UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGIONS 1595Wynkoop Street DENVER, CO 80202-1129 Phone 800-227-8917 http)lwww.epa.gov/region08



# MAY 18 2011· Ref: 8P-AR


### CERnFlED MAIL

- RETURN RECEIPT REQUESTED
Richard Johnson Plant' Manager

-- Montana City Ash Grove Cement Company 100 Highway, 518 Clancy, Montana 59634-9701

RE: Updated Information Requested for Best Available Relrotit Technology Determination

Dear Mr. Johnson:
Thank you for yourprevious responses in 2007 and 2008 to our request for a Best Available RelroJit Technology dClennination for Ash Grove Cement. This informalion is necessary to develop the Regional Haze Federal Implementation Plan (FIP) for Montana. As we move forward in developing the FII>, we want to provide you with an opportunity to update infonnation related to your five-factor analysis; therefore, ifthere is additional information that you would like the Agency consider in the development ofthat FIP, we request that you submit any revisions or additional information to us within 45 days ofthe date ofthis letter.
Please submit yourresponse to:
U.S. Environmental Protection Agency Region VIII 1595 Wynkoop Street Denver, CO 80202-1129 Attention: Vanessa Hinkle, 8P-AR

Pursuant to Section I14(c) ofthe CAA, 42 U.S.c. §7414(c), and 40 C.F.R. Part 2, Subpart R, Ash Grove Cement is entitled to assert a business confidentiality claim covering any part ofthe submitted intormation. The enclosed attachment specifies the assertion and substantiation requirements for business conlidentiality claims. Failure to assert such a claim makes the submitted information subject to public disclosure upon request and without further notice to you, pursuantto the Freedom of Information Act, 5 U.S.C. Section 552. Information subject to a business confidentialily claim may only be made available to the public in accordance with 40 C.F.R. Part 2, Subpart B.
The requirements ofthis letter are nol subject to the Paperwork Reduction Act of 1980, 44 U.S.c. §350I et self.

### We appreciate your cooperation in this matter. Ifyou have any questions please call Vanessa Hinkle. of my staff: at (303) 312-6561.**Sinc~reIy.**



### Deborah LebowAal Acting Director Air Program

Enclosure

cc: John Bunyak, NPS Sandra Silva, USFWS Thomas Dzomba, USFSSTATEMENT OF CERTIFICATION
Icertify under penalty oflaw that Ihave personally examined and am familiar with the information suhmitted in this document and all attachments and that, based on my inquiry ofthose individuals immediately responsible for obtaining infom1ution, 

### 1believe that the information is truc, accurate, and complete. Iam aware that there are significant penalties for submitting false information,**includ~ng** the possibility offine or imprisonment.

Signature

Title

Date

## I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I IAttachment B

Confidential Business Information (CBI) Assertion and Substantiation Requirements



### a. Assertion Requirements
You may assert a business confidentiality claim covering all orpart ofthe infonnation requested in the attached letter, as provided in 40 

### C.F.R. §2.203(b). 

### To make aconfidentiaJity claim, submit the requested information and indicate that you are making aclaim of confidentiality. Any document over which you make a claim ofconfidentiality should bc marked by placing on or attachingto the infonnation, at the time it is submitted to U.S. EPA, acover sheet. stamped or typed legend, or other suitable fonn ofnotice employing language such as "trade secret" or "proprietary" or "company confidential" and a date ifany when the infonnation should no longer be treated as confidential. lnfonnation covered by such a claim will be disclosed by the United States Environmental Protection Agency (U

### .S. EPA) only to the extent pcnnitted and by means ofthe procedures set forth by Section 1i4(c) ofthe Clean Air Act (the Act), and 40

### C.F.R. Part 2. Allegedly confidential portions ofotherwise nonconfidential documents should be clearly identified. U.S. EPA will construe the failure to furnish a confidentiality claim with your response to the attached letter as a waiver ofthat claim, and the information may be made available to the public without further notice to 

### you. Pleas;,; segregate personnel, medical and similar files from your responses and inClude that information on separate sheet(s) marked as "Personal Privacy Information" given that disclosure ofsuch information to the general public may constitute an invasion ofprivacy.
b. Substantiation Requirements
All contldentiality claims are subject to U.S. EPA verification and must be made in accordance with 40 C.F.R. §2.208 which provides in part that you satisfactorily show that you have taken reasonable measures to protect the confidentiality ofthe information and that you intend to continue to do so; and that the information is not and has not been reasonably obtainable by legitimate means without your consent.
Pursuant to 40 C.F.R. Part 2, Subpart B, U.S EPA may at any time send you a letter asking you to 

### substantiate fully your CBI claim. You must provide U.S. EPA with aresponse within the number ofdays set forth in the U.S. EPA request letter. You may seek an extension of time to 

### submit your comments to EPA's letter, but the request must be made before the end of the response period specified in that letter. Except in extraordinary circumstances, no extension will be approved. Failure to submit your comments within that time will be regarded as a waiver ofyour confidentiality claim or claim;), and U.S. EPA may release the infonnation. U.S. EPA will ask you to specify which portions ofthe infonnation you consider confidential. You must be specific by page, paragraph, and**s~ntence** when identifying the information subject to your claim. 

### Any information not specifically identified as subject to a confidentiality claim may be disclosed to the requestor without further notice to you. For each item or class ofinformation that you identify as being subject to 

### esr, U.S EPA will ask you to 

### answer the followingquestions, giving as much detail as possible:
I. For what period oftime do you request that the information be maintained as confidential, e.g., until a certain date, until the occurrence ofa specified event. or permanently? Ifthe occurrence ofa specific event will eliminate the need 

### Cor confidentiality, please specify that event.
2. InfOimation submitted to U.S. EPA becomes stale over time. Why should the information you claim as confidential be protected for the time period specified in your answer to question 

### #1?
3. What measures have you taken to protect the infomlation claimed as confidential? Have you disclosed the information to anyone otherthan agovernmental body or someone wh.o is bound by an agreement not to disclose the infom1ation further'? Ifso, why should the infonnation still bc considered confidential?
4. Is the information contained in any publicly available material such as the Internet. publicly available databases, promotional publications, annual reporls, or articles? Is there any means by which a member ofthe public could obtain access to the information? Is the information ofa kind that you would customarily not release to the public?
5. Has any governmental body made a detcnnination as to the confidentiality ofthe information? Ifso, please attach a copy ofthe determination.
6. For each category ofinformation claimed as confidential, explain with sp.cciiicitv why release ofthe information is likely to cause substantial harm to your competitive position. Explain the specific nature ofthose harmful etTccts. why they should be viewed as substantial, and the causal relationship between disclosure and such harmful effects. How could your competitors make use 

### OJthis information to your detriment?
7. Do you a.'>Sert that the information is submitted on a voluntary or a mandatory basis? Please explain the reason for your assertion. Ifyou assert that the infom1ation is voluntarily submitted information, explain whether and why disclosure ofthe information would tend to lessen the availability to U.S. EPA ofsimilar information in the future.
8. Any other issue you deem relevant (including, ifpertinent reasons why you believe that the information you claim to be eBI is not emission or effluent data.)
Please note that emission data provided under Section 114 ofthe Act, 42 U.S.c. §74]4. is not entitled to contidential treatment under 40 C.F.R. Part 2. "Emission data" means, with reference to any source ofemission ofany substance into the air.
Information necessary to determine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) ofany emission which has been emitted by the source (or ofany pollutant resulting from any emission by the source), or any combination 2

### ofthe foregoing; (a). Information necessary to determine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) ofthe emissions which, under an applicable standard or limitation, the source was authorized to emit (including, to the extent necessary for such purposes, adescription ofthe manner and rate ofoperation of the source); and (b). A general description ofthe location and/or nature ofthe source to the extent necessary to identify the source and to distinguish it from other sources (including, to the extent necessary for such purposes, a description ofthe device, installation, oroperation constituting the source). 40 C.F.R. §§ 

### 2.301(a)(2)(i)(A), (B) and (C).


### Emission data includes, but is not limited to, service records stating the amount ofrefrigerant added to aunit or reclaimed from a unit.
Ifyou receive arequest for a substantiation letter from the U.S. EPA, you bear the- burden of**substantiatil1~'your** 

### confldentiality claim 

### Conclusory allegations will be given little or no weight in the determination. ]n substantiating your CBI claim(s), U.S. EPA will require you to bracket all text so claimed and mark it "CBI." Information so designated will be disclosed by U.S. J:::PA only to the extent allowed by, and by means ofthe procedures set forth in, 40 C.F.R. Part 2, Subpart B. Ifyou fail to claim the information as confidential, it may be made available to the public without further notice to you.



### 3United States Office of Enforcementand ComplianceAssurance (2201A) Environmental Protection EPA300·F·03-o01 May2003

# ~SEPA Agency



# I f

### you own a small business, the United States Environmental Protection Agency (EPA) offers avariety of compliance assistance and tools to assist you 

# in complying with federal and state environmental laws. These resourcescan helpyou understandyourenvironmental obligations, improve compliance and find cost-effective ways to complythroughthe use of pollution prevention and other innovativetechnologies. Hotlines, Helplines and Clearinghouses EPAsponsors approximately 89 free hotlines and clearinghousesthat provide convenientassistance regarding environmental requirements.
The National Environmental Compliance Assistance Clearinghouse provides quick access to compliance assistance tools, contacts, and planned activities from the U.S. EPA, states, and other compliance assIstance providers: http://www.epa.gov/clearlnghouse
Pollution Prevention Clearinghouse http://www.epa.gov/opptintr/library/ppicindex.htm
EPA's Small Business Ombudsman Hotline can provide a list of all tile hot lines and assist in determining the hotline best meeting your needs: (BOO) 368-5888 Emergency Planning and Community Right-To-KnowAct (800) 424-9346 National Response Center (to reportoil and hazardous subslance spills) (800)424-8802 Toxies Substances andAsbestos Information (202)554-1404 Safe Drinking Water (800)426-4791 StratosphericOzone and Refrigerants Information (800) 296-1996 Clean Air Technology Center (919)541-0800 Wetlands Helpline (800)832-7828 

### EPA Websites EPA has several Internet sites that provide useful compliance assistance information and materials for small businesses. If you don't nave access to the Internet at your business, many public libraries provide access to the Internet at minimal or no cost.
EPA's Home Page http://www.epa.gov
Small BusinessAssistance Program http://WoNW.epa.gov/ttnlsbap
Office of Enforcementand ComplianceAssurance http://www.epa.gov/compliance Compliance Assistance Home Page http://www.epa.gOY/compliance/assistance
Officeof Regulatory Enforcement http://www.epa.gov/compliance/civil/index.html
Office of Site Remediation Enforcement http://www.epa.gov/compliance/cleanup
Innovative Programs for Environmental Performance http://www.epa.gov/partners
Small Business Ombudsman www.sba.gov/ombudsman

ReeyeledJRccyclab/<J Pdnlod wl\l', Soy/Canol.llnk 011 paper that contains at**leiJ~H 300/~**  post consumer tiber

### Compliance Assistance Centers In partnership with industry, universities, and otherfederal and state agencies. EPA has established national Compli­

.anceAssistance Centersthat provide Intemetand "faxback" assistanceservices for several industrieswith manysmall businesses. The foHowing ComplianceAssistance Centers can be accessed through theCenter's gateway at http:// www.assistancecenters.netorbycalling the phonenumbers below and attheirrespective websites:
Metal Finishing (1-800-AT-NMFRC orwww.nmfrc.org) Printing (1-888-USPNEAC orwwvv'.pneac.org)
Automotive Service and Repair (1-888-GRN-LiNKorwww.ccar-greenlink.org) Agriculture (1-888-663-2155 orwww.epa.gov/agriculture) Printed Wiring Board ManUfacturing (i -734-995-4911 orWNW.pWbrc.org) The Chemical Industry (1-800-672-6048 orwww.chemalliance.org) The Transportation Industry (1-888-459-0656orwww.transource.org) The Paints and Coatings Center (1-800-286-6372 orWWVv'.paintcenter.org)
Three newcenters are underdevelopmentfor theauto salvage sector, the construction industry. and U.S. Mexi­ can borderwaste issues.


### State Agencies Many stateagencies have establishedcompliance assistance programs that provideon-site andothertypesof assistance. Contactyour local state environmental agency formore information. Forassistance in reaching state agencies, call EPA's Small Business Ombudsman at (800)-368-5888 orvisit the Small Business Environmental Homepage at hltp:lI'NWVv'.smallbiz-enviroweb.org/state,html. 

### Compliance Incentives EPA provides incen11ves for environmental compliance, By P2rticipating in compliance assistance programs 0' voluntarily disclosing and promptly correclIngviolations, businesses may be eligible for penalty waivers or reductions. EPA has two policies that potentially apply to small businesses: TheAudit Policy (http://www.epa.gov/compliance/incentives/auditing) andthe Small Business Policy (http://WW1N.epa.gov/compliance/incentives/smalibusiness). These do not apply ifan enforcementaction has already been initiated. 

### Commenting on Federal Enforcement Actions and Compliance Activities The Small Business Regulatory Enforcement FairnessAct (SBREFA) established an ombudsman ("SBREFAOmbudsman") and 10 Regional Faimess Boards to receive comments from small businesses aboutfederal agencyenforcement actions. The SBREFAOmbudsman will annually rate each agency's responsivenessto small businesses. If you believe that you fall within the Small Business Administration's definition of a small business (based on your NorthAmerican Industry Classification System (NAICS) designation, numbe' of employees orannual receipts. defined at 13 C.F.R. 121.201; in most cases, this means a business with 500 or fewer employees), andwish to comment on federal enforcement and compliance activities, call the SBREFA Ombudsman'stoll-free numberat 1-888-REG-FAIR (1-888­ 734-3247). Every small business that is the subject of an enforce.ment or compliance action is entitled to comment on the Agency's actions·withou1 fear of retaliation. EPA employeesareprohibitedfrom using enforcementorany othermeans of retaliation against any member of the regUlated communitybecause the regulated community previously commented on its activities.



### Your Duty to Comply If you receive compliance assistance or submitcomments to the SBREFAOmbudsman or Regional Fairness Boards. you still have the duty to comply with the law, including providing timeiy responses 10 EPA information requests, administrative orcivil complaints, other enforcement actions orcommunications. The assistance information and comment processes do notgive you any new rights Or defenses in any enforcement action These processes also do not affect EPA's obligation to protect public health orthe environment underany of the environmental statutes it enforces, including the right to take emergency remedial oremergency response actions when appropriate. Those decisions will be based on the facts in each si1uation. The SBREFAOmbudsman and Fairness Boards do not participate in 'esolving EPA's enforcement actions. Also, 'ememberthat to preserve your rights, you need to comply with all rules governing the enforcement process. EPA is disseminating this information to you withoutmakingadetermination thatyourbusiness ororganization isa smallbusinessas definedby Section 222 of the Small Business Regulatory Enforcement Fairness Act (SBREFA) or related provisions.