Cement Kilns

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How the Environmental Protection Agency has failed to control mercury pollution from cement kilns

Earthjustice Environmental Integrity Project

July 2008

Cementing a Toxic Legacy?

How the Environmental Protection Agency has failed to control mercury pollution from cement kilns

Earthjustice Environmental Integrity Project

july 2008 Earthjustice Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. We bring about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations, coalitions and communities. We’ve provided legal representation at no cost to more than 700 clients. For more information, visit www.earthjustice.org.

Environmental Integrity Project (EIP) The Environmental Integrity Project is a nonpartisan, nonprofit organization dedicated to more effective enforcement of anti-pollution laws. EIP’s research and reports shed light on how environmental laws affect public health. EIP works closely with communities seeking to enforce these laws. For more information, visit www.environmentalintegrity.org.

photo credits page 1: Becky Borhnorst, Downwinders at Risk page 4: Samantha Bornhorst, Downwinders at Risk page 8: Earthjustice page 10: Samantha Bornhorst, Downwinders at Risk page 15: Anacostia Watershed Society page 17: Becky Borhnorst, Downwinders at Risk

For more information, please visit www.earthjustice.org/cement Questions and comments can be directed to Jared Saylor at the Washington, DC, office of Earthjustice Earthjustice 1625 Massachusetts Ave. NW, Suite 702 Washington, DC 20036 Phone (202) 667-4500 • Fax (202) 667-2356 Contents

1 Overview 2 Key Findings 3 Recommendations and Opportunities

4 The Mercury Data 5 Findings 9 Data Sources

10 Ignored: Mercury Pollution from Cement Kilns 10 Where Do the Mercury Emissions Come from? 12 Fly Ash

13 Why Mercury Emissions Matter

17 EPA’s Failure to Regulate Mercury Pollution 17 An Overview of the Federal Regulations 18 Years of EPA Delay

20 Recommendations and Opportunities

21 Notes

24 Appendix A. Kiln Data Analysis

29 Apendix B. Kiln Data Analysis Methodology

31 Appendix C. Normalized Mercury Emissions for Existing and New Cement Kilns

tables 5 Table 1. 10 Highest Self-Reported Mercury Polluting Cement Kilns 6 Table 2. Mercury Accounting Gaps 7 Table 3. Major Kilns Ignored by EPA 14 Table 4. Where Cement is Made

figures 10 Figure 1. Concrete Composition 11 Figure 2. Mercury Emissions from Cement Production 13 Figure 3. Bioaccumulation of Mercury 20 Figure 4: Timeline of Earthjustice Activity

Cementing a Toxic Legacy? - - Industry- 1 Mercury emissions emissions Mercury are cement kilns from almost twice as high has previously as EPA acknowledged, and, kilns in many states, worst among the are polluters. cement kilns

nited States and, each 2 - U often

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Overview ust over 150 J small nodules

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The process ker mercury emissions from cement kilns is not widely known, it is hardly sur prising. operate in the theyyear, “cook” thousands of tons of EPA has, until now, never attempted to to attempted never now, until has, EPA indus this from emissions mercury tally kilns cement that estimates now EPA try. mercury of pounds 23,000 nearly emit Agency’s the than more far year, each pounds. 11,995 of estimate 2006 27,500 as high as be may emissions wide year. per pounds for making clin of cooked rock that areeventually ground into cement relies on fuels and raw materials that are high in mercury content. While the large quantity of - -

ement kilns are poisoning our and food with mer water, air, more cury.than aFor decade,

.S. Environmental Protection U Thanks to EPA’s neglect, the cement cement the neglect, EPA’s to Thanks largely escaped public scrutiny. Having Having scrutiny. public escaped largely wish not did it that 1990s the in decided kilns, cement from mercury control to has previously acknowledged, and, in many states, kilns are among the worst mercury polluters. not have emissions mercury industry’s have also but uncontrolled, gone only is paying a steep price for the agency’s recalcitrance with poisoned fish, pol luted air and and waters, increased risks ourto health and our children’s health. Mercury emissions from cement kilns are almost twice as high as the agency Agency (EPA) has neglectedAgency this (EPA) health threat. Directly defying federal law and has refusedmultiple court EPA orders, setto standards controlto cement kilns’ newmercury data from emissions. Now, itself show that theEPA American public C the Cementing a Toxic Legacy? lease the results of EPA’s of results the lease summary data developmental problems. loss ofIQ,learningdisabilities, and are especiallyatriskfor birthdefects, potent neurotoxin, babiesandchildren unborn children. that exceeded EPA’s ownsafelevels for 16 to 49hadmercury levels intheirblood in 2000thateightpercent ofwomen aged Disease Control andPrevention reported taminated withmercury. TheCenters for their consumptionofcertain fishcon bearing ageare oftenwarned to limit ily through eatingfish. Women ofchild toeat. unsafe lake that in fish the render and lake acre 20- a contaminate can ounces, 0.0024 1/70 wildlife. and fish in concentrates process, bioaccumulation the through and, water and soil in persists it where toearth back air.deposited is it Instead the into released been has it once ment environ exit the otherwise or compose smokestacks. kilns’ the through air our enters mercury that of majority vast the and process, production cement the in vaporized is limestone and coal the in mercury the all Virtually ture. tempera room at evaporates that metal volatile highly a mercury, contain coal the and rock the Both coal. primarily burn kilns cement process, cooking this To fuel Fahrenheit. degrees 2,600 than rock The purposes of this report are toarere report this of purposes The People are exposed to mercury primar de not does element, an Mercury,

th — of a teaspoon of mercury, or or mercury, of teaspoon a of

primarily limestone primarily 3 4 Becausemercury isa

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at more more at J ust ust ------ Key Findings wewait. Still, ago. years seven than more dards EPAordered stancourt those toissue federal A ago. decade a than more kilns EPA cement for standards mercury toset pollutant. toxic this for standards appropriate set EPA upon to tocall and swiftly toact kilns, cement from emissions mercury of under-reporting gross tobe appears toexposelevels,what emission mercury high especially to have appear that kilns specific by posed threats environmental and health the tohighlight public, tothe  

EPA hasestimatedthatcementkilns EPA samplingshows thatlarge A relatively small number of cement cement of number small relatively A operating inAmericaemit22,914 the air. the into mercury of 1,700 pounds emitted plant power mercury-polluting top year, same toThat EPA, according the 2006. in mercury of pounds 2,500 over emitted Durkee, Oregon, in kiln For plants. power example, cement a coal-fired than mercury more or as much as release kilns cement Some country. the in cases, some in and, states their in polluters worstmercury the among are fuels and materials raw extremelydirty use that plants released into theenvironment. controls, mostofthatmercury willbe emission monitoring andemission astonishingly highvolumes. Absent ment kilns, withsomekilnsreporting amounts ofmercury passthrough ce pounds. than EPA’s estimate ofnearly23,000 from thecementindustryare higher kilns, overall mercury emissions only non-hazardous waste burning year. pounds ofmercury into theaireach 6 Becausethisnumberreflects 5 The Clean Air Act Air required Clean The - - Cementing a Toxic Legacy? ------. t pollutants pollutants

To learn more about mercury pollu about mercury more learn To For more than a decade, Earthjustice Earthjustice decade, a than more For al sources, including cement kilns, power power kilns, cement including sources, al our with Along incinerators. and plants, Integrity Environmental the at partners in report this compiled have we Project, strong for need the emphasize to effort an long-stand the satisfy that regulations to mandate federal long-ignored but ing manu cement the from pollution control behalf on Earthjustice, industry. facturing non-profit local and national many of organiza environmental and health public challenges legal of dozens filed has tions, legal numerous won and court federal in pro air clean stronger in resulting claims like groups with coordination In tections. we Project, Integrity Environmental the pol air toxic fighting to committed remain lands and water, air, our making and lution generations. future for cleaner and safer tion and the cement industry, please visit www.earthjustice.org/cemen has been a leader in fighting weak and and weak fighting in leader a been has clean to failed that regulations insufficient air toxic other and mercury up sources mobile and industrial from yield to continues work Our nationwide. pollution mercury up cleaning in results industri biggest nation’s the of some from ------.S. mean U

Rapidly increasing levels of 7 cement production in the pollution control devices. devices. pollution control Systems (CEMS) should be installed to to Systems (CEMS) should be installed emissions at every mercury measure kiln. mercury install cement kilns to quire tinely test cement kiln emissions for tinely test cement kiln emissions for mercury. commitments to propose and adopt a propose commitments to cement kilns. for standard mercury EPA, mercury pollution from cement cement pollution from mercury EPA, add kilns will continue and increase, public health problem a growing ing to in the United States. that the cement industry’s mercury pollution levels will continue riseto if left unregulated. specifically from government, federal the hands of a relatively small num ber of large multinational companies. These companies operate larger cement kilns that produce more ce ment. increased 15 percent, but the total number of cement kilns has shrunk ce from 432 178to in 2006. Today, ment production is concentrated in State regulatory agencies should re regulatory State State regulatory agencies should rou regulatory State Continuous Emissions Monitoring EPA must swiftly follow through on its on its through must swiftly follow EPA Without proper regulation from the from regulation Without proper Since 1974, cement production has

   Recommendations and Opportunities    Cementing a Toxic Legacy? mercury eachyear. 23,000 poundsof States emitalmost kilns intheUnited estimates cement EPA currently erating intheU.S. panies andultimatelyreleased data for and water. harmful mercury emissionsinto ourair ously reported andcontinues to spew that isemittingmore mercury thanprevi standards for cement kilnssometimein use thisinformation to propose mercury of themajorcementkilncompaniesop related to mercury emissions from nine T The MercuryData EPA collecteddata from nine com EPA requested basicinformation to setstandards for cementkilns, en years afterEPA was required 8 EPA claimsthatitwill regulate anindustry that EPA mustactto sociation, itisclear Portland CementAs the data from the Inventory (TRI),and annual Toxics Release self-reporting to EPA’s of EPA’s data, industry 2008. Afterareview the summerorfall of - - - -          sent to thefollowing companies: B. The2007 EPA collection requests were and methodology,pleaseseeAppendix discussion ofthedata sources considered by thekilncompanies. For acomplete the data considered were self-reported confidential businessinformation. Allof it releases into ourairandwaters directly related to the amountofmercury information EPA requested by CEMEX,whichhasclaimedthatthe which ithasdata except thoseowned EPA released data for allthekilnsfor currently operating intheUnitedStates. 51 non-hazardous waste burningkilns

T Lonestar/Buzzi Unicem Lehigh Cementompany LaFarge N Holcim (US)Inc. Essroc Cementorp. Company California Portland Cement CEMEX Ash Grove Cement exas Industries, Inc. orth America,Inc. — information — is Cementing a Toxic Legacy? - - - - 731 823 958 894 907 2,717 1,695 1,497 2,265 1,280

(thousand metric tons of clinker/yr) 11 ork and Michi Production Capacity rove submit G TRI TRI TRI TRI TRI TRI TRI Basis for Estimate rove Cement Plant in Source Test Source Test Source Test G Annual Mercury

rove reported to the EPA’s Tox rove reported to the EPA’s G 172 271 163 184 586 360 208 494 400 3,788 (lbs/yr) Mercury afarge’s own calculations the gan. By Lafarge’s on the Top 10 Polluting Cement Kiln Polluting 10 on the Top five and rank four at rank list twice, Y with its plants in New Durkee, Oregon, has the dubious dis tinction of being the worst mercury polluter of any kind in the country, emitting more mercury into the air than any power plant, steel mill, or hazardous waste In incinerator. 2006 Ash ics Release Inventory that it emitted 2,582 pounds of mercury. Based on information Ash in actualted 2007, to EPA however, emissions may be as much as 3,788 pounds Note athat year. although it emits the greatest amount of mercury (more than double the amount of the next worst polluter), it has the third smallest production capacity of the list.kilns 10 on the Top The Ash up shows America, Inc., North lafarge

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- - based on This number 9 Ragland, Alabama Cupertino, California Location Alpena, Michigan Victorville, California Iowa Mason City, Davenport, California Nazareth, Pennsylvania California Tehachapi, Ravena, New York Durkee, Oregon The numbers pro numbers The 11,995 pounds of 11,995 ork – 2 kilns, Alpena, Michigan—5ork – 2 kilns, California—2 Victorville, kilns, kilns. — 10 Highest Self-Reported Self-Reported Highest 10 10 10 Highest Self-Reported Mercury Mercury Self-Reported Highest 10 National Cement Alabama Company CEMEX Essroc Lafarge CEMEX Lehigh Lehigh Cement Lafarge Facility Owner Facility Hanson Permanente Ash Grove Ravena, New Y New Ravena, Note that at the following locations, data provided in this table cover multiple kilns at one site: cover in this table provided data locations, that at the following Note Some cement kilns release as much as or Some cement kilns release Based on the source test data that EPA EPA that data test source the on Based 1 5 3 7 2 8 4 9 6 10 Mercury Polluting able 1. 10 Highest Self-Reported Rank T to TRI, several of these kilns emit over of these kilns emit over TRI, several to annually. 250 pounds of mercury set described in Appendix A. Appendix in described set plants. power than coal-fired mercury more As shown in Cement Kilns, Polluting Mercury own estimates tests and industry’s source collected and data self-reported by indus by self-reported data and collected emitting mercury worst ten the TRI, to try listed are country the across kilns cement 1: Table in Kilns. Cement Polluting data the on based are chart this in vided is nearly double what the entire cement the entire is nearly double what Release the Toxics to industry reported in 2006 Inventory environment the into released mercury as air emissions. Findings cement estimate, current EPA’s to According 23,000 emit almost United States kilns in the each year. pounds of mercury Cement Kilns Cementing a Toxic Legacy? emissions. control itsmercury devices designedto pollution control scrubbers or in Table 2uses None ofthekilns what is coming into the plant and what what and plant the into coming is what between gaps significant often are there high astonishingly reporting kilns some with kilns, cement through pass mercury of  T

Ash Grove Lafarge Lafarge Lehigh Lehigh Owner Facility

able 2.MercuryAccontingGaps Cement kilnsinCupertino,California, pounds ofmercury peryear. kiln inRavena, New Y EPA sampling shows that large amounts large amounts EPA that shows sampling much higher. emissions atthesefacilities couldbe companies. Itispossiblethatmercury are voluntarily reported bythecement the Toxics Release Inventory, which ed inthisreport camedirectly from Their mercury emissionsdata includ omitted from EPA’s 2007 data requests. and Ragland, Alabama,were wholly

Washington Carolina Alabama Maryland California Location Seattle, South Harleyville, Calera, Union Bridge, Tehachapi, compared to the self-re tothe compared are feedstock) and fuel (i.e., inputs kiln the for content mercury environment. the into released be will mercury that of most controls, emission and monitoring sion amounts. ported When the actual actual the When tons ofclinker/yr) (thousand metric

ork, emits400 numbers to TRI, toTRI, numbers Production Capacity Absent emis Absent 1,996 1,467 978 958 675 combined inlbs/yr) (fuel andfeedstock - - Mercury Content - from Inputs 1,748 1,539 206 258 to control mercury emissions. bers or pollution control devices designed the kilns listed in Table 2 employs scrub sulfur dioxide controls. However, none of sions should decline as a co-benefit of control sulfur dioxide, and mercury emis going. is mercury the where toknow public the for impossible it making categories, other these for “n/a” reported consistently companies Table in 2: smokestack. a through emitted than rather recycled or of, disposed treated, be may that cury mer also but kiln, cement a from sions emis air the only not includes that TRI to data report Companies plant. the ing toEPA reporting are exit companies as 

52 lehighkilnsatUnionBridgeand Some plants have installed scrubbers to to 1,539 pounds, an unusually large shows the kiln could be emitting up number calculated based on EPA data only 35 pounds of mercury; but the Bridge reported to TRI in 2006 emitting illustrate thedata gapproblem. than theirmercury inputsandclearly 2006 thatappearto begrossly lower Tehachapi reported numbers to TRI in The L Mercury sent TRI Reported ehigh cement kiln at to Treatment Mercury AccountingGaps Mercury Unknown Unknown Unknown Unknown Unknown Y (lbs/yr) et, for the facilities listed listed facilities the for et, Mercury sent TRI Reported to Disposal Unknown Unknown Unknown Unknown Unknown (lbs/yr) U nion , the air(lbs/yr) TRI Reported released to - - Mercury - - - 586 36 78 12 35 7 Cementing a Toxic Legacy? % & - " 8 " 3 &

& # " : " , 1 & - $ 4 "

) & - -"/% : & . " 3 ( 8th 9th 11th 21st 13th 24th · 3*% % $ 6/*0/ # 5 0 / $MJOLFS$BQBDJUZ3BOL ( )*/ 4 FBS : 12 8 " */*" ( As the cement industry’s As the cement industry’s * 3 13 7 tons tons tons tons tons tons 1,138 1,543 1,234 1,477 1,634 1,497 5 4 */*" ( 8 & * 3 $MJOLFS$BQBDJUZQFS 7 now over to 2.2 million tons per year The fish in large bysections 2010. of South Carolina’s water bodies are already contaminated with mercury making them unsafe eat,to according advisoriesto from the South Carolina Department of Health and Environ mental Control. from about 978,000 tons per year current clinker production capacity The cement industry is rapidly expanding. The cement industry is rapidly nearly 2.5 capacity gains of Production between expected are million metric tons 2006 and 2010. the amount of mercu capacity increases, by regulation, if unchecked ry emissions, will also increase. :&1" # - California - - Virginia Michigan California nited Arizona Valley, Florida U /03&% ,JMO-PDBUJPO Medley, Lucerne Charlevoix, Cupertino, Clarkdale, Cloverdale, Mercury Mercury Ac 4*( afarge Harleyville,afarge *-/ L , ehigh’s reported 2006 L Cement ehigh reported 35 lbs , the 03 nion Bridge, Maryland, Maryland, nion Bridge, Corporation Inc. L + U Corporation " LLC LLC Cement Cement, . Permanente Cement ehigh’s ehigh’s America, America, It is not entirely clear why there ehigh reported an estimated amount Mary’s is preparing more to than double its South Carolina, plant reported 78 pounds of mercury TRIto in 2006, but reported mercury inputs of just over 200 pounds of mercury on an annual basis. This plant, sited close theto Francis Marion National Forest, tons of clinker annually. This is par annually. of clinker tons plant’s the ticularly significant given Bay. the Chesapeake to proximity counting Gaps to theto rest of the mercury? 75 plant is located approximately It is the of Baltimore. miles northwest the cement kiln in fifth largest nearly 2 million produce able to States, of “mass in” of mercury, meaning content of the fuel and feedstock, of 1,539 pounds of mercury in fuel and ingredients. If 1,539 pounds of mercury go into the plant and only 35 pounds come out, what has happened of mercury emissions to EPA’s 2006 of mercury emissions EPA’s to TRI; (2) all of TRI mercury emissions air were emis sions; thereno were reports of on- or off-site mercury waste; (3) in 2007 L discrepancy, especially as compared to to compared as especially discrepancy, set. data entire the is such aWhat large range. dowe know is: (1) As indicated in Table 2: As indicated in Table "#-& Titan Mitsubishi Hanson Phoenix St. $PNQBOZ Titan L

5 Cementing a Toxic Legacy? in Davenport, CA. Homes, schools, andnearbyfarms are locatedrightbesideacementplant “We are soccermoms, We naively believed that

and government agencies are grassroots volunteers. ranchers, farmers, retired section ofAmerica. We engineers. We are across cerns. We were wrong.” would listento ourcon we couldbandtogether — Becky Bornhorst, Downwinders at Risk, Midlothian, T  part oftheU.S.EPA. public scrutinyasaresult ofinactiononthe

exas cement intheUnitedStates. CEMEX isthelargest producer of Braunfels, Texas, in2009. a massive newplanton-lineinNew als in2007 andisexpected to bring expanding. Itacquired Rinker Materi CEMEX, like theindustryatlarge, is requested information from CEMEXin The cementindustrycontinuesto avoid

claims to EPA. pany madesuch No othercom kilns nationwide. emissions from its ments ofmercury garding measure confidentiality re blanket claimsof CEMEX made EPA to thepublic. turned over by tests have been mercury stack or results of of thekilnfeed mercury content no information on tion requests, but its 2007 informa 15 14 EPA - - - - - especially alarming. failure to control mercury emissionsis areas. Inthesecommunities, EPA’s proximity to otherkilnsandpopulated country thatare noteworthy dueto their There are several kilnsthroughout the vironmental andpublichealthimpacts. amount ofmercury canhave adverse en brunt ofEPA’s inaction.   

EPA’s 2007 data request omitted some some EPA’somitted request data 2007 The largest concentration ofcement Although there are other sites in Certain communitiesare bearingthe clinker. of production for 25 top the in rank that kilns cement with companies ous numer from information request to EPA by Ignored Kilns Major Table in 3: shown As kilns. cement individual largest country’s the of any of its information requests, leaving clude Hanson Permanente Cement in Release of mercury in 2006 to EPA’s Toxics emitting a staggering 494 pounds The Hanson Permanente kiln reported rently contaminated with mercury. the San Francisco Bay, which is cur It is also located within five miles of proximity to several cated within a residential area in close Cupertino, California. Permanente Cement operates a kiln in In the San Francisco Bay Area, Hanson Cupertino are of particular concern. California, the kilns at Davenport and other dangerous toxic airpollutants. annual basis, andthousandsoftons of under 200poundsofmercury onan Combined, theseplantsmayemitjust within a6.5-mileradius ofeachother. Ash Grove, andTexas Industries, all by five plantsoperated byHolcim, Citizens ofMidlothianare burdened Worth metroplex inMidlothian,Texas. is justoutsideoftheDallas/Fort manufacturing intheentire country

Inventory. EPA failed to in

Even asmall Cupertino schools. 18 This kiln is lo , EPA , failed - 19

- 17 - 16

- Cementing a Toxic Legacy? -

- - U.S.

cury content in input (raw materials) materials) (raw input in content cury in period 30-day approximate an for 2007. and Canadian Portland Cement Industry Cement Industry and Canadian Portland Summary Plant Information 2006). (December 31, kilns were ing kilns (2005). These the analysis because from excluded hazardous emissions from mercury regulated, kilns are waste-burning albeit inadequately. a to response in companies cement re collection information EPA 2007 include: generally data These quest. mer on data (2) and tests mercury (1) EPA-obtained data from several large large several from data EPA-obtained air emissions on mercury Data as a part of the 2006 EPA submitted to TRI reporting. Title V operating Clean Air Act cement kilns. various permits for EPA, Summary of Cement Kiln of Cement Kiln Summary EPA, (July 2008). Emissions Mercury Cement Association, Portland burn list of hazardous-waste EPA

      - - - afarge site in Alpena, Michigan, Michigan, Alpena, in site afarge gathered in 2007. 2007. in gathered L

ake Huron and is in close proximity proximity close in is and Huron ake L ting 360 pounds of mercury in 2006. 2006. in mercury of pounds 360 ting particu of is plant cement Alpena The banks the on sits it because concern lar of Alpena. of areas residential to is a five-kiln plant, and in 2006 was was 2006 in and plant, five-kiln a is plant. cement largest third nation’s the emit reported collectively kilns These California’s coastline and only 40 miles miles 40 only and coastline California’s Sanctuary, Bay Monterey the of north mer of pounds 172 emitting reported Inventory Release Toxics the to cury of one is kiln Davenport The 2006. in release to refuses EPA which for those data open the possibility that its mercury mercury its that possibility the open The worse. even be could emissions California, Davenport, in kiln CEMEX located kiln, That concern. similar of is along farms and homes beside right The The

Data Sources an in this report, the analysis For on data of available review extensive Data undertaken. emissions was mercury the from assembled and analyzed were sources: following  10 Cementing a Toxic Legacy? Figure 1.Concreteomposition Water Sand Gravel orCrushed Stone Portland Cement Air and concrete are quitedifferent. Cement often usedinterchangeably, butcement C 26% Ignored: MercuryPollution terms cementandconcrete are main ingredient inconcrete. The ement kilnsproduce cement,the 16% 6% 41% 11% from Cement Kilns peratures encountered inacementkiln. volatile nature ofmercury atthetem in thefuelandfeedmaterials dueto the is proportional to theamount ofmercury emitted byacementmanufacturing kiln oil). Ingeneral, theamount ofmercury among others) andfossil fuels(e.g., coal, limestone, clay,shale, flyash,andsand, originate from thefeedmaterials (e.g., Mercury emissionsfrom cementkilns Come from? Where DotheMercuryEmissions metric tons ofcement. United States consumed103.8 million one-half ofallU.S.cement. and thetop five companiesproduce over China andIndia. third largest producer ofcement,behind sition. crete mix. makes upjustover 10 percent ofanycon produce cementintheUnitedStates, Worldwide, theUnitedStates isthe 20 SeeFigure 1, 21 Thirty-ninecompanies 23

Concrete Compo 22 In2002,the - 24 - -

11 Cementing a Toxic Legacy? - - 25 fuels, including different types of coal, types including different fuels, oil, fuel tires, scrap coke, petroleum gas; and, and natural as do different contents, ent mercury types of coal. the quan can decrease Many factors Individual kilns use widely different different kilns use widely Individual significantly differ These fuels have

  at a emissions produced tity of mercury include the factors cement kiln. These (e.g., less mercury use of fuels containing or coal with low mercury gas natural (e.g., materials content), cleaner raw content), with low mercury limestone dry kilns as opposed to kiln design (e.g., types of control kilns), and various wet -

Mercury Mercury fuel they use; Similarly, with regard to the fuel sourc fuel the to regard with Similarly, the from emissions comes mercury emissions comes from limestone; and limestone; emissions comes from with location. With regard to limestone, EPA EPA limestone, to With regard A significant portion of kilns’ A significant portion of kilns’ mercury of kilns’ mercury A significant portion

varies content mercury limestone’s s from Cement Production Figure 2. Mercury Emission recognizes that: recognizes es at cement kilns, EPA recognizes that: that: recognizes EPA kilns, cement at es    For a description of the cement manu a description of For 2: Figure see, process, facturing Cement Production. from Emission 12 Cementing a Toxic Legacy? control devices, suchasbaghousesand technology (e.g., particulatematter to eithertheirraw materialsorfuels mercury emissionsbymakingchanges activated carboninjection). States share. Canadian plantandfurthercontaminatingtheGreatLakesthatCanada andtheUnited about 60percentofitstotalemissions—underminingpollutioncontroleffortsbythe emissions and,asaresult,emitsanadditional250poundsofmercuryeachyear Michigan, acceptsflyashfromanOntariopowerplantthatcontrolsitsmercury * million tonsofflyashin2005—apracticethatincreasedtheindustry’smercuryemis emitted asairpollution.AccordingtoEPA,39cementplantswere as shale.Unfortunately, mercuryintheflyashgetsvaporizedcementkilnand in theirkilns,whereitmixeswiththecementandcanreplaceotherrawmaterialssuch find waystodisposeofthiswaste.Oneoptionispaycementplantsit with mercuryaswell. plants’ pollutioncontrols.Becausecoalcontainsmercury, someflyashiscontaminated coal-fired powerplants.Flyashisessentiallyfinecoalthatgetstrappedin One potentiallysignificantsourceofmercuryemissionsismercury-laced flyashfrom Fly Ash Some kilnshave already reduced their pollution fromcementkilnsusingash.For example,theLafargeplantinAlpena, mercury emissions,thelevelsintheirflyashwillincreaseandso sions bymorethan2,800poundsthatyear. Power plantsgenerateapproximately71milliontonsofflyasheachyear, andhaveto This problemmaygrowworseinthefuture.Aspowerplantsbegintocontroltheir Emissions, December, 2006. EPA, CostandImpactsofWasting CementKilnDustorReplacing FlyAshto Reduce Mercury require similarreductions atotherplants. mercury emissions. Y pollution control equipmentthatreduces than others, butsomekilnsare deploying kilns have consistentlycleanerinputs by usingadditives. acceptingoverthree 26 Not onlydosome et, EPA hasfailed to

—

- 13 Cementing a Toxic Legacy? Matter of Mercury Figure 3. Bioaccumulation , - - - Why Mercury Emissions Emissions Mercury Why

methylmercury methylmercury — Once released Once released eople are exposed exposed eople are unhealthy levels to when of mercury elemental, gas- elemental, 27

— Three forms of inor forms Three believed to deposit locally to believed the around and regionally source. the environment, into this inor bacteria convert organic into ganic mercury mercury into the air by cement into kilns and particle-bound phase, The latter two, mercury. of comprising 50 percent emitted, are all mercury taminated fish. Figure 3: fish. Figure taminated Bioaccumulation of Mercury can depicts how mercury supply. end up in our food emitted are ganic mercury P they eat mercury-con 14 Cementing a Toxic Legacy? “EPA’s mercury strategy Those whoavoid fish Only thepolluters getlet allows polluters to con altogether are eating off thehook.” know are imperiled. unhealthy substitutes taminate ourfisheries instead. For Americans, the warning orjustdon’t fish. Folks whoignore damned-if-you-don’t. damned-if-you-do and eating fishhasbecome warn peopleoffeating with mercury, then * Table 4.Cemen —Marti Sinclair, Sierra

Alabama Florida Pennsylvania Texas California S Club, tate From theU.S.andCanadianPortland CementIndustry, Plant Information Summary,December31, 2006. Cincinnati, OH accumulates infishandshellfish. is themostcommonform and causing learning disabilities. and talking, shortening attention span, a child’s development, delaying walking Even in low doses, mercury may affect cerebral palsy, deafness, and blindness. exposure can cause mental retardation, to thoseatthetop ofthefood chain,like it ispassedfrom thesmallestorganisms aquatic food chainandaccumulatesas Methylmercury quicklyenters the

t Capa

- c i t y bys P interfering with the acts as a neurotoxin, man body, mercury in thewater. than thatdissolved of methylmercury er concentrations 100,000 timesgreat between 10,000 and food chaincontain at thetop ofthe (See Figure 3.)Fish walleye andbass. and infant mercury nutrients. Prenatal rapidly absorbing still developing and life, a child’s brain is first several years of children. During the women and small ous for pregnant particularly hazard to mercury can be system. Exposure brain and nervous ercent of Once in the hu 12.2 %

13.1 % 6.7 % — 6.3 % 5.7 %

which then t I ndustry a t 30 e 28

29 *

- - - association between mercury concentra and toes. vision loss, andnumbnessofthefingers and cancausememoryloss, tremors, fertility andbloodpressure regulation mercury poisoningcanadversely affect as well aswomen andchildren. Inadults, utero U.S. withneurological problems dueto children peryearmaybeborninthe a 2000report thatapproximately 60,000 National Research Councilestimatedin age. risk ofcognitive anddevelopmental dam mercury intheirbloodto putababyat women ofchildbearingagehave enough Prevention estimatethat8percent of of Environmental Protection modeled conducted bytheFloridaDepartment ies are aserioushealthconcern.Astudy of the eastern seaboard. states on the gulf coast and the majority cury in their coastal waters, including all states have statewide advisories for mer in freshwater lakes and/or rivers, and 12 issued statewide advisories for mercury are contaminated with mercury, 23 states of fish caught in state waters because they to limit how often they eat certain types consumption advisories, warning citizens river miles. In 2006, 48 states issued fish 14 million acres of lakes and 882,963 known to have contaminated more than the United States, in 2006, mercury was ings for particular waterbodies. Across at least some fish consumption warn many states, with nearly all states having pollution is currently a major problem for pared with those with less than 2.0 ppm. concentrations of 2.0 ppm or more, com death in individuals with hair mercury a 93 percent greater risk of premature percent greater risk of heart attack and of those studies, the authors reported a 69 tions and heart attacks in adults. In one A number of studies have found an Mercury posesathreat to adultmen, The Centers for DiseaseControl and Kilns incloseproximity to water bod It is well documented that mercury 31 exposure to methylmercury. TheNational Academy ofSciences’ 34

- - in - - - 33 - 15 Cementing a Toxic Legacy? - cement kilns. Earthjustice has ad in newspapers vertised across and on billboards the country about the of mercury dangers The cement kilns. from which ad shown here, in a newspaper ran in Midlothian, Texas, residents notified local of potential changes to a cement kiln operating permit and the need public comments. for Similar ads appeared York, in Michigan, New Florida, Pennsylvania, telling EPA and Colorado, from clean up mercury to - nless appro U

38 million metric tons are expected

priately regulated, as capacity increases, mercury emissions will also increase. 2.5 between 2006 and 2010. - - - 35 , in 2006, 44 per 36 In 2006, capacity reached an 37 According to theto Portland According Cement Not surprisingly, a disproportionate a disproportionate surprisingly, Not nited States is expanding and contin Association, clinker capacity in the U ued growth is expected in the coming years. all-time high. Additional gains of nearly number of states bear the burden of the of bear the burden number of states 4: capacity. As shown in Table industry’s Cement is Made Where in just capacity is found cent of clinker states. five mandated emission reductions in local reductions mandated emission incinera waste municipal and medical of the one location, 92 percent At tors. deposition could mercury total observed by local sources. be accounted for the contribution of local atmospheric of local atmospheric the contribution measured to concentrations mercury correlation in fish. A levels mercury of mercury levels between found was recently and locally caught fish in found 16 Cementing a Toxic Legacy? public hearingonregulatingtoxicairpollu tus, andemptymedicinebottlesatanEPA pneumonia, four healthy When toxic-fume-emitting cementfactories. alive ashegrewupintheshadowofthree keep herfive-year-oldasthmaticsonTommy most difficultchallengesofherlife:howto 2006, shebegantotellthestoryofone tion, includingmercury, fromcementkilnsin her tangleofplastichoses,breathingappara difficult challenges.Yet assheploppeddown Alexandra Allredhasknownhardworkand former memberoftheU.S.bobsledteam, As amartialartist,marathonrunner, and Alexandra Allred–AMother’sStory we around environmental because trying and eyes poor going the that cookies on Ick! would grossed we Protect HOW It’s Tommy I I Once, I You

the could should

truly can guarantee

hospital.

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burn.

the

have

not

to to

MUCH. we need not cookies.

the two-year-old beat like

out admire the

Tommy die.

get air

had not

moved like

pick put

people

to quality No

you EPA

him only anything double

figure normal set

he made. regular

you,

the

snap mercury

asthma.

through

one While

one

the

would got you

was alarm to is to 48

things

who that

is,

not

out the

Midlothian,

month, EPA

pneumonia. out

pounds wanted sick boy, Panicked

know

little taking

asthma

but he that

not doing clocks if and

hospital what live the

and

— got Tommy.

I we

boy,

loved

it! when what

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and

were in what was

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where its breathing it.

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the visited trouble

most beat job. Protect they

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had

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to is

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to for

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he treatment victim -

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rushed in

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outside

doing fork out

have Yet,

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that miss

what

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gets and here Even

Not

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this, wildlife, I are a dinner

out, three

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and

at where once

feel the

say,

round

floor we

long

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baby

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watching hospital

tightness

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sit, times! was ‘Okay, do very and

and kid, people gasping pulled ago,

the

ask

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at healthy

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was

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are coming environment.

can. Hospital for

that

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his proud she his he’d smell medication

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air

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sisters times

moment, mask, question? didn’t

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IF the 17 Cementing a Toxic Legacy? - - mercury limit. mercury EPA wrongly wrongly EPA claimed that no because it found cement plants using technologies control it did mercury, for a set to not have - - For the existing plants in the existing For 44 For new For 45

46 and in defiance of repeated federal federal repeated of defiance in and

—

Congress enacted enacted Congress this law in 1990, and re and 1990, in law this complete to EPA quired no kilns cement for standards MACT its this of violation direct In 1997. than later law EPA’s tendency to cave to industry pres to cave tendency to EPA’s stan environmental and issue weak sure also included absolute Congress dards, minimum stringency (“floor”) provisions that apply without in the Clean Air Act about what views cost or EPA’s to regard is achievable. may not be standards any category, EPA’s emission less stringent than the average by the achieved level of sources 12 percent emis with the lowest sion levels. may standards plants, not be less stringent than the emission by the achieved level emitting single lowest source. -

Well aware of aware Well

43 41 Today, the primary way that EPA that EPA the primary way Today, For each HAP, these standards these standards each HAP, For 39 42 When EPA issues MACT standards for for standards issues MACT When EPA The Clean Air Act requires EPA to to EPA requires The Clean Air Act Regulate Mercury Pollution Regulate Mercury EPA’s Failure to Failure EPA’s emits. in the maximum reduction must require considering emissions that is achievable cost and other factors. set emission standards for each category, for set emission standards such as cement kilns. an industrial category, such as cement each for it must set standards kilns, that category air pollutant hazardous regulates air toxics such as mercury is such as mercury air toxics regulates Control Maximum Achievable through standards. (MACT) Technology that are identify categories of facilities to and of these air toxics major sources Congress identified 189 hazardous air identified 189 hazardous Congress Amend (HAPs) in the 1990 pollutants is Mercury the Clean Air Act. ments to listed air one of those Congressionally toxics. An Overview of the Federal An Overview of the Federal Regulations by EPA, of foot-dragging After years 18 Cementing a Toxic Legacy? F i gu toxic hydrochloric standards establish rule Ass’n to proposed EPA D kilns mercury pollutants, emissions to pollution require the Congress 1990 ec

National clean

Clean

re again

publishes ;

hydrocarbons

2005 proposed

industrial 4.T

up from

emission sources

amends Air response

fails for

including their Lime

acid

toxic Act

imeline mercury, cement

air

of cury standards for existing cement kilns. court orders, EPA has yet to set any mer fails standards Cement 1997 standards for theemissions ofairtoxics eral CleanAirAct to require EPA to set these orders orsoughtto evade them. mercury emissions. ButEPA hasignored sion standards to control cementkilns’ courts have ordered EPA to setemis Three timesinthelasttenyears, federal Y pounds a year. decade, at a rate of approximately 23,000 kilns have continued unabated for the last uncontrolled emissions from cement Thanks to EPA’s recalcitrance and neglect,

ears ofEPADelay the stronger comments 12,000 activists kiln individuals organizations behalf comments Earthjustice F In 1990Congress amendedthefed eb

rule;

act 2006

kiln

le of

additional

due,

generate protections online 13

for on on

other al files

EPA

and cement

cti

v it comments Earthjustice cement EPA behalf deadline Earthjustice 1998 y December deadline consent extension give the Earthjustice F

settles; eb

of Sierra

EPA kiln 2006

suit Sierra

decree

- rule. proposes submits files until an

on Club of

- 2006

Club; and -

the

Appeals found EPA’s failure to regulate violated thefederal CleanAirAct. emission standards for mercury flatly of Appealsfound thatEPA’s failure to set unlawful. limit. mercury for specifically technologies control ing us plants cement no found it because mercury. for limit a EPAset to rule failed that in but kilns, cement from toxics ing the Sierra Clubto force EPA into action. 1998 Earthjusticefiledsuitonbehalfof due in1997,butEPA failed to act,andin from cementkilns. Thestandards were Five years aftertheD.C.Courtof EPA’s cementkilnregulations were regulat rule a EPA adopt 1999 did In

mercury, it did not have to set a set to have not did it mercury, hydrocarbons acid, mercury, on fails cement EPA J u toxic hydrochloric standards contains order; to rule EPA D

n ec

kilns’ 2000

47 48 publishes to

and in 1999

publishes EPA wrongly claimed that that EPAclaimed wrongly Inparticular, theD.C.Court

hydrocarbons 2006

set

the response kiln

emissions

hydrochloric court toxic no

any new for

rule,

emission

acid,

mercury, limit final

final rule

but

new while be requests Circuit new Earthjustice environmental On F Circuit Appeals rule challenges Club, On Aug eb

stayed

behalf

16 rule rule behalf

in it

Earthjustice 1999

lawsuit; -

reconsiders U.S. 2007

- in that

for

for of

EPA’s

challenges

Court

the six

fourth one

the Sierra

groups, EPA

D.C.

case

year

the D.C.

19 Cementing a Toxic Legacy?

across

2005 2008 Oct EPA agrees to court- ordered deadline requiring it to respond to court’s 2000 order by May 26, 2006

Earthjustice and Environmental Integrity Project release “Cementing Legacy?” a Toxic documenting mercury emissions from cement kilns Jul the country - - - -

.S. .S. U court the 2004 to

ersey, the Pennsylva the ersey, J eague (MI). The States States The (MI). eague Oct On behalf of Sierra Club, Earthjustice files second suit in D.C. Circuit to compel EPA to respond to court’s 2000 order in National Lime Ass’n L ), Montanans Against Against Montanans ), 2008 Y ork, Connecticut, Delaware, Delaware, Connecticut, ork, Y that it will set mercury standards for cement kilns in 2009 Mar EPA requests further stay of litigation, representing Department of Environmental Protec Environmental of Department

nia mental Activist Activist mental New Michigan, of tion, New New tion, indicated that it would set mercury emis mercury set would it that indicated filed papers in stated as standards, sion case fourth a in 2008, 20, February on Sierra of behalf on Earthjustice by brought Friends (TX), Risk at Downwinders Club, (N Hudson of Against Citizens Desert Burning, Toxic Environ Huron the and (CA), Pollution also Massachusetts and Maryland, Illinois, a marks announcement EPA’s suit. filed until which, policy EPA in shift dramatic mercury requiring resist to been had now, kilns. cement for controls and public health groups, the the groups, health public and finally Agency Protection Environmental 2004

- 49 to Oct

50 2007 Dec EPA fails to meet one-year deadline, requests further stay of litigation 2000 Dec EPA ignores court’s order

) nder intense pressure from states states from pressure intense nder

National U EPA’s scofflaw approach to toxic toxic to scofflaw approach EPA’s and local and national environmental environmental national and local and are affected by this pollution. Nine affected are groups environmental seven and states most recent challenge EPA’s combined to in a 2007 standards set mercury to refusal Court of the United States before lawsuit the D.C. Circuit. Appeals for sions from this country’s existing kilns. existing this country’s sions from cement kilns has drawn emissions from that are states attention from increasing pollution with their mercury grappling members whose groups citizen and from mercury emissions from cement kilns a cement from emissions mercury and Air Act, of the Clean clear violation EPA requiring 2005 court order despite a to yet again refused EPA rules, propose to emis mercury control to set regulations

2007 2000

In separate Earthjustice lawsuit on brick kilns, D.C. Circuit confirms that EPA has plain statutory duty to set emission standards for each hazardous air pollutant that an industry emits Mar D.C. Circuit finds that rule violated plain EPA’s statutory requirement to set standards for each hazardous air pollutant that cement kilns emit, and orders EPA to set the missing standards (case referred to as Dec EPA Lime Ass’n v. 20 Cementing a Toxic Legacy? authorities (thestates) willhave better informed ofhealthrisks. Permitting ties. Neighboring residents willbebetter both thepublicandpermitting authori date information. Source tests will benefit across thecountryhave accessto up-to- states implementingpermitting programs dard issetbyEPA, itisincumbentthat mercury emissions. States shouldrequire specifictesting for too complicated.Itisnot. complaints asto whysuch regulation is proposal mustnotrepeat itspastlitany of and release afinalrulein2009.EPA’s must nowfollow through onthisproposal will complywiththeCleanAirAct. EPA kiln standard for mercury andthatit court orders requiring itto setacement acknowledged thatitwillfinallyabideby is thefirst timethatEPA haspublicly a cementkilnmercury standard. stated thatitwould release aproposal for ments. EPA mustfollow through onitscommit and Opportunities Recommendations Inarecent courtdocument,EPA Even onceastan 51 This - - - be exposed to thistoxic pollution. officials to askwhy we mustcontinue to critically bythepublicand prompt public to issuesuchstandards mustbeviewed from cementkilnsin2008. Anyfailure standard to limitmercury emissions such as activated carbon injection. specifically designed to capture mercury, diction to install pollution control devices diately require the kilns within their juris for EPA to set standards, but should imme State regulatory agencies should not wait Pollution controls must also be added. at kilnsnation-wide. technology shouldbepromptly installed on emissionsatthecementkilns. This kilns. CEMSwillprovide real-time data should berequired for mercury onall Emissions Monitoring Systems(CEMS) Monitoring mustbeadded. limits andtake enforcement actions. information withwhichto setpermit EPA claims thatitwillpropose a

Continuous

- - 21 Cementing a Toxic Legacy? ------

Information on South Carolina mercury mercury on South Carolina Information Non-hazardous waste burning kiln sites burning kiln waste Non-hazardous For a discussion of the planned expansion, a discussion of the planned expansion, For Cement see U.S. and Canadian Portland Cement In See U.S. and Canadian Portland values: the following See Appendix A for Hanson Permanete Cement is listed in Ap Hanson Permanete According to the Portland Cement Associa the Portland to According cim kilns. cim kilns. kilns in include: CEMEX’s in California kilns in Lehigh’s and Davenport, Victorville Portland California and Redding, Tehachapi and Mojave, Rillito, kilns in Colton, Cement’s Cement kiln in and the Hanson Permanete Cupertino. tion, in 2006, this plant ranked 42 out of 112 42 out of 112 tion, in 2006, this plant ranked produce capacity to U.S. cement kilns for includes hazardous rank This clinker. U.S. and Canadian See, kilns. waste-burning Industry, Plant Information Cement Portland Ce 2006, Portland Summary, December 31, Depart ment Association Economic Research 13. ment, Table Summary, Industry Plant Information 2006, page 4. December 31, at: http:// advisories can be found www.scdhec.net/environment/water/fish/ downloads.htm. 31, Summary, December Plant Information Association Economic Cement 2006, Portland Department, page 1. Research Summary, Decem dustry, Plant Information Cement Association 2006, Portland ber 31, Department, page 1. Economic Research Summary, December 31, Plant Information Cement Association Economic 2006, Portland 2 and 3. Department, Tables Research three from lbs. one TXI kiln, 31 from 19 lbs. Hol two from and 146 lbs. kilns, Ash Grove Plant Information Summary, December Summary, Plant Information industry wide 2006, pages 2-3. These 31, and non- both hazardous reflect numbers burning kilns. waste hazardous and Policies of the Sector Director Tsirigotis, the filed before Division of EPA, Programs Court of Appeals in pending D.C. Circuit with Nos. Consolidated 07-1046, Cause No. 07-1052. and 07-1049 07-1048, Summary, Decem dustry, Plant Information Association Cement 2006, Portland ber 31, 13. Table Department, Economic Research See also, Appendix A. De Summary, Industry, Plant Information Cement Associa 2006, Portland cember 31, 3. Department, Table tion Economic Research

ehigh—Hanson Permanente pendix A as Lehigh—Hanson Permanente this plant in 2007. Cement. Lehigh purchased Cement U.S. and Canadian Portland See, See February, 2008 Declaration of Peter Peter of 2008 Declaration See February, from come capacity numbers All production Cement In the U.S. and Canadian Portland

Cement Industry, u.S. and Canadian Portland Cement Industry, .S. and Canadian Portland u

Industry Cement Portland u.S. and Canadian 17 12 13 14 15 16 7 8 9 10 11 -

------112:562–570. 112:562–570. . Mercurial Risks from Acid’s Rain, Acid’s Risks from Mercurial l Environ Health Perspect, Environ mary. Please note that this reflects non- mary. Please note that this reflects burning kilns only. waste hazardous points, bagging systems and bulk loading and points, cadmium, unloading systems include arsenic, mercury, lead, manganese, chromium, Emission and selenium. See National nickel, Air Pollutants: Hazardous for Standards Air Pol Hazardous for Standards Proposed Cement the Portland Emissions from lutants 14,182, Reg. Industry, 63 Fed. Manufacturing 24, 1998). 14,183 (Mar. zofurans, formaldehyde, hexane, hydrogen hydrogen hexane, formaldehyde, zofurans, naph mercury, lead, manganese, chloride, phenol, polycyclic organic nickel, thalene, 2,3,7,8-tetrachlo selenium, styrene, matter, and xylenes. toluene, rodibenzo-p-dioxin, air pollutants In addition, the hazardous other components of the kiln, from released finish mills, raw coolers, such as the clinker system transfer conveying bins, storage mills, abstract.htm air pollutants. and many other toxic mercury haz numerous Cement kiln systems release the environment, into air pollutants ardous benzene, arsenic, including acetaldehyde, diben chlorobenzene, cadmium, chromium, Exposure to Environmental Chemicals. Avail Chemicals. Environmental to Exposure able at http://www.cdc.gov/nceh/dls/ner. estimate to used the CDC data htm. EPA number of newborns at risk. See Mahaffey, and mercury K., et al., 2004. “Blood organic Health and National intake: mercury dietary 1999 and Survey, Nutrition Examination 2000,” http://ehp.niehs.nih.gov/docs/2003/6587/ and feedstock, it is also likely that emission it is also likely and feedstock, tests source TRI and through to reported data underreported. in some instances are 153 (1991). 152, 139 SCI. NEWS on Human Report 2003. Second National more significant. significant. more in the appendices, As reflected sion estimate. from a mix of data this number is based on While the and input data. tests, TRI, source a to skewed probably are numbers input data pass through percent high-end, assuming 100 in the kiln fuels contained of the mercury addresses EPA’s failure to regulate mercury mercury regulate to failure EPA’s addresses burn waste non-hazardous emissions from Release own Toxics EPA’s ing cement kilns. (TRI) does not distinguish between Inventory burn waste and non-hazardous hazardous 11,995 of The 2006 figure ing cement kilns. making of kilns, pounds includes both types waste the new finding on non-hazardous 23,000 pounds all the burning kilns at nearly cement kilns that burn hazardous wastes as a wastes that burn hazardous cement kilns that do not. This report and those fuel source uly 2008 EPA data sum data See Appendix C, July 2008 EPA Cement kilns are sources of air pollution for of air pollution for sources Cement kilns are Centers for Disease Control and Prevention, and Prevention, Control Disease for Centers See Appendix A, for this industry-wide emis See Appendix A, for EPA’s current regulations distinguish between between distinguish regulations current EPA’s

janet Raloff,

6 5 3 4 2 Notes 1 22 Cementing a Toxic Legacy? 18 32 31 30 29 28 27 26 25 24 23 22 21 20 19

glennRice&JamesK.Hammitt,Northeast and CanadianPortland CementIndustry, citing National Academy ofSciences, 2000. 2008), doi:10.1016/j.healthplace.2008.02.001, dictor ofautismprevalence. Health&Place of environmental mercury release asapre abstract.htm http://ehp.niehs.nih.gov/docs/2003/6587/ 2000,” Nutrition Examination Survey, 1999and dietary mercury intake: National Healthand K., etal.,2004.“Bloodorganic mercury and number ofnewbornsatrisk.SeeMahaffey, htm. EPA used theCDCdata to estimate able athttp://www.cdc.gov/nceh/dls/ner. Exposure to Environmental Chemicals. Avail 2003. SecondNational Report onHuman mercury/effects.as http://www.nrdc.org/health/effects/ Bass Advisory, September2003. EPA-823-R-99-014. Agency. Officeof Water. September1999. 1990–1995. U.S.Environmental Protection Concentrations inFish.Data BaseSummary 1999. TheNational Survey ofMercury Bass Advisory, September2003,citingEPA. U.S. Coal-Fired Power plants(2005)[hereinaf efits ofControlling Mercury Emissionfrom Economic Valuation ofHumanHealthBen basics/cementindustry.asp. Concrete Basics”athttp://www.cement.org/ basics/cementindustry.asp. Concrete Basics”athttp://www.cement.org/ org/basics/cementindustry.asp. Concrete Basics”athttp://www.cement. Concrete%20and%20cement%20faq.pd http://tx-taca.org/uploads/files/ “Frequently Asked Questions”at sfbaymercurytmdl.shtml. water_issues/programs/tmdls/ burning kilns. capacity ranking includeshazardous waste Research Department,Table 13.Note thatthe 2006, Portland CementAssociationEconomic Plant Information Summary,December31, Centers for DiseaseControl andPrevention, Portland CementAssociation,“Cementand Palmer, R.F., etal.,Proximity to pointsources Washington DepartmentofHealth,Statewide Washington DepartmentofHealth,Statewide States for Coordinated AirU 70 Fed. Reg. 72330,72333(Dec. 2,2005). See Docket A-92-53, ItemII-A-46 atApp. A. 70 Fed. Reg. 72330,72333(Dec. 2,2005). Portland CementAssociation,“Cementand Portland CementAssociation,“Cementand Texas Aggregates andConcrete Association, http://www.swrcb.ca.gov/sanfranciscobay/ of thelargest plantsinthecountry.See, U.S. With regard to clinker capacity,thisisone ter “Harvard/NESCA Environ HealthPerspect, l . p . UM study”]at5. se Management, 112:562–570.

f . - -

- - 37 36 35 34 33 43 42 41 40 39 38

u.S.andCanadianPortland CementIndustry, u.S.andCanadianPortland CementIndustry, u.S.EPA Fact Sheet,2005/2006National u.S.andCanadianPortland CementIndustry, burn hazardous wastes. these capacitynumbers reflect kilnsthatalso Research Department,Table 11. Note that 2006, Portland CementAssociationEconomic Plant Information Summary,December31, derived pollutant (2003), pages 56–57. Daily An approach for conducting a Total Maximum tion with Aquatic Cycling in South Florida: tion, Integrating Atmosphere Mercury Deposi advisories/2006/tech.pdf. 148 Atherosclerosis 265(2000)). follow-up studyinmenEasternFinland, rosis: Apopulation-basedprospective 4-year accelerated progression ofcarotid atheroscle Salonen etal.,Mercury accumulationand National Academy Press, Washington, D.C. Toxicological EffectsofMethyl-mercury. 2000), amendedonden.ofreh’g 2/14/2001. Ass’n v. EPA, amended onden.ofreh’g 2/14/2001. v. EPA Clean AirAct §112(d)(1) and set standards for eachsource category see, 16, 1992).For therequirement thattheEPA source categoriesthatincludes Portland Ce In 1992,EPA published aninitiallistofmajor ous airpollutants. CleanAirAct §112(a)(1). year ormore ofanycombination ofhazard hazardous airpollutant oratleast25tons per emit atleasttentons per yearofanysingle source ofemissionsthathas thepotentialto Act definesamajorsource asanystationary stringent asthefederal MACT requirements. state orlocalMACT requirements are justas MACT program, itmustdemonstrate thatthe standards. For astate orlocalityto runa to runprograms thatadministerMACT agencies mayobtain approval from theEPA NESHAPs. State andlocalenvironmental Standards for Hazardous AirPollutants, or dards are referred to asNational Emissions pollutants atparticularsources, thesestan Clean AirAct §112(b). Research Department,page1. 2006, Portland CementAssociationEconomic Plant Information Summary,December31, Research Department,Table 2. 2006, Portland CementAssociationEconomic Plant Information Summary,December31, ment Manufacturing. 57 Fed. Reg. 31576 (July For hazardous airpollutants, theCleanAir at, http://www.epa.gov/waterscience/fish/ Listing ofFishAdvisories (July2007). Also “Harvard/NESCA Clean AirAct §112(d)(2). Clean AirAct §112(d)(1). Seealso, When theEPA setsMACT standards for See thelistofhazardous airpollutants at Florida Department of Environmental Protec L , 233F.3d 625,628(D.C.Cir. 2000), oad Analysis for an atmospherically 233F.3d 625,628(D.C.Cir. UM study”at37–48(citing Nat’l LimeAss’n Nat’l Lime ------23 Cementing a Toxic Legacy?

- Motion to Govern Motion to See EPA’s February 20, 2008 20, February See EPA’s See February, 2008 Declaration of Peter of Peter 2008 Declaration See February, for “new” cement kilns, those for which which for those “new” cement kilns, for begins after or reconstruction construction immediately 2005, but EPA December 2, on proceedings reconsideration commenced 76518, Reg. Fed. 71 the rule. this aspect of 20, 2006). Those proceed 76524 (December still pending. ings are of Appeals in Court the D.C. Circuit before with Nos. Consolidated 07-1046, Cause No. 07-1052. and 07-1049 07-1048, and Policies of the Sector Director Tsirigotis, the filed before Division of EPA, Programs Court of Appeals in pending D.C. Circuit with Nos. Consolidated 07-1046, Cause No. 07-1052. and 07-1049 07-1048,

50 51 , 233 F.3d 625 (D.C. Cir. 625 (D.C. Cir. , 233 F.3d 70 Fed. Reg. 72330 (Dec. 2, 2005). The 2006 2, 2005). 72330 (Dec. Reg. Fed. 70 Clean Air Act § 112(d)(3). Clean Air Act to set failed published its final rule that EPA Clean Air Act § 112(d)(3). Clean Air Act in that Note § 112(d)(3)(A). Clean Air Act 2000), amended on den. of reh’g 2/14/2001. of reh’g 2000), amended on den. standards mercury final rule did contain 112(d)(3)(B). of mercury, any limits on kilns’ emissions hydrocarbons. acid, and toxic hydrochloric (June 14, 1999). 31,898 Reg. 64 Fed. See, EPA Ass’n v. Lime Nat’l source categories where there are fewer fewer are there categories where source not be less the limit may than 30 sources, by the achieved the average stringent than Act § Clean Air sources. performing best five

49 46 47 48 44 45 24 Cementing a Toxic Legacy? Kiln Data Anal Appendix A Armstrong Ash Grove Ash Grove Ash Grove Ash Grove Ash Grove Ash Grove Ash Grove Ash Grove Ash Grove Ash Grove Ash Grove California Company Company Portland Cement Cement Cement - Alamo Buzzi Buzzi Buzzi Buzzi Buzzi Buzzi Buzzi Buzzi Buzzi Buzzi Buzzi Buzzi Buzzi Buzzi Buzzi Buzzi Buzzi Independence Independence Independence Independence (Leamington) Kiln Location Chattanooga Stockertown Stockertown San Antonio Midlothian Midlothian Midlothian (Montana Louisville Louisville Maryneal Maryneal Maryneal Oglesby Mojave Durkee Seattle Fustus Fustus Clancy Inkom Inkom Nephl Cabot Pryor Pryor Pryor City) ysis MO MO WA MT OR OK OK OK TN NE NE UT CA PA PA PA TX TX TX TX TX TX TX KS KS KS KS ST ID ID IL 63028 78265 67301 67301 67301 67301 63028 76065 76065 76065 97905 68037 68037 84638 74362 74362 74362 59634 93502 16023 37405 61348 98134 18083 18083 83245 83245 79535 79535 79535 ZIP Kiln # 1+2 4 2 2 2 2 2 2 2 2 3 3 3 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Dry/ Wet Wet Wet Wet Wet Wet Wet Wet Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry in 1,000s in clinker of metric Capacity tons/yr 1,375 299 894 190 274 144 189 816 291 291 291 328 675 852 593 150 150 319 163 833 558 132 537 537 114 551 81 81 81 81 No TRI No TRI No TRI TRI Hg (lb/yr) 2006 2,581 145 153 24 16 23 14 25 12 13 31 6 9 2 Low Hg Range- (lb/yr) Study 2,581 7.06 1.27 0.5 0.5 153 1.2 1.7 1.5 12 13

2 Range- (lb/yr) Study 3,788 High 167 Hg 20 24 52 31 6

2 Input Input Input Basis High Test Test TRI TRI TRI Scrubber Scrub- bing Dry Resp? EPA Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No ?? ?? ?? ?? ?? ?? ?? ?? ?? ?? 25 Cementing a Toxic Legacy? No No No No No No No No No No No No No No No No No No No No No No No No No No Yes Yes Yes Yes Yes Yes EPA Resp? Scrubber TRI Test Test High Basis 58 41 151 Hg High Study (lb/yr) Range- 0 0 91 45 Study (lb/yr) Range- Low Hg 0 0 0 31 13 53 12 12 25 14 38 10 36 24 70 151 172 271 2006 (lb/yr) TRI Hg No TRI No TRI 121 121 121 755 251 251 853 172 257 237 823 701 254 985 287 368 776 401 605 226 226 470 269 692 629 629 602 969 604 1,407 1,668 1,049 tons/yr Capacity Capacity of metric in clinker in 1,000s Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Wet Wet Wet Wet Dry/ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3 3 2 2 2 2 2 2 2 2 2 4 Kiln # ZIP 16157 16157 16157 16112 16112 31013 33182 45385 78217 78217 61301 36732 95017 85654 85654 85654 85654 34614 34614 34614 37924 04861 92394 92394 40272 79766 79766 80540 82070 82070 89408 89408 IL FL FL FL FL ST AL TX TX TX TX KY PA PA PA PA PA AZ AZ AZ AZ CA CA CA TN GA NV NV CO WY WY ME OH Xenia Lyons Rillito Rillito Rillito Rillito Miami Fernley Fernley Odessa Odessa La Salle Laramie Laramie Knoxville Louisville Wampum Wampum Wampum Bessemer Bessemer Victorville Victorville Clinchfield Davenport Brooksville Brooksville Brooksville Demopolis Thomaston San Antonio San Antonio Kiln Location Eagle Eagle Eagle Eagle Eagle Essroc Essroc Cemex Cemex Cemex Cemex Cemex Cemex Cemex Cemex Cemex Cemex Cemex Cemex Cemex Cemex Cemex Cemex Cemex Cemex Capitol Capitol Dragon - Rinker - Rinker Cement Cement Cement Cement Portland Portland Portland Portland Products Materials Materials Materials Materials Materials Materials Materials Company Company California California California California Aggregates Aggregates 26 Cementing a Toxic Legacy? Florida Rock Holcim -St. Holcim -St. Industries Company Company Company Lawrence Lawrence Holdings America America America America America Cement Cement Cement Holcim Holcim Holcim Holcim Holcim Holcim Holcim Holcim Holcim Holcim Holcim Holcim Lafarge Lafarge Lafarge Lafarge Lafarge Lafarge Lafarge GCC of GCC of GCC of GCC of GCC of Essroc Essroc Essroc Essroc Essroc Essroc Essroc Essroc Giant Kiln Location Martinsburg Martinsburg Martinsburg Hagerstown Three Forks Mason City Mason City Midlothian Midlothian Harleyville Rapid City Rapid City Rapid City Newberry Theodore Nazareth Frederick Frederick Florence Morgan Dundee Dundee Catskill Buffalo Alpena Alpena Alpena Alpena Alpena Tijeras Tijeras Calera Speed Speed Ada Ada NM NM MD MD MD WV WV WV MT CO OK OK NY SD SD SD UT MI MI MI MI MI MI MI PA SC TX TX AL AL ST IN IN FL IA IA IA 29448 84050 49707 49707 49707 49707 32669 74820 74820 18064 35040 87059 87059 50401 50401 50401 50401 81226 57702 57702 57702 25401 25401 25401 36582 21742 52728 21703 21703 47172 47172 59752 12414 4,707 48131 48131 ZIP Kiln # 4 2 2 2 2 2 2 2 2 2 3 3 3 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Dry/ Wet Wet Wet Wet Wet Wet Wet Wet Wet Wet Wet Wet Wet Wet Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry in 1,000s in clinker of metric Capacity tons/yr 1,280 1,028 1,467 1,447 1,542 602 208 208 390 390 298 708 262 848 987 546 580 544 419 548 621 216 216 277 975 148 148 350 252 387 554 712 314 154 154 411 TRI Hg (lb/yr) 2006 360 149 149 163 113 96 48 28 22 36 65 73 18 12 33 31 51 11 11 8 7 Low Hg Range- (lb/yr) Study 360 22 78 27 56 12 31 8 2 2 3 Range- (lb/yr) Study High 149 149 108 129 129 258 Hg 112 49 50 34 54 37 31 Input Input Basis High Test Test Test Test Test Test Test Test TRI TRI TRI Wet Lime Scrubber Scrubber Resp? EPA Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No No No No No No No No No No No No 27 Cementing a Toxic Legacy? No No No No No No No No No No No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes EPA Resp? FGD Lime Lime Slurry in BH Injection Injection Scrubber TRI TRI TRI Test Test Test Test Test Test Test High Test/ Basis Input Input Input Input 2

12 77 61 39 36 42 29 66 Hg 159 184 206 1,539 High 1,748 Study (lb/yr) Range- 1 2

35 33 33 12 16 78 36 36 30 24 24 86 148 586 Study (lb/yr) Range- Low Hg 1 2 35 12 23 16 61 16 59 78 30 24 92 86 159 184 586 160 208 494 400 2006 (lb/yr) TRI Hg No TRI 313 533 533 731 251 251 433 387 716 418 283 592 295 586 958 419 549 274 847 978 848 100 924 907 449 1,134 1,543 1,033 1,497 1,996 tons/yr Capacity Capacity of metric in clinker in 1,000s Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Wet Wet Wet Wet Wet Dry/ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3 2 2 2 2 2 2 2 Kiln # ZIP 35131 12143 12143 21791 74116 74116 93561 19522 19522 12801 76712 18052 18052 92356 91436 95014 78610 50401 35094 62941 62941 66748 66748 47446 47446 47446 29448 96106 64050 96003 IL IL IA IN IN IN ST AL AL KS KS TX TX SC PA PA PA PA CA CA CA CA CA NY NY NY OK OK WA MD MO Tulsa Tulsa Buda Waco Leeds Seattle Ravena Ravena (Joppa) (Joppa) Mitchell Mitchell Mitchell Ragland Redding Whitehall Whitehall Glen Falls Cupertino Tehachapi Fleetwood Fleetwood Humboldt Humboldt Harleyville Mason City Sugar Creek Grand Chain Grand Chain Kiln Location Encino Lebec Union Bridge Lucerne Valley Corp. Lehigh Lehigh Lehigh Lehigh Lehigh Lehigh Lehigh Lehigh Lehigh Lehigh Lehigh Lehigh Lehigh Lafarge Lafarge Lafarge Lafarge Lafarge Lafarge Lafarge Lafarge Lafarge Lafarge Lafarge Cement Cement Cement Cement Lehigh - National National Alabama Monarch Monarch - Hanson Company Company Company California Mitsubishi Co. Cement Co. Cement Permanente Texas-Lehigh No No No No No No No No No No No No No No No No No No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes EPA Resp? Scrubber Scrubber Lime Wet TRI TRI TRI Test Test Test Test Test Test Test Test High Basis Input Input 31 37 54 34 50 49 112 Hg 258 129 129 108 149 149 High Study (lb/yr) Range- 3 2 2 8 31 12 56 27 78 22 360 Study (lb/yr) Range- Low Hg 7 8 11 11 51 31 33 12 18 73 65 36 22 28 48 96 113 163 149 149 360 2006 (lb/yr) TRI Hg 411 154 154 314 712 554 387 252 350 148 148 975 277 216 216 621 548 419 544 580 546 987 848 262 708 298 390 390 208 208 602 1,542 1,447 1,467 1,028 1,280 tons/yr Capacity Capacity of metric in clinker in 1,000s Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Wet Wet Wet Wet Wet Wet Wet Wet Wet Wet Wet Wet Wet Wet Dry/ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5 3 3 3 2 2 2 2 2 2 2 2 2 4 Kiln # ZIP 48131 48131 4,707 12414 59752 47172 47172 21703 21703 52728 21742 36582 25401 25401 25401 57702 57702 57702 81226 50401 50401 50401 50401 87059 87059 35040 18064 74820 74820 32669 49707 49707 49707 49707 84050 29448 IA IA IA FL IN IN ST AL AL TX TX SC PA MI MI MI MI MI MI MI UT SD SD SD NY OK OK CO MT WV WV WV MD MD MD NM NM Ada Ada Speed Speed Calera Tijeras Tijeras Alpena Alpena Alpena Alpena Alpena Buffalo Catskill Dundee Dundee Morgan Florence Frederick Frederick Nazareth Theodore Newberry Rapid City Rapid City Rapid City Harleyville Midlothian Midlothian Mason City Mason City Three Forks Hagerstown Martinsburg Martinsburg Martinsburg Kiln Location Giant Essroc Essroc Essroc Essroc Essroc Essroc Essroc Essroc GCC of GCC of GCC of GCC of GCC of Lafarge Lafarge Lafarge Lafarge Lafarge Lafarge Lafarge Holcim Holcim Holcim Holcim Holcim Holcim Holcim Holcim Holcim Holcim Holcim Holcim Cement Cement Cement America America America America America Holdings Lawrence Lawrence Company Company Company Industries Holcim - St. Holcim - St. Florida Rock 28 Cementing a Toxic Legacy? American Company Company Company Company Company St. Marys St. Marys St. Marys St. Marys St. Marys Suwanee America America Phoenix Phoenix Phoenix Phoenix Cement Cement Cement Cement Cement Cement Cement Cement Cement Cement Totals 5. Analysisisbasedonbestavailable data; however, significantdata gaps exist. 4. Current bestestimatefor national(48-state) mercury emissions from non-hazardous waste kilns isbetween 6–13 3. TRIdata donotappearto bereliable. 2. Data otherthanTRIwas available for kilnswithroughly 35percent oftheclinker capacityofnon-hazardous waste 1. Two plantsinPuerto Riconotincluded.Total numberofkilns=151. Total clinker capacity=81,512,000 metrictons/ Notes Titan Titan TXI TXI TXI TXI TXI TXI TXI TXI TXI TXI TXI tons/year. kilns. yr. New Braunfels Kiln Location Oro Grande Oro Grande Oro Grande Oro Grande Oro Grande Oro Grande Oro Grande Midlothian Charlevoix Clarkdale Clarkdale Clarkdale Clarkdale Troutville Riverside Riverside Branford Medley Dixon Dixon Dixon Dixon CA CA CA CA CA CA CA CA CA AZ AZ AZ AZ MI VA TX TX ST FL FL IL IL IL IL 49720 92509 92509 32008 76065 92368 92368 92368 92368 92368 92368 92368 86324 86324 86324 86324 61021 61021 61021 61021 24175 78132 33178 ZIP Kiln # 151 6 4 4 4 2 2 2 2 7 3 3 3 5 5 1 1 1 1 1 1 1 1 1 Dry/ Wet Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry Dry in 1,000s in clinker of metric Capacity tons/yr 81,512 1,964 1,634 1,234 1,138 820 780 912 187 187 187 161 161 161 161 161 161 161 161 161 161 155 43 43 TRI Hg (lb/yr) 2006 90 87 19 41 73 12 55 55 15 6 Low Hg Range- (lb/yr) 13,132 4,692 Study

Range- (lb/yr) 27,511 Study 9,829 High Hg

Basis High Wet Lime Scrubber Scrubber Resp? EPA No No No No No No No No No No No No No No No No No No No No No No No 29 Cementing a Toxic Legacy? ------noted as Non-Detect. These data data These noted as Non-Detect. often could not be used since cor were detection limits responding often not noted. Also, in most speciation of the mercury cases, was or baghouse dust the clinker not available. All of these issues notwithstanding, notwithstanding, issues these of All available, where data, test source annual estimate to used were op kilns that assuming emissions, in hours all of percent 90 for erated rates emissions separate If year. the on mills raw with measured were for accounted were these off, and calculation. the in content in input on mercury data an kilns for materials to (raw) 30-day period dur approximate Although the mercury ing 2007. 30 days was for speciation data in many cases, in several provided were values actual mercury cases, reviewed to determine if there were were determine if there to reviewed for particular limits specific mercury cur With almost no exceptions, kilns. kilns consid Title V permits for rent limits in this study do not contain ered emissions. on mercury mitted as to thepart EPA of the TRI RForm reporting. TRI data were used only if additional (i.e., mass input or source test) data were also available. The calculation methodology for TRI air emissions data are not readily apparent. In some cases, there were obvious problems with the TRI data (such as air emissions reported as zero, while source test data indicated non-zero values). permits for Title V air operating These were kilns. operating various (ii) Data on mercury air emissions sub

e. d. ------source test reports including including reports test source methods. Representativeness of test test of Representativeness methods. operat annual to extrapolated data, questionable. often is periods, ing rect mass rate basis (i.e., lb/hr, lb/hr, (i.e., basis rate mass rect for test to used methods The etc.). tests Older varied. also mercury 29 Method EPA used generally tests recent more the of some while similar or Hydro Ontario the used that were no more than five years years five than more no were that vast the In considered. were old produc clinker cases, of majority periods time test source during tion mercury and provided not were di a on reported were emissions mercury tests. However, in many many in However, tests. mercury over were data test source cases, tests source Only old. years five

Data obtained from EPA on several several on EPA from obtained Data included: (i) excluded from the analysis. from excluded in re cement company kilns large collec information EPA’s sponse to generally These data tion request. kilns as burning only waste and these kilns as burning only waste the analysis; from excluded were (2005). These kilns were EPA from Industry Plant Information Summary, Industry Plant Information 2006, which provided December 31, lists of U.S. cement plants and kilns, capaci production including clinker also identified certain This report ties. c. b. burning kilns waste list of hazardous and Methodology Data Sources Considered as emissions were mercury on Data of a review from sembled and estimated sources: the following a. Cement u.S. and Canadian Portland Apendix B Apendix Methodology Kiln Data Analysis 30 Cementing a Toxic Legacy? Uncertainties capacity. While this extrapolation or or extrapolation this While capacity. clinker using extrapolated then were U the in kilns of universe the for emissions The capacity). clinker on (based kilns of percent 35 roughly for estimated were speciation, to relating caveat the to ject   tainty include: a coupleofadditionalareas ofuncer measured. actually are that emitted emissions mercury of fraction the is uncertainty possible of area one Thus, measured. completely were species mercury all if clear not is it used, methods test the on based that however, noted be emissions; should it total mercury as reported are data sions emis All details. operational kiln or data tounderlying as uncertainties large ing exceptionallylarge, is reflect spread this cases, notable few a in significant, not is values low and high the between spread the cases, some While,in provided. are emissions mercury annual expected for ranges high and low estimates, emissions in uncertainties the of idea Therefore, an toprovide consistent. generally were not comparable ever wher sources, various these from Data

.S. (excluding two kilns in Puerto Rico) Rico) Puerto in kilns two (excluding .S. Whether ornotaparticularkilnburns Kiln size (clinker capacity)was not Overall, mercury emissions data, sub data, emissions mercury Overall, ardous waste from thisanalysis. exclude anykilnthatmayburnhaz analysis attemptsto conservatively ambiguous. To theextent possible, the hazardous waste was, insomecases (short) tons). was ineithermetricorU.S.customary metric tons anddata reported to EPA fact thatPCA report capacities are in mitted to EPA (even accountingfor the data inthePCA report andthatsub always consistentconsideringsimilar Separate from emissionsuncertainty, ------a. the following: mercury emissionsestimatesinclude Recommendations for improving the Recommendations unreliable. seems therefore and flaws clear some has which data TRI on relying than other estimate, this prepare to method reliable more a be to appear not does there time, this at sions, the estimate to attempt rough a admittedly is scaling b. f. e. d. c. Clear identificationofkilnsthatburn using standard methodsthataccount documented representative conditions, Completion ofsource testsunder wastes; hazardous versus non-hazardous also bereported. the appropriate detectionlimitshould is notdetectedinaparticular stream, operations ofthesystem. Ifmercury representative, relatively steady-state, system, over timeperiods thatreflect streams from thepyro-processing mercury data inallinputandoutput balance calculationsbyinclusionof Improve theabilityto conductmass transparency ofTRIdata submittals; Increase standardization and permits suchasTitleVpermits; source testsinfacility operating Inclusion ofrequirements to conduct but stilloperate very large kilns; panies thatmaybesmallerorregional while agoodstart, leftoutmanycom the larger, nationalcementcompanies, in theU.S.EPA’s attempt to focus on Obtaining thedata above from allkilns levels atthetimeoftest(s); document theunderlyingproduction emitted; suchsource testsshouldalso for allspeciesofmercury likely to be U .S. kiln mercury emis mercury kiln .S.

- - 31 Cementing a Toxic Legacy? * - X X X X X X X X X X X X X X X X X X X CKD Wasted X X X X Alkali Bypass wet wet wet wet wet wet wet wet wet wet wet wet wet long dry long dry long dry long dry long dry long dry long dry long dry long dry long dry wet long wet long Kiln Type preheater preheater preheater preheater preheater preheater preheater preheater precalciner preheater/calciner preheater/calciner 321,875 148,811 334,161 318,485 425,853 156,236 132,276 684,535 323,847 451,509 757,605 633,282 169,756 169,756 652,568 229,281 229,281 346,126 328,489 128,694 301,206 440,857 340,956 670,863 602,434 768,048 766,202 420,480 420,480 600,000 600,000 600,000 1,125,746 1,410,958 1,028,570 1,093,961 Kiln Capacity (tpy) Kiln Capacity

7.55 2.35 2.37 3.78 2.43 2.65 7.76 2.50 2.02 51.16 34.37 12.36 37.78 54.16 54.16 54.16 54.16 54.16 24.71 53.29 23.87 23.87 52.22 48.21 58.79 43.74 47.59 47.59 37.66 48.01 29.72 47.97 40.54 66.39 24.02 62.80 total feed) Hg Emissions (lb/1,000,000 tons 1 1 1 1 1 1 1 3 3 2 2 2 2 2 21 23 19 K1 39 22 20 K2 Kiln1 Kiln2 Kiln 1 Kiln 1 Kiln 1 Kiln 1 Kiln 1 Kiln 7 Kiln 2 Kiln 2 Kiln 2 Kiln 8 Kiln 9 KilnID Kiln White Cement 5 5 5 2 2 6 6 35 12 18 37 37 25 25 14 32 32 38 38 38 38 38 16 34 34 34 10 36 39 39 22 22 30 26 26 29 enced here as “FacID.” enced here FacID * Consist of data for 54 kilns where no claim of confidentiality was made by the submitting company. no claim of confidentiality 54 kilns where for * Consist of data ID number only, refer included in Appendix C, identifying particular kilns by their Facility the data provided EPA Note: ilns isting and New Cement K ercury Emissions for Ex Normalized M Appendix C Appendix 32 Cementing a Toxic Legacy? FacID 20 24 24 28 27 19 16 16 23 21 33 33 13 31 31 15 11 9 Estimated NationwideMercuryEmissions(lb/yr) Mercury EmissionFactor (lb/tpy capacity) E02-001 KilnID Kiiln 5 Kiln 4 Kiln 2 Kiln 2 Kiln 3 Kiln 1 Kiln 1 Kiln K1 8 3 5 1 1 1 1 1 Total MercuryEmissions(lb/yr) Total Capacity (tpyclinker) (lb/1,000,000 tons Hg Emissions total feed) 1,982.01 1,289.19 220.44 120.88 120.50 135.68 108.15 82.00 69.48 66.50 88.20 76.92 66.59 98.63 78.56 88.33 83.83 83.12

Kiln Capacity (tpy) 32,085,614 1,560,000 1,095,000 2,220,914 1,273,120 7,770.00 992,080 966,692 376,680 405,650 962,265 540,744 261,248 985,732 381,016 218,258 218,258 661,521 321,875 511,374 22,918 0.000 preheater/calciner preheater/calciner preheater/calciner preheater/calciner preheater/calciner preheater/calciner preheater/calciner precalciner preheater preheater preheater preheater preheater Kiln Type wet wet wet wet wet Alkali Bypass X X CKD Wasted X X X X X X X X 1625 Massachusetts Ave. NW, Suite 702 1920 L St. NW, Suite 800 Washington, DC 20036 Washington, DC 20036 Phone (202) 667-4500 Phone (202) 296-8800 Fax (202) 667-2356 Fax (202) 296-8822 www.earthjustice.org www.environmentalintegrity.org