Amy M. Lincoln

456 Montgomery Street, Suite 1800

San Francisco, CA 94104-1251

Direct: (415) 262-4000

Fax: (415) 262-4040

alincoln@bdlaw.com

December 14, 2011

VIA E-MAIL & FIRST CLASS U.S. MAIL

The Honorable Lisa P. Jackson

Administrator

U.S. Environmental Protection Agency

Ariel Rios Building

1200 Pennsylvania Avenue, NW

Mail Code: 1101A

Washington, DC 20460

Re: EPA-HQ-OAR-2010-0895 – Request to Extend Public Comment Period

Proposed National Emission Standards for Hazardous Air Pollutants: Ferroalloys 

Production, 76 Fed. Reg. 72508 (Nov. 23, 2011)

Dear Administrator Jackson:

I write on behalf of Felman Production, Inc. (“Felman”) to request a 45-day extension of 

the public comment period on the above-referenced proposed rule (the “Ferroalloys NESHAP”) 

from January 9, 2012 to February 22, 2012.

Felman is one of only two companies directly impacted by the Ferroalloys NESHAP. 

The other company, Eramet Marietta Inc. (“EMI”), previously submitted a request for a 45-day

extension of the public comment deadline on December 8, 2011. (See Letter from J. 

Willoughby, EMI, to Administrator Jackson, EPA, December 8, 2011.) Felman’s request for an 

extension of the public comment deadline is premised on many of the same reasons set forth in 

EMI’s December 8, 2011 letter:

• The Ferroalloys NESHAP is a complex rulemaking that proposes to establish: (1) 

wholly new emissions standards for four HAPs under Sections 112(d)(2) and (3) 

of the Clean Air Act, (2) “beyond the MACT floor” standards for two of those 

HAPs, and (3) a new, lower standard for particulate matter emissions based on a 

proposed residual risk analysis under Section 112(f)(2). Each aspect of the 

proposal presents a range of technical and legal issues warranting review. The 

45-day comment period is patently insufficient for conducting a thorough review 

of such a complex rulemaking.
December 14, 2011

Page 2

• The comment period is especially short when considering the regulated entities 

affected. Felman, in particular, is comprised of a single facility, currently

employing 256 people. As one of only two remaining ferrosilicomanganese 

producers in the United States, Felman does not have the benefit of a trade 

association, and must instead rely on its in-house environmental staff and the very

limited number of outside consultants and advisers that have experience with this 

industry. 

• Moreover, the potential impact of the rule on Felman is significant. EPA has 

estimated the implementation of the NESHAP, as proposed, to cost over $11 

million in initial capital costs and nearly $5 million annually (See Table 6 at 76 

Fed. Reg. at 72539.) Based on Felman’s initial review of the rule, these numbers 

appear to grossly underestimate the actual implementation cost. But even

assuming EPA’s numbers are correct, for Felman, the projected annual costs 

represent almost 10% of its 2011 operating and maintenance budget (excluding 

raw materials), and the capital costs are more than double its entire 2011 capital 

budget. The economic significance of the rule on Felman, which represents half 

the U.S. ferrosilicomanganese industry, warrants a more thorough evaluation of 

the proposal and feasible alternatives than can be accomplished by January 9.

• Granting the extension would provide a 90-day public comment period, which 

would still allow EPA ample time to meet the June 29, 2012 issuance deadline in 

the Sierra Club v. EPA consent order governing this and several other NESHAPs. 

• A 90-day public comment period will ensure the rulemaking is consistent with the 

Administrative Procedure Act’s notice requirements, which the D.C. Circuit has 

stated “are designed (1) to ensure that agency regulations are tested via exposure 

to diverse public comment, (2) to ensure fairness to affected parties, and (3) to

give affected parties an opportunity to develop evidence in the record to support 

their objections to the rule and thereby enhance the quality of judicial review.” 

Environmental Integrity Project v. EPA, 425 F.3d 992, 996 (D.C. Cir. 2005) 

(quoting International Union, United Mine Workers of America v. Mine Safety &

Health Administration, 407 F.3d 1250, 1259 (D.C. Cir. 2005).

• A 90-day public comment period would also ensure consistency with Executive 

Order 13563, which directs that, “[t]o the extent feasible and permitted by law, 

each agency shall afford the public a meaningful opportunity to comment through 

the Internet on any proposed regulation, with a comment period that should 

generally be at least 60 days.” (Section 2(b)).
December 14, 2011

Page 3

Given the impending January 9, 2012 deadline and the upcoming federal holidays, 

Felman appreciates your prompt consideration of this request. If you should have any questions, 

pleased do not hesitate to contact me at 415-262-4029.

Sincerely,

Amy M. Lincoln

Cc. Gina A. McCarthy

Conrad K. Chin

John S. Konrady, Plant Manager, Felman Production, Inc.

Robert Powell, General Counsel, Felman Production, Inc.

a-and-r-docket@epa.gov