From: John Rego <jrego@jonesday.com>

Sent: Thursday, November 14, 2013 1:01 PM

To: French, Chuck
Cc: Chin, Conrad; Jeff.McKinney@erametgroup.com; Mulrine, Phil; Bradley Nelson; thillier@policynavigation.com; Troy Hillier Subject: Re: Opacity Data Summary
Attachments: Secondary Furnace Processes Visible Emissions Measurement.xlsx

Chuck:

It appears that you located additional EMI opacity data since our most recent conference call, including the 2013 compliance test data that EMI was preparing to provid e at your request. As we discussed on the latest call, EMI monitors opacity for 60 minutes during its annual compliance tests, which means

t hat each test covers approximately half of the usual tap

- to

- tap cycle. As a result, when interpreting the
data EPA should consider that a particular 60

- minute test may not capture all secondary emissions
associated with a given production cycle. The data do, however, illustrate that EMI's semi

- batch process produces highly variable visual emissions (0% to 75% op acity), both within and across production cycles.

EPA should also consider both the furnace and the product (SiMn or FeMn) being produced on that furnace when comparing one test to another. Accordingly, while EPA has not explained how it intends

to use the data in its summary, EMI does not believe that simple "Furnace 1" and "Furnace 12" averages are necessarily indicative of actual production scenario. Moreover, given the demonstrated variability in visual emissions, simple averaging may not be a n appropriate method for characterizing various conditions across all operating conditions. For example, since roof monitor emissions are a function of natural upward drafts, which are in turn significantly affected by ambient weather conditions,

parame ters like temperature, humidity, and wind should also be considered when interpreting the data.

EMI has not attempted to recalculate the three averages set forth in your table and therefore this response should not be deemed agreement with your calcu lations. EMI would like to unders t and how
the averages were calculated and how they might be used in crafting a future compliance standard.

Attached is a table summarizing the limited opacity data collected internally by EMI in March

- April 2013 during development of the protocol that was proposed, but never approved by EPA for implementation. Since EMI used a person in the plant to record the start/stop times for secondary emission processes, EMI was able to correlate opacity readings to speci fic stages in the production cycle. Note also that EMI's testing measured at least 30% opacity in each event. (up to a maximum of 50%).

EMI looks forward to further discussions with EPA regarding how visual emission measurements, historic
and futur e, can be used to establish an appropriate compliance standard.

Thanks,John

John A. Rego Partner, Environmental Health & Safety
JO NES DAY®

- One Firm Worldwide
901 Lakeside Avenue Cleveland, Ohio 44114

- 1190
Office +1.216.586.7542

Fax +1.216.579.1212 jrego@jonesday.com

From: "French, Chuck" <French.Chuck@epa.gov>

To: John Rego <jrego@JonesDay.com>, "thillier@policynavigation.com" thillier@policynavigation.com>, "Jeff.McKinney@erametgroup.com" <Jeff.McKinney@erametgroup.com>,
Cc: Troy Hillier <tshillier@gmail.com>, "Chin, Conrad" <Chin.Conrad@epa.gov>, "Mulrine, Phil" <Mulrine.Phil@epa.gov>, Bradley Nelson <nelson.brad@ecrweb.com>

Date: 11/06/2013 04:42 PM

S ubject: Opacity Data Summary

Hi John and Jeff,

Attached is a summary of Opacity data that we have in our files for the Eramet facility. Please let
us know if you have any additional opacity data, reports or information regarding Opacity for Eramet (that are not reflected in this table) that you would like to send to us, by 11/21/2013.

Thanks.

Chuck

========= ========================================================================= = = = This e

- mail (including any attachments) may contain information that is private, confidential, o r
p rotected by attorney

- client or other privilege. If you received this e

- mail in error, please delete it from
your system without copying it and notify sender by reply e

- mail, so that our records can be corrected.

========= ============================================================================