UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595 Wynkoop Street DENVER, CO 80202-1129 Phone 800-227-8917 http://www.epa.gov/region08 

### NOV 05 2010 Ref: 8P-i\R CERTIFIED MAIL

- RETURN RECEIPT REQUESTED JcfTBriggs 

### Environmental Manager Smurfit-Stone Container Enterprises Incorporated 

### 14377 Pulp Mill Road 

### P.O. Box 47-7 Missoula Montana 59806-4707
RE: Request rOf

### Additional Reasonable Progress Information for Smurfil-Stone Container 

### Enterprises Incorporated. Pursuantto Section 114(a) of

### the Clean 

### AirAct (42 U.S.C. Section 

### 7414{a))
DcarMr. Briggs: 

### As you know. on July 19,2006, the Environmental Protection Agency (EPA) received a letterfrom the Montana DepartmentofEnvironmental Quality (MDEQ) that stated 

### it \vas 

### withdrawing its efforts to adopt astate implementationplan (SIP) forregional**h~..e** 

### underEPA"s Regional Haze Rule (RHR). found at40 eFR 51.308. Due to Montana's announcement that it would not be addressing the requirements under40 eFR 51.308. EPA Region 8 is moving forward with the technical and policy work**ncede~** 

### to implement tht: requirements ofthe RHR under a Federal implementation plan (FIP). Sec Section IIO(c)( I) ofthe Clean AirAct (CAA). 42 U.S.c. 

### §7410(c){I).
As part ofoureffort to address requirements underthe RIIR for reasonable progress (RP) goals and strategies (see 40 CFR 51.308(d)(I) and 51.308(d)(3». we previously requested information regarding. Smurtit-SlOne Container Enterprises Incorporated. We have reviewed lhe infonnation thal you submitted dated April 

### I. 2009 in response to ourJanuary 29. 2009 CAA Section 114 infonnation request on the emission units at your facility. Based on the emissions and currentcontrol technology infonnation you submitted. the emissions units at your facility arc sources that warrant further analysis in considering and developing strategies for achieving the RP goal for Montana.
Please submit an analysis ofcontrol options for these units postmarked within 60 days of the date ofthis letter. The analysis must address the four factors included in 40 eFR 

### § SI.308(d)(1 )(iXA)

- the costs ofcompliance. the time**n~ccssary** 

### forcompliance. thet:nergy and non-airquality environmental impacts ofcompliance. and the remaining useful Iifc of the potentially afTected sourcc. We suggest that thc BestAvailable Rctrofit Technoloh'Y (BART) GuidcJinl.:s (sec 40 CFR Part 51 Appendix Y) provide additional guidance on how to perfonn the cost ofcompliancl: portion ofthis analysis. Youranalysis must considerthc full range of available control technologies and foreach technology. you must considerthe full range of emission standards including the most stringt:nt.
We understand this is a complicated endeavor. and we are available to answerany questions that you may have on the RHR orthe RP analysis. We w111 assist you in any 

### way we can and look forward to working with you. Pursuantto Section 114 ofthe Clean Air Act. 42 U.S.c. *7414. and under authority duly delegated to the undersigned. you arc required to provide us with the information specified in this letter. 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 hazc SIP for Montana. Furtheml0re. information requests pursuant to Section 114 ofthe CAA are not limited to sources thai arc regulated by the particularrule EPA is implementing. Forexample. Section 114(a)(I) says that EPA may gatherinformation from ""any person who owns or operates anyemission source" or "who the Administratorbelieves may have information necessary forthe purposes set forth in this subsection:'
A duly authorizcd officeroragent ofthe facility must certify as true. accurate. and complete the responsc to this information by signing the enclosed StatementofCertification and returning it with the response. Such officeror agent must have sufficient knowledge and authority to make such representations on behalfofSmurtit·Stone ContainerEnterprises Incorpomtcd. Please submityour response to; U.S. Environmental Protection Agency Region VIII 1595 Wynkoop Street Denver. CO 80202-1129 Attention: Vanessa Ilinkle. 8P-AR
Pursuanl to Section 114(e) ofthe CAA. 42 U.S.c. §7414(e). and 40 C.F.R. Pan 2. Subpart 

### B. Smurfit·Stone Container Enterprises Incorponned is entitled to assert a business confidentiality claim covering any part ofthe submitted information. Attachment B specified the a'iscrtion 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 C.F.R. Part 2. Subpart 

### B.
A knowing submittal offalse information in response to this request may be actionahle under Section 113(c)(2) ofthe CAA. as well as 18 II-S,C. §§ 100I and 1341. Failure to comply 

### -2-with the terms ofthis request may subject Smurfit-SLOne Container Enterprises Incorporated to t:nlorcemenL action under Section 113 ofthe CAA. 42 U.S.c. *7413. Also enclosed with this Requesllor Infonnation is a Small Business Rcgubtory Enforcement and Fairness Act (SJ3REFA) infonnation sheet.
The requirements ofthis letter arc not subject to the Paperwork Reduction Act of 1980. 44 U.S.C. *3501 clscq.
We appreciate your cooperation in this matter. Ifyou have any questions please call Vanessa Hinkle ofmy starTat 303-312-6561.Sinc..:rcly.



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### {..-1.- Stephen S. Tuber Assistant Regional Administrator Otlice ofPartnerships and Regulatory Assistancl;:
Enclosures

cc: John Bunyak. NPS Sandra Silva. lJSFWS Thomas Dzomba. USI"S



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