UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION 8
 

1595 Wynkoop Street 

DENVER, CO 80202-1129 

Phone 800-227-8917 

http://www.epa.gov/region08 

DEC 30 2011
 

Ref: 8P-AR 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Larry Zink 

Montana Sulphur and Chemical Company 

P.O.Box3Il18 

Billings, Montana 59107 

RE: Request for Additional Reasonable Progress 

Information for Montana Sulphur and Chemical Company, 

Pursuant to Section 114(a) of the Clean Air Act (42 U.S.C. 

Section 7414(a)) 

Dear Mr. Zink: 

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 was withdrawing its efforts to 

adopt a state implementation plan (SIP) for regional haze under the EPA's Regional Haze Rule (RHR), 

found at 40 CFR 51.308. Due to Montana's announcement that it would not be addressing the 

requirements under 40 CFR 51.308, the EPA Region 8 is moving forward with the technical and policy 

work needed to implement the requirements of the RHR under a Federal implementation plan (FIP). See 

Section 110(c)(l) of the Clean Air Act (CAA), 42 U.S.C. §7410(c)(l). 

As part of our effort to address requirements under the RHR for reasonable progress (RP) goals and 

strategies (see 40 CFR 51.308(d)(1) and 51.308(d)(3)), we are developing strategies for achieving the 

RP goal for Montana. We believe that the air pollution emissions units at the Montana Sulphur and 

Chemical Company, Billings, Montana facility warrant further analysis to determine whether additional 

controls should be considered. 

Please submit an analysis of control options for the emissions units at the Montana Sulphur and 

Chemical Company (MSCC), Billings, Montana facility, postmarked within 21 days of the date of this 

letter. The analysis must address the four factors included in 40 CFR § 51.308(d)(l )(i)(A) - the costs of 

compliance, the time necessary for compliance, the energy and non-air quality environmental impacts of 

compliance, and the remaining useful life of the potentially affected sources. We suggest that the Best 

Available Retrofit Technology (BART) Guidelines (see 40 CFR Part 51 Appendix Y) provide additional 

guidance on how to perform the cost of compliance portion of this analysis. Your analysis must consider 

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

of emission standards including the most stringent. 
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 will 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 are required to provide us with the information specified in this letter. This 

information will be used by the EPA in developing a regional haze FIP. Furthermore, information 

requests pursuant to Section 114 ofthe CAA are not limited to sources that are regulated by the 

particular rule the EPA is implementing. For example, Section 114(a)(l ) says that the 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 authorized officer or agent of MSCC must certify as true, accurate, and complete the response 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 MSCC. 

Please submit your response to: 

u.S. Environmental Protection Agency Region VIII
 

1595 Wynkoop Street
 

Denver, CO 80202-1129
 

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, MSCC is 

entitled to assert a business confidentiality claim covering any part of the submitted information. 

Attachment B specifies the assertion 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. 

The EPA has the authority to use any of the information required by this letter in developing a FIP for 

regional haze pursuant to the CAA, in assisting in development of, or in reviewing, a regional haze SIP, 

or in carrying out our other responsibilities or actions under the CAA as described in Section 114(a) of 

the CAA. 

A knowing submittal of false information in response to this request may be actionable under Section 

113(c)(2) of the CAA, as well as 18 U.S.C. §§1001 and 1341. Failure to comply with the terms of this 

request may subject MSCC to enforcement action under Section 113 ofthe CAA, 42 U.S.c. §7413. 

Also enclosed with this Request for Information is a Small Business Regulatory Enforcement and 

Fairness Act (SBREFA) information sheet. 

The requirements of this letter are not subject to the Paperwork Reduction Act of 1980,44 U.S.c. §3501 

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

my staff at 303-312-6561. 

Sincerely, 

~~~c· Stephen S. Tuber 

Assistant Regional Administrator 

Office of Partnerships and Regulatory Assistance 

Enclosures 

cc:	 John Bunyak, NPS 

Sandra Silva, USFWS 

Thomas Dzomba, USFS 

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