| (a) Except as specified in subsections (c) and (d)
of this section, the owner or operator of each portland cement kiln
placed into service before December 31, 1999, in Bexar, Comal, Ellis,
Hays, and McLennan Counties shall be in compliance with the requirements
of Subchapter E, Division 2 of this chapter (relating to Cement Kilns)
as soon as practicable, but no later than the following dates:
(1) May 1, 2003, for cement kilns in Ellis County;
and
(2) May 1, 2005, for cement kilns in Bexar, Comal,
Hays, and McLennan Counties.
(b) Notwithstanding subsection (a)(1) of this section,
for a cement kiln in Ellis County that the owner or operator has filed
an application for modification of its facility to meet the requirements
of Subchapter E, Division 2 of this chapter on or before May 30, 2003,
the compliance schedule is extended until six months after the issuance
of the permit for operation of a low-NOX burner
and 12 months after issuance of the permit for operation of a secondary
combustion system. Such application(s) must relate only to those modifications
required to comply with Subchapter E, Division 2 of this chapter,
and any issues incident thereto.
(c) The owner or operator of each portland cement kiln
in Ellis County shall comply with the requirements of §117.3123
and §117.3142 of this title (relating to Dallas-Fort Worth Eight-Hour
Ozone Attainment Demonstration Control Requirements; and Emission
Testing and Monitoring for Eight-Hour Attainment Demonstration), and
the applicable requirements of §117.3145 of this title (relating
to Notification, Recordkeeping, and Reporting Requirements) that are
associated with §117.3123 and §117.3142 of this title, as
soon as practicable, but no later than March 1, 2009.
(1) The provisions regarding extension of compliance
schedules in subsection (b) of this section do not apply to this subsection
or the requirements of §117.3123, §117.3142, or the applicable
requirements of §117.3145 of this title.
(2) If a contested case hearing is granted as a direct
result of a permit application necessary to comply with the requirements
of §117.3123 of this title, the compliance date of this subsection
for the site affected by the contested case hearing is extended until
no later than March 1, 2010. The compliance date for the affected
site remains March 1, 2009, if:
(A) a contested case hearing is granted as a result
of a permit application that includes modifications necessary to comply
with §117.3123 of this title, but the contested case hearing
is the result of modifications included in the permit that are unrelated
to compliance with §117.3123 of this title, then the compliance
date for the affected site remains March 1, 2009; or
(B) a contested case hearing is granted at the request
of the owner or operator of the affected portland cement kiln or any
third party affiliated with the owner or operator.
(d) The owner or operator of each portland cement kiln
in Bexar County shall comply with the requirements of §117.3124
of this title (relating to Bexar County Control Requirements for Reasonably
Available Control Technology (RACT)), and the applicable requirements
of §117.3145 of this title (relating to Notification, Recordkeeping,
and Reporting Requirements) as soon as practicable, but no later than
January 1, 2025.
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