p.1 

OAR Box 1168 

Prepped by Ollie Stewart 

Document Number: 

72) ll-C-1 

Docket Number: 

A-89-10 

Printed 4/29/2008 11:23:19 AM Sheet 72 of 131 
A-89-10 

II-C- l 

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2 1 OCT 1988 

^JJLLLilP-' 

*' FEB 11-1991 • 

Mr. Stan Ray i FRA r i 

Environmental Engineer ""'"~'""' 

Rubicon, Incorporated 

Post Office Box 517 

Geismar, Louisiana 70734 

Dear Mr. Ray: 

The U. S. Environmental Protection Agency (EPA) is investigating 

development of national emission standards for controlling phosgene emissions 

from process equipment components. As part of this effort, we are gathering 

equipment leak screening and bagging data for all equipment components in 

phosgene production facilities. The data we collect will enable us to compare 

leak frequencies of equipment components among several production units within 

We will also compare the phosgene leak 

source categories involving different chemicals, 

will be used to generate equipment leak control 

the phosgene source category, 

frequencies to those in other 

Ultimately, these comparisons 

strategies, 

To ensure that the data we receive will be complete, EPA requests that 

you supply the information contained in Enclosure 1 for your Geismar, 

Louisiana, production facility. We have made an effort to request information 

consistent with the format that the Chemical Manufacturers Association (CMA) 

is using to analyze data from the Phosgene Environmental Task Group of CMA. 

For your convenience, you are welcome to submit these data to EPA on magnetic 

media in lieu of the field data sheets enclosed. If you collected bagging 

data in your study, please include those field data also. 

The authority for the EPA's information gathering is included in 

Section 114 of the Clean Air Act (42 U.S.C. 7414). Enclosure 2 contains a 

summary of this authority. If you believe that disclosure of specific pieces 

of information you submit would reveal a trade secret, you should clearly 

identify such information as discussed in the enclosure. Any information 

subsequently determined to constitute a trade secret will be protected under 

18 U.S.C. 1905. If no claim of confidentiality is made concerning the 

information obtained by EPA, it may be made available to the public by EPA 

without further notice (40 CFR Part 2.203, September 1, 1976). Enclosure 3 

summarizes Agency and Emission Standards Division policies and procedures for 

handling privileged information and describes the EPA contractor commitments 

and procedures for use of confidential materials. It is the EPA's policy that 
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compliance by an authorized representative with the requirements detailed in 

Enclosure 3 provides sufficient protection for the rights of submitters of 

privileged information. 

The EPA has contracted with Radian Corporation (Contract No. 68-02-4378) 

to obtain information pertinent to this investigation. Thus, as noted in 

Enclosure 4, Radian has been designated by EPA as an authorized representative 

of the Agency. Therefore, Radian has the rights discussed above and in 

Enclosure 2. As a designated representative of the Agency, Radian is subject 

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

and processes entitled to protection as trade secrets.. 

If you have any questions regarding this request or need additional 

explanation about our confidentiality procedures, please call 

Mr. David W. Markwordt of EPA at (919) 541-0837 or Mr. Ed Moretti of Radian at 

(919) 541-9100. Since the screening and bagging data have already been 

collected and we are collecting only copies of the field data, we are 

requiring a response within five working days of receipt of this letter. 

Thank you for your help with this project. 

Sincerely, 

Jack R. Farmer 

Director 

Emission Standards Division 

4 Enclosures 

cc: Mr. William B. Hathaway, EPA Region VI 

Mr. Gustave Von Bodungen, Louisiana 

Department of Natural Resources 

0AQPS:ESD:CPB:MD-13:DWMarkwordt:rm776:NCMU:541-5671 

(Radian/ECMoretti/gepolite/541-9100/10-21-88) 

(ESD No. 87/09) 

iH 
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ENCLOSURE 1. 

This enclosure presents the format for submitting equipment leaks 

screening and bagging data in phosgene service collected by your company. 

Please complete one set of the information sheets enclosed for each 

facility in your company that participated in the screening and bagging 

survey. The data we collect will enable us to compare leak frequencies of 

equipment components among several production units within the phosgene 

source category. We will also compare the phosgene leak frequencies to 

those in other source categories involving different chemicals. 

Ultimately, these comparisons will be used to generate equipment leak 

control strategies. 

Mail the completed forms (or magnetic media) to: 

Susan R. Wyatt, Chief 

Chemicals and Petroleum Branch 

Emission Standards Division (MO-13) 

U. S. Environmental Protection Agency 

Research Triangle Park, North Carolina 27711 
ENCLOSURE 1 . 

Please fil l out enough copies of thi s sheet to include al l equipment components 

" in phosgene service in your screening and bagging program. 

Plan t ID Date Background Reading 

Instrument ID Average RF Time 

Analyst Name Calibratio n Curve (Y/N) Raw Value 

1 Servic e Category/Process Stream 1 Screening Value 1 Bagging Data 

Flow 1 1 OVA Phosgene 1 Emission Rate 

Seq. Sheet Location 1 Comp Comp Phosgene Solvent i Reading Specifi c 1 (lb/h r or kg/hr) 

No. No. P4ID 1 Type Category Phase % Name/X 1 (ppm) (ppmv) Comment 1 Circl e One 

I <t. l 
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ENCLOSURE 1 

An explanation of the data to be supplied for each entry in the enclosed 

table is given below: 

o Plant ID = Producer's name and location. 

o Instrument ID •= Make, Model number and serial number of the 

primary screening instrument (OVA). 

o Analyst name = (Optional) identification of the people doing 

the screening analyses. 

o Date = Date of the screening test. 

o Background reading time = Time in military (24 hour) format 

when the report form was started. 

o Average RF = Average response factor (RF) from the most recent 

multipoint calibration using phosgene standard gases (if the 

correlation coefficient was greater than or equal to 0.99). 

o Calibration curve (Y/N) = Indication of whether a calibration 

curve was used to generate the phosgene concentrations from the 

raw data. This would be Y if the last multipoint calibration 

gave a correlation coefficient less than 0.99. If the 

coefficient was greater than or equal to 0.99, then the 

entry would be N and the average RF would be used. 

o Seq. No. = Sequence number starting from 1 and being 

incremented by 1 for each component. 

o Flow Sheet No. = Plant-specific blueprint, drawing, or flow 

sheet number. 

o Location P&ID = Specific identification number assigned by 

the producer. 

o Component Type = Type of component being reported. Examples 

include: 

-- Valves (VLV) 

-- Connectors or Flanges (FLN) 

-- Pumps (PMP) 

-- Safety Valves (SV) 

-- Open-ended Lines (OEL) 

-- Compressors (COM) 

-- Sample Points (SP) 
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ENCLOSURE 1 CONCLUDED 

• Component Category = Subcategory of the above component type. 

These data may include such items as valve type (globe, ball, 

gate, bellows, etc.) or pump/compressor type (sealed, solvent 

flush, etc.) 

• Phase = Type of material flowing through the component. 

Acceptable values are G for gas and L for liquid. 

• Phosgene % = Integer value expressing the amount of.phosgene in 

the stream. This value should be between 1 and 100%. 

• Solvent Name = Name of the highest concentration material 

(other than phosgene) in the component stream. 

• Solvent % = Integer values expressing the known or estimated 

percentage of the solvent named above. 

• OVA Screen Reading = Raw OVA screening value. 

• Other Phosgene = Results of other screening tests, if any. 

t Comments = Any unique information that may provide 

clarification for any data given on the line. 
P.8 

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 "(a) 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 or 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.* Procedures to be used for making confidentiality 

determinations, substantiative 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 Reaister on September 1, 1976 (40 FR 

36902). 

'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). 
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. Enclosure 2 (continued) 

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 assserts 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. 

m 
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ENCLOSURE 3 

EPA's Information Gathering Authority Under 

Section 3007 of the Resource Conservation 

and Recovery Act 

The authority to obtain samples and information is provided by Section 

3007 of the Resource Conservation and Recovery Act of 1976, as amended, 42 

U.S.C. 6927 (RCRA). "For the purpose of developing or assisting in the 

development of any regulation," ...and upon request by a duly designated EPA 

officer, Section 3007 authorizes an EPA employee (1) to enter any 

establishment where hazardous wastes are generated, stored, treated, 

transported, disposed of, or handled; (2) to inspect and obtain samples of 

such wastes; (3) to inspect or copy records relating to such waste. If 

requested prior to leaving the premises with the samples, the EPA employee 

shall give a descriptive receipt and a portion of the samples to the 

establishment's agent. A copy of the results of all analyses subsequently 

performed on the samples shall also be furnished to the establishment's agent. 

Information may not be withheld from the Administrator or his authorized 

representative because it is confidential. However, when requested to do so, 

the Administrator is required to consider information to be confidential and 

to treat it accordingly, if disclosure would divulge methods or processes 

entitled to protection as trade secrets. EPA regulations concerning 

confidentiality of business information are contained in 40 CFR Part 2, 

Subpart B (42 Federal Register 36902-36924 (September 1, 1976), as amended by 

43 FR 39997 (September 8, 1978), and 44 FR 17673 (March 23, 1979). These 

regulations provide that a business may, if it desires, assert a business 

confidentiality claim covering part or all of the information furnished to 

EPA. The manner of asserting such claims is specified in 40 CFR 2.203(b). 

Information covered by such a claim will be treated by the Agency in 

accordance with the procedures set forth in the Subpart B regulations. In the 

event that a request is made for release of information covered by a claim of 

confidentiality, or the Agency otherwise decides to make a determination 

whether or not such information is entitled to confidential treatment, notice 

will be provided to the business which furnished the information. No 

information will be disclosed by EPA as to when a claim of confidentiality has 

been made except to the intent and in accordance with 40 CFR Part 2, Subpart 

B. However, if no claim of confidentiality is made when information is 

furnished to EPA, the information may be made available to the public without 

notice to the business. 

Businesses should transmit RCRA Confidential Business Information to EPA 

by registered mail, return receipt requested, in a double envelope. The inner 

envelope should be addressed specifically to the appropriate contact person 

with the following additional wording on the front: "RCRA Confidential 

Business Information To Be Opened by Addressee Only." The outer envelope 

should be addressed to the appropriate contact person without the additional 

wording. 

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Enclosure 4 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

Office of Air Quality Planning and Standards 

Research Triangle Park, North Carolina 27711 

DESIGNATION OF AUTHORIZED REPRESENTATIVE 

FOR STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES (SECTION 111) 

AND NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (SECTION 112) 

Radian Corporation is hereby designated an Authorized Representative of 

the Administrator of the United States Environmental Protection Agency for the 

purpose of assisting in the development of standards of performance under 42 

U.S.C. 7411 and national emission standards for hazardous air pollutants under 

42 U.S.C. 7412 under Contract Number 68-02-3816. 

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 Representative named herein: (lj shall have a right of entry 

to, upon, or through any premises in which an emission source is located or i.n 

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 methods required under 42 U.S.C. 

7414(a)(1), and sample any emissions which 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: NOV 2 1 1989 

Designation Expires: April 30, 1990 

•~'l 

Gerald A. EmisorMcs 

j Director 'l 

Office of Air Quality Planning 

and Standards 
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_. *°

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Enclosure 5 

UNITED STATES ENVIRONMENTAL PROTECTION AGENC Y 

Office of Air Quality Planning and Standards 

Research Triangle Park, North Carolina 27711 

DESIGNATION OF AUTHORIZED REPRESENTATIVE FOR CLEAN AIR ACT STANDARDS OF 

PERFORMANCE FOR NEW STATIONARY SOURCES (SECTION 111), NATIONAL EMISSION 

STANDARDS FOR HAZAROOUS AIR POLLUTANTS (SECTION 112), AND RESOURCE 

CONSERVATION ANO RECOVERY ACT (RCRA) STANDARDS FOR OWNERS AND 

OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, 

AND DISPOSAL FACILITIES (SECTION 3004) 

Research Triangle Institute (RTI) is hereby designated an Authorized 

Representative of the Administrator of the United States Environmental 

Protection Agency for the purpose of assisting, under Contract Number 68-02-

4326, in the development of national emission standards for hazardous air 

pollutants under 42 United States Code (U.S.C.) 7412, standards of perfornance 

under 42 U.S.C. 7411 and/or air standards for hazardous waste treatment, 

storage, and disposal facilities under 42 U.S.C. 6201. 

This designation is made pursuant to the Clean Air Act, 42 U.S.C. 7414 

and the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6927. The 

U.S.C. provides that, upon presentation of this credential, the Authorized * 

Representative 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 sanple 

any emissions which the owner or operator of such source is required to 

sample. Authority to obtain samples and information also is provided under 

RCRA Section 3007. Section 3007 of RCRA authorizes the Authorized 

Representative (1) to enter any establishment where hazardous wastes are 

generated, stored, treated, transported, disposed of, or handled, (2) to 

inspect and obtain samples of such waste, (3) to inspect or copy records 

relating to such waste. 

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), as amended by 43 FR 39997 

(September 8, 1978), and 44 FR 17637 (March 23, 1979). 

Date: NOV 2 4 1989 

Designation Expires: July 31, 1992 

.Gerald A. Emison 

Director 

Office of Air Quality Planning 

and Standards 
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Enclosure 6 

U. S. Environmental Protection Agency 

Office of Air Quality Planning and Standards (OAQPS) 

Emission Standards Division (ESD) 

January 1989 

Summary of ESD/OAQPS 

Procedures for Safeguarding Confidential Business Information (CBI) 

1. Purpose 

This memorandum describes Agency policy and procedures pertaining to the 

handling and safeguarding of information that may be entitled to confidential 

treatment for reasons of business confidentiality by the ESD, 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 

Information. 

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

d. Clean A1r Act Confidential Business Information Security Manual 

for Federal Employees. 

e. Clean Air Act Confidential Business Information Security Manual 

for Contractors. 

3. Exception: 

This document was prepared as a summary of data gathering and handling 

procedures used by the ESD, OAQPS, EPA. Nothing in this document shall be 

construed as superseding or being in conflict with any applicable regulations* 

statutes, or policies to which EPA is subject. 

4. Definition: 

Confidential Business Information - Information claimed by the provider 

to be confidential. This information may be identified with such titles as 

trade secret, secret, administrative secret, company confidential, 

confidential proprietary, or proprietary. NQI__,: These markings should not be 

confused with the classification markings of National Security information 

identified in Executive Order 11652. 
P.M 

Section 114(c) of the Clean A1r 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 information, records, or reports, 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 record, report, or information or particular 

portion thereof confidential in accordance with the purposes 

of Section 1905 of Title 18 of the United States Code, 

except that such record, report, or information may be 

disclosed to other officers, employees, or authorized 

representatives of the 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 the Clean A1r Act, is governed by Title 40, Part 2, of the 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 of the 

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 

authorized representatives; (3) contain provisions for the release of 

information to the Congress, Comptroller General, other Federal agencies, 

State and local governments, and Courts; (4) permit the disclosure of 

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. 552). 

rras 
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6. Procedures: 

a. Requests for Information 

Each request originating in the ESD for information made under the 

provisions of Section 114(a) is signed by the Division Director. The request 

includes ESD's standard enclosure "EPA's Information Gathering Authority Under 

Section 114 of the Clean Air Act," which was designed to meet the requirement 

of 40 CFR Part 2 discussed above. 

b. Receipt of Confidential Business Information 

Upon receipt of information for which confidential treatment has been 

requested, the Office of the Director (OD) directs the logging of the material 

and the establishment of a permanent file. If confidential treatment 1s 

requested, but 1s not specifically marked, the material will be stamped 

"Subject to Confidentiality Claim." If part of the material is claimed to be 

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

compliance with Section 2.204 and 2.208 of 40 CFR Part 2, the Branch Chief 

responsible for the requested information reviews the information to determine 

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 information is clearly not 

confidential, the Branch Chief prepares a letter for signature of the Division 

Director, ESD, to notify the business of this finding. If the information is 

possibly confidential, the Branch Chief sends a memorandum to Inform the OD, 

ESD, of this finding, gives a brief description of the material (what it is, 

how many pages, etc.), identifies it with the correct 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 00 and placed in the CBI 

files with the material. A record of who will see the information (Attachment 

A) is also filed with the folder containing the information. If 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. 
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c. Storage of Confidential Business Information 

Folders, documents, or material containing CBI (as defined) shall be 

secured, at a minimum, in a combination-locked cabinet. Normal ESD procedure 

is to secure this information in 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 of the OD. 

Knowledge of the combinations of the locking devices is limited to the 

Document Control Officer (DCO) and the minimum number of persons required to 

effectively maintain normal business operations. Records of the locking 

device combination are stored elsewhere in conformance with the requirements 

of the EPA Security Manual. 

Combinations of the locks are normally changed whenever a person with 

knowledge of the 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 must be 

returned no later than 4:00 p.m. on the same day they are removed. The 

intended user must sign the CBI Control Records when the file is checked out. 

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 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, a memorandum is placed in the 

file indicating what information was transmitted, the date, and the recipient. 

The authorized representative returns a signed receipt to the DCO. 

d. Access to Confidential Business Information 

Only authorized EPA employees may open and distribute CBI. 

Only employees who require and are authorized access to CBI 1n 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. 

____________ 
P__7 

The CBI files are controlled by the OD, ESD, and maintained by a 

contractor cleared for access as an authorized representative. Access to the 

information is limited to those persons having a need to know in performing 

their official duties. 

The ESD Branch having primary interest in the 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 CBI are placed on the Clean Air Act CBI access 

list, which indicates the specific CBI each person 1s permitted to see. The 

access list is reviewed and updated periodically. 

Companies under contract to perform work for 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 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 information 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 of an EPA legal office, and (c) must return to EPA all 

copies of the information (and any abstracts or excerpts therefrom) upon 

request or whenever the information is no longer required for the performance 

of the work. 

(2) The authorized contractor designated as a representative must 

obtain a written agreement from each of its employees who will have access to 

the information. 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 

CBI are included for the benefit of, and shall be enforceable by, both EPA and 

any affected business having a proprietary interest in the information. 

Information may be released to or accessed by EPA employees other than 

OAQPS employees only upon approval of the Director, ESD. 

_ _m i •-"•**•••••--• i nl__ilii____-ii_ini m i 
P.18 

Requests for 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 ESD Freedom of Information Coordinator must be 

consulted prior to responding to any request for information 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 Confidential Business Information 

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

documents, memoranda, etc., that become a part of the public domain, except as 

provided for in 40 CFR 2 Subpart B. 

The CBI may not be summarized without the approval of the Project 

Manager responsible for the CBI. Any authorized reproduction shall be 

provided by the CBI office staff. Further, all authorized reproductions must 

be introduced into the CBI control 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 CBI, 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 comments or review 

prior to publication except in such cases as described above (6.d.3) wherein 

CBI is expressly included. However, because industrial-data-gathering visits, 

plant inspections, and source testing can involve inadvertent receipt of CBI, 

it 1s the policy of ESO to protect all parties involved 1n 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 

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EPA or Its authorized representative. The draft of that report is clearly 

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

Determination." A second copy of the 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 of the report, as marked by the responsible plant 

official, 1s received by EPA, information designated confidential is placed in 

the CBI files as described above. The original draft of the trip report is 

edited to delete the confidential information and to accommodate technical 

changes, and the trip report is issued. 

2 Attachments 
P.20 

CAA e@wTM§NYIAL §ygJNii§ INFORMATION 

CONTROLBIOOBD 

OATE flgCf IVgD: RESPONSIBLea^AWCH: 

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CAA Perm 1 

8 0 JAN 1'989 

" -" ' •—•-"• * .________________.___i 
P.21 

Attachment B 

I. AUTHORIZATION POR ACCESS TO CAA CBI POR EPA CONTRACTOR EMPLOYEES 

PULL NAME POSITION 

SSN CONTRACTOR 

It Is ths responsibility of saeh Authorizing Official to snsurs that ths smploysss undsr his/hsr 

fupsrvlslon who rsqulrs access to CAA CBI: 

1. Sign ths confidsntlallty Agreement for EPA Contractor Smploysss 

2. Ars fully Informsd regarding their sscurlty responsibilities for CAA CBI. 

3. Obtain access only to that CAA CBI rsqutred to perform thslr official duties 

SIGNATURE OP AUTHORIZING OPPICIAL TELEPHONE NO. OATE 

TITLE LOCATION 

II. CONFIDENTIALITY AGREEMENT POR EPA CONTRACTOR EMPLOYEES 

I undsrstand that I will havs aeesss to esrtaln Confldsntlal Businsss information submlttod to 

EPA or Its authorized repressntatlvss undsr the Clean Air Act (CAA). 

This aeesss Is granted in aeeordancs with my official duties as an employee of an Environmental 

Protection Agency contractor. 

I understand that CAA CBI may not be disclosed sxcspt as authorized by CAA and Agsney 

rsguiatlons. I understand that I may fees criminal prosseutlon if | willfully disclose CBI to any 

person.not authorized to receive It. In addition, I understand that I may be sublset to 

disciplinary action for violation of this agrssmsnt with penalties ranging up to and Including 

dismissal. 

I agree that I will treat any CAA CSI furnished to me as confidential and that I will follow the 

procedures set forth In the CAA Confidential Businsss information Security Manual for 

Contractors. 

i have road and understand these procedures. 

SIGNATURI TELEPHONE NO. OATE 

III. HAVING COMPLETEO REOUIRED TRAININO ANO PASSEO REOUIRED TEST. THE ABOvE-NAMEO 

EMPLOYEE IS HEREBY AUTHORIZED TO HAVE ACCESS TO CAA CBI. 

SIGNATURE CBI COCO TELEPHONE NO. OATE 

CAA PORM 2 

2 1 JAN 1989 
P.22 

Identical letters were sent to the following addresses with changes as noted: 

Mr. W. B. Graybill 

PPG, Industries Incorporated 

1 PPG Place 

Geismer, Pittsburgh, PA 15272 

Paragraph 2, line 1: Geismer, Louisiana, production facility changed to your 

production facilities in Barberton, Ohio, and LaPorte, Texas 

cc: EPA Regions V and VI, Ohio EPA and Texas Air Control Board 

Mr. Matthew Barnassee 

Van De Mark Chemical Company Incorporated 

1 North Transit Road 

Lockport, New York 14094 

Paaragraph 2, line 1: Geismer, Louisiana, changed to Lockport, New York 

cc: EPA Region II, NY State Dept. of Environmental Conservation 

Mr. Jim Anderson 

Olin Corporation 

Post Office Box 2896 

Lake Charles, Louisiana 70602 

Paragraph 2, line 1: Geismer, Louisiana, changed to Lake Charles, Louisiana 

Ms. Sherrie L. Arnold 

Dow Chemical Clearing House 

2050 Dow Center 

Midland, Michigan 48640 

Paragraph 2, line 1: Geismer, Louisiana, production facility changed to your 

production facilities in Freeport and LaPorte, Texas 

cc: EPA Region VI and Texas Air Control Board 

Mr. Terry Leonard 

BASF Wyandotte Corporation 

Post Office Box 457 

Geismer, Louisiana 70734 

Paragraph 2; line 1: Unchanged 

Dr. Robert F. Hoffman 

ICI America, Incorporated 

Mantra Grove Road 

West Deptford, New Jersey 08086 

Paragraph 2 line 1: Geismer, Louisiana, production facility changed to your 

production facilities in Cold Creek, Alabama, and St. Gabriel, Louisiana 

cc: EPA Regions IV and VI, Alabama Department of Environmental Management, 

Louisiana Department of Natural Resources 

RegNeg.Gra 

dkd.001 
P.23 

Mr. Thomas A. Kittleman 

E. I. DuPort de Nemours and Company 

Engineering Department 

Louviers Building 

Wilmington, Delaware 19898 

Paragraph 2; line 1: Geismer, Louisiana, changed to Deepwater, New Jersey 

cc: EPA Region II and New Jersey Bureau of Air Pollution Control 

Mr. Forrest GiImore 

Mobay Corporation 

Post Office Box 500 

New Martinsville, West Virginia 26155 

Paragraph 2; line 1: Geismer, Louisiana, production facility changed to your 

production facilities in Baytown, Texas, and New Martinsville, West Virginia 

cc: EPA Regions III and VI, West Virginia Air Pollution Control Commission, 

and Texas Air Control Board 

RegNeg.Gra 

dkd.001