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Jul 2011
July 21, 2011

Warner Norcross Attorneys Assist in Air Permitting New Cement Kiln

On July 19, 2011 the State of New York issued a major source permit under the Prevention of Significant Deterioration (PSD) provisions of the federal Clean Air Act (CAA) necessary for the construction near Albany, New York of a 2.8 million ton per year capacity cement kiln at Lafarge Building Material's Ravena, New York plant. 

The new kiln will replace two existing kilns constructed in 1962. Members of Warner Norcross & Judd's Environmental Law group assisted Lafarge in working through the numerous issues related to assuring that the New York permits satisfied federal CAA requirements. 

These included, for the first time in the United States, establishing Best Available Control Technology (BACT) standards for the emission of Greenhouse Gases (GHGs). As a consequence, the New York air permit for the kiln sets both legal and technical precedents under USEPA's GHG Tailoring Rule, promulgated in 2010, by imposing annual GHG  emission limitations of approximately 2.7 million tons per year and an intensity rate limitation of 0.95 tons of CO2e per ton of cement clinker produced.

New York issued the permit following opportunity for both USEPA  and the public to comment upon the proposed permitting. 

For further information about GHG permitting requirements under the Clean Air Act, please contact Steve Kohl at

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