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	 JAN 2 9 2009 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Larry Zink 

Montana Sulphur and Chemical Company 

P.O. Box 31118 

Billings, MT 59107 

Re:	 Reasonable Progress Information Request for Montana Sulphur and Chemical Company, 

Pursuant to Section 114(a) of the Clean Air Act (42 U.S.C. Section 7414(a)) 

Dear Mr. Zink: 

On June 19,2006, the Environmental Protection Agency (EPA) received a letter from the 

Montana Department of Environmental Quality (MDEQ) that stated it was withdrawing its 

efforts to adopt a state implementation plan (SIP) for regional haze under EPA's Regional Haze 

Rule (RHR), found at 40 CFR 51.308. Due to Montana's announcement that it would not be 

addressing the requirements under 40 CFR 51.308, EPA Region 8 is moving forward with the 

technical and policy work needed to implement the requirements of the RHR under a Federal 

Implementation Plan (FIP). See Section 110(c)(1) of the Clean Air Act (CAA), 42 U.S.C. 

§7410(c)(l). 

As part of our effort to address the requirements under the RHR for reasonable progress 

goals and long-term strategies (see 40 CFR 51.308(d)(l) and 51.308(d)(3)), we are evaluating 

controls for stationary sources that contribute to regional haze. To conduct this analysis, we arc 

requesting information from sources that will allow us to determine whether controls are 

reasonable as required by 40 CFR 51.308(d)(l)(A). (See EPA's Regional Haze Program 

Requirements, 40 CFR 51.308.) 

This information request pertains to the Montana Sulphur and Chemical Company facility 

located at 627 Exxon Road, Billings, Montana. It is EPA's understanding that Montana Sulphur 

and Chemical Company (MSCC) is the owner and operator of this facility and that this facility 

contains emission sources. 

Pursuant to Section 114 of the CAA, 42 U.S.c. §7414, and under authority duly delegated 

to the undersigned, you are required to provide us with the information specified in Attachment 

A, This information will be used by EPA in developing a regional haze FIP, or in the event 

MDEQ resumes development of a regional haze 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 EPA is implementing. For example, 

Section 114(a)(1) says that 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." 

The information required by this letter must be submitted and postmarked within 30 

business days from the date of receipt of this letter. A duly authorized officer or agent of 

Montana Sulphur and Chemical Company must certify as true, accurate, and complete MSCC's 

response to this information request by signing the enclosed Statement of Certification and 

returning it with MSCC's response. Such officer or agent must have sufficient knowledge and 

authority to make such representations on behalf ofMSCC. Please submit the information to: 

U.S. Environmental Protection Agency Region 8
 

1595 Wynkoop Street
 

Denver, Colorado 80202-1129
 

Attention: Laurel Dygowski, 8P-AR
 

Pursuant to Section 114(c) of the CAA, 42 U.S.c. §7414(c), and 40 CFR Part 2, 

Subpart B, MSCC is entitled to assert a business confidentiality claim covering any part of the 

submitted information. Attachment B specifies the assertion and substantiation requirements for 

business confidentiality claims. 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 ofInformation 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 CFR Part 2, 

Subpart B. 

EPA has the authority to use any ofthe information required by this letter in developing a 

FIP for regional haze pursuant to the CAA, in assisting in development of~ or in reviewing, a 

regional haze SIP, or in carrying out other responsibilities or actions under the CAA as described 

in Section 114(a) of the CAA. 

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

under Section 1n(c)(2) of the CAA, as well as 18TJ.S.C. §§IOOI and 1341. Failure to comply 

fully with the terms of this request may subject MSCC to an enforcement action under Section 

113 of the CAA, 42 U.S.c. §7413. 

Also enclosed with this Request for Information is a Small Business Regulatory 

Enforcement and Fairness Act (SBREFA) information sheet. 

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

44 U.S.C. §3501 et seq. 

2 
We would like to thank you for your cooperation in this matter. If you have any 

questions, please contact Laurel Dygowski of my staff at (303) 312-6144. 

Sincerely, 

r!~a.~ Eddie A. Sierra 

Acting Assistant Regional Administrator 

Office of Partnerships and Regulatory Assistance 

Enclosures 

3 

(1)Printed on Recycled Paper 
Attachment A
 

Montana Sulphur & Chemical Company
 

Request for Information Pursuant to Section 114 of the CAA
 

1.	 Contact Information 

a.	 Name: 

b.	 Title: 

c.	 Telephone number: 

d.	 Fax number: 

e.	 e-Mail: 

2.	 Claus process 

a.	 The Montana Department of Environmental Quality (DEQ) "Operating Permit 

Technical Review Document" for Montana Sulphur lists that plant's rated capacity at 

282 tons of elemental sulfur per day. Please confirm the maximum daily production 

rate. 

b.	 What is the average daily production rate? 

c.	 The DEQ permit review document indicates that the sulfur recovery unit (SRU) 

includes 5 Claus reactor stages, which can be operated in a single train or a dual 

parallel train. The Technical Review Document also states that the Claus process is 

generally configured in a 3-stage operation.] Is this description correct? 

d.	 What is the design efficiency of the Claus process? 

e.	 What is the expected remaining equipment life of the Claus process? 

3.	 SuperClaus process 

a.	 The operating permit and a letter from Bison Engineering dated February 26, 2007 

indicate that effluent from the Claus process is routed to two SuperClaus processes, 

which are installed in a parallel configuration. The February 26, 2007 letter indicates 

that these SuperClaus processes are optional, in that they are not required by the 

permit. Is this information correct? 

b.	 What is the design capacity of the original SuperClaus unit (give units)? 

c.	 What is the design capacity of the second SuperClaus unit (give units)? 

d.	 What is the design efficiency: 

i.	 Ofthe SuperClaus process? 

ii.	 Ofthe SuperClaus process and the Claus process combined? 

e.	 Installed cost of the most recently installed SuperClaus process: 

f.	 Annual operating cost of the most recently installed process: 

g.	 Year installed: 

h.	 Expected remaining life of the most recent SuperClaus process: 

1.	 Expected remaining of the older SuperClaus process: 

1 Montana DEQ October 31, 2005, Operating Permit Technical Review Document for the Montana Sulphur and Chemical 

Company, Billings Refinery, TRD2611-03, www.deg.state.mt.us!AirQuality!ARM Permits!AWM final permit.asp 

A-l 
J.	 Is there sufficient physical space in the facility to add a additional tail gas treatment 

unit after the SuperClaus effluent units? 

k.	 Conditions of the SuperClaus exhaust gas (combined stream from both units): 

i.	 Maximum volumetric flowrate (acfm): 

ii.	 Average volumetric flowrate (acfm): 

iii.	 Temperature (give units): 

iv.	 Moisture (%): 

v.	 Hours of operation: 

vi.	 SOz concentration (ppm): 

vii. HzS concentration (ppm): 

4.	 Tail gas incinerator 

a.	 What is the expected remaining equipment life of the tail gas incinerator? 

b.	 Is there enough physical space to add a scrubber after the tail gas incinerator? 

c.	 Incinerator operating characteristics: 

i.	 Maximum heat input: 

ii.	 Average heat input: 

d.	 Fuel used, and sulfur content (give units): 

e.	 Conditions of the incinerator exhaust gas: 

i.	 Maximum volumetric flowrate (acfm): 

ii.	 Average volumetric flowrate (acfm); 

111.	 Temperature: 

iv.	 Moisture (%): 

v. Hours of operation:
 

Vl. SOz concentration (ppm):
 

vii. HzS concentration (ppm): 

5.	 Flares 

a.	 Are any control measures currently in use or planned for flares at Montana Sulphur? 

b.	 Please provide estimated emissions of SOz and NOx for the most recent year. 

c.	 Is there any impediment to installing a flare gas recovery system, which would hold 

flare gases until they can be treated to remove sulfur or returned to the refinery fuel 

gas system? 

d.	 What volume of gas would have to be held by a flare gas recovery system in order to 

reduce flare emissions of SOz by 90%? 

6.	 Other pollution control equipment (if applicable) 

a.	 Please describe any additional air pollution control equipment for the Claus process. 

b.	 How does this equipment interface with the Claus process, the SuperClaus process, 

and the tail gas incinerator? 

c.	 What is the expected remaining equipment life of the control equipment? 

d.	 Conditions of the device exhaust gas 

i.	 Maximum volumetric flowrate (acfm): 

11.	 Average volumetric flowrate (acfm): 

A-2 
111. Temperature: 

IV. Moisture (%): 

v.	 Hours of operation: 

VI. S02 concentration (ppm):
 

Vll. H2S concentration (ppm):
 

7.	 Final controlled emissions: 

a.	 What were the total controlled S02 emissions from the process, after all control 

devices, in the most recent year for which data are available. 

i.	 Annual (tons/year): 

ii.	 Average hourly (lb/hr): 

b.	 Indicate the year for which emissions are provided. 

c.	 Were the SuperClaus units bypassed at any time during the course of the year? 

i.	 How many times? 

ii.	 For how many hours? 

d.	 What would emissions have been in that year with no bypassing of the SuperClaus 

units, if different. 

i.	 Annual: 

ii.	 Average hourly: 

A-3 
Attachment B
 

Confidential Business Information (CBI)
 

Assertion and Substantiation Requirements
 

a. Assertion Requirements 

You may assert a business confidentiality claim covering all or part of the information 

requested in the attached letter, as provided in 40 C.F.R. §2.203(b). To make a confidentiality 

claim, submit the requested information and indicate that you are making a claim of 

confidentiality. Any document over which you make a claim of confidentiality should be marked 

by placing on or attaching to the information, at the time it is submitted to U.S. EPA, a cover 

sheet, stamped or typed legend, or other suitable form of notice employing language such as 

"trade secret" or "proprietary" or "company confidential" and a date if any when the information 

should no longer be treated as confidential. Information covered by such a claim will 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 114(c) ofthe Clean Air Act (the 

Act), and 40 C.F.R. Part 2. Allegedly confidential portions of otherwise 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 of that 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 of such information to the general public may constitute an invasion of privacy. 

b. Substantiation Requirements 

All confidentiality claims are subject to U.S. EPA veriiication 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 protect the confidentiality of the 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 CBI claim. You must provide U.S. EPA with a response 

within the number of days set forth in the 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 

the 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 

of your confidentiality claim or claims, and U.S. EPA may release the information. U.S. EPA 

will ask you to specifY which portions of the information you consider confidential. You must 

be specific by page, paragraph, and sentence when identifying the information subject to 

your claim. Any information not specifically identified as subject to a confidentiality claim may 

be disclosed to the requestor without further notice to you. For each item or class of information 

that you identify as being subject to CBl, U.S. EPA will ask you to answer the tDllowing 
questions, giving as much detail as possible: 

1. For what period of time do you request that the information be maintained as 

confidential, e.g., until a certain date, until the occurrence of a specified event, or 

permanently? If the occurrence of a specific event will eliminate the need for 

confidentiality, please specify that event 

2. Information submitted to U.S. EPA becomes stale over time. Why should the 

information you claim as confidential be protected for the time period specified in your 

answer to question #1? 

3. What measures have you taken to protect the information claimed as confidential? 

Have you disclosed the information to anyone other than a governmental body or 

someone who is bound by an agreement not to disclose the information further? If so, 

why should the information still be considered confidential? 

4. Is the information contained in any publicly available material such as the Internet, 

publicly available databases, promotional publications, annual reports, or articles? Is 

there any means by which a member ofthe public could obtain access to the information? 

Is the information of a kind that you would customarily not release to the public? 

5. Has any governmental body made a determination as to the confidentiality of the 

information? If so, please attach a copy of the determination. 

6. For each category of infom1ation claimed as confidential, explain with specificity why 

release ofthe infom1ation is likely to cause substantial harm to your competitive position. 

Explain the specific nature of those harmful effects, why they should be viewed as 

substantial, and the causal relationship between disclosure and such harmful effects. 

How could your competitors make use of this information to your detriment? 

7. Do you assert that the information is submitted on a voluntary or a mandatory basis? 

Please explain the reason for your assertion. Tfyou assert that the information is 

voluntarily submitted information, explain whether and why disclosure of the information 

would tend to lessen the availability to U.S. EPA ofsimilar information in the future. 

8. Any other issue you deem relevant (including, if pertinent reasons why you believe that 

the information you claim to be eEl is not emission or effluent data. 

Please note that emission data provided under Section 114 of the Act, 42 U.S.c. § 7414, 

is not entitled to confidential treatment under 40 C.F.R. Part 2. "Emission data" means, with 

reference to any source of emission of any substance into the air. 

Information necessary to determine the identity, amount, frequency, concentration, or 

other characteristics (to the extent related to air quality) of any emission which has been emitted 

by the source (or of any pollutant resulting from any emission by the source), or any combination 

2 
of the foregoing; 

(a). Information necessary to determine the identity, amount, frequency, concentration, 

or other characteristics (to the extent related to air quality) of the 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 of operation of 

the source); and 

(b). A general description of the location and/or nature of the 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 of the device, installation, or operation 

constituting the source). 40 c.P.R. §§ 2.30 1(a)(2)(i)(A), (B) and (C). 

Emission data includes, but is not limited to, service records stating the amount of refrigerant 

added to a unit or reclaimed from a unit. 

If you receive a request for a substantiation let1er from the U.S. EPA, you bear the burden 

of substantiating your confidentiality claim. Conclusory allegations will be given little or no 

weight in the determination. In substantiating your CBI claim(s), U.S. EPA will require you to 

bracket all text so claimed and mark it "CBl." Information so designated will be disclosed by 

U.S. EPA only to the extent allowed by, and by means of the procedures set forth in, 40 C.F.R. 

Part 2, Subpart B. If you fail to claim the information as confidential, it may be made available 

to the public without further notice to you. 

3
 
United States Office of Enforcement and Compliance Assurance (2201 A) 

& Environmental Protection EPA 300-F-03-001 May 2003 EPA Agency 

'~<';::'-~:>:. '::.",'. U. s. EPA'Small Business Resources . . .... ", . , " ' . 

.~("~':~_.'.:~~\.,:,'.;',". . .,'. " 

I

f you own a small business, the United States Environmental Protection Agency (EPA) offers 

a variety of compliance assistance and tools to assist you in complying with federal and state 

environmental laws. These resources can help you understand your environmental obligations, improve 

compliance and find cost-effective ways to comply through the use of pollution prevention and other 

innovative technologies. 

Hotlines, Helplines and
 

Clearinghouses
 

EPA sponsors approximately 89 free hotlines and clearinghouses that provide convenient assistance regarding 

environmental requirements. 

The National Environmental Compliance Assistance 

Clearinghouse provides quick access to compliance 

assistance tools, contacts, and planned activities from the 

U.S. EPA, states, and other compliance assistance 

providers: http://www.epa.gov!clearinghouse 

Pollution Prevention Clearinghouse 

http://www.epa.gov/opptintrlJibrary/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 Planning and Community Right-To-Know Act 

(800) 424-9346 

National Response Center (to report oil and hazardous 

substance spills) 

(800) 424-8802 

Toxics Substances and Asbestos Information 

(202)554-1404 

Safe Drinking Water
 

(800)426-4791
 

Stratospheric Ozone and Refrigerants Information 

(800) 296-1996 

Clean Air Technology Center 

(919) 541-0800 

Wetlands Helpline 

(800) 832-7828 

r!i..l} Recycled/Recyclable 

M Printed with Soy/Canola Ink on paper that contains at least 30% post consumer fiber 

EPA Websites 

EPA has several Internet sites that provide useful compliance assistance information and materials for small 

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 Business Assistance Program 

http://www.epa.gov/ttnlsbap 

Office of Enforcement and Compliance Assurance 

http://www.epa.gov/compliance 

Compliance Assistance Home Page 

http://www.epa.gov/compliance/assistance 

Office of Regulatory Enforcement 

http://www.epa.gov/compliance/civillindex.html 

Office of Site Remediation Enforcement 

http://www,epa.gov/compliance/cleanup 

Innovative Programs for Environmental Performance 

http://www.epa.gov/partners 

Small Business Ombudsman 

www.sba.gov/ombudsman 
Compliance Assistance Centers 

In partnership with industry, universities, and other federal 

and state agencies. EPA has established national Compliance Assistance Centers that provide Internet and "faxback" 

assistance seNices for several industries with many small 

businesses. The following Compliance Assistance Centers 

can be accessed through the Center's gateway at http:// 

www.assistancecenterS.net or by calling the phone numbers 

below and at their respective websites: 

Metal Finishing 

(1-800-AT-NMFRC orwww.nmfrc.org) 

Printing 

(1-888-USPNEAC or www.pneac.org) 

Automotive Service and Repair 

(1-888-GRN-L1NK or www.ccar-greenlink.org) 

Agriculture 

(1-888-663-2155 or www.epa.gov/agriculture) 

Printed Wiring Board Manufacturing 

(1-734-995-4911 or www.pwbrc.org) 

The Chemical Industry 

(1-800-672-6048 or www.chemalliance.org) 

The Transportation Industry 

(1-888-459-0656 or www.transource.org) 

The Paints and Coatings Center 

(1-800-286-6372 or www.paintcenter.org) 

Three new centers are under development for the auto 

salvage sector, the construction industry, and U.S. Mexican border waste issues. 

State Agencies 

Many state agencies have established compliance assistance programs that provide on-site and other types of 

assistance. Contact your local state environmental agency 

for more information. For assistance in reaching state 

agencies, call EPA's Small Bu?iness Ombudsman at 

(800)-368-5888 or visit the Small Business Environmental 

Homepage at http://www.smallbiz-enviroweb.org/state.html. 

Compliance Incentives 

EPA provides incentives for environmental compliance. By 

participating in compliance assistance programs or 

voluntarily disclosing and promptly correcting violations, 

businesses may be eligible for penalty waivers or reductions. EPA has two policies that potentially apply to small 

businesses: The Audit Policy (http://www.epa.gov/compliance/incentives/auditing) and the Small Business Policy 

(http://www.epa.gov/compliance/incentives/smallbusiness). 

These do not apply if an enforcement action has already 

been initiated. 

Commenting on Federal Enforcement 

Actions and Compliance Activities 

The Small Business Regulatory Enforcement Fairness Act 

(SBREFA) established an ombudsman ("SBREFAOmbudsman") and 10 Regional Fairness Boards to receive comments 

from small businesses about federal agency enforcement 

actions. The SBREFA Ombudsman will annually rate each 

agency's responsiveness to small businesses. If you believe 

that you fall within the Small Business Administration's 

definition of a small business (based on your North American 

Industry Classification System (NAICS) designation, number 

of employees or annual receipts, defined at 13 C.F.R. 

121.201; in most cases, this means a business with 500 or 

fewer employees), and wish to comment on federal enforcement and compliance activities, call the SBREFA 

Ombudsman's toll-free number at 1-888-REG-FAIR (1-888­

734-3247). 

Every small business that is the sUbject of an enforcement 

or compliance action is entitled to comment on the 

Agency's actions without fear of retaliation. EPA 

employees are prohibited from using enforcement or any 

other means of retaliation against any member of the 

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, including 

providing timely responses to EPA information requests, 

administrative or civil complaints, other enforcement 

actions or communications. The assistance information 

and comment processes do not give you any new rights or 

defenses in any enforcement action. These processes 

also do not affect EPA's obligation to protect public health 

or the environment under any of the 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 

SBREFA Ombudsman and Fairness Boards do not 

participate in resolving EPA's enforcement actions. Also, 

remember that to preseNe your rights, you need to comply 

with all rules governing the enforcement process. 

EPA is disseminating this information to you 

without making a determination that your business 

or organization is a small business as definedby 

Section 222 of the Small Business RegUlatory 

Enforcement Fairness Act (SBREFA) or related 

provisions. 
STATEMENT OF CERTIFICATION
 

I certify under penalty of law that I have personally examined and am familiar with the 

information submitted in this document and all attachments and that, based on my inquiry 

of those individuals immediately responsible for obtaining information, I believe that the 

information is true, accurate, and complete. I am aware that there are significant 

penalties for submitting false information, including the possibility of fine or 

imprisonment. 

Signature 

Title 

Date