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EPA/SWER RIN: 2050-AG43 Publication ID: Fall 2008 
Title: NESHAP: National Emission Standard for Hazardous Air Pollutants: Standards for Hazardous Waste Combustors; PM Standards Amendments 
Abstract: On October 12, 2005, EPA promulgated national emission standards for hazardous air pollutants from new and existing hazardous waste combustors. Subsequently, the Administrator received four petitions for reconsideration of the final rule. Two petitioners requested that EPA reconsider the particulate matter standard for new cement kilns. On March 23, 2006, EPA published a Federal Register notice granting the petitioners' request for reconsideration on that issue and proposing a revised particulate matter standard for kiln combustion emissions. In response to the proposed rule, two commenters requested that the Agency adopt an alternative measurement approach to show compliance with the particulate matter standard when a certain cement plant design is used. The cement plant design at issue would use heat from the clinker cooler exhaust, in addition to kiln combustion gas that traditionally is used, to dry the incoming raw material feed to the kiln. This use of the clinker cooler exhaust would result in significant energy savings. Combining the clinker cooler and the kiln combustion exhausts, each of which are subject to a different particulate matter standard (i.e., 40 CFR part 63, subparts LLL and EEE, respectively), into a single gas stream presents a measurement issue that the Agency did not anticipate when promulgating the particulate matter standards. This rulemaking would not revise either of these particulate matter standards, but would provide a methodology to assess compliance with the particulate matter standards when a source elects to combine these exhaust streams. The Agency is aware of only one new cement operation that currently proposes to use this configuration. However, we anticipate that additional facilities will use similar designs in the future because this kiln system design beneficially uses available hot clinker cooler exhaust gases that would otherwise be vented to the atmosphere. In order to ensure a consistent approach to regulating similar facilities, the Agency believes that it is appropriate to address the compliance issues raised by this design through a single rulemaking rather than a series of separate alternative compliance demonstration requests. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 63 (Revision)   
Legal Authority: 42 USC 7412    42 USC 7414   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  05/00/2009    
Additional Information: SAN No. 5231
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State, Tribal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: http:/www.epa.gov/hwcmact  
RIN Data Printed in the FR: No 
Agency Contact:
Frank Behan
Environmental Protection Agency
Solid Waste and Emergency Response
Mail Code 5304T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 566-1730
Email: behan.frank@epa.gov

Jesse Miller
Environmental Protection Agency
Solid Waste and Emergency Response
1200 Pennsylvania Avenue NW, Mail Code 5304T,
Washington, DC 20460
Phone:202 566-0562
Email: miller.jesse@epa.gov