p.1 

OAR Box 1394 

Prepped by Ollie Stewart 

Document Number: 

42) ll-C-12 

Docket Number: 

A-94-52 

Printed 7/3/2008 7:52:00 AM Sheet 42 of 56 
P.2 

AUG 0 5 1993 

Mr. Gerry Bender 

The Molded Fiberglass Company 

55 4th Avenue 

Union City, Pennsylvania 16438 

Dear Mr. Bender: 

The U. S. Environmental Protection Agency (EPA) is 

collecting information on emissions and the control of volatile 

organic compounds (VOC's) and hazardous air pollutants (HAP's) 

from the manufacture of reinforced plastic composites. The 

information will be used in the development of maximum achievable 

control technology (MACT) standards for this industry. In order 

to use EPA and industry time efficiently in gathering data, the 

EPA must visit a number of facilities that perform typical 

reinforced plastic composite manufacturing operations. The 

intent of the visits is to understand the reinforced plastic 

composite industry, the type and quantity of HAP's and VOC's 

generated, and how they are being controlled. 

This letter is to request a visit by EPA representatives to 

your facility in Union City, Pennsylvania, on August 12, 1993. 

Dr. Kenneth Meardon of Pacific Environmental Services, Inc. (PES) 

discussed this visit with Ms. Grace Tarbell of your staff in a 

telephone conversation on August 4, 1993. Representatives of the 

EPA and its contractor, PES, who will visit your facility are Dr. 

Madeleine Strum of the EPA and Mr. Greg LaFlam and Mr. Dean 

Carroll of PES. Enclosure 1 lists the topics we would like to 

discuss on the day of the site visit. Please be prepared to 

discuss each of these topics in detail. 

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 

0\ CCT 191995 !;L! 
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(40 CFR Part 2.203, September 1, 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, we have designated PES as an 

authorized representative of the EPA. Therefore, PES has the 

rights discussed above and in Enclosure 2. 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 EPA contract with 

PES is No. 68D10116. . 

Enclosure 5 summarizes EPA policies and procedures for 

handling privileged information and describes 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 for the rights of submitters of 

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 

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

personal injury tb 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 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) 382-5460. 
* 

3 

If you have any questions regarding this request, please 

contact Dr. Madeleine Strum of my staff at (919) 541-2383 or 

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

Sincerely, 

P.4 

Susan R. Wyatt, Chief 

Chemicals and Petroleum Branch 

Emission Standards Division 

5 Enclosures 

cc: Thomas J. Maslany, Director, Air Management Division, 

EPA Region III (Enclosure 1 only) 

Arthur A. Davis, Secretary, Air Pollution Control, Bureau of 

Air Quality Control, Pennsylvania Department of 

Environmental Resources (Enclosure 1 only) 

Greg LaFlam, Pacific Environmental Services 

(Enclosure 1 only) 

PREPARED BY: OAQPS:ESD:M.Strum:NCM:10th Fir.:(MD-13):541-2383 

(PES/G.LaFlam/L.Yeatts/941-0333/8-04-93) 

(ESD Project No. 93/58) 
P.5 

ENCLOSURE 1 

Plastic Composites Production Industry 

DISCUSSION TOPICS 

I. Plant Visit Intent 

The intent of this site visit is to understand the 

production of reinforced plastic composites. Information on the 

type and quantity of HAP and VOC emissions generated and how they 

are being controlled is requested. Mr. John Schweitzer of the 

Composites Institute has confirmed that your facility performs 

plastic composite manufacturing operations. 

II. Plant Diagram and Description 

A complete understanding of the processes that are performed 

at the facility related to plastic composites production is 

needed to describe and characterize the industry through the 

development of model plants, which form the basis for analyzing 

options for possible emission standards. A generalized plant 

diagram that shows the production process steps and a more 

detailed description of those that produce HAPs are needed to 

achieve this goal. 

III. Emissions 

All operations associated with the production of plastic 

composites (raw material storage, handling and/or preparation, 

production reactions, molding presses, end product finishing and 

storage, by-product processing, waste handling and treatment, or 

any other related processes) which give rise to HAP emissions 

need to be identified as well as which emission sources are 

controlled. 

IV. Control Methods and Regulations 

In order to determine maximum achievable control technology 

(MACT) , identifying the types of control methods and any 

limitations on their applicability is important. Therefore, 

information concerning the types of control devices, the 

processes whose emissions they control, their design parameters 

and their effectiveness is needed. Information on their cost 

(capital and operating, including maintenance) and associated 

wastes from these devices will be very useful. 

In determining MACT, information on other methods (e.g., 

product substitutions, process changes, pollution prevention 

techniques) that reduce or eliminate emissions is also needed. 

The type of information we need .includes the effectiveness of the 

method for reducing emissions, the costs (or savings) of 
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implementation, and applicability of the method to other 

operations. Any information on methods that were considered and 

never implemented is also useful. 

A brief discussion of the current regulations that affect 

the emissions of HAPs (either directly or indirectly) at the 

plant would also be very useful. 

•s 
P.7 

Enclosure 2 

EPA's Information Gathering Authority 

Under Section 114 of the Clean Air Act 

Under Section 114 of the Act (42 U.S.C. 7414), Congress has given the 

U. S. Environmental Protection Agency broad authority to secure Information 

needed "(a) for the purpose (1) of developing or assisting 1n the development 

of any Implementation plan under Section 110 or 111(d), any standard of 

performance under Section 111, or any emission standard under Section 112 

(11) of determining whether any person 1s 1n violation of any such standard or 

any requirement of such a plan, or (111) carrying out any provision of this 

Act." Among other things. Section 114 authorizes EPA to make Inspections, 

conduct tests, examine records, and require owners or operators of emission 

sources to submit information reasonably required for the purpose of 

developing such standards. In addition, the EPA Office of General Counsel has 

Interpreted Section 114 to Include authority to photograph or require 

submission of photographs of pertinent equipment, emissions, or both. 

Under Section 114, EPA 1s empowered to obtain Information described by 

that section even 1f you consider 1t to be confidential. You may, however, 

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 1f EPA determines that the Information 1s not entitled to 

confidential treatment.* Procedures to be used for making confidentiality 

determinations, substantive criteria to be used 1n such determinations, and 

special rules governing Information obtained under Section 114 are set forth 

1n 40 CFR Part 2 published 1n the Federal Register on September 1, 1976 

(40 FR 36902). 

•Section 114 requires public availability of all emission data and authorizes 

disclosure of confidential Information In certain circumstances. See 

40 FR 36902 - 36912 (September 1, 1976). 
P.8 

Pursuant to §2.204(a) of EPA's Freedom of Information Act (FOIA) 

regulation, 1n the event a request 1s received, or 1t 1s determined that a 

request is Hkely to be received, or EPA desires to determine whether business 

information 1n its possession 1s entitled to confidential treatment even 

though no request for release of the information has been received, please be 

advised that EPA will seek, at that time, the following Information to support 

your claim as required by §2.204(e)(4) of EPA's FOIA regulations: 

1. Measures taken by your company to guard against undesired disclosure 

of the Information to others; 

2. The extent to which the Information has been disclosed to others, and 

the precautions taken 1n connection therewith; 

3. Pertinent confidentiality determinations, 1f any, by EPA or other 

Federal agencies, and a copy of any such determinations, or reference to 1t, 

1f available; and 

4. Whether your company asserts that disclosure of the Information would 

be Hkely to result 1n substantial harmful effects on the business' 

competitive position, and 1f so, what those harmful effects would be, why they 

should be viewed as substantial, and an explanation of the causal relationship 

between disclosure and such harmful effects. 

1 
P.9 

Enclosure 3 

7042 Federal Register / Vol. 56, No. 35 / Thursday, February 21. 1991 / Notices 

Dated: Febmary 14.1991. 

Paul Lapaley, 

Director, Regulatory Management Division. 

(FR Dot 91-4113 FUed 2-20-01; 8:45 am) 

aiuiNO cooe esso-so-u 

[AD-FRL-3906-3] 

Disclosure of Emission Oarta CMmed 

as Confidential Under Sections 110 

and 114(c) of the Clean Mr Act 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of policy on public 

release of certain emission data 

submitted under sections UO and 114(c) 

of the Clean Air Act (CAA). 

SUMMARY: Section 114(c) of the CAA 

excludes emission data from the general 

definition of trade secret infonnation. 

Certain classes of data submitted to the 

EPA under sections UO and 114(a) of the 

CAA are etnission data, and. aa such, 

cannnot be withheld from disclosure as 

confidential pursuant to section 1905 of 

title 18 of the United States Code. Thia 

notice clarifies EPA's current policy, and 

solicits comment regarding that policy 

and categories of data which it 

considers excluded from a trade secret 

definition. 

DATES: Written comments pertaining to 

this notice are requested by April 22. 

1991. 

ADDRESSES: Submit comments to: Nancy 

D. Riley, MS. Environmental Protection 

Agency. Emission Standards Division, 

Pollutant Assessment Branch (MD-13). 

Research Triangle Park. NC 27711. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Mohin (telephone: (919) 541-

5349 commercial/FTS 629-6349) or 

Karen Blanchard (telephone: (919) 541-

5503 commercial/FTS 629-6503), 

Pollutant Assessment Branch (MD-13), 

Emission Standards Division: or Thomas 

Rosendahl (telephone: (919) 541-5404 

commercial/FTS 829-5404), National Air 

Data Branch (MD-14), Technical 

Support Division: U.S. Environmental 

Protection Agency, Research Triangle 

Park. North Carolina 27711. 

SUPPLEMENTARY INFORMATION: The EPA 

routinely uses, the authority of sections 

UO and 114(a) of the CAA to gather 

technical information from Industries 

involved in operations that lead to 

emission of pollutants to the ambient 

air. This information has beea used, 

among other things, to better 

characterize emitting facilities and to 

evaluate the need for and Impacts of 

potential regulation. 

Information requests under sections 

UO and 114(a) of the CAA typically 

include questions on uncontrolled and 

controUed emission rates and emission 

parameters of the poUutant or group of 

poUutants of concern. The respondents 

sometimes claim that its response 

constitutes trade secret Information, and 

thus, should be treated as confidential. 

Claims of confidentiality may be made 

under section 114(c) of the CAA. which 

states:"* * * upon a showing 

satisfactory to the Administrator by any 

person that records, reports, or 

information, or a particular part thereof, 

(other than emission data) to which the 

Administrator has access under this 

section if made public, would divulge 

methods or processes entitled to 

protection as trade secrets of such 

person, the Administrator shall consider 

such * * * confidential in accordance 

with the purposes of section 1905 of title 

18 of the United States Code* * Vl f 

the Administrator so determines, the 

information is not disclosable to the 

public. 

However, section 114(c) of the CAA 

provides that information claimed to be 

a trade secret but which constitutes 

emission data may not be withheld as 

confidential Although typicaUy the EPA 

evaluates whether information 

constitutes emission data on a case-bycase basis, it believes that some kinds of 

data will always constitute emission 

data within the meaning of section 

114(c). The purpose of this notice is to 

describe, without attempting to be 

comprehensive, that information which 

the EPA generally considers to be 

emission data, and which cannot qualify 

as confidential under either section 

114(c) or section UO (as set forth in 40 

CFR 51.321.51.322 and 51.323) of the 

CAA. The EPA is issuing this notice to 

clarify its policy and procedures, to 

facilitate the use of tiiese data in 

automated data systems and computerbased simulation models, and to 

expedite processing of claims for 

confidentiality or requests for 

disclosure. 

The EPA presently determines that 

data submitted to it as emission data 

does not qualify as confidential If it 

meets the foUowing definition under 40 

CFR 2.301(a)(2)(i): 

a. Definitions. Forthe purpose of this 

section: (1) Act means the Clean Air 

Act, as amended, 42 U.S.C 7401 et seq. 

(2)(i) Emission data means, with 

reference to any source of emission of 

any substance into the air— 

(A) Information necessary to 

determine the identity, amount 

frequency, concentration, or other 

characteristics (to the extent related to 

air quaUty) of any emission which has 

been emitted by the source (or of any 

poUutant resulting from any emission by 

a 

the source), or any combination of the 

foregoing*. 

(B) Information necessary to 

determine the identity, amount 

frequency, concentration, or other. 

characteristics (to the extent related to 

air quality) of the emission which, under 

an appUcable standard or Umitation, the 

source was authorized to emit 

(including, to the extent necessary for 

such purposes, a description of the 

manner or rate of operation of the 

source), or any combination of the 

foregoing; 

(C) A general description of die 

location and/or nature of the source to 

the extent necessary to Identify the 

source and to distinguish It from other 

sources (including, to the extent 

necessary for such purposes, a 

description of the device, installation, or 

operation constituting the source). 

The table below Usts the specific data 

fields which the EPA presently 

considers to constitute emission data 

and provides a brief description of what 

each data field describes. The 

descriptions aro intended to provide 

general information. This list is not 

exhaustive and. therefore, other data 

might be found, in a proper case, to 

constitute emission data. 

Emiaaion Data Fields 

Facility Identification: The following data 

fields are needed to establish the identity and 

location of emission sources, this shall also 

include a description or an identifier of the 

device, installation, or operation constituting 

the source. These data are used to locate 

souices for dispersion evaluation and 

exposure modeling. 

Plant Name and related point identifiers 

Address 

City 

County 

AQCR (Air Quality Control Region) 

MSA PMSA.CMSA (Metropolitan Statistical 

Areas) 

State 

Zip Code 

Ownership and point of contact Information 

Locational Identifiers: 

Latitats ft Longitude, or UTM Grid 

Coordinates 

SIC (Standard Industrial Classification) 

Emission point, device or operatioa 

descnption, information 

SCC (Source Classification Codes) 

Emissions Parameters: The following data 

fields are needed to establish the 

characteristics of the emissions. This 

information ls needed for the analyses of 

dispersion and potential contml equipment 

Emission type 

(e.g.. nature of emissions such as Cd), 

particulate or a specific toxic compound, 

and origin of emissions such as process 

vents, storage tanks or equipment leaks) 

Emission rata 
P.10 

Federal Register / VoL 56, No. 35 / Thursday, February 21. 1991 / Notices 7043 

[e.g.. the amount released to the 

atmosphere over time such as kg/yr or 

lbB/hr) 

Release height 

(e.g., height above ground level where the 

poUutant is emitted to tiie atmosphere) 

Description of terrain and surrounding 

structures 

(e.g, the size of the area associated with 

adjacent structures in square meters and 

terrain descriptions such as 

mountainous, urban, or rural) 

Stack or vent diameter at point of emissions 

(e.g.. the inside diameter of vent at the 

point of emission to the atmosphere in 

meters) 

Release velocity 

(e.g, velocity of release in m/sec) 

Release temperature 

(e.g., temperature of release at point of 

release in degrees Kelvin) 

Frequency of release 

(e.g., how often a release occurs in events 

per year) 

Duration of release 

(e.g., the time associated with a release to 

the atmosphere) 

Concentration 

(e.g., the amount ofan emission stream 

constituent relative to other stream 

constituents expressed as parts per 

million (ppm), volume percent, or weight 

percent) 

Density of the emissions stream or average 

molecular weight 

(e.g., density expressed as fraction or 

multiple of the density of atr* molecular 

weight in g/g-mole) 

Boiler or process design capacity 

(e.g., the gross heating value of fuel 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 aa 

material balance, souroe test use of AP42 emission factors, etc.) 

Percent space heat 

(e.g.. the percent of fuel used for space 

heating) 

Hourly maximum design rate: 

(e.g.. the greatest operating rate that would 

be expected for a B0UTC6 in a 1-hour 

period) 

The EPA has determined that these 

data are emission data and releasable 

upon request. This determination 

applies to data currently held by EPA as 

well as to information submitted to EPA 

in the future. Future requests for 

information under sections UO and 114 

of the CAA will indicate mat these 

emission data will not be held 

confident!aL This determination applies 

only to the data Usted in the table. 

Determinations will continue to be made 

on a case-by-case basis for data not 

specified in thia generic determination. 

After consideration of comments on 

this policy, a revised policy/ 

determination may be published. 

Dated: February a, 1991. 

MscnsM Shapiro, 

Acting Assistant Admimstrator for Air and 

Radiation. 

[FR Doc. St-tU* Filed 2-20-81; 8.-45 am] 

annuo cooc ssss n a 

[OPP-200000*Rn.--387»**41 

Request for Proposals; Research and 

Development on Antimicrobial Tost 

Methodology and Statistical Support 

on Experimental -Dealgw-and Data 

Analysis; Extension of Proposal 

Deadline 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Extension of proposal deadline. 

SUMMARY: This notice announces the 

extension of deadline for a Request for 

Proposal that published in tiie Federal 

Register of December 0,1900. The 

Request for Proposal was published to 

soUcit proposals which will result Jn the 

development of a reproducible, reliable, 

and statistically valid sporiddal test 

method used to evaluate the efficacy of 

antimicrobial products bearing steriUzer 

or sporiddal claims. In addition, 

proposals for statistical support to 

independently -evaluate tiie 

experimental designs of projects and to 

analyze results from on-going test 

methodology research were also 

solicited. 

DATES: The new deadline for proposal 

submission to the Agency is February 

28, 1991. 

ADDRESSES: The original and eight 

copies must be Bent to: Grants 

Operations Branch (PM-218F). 

Environmental Protection Agency, 401M 

St., SW.. Washington. DC 32046a One 

copy of the original must be sent to: 

Susan Parker. Registration Division 

(H7505C), Environmental Protection 

Agency, 401M SL, SW., 2046a 

Application Kits may be obtained from: 

Grants Operations Branch (PM-216F), 

Environmental Protection Agency, 401M 

SL, SW„ Washington, DC 2046a or caU: 

(202) 382-5206. 

FOR FURTHER INFORMATION CONTACT: 

Susan Parker, Registration Division 

(H7505C), Environmental Protection 

Agency. 401M St.. SW., Washington, DC 

20460, Phone number (703) 557-2141. 

SUPPLEMENTARY INFORMATION: EPA 

issued a Request for Proposal in the 

Federal Register of December 8,1990 (55 

FR 50388). The original submission 

deadline waa January 30,1991; the new 

deadline for proposal submission is 

extended to February 28,1991. 

DatBd: February 312.1991. 

Douglas D. Caaipt, 

Director. Office of Pesticide Programs. 

(FR Doc. 91-4120 Filed 2-20-91:8:45 am] 

BIUJ»OCOOC«9B6-eo-F 

[OPP-180841; FRL-3877-6] 

Emergency Exemptions 

AOENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has granted specific 

exemptions far the control of various 

pests to the seven States as listed below 

and one by the United States 

Department of Agriculture. Four crisis 

exemptions were initiated, two by the 

Florida Department of Consumer 

Services and two by the United States 

Department of Agriculture. These 

exemptions, issued during the months of 

November and December, except for the 

one in October, are subject to 

appUcation and timing restrictions and 

reporting requirements designed to 

protect tiie environment to tiie maximum 

extent possible. Informetion on these 

restrictions is available from the contact 

persons in EPA listed below. 

DATES: See each specific and crisis 

exemption for its effective date. 

FOR FURTHER INFORMATION CONTACT 

See each emergency exemption for the 

name of the contact person. The 

foUowing information appUes to aU 

contact persons: By mail: Registration 

Division (M7505C), Office of Pesticide 

Programs, Environmental Protection 

Agency. 401M St, SW, Washington, DC 

20460. Office location and telephone 

number Rm, TIB, CM #2,1921 Jefferson 

Davis Highway, Arlington, VA. (703-

557-1806). 

SUPPLEMENTARY INFORMATION: EPA has 

granted specific exemptions to the: 

1. California Department of Food and 

Agriculture for the use of chlorothalonil 

on mushrooms to control verticillium 

diseases; November 14,199a to 

November 13,1991. (Susan Stanton) 

2. California Department of Food and 

Agriculture for the use of avermectin Bon celery to control serpentine 

leafminers; November 19,1990, to 

November 18,1991. (Libby Pemberton) 

3. California Department of Food and 

Agriculture for the use of methyl 

bromide on carrots to control 

nematodes; December 21,1990, to 

December 2 a 1991. (Libby Pemberton) 

4. Idaho Department of Agriculture for 

the uae of pendhnethah'n on spearmint 

and peppermint to control kochia and 

a 
Enclosure 4 

.,-tos*-,. 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

I rS» 7 4 Office of Air Quality Planning and Standards 

\«*»¥llfafr/ Research Triangle Park, North Carolina 27711 

*+• °" 

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 vhich 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) (l), 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: AUG 2 5 1992 

Designation Expires: September 30, 1993 

• —n 'sts.Yfs. '•*• 

'i- John S. seitz . 

3*^*-**-*. Director 

Office of Air Quality Planning 

and Standards 

l r. 
P.12 

Enclosure 5 

U.S. Environmental Protection Agency 

Office of Air Quality Planning and Standards (OAQPS) 

Emission Standards Oivision (ESO) 

January 1989 

Sunmary of ESD /OAQPS 

Procedures for Safeguarding Confidential Business Infonnation (CBI) 

1. Purpose 

This memorandum describes Agency policy and procedures pertaining to the 

handling and safeguarding of Information that may be entitled to confidential 

treatment for reasons of-business confidentiality by the ESD, OAQPS, Office of 

Air and Radiation, U.S. Environmental Protection Agency. 

2. Other Appllable Documents; 

a. Clean Air Act as amended. 

b. 40 CFR, Chapter 1, Part 2, Subpart B - Confidentiality of Business 

Information. 

c. EPA Security Manual, Part II, Chapters 8 and 9. 

d. Clean Air Act Confidential Business Information Security Manual for 

Federal Employees. 

e. Clean Air Act Confidential Business Information Security Manual for 

Contractors. 

3. Exception; 

This document was prepared as a summary of data gathering and handling 

procedures used by the ESQ, OAQPS, EPA. Nothing in this document shall be 

construed as superseding or being 1n conflict with any applicable regulations, 

statutes, or policies to which EPA 1s subject. 

4. Definition; 

Confidential Business Information - Information claimed by the provider to 

be confidential. This Information may be identified with such titles as trade 

secret, secret, administrative secret, company secret, secret proprietary, 

privileged, administrative confidential, company confidential, confidential 

proprietary, or proprietary. NOTE; These markings should not be confused with 

the classification markings of National Security Information identified in 

Executive Order 11652. 
P.13 

5. Background 

Section 114(c) of the Clean Air Act as amended reads as follows: 

"Any records, reports, or information 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, or information, 

or particular part thereof, (other than emission data) to which the 

Administrator has access under this section if made public, would 

divulge methods or processes entitled to protection as trade secrets 

of such person, the Administrator shall consider such record, 

report, or information or particular portion thereof confidential 

in accordance with the purposes of Section 1905 of Title 18 of the 

United States Corte,'except that such record, report, or information 

may be disclosed to other officers, employees, or authorized 

representatives of the United States concerned with carrying out 

this Act or when relevant in any proceeding under this Act." 

The treatment of CBI by the U.S. EPA, including data obtained under 

Section 114 of the Clean A1r Act, is governed by Title 40, Part 2, of the Code 

of Federal Regulations. These regulations require EPA offices to Include a 

notice with each request for information to inform the business of: (1) Its right 

to assert a claim of confidentiality covering part or all of the information, 

(2) the method for asserting a claim, and (3) the effect of failure to assert a 

claim at time of submission. In addition, the regulations: (1) set forth procedures for the safeguarding of confidential information; (2) contain provisions 

for providing confidential information to authorized representatives; (3) contain 

provisions for the release of information to the Congress, Comptroller General, 

other Federal agencies, State and local governments, and Courts; (4) permit the 

disclosure of information within EPA to employees with an official need for the 

information; and (5) prohibit wrongful use of such information and cite penalties 

for wrongful disclosure. Further, the regulations contain the Agency's basic 

rule concerning the treatment of requests for information under the Freedom of 

Information Act (5 U.S.C. 552). 

6. Procedures: 

a. Requests for Information 

Each request originating in the ESD for information made under the provisions 

of Section 114(a) s signed by the Division Director. The request Includes ESD's 

standard enclosu--5 'EPA's Information Gathering Authority Under Section 114 of 

the Clean A1r A- - -vhich was designed to meet the requirement of 40 CFR Part 2 

discussed above 

10 
P.M 

b. Receipt of Confidential Business Information 

Upon receipt of information for which confidential treatment has been 

requested, the Office of the Director (OD) directs the logging of the material 

and the establishment of a permanent file . If confidential treatment 1s requested, 

but is not specifically marked, the material will be stamped "Subject to 

Confidentiality Claim." If part of the material is claimed to be confidential, 

that portion is marked "Subject to Confidentiality Claim." In compliance with 

Sections 2.204 and 2.208 of 40 CFR Part 2, the Branch Chief responsible for the 

requested information reviews the information to determine whether it is likely 

to be confidential in contrast to being available in the open literature, 

whether i t Is emission data, and whether i t likely provides its holder with a 

competitive advantage. If.the information Is clearly not confidential, the 

Branch Chief prepares a letter for signature of the Olvlsion Director, ESD, to 

notify the business of this finding. If the information is possibly confidential, 

the Branch Chief sends a memorandum to inform the OD, ESD, of this finding, gives 

a brief description of the material (what i t is, how many pages, etc.), Identifies 

i t with the correct ESD project number, and lists those persons who are authorized 

to have access to the information. The information and memorandum are hand 

carried to the OD and placed in the CBI files with the material. A record of who 

will see the Information (Attachment A) is also filed with the folder containing 

the information. If CBI is received from the owner via an authorized representa*-

or a third party, the same procedure is followed, with the addition of clearly 

identifying the information and its source. By regulation, Information for which 

confidential treatment is requested must be so marked or designated by the submitter. 

The EPA takes additional measures to ensure that the proprietary designation is 

uniformly indicated and Immediately observable. All unmarked or undesignated 

information (except as noted below) is freely releasable. 

c. Storage of Confidential Business Information 

Folders, documents, or material containing CBI (as defined) shall be secured, 

at a minimum, In a combination-locked cabinet. Normal ESD procedure Is to secure 

this information In a cabinet equipped with a security bar and locked using a 

four-way, changeable combination padlock. In addition, the entrance door to the 

CBI storage room 1s equipped with a changeable combination simplex lock. The 

locked files are under the control of the 00. 

Knowledge of the combinations of the locking devices 1s limited to the Document 

Control Officer (DCO) and the minimum number of persons required to effectively 

maintain nonnal business operations. Records of the locking device combination 

are stored elsewhere in conformance with the requirements of the EPA Security 

Manual. 

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P.15 

Combinati;• " the locks are normally changed whenever a person with 

knowledge of th*? ; i--* in at ions is transferred, terminates employment, no longer 

authorized access, -r whenever the possibility exists that the combinations 

may have been subject to compromise. 

Files may be checked out upon confirmation that the requesting person is 

authorized to receive the information. All confidential files must be returned 

no later than 4:00 p.m, on the same day they are removed. The intended user must 

sign the CRI Control Record when the file is checked out. 

The individual who signs out a confidential file is responsible for its 

safekeeping. The file must not be left unattended. The information must not be 

disclosed to any non-authpoized personnel. 

Storage procedures 'for CBI by an authorized representative of EPA (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 memorandum is placed in the file indicating 

what information was transmitted, the date, and the recipient. The authorized 

representative returns a signed receipt to the DCO. 

d. Access to Confidential Business Information 

Only authorized EPA employees may open and distribute CBI. 

Only employees who require and are authorized access to CRI in the performance 

of their official duties are permitted to review documents and, upon receiving a 

confidential document, must sign and date the form shown in Attachment A to 

certify their access to the document. 

The CBI files are controlled by the OD, ESD, and maintained by a contractor 

cleared for access as an authorized representative. Access to the information is 

limited to those persons having a need to know in performing their offical duties. 

The ESD Rranch having primary interest in the CBI provides a memorandum for 

the record designating those personnel who are authorized to use CBI in a program 

under which CBI can he requested. No person is automatically entitled to access 

based solely on grade, position, or security clearance. The names of persons 

granted access to CBI are placed on the Clean Air Act CBI access list, which 

indicates the specific CBI each person is permitted to see. The access list is 

reviewed and updated periodically. 

Companies under contract to perform work for EPA may be designated authorized 

representatives of EPA if such designation is necessary in order for the contractor 

to carry out the work required by the contract. As authorized representatives, 

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P.16 

contractors may be granted access to CBI by the Director, ESD. The following 

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 of carrying out the work 

required, (b) must refrain from disclosing the information to anyone other than 

EPA without having received from EPA prior written approval of each affected 

business or of an EPA legal office, and (c) must return to EPA all copies of the 

information (and any abstracts or excerpts therefrom) upon request or whenever 

the information is no longer required for the performance of the work. 

(2) The authorized contractor designated as a representative must obtain a 

written agreement from each-of Its employees who will have access to the information. 

A copy of each employee -agreement (Attachment 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 of 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. 

Infonnation may be released to or accessed by EPA employees other than OAQPS 

employees only upon approval of the Director, ESO. 

Requests for CBI from other Federal agencies, Congress, the Comptroller GeneCourts, etc., are processed by the OD, ESD, in accordance with 40 CFR 2, Subpart 

Requests under the Freedom of Information Act are handled in accordance with 

40 CFR 2, Subpart A. The ESD Freedom of Information Coordinator must be consulted 

prior to responding to any request for Information if a claim of confidentiality 

has been asserted or if there Is reason to believe that a claim might be made If 

the business knew release was intended. 

e. Use and Disclosure of Confidential Business Information 

The CBI as defined may not be used in publications, supporting documents, 

memoranda, etc., that become a part of the public domain, except as provided for 

in 40 CFR 2 Subpart B. 

The CBI may not be summarized without the approval of the Project Manager 

responsible for the CBI. Any authorized reproduction shall be provided by the 

CBI office staff. Further, all authorized reproductions must be introduced into 

the CBI control system and treated according to the same procedures applicable to 

the original confidential material. 

The EPA generated documents or material, or extracts of information containing 

CBI, must be stamped "Subject to Confidentiality Claim" and a cover sheet must be 

attached to identify the material as CBI. 

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_PJ7 

f. Handling of Other Information 

Reports, memoranda, documents, etc., prepared by EPA or its authorized 

representatives are not normally circulated outside EPA for comment or review 

prior to publication except in such cases as described above (6.d.3) wherein C3I 

is expressly included. However, because industrial-data-gathering visits, plant 

inspections, and source testing can involve inadvertent receipt of CBI, it is the 

policy of ESD to protect all parties involved in the following manner. 

Prior to or at the inception of a plant inspection, data-gathering visit, or 

source test, EPA or Its authorized representative discusses with a responsible 

industry official the information sought, how i t is to be used, and how i t is to 

be protected. A copy of this sunmary Is usually provided to the industry official 

being consulted. -

Following an inspection, visit, or test, a trip report is prepared to include, 

as practicable, all information received by EPA or its authorized representative 

during the visit or test. The report may be prepared by either EPA or its authorized 

representative. The draft of that report 1s clearly identified, on an attached, 

colored cover sheet as "Confidential Pending Determination." A second copy of 

the draft trip report 1s forwarded by EPA to the responsible industry official 

for review. The responsible industry official is requested by cover letter to 

review the report, clearly mark any information considered to be confidential, 

and return the marked up-report to the responsible EPA employee within 2 weeks of 

receipt. The original draft is kept in the CBI "pending" file until the marked-up 

copy is returned by the business firm. 

When the reviewed copy of the report, as marked by the responsible plant 

official, is received by EPA, information designated confidential Is placed in 

the CBI files as described above. The original draft of the trip report is 

edited to delete the confidential Information and to accommodate technical changes, 

and the trip report is issued. 

2 Attachments 

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P.18 

Attachment B - • • 

I. AUTHORIZATION FOR ACCESS TO CAA CBI FOR EPA CONTRACTOR EMPLOYEES 

FULL NAME POSITION 

SSN CONTRACTOR 

It Is the responsibility of each Authorizing.Of ficial to ensure that the employees undar his/her 

supervision who require access to CAA CBI: 

1. Sign the Confidentiality Agreement for EPA Contractor Employees 

2. Are fully informed regarding their security responsibilities for CAA CBI. 

3. Obtain access only to thatCAA CBI required to perform their official duties 

SIGNATURE OF AUTHORIZING OFFICIAL TELEPHONE NO. DATE 

TITLE LOCATION 

II. CONFIDENTIALITY AGREEMENT FOR EPA CONTRACTOR EMPLOYEES 

I understand that I will have access to certain Confidential Business Information submitted to 

EPA or Its authorized representatives under the Clean Air Act (CAA). 

This access Is granted In accordance with my official duties as an employee of an Environmental 

Protection Agency contractor. 

I understand that CAA C8I may not be disclosed except as authorized by CAA and Agency 

regulations. I understand that I may face criminal prosecution if | willfully disclose CBI to any 

person not authorized to receive it. In addition, I understand that I may be subject to 

disciplinary action for violation of this agreement with penalties ranging up to and Including 

dismissal. 

I agree that I will treat any CAA CBI furnished to me as confidential and that I will follow the 

procedures set forth In the CAA Confidential Business Information Security Manual for 

Contractors. 

I have read and understand these procedures. 

SIGNATURE TELEPHONE NO. OATE 

III. HAVING COMPLETED REOUIRED TRAINING AND PASSED REOUIREO TEST, THE A8OVE-NAME0 

EMPLOYEE IS HEREBY AUTHORIZED TO HAVE ACCESS TO CAA CBI. 

SIGNATURE CBI COCO TELEPHONE NO. OATE 

CAA FORM 2 

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P.19 

Attachment A 

CAA CONFIDENTIAL BUSINESS INFORMATION 

CONTROL RECORD 

OATE RECEIVED: (RESPONSIBLE BRANCH: CONTROL NUMBER: 

i OATE OF OOCUMENT: DOCUMENT AUTHOR 

DESCRIPTION (PROVIDING ORGANIZATION, TITLE, SUBJECT. NUMBER OF COPIES. NUMBER OF PAGES) 

.. * 

RETURN OATE: ' DESTRUCTION OATE: 

i 

• 

i 

INITIALS: 

EACH PERSON WHO IS GIVEN ACCESS TO THIS OOCUMENT MUST FILL IN THE INFORMATION BELOW. 

CHECK-OUT 

SIGNATURE 

-

OATE 

CHECK-IN 

SIGNATUp.fi OATE 

1 

• 

DO NOT DETACH 

CAA Form 1 

(7