From: 
Jones, DonnaLee <Jones.Donnalee@epa.gov>
Sent:
Wednesday, February 8, 2023 3:53 PM
To: 
Tosh Sagar <tsagar@earthjustice.org>; French, Chuck <French.Chuck@epa.gov>
Cc:
Adrienne Lee <alee@earthjustice.org>
Subject: 
RE: Getting Public Access to Coke Ovens ICR Data


Hi Tosh  -  Thank you for waiting patiently all this time while we worked out the new deadline. I hadn't forgotten about you and was thinking about connecting with you about the same time as you contacted me a few weeks ago.

In regard to test data, we typically wait until proposal to allow the public to see data and test reports because, as with all measurements, the data undergo QA/QC, sometimes right up to proposal, so we would not want to prematurely release data until we were sure it was considered final. This applies to the fenceline data as well. But you are correct that we are starting to receive some of the fenceline data. 

Upon proposal, the data will be placed in the rulemaking dockets (two dockets in this case, for part 63, subparts CCCCC and L). 

As you know, the EPA deliberates about our assessments also right up to proposal. But I can say that we will be looking to see if we can set an effective action level based on one or more of the fenceline pollutants.

If you like, we can schedule a call soon to have a conversation about the issues that are important to you and your clients. 

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711  Tele:  (919)  541-5251  Fax  (919)  541-3207
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

From: Tosh Sagar <tsagar@earthjustice.org> 
Sent: Wednesday, February 8, 2023 3:19 PM
To: French, Chuck <French.Chuck@epa.gov>; Jones, DonnaLee <Jones.Donnalee@epa.gov>
Cc: Adrienne Lee <alee@earthjustice.org>
Subject: Getting Public Access to Coke Ovens ICR Data

Hi Chuck and Dr. Jones,

Hope you both are doing well and that things are progressing with the combined coke ovens rulemakings.

We are wondering what the process is for members of the public, including our clients, to access and review the data that is being submitted in response to the coke ovens ICR. Is there a place where that data is currently being made available for review? If not, when will it be made available for review? Is there something we need to do to get access to it?

Relatedly, we understood that EPA was collecting fugitives/fenceline data with the aim of ascertaining whether to establish a fenceline monitoring and corrective action standard in this rulemaking. In particular, EPA wanted to be able to evaluate whether one or more pollutants could be used to set an effective correction action level. Based on the rolling nature of the ICR submission deadlines, when do you anticipate being able to make that assessment and when can our clients expect to hear from EPA about its thinking on this issue.

If easier, I think my clients would be happy to participate in a discussion with you and the rest of the rule writing team on these issues. Thanks so much.
Tosh


