Given the legal scuffles over the Environmental Protection Agency's (EPA) emissions timetable it was nice to see this week how Ash Grove Cement is responding at its Midlothian plant in Texas. The plant is seeking tax breaks on potential upgrade work that it is planning to implement before the current 2013 deadline for the EPA legislation.

For those following the fight between the EPA and the US cement industry here is a recap on the story so far:

The EPA issued a national emission standard for hazardous air pollutants rule to reduce the sector's air toxics in September 2010, alongside a new source performance standard to cut criteria pollutant emissions. In May 2011 the EPA both partly granted and denied petitions from cement industry representatives and environmentalists. In December 2012 the US Court of Appeals for the District of Columbia remanded the cement air toxic rule back to the EPA, delaying the deadline for the cement industry to seek a rehearing or review. Then in April 2012 the cement industry agreed not to seek a rehearing if the EPA extended its deadline until September 2015. The EPA has now sent for the White House Office of Management & Budget (OMB) to review its proposed revisions to its emissions rules, ahead of a tentative 15 June 2012 deadline.

While the EPA and the cement sector continue to battle it out plants like Ash Grove can do little except keep an eye on the bottom line until the dust settles... in whatever legally mandated fashioned is eventually approved. The Global Cement Directory 2012 lists 22 wet and semi-wet kilns in the US. While some are mothballed, others are likely to be affected by the rules. While the arguments continue the upgrade timetables of these plants hangs in the balance.