UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 8

1595 Wynkoop Street

DENVER, CO 80202-1129

Phone 800-227-8917

http://www.epa.gov/region08

NOV 0 5 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. Pursuant to Section 114(a)

ofthe Clean Air Act (42 U.S.C. Section 7414{a))

Dcar Mr. Briggs:

As you know. on July 19,2006, the Environmental Protection Agency (EPA) received a

letter from the Montana Department of Environmental Quality (MDEQ) that stated it \vas

withdrawing its efforts to adopt a state implementation plan (SIP) for regional h~..e under EPA"s

Regional Haze Rule (RHR). found at 40 eFR 51.308. Due to Montana's announcement that it

would not be addressing the requirements under 40 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 II O(c)( I) of the Clean Air Act (CAA).

42 U.S.c. §7410(c){I).

As part of our effort to address requirements under the 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 our January 29. 2009 CAA

Section 114 infonnation request on the emission units at your facility. Based on the emissions

and current control 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 of control 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 of compliance. the time n~ccssary for compliance. the
t:nergy and non-air quality environmental impacts of compliance. and the remaining useful Ii fc of

the potentially afTected sourcc. We suggest that thc Best Available Rctrofit Technoloh'Y (BART)

GuidcJinl.:s (sec 40 CFR Part 51 Appendix Y) provide additional guidance on how to perfonn the

cost ofcompliancl: portion of this analysis. Your analysis must consider thc full range of

available control technologies and for each technology. you must consider the full range of

emission standards including the most stringt:nt.

We understand this is a complicated endeavor. and we are available to answer any

questions that you may have on the RHR or the RP analysis. We w111 assist you in any way we

can and look forward to working with you.

Pursuant to Section 114 of the 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 particular rule EPA is

implementing. For example. Section 114(a)(I) 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:'

A duly authorizcd officer or agent ofthe facility must certify as true. accurate. and

complete the responsc to this information by signing the enclosed Statement of Certification and

returning it with the response. Such officer or agent must have sufficient knowledge and

authority to make such representations on behalf of Smurtit·Stone Container Enterprises

Incorpomtcd.

Please submit your 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 of Information 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 of false information in response to this request may be actionahle

under Section 113(c)(2) of the CAA. as well as 18 II-S,C. §§ 100 I and 1341. Failure to comply

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with the terms of this 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. If you have any questions please call

Vanessa Hinkle of my starT at 303-312-6561.

Sinc..:rcly.

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{..-1.- Stephen S. Tuber

Assistant Regional Administrator

Otlice of Partnerships and Regulatory Assistancl;:

Enclosures

cc: John Bunyak. NPS

Sandra Silva. lJSFWS

Thomas Dzomba. USI"S

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