N.Y. Comp. Codes R. & Regs. tit. 6, § 220-1.6 – Gaseous emissions from kiln stacks.

(a) The owner or operator of a portland cement kiln may purchase and use fuel with a sulfur content exceeding the fuel sulfur limitations required by Subpart 225-1 of this Title, provided that the burning of such fuel will not result in emissions of sulfur compounds (expressed as sulfur dioxide) to the outdoor atmosphere at a rate greater than would result through the use of fuels otherwise mandated by Subpart 225-1.
(b) The owner or operator of a portland cement kiln must submit a reasonably available control technology (RACT) analysis to the department for emissions of oxides of nitrogen (NO_x) from the kiln that proposes a RACT emission limit(s), and identifies the procedures and monitoring equipment to be used to demonstrate compliance with the proposed RACT emission limit(s). The RACT emissions limit(s) shall be expressed in pounds of NO_x per ton of clinker produced.
1. (1) By December 1, 2010 the owner or operator of a portland cement kiln that was in operation prior to the effective date of this Subpart must submit a RACT analysis, and an application for a permit modification in accordance with the provisions of Subpart 201-6 of this Title unless the existing NO_x control equipment and emission limit(s) are determined to be RACT. RACT, as approved by the department, must be implemented by July 1, 2012.
2. (2) The owner or operator of a portland cement kiln that was not in operation prior to the effective date of this Subpart must submit a RACT analysis prior to start up of the kiln. RACT, as approved by the department, must be implemented upon start up.
3. (3) RACT analyses must include the available NO_x control technologies, the projected effectiveness of the technologies considered, the costs for installation and operation for each of the technologies, and the technology and the appropriate emission limit(s) selected as RACT considering the costs for installation and operation of the technology. For a portland cement kiln that was in operation prior to the effective date of this Subpart and for which the existing NO_x control equipment has been determined to not be RACT, the RACT analysis must also include a schedule for installation of control equipment.
4. (4) Approved RACT determinations will be submitted by the department to the United States Environmental Protection Agency for approval as separate State Implementation Plan revisions.
(c) The owner or operator of a portland cement kiln may opt to comply with subdivision (b) of this section and section 220-1.7(c) of this Subpart by shutting down the kiln. An owner or operator choosing this option shall submit an application for a federally enforceable permit modification by December 1, 2010 wherein the owner or operator commits to permanently shut down the kiln by July 1, 2012.