MEMORANDUM

TO:  Cement Kiln MACT Administrative Record

FROM:  Steven Silverman, OGC

RE:  Telephone Conversation with David Novello (counsel for Portland
Cement Ass’n)

	On December 4, I had a brief telephone conversation with David Novello,
counsel for the Portland Cement Ass’n regarding the issue of a
potential new source standard for mercury.  Mr. Novello argued that EPA
could adopt a standard of 120 ug/dscm, transferred from the hazardous
waste – burning cement kiln MACT rule since it is a level of
performance achieved by cement kilns.  I pointed out that the level
reflects control of mercury levels in hazardous wastes burned by the
cement kilns, and hence not applicable to cement kilns that don’t burn
hazardous waste.  The 120 ug/dscm level is also higher than uncontrolled
mercury emission levels from almost all non-hazardous waste burning
cement kilns, and so could not form the basis of a new source floor
standard which must reflect the performance of the best controlled
similar source.  

