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Cement Industry Challenges Monitoring Specifications
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Cement Industry Challenges Monitoring Specifications


In an October 5 statement of issues, the Portland Cement Association cited several legal issues that it intends to raise in litigation over EPA’s performance specification (PS) 18, which established requirements for assessing instrument accuracy and stability in continuous emissions monitoring systems that are used to monitor hydrogen chloride emissions at cement kilns and power plants.  They claim that PS 18 for hydrogen chloride monitoring at cement kilns contains numerous errors and unnecessary requirements that will be difficult to meet.  EPA issued the specification rule (80 FR 38628) in June and published it in July. 


The Portland Cement Association, which represents Lafarge North America Inc., the Monarch Cement Co. and others, filed a September 4 petition that requested the U.S. Court of Appeals for the District of Columbia Circuit to review the rule.  The association identified the following four legal questions as issues that it may raise in the litigation:


• whether the EPA acted unlawfully by excluding the effluent measurement path from integrated path monitoring system checks;


• whether the performance specification rule is arbitrary and capricious because it contains numerous errors in calculation and incorrect definitions and terms;


• whether the EPA acted unlawfully by adopting a specification rule that includes conflicts with federal hazardous emissions standards covering cement kilns; and


• whether it was arbitrary and capricious for the EPA to adopt unnecessary data substitution requirements that are difficult to apply.


The Utility Air Regulatory Group (UARG), a trade group representing electric utilities, has asked the D.C. Circuit for leave to intervene in the litigation on behalf of the Portland Cement Association.
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