Portland Cement Manufacturers: Do You Know When to Submit Your O&M Plan to Comply With the February 2013 Amendments to 40 CFR Part 63, Subpart LLL?

Back in February 2013, the U.S. Environmental Protection Agency (U.S. EPA) amended 40 CFR Part 63, Subpart LLL – National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry (Subpart LLL).  We are fast approaching the February 12, 2014 compliance date for operations and maintenance (O&M) plan requirements for existing sources with requirements for open clinker storage piles.

Pursuant to 40 CFR §63.1347(a), an owner or operator subject to the requirements for open clinker storage piles must prepare a written O&M plan to address the requirements.  Also, the plan must be submitted to the Administrator for review and approval as part of the application for a part 70 permit.

During recent communications with affected facilities and regulators, I have learned of frequently asked questions (FAQs) regarding the submittal of written O&M plans.  This blog responds to two (2) FAQs and is based upon clarification provided through the Office of Enforcement and Compliance Assurance (OECA) of the U.S. Environmental Protection Agency (U.S. EPA) and the Pennsylvania Department of Environmental Protection (PADEP), Division of Permits.  The questions and responses are provided below:

Question No. 1:   Does the written O&M plan need to be submitted on or before the February 12, 2014 compliance date?

Response:  The written O&M plan does not need to be submitted to the Administrator on or before the February 12, 2014 compliance date for existing sources with requirements for open clinker storage piles.

The fugitive dust emissions control measures that are appropriate for the site conditions must be included in your O&M plan and the actual measures must be in practice by February 12, 2014.  Furthermore, the O&M plan covering these new clinker pile requirements should be made available to the Administrator, if requested.

Disclaimer:  A state can require your O&M plan to be submitted separately on or before the February 12, 2014 compliance date if they so desire.  If you are not in the state of Pennsylvania, it would be wise to obtain confirmation from your State that they are not requiring submittals as a “Part 70 Application”, as the application and check request could take time to prepare.

Question No. 2:  What type of “application” should be submitted to include an O&M plan (e.g., renewal, administrative amendment, minor modification, or significant modification)?

Response:  A written O&M plan should be submitted to the Administrator for review and approval as part of any subsequent application for a Part 70 permit that is submitted after February 12, 2014.  Please note that your subsequent application for a Part 70 permit may be here sooner than you realize.  According to 40 CFR 70.7(f), there are several circumstances when a permit must be reopened.  For example, a permit shall be reopened within 18 months of new standards being promulgated that apply to the sources, if there are three or more years left in the permit term (40 CFR 70.7(f)(1)(i)).  The permitting authorities will then incorporate these newly promulgated standards into the Title V permit.  The bottom line is that if your permit term has three or more years left, you may need to reopen the permit no later than August 12, 2014.

If you still have unanswered questions or would like to learn how ALL4 can provide your organization with compliance assistance related to this and other air quality rules and regulations, please contact me at (610) 933-5246 x120 or at jkleinle@all4inc.com.