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Regulatory Development and Retrospective Review Tracker

Portland Cement Manufacturing National Emission Standard for Hazardous Air Pollutants (NESHAP) and New Source Performance Standard (NSPS) - Proposed Amendments as a Result of Reconsideration

a.k.a. NESHAP MACT and NSPS for Portland Cement - Amendments in Response to Reconsideration


RIN: 2060-AQ93 (What's this?)

Docket No.: EPA-HQ-OAR-2002-0051 (What's this?)

Current Phase: Proposal (What's this?)

Abstract:
On September 9, 2010 EPA promulgated final amendments to the Portland cement National Emission Standard for Hazardous Air Pollutants (NESHAP) and New Source Performance Standard (NSPS) rules regulating emissions of air toxics and criteria pollutants. These amendments applied to all cement kilns that do not burn waste materials.

(Cement kilns that burn waste are regulated by separate rules covering hazardous waste combustors and commercial and industrial solid waste incinerators). Subsequent to promulgation of the September 9 rule, we received four petitions for reconsideration, two from environmental groups and two from the Portland cement industry. We issued a notice denying in part and granting in part the petitions for reconsideration on May 17, 2011. We also entered into a settlement agreement with the Portland Cement Association related to proposing a compliance extension for the rule. The proposed amendments were published on July 18, 2012 and would adjust the way cement kilns continuously monitor particulate matter (PM) emissions, would adjust certain emissions limits, would revise monitoring and recordkeeping requirements, and would extend the compliance deadline for existing kilns. The comment period ended August 17, 2012 and under the settlement agreement, the final rule amendments are scheduled for promulgation on December 20, 2012.
Timeline

MilestoneDate
Initiated03/24/2011
NPRM: Sent to OMB for Regulatory Review05/04/2012
NPRM: Received by OMB05/04/2012
NPRM: Regulatory Review Concluded06/22/2012
NPRM: Published in FR07/18/2012
Final Rule: Sent to OMB for Regulatory Review12/05/2012
Final Rule: Received by OMB12/06/2012
Final Rule: Regulatory Review Concluded12/20/2012
Final Rule: Published in FR02/12/2013

Potential Effects

Federal Government - other agencies
Likely to be involved in the implementation of this rule.

Local Governments
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Small Entities

Small governments are:

  • Likely to be involved in the implementation of this rule.

State Governments
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Tribal Governments
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Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

  • NPRM - This stage of the rulemaking underwent review.
  • Final Rule - No Information Available.
Citations & Authorities

Federal Register Citations

Code of Federal Regulations (CFR) Citation
40 CFR 63.1340 to 63.1359;40 CFR 60.60 to 60.66

Legal Authority
42 USC 7412

Disclaimer

This site provides summaries of priority rulemakings and priority retrospective reviews of existing regulations. We update most of the site at the beginning of each month, though some data is updated more frequently if it is time sensitive. The information on this site is not intended to and does not commit EPA to specific conclusions or actions. For example, after further analysis, EPA may decide the effects of a rule would be different or it may decide to terminate a rulemaking.


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