UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION 8
 

1595 Wynkoop Street 

DENVER, CO 80202-1129 

Phone 800-227-8917 

http://www.epa.gov/region08 

SEP - 9 2011 

Ref: 8P-AR 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Thomas Wood 

Stoel Rives, LLP 

900 S.W. Fifth Avenue Suite 2600 

Portland, Oregon 97204 

RE: Request for Additional Information for the Best 

Available Retrofit Technology Determination for Ash 

Grove Cement, Pursuant to Section 114(a) of the Clean Air 

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

Dear Mr. Wood: 

Thank you for your letter dated July 18,20 II, regarding additional information that was requested for 

the Best Available Retrofit Technology (BART) determination for Ash Grove Cement. It is necessary 

for us to respond to that letter to explain our interpretation of the issues that you raised. 

On the second page of your letter, you suggest that you believe there is the potential that BART will not 

apply to the Montana City plant because of settlement negotiations with the Office of Enforcement and 

Compliance Assurance that may result in the installation of pollution controls that you suggest will 

equate to Best Available Control Technology (BACT). First, we have discussed this matter with the 

OECA staff involved in the negotiations you reference. The OECA has been clear with us that they do 

not intend to negotiate any provisions that supersede or displace the BART process. Also, to the extent 

you intended to suggest that the OECA has determined that wet scrubbers at Montana City are not 

technically feasible, the OECA has clarified that they have not made this determination. Whatever 

compromise is reached on settlement negotiations with the OECA is not determinative of BART. The 

requirements under BART are not necessarily commensurate with BACT. Therefore, based on the 

requirements of the Regional Haze Rule, we are proceeding with our required BART analysis. 

Also in your letter, you suggest that Ash Grove believes that wet scrubbers are no longer technically 

feasible because no wet scrubber manufacturer with experience in the cement industry will guarantee 

that their unit can meet the new Subpart LLL Particulate Matter (PM) standard. At this time, we are 

evaluating how wet scrubbing technology should be considered in the Regional Haze Rule BART 

requirements. Ifwe determine that wet scrubbing is infeasible under the Regional Haze Rule, then other 

available technologies, such as dry scrubbing techniques, will be evaluated. You must support your 

statements that wet scrubbing may not be technically feasible and submit a fi ve factor analysis of dry 

scrubbing techniques. This information is necessary to complete the Regional Haze Federal 
Implementation Plan (FIP) for Montana and we are requesting that you send that information by 

September 30, 20 II. 

Pursuant to Section 114 of the Clean Air Act, 42 V.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, or in the event MDEQ resumes 

development of a Regional Haze State Implementation Plan (SIP), in assisting MDEQ in that effort 

and/or reviewing a Regional Haze SIP for Montana. Furthermore, information requests pursuant to 

Section 114 of the CAA are not limited to sources that are regulated by the particular rule the EPA is 

implementing. For example, Section 114(a)(l) says that the EPA may gather information from "any 

person 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 the facility 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 of PPL Montana, LLC. 

Please submit your response to: 

U.S. Environmental Protection Agency Region VIII 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Attention: Vanessa Hinkle, 8P-AR 

Pursuant to Section 114(c) of the CAA, 42 V.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 of the submitted 

information. The enclosure specifies the assertion and substantiation requirements for business 

confidentiality claims. Your substantiation must be included with your response at the time the 

information is submitted and we will begin making our determination immediately upon receipt ofthe 

information you submit including your assertion and substantiation. 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. 

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

I 13(c)(2) of the CAA, as well as 18 V.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 of the CAA. 

42 U.S.c. §7413. 

The requirements of this letter are not subject to the Paperwork Reduction Act of 1980,44 V.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, 

Stephen S. Tuber 

Assistant Regional Administrator 

Office of Partnerships and Regulatory Assistance 

Enclosure 

cc: John Bunyak, NPS 

Sandra Silva, USFWS 

Thomas Dzomba, USFS