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 standard 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, conduct 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 authority 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 Procedures 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 September 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 information 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. Pertinent 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 substantial 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 3
Enclosure 3 (con’t)
Enclosure 4
Enclosure 5
Enclosure 5 (con’t)
Enclosure 5 (con’t)
Enclosure 5 (con’t)
Enclosure 5 (con’t)
Enclosure 5 – Attachment A

Example Record Form for CBI Access
Enclosure 5 – Attachment B

Example Authorization Form for CBI Access
Enclosure 6

Certification Statement

The individual responsible for directing or supervising the preparation of the questionnaire must 

read and sign the Certification Statement 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 Professional 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 properly 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 each 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