Ellis county TXI

Issues and Concerns Associated With Forthcoming TNRCC NOx Reduction Rulemaking

September, 1999

Issues memo

Above is a scanned copy of the issues memo obtained through an open records request. The memo is dated the same day in September of 1999, that a second behind closed doors meeting between TNRCC Commissioner Marquez, other TNRCC officials, and cement industry representatives was held.

Here are original scanned images of the issues memo from September 1999.

Page 1, Page 2

Page 1 is 28Kb and page 2 is 10Kb.

The text of the issues memo is detailed below.



Issues and Concerns Associated
With Forthcoming TNRCC NOx Reduction Rulemaking

1 Assurance is needed that the TNRCC will look at this reduction endeavor on a comprehensive basis and not return for further reductions if current projections prove to be based in error.
2 Assurance is needed the TNRCC will not require further reductions even if areas that are not currently "non-attainment" are considered to be so after the NOx reduction rules are promulgated.
3 The rules must be written so that permits will not reopened with associated public hearings in order to accommodate changes that will result in NOx reductions.
4 Nox decreases may correspond with increases of other pollutants which may result in federal permitting.
5 Emissions trading and/or banking must be allowed for facilities that may be shut down or significantly modified.
6 Reductions may be based upon an emission rate expressed in pounds per ton of clinker produced or on an annual total NOx emission reduction percentage across the board, which ever is best demonstrated on a site specific or facility-by-facility basis.
7 Facilities will be given 24 months to demonstrate reductions after the effective date of the rule.
8 If the anticipated rate of reduction is demonstrated to be unachievable following the installation of an acceptable NOx control method then an alternatively demonstrated emission rate will become the controlled standard for the affected facility.
9 A cost-benefit analysis will be required and applied on a facility-by-facility basis, and the cost of control may not exceed $5,000 per ton of NOx reduced on an annual basis.
10 NOx emissions resulting from startup, shutdown, maintenance or upset will not be included in calculation of the controlled emission rate for reduction demonstrations.
11 If secondary combustion methods are used for NOx reduction (such as tire burning in mid-kiln or in the preheat tower), the TNRCC should streamline and expedite any permitting requirements for fuel changes or equipment modifications. Additionally, the TNRCC should encourage the adoption of a capital cost reimbursement program and/or other economic benefits by the State to encourage the use of tires.
12 NOx reduction changes will be handled via a permit by rule that allows immediate installation of equipment deemed necessary to aid in NOx reductions.
13 TNRCC will be required to share the NOx modeling exercise, with all assumptions, so that meaningful reduction calculations can be developed to reduce the possibility of indeterminate reduction targets.
14 OTAG-type levels of NOx reduction will be verified and will become "bright-line" standards at which no further reductions will be required. Verification will be determined through testing using CEMs over an agreed upon time period with TNRCC approved testing protocol.
15 NOx reductions shall only be accomplished such that other pollutants remain unaffected within permitted allowable limits.
16 TNRCC must agree that production curtailments will not be required for emission reductions.
17 Assurances must be made by TNRCC that the cement industry will be given the flexibility to creatively deal with obtaining NOx reductions. These assurances will include, but not necessarily be limited to ozone season limitations that are not in force at other times of the year, (i.e. May 1st through September 30th).
18 Assurances that there will be a "NOx Reductions from Cement Plants" rule development task force set up and that the cement industry will be highly involved in the rule development.
19 Expenditures to gain NOx reduction will be met with a dollar per dollar reduction, or a ton per ton reduction from the bottom line of the emissions fees that are currently a requirement for each plant. For the purposes of the definition of "bottom line", this means the overall emission fee, and not the capped 4000 ton rate allowed by the fees rule.
20 The rule should require the TNRCC to place more monitors around the area of a county being considered for non-attainment.
21 The rules developed shall require participation by ALL cement plants in Texas without regard to location in the State.
22 The rules must be broad enough to cover each plant and the influences of each plant's raw materials and fuels. The rules must allow the flexibility to apply the best technology on a site specific and/or facility specific basis.
23 The rule must allow for changing baselines based upon CEM data for plants that install CEMs, and for plants who do not elect to install CEMs, the baseline may change upon testing events using CEMs.

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