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EPA/OAR RIN: 2060-AT57 Publication ID: Fall 2017 
Title: National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry Alternative Monitoring Method 
Abstract:

This action involves a continued approval of an alternative monitoring method to the Portland Cement Industry direct final rule, which was originally intended as a short-term solution to a timing issue relative to compliance demonstrations. In July 2016, when this alternative monitoring method was first published (via a direct final rulemaking), it was believed that hydrogen chloride (HCl) calibration gases would become available within a period of one year (i.e., the rule provides for the use of this alternative monitoring method until July 25, 2017). The calibration gases are needed for compliance demonstrations relative to the HCl continuous monitoring requirements of the Portland Cement Industry final rule. However, as the one-year deadline approached, it became apparent that the calibration gases wound not be widely available for operators, and when the date that the calibration gases would become readily available was uncertain. For this reason, we developed a direct final rule/parallel proposal to extend the alternative monitoring method until such time when the calibration gases became available. (Note that this change will affect only kilns that do not have HCl controls, which are required to continuously monitor for HCl.) The direct final rule/parallel proposal included an alternative method for HCl compliance that requires a yearly stack test along with the HCl monitors performing as parametric monitors instead of direct continuous monitoring. The direct final/parallel proposal was published on June 23, 2017. It was believed that the action would not receive any adverse comment from the public, but on June 29, 2017, we received adverse comment from EarthJustice. Due to the shortened comment period of the direct final/parallel proposal, we were unable to withdraw the direct final in a timely manner. We have now published a final rule to restore the National Ambient Air Quality Standards (NESHAP) to the conditions that existed prior to the direct final amendments. In addition, we have re-proposed the alternative monitoring method with the intention of allowing additional time for the public to comment. After opportunity for the public to comment, we will take final action considering all comments received on the proposal, and the comments that were received from the direct final and parallel proposal published on June 23, 2017.

 
Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 14192 Designation: Deregulatory 
CFR Citation: 40 CFR 63   
Legal Authority: 42 U.S.C. 7411 Clean Air Act   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  06/23/2017  82 FR 28616   
NPRM  06/23/2017  82 FR 28616   
Direct Final Rule  06/23/2017  82 FR 28562   
Direct Final Rule Effective  07/05/2017 
NPRM  08/22/2017  82 FR 39712   
Final Rule  08/22/2017  82 FR 39671   
Final Rule Effective  08/22/2017 
Final Rule  12/00/2017 
Additional Information: Docket #:EPA-HQ-OAR-2016-0442
Regulatory Flexibility Analysis Required: No  Government Levels Affected: State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
Sectors Affected: 327310 Cement Manufacturing 
RIN Data Printed in the FR: No 
Related RINs: Related to 2060-AS98 
Agency Contact:
Brian Storey
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code D243-04,
Research Triangle Park, NC 27711
Phone:919 541-1103
Fax:919 541-4991
Email: storey.brian@epa.gov

Jennifer Caparoso
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code E143-01,
Research Triangle Park, NC 27711
Phone:919 541-4063
Fax:919 541-0516
Email: caparoso.jennifer@epa.gov