UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION 8
 

1595 Wynkoop Street 

DENVER, CO 80202-1129 

Phone 800-227-8917 

http://www.epa.gov/region08 

Ref: 8P-AR 

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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 Clinker Production for Ash Grove, 

Pursuant to Section 114(a) of the Clean Air Act 

(42 U.S.C. Section 7414(a)) 

Dear Mr. Lesslie: 

As you know, on July 19,2006, the Environmental Protection Agency (EPA) received a letter from the 

Montana Department of Environmental Quality (MDEQ) that stated it was withdrawing its efforts to 

adopt a state implementation plan (SIP) for regional haze under the 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 under 40 CFR 51.308, the EPA Region 8 is moving forward with the technical and policy 

work needed to implement the requirements of the RHR under a federal implementation plan (FIP). See 

Section 110(c)(1) ofthe Clean Air Act (CM), 42 U.S.C. §7410(c)(1). 

As part of our effort to address requirements under the RHR for Best Available Retrofit Technology 

(BART) requirements (see 40 CFR 51.308(e)), we are developing the BART requirements for the 

proposed rulemaking for the Montana FIP. 

Please submit the information requested below for the kiln for January 2005 through September 2008 

for the Ash Grove Cement facility near Montana City, Montana: 

a.	 Tons of S02 and NOx emissions (rolling 30-day averages and annual); 

b.	 Total production (tons) clinker (monthly and annual); and 

c.	 Emissions in pounds of S02 and NOx per ton of clinker produced on a rolling 30-day average 

basis. 

Also, describe the source of the 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 of receipt as 

indicated by the certified receipt for this letter. Electronic submission is preferred. There will be no 

extension of this due date. Please submit your response to Vanessa Hinkle at hinkle.vanessa@epa.gov 

Pursuant to Section 114 of the 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 of the CAA are not limited to sources that are regulated by the 

particular rule thE1.f;PA-)~ mrlementing. For example, Section 114(a)(I) says that the EPA may gather 

information from "ahiperson who owns or operates any emission source" or "who the Administrator 

believes may have information necessary for the purposes set forth in this subsection." 

A duly authorized officer or agent of Ash Grove Cement must certify as true, accurate, and complete the 

response to this information by signing the enclosed Statement of Certification and returning it with the 

response. Such officer or agent must have sufficient knowledge and authority to make such 

representations on behalf ofAsh Grove Cement. 

Pursuant to Section 114(c) ofthe CAA, 42 U.S.C. §7414(c), and 40 C.F.R. Part 2, Subpart B, Ash Grove 

Cement is entitled to assert a business confidentiality claim covering any part ofthe submitted 

information. Attachment B specifies the assertion and substantiation requirements for business 

confidentiality claims. Failure to assert such a claim makes the submitted information subject to public 

disclosure upon request and without further notice to you, pursuant to the Freedom of Information Act, 5 

U.S.C. Section 552. Information subject to 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 data provided under Section 114 of the Act, 42 U.S.C. §7414, is not 

entitled to confidential treatment under 40 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. If you do claim confidentiality, we request that you submit that portion ofthe response (only 

that specific portion for you are claiming confidential treatment) separately from all other information. 

The EPA has the authority to use any of the information required by this letter in developing a FIP for 

regional haze pursuant to the CAA, in assisting in development of, or in reviewing, a regional haze SIP, 

or in carrying out our other responsibilities or actions under the CAA as described in Section 114(a) of 

the CAA. 

A knowing submittal of false information in response to this request may be actionable under Section 

113(c)(2) of the CAA, as well as 18 U.S.C. §§1001 and 1341. Failure to comply with the terms of this 

request may subject Ash Grove Cement to enforcement action under 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 of this letter are not subject to the Paperwork Reduction Act of 1980,44 U.S.C. §3501 

el seq. 
We appreciate your cooperation in this matter. If you have any questions please call Vanessa Hinkle, of 

my staff, at 303-312-6561. 

Sincerely, , 

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Callie Videtich 

Acting Assistant Regional Administrator 

Office of Partnerships and Regulatory Assistance 

Enclosures 

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