P.1 

OAR Box 1500 

Prepped by Ollie Stewart 

Document Number: 

8) ll-C-34 

Docket Number: 

A-94-52 

Printed 8/5/20081:51:26 PM Sheet 8 of 343 
P.2 

A-94-52 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

^jg ^ „, Office of Air Quality Planning and Standards 

o ^|/^- . ? Research Triangle Park, North Carolina 27711 

\ Pfio^C 

Mr. Carl Novak ,

 JUN 24 IS36 

Sequentia Incorporated 

13720 Botts Road 

Grandview, Missouri 64030 

Dear Mr. Novak: 

This letter is to confirm a visit to the Sequentia facility 

located in Grand Junction, Tennessee, by representatives of the 

U.S. Environmental Protection Agency (EPA) on Thursday, July 11, 

1996. Visitors will include Dr. Madeleine Strum of the EPA, and 

Dr. Kenneth Meardon and Ms. Melanie Proctor of Pacific 

Environmental Services, Inc. (PES). The visit was discussed 

during a telephone conversation between you and Dr. Meardon on 

June 19, 1996. 

As you know, the EPA has undertaken a program to develop 

national emission standards for hazardous air pollutants for 

reinforced plastic composites production under section 112 of the 

Clean Air Act (Act), as amended November 1990. As part of this 

activity, we have been gathering information on composites 

processes and associated air pollution control measures for some 

time. Due to the wet area enclosures present at Sequentia, your 

facility may be of great importance for determining maximum 

achievable control technology for continuous lamination 

processes, particularly with regard to existing sources. A visit 

to your facility would assist us in assessing possible emission 

reductions achieved from wet area enclosures and the variability . 

in continuous lamination processes. 

The types of information we would like to discuss with you 

during the site visit are detailed in Enclosure 1, and include 

the following: 
P.3 

1. Detailed description of the continuous lamination 

process, including the application equipment used, layout of 

production processes, and machine parameters; 

2. Descriptions of the wet area enclosures and other 

measures used to limit emissions from the continuous 

lamination process including estimate of effectiveness (mass 

balance data); 

3. Methodology for the mass balance procedure and 

calibration information for the instruments used; and 

4. Available cost information concerning the wet area 

enclosures discussed under item 2. 

Enclosure 1 is an outline of the site visit checklist that 

EPA and PES will use during the site visit. If any of the 

information asked for in the site visit checklist has already 

been provided, you may disregard our request for this 

information. Please note that some questions may be modified as 

we learn more about your operations. 

Most of the information on the checklist will be obtained 

during the discussions at the facility. However, some of the 

information may have to be retrieved from your files in advance 

of the visit. We request that you read through the checklist and 

have the necessary information from your files available to the 

EPA representatives when they arrive at the plant. 

The authority for the EPA's information gathering is 

included in section 114 of the 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 1, 1976). Section 114 of the Act exempts emissions 

data from claims of confidentiality and emissions data collected 

may be made available to the public. A clarification of what the 

EPA considers to be emissions data is contained in Enclosure 3. 

2-
P.4 

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 respecting confidentiality of methods or processes 

entitled to protection as trade secrets. The PES contract with 

the EPA is No. 68-D1-0116. 

Enclosure 5 summarizes the EPA's policies and procedures for 

handling privileged information and describes EPA contractor 

commitments and procedures for using confidential materials. It 

is the EPA's policy that compliance by an authorized 

representative with the requirements detailed in Enclosure 4 

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 

or her employment, he or she 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 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. 
P.5 

If you have any questions regarding this request, please 

contact Dr. Madeleine Strum at (919) 541-2383. 

Sincerely, 

CA;n,cU 54k^^^-< 

Linda S. Herring 

Group Leader 

Coatings and Consumer Products 

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P.7 

How does "contiguous lamination" vary from "contiguous 

casting"? 

CONTINUOUS LAMINATION MACHINE 

** For each machine: Layout of machine and dimensions of 

machine components. Dimensions, design criteria, and 

layout of wet area enclosure with respect to machine 

dimensions 

EMISSION DATA AND EMISSION CONTROL SYSTEM 

** What is the air flow around the enclosure when the 

enclosure is closed? Is the air flow increased when 

the enclosure has to be opened? 

* How is the enclosure sealed? What are the sizes of the 

openings? 

** How often and how long is the enclosure opened (can you 

provide records)? 

** Provide any emission concentration measurements within 

and outside the enclosure. Where were the measurements 

taken? 

Problems experienced with the enclosure 

Why was the enclosure installed? 

Any changes to the enclosure planned? 

** Data on emission rates in lb/hour or HAP emitted per lb 

HAP used in raw materials 

** Please provide daily mass balance information (weight 

of all materials entering and leaving process) 

** What is the upper limit of styrene losses based on mass 

balance? 

** Please provide the methodology for the mass balance 

procedure and the calibration information for the 

instruments used 

COST INFORMATION 

** Capital costs and.annual costs: 

For each enclosure ($/ft2) 

For each continuous lamination machine 

Recordkeeping costs associated with mass balance 

Time to do mass balances 

Maintenance cost for enclosure 
P.8 

ECONOMICS 

** Profitability of the continuous lamination operation 

with the enclosure in place versus no enclosure. Data 

can include the ratio of the total annual cost of 

production to the total annual cost of control, or the 

ratio of the annual sales to the total annual cost of 

control. 
P.9 

Enclosure oL 

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 tiie U.S. Environmental Protection 

Agency broad authority to secure information needed "for the purpose of (i) developing or assisting in 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, (ii) determining whether any person is in violation of 

any such standard of any requirement of such a plan, or (iii) carrying out any provision of tiiis 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 is empowered to obtain information described by that section even if you 

consider it 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 if EPA determines that the infonnation is not entitled to confidential treatment41 Procedures to be used for 

making confidentiality determinancHis, substantive criteria to be used in such determinations, and special rules 

governing infonnation obtained under Section 114 are set forth in 40 CFR Part 2 published in the Federal 

&Sgisiei on September 1,1976 (40 FR 36902). 

Pursuant to §2.204(a) of EPA's Freedom of Infonnation Act (FOIA) regulation, in the event a request is 

received, or it is determine that a request is likely to be received, or EPA desires to determine whether business 

information in its possession is entitled to confidential treatment even though no request for release ofthe 

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(eX4) of EPA's FOIA regulations: 

1. Measures taken by your company to guard against undesired disclosure of tiie information to others; 

2. The extent to which the information has been disclosed to others, and the precautions taken in 

connection therewith; 

. 3. Pertinent confidentiality determinations, if any, by EPA or otiier Federal agencies, and a copy of any 

such determinations, or reference to it, if available; and 

4. Whether your company asserts that disclosure of the information would be likely to result in 

substantial harmful effects on the business' competitive position, and if so, what those harmful effects would be, 

why they should be viewed as substantial, and an explanation ofthe causal relationship between disclosure and 

such harmful effects. 

"'Section 114 requires public avaiability of all emission data and authorizes diclosure of confidential 

infonnation in certain circumstances. See 40 FR 36902 - 36912 (September 1, 1976) 

(Rev. 12/8/95) 

X 
ENCLOSURE ^ 

7042 federal Register / VoL 56. No. 35 / Thursday. February 21. 1991 / Noticea 

P.10 

Dated: February 14. 1991. 

Paul UpsWr. 

Director. Regulatory Management Division. 

(FR Doc 91-4113 Filed KM1 ; 8:43 tm] 

*»gj»o coot mo m m 

(AD-FRL-WOS-ai 

Disclosure of Emission Data Claimed 

n Confidential Undor Stations 110 

and 114(c) of tn« Clean Air Act 

AOVtCT. Environmental Protection 

Agency (EPA). 

ACTION: Notice of policy on public 

release of certain emission data 

aubmitted under sections 110 and 114(c) 

ot the Qean Air Act (CAA). 

SUMMAirv: Section 114(c) of the CAA 

excludes emission data from the general 

definition of trade eecret infonnation. 

Certain classes of data submitted to the 

EPA under sections UO and 114(a) of the 

CAA are emission data. and. as such, 

cannnot be withheld from disclosure aa 

confidential pursuant to section 1905 of 

title 18 of the United States Code. This 

notice chuifies EPA's current policy, and 

aolidts comment regarding that policy 

and categories of data which it 

considers exduded from a trade secret 

definition. 

DATES: Written comments pertaining to 

this notice are requested by April 22. 

1991. 

ASOMSSU : Submit **?•««»«>• to; Nancy 

D. Riley. US. Environmental Protection 

Agency. Emission Standards Division. 

ftUutant Assessment Branch (MD-13), 

Research Triangle Park. NC 27711. 

FOR FURTHER IMTOWMaTlOW CONTACTS 

Timothy Mohin (telephone: (919) 541-

5349 commerdal/FTS 029-6349) or 

Karen Btanchard (telephone: (919) 541-

5503 commerdal/FTS 029-5503). 

Pollutant Assessment Branch (MD-13). 

Emission Standards Division or Thomas 

Rosendahl (telephone: (919) 541-6404 

commercial/FTS 629-5404). National Air 

Date Branch (MD-14), Technical 

Support Division: U.S. Environmental 

Protection Agency. Research Triangle ' 

Park. North Carolina 27711. 

SUf>?l£MCMTAftY ItMiVORMATlOtCThe EPA 

routinely uses the authority of sections 

UO and 114(a) of the CAA to gather 

technical infonnation from industries 

involved In operations that lead to 

emission of pollutants to the ambient 

air. This information has been used, 

among other things, lo better 

characterize emitting facilities end to 

evaluate the need for and impacts of 

potential regulation. 

information requests under sections 

110 and 114(a) cf the CAA typically 

:.ir lude questions on uncontrolled and 

controlled emission rates and emission 

parameters of the pollutant or group of 

pollutants of concern. The respondents 

sometimes claim that its response 

constitutes trade secret infonnation. and 

thus, ahould be treated aa 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 ao determines, the 

information is not disclosable to the 

public. 

However, section 114(c) of the CAA 

provides that infonnation daimed to be 

a trade secret but which constitutes 

emission data may not be withheld as 

confidentiaL Although typically the EPA 

evaluates whether infonnation 

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 

tlie EPA generally considers to be 

emission data, and which cannot qualify 

as confidential under dther section 

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

CFR 51-321.5U22 and 51323) of tha 

CAA. The EPA is issuing this notice to 

clarify its policy «nd procedures, to 

facilitate the use of these data in 

automated data systems and computerbased simulation models, and to 

expedite processing of claims for 

confidentiality or requests fbr 

disclosure. 

The EPA presendy determines that 

data submitted to it as emission data 

does not qualify as confidential if it 

meets the following definition under 40 

CFR2301(a)(2)(t): 

a. Definitions. For the 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 quality) of any emission which has 

been emitted by the source (or of any 

pollutant resulting from any emission by 

the source), or any combination of the 

foregoing: 

(B) Infonnation necessary to 

determine the identity, amount 

frequency, concentration, or other 

characteristics (to the extent related to 

air quality) of the emission which, under 

an applicable standard or limitation, the 

source was authorized to emit 

(Induding. 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 the 

location and/or nature of the source to 

the extent necessary to Identify the 

source and to distinguish it from other 

sources (Induding. to the extwt 

necessary for su a purposes, a 

description oi tha device, installatioa or 

operation constituting the source). 

The table below lists the specific data 

fields which tha EPA presendy 

considers to constitute emission data 

and provides a brief description of what 

each data field describes. The 

descriptions are Intended to provide 

general Information. This list is not 

exhaustive and, dierefore, other data 

might be found, in a proper case, to 

constitute emission data. 

EolMtoa Data Fields 

Fadlity Identification: Th* following data 

fields are needed to establish the Identity and 

locatioa of emission sources, this shall alto 

ladnde e description or aa Identifier o( the 

device, installatioa. or operation constituting 

the source. These data an na*d to locate 

•ource* for dlspenioa evaluation and 

Plant Name and related point Identifier* 

Address 

City 

County 

AQCR (Air Quality Control Region) 

MSA. PMSA. CMSA (Metropolitan Statistical 

Areas) 

Stat* 

Zip Code 

Ownership and point of contact information 

Locauonal Identifiers: 

Latitat* ft Loaaitud*. or UTM Crid 

Coordinatn 

SIC (Standard Industrial Classification) 

Emission point device or operation 

description. Information 

SCC (Source Classification Codes) 

Emissions Parametarr. The following data 

fields are needed to establish ths 

characteristics of the emissions. This 

infonnation is needed for the analyses of 

dispersion end potential control equipment. 

ISmission type 

(e.g, netur* of emlseions such as COi). 

particulate or e specific toxic compound, 

and origin of emissions such as process 

vents, storsge tanks or equipment leak*) 

Emission rat* 

1 
P.11 

Federal Register / VoL SO. No. 35 / Thursday. February 21. 1991 / NoUces 7043 

;e-g, th* amount released to th* 

atmosphere over time such as kg/yr or 

lbs/hr) 

Release height 

(e.g, height above ground level where the 

pollutant is emitted to the atmosphere! 

Description of terrain sod surrounding 

structures 

(e.g. th* sire of me 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 

(eg. the insid* diameter of vent et the 

point of emission to the atmosphere In 

meters) 

Releas* velocity 

(•4. velocity of release in m/sec) 

Release temperature 

(e.g, temperature of release et point of 

release in degrees Kelvin) 

Frequency of rel«*s* 

(ej, bow often a release occurs in events 

per year) 

Duration of release 

(*4» the time associated with a releas* to 

the atmosphere) 

Concentration 

(eg, th* amount of an emission stream 

constituent relative to other stream 

constituents expressed es psrts per 

million (ppm). volume percent or weight 

percent) 

Density of ine omissions streaa er average 

molecular weight 

(e.g, density expressed es fraction or 

multiple of the density of air molecular 

weight in g/g-mob) 

Boiler or process design capacity 

(e«, the gross heating valu* of fuel input to 

a boiler at its maximum tiesign rate) 

Emission estimation method 

(e.g, the method by which aa emission 

estimate haa b**a rstrnlsted such a» 

material balance, source test use of AP42 emission factors, etc) 

Percent space heat 

(e.g, the percent of fuel used for spec* 

heeling) 

Hourly maximum design rata: 

(e.g, the greatest opersting rate that would 

be expected for a source in e 1-hour 

period) 

The EPA has determined that these 

data axe emission data and releasabla 

upon request This determination 

applies to data currently hdd by EPA as 

well as to infonnation submitted to EPA 

in the future. Future requests for 

information under sections UO and 114 

of Uie CAA will indicate that these 

emission data will not be held' 

confidentiaL This determination applies 

only to the data listed in the table. 

Determinations will continue to be made 

cn e case-by-case basis for data not 

specified in this generic determination. 

After consideration of comments on 

this policy, a revised policy/ 

determination may be published. 

Dated-February* 1991. 

KfidiW Shapiro. 

Acting Assistant AdminisfatorforAirand 

Radiation. 

(FR Doc 91-4114 Filed 2-a0-«l; 8:43 am) 

(CPP-200000A; FRU3879-4) 

Request for Proposals; Rotearch and 

Development on Antimicrobial Test 

Methodology and Statistical Support 

on Exprlmtntal Design end Oata 

4inalysi«; Extension of Proposal 

Deadline) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACnosc Extension of proposal deadline. 

suMtiAjrn This notice announces the 

extension of deadline for a Request for 

Proposal that published in the Federal 

Register of December fl, 1980, The 

Request for Proposal waa published to 

solidt proposals which will result in the 

development of a reprodudble. reliable, 

and statistically valid sporiddal test 

method used to evduate the efficacy of 

antimicrobid products bearing sterilizer 

or sporiddal claims. In addition, 

proposals fbr atatistical support to 

independently evduate the 

experimental designs of projects and to 

analyze resdts fiom on-going test 

medwdology research were also 

solicited. 

OATCS: The new deadline for proposal 

submission to the Agency Is February 

*2& 1991. 

44*AORCSSSS: The original and eight 

copies must be sent to: Grants 

Operations Branch (PM-216F), 

Environmental Protection Agency, 401M 

St. SW. Washington. DC 20400. One 

copy of the original must be sent to: 

Susan Parker. Registration Division 

(H750SQ, 4Environmental Protection 

Agency. 401M St. SW, 20400. 

Application Kits may be obtained from: 

Grants Operations Branch (PM-216F). 

Environmental Protection Agency. 401M 

St. SW. Washington. DC 20460. or calk 

(202)382-5260. 

FOR FURTHIR mFORSUTtON COtlTACT: 

Susan Parker. Registration Division 

(H7S05C). Environmental Protection 

Agency. 401M SU SW. Washington. DC 

20460. Phone number (703) 557-2141. 

SUt>PUMeNTAItV IMFOmvUTUMC EPA 

Issued a Request for Proposd in Uie 

Federal Register of December 6,1990 (55 

FR S03&3). The original submission 

deadline wes January 30,1991: the new 

deadline for proposd submission is 

extended to February 28.1991. 

Dated: February U. 1991. 

Douglas O-CampC 

Director. Offlce ofPetticide Programs. 

(FR Doc 91-4120 Filed 2-20-91; 6:45 am. 

etujM coots* 

(0J>f-1S0S41j FRt-3477-61 

bnergency Exemptions 

AQCNCV: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMauurr: EPA has granted specific 

exemptions for the control of various 

pests to die seven States as Usted below 

and ona by the United States 

Deportment of Agriculture. Four crisis 

exemptions were initiated, two by li e 

• 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 

application and timing restrictions and 

reporting requirements designed to 

protect Uie environment to the maximum 

extent possible. Information on these 

restrictions is available from the contact 

persons in EPA listed below. 

OATES See each spedfic and crisis 

exemption for ita effective date. 

FOR FURTHSR USFORtlATlOM CONT AO. 

See eech emergency exemption for the 

name of the contact person. The 

following information applies to all 

contact persons: By nail: Registration 

Division (H750SC). Office of Pestidde 

Programs, tavtronmentd Protection 

Agency. 401M St, SW. Washington. DC 

20460. Office location and telephone 

number Rm. 716. CM #2.1921 Jefferson 

Davis Highway. Arlington, V A (703-

557-1806). 

•UmCMfMTAIIY WfpRSJATlOfe EPA has 

granted specific exemptions to die: 

1. California Department of Food and 

Agriculture for the use of chlorothalonil 

on mushrooms to control verticillium 

diseases: November 14.1990. to 

November 13.1991. (Susan Stanton) 

2. Califomia Department of Food ar.d 

Agriculture for die use of avermectin Bi 

on celery to control serpentine 

leafminers: November 19.1990. to 

November IS. 1991. (Libby Pemberton] 

3. California Department of Food and 

Agriculture lor the use of methyl 

bromide on carrots to control 

nematodes: December 21.1990. to 

December 20.1991. (libby Pemberton) 

4. Idaho Department of Agriculture for 

the use of pendimethalin on spearxuV.. . 

and peppermint to control kochia an: 

IO 
P.12 

Enclosure 4 

« £% % UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

| +&_&} I Office of Air Quality Planning and Standards 

\ ^yf-j 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 which .an emission source is located or in 

which records required to be maintained xmder 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: JUL 1 1 1995 

Designation Expires: August 1, 1996 

J6«n)S. Seitz J 

Director 

Office of Air Quality.Planning 

and Standards 

> l 
P.13 

Enclosure. 5 

2 £% \ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

| a^»m>j I Office of Air Quality Planning and Standards 

\ -vfaLJ1 Research Triangle Park. North Carolina 27711 

% ""^ December 1995 

SwmmaryofQAQPS 

Procedures for Safeguarding Clean Air Act (CAA) 

Confidential Business Information (CBI) 

1. PJUXSS£ 

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 OAQPS, Office of Air and Radiation, U.S. Environmental Protection 

Agency. 

2. Other Applicable 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 (June 199S 

edition). 

3. Exception; 

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

used by the OAQPS, EPA. Nothing in this document shall be construed as superseding or being 

in conflict with any applicable regulations, statutes, or policies to which EPA is subject.•' 

4. Definition: 

Confidential Business Information - Infonnation 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, confidentid proprietary, or proprietary. NX££E: These markings should 

not be confused with the classification markings of National Security infonnation identified in 

Executive Order 11652. 
P.14 

5. Background 

Section 114 (c) ofthe 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 tlran emission data) to which the Administrator lias 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 

records, report, or information or particular portion thereof confidential in 

accordance with the purposes of Section 1905 of Title 18 ofthe United States 

Code, except that such record, report, or information may be disclosed to other 

officers, employees, or authorized representatives ofthe United States concerned 

with carrying out this Aa or when relevMt in any proceeding under this Act." 

The treatment of CBI by the U.S. EPA, including data obtained under Section 114 ofthe 

Clean Air Act, is governed by Title 40, Part 2, ofthe 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 ofthe information, 

(2) the method for asserting a claim, and (3) the effect of Mure 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 authorize 

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 nile concerning the treatment of requests for 

information under the Freedom of Information Act (5 U.S.C. 552). 

6. Procedures: 

a. Request for Mormation 

Each request for infonnation made under the provisions of Section 114(a) is signed by the 

Division Director. The request includes standard enclosure "EPA's Information Gathering 

Authority Under Section 114 ofthe Clean Air Act," which was designed to meet the requirement 

of 40 CFR Part 2 discussed above. 

b. Receipt of CAA Confidential Business Information 

Upon receipt of infonnation for which confidential treatment has been requested, the 

Office ofthe Director (OD) directs the logging ofthe material and the establishment of a 
P.15 

permanent file. If confidential treatment is requested, but is not specifically marked, the material 

will be stamped "Subject to Confidentiality Claim." If part ofthe 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 Group Leader responsible for the requested 

infonnation reviews the information to determine whether it is likely to be confidential in contrast 

to being available in the open literature, whether it is emission data, and whether it likely provides 

its holder whh a competitive advantage. If the information is clearlyjiolconfidential, the Group 

Leader prepares a letter for signature ofthe Division Director, ESD, to notify the business of this 

finding. If the infonnation is possibly confidential, the Group Leader sends a memorandum to 

inform the OD, ESD, of this finding, gives a brief description ofthe material (what it is, how 

many pages, etc.), identifies it 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 CAA CBI 

is received from the owner via an authorized representative 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 CAA Confidential Business Information 

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

minimum, in a combination-locked cabinet. Nonnal procedure is to secure this information is 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 is equipped with a changeable 

combination simplex lock. The locked files are under the control ofthe OD. 

Knowledge ofthe combinations ofthe locking devices is limited to the Document Control 

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

business operations. Records ofthe locking device combination are stored elsewhere in 

conformance with the requirements ofthe EPA Security Manual. 

Combinations ofthe locks are normally changed whenever a person with knowledge ofthe 

combinations is transferred, terminates employment, no longer authorized access, or 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 may be returned no later than 4:30 p.m. on the same 

day they are removed. The intended user must sign the CBI Control Record when the file is 

checked out. 

3 
P.16 

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-authorized 

personnel. 

Storage procedures for CAA CBI by an authorized representative of EPA (see Section d. 

below) must be, at a minimum, as secure as those established for EPA offices witliin OAQPS. 

Whenever CBI is removed from the EPA files to be transmitted to an authorized representative, 

notation is placed in the file indicating what information was transmitted, the date, and the 

recipient. The authorized representative returns a signed receipt ofthe DCO. 

d. Access to CAA Confidential Business Infonnation 

Only authorized EPA employees may open a distribute CAA CBI. 

Only employees who require and are authorized access to CAA CBI 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 managed by an authorized federal 

employee. Access to the information is limited to those 'persons having a need to know in 

performing their official duties. 

The Group Leader having primary interest in the CAA CBI provides a memorandum for 

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

CBI can be requested. No person is automatically entitled to access based solely on grade, 

position, or security clearance. The names of persons granted access to CAA 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 the 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, contractors may be granted access 

to CAA 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 ofan EPA legal office, and (c) must 

return to EPA all copies ofthe infonnation (and any abstracts or excerpts therefrom) upon 

request or whenever the infonnation is no longer required for the performance ofthe work. 
P.17 

(2) The authorized contractor designated as a representative must 

obtain a written agreement from each of its employees who will have access to the infonnation. 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 find disclosure of CAA 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. 

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

employees only upon approval ofthe Director, ESD. 

Requests for CAA CBI from other Federal agencies, Congress, the Comptroller General, 

Courts, etc., are processed by the OD, ESD in accordance with 40 CFR 2, Subpart B. 

Requests under the Freedom of Information Act are handled in accordance with 40 CFR 

2, Subpart A. The Freedom of Information Act 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 CAA Confidential Business Infonnation 

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

memoranda, etc., that become a part ofthe public domain, except as provided for in 40 CFR 2 

Subpart B. 

The CAA CBI may not be summarized without the approval ofthe Group Leader 

responsible for the CAA CBI. Any authorized reproductions must be logged into the CAA CBI 

document tracking 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 CAA 

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

identify the material as CBI. 

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 CBI is expressly included. However, because 

/ b 
P.18 

industrial-data-gathering visits, plant inspections, and source testing can involve inadvertent 

receipt of CAA CBI, it is the policy of OAQPS 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 it is to be used, and how it is to be protected. A copy of this summary 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 is 

clearly identified, on an attached, colored cover sheet as "Confidential Pending Determination." 

A second copy ofthe draft trip report is 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 drafi is kept in the CBI 

"pending" file until the marked-up copy is returned by the business firm. 

When the reviewed copy ofthe 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 ofthe trip report is edited to delete the confidential information and to 

accommodate technical changes, and the trip report is issued. 

2 Attachments 
P.19 

Attachment A 

CAA CONFIDENTIAL BUSINESS INFORMATION 

CONTROL RECORD 

ft" '— '• • -

DATE RECEIVED: 

DATE OF DOCUMENT: 

RESPONSIBLE BRANCH: CONTROL NUMBER: 

DOCUMiSNT AUTHOR: 

DESCRIPTION (Providing organization, title, subjea, number of copies and number of pages) 

RETURN DATE: DESTRUCTION DATE: INITIALS: 

Each person given access to this document must fill in the infonnation below 

CHECK-OUT 

SIGNATURE 

.-

DATE TIME 

.• 

CHECK-IN 

SIGNATURE 

• 

DATE TIME 

CAA CBI Foim 1 (Rev. 6A95) 

i 
P.20 

Attachment B 

1. AUTHORIZATION FOR ACCESS TO CAA CBI IX)R CONTRACTOR EMPLOYED 

FULL NAME 

SSN 

POSITION 

CONTRACTOR 

It is the responsibility of each Authorizing Official* to ensure that the employees under his/her 

supervision who require access to CAA CBI: 

1. Sign the Confidentiality Agreement for EPA Employees 

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

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

SIGNATURE OF AUTHORIZING OFFICIAL* 

TITLE 

TELEPHONE NO. DATE 

LOCATION 

IL CONFTOENTIALITTAGraEME^ 

I understand that I will have access to certain Confidential Business Infonnation submitted to EPA or 

its authorized representatives under the Clean Air Act (CAA). This access is granted in accordance 

whh my official duties as an employee ofthe Environmental Protection Agency contractor. 

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

regulations. I understand tiiat I am liable for a possible fine of up to $1,000 and/or imprisonment for 

up to 1 year ifl willfully disclose CAA CBI to any person not authorized to receive ft. 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 Infonnation Security Manual. 

I have read and understand these procedures. 

SIGNATURE TELEPHONE NO. DATE 

DI. HAVING COMPLETE REQUIRED TRAINING AND PASSED REQUIRED 

TEST, THE ABOVE-NAMED EMPLOYEE IS HEREBY AUTHORIZED TO HAVE 

ACCESS TO CAA CBI. 

SIGNATURE CONTRACTOR/DCO TELEPHONE NO. DATE 

* Must be Contractor Management 

CAA CBI Form 3 (Rev. 6/95) 

ll