  Permit applications for the proposed

modernization of the facility are subject to the

Uniform Procedures Act (UPA, 6 NYCRR Part
621)
  The proposed modernization of the facility is
subject to environmental review under the
State Environmental Quality Review Act
(SEQRA, 6 NYCRR Part 617)
  UPA governs the administration of applications for
DEC permits. The purpose of UPA is to:
  Ensure a fair and timely review
  Eliminate inconsistent procedures
  Encourage public participation
  UPA provides time frames and procedures for:
  Filing and reviewing applications
  Providing public notice for applications and draft permits
  Holding public hearings
  Reaching final decisions
  SEQRA requires all state and local government
agencies to consider environmental impacts
equally with social and economic factors
during discretionary decision-making
  SEQRA outlines the process by which the
public may:
  Participate in scoping the draft EIS
  Review SEQR documents (EAF, Scoping, DEIS,
supplemental and final EIS)
  Participate in SEQR hearings on the environmental
impacts of the project
  July 2008
  The NYS DEC received initial correspondence and
an Environmental Assessment Form (EAF)
describing the proposed project and outlining the
potential impacts
  August 2008
  The NYS DEC coordinated with involved agencies
and informed interested parties
  DEC designated as Lead Agency
  DEC issued a Positive Declaration
  The action may have significant impact on the
environment, and an EIS must be prepared
  September 2008
  Draft Scope submitted by Lafarge
  October 2008
  Public Notice of Draft Scope
  Public Scoping meeting held
  February 2009
  Final Scope accepted. Final Scope serves as the
blueprint for the Environmental Impact Statement
  Land Use, Resources   Traffic and
Zoning and   Visual Safety
Public Policy Resources   Air Quality
  Socioeconomic   Natural   Climate
Conditions Resources Change
  Environmental   Hazardous   Noise
Justice Materials   Construction
  Community   Water Quality Impacts
Services   Coastal Zone   Public Health
  Open Space,   Infrastructure
Recreation and
Parks   Energy
  Cultural   Solid Waste
  Air Quality
  Mercury
  Greenhouse Gases/Climate Change
  Particulates, i.e. dust
  Visual Resources
  Noise
  Natural Resources, i.e. bird strikes
  August 2010
  SPDES Permit Application completed
  October 2010
  Air Permit Application completed
  November 2010
  Draft Environmental Impact Statement completed
  November 24, 2010
  Notice of Complete Application, DEIS, Public
Information Meeting, Legislative Public Hearing
  The Combined Notice initiates the public
comment period which is extended for 90 days
until February 22, 2011
  A Legislative Public Hearing is scheduled for
January 20, 2011
  The FEIS must be prepared by the DEC
including:
  Summary of comments and their source
  Response to comments
  Revisions and supplements to DEIS
  After consideration of the FEIS, DEC will
prepare a Findings Statement. A Findings
statement considers all the relevant
environmental impacts presented in the EIS.
  The Findings Statement will determine project
approvability
  DEC will make a final decision on the permit
applications.
  Issuance
  Denial
  Issuance with special conditions
  Final permit decision is required within 60
days of the completed hearing record
  July 2008 Environmental Assessment Form
  July 2008 Lead Agency Coordination
  August 2008 Lead Agency Established
  August 2008 Positive Declaration issued
  October 2008 Draft Scope
  October 2008 Public Scoping Meeting
  February 2009 Final Scope accepted
  April 2009 Initial Air Permit application
  September 2009 Initial Draft EIS
  March 2010 Initial SPDES Permit application
  August 2010 Air Permit application completed
  October 2010 SPDES Permit application completed
  November 2010 Draft EIS completed
  November 24, 2010 Combined Public Notice for DEIS,
Draft Permits, Public
Information Meeting and
Legislative Hearing
- Air permit renewal was issued
September 13, 2010
- Draft permit includes many conditions
carried over from the renewal, but not all
- New conditions will be numbered 12-##
September 9, 2010
  Environmental Protection Agency adopts
revisions to New Source Performance Standards
(NSPS) and National Emission Standards for
Hazardous Air Pollutants (NESHAP)
  NSPS Subpart F applies to the proposed Lafarge
kiln
  NESHAP Subpart LLL applies to the existing
sources and the new sources at Lafarge
New Source Performance
Standards
  40 CFR 60.62(a) new kiln standards
  Particulates - 0.01 pounds per ton of clinker
  Nitrogen oxides - 1.50 pounds per ton of clinker
  Sulfur dioxide - 0.4 pounds per ton of clinker
  30 day rolling averages
  Continuous Emissions Monitoring
National Emission Standards
for Hazardous Air Pollutants
 40 CFR 63.1343(b)(1) Table 1
 Existing and New Kilns - Particulates,
Dioxin, Mercury, Total HydroCarbon,
HydroCloric Acid
 Existing and New Clinker Coolers –
Particulates
 Existing and New Raw and Finish Mills –
10 % Opacity
Startup and Shutdown
  Sierra Club Lawsuit decision vacated old
NESHAP provisions that exempted sources from
limits during startup and shutdown
  EPA adopted separate NESHAP limits for kilns
during startup and shutdown in Table 1
  Portland Cement Association has challenged
these limits because they were not in the
proposal
Kiln Particulates
 Existing Kilns - Electrostatic
Precipitators
 New Kiln - Fabric Filter and Scrubber
 Filterable Emissions reduced from 195
tons in 2006 to 28 tons per year
 Condensable Emissions reduced by
75%
Kiln Sulfur Dioxide
 Existing Kilns – No Control
Equipment
 New Kiln – Scrubber
 Emissions reduced from 11,635
tons in 2006 to 562 tons per year
(NSPS)
Kiln Nitrogen Oxides
 Existing Kilns – No Control
Equipment
 New Kiln – Selective Non-Catalytic
Reduction (SNCR) system
 Emissions reduced from 5058 tons in
2006 to 2107 tons per year (NSPS)
Kiln Mercury
  Emissions in 2006 – 398 pounds
  Existing permit limit – 176 pounds per year
  NESHAP limit for existing kilns – 55 pounds per
million tons of clinker starting September 2013 =
95 pounds per year
  NESHAP limit for new kilns – 21 pounds per
million tons of clinker = 60 pounds per year
Kiln Carbon Monoxide
  No standards for existing or new kiln emissions
in DEC Subpart 220-1 or either EPA regulation
  Large increase in emissions from new kiln
triggers Prevention of Significant Deterioration
(PSD) review under Subpart 231-8
  Best Available Control Technology (BACT)
assessment required – Tab F of air application
  Ambient Air Quality Analysis required – Tab G of
air application
Kiln Chlorinated Emissions
 Dioxin standards in NESHAP remained
unchanged, so periodic stack testing
continues and continuous kiln temperature
limits based on testing continue
 EPA adopted a 3 part per million
HydroCloric acid emission limit in the
NESHAP regulation for existing and new
kilns, applies to existing kilns on 9/9/13
Kiln Hydrocarbons
 Lafarge requested a limit on Volatile
Organic Compounds, which will avoid
applicability of Part 231
 The NESHAP adopted limits on Total
HydroCarbons and Total Organic
Hazardous Air Pollutants for existing and
new kilns, and Lafarge can choose to
comply with either standard
Kiln Carbon Dioxide
  EPA PSD regulations require all new sources with
large Carbon Dioxide emissions which are permitted
after January 1, 2011 to perform a Best Available
Control Technology (BACT) assessment
  EPA developed a series of CO2 BACT White Papers,
one is for Portland Cement www.epa.gov/nsr/
ghgdocs/cement.pdf
  Lafarge will install energy efficient equipment,
including the new kiln, raw and finish mills, motors,
and fans consistent with the White Paper
Other Particulate Sources
  Existing emission points built before 7/1/73 - 0.15
grains/dry standard cubic foot of exhaust (gr/dscf)
  Existing emission points built after 7/1/73 - 0.05 gr/
dscf (Part 212)
  Lafarge requested new 0.01 gr/dscf emission limits
to reduce emissions on existing sources that will
remain in service
  Lafarge requested 0.008 gr/dscf emission limits on
other new sources