UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

RESEARCH TRIANGLE PARK, NC 27711

Ms. Phyllis Flowers AIR 2 B 20$

Felman Production Incorporated

4442 Graharn Station Road

Letart, West Virginia 25253

OFFICE OF

AIR OUALITY PLANNING

AND SÏANDARDS

Re: Requirement to provide information according to Title 42 of theunited States code, chapter 85, Subchapter I, part A, section 74r4 (42u.s.c 7414)

Dear Ms. Flowers:

Pursuant to section 114 of the clean Air Act (cAA), the u.s. Environmental protection

Agency (EPA) is requestin g that you provide the information requested in Enclosure 1 to this letter and perform source testing as dãscribed below and in Enclosure 2 to this letter. we request that you retum the response to Enclosure 1 by July 30, 2010. we also request that you submit the test results as described below and in Enclosure 2 by Augus f 3I,2olo.

The emission sources to be tested at your facility are listed below. In cases where more than one source at your plant may be a candidate for testing, please use the following criteria to select the tested unit.

¡ The unit is currently operating (or will be operating in the next 3 months) o The unit processes the dominant or major product 1fo, "*u-ple, if the source produces both Si and FeSi, and Si is the major product, then that unit sìiould be processing Si) o The unit should have the highest or second highest throughput rate o The air pollution control device for the unit is operating normally.

emission control device, and equipment size bet

writing.

1. Fabric filter controlling No. 2 electric arc furnace.

2. Fabric filters controlling one of the crushing systems.

3. Fabric filter dust from the No. 2 erectric arc furnace.

4. coal used as a raw material for the No. 2 electric arc furnace.

lntemet Address (URL) . htþ://urww.epa.gov

Recycled/Recyclabls . Prinled with Vegelable O¡l Based lnks on Recyclsd Paper (Mlnlmum 25% Poslconsumer)
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Enclosure 2 provides additional information on pollutants to be tested, test procedures

and methods, data reporting requirements and submittal procedures, and contact information for

questions.

Enclosure 3 contains a summary of our legal authority in section 114 of the CAA to

obtain the information that is now being requested. If you believe that providing any specific

information to us would reveal conf,rdential information that is either alrad,esecret or

confidential business information (CBI), please identify this information clearly in the test report

that you submit in response to this request. Enciosure 3 describes the type of information that

EPA may ask of you at alatet time to prove that any information you nâve so identiñed is CBI or

meets the criteria for trade secret protection. Any information determined to be a trade secret will be protected by 18 U.S.C. 1905. If you do not claim as confidential any of the information

you submit in response to this request, we can make the information available to the public

without notifying you further (40 CFR Part2.203, September 1,1976). Because section 114 of

the CAA does not allow emissions datato be claimed as confidential, the emissions data you

provide to us can be made available to the public. A detaiied explanation of what we consider to

be emissions data is contained in Enclosure 4. Please take note of Enclosure 4 when identifying

any information in your submittal that you are claiming as confidential.

We have contracted ECIR Incorporated (EC/R) (Contract No. Ep-D-07-019) to help us

gather information about your industry. As noted in Enclosure 5, we have designated EC/R to be

our authorized representative. Therefore, EC/R has the same rights discussed above and in

Enclosure 3 as EPA. This means that EC/R will have access to all information you provide to us.

As a designated representative of the Agency, EC/R must, by law, also abide by the requirements

of 42 U.S'C.7a14@) in regard to the confidentiality of what you claim to be trade secrets.

Enclosure 6 summarizes our policies and procedures for handling CBI and trade secrets

and describes how our contractor also is required to use the same procedures as we do. Because

our contractors or other authorized representatives are required to follow the requirements in

Enclosure 6, your rights and any privileged information you submit to us will be protected.

Each facility subject to emissions testing should prepare a site-specific test plan prior to

testing. A site-specific test plan addresses the planning and quality urrrrurr.. and quality control

procedures and acceptance criteria for all of the testing, including the collection of process data.

Please note that you do not have to submit a test plan to EPA for approval prior to testing.

However, the EPA Electronic Reporting Tool (ERT) Version 3, in which EPA requires that data

be reported, requires that a test plan be entered into the program prior to submitting test results.

Enclosure 7 provides an example of the EPA ERT Version 3 test plan. Enclosure g provides

guidance for developing a site-specific test plan.

You are requested to notify your state air regulatory agency or designated permitting

authority at least 2l days before the requested stack tests are scheduled to begin. Detailed

instructions on how and where to submit the data are provided in Section 3.0 of Enclosure 2.

If you have questions regarding the need for this request or need clarification on the

information we are requesting, please contact Conrad Chin with EPA's Office of Air euality
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Planning and Standards at 919-541-I5I2 (e-mall: chin.conlacll¿Depa.gov). please return the

requested information to Mr. Chin at the following address:

us EPA OAQPS/SPPD/MMG (D243_02)

Research Triangle Park, NC 27711

We request that you return the response to Enclosure 1 by July 30, 2010. We also request that

you submit the test results as described below and in Enclosure 2 by AugusT 31,2070.

The collection of the information requested in this letter is part of EPA's effort to obtain

the best information available to develop the standard. Your help in providing this information is

greatly appreciated.

Sincerely,

Pe

Director

Sector Policies and Programs Division

8 Enclosures

Enclosure 1: Information Collection Request

Enclosure 2: Summary of test procedures, methods, and reporting requirements

Enclosure 3: EPA's information gathering authority

Enclosure 4: Clarification of what EPA considers to be emissions data

Enclosure 5: Summary of contractor's authority as representative of EpA

Enclosure 6: Procedures for safeguarding CBI under the CAA

Enclosure 7: Example EPA ERT Version 3 test plan & list of required data entry fields for data

reported in ERT

Enclosure 8: Site-specific test plan development guidance

cc: David L. Amold, U.S. Environmental Protection Agency, Region III

James Robertson, WVDEP - Division of Air Quality

John A. Benedict, WVDEP - Division of Air Quality