More Proposed Changes to PC MACT

On November 4, 2014, the U.S. Environmental Protection Agency (U.S. EPA) published a proposal to amend two (2) rules issued in February 2013: the National Emission Standards for Hazardous Air Pollutants (NESHAP) from the Portland Cement Manufacturing Industry (40 CFR Part 63, Subpart LLL), and standards of performance for new stationary sources (NSPS) for new kilns (40 CFR Part 60, Subpart F).

As we have been discussing in our recent blogs and in our October 2014 4 The Record article, the affirmative defense provisions in Subpart LLL have been formally removed. In addition, the proposed rule:

• Clarifies the definition of rolling average, run average and operating day (both Subpart F and Subpart LLL).
• Restores the table of emission limits that apply until the September 9, 2015 compliance date (Subpart LLL).    
• Provides a scaling alternative for sources that have a wet scrubber, tray tower, or dry scrubber relative to the hydrogen chloride (HCl) compliance demonstration (Subpart LLL).  
• Adds the parameter of temperature to the startup and shutdown requirements and clarifies that the requirement of 40 CFR §63.1346(g)(3) is related to HAP control devices (Subpart LLL).
• Clarifies language related to span values for HCl and Hg (Subpart LLL).  
• Makes technical corrections related to inadvertent typographical errors (both Subpart F and Subpart LLL).
• Removes 40 CFR §60.64(c)(2), which applied when sources did not have valid 15-minute continuous emissions monitoring system data (Subpart F).  This provision allowed for inclusion of the average emission rate from the previous hour for which data were available.  This provision was inadvertently added to the final rule but this substitution is not an allowable action.

U.S. EPA will accept comment on the proposed changes for 60 days after the proposed rule is published in the Federal Register (Docket ID number: EPA‐HQ‐OAR‐2011‐0817). The agency will hold a public hearing if requested.