UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION 8
 

1595 Wynkoop Street 

DENVER, CO 80202·1129 

Phone 800-227-8917 

http://www.epa.gov/region08 

MAY 18 2011 

Ref: 8P-AR 

CERTIFIED MAIL -- RETURN RECEIPT REQUESTED 

James M. Parker 

Manager, Environmental Compliance Services 

PPI> Montana, LLC 

303 N. Broadway, Suite 400 

Billings. Montana 59101 

RE: Updated Infon11ation Requested for Best Available 

Retrofit Technology Determination 

Dear Mr. Parker: 

Thank you for your previous responses in 2007 and 2008 to our request for a Best Available Retrofit 

Technology determination for Colstrip Units 1 and 2. This information is necessary to develop the 

Regional I-laze Federal Implementation Plan (FIP) for Montana. As we move forward in developing the 

FIP, we want to provide you with an opportunity to update information related to your five-factor 

analysis; therefore, if there is additional information that you would like the Agency consider in the 

development ofthat FIP, we request that you submit any revisions or additional information to us within 

45 days orthe date ofthis letter. 

Pkase suhmit your response to: 

U.S. Environmental Protection Agency Region VIII
 

1595 Wynkoop Street .
 

Denver, CO 80202-/129
 

Attention: Vanessa Hinkle, 8P-AR
 

Pursuant to Section 114(c) of the CAA, 42 U.S.C. §7414(c), and 40 C.F.R. Part 2, Subpart B, PPL 

Montana LLC is entitled to assert a business confidentiality claim covering any part of the submitted 

information. The enclosed attachment specifies the assertion and substantiation requirements for 

business confidentiality claims. Failure to assert such a claim makes the suhmitted information subject 

to puhlic disclosure upon request and without further notice to you, pursuant to the freedom of 

Information Act. 5 lJ.S.c. Section 552. Information subject to a husiness confidentiality claim may only 

be made availahle to the public in accordance with 40 C.F.R. Part 2, Subpart B. 

The requirements of this letlerare not suhjectto the Paperwork Reduction Act of 1980, 44 U.S.C. 93501 

el seq. 
We appreciate your cooperation in this matter. If you have any questions please call Vanessa Hinkle, of 

my staff, at (303) 312-6561. 

Deborah Lebow Aal 

Acting Director 

Air Program 

Enclosure 

cc: John Bunyak, NPS 

Sandra Silva, USFWS 

Thomas Dzomba, USFS 
STATEMENT OF CERTIFICATION
 

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

inl'ormation submitted in tbis document and all attachments and that, based on my inquiry 

of those individuals immediately responsible for obtaining infom1ation, I believe that the 

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

penalties for submitting false information, includ~ng the possibility of fine or 

imprisonment. 

Signature 

Title 

Date 

Attachment B
 

Confidential Business Information (CBI)
 

Assertion and Su bstantiation Requirements
 

a. Assertion Requirements 

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

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

claim, subm.it 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 infonnation, at the time it is submitted to U.S. EPA, a cover 

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

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

should no longer be treated as confidential. Information covered by such a claim wi II be 

disclosed by the United States Environmental Protection Agency (U S. EPA) only to the extent 

pcnnitted and by means of the procedures set forth by Section lI4(c) of the Clean Air Act (the 

Act), and 40 C.F .R. Part 2. Allegedly confidential portions of otherwise nonconfidential 

documents should be clearly identitied. 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 veritication 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 infonnation 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 CBT claim. You must provide U.S. EPA with a response 

within thc 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 betore 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 contidentiality claim or claims, and U.S. EPA may release the inlonnation. U.S. EPA 

will ask you to specify which ponionsofthe infomlation you consider confidential. You must 

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

your claim. Any information not speciticalJy 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 CBI, U.S. EPA will ask you to answer the following 
questions, giving as much detail as possible: 

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

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

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

confidentiality, please specify that event. 

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

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

answer to question # I? 

3. What measures have you taken to protect the infonnation 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 infonnation still be considered confidential? 

4. Is the inforn1ation 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 of the 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 detennination as to the confidentiality of the 

information? Ifso, please attach a copy of the determination. 

6. For each category of information claimed as confidentiaL explain with specificity why 

release of the information 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 slIch harmful effects. 

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

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

Please explain the reason for your assertion. If you assert that the inforn1ation is 

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

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

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

the information you claim to be em 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 po]]utant resulting Irom any emission by the source), or any combination 

2
 
of the foregoing; 

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

or other characteristics (to the extent related to air quality) of the emissions which, undcr 

an applicable standard or limitation, the source was authorized to emit (including, to the 

extent necessary for such purposes, a description of the manner and rate of operation of 

the source); and 

(b). A general description of thc 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.F.R. §§ 2.301 (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 rrom a unit. 

If you receive a request for a substantiation letter from the U.S. EPA, Y.2u bear the burden 

of substanti~til)£"'y'ourconfidentiality claim. Conclusory allegations will be given little or no 

weight in the determination. In substantiating your eBI c1aim(s), U.S. EPA will require you to 

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

U.S. cPA 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 (2201A) 

&EPA Environmental Protection EPA 300-F-Q3-o01 May 2003

Agency 

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 ih 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/clearlnghouse
 

Pollution Prevention Clearinghouse 

http://www.epa.gov/opptintr/library/ppicindex.htm 

EPA's Small Business Ombudsman Hotline can 

provide a list of a/l 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 

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://wwvv.epa.gov/ttnlsbap 

Office of Enforcement and Compliance Assurance 

http://www.epa.gov/compliance 

Compliance Assistance Home Page 

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

Office of Regulatory Enforcement 

http://www.epa.gov/compliance/civil/index.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 

Recycled/Rcc:yclablo 

: . " , :

Prinlod Wllh Say/e.wol'l Ink on paper that contains at lE!tl5t 30% post consumer fiber 
, .
 

Compliance Assistance Centers 

In partnership with industry, universities, and other federal 

and state agencies, EPA has established national Compliance Assistance Centers that provide Intemet and '1axback" 

assistance seNices for several industries with many small 

businesses. The following Compliance Assistance Centers 

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

WvVW.assistancecenters.net or by calling the phone numbers 

below and at their respective websites: 

Metal Finishing
 

(1-800-AT-NMFRC or www.nmfrc.org)
 

Printing
 

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

Automotive Service and Repair
 

(1-888-GRN·LlNK 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 borderwaste 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 

formore information. For assistance in reaching state 

agencies, call EPA's Small Business Ombudsman at 

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

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 enforceme'nt action has already 

been initiated. 

Commenting on Federal Enforcement
 

Actions and Compliance Activities
 

The Small Business Regulatory Enforcement Fairness Act 

(SBREFA) established an ombudsman (USBREFAOmbudsman") and 10 Regional Faimess 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 enforce_ment 

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 SBREFA Ombudsman 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 entol'cement process, 

EPA is disseminating this information to you 

without making a determination that your business 

or organization is a small business as defined by 

Section 222 of the Small Business RegUlatory 

Enforcement Fairness Act (SBREFA) or related 

provisions.