From: McWilliams, Douglas A. [mailto:douglas.mcwilliams@squirepb.com]  

Sent: Friday, April 10, 2015 8:09 PM

To: Greenberg, Alan (ENRD); 'Marks.Matthew@epa.gov'

Cc: Kacenjar, Allen A.

Subject: RE: taconite petitions for review

Alan and Matt,

As we discussed during our telephone conference last week, Cliffs shares EPA’s interest in supporting the rulemaking record for

the upcoming proposed rule to implement the BART FIP settlement.  Cliffs is currently able to confirm that my August 8th letter

(No. 1 on your list below and attached) can be used without redaction or limitation in the rulemaking record.  Cliffs withdraws

any claim of confidential business information for the information in that August 8th letter, but retains the CBI claim for the

attachments to that letter.  The other documents on your list (#2‐#6) are the subject of ongoing consideration and discussions

with the Cliffs facilities and the various vendors (Metso, Coen, FCT) regarding proprietary information to determine the

necessary scope of any continuing CBI claim.  We hope to complete those discussions soon so we can forward documents

suitable for use in the public record (e.g., with appropriate redactions) or provide substitute documents with updated

information as we discussed.

We appreciate your patience as we work through this process,  

Sincerely,  

The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Douglas A. McWilliams 

Partner 

Squire Patton Boggs (US) LLP 

4900 Key Tower 

127 Public Square 

Cleveland, Ohio 44114 

T +1 216 479 8332 

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M +1 216 407 4968 

Douglas.McWilliams@squirepb.com | squirepattonboggs.com

From: Greenberg, Alan (ENRD) [mailto:Alan.Greenberg@usdoj.gov] 

Sent: Monday, March 02, 2015 5:51 PM 

To: McWilliams, Douglas A.; Kacenjar, Allen A. 

Subject: taconite petitions for review 

Doug, Allen:  

EPA will soon commence drafting a proposed rule  consistent with the Settlement Agreement.  EPA anticipates that it will rely

for support and place in the administrative record several documents that Cliffs or ArcelorMittal  provided to EPA  as “Shared

Material” under the Agreement Regarding Non‐Waiver and Use of Shared Information.  The Shared Material, listed below, may

also be subject to a claim of CBI by Cliffs or ArcelorMittal:

1. August 8th letter from McWilliams Re “Taconite BART FIP Settlement Information Containing Confidential

Business Information”

2. COEN Final Report on Sizing United Taconite Line 2

3. Metso August 7, 2014, “Technical Analysis for applying LNB technology to UTAC L2 Grate Kiln while minimizing

product quality issues”

4. COEN Final Report on Sizing Cliffs NR Tilden Mining Unit 1

5. Metso August 20, 2013 “Technical Analysis for Tilden 1 additional simulations while applying LNB technology.”

6. FCT Cliffs UTAC Line 2 Phase 3 Modeling Preliminary Report

7. August 11, 2014 ArcelorMittal Straight‐Grate NOx Reduction Technology Development Efforts
I am providing, in accordance with Paragraph 8 of the Agreement Regarding Non‐Waiver and Use of Share Information, the 30‐

day notice of the proposed disclosure of these documents in connection with the proposed rulemaking.   Please also indicate

your waiver of any claim that these materials are confidential business information under 40 CFR 2.201, et seq.   

Alan Greenberg

U.S. Dept of Justice

999 18th Street, Suite 370

Denver, CO 80202

303‐844‐1366

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