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OAR Box 1500 

Prepped by Ollie Stewart 

Document Number: 

2DII-C-47 

Docket Number: 

A-94-52 

Printed 8/5/2008 1:51:27 PM Sheet 21 of 343 
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O PACIFIC ENVIRONMENTAL SERVICES, INC. 

<V_-94-522 

Central Park West' / 

5001 South Miami Boulevard 

PO Box 12077 

Research Triangle Park, NC 27709-2077 

(919) 941 -0333 FAX (919) 941 -0234 

September 26, 1996 

Mr. Robert Leitzman 

Cytec Industries 

12600 Ackel Road 

Perrysburg, OH 34551 

Dear Mr. Leitznmn: 

Per our discussion yesterday, I am faxing you the pertinent pages on the treatment of 

confidential information from our contract (68D10116) with the U.S. Environmental 

Protection Agency and the latest Designation of Authorized Representative fonn, which also 

addresses our requirements with regwd to the treatment of confidently information under this 

contract. Please let me know if you need any additional information. 

Sincerely, 

PACIFIC ENVIRONMENTAL SERVICES, INC. 

^4vA4^U<^i^^ 

Kenneth R. Meardon 

Attachments 

cc: PES Correspondence File 

WASHINGTON. D.C. • RESEARCH TRIANGLE PARK. NC • LOS ANGELES. CA • CINCINNATI. OH 
P.3 

I KMT - a UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

ySyt y Research Triangle Park. NC 27711 

-4,, •<? 

<< PRO^V 

SEP ? j 1391 

OFFICE OF Reply to: MD-33/CSallby ADMINISTRATION c J ' J AND RESOURCES 

MANAGEMENT 

Mr. Terrence Li Puma 

Pacific Environmental Services, Inc. 

560 Herndon Parkway, Suite 200 

Herndon, VA 22070 

Subject: Contract No. 68D10116 

Dear Mr. Li Puma: 

Transmitted herewith is a fully executed copy of the subject 

contract. Please review the contract terms and note those areas 

that require prior approvals. Requests for approvals should be 

submitted in three copies with the original to the Contracting 

Officer and two copies to the Project Officer. 

It is requested that the problems and questions concerning 

technical matters within the scope of the contract be taken up with 

the Project Officer. All other problems and questions concerning 

the performance of the contract, except property, should be taken up 

with the Contract Administrator, or, in his absence, the Contracting 

Officer. Government property administration matters should be taken 

up with the Property Administrator. 

Please acknowledge receipt of this document on a copy of this 

letter and return it to this office. The letter should include the 

name and telephone number of the individual of your company assigned 

administrative responsibilities of this contract. 

Sincerely yours, 

M-Qw. L. Caviness 

Contracting Officer 

Enclosure 

7-
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Page 26 

68D10116 Section H 

requirement if the administrative burden of seeking an exemption 

appears to outweigh the potential savings to the Government. 

H.9 SCREENING BUSINESS INFORMATION FOR CLAIMS OF 

CONFIDENTIALITY 

(EPAAR 1552.235-70) (APR 1984) 

(a) Whenever collecting information under this contract, the 

Contractor agrees to comply with the following requirements: 

(1) If the Contractor collects information from public sources, 

such as books, reports, journals, periodicals, public records, or 

other sources that are available to the public without restriction, 

the Contractor shall submit a list of these sources to the 

appropriate program office at the time the information is initially 

submitted to EPA. The Contractor shall identify the information 

according to source. 

(2) If the Contractor collects Information from a State or local 

Government or from a Federal agency, the Contractor shall submit a 

list of these sources to the appropriate program office at the time 

the information is initially submitted to EPA. The Contractor shall 

Identify the Information according to source. 

(3) If the Contractor collects information dlreotly from a 

business or from a source that represents a business or businesses, 

such as a trade association: 

Ci) Before asking for the information, the Contractor shall 

identify itself, explain that it is performing contractual work for 

the Environmental Protection Agency, identify the information that 

it is seeking to collect, explain what will be done with the 

information, and give the following notice: 

(A) You may, if you desire, assert a business confidentiality 

claim covering part or all of the information. If you do assert a 

claim, the Information will be disclosed by EPA only to the extent, 

and by means of the procedures, set forth in 40 CFR Part 2, Subpart 

B. 

(B) If no such claim is made at the time this information is 

received by the Contractor, it may be made available to the public 

by the Environmental Protection Agency without further notioe to 

you. 

(C) The Contractor shall, in accordance with FAR Part 9, execute a 

written agreement regarding the limitations of the use of this 

information and forward a copy of the agreement to the Contracting 

Officer. 

(ii) Upon receiving the information, the Contractor shall make a 

written notation that the notice set out above was given to the 

source, by whom, ln what form, and on what date. 

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Page 27 

68D10116 Section H 

(iil) At the time the Contractor initially submits the Information 

to the appropriate program office, the Contractor shall submit a 

list of these sources, identify the Information according to source 

and indicate whether the source made any confidentiality claim and 

the nature and extent of the claim. 

(b) The Contractor shall keep all information oolleoted from 

nonpublic sources confidential ln accordance with the olause in this 

contract entitled "Treatment of Confidential Business Information" 

as if it had been furnished to the Contractor by EPA. 

(0) The Contractor agrees to obtain the written oonsent of the 

Contracting Officer, after a written determination by the 

appropriate program office, prior to entering into any subcontract 

that will require the subcontractor to collect information. The 

Contractor agrees to include this clause, including this paragraph 

(o), and the clause entitled "Treatment of Confidential Business 

Information" in all subcontracts awarded pursuant to this oontraot 

that require the subcontractor collect information. 

H.10 TREATMENT OF CONFIDENTIAL BUSINESS 

INFORMATION (EPAAR 1552.235-71) (APR 1984) 

(a) The Contracting Officer, after a written determination by the 

appropriate program office, may disclose confidential business 

Information to the Contractor neoessary to carry out the work 

required under this contract. The Contractor agrees to use the 

confidential information only under the following conditions: 

(1) The Contractor and Contractor's Employees shall: (1) use the 

confidential information only for the purposes of carrying out the 

work required by the contract: (11) not disclose the Information to 

anyone other than EPA employees without the prior written approval 

of the Assistant General Counsel for Contracts and Information Law; 

and (iii) return to the Contracting Officer all copies of the 

information, and any abstracts or excerpts therefrom, upon request 

by the Contracting Officer, whenever the Information is no longer 

required by the Contractor for the performance of the work required 

by the contract, or upon completion of the contract. 

(2) The Contractor shall obtain a written agreement to honor the 

above limitations from each of the Contractor's employees who will 

have access to the information before the employee is allowed 

access. 

(3) The Contractor agrees that these contract conditions 

concerning the use and disclosure of confidential information are 

Included for the benefit of, and shall be enforceable by, both EPA 

and any affected business having a proprietary interest ln the 

information. 

(4) The Contractor shall not use any confidential information 

supplied by EPA or obtained during performance hereunder to compete 

with any business to which the confidential information relates. 

A 
P.6 

. ^£0Sr ' v, 

isss 

\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

o RESEARCH TRIANGLE PARK. NC 27711 

/ 

''-w^' SEP 2 A I996 OFFICE OF 

AIH QUALITY PLANNING 

AND STANDARDS 

DESIGNATION OF AUTHORIZED REPRESENTATIVE 

FOR STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES 

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

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 

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

Under contract 68D10116, Pacific Environmental Services 

(PES) 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 

national emission standards for hazardous air pollutants under 42 

U.S.C. 7412, standards of performance under 42 U.S.C. 7411, and 

Federal ozone measures under 42 U.S.C. 7511 (b). 

This designation is made pursuant to the Clean Air Act, 

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

presentation of this credential, the Authorized 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 sample any emissions 

that the owner or operator of such source is required to sample. 

Authorized Representatives of the Administrator are 

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

confidentiality of methods or processes entitled to protection as 

trade secrets, as implemented by 40 CFR 2.301 (h) (41 FR 36912, 

September 1, 1976) . 

Date; 

Designation Expires: December 31, 1996 

S. Seitz 

Director 

Office of Air Quality Planning 

and Standards 

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Page 28 

68D10116 Section H 

(b) The Contractor agrees to obtain the written consent of the 

Contracting Officer, after a written determination by the 

appropriate program office, prior to entering into any subcontract 

that will involve the disclosure of confidential business 

information by the Contractor to the subcontractor. The Contractor 

agrees to include this clause, including this paragraph (b), in all 

subcontracts awarded, pursuant to this contract, that require the 

furnishing of confidential business information to the 

subcontractor. 

H.ll CONTRACT PUBLICATION REVIEW PROCEDURES 

(EPAAR 1552.237-70) (APR 1984) 

(a) Material generated under this contract intended for release to 

the public is subject to the Agency's publication review process in 

accordance with the EPA Order on this subject and the following. 

(b) Except as indicated in paragraph (c) below, the Contractor 

shall not independently publish or print material generated under 

this contract until after completion of the EPA review process. The 

Project Officer will notify the Contractor of review completion 

within 120 calendar days after the Contractor's transmittal to the 

Project Officer of material generated under this contract. If the 

Contractor does not receive Project Officer notification within this 

period, the Contractor shall immediately notify the Contracting 

Officer ln writing. 

(c) The Contractor may publish, ln a scientific Journal, material 

resulting directly or indireotly from work performed under this 

contract, subject to the following: 

(1) The Contractor shall submit to the Contracting Officer and the 

Project Officer, at least 30 days prior to publication, a copy of 

any paper, article, or other dissemination of Information intended 

for publication. 

(2) The Contractor shall include the following statement ln a 

journal article which has not been subjected to EPA review: 

"Although the research described in this article has been funded 

wholly or in part by the Environmental Protection Agency contract 

(number) to (Name of Contractor), it has not been subject to the 

Agency's review and therefore does not necessarily reflect the views 

of the Agency, and no official endorsement should be inferred." 

(3) Following publication of the journal artlole, the Contractor 

shall submit five copies of the Journal artlole to the Projeot 

Officer, and one copy to the Contracting Officer. 

(d) If the Government has completed the review process and agreed 

that the contract material may be attributed to EPA, the Contractor 

shall Include the following statement in the document: 

This material has been funded wholly or in part by