From: Chuck French/RTP/USEPA/US 

To: Gil.R.Cubia@jci.com 

Cc: Joe.D.Marquardt@jci.com, Keith.McCoy@jci.com 

Date: 05/12/2011 03:06 PM 

Subject: Re: Correction to Proposed NESHAP to include Johnson Controls' Secondary Lead Smelter in 

Florence, South Carolina 

Hi Keith and Gil, 

Thank You for the information. We will fully consider your comments and corrections as we 

proceed with the development of this rulemaking. However, I am sorry to report that we will not be 

able to revise the preamble before publication of the proposed rule on 5/19. Since the preamble and 

proposed rule have been signed by the Administrator and submitted for official publication in the FR, we 

cannot revise it. However, please keep in mind that this is a "proposal", and we will fully address your 

comments and make corrections, as appropriate, before we promulgate a final rule. Let me know if you 

have questions or want to discuss further. 

Thank You. 

Chuck 

Phone: 919-541-7912 

From: Gil.R.Cubia@jci.com 

To: Chuck French/RTP/USEPA/US@EPA 

Cc: Keith.McCoy@jci.com, Joe.D.Marquardt@jci.com 

Date: 05/11/2011 11:50 PM 

Subject: Correction to Proposed NESHAP to include Johnson Controls' Secondary Lead Smelter in 

Florence, South Carolina 

Chuck: 

Thank you for taking time this evening to speak with us about the Secondary Lead Smelter that is under 

construction by Johnson Controls in Florence, South Carolina (the Florence Facility). During today's call, 

we notified you that the Florence Facility had been incorrectly omitted during the drafting of the 

proposed NESHAP. We understand that the failure to include the existence of the Florence Facility was 

merely an oversight. We further understand that it is your intention to remedy this error in the rule's 

preamble prior to publication of the proposed rule in the Federal Register (expected May 19, 2011). 

While we do have other questions/comments regarding the proposed rule that we will address in the 

comment period, we appreciate your agreeing to contact the Publications Office in the morning to 

ensure that the Florence Facility is accurately included in the proposed rule before it is published. To 

expedite your submission of the corrected language to the Publications Office, attached to this email is a 

marked-up version of the preamble containing the description of the Florence Facility that you 

requested. The attached mark-up also includes some (but certainly not all) of the additional references 

to the facilities operating in the industry that will need to be corrected. 

The corrected preamble language would read as follows: 
(Embedded image moved to file: pic12249.gif) 

We expect that you will require additional information regarding the Florence Facility and its use of 

rotary furnaces to recycle lead acid batteries. To that end, we are happy to entertain any requests for 

information that you might have and we are prepared to work with you to provide representative 

information about the rotary furnaces that are being constructed in Florence. 

Finally, you said that you would contact us by noon tomorrow with confirmation from the Publications 

Office concerning completion of the correction. I have included my contact information along with 

Keith's below. Please include both of us in your correspondence and feel free to contact either me or 

Keith by phone with any questions you might have. 

We look forward to hearing from you tomorrow. 

Kind regards, 

Gil Cubia 

|--------------------------+-------------------------------------------| 

| Gil R. Cubia | Keith W. McCoy | 

| Senior Group Counsel |Executive Director Public Policy Management| 

| Power Solutions | Power Solutions | 

| Johnson Controls | Johnson Controls Inc | 

| 5757 N. Green Bay Avenue | 444 North Capitol Street NW Suite 729 | 

| Glendale, WI 53209 | Washington, DC 20001 | 

| Tel : 414 524 2500 | (202) 406-4068 | 

| Email : | Email: Keith.McCoy@jci.com | | gil.r.cubia@jci.com |