US: 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.