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OAR Box 1500 

Prepped by Ollie Stewart 

Document Number: 

74)11-0100 

Docket Number: 

A-94-52 

Printed 8/5/2008 1:51:30 PM Sheet 74 of 343 
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! PACIFIC ENVIRONMEMTAL SERVICES. INC. 

August 13,1998 

Central Park West 

5001 South Miami Boulevard, Suite 300 

P.O. Box 12077 

Research Triangle Park, NC 27709-2077 

(919) 941-0333 

FAX (919) 941-0234 

A 94-52 ll-C-ioo 

Mr. George Begg 

Resolite 

P.O. Box 338 

ZeUenople, PA 16063-0338 

Dear Mr. Begg: 

As you know, Pacific Environmental Services, Inc. (PES) is the contractor assisting the 

U.S. Environmental Protection Agency (EPA) in the development of national emission standards 

for hazardous air pollutants (NESHAP) for the reinforced plastic composites source category. I 

faxed to you on August 11,1998, a request for additional information on process conditions 

during the 1994 stack test on the continuous lamination process at your facility. You requested 

that I provide you with a letter requesting the information that also contained the enclosures 

concerning the treatment of confidential business information. Therefore, I am submitting this 

letter to you with the enclosed list of questions concerning your facility (see Enclosure 1). Your 

responses to these questions will help us in the development of these standards. 

In addition, for your information, I am sending you information about PES's authority to 

collect information for the EPA. The EPA contracted PES under Contract No. 68D60013 to 

obtain information about facilities in the plastic composites industry. Thus, as noted in 

Enclosure 2, PES lias been designated an "authorized representative" ofthe Agency. 

If any ofthe information you submit in response to the questions in Enclosure 1 is 

considered by your company to be confidential business information (CBI), please indicate those 

portions of your response considered to be CBI and mail the entire response to: 

Ms. Melva Toomer 

Office of Air Quality Planning and Standards 

CBI Manager 

411 West Chapel Hill Street, Room 944 

Durham, North Carolina 27701 

If none ofthe information in your response to this request is considered by your company 

to be CBI, please submit the response directly to me either through the mail or through our fax 

number (919) 941-0234. Note that the EPA's procedures for CBI are enclosed as Enclosure 3. 

WASHINQTON. D.C. • RESEARCH TRIANQLE PARK. NC • LOS ANQELES. CA • CINCINNATI, OH 

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Mr. George Begg 

August 13,1998 

Page 2 

As we are in the midst of trying to finalize analyses for the continuous lamination and 

continuous casting processes, we request your response to this request by August 21,1998. We 

appreciate your assistance in our efforts to develop a standard for your industry. If you have any 

questions concerning the enclosed questions, please do not hesitate to contact me or the EPA task 

order project officer, Dr. Madeleine Strum, at (919) 541 -23 83. 

Sincerely, 

PACIFIC ENVIRONMENTAL SERVICES, INC. 

Kenneth R. Meardon 

Enclosures (3) 

cc: PES Project File 

M<adeleine Strum, U.S. EPA 

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ENCLOSURE 1 

1. Please provide a complete copy ofthe source test report for the 1994 stack test on the 

continuous line process. (This is being requested to better document the emission estimate for 

Resolite's continuous lamination line and to help document the development ofan emission 

estimate equation.) 

2. To help develop an emission estimation equation, please provide the following information on 

the continuous process during the stack test in 1994. 

A. What was the amount (lbs per hour) of styrene and methyl methacrylate (MMA) applied 

during each test run? This can be expressed in terms of amount of resin applied if the 

percentages of styrene and MMA are also provided. Be sure to include .any styrene or 

MMA .added to the resin applied. 

B. What was the temperature ofthe resin mix as applied? 

C. What was the temperature ofthe continuous lamination table? If the temperature varies, 

please provide a brief description ofthe temperatures along the length ofthe wet out 

area. 

D. What was the length ofthe wet out area? Please provide a breakdown ofthe distance 

from application ofthe mix to the application of chopped fiber and from the application 

ofthe chopped fiber to the application ofthe top film. 

E. What was the product width? 

F. What was the product thickness? 

G. What was the line speed? 

H. Please provide a brief description ofthe enclosure system used to capture the emissions 

during the stack test. For example, Was a room enclosure used? Was the line enclosed 

and then evacuated? 

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MCLOSURE 2 

.<ito sr«, 

*" iO | \ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

| ^$&_7 •? RESEARCH TRIANGLE PARK. NC 27711 

ft, NP 

P R 0

 OFFICE OF 

AIR QUALITY PLANNING -

ANO STANDAROS 

DESIGNATION OF AUTHORIZED REPRESENTATIVE 

POR STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES 

(SECTION 111) AND SOLID WASTE COMBUSTION (SECTION 129), 

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 

(SECTION 112), AND FEDERAL OZONE MEASURES (SECTION 183) 

Under contract 68D60013, Pacific Environmental Services (PES) 

(prime contractor) and Alpha-Gamma Technologies, Incorporated, 

Environmental Quality Management, and Bennet King (subcontractors) 

are hereby designated Authorized Representatives of the Administrator 

of the United States Environmental Protection Agency for the purpose 

of assisting in the development of national emission standards for 

hazardous air pollutants under 42 U.S.C. 7412, standards of 

performance for new stationary sources under 42 U.S.C. 7411, solid 

waste combustion under 42 U.S.C. 7429, and Federal ozone measures 

under 42 U.S.C. 7511 (b) . 

This designation is made pursuant to the Clean Air Act, 

42 U.S.C. 7414. The United States Code provides that, upon 

presentation of this credential, the Authorized Representatives named 

herein: (1) shall have a right of entry to, upon, or through any 

premises in which an emission source is located or in which records 

required to be maintained under 42 U.S.C. 7414 (a) (1), are located, 

and (2) may at reasonable times have access to and copy any records, 

inspect any monitoring equipment or method required under 42 U.S.C. 

7414 (a) (1), and sample any emissions that the owner or operator of 

such source is required to sample. 

Authorized Representatives of the Administrator are subject to 

the provisions of 42 U.S.C. 7414 (c) respecting confidentiality of 

methods or processes entitled to protection as trade secrets,, as 

implemented by 40 CFR 2.301 (h) (41 FR 36912, September 1, 1976). 

Date: MAR 20 1998 

Designation Expires: September 30, 2001 

5hn S. Seitz 

Director 

Office of Air Quality Planning 

and Standards 

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Enclosures 

Use, 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

1 Office of Air Quality Planning and Standards 

Research Triangle Park. North Carolina 27711 

December 199S 

Summary of OAQPS 

Procedures for Safeguarding Clean Air Act (CAA) 

Confidential Business Information (CBI) 

1. Purpose 

This memorandum describes Agency policy and procedures pertaining to the handling and 

safeguarding of infonnation that may be entitled to confidential treatment for reasons of business 

confidentiality by the OAQPS, Office of Air and Radiation, U.S. Environmental Protection 

Agency. 

2. Other Applicable Documents: 

a. Clean Air Act as amended. 

b. 40 CFR, Chapter 1, Part 2, Subpart B - Confidentiality of Business Infonnation. 

c. EPA Security Manual, Part II, Chapters 8 and 9. 

d. Clean Air Act Confidential Business Information Security Manual (June 1995 

edition). 

3. Exception; 

Tiiis document was prepared as a summary of data gathering and handling procedures 

used by the OAQPS, EPA. Nothing in this document shall be construed as superseding or being 

in conflict with any applicable regulations, statutes, or polides to which EPA is subject. 

4. Definition; 

Confidential Busing Infonnation - Information claimed by the provider tn he 

confidential. This infonnation may be identified with such titles as trade secret, secret, 

administrative secret, company secret, secret proprietary, privileged, administrative confidential, 

company confidential, confidential proprietary, or proprietaiy. NOTE: These markings should 

not be confused whh the classification markings of National Security infonnation identified in 

.Executive Order 11652. 

S 
5. Background 

Section 114 (c) ofthe Clean Air Act as amended reads as follows: 

"Any records, reports, or information obtained under subsection (a) shall be 

available to the public, except that upon a showing satisfactory to the 

Administrator by any person that records, reports, or information, or particular 

part thereof, (other than emission data) to which the Administrator has access 

under this section if made public, would divulge methods or processes entitled to 

protection as trade secrets of such person, the Administrator shall consider such 

records, report, or infonnation or particular portion thereof confidential in 

accordance with the purposes of Section 1905 of Title 18 ofthe United States 

Code, except that such record, report, or information may be disclosed to other 

ofrtcers,.employees, or authorized representatives ofthe United States concerned 

with carrying out this Act or when relevant in any proceeding under this Act" 

The treatment of CBI by the U.S. EPA, including data obtained under Section 114 of tiie 

Clean Air Act, is governed by Title 40, Part 2, ofthe Code of Federal Regulations. These 

regulations require EPA offices to include a notice with each request for information to inform the 

business of: (1) its right to assert a claim of confidentiality covering part or all ofthe information, 

(2) the method for asserting a claim, and (3) the effect of failure to assert a claim at time of 

submission. In addition, the regulations: (1) set forth procedures, for the safeguarding of 

confidential information; (2) contain provisions for providing confidential information to authorize 

representatives; (3) contain provisions for the release of information to the Congress, Comptroller 

General, other Federal agencies, State and local governments, mid Courts; (4) permit the 

disclosure of mformation within EPA to employees with an ______ need for the information; .and 

(5) prohibit wrongful use of such information and cite penalties for wrongful disclosure. Further, 

the regulations contain the Agency's basic rule concerning the treatment of requests for 

information under the Freedom of Information Act (5 U.S.C. SS2). 

6. Procedure-: 

a. Request for Information 

Each request for infonnation made under the provisions of Section 114(a) is signed by the 

Division Director. The request includes standard enclosure "EPA's Infonnation Gathering 

Authority Under Section 114 ofthe Clean Air Act," which was designed to meet the requirement 

of 40 CFR Part 2 discussed above. 

b. Receipt of CAA Confidential BiisiiieM Information 

Upon receipt of infonnation for which confidential treatment has been requested, the 

Office ofthe Director (OD) directs the logging ofthe material and the establishment of a 

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permanent file. If confidential treatment is requested, but is not specifically marked, the material 

will be stamped "Subject to Confidentiality Claim." If part ofthe material is claimed to be 

confidential, that portion is marked "Subject to Confidentiality Claim." In compliance with 

Sections 2.204 and 2.208 of 40 CFR Part 2, the Group Leader responsible for the requested 

infonnation reviews the infonnation to detennine whether it is likely to be confidential in contrast 

to being available in the open literature, whether it is emission data, and whether it likely provides 

its holder with a competitive advantage. If the infonnation is clearIyj_QLconfidential, the Group 

Leader prepares a letter fbr signature ofthe Division Director, .ESD, to notify the business of this 

finding. If the infonnation is possibly confidential, the Group Leader sends a memorandum to 

inform the OD, ESD, of this finding, gives a brief description ofthe materid (what it is, how 

many pages, etc.), identifies it with the conect ESD project number, and lists those persons who 

are authorized to have access to the information. The information and memorandum are hand 

carried to the OD .and placed in the CBI files with the material. A record of who will see the 

infonnation (Attachment A) is also filed with the folder containing the infonnation. If CAA CBI 

is received from the owner via an authorized representative or a third party, the same procedure is 

followed, with the addition of clearly identifying the information and its source. By regulation, 

information for which confidential treatment is requested must be so marked or designated by the 

submitter. The EPA takes additional measures to ensure that the proprietary designation is 

uniformly indicated and immediately observable. All unmarked or undesignated information 

(except as noted below) is freely releasable. 

C Storage of CAA Confidential Business Information 

Folders, documents, or material containing CAA CBI (as defined) shall be secured, at a 

minimum, in a combination-locked cabinet. Normal procedure is to secure this information is a 

cabinet equipped with a security bar and locked using a four-way, changeable combination 

padlock. In addition, the entrance door to the CBI storage room is equipped with a changeable 

combination simplex lock. The locked files are under the control ofthe OD. 

.Knowledge ofthe combinations ofthe locking devices is limited to the Document Control 

Officer (DCO) and the minimum number of persons required to effectively maintain normal 

business operations. Records ofthe locking device combination are stored elsewhere in 

conformance with the requirements of the EPA Security Manual. 

Combinations ofthe locks are normally changed whenever a person with knowledge ofthe 

combinations is transferred, terminates employment, no longer authorized access, or whenever the 

possibility exists that the combinations may have been subject to compromise. 

Files may be checked out upon confirmation that the requesting person is .authorized to 

receive the information. All confidential files may t>e returned no later than 4:30 p.m. on the same 

day they are removed. The intended user must sign the CBI Control Record when the file is 

checked out. 

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The individual who signs out a confidential file is responsible for its safekeeping. The file 

must not be left unattended. The information must not be disclosed to any non-authorized 

personnel. 

Storage procedures for CAA CBI by an authorized representative of EPA (see Section d. 

below) must be, at a minimum, as secure as those established for EPA offices within OAQPS. 

Whenever CBI is removed from the EPA files to be transmitted to an authorized representative, 

notation is placed in the file indicating what information was transmitted, the date, and the 

recipient. The authorized representative returns a signed receipt ofthe DCO. 

d. Access to CAA Confidential Business Information 

Only authorized EPA employees may open a distribute CAA CBI. 

Only employees who require and are authorized access to CAA CBI in the performance of 

their official duties are permitted to review documents and, upon receiving a confidential 

document, must sign and date the form shown in Attachment A to certify their access to the 

document. 

The CBI files are controlled by the OD, ESD, and managed by an authorized federal 

employee. Access to the information is limited to those persons having a need to lcnow in 

performing their official duties. 

The Group Leader having primary interest in the CAA CBI provides a memorandum for 

the record designating those personnel who are authorized to use CBI in a program under which 

CBI can be requested. No person is automatically entitled to access based solely on grade, 

position, or security clearance. The names of persons granted access to CAA CBI are placed on 

the Clean Air Act CBI access Ust, which indicates the "specific" CBI each person is permitted to 

see. The Access List is reviewed and updated periodically. 

Companies under contract to perform work for the EPA may be designated authorized 

representatives of EPA if such designation is necessary in order for the contractor to carry out the 

work required by the contract. As authorized representatives, contractors may be granted access 

to CAA CBI by the Director, ESD. The following conditions apply when it has been determined 

that disclosure is necessary: 

(1) The contractor designated as a representative and its employees (a) may 

use such confidential infonnation only for the purpose of carrying out the work required, (b) must 

refrain from disclosing the information to anyone other than EPA without having received from 

EPA prior written approval of each affected business or ofan EPA legal office, and (c) must 

return to EPA all copies ofthe infonnation (and any abstracts or excerpts therefrom) upon 

request or whenever the information is no longer required for the performance ofthe work. 

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(2) The authorized contractor designated as a representative must 

obtain a written agreement from each of its employees who will have access to the infonnation. A 

copy of each employee agreement (Attachment B) must be furnished to EPA before access is 

permitted. 

(3) The contractor designated as an authorized representative must 

agree that the conditions in the contract concerning the use and disclosure of CAA CBI are 

included for the benefit of, and shall be enforceable by, both EPA and any affected business 

having a propriety int4srest in the infonnation. 

Infonnation may be released to or accessed by EPA employees other than OAQPS 

employees only upon approval ofthe Director, ESD. 

Requests for CAA CBI from other Federal agencies. Congress, the Comptroller General, 

Courts, etc., are processed by the OD, ESD in accordance with 40 CFR 2, Subpart B. 

Requests under the Freedom of Information Act are handled in accordance with 40 CFR 

2, Subpart A. The Freedom of Information Act Coordinator must be consulted prior to 

responding to any request for infonnation if a claim of confidentiality has been asserted or if there 

is reason to believe that a claim might be made if the business knew release was intended. 

e. Use and Disclosure of CAA Confidential Business Information 

The CAA CBI as defined may not be used in publications, supporting document, 

memoranda, etc., that become a part ofthe public domain, except as provided for in 40 CFR 2 

Subpart B. 

The CAA CBI may not be summarized without the approval ofthe Group Leader 

responsible for the CAA CBI. Any authorized reproductions must be logged into the CAA CBI 

document tracking system and treated according to the same procedures applicable to the original 

.confidential material. 

The EPA generated documents or material, or extracts of information containing CAA 

CBL must be stamped "Subject to Confidentiality Claim" and a cover sheet must be attached to 

identify the material as CBI. 

f. Handling of Other Information 

Reports, memoranda, documents, etc., prepared by EPA or its authorized representatives 

are not normally circulated outside EPA for comment or review prior to publication except in 

such cases as described above (6.d.3) wherein CBI is expressly included. However, because 

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industrial-data-gathering visits, plant inspections, and source testing can involve inadvertent 

receipt of CAA CBI, it is the policy of OAQPS to protect all parties involved in the following 

manner. 

Prior to or at the inception of a plant inspection, data-gathering visit, or source test, EPA 

or its authorized representative discusses with a responsible industry official the information 

sought, how it is to be used, and how it is to be protected. A copy of this summary is usually 

provided to the industry official being consulted. 

Following an inspection, visit, or test, a trip report is prepared to include, as practicable, 

all information received by EPA or its authorized representative during the visit or test. The 

report may be prepared by either EPA or its authorized representative. The draft ofthat report is 

clearly identified, on an attached, colored cover sheet as "Confidential Pending Determination." 

A second copy ofthe draft trip report is forwarded by EPA to the responsible industry official for 

review. The responsible industry official is requested by cover letter to review the report, clearly 

mark any information considered to be confidentiaL and return the marked up-report to the 

responsible EPA employee within 2 weeks of receipt. The original draft is kept in the CBI 

"pending" file until the marked-up copy is returned by the business firm. 

When the reviewed copy ofthe report, as marked by the responsible plant official, is 

received by EPA, infonnation designated confidential is placed in the CBI files as described 

.above. The original draft ofthe trip report is edited to delete the confidential information and to 

accommodate technical changes, and the trip report is issued. 

2 Attachments 

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Attachment A 

CAA CONFIDENTIAL BUSINESS INFORMATION 

CONTROL RECORD 

1 DATE RECEIVED: 

• 

DATE OF DOCUMENT: 

RESPONSIBLE BRANCH: CONTROL NUMBER: j 

DOCUMENT AUTHOR: | 

DESCRIPTION (Providing organization, tide, subjea, number of copies and number of pages) 

RETURN DATE: DESTRUCTION DATE: INITIALS: 

Each person given aeeess to this document mast JUl in the infomafo 

CHECK-OUT 

SIGNATURE 

-

DATE 

- -

TIME 

.• 

CHECK-IN | 

SIGNATURE 

*• 

. 

DATE TIME I 

CAA CBI Fonn I (Rev. 6/95) 

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Attachment B 

• 

1. AUTHORIZATION FOR ACCESS TO CAA CBI FOR CONTRACTOR EMPLOYEES 

FULL NAME 

SSN 

.POSITION 

CONTRACTOR 

It is the responsibility of each Authorizing Official* to ensure that the employees under his/her 

supervision who require access to CAA CBI: 

1. Sign the Confidentiality Agreement for EPA Employees 

2. Are fully informed regarding their security responsibilities for CAA CBI. 

3. Obtain access only to that CAA CBI required to perform their official duties 

SIGNATURE OF AUTHORIZING OFFICIAL* 

TITLE 

TELEPHONENO. DATE 

LOCATION 

IL COOTTOENTTALITYAGREEMEOTFOR 

I understand that I will have access to certain Confidential Business Infonnation submitted to EPA or 

hs authorized representatives under the Clean Air Act (CAA). This access is granted in accordance 

whh my official duties as an employee ofthe Environmental Protection Agency contractor. 

I understand that CAA CBI may not be disclosed except as autiiorized by CAA and Agency 

regulations. I understand tiiat I am liable for a possible fine of up to $1,000 and/or imprisonment for 

uptolyearifIwiIlfullydisdoseCAA(3Itoan^ In addition I 

understand that I may be subject to disciplinary action for violation of flits agreement with penalties 

ranging up to and including dismissal. 

I agree that I will treat any CAA CBI furnished to me as ccmfideatial and diat I will follow die 

procedures set forth in the CAA Confidential Business Infbnnation Security Manual. 

I have read and understand these procedures. 

SIGNATURE TELEPHONENO. DATE 

UL HAVING COMPLETE REQUIRED TRAINING AND PASSED REQUIRED 

TEST, THE ABOVE-NAMED EMPLOYEE IS HEREBY AUTHORIZED TO HAVE 

ACCESS TO CAA CBL 

SIGNATURE CONTRACTOR/DCO TELEPHONENO. DATE 

* Must be Contraaor Management 

CAA CBI Fonn 3 (Rev. 6/95) 

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