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) ofthe Clean Air Act (42 U.S.C. Section 7414(a))
Dear Mr. Zink: OnJune 19,2006,the Environmental Protection Agency (EPA) received a letter from the Montana Department ofEnvironmental Quality (MDEQ) that stated it was withdrawing its efforts to adopt a state implementationplan (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 implementthe requirements ofthe RHR under a Federal Implementation Plan (FIP). See Section 110(c)(1) ofthe Clean Air Act (CAA), 42 U.S.C. §7410(c)(l). As part ofour 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'sunderstanding that Montana Sulphur and Chemical Company (MSCC) is the owner and operator ofthis facility and that this facility contains emission sources. Pursuant to Section 114 ofthe 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 ofa 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 ofthe CAA are not limited to sources that are regulated by the particular rule EPA is implementing. For example, Section 1 14(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 ofreceipt ofthis letter. A duly authorized officer or agent of Montana Sulphur and Chemical Company must certify as true, accurate, and completeMSCC's response to this informationrequest by signing the enclosed Statement ofCertification and returning it with MSCC's response. Such officer or agent must have sufficient knowledge and authority to make such representations onbehalfofMSCC. Please submitthe 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) ofthe 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 ofthe 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 otherresponsibilities or actions under the CAA as described in Section 114(a) ofthe CAA. A knowing submittal offalse information in response to this request may be actionable under Section 1n(c)(2) ofthe CAA, as well as 18TJ.S.C. §§IOOI and 1341. Failure to comply fully with the terms ofthis request may subject MSCC to an enforcement action under Section 113 ofthe 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 ofthis letter are not subject to the Paperwork Reduction Act of 1980, 44 U.S.C. §3501 etseq.

2We would like to thank you for your cooperation in this matter. Ifyouhave any questions, please contact Laurel Dygowski ofmy staffat (303) 312-6144.
Sincerely,

# r!~a.~ Eddie A. Sierra Acting Assistant Regional Administrator Office ofPartnerships and Regulatory Assistance Enclosures



### 3 

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### Attachment A 

### Montana Sulphur 

### & Chemical Company Request for Information Pursuant to Section 114 ofthe CAA 

### 1. Contact Information

a. Name: b. Title: c. Telephone number: d. Fax number: e. e-Mail: 2. Clausprocess

a. The Montana Department ofEnvironmental Quality (DEQ) "Operating Permit Technical Review Document" for Montana Sulphur lists that plant's rated capacity at 282 tons ofelemental sulfur per day. Please confirm the maximum daily production rate. b. What is the average daily production rate? c. The DEQ permitreview 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 ofthe Claus process? e. What is the expected remaining equipment life ofthe Claus process? 3. SuperClaus process

a. The operating permit and a letter from Bison Engineering dated February 26, 2007 indicate that effluentfrom the Claus process is routedto two SuperClaus processes, which are installed in aparallel configuration. The February 26, 2007 letter indicates that these SuperClausprocesses are optional, in that they are not required by the permit. Is this information correct? b. What is the design capacity ofthe original SuperClaus unit (give units)? c. What is the design capacity ofthe 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 ofthe most recently installed SuperClaus process: f. 

### Annual operating cost ofthe most recently installedprocess: g. Year installed: h. Expected remaining life ofthe most recent SuperClausprocess: 1. 

### Expected remaining ofthe older SuperClaus process:

1 Montana DEQ October 31, 2005, Operating PermitTechnical Review Document forthe 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 afterthe SuperClaus effluent units? k. Conditions ofthe 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 ofoperation: vi. SOz concentration (ppm): vii. HzS concentration (ppm): 4. Tail gas incinerator

a. What is the expected remaining equipment life ofthe 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 ofthe incineratorexhaust gas: i. Maximum volumetric flowrate (acfm): ii. Average volumetric flowrate (acfm); 111. 

### Temperature: iv. Moisture (%): v. Hours ofoperation: 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 ofSOz 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 ofgas would have to be held by a flare gas recovery system in order to reduce flare emissions ofSOz by 90%? 6. Otherpollution control equipment (ifapplicable)

a. Please describe any additional air pollution control equipment for the Claus process. b. How does this equipmentinterface with the Claus process, the SuperClaus process, and the tail gas incinerator? c. What is the expected remaining equipment life ofthe control equipment? d. Conditions ofthe device exhaust gas i. Maximum volumetric flowrate (acfm): 11. 

### Average volumetric flowrate (acfm):

A-2111. 

### Temperature: IV. 

### Moisture (%): 

### v. Hours ofoperation: 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, inthe 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 duringthe course ofthe year? i. How many times? ii. For how many hours? d. What would emissionshave been in that year with no bypassing ofthe SuperClaus units, ifdifferent. i. Annual: ii. Average hourly:

A-3Attachment B Confidential Business Information (CBI) Assertion and Substantiation Requirements

a. Assertion Requirements
You may assert a business confidentiality claim covering all or part ofthe 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 indicatethat you are making a claim of confidentiality. Any document over which you make a claim ofconfidentiality 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 ofnotice employing language such as "trade secret" or "proprietary" or "company confidential" and a date ifany 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 ofotherwise nonconfidential documents should be clearly identified. U.S. EPA will construethe 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 veriiication and must be made in accordance with 40 C.F.R. §2.208 which provides in part that you satisfactorily showthat you have taken reasonable measures to protect the confidentiality ofthe information and that you intend to continue to do so; and thatthe 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 ofdays 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 submityour comments within thattime 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 specifY which portions ofthe 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 ofinformation that you identify as being subject to CBl, U.S. EPA will ask you to answer the tDllowingquestions, giving as much detail as possible:
1. For what period oftime do yourequest that the information be maintained as confidential, e.g., until a certain date, until the occurrence ofa specified event, or permanently? Ifthe occurrence ofa 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 answerto question 

### #1?
3. What measures have you takento 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? Ifso, 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 ofa kind thatyou would customarily not release to the public?
5. Has any governmental body made a determination as to the confidentiality ofthe information? Ifso, please attach a copy ofthe determination.
6. For each category ofinfom1ation claimed as confidential, explain with specificitywhy release ofthe infom1ation is likely to cause substantial harm to your competitive position. Explain the specific nature ofthose 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 ofthis 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 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 informationyou claim to be

## eEl is not emission or effluent data.
Please note that emission data provided under Section 114 ofthe 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 ofemission ofany substance into the air. Information necessary to determine the identity, amount, frequency, concentration, or other characteristics (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, frequency, concentration, orother 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). A general description ofthe location and/or 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.P.R. §§ 2.301(a)(2)(i)(A), (B) and (C). Emission data includes, but is not limited to, service records stating the amount ofrefrigerant added to a unit orreclaimed from a unit.
Ifyou receive a request for a substantiation let1er from the U.S. EPA,you bear the burden ofsubstantiating your confidentiality claim. Conclusory allegations will be given little or no weight inthe 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. EPAonly to the extent allowed by, and by means ofthe procedures set forth 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.

3UnitedStates Officeof Enforcementand ComplianceAssurance (2201A) Environmental Protection EPA 300-F-03-001 May2003 

# &EPA Agency

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# s. EPA'Small Business Resources

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# I f you own a small business, the United States Environmental Protection Agency (EPA) offers a variety ofcompliance assistance and toolsto assist you in complying with federal and state environmental laws. These resources can helpyou understandyourenvironmental obligations, improve complianceandfind cost-effectivewaysto complythrough the use ofpollution prevention and other innovativetechnologies. Hotlines, Helplines and Clearinghouses EPAsponsors approximately 89 free hotlines and clearinghousesthat provide convenientassistance regarding environmental requirements. The National Environmental ComplianceAssistance Clearinghouse provides quickaccess 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-KnowAct (800) 424-9346 National ResponseCenter (to reportoil and hazardous substance spills) (800)424-8802 ToxicsSubstancesandAsbestos Information (202)554-1404 Safe Drinking Water (800)426-4791 StratosphericOzone and Refrigerants Information (800)296-1996 Clean AirTechnology Center (919)541-0800 Wetlands Helpline (800) 832-7828 

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

### EPA Websites EPA has several Internetsites that provide usefulcompliance assistance information and materials forsmall businesses. Ifyou don't have access to the Internetat 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 ComplianceAssistance 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 Programsfor Environmental Performance http://www.epa.gov/partners Small Business Ombudsman www.sba.gov/ombudsman

### Compliance Assistance Centers In partnershipwith industry, universities,and otherfederal and state agencies. EPA has established national Compliance Assistance Centers that provide Internetand "faxback" assistanceseNicesfor several industries with manysmall businesses.Thefollowing ComplianceAssistance Centers can be accessed through the Center's gateway at http:// www.assistancecenterS.net orby callingthe phone numbers below andattheir respective websites: Metal Finishing (1-800-AT-NMFRC orwww.nmfrc.org) Printing (1-888-USPNEAC orwww.pneac.org) Automotive Service and Repair (1-888-GRN-L1NKorwww.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 orwww.chemalliance.org) TheTransportation Industry (1-888-459-0656 orwww.transource.org) The Paints and Coatings Center (1-800-286-6372 orwww.paintcenter.org) Three newcentersare underdevelopmentforthe auto salvage sector, the construction industry, and U.S. Mexican borderwaste issues. 

### State Agencies Manystateagencies 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 Bu?iness Ombudsman at (800)-368-5888 orvisit the Small Business Environmental Homepageat http://www.smallbiz-enviroweb.org/state.html. 

### Compliance Incentives EPA provides incentivesforenvironmental compliance. By participating in compliance assistance programs or voluntarilydisclosing and promptly correctingviolations, businesses may beeligiblefor penaltywaivers 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 notapply if an enforcementaction hasalready been initiated. 

### Commenting on Federal Enforcement Actions and Compliance Activities The Small Business Regulatory Enforcement FairnessAct (SBREFA) established an ombudsman ("SBREFAOmbudsman") and 10 Regional Fairness Boards to receivecomments 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 BusinessAdministration's definition ofasmall business (based onyour NorthAmerican IndustryClassification System (NAICS)designation, number of employees orannual receipts, defined at 13 C.F.R. 121.201; in mostcases, this means a business with 500 or feweremployees), andwish tocommentonfederal enforcementand compliance activities, call the SBREFA Ombudsman'stoll-free numberat 1-888-REG-FAIR (1-888­ 734-3247). Everysmall business that is the sUbject ofan enforcement orcompliance action is entitled to comment on the Agency's actions withoutfearof retaliation. EPA employeesare prohibitedfrom using enforcement orany other means of retaliation against any memberof the regulated community becausethe regUlated community previously commented on its activities.


### Your Duty to Comply Ifyou receive complianceassistance

### or submitcomments to the SBREFAOmbudsman or Regional Fairness Boards, you still have the dutyto comply with the law, including providing timely responses to EPA information requests, administrative orcivil complaints, other enforcement actions or communications. The assistance information and comment processes do not giveyou any new rights or defenses in anyenforcement action. Theseprocesses also do not affect EPA's obligation to protect public health 

### ortheenvironment under any ofthe environmental statutes it enforces, including the right totake emergency remedial oremergency response actions when appropriate. Those decisions will be based on the facts in each situation. The SBREFAOmbudsman and Fairness Boards donot participate in resolving EPA's enforcement actions. Also, rememberthatto preseNeyour rights, you needto comply with all rules governingthe enforcement process. EPA is disseminating this information to you withoutmakinga determination thatyourbusiness ororganization isa smallbusinessasdefinedby Section 222 of the Small Business RegUlatory Enforcement Fairness Act (SBREFA) or related provisions.

### STATEMENT OF CERTIFICATION
I certify under penalty oflaw that I have personally examined and am 

### familiar with the information submitted in this document and all attachments and that, based on my inquiry ofthose individuals immediately responsible for obtaining information, I 

### believe that the informationis true, accurate, and complete. I 

### am aware thatthere are significant penalties for submitting false information, including the possibility offine or imprisonment.

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