UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10

John Martin, President GPP-US, Alcoa Primary Metals 900 South Gay Street Knoxville, Tennessee 37902
Dear Mr. Martin: 1200 Sixth Avenue, Suite 900 Seattle, WA 98101-3140


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# 12 20l3 OFFICE OF AIR, WASTE AND TOXICS

The U.S. Environmental Protection Agency (EPA) is seeking to determine the entitlementto confidentiality ofinformation that you submitted to Dennis McLerran, EPA Region 10, on June 22,2012, regarding the affordability ofairpollution controls at the Intalco Aluminum Corporation facility located in Ferndale, Washington. More specifically, yourJune 22,2012, letterrequested that EPA maintain Attachment 2 to your letter as confidential business information (CBI).
This letter is to notify you that the EPA Region 10 Office ofRegional Counsel will be making a final confidentiality determination concerning this information. Ifyou feel that some or all ofthe above information is entitled to confidential treatment, please specify which portions ofthe information you considerconfidential. Please attach a copy ofthose pages with brackets around the text that you claim to be CBI. Any information not specifically identified as subject to a confidentiality claim will be disclosed to the public without further notice to you. Foreach item orclass ofinformation that you identify as being subject to yourconfidentiality claim, please answerthe following questions, giving as much detail as possible:
I. For what period oftime do you request that the information be maintained as confidential (e.g., until a certain date, until the occurrence ofa specified event, orpermanently)? Ifthe occurrence ofa specific event will eliminate the need for confidentiality, please specify that event.
2. Information submitted to EPA becomes stale overtime. Why should the information you claim as confidential be protected for the time period specified in your answerto question #I?
3. What measures have you taken to protect the information claimed as confidential and to guard against the undesired disclosure ofthe information to others? Have you disclosed the information to anyone otherthan a governmental body or someone who is bound by an agreement not to disclose the information further? Ifso, why should the information still be consideredconfidential? In responding to this question, please address the fact that a copy ofthe information claimed as CBI was provided to the individuals identified at the end ofyour letter as "cc's". Please also discuss whether each ofthese individuals was bound by an agreement not to further disclose this information when they received the information and provide a copy ofany such agreement.
4. Is the information contained in any publicly available material such as the Internet, publicly available databases, promotional publications, annual reports, or articles? Is there any means by which a memberofthe public could obtain access to the information? Is the information ofa kind that you would customarily not release to the public?



# 0 PrintedonRecycledPaper5. Has EPA, any other Federal agency, or any other governmental agency made a determination as to the confidentiality ofthe information? Ifso, please attach a copy ofthe determination.
6. Foreach category ofinformation claimed as,confidential, explain with specificity why release ofthe information is likely to cause substantial harm to your competitive position. Explain the specific nature ofthose harmful effects, why they should be viewed as substantial, and the causal relationship between disclosure and such harmful effects. How could your competitors make use ofthis information to your detriment?
7. Do you assert that the information is submitted on a voluntary basis (as defined in 40 C.F.R.**~** 2.20I(i)) or on a mandatory basis? Please explain the reason for your assertion. Ifthe business asserts that the information is voluntarily submitted information, please explain whether and why disclosure ofthe information would tend to lessen the availability to EPA ofsimilar information in the future.
8. Ifyou believe any information to be (n) trade secret (5,), please so state and explain the reason for yourbelief. Please attach copies ofthose pages with brackets around the text that you claim to be (n) trade secret**(~).** 9. Please discuss any other issue you deem relevant (including, ifpertinent, reasons why you believe thatthe information you claim to be CBI is notemission data oreffluentdata).
Please note that you bearthe burden ofsubstantiating yourconfidentiality claim. Conclusory allegations will be given little orno weight in the determination. In accordance with 40C.F.R.**~** 2.205(c) ifyou wish to claim any ofthe information in your response as confidential, you must mark the response 

### "CONFIDENTIAL" or with a similardesignation, and must bracket all text so claimed. Information so designated wiII be disclosed by EPA onI y to the extent allowed by, and by means of, the procedures set forth in 40 C.F.R. Part 2, Subpart B. Ifyou fail to claim the information as confidential, it may be made available to the public without further notice to you.
Yourcomments must be postmarked or hand delivered to this office, ore-mailed to body.steve@epa.gov, by the 15th working day after your receipt ofthis letter. You may seck an extension oftime to submit your comments to this office, but the request must be made before the end ofthe 15-day period. Failure to submit yourcomments within that time will be regarded as a waiver ofyour confidentiality claim orclaims, and EPA may release the information. Please refer to the requirements of40C.F.R.**~2.205(b)** regarding 

### Commentperiod; extensions; un-timeliness as waiFer**r~f**

### claim.
Should you have any questions concerning this matter, please call me a.t (206) 553- 0985 or Steve Body at 206-553-0782. Sincerely,

# D~~i.~lff~ Air Planning Unit

cc: Barry Hullett President, lntalco Aluminum Corporation 

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