### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY RESEARCH TRIANGLE PARK, NC 27711

Lauren Alterman Douglas Neil Gresham CertainTeed Corporation 750 E. Swedesford Road Valley Forge, PA 19482 Dear Ms. Alterman and Mr. Gresham: June 25, 2015

Pursuant to section 114 ofthe Clean Air Act (CAA), the U.S. Environmental Protection Agency (EPA) is requesting that you provide the information described inEnclosure 1to this letter. This Information Collection Request (ICR) is being conducted bythe EPA Office ofAir and Radiation to assist the EPA Administrator in conducting her review obligations pursuant to CAA sections 112(d)(2) and 112(d)(3) with respect to the wool fiberglass manufacturing source category. The EPA understands that your company, CertainTeed Corporation, owns and operates wool fiberglass manufacturing facilities (NAICS code 327993). On June 14, 1999, the EPA issuedNational Emission Standards for Hazardous Air Pollutants (NESHAP) for wool fiberglass manufacturing ( 40 CFRpart 63, subpart NNN) under section 112 ofthe CAA. These standards set emission limits for formaldehyde and regulated phenol and methanol using formaldehyde as surrogate. The EPA has beenreviewing the MACT limits for formaldehyde, methanol, and phenol, which are emitted from wool fiberglass bonded lines using phenol/formaldehyde resin binders. The 2010 industry voluntary survey provided information on emissions ofthese pollutants from bonded lines. However, we have subsequently learned that the use ofphenol/formaldehyde binders has mostly been discontinued on rotary spin (RS) lines, but that at least one RS line using phenol/formaldehyde resin still operates within each wool fiberglass company. The EPA proposed emission limits for RS lines inNovember 2011, April 2013, and November 2014, but did not finalize these emission limits inthe final rule due to the noted changes inthe industry since the time the data were first collected. As required under CAA sections 112(d)(2) and 112(d)(3), the EPA must establish MACT standards for each emitted pollutant from each ofthe listed source categories. Therefore, we are issuing another CAA section 114 ICRto collect additional emissions data for the selected emission sources specified in Enclosure 1. This CAA section 114 ICR is divided into two parts. Part I requests information on all RS lines operated by your company that manufacture any wool fiberglass building insulation using a phenol/formaldehyde binder, the binder formulations, the end products and all control device information. Part II ofthis ICR will require source testing at all RS lines producing a wool fiberglass product with a

### 2 phenol/formaldehyde binder. Part I is enclosed with this letter. Because the emission test methods to be used at wool fiberglass facilities are under discussion at this time, and because Part II relies on your responses to Part I, it will follow this letter within 60 days. The information contained in Part I ofthis ICR is information we believe is readily available at each wool fiberglass facility, and you do not need to commence new emissions testing activities to provide the information inPart I in a timely manner to the EPA. As such, we are requesting you return Part I of this ICRto us within 30 days from the postmark date ofthis letter. Part II will include the timeline for submitting responses to Part II and instructions for completing that part. The EPA is requesting that you provide the information described inthis letter and Enclosure 1 for each ofyour wool fiberglass manufacturing facility to the applicable addresses. Ifa facility is part of another company or is separately incorporated as a subsidiary or affiliate ofyour company, do not complete any ofthese enclosures for that facility. Instead, please notify us immediately ofthis fact. The EPA's legal authority to obtain the information requested in the survey is contained in Section 114 ofthe CAA, as amended (42 U.S.C. §7414). Enclosure 2 contains a summary ofthis authority. Ifyou believe that disclosure ofany specific information that you submit would reveal a trade secret, clearly identify such specific information as confidential. Please do not label an entire response "confidential" if only certain portions consist oftrade secret information. Refer to Enclosure 2 for the information the EPA mayrequire, at a later time, to support your confidentiality claims. Any information subsequently determined to constitute a trade secret will be protected under 18 U.S.C. §1905. Ifno claim of confidentiality accompanies the information when it is received by the EPA, the information may be made available to the public by the EPA without further notice (40 CFR §2.203(a)(2)). See 40 CPR

### part 2, subpart B, for the EPA's regulations regarding the confidentiality ofbusiness information. Because section 114( c) ofthe CAA exempts emission data from claims ofconfidentiality, the emission data you provide may be made available to the public. A clarification ofwhat the EPA considers to be emission data is contained in Enclosure 3. We have contracted Eastern Research Group (ERG) (EPA Contract No. EP-W-12-006) to help us gather information about your wool fiberglass manufacturing operations, conduct the survey and analyze the survey data, sampling results, and emissions test results. As noted in Enclosure 4, we have designated ERGto be our authorized representatives. Therefore, ERG has the same rights discussed above and in Enclosure 2. This means that ERG will have access to all information provided to us in your completed Part I ofthis survey; as well as sampling results and emissions test results provided to us in**respon~e** 

### to Part II ofthis survey. As a designated representative ofthe Agency, ERG is subject to the provisions of 42 U.S.C. §7414(c) respecting confidentiality ofmethods orprocesses entitled to protection as trade secrets. Enclosure 5 summarizes our policies and procedures for handling trade secret (confidential) information and describes how our contractor also is required to use the same procedures as we do. Because our contractors or other authorized representatives are required to follow the requirements in Enclosure 5, we believe that we can ensure your rights and protect any privileged information you submit to us.

### Please mail the completed non-confidential survey response on CD-ROM or DVD-ROM disk to the address below. U.S. EPA Office ofAir Quality Planning and Standards Sector Policies and Program Division, Metals and Minerals Group Mail Code D243-02 Attn: Ms. Susan Fairchild 109 T.W. Alexander**Driv~** 

### ·, . : Research TrianglePark,

# NC 27711 ·.· Ifyou would prefer, you may electronically submft to the following Wool Fiberglass ICR Website: http://projects.erg.com/woolfiberglass/. Ifyou choose to access and use the website, enter the following user ID and password information when prompted: User ID: fiberglass Password: 2015Survey Ifyou are submitting confidential business information (CBI) as described in Enclosure 2, then this information must be mailed to the EPA on CD-ROM or DVD-ROM disk under separate cover to the attention ofMs. Katrina Chambers at the address below. Clearly mark the disk and/or the materials with the words "Confidential Business Information" and send either via U.S. Postal Service Express Mail, registered mail, or private courier to: U.S. Environmental Protection Agency Office ofAir Quality Planning and Standards U.S. EPA Mailroom (C404-02) Attn: Ms. Katrina Chambers, Document Control Officer (Project 481) 109 T.W. Alexander Drive Research Triangle Park, NC 27711 Additionally, ifyou are submitting CBI on CD-ROM or DVD-ROM disk, you must also submit a nonCBI version ofyour survey response to the mailing address listed above. DO NOT SEND CONFIDENTIAL BUSINESS INFORMATION TO THE EPA BYEMAIL ORFAX MACHINE OR TO THE WEBSITE.

### Ifyouhave questions regarding this request, please contact Ms. Susan Fairchild, Metals and Minerals Group, at (919) 541-5167 or fairchild.susan@epa.gov. Please return to Ms. Fairchild the completed surveyresponse to Part I ofthe survey by August 20,2015. Thankyou for your assistance inthis effort. Sincerely,

SectorPolicies and Programs Division Enclosures: Enclosure 1: Part I ofthe Wool Fiberglass Survey Enclosure 2: EPA's information gathering authority (section 114 ofthe CAA) Enclosure 3: Clarification ofwhatEPA considers to be emissions data Enclosure 4: Summary ofcontractor's authority as representative ofEPA Enclosure 5: Procedures for safeguarding CBI under the CAA
cc: EPA Regions

# Enclosure 1: RS Line Data for Part I Ofthe Section 114 ICRResponseR 

### PART I: ROTARY SPIN (RS) LINE QUESTIONNAIRE Section 1.1: Facilities ManufacturingWool Fiberglass Product Using a PhenolFormaldehyde Binder For each wool fiberglass manufacturing facility operated by your company, please provide the name and address ofeach facility that operates an RS line that is permitted to produce a wool fiberglass building insulation product using a phenol/formaldehyde binder and provide an identification for each RS line. [Insert additional rows in the table as necessary.]

.. Fa ':ility Facility Mailing RSLine €:o mpany. Name 

### 1i'acility··Nam· e Facility, Oity Sta 'fe Address lD



### Section 1.2: RS Line Process Information For each RS line identified in Section 1.1 above, please provide the process information requested in the table below. [Insert additional rows in the table as necessary.]

a nnual

**~wduct** Production Density ]'j:ee Formaldehyde

**Reconmumde~** Line Product Ra' fe (Specify l?roduct LGl

**(Specif**

**~** ContentOfResin Product Eotl 10 Name Units) .(%) lJnits) {Specify, Units.)' Use(Sl

### Section 1.3: Control Device(s) on RS Lines For each RS line identified in Section 1.2, please describe all control device(s) used to reduce emissions from the line, the target pollutant(s), pollutant-specific control device efficiency, and the basis for the efficiency estimate (e.g., vendor specification, test data). [Insert additional columns in the table as necessary.] Also, please provide a schematic showing the RS line emissions points and the control device(s) used to reduce emissions from those points.

<:;ontrol Devj
. ce

### .ID Control Device Desc11iption 

### Jti;; Li.ne ID(s) Veute
. d to the Cooftal Device Pollutant ($

) Controlled 

### by Device PoUutaut ..:Specific Control Efflcie'ncy, .Basis·for. C()ntJfol Efficiency 

### Paa-amelel"(s) Moniforcd fo 

### Assess Con t rol Device Qpet·ation DareCoo.rrol De"iceInst-alled on RS Line

# Enclosure 2: EPA's Information Gathering Authority



# ..EPA's InformatiGn Gathering Authority Under Section 114 ofthc Clean Air Act Under Section 114 ofthe Act (42 U.S.C. 7414), Congress has given the U.S. Environmental Protection Agency broad authority to secure information needed "for the purpm;e of(i) developing or assisting in the development ofany implementation plan under Section 110 or Ill( d), any standard ofperformance under Section 111, or any emission standard under Section 112, (i!) determining whether any person is in violation ofany such standard ofany requirement ofsuch a plan. or (iii) carrying out any provision ofthis Act." Among other things, Section 114 authorizes EPA to make inspections, conduct tests, examine records, and require owners or operators ofemission sources to submit information reasonably required for the purpose ofdeveloping such standards. In additi<Jn, the EPA Office ofGeneral Counsel has interpreted Section 114 to include authority to photograph or require submission ofphotographs ofpertinent equipment, emissions, orboth. Under Section 114, EPA is emp<Jwered to <Jbtain information described by that section even ifyou 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 ifEPA determines that the information is n<lt 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 in40 CFR Part 2 published in the Federal Register on September I, 1976 (40 FR 36902). Pursuant to§ 2.204(a) ofEPA's Freedom ofinformati<ln Act (FOIA) regulation, in the event a request 

### is received, or it is detennined that a request is likely tobe received, orEPA desires to determine whether business information in its pnssession is entitled t<l confidential treatment even though no request for release ofthe information has been received, please be advised that EPA will seek, at that time, the following inf<lrmation to support your claim as required by § 2.204(e)(4) ofEPA'sFOIAregulations: 1. Measures taken by your company to guard against undesired disclosure ofthe infonnation to others; 2. The extent to which the infonnation has been disclosed to others, and the precautions taken in connection therewith; 3. Pertinent confidentiality determinations, ifany, byEPA orotherFederal agencies, and a copy ofany such determinations, or reference to it, ifavailable; and 4. Whether y<lur company asserts that disclosure ofthe information would be likely to result in substantial harmful effects on the business' competitive position, and ifso, what those harmful effects would be, why they should be viewed as substantial, and an explanation ofthe causal relationship between disclosure and such harmful effects.

1 Section 114 requires public availability ofall emission data and authorizes disclosure ofconfidential information in certain circumstances. See 40 FR36902- 36912 (September 1, 1976).

# Enclosure 3: Clarification ofWhat EPA Considers Emissions DataFederal Register 1Vol. 56 No. 35JThursday, February Zl. 1991/Notices Page 7042

Disclosure ofEmission Data Claimed as Confidential Under Section& ll0 and I !4(c) ofthe Clean Air Act AGENCY: Environmental Protection Agency (EPA). ACTION: Notice ofpolicy on public release ofcertain emission data submitted under sections 110 and ll4(c) ofthe Clean AirAct(CAA).
SUMMARY: Section ll4{c) ofthe CAA excludes emission data from the general definition of trade secret infQmtation. Certain classes ofdata submitted to the EPA under sections 110 and tt4(a) ofthe CAA are emission data, and, as such, cannot be withheld from disclosure as confidential pursuant to section 1905 oftitle 18 ofthe United States Code

. TI1is notice clarifies EPAts current policy, and $Olicits conmtent regarding that policy and categories ofdata which it considers e11:cluded from a

### trade

**s~ret** definition. DATES : Written comments pertaining to this notice are requested by April 22, i 991. ADDRESSES: Submit comments to; Nancy D
. Riley, U
.S
. Environmental Protection Agency, Emission Standards Division, Pollutant Asses$tnenf Branch {MD-1.3), Research Triangle Park, NC27711. FOR 

### FURTHER INf'ORMATION CONTACT: Timothy Mohin (telephone: (919) S4l-5349 commerciai/FTS

**629~5349)** or Karen Blanchard

**(telephon~:** (919) 541-5503 commerciai/FTS 629-55(13), Pollutant Assessmenl Branch (MD-13); Emission Standards Division: or Thomas Rosendahl (telephone: (91 9) 541-5404 commerciai/FTS 629-5404), Notional Air Data Branch (MD-14), Technical Support Division; U
.S
. Environmental Protection Agcn¢y, Research Triangle Park, North Carolina 2771 t. SUPPLEMENTARY INFORMAT10N: The EPA routinely uses the authority ofsections 110 and ll4{a) ofthe CAA to gather technical information from industries involved in operations that lead to emission ofpollutants to the ambient air. This information has been used, among other things, to better characterize emitting

**faciliti~s** and to evaluate the need for a:nd impacts of potential regulation.

(Pagel ofS)

.Federal ReaisterIVol. 56 No. 35 ITlluriday, February .U, 1991/Notices Pase 704-Z (Continued) fnfonnation requcs1s under sections 1 ·10 and 114{a) oflhe CAA typically include questions on uncontrolled 

### and controlled emission rates and emission paramc&ers ofthe pollutant or group ofpollutants ofconcern. The respondents sometimes claim that its response constitutes trade secret infonnation, and thus, should be treated as confidential. Claims ofconfidentiality may bemade undersection ll4(c) oftheCAA, which sbltes: "* • • upon a showing satisfactory to the Administrator by anyperson that records, reports, or infonnation, orn 

### paz:ticutarpart thereof, (other than emission data) to which the Administrator has access under this section if made public, would divulge methods orprocesses entitled to protection as trade secrets ofsuch person, the Administrator shall considersuch • • • confidential in accordance withtlte purposes ofsection 1905

# ortitle 18 ofthe United States Code • • •." Ifthe Administrator so dctennines, lhe information is not disclo.sable to the public. However, section 114(c) oftbe CAA provides !hat inJonnation claimed to be a trade scoret but which constitutes emission data mny not be withheld as confidential. Although typically the EPA evaluates wb
. etherinformation constitutes emission data on a case-by-clUe basis, it believes that some kinds ofdata wi11 always constitute emission data within the meaning ofsection ll4(c). Thepurpose- ofthis noticeis to desmibe, without auwnpting to be comprehensive, that information which the EPA generally eongiders to be emission data, and which cannot qualifY as confidential under either section lt4(c)or section 110 (as set forth in40 CFR

**~** 1.321, 51.322 and 51.323) oflhe CAA. The EPA is issuing this notice lo clarify itspolicy and procedures, to facilitate the use of

**th~** data in automated data systems and computer-based simulation models, and to expedite processing ofclaims for confidentialityQr requests for disclosure
. The EPA presently detennines that data submitted to it as emission data. docs notqualify as confidential ifitmeets the following definition under 40 CFR 2.301 (a)(2)(i):

a. Definitions. For the purpose ofthis section: (l)Actmeans the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. (2)(i) !missiotl data meam, with reference to any source of emission ofany substance into the air-·- (A) Information necessary tD determine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) ofany emission which has been emitted by the source (or ofanypollutant resulting from any emission bythe source). or any combination ofthe foregoing: (B) Information necessary 

### to delermine the identity, amount, frequency, concentration, or other clwacteristi()S (to the extent related to air quality) ofthe emission which, underan applicable slandard orlimitation, the source was authorized to emit (including, to the extent
(Page2 ofS)FederalRegister I Vol. 5.6 No. 35 I Tbunday, Februllry 21, 1991/Notices Page 7P4l (Contiaued)
necessary for such purposes, a description oftbe manner orrate ofoperation ofthe source), or any combination ofthe foregoing; (C) A general description oftho location and/ornat\lre ofthe sourco lo theextent necessary to identify the source and to distinguish

### it from other sources (ineoluding, to the extent neoessary fer**suchpurpo~es,** a description ofthe device. installation, or operationconstituting the 

### source). Thetable below lists the specific data fields which the·EPApresentlyconsiders to constitute emission data and provides abriefdescription ofwhat each data field describes. The deauiptions arc intended to provide general information. This Jist is not exhaustive and, therefore, otherdata might be found, in apropQrcase, to constitute emitl!ion data. EmissionDataFields FacilityJdentification: The fQtlowing data fields arc needed to establish theidentity and location ofemission sOUl'les; this shall also include a description o.ran identifier ofthe device, installation, oroperation constituting the source. These data are used to locate sources for dispersion evaluation and oxposure modeling. PIant Name and related point identifiers Address City County AQCR (Air Quality Control Region) MSA, PMSA. CMSA (Metropolitan Statistical**Ar~)** State Zip Code Ownership and 

### point ofcontact intbnnation Locational Identifiers.: Latitude and Longitude, or UTM Grid Coordinates SIC (Standard Industrial Classification) Emission point, device or operation description, infonnation SCC (Source Classification Codes) Emissions Parameters: The following,data fields are needed to establish the characteristics oftne emissions. This infom1ation isneeded for the analyses ofdispCTsion and potential control equipment. (Page 3 of5)Feder•l Register I Vol. 56 No. JS I Tbunday, February ZJ, 1991/Notlces Page7042 (Cont.loued) Emission type (e
.g.•nature ofemissions such as COa). particulale or a specific toxic compoWtd, and origin ofemissions such as proceS$ vents. storage tanks orequipment leaks) Emis&ion rate Eod orPaee7042 Page7043 (e.g., the amount released to the abnosphere overtime sueh as kglyr or tbslhr) Release height (e.g., hei!Jht above ground level where thepollutant is emitted to the atmosphere) Descriplion ofterrain and surrounding structures (e.g., the

**siz~** ofthe area associated with adjacent structures in square meters and terrain descriptions such as mountainous, urban, orrural) Stack or vent diameter at point ofemissions

**(e.~.** the inside diameter ofvent at the point ofemission to the atmosphere in meters) Release velocity (e.g
., velocity ofrelease in m/sec) Release temperature (e
.g.. temperature ofrelease at point ofrelease in degrees Kelvin) Fn:qucncy ofrelease (e
.g., how often a release occurs in events per year) Duration ofrelease (e.g,. the time associated with a release to the atmoiphere) Concentro.tion (e
.g., the amount ofan emission slream constituent relative to other stream constituents

**expre~;scd** a£parts per million (ppm), volume pr.:roent, or weight peiCent) Density ofthe emissions stream oraverage molecular weight (e.g
., density expressed as fraction ormultiple ofthe density ofair; molecular weight in gig·mole) Boileror process design capacity (e.g
., the gross heating value offuel input to a boiler at its maximum design rate) Emission estimation method (e
.g., the method bywhich an emission estimate has been calculated such as material balance, source test, use ofAP-42 emi-ssion factors, etc.) Pl:l1lcnt space heat (e.g., the percen[ offuel used for 'J)ace heating) Hourly maximum design rate:
(Page 4 of5)FederalRe&ister I Vol. 56 No. 35 I Tbunday, February 21, l99l/Notices Paae 7043 (Coatiaued) (e.g
., the greatest operating rate that would be

**exp~:~ctcd** for a source in a 1

**~hour** period) TheEPA has detennined that these data are emission data and releasable up. on request. This dettmlination applies to data currentlyheld by EPA as well as to infonnation submitted to EPA in the future. Future requests for information under sections llO and 114 oflhe CAA will indicate thatthese emission data will not be held confidential. This determination applies only to the data listed in the table
. Determinations will continue to be made on a

**case by-ca.se**  basis for data not specified in this generic determination.. Allerconsideration ofcomments on this policy, 11 revised policy/determination may be published. Dated: Februa.ry 8. 1991. Michael Shapiro, ActingA
. .s.sistantAdministrator forAirandRadiation. [FR Doc
.

**91~4114** Filed 2·20·91; 8:45a.m]

**(Pug~** 5 of5)

# Enclosure 4: Summary ofContractor's Authority as Representative Ofthe EPAUNITED STATES ENVIRONMENTAL PROTECTION AGENCY RESEARCHTRIANGLEPARK, NC27.711

OFFICE.OF AIR QUALITY PlANNINGANO DESIGNATION OF AUTHORIZED REPRESENTATJVE STANnMos FOR STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES (SECTION Ill), NATIONAL EMISSION STANDARDS FORHAZARDOUS AIR POLLLTANTS (SEC110N 112).SOLJD WASTE COMBUSTION (SECTION 129), AND FEDERAL OZONE MEASURES (SECTION 183) UnderEPA contract EPDl200! EC/R, (prime contractor) Research Triangle Institute, Eastern Research Group, Inc., MACTEC, JCF International, SRA International, BCS Incorporated, 

### .r-ner.gy Strategies, LLC, Alpha Gamma Technologies, Inc., Clark Allen, and Mary Jo Caldwell, (subcontractors) are hereby designated Autho.rized Representativesofthe Administratorofthe United States Environmental Protection Agency for the purpose ofassisting in the development ofstandurds ofperformance for new stationary sources under42 U.S.C. 7411, national emission standurds for hazardous air pollutants under42 U.S.C. 7412, solid waste combustion under 42 U.S.C. 7429, and Federal owne measures under 42**U.s~c.** 7511 (b). lbis designation is made pursuantto the Clean Air Act, 42 U.S.C. 7414. The United States Code provides that, upon presentation ofthis credential, the Authorized Representatives named herein: (I) shall have a right ofentry to, upon, or through any premises in which an emission source is located or in which records required to be maintained under42 U.S.C. 7414 (a)(!) are located and (2) may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required under42 U.S.C. 7414 {a}{l},and sample any emissions that the owner or operatorofsuch source is required to sample. Authorized Representatives ofthe Administrator are subject to the provisions of 42 U.S.C. 7414 (c) respecting confidentialityofmethods or processes entitled to protection as tmOOsec:rets, as implementi;xl by40CFR 2.301 (h)(41 FR36912, September I, 1976). Date: 

### 12/20/11 Enclosure+

# Enclosure 5: Procedures for Safeguarding CBI Under the CAA

### January 2002



## Summary ofProcedures for Safeguarding Clean AirAct Confidential Business Information**En~Josure** 

### 5'

This memorandum describes 0 .S. Environmental Protection Agency (EPA), Office of Air Quality Planning and Standards (OAQPS) policy and procedures set forth for the handling of information claimed as Confidential Business Information (CBI), whether submitted voluntarily or obtained under Section 114 ofthe Clean Air Act(CAA}, and governed by EPA regulations in 40 Code ofFederal Regulations (CFR), Part 2, SubpartB, and other EPA regulations and policies. 

### 2.**Referen~e** 

### Documents:

a. Clean Air Act, as amended. b. 40 CFR, Chapter 1, Part 2, Subpart B- Confidentiality ofBusiness Information. 

### c. EPA Information Security Manual. d. Clean Air Act Confidential Business Information Security Manual (January 2002}. 3. Exception: This document was prepared as a summary ofdata gathering and handling procedures used by the OAQPS ofthe EPA. Nothing in this document shall be construed as supersedingor being in conflict with any applicable regulations, statutes, or policies to which EPA is subject. 4. Definition: Confidential Business Information

- Information claimed by theproviderto be confidential. This infonnation may be identified with such titles as trade secret, secret, administrative secret, company secret, secretproprietary, privileged, administrative confidential, company {lonfidential, confidential proprietary, orproprietary. NOTE: These markings should not be confused withthe classification markings ofnational security infonnation identified in Executive Order 11652.2
5. Background Section 114 (-c) oftheCAA, as amended, reads as follows: "Anyrecords, reports, orinformation obtained under subsection (a) shall be availableto the public, exeept that upon a showing satisfactory to the Administrator by any person that records, reports, orinformation, or particularpart thereof(other than emission data), to which the Administratorhas access underthis section -ifmade public, would divulge methods or processes entitled to protection as trade secrets ofsuch person, the Administrator shall consider such 

### record, report, orinformation orparticular portion thereofconfidential in accordance with 

### the purposes ofSection 1905 ofTitle 18 oftheUnited States Code, except that such record, report, orinformation maybe disclosed to other officers, employees, orauthorized representatives ofthe United 

### States concerned with

### carrying out

### this Act or when relevant 

### in any proceeding under 

### this Act." The treatment ofCBI

### by EPA, 

### including data obtained under Section 

### 114 oftheCAA,

### is governedby 40 CFRPart 2. These regulations require EPA offices to include a notice with each request for information to inform the business of: (I)its rightto assert a 

### claim ofconfidentiality covering partor

### all ofthe information, (2) the method for asserting a claim, and (3)the effect of failure to assert a claim at time ofsubmission. fn addition, the regulations: (l) set forth procedures for the safeguarding ofconfidentialinformation, (2) contain provisions for providing confidential information to authorize representatives, (3) contain provisions for therelease of information to the Congress, Comptroller General, other Federal agencies, State and local governments, and Courts, ( 4) permitthe disclosure ofinformation within EPA to employees with an official need for the infonnation, and (5)prohibitwrongful use ofsuch information and cite penalties for wrongful disclosure. Further. theregulations contain the Agency's basic rule concerning the 

### treatment ofrequests for information underthe Freedom 

### ofInformation Act (FOIA) (5 U.S.C. 552). 6. Pa·ocedures:
a. Request for Information. Each request for information 

### made under

### theprovisions ofSection 114(

### a) is signed by the Division Director. 

### The request includes standard enclosure "EPA's Information Gathering Authority under Section 114 oftheClean 

### Air Act" which was designed to meet the requirement of40 CFR Part 2 discussed above. b. Receipt ofCAA CBI. Upon receipt ofinformation for which confidential treatmenthas been requested, the OAQPS Document Control Officer (DCO) logs in the material and a pennanent file is established. Ifpart ofthematerial is claimed to be confidential, thatportion should be marked "Subjectto Confidentiality Claim." In compliance with Sections 2.204 and 2.208 of40 CFR Part 2, the Group Leaderresponsible for therequested infonnation reviews the information to determine the validity ofthe confidentiality claim as prescribed by the sections. If the information is clearlynot confidential, the Group Leaderprepares a letter for the signature of3
the responsible Division Directorto notify the business ofthis finding. Information claimed as confidential is hand carried to the OAQPS CBI Office to be logged into the OAQPS CAA CBI tracking system and filed for safekeeping. The OAQPS CAA CBI tracking system provides a briefdescription ofthe material (submitter, subject, number ofpages, etc.), identifies 

### it with the correct project number or work assignment number, 

### and lists those persons who are authorized to have access to the information
. A record ofpersonnel accessing the information (Attachment A) is also kept on filed. Byregulation, confidential information must be so marked or designated by the originator. The EPA takes additional measures to ensure that the proprietary designation is uniformly indicated and immediately observable. AU unmarked orundesignated infonnation (except as noted below) may be authorized for public release.
c. Storage ofCAA CBI. Folders, documents, or material containing CAA CBl (as defined) shallbe secured according to the instructions listed in the OAQPS Security Manual. In addition, the CBI storage area that has been identified specifically for thatpurpose is equipped 

### with a supplementary locking device, The storage area and files are under the direct control ofthe OAQPS DCO. Access to the storage area is limited to the DCO, Document Control Assistant, and the minimum number ofpersons required to effectively maintain normal business operations as directed by the Director, Planning, Resources, andRegional Management Staff(PRRMS). Files may be issued upon confinnationthat the requesting individual is authorized to receive the information. All confidential files must be returned no later

### than close ofbusiness on the same day. The intended user must signthe CBl Control Record when checking out files. Individuals signing out confidential files are responsible for their safekeeping. Files must neverbe leftunattended. The information must not be disclosed to any

**non~authorized** personnel. Storage procedures for CAA CBI by an authorized representative ofEPA (see Section d. below) must be, at a minimum, as secure as those established for EPA offices witWn OAQPS. Whenever CBI is removed from the EPA files to be transmitted to an authorized representative, a notation is made inthe file's control record and transfer log indicating 

### what infonnation was transmitted, the date,.and the recipient. The authorized representative returns a signed receiptto theDCO. d. Access to CAA CBI. Only authorized EPA employees may open or distribute CAA CBI. Only employees who require, have a need to

### .know, and are authorized access to CAA CBI in the performance oftheir official duties are pem)itted to review documents and, upon receiving a confidential document, must sign 

### and date the form shown in AttachmentA to certify their access to the document. The Group Leader having primary responsibility for the CAA CBI provides a memorandum to the DCO designating those personnel authorized to access specific CBI. No4


### person is automatically entitledto 

### access based solely on grade, position, or security clearance. The names ofpersons granted access to CAA CBI areplaced on theCAA CBI acces!; list. The CAA CBI access list 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 ofEPA. As authorizedrepresentatives, contractorsmay be granted access to CAA CBI. The following conditionsapply when it 

### has been determined that disclosure is necessary: (I) The contractordesignated as a representative and its employees (a) may use such confidential information only for the purpose, ofcarrying out the 

### work required, (b) must refrain from disclosing the information to anyone other than EPA without having received fromEPA prior written approval ofeach affected business or ofan EPA legal office, and (c) must return to EPA all copies oftheinformation (and any abstracts or excerpts there from) upon request or whenever the information is no longer required for the performance ofthe work
. (2) The authorized contractor'designated as a representative must obtain awritten confidentiality agreement from each ofits employees who will have access to the infonnation. A copy ofeach employee agreement (Attachment B) mustbe furnished to EPA before accessis pennitted. (3) The contractor designated as an authorized representative must agree thatthe conditions in 

### the contract concerning the use and 

### disclosure ofCAA CBI are included for the benefit of, and shaU be enforceable by, both EPA and any affected business having a proprietary interest in the information. Infonnation may bereleased to 

### or accessed by EPA employees other than OAQPS employees only upon approval ofthe Director, PRRMS. Requests for CAA CBI from other Federal agencies, Congress, the ComptrollerGeneral, Courts, etc., are processed in accordance with 40 CFR Part 2, Subpart B. 

### Requests under the FOIA are handled in 

### accordance with 40 CFR Part 2, Subpart A. 

### The FOIA Coordinator must be consulted priorto responding to any requestfor information ifa claim ofconfidentialityhas been asserted or

### ifthere is reason to 

### believe that a claim might be made if

### thebusiness knew release was intended.
e. Use and Disclosure ofCAA CBI. The CAA CBI, as defmed, may not be used in publications, supporting documentation, memoranda, etc., that become a part ofthe public domain, except as provided for in 40 CFR Part 2, Subpart B. The CAA CBI may notbe 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. Documents, matenals, or extracts ofinformation generated by EPA which contain CAA CBI must be smmped, "Subject to Confidentiality Claim" and acover sheet must be attached to identify the material as CBI.5



### f. Handling ofOtherInfonnation. Reports, memoranda. documents, etc., prepared by EPA orits 

### authorized representatives are not nonnally circulated outside EPAfor comment or reviewprior to publication except in suchcases as described 

### in section 

### 6 above. However, because ind'ustrial-data-gathering visits, plantinspections, and 

### source testing can involveinadvertent receipt ofCAA CBI, it is thepolicy ofOAQPS to protect 

### aUparties involved in the· following manner: (1) 

### Prior to or at the inception ofaplant inspection, data--gathering visit, or source test, EPA or its authorized representative discusses with a 

### responsible industcy official the 

### information sought, how itis to 

### be used, and how it is to be protected. A copy ofthis summary is usually provided to 

### the industty official being consulted. (2) 

### Following an inspection, visit, ortes4 a trip report isprepared to include, as practicable, all infonnation received by EPA orits authorized representative during the 

### visit or test. The 

### report may be

### preparedby either EPA or its authorized representative. The draftreport is clearly identified with an attached yellow cover sheet. A second copy ofthe draft trip 

### report is ·forwarded byEPA to the responsible industry official for review. The responsible industry official is requested by cover letter to 

### review thereport, clearly mark any infonnation considered to be confidential, and return theedited copy to theresponsible EPA employee within the time specified. The original draft is kept in the CBI file until the edited copy is returned by the business 

### finn. · (3) When the reviewed copy is returned to EPA, information 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 the 

### trip report is authorized for release. Attachments (2)

# Enclosure 5- Attachment A Example Record Form for CBI Access

### CAA CONFIDENTIAL BUSINESS INFORMATION CONTROL RE
- CORD DATE RECEIVED: RESPONSIBLE GROUP: 

# 1 CONTROL NUMBER:
DATE OF DOCUMENT: DOCUMENT AUTHOR: DESCRIPTION (PROVIDING ORGANIZATION, TITLE, SUBJECT, NUMBER OF COPIES, NUMBER OF PAGES)

RETURN DATE: 

# I DESTRUCTION DATE: 'INITIALS: EACH PERSON WHO IS GIVEN ACCESS TO THIS DOCUMI;NT MUST FILL INTHE INFORMATION BELOW. 

### CHECK

..OUT CHECK-IN SLGNATURE DATE TIME SIGNATURE DATE TIME



# .

.

CAA Fonn 1 (Rev. 01/02)

# Enclosure 5-Attachment B Example Authorization Form for CBI AccessCAA CBI Security Manual (Appertdix A) 

### I. AUTHORIZATIONFORACCESS TOCAA CBI FORFEDERAL EMPLOYEES FULL NAME POSITION SSN OFFICE It is the responsibility ofeach Authorizing Official• to ensure thatthe employees under his/hersupervision who require access to CAA CBl: L Sign the Confidentiality Agreement for Federal**Employ~es** 2. Are fully infonned 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• TELEPHONE NO. DATE
TITLE LOCATION IL CONFIDENTIALITY AGREEMENT FOR FEDERAL EMPLOYEES I understand that, in accordance with my official duties, I will have access to certain Confidential Business Information submitted under the Clean Air Act (CAA)(42 U.S.C. 7401 et seq.) Junderstand that, under 18 U.S.C. 1905 and 18 U.S.C 19241 am liable for a possible fine ofup to $1,000 and/or imprlsonmertt for up to one

### year, ifl willfully discloseCAA Confidential Business Information to any person not authorized to receive it. Additionally, I understand that, I may be subject to disciplinary action for violation of this agreement with penalties ranging up to and including dismissal. 1am aware that, I may be subject to criminal penalties under 18 U.S.C. 100 l ifI have made any statement of material facts knowing that such statement is false or ifI willfully conceal any material fact. l agree that, upon the tennination ofmy duties, transfer ordeparture from the Environmental Protection Agency, I will return all materials containing CAA Confidential Business lnfonnation in my possession to the OAQPS CBI Office. I certify th&t Ihave read and understand these procedures and those outlined in the CAA CBI Security Manual.
SIGNATURE TELEPHONE NO. DATE 

### HI.THE UNDERSIGNED CERTIFIES THEALL TRAINING AND TEST REQUIREMENTS HAVE BEENMET BY THE EMPLOYEE.
SIGNATURE CBJ MANAGERIDCO TELEPHONE NO. DATE IV. ANNUAL RE-CERTIFICATION: J certizy that, in conjunction with my duties, I require access to CAA CBI. I am current with all CBI handling procedures and security guidelines as outlined in the CCA CBl Security Manual.
Date Date Date Date Date Date Initial lnitial Initial. Initial lni!inl Initial Date Date Date Date Date Date Initial Initial In!tal Initial Initial Initial



### . .. CAA CBI From 2 (Rev. 01/02) *Must beDivtston Dtrector(orequtvaient) or above. A-1