Displaying items by tag: EPA
EPA and industry fail to settle waste unit risk policy fight
22 January 2014US: The US Environmental Protection Agency (EPA) and industry groups including cement producers have failed to settle a permit dispute that is testing whether the agency has the authority to require operators of hazardous waste combustion units to conduct risk assessments that can be used to strengthen emissions limits for mercury and other pollutants when renewing the facilities' existing waste and air permits. Negotiations stalled during a meeting in November 2013 between EPA lawyers and cement kiln operators at EPA's Region V offices, according to an 8 January 2014 status report the parties filed with the Environmental Appeals Board (EAB). Litigation will continue on 20 February 2014.
The case began on 8 July 2013 when ESSROC Cement petitioned the EAB to review Region V's decision requiring a site-specific risk assessments (SSRA) at ESSROC's hazardous waste combustor facility in Logansport, Indiana, during the 2012 renewal of the facility's RCRA permit. After the facility conducted the SSRA, Region V imposed a restrictive annual mercury feed rate limit, which ESSROC said, "goes far beyond what is necessary to protect human health and the environment."
The case marks a new test for the risk assessment requirements EPA attached to its 2005 regulations governing hazardous waste combustion facilities that emit air pollutants, including cement kilns. The 2005 regulations set strict new maximum achievable control technology (MACT) standards under the Clean Air Act (CAA) for the combustion facilities that burn the hazardous waste. The rule also integrated the MACT standards with Resource Conservation and Recovery Act (RCRA) requirements so that facilities must comply with the MACT standards to be eligible for RCRA permits.
US: Cemtrex has announced that it is experiencing an increased level of inquiries relating to its emission monitors from cement companies. Although the technology company has not reported how much its enquiries have risen by, it stands to benefit from the US Environmental Protection Agency's (EPA) amendments to the National Emission Standards for Hazardous Air Pollutants for the Cement Manufacturing Industry that have a compliance deadline date of 9 September 2015.
In a press release Cemtrex detailed monitoring instruments that it sells to measure mercury, hydrogen chloride, particulate matter and total hydrocarbons (THC) that are discharged from cement kiln stacks. Cemtrex estimates that each system will cost approximately US$0.50m and there are about 156 kilns that will be affected by this EPA MACT Rule in the US.
ESSROC and EPA waste unit dispute deferred until February 2014
12 November 2013US: Lawyers for the Environmental Protection Agency (EPA) and ESSROC are in talks to settle a legal dispute pending before the Environmental Appeals Board (EAB). The EAB had scheduled the case for 7 November 2013 but on 6 November 2013 EAB Judge Leslye Fraser stayed the case until 20 February 2014 to allow time for settlement talks. The order requires ESSROC and EPA's Region V to report to the EAB on the status of negotiations by 9 January 2014.
The case began 8 July 2013 when the ESSROC Cement Corporation petitioned the EAB to review Region V's decision requiring an SSRA at ESSROC's hazardous waste combustor facility in Logansport, IN, during the 2012 renewal of the facility's Resource Conservation and Recovery Act (RCRA) permit. In a 25 September 2013 order, the EAB granted oral argument in the case, and asked that during the proceedings the two sides revisit arguments from industry's past challenge to a 2005 EPA rule setting maximum achievable control technology (MACT) standards under the Clean Air Act for the combustion facilities.
Holcim agrees to pay fine at Hagerstown
17 July 2013US: Holcim (US), the current owner-operator of the Hagerstown cement plant in Hagerstown, Maryland and St. Lawrence Cement, which previously owned the same facility, have agreed to pay a US$700,000 fine and improve emission controls at the facility to settle alleged air pollution violations, according to the US Environmental Protection Agency (EPA). The action against the Hagerstown plant is part of an on-going nationwide EPA effort to tighten pollution controls in the cement industry.
The proposed federal court consent decree requires Holcim to install 'advanced pollution controls' at the plant, Holcim also pledged to spend at least US$150,000 to replace outdated environmental protection equipment.
"It has been a long standing issue and now the company feels that it really is in its best interest to find a resolution," said Holcim spokeswoman Robin DeCarlo.
The Department of Justice filed suit on behalf of EPA in 2011 accusing Holcim and the plant's prior owner, St. Lawrence Cement, of violating the federal Clean Air Act from 2003 to 2007 by modifying the facility's cement kiln in a way that produced 'significant' increased emissions of SO2.
EPA fines Ash Grove US$2.5m
21 June 2013US: The Environmental Protection Agency (EPA) has fined Ash Grove Cement US$2.5m and is forcing the American cement producer to invest US$30m in pollution controls at its plants in nine US states that are alleged to have violated the Clean Air Act.
The EPA and the US Department of Justice announced the penalty jointly on 19 June 2013. The EPA said that the action would reduce thousands of tonnes of harmful pollutants at plants in Arkansas, Idaho, Kansas, Montana, Nebraska, Oregon, Utah, Washington and Texas. In addition Ash Grove Cement will spend US$750,000 towards mitigating the effects of past excess emissions.
Ash Grove acknowledged the agreement in a statement and said that it is striving to comply with environmental regulations at all its facilities. It disputes that it violated the Clean Air Act, saying it opted to enter this agreement with federal regulators rather than face rising costs in time and financial resources that would have accompanied further discussions with the EPA.
"The agreement with the EPA will allow Ash Grove to move forward and provide an environmentally sustainable product that is the foundation of our economy," said Charles T Sunderland, the company's chairman and chief executive officer.
The EPA said that its agreement with Ash Grove Cement, lodged on 19 June 2013 in the US District Court for the District of Kansas, is the first settlement with a cement producer that also requires injunctive relief and emission limits for particulate matter, a combination of combustion gasses and fine dust. There is a 30-day public comment period before final court approval.
The US$2.5m penalty will be distributed to eight states and one agency that took part in the agreement: Arkansas, Idaho, Kansas, Montana, Nebraska, Oregon, Utah, Washington and the Puget Sound Clean Air Agency. Ash Grove will also spend US$750,000 on a project to replace old diesel truck engines at its facilities in Kansas, Arkansas, and Texas, estimated to reduce smog-forming nitrogen oxides by approximately 27t/yr.
It's been an expensive week for the US cement industry in terms of environmental infringements. First, the Environmental Protection Agency (EPA) announced that Cemex has agreed to pay a US$1m fine for nitrogen oxide (NOx) emissions at its Lyons cement plant in Colorado. Then Lehigh's Glen Falls plant was fined US$50,000 by the state of New York for polluting the Hudson River.
With new NESHAP and MACT environmental regulations from the EPA in place for 2013, one thought that occurs is how long it will take for the new standards to sink in. For example, the lead-time for both of the cases we have reported upon this week was several years at least. The complaint against Cemex referred to a period from 1997 to 2000, when the plant was operated by Southdown. Lehigh's fine arose from an inspection carried out in April 2010.
The EPA hopes that its latest changes will cut US cement industry emissions of mercury by 93%, hydrochloric acid by 96%, particulate matter by 91% and total hydrocarbons by 82%. After years of haggling between the Portland Cement Association and the EPA, even the latest round of regulations received a reprieve until September 2015, with the option to ask for a year's extension. So, if the lead times from the Cemex and Lehigh fines are indicative, contravening cement plants might not be facing fines relating to the current NESHAP or MACT regulations until around 2023 - 2026. Of course by this time, the regulations governing emissions will probably have changed again.
Given the shifting backdrop of US environmental regulations, many of the pertinent environmental presentations at last week's IEEE-IAS/PCA Cement Conference in Orlando, Florida, were of great help to US cement producers. Among these were two presentations by John Kline, who firstly gave an overview on the hot-topic of mercury emissions from cement kilns. He singled out the difficulties in comparing cement kilns to power plants in terms of mercury as cement plants are far more complicated, with more input materials. Kline also delivered a second presentation comparing selective catalytic reduction (SCR) for removal of NOx to selective non-catalytic reduction (SNCR) in cement plants. Those at the conference who attended Carrie Yonley's presentations were given a helpful and concise review of the often-conflicting regulations for cement plants, which she bravely attempted to give in just 16 minutes.
Despite the challenges of adhering to new environmental regulations, the mood at the 55th IEEE-IAS/PCA Cement Conference was one of general optimism for the future of the US cement industry. A full review of the conference can be found here.
Cemex agrees to pay US$1m fine for Lyons cement plant
22 April 2013US: Cemex has agreed to pay a US$1m fine and to install controls to decrease its emissions of nitrogen oxide (NOx) at its Lyons cement plant in Colorado to resolve alleged violations of the Clean Air Act (CAA). The Environmental Protection Agency (EPA) had accused Cemex of illegally modifying its Lyons plant in a way that increased the amount of NOx the facility released.
"Today's settlement will reduce harmful emissions of nitrogen oxides, which can have serious impacts on respiratory health for communities along Colorado's Front Range," said Cynthia Giles, assistant administrator for EPA's Office of Enforcement and Compliance Assurance. She added that this could improve visibility at the nearby Rocky Mountain National Park.
The US Department of Justice, on behalf of the EPA, filed a complaint against Cemex alleging that between 1997 and 2000 the company unlawfully made modifications at its Lyons plant that resulted in significant net increases of NOx and particulate matter (PM) emissions. The complaint further alleges that these increased emissions violated the CAA's Prevention of Significant Deterioration and Non-Attainment New Source Review requirements, which state that companies must obtain the necessary permits prior to making modifications at a facility and install and operate required pollution control equipment if modifications will result in increases of certain pollutants.
As part of the settlement, Cemex will install 'Selective Non-Catalytic Reduction' (SNCR) technology at its Lyons facility, which is an advanced pollution control technology designed to reduce NOx emissions. This will reduce its NOx emissions by approximately 870 to 1200t/yr. The initial capital cost for installing SNCR technology is approximately US$600,000 and the cost of injecting ammonia into the stack emissions stream, a necessary part of the process, is anticipated to be about US$1.5m/yr.
EPA issues revised cement plant emissions rule
14 February 2013US: The US Environmental Protection Agency (EPA) has issued a rule called 'National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants.'
The rule, published in the Federal Register on 12 February 2013 by Lisa P Jackson, US EPA Administrator, states, "On 18 July 2012 the EPA proposed amendments to the National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and the Standards of Performance for Portland Cement Plants. This final action amends the national emission standards for hazardous air pollutants for the Portland cement industry."
"The EPA is also promulgating amendments with respect to issues on which it granted reconsideration on 17 May 2011. In addition, the EPA is amending the new source performance standard for particulate matter. These amendments promote flexibility, reduce costs, ease compliance and preserve health benefits."
"The amendments also address the remand of the national emission standards for hazardous air pollutants for the Portland cement industry by the United States Court of Appeals for the District of Columbia Circuit on 9 December 2011. Finally, the EPA is setting the date for compliance with the existing source national emission standards for hazardous air pollutants to be 9 September 2015."
Environmentalists could sue over EPA cement standards
07 January 2013US: Washington-based news agency InsideEPA has reported that environmentalists may be preparing to sue the US Environmental Protection Agency (EPA) over its revised emissions limits for the cement sector because the rules largely adopt weaker limits and extended compliance deadlines that had been sought by the industry. The agency says that critics warn that the ruling will create more toxic air emissions and criteria pollutant emissions that pose significant risks to public health.
"By the EPA's own numbers, that delay will cause between 1920 and 5000 Americans to die prematurely from exposure to cement plants' soot pollution. The rules will also allow cement plants to pump an additional 15,000kg of mercury into the environment," said one environmentalist quoted by Inside EPA, citing the EPA's data.
The EPA had faced a 20 December 2012 consent decree deadline to issue the rules, which revise its national emission standards for hazardous air pollutants (NESHAP) air toxics limits and new source performance standards (NSPS) criteria pollutant controls for the sector. The rules address a cement sector push for reconsideration of the NESHAP and NSPS as set in 2010, in addition to a federal appeals court ruling partly remanding the 2010 rulemaking to EPA.
In June 2012 the EPA proposed to revise the rules by weakening the particulate matter (PM) limit for new and existing kilns. It also proposed to extend the compliance deadline for the air toxics standards from 2013 to 9 September 2015. Both measures were sought by the cement sector, which argued that the 2010 rules were too stringent.
Environmental groups, including Earthjustice and the Natural Resources Defense Council, filed comments criticising the proposal as unlawfully weak under the Clean Air Act, and opposing the changes.
It now looks likely that the revised cement rules will prompt a lawsuit from these and other environmental groups given their warnings in written comments that the proposed version was unlawful under the Clean Air Act.
In contrast, the Portland Cement Association (PCA) President Greg Scott has welcomed the rules, saying that they, "Will provide PCA members and the cement industry the additional time needed for compliance with the revised standards. Such time is essential to properly complete the planning, engineering, permitting, testing and construction of the various new technologies that will be necessary to implement the revised standards."
He added that the rules, while now achievable, were still 'extremely challenging.' mitigating fears that the industry could sue over their implementation.
Has MACT been sent for review?
12 December 2012US: The US Environmental Protection Agency (EPA) has sent final revisions to its Portland cement sector air toxics and criteria pollutant emissions rulemaking for White House Office of Management and Budget (OMB) pre-publication review, according to industry sources. This could indicate that the agency might meet a looming 20 December 2012 consent decree deadline for issuing the proposal.
Industry sources say that the rule, which will revise EPA's 2010 maximum achievable control technology (MACT) standards for air toxics emissions and a related new source performance standard to cut criteria pollutants, was received at OMB either on 4 or 5 December 2012, although an EPA spokeswoman declined to say whether the rule has been sent for OMB review. She only said that the agency was, "Working on the rule and (plans) to finalise by 20 December 2012."
The 20 December 2012 deadline stems from a settlement with the Portland Cement Association (PCA) and others in the industry to propose a revision to the rules, a response in part to industry petitions for reconsideration. Cement manufacturers claimed that the 2010 rules' particulate matter (PM) limits were not achievable, among other concerns.
In addition to addressing the reconsideration petitions and other aspects of the settlement, the rule will also respond to the US Court of Appeals for the District of Columbia Circuit's December 2011 ruling in PCA v EPA remanding the rule to the agency. The court found that EPA had failed to reconsider how a related incinerator air rule may potentially alter the cement rule's emission limits and that the agency failed to give 'sufficient notice' of its final standards for open clinker storage piles.
In the 22 June 2012 proposed revisions to the rule, the EPA proposed to weaken the particulate matter (PM) limit for existing kilns from 18.14g/t (0.04lb/t) of clinker to 31.75g/t (0.07lb/t) of clinker and the limit for new kilns from 4.5g/t (0.01lb/t) of clinker to 9.0g/t (0.02lb/t) of clinker. The EPA also proposed to extend the MACT's compliance deadline to 9 September 2015, saying, "We believe that this date would require compliance 'as expeditiously as practicable'" as required by the Clean Air Act.
Several environmental groups have argued that the revisions are unlawful, both exceeding the changes required by the DC Circuit's narrow ruling and watering down the cement standards for 'unknown reasons.' In comments made on 17 August 2012 regarding the proposed reconsideration the Natural Resources Defense Council, Earthjustice and other environmental groups said that the compliance delay is arbitrary and capricious given that EPA failed to adequately justify it. They added that the delay, "Will greatly exacerbate the harm that EPA already has caused and the suffering that ordinary Americans have had to endure," given that the EPA was supposed to update the cement MACT in 1997.
Update: The White House Office of Management and Budget (OMB) website shows that the OMB received the revised EPA MACT standards on 6 December 2012.