From: Rosenthal, Steven  

Sent: Tuesday, March 15, 2016 2:24 PM

To: Panos, Christos <Panos.Christos@epa.gov>

Subject: EPA Rule Support for Using Individual Hourly Data for Setting Emission Limits Docket EPA‐RO5‐OAR‐2015‐0196

The attachment from Douglas McWilliams was intended to support Cliffs and ArcelorMittal’s position that the non‐parametric 95th

percentile UPL should be obtained based upon hourly values even if compliance is to be based upon a 720‐hour average.  This is in

contrast to EPA’s position that, by definition, the non‐parametric 95th percent UPL should be obtained based upon data consistent

with the averaging time of the emission limit.  That would mean that if compliance is to be determined based upon a 720‐hour

average the 95th percentile UPL must be based upon data points representing 720‐hour averages and if compliance is to be based

upon hourly values, then the 95th percent UPL should also be based on hourly values.

The attached document from Mr. McWilliams refers to the PVC MACT (77 FR 22848) and is intended to support Cliffs’ and

ArcelorMittal’s position.  On March 9th, 2016, I spoke with EPA’s Jodi Howard, the contact for this 2012 rule.  She confirmed that the

99.9 percentile emission limit was based on daily values, obtained by averaging three 8‐hour samples.  Compliance is also to be

based upon a 24‐hour averaging time and an 8‐hour sampling frequency.  The emission limit and compliance period were therefore

based upon the same averaging time consistent with EPA’s approach.   

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

Sent: Monday, March 07, 2016 5:56 PM

To: Aburano, Douglas <aburano.douglas@epa.gov>; Wagner, William <wagner.william@epa.gov>; D'Agostino, Kathleen

<dagostino.kathleen@epa.gov>; Miller, Patrick <miller.patrick@epa.gov>; Liljegren, Jennifer <Liljegren.Jennifer@epa.gov>; Smith,

Molly <Smith.Molly@epa.gov>; Greenberg, Alan (ENRD) <Alan.Greenberg@usdoj.gov>; Parker, Barrett <Parker.Barrett@epa.gov>;

Rosenthal, Steven <rosenthal.steven@epa.gov>

Subject: tacnite petitions; EPA Rule Support for Using Individual Hourly Data for Setting Emission Limits [I‐AMS.FID1382176]

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

Sent: Monday, March 07, 2016 4:42 PM

To: Greenberg, Alan (ENRD) <AGreenberg@ENRD.USDOJ.GOV>

Cc: Kacenjar, Allen A. <allen.kacenjar@squirepb.com>

Subject: EPA Rule Support for Using Individual Hourly Data for Setting Emission Limits [I‐AMS.FID1382176]

Alan,  

Per your request, the attached contains some of the EPA rulemaking support for using individual hourly data points when setting

emission limits with UPL and Percentile‐based equations.  Supporting documents are embedded within the attached word

document.  

We can discuss this during our conference call Tuesday 3/8/16 at 10 am Central and 11 am Eastern.   

We will use my call in number 800‐925‐7671 access 4798332.

Douglas A. McWilliams 

Partner 

Squire Patton Boggs (US) LLP 

4900 Key Tower 

127 Public Square 

Cleveland, Ohio 44114 

T +1 216 479 8332 

O +1 216 479 8500 

F +1 216 479 8780 

M +1 216 407 4968 

Douglas.McWilliams@squirepb.com | squirepattonboggs.com

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