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EPA/AR RIN: 2060-AO15 Publication ID: Fall 2010 
Title: NESHAP: Portland Cement Notice of Reconsideration and NSPS for Portland Cement 
Abstract: The Portland Cement Manufacturing Industry National Emission Standards for Hazardous Air Pollutants (NESHAP) was promulgated June 14, 1999, and has been codified in 40 Code of Federal Regulations 63, Subpart LLL. This rule regulates emissions of air toxics from all facilities that produce Portland cement from raw materials such as limestone. (Note that cement kilns that burn hazardous waste are covered under a different air toxics rule). The Sierra Club and the National Lime Association petitioned the court to review Subpart LLL, while the American Portland Cement Alliance (APCA, now the Portland Cement Association - PCA) opted to negotiate a settlement agreement. (Note that a separate rulemaking amended Subpart LLL to implement the settlement agreement with the APCA -- SAN 4524, RIN 2060-AJ57, Tier 3.) On December 15, 2000, a panel of the D.C. Circuit issued its opinion in National Lime Association v. EPA. The Court remanded the three standards for which we established floors of no control (hydrogen chloride [HCl], total hydrocarbon [THC], and mercury [Hg]). The Court found that we committed error in not considering other means of control, in particular, control of HAPs in raw materials and in fossil fuels. The Court also remanded that we consider setting beyond-the-floor standards for HAP metals, for which particulate matter (PM) is a surrogate. On December 20, 2006, EPA published final amendments to the Portland cement air toxics rule to respond to the December 2000 remand (SAN 4585, RIN 2060-AJ78, Tier 3). At the same time as the final amendments were published, EPA also published a notice of reconsideration of the final new source limits for mercury and total hydrocarbons (a surrogate for non-dioxin organic toxic air pollutants), and a reconsideration of the ban on the use of certain mercury containing fly ash in both new and existing cement kilns. The Agency took this action because there were still substantive technical issues and there was not sufficient opportunity for public comment on parts of the final action. EPA also granted a petition to reconsider the existing source emissions limits for mercury and THC, and also our decision not to regulate hydrochloric acid emissions. As part of this reconsideration, EPA has conducted extensive data gathering and analysis, including requirements for emissions testing. Based on evaluation of the gathered data, on May 6, 2009, EPA proposed numerical emissions limits for mercury, total hydrocarbons, and hydrochloric acid for both new and existing cement kilns In addition, we significantly lowered the cement kiln new and existing source particulate matter standards In addition this action will address New Source Performance Standards (NSPS) criteria pollutants from new stationary sources. The Portland Cement NSPS were originally promulgated in 1971, and last reviewed in 1988. Section 111 of the Clean Air Act requires that NSPS be reviewed every 8 years, and revised as appropriate, so the review is overdue. Amendments to the NSPS were proposed on June 16 2008, under a different rulemaking (2060-A042). EPA has combined the NSPS amendments and the rulemaking on air toxics into one action. 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: Yes  Unfunded Mandates: State, local, or tribal governments; Private Sector 
CFR Citation: 40 CFR 63.1340 to 63.1359   
Legal Authority: 42 USC 7412   
Legal Deadline:
Action Source Description Date
Final  Judicial    06/06/2010 
NPRM  Judicial    04/21/2009 
Timetable:
Action Date FR Cite
NPRM  05/06/2009  74 FR 21135   
Notice of Public Hearings and Extension of Public Comment Period  06/09/2009  74 FR 27265   
NPRM Comment Period End  07/06/2009    
NPRM Comment Period Extended To  09/04/2009    
Final Action  09/09/2010  75 FR 54970   
Final Action Effective  11/08/2010    
Additional Information: SAN No. 4585.1; EPA publication information: NPRM - http://edocket.access.gpo.gov/2009/pdf/E9-10206.pdf; Split from RIN 2060-AJ78; EPA Docket information: EPA-HQ-OAR-2002-0051.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local, State, Tribal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Jennifer Caparoso
Environmental Protection Agency
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

Nick Hutson
Environmental Protection Agency
Air and Radiation
109 T.W. Alexander Drive, Mail Code D243-01,
Research Triangle Park, NC 27711
Phone:919 541-2968
Fax:919 541-4991
Email: hutson.nick@epa.gov