US: The US Environmental Protection Agency (EPA) appears poised to soften particulate matter (PM) limits in its pending revised air toxics rule for cement plants, while separately pursuing an extended compliance deadline for the rule. Both moves would represent major concessions to industry groups that sought a weaker rule but have the potential to rile environmentalists who say such changes would be unlawful.

According to an industry source, EPA will propose to soften the rule's PM limits on smokestacks for existing cement plants. New data submitted to EPA by the industry shows that the limit of 0.02kg/t of clinker set by the final rule prior to reconsideration is not realistically attainable. Instead, the EPA will probably revert to a higher number, closer to the 0.043kg/t that it offered in its original proposal.

Environmentalists oppose softening the air toxics rule and recently warned the agency in written comments that, "any changes diminishing or replacing the existing standards would be flatly unlawful." The likely changes to the rule follow a series of 11th-hour meetings that industry officials and others have held with EPA and White House Office of Management & Budget (OMB) staff seeking to shape the proposal.

The Portland Cement Association previously presented a paper to the EPA arguing for an increase in the emissions limit for PM. "The current PM limit of 0.02kg/t of clinker is very stringent," reported the paper. "Very few facilities can comply with the clinker limit without major investments in new and upgraded PM controls."