SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Portland Cement Plants (40 CFR Part 63, Subpart LLL) (Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Portland Cement Plants (40 CFR Part 63, Subpart LLL) (Renewal), 

EPA ICR Number 1801.12, OMB Control Number 2060-0416. 

1(b) Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Portland 

Cement Plants (40 CFR Part 63, Subpart LLL) were initially proposed on March 24, 1998, and 

promulgated on June 14, 1999. Following a court-ordered remand, amendments were proposed 

on December 2, 2005, and a final rule issued on December 20, 2006 concurrently with a notice 

of reconsideration. Additional amendments were finalized on: September 9, 2010; February 12, 

2013; July 27, 2015; and September 11, 2015. The 2015 amendment removed the affirmative 

defense provision, but did not affect the pollution reduction or cost associated with the rule. 

These regulations apply to the following affected sources at each new and existing 

Portland cement plant that is a major or area source: each kiln, in-line kiln/raw mill and raw 

material dryer at these facilities, except for kilns and in-line kiln/raw mills that burn hazardous 

waste and are subject to 40 CFR Part 63, Subpart EEE. In addition, the rule applies to each new 

and existing clinker cooler; raw mill; finish mill; raw material, clinker or finished product 

storage bin; conveying system transfer point; and bagging system and bulk loading and 

unloading system at facilities that are major or area sources. This information is being collected 

to assure compliance with 40 CFR Part 63, Subpart LLL.

In general, all NESHAP standards require initial notification reports, performance tests, 

and periodic reports by the owners/operators of the affected facilities. They are also required to 

maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the 

operation of an affected facility, or any period during which the monitoring system is 

inoperative. These notifications, reports, and records are essential in determining compliance, 

and are required of all affected facilities subject to NESHAP. 

Any owner/operator subject to the provisions of this part shall maintain a file containing 

these documents, and retain the file for at least five years following the generation date of such 

maintenance reports, and records. All reports are sent to the delegated state or local authority. 

In the event that there is no such delegated authority, the reports are sent directly to the U.S.

Environmental Protection Agency (EPA) regional office.

Potential respondents are owners or operators of Portland cement manufacturing plants, 

except for kilns and in-line kiln/raw mills that burn hazardous waste and are subject to 40 CFR 
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Part 63, Subpart EEE. The “burden” to the “Affected Public” may be found below in Table 1: 

Annual Respondent Burden and Cost – NESHAP for Portland Cement Plants (40 CFR Part 63, 

Subpart LLL) (Renewal). The “burden” to the Federal Government is attributed entirely to work 

performed by either Federal employees or government contractors, and can be found below in 

Table 2: Average Annual EPA Burden and Cost – NESHAP for Portland Cement Plants (40 CFR 

Part 63, Subpart LLL) (Renewal).

Over the next three years, approximately 87 Portland cement plants with 138 nonhazardous waste cement kilns are subject to the regulation. It is estimated that 25 new kilns will 

be built over the next five years or 5 additional sources per year that will become subject to the 

regulation. All 25 new kilns are estimated to be newly constructed at existing Portland cement 

plants. Since the records and reports are maintained at the plant-level, the estimate for the 

number of respondents to this ICR is tracked at the plant-level. Although there are new kilns 

estimated at existing plants, there are no new respondents estimated during this ICR.

The Office of Management and Budget (OMB) approved the currently active ICR 

without any “Terms of Clearance”.

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

The EPA is charged under Section 112 of the Clean Air Act, as amended, to establish 

standards of performance for each category or subcategory of major sources and area sources of 

hazardous air pollutants. These standards are applicable to new or existing sources of hazardous 

air pollutants and shall require the maximum degree of emission reduction.

In addition, section 114(a) states that the Administrator may require any owner/operator 

subject to any requirement of this Act to: 

(A) Establish and maintain such records; (B) make such reports; 

(C) install, use, and maintain such monitoring equipment, and use 

such audit procedures, or methods; (D) sample such emissions (in 

accordance with such procedures or methods, at such locations, at 

such intervals, during such periods, and in such manner as the 

Administrator shall prescribe); (E) keep records on control 

equipment parameters, production variables or other indirect data 

when direct monitoring of emissions is impractical; (F) submit 

compliance certifications in accordance with Section 114(a)(3); 

and (G) provide such other information as the Administrator may

reasonably require.

In the Administrator's judgment, hazardous air pollutant (HAP) emissions from Portland 

cement manufacturing facilities either cause or contribute to air pollution that may reasonably be 

anticipated to endanger public health and/or welfare. Therefore, the NESHAP were promulgated 
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for this source category at 40 CFR Part 63, Subpart LLL.

2(b) Practical Utility/Users of the Data

The control of HAP emissions from Portland cement manufacturing facilities requires not 

only the installation of properly designed equipment, but also the operation and maintenance of 

that equipment. Emissions of HAPs from Portland cement manufacturing facilities are the result 

of operation of the affected facilities. The subject standards are achieved by the capture of 

particulate HAP emissions using fabric filters or electrostatic precipitators control, temperature 

control for the reduction of dioxins and furans (D/F), and feed selection for reduction of other 

organic HAP.

The recordkeeping and reporting requirements in the standards ensure compliance with 

the applicable regulations which were promulgated in accordance with the Clean Air Act. The 

collected information is also used for targeting inspections and as evidence in legal proceedings.

Performance tests are required in order to determine an affected facility’s initial 

capability to comply with the emission standards. Continuous emission monitors are used to 

ensure compliance with these standards at all times. During the performance test a record of the 

operating parameters under which compliance was achieved may be recorded and used to 

determine compliance in place of a continuous emission monitor.

The notifications required in the standards are used to inform the Agency or delegated 

authority when a source becomes subject to the requirements of the regulations. The reviewing 

authority may then inspect the source to check if the pollution control devices are properly 

installed and operated, leaks are being detected and repaired, and that the standards are being 

met. The performance test may also be observed.

The required semiannual reports are used to determine periods of excess emissions, 

identify problems at the facility, verify operation/maintenance procedures and for compliance 

determinations.

3. Non-duplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR Part 63, Subpart

LLL.

3(a) Non-duplication

If the subject standards have not been delegated, the information is sent directly to the 

appropriate EPA regional office. Otherwise, the information is sent directly to the delegated state 

or local agency. If a state or local agency has adopted its own similar standards to implement the 

Federal standards, a copy of the report submitted to the state or local agency can be sent to the 

Administrator in lieu of the report required by the Federal standards. Therefore, duplication does 

not exist.
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3(b) Public Notice Required Prior to ICR Submission to OMB

An announcement of a public comment period for the renewal of this ICR was published 

in the Federal Register (80 FR 32120) on June 5, 2015. No comments were received on the 

burden published in the Federal Register.

3(c) Consultations

The Agency has consulted industry experts and internal data sources to project the 

number of affected facilities and industry growth over the next three years. The primary source 

of information as reported by industry, in compliance with the recordkeeping and reporting 

provisions in the standards, is the Integrated Compliance Information System (ICIS). ICIS is 

EPA’s database for the collection, maintenance, and retrieval of compliance data for industrial 

and government-owned facilities. The growth rate for the industry is based on our consultations 

with the Agency’s internal industry experts. Approximately 87 respondents will be subject to the 

standard over the three-year period covered by this ICR.

Industry trade associations and other interested parties were provided an opportunity to 

comment on the burden associated with the standards as they were being developed and these 

same standards have been reviewed previously to determine the minimum information needed 

for compliance purposes. In developing this ICR, we contacted both the Portland Cement 

Association, at (202)408-9494; and the National Ready Mixed Concrete Association, at 

(240)485-1156.

It is our policy to respond after a thorough review of comments received since the last 

ICR renewal as well as those submitted in response to the first Federal Register notice. In this 

case, no comments were received.

3(d) Effects of Less Frequent Collection

Less-frequent information collection would decrease the margin of assurance that 

facilities are continuing to meet the standards. Requirements for information gathering and 

recordkeeping are useful techniques to ensure that good operation and maintenance practices are 

applied and emission limitations are met. If the information required by these standards was 

collected less-frequently, the proper operation and maintenance of control equipment and the 

possibility of detecting violations would be less likely.

3(e) General Guidelines

These reporting or recordkeeping requirements do not violate any of the regulations 

promulgated by OMB under 5 CFR Part 1320, Section 1320.5.

These standards require the respondents to maintain all records, including reports and 

notifications for at least five years. This is consistent with the General Provisions as applied to 

the standards. EPA believes that the five-year records retention requirement is consistent with the 
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Part 70 permit program and the five-year statute of limitations on which the permit program is 

based. The retention of records for five years allows EPA to establish the compliance history of a 

source, any pattern of non-compliance and to determine the appropriate level of enforcement 

action. EPA has found that the most flagrant violators have violations extending beyond five 

years. In addition, EPA would be prevented from pursuing the violators due to the destruction or 

nonexistence of essential records.

3(f) Confidentiality

Any information submitted to the Agency for which a claim of confidentiality is made 

will be safeguarded according to the Agency policies set forth in Title 40, chapter 1, part 2, 

Subpart B - Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, 

September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 

1978; 44 FR 17674, March 23, 1979).

3(g) Sensitive Questions

The reporting or recordkeeping requirements in the standard do not include sensitive 

questions.

4. The Respondents and the Information Requested

4(a) Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are Portland cement 

manufacturing facilities. The United States Standard Industrial Classification (SIC) code for the 

respondents affected by the standards is SIC 3241, which corresponds to the North American 

Industry Classification System (NAICS) code 32731 for Portland cement manufacturing 

facilities.

4(b) Information Requested

(i) Data Items

In this ICR, all the data that is recorded or reported is required by the NESHAP for the 

Portland Cement Manufacturing Industry (40 CFR Part 63, Subpart LLL).

A source must make the following reports:

Notifications

Notification of anticipated startup 63.1353(b)(1), 

63.9(b)(3)

Notification of applicability 63.9(b)(1&2)
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Notifications

Notification of actual startup 63.1353(b)(1), 

63.9(b)(4)

Notification of construction/reconstruction 63.9(b)(5)

Request for extension of compliance 63.9(c)

Notification of special compliance requirements 63.9(d)

Notification of initial performance test 63.1353(b)(2), 

63.9(e), 63.7(b)

Notification of opacity and visible emission observations 63.9(f)

Notification of the continuous emission monitoring performance 

evaluation

63.1353(b)(4), 

63.8(e), 63.9(g)

Notification of compliance status 63.1353(b)(5), 

63.9(h)

Adjustments to time periods or postmark deadlines for submittal and 

review of required communications

63.9(i)

Change in information already provided 63.9(j)

Reports

Operations and maintenance plan 63.1350(a)

Report of performance test 63.1354(b)(1), 

63.10(d)(2)

Opacity and visual emission observation 63.10(d)(3)

Progress reports 63.10(d)(4)

Periodic startup, shutdown, malfunction reports 63.10(d)(5)(i)

Immediate startup, shutdown, malfunction reports 63.10(d)(5)(ii)

Reporting results of continuous monitoring system performance 

evaluations

63.10(e)(2)

Excess emissions and continuous monitoring system performance report 63.10(e)(3)
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Reports

and summary report

Reporting continuous opacity monitoring system data produced during a 

performance test

63.10(e)(4)

Reporting monitoring exceedance 63.1354(b)(8)-

(10), 63.10(e)(5)

Waiver of recordkeeping and reporting requirements 63.10(f)

A source must keep the following records:

Recordkeeping

All reports and notifications 63.1355(b)(1)-(3), 

63.10(b)

Startups, shutdowns, malfunctions, periods where the continuous 

monitoring system is inoperative

63.10(b)(2)

Record of applicability 63.10(b)(3)

Records for sources with continuous monitoring systems 63.1355(c), 63.10(c)

Records for cement dust kilns (CDK) 63.1355(d)

Operation and Maintenance Plan 63.1346(f), 

63.1343(c), 63.6(e)

Records are required to be retained for five (5) years. The first two (2) 

years of records must be retained at the facility. 

63.1355(a), 

63.10(b)(1)

Electronic Reporting

Some of the respondents are using monitoring equipment that automatically records 

parameter data. Although personnel at the affected facility must still evaluate the data, internal 

automation has significantly reduced the burden associated with monitoring and recordkeeping at 

a plant site.

(ii) Respondent Activities

Respondent Activities

Familiarization with the regulatory requirements.

Install, calibrate, maintain, and operate CMS for: 1) opacity; 2) to record the temperature of 
8

Respondent Activities

the exhaust gases to monitor D/F; 3) to record the rate of carbon injection and the carrier gas 

parameter, if using activated carbon injection to control D/F; and 4) to measure Total 

Hydrocarbons (THC), if applicable.

Perform initial performance test, Reference Method 5 test for Particulates, Method 9 test for 

Opacity, Method 23 test for dioxin/furans (D/F), and Performance Specification 8A of 

Appendix B to Part 60 for THC, Method 25A test for THC, Method 321 test for HCL, Method 

30B test for Hg, if applicable. Repeat performance tests, if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and 

systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and 

maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and 

providing information.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

5. The Information Collected: Agency Activities, Collection Methodology, and Information 

Management

5(a) Agency Activities

EPA conducts the following activities in connection with the acquisition, analysis, 

storage, and distribution of the required information:

Agency Activities

Observe initial performance tests and repeat performance tests, if necessary.

Review notifications and reports, including performance test reports, and excess emissions 

reports, required to be submitted by industry.

Audit facility records.
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Agency Activities

Input, analyze, and maintain data in the Enforcement and Compliance History Online (ECHO) 

and ICIS. 

5(b) Collection Methodology and Management

Following notification of startup, the reviewing authority could inspect the source to 

determine whether the pollution control devices are properly installed and operated. Performance 

test reports are used by the Agency to discern a source’s initial capability to comply with the 

emission standard. Data and records maintained by the respondents are tabulated and published 

for use in compliance and enforcement programs. The semiannual reports are used for problem 

identification, as a check on source operation and maintenance, and for compliance 

determinations.

Information contained in the reports is reported by state and local governments in the 

ICIS Air database, which is operated and maintained by EPA's Office of Compliance. ICIS is 

EPA’s database for the collection, maintenance, and retrieval of compliance data for industrial 

and government-owned facilities. EPA uses ICIS for tracking air pollution compliance and 

enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters.

EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner/operator for five 

years.

5(c) Small Entity Flexibility

There is a distribution of business sizes for the business that operate Portland cement 

plants. A majority of the respondents are large entities (i.e., large businesses). However, the 

impact on small entities (i.e., small businesses) was taken into consideration during the 

development of the regulation. One consideration in the development of the final rule was that 

the size of the business does not necessarily correlate with emissions potential. Even a small 

entity can and does operate cement kilns that emit large quantities of HAP. Due to technical 

considerations involving the process operations and the types of control equipment employed, 

the recordkeeping and reporting requirements are the same for both small and large entities. 

The Agency considers these to be the minimum requirements needed to ensure compliance and, 

therefore, cannot reduce them further for small entities. To the extent that larger businesses can 

use economies of scale to reduce their burden, the overall burden will be reduced.

5(d) Collection Schedule

The specific frequency for each information collection activity within this request is 

shown below in Table 1: Annual Respondent Burden and Cost – NESHAP for Portland Cement 

Plants (40 CFR Part 63, Subpart LLL) (Renewal).
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6. Estimating the Burden and Cost of the Collection

Table 1 documents the computation of individual burdens for the recordkeeping and 

reporting requirements applicable to the industry for the subpart included in this ICR. The 

individual burdens are expressed under standardized headings believed to be consistent with the 

concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and 

major assumptions have been identified. Responses to this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to respond to, a 

collection of information unless it displays a currently valid OMB Control Number.

6(a) Estimating Respondent Burden

The average annual burden to industry over the next three years from these recordkeeping 

and reporting requirements is estimated to be 59,600 hours (Total Labor Hours from Table 1

below). These hours are based on Agency studies and background documents from the 

development of the regulation, Agency knowledge and experience with the NESHAP program, 

the previously approved ICR, and any comments received.

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

This ICR uses the following labor rates: 

Managerial $129.93 ($61.87+ 110%)

Technical $103.97 ($49.51 + 110%)

Clerical $51.79 ($24.66 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, June 

2014, “Table 2. Civilian Workers, by occupational and industry group.” The rates are from 

column 1, “Total compensation.” The rates have been increased by 110 percent to account for 

the benefit packages available to those employed by private industry.

(ii) Estimating Capital/Startup and Operation and Maintenance Costs

The type of industry costs associated with the information collection activities in the 

subject standard are both labor costs which are addressed elsewhere in this ICR and the costs 

associated with continuous monitoring. The capital/startup costs are one-time costs incurred 

when a facility becomes subject to the regulation. The annual operation and maintenance costs 

are the ongoing costs required to maintain the monitor(s) and such other costs as photocopying 

and postage.
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(iii) Capital/Startup vs. Operation and Maintenance (O&M) Costs

The annual total capital (including startup) cost for CEMS will be used to monitor THC, 

Hg, HCl, and PM (plus flow CEMS) is $604,456 per kiln. The annual O&M costs for CEMS for 

these parameters is $116,459 per kiln per year (costs derived from EPA’s CEM.xls spreadsheet, 

Method 321 costs from EPA, and Hg costs from 69FR4694). 

It is anticipated that new kilns will use CEMS for compliance with the THC, Hg, HCl (or 

Method 321 for scrubber-equipped kilns), and PM emission limits. The initial CEMS testing cost 

is estimated to be $131,222 per kiln. 

An estimated 26 kilns have integrated coal mills with stand-alone stacks. For these kilns, 

the capital costs are estimated at $35,780 per kiln for purchase and installation of a flow 

monitoring device, and $50,800 per kiln for HCl, THC, and Hg testing. O&M costs for flow 

meters is $2,589 per year per facility. 

Capital/Startup vs. Operation and Maintenance (O&M) Costs

(A)

Continuous 

Monitoring Device

(B)

Capital/Startup 

Cost for One 

Respondent

(C)

Number of 

New

Respondents 

(D)

Total 

Capital/Startup 

Cost, (B X C)

(E)

Annual O&M 

Costs for One 

Respondent

(F)

Number of 

Respondents

with O&M

(G)

Total O&M,

(E X F)

Continuous 

Emission Monitors $604,456 5 $3,022,280 $116,459 138 $16,071,342

Initial CEMS testing $131,222 5 $656,110

Flow monitoring 

device for coal mills $35,780 0 $0 $2,589 26 $67,314

Coal mill testing $50,800 0 $0

TOTAL $3,680,000 $16,100,000

Note: Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.

The total capital/startup costs for this ICR are $3,680,000. This is the total of column D 

in the above table. 

The total operation and maintenance (O&M) costs for this ICR are $16,100,000. This is 

the total of column G. 

The average annual cost for capital/startup and operation and maintenance costs 

to this industry over the next three years of the ICR is estimated to be $19,800,000. These are 

recordkeeping costs.

6(c) Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of the reported
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information. EPA's overall compliance and enforcement program includes activities such as the 

examination of records maintained by the respondents, periodic inspection of sources of 

emissions, and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is estimated to be 

$97,500.

This cost is based on the average hourly labor rate as follows:

Managerial $62.90 (GS-13, Step 5, $39.31 + 60%) 

Technical $46.67 (GS-12, Step 1, $29.17 + 60%)

Clerical $25.25 (GS-6, Step 3, $15.78 + 60%)

These rates are from the Office of Personnel Management (OPM), 2014 General Schedule,

which excludes locality rates of pay. The rates have been increased by 60 percent to account for 

the benefit packages available to government employees. Details upon which this estimate is 

based appear below in Table 2: Average Annual EPA Burden and Cost – NESHAP for Portland 

Cement Plants (40 CFR Part 63, Subpart LLL) (Renewal).

6(d) Estimating the Respondent Universe and Total Burden and Costs

Based on our research for this ICR, on average over the next three years, approximately

87 existing respondents with 133 non-hazardous waste cement kilns will be subject to the 

standard. It is estimated that an additional 5 kilns per year will become subject. The overall 

average number of respondents, as shown in the table below, is 87 per year. 

Growth in this sector was estimated using data compiled by the Portland Cement 

Association showing capacity expansion estimates for the industry. Using this information it is 

estimated that an additional 25 new Portland cement kilns will become subject to the regulation 

over the five-year NESHAP review period. All new kilns are estimated to be newly constructed 

at existing Portland cement plants.

The number of respondents is calculated using the following table that addresses the three 

years covered by this ICR:
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Number of Respondents

Respondents That Submit Reports Respondents That Do 

Not Submit Any Reports

Year

(A)

Number of New 

Respondents 1

(B)

Number of 

Existing 

Respondents

(C)

Number of Existing

Respondents that keep 

records but do not 

submit reports

(D)

Number of 

Existing 

Respondents That 

Are Also New

Respondents

(E)

Number of 

Respondents

(E=A+B+C-D)

1 5 87 0 5 87

2 5 87 0 5 87

3 5 87 0 5 87

Average 5 87 0 5 87

1

New respondents include sources with constructed, reconstructed and modified affected facilities.

Column D is subtracted to avoid double-counting respondents. As shown above, the 

average Number of Respondents over the three year period of this ICR is 87. 

The total number of annual responses per year is calculated using the following table: 

Total Annual Responses

(A)

Information Collection Activity

(B)

Number of 

Respondents

(C)

Number of 

Responses

(D)

Number of Existing 

Respondents That 

Keep Records But Do 

Not Submit Reports

(E)

Total Annual Responses

E=(BxC)+D

Notification of 

construction/reconstruction

13.7 1 0 13.7

Notification of actual startup 13.7 1 0 13.7

Physical or Operational Change 13.7 1 0 13.7

Notification of Demonstration of 

CEMS

13.7 1 0 13.7

Notification of Initial 

Performance Test

13.7 1 0 13.7

Report of Performance Test 13.7 1 0 13.7

Report of Semi-Annual Reports 87 2 0 174

Total 256

The number of Total Annual Responses is 256. 

The total annual labor costs are $5,990,000. Details regarding these estimates may be 
14

found below in Table 1: Annual Respondent Burden and Cost – NESHAP for Portland Cement 

Plants (40 CFR Part 63, Subpart LLL) (Renewal).

6(e) Bottom Line Burden Hours and Cost Tables

The detailed bottom line burden hours and cost calculations for the respondents and the 

Agency are shown in Tables 1 and 2 below, respectively, and summarized below.

(i) Respondent Tally

The total annual labor hours are 59,600 hours. Details regarding these estimates may be 

found below in Table 1: Annual Respondent Burden and Cost – NESHAP for Portland Cement 

Plants (40 CFR Part 63, Subpart LLL) (Renewal).

We assume that burdens for managerial tasks take 5% of the time required for technical 

tasks because the typical tasks for managers are to review and approve reports. Clerical burdens 

are assumed to take 10% of the time required for technical tasks because the typical duties of 

clerical staff are to proofread the reports, make copies and maintain records.

Furthermore, the annual public reporting and recordkeeping burden for this collection of 

information is estimated to average 233 hours per response.

The total annual capital/startup and O&M costs to the regulated entity are $19,800,000.

The cost calculations are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and 

Maintenance (O&M) Costs.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 

2,140 labor hours at a cost of $97,500. See (below) Table 2: Average Annual EPA Burden and 

Cost – NESHAP for Portland Cement Plants (40 CFR Part 63, Subpart LLL) (Renewal).

We assume that burdens for managerial tasks take 5% of the time required for technical 

tasks because the typical tasks for managers are to review and approve reports. Clerical burdens 

are assumed to take 10% of the time required for technical tasks because the typical duties of 

clerical staff are to proofread the reports, make copies and maintain records.

6(f) Reasons for Change in Burden

There is an overall decrease in burden as currently identified in the OMB Inventory of 

Approved Burdens. This decrease is not due to any program changes. The change in the burden 

and cost estimates occurred because the standards have been in effect for more than three years 

and the requirements are different during initial compliance (new facilities) as compared to ongoing compliance (existing facilities). The previous ICR reflected those burdens and costs 

associated with the initial activities for subject facilities. This includes purchasing monitoring 
15

equipment, conducting performance tests and establishing recordkeeping systems. This ICR, by

in large, reflects the on-going burden and costs for existing facilities. Activities for existing 

source include continuously monitoring of pollutants and the submission of semiannual reports.

In addition, we have updated the number of respondents from 100 to 87 using the most recent 

data available. The overall result in a decrease in the number of responses, labor hours, and costs 

(including capital and O&M cost). 

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information 

is estimated to average 233 hours per response. Burden means the total time, effort, or financial 

resources expended by persons to generate, maintain, retain, or disclose or provide information 

to or for a Federal agency. This includes the time needed to review instructions; develop, 

acquire, install, and utilize technology and systems for the purposes of collecting, validating, and 

verifying information, processing and maintaining information, and disclosing and providing 

information; adjust the existing ways to comply with any previously applicable instructions and 

requirements; train personnel to be able to respond to a collection of information; search data 

sources; complete and review the collection of information; and transmit or otherwise disclose 

the information.

An agency may not conduct or sponsor, and a person is not required to respond to, a 

collection of information unless it displays a valid OMB Control Number. The OMB Control 

Numbers for EPA regulations are listed at 40 CFR Part 9 and 48 CFR Chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided 

burden estimates, and any suggested methods for minimizing respondent burden, including the 

use of automated collection techniques, EPA has established a public docket for this ICR under 

Docket ID Number EPA-HQ-OECA-2013-0337. An electronic version of the public docket is 

available at http://www.regulations.gov/, which may be used to obtain a copy of the draft 

collection of information, submit or view public comments, access the index listing of the 

contents of the docket, and to access those documents in the public docket that are available 

electronically. When in the system, select “search,” then key in the docket ID number identified 

in this document. The documents are also available for public viewing at the Enforcement and 

Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), WJC West, 

Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public 

Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 

holidays. The telephone number for the Reading Room is (202) 566-1744, and the telephone 

number for the docket center is (202) 566-1752. Also, you can send comments to the Office of 

Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, 

Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID 

Number EPA-HQ-OECA-2013-0337 and OMB Control Number 2060-0416 in any

correspondence. 

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in collecting this 
16

information.
17

Table 1: Annual Respondent Burden and Cost – NESHAP for Portland Cement Plants (40 CFR Part 63, Subpart LLL) 

(Renewal)

Burden Item

(A)

Hours per 

Occurrence

(B)

Occurrence 

per 

Respondent

/Year

(C)

Hours/ 

Respondent/ 

Year 

(A x B)

(D)

Respondent/

Yeara

(E)

Technical 

Hours/

Year 

(C x D)

(F) 

Managerial 

Hours/

Year 

(E x 0.05)

(G) 

Clerical 

Hours/

Year 

(E x 

0.10)

(H)

Cost/ Yearb

1. APPLICATIONS (Not Applicable)

2. SURVEY AND STUDIES (Not Applicable)

3.ACQUISITION, INSTALLATION, AND 

UTILIZATION OF TECHNOLOGY AND 

SYSTEMS

16 1 16 5 80 4 8 $9,251.64 

4. REPORT REQUIREMENTS

A. Familiarize with regulatory requirement 1 1 1 87 87 4.35 8.7 $10,061.16 

B. Required Activities

Existing Sources

Initial Performance Test 24 1 24 8.7 208.8 10.44 20.88 $24,146.78 

Reference Method 321 Test 8 1 8 8.7 69.6 3.48 6.96 $8,048.93 

Repeat Performance Test 

(assumes 10% repeat test) 24 1 24 1 24 1.2 2.4 $2,775.49 

Initial THC Performance Test 8 1 8 8.7 69.6 3.48 6.96 $8,048.93 

Repeat THC Performance Test 8 1 8 1 8 0.4 0.8 $925.16 

Initial Hg Performance Test 40 1 40 8.7 348 17.4 34.8 $40,244.63 

Repeat Hg Performance Test 8 1 8 1 8 0.4 0.8 $925.16 

Initial HCl Performance Test 16 1 16 8.7 139.2 6.96 13.92 $16,097.85 

Repeat HCl Performance Test 16 0.2 3.2 1 3.2 0.16 0.32 $370.07 

Initial PM CEMS Performance 

Specification 11 40 0.2 8 8.7 69.6 3.48 6.96 $8,048.93 

Repeat PM CEMS Performance 

Specification 11 40 0.2 8 1 8 0.4 0.8 $925.16 

CEMS Monitoring 0.5 1 0.5 138 69 3.45 6.9 $7,979.54 

CEMS Quarterly Inspections 2 4 8 138 1,104 55.2 110.4 $127,672.63 
18

CEMS Daily Calibration Drift Tests 0.3 330 99 138 13,662 683.1 1366.2 $1,579,948.82

Daily monitoring (CEMS)248 138 1,104 55.2 110.4 $127,672.63 

All CEMS must follow appropriate 

performance specifications 0.3 330 99 138 13,662 683.1 1366.2 $1,579,948.82

New Sources

Initial Performance Test 0.3 330 995 495 24.75 49.5 $57,244.52 

Reference Method 321 Test8185 4024 $4,625.82 

Repeat Performance Test 

(assumes 10% repeat test)

81818 0.4 0.8 $925.16 

Initial THC Performance Test 241 245 1206 12 $13,877.46 

Repeat THC Performance Test81818 0.4 0.8 $925.16 

Initial Hg Performance Test8185 4024 $4,625.82 

Repeat Hg Performance Test 401 401 4024 $4,625.82 

Initial HCl Performance Test0005000 $0.00 

Repeat HCl Performance Test 161 161 16 0.8 1.6 $1,850.33 

Initial PM CEMS Performance 

Specification 11 16 0.2 3.2

5 16 0.8 1.6 $1,850.33 

Repeat PM CEMS Performance 

Specification 11 40

1 401 4024 $4,625.82 

CEMS Monitoring 40 0.285 4024 $4,625.82 

CEMS Quarterly Inspections 0.51 0.55 2.5 0.13 0.25 $289.11 

CEMS Daily Calibration Drift Tests2485 4024 $4,625.82 

Daily monitoring (CEMS)2485 4024 $4,625.82 

All CEMS must follow appropriate 

performance specifications 0.3 330 99

5 495 24.75 49.5 $57,244.52 

C. Create Information (Included in 4B)

D. Gather Existing Information 

(Included in 4E)

E. Write Report

Existing Sources

Notification of construction/reconstruction212 8.7 17.4 0.87 1.74 $2,012.23 

Notification of actual startup212 8.7 17.4 0.87 1.74 $2,012.23 

Physical or Operational Change212 8.7 17.4 0.87 1.74 $2,012.23 

Notification of Demonstration of CEMS212 8.7 17.4 0.87 1.74 $2,012.23 
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Report of Performance Test 

(included in 4B)

Notification of Initial Performance Test212 8.7 17.4 0.87 1.74 $2,012.23 

Report of Performance Test212 8.7 17.4 0.87 1.74 $2,012.23 

Report of Semi-Annual Reports224 87 348 17.4 34.8 $40,244.63 

New Sources

Notification of construction/reconstruction2125 10 0.51 $1,156.46 

Notification of actual startup2125 10 0.51 $1,156.46 

Physical or Operational Change2125 10 0.51 $1,156.46 

Notification of Demonstration of CEMS2125 10 0.51 $1,156.46 

Report of Performance Test 

(included in 4B)

Notification of Initial Performance Test2125 10 0.51 $1,156.46 

Report of Performance Test2125 10 0.51 $1,156.46 

Report of Semi-Annual Reports 242 485 240 12 24 $27,754.92 

Subtotal for Reporting Requirements 37,854 $3,806,691 

5. RECORDKEEPING REQUIREMENTS

A. Familiarize with regulatory requirement 

(Included in 4A)

B. Plan Activities (Included in 4B)

C. Implement Activities (Included in 4B)

D. Record Data ( Not Applicable)

E. Time to Transmit or Disclose Information

Existing Sources

Data Collection 0.1 330 33 138 4,554 227.7 455.4 $526,649.61 

Records of Startups, Shutdowns, 

malfunctions, etc 0.1 330 33 138 4,554 227.7 455.4 $526,649.61 

New Sources

Data Collection 1.5 330 4955 2,475 123.75 247.5 $286,222.61 

Records of Startups, Shutdowns, 

malfunctions, etc 0.1 330 33

5 165 8.25 16.5 $19,081.51 

Coal mill parameter monitoring248 26 208 10.4 20.8 $24,054.26 
20

F. Time to Train Personnel 80 1 80 87 6,960 348 696 $804,892.68 

G. Time for Audits (Not Applicable)

Subtotal for Recordkeeping Requirements 21,753 $2,187,550 

TOTAL ANNUAL LABOR BURDEN AND 

COST c 59,600 $5,990,000 

Total Capital and O&M Cost c$19,800,000 

GRAND TOTAL c$25,800,000 

a

 We have assumed that there are approximately 87 respondents, 10% of the 87 existing facilities (8.7 facilities) will have new construction/reconstruction, and 5 

new Portland cement kilns per year will be required to complete performance tests and new/revised reports over the next three years.

b

 This ICR uses the following labor rates: $129.93 per hour for Executive, Administrative, and Managerial labor; $103.97 per hour for Technical labor, and 

$51.79 per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, June 2014 “Table 2. Civilian workers, 

by occupational and industry group.” The rates are from column 1, “Total compensation.” The rates have been increased by 110 percent to account for the 

benefit packages available to those employed by private industry.

c

 Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.
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Table 2: Average Annual EPA Burden and Cost – NESHAP for Portland Cement Plants (40 CFR Part 63, Subpart LLL) 

(Renewal)

Activity

(A) (B) (C) (D) (E) (F) (G) (H)

EPA 

personhours per 

occurrence

No. of 

occurrences 

per plant 

per year

EPA 

personhours 

per 

plant 

per year

Plants 

per 

year 

a

Technical 

personhours per 

year

Management 

person-hours 

per year

Clerical 

personhours per 

year

Cost, $ b

(C=AxB) (E=CxD) (Ex0.05) (Ex0.1)

Initial performance tests c24 1 24 13.7 328.8 16.4 32.9 $17,209.

39 

Repeat performance test d24 0.2 4.8 1 4.8 0.2 0.5 $251.23 

Report Review

Notification of construction 0.5 1 0.5 13.7 6.9 0.3 0.7 $358.53 

Notification of actual startup 0.5 1 0.5 13.7 6.9 0.3 0.7 $358.53 

Notification of performance test c0.5 1.1 0.55 13.7 7.5 0.4 0.8 $394.38 

Notification of Physical or 

Operational Change 0.5 1 0.5 13.7 6.9 0.3 0.7 $358.53 

Review test results/CEMS Results 8 1 8 13.7 109.6 5.48 10.96 $5,736.4

6 

Review semi-annual summary report 8 2 16 87 1392 69.6 139.2 $72,857.

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Subtotals Labor Burden and Cost 1,863.29 93.2 186.3 $97,524.

34 

TOTAL ANNUAL BURDEN AND 

COST (rounded) e 2,140 $97,500 

Assumptions:

a

 We have assumed that there are approximately 87 respondents, 10% of the 87 existing facilities (8.7 facilities) will have new construction/reconstruction, and 5 

new Portland cement kilns per year will be required to complete performance tests and new/revised reports over the next three years.
22

b

 This cost is based on the following hourly labor rates times a 1.6 benefits multiplication factor to account for government overhead expenses: $62.90 for 

Managerial (GS-13, Step 5, $39.31 x 1.6), $46.67 for Technical (GS-12, Step 1, $29.17 x 1.6) and $25.25 Clerical (GS-6, Step 3, $15.78 x 1.6). These rates are 

from the Office of Personnel Management (OPM) “2014 General Schedule” which excludes locality rates of pay.

c

 We have assumed that it will take twenty-four hours for each new respondent to perform the initial performance test.

d

 We have assumed that 10 percent of respondents would repeat performance test due to failure.

e

 Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.