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 

# MAY 18 2011

CERTIFIED MAlL

- RETURN RECEIPT REQUESTED
Steve Wright Environmental Manager Columbia Falls Aluminum Company 2000 Aluminum Drive Columbia Falls. Montana 59912
RE: Updated Information Requested for Best Available RetrotitTechnology Determination
Dear Mr. Wright:
'fhank you for your previous responses in 2007 and 2008 to our request for a Best Available Retrotit Technology determination for ColumbiaFalls Aluminum Company. This infomlation is necessary to develop the Regional Haze FederalImplementation Plan (FIP) for Montana. As we move forward in developing the FIP, we want to provide you with an opportunity to update information related to your tive-factor analysis; therefore, ifthere is additional information that you would like the Agency consider in the developmentofthat FIP, we request that you submit any revisions oradditional information to us within 45 days ofthe date ofthis letter.
Please submit yourresponse to: U.S. Environmental Protection Agency Region VII! 1595 Wynkoop Street Denver, CO 80202-1129 Attention: Vanessa Hinkle, 8P-AR
Pursuant to Section 114(c) ofthe CAA. 42 U.S.c. §7414(c), and 40 C.F.R. Part 2, Subpart B, Columbia Falls Aluminum Company is entitled to assert a business con1identiality claim covering any part ofthe submitted information. The enclosed attachment speci1ies the assertion and substantiation requirements for business contidentiality 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 confidentiality 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 not subject to the Paperwork Reduction Act of 1980. 44 U.S.C. §3501 el seq.We appreciate your cooperation in this matter. Ifyou have any questions please call Vanessa Hinkle, of my stafe at (303) 312-6561. Sincerely,

# ~~£ Deborah Lebow Aal Acting Director Air Program

Enclosure

cc: John Bunyak, NPS Sandra Silva. USFWS Thomas Dzomba, USFSSTATEMENT OF CERTIFICAnON 1certify under penalty ofJaw 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 information, 1believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information,**includ~ng** the possibility 

### offine or imprisonment.

Signature

Title

DateAttachment B
Confidential Business Information (CBI) Assertion and Substantiation Requirements

a. Assertion**Requirem~nts** You may assert a business confidentiality claim covering all orpart ofthe infornlation requested in the attached letter, as provided in 40 C.F.R. §2.203(b). To make aconfidentiality claim, subm.it the requested information and indicate that you are making a claim of confidentiality. Any document over which you make aclaim ofconfidentiality should be marked by placing on or attachingto the information, at the time it is submitted to U.S. EPA, acover sheet. stamped or typed legend, or other suitableform ofnotice employing language such as "trade secret" or "proprietary" or "company confidential" and adate ifany when the information should no longer be treated as confidential. Information covered by such a claim wi 11 be disclosed by the United States Environmental Protection Agency (U.S. EPA) only to the extent permitted and by means ofthe procedures set forth by Section l14(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. Please 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 confidentiality 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 protectthe 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 eBl claim. You must provide U.S. EPA with aresponse wilhin the number ofdays set forth in {he 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 (he 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 claims, and U.S. EPA may release the information. U.S. EPA will ask you to spcci

## ty which portionsofthe information you consider confidentiaL You must be specific by page, paragraph, and sentencewhen identifying the information subject to your claim. Any information not specitically identified as subject to aconfidentiality claim may be disclosed to the requestor without further notice to you. for each item or class ofinformation that you identif)! as being subject to CBI, U.S. EPA wilt ask you to answer the followingquestions. giving as much detail as possible:
1. For what period oftime do you request that the information be maintained as confidential, e.g.. until acertain date, until the occurrence ofaspecified event, or permanently? Ifthe occurrence ofa specific event will eliminate the need lor confidentiality, please specify that event. 2. InfOlmation submitted to U.S. EPA becomes stale over time. Why should the infonnation you claim as confidential be protected for the time pedod specified in your answerto question #l? 3. What measures have you taken to protect the infoID1ation claimed as confidential? Have you disclosed the information to anyone otherthan a govenunentaJ body or someone wh.o is bound by an agreement not to disclose the information further'? Ifso, why should the information still be considered confidential?
4. ls the infoID1ation contained in any publicly available material such as the Internet. publicly available databases, promotional publications, annual reports, or articles? Is there any means by vv'hich amember ofthe public could obtain access to the information? Is the information ofakind that you would customarily not release to thc public? 5. Has any governmental body made adetermination as to the coniidentiality ofthe information? Ifso, please attach acopy ofthe determination. 6. For each category ofinformation claimed as confidential, explain with specificity why release ofthe information is likely to cause substantial harm to your competitive position. Explain the specific nature ofthose harmful et1ccts. why they should be viewed as substantiaL and the causal relationship between disclosure and such harmful effects. How could your competitors make use ofthis information to your detriment? 7. Do you assert that the information is submitted on avoluntary or amandatory basis? Please explainthe reason for your assertion. [fyou 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 infonnation you claim to be eBl 

### is not emission or effluent data.) Please note that emission data provided under Section 114 ofthe Aet, 42 U.S.c. §7414. is not entitled to conlidential treatment under 40 C.F.R. Part 2. "Emission data" means, with reference to any source ofemission ofany substance into the air. InfoID1ation necessary to determine the identity, amount, frequency, concentration, or other characterislics (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 2ofthe foregoing; (a). Information necessary to determine the identity, amount, frequeocy, 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, a description ofthe manner and rate ofoperation of the source); and (b). Ageneral description ofthe location andlor 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, or operation constituting the source). 40 C.F.R. §§ 2.301(a)(2)(i)(A), (H) and (C). Emission data includes, but is not limited to, service records stating the amount ofrefrigerant added to nunit or reclaimed from aunit.
If you receive a request for a substantiation letter trom the U.S. EPA, you bearthe burden of**substantiatil}~:xour** confidentiality claim Conclusory allegations will be given little or no weight in the determination. In substantiating your CHI claim(s), U.S. EPA will require you to bracket all text so claimed and mark it "CHI." Information so designated will be disclosed by U.S. EPA only to the extent allowed by, and by means ofthe procedures set fonh 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-03-001 May2003 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 Jaws.These resources can helpyou understandyourenvironmental obligations, improve compliance and find cost-effective waysto complythrough the 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 activitiesfrom the U.S. EPA, states, and other compliance assistance providers: http://www.epa.gov/clearlnghouse Pollution Prevention Clearinghouse http://W.WVY.epa.gov/opptintr/library/ppicindex.htm EPA's Small Business Ombudsman Hotline can provide a list of all the hot lines and assist In determining the hotline best meeting your needs: (800) 368-5888 Emergency Planningand Community Right-To-KnowAct (800) 424-9346 National Response Center (to report oil and hazardous substance spills) (800)424-8802 Taxies 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 materialsforsmall businesses. If you don't have 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://www.epa.gov/ttnlsbap Office of Enforcementand ComplianceAssurance http://www.epa.gov/compliance Compliance Assistance Home Page http://www.epa.gov/compliance/assistance Office of Regulatory Enforcement http://www.epa.gov/compliance/civil/index.html Office of Site Remediation Enforcement http://www.epa.gov/compliance/c1eanup
Innovative Programs for Environmental Performance http://www.epa.gov/partners Small Business Ombudsman www.sba.gov/ombudsman

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Compliance Assistance Centers In partnershipwith industry, universities, and otherfederal andstate agencies, EPA has established national Compliance Assistance Centersthat provide Intemetand'1axback" assistanceservicesforseveral industrieswith manysmall businesses. The following Compliance Assistance Centers can be accessedthrough the Center's gateway at http:// www.assistancecenterS.net orby calling the phone numbers below and attheir respective websites: Metal Finishing (1-800-AT-NMFRC orwww.nmfrc.org) Printing (1-888-USPNEAC orwwvv.pneac.org) Automotive Service and Repair (1-888-GRN-LJNK orwww.ccar-greenlink.org) Agriculture (1-888-663-2155 orwww.epa.gov/agriculture) Printed Wiring Board Manufacturing (1·734-995-4911 orwww.pwbrc.org) The Chemical Industry (1-800-672-6048 or www.chemalliance.org) TheTransportation Industry (1-888-459-0656 orwww.transource.org) The Paints and Coatings Center (1-800-286-6372 orwww.paintcenter.org) Three newcenters are underdevelopmentforthe auto salvage sector, the construction industry, and U.S. Mexican borderwaste issues. State Agencies Many state agencies have established compliance assistance programs that provide on-site and othertypes of assistance. Contactyour local state environmental agency formore information. Forassistance in reaching state agencies, call EPA's Small Business Ombudsman at (800)-368-5888 orvisitthe Small Business Environmental Homepageat http://www.smallbiz-enviroweb.org/state.html. Compliance Incentives EPA provides incentives for environmental compliance. By participating in compliance assistance programs or voluntarilydisclosing and promptlycorrecting violations, 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://www.epa.gov/compliance/incentives/smallbusiness). These do not apply if an enforceme'ntaction hasalready been initialed. Commenting on Federal Enforcement Actions and Compliance Activities The Small Business Regulatory Enforcement FairnessAct (SBREFA) established an ombudsman ("SBREFAOmbudsman") and 10 Regional Fairness Boardsto receive comments from small businesses aboutfederal agencyenforcement actions. The SBREFAOmbudsman will annually rate each agency's responsiveness to small businesses. Ifyou believe that you fall within the Small Business Administration's definition of asmall business (based on your North American Industry Classification System (NAICS) designation, number of employees orannual receipts, defined at 13 C.F.R. 121.201; in most cases, this means a business with 500 or feweremployees), and wish to commenton federal enforcementand 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.men! or compliance action is entitled to comment on the Agency's actions without fear of retaliation. EPA employees are prohibited from using enforcement orany othermeans of retaliation against any memberofthe regulated community because the regulated community previously commented on its activities.
Your Duty to Comply If you receive compliance assistance or submit comments to the SBREFAOmbudsman or Regional Fairness Boards. you still have the duty to comply with the law, includmg providing timely responsesto EPA information requests, administrative orcivil complaints, otherenforcement actions orcommunications. The assistance information and comment processes do not give you any new rights or defenses in anyenforcement action. These processes also do not affect EPA's obligation to protect public health orthe environment under any ofthe environmental statutes it enforces, including the right to take emergency remedial or emergency response actions when appropriate. Those decisions will be based on the facts in each situation. The SBREFAOmbudsmanand Fairness Boards do not participate in resolving EPA's enforcement actions. Also. remember that to preserveyour rights, you need to comply with all rules governingthe enforcement process. EPA is disseminating t/1is information to you withoutmakingadetermination thatyourbusiness ororganization isasmallbusinessas definedby Section 222 of the Small Business RegUlatory Enforcement Fairness Act (SBREFA) orrelated provisions.