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OAR Box 1672 

Prepped by Charmelle Mathews 

Document Number: 

fl/j&) N-C-4 

Docket Number: 

A-98-13 

Printed 9/30/2008 11:01:00 AM Sheet 33 of 132 
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11-C-4 

*«osr<>i*. 

w UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

f ^1^ 7 1 Office of Air Quality Planning and Standards 

\ ^\(J- 2 Research Triangle Park, North Carolina 27711 

s 

DEC 0 4 1997 

Mr. George Bress 

Compliance Manager 

International-Matex Tank Terminals Bayonne 

Post Office Box 67 

Bayonne, New Jersey 07002 

Dear Mr. Bress: 

This letter is to request a site visit by Mr. Steve Shedd of 

the U.S. Environmental Protection Agency (EPA) and Mr. Greg 

LaFlam and Mr. Jay Helms of Pacific Environmental Services, Inc. 

(PES) to the International-Matex Tank Terminals Bayonne facility 

in Bayonne, New Jersey. Mr. Helms of PES discussed this visit 

with you on November 21, 1997. We anticipate visiting the 

terminal at 8:00 a.m. on Thursday, December 18, 1997. Mr. Helms 

or Mr. LaFlam will contact you in the near future to confirm this 

date and time. 

As you are aware, the EPA is developing National Emission 

Standards for Hazardous Air Pollutants (NESHAP) for organic 

liquids distribution (non-gasoline) facilities. The main 

emission sources of interest are as follows: 1) storage tanks; 

2) loading and unloading operations; 3) equipment leaks; and 4) 

waste and wastewater treatment and disposal operations. To 

assist in the development of this NESHAP, the EPA is collecting 

information on emissions of hazardous air pollutants (HAPs) from 

these emission sources and on the types of emission controls used 

on each of the sources. 

During the visit to your facility, we wish to: 1) discuss 

the facility and emission control operations; and 2) observe the 

storage tanks, wastewater systems, organic liquid transfer 

operations, and any associated emission control and emission 

monitoring equipment. Enclosure 1 identifies the type of 

information that we would like to obtain during our visit, and 

also contains a listing of the materials considered to be HAPs by 

the EPA. Feel free to provide any additional information that 

you believe is critical to our understanding of these processes, 

their HAP emissions, or the emission controls. Collection and 
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organization of the information identified in Enclosure 1 prior 

to our visit will greatly facilitate information exchange during 

the visit. 

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 the information we request 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 accompanies the 

information when it is received by the EPA, it may be made 

available to the public by the EPA without further notice (40 CFR 

Part 2.203, September 1976). Because Section 114(c) of the Clean 

Air Act exempts emission data from claims of confidentiality, the 

emission data you provide may be made available to the public. A 

clarification of what the EPA considers to be emission data is 

contained in Enclosure 3. 

As noted in Enclosure 4, the EPA has designated PES as an 

authorized representative of the Agency. Therefore, PES has the 

rights discussed above and in Enclosure 4. As an authorized 

representative of the EPA, PES is subject to the provisions of 42 

U.S.C. 7414(c) respecting confidentiality of methods or processes 

entitled to protection as trade secrets. The PES contract with 

the EPA is No. 68-D60013. 

Enclosure 5 summarizes the EPA 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 compliance by an authorized 

representative with the requirements detailed in Enclosure 5 

provides sufficient protection of the rights of those submitting 

privileged information. 

The following policies concerning liability should also be 

of interest to you: 

1. If a Federal employee is injured in the course of his 

employment, he has compensation coverage from the Government 

under the Federal Employees Compensation Act (5 U.S.C 8108 et 

seq.) ,- and 

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organization of the information identified in Enclosure 1 prior 

to our visit will greatly facilitate information exchange during 

the visit. 

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 the information we request 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 accompanies the 

information when it is received by the EPA, it may be made 

available to the public by the EPA without further notice (40 CFR 

Part 2.203, September 1976). Because Section 114(c) of the Clean 

Air Act exempts emission data from claims of confidentiality, the 

emission data you provide may be made available to the public. A 

clarification of what the EPA considers to be emission data is 

contained in Enclosure 3. 

As noted in Enclosure 4, the EPA has designated PES as an 

authorized representative of the Agency. Therefore, PES has the 

rights discussed above and in Enclosure 4. As an authorized 

representative of the EPA, PES is subject to the provisions of 42 

U.S.C. 7414(c) respecting confidentiality of methods or processes 

entitled to protection as trade secrets. The PES contract with 

the EPA is No. 68-D60013. 

Enclosure 5 summarizes the EPA 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 compliance by an authorized 

representative with the requirements detailed in Enclosure 5 

provides sufficient protection of the rights of those submitting 

privileged information. 

The following policies concerning liability should also be 

of interest to you: 

1. If a Federal employee is injured in the course of his 

employment, he has compensation coverage from the Government 

under the Federal Employees Compensation Act (5 U.S.C 8108 et 

seq.); and 

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2. If, due to the employee's negligence, property damage or 

personal injury to third parties occurs, the Federal Tort Claim 

Act (28 U.S.C. 1346) provides a means of fixing any liability 

upon the Federal Government. 

The Office of General Counsel has informed the Agency that a 

firm may not condition the EPA's "right of entry" upon consent to 

a waiver of liability and has instructed employees not to sign 

such waivers. If you have any questions regarding this refusal, 

please contact Mr. Donnell L. Nantkes, Office of General Counsel, 

at (202) 260-4556. 

Thank you for your cooperation. If you have any questions, 

please contact Mr. Steve Shedd of my staff at (919) 541-5397, or 

Mr. Greg LaFlam of PES at (919) 941-0333. 

Sincerely, 

'Kent C. Hustvedt, LeaderWaste and Chemical Processes Group 

Emission Standards Division 

5 Enclosures 

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Docket No. A-fy/j 

Subcategory II- C 

The enclosures with this document are identical to the enclosures with docket item II- C " 3 

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