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, Suite400 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 1and 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 wantto provide you with an opportunity to update information related to your five-factor analysis; therefore, ifthere is additional informationthat you would like the Agency considerin the development ofthat FIP, we request that you submit any revisions oradditional information to us within 45 days orthedate 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) ofthe 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 ofthe 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 ofthis letlerare not suhjectto the Paperwork Reduction Act of 1980, 44 U.S.C. 93501 el seq.

### We appreciate your cooperation in this matter. Ifyouhave 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
Icertify under penalty oflaw that Ihave personally examined and am familiar with the inl'ormation submitted in tbis document and all attachments and that, based on my inquiry ofthose individuals immediately responsible for obtaining infom1ation, Ibelieve that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information,**includ~ng** the possibility offine or imprisonment.

Signature

Title

DateAttachment B
Confidential Business Information (CBI) Assertion and Substantiation Requirements



### a. Assertion Requirements
You may assert a business confidentiality claim covering all orpart ofthe infornlation requested in the attached letter, as provided in 40 C.F.R. §2.203(b). To make aconfidentiality claim, subm.it the requested information and indicate that you are making aclaim of confidentiality. Any document over which you make aclaim ofconfidentiality should be marked by placing on or attaching to the infonnation, at the time it is submitted to U.S. EPA, acover sheet. stamped or typed legend, orother suitable fonn ofnotice employing language such as "trade secret" or "proprietary" or "company confidential" and adate ifany when the infonnation should no longer be treated as confidential. Information covered by such aclaim wiII be disclosed by the United States Environmental Protection Agency (US. 

### EPA) only to the extent pcnnitted and by means ofthe procedures set forth by Section lI4(c) ofthe Clean Air Act (the Act), and 40C.F.R. Part 2. Allegedly confidential portions ofotherwise 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 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 veritication and must be made in accordance with 40 C.F.R. §2.208 which provides in partthat you satisfactorily show that you have taken reasonable measures to protect the confidentiality ofthe 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 aresponse within thc 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 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 ofyour 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 sentencewhen identifying the information subject to yourclaim. 

### 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 ofinformation that you identify as being subject to CBI, U.S. EPA will ask you to answer the followingquestions, giving as much detail as possible:
1. For what period oftime do you request that the infonnation be maintained as confidential, e.g., until a certain date, until the occurrence ofa specitied event. or permanently? Ifthe occurrence ofa 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 answerto question # I? 3. What measures have you taken to protect the infonnation claimed as confidential? Have you disclosed the information to anyone otherthan agovernmental body or someone who is bound by an agreement not to disclose the information further? Ifso, 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 ofthe public could obtain access to the information? Is the information ofa kind that you would customarily not release to the public?
5. Has any governmental body made a detennination as to the confidentiality ofthe information? 

### Ifso, please attach a copy ofthe determination.
6. For each category ofinformation claimed as confidentiaL explain with specificity why release ofthe information 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 slIch harmful effects. How could your competitors make use ofthis informationto your detriment?
7. Do you assert that the infomlation is submitted on a voluntary or amandatory basis? Please explain the reason for your assertion. Ifyou assert that the inforn1ation 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 \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 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 whichhas been emitted by the source (or ofany po]]utant resulting Irom any emission by the source), or any combination 2

### ofthe foregoing; (a). Information necessary to dctermine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) ofthe emissions which, undcr an applicable standard or limitation, the source was authorized to emit (including, to the extent necessary for such purposes, adescription ofthe manner and rate ofoperation of the source); and (b). Ageneral description ofthc 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, adescription ofthe 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 ofrefrigerant added to a unit or reclaimed rrom aunit. Ifyou receive arequest for a substantiation letter from the U.S. EPA, Y.2u bear the burden of**substanti~til)£"'y'our**

### confidentiality 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 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.



### 3United States Office of Enforcementand ComplianceAssurance (2201A) Environmental Protection EPA300-F-Q3-o01 May2003 

# &EPA Agency



# I f

### you own a small business, the United States Environmental Protection Agency (EPA) offers avariety of compliance assistance and tools to assist you ih complying with federal and state environmental laws. These resourcescan helpyou understandyourenvironmental obligations, improve compliance and find cost-effective waysto complythrough the use of pollution prevention and other innovativetechnologies. Hotlines, Helplines and Clearinghouses EPAsponsors approximately 89 free hotlines and clearinghousesthat provide convenient assistance regarding environmental requirements. The National Environmental Compliance Assistance Clearinghouse provides quick access to compliance assistance tools, contacts, and planned activitiesfrom 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-KnowAct (800) 424-9346 National Response Center (to report oil and hazardous substance spills) (800)424-8802 Toxics Substancesand 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 BusinessAssistance Program http://wwvv.epa.gov/ttnlsbap Office of Enforcementand ComplianceAssurance 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 Programsfor Environmental Performance http://www.epa.gov/partners Small Business Ombudsman www.sba.gov/ombudsman

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

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Compliance Assistance Centers In partnershipwith industry, universities, and otherfederal and stateagencies, EPA has established nationalComplianceAssistance Centersthat provide Intemetand '1axback" assistance seNicesforseveral industrieswith manysmall businesses. The following Compliance Assistance Centers can be accessed through the Center's gateway at http:// WvVW.assistancecenters.net orby calling the phone numbers below and attheir respectivewebsites: Metal Finishing (1-800-AT-NMFRC orwww.nmfrc.org) Printing (1-888-USPNEAC orwwvv.pneac.org) Automotive Service and Repair (1-888-GRN·LlNKorwww.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 (1-800-672-6048orwww.chemalliance.org) The Transportation Industry (1-888-459-0656 orwww.transource.org) The Paints and Coatings Center (1-800-286-6372 orwww.paintcenter.org) Three newcenters are underdevelopmentforthe auto salvage sector, the construction industry, and U.S. Mexican borderwaste issues. 

### State Agencies Many state agencies have established complianceassistance programsthat provide on-site and othertypes of assistance. Contactyour local state environmental agency formore information. Forassistance in reaching state agencies, call EPA's Small Business Ombudsman at (800)-368-5888 orvisitthe Small Business Environmentai Homepageat 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 correctingviolations, businesses may be eligible for penalty waivers or reductions. EPA has two policies that potentially apply to small businesses: TheAudit 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'ntaction hasalready been initiated. 

### Commenting on Federal Enforcement Actions and Compliance Activities The Small Business Regulatory Enforcement FairnessAct (SBREFA) establishedan ombudsman (USBREFAOmbudsman") and 10 Regional Faimess Boardsto receivecomments from small businesses aboutfederal agencyenforcement actions. The SBREFA Ombudsman will annually rate each agency's responsiveness to small businesses. Ifyou believe that you fall within the Small Business Administration's definition of asmall business (based on your North American IndustryClassification System (NAICS) designation, number of employees orannual receipts, defined at 13 C.F. R. 121.201; in most cases, this means a business with 500 or feweremployees), andwish to commenton federal enforcement and compliance activities. call the SBREFA Ombudsman'stoll-free numberat 1-888-REG-FAIR (1-888­ 734-3247). Every small business that is the subject of an enforce_ment orcompliance action is entitled to comment on the Agency's actions withoutfear of retaliation. EPA employees areprohibited from using enforcementorany othermeans of retaliation against any memberof the regulated community because the regulated community previously commented on its activities.


### Your Duty to Comply Ifyou 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 orcivil 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 orthe environment underanyofthe environmental statutes it enforces, including the right to take emergency remedial oremergency response actionswhen appropriate. Those decisions will be based on the facts in each situation, The SBREFAOmbudsman and Fairness Boards do not participate in resolving EPA's enforcement actions. Also. rememberthatto preseNe your rights, you need to comply with all rules governing the entol'cement process, EPA is disseminating this information to you withoutmakingadetermination thatyourbusiness ororganizationisasmallbusinessas definedby Section 222 of the Small Business RegUlatory Enforcement Fairness Act (SBREFA) orrelated provisions.