UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 4 

ATLANTAFEDERALCENTER 

61 FORSYTH STREET 

ATLANTA, GEORGIA 30303-8960 

MAY O 3 2012 

UNITED PARCEL SERVICE 

EMAIL RECEIPT REQUESTED 

G. Dwain Waters 

Gulf Power Company 

Lansing Smith Generating Plant - Environmental Affairs 

One Energy Place 

Pensacola, Florida 32520-0328 

Dear Mr. Waters: 

The purpose of this letter is to request information to allow for the development of a federal 

implementation plan PIP) to address regional haze requirements related to best available retrofit 

technology (BART) and reasonable progress (RP) regarding electrical generating units (EGUs) in 

Florida. Section 114(a) of the Clean Air Act (CAA or Act), 42 U.S.C $7414(a), authorizes the 

Administrator of the U.S. Environmental Protection Agency to require any person who owns or operates 

an emission source, whom the Administrator believes may have information necessary for the purposes 

of section 1 14(a), or who is subject to any requirement of the CAA, to provide such information as the 

Administrator may reasonably require for the purpose of carrying out any provision of the Act. This 

authority has been duly delegated to the Director of the Air, Pesticides, and Toxics Management 

Division, Region 4. 

Specifically, the EPA is requiring Gulf Power Company to submit certain information about units 1 and 

2 at the Lansing Smith Generating Plant that is necessary to allow for the development of a FIP to 

satisfy BART and RP requirements in support of the regional haze requirements for the State of Florida. 

As a result of a finding of failure to submit determination that the EPA made on January 9,2009, for 

Florida's regional haze state implementation plan (SIP) revision, the EPA was required to implement a 

FIP for Florida to satisfy the regional haze requirements (including those related to BART and RP) or 

approve a SIP revision addressing these requirements by January 15,201 1. On March 19,2010, as 

amended August 3 1,201 0, the Florida Department of Environmental Protection (FDEP) submitted a 

revision to Florida's SIP to address regional haze in Class I areas as required by the EPA's regional haze 

regulations located at 40 CFR Part 5 1, Subpart P, also known as the Regional Haze Rule (RHR). This 

submittal identified the above EGUs owned or operated by your company as being subject to BART or 

RP requirements. 

In its submittal, the State relied on the Clean Air Interstate Rule (CAIR) to meet the BART and RP 

requirements for sulfur dioxide (SO2) and nitrogen oxides (NOx) for EGUs. However, on August 8, 

201 1, the EPA published the Cross State Air Pollution Rule (CSAPR) which replaced CAIR and only 

covers NOx emissions in Florida. As a result of the replacement of CAIR with CSAPR, the State can no 

longer rely on CAR to meet the BART and RP requirements for NOx and SO2. On December 30,201 1, 

Internet Address (URL) http://www.epa.gov 

RecycledlRecyclable .Printed with Vegetable On Based Inks on Recyded Paper (Mlnimum 30% Postconsumer) 
the EPA proposed its determination that CSAPR will satisfy BART requirements for SO2 and NOx for 

EGUs in each CSAPR subject state where those pollutants are covered by CSAPR. For these reasons, 

FDEP has initiated an effort to reassess BART and RP requirements for SOz and particulate matter for 

some of the affected facilities. As mentioned above, the EPA is currently obligated to implement a FIP 

for Florida to meet the regional haze requirements. Where the State has provided the EPA with a SIP 

revision that sufficiently addresses the requirements, the EPA may have the opportunity to approve 

Florida's SIP in lieu of implementing a FIP. In this particular case, the EPA has a SIP revision from 

Florida which meets some of the regional haze requirements but does not sufficiently meet other 

requirements. FDEP identified Lansing Smith Generating Plant's EGUs as among those for which 

insufficient information exists for the State to prepare the necessary BART and RP analyses. 

The CAA and RHR identify the factors that the EPA must consider in evaluating BART and RP for 

individual sources. The BART analysis will be used to identify the best system of continuous emissions 

control technology taking into account the available retrofit control options, the costs of compliance, the 

energy and non-air quality impacts of compliance, any pollution control equipment in use at the source, 

the remaining useful life of the source, and the degree of improvement in visibility which may 

reasonably be anticipated to result fiom the use of the technology. At a minimum, the RP analysis must 

consider the costs of compliance, time necessary for compliance, the energy and non-air quality impacts 

of compliance, and the remaining usefbl life of the source. Enclosure C summarizes the analyhc 

approach delineated in Appendix Y of 40 CFR Part 5 1 for evaluating BART. 

Therefore, pursuant to section 114(a), Gulf Power Company is directed to provide the information 

identified in Enclosure A for the Lansing Smith Generating Plant within thirty (30) days of receipt of 

this letter. The EPA, for good cause shown, may extend the deadline for responding to the request. The 

responses must be delivered to the EPA or postmarked no later than the above deadline. Send one 

complete copy of your response, including supporting documentation, to the following address: 

Lynorae Benjamin 

Chief, Regulatory Development Section 

U.S. EPA, Region 4 

Atlanta Federal Center 

61 Forsyth Street, S.W. 

Atlanta, Georgia 30303 

You are entitled to assert a claim of business confidentiality covering all or part of any required 

information, except emission data, in the manner described at 40 CFR $2.203(b). Information subject to 

a claim of business confidentiality will be made available to the public only in accordance with the 

procedures set forth at 40 CFR Part 2, Subpart B. Unless a confidentiality claim is asserted at the time 

that the required information is provided, the EPA may make this information available to the public 

without further notice to you. Notwithstanding the above, the information you provide may be used by 

the EPA in administrative, civil, and criminal proceedings. 

Gulf Power Company must submit all requested information for the Lansing Smith Generating Plant 

under an authorized signature. An individual with sufficient knowledge and authority must certify on 

behalf of Gulf Power Company that all information that the Company submits in response to this request 

is true, correct, accurate, and complete, as follows: 
I certify that I have examined and am familiar with the information in the enclosed 

documents, including all attachments. Based on my inquiry of those individuals with 

primary responsibility for obtaining the information, I certify that the statements and 

information are, to the best of my knowledge and belief, true and complete. 

Failure to provide the requested information is a violation of section 1 14 of the CAA and could result in 

an enforcement action for the recovery of civil penalties not to exceed $37,500 per day, per violation, for 

injunctive relief, or both. Section 1 13,42 U.S.C. $7413, of the CAA gives the EPA the authority to seek 

criminal penalties from any person who knowingly makes any false statement, representation, or 

certification in any report required under the CAA. 

This required submittal of information is not subject to the provisions of the Paperwork Reduction Act 

of 1980,44 U.S.C. Chapter 35. 

If you have any questions, you may consult with the EPA prior to the due date for your response. 

Questions should be directed to Lynorae Benjamin at (404) 562-9040 or by email at 

beniamin.lvnorae@,epa.nov. Thank you for your cooperation in this matter. 

Sincerely, 

Beverly H. Banister u 

Director 

Air, Pesticides, and Toxics 

Management Division 

Enclosures 

cc: Jeff Littlejohn, FDEP 

Brian Accardo, FDEP 

Chad Stevens (w/enclosures), FDEP 

Enclosure A 

Provide the following information for the Gulf Power Company - Lansing Smith Generating Plant using 

the instructions and definitions supplied in Enclosure B. Unless otherwise directed, provide the 

requested information for the time period fiom January 2002 to the date of this request: 

1. For each oil or coal-fired generating unit identified submit: 

a. the emission unit identification number; 

b. the date or year commercial operation began; 

c. the Contract Data Sheet for each boiler; 

d. all data contained on the original nameplates for each boiler, each turbine and each 

generator (a legible photograph of each nameplate would suffice if available); 

e. all data contained on the current nameplates for each boiler, each turbine and each 

generator if the nameplates are not original to the equipment or if any information on the 

nameplates has been changed from the original information (a legible photograph of each 

nameplate would suffice if available); 

f. the original design and current maximum generating capacity (Megawatts gross and 

Megawatts net); 

g. the original design and current maximum heat input capacity (million British thermal 

units per hour ); 

h. the original design and current maximum steam flow output capacity (pounds of steam 

per hour); 

i. the original design and current maximum exhaust gas output (actual cubic feet per 

minute, standard cubic feet per minute and dry standard cubic feet per minute); 

j. the current operating status of each unit and the applicable date or year for any retired or 

inactive unit; 

k. scheduled or planned boiler retirement dates; 

1. current fuel(s) being fired; 

m. type of particulate emissions control and year installed; 

n. type of sulfur dioxide emissions control and year installed; and 

o. any anticipated emission controls and estimated dates of installation. 

For each currently active oil or coal-fired generating unit identified, provide the following on a 

monthly and annual basis. If the unit is capable of firing multiple fuels, provide the information 

requested by questions c. - f. for each type of fuel used. To the extent available, please provide 

in computer readable format, such as a Microsoft Excel spreadsheet or other generally accessible 

computer readable format: 

a. total gross and net generation (Megawatt-hours); 

b. average heat rate (British thermal units per hour or kilowatts per hour); 

c. fuel usage (i.e., tons, gallons, etc.); 

d. average heat content (i.e., British Thermal units per pound, British thermal units per 

gallon, etc.); 

e. average fuel sulfur content; 

f. average fuel percent ash; 

g. total hours under load; and 

h. the peak hourly generation (Megawatts gross) actually achieved during each month. 
Provide all raw (instantaneous) data collected fiom January 2002 to present fiom continuous 

emissions monitoring devices for each identified oil or coal-fired unit, including, but not limited 

to, opacity, sulfur dioxide, carbon dioxide, and oxygen monitoring data. Please provide all data 

associated with this request in computer readable format, such as a Microsoft Access database or 

other generally accessible computer readable format. 

Provide all calculated averages of emissions data collected January 2002 to present fiom 

continuous emissions monitoring devices for each identified oil or coal-fired unit, including, but 

not limited to, averages of opacity, sulfur dioxide (SO2), carbon dioxide, and oxygen emissions 

data calculated for the purposes of demonstrating compliance with an emission standard andfor 

reporting. 

Provide copies of the summary results of all stack tests (including those tests that were 

completed with three or more runs and those tests that were incomplete) for particulate matter 

(including PM, PMlo and PM2.5), S@, and sulfuric acid mist (S03M2S04) for all identified oil or 

coal-fired generating units. 

Provide copies of all prevention of significant deterioration (PSD) and nonattainment new source 

review (NNSR) permits received and permit applications submitted since January 2002. 

Provide copies of all documents, including, but not limited to, reports, correspondence, 

memoranda, and phone discussion summaries related to best available retrofit technology 

(BART), reasonable progress (RP), PSD, NNSR, and New Source Performance Standards for 

any projects assessed for the identified units. 

Provide copies of all reported generating capability and oil and coal usage and quality for each 

identified unit, reported to any federal (e.g., United States Department of Energy), state, or local 

governmental body. 

Provide copies of all studies, evaluations, assessments, and reports related to evaluating BART 

or RP, including electronic copies of all air modeling files. 

Provide copies of all documents, for any of the identified generating units that contain any of the 

following information related to available control technologies: cost and cost effectiveness, 

energy or other non-air quality impacts, and modeled visibility impacts. These control 

technologies include new control equipment, upgrades to existing controls, changes in fuel sulfur 

content, or other emission control strategies for particulate matter (including PM, PMlo and 

PM2.5), S@, and SOdH2So4. 

Provide all engineering analyses, studies, reports, and other documents related to the 

consideration of andlor planned installation of air pollution controls, including but not limited to, 

projected installation timeframes, capital expenditures, operation and maintenance cost 

estimates, cost-effectiveness analyses, expected removal efficiencies, and outlet emission rates. 

Provide all documents that discuss the application of current and potential future regulatory 

requirements that may apply to each identified unit, including but not limited to, BART, Clean 

Air Mercury Rule, Clean Air Interstate Rule, Cross State Air Pollution Rule, and State 
Implementation Plan and how the company plans to comply with such requirements, including 

but not limited to, projected emission control installations and expected dates for the installation 

of control equipment for each unit. 

13. Provide current projected retirement dates for all units. Provide copies of all documents 

discussing planned, proposed, or projected retirement dates for all units. 

14. Provide the information specified in Enclosure D which is needed for the EPA to conduct a 

modeling analysis to evaluate visibility impacts. 

15. Provide the name and address of the person who should receive official correspondence on 

behalf of the company concerning this matter. 

Enclosure B 

Use the following instructions and definitions when providing the information requested in Enclosure A. 

INSTRUCTIONS 

Provide a separate response to each question and subpart of each question set forth in Enclosure 

A. 

Precede each answer with the number of the question to which it corresponds and at the end of 

each answer identify the person(s) that provided information that was used or considered in 

responding to that question, as well as each person that was consulted in the preparation of that 

response. 

Indicate on each document produced in response to each question, or in some other reasonable 

manner, the number of the question to which it corresponds. 

When a response is provided in the form of a number, specify the units of measure of the number 

in a precise manner. 

Where documents or information necessary for a response are neither in your possession nor 

available to you, indicate in your response why such documents or information is not available or 

in your possession and identify any source that either possesses or is likely to possess such 

information. 

Whenever possible, provide narratives responses or scanned documents in electronic, word 

searchable (PDF) format and all data associated with this request in computer readable format, 

such as a Microsoft Access database or other generally accessible computer readable format. 

DEFINITIONS 

All terms used in this information request have their ordinary meaning unless such terms are defined in 

the CAA, 42 U.S.C. &j 7401 a. seq., 40 C.F.R. Part 52 (which incorporates the Federally-approved 

State Implementation Plan), or other CAA implementing regulations. You should apply the applicable 

Federally-approved state provisions when appropriate. Definitional clarification is specified below. 

1. The term "capital expenditure," means a monetary expenditure on depreciable equipment, 

including any costs to design, engineer, transport, and install said equipment. 

2. The terms "document" and "documents" shall mean any object that records, stores, or presents 

information, and includes writings, memoranda, records, or information of any kind, formal or 

informal, whether wholly or partially handwritten or typed, whether in computer format, 

memory, or storage device, or in hardcopy, including any form or format of these. If in computer 

format or memory, each such document shall be provided in translation to a form useable and 

readable by the EPA, with all necessary documentation and support. All documents in hard copy 

should also include attachments to or enclosures with any document. 
3. The term "present" shall mean the date this request was received. 

4. The terms "relate to" (or any form thereof) shall mean constituting, reflecting, representing, 

supporting, contradicting, referring to, stating, describing, recording, noting, embodying, 

containing, mentioning, studying, analyzing, discussing, evaluating or relevant to. 

5. The term "currently active," as it applies to an oil or coal-fired generating unit, shall mean any 

unit that has been permanently retired and reported as such to the US. Department of 

Energy. 

6. 'You" and "Your" means Gulf Power Company, including but not limited to its predecessors, 

successors, subsidiaries, parent companies, affiliates, d/b/a, divisions, branches, distributors, 

offices, franchises, facilities, committees, trusts, partnerships, and joint ventures in which it has 

any interest; all entities for which it is acting as an agent or contractor; and its past or present 

officers, directors, trustees, managers, employees, agents, consultants, contractors, attorneys, 

representatives, and any other persons acting on its behalf. 
Enclosure C 

Outline of Guidelines for Best Available Retrofit Technology (BART) Determinations under the 

Regional Haze Rule 

1. Identify all available retrofit control technologies and options. 

a. Develop a comprehensive list of all commercially-available retrofit technologies 

including technology transfer of controls that have been applied to similar sources and 

gas streams. 

b. Consider control options that provide improvements to existing controls rather than 

limiting the control options only to those measures that involve a complete replacement 

of control devices. 

2. Eliminate technically-infeasible control technologies considering that 

a. A technically-infeasible control is one that is not commercially available, or 

b. A technology may or may not be applicable to a particular emission unit. 

3. Evaluate the emission performance (control effectiveness) for each technically-feasible 

control technology for Sulfur Dioxide (SOz) and Particulate Matter. 

a. Analysis should include evaluation of upgrading any existing controls. 

4. Conduct an Impact Analysis identifying and discussing: 

a. The cost of compliance with control options including: 

i. Estimated capital and annual costs, and . . 

11. Average and incremental cost effectiveness (for detailed explanation on costs, 

see EPA Air Pollution Control Cost Manual at 

http://www.epa.gov/ttn/catc/dirl/c-allchs.pdf) 

b. The remaining useful life of the facility 

c. Energy Impacts 

d. Non-air quality environmental impacts, including the identification and quantification 

of the solid, liquid, and gaseous discharges fiom the control device or devices under 

review. 

5. Evaluate visibility improvements. 

a. Prepare and submit a source-specific modeling protocol for review and approval prior 

to performing visibility impact modeling. The Visibility Improvement State and Tribal 

Association of the Southeast (VISTAS) BART Modeling protocol1 provides guidance 

on the procedures that should be used. The site-specific protocol should explain the 

data sources, model configuration, and rationale for any changes fiom the VISTAS 

BART modeling protocol. The following changes fiom the VISTAS BART Modeling 

Protocol should be made. 

i. The current regulatory version of the CALPUFF~ modeling system as specified 

on EPA's SCRAM website3 should be used. 

' http://www.vistas-sesarm.org/BARTMSTASBARTModelingProtocol~Da222005.pdf 

Note that EPA's reference to CAI;PUFF encompasses the entire CALPUFF modeling system, which includes the 

CALMET, CALPUFF, and CALPOST models and other pre and post processors. The diierent versions of CALPUFF have 

corresponding versions of CALMET, CALPOST, etc. which may not be compatible with previous versions (e.g., the output 

f?om a newer version of CALMET may not be compatible with an older version of CALPUFF). The different versions of the 

1 
ii. The Federal Land Manager-derived meteorological input data set for 2001-2003 

available fiom Florida should be used, in lieu of the original VISTAS dataset. 

iii. The maximum actual 24-hour average emission rates for SO2, sulfuric acid and 

PMlo should be derived from the most recent three years (2009-201 1) of 

operation for each unit. 

Use the CALPUFF model, according to the approved modeling protocol to determine 

the visibility impairment in each Class I area within 300 kilometer of your facility for 

all visibility-impairing pollutants emitted by your facility based on current emission 

rates. 

Run CALPUFF with post-control emission rates for each technically-feasible control 

technology. 

Determine the net visibility improvement in the impacted Class I areas for each 

technically feasible control technology. 

6. Develop BART Recommendation. 

a. Identify BART for each electrical generating units by evaluating the control 

effectiveness, cost, remaining useful life of the unit, energy impacts, non-air quality 

environmental impacts, and visibility improvements for each technically-feasible 

control technology. 

b. Prepare an explanation of how these factors were considered (or weighted) in 

recommending BART. 

c. Determine the recommended emission limits and associated monitoring reporting and 

recordkeeping requirements for each BART-eligible unit at your facility for SO2 and 

particulate matter. 

CALPUFF modeling system are available from the model developer on the following Web site: 

httv://www.src.com/verio/download/download. htm. 
Enclosure D 

Summary of Visibility Impact Modeling Information 

For all emissions units subject to either best available retrofit technology or reasonable progress, provide 

the following information (all units are metric): 

1. Location of the source emissions units (universal transverse mercator (UTM) Coordinates) 

a. The source coordinates must be expressed in the coordinate system used to define the 

CALMET and CALPUFF modeling domains.' For the regional screening simulations, a 

Larnbert Conformal Conic (LCC) coordinate system will be used. The required 

parameters to define an LCC coordinate include two matching parallels, 

1atitudeAongitude of the projection origin, coordinate datum, and false Easting and 

Northing (if used) of the projection origin. 

2. Source location map(s) showing location with respect to: 

a. Urban areas 

b. Topographic features (terrain, lakes, river valleys, etc.) 

c. National Weather Service meteorological observations (surface and upper air) 

d. On-siteAoca1 meteorological observations (surface and upper air) 

e. StateAocaVon-site air quality monitoring locations 

f. Plant layout on a topographic map covering a 1 kilometer (km) radius of the source with 

information sufficient to determine Good Engineering Practice (GEP) stack heights 

3. Information on urbdrural characteristics: 

Land use within 3 km of source classified according to Auer (1978): Correlation of land 

use and cover with meteorological anomalies. J Appl. Meteor., 17: 636-643. 

Population 

i. total 

ii. density 

Based on current guidance determination of whether the area should be addressed using 

urban or rural modeling methodology 

4. Emission inventory and operatingldesign parameters: 

a. Maximum actual 24-hr average emission rates in grams per second (gls)(sulfur dioxide, 

sulfuric acid, and PMlo). 

b. Maximum design load short-term emission rate (gls) 

c. Associated emissionslstack characteristics as a function of load for maximum, average, 

and nominal operating conditions if stack height is less than GEP or located in complex 

terrain. 

i. height of stack meters (m) and grade level above mean sea level 

Note that EPAYs reference to CALPUFF encompasses the entire CALPUFF modeling system, which includes the 

CALMET, CUUFF, and CALPOST models and other pre and post processors. The different versions of CALPUFF have 

corresponding versions of CALMET, CALPOST, etc. which may not be compatible with previous versions (e.g., the output 

&om a newer version of CALMET may not be compatible with an older version of CALPUFF). The different versions of the 

CALPUFF modeling system are available fiom the model developer on the following Web site: 

http://www.src.com/verio/download/download.htm. 
ii. stack exit diameter (m) 

iii. stack exit velocity (meters per second) 

iv. stack exit temperature (OKelvin) 

d. Additional building dimension information (building width, length, height and corner 

locations) is needed for short stacks that are less than GEP height. This information is 

used in providing effective structure dimensions for building downwash calculations. The 

requirement to conduct building downwash modeling may be waived if the transport 

distance is greater than 50 km. 

e. Associated parameters 

i. boiler size (megawatts, poundshr. steam, fuel consumption, etc.) 

ii. boiler parameters (percent excess air, boiler type, type of firing, etc.) 

iii. operating conditions (pollutant content in fuel, hours of operation, capacity factor, 

percent load for winter, summer, etc. 

iv. pollutant control equipment parameters (design efficiency, operation record, e.g., 

can it be bypassed?, etc.) 

f. Anticipated growth changes 
Enclosure E 

CONFIDENTIAL BUSI[NESS INFORMATION (CBI) 

ASSERTION AND SUBSTANTIATION REQUIREMENTS 

You may assert a business confidentiality claim covering all or part of the information you provide in 

response to this information request for any business information entitled to confidential treatment under 

section 114(c) of the Clean Air Act (the Act), 42 U.S.C. $7414, and 40 CFR Part 2, subpart B. Under 

Section 1 14(c) of the Act, you are entitled to confidential treatment of information that would divulge 

methods or processes entitled to protection as trade secrets. Under 40 CFR Part 2, subpart B, business 

confidentiality means the concept of trade secrecy and other related legal concepts which give (or may 

give) a business the right to preserve the confidentiality of business information and to limit its use or 

disclosure by others in order that the business may obtain or retain business advantages it derives fiom 

its rights in the information. See 40 CFR $2.201(e). 

The criteria the EPA will use in determining whether material you claim as business confidential is 

entitled to confidential treatment are set forth at 40 CFR 52.208 and 2.301. These regulations provide, 

among other things, that you must satisfactorily show that: (1) the information is within the scope of 

business confidentiality as defined at 40 CFR §2.201(e), (2) that you have taken reasonable measures to 

protect the confidentiality of the information and that you intend to continue to do so, (3) the 

information is not and has not been reasonably obtainable by legitimate means without your consent, 

and (4) the disclosure of the information is likely to cause substantial harm to your business' competitive 

edge. See 40 CFR 52.208 (a)-(d). Emission data, as defined at 40 CFR $2.301(a)(2), is expressly not 

entitled to confidential treatment under 40 CFR Part 2, subpart B. See 42 U.S.C. 57414(c); 40 CFR 5 

2.301(e). 

Information covered by a claim of business confidentiality will be disclosed by the EPA only to the 

extent, and by means of the procedures, set forth in Section 114(c) of the Act and 40 CFR Part 2, subpart 

B. The EPA will construe your failure to furnish a business confidentiality claim with your response to 

this information request as a waiver of that claim, and the information may be made available to the 

public without further notice to you. 

To assert a business confidentiality claim, you must place on (or attach to) all information you desire to 

assert as business confidential either a cover sheet, stamped or typed legend, or other suitable form of 

notice employing language such as trade secret, proprietary, or company confidential at the time you 

submit your response to this information request. Allegedly confidential portions of otherwise nonconfidential documents should be clearly identified, and may be submitted separately to facilitate 

identification and handling by the EPA. You should indicate if you desire confidential treatment only 

until a certain date or until the occurrence of a certain event. 

In addition, the EPA is providing you notice that if you assert a claim of business confidentiality for 

information you provide in response to this information request, the EPA will determine whether such 

information is entitled to confidential treatment, pursuant to 40 CFR Part 2, subpart B. Accordingly, 

after the EPA's receipt of your business confidentiality claim, you will receive a letter inviting your 

comments on the following questions: 
1. What specific portions of the information are alleged to be entitled to confidential 

treatment? Specify by page, paragraph, and sentence when identifyrng the information 

subject to your claim. 

2. For what period of time do you request that the information be maintained as 

confidential, e.p;., until a certain date, until the occurrence of a specified event, or 

permanently? If the occurrence of a specific event will eliminate the need for 

confidentiality, specify that event. Additionally, explain why the information should be 

protected for the time period you've specified. 

3. What measures have you taken to protect the information claimed as confidential fkom 

undesired disclosure? Have you disclosed the information to anyone other than a 

governmental body or someone who is bound by an agreement not to disclose the 

information Mer? If so, why should the information still be considered confidential? 

4. Is the information contained in any publicly available material such as the Internet, 

publicly available databases, promotional publications, annual reports, or articles? Is 

there any means by which a member of the public could obtain access to the information? 

Is the information of a kind that you would customarily not release to the public? 

5. Has any governmental body made a determination as to the confidentiality of the 

information? If so, please attach a copy of the determination. 

6. For each category of information claimed as confidential, explain with specificity 

whether disclosure of the information is likely to result in substantial harm to your 

competitive position. Explain the specific nature of those harmful effects, why they 

should be viewed as substantial, and the causal relationship between disclosure and such 

harmful effects. How could your competitors make use of this information to your 

detriment? 

7. Is there any other explanation you deem relevant to the EPA's determination of your 

business confidentiality claim that is not covered in the preceding questions? If so, you 

may provide such additional explanation. 

See 40 CFR §2.204(e)(4). When you receive such a letter, you must provide the EPA with a written 

response within the number of days set forth in the letter. The EPA will construe your failure to Msh 

timely comments as a waiver of your confidentiality claim, consistent with 40 CFR 52.204(e)(l).