UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

RESEARCH TRIANGLE PARK, NC 277'I'I

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OFFICE OF

AIR OUALITY PLANNING

Mr. AND STANDARDS John R. Hughes

Eramet Marrietta, lnc.

16705 Street Route #7 South

Marietta, Ohio 45750-0299

Re: Requirement to provide information according to Title 42 of the United States Code,

Chapter 85, Subchapter I, Part A, section 7414 (42 U.S.C 7414)

Dear Mr. Hughes:

Pursuant to sèction 114 of the Clean Air Act (CAA), the U.S. Environmental Protection

Agency (EPA) is requesting that you provide the information requested in Enclosure 1 to this

letter and perform source testing as described below and in Enclosure 2 to this letter. We

request that you return the response to Enclosure 1 by July 30, 2010. We also request that you

submit the test results as described below and in Enclosure 2 by August 31, 2010.

The emission sources to be tested at your facility are listed below. In cases where more

than one source at your plant may be a candidate for testing, please use the following criteria to

select the tested unit.

The unit is currently operating (or will be operating in the next 3 months)

The unit processes the dominant or major product (for example, if the source produces

both Si and FeSi, and Si is the major product, then that unit should be processing Si)

The unit should have the highest or second highest throughput rate

The air pollution control device for the unit is operating normally.

If you believe that certain sources are representative of the other sources and that testing a

subset of the sources could be done and used to provide data and information that would apply to

other, untested sources, EPA is willing to consider a proposal from you to do representative

testing. Such a proposal would need to show a similarity in raw materials, process equipment,

emission control device, and equipment size between the sources and be approved by EPA in

writing.

Sources to be tested at Eramet Marietta

1. Scrubber controlling No. 12 electric arc fumace, when it comes back on-line in the

summer of 2010.

2. Coal used as raw material for No. 12 electric arc fumace.

lntemet Address (URL) . htþ:/Arvww.epa.gov

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3. Fabric filter controlling the metal oxygen refining unit.

4' Uncontrolled vent stack (one of four) from No. 18 electric arc furnace (if operational) 5. Fabric filter controlling the product crushing system

Enclosure 2 provides additional information on pollutants to be tested, test procedures

and methods, data reporting requirements and submittaiprocedures, and contact information for questions.

Enclosure 3 contains a summary of our legal authority in section 114 of the CAA to

obtain the information that is now being requested. If you bé[eve that providing any specific

information to us would reveal confidential information that is either a-trad.esecret or

confidential business information (CBI), please identify this information clearly in the test report

that you submit in response to this request. En rlosure 3 describes the type of information that EPA may ask of you at alater time to prove that any information yor nâi" so identified is CBI or

meets the criteria for trade secret protection. Any information determined to be a trade secret will be protected by 18 U.S.C' 1905. If you do not claim as confidential any of the information

you submit in response to this request, we can make the information availaúle to the public

without notifying you further (40 CFR Part2.203, September 1,1976). Because section 114 of

the CAA does not allow emissions data to be elaimed as confidential, the emissions data you

provide to us can be made available to the public. A detailed explanation of what we consider to

be emissions data is contained in Enclosure 4. Please take note of Enclosure 4 when identifying

any information in your submittalthat you are claiming as confidential.

We have contracted EC/R Incorporated (EC/R) (Contract No. Ep-D- 07-ol9) to help us

gather information about your industry. As noted in Enclosure 5, we have designated EC/R to be

our authorized representative. Therefore, EC/R has the same rights discussed above and in

Enclosure 3 as EPA. This means that EC/R will have access to all information you provide to us.

As a designated representative of the Agency, EC/R must, by law, also abide by the iequirements

of 42 U.S.C ' TaIa@) in regard to the confidentiality of what you claim to be tráde secrers.

Enclosure 6 summarizes our policies and procedures for handling CBI and trade secrets

an<i describes how our contractor also is required to use the same procedures as we do. Because

our contractors or other authoized representatives are required to follow the requirements in

Enclosure 6, your rights and any privileged information you submit to us will be protected.

Each facility subject to emissions testing should prepare a site-specific test plan prior to testing. A site-specific test plan addresses the planning and quality ur.urur,." and quality control

procedures and acceptance criteria for all of the testing, including the collection of process data.

Please note that you do not have to submit a test plan to EPA foiapproval prior to testing.

However, the EPA Electronic Reporting Tool (ERT) Version 3, in which ËpA requires ttat data

be reported, requires that atest plan be entered into the program prior to submitting test results.

Enclosure 7 provides an example of the EPA ERT Version 3 test plan. Enclosure g provides

guidance for developing a site-specific test plan.
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You are requested to notify your State air regulatory agency or designated permitting

authority at least 27 days before the requested stack tests are scheduled to begin. Detailed

instructions on how and where to submit the data are provided in Section 3.0 of Enclosure 2.

If you have questions regarding the need for this request or need clarification on the

information we are requesting, please contact Cornad Chin with EPA's Office of Air euality Planning and Standards at 919-5 4r-15r2 (e-ma[: chin.conra<11@epa.-qov). please return the

requested information to Mr, Chin at the following address:

us EPA OAQPS/SPPD/MMG (D243_02)

Research Triangle Park, NC 2771I

We request that you returt the response to Enclosure 1 by July 30, 2010. We also request that

you submit the test results as described below and in Enclosure 2 by Augus t 37, 2010.

The collection of the information requested in this letter is part of EPA's effoft to obtain

the best information available to develop the standard. Your help in providing this information is

greatly appreciated.

Sincerely,

Pe

Director

Sector Policies and Programs Division

8 Enclosures

Enclosure 1: Information Collection Request

Enclosure 2: Summary of test procedures, methods, and reporting requirements

Enclosure 3: EPA's information gathering authority

Enclosure 4: clarification of what EpA considers to be emissions data

Enclosure 5: Summary of contractor's authority as representative of EpA

Enclosure 6: Procedures for safeguarding CBI under the CAA

Enclosure 7: Example EPA ERT Version 3 test plan & list of required d,ata entry fields for data

reported in ERT

Enclosure 8: Site-specific test plan development guidance

cc: Cheryl Newton, U.S. Environmental protection Agency, Region V

Christina Wieg, Ohio EPA

Robert Hodanbosi, Ohio EPA