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) ofthe Clean AirAct (42 U.S.C. Section 7414(a)) Dear Mr. Zink: As youknow, on July 19, 2006, the Environmental Protection Agency (EPA) received a letter from the Montana Department ofEnvironmental Quality (MDEQ) that stated it was withdrawing its efforts to adopt a state implementationplan (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 under40 CFR51.308, the EPA Region 8 is moving forward with the technical and policy work needed to implement the requirements ofthe RHRunder a Federal implementationplan (FIP). See Section 110(c)(l) ofthe Clean Air Act (CAA), 42 U.S.C. §7410(c)(l). As part ofoureffort 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 thatthe airpollution emissions units at the Montana Sulphur and Chemical Company, Billings, Montana facility warrant further analysis to determine whether additional controls should be considered. Please submitan analysis ofcontrol options for the emissions units at the Montana Sulphur and Chemical Company (MSCC), Billings, Montana facility, postmarked within 21 days ofthe date ofthis 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-airquality environmental impacts of compliance, and the remaining useful life ofthe potentially affected sources. We suggest that the Best Available Retrofit Technology (BART) Guidelines (see 40 CFRPart 51 Appendix Y) provide additional guidance on how to perform the cost ofcompliance portion ofthis analysis. Your analysis must consider the full range ofavailable control technologies and for each technology, youmust considerthe full range ofemission 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 orthe RP analysis. We will assist you in any way we can and look forward to working with you. Pursuant to Section 114 ofthe Clean AirAct, 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 particularrule the EPA is implementing. For example, Section 114(a)(l) says that the EPA may gather information from "any person who owns oroperates any emission source" or "whothe Administrator believes may have information necessary for the purposes set forth in this subsection." A duly authorized officer oragent ofMSCC must certify as true, accurate, and complete the response to this informationby signing the enclosed Statement ofCertification andreturning it with theresponse. Such officer oragent must have sufficient knowledge and authority to make such representations on behalfofMSCC. Please submit yourresponse 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) ofthe CAA, 42 U.S.C. §7414(c), and 40 C.F.R. Part 2, Subpart B, MSCC is entitledto assert a business confidentiality claim covering any part ofthe submitted information. Attachment B specifies the assertion and substantiationrequirements for business confidentiality claims. Failureto assert such a claim makes the submitted information subjectto public disclosure uponrequest 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. The EPA has the authority to use any ofthe informationrequired by this letter in developing a FIP for regional haze pursuant to the CAA, in assisting in development of, orin reviewing, aregional haze SIP, orin carrying out our otherresponsibilities oractions under the CAA as described in Section 114(a) of the CAA. A knowing submittal offalse information in response to this request may be actionable under Section 113(c)(2) ofthe CAA, as well as 18 U.S.C. §§1001 and 1341. Failure to comply with the terms ofthis request may subject MSCC to enforcementaction 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 ofthis letter are not subjectto the Paperwork Reduction Act of1980,44U.S.c. §3501 etseq.We appreciate yourcooperation in this matter. Ifyou have any questions please call Vanessa Hinkle of my staffat 303-312-6561. Sincerely,

# ~~~c· Stephen S. Tuber Assistant Regional Administrator Office ofPartnerships and Regulatory Assistance Enclosures

cc: John Bunyak, NPS Sandra Silva, USFWS Thomas Dzomba, USFS

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