WASHINGTON, D.C.--The Portland Cement Association (PCA) today filed a Petition for Reconsideration and Administrative Stay with the U.S. Environmental Protection Agency (EPA) on a number of issues in the final portland cement national emission standard for hazardous air pollutants (NESHAP).

The NESHAP rule, signed by the EPA Administrator in August, was published in the Federal Register as a final rule on September 9, 2010 (75 Fed. Reg. 54970). The rule will require portland cement facilities to limit emissions of mercury, total hydrocarbons, hydrochloric acid and particulate matter. The compliance date for the cement industry is September 9, 2013.

"PCA supports the rising demand for portland cement through environmentally and socially responsible business practices," said Brian McCarthy, PCA CEO and president. "The NESHAP emission limits are very low and will not be achievable by a number of facilities. We are concerned that the rule presents a significant threat to the continued viability of many cement companies, high paying jobs at cement facilities and the local communities."

According to PCA, the final rule included regulations that it and other interested parties were not afforded the opportunity to comment on, including the insertion into the final rule requirements for open clinker piles at cement manufacturing facilities and proposed startup, shutdown and malfunction standards.

In addition to the NESHAP, there are numerous additional regulatory requirements anticipated to affect the industry during the coming years. For example, on June 4, 2010, EPA proposed definition rules for commercial and industrial solid waste incinerator (CISWI). This rule could undermine the statistical foundation of the NESHAP rule by switching classification of cement facilities from NESHAP facilities to CISWI-regulated facilities and obviating every one of the calculations that EPA relied upon to establish the NESHAP standards.

Compliance with current and proposed EPA regulations for the cement industry could add a minimum of $26 per ton to domestic cement production costs by 2020.

"These and other rule flaws validate our request for both reconsideration of the rule and a stay of its implementation," McCarthy said. "If left unchanged, there is potential for additional cement plant closures, job losses and a reduction in U.S. cement production capacity."

PCA also plans to file a companion petition challenging the final NESHAP rule with the D.C. Circuit Court.

About PCA
Based in Skokie, Ill., the Portland Cement Association represents cement companies in the United States and Canada. It conducts market development, engineering, research, education, and public affairs programs. More information on PCA programs is available at www.cement.org.

# # #