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MEMO to Docket

DATE: January 30, 2015

SUBJECT: Telephone conversation on Portland Cement Subpart LLL

In attendance: Keith Barnett, US EPA 

Carrie Yonley, P.E., Vice President, Schreiber, Yonley & Associates/A Trinity 

Consultants Company

Ms. Yonley asked some clarifying questions on the regulatory text for subject rule. These questions

(some of which were also asked by other commenters) produced clarifications that were added to 

the amendments, to be promulgated in April 2015. These issues are as follows:

1. 63.1348(a) NOTE: Ms. Yonley asked if this note implied that you must complete the 

performance test prior to or on the compliance date. We received this question via telephone 

as well from another requestor. The answer is in the Response to Comment document, number 

23, and is copied here:

“Several commenters through telephone communications (as recorded in the final docket) have 

requested clarification on the Note for Paragraph (a) of Section 63.1348 relative to whether you must 

complete the performance test prior to or on the compliance date. Also the commenters seek 

clarification on the actual compliance date, since the general provisions under 63. 7 allows 180 days 

after the compliance date to show compliance. 

RESPONSE: The source must perform Relative Accuracy Test Audits (RATA) for the CPMS or CEMS 

before the compliance date, since according to 63.1351(c), the compliance date for existing sources for 

all the requirements that become effective on February 12, 2013 (except for the open clinker pile 

requirements) will be September 9, 2015. The Note to paragraph (a) was to provide clarification that a 

source’s 30 day operating day performance test could start the day after the effective date, so that the 

rolling averages would begin to be developed following the first monitoring day after the compliance 

date. 40 CFR 63.7 does give the source 180 days to demonstrate compliance, however existing sources 

are expected to be operating in compliance on the effective date of the rule. It is expected that 

existing sources have procured their monitoring equipment and done their RATA for each emission 

source and is confident that they are in compliance on the compliance date.”

2. 63.1348(b)(iii). This section did not make it clear that startup and shutdown was not to be 

included in data recorded and calculations used to report emissions. Startup and shutdown 

exemption was inadvertently omitted from this section, from the 2013 rule, and thus has been 

added.
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3. Does the dioxin temperature limit during startup/shutdown still apply because we no longer 

require monitoring during startup and shutdown? This question is also covered in the Response 

to Comment document, number 24: 

“Dioxin Testing Temperature Limit During Startup/Shutdown

One commenter as listed in the docket, requested clarification that the temperature limit as listed in 

Section 63.1343(a), footnote (2), still applies during startup/shutdown situations.

RESPONSE: The temperature shown in footnote (2) to Table 1 under Section 63.1343(a) is a decision 

point and ultimately a parametric limit measured during the performance test, whereby if the average 

temperature at the first PM control device inlet during the performance test is 400 degrees F or less, the 

limit is 0.40 ng/dscm (TEQ), but if it is greater than 400 degrees F, the limit is 0.20 ng/dscm (TEQ). The 

source must then comply with the limit recorded during that performance test. Once the limits are set 

during the dioxin compliance test, they apply at all times, and thus, to assure compliance, the 

temperature operating limit is to be continually monitored during startup and shutdown.”

4. Does the cement kiln dust annual records requirement (Section 63.1355(d)) still apply?

No, we are removing this requirement. This is covered in the Response to Comment document, 

number 10:

“Out of date regulation under 40 CFR 63.1355(d)

Commenter 0861 stated that the rule contains an out of date requirement to keep annual records of the 

amount of cement kiln dust (CKD) removed from the system. This requirement is no longer valid since 

the new rule utilizes mercury controls and compliance demonstrations for meeting the new mercury 

limit, and thus the CKD records are not relevant.

RESPONSE: The EPA agrees that 40 CFR 63.1355(d) is no longer relevant since the final rule utilizes 

mercury controls and the CKD records are not needed when compliance entails the procedures required 

in 63.1350, and thus is removing this requirement from the final rule.”