Pennsylvania Proposes Cement Kiln Nitrogen Oxide (NOx) Rule

The Pennsylvania Department of Environmental Protection (PADEP) published the proposed rule “Emissions of NOx from Cement Manufacturing” in the April 19, 2008 Pennsylvania Bulletin. The proposed rule includes additions to Title 25, §121.1 – Definitions and adds the proposed rule to Title 25, Chapter 29 of the Pennsylvania Code at §129.401 through §129.405. The proposed rule will apply to owners or operators of portland cement kilns and will limit NOx emissions during the ozone season (May 1 through September 30) beginning on May 1, 2009. The proposed new rule is similar to the rule that it will replace (Chapter 145, Subchapter C – Emissions of NOx from Cement Manufacturing).  The public comment period closes on June 23, 2008. 

Under the proposed rule, NOx emissions from affected cement kilns will be limited to 3.88 lb NOx/ton clinker for long wet kilns, 3.44 lb NOx/ton clinker for long dry kilns, and 2.36 lb NOx/ton clinker for preheater or precalciner kilns.  Allowable ozone season NOx emissions (in tons) will be determined each year by multiplying the tons of clinker produced by each affected kiln during the ozone season by the allowable NOx emission rate. Compliance will be determined on an annual basis by calculating actual NOx emissions during the ozone season, determined by continuous emission monitoring systems (CEMS), and comparing actual ozone season NOx emissions (tons) to the calculated allowable ozone season NOx emissions (tons).

Compliance with the proposed rule may be based on an individual kiln basis, facility-wide emissions averaging, or system-wide averaging for portland cement kilns under common control in Pennsylvania. The owner or operator of a kiln that commences operation after the effective date of adoption of the regulation may average only those emissions that are below the permitted NOx limit for the kiln or below 1.52 lb NOx/ton of clinker, whichever is lower.  For each ton of NOx by which the actual combined ozone season NOx emissions exceeds the allowable ozone season NOx emissions, the owner or operator will be required to surrender one (1) current year vintage Clean Air Interstate Rule (CAIR) NOx Ozone Season allowance (as defined in §145.202).  Compliance reports must be submitted to PADEP by October 31 of each year, beginning in 2009. If the October 31 deadline is missed, allowances must be surrendered at a 3 to 1 basis and the facility may be subject to additional enforcement action.