Mr. Randy Walser

TXI Midlothian Cement

245 Ward Road

Midlothian, TX  76065

Dear Mr. Walser:

	This letter is to confirm a site visit to the TXI Midlothian Cement
(TXI) manufacturing facility at 245 Ward Road, Midlothian, Texas, by
representatives of the U.S. Environmental Protection Agency. Visitors
will include Mr. Keith Barnett of the U.S. Environmental Protection
Agency (EPA) and Mr. Michael Laney of RTI International (RTI).  The
visit is scheduled for May 31, 2007, at approximately 10:30 a.m.  This
was confirmed in a phone call between Mr. Leo Faciane of TXI and Mr.
Barnett on May 24, 2007. 

	

The reason for this visit is that the EPA has initiated a project to
review the New Source Performance Standards for cement manufacturing,
and also a project to perform a multi-pollutant study of the cement
manufacturing sector with the objective of identifying areas of
potential environmental gains.  We believe that information on this
facility may be useful for these projects.  

Any information collected during our site visit is under the authority
of Section 114 of the Clean Air Act (CAA) (42 U.S.C. 7414).  Enclosure 1
contains a summary of this authority.  If you believe that disclosure of
the information we discuss would reveal a trade secret, you should
clearly identify such information as discussed in the enclosure.  Any
information subsequently determined to constitute a trade secret will be
protected under 18 U.S.C. 1905.  If no claim of confidentiality
accompanies the information when it is received by the EPA, it may be
made available to the public by the EPA without further notice (40 CFR
Part 2.203, September 1, 1976).  Section 114 of the CAA exempts emission
data from claims of confidentiality, and emission data collected may be
made available to the public.  A clarification of what the EPA considers
to be emission data is contained in Enclosure 2.

We have contracted RTI International (RTI) (Contract No. EP-D06-118) to
assist us in these projects.  As noted in Enclosure 3, we have
designated RTI to be our authorized representative.  Therefore, RTI has
the same rights discussed above and in Enclosure 1 as EPA has.  This
means that RTI will have access to all information provided to us in the
site visit.  As a designated representative of the Agency, RTI must, by
law, also abide by the requirements of 42 U.S.C. 7414(c) in regard to
the confidentiality of what you claim to be trade secrets.

	Enclosure 4 summarizes EPA(s policies and procedures for handling
privileged information.  The following Federal statutes concerning
liability should also be of interest to you:

1.  Under the Federal Employees( Compensation Act, 5 U.S.C. ((8101, et
seq., the United States undertakes to pay its employees compensation for
injuries sustained by them in the performance of their duties.

2.  The Federal Tort Claims Act, 28 U.S.C. ((2671, et seq., provides for
money damages against the United States when property loss or personal
injury results from the negligent or wrongful act or omission of any
employee of the EPA while acting within the scope of his or her
employment.

Finally, please be aware that the Office of General Counsel has advised
this office that a firm should not condition an EPA employee(s (right of
entry( upon consent to a waiver of liability, and has instructed
employees not to sign such waivers.  If you have any questions regarding
this, please contact Ann Toohey, (202) 564-5469, or Stephen Hess, (202)
564-5461, of EPA(s Office of General Counsel.

If you have any questions regarding this request, please contact Mr.
Barnett at             (919) 541-5605.

Sincerely,

Steve Fruh

Group Leader

             Metals and Minerals Group

4 Enclosures

cc:  Mr. John Steib, Texas Commission on Environmental Quality

      Ms. Becky Webber, U.S. Environmental Protection Agency, Region 6

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