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 Greg Gannon Environmental Manager Hokim US, Inc. 4070 Tridcnt Road Three Forks. Montana 59752
RE: Updated Information Requested for Best Available Retrofit Technology Determination
Dear Mr. Gannon:
Thank you for your previous responses in 2007 and 2008 to ourrequest for a Best Available Retrofit Technology determination for Holcim US Inc. This information is necessary to develop the Regional Haze Federal Jmplementation Plan (FIP) for Montana. As we move forward in developing the FIP, we want to provide you with an opportunity to update information related to your five-factor analysis; therclore, ifthere is additional information that you would like the Agency considerin the development orthat FIP, we request that you submit any revisions oradditional information to us within 45 days of the date ofthis letter.
Please submit your response to: U.S. Environmental Protel:1ion Agency Region VIII 1595 Wynkoop Street Dcnver, CO 80202-1129 Attention: Vanessa Hinklc, gp-AR
Pursuant to Section 114(c) orthe CAA, 42 U.S.c. §7414(c), and 40 C.F.R. PU1t2, Subpart B, Holcim US Inc. is cntitled to assert a business confidentiality claim covering any part ofthe submitted information. The enclosed attachment specities the assertion and substantiation requirements tor busincssconfidentiality 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 Jnformation 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 requirements ofthis letter are not subject to the Paperwork Reduction Act of 1980, 44 U.S.C. §3501 el seq.

### We appreciate yourcooperation in this matter. Ifyou have any questions please call Vanessa Hinkle. of my staff

..at (303) 312-6561. Sincerely,

Deborah Lebow AaJ Acting Director Air Program

Enclosure

cc: John Bunyak, NPS SandraSilva. USFWS Thomas Dzomba. USFS

### STATEMENT OF CERTIFICATION
Icertlfy und<:r penu]ty ofJaw that Ihave personally examined and am familiar with the information suhmitted in this document and all attachments and that, based on 

### my inquiry oj'those individuals immediately responsible for obtaining infOlmation, Ibelieve that the in1{)rmalion is trw.::, accurate, and complete. I am aware that there are significant pcnultics for submitting**t~1lse** 

### information, including the possibility offine 

### or imprisonment.

Signature

Title

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

a.**Ass~rtion** Requirements
You may assert a business confidentiality claim covering all orpart ofthe infonnation requested in the attached letter, as provided in 40 C.P.R. §2.203(b). To make a confidentiality claim, submit the requested in1onnation and indicate that you are making a claim of confidentiality. Any document over which you make a claim ofconfidentiality should be marked by placing on or attaching to the infonnation, at the time it is submittedto U.S. EPA, a cover sheet. stamped or typed legend, orother suitable fonn ofnotice employing language such as "trade secret" or "proprietary" or "company confidential" and a date ifany whenthe infonnation should no longer be treated as confidential. Infonnation covered by such a claim will be disclosed by the United States Environmental Protection Agency (U.S. EPA) only to the extent pem1itted and by means ofthe procedures setforth by Section 114(c) ofthe Clean Air Act (the Act), and 40 C.F.R. Part 2. Allegedly confidential portions ofotherwise nonconfidential documents should be clearly identified. 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 ot' such information to the general public may constitute un invasion ofprivacy.
b. .sUbstantiation Requirements
All confidentiality claims are subject to U.S. EPA verification and must be made in accordance with 40C.F.R. §2.208 which provides in part that 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 in1ormation 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 CBI claim. You mustprovide U.S. EPA with a response within lhe number oCdays 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 before the end of the response period specified in that letter. Except in extraordinary circumstances, no extension will be approved. Failure to submityour comments within that time will be regarded as a waiver ofyour confidentiality claim orclaims, and U.S. EPA may release the infonnation. U.S. EPA will ask you to specify which portions ofthe infonnation you considerconfidential. You must be specific by page, paragraph, and sentencewhen identifying the information subject to your claim. Any information not speciticalJy identifie.d as subject to a conlldentiality claim may be disclosed to the requestor without further notice to you. ror each item or class ofinformation that you identify as being subjectto CBI, U.S. EPA will ask you to answer the following

### questions. giving as much detail as possible: 1. For what period oftime do you request that the information be maintained as confidential, e.g., until a certain date. until the occurrence ofa specified event, or permanently? Ifthe occurrence ofa specific event will climinate the need Cor 

### confidentiality, please specify that event. 2. InfOlmation submitted to U.S. EPA becomes stale over time. Why should the information you claim as confidential be protected for the time period specified in your answer to question 

### #1'?
3. 

### What measures have you taken to protect the information claimed as confidential? Have you disclosed the information to anyone other than a governmental body or somcone who is bound by an agreement not to disclose the information further'? Ifso. why should the infonnation still be considcred confidcntiaP 4. Is the information 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 detennin3tion 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 (0 

### 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 bet\Neen disclosure and such harmful effects. How could your competitors make use ofthis information to your detriment" 7. Do you assert that the information is submitted on a voluntary or a mandatory basis'? Please explain the reason for your assertion. Ifyou assert that the infoffi1ation 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 why you believe that the information you claim to be 

## em is 

### not emission oreffluent data.) Please note that emission data provided under Section 114 

### ofthe Act 42 

### U.S.c. §7414, 

### is not entitkd to confidential treatment under 40 C.F.R. Part 2. "Emission data" means, with reference to any sourcc 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 which has heen emitted by the source (or ofany pollutant resulting from any emission by the source), or any combination 2

### ofthe foregoing; (a). Information necessary to determine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) ofthe emissions which, under 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). A general description ofthe 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 Crom 

### a unit.
If 

### you receive arequest for a substantiation letter from the U.S. EPA, YQ\:L9car the burden ofsubstantiatinfl.Y0ur confldentiality claim. Conclusory allegations will be given little or no weight in the determination. In substantiating your

## eBI claim(s), U.S. EPA will require you to bracket all text so claimed and mark it "eEl," 

### Infonnation so designated will be disclosed by U.S. EPA 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 intormation 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..Q01 May2003 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 in complying with federal and state environmental laws, These resourcescan helpyou understandyourenvironmental obligations, improve compliance andfind cost-effective ways to complythroughthe use of pollution prevention and other innovativetechnologies. Hotlines, Helplines and Clearinghouses EPAsponsors approximately89 free hotlines and clearinghousesthat provide convenientassistance regarding environmental requirements. The National Environmental ComplianceAssistance Clearinghouse provides quickaccess to compliance assistance tools, contacts, and planned activities from 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 al/1I1e hot lines and assist In deter· mining the holline best meeting your needs: (800) 368-5888 Emergency Planningand Community Right-To-KnowAct (800) 424-9346 National Response Center (to report oil and hazardous substance spills) (800)424-8802 Taxies SubstancesandAsbestos Information (202)554-1404 Safe Drinking Water (800)426-4791 StratosphericOzone and Refrigerants Information (800) 296-1996 Clean Air Technology Center (919)541-0800 Wetlands Helpline (800)832-7828



## &-t::D RecycledJRccyclablo

CYI Prlnlod w'1h Soy/Canola Ink on paper lhnt contaIns at least 30% post consumer nber 

### EPA Websites EPA has several Internetsitesthat provide usefulcompliance assistance information and materials for small businesses. If you don'thave 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://www.epa.govfttnlsbap Officeof Enforcementand ComplianceAssurance http://www.epa.gov/compliance Compliance Assistance Home Page http://www.epa.gov/compliance/assistance Officeof Regulatory Enforcement http://www.epa.gov/compliance/civillindex.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

# ·.

Compliance Assistance Centers In partnership with industry, universities, and otherfederal and state agencies, EPA has established national Compli­

.ance AssistanceCentersthat provide Intemetand**'~axback"** assistanceservicesfor several industrieswith manysmall businesses. The following ComplianceAssistance Centers can be accessed through theCenter's gateway athttp:// www.assistancecenters.net

### or by calling the phone numbers below and attheir respective websites: Metal Finishing (1-800-AT-NMFRC orwww.nmfrc.org) Printing (1-888-USPNEAC orWW\"I,pneac.org) Automotive Service and Repair (1-888-G RN·L1NKorwww.ccar-greenlink.org) Agriculture (1-888-663-2155orwww.epa.gov/agriculture) Printed Wiring Board Manufacturing (1-734-995-4911 orwww.pwbrc.org) The Chemical Industry (1-800-672-6048 orwww.chemalliance.org) The Transportation Industry (1-888-459-0656 orwww.transource.org) The Paints and Coatings Center (1-800-286-6372 or\WiW.paintcenter.org) Three newcenters are underdevelopmentforthe auto salvage sector, the construction industry, and U.S. Mexi­ can borderwaste issues. 

### State Agencies Many state agencies haveestablished complianceassistance programs that provide on-siteand othertypes of assistance, Contact your local state environmental agency formore information. Forassistance in reaching state agencies, call EPA's Small Business Ombudsman at (880)-368-5888 orvisitthe Small Business Environmental Homepageat http://www.smallbiz-enviroweb.org/state.html. 

### Compliance Incentives EPA provides incentivesfor environmental compliance, By participating in compliance assistance programs or voluntarilydisclosing and promptly correctingviolations, businesses may be eligible forpenaltywaivers or reductions. EPA has two policies that potentially apply to small businesses: The Audit Policy (http://www.epa.gov/compliance/incentives/auditing) andthe Small Business Policy (http://wvvw.epa.gov/compliance/incentives/smallbusiness). These do not apply if an enforcementaction hasalready been initialed. 

### Commenting on Federal Enforcement Actions and Compliance Activities The Small Business Regulatory Enforcement FairnessAct (SBREFA) established an ombudsman ("SBREFAOmbudsman") and 10 Regional Faimess Boardsto receive comments from small businesses aboutfederal agency enforcement 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 onyour NorthAmerican Industry ClaSSification 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 fewer employees), and wish to commentonfederal enforcementand 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 or compliance action is entitled to comment on the Agency's actions without fear of retaliation. EPA employees are prohibitedfrom using enforcementor any other meansof retaliation againstany memberof the regulated community because the regulated community previouslycommented on its activities.


### Your Duty to Comply If you 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 responsesto EPA information requests, administrative or civil complaints, other enforcement actions

### or communications. The assistance information and comment processes do not give you any new rights or defenses in anyenforcement action. These processes also do not affect EPA's obligation to protect public health orthe environment underany ofthe environmental statutes it enforces, includingthe right to take emergency remedial oremergency response actions when appropriate. Those decisions will be based on the facts in each situation. The SBREFAOmbudsman and Fairness Boards donot participate in resolving EPA's enforcement actions. Also, remember that to preseNeyour rights, you need to comply with all rules governing the enforcement process. EPA is disseminating this information to you withoutmakinga determination thatyourbusiness ororganization

### is a smallbusinessas definedby Section 222 of the Small Business Regulatory Enforcement Fairness Act (SBREFA) or related provisions.