UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595Wynkoop Street DENVER, CO 80202-1129 Phone 800-227-8917 http://www.epa.gov/region08

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# 22 20f2 CERTIFIED MAIL

- RETURN RECEIPT REQUESTED Mr. Curtis Lesslie Vice President Environmental Affairs Ash Grove Cement 11011 Cody Street Overland Park, Kansas 66210 RE: Request for Additional Information Pertaining to Emissions and ClinkerProduction for Ash Grove, Pursuant to Section 114(a) ofthe Clean Air Act (42 U.S.C. Section 7414(a)) Dear Mr. Lesslie: As you know, on July 19,2006, the Environmental ProtectionAgency (EPA) received a letter from the Montana Department ofEnvironmental Quality (MDEQ) that stated it was withdrawing its efforts to adopt a state implementation plan (SIP) for regional haze underthe EPA's Regional Haze Rule (RHR), found at 40 CFR 51.308. Due to Montana's announcement that it would not be addressing the requirements under40 CFR 51.308, the EPA Region 8 is moving forward with the technical and policy work needed to implement the requirements ofthe RHRunder afederal implementationplan (FIP). See Section 110(c)(1) ofthe CleanAirAct (CM),42 U.S.C. §7410(c)(1). Aspart ofour effort to address requirements underthe RHR for BestAvailable Retrofit Technology (BART) requirements (see 40 CFR 51.308(e)), we are developing the BART requirements for the proposed rulemaking for the MontanaFIP. Please submit the informationrequested below for the kiln for January 2005 through September 2008 for the Ash Grove Cement facility near Montana City, Montana:

a. Tons ofS02 and NOxemissions (rolling 30-day averages and annual); b. Total production (tons) clinker (monthly and annual); and c. Emissions in pounds ofS02 andNOx per ton ofclinker produced on a rolling 30-day average basis. Also, describe the source ofthe data and the methodology used in calculating items a through c. In addition, please submit documentation and results from the three most recent stack tests for particulate matter that were conducted while the kiln was operating at full capacity.This information must be submitted and received by EPA within seven calendar days ofreceipt as indicated by the certified receipt for this letter. Electronic submission is preferred. There will be no extension ofthis due date. Please submityour response to Vanessa Hinkle at hinkle.vanessa@epa.gov Pursuant to Section 114 ofthe Clean Air Act, 42 U.S.C. §7414, and under authority duly delegated to the undersigned, you are required to provide us with the information specified in this letter. This information will be used by the EPA in developing a regional haze FIP. Furthermore, information requests pursuant to Section 114 ofthe CAA are not limitedto sourcesthat are regulated by the particularrule**thE1.f;PA-)~** mrlementing. For example, Section 114(a)(I) says that the EPA may gather information from "ahipersonwho owns or operates any emission source" or "whothe Administrator believes may have information necessary for the purposes set forth in this subsection." A duly authorized officer or agent ofAsh Grove Cement must certify as true, accurate, and complete the response to this information by signing the enclosed Statement ofCertification and returning it with the response. Such officer or agent must have sufficient knowledge and authority to make such representations onbehalfofAsh Grove Cement. Pursuantto Section 114(c) ofthe CAA, 42 U.S.C. §7414(c), and 40 C.F.R. Part 2, SubpartB, Ash Grove Cementis entitled to assert a business confidentiality claim covering anypart ofthe submitted information. Attachment B specifies the assertion and substantiationrequirements for business confidentiality claims. Failure to assert such a claim makes the submitted information subjectto public disclosure upon request and without further notice to you, pursuantto the Freedom ofInformationAct, 5 U.S.C. Section 552. Information subjectto a business confidentiality claim may only be made available to the public in accordance with 40 C.F.R. Part 2, Subpart B. However, please note that emission dataprovided under Section 114 ofthe Act, 42 U.S.C. §7414, is not entitled to confidential treatment under40 C.F.R. Part 2. EPA believes the monthly clinker production information will likely not be entitled to confidential treatment due to the fact that EPA has acquired identical information from state agencies on similar facilities and the information obtained is publically available. Ifyou do claim confidentiality, we request that you submit that portionofthe response (only that specific portion for you are claiming confidential treatment) separately from all other information. The EPA has the authority to use any ofthe information required by this letter in developing a FIP for regional haze pursuant to the CAA, in assisting in development of, or inreviewing, a regional haze SIP, or in carrying out our other responsibilities or actions underthe CAA as described in Section 114(a) of the CAA. A knowing submittal offalse information in response to this request may be actionable under Section 113(c)(2) ofthe CAA, as well as 18 U.S.C. §§1001 and 1341. Failure to comply withthe terms ofthis request may subject Ash Grove Cementto enforcement actionunder Section 113 ofthe CAA, 42 U.S.C. §7413. Also enclosed with this Request for Information is a Small Business Regulatory Enforcement and Fairness Act (SBREFA) information sheet. The requirements ofthis letter are not subject to the Paperwork Reduction Act of 1980,44U.S.C. §3501 el seq.We appreciate your cooperation in this matter. Ifyou have any questions please call Vanessa Hinkle, of my staff, at 303-312-6561. Sincerely,

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# L:'~'~~¥f~~t" '>--- Callie Videtich Acting Assistant Regional Administrator Office ofPartnerships and Regulatory Assistance Enclosures

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