Enclosure 2

EPA's Information Gathering Authority

Under Section 114 of the Clean Air Act

Under Section 114 of the Act (42 U.S.C. 7414), Congress has given the U.S.

Environmental Protection Agency broad authority to secure information needed "for the purpose (i) of developing or assisting in the development of any implementation plan under Section 110 or 111(d), any standard of performance under Section 111, or any emission standar d under Section 112, (ii) of determining whether any person is in violation of any such standard of any requirement of such a plan, or (iii) carrying out any provision of this Act." Among other things, Section 114 authorizes EPA to make inspections, conduc t tests, examine records, and require owners or operators of emission sources to submit information reasonably required for the purpose of developing such standards. In addition, the EPA Office of General Counsel has interpreted Section 114 to include aut hority to photograph or require submission of photographs of pertinent equipment, emissions, or both.

Under Section 114, EPA is empowered to obtain information described by that section even if you consider it to be confidential. You may, however, request that EPA treat such information as confidential. Information obtained under Section 114 and covered by such a request will ordinarily be released to the public only if EPA determines that the information is

not entitled to confidential treatment. 1 Proce dures to be used for making confidentiality determinations, substantive criteria to be used in such determinations, and special rules governing information obtained under Section 114 are set forth in 40 CFR Part 2 published in the Federal Register on Septe mber 1, 1976 (40 FR 36902).

Pursuant to §2.204(a) of EPA's Freedom of Information Act (FOIA) regulation, in the event a request is received, or it is determined that a request is likely to be received, or EPA

desires to determine whether business informat ion in its possession is entitled to confidential treatment even though no request for release of the information has been received, please be advised that EPA will seek, at that time, the following information to support your claim as required by §2.204(e )(4) of EPA's FOIA regulations:

1. Measures taken by your company to guard against undesired disclosure of the
information to others;

2. The extent to which the information has been disclosed to others, and the precautions
taken in connection therewith;

3. Pertine nt confidentiality determinations, if any, by EPA or other Federal agencies, and a copy of any such determinations, or reference to it, if available; and

4. Whether your company asserts that disclosure of the information would be likely to

result in substanti al harmful effects on the business' competitive position, and if so, what those harmful effects would be, why they should be viewed as substantial, and an explanation of the causal relationship between disclosure and such harmful effects.

1 Section 114 requires public availability of all emission data and authorizes disclosure of confidential

information in certain circumstances. See 40 FR 36902

- 36912 (September 1, 1976).Enclosure 3Enclosure 3 (con’t)Enclosure 4Enclosure 5Enclosure 5 (con’t)Enclosure 5 (con’t)Enclosure 5 (con’t)Enclosure 5 (con’t)Enclosure 5

– Attachment A

Example Record Form for CBI AccessEnclosure 5

– Attachment B

Example Authorization Form for CBI AccessEnclosure 6

Certification Statement

The individual responsible for directing or supervising the preparation of the questionnaire must read and sign the Certification Statem ent listed below. The certifying official must be a responsible corporate official or his/her authorized representative.

I certify under penalty of law that the attached questionnaire was prepared under my direction or supervision and that qualified personnel properly gathered and evaluated the information submitted. The samples associated with the completion of this questionnaire were analyzed according to the correct methods and procedures as specified in this letter. Additionally, a registered Prof

essional Engineer has observed the collection of at least one sample to ensure that proper sampling techniques and handling were followed according to the correct methods and procedures specified in this letter and has verified that the results are properl y documented in the report. The information submitted is, to the best of my knowledge and belief, accurate and complete. In those cases where we did not possess the requested information for questions applicable to our facility, we provided best estimates. We have to the best of our ability indicated what we believe to be company confidential business information as defined under 40 CFR Part 2, Subpart B. We understand that we may be required at a later time to justify our claim in detail with respect to ea ch item claimed confidential. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment as explained in Section 113 of the Clean Air Act (42 USC §7413).

Signature of Certifying Official Date

Printed Name of Certifying Official Telephone Number

Title of Certifying Official