The EPA, in a Federal Register notice from Tuesday, Jan. 18, 2011, is clarifying the compliance date for its final National Emissions Standards for Hazardous Air Pollutants (NESHAP) for the Portland cement manufacturing industry. The final rules are changed only slightly from those published on Sept. 9, 2010, with certain regulatory text amended to clarify compliance dates and note that the previously issued emission limits that were changed in action remain in effect until sources are required to comply with the revised limits.

The direct final rule, encompassing only these cosmetic changes, is effective on March 21, 2011, without further notice, unless the EPA receives significant adverse written comment by Feb. 17, 2011, or if a public hearing is requested by Feb. 2.

In Sec. 63.1351(b) the agency established a compliance date for existing sources of three years from publication of the final rule in the Federal Register for the particulate matter (PM), total hydrocarbons (THC), hydrochloric acid (HCl), and mercury emissions limits. However, the EPA also made other changes to rule requirements, which included regulating open clinker piles and changing the requirements for opacity measurements. Because the rule text did not include specific compliance dates for these other requirements, there was uncertainty as to the compliance dates as applied to existing sources. The agency gives the example of whether there is an unstated (and unintended) implication that compliance dates for standards and other changes not enumerated explicitly are different from three years after promulgation.

The agency clarified that it does indeed intend that the same compliance date apply for all changes to rule requirements for existing sources.

SOURCE: Federal Register