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OAR Box 1158 

Prepped by RyanDugan 

Document Number: 

38) l-C-14 

Docket Number: 

A-88-02 

Printed 4/28/2008 2:34:13 PM Sheet 38 of 349 
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MRI$J 

A-88-02. 

MIDWEST RESEARCH INSTITUTE 

X - C-1*4

 450 5

 Creedmoor Road 

Raleigh, N.C. 27612 

Telephone (919) 781-5750 

April 22, 1985 

Mr. Jim Anderson 

Vice President, Manufacturing 

T & S Brass and Bronze Works, 

Incorporated 

Route 4 

Old Buncombe Road 

Travelers Rest, South Carolina 

Dear Mr. Anderson: 

29690 

8199'. 

: 1 

il 

Enclosed is an unsigned copy of the memorandum we discussed April 19, 

1985, concerning our policies for confidential treatment of information. 

After you have reviewed the memorandum, please let me know whether it is 

necessary for me to obtain the indicated signatures and forward the signed 

copies to you. 

Sincerely, 

60ACL IK Qt^ttZrkrU 

Barbara W. Duletsky 

Environmental Engineer 

Enclosure 

/• 

Principal Laboratories 425 Volker Boulevard. Kansas City. Missouri 64110 
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MEMORANDUM ON CONFIDENTIAL TREATMENT OF CERTAIN 

INFORMATION FOR USE WITH SITE VISITS BY EP/T 

AUTHORIZED CONTRACTOR REPRESENTATIVES UNDER 

AUTHORITY OF SECTION 114 OF THE CLEAN AIR ACT 

1. Pursuant to the provisions of Section 114 of the Clean Air Act, 

as amended, T&S Brass and Bronze Works (hereinafter "the source") will 

provide, or give access to, information requested by the Environmental 

Protection Agency (EPA) in the course of carrying out its responsibilities. 

Such information and such access will be provided to EPA and to its duly 

authorized representative (Midwest Research Institute) (hereinafter "the 

contractor") designated by EPA to assist EPA in carrying out such responsibilities pursuant to Contract No. 68-02-3817 with EPA. The information 

requested may be either documentary (e.g., records, photographs, or 

charts) or nondocumentary (e.g., oral communications, taking of photographs, 

or visual observations). The EPA and the contractor recognize that the 

source may consider the information so provided, or some part of it, to 

be confidential within the meaning of Section 114 and 18 U.S.C. 1905. 

The source may assert a claim of confidentiality under the procedures 

established in Part 2 of Title 40 of the Code of Federal Regulations 

(40 CFR Part 2) by noting such claim on documentary material provided to . 

the contractor or to EPA. The contractor will note such claim when 

submitting the information to EPA. The EPA will note such claim when 

submitting such information to the contractor. Moreover, the source may 

notify the contractor or EPA that it considers the nondocumentary information provided to EPA or to the contractor to be confidential. Th contractor 

will note said claim of confidentiality in any reports or documents 

submitted to EPA which utilize such nondocumentary information. The EPA 

will note said claim of confidentiality in any reports or documents 

submitted to the contractor which utilize such nondocumentary information. 

Any material or information claimed as confidential will be treated by 

the contractor as confidential in accordance with its contract and will 

be treated by EPA in accordance with the provisions of 40 CFR Part 2. 

Any material or information for which a claim of confidentiality is not 

made may be made available to the public by EPA without notice to the 

source. 

2. The provisions in the contractor's contract with EPA concerning 

the use and disclosure of confidential information are included therein 

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

The provisions of Contract No. 68-02-3817 between EPA and the 

contractor provide: 

a. The contractor and its employees will: (i) use the information 

claimed to be confidential only for purposes of carrying out 

the work required by the contract; (ii) not disclose the 

information to anyone other than EPA employees without the 

prior written approval of the Assistant General Counsel for 

Contracts and General Administration; and (iii) return to the 

EPA Contracting Officer all copies of the information, and any 

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abstracts or exerpts therefrom, upon request by the Contracting 

Office, whenever the information is no longer required by the 

contractor for the performance of the work or upon completion 

of the contract. 

b. The contractor will obtain a written agreement to honor the 

provisions of Paragraph 2(a) from each of its employees who 

will have access to the information, before the employee is 

allowed access. 

c. The contractor will not use any information claimed to be 

confidential to compete with the source. 

d. Before entering into any subcontract that will involve either 

the disclosure to a subcontractor by the contractor of 

information claimed to be confidential, or the collection of 

information by a subcontractor, the contractor will obtain 

written consent of the EPA Contracting Officer, after a written 

determination by the appropriate EPA program office. 

3. Any contract between the contractor and a subcontractor for 

work involving access to information described herein will include the 

requirements contained in Paragraph 2(a), (b), and (c) above; and the 

subcontractor will be subject to the terms set forth in Paragraphs 1 and 

4 in the same manner as if it were the contractor. 

4. It is intended that this memorandum be consistent with and not 

exceed the provisions of 40 CFR Part 2 and the provisions of Contract 

No. 68-02-3817. This memorandum does not address information not 

obtained from the source. Nothing in this memorandum relieves the 

contractor of any liability it may independently have to the source as a 

matter of statutory or common law from injury to the source arising from 

the contractor's release of information in a manner which exceeds its 

authority under 40 CFR Part 2 and its contract with EPA. 

U. S. Environmental Protection Agency T&S Brass and Bronze Works 

By: By: 

Jack R. Farmer, Director 

Emission Standards and 

Engineering Division 

Date: Date: 

Midwest Research Institute 

By: 

Robert Donaldson, Manager 

Procurement and General 

Services 

Date: