MEMORANDUM

TO:  Cement MACT Docket

FROM:  Steven Silverman, Attorney

RE:  Telephone Conversation with Tom Wood, Ash Grove Cement Counsel

	On March 9, I talked briefly with Tom Wood, outside counsel for Ash
Grove Cement regarding his letter of March 3, 2009 raising two potential
legal arguments:  that best performing sources could be classified on
the basis of best system removal efficiencies and well as lowest
emissions, and that uncontrolled sources could be placed in a different
category from sources with controls.  I indicated generally that we were
likely to solicit comment on most issues relating to subcategorization.

The march 9, 2009 letter is docketed as an attachment to the note of the
meetings between Ash Grove Cement and USEPA in February and March of
2009.

