(1) The total hours of operation.

(2) The type and quantity of fuel used.

(3) The quantity of glass pulled.

(b) The owner or operator of a glass melting furnace

shall maintain records of:

(1) Source tests and operating parameters established

during the initial source test.

(2) Maintenance, repairs, malfunctions, idling, start-up

and shutdown.

(c) The records required under this section shall be

maintained onsite for 5 years. The records shall be made

available or submitted to the Department upon request.

[Pa.B. Doc. No. 08-729. Filed for public inspection April 18, 2008, 9:00 a.m.]

[ 25 PA. CODE CHS. 121, 129 AND 145 ]

Control of NOx Emissions from Cement Kilns

The Environmental Quality Board (Board) proposes to

amend Chapters 121, 129 and 145 (relating to definitions;

standards for sources; and interstate pollution transport

reduction) as set forth in Annex A.

This notice is given under Board order at its meeting of

February 19, 2008.

A. Effective Date

This proposed rulemaking will be effective upon publication in the Pennsylvania Bulletin as final-form rulemaking.

This proposed rulemaking will be submitted to the

United States Environmental Protection Agency (EPA) as

a revision to the Pennsylvania State Implementation Plan

upon final-form rulemaking.

B. Contact Persons

For further information, contact Jane Mahinske, Air

Quality Program Specialist, Division of Air Resource

Management, Bureau of Air Quality, 12th Floor, Rachel

Carson State Office Building, P. O. Box 8468, Harrisburg,

PA 17105-8468, (717) 787-9495 or Robert Reiley, Assistant

Counsel, Bureau of Regulatory Counsel, 9th Floor, Rachel

Carson State Office Building, P. O. Box 8464, Harrisburg,

PA 17105-8464, (717) 787-7060.

Information regarding submitting comments on this

proposal appears in Section J of this preamble. Persons

with a disability may use the AT&T Relay Service by

calling (800) 654-5984 (TDD users) or (800) 654-5988

(voice users). This proposal is available electronically

through the Department of Environmental Protection’s

(Department) web site (www.depweb.state.pa.us).

C. Statutory Authority

This action is being taken under the authority of

section 5(a)(1) of the Air Pollution Control Act (35 P. S.

§ 4005(a)(1)), which grants to the Board the authority to

adopt regulations for the prevention, control, reduction

and abatement of air pollution.

D. Background and Summary

When ground-level ozone is present in concentrations in

excess of the Federal health-based standards, public

health is adversely affected. The EPA has concluded that

there is an association between ambient ozone concentrations and increased hospital admissions for respiratory

ailments, such as asthma. Further, although children, the

elderly and those with respiratory problems are most at

risk, even healthy individuals may experience increased

respiratory ailments and other symptoms when they are

exposed to ambient ozone while engaged in activity that

involves physical exertion. Though these symptoms are

often temporary, repeated exposure could result in permanent lung damage. The implementation of additional

measures to address ozone air quality nonattainment in

this Commonwealth is necessary to protect the public

health.

The purpose of this proposed rulemaking is to reduce

emissions of nitrogen oxides (NOx) from cement kilns to

reduce levels of ground-level ozone. Ground-level ozone is

not directly emitted by pollution sources, but is created as

a result of the chemical reaction of NOx and volatile

organic compounds in the presence of light and heat. The

reduction of NOx emissions will also help protect the

public health from high levels of fine particulates, of

which NOx is a precursor component. Fine particulates,

as well as ozone, are health hazards. The reduction of

NOx emissions also reduces visibility impairment and

acid deposition. This proposed rulemaking is reasonably

necessary to achieve and maintain the ozone and PM2.5

National Ambient Air Quality Standards.

The Commonwealth, along with the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New

Hampshire, New Jersey, New York, Rhode Island, Vermont and Virginia, and the District of Colombia, are

members of the Ozone Transport Commission (OTC),

which was created under section 184 of the Federal Clean

Air Act (42 U.S.C.A. § 7511c), to develop and implement

regional solutions to the ground-level ozone problem in

the Northeast and Mid-Atlantic regions. To date, states

from the OTC, including the Commonwealth, have established a number of regulatory programs to reduce ozone

precursor emissions, including programs related to portable fuel containers, architectural and industrial maintenance coatings and consumer products. Consistent with

its strategy to achieve equitable ozone precursor emission

reductions from all industrial sectors, the Commonwealth,

along with other OTC states, has met with representatives of the cement industry to discuss reductions of NOx

emissions from their kilns.

In the Commonwealth, there are 21 cement kilns,

which in 2005 emitted 12,967 tons of NOx emissions in

this Commonwealth. Of these 21 kilns in this Commonwealth, 14 of them are ‘‘long’’ kilns. These are older

technology kilns and are less energy efficient than

preheater kilns and the newest technology, precalciner

kilns. The higher energy efficiency of the preheater and

precalciner kilns results in inherently lower NOx emissions than those from long wet and dry kilns, per ton of

product.

Control technologies are readily available to achieve

NOx emission reductions of greater than 20% from cement kilns. These technologies include: conversion to

indirect firing systems with low-NOx burners with approximately 20-30% reduction; mid-kiln firing of whole

tires in long kilns with approximately 20-40% reduction;

staged combustion in precalciner kilns with approximately 30-45% reduction; selective noncatalytic reduction

(SNCR) in precalciner kilns with approximately 30-70%

reduction; and selective catalytic reduction (SCR) with

approximately 80-90% reduction. SNCR has been used on

preheater kilns and has been proposed for long kiln

applications. All of these technologies, except SCR, are

demonstrated on kilns in the United States.

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The proposed NOx emission limits should allow a

number of this Commonwealth’s cement manufacturers to

develop and implement compliance strategies without the

need for widespread installation of control equipment on

long kilns which will likely be replaced with more energy

efficient technologies over time. However, an additional

compliance option includes allowing the purchase of

Clean Air Interstate Rule (CAIR) NOx Ozone Season

Allowances to account for emissions in excess of the

proposed limits, as a near term compliance option.

The Department worked with the Air Quality Technical

Advisory Committee (AQTAC) in the development of

these proposed regulations. At its July 26, 2007, meeting,

the AQTAC concurred with the Department’s recommendation that the Board consider the adoption of these

proposed regulations. However, the AQTAC would like to

receive comment on the ability of owners and operators to

demonstrate compliance on an intercompany emissions

averaging basis. For instance, under the proposal, the

owner or operator of a Portland cement kiln or multiple

Portland cement kilns shall demonstrate compliance with

the emission requirements specified in § 129.402 (relating to emission requirements) on a kiln-by-kiln basis, a

facility-wide emissions averaging basis or a system-wide

averaging basis among Portland cement kilns under the

common control of the same owner or operator in this

Commonwealth. The AQTAC recommends that the Board

seek comment on whether averaging should be expanded

to cement kilns that are not under the common control of

the same owner or operator.

The Department also conferred with the Citizens Advisory Council (CAC) concerning the proposed rulemaking

on July 17, 2007. The CAC concurred with the Department’s recommendation that the Board consider the

adoption of these proposed regulations. The CAC, however, raised concerns over allowing system-wide averaging

as a means of compliance demonstration and specifically

seeks public comment on this issue.

E. Summary of Regulatory Revisions

The proposed amendments add the following new definitions and terms to § 121.1 (relating to definitions) used

in the substantive provisions under §§ 129.401—129.405

(relating to emissions of NOx from cement manufacturing): ‘‘calcine,’’ ‘‘clinker,’’ ‘‘long dry-process cement kiln,’’

‘‘long wet-process cement kiln,’’ ‘‘Portland cement,’’ ‘‘Portland cement kiln,’’ ‘‘precalciner cement kiln’’ and

‘‘preheater cement kiln.’’ In addition, the proposed amendments revise the following definition and term in § 121.1,

‘‘CEMS-Continuous emissions monitoring system.’’

Proposed § 129.401 (relating to applicability) provides

that beginning May 1, 2009, an owner or operator of a

Portland cement kiln shall comply with the requirements

in this section and §§ 129.402—129.405.

Proposed § 129.402 (relating to emission requirements)

requires that the owner or operator of a Portland cement

kiln determine allowable emissions of NOx by multiplying

the tons of clinker produced by the Portland cement kiln

for the period from May 1 through September 30, 2009,

and for each year thereafter by: 3.88 pounds of NOx per

ton of clinker produced for long wet-process cement kilns;

3.44 pounds of NOx per ton of clinker produced for long

dry-process cement kilns; and 2.36 pounds of NOx per ton

of clinker produced for preheater cement kilns and for

precalciner cement kilns.

Proposed § 129.403 (relating to compliance determination) requires, among other things, that not later than

May 1, 2009, the owner or operator of a Portland cement

kiln shall install, operate and maintain continuous emmissions montoring systems (CEMS) for NOx emissions,

and report CEMS emissions data to the Department in

accordance with the CEMS requirements of Chapter 139,

Subchapter C (relating to requirements for source monitoring for stationary sources).

Proposed § 129.404 (relating to compliance demonstration) provides, among other things, that by October 31,

2009, and of each year thereafter, the owner or operator

of a Portland cement kiln shall report certain information

to the Department, in a format reasonably prescribed by

the Department. The owner or operator of a Portland

cement kiln or multiple Portland cement kilns shall

demonstrate compliance with the emission requirements

specified in § 129.402 on a kiln-by-kiln basis, a facilitywide emissions averaging basis or a system-wide averaging basis among Portland cement kilns under the common

control of the same owner or operator in this Commonwealth. Additionally, for the period from May 1 through

September 30, 2009, and of each year thereafter, the

owner or operator of a Portland cement kiln shall surrender to the Department one CAIR NOx Ozone Season

allowance for each ton of NOx emissions by which the

combined actual emissions exceed the allowable emissions

of the Portland cement kiln subject to this section.

Proposed § 129.405 (relating to recordkeeping) provides

that the owner or operator of a Portland cement kiln shall

maintain an operating log for each Portland cement kiln

that includes certain monthly information.

Under Chapter 145, Subchapter C (relating to emissions of NOx from cement manufacturing), it is proposed

in § 145.141 (relating to applicability) that beginning

May 1, 2009, an owner or operator of a Portland cement

kiln would comply with §§ 129.401—129.405.

F. Benefits, Costs and Compliance

Benefits

Overall, the citizens of this Commonwealth will benefit

from these proposed regulations because the regulations

will result in improved air quality by reducing ozone

precursor emissions and will encourage new technologies

and practices, which will reduce emissions.

Compliance Costs

The proposed regulations will include emissions averaging and use of CAIR NOx Ozone Season allowances as

near term compliance options. This will allow an owner or

operator of an affected cement kiln to elect the least-cost

compliance alternative, including emissions averaging or

the use of CAIR NOx Ozone Season allowances to demonstrate compliance with the NOx emission limits. Based on

2005 ozone season emissions, implementation of the

proposed rule is estimated to result in a reduction of

1,300 tons of NOx emissions. Based on a long-term

average CAIR NOx Ozone Season allowance price of

$1,000, the cost of 1,300 NOx allowances would be

$1,300,000. The proposed rulemaking includes minor

changes to existing administrative requirements. These

changes are not expected to have a significant cost.

Compliance Assistance Plan

The Department plans to educate and assist the public

and regulated community in understanding the newly

revised requirements and how to comply with them. This

will be accomplished through the Department’s ongoing

Regional Compliance Assistance Program.

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Paperwork Requirements

The proposed rulemaking will not significantly increase

the paperwork that is already generated during the

normal course of business operations.

G. Pollution Prevention

The Federal Pollution Prevention Act of 1990 established a National policy that promotes pollution prevention as the preferred means for achieving state environmental protection goals. The Department encourages

pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of

environmentally friendly materials, more efficient use of

raw materials, and the incorporation of energy efficiency

strategies. Pollution prevention practices can provide

greater environmental protection with greater efficiency

because they can result in significant cost savings to

facilities that permanently achieve or move beyond compliance. This proposed rulemaking will provide the owners and operators of all cement kilns the opportunity to

improve the energy efficiency at their operations, which

will result in lower NOx emissions.

H. Sunset Review

This proposed rulemaking will be reviewed in accordance with the sunset review schedule published by the

Department to determine whether the regulations effectively fulfill the goals for which they were intended.

I. Regulatory Review

Under section 5(a) of the Regulatory Review Act (71

P. S. § 745.5(a)), on April 7, 2008, the Department submitted a copy of these proposed amendments to the

Independent Regulatory Review Commission (IRRC) and

the Chairpersons of the House and Senate Environmental

Resources and Energy Committees (committees). In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy

of a detailed Regulatory Analysis Form prepared by the

Department. A copy of this material is available to the

public upon request.

Under section 5(g) of the Regulatory Review Act, IRRC

may convey any comments, recommendations or objections to the proposed amendments within 30 days of the

close of the public comment period. The comments, recommendations or objections shall specify the regulatory

review criteria that have not been met. The Regulatory

Review Act specifies detailed procedures for review of

these issues by the Department, the General Assembly

and the Governor prior to final publication of the regulations.

J. Public Comments

Written Comments—Interested persons are invited to

submit comments, suggestions or objections regarding the

proposed regulations to the Environmental Quality Board,

P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail:

Rachel Carson State Office Building, 16th Floor, 400

Market Street, Harrisburg, PA 17101-2301). Comments

submitted by facsimile will not be accepted. Comments,

suggestions or objections must be received by the Board

by June 23, 2008. Interested persons may also submit a

summary of their comments to the Board. The summary

may not exceed one page in length and must also be

received by June 23, 2008. The one-page summary will be

provided to each member of the Board in the agenda

packet distributed prior to the meeting at which the

final-form regulations will be considered.

Electronic Comments—Comments may be submitted

electronically to the Board at RegComments@state.pa.us

and must also be received by the Board by June 23, 2008.

A subject heading of the proposal and a return name and

address must be included in each transmission.

K. Public Hearings

The Board will hold three public hearings for the

purpose of accepting comments on this proposal. The

hearings will be held as follows:

May 19, 2008

10 a.m.

Department of Environmental Protection

Rachel Carson State Office Building

Room 105

400 Market Street

Harrisburg, PA 17105

May 21, 2008

10 a.m.

Department of Environmental Protection

Northeast Regional Office

Susquehanna Room—A, Second Floor

2 Public Square

Wilkes-Barre, PA 18711-1790

May 23, 2008

10 a.m.

Department of Environmental Protection

Southwest Regional Office

Waterfront A and B Conference Room

400 Waterfront Drive

Pittsburgh, PA 15222

Persons wishing to present testimony at a hearing are

requested to contact the Environmental Quality Board,

P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-

4526, at least 1 week in advance of the hearing to reserve

a time to present testimony. Oral testimony is limited to

10 minutes for each witness. Witnesses are requested to

submit three written copies of their oral testimony to the

hearing chairperson at the hearing. Organizations are

limited to designating one witness to present testimony

on their behalf at each hearing.

Persons in need of accommodations as provided for in

the Americans With Disabilities Act of 1990 should

contact the Board at (717) 787-4526 or through the

Pennsylvania AT&T Relay Service at (800) 654-5984

(TDD) to discuss how the Department may accommodate

their needs.

KATHLEEN A. MCGINTY,

Chairperson

Fiscal Note: 7-419. No fiscal impact; (8) recommends

adoption.

Annex A

TITLE 25. ENVIRONMENTAL PROTECTION

PART I. DEPARTMENT OF ENVIRONMENTAL

PROTECTION

Subpart C. PROTECTION OF NATURAL

RESOURCES

ARTICLE III. AIR RESOURCES

CHAPTER 121. GENERAL PROVISIONS

§ 121.1. Definitions.

The definitions in section 3 of the act (35 P. S. § 4003)

apply to this article. In addition, the following words and

terms, when used in this article, have the following

meanings, unless the context clearly indicates otherwise:

*****

CEMS—Continuous emissions monitoring system—

[ For purposes of Chapter 127, Subchapter E, all of

the equipment that may be required to meet the

data acquisition and availability requirements of

Chapter 127, Subchapter E to sample, condition,

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analyze and provide a record of emissions on a

continuous basis. ] All of the equipment required to

meet applicable data acquisition and availability

requirements in this article (relating to Air Resources) to sample, condition (if applicable), analyze, measure and provide a permanent record of

emissions of air contaminants to the outdoor atmosphere, in accordance with the standards set forth

by the Department under Chapter 139, Subchapter

C (relating to requirements for source monitoring

for stationary sources).

*****

Calcine—To heat a substance to a high temperature, but below its melting or fusing point, to bring

about thermal decomposition or a phase transition

in its physical or chemical constitution.

*****

Clinker—The product of a Portland cement kiln

from which finished cement is manufactured by

milling and grinding.

*****

Long dry-process cement kiln—A Portland cement

kiln that employs no preheating of the feed. The

inlet feed to the kiln is dry.

Long wet-process cement kiln—A Portland cement

kiln that employs no preheating of the feed. The

inlet feed to the kiln is a slurry.

*****

Portland cement—A hydraulic cement produced

by pulverizing clinker consisting essentially of hydraulic calcium silicates, usually containing one or

more of the forms of calcium sulfate as an

interground addition.

Portland cement kiln—A system, including solid,

gaseous or liquid fuel combustion equipment, used

to calcine and fuse raw materials, including limestone and clay, to produce Portland cement clinker.

*****

Precalciner cement kiln—A Portland cement kiln

where the feed to the kiln system is preheated in

cyclone chambers and a second burner is used to

calcine material in a separate vessel attached to the

preheater prior to the final fusion in a kiln that

forms clinker.

Preheater cement kiln—A Portland cement kiln

where the feed to the kiln system is preheated in

cyclone chambers prior to the final fusion in a kiln

that forms clinker.

*****

(Editor’s Note: Sections 129.401—129.405 are new

and are printed in regular type to enhance readability.)

CHAPTER 129. STANDARDS FOR SOURCES

EMISSIONS OF NOx FROM CEMENT

MANUFACTURING

§ 129.401. Applicability.

Beginning May 1, 2009, an owner or operator of a

Portland cement kiln shall comply with the requirements

in this section and §§ 129.402—129.405.

§ 129.402. Emission requirements.

(a) During the period from May 1 through September

30, 2009, and for each year thereafter, the owner or

operator of a Portland cement kiln may not operate a

Portland cement kiln in a manner that results in NOx

emissions in excess of the allowable limits established

under subsection (b).

(b) The owner or operator of a Portland cement kiln

shall determine allowable emissions of NOx by multiplying the tons of clinker produced by the Portland cement

kiln for the period from May 1 through September 30,

2009, and for each year thereafter by:

(1) 3.88 pounds of NOx per ton of clinker produced for

long wet-process cement kilns.

(2) 3.44 pounds of NOx per ton of clinker produced for

long dry-process cement kilns.

(3) 2.36 pounds of NOx per ton of clinker produced for:

(i) Preheater cement kilns.

(ii) Precalciner cement kilns.

§ 129.403. Compliance determination.

(a) By May 1, 2009, the owner or operator of a

Portland cement kiln shall:

(1) Install, operate and maintain CEMS for NOx emissions.

(2) Report CEMS emissions data, in accordance with

the CEMS requirements of Chapter 139, Subchapter C

(relating to requirements for source monitoring for stationary sourcesing for stationary sources), to the Department.

(3) Calculate actual emissions using the CEMS data

reported to the Department.

(b) Data invalidated under Chapter 139, Subchapter C,

shall be substituted with either of the following:

(1) Data calculated using the potential emission rate

for the kiln.

(2) If approved by the Department, in writing, the

highest valid 1-hour emission value that occurred during

the reporting quarter for an invalid data period during

that quarter. If no valid data were collected during the

reporting quarter, one of the following shall be reported to

the Department:

(i) The highest valid 1-hour emission value that occurred during the most recent quarter for which valid

data were collected.

(ii) If approved by the Department, in writing, the

highest valid 1-hour emission value that occurred during

an alternative reporting period.

(c) The owner or operator of a Portland cement kiln

subject to this section shall submit to the Department

quarterly reports of CEMS monitoring data in pounds of

NOx emitted per hour, in a format approved by the

Department, in writing, and in compliance with Chapter

139, Subchapter C.

(d) The CEMS for NOx installed under the requirements of this section must meet the minimum data

availability requirements in Chapter 139, Subchapter C.

§ 129.404. Compliance demonstration.

(a) By October 31, 2009, and each year thereafter, the

owner or operator of a Portland cement kiln shall report

to the Department, in a format approved, in writing, by

the Department:

(1) The difference between the actual NOx emissions

from the kiln during the interval from May 1 through

September 30 and the allowable emissions for that period.

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(2) The calculations used to determine the difference in

emissions, including the CEMS data and clinker production data used to show compliance with the allowable

emission limits in § 129.402 (relating to emission requirements). The clinker production data must consist of the

quantity of clinker, in tons, produced per day for each

kiln.

(b) The owner or operator of a Portland cement kiln or

multiple Portland cement kilns shall demonstrate compliance with the emission requirements in § 129.402 on

either:

(1) A kiln-by-kiln basis.

(2) A facility-wide emissions averaging basis.

(3) A system-wide averaging basis among Portland

cement kilns under the common control of the same

owner or operator in this Commonwealth.

(c) The owner or operator of a Portland cement kiln

may demonstrate compliance with the emission requirements of § 129.402 in accordance with the following:

(1) For the period from May 1 through September 30,

2009, and each year thereafter, the owner or operator of a

Portland cement kiln shall surrender to the Department

one CAIR NOx Ozone Season allowance, as defined in

§ 145.202 (relating to definitions), for each ton of NOx by

which the combined actual emissions exceed the allowable

emissions of the Portland cement kilns at a facility

subject to this section.

(2) The surrendered CAIR NOx Ozone Season allowances shall be of current year vintage.

(3) For purposes of determining the amount of allowances to surrender, any remaining fraction of a ton equal

to or greater than 0.50 ton is deemed to equal 1 ton and

any fraction of a ton less than 0.50 ton is deemed to equal

zero tons.

(d) If the combined allowable emissions from Portland

cement kilns at a facility from May 1 through September

30 exceed the combined actual emissions from Portland

cement kilns at the facility subject to this section and

§§ 129.401—129.403 and 129.405 (relating to applicability; emission requirements; and compliance determination; and recordkeeping) during the same period, the

owner or operator may deduct the difference or a portion

of the difference from the amount of actual emissions

from Portland cement kilns for that period at the owner

or operator’s other facilities located in this Commonwealth. The owner or operator of a kiln that commences

operation after (Editor’s Note: The blank refers to the effective date of adoption of this proposal.) may

average only those emissions that are below the permitted NOx limit for the kiln or below 1.52 pounds of NOx

per ton of clinker, whichever is lower.

(e) By November 1, 2009, and each year thereafter, an

owner or operator of a Portland cement kiln subject to

this section and §§ 129.401—129.403 and 129.405 shall

surrender the required CAIR NOx Ozone Season allowances to the Department’s designated NATS-NOx allowance tracking system account as defined in § 121.1

(relating to definitions) and shall provide to the Department, in writing, the following:

(1) The serial number of each CAIR NOx Ozone Season

allowance surrendered.

(2) The calculations used to determine the quantity of

CAIR NOx Ozone Season allowances required to be

surrendered.

(f) If an owner or operator of a Portland cement kiln

fails to comply with subsection (e), the owner or operator

shall by December 31 surrender three CAIR NOx Ozone

Season allowances of the current or later year vintage for

each CAIR NOx Ozone Season allowance that was required to be surrendered by November 1 of that year.

(g) The surrender of CAIR NOx Ozone Season allowances under subsection (f) does not affect the liability of

the owner or operator of the Portland cement kiln for any

fine, penalty or assessment, or an obligation to comply

with any other remedy for the same violation, under the

CAA, or the act.

(1) For purposes of determining the number of days of

violation, if a facility has excess emissions for the period

May 1 through September 30, each day in that period

(153 days) constitutes a day in violation unless the owner

or operator of the Portland cement kiln demonstrates that

a lesser number of days should be considered.

(2) Each ton of excess emissions is a separate violation.

§ 129.405. Recordkeeping.

(a) The owner or operator of a Portland cement kiln

shall maintain an operating log for each Portland cement

kiln. The operating log must include the following on a

monthly basis:

(1) The total hours of operation.

(2) The type and quantity of fuel used.

(3) The quantity of clinker produced.

(b) The records maintained by the owner or operator of

a Portland cement kiln must include the following:

(1) Source tests and operating parameters established

during the initial source test and subsequent testing

(2) The date, time and duration of any start-up, shutdown or malfunction of a Portland cement kiln or emissions monitoring system.

(3) The date and type of maintenance, repairs or

replacements performed on the kilns, control devices and

emission monitoring systems.

(c) The owner or operator of a Portland cement kiln

shall maintain the records required under this section

onsite for 5 years. The records shall be made available to

the Department upon request.

CHAPTER 145. INTERSTATE POLLUTION

TRANSPORT REDUCTION

Subchapter C. EMISSIONS OF NOx FROM

CEMENT MANUFACTURING

§ 145.141. Applicability.

Beginning May 1, 2005, until April 30, 2009, an owner

or operator of a Portland cement kiln shall comply with

this subchapter. Beginning May 1, 2009, an owner or

operator of a Portland cement kiln shall comply

with §§ 129.401—129.405 (relating to emissions of

NOx from cement manufacturing).

[Pa.B. Doc. No. 08-730. Filed for public inspection April 18, 2008, 9:00 a.m.]

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