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

Robin Bennett-Edmiston Owens Coming Corporation 400 Case Avenue Newark, Ohio 43055 Dear Ms.Bennett-Edmiston: June 25, 2015

Pursuant to section 114 ofthe Clean Air Act (CAA), the U.S. Environmental ProtectionAgency (EPA) is requesting that you provide the information described in Enclosure 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, Owens Coming Corporation, owns and operates wool fiberglass manufacturing facilities (NAICS code 327993). On June 14, 1999, the EPA issued National Emission Standards for Hazardous Air Pollutants (NESHAP) for wool fiberglass manufacturing ( 40 CFR part 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, butthat at least one RS line using phenol/formaldehyde resin still operates within each wool fiberglass company. The EPA proposed emission limits for RS lines in November 2011, April 2013, andNovember 2014, but did not finalize these emission limits inthe final rule due to the noted changes in the 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 phenol/formaldehyde binder. Part I is enclosed with this letter. Because the emission test methods to be

### 2 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 in Part 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 in this 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 may require, 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 bythe EPA, the information may be made available to the public bythe EPA without further notice (40 CFR §2.203(a)(2)). See 40 CFRpart 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 inEnclosure 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 inEnclosure 4, we have designated ERG to 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 inresponse 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 or processes 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 

## Drive·
...

... ; • '

. . "::**~** • - j

... • ... \ ·, 

### Research**Triangl~'Park,** 

### NC27711**.'·~** 

### , Ifyou would prefer, you may electronically submit to the following Wool Fiberglass ICRWebsite: 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 inEnclosure 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. Pqstal 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 BY EMAIL OR FAX MACHINE OR TO THE WEBSITE.

### Ifyou have 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 survey response to Part I ofthe survey by August 20, 2015. Thank you for your assistance inthis effort. Sincerely,

Pe Sector Policies 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 ofwhat EPA 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.] Pacility Facility

**Ma ilin**  **~** RSLinc C.onwany Name Facility Name Fac.ility City State 1\ddtess 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.] Annual Product PJToiJuction Dcrrsity Free

**Formaldeh~de** Recommended Line Rro(luct Rate (Specify Product LOI (Specify Content OfResih P

- roduct End lD Name Un'its) : Go/ell) Units) (Specify Uuits)

**U~e(S)**

**,**

### 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 targetpollutant(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.

Control Device ID Control 

### Device DescJription 

### RS Line 

### ffi 1s) V' entell to the Control De -vice 

### PdJJuta.ntf$:) Controlled by Dcld'Ce

**oJiutant**
**..:S**

**cf cific** 

**'** Gontrol EfficiencJ! Basis 

### t'01· Control Efficiency Paramet: r(s) Monitored to Assess Co" ntrol Dev,ice Operation Daf e:.

Control 

### Device Installed on RS Line

# Enclosure 2: EPA's Information Gathering AuthorityEPA's Information Gathering Authority Under Section 114 ofthe Clean Air Act Under Section l 14 oftheAct (42 U.S.C, 7414), Congress has given the U.S. Environmental Protection Agency broad authority to secure information needed "for the purpose of(i) developing or assisting in the development ofany implementation plan under Section 110or 1ll(d),any standard ofperfwmance under Section 111, or any emission standard under Section 112, (ii) 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, Sectinn 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 additicn, the EPA Office ofGeneral Counsel hasinterpreted Section ll41o include authority to photograph or require submission ofphotographs ofpertinent equipment, emissions, or both. Under Section 114, EPA is empowered to obtain information described by that section even ifyou consider it to be confidential. You may, nowever; 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 irEPA determines that the information is not entitled to confidential treatment. 1 Proce<lures 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 setforth in 40 CFR Part 2 published in the Federal Register on September 1, 1976 (40 FR 36902). Pursuant to§ 2.204(a) ofEPA's Freedom ofInformation Act (FOIA) regulation, in the event a request is received, or It is determined that a request is likely to be received, orEPA desires to determine whether business information in its possession is entitled to confidential treatment even though no request for release ofthe information has been received, please be advised thatEPA will seek, at that time, the following information to support yourclaim as required by§ 2.204(e)(4) ofEPA's FOlA regulations: l. Measures taken by your company to guard against undesired disclosure ofthe 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, ifany, by EPA or otherFederal agencies, and a copy ofany such determinations, or reference to it, ifavailable; and 4, Whether your company asserts that disclosure ofthe information would be likely to result in substantial harmful effects on the business' competitive position, and ifso, what**thos~** harmful effects would be, why they should be viewed as substantial, and an explanation ofthe causal relationship between**disclosur~** and such harmful effects.

1 Section 114 requires public availability ofall emission data and authorizes disclosure ofconfidential information in certain circumstances. See 40 FR 36902- 36912 (September 1, 1976).

# Enclosure 3: Clarification ofWhat EPA Considers Emissions DataFederal RegisterJVol. 56 No. 35 I Thul'sday, February Zl, 1991/Notkes fage7042 {AD-FRL-3906-3] Disclosure ofEmission Data Claimed as Confidential Under Sections llO and ll4(c) ofthe Clean Air Act AGENCY: Environmental Protection Agency (EPA). ACfiON: Notice ofpolicy on public release ofcertain emission data submitted under sections 110 and l14{c) ofthe Clean AirAct (CAA).
SUMMARY: Section ll4(c) ofthc CAA excludes emission data from the general definition of trade secret information. Certain classes ofdata submitted to the EPA undersections t t0 and 1t4(a) ofthe CAA are emission data, and, as such, cannotbe withheld from disclosure as wnfidential pursuant to section 1905 oftitle 18ofthe United States Code. TI1is notice clarifies EPA's current policy, and solicits comment regarding that policy and categories ofdata which it considers excluded from atrade secret definition. DATES: Written comments pertaining lothis notice are requested by April 22, J991. ADDRESSES: Submit comments. to: Nancy D. Riley, U,S. Environmental Protection Agency, Emission Standards Division, Pollutant Assenme:nl Branch (MD-13), Research TrianglePark. NC 27711. FOR FUR.THBR INf'ORMATION CONTACT: Timothy Mohin (telephone: (919) 541-5349 commercialiFfS 629-5349) or Karen Blanchard (telephone: (919) 541-5503 commeccialiFfS 629-5503),**Poll~tant** Assessmenl Branch (MD-13), Emission Standards Division: or Thomas Rosendahl (telephone: (919) 541-5404 corrunercial/FTS 629-5404), National Air Data Branch**(MD~l4),** Technical Support Division: U.S. Environmental ProteQtion Ageney, Research Triangle Park, North Carolina 27711. SUPPLEMENTARY INFORMATION: The EPA routinely uses the authority ofse<:tions 110 and ll4(a)ofthe CAA to gather technical information 

### from industries involved in operations that lead to**cmis~ion** ofpollutants to the ambient air. This information has been used, among other things, to better characterize emitting facilities and to evaluate the need for and impacts of potential regulation.

(Pagel ofS)Federal Register I Vol. 

## So No. 35/Tlluriday, February

## .n- , 1991/Notice.s Pase 704Z (Continued) lnformatlon requests undc:r 

### scctitms 1'10 and ll4(a) ofthe CAA typically include questions on uncontrolled and controlled emission rates and c:miiJsion parameters ofthe pollutant or group of pollutants ofconcern. The respondents sometimes claim that its response constitutes trade secret information, and thus, should be treated as confidential. Claims ofconfidentiality may be made under section 114(c) ofthe CAA, which sll!.tes: "* • • upon a showing satisfactory to the · Administrato
. r by any person that records, reports, or infonnation. ora particularpart thereof, (other than emission data) to which the Administrc1tor has access under this section if made public, would divulge methods orprocesses entitled to protection as trade secrets ofsuch person, the Administrator shall

**consid~Crwch** • • • confidential in acc-ordance with the purposes ofsection

**l~S** oftitle 18 ofthe United States Code • • •." Ifthe Administrator so determines, the information is not discli>sabJe to the public. However, section 114(c) of

### the CAAprovides that inJonnation churned to be a trade

**~eeret** tmt which constitutes emission data may not be withheld as confidential. Although typically the EPA evaluates whetherinformation constitutes emission data on a case-by-case basis, it believes that somekinds ofdata will always constitute emission data within the meaning ofsection ll4(c). The purpose ofthis notice 1s to describe, without attempting to be comprehensive, that information which the EPA generally con$iders to be emission dnta, and which cannot qualifY as confidential under either section ll4(c) or section 110 (as set forth in40 CFR S1.321, S 1.322 and 51.323) oftbe CAA. TheEPA is issuing this notice lo clarify its policy and procedures, to facilitate the use ofthese data in automated data systems and computer-based sjmulation models, and to expedite prQcessing ofclaims for confidentiality or requests for disclosure, The EPA presently determines that data submitted to it as emission data does not qualify as confitl'ential ifit meets the fnllowing 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) emt:ssiatl d(Jta means, with reference to any source of emission orany substance into the air--- (A) Information necessary tQ determine tho identity, amount, frequency, concentntion, or othercharacteristics (to the extcnl related to air quality) ofanyemission whieh has been emitted by the source (or ofany pollut.llnt resulting from any emiss;ion by the source), or any combination ofthe foregoing: (B) Information necessary to determine the identity, amount, frequency, concentration, or othercharacteristics (to lhc extent related to air quality) ofthe emission whieh, under an applicable slandard orlimitation. the source was authorized to emit (including, to the exCent ·
(Page2 of5)Federal Register I V1»J. 56 No. 351 Tbunday, February 21, 19!)1/Notices Page 704l (Conthaued) necessary for such purposes, a description ofthe manner or rate ofoperation ofthe source), or any combination ofthe foregoing; (C) A general description oftho location ancL'ornature ofthe sourco to thec:xtcmt necessary to identify the source and to distinguish il fi'om oth
. er source$

**{in~luding,** to the extent necessary for such purpo$es, adescription ofthe device, installation, or operation constituting the 

### source). The table below lists the specific data fields which the EPApresently considen; to constitute emission data and provides a briefd.escr.iption ofwhateach data field describes. The

**de~criptions** are intended to provide general information. This list is not exhaustive and, therefore, other data might be found, in apropQr case, to constitute

**emis~ion** data. Emission Data Fields Facility Identification: The fQtlowing data fields are needed to establish the identity and location ofemission so. Un:eil, this shaH

**al~** include a descriplion oran identifier ofthe device, installation, or operation constituting the source. These d
. ata are used to locate sources for dispersion evaluation and exposure modeling. p.

Jant Name and reJnted point identifiers Address City County AQCR (Air Quality Control Region) MSA, PMSA. CMSA

**(M~tropolitan** Statistical Areas) State Zip Code Ownership and point ofcontact information Looational Identifiers: Latitude and Longitude, or UTM Grid Coordinates SIC (Standard Industrial Cla.ssificaeion) Emission point, device or operation description, infonnation SCC (Source Classification Codes) Emissions Parameters: The following data fields are needed to est<tbtisb the chuacieristics ofthe emissions- Thi5 infom1ation is needed for the analyses ofdispCTSion and potential control equipment (Page 3 ofS}Federal Register I Vol. 56 No. 351 Tllursday, February 21, 1'991/Notic:u Page

**7~l** (Cooduued) Emission type
- ( e
.g.•nature ofemil>l>ions such as C03),particulaLc: or a specific toxic compound, and origin ofemissions such as process vents, storago tanks orequipment leaks) Emission rate Eod ofPage 7042 Pa;e7043 (e
.g., the amount released to the atmosphere over time such as k.glyr or lbs/hr ) Release height (e.g
., height above ground level where the pollutant is emittedto the atmosphere)

**D~ription** ofterrain and surrounding structures (e.g., the size oithc area associated with adjacent structures in square: meters and terrain descriptions such as mountainous, urban, or Mal) Stackor vent dilunctcr at point ofemissions (e.g., the inside

**diamel~r** ofvent

**~t** the point of

**emi~on** to the atmosphere in meters) Relea&e velocity (e.g
.•velocity of release in m/sec) Release

**tempcratur~;** (e.g., tempcnture ofrelease at point ofrelease in degrees Kelvin) Frequency ofrelease (e
.g., how often a release occurs in events per year) Duration ofrelease (e.g,. the time associated with a release to the atmosphere) Concentration (e
.g., the amount ofan emission stream constituent relative to other stream coMtituents expret>sed as parts per million (ppm), volume percent, or weightpcn;ent) Density ofthe emissions stream or average molecular weigh! (e.g
., density expressed as fraction or multiple ofthe density ofair; molecular weight in wg·mole) Boiler

### or process design capacity (e.g
., the gross beating value offuel input to a boiler at its maximum design rate) Emission estimation method (e
.g., the method by which an emission estimate has been calculated such as material balance, source test, use ofAP-42 emission factors, etc.) Percent space heat (e.i., the percent offuel used for space heating) Hourly maximum design rate:
(Page 4 of5)**(~.g..** 

### tho g;r:eateat C)peratmg 

### rate 

### thatwould be

### expoetcd for asowco in a.I.-hourperiod) · TheBPAbas. determined that**tb~Mt¢~cmi~ion** dam,and**r,el~as~JbJe** \lPQn request. This tlet.onnination applies to datacurteoUy**bel~** by EPA as**~~** as to informiltion submitted to 

### EP:Am'tll•mturo. Future**reques~.tfurlntonnationundetsections** llOattd 114oftheCAA

### win indicate

### thatthese 

### ernioiO!l data 

### will not

### be held 

### confi.deutial. This detennination applies 

### only to**the(j~a** listed in the tabte. Determinations will continue to bemade on a**case"'bY-'Ca&e b~is**  for 

### dJ.ta not**sp~ifled** io 

### tlU$ jeneric derennination
. 

### A#«Ct)Jt$lderatiQpp(«Jnn:nen!s 9n tit{&**poli~Yt** JJ**r.evj~~ pDiicytd~ination**  maybe pub&hed. DJ!led: Februaty S. 1991. Miqhael.Shipiro, ActingA· ssiSiantAdministr.alQr fwAirandRaditrtwn.

(Page 5ofS)

# Enclosure 4: Summary ofContractor's Authority as Representative Ofthe EPAUNITED STATES ENVIRONMENTAL PROTECTION AGENCY RESEARCHTRJANGLEPARK. NC 27.711

OFFICE OF AIR QtiAIJTY PLANNING AIIO DESIGNATION OF AUTHORIZED REPRESENTATIVE STAIIDARDS FOR STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES (SECTION I 1 1), NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLLTANTS (SECTION 112).SOLJD WASTE COMBUSTION (SECTION 129), AND FEDERAL OZONE MEASURES (SECTION 183) UnderEPA contract EPD1200! EC/R, (prime contractor) Research Triangle Institute, Eastern Research Group, Inc., MACTEC, ICF International, SRA International, BCS Incorporated, Fn,:rgy Strategies, LLC, Alpha Gamma Technologies, Inc., Clark Allen, and Mary Jo Caldwell, (subcontractors) are hereby designated Authorized Representatives ofthe Administratorofthe United States Environmental Protection Agency for the purpose ofassisting in the development ofstandards ofperfonnance for new stationary sources under42 U.S.C. 7411, national emission standards for hazardous airpollutants under 42 U.S.C. 7412, solid waste combustion under 42 U.S.C. 7429. and Federal ozone measures under 42 U.S.C. 7511 (b). This 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: (1) shall have a rightofentry 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) (I) 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 operator ofsuch 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 trade secrets, as implemented by40 CFR 2.301 (h)(41 FR36912, September I, 1976). Date: 

### 12/20/J1**-·~··-·~OI-*aoollllll'floorc*od"-(4ml.-** Enclosure

### 4-

# Enclosure 5: Procedures for Safeguarding CBI Under the CAA1. Purpose 

### January 2002



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

## 7

This

### memorandum describes U.S. Envirorunental Protection

### Agency (EPA), Office of Air Quality 

### Plru:ming and Standards 

### (OAQPS) policy and procedures set forth for the handling of information claimed as Confidential Business

### Information (CBI), whether submitted voluntarily orobtained under Section 114 ofthe Clean Air Act (CM). and governed by EPA regulations in 40Code ofFederal Regulations (CFR), Part 2, SubpartB, and other EPA regulations and policies. 2. Reference Documents:

a. Clean AirAct, 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 summacy ofdata gathering and handling procedures used bythe OAQPS ofthe EPA. Nothing in this document shall be construed as supersedingor being in conflict with any applicable regulations, statutes, orpolicies to which EPA is subject. 4. Definition: 

### Confidential Business Information

- Information claimed by theproviderto be confidential. This information may be identified with such titles as trade secret, secret, administrative secret, company secret, secretproprietary, privileged, administrativeconfidential, company confidential, confidential proprietary, orproprietary. NOTE: These markings should not beconfused with the classification markings ofnational security information identified in Executive Order 11652.2

Section 114 (c) ofthe CAA, as amended, reads as follows: "Anyrecords, reports, orinfonnation 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, orinformation, orparticular part thereof(otherthan emission data), to which the Administrator has access under this section ifmade public, would divulge methods or processes entitled to protection as trade secrets ofsuch person, the Administrator shall consider such record, report, orinformation orparticularportion thereofconfidential in accordance with tlie purposes ofSection 1905 ofTitle 18 oftheUnited States Code, except that such record, report, orinformation may bedisclosed to other officers, employees, orauthorized representatives ofthe United States concernedwithcarrying out

### this Act 

### or when relevant 

### in any proceeding under this Act." The treatment ofCBI by EPA, including dataobtained under Section 114 oftheCAA, is· governedby 40CFR Part 2. These regulations require EPA offices to include a notice with each request for information to inform the business of: (I)itsright to 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. In addition, the regulations: (1) set forth procedures for the safeguarding ofconfidential information, (2) contain provisions for providing confidential infonnation to authorize representatives, (3) contain provisions for the release of information to the Congress, Comptroller General, otherFederal agencies, State and local governments, and Courts, (4) perntitthediselosure ofinformation withinEPA to employees with an official need for the

**information~** and (5) prohibit wrongful use ofsuch information and cite penalties for wrongful disclosure. Further, theregulations contain theAgency's basic rule concerning the treatment ofrequests for information under the Freedom ofInformation Act (FOIA) (5 U.S.C. 552). 6. Pt·ocedures:
a. Request for Infonnation. Each request for information made under theprovisions ofSection ll4(a) is signed by the Division Director. The request includes standard enclosure "EPA'sInformation 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 DocumentControl Ofticer (DCO) logs in the material and a permanent file is established

. Ifpart ofthe material isclaimed to be confidential, thatportion should bemarked "Subject to 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 detennine the validity ofthe confidentiality claim as prescribed bythe sections. If the information is clearlynot confidential, the Group Leaderprepares a letter fot 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

**acces~ing** the information (Attaclunent

- A) is also kept on filed. Byregulation, confidential infonnation mustbe so marked or designated by the originator. The EPA takes additional measures to ensure that the proprietary designation is unifonnly indicated and immediately observable. All unmarked orundesignated infonnation (except as noted below) maybe authorized for public release.

c. Storage ofCAACBI. Folders, documents, or material containing CAA CBI (as defined) shall be secured according to the instructions listed in the OAQPS Security Manual. In addition, the CBI storage area that has ' been identified specifically for that purpose 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 000, Document Control Assistant, and the minimum number 

### ofpersons required to effectively maintain 

### nonnal business operations as directed by the Director, Planning, Resources, and Regional Management Staff(PRRMS). Files may be issued upon confirmation that the requesting individual is authorized to receive the information. All confidential files must be returned no laterthan close ofbusiness on the same day. Theintended user must sign the CBI Control Record when checking out files
. Individuals signing out confidential
.files are responsible for their safekeep
. ing. Files must neverbe left unattended
. The information must not be disclosed to any non-authorized personnel. Storage proceduresfor CAA CBI by an authorized representative ofEPA (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 notation 

### is made inthe file•s control record and transfer log indicating what infonnation was transmitted, the date,.and the recipient. The av.thorized representative returns a signed receiptto theDCO. d. Access to CAA CBI. Only authorized EPA employeesmay open or distribute CAA CBI. Only employees who require, have a need to know, and are authorized access to CAA CBI in the perfonnance oftheir official duties are pennitted
.to review documents and, upon receiving a confidential document, must sign and date the form shown in Attachment A to certify their ac<;ess to the document
. The Group Leaderhavingprimary responsibility for the CAA CBI provides a memorandumto 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 the CAA CBI acces$ list. The CAA CBI access list indicates the "specific" CBI each person is permittedto 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, contractors may be granted access to CAA CBI. The foUowing 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 ofcarrying outthe workrequired, (b) must refrain from disclosing the information to anyone other than EPA without having received from EPA 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 theinformation is no longer required for the performance ofthe work. (2) The authorized contractor'<fesignated as a representative must obtain a written confidentiality agreement from each ofits employees who will have access to the information. A copy ofeach employee agreement (Attaclunent 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 ofCAA 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 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 CPR 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 prior to responding 

### to any request for information ifa claim ofconfidentiality has beenasserted or ifthere is reason to believe that a claim might be made ifthe business 

### 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 apartofthe 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, materials, orextracts ofinformation generated by EPA which contain CAA CBI mustbe stamped "Subject to Confidentiality Claim" and a cover sheet must be attached to identify the material as CBl.

### s

f. Handling

### · OfOtherInformation. Reports, memoranda, documents, etc., prepared by EPA orits authorized representatives are not nonnally circulated outside EPA for comment or reviewprior to publication except in such cases as described 

### in section 6 above. However, because industrial-data-gathering visits, plant inspections, 

### and source testing caninvolve inadvertent receipt ofCAACBI, it is the policy ofOAQPS to protect all
. partiesinvolved in the· following manner: (1) Priorto or atthe inception ofa plant inspection, data-gathering visit, or source test, EPA orits authorized representative discusses with a responsible industry official the information sought, how 

### itis to be used, and how 

### it is to beprotected. A copy ofthis sununary is usually provided 

### to the industry official being consulted. (2) Following an inspection, visit, ortest, a trip report is prepared to include, as practicable, all information 

### received byEPA or its authorized representative during the vjsit or test. Thereport 

### may beprepared by either EPA or its authorized representative. Thedraftreport is clearly identified with an attachedyellow cover $heet. A second copy ofthe draft trip report is

·forwarded byEPA to the responsibleindustry official for review. Theresponsible industry official is requested by cover letter to review the report, clearly mark any information considered to beconfidential, and return theedited copy to the responsible EPA employee within the time specified. The original draft is kept inthe CBI file until the edited copy isreturned by the business

### fmn. (3) Whenthe reviewed copy is returned to EPA, information designated confidential is placed inthe CBIfiles as described above. Theoriginal draft ofthe trip reportis edited to delete the confidential infonnation and the trip report is authorized for release. Attachments (2)



# ..

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

### CAA CONFIDENTIAL BUS'JNESS INFORMATION CONTROL RECORD DATE RECEIVED: RESPONSIBLE GROUP: f CONTROL NUMBER:
DATE OF DOCUMENT: DOCUMENT AUTHOR:
DESCRIPTION (PROVIDING ORGANIZATION, TITLE, SUBJECT, NUMBER OF COPIES, NUMBER OF PAGES)

RETURN DATE: 

# IDESTRUCTION DATE: 'INITIALS: EACH PERSON WHO IS GIVEN ACCESS TO THIS DOCUMENT MUST FILL IN THE INFORMATION BELOW. 

### CHECK

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

CAA Fonn 1 (Rev. 01102)

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

### I. AUTHORIZATIONFORACCESS TOCAA CBI FORFEDERAL EMPLOYEES FULL NAME POSITION SSN OFFICE Itis the responsibility ofeach Authorizing Official• to ensure that the employees under his/her supervision who require access to CAA CBI: 1. Sign the Confidentiality Agreement for Federal Employees 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 OFFICIAU' TELEPHONE NO. DATE
TITLE LOCATION II. CONFIDENTIALITY AGREEMENT FOR FEDERAL EMPLOYEES runderstand that, in accordance with my official duties, I will h1we ac:cess to certain Confidential Business Information submitted under the Clean AirAct (CAA) (42 U.S.C. 74

. 01 et seq.) Iunderstand 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 imprisonment for up to one year, 1fT willfully discloseCAA ConfidentiaJ Business Information to any person not authorized to receive it.

**Additionally,~** understand that, I may be subjectto 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. toO I ifI have made any statement of material facts knowing that such statement is faise or ifI willfully conceal any material fact. I agree that, upon the tennination ofmy duties, transfer or departure from the Environmental .Protection Agency, I will return all materials containing CAA Confidential Business Information in my possession to the OAQPS CBI Office
. Icertify th11t I have read and understand these procedures and those outUned in the CAA CBI Security Manual.
SIGNATURE TELEPHONE NO. DATE III.THE UNDERSIGNED CERTIFIES THEALLTRAINING AND TEST REQUffiEMENTS HAVE BEENMET BY THE EMPLOYEE.
SIGNATURE CBI MANAGERJDCO TELEPHONE NO. DATE IV. ANNUAL RE-CERTIFICATION: I certifY that, in C{)njunction 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 CBI Security Manual.
Date Date Date Date Date Date Initial Initial Initial lnitiul Initial Initial Date Date Date Date Date Date Initial Initial Jnital Initial Initial Initial



## ... . 

## . . CAA CBI From 2 (Rev. 0l/02) • Must be DIVISIOn Director (or equiValent) or above
. A-I