TITLE 326 AIR POLLUTION CONTROL DIVISION
SECOND NOTICE OF COMMENT PERIOD
LSA Document #18-364
PORTLAND CEMENT MONITORING
The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules at
326 IAC 3-5-1, concerning the continuous opacity monitoring requirement for Portland cement plants. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.
SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING
Basic Purpose and Background
Continuous monitoring requirements in
326 IAC 3-5 currently apply to Portland cement plants operating in Indiana. Lehigh Hanson, Inc. and Buzzi Unicem USA requested removal of the continuous opacity monitoring requirement for Portland cement plants based on United States Environmental Protection Agency (U.S. EPA) revisions to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Portland cement plants at 40 CFR 63, Subpart LLL.
Under the current state rule at
326 IAC 3-5, Portland cement plants may choose to use either a continuous opacity monitoring system (COMS) or a continuous emission monitoring system for particulate matter (PM CEMS) to monitor emissions from kilns and clinker coolers. If using a PM CEMS, each source must certify its monitoring equipment in accordance with Performance Specification 11 (PS 11) and Procedure 2 of 40 CFR 60, Appendix F.
In 2013, U.S. EPA revised the NESHAP for Portland cement plants to require a continuous parametric monitoring system (CPMS). Under the federal revisions to the NESHAP, operators of a CPMS are not required to comply with PS 11, and no separate performance specification exists for a CPMS.
IDEM proposes to revise
326 IAC 3-5-1(b)(5) concerning the requirement for Portland cement plant kilns and clinker coolers to monitor opacity. The proposal will allow the use of a CPMS to monitor emissions based on the updated federal rule. Amending the rule language will ensure that state rules are consistent with federal requirements. IDEM is not proposing a change to the language at
326 IAC 5-1, which was also included in the request.
IDEM seeks comment on the affected citations listed, including suggestions for specific language, any other provisions of Title 326 that may be affected by this rulemaking, and alternative ways to achieve the purpose of the rulemaking.
IC 13-14-9-4 Identification of Restrictions and Requirements Not Imposed under Federal Law
No element of the draft rule imposes either a restriction or a requirement on persons to whom the draft rule applies that is not imposed under federal law.
There is a positive fiscal impact for Portland cement plants associated with this rulemaking. It revises the opacity monitoring requirement in
326 IAC 3-5-1(b)(5) to allow for the use of a CPMS to be consistent with federal regulations. This will allow Portland cement plants to operate more efficiently and keep operating costs low by allowing sources to utilize existing equipment to monitor emissions and ensure compliance with emission regulations in 40 CFR 63, Subpart LLL. Updating the rules at
326 IAC 3-5 will not impose any additional costs for the regulated industry or IDEM.
Public Participation and Work Group Information
At this time, no work group is planned for the rulemaking. If you feel that a work group or other informal discussion on the rule is appropriate, please contact Keelyn Walsh, Rules Development Branch, Office of Legal Counsel at (317) 232-8229 or (800) 451-6027 (in Indiana).
SUMMARY/RESPONSE TO COMMENTS FROM THE FIRST COMMENT PERIOD
IDEM requested public comment from August 29, 2018, through September 28, 2018, on alternative ways to achieve the purpose of the rule and suggestions for the development of draft rule language. IDEM received no comments in response to the First Notice of Comment Period.
REQUEST FOR PUBLIC COMMENTS
This notice requests the submission of comments on the draft rule language, including suggestions for specific revisions to language to be contained in the draft rule. Comments may be submitted in one of the following ways:
(1) By mail or common carrier to the following address:
LSA Document #18-364 Portland Cement Monitoring
Keelyn Walsh
Rules Development Branch
Office of Legal Counsel
Indiana Department of Environmental Management
Indiana Government Center North
100 North Senate Avenue
Indianapolis, IN 46204-2251
(2) By facsimile to (317) 233-5970. Please confirm the timely receipt of faxed comments by calling the Rules Development Branch at (317) 232-8922.
(3) By electronic mail to kwalsh@idem.in.gov. To confirm timely delivery of submitted comments, please request a document receipt when sending the electronic mail. PLEASE NOTE: Electronic mail comments will NOT be considered part of the official written comment period unless they are sent to the address indicated in this notice.
(4) Hand delivered to the receptionist on duty at the thirteenth floor reception desk, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana.
Regardless of the delivery method used, to properly identify each comment with the rulemaking action it is intended to address, each comment document must clearly specify the LSA document number of the rulemaking.
All comments must be postmarked, faxed, or time stamped not later than January 4, 2019. Hand-delivered comments must be delivered to the appropriate office by 4:45 p.m. on the above-listed deadline date.
Additional information regarding this action may be obtained from Keelyn Walsh, Rules Development Branch, Office of Legal Counsel, (317) 232-8229 or (800) 451-6027 (in Indiana).
326 IAC 3-5-1 Applicability; continuous monitoring requirements for applicable pollutants
Authority:
IC 13-14-8;
IC 13-17-3-4;
IC 13-17-3-11
Sec. 1. (a) This rule applies to the following sources or emissions units to determine compliance with an emission limitation or standard:
(1) Any emissions unit required to perform continuous monitoring under
326 IAC 12.
(2) Fossil fuel-fired steam generators of greater than one hundred million (100,000,000) British thermal units (Btu) per hour heat input capacity.
(3) Sulfuric acid plants of greater than three hundred (300) tons per day acid production capacity.
(4) Petroleum refinery catalyst regenerators for fluid bed catalytic cracking units of greater than twenty thousand (20,000) barrels or eight hundred forty thousand (840,000) gallons per day fresh feed capacity.
(5) Portland cement plants.
(6) Sources or emissions units that combust sewage sludge.
(7) Sources or emissions units making coke from raw materials, including the following:
(A) Coal refining byproducts.
(B) Petroleum refining byproducts.
(8) Emissions units in Clark and Floyd counties that:
(A) have potential to emit nitrogen oxides (NOx) of greater than or equal to forty (40) tons per year; and
(B) are located at sources that have potential to emit NO
x of greater than or equal to one hundred (100) tons per year as described in
326 IAC 10.
(9) Any emissions unit required to monitor under subsection (c).
(b) Owners and operators of sources or emissions units described in subsection (a) are subject to the following requirements:
(1) Any emissions unit subject to
326 IAC 12 shall must comply with the following:
(A) The monitoring and reporting requirements as specified for the applicable rule.
(B) All requirements of this rule.
(2) The owner or operator of a fossil fuel-fired steam generator of greater than one hundred million (100,000,000) Btu per hour heat input capacity
shall must continuously monitor the following:
(A) Opacity, unless one (1) of the following occurs:
(i) Gaseous fuel is the only fuel combusted.
(ii) Oil or a mix of gas and oil are the only fuels combusted and the emissions unit is able to comply with both of the following rules without using particulate matter collection equipment:
(iii) An alternative monitoring requirement request has been granted by the department and approved by U.S. EPA. The owner or operator may request an alternative monitoring requirement when installation of an opacity monitoring system would not provide accurate determinations of emissions as a result of interference from condensed uncombined water vapor. Any alternative monitoring requirement request
shall must address the following:
(AA) Information pertaining to the inability of the affected emissions unit to find an acceptable monitoring location prior to the source of the condensed, uncombined water vapor.
(BB) A list of proposed alternative monitoring requirements. For each proposed alternative monitoring requirement, the request must provide a detailed description of thresholds or triggers for corrective action resulting from deviation from normal operating parameters and how deviations from key surrogate parameters
shall are to be addressed to ensure continuous compliance with all applicable particulate and opacity requirements. An example of an acceptable alternative monitoring requirement is a particulate compliance demonstration that is performed at least annually, in accordance with
326 IAC 3-6 and a compliance monitoring plan that, at a minimum, satisfies monitoring requirements under
326 IAC 2-7 or
326 IAC 2-8.
(CC) Record keeping that is consistent with section 6 of this rule.
(DD) Reporting frequency that is no less frequent than that required in section 7 of this rule.
(iv) An alternative monitoring requirement request granted by the department under item (iii) shall must be submitted to U.S. EPA as a state implementation plan (SIP) revision and shall is not be in effect until approved as a SIP revision.
(B) Sulfur dioxide (SO
2) under the following conditions:
(i) SO2 pollution control equipment has been installed.
(ii) A monitor is required to determine compliance with either:
(BB) a new construction permit or operating permit required under
326 IAC 2.
(C) Nitrogen oxide (NO
x) under the following conditions:
(i) NOx pollution control equipment has been installed.
(ii) A monitor is required to determine compliance with either:
(BB) a new construction permit or operating permit required under
326 IAC 2.
(D) The percent oxygen (O2) or carbon dioxide (CO2) if measurements of O2 or CO2 in the flue gas are required to convert either SO2 or NOx continuous monitoring data, or both, to units of the emission limitation for the particular emissions unit.
(3) Sulfuric acid plants of greater than three hundred (300) tons per day acid production capacity shall must monitor SO2 for each sulfuric acid producing emissions unit within the source.
(4) Petroleum refinery catalyst regenerators for fluid bed catalytic cracking units of greater than twenty thousand (20,000) barrels or eight hundred forty thousand (840,000) gallons per day fresh feed capacity shall must monitor opacity for each regenerator within the source.
(5) Portland cement plants
shall must monitor opacity at
the following emissions units: kiln and clinker cooler emission units, except if, upon approval by the department, the Portland cement plant installs, continuously operates, and maintains a particulate continuous parametric monitoring system in accordance with 40 CFR 63, Subpart LLL*.
(A) Kilns.
(B) Clinker coolers.
(6) Sources or emissions units that combust sewage sludge
shall must monitor from the effluent gas exiting the incinerator
, the following:
(A) Total hydrocarbons, unless the following conditions are met:
(i) The exit gas from the sewage sludge incinerator stack is monitored continuously for carbon monoxide (CO).
(ii) The monthly average concentration of CO in the exit gas from the sewage sludge incinerator stack, corrected for zero percent (0%) moisture and to seven percent (7%) oxygen, does not exceed one hundred (100) parts per million on a volumetric basis.
(B) Oxygen.
(C) Moisture, unless an alternative method is approved by the department and the U.S. EPA.
(D) Temperature.
(7) Sources or emissions units making coke from coal shall must monitor opacity on the underfire stack associated with each coke oven battery.
(8) Emissions units in Clark and Floyd counties that have potential to emit NO
x greater than or equal to forty (40) tons per year and are located at sources that have potential to emit NO
x greater than or equal to one hundred (100) tons per year
shall must install NO
x continuous emission monitors as described in
326 IAC 10-1.
(c) Upon approval by the department, the owner or operator of an emissions unit required to continuously monitor opacity under this section may be exempted from the requirement to install, certify, and operate a COMS if:
(1) a particulate CEMS for measuring PM emissions is used to demonstrate continuous compliance with any applicable emissions limitation; and
(2) the particulate CEMS is installed, certified, operated, and maintained on the affected source in accordance with the requirements of Performance Specification 11 (PS-11)* and Procedure 2 of 40 CFR 60, Appendix F*.
(d) The department may require, as a condition of a construction or operating permit issued under
326 IAC 2-1.1,
326 IAC 2-2,
326 IAC 2-3,
326 IAC 2-7,
326 IAC 2-8, or
326 IAC 2-9 that the owner or operator of a new or existing source of air emissions monitor emissions to ensure compliance with the following:
(1) An emission limitation or standard established in one (1) of the permits listed in this subsection.
(2) Permit requirements.
(e) Unless explicitly stated otherwise, nothing in this rule:
shall:
(1) excuse excuses the owner or operator of a source or emissions unit from any monitoring, record keeping, or reporting requirement that applies under any provision of the CAA or state statutes or rules; or
(2) restrict restricts the authority of the department to impose additional or more restrictive monitoring, record keeping, testing, or reporting requirements on any owner or operator of a source or emissions unit under any other provision of the CAA, including Section 114(a)(1), or state statutes or rules, as applicable.
(f) All continuous monitoring systems shall must be installed and operational and have the certification testing complete under section 3 of this rule within one hundred eighty (180) days of start-up of the emissions unit.
*These documents are incorporated by reference. Copies of these documents may be obtained from the Government Printing Publishing Office, 732 North Capitol Street NW, Washington, D.C. 20401 www.gpo.gov, or are available for review and copying at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, Thirteenth Floor, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
(Air Pollution Control Division; 326 IAC 3-5-1; filed Jan 30, 1998, 4:00 p.m.: 21 IR 2064; filed Dec 20, 2001, 4:30 p.m.: 25 IR 1596; errata filed Jan 7, 2002, 2:20 p.m.: 25 IR 1644; filed Aug 11, 2011, 1:54 p.m.: 20110907-IR-326050330FRA; filed Dec 16, 2013, 9:16 a.m.: 20140115-IR-326130215FRA)
Posted: 12/05/2018 by Legislative Services Agency
DIN: 20181205-IR-326180364SNA
Composed: Apr 26,2024 12:46:07PM EDT
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