1801ss14

SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

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

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Portland Cement Manufacturing Industry (40 CFR Part 63, Subpart LLL) (Renewal), EPA ICR Number 1801.14, OMB Control Number 2060-0416.

1(b) Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Portland Cement Manufacturing Industry (40 CFR Part 63, Subpart LLL) were proposed on March 24, 1998; promulgated on June 14, 1999; and most-recently amended on July 25, 2018, with a correction issued August 3, 2018. These regulations apply to both existing facilities and new facilities that are either a major or area source, including each of the following: kiln, including alkali bypasses and inline coal mills; clinker cooler; raw mill; finish mill; raw material dryer; or open clinker storage pile. These regulations apply to each new and existing categories of the following: raw material, clinker or finished product storage bin; conveying system transfer point including those associated with coal preparation used to convey coal from the mill to the kiln; and bagging and bulk loading and unloading system piles located at any portland cement manufacturing plant that is a major source. These regulations do not apply to cement kilns that burn hazardous waste and are subject to 40 CFR Part 63, Subpart EEE, or to cement kilns that burn non-hazardous solid waste and are subject to the requirements of 40 CFR Part 60, Subpart CCCC or 40 CFR Part 60, Subpart DDDD. New facilities include those that commenced either construction or reconstruction after the date of proposal. This information is being collected to assure compliance with 40 CFR Part 63, Subpart LLL.

In general, all NESHAP standards require initial notifications, 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 of these measurements and retain this file for at least five years following the date of such measurements, maintenance reports, and records. All reports required to be submitted electronically are submitted through the EPA's Central Data Exchange (CDX), using the Compliance and Emissions Data Reporting Interface (CEDRI), where the delegated state or local authority can review them. If there is no such delegated authority, the EPA’s regional offices can review them. All other reports are sent to either the delegated state or local authority. If there is no such delegated authority, the reports are sent directly to the EPA’s regional offices. The use of the term "Designated Administrator" throughout this document refers to the U.S. EPA or a delegated authority, such as a state agency. The term "Administrator" alone refers to the U.S. EPA Administrator. 

The “Affected Public” are either 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 Part 63, Subpart EEE, or to cement kilns that burn non-hazardous solid waste and are subject to the requirements of 40either CFR Part 60, Subpart CCCC or 40 CFR Part 60, Subpart DDDD. The ‘burden’ to the Affected Public may be found below in Table 1: Annual Respondent Burden and Cost – NESHAP for the Portland Cement Manufacturing Industry (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 may be found below in Table 2: Average Annual EPA Burden and Cost – NESHAP for the Portland Cement Manufacturing Industry (40 CFR Part 63, Subpart LLL) (Renewal). There are approximately 91 portland cement manufacturing facilities, which are owned and operated by the portland cement manufacturing industry. None of the 91 facilities in the United States are owned by either state, or local, or tribal entities or by the Federal government. They are all owned and operated by privately-owned, for-profit businesses. We assume that they will all respond to EPA inquiries.

Based on our consultations with industry representatives, there is an average of one affected facility at each plant site and each plant site has only one respondent (i.e., the owner/operator of the plant site).

Over the next three years, approximately 91 respondents per year will be subject to these standards. These respondents include 91 portland cement manufacturing plants operating approximately 91 cement kilns. Over the next three years, we expect 10% of existing equipment to be reconstructed or modified each year. During this period, we estimate no new cement kilns will be constructed at existing portland cement manufacturing plants. It is estimated that no additional respondents will become subject to these same standards over the three-year period.

The Office of Management and Budget (OMB) approved the currently active ICR with the following “Terms of Clearance”:

“Upon resubmission, the agency must update the burden estimates to accurately reflect the number of respondents and include burden estimates for State reporting and recordkeeping requirements. Ensure that burden is calculated for all of the requirements and ensure that the requirements and burden tables are consistent. The agency must provide screen shots of the mode of collection, ICIS, that is used for this information collection. In addition, the agency must have a burden statement that aligns with the requirements under 5 CFR 1320.8(b)(3) and placement of the OMB control number for on-line submissions on the initial screen per 5 CFR 1320.3(f)(2).”

In renewing the currently-approved ICR, the agency has reviewed the number of respondents in industry and updated the burden estimates accordingly. In this case, the number of respondents increased from the currently-approved ICR. There are no reporting requirements for states. ‘Burden’ has been calculated for all requirements, which are reflected in the burden tables in this supporting statement. All electronic collection in this information collection is submitted through EPA's CEDRI or ERT, as discussed in section 4(b)(i) of this document. Additional Paperwork Reduction Act requirements for CEDRI and ERT, including the burden statement and OMB control number, are available at: https://www.epa.gov/electronic-reporting-air-emissions/paperwork-reduction-act-pra-cedri-and-ert.

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, HAP emissions from the portland cement manufacturing industry either cause or contribute to air pollution that may reasonably be anticipated to endanger public health and/or welfare. Therefore, the NESHAP were promulgated for this source category at 40 CFR Part 63, Subpart LLL.

2(b) Practical Utility/Users of the Data

The recordkeeping and reporting requirements in these 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 these emission standards. Continuous emission monitors are used to ensure compliance with these same 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 these standards are used to inform the Agency or delegated authority when a source becomes subject to the requirements of these 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 these 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.

Additionally, the EPA is requiring electronic reporting for certain notifications or reports. The EPA is requiring that owners or operators of affected sources would submit electronic copies of initial notifications required in 40 CFR 63.9(b), notifications of changes in information for reclassifying area sources required in 40 CFR 63.9(j), RATA and performance test reports, and excess emissions and CEMS reports through the EPA's Central Data Exchange (CDX), using the Compliance and Emissions Data Reporting Interface (CEDRI). For excess emissions and CEMS reports, EPA has developed a template for the reporting form in CEDRI specifically for 40 CFR Part 63, Subpart LLL. For the notifications required in 40 CFR 63.9(b) and 63.9(j), owners and operators would be required to upload a PDF of the required notifications.

CEDRI includes the Electronic Reporting Tool (ERT) software, which is used by facilities to generate electronic reports of performance tests. The EPA is also requiring that 40 CFR Part 63, Subpart LLL performance test reports be submitted through the EPA’s ERT.

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

For reports required to be submitted electronically, the information is sent through the EPA's CDX, using CEDRI, where the appropriate EPA regional office can review it, as well as for state and local agencies that have been delegated authority. If a state or local agency has adopted under its own authority its own standards for reporting or data collection, adherence to those non-Federal requirements does not constitute duplication. 

For all other reports, 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 either the delegated state or local agency. If a state or local agency has adopted its own 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. 

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 (87 FR 43843) on July 22, 2022. No comments were received on the burden published in the Federal Register for this renewal.

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 these 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 91 respondents will be subject to these standards over the three-year period covered by this ICR.

Industry trade association(s) and other interested parties were provided an opportunity to comment on the burden associated with these 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 (703) 706-4800.

It is our policy to respond after a thorough review of comments received since the last ICR renewal, as well as for 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 these standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are implemented 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 these standards. The EPA believes that the five-year records retention requirement is consistent with the 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. The 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 either 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 plants. 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) 327310 for cement manufacturing.

4(b) Information Requested

(i) Data Items

In this ICR, all the data that are 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)
Notification of applicability	§63.1353(b)(1), §§63.9(b)(1)-(2)
Notification of actual startup	§63.1353(b)(1), §63.9(b)(4)(v)
Notification of construction/reconstruction	§63.1353(b)(1), §63.9(b)(5)
Request for extension of compliance	§63.1353(b)(1), §63.9(c)
Notification of special compliance requirements	§63.1353(b)(1), §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	§63.1353(b)(3), §63.6(h)(5), §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)
Notification of changes in information (reclassification to area source status or to revert to major source status) (electronic submission)	§63.9(b), §63.9(j)

Reports
Operations and maintenance plan	§63.1347
Report of performance test (electronic submission)	§§63.1354(b)(1), (11), §63.10(d)(2)
Opacity and visual emission observation	§63.1354(b)(2), §63.10(d)(3)
Progress reports	§63.1354(b)(3), §63.10(d)(4)
Reporting results of continuous monitoring system performance evaluations	§63.1354(b)(6), §63.10(e)(2)
Excess emissions and continuous monitoring system performance reports (electronic submission)	§63.1354(b)(8), §63.10(e)(3)
Reporting continuous opacity monitoring system data produced during a performance test	§63.1354(b)(7), §63.10(e)(2)
Reporting monitoring exceedance	§§63.1354(b)(8)-(10), §63.10(e)(3)
Waiver of recordkeeping and reporting requirements	§63.1355(b)(3), §63.10(f)
Semi-annual compliance report	§63.1354(b)(9)
RATA and Performance test reports (electronic submission)	§63.1354(b)(11)(i)(C)

A source must keep the following records:

Recordkeeping
All reports and notifications	§§63.1355(b)(1)-(3), §63.10(b)
Record of applicability	§63.10(b)(3)
Records for sources with continuous monitoring systems	§63.1355(c), §63.10(c)
Records of daily clinker production rates	§63.1355(e)
Operation and Maintenance Plan	§63.1343(c), §63.1346(f), §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)
Records of each startup or shutdown period subject to a standard	§63.1355(f)
Records of each malfunction that causes an affected source to fail to meet an applicable standard	§63.1355(g)
Records of each exceedance from an emissions standard	§63.1355(h)
Waiver of recordkeeping and reporting requirements	§63.1355(b)(3), §63.10(f)

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.

The rule was amended to include electronic reporting provisions on February 12, 2013. Respondents are required to use the EPA’s Electronic Reporting Tool (ERT) to develop performance test reports and submit them through the EPA’s Compliance and Emissions Data Reporting Interface (CEDRI), which can be accessed through the EPA’s Central Data Exchange (CDX) (https://cdx.epa.gov/). The ERT is an application rather than a form, and the requirement to use the ERT is applicable to numerous subparts. The splash screen of the ERT contains a link to the Paperwork Reduction Act (PRA) requirements, such as the OMB Control Number, expiration date, and burden estimate for this and other subparts. Respondents are also required to submit electronic copies of notifications and certain reports through EPA’s CEDRI. The notification is an upload of their currently required notification in portable document format (PDF) file. The excess emissions and CEMS reports are to be created using Form 5900-610 the electronic template included with this Supporting Statement. The template is an Excel spreadsheet which can be partially completed and saved for subsequent semiannual reports to limit some of the repetitive data entry. It reflects the reporting elements required by the rule and does not impose additional reporting elements. The OMB Control Number is displayed on the Welcome page of the template, with a link to an online repository that contains the PRA requirements. For purposes of this ICR, it is assumed that there is no additional ‘burden’ associated with the proposed requirement for respondents to submit the notifications and reports electronically.

Electronic copies of records may also be maintained in order to satisfy federal recordkeeping requirements. For additional information on the Paperwork Reduction Act requirements for CEDRI and ERT for this rule, see: https://www.epa.gov/electronic-reporting-air-emissions/paperwork-reduction-act-pra-cedri-and-ert.

(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 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 collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for 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

The 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.

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 these emission standards and note the operating conditions under which compliance was achieved. 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. The EPA uses ICIS for tracking air pollution compliance and enforcement by both local and state regulatory agencies, EPA’s regional offices, and EPA’s headquarters. The 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 businesses that operate Portland cement plants. The 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 these regulations. 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 at the end of this document in Table 1: Annual Respondent Burden and Cost – NESHAP for Portland Cement Manufacturing Industry (40 CFR Part 63, Subpart LLL) (Renewal).

6. Estimating the Burden and Cost of the Collection

Table 1 documents the computation of individual burdens for both 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 neither conduct nor 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 both these recordkeeping and reporting requirements is estimated to be 27,800 hours (Total Labor Hours from Table 1 below). These hours are based on Agency studies and background documents from the development of these regulations, 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 $157.61 ($75.05 + 110%)

Technical $123.94 ($59.02 + 110%)

Clerical $62.52 ($29.77 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, September 2021, “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 varying industry wage rates and the additional overhead business costs of employing workers beyond their wages and benefits, including business expenses associated with hiring, training, and equipping their employees.

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

The type of industry costs associated with the information collection activities in the subject standard(s) 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 when a facility becomes subject to these regulations. The annual operation and maintenance costs are the ongoing costs to maintain the monitor(s) and other costs such as photocopying and postage.

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

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)
Kilns Using CEMS for Compliance
Continuous emission monitoring system (CEMS) a	$604,456	0	$0	$116,459	91	$10,597,769
Initial CEMS testing b	$131,222	0	$0	N/A	N/A	N/A
Kilns With Integrated Coal Mills With Stand-Alone Stacks
Flow monitoring device for coal mills c	$35,780	0	$0	$2,589	59	$152,751
Coal mill testing	$50,800	0	$0	$0	0	$0
Totals (rounded) d			$0			$10,800,000

^a 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. These costs are derived from EPA’s CEM.xls spreadsheet, Method 321 costs from EPA, and Hg costs from 69 FR 4694 (January 30, 2004). These costs would apply only to new respondents constructing new kilns.

^b 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, and would only apply to new respondents constructing new kilns.

^c An estimated 59 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. These costs are only applicable to new respondents constructing new kilns. O&M costs for flow meters is $2,589 per year per facility. These costs are derived from 78 FR 10006 (February 2013).

^d 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 $0. This is the total of column D in the above table.

The total operation and maintenance (O&M) costs for this ICR are $10,800,000. This is the total of column G.

The average annual cost for capital/startup and operation and maintenance costs to industry over the next three years of the ICR is estimated to be $10,800,000. These are the recordkeeping costs.

6(c) Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of the reported information. The EPA's overall compliance and enforcement program includes such activities 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 $153,000.

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

Managerial $70.56 (GS-13, Step 5, $44.10 + 60%)

Technical $52.37 (GS-12, Step 1, $32.73 + 60%)

Clerical $28.34 (GS-6, Step 3, $17.71 + 60%)

These rates are from the Office of Personnel Management (OPM), 2022 General Schedule, which excludes locality rates of pay. The rates have been increased by 60 percent to account for the benefit packages available to Federal government employees. Details upon which this estimate is based appear at the end of this document in Table 2: Average Annual EPA Burden and Cost – NESHAP for Portland Cement Manufacturing Industry (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 91 existing respondents will be subject to these standards. It is estimated that no additional respondents per year will become subject to these same standards. The overall average number of respondents, as shown in the table below, is 91 per year.

The number of respondents is calculated using the following table that addresses the three years covered by this ICR:

Number of Respondents
	Respondents That Submit Reports		Respondents That Do Not Submit Any Reports
Year	(A) Number of New Respondents a	(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	9.1	91	0	9.1	91
2	9.1	91	0	9.1	91
3	9.1	91	0	9.1	91
Average	9.1	91	0	9.1	91

^a New respondents include sources with constructed and reconstructed 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 91.

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
	New, Reconstructed, Modified Sources
	Notification of construction/reconstruction a	9.1	1	0	9.1
	Notification of actual startup a	9.1	1	0	9.1
	Physical or Operational Change a	9.1	1	0	9.1
	Notification of Demonstration of CEMS a	9.1	1	0	9.1
	Notification of Opacity Observations a	9.1	1	0	9.1
	Notification of Initial Performance Test a	9.1	1	0	9.1
	Report of Initial Performance Test Results a	9.1	1	0	9.1
	Semiannual Reports b	9.1	0	0	0
	Existing Sources
	Notification of Demonstration of CEMS	91	1	0	91
	Notification of Annual Performance Test	91	1	0	91
	Report of Annual Performance Test Results	91	1	0	91
	Semiannual Reports	91	2	0	182
				Total	519
a Approximately 10% of the 91 existing sources (9.1) are expected to undergo construction, reconstruction, or modification of equipment each year, resulting in notifications and reports for testing and evaluation of CEMS/COMS systems.
b The responses for semiannual reports for modified sources are accounted for in the responses shown for semiannual reports for existing sources.

The number of Total Annual Responses is 519.

The total annual labor costs are $3,340,000. Details regarding these estimates may be found at the end of this document in Table 1: Annual Respondent Burden and Cost – NESHAP for Portland Cement Manufacturing Industry (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 at the end of this document, respectively, and summarized below.

(i) Respondent Tally

The total annual labor hours are 27,800 hours. Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost – NESHAP for Portland Cement Manufacturing Industry (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 54 hours per response.

The total annual capital/startup and O&M costs to the regulated entity are $10,800,000. 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 2,990 labor hours at a cost of $153,000; see below in Table 2: Average Annual EPA Burden and Cost – NESHAP for Portland Cement Manufacturing Industry (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

The increase in burden from the most-recently approved ICR is due to an adjustment. The adjustment increase in ‘burden ‘ from the most-recently approved ICR is due to more accurate estimates of existing and anticipated new sources. More accurate estimates were gathered using the GHG reporting database. The GHG reporting database estimates are also very similar to the portland cement manufacturing 2018 RTR, thus these estimates most accurately represent the industry landscape. There is an increase in costs, which is wholly due to the use of updated labor rates. This ICR uses labor rates from the most-recent Bureau of Labor Statistics report (September 2021) to calculate respondent burden costs. Additionally, capital and operation and maintenance costs have increased due to the increase in sources from the most-recently approved ICR.

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 54 hours per response. ‘Burden’ means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information either 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 neither conduct nor 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-OAR-2022-0016. 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. Due to COVID-19 precautions, entry to the Reading Room is available by appointment only. Please contact personnel in the Reading Room to schedule an appointment. 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-OAR-2022-0016 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 information.

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

Burden Item	(A) Hours per Occurrence	(B) Occurrences/ Respondent/ Year	(C) Hours/ Respondent/ Year (A x B)	(D) Respondents/ 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	NA
2. SURVEY AND STUDIES	NA
3.ACQUISITION, INSTALLATION, AND UTILIZATION OF TECHNOLOGY AND SYSTEMS	16	1	16	0	0	0	0	$0
4. REPORT REQUIREMENTS
A. Familiarize with regulatory requirement	1	1	1	91	91	4.55	9.1	$12,564.60
B. Required Activities
New, Reconstructed, Modified Sources - Testing c
Initial PM Performance Test (kiln and cooler)	24	2	48	9.1	437	21.84	43.68	$60,310.07
Repeat PM Performance Test	24	2	48	0.455	22	1.092	2.184	$3,015.50
Initial D/F Performance Test (kiln)	8	1	8	9.1	73	3.64	7.28	$10,051.68
Repeat D/F Performance Test	8	1	8	0.455	4	0.182	0.364	$502.58
Initial THC/HAP Performance Test (kiln and dryer)	8	2	16	9.1	146	7.28	14.56	$20,103.36
Repeat THC/HAP Performance Test	8	2	16	0.455	7	0.364	0.728	$1,005.17
Initial Hg Performance Test (kiln)	8	1	8	9.1	73	3.64	7.28	$10,051.68
Repeat Hg Performance Test	8	1	8	0.455	4	0.182	0.364	$502.58
Initial HCl Performance Test (Method 321) (kiln)	8	1	8	9.1	73	3.64	7.28	$10,051.68
Repeat HCl Performance Test	8	1	8	0.455	4	0.182	0.364	$502.58
Initial Opacity Performance Test (mills)	8	1	8	9.1	73	3.64	7.28	$10,051.68
Repeat Opacity Performance Test	8	1	8	0.455	4	0.182	0.364	$502.58
Existing Sources - Annual Testing d
Annual PM Performance Test (kiln and cooler)	24	2	48	91	4,368	218.4	436.8	$603,100.68
Repeat PM Performance Test	24	2	48	4.55	218	10.92	21.84	$30,155.03
Annual Hg Performance Test (kiln)	8	1	8	91	728	36.4	72.8	$100,516.78
Repeat Hg Performance Test	8	1	8	4.55	36	1.82	3.64	$5,025.84
Annual HCl Performance Test (Method 321) (new, modified, reconstructed kilns)	8	1	8	91	728	36.4	72.8	$100,516.78
Repeat HCl Performance Test	8	1	8	4.55	36	1.82	3.64	$5,025.84
New and Existing Sources - Monitoring e
Daily Calibration Drift Tests - Hg CEMS	0.3	330	99	91	9,009	450.45	900.9	$1,243,895.15
Monthly Opacity Checks (Method 22) (mills)	0.5	12	6	91	546	27.3	54.6	$75,387.59
C. Create Information (Included in 4B)	See 4B
D. Gather Existing Information (Included in 4E)	See 4E
E. Write Report
New, Reconstructed, Modified Sources
Notification of construction/reconstruction	2	1	2	9.1	18.2	0.91	1.82	$2,512.92
Notification of actual startup	2	1	2	9.1	18.2	0.91	1.82	$2,512.92
Physical or Operational Change	2	1	2	9.1	18.2	0.91	1.82	$2,512.92
Notification of Demonstration of CEMS	2	1	2	9.1	18.2	0.91	1.82	$2,512.92
Notification of Opacity Observations	2	1	2	9.1	18.2	0.91	1.82	$2,512.92
Notification of Initial Performance Test	2	1	2	9.1	18.2	0.91	1.82	$2,512.92
Report of Performance Tests	2	1	2	9.1	18.2	0.91	1.82	$2,512.92
Semi-Annual Reports	24	2	48	9.1	436.8	21.84	43.68	$60,310
Existing Sources
Notification of Demonstration of CEMS	2	1	2	91	182	9.1	18.2	$25,129.20
Notification of Annual Performance Test	2	1	2	91	182	9.1	18.2	$25,129.20
Report of Annual Performance Test Results	2	1	2	91	182	9.1	18.2	$25,129.20
Semi-Annual Reports	2	2	4	91	364	18.2	36.4	$50,258.39
Subtotal for Reporting Requirements					20,876			$2,506,386
5. RECORDKEEPING REQUIREMENTS
A. Familiarize with regulatory requirement	See 4A
B. Plan Activities	See 4B
C. Implement Activities	See 4B
D. Record Data	NA
E. Time to Transmit or Disclose Information
Existing Sources
Data Collection	0.1	330	33	91	3,003	150.15	300.3	$414,631.72
Records of Startups, Shutdowns, malfunctions, etc.	0.1	330	33	91	3,003	150.15	300.3	$414,631.72
New Sources
Data Collection	1.5	330	495	0	0	0	0	$0
Records of Startups, Shutdowns, malfunctions, etc.	0.1	330	33	0	0	0	0	$0
Coal mill parameter monitoring	2	4	8	0	0	0	0	$0
F. Time to Train Personnel	80	1	80	0	0	0	0	$0
G. Time for Audits	NA
Subtotal for Recordkeeping Requirements					6,907			$829,263
Total Labor Burden and Cost (rounded) f					27,800			$3,340,000
Total Capital and O&M Cost (rounded) f								$10,800,000
Grand TOTAL (rounded) f								$14,100,000
a We have assumed that there are approximately 91 respondents operating kilns and that 10% of the existing facilities will have new construction/reconstruction.
b This ICR uses the following labor rates: $157.61 ($75.05 + 110%) per hour for Executive, Administrative, and Managerial labor; $123.94 ($59.02 + 110%) per hour for Technical labor, and $62.52 ($29.77 + 110%) per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, September 2021, “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 varying industry wage rates and the additional overhead business costs of employing workers beyond their wages and benefits, including business expenses associated with hiring, training, and equipping their employees.
c New kilns test for PM, D/F, Hg, HCl, and THC or Total Organic HAP. New raw and finish mills test for opacity. New coolers test for PM. New dryers test for THC or Total Organic HAP. All times for testing include calibration of the CEMS, COMS, or CPMS (temperature, pressure drop, air flow rate, sorbent flow rate, activated carbon injection rate) monitors on this equipment. We have assumed that 5 percent of respondents would repeat initial performance test due to failure.
d The rule requires existing kilns re-test annually for PM and Hg. New kilns and kilns that were modified or reconstructed after the rule was promulgated must also re-test annually for HCl. All times for testing include calibration of the CEMS or CPMS (pressure drop, air flow rate, sorbent flow rate, activated carbon injection rate) monitors on this equipment. We have assumed that 5 percent of respondents would repeat annual performance test due to failure.
e Opacity checks are required monthly. Calibration drift checks on the air flow sensor on the Hg CEMS are performed daily.
f Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.

Table 2: Average Annual EPA Burden and Cost – NESHAP for Portland Cement Manufacturing Industry (40 CFR Part 63, Subpart LLL) (Renewal)

Activity	(A)	(B)	(C)	(D)	(E)	(F)	(G)	(H)
	EPA person- hours per occurrence	No. of occurrences per plant per year	EPA person- hours per plant per year	Plants per year a	Technical person- hours per year	Management person-hours per year	Clerical person-hours per year	Cost, $ b
			(C=AxB)		(E=CxD)	(Ex0.05)	(Ex0.1)
Initial performance tests c	24	1	24	9.1	218.4	10.9	21.8	$12,827.07
Repeat performance test d	24	1	24	0	0	0	0	$0
Report Review
Notification of construction	0.5	1	0.5	9.1	4.6	0.2	0.5	$267.23
Notification of actual startup	0.5	1	0.5	9.1	4.6	0.2	0.5	$267.23
Notification of performance test e	0.5	1.1	0.55	100	55.0	2.8	5.5	$3,230.26
Notification of Physical or Operational Change	0.5	1	0.5	9.1	4.6	0.2	0.5	$267.23
Notification of Demonstration of CEMS e	0.5	1	0.5	100	50.0	2.5	5.0	$2,936.60
Notification of Opacity Observations e	0.5	1	0.5	9.1	4.6	0.2	0.5	$267.23
Review test results/CEMS Results e	8	1	8	100	800.0	40.00	80.00	$46,985.60
Review semi-annual summary report f	8	2	16	91	1456	72.8	145.6	$85,513.79
TOTAL (rounded) g					2,990			$153,000
Assumptions:
a We have assumed that there are approximately 91 respondents with kilns and that 10% of the existing facilities will be reconstructed or modified.
b This cost is based on the following hourly labor rates: $70.56 (GS-13, Step 5, $44.10 + 60%) for Managerial, $52.37 (GS-12, Step 1, $32.73 + 60%) for Technical, and $28.34 (GS-6, Step 3, $17.71 + 60%) Clerical. These rates are from the Office of Personnel Management (OPM), 2022 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.
c We have assumed that EPA personnel will attend the initial performance tests for facilities that are re-constructed or modified, but will not attend the annual performance tests for existing facilities.
d We have assumed that 5 percent of respondents would repeat performance test due to failure, but that EPA would not attend repeat performance tests.
e Modified or reconstructed facilities conduct initial testing, and existing facilities (kilns and coolers) conduct annual testing.
f We have assumed that EPA will review two semiannual reports per year for the 91 respondents. Table 1 accounts for additional burden incurred for semiannual reporting requirements by facilities that are reconstructed or modified.
g Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.

Appendix A – Draft Electronic Reporting Template

(see Docket ID Number EPA-HQ-OAR-2022-0016)