P.1 

OAR Box 1500 

Prepped by Ollie Stewart 

Document Number: 

9) ll-C-35 

Docket Number: 

A-94-52 

Printed 8/5/2008 1:51:27 PM Sheet 9 of 343 
P.2 

,vAtO Sr«, 

/ ^ \ UNITED- STATES ENVIRONMENTAL PROTECTION AGENCY 

Office of Air Quality Planning and Standards 

Research Triangle Park, North Carolina 27711 

Mr. Bob Kinman . JUu c M 

Fibercast Company 

Post Office Box 968 

25 South Main Street 

Sand Springs, Oklahoma 74063-0968 

Dear Mr. Kinman: 

This letter is to confirm a visit to the Fibercast facility 

located in Sand Springs, Oklahoma, by representatives of the U.S. 

Environmental Protection Agency (EPA) on Wednesday, July 10, 

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 18, 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 add-on control equipment present at Fibercast, 

your facility is of great importance for determining maximum 

achievable control technology for the manufacture of bulk molding 

compound (BMC) and centrifugal casting. A visit to your facility 

would assist us in assessing feasible emission reduction measures 

and the variability in BMC and centrifugal casting 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. Description of the plant itself - size, hours of 

operation, layout of production processes, types and market 

position of products manufactured, and production rate; 

2. Detailed description of the BMC, centrifugal casting, 

compression molding, filament winding, and open molding 

processes, including the application equipment used, types 

of resins, and machine parameters; 

3. Descriptions of the emissions capture and control 

system(s) and other measures used to limit emissions from 

the production processes used including their estimate of 

effectiveness (capture plus destruction); 

4. Reason(s) for venting only BMC and centrifugal casting 

emissions to the control device; and 

5. Available cost information concerning the control 

measures discussed under item 3. 

Enclosure 1 is an outline of the site visit checklist that 

EPA and PES will use during the site visit. Please note that 

some of the 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 

im 
P.4 

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. 

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. 

A 
P.5 

If you have any questions regarding this request, please 

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

Sincerely, 

m JU. 5 {-^h^*s*t-je/ 

Linda S. Herring 

Group Leader 

Coatings and Consumer Products 

5 Enclosures 

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DESCRIPTION OF PRODUCTS 

Number and types of different products 

* Production rate (annual) of each product produced 

Sizes of different products 

Market position of products produced 

PROCESS DESCRIPTIONS 

Are there any planned changes to the BMC or centrifugal 

casting production processes? For example, any planned 

process expansions or added production equipment? 

Is there anything particular about the process 

combination of centrifugal casting and BMC compounding 

that would make control devices more economically or 

technologically feasible than for any one of these 

processes by itself? 

BMC AND CENTRIFUGAL CASTING MACHINES 

Verify 16 centrifugal casting machines and 2 BMC lines 

are still operating 

* Annual resin usage (by type) for each process and 

machine 

* Please provide material safety data sheets (MSDS) for 

each resin type 

* What is the quantity (annual) of other raw materials 

besides resin used (for each process and machine)? 

Filler 

Styrene monomer 

Methyl Methacrylate 

Other additives (specify) 

* Please provide MSDS sheets for each filler and other 

additives. (We do not need MSDS sheets for styrene 

monomer or methyl methacrylate.) 

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

machine components. Dimensions and layout of capture 

system with respect to machine dimensions 

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

HAP used in raw materials 

Have you made any changes in process or choice of 

materials that reduced styrene emissions? 

C 
P.8 

RESIN MIXING AND HOLDING TANKS 

* Number, size, and types of mixers and holding tanks 

Description of material transfer to and from mixers and 

holding tanks, and mixing process 

** Extent of mixing tank covers, description of openings 

in covers, and when covers (or openings in covers) are 

open 

CLEANING 

** Description of various cleaning processes (flushing 

tanks, wiping parts, hand wiping equipment, flushing 

pump, cold cleaning for small equipment parts, etc.) . 

** Types, quantities and HAP contents of cleaning 

materials used for each process 

Have there been any changes in cleaning materials or 

planned changes? 

OTHER PROCESSES 

Any other processes at Fibercast that may have HAP 

emissions other than BMC, centrifugal casting, filament 

winding, open molding, and compression molding? 

EMISSION CONTROL SYSTEM 

** Individual air flows vented to device (for each 

individual centrifugal casting machine and BMC line) 

** Verify air flow information stated in August 4, 1995 

telecon is still accurate (see Attachment 1 to 

Enclosure 1) 

* Inlet/outlet stream temperatures 

* Heat recovery 

Problems experienced (including ductwork) 

Why system installed? 

Why are only centrifugal casting and BMC emissions 

vented to the control device? 

** What is the effectiveness of Fibercast's capture system 

on BMC and centrifugal casting? What is the specific 

design criteria for the capture system particularly for 

centrifugal casting? 

Any changes to system planned? 
P.9 

** Plant layout: distances between processes and to 

control system 

COST INFORMATION 

** Capital costs and annual costs: 

Verify control device costs provided by Mr. Moore 

(see Attachment 2 to Enclosure 1) 

Cost of capture system 

** Does venting the BMC emissions to the control device 

reduce the cost of operating the control device (e.g., 

decrease natural gas cost to run incinerator)? Or are 

electricity costs to vent BMC emissions to control 

device higher than savings in natural gas? 

* Raw material costs 

ECONOMICS 

** Profitability of centrifugal casting and BMC operation 

with the control device in place versus no control 

device. 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. 

How was capital cost of control device financed? 
10-10-1995 14:50 800 365 7473 

OCT 10 '95 10:01«1 EM DURHM1 

FIBERCAST. SA4ND SPRINGS 

/U-ZtRchr+ittrf- I 

P.10 

Prom! 

CONTACT REPORT 

Wanita Dunston, US Environmental Protection Agency 

Madeleine Strum, US Environmental Protection Agency 

Piteofronuctt August 4,1995 

£fllUac£ 

Company/Agency: Fibercast 

Telephone Number (918)245-6651 

kJtlf.Ut, zmw 1 J 

CONTACT SUMMARY 

Notes prepared by Wanita Dunston. 

As per attachment (Auguit 2 fix from Bob Kinman to Wanita Dunston), the following 

questions/comments were discussed during a telephone conversation: 

• MAY ANY OF THE INFORMATION DISCLOSED IN THE ATTACHMENT BE 

REFERRED TO AS XONFIDE>nriAL BUSINESS INFORMATION'7 (MR 

KINMAN WAS INFORMED THAI THE CONTENTS OF THISCONTACT 

REPORT, AS WELL AS THE ATTACHMENT WILL BE INCLUDED IN THE 

DOCKET). 

• Mr. Kinman cited the following as "confidential business information" (CBI): A. 1, the 

response to question 1, regarding their specific process is CBI because h is unique, it is 

tiieir prim»iry process, and they are the only one who does this on pipework; the pipe ai 

given in AP; and Alp, which gives information about 

Per conversation with Mr. Kinman, the attachment hu been converted into a non»CBI 

form, by darkening out -i) confidential information. A9 and A10 are no longer considered 

as "confidential" and will be included in die non-CBI version for inclusion in the docket. 

The non-CBI form is attached, for his approval, along with this contact report The CBI 

version is on file in the OAQPS CBI offlce. 

• COULD I HAVETHE NAME AND NUMBER OF THE STATE PERMITTING 

AGENCY WHERE YOUR EMISSION TEST REPORT WAS SENT? (I WOULD 

LIKE A COPY OF THE REPORT). The person on site was Glen Cutleberry with Tulsa 

City/County Health Department, his phone number is (918) 744-1000. Air Quality 

Division Director for the county agency is Ray Bishop. The testing was done April 1992. 

• IN Al., IT IS STATED THAT CAPTURE EFFICIENCY HAD NEVER BEEN 

CALCULATED. WOULDN'T IT BE 100% SINCE THERE IS A SINGLE EXHAUST 

DUCTED TO THE CATALYTIC INCINERATOR? IS IT "HARD PIPEDM? No, the 

CafltkrlmZ 

JCj\r>Ntf 

1 
P.11 

10-10-1995 14:51 800 365 7473 FIBERCAST. SAND SPRIGS P.03 

QCrtB '95 le'-BZm £P* DURHAM P.3/6" 

• r 

capture efficiency is unique. We went back in and redesign^ the hoods. They were 

sealed shut, and to do capture effidency on the whole process would be too expensive. 

The machine sits in a building of approximately 96000 ft1. The Sute (an EPA region 6) 

waived the responsibility of calculating capture effidency. WOULD IT BE 100%? Bob 

replied thai

 MIt could be." 

• IN A3., IT IS STATED THAT THE "VOLUMETRIC PLOW RATE IS VARIABLE..." 

WE WOULD LIKE TO KNOW THE MAXIMUM, MINIMUM, AND AVERAGE 

NUMBER OF UNES VENTED AT A TTME, AND THE CORRESPONDING 

VOLUMETRIC FLOW RATES. Epoxy resin grade hu no listed HAPs in the resin itsalt 

it exhausts to atmosphere. A manual swheh opens so that the operator can switch exhaust 

to oxidizer or to the atmosphere. Epoxy emissions could diminish tha catalysts in the 

catalyst bed. Vinyl ester is vented to the incinerator for the styrene emissions. 

• IT IS STATED THAT THERE ARE 16 CENTRIFUGAL CASTING MACHINES; 

HOW MANY BMC LINES EXIST AT YOUR PLANT? There are 16 machines, an 

average of 6 are vented to the incinerator. For BMC, there is one line thet uses strictly 

vinyl ester for compression molding, and this one is vented to the incinerator at all times. 

The other line is strictly for epoxy resins, so there is a total of 2 BMC lines. 

• IN A6., THE INLET AND OUTLET CONCENTRATIONS OF STYRENE ARE 

. GIVEN. HOW MANY CASTING MACHINES WERE VENTED (TO OBTAIN 

THESE VALUES) AND WHAT IS THE CORRESPONDING VOLUMETRIC FLOW 

RATE? The average inlet concentration<-2750 ascfm, the average outlet concentration** 

5600 ascfm, and the corresponding volumetric flow rate is (WHAT IS THE 

CORRESPONDING VOLUMETRIC FLOW RATE?) HOW MANY LINES ARE 

BEING VENTED TO THE INCINERATOR FOR THIS TEST? All 16 casting machines 

and one BMC line are bang vented for this test The casting machines account for 75% 

of the company's emissions. 

• IN A7., THE STATEMENT IS MADE "UNCLEAR AS TO WHAT IS MEANT BY 

APPLICATION? THEAPPLICATTONDURINGTHECEhrTRIFTJGALCASTING 

PROCESS CONSIST OF REINFORCEMENTS AND RESIN BEING DEPOSITED 

AGAINST THE INSIDE SURFACE OF A ROTATING MOLD, AND CENTRIFUGAL 

f FORCE HOLDS THE MATERIALS IN PLACE UNTIL THE PART IS CURED. IN 

!

 LIGHT OF THIS DEFINITION, THE ANSWER TO MY QUESTION ABOUT 

• WHETHER OR NOT THE APPLICATION IS CONTROLLED WOULD BB "YES". 

The run time is 60 minutes for one pipe and it is totally cured within the mold. 

• WHAT QUANTITY OF RESIN GOES TO EACH LINE (U , WHAT % OF THE BMC 

. PROCESS IS CONTROLLED)? It varies. For the 1 inch pipe size, an average of 5 lbs of 

. resin is used; for the 14 inch pipe, an average of 74 lbs of resin is used; the quwtity of 

resin used depends on the length ofthe pipe and the wall thickness. A brochure will be 

.. sent to Wanita, giving information about corrosion resistance, resin content, weights, etc. 

t . 

ff .*.*.. '•• "-*'.' 

'O 
10-10-1995 14:51 800 365 7473 

OCT 10 '95 10J02fiM EPO DURHRM 

P.12 

FIBERCAST. SAND SPRINGS 

H.W* 

ADDITIONAL QUESTIONS , 

• "" .- • . 

1. For the inlet and outlet coneenrrations given in the August 2 fax, what was the 

corresponding volumetric flow rate? '' ^ n\'«Jtl?:*. o^Olai£©$ ' »SC£H> 

• mmi_ ,..;.: v.. '..**-**-' ' Duilet i 5Hz.2-aa^ *\CFK. 

•...••. . 

2. Attached is the non-CBI form of the August 2 fax; may this version be included into the 

docket for public use? V ^ 

3. What was the capital cost assodated with the oxidizer, and what are the annual operating 

costs for its usage? CfcPit* l C«*+ 8 ^ *SO,OOQ .a o 

c^p«rcdliA«\ CjsnfYt btcTK VATiikoa.! IcJale 

4. In the Introduction to Composites Reference Handbook, Third Edition, centrifugal casting 

is defined as a production technique for fabricating cylindrical composites, such as pipe, in which 

composite materid is positioned inside a hollow mandrel designed to be heated and rotated u 

resin is cured. The outside surface ofthe part is the "finished" surface. 

information is accurate: 

Bob Kinman 

Attachment 
10-10-1995 .14:52 800 365 7473 

.^•ilV&sl0'

O^eSWSft 

P.13 

FIBERCAST. SAhD Jj^R14NGS 

FIBERCAST. SANO SPP1N03 H

*?Sfc/«r 

cj^tz-at-oj) 

rteepcnae to quasttone from: U.B. tavlmmental Protection Agency, 

Office of Air QuaMy Planning a Standard* 

Rnaanh Ttiengie Pet*, N.C. 

Q I . WeworjkL1^tottii^ent44wdtteeBatrifi^oaa^ 

tbe eaisdon .antral work Ibr t<tts process (eg* is thmahc^.iadifsa,whetisthe 

seemlaBlpnlesSngdone? la them a report ev«SaMe7 

s^j / A. 2. Yea.eml.uIonlBattrigwaepertWTned OV1(V10tt Ye^ereixrtwMaui«T«edtotf»looaJ 

i>x".o . . .*^tjttrteiBg.-iaitofl*vr^*<Mfte*w 

QjNWhat ta the * ^ metric flow »to through the conra«4evtoe(bppai,A3/m)? 

A3. IhontefeveytebKatowftdepa^MteiurnMor 

tactoamtor. 

Q4. Hfiwogwpeafl.Mym^cWQeac<ornas^ 

point tmnQ wraed to the exlotor)? 

A.4. Ne.thBtyBtamtaffM.terMae'MaaeiuplnlfiaaL 

i 

QGL Aieal the BMC »hea.son!rtilWOa.ta Warn mere than a»n£wfl.Y»)? What about tor 

eenttmxjfal cairAnQ? 

AS. Or»>%MCt)natoc«itro0e«. A)l16orttooanHtooa)ou 

QQ. VVhMUttetrM.w'^.wtfsrtlGnc^etyn^^ 

A S. Intel concentration of atyivne 

Ouflit ooncentfsUon of e 

• *V 
• • • • TM~gZ^ * :5 ? 80 0 36 5 7473 riS^S

^M&NQs 

P.14 

r.*W& 

Q7. ferth«oei*«JE\*^oaettiOp«co^ 

A7. CuitoQtaeejrtreleoX'UnofeejBete^ 

Qft. CouWwahaveB^phemrMjrnoe/terAno^ 

A a, Ant>jllErwtoimon,W8yetm^ 

Qft «eroar4i1ft^csiatlnB,viheAarati>eiw 

tdcknaas)? 

AO. npeBt.tBa:llr^-i4tnctiolamttor 

WMThlckneae: 0M-O640lnchea 

pipe.Ungih: 201Ltiominale 

Q10. T H ue about the caret-tan resistance of toerteln? 

A10. The .^einiu.^ to-rieke the TOEJV^T produa 

and .Cpoxy). The Vinyl Eatore ate recommended ^.*nc«tholhtotycJitorinated.wid 

eddfciT^Muptoir&e^cfaeeFendmB^ They KI M 

Mph Impact end ahrwaton leaisttnoe catrtilflee pkia eirelant spin, bttmt and tonate 

atrengtha. ItvEpcMyiealmhieeomirwie^dtoresnsMyN 

and eoRoaK* oomWraUona att trjHiponfcm up to 2tt decrees F. 

Q11. Wtial to mearu by 'acmp wain aftnad le Incinerator* atolentoM(rataWtooanbAlQej 

caatlno)? 

A11. At1hetfcnaRBERCA8TCC4IPAWeftffl^ 

any astap natae generated to be ptooad under • exhaust hood Mwouto .alow Viewport 

toventtothelncinemtoraau^enttlertalpdynwtad. However, we chwqed fte opemttan 

rmd required Ua to be ptacre^ en .buckeWoruma 

emissions from scrap realne. 

Q n la H poaslble to only use epoxy lesln, ln place ol vinyl eater feelnf What are Iha 

amitottona? 

A12. No,tliBOorrMtonclw«jetortsttoae4«iem^ 

totorctionoad. 

•• ;iv. •.'•.iV'.'i---. 
P.15 

A-M-bU 

CONTACT REPORT FORM 

PES PROJECT NO. N204 

Date Company Contact Phone 

06/17/93 Fibercast Larry Moore (918) 245-6651 

Sand Springs, OK 

Description 

Fibercast has a catalytic incinerator installed for styrene (1992) which 

involves 18 machines. Centrifugal pipe is manufactured at the facility. 

The installation cost was $795,000 and annual operating costs are $40,200. 

The destruction efficiency 1s about 97% and the unit eliminates 68.8 tons/yr. 

[Cost of control with a 20 year life - $l,162/ton] The facility had a good 

exhaust system even before the Incinerator (10 ppm styrene) for worker 

environment. The outside release to the environment was the driving force (of 

styrene only; no other HAP 1s controlled). The 18 lines are hard ducted (closed 

system) to the device. Mr. Moore said that the Regional EPA (VI) 1s very 

Involved in State Regs, for Oklahoma. 

Action: Called State of OK to get copy of Polyester Resin Regulation. (Doyle 

McWhirter, (405) 271-5220). 

/-| 
P.16 

Enclosure oL 

EPA's Information Gathering Authority 

Under Section 114 of the Clean Air Act 

Under Section 114 ofthe Act (42 U.S.C. 7414), Congress has given the 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) detennining whether any person is in violation of 

any such standard of any requirement of such a plan, or (iii) carrying out any provision of diis 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 infonnation reasonably required for die 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 dutt section even if you 

consider it to be confidential. You may, however, request mat 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 mat die information is not entitled to confidential treatment4 Procedures to be used for 

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

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

Register 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 determined 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(e)(4) of EPA's FOIA regulations: 

1. Measures taken by your company to guard against undesired disclosure of die infonnation to others; 

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

connection therewith; 

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

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

4. Whether your company asserts diat disclosure of die information would be likely to result in 

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

wiry 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 

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

IT (Rev. 12/8/95) 
7042 

. ENCLOSURE 3, 

Federal Register / VoL 56. No. 35 /Thursday . February -21. 1991 / Noticea 

p.n 

Dated: February 14.1981. 

FaulUpsky. 

Director. Regulatory Management Division. 

(FR Doc 91-4113 Filed Z-20-OT; 8:45 am] 

•tUMOCOOt 

(AO-FBL-3908-31 

Disclosure of Emlsalon Data Claimed 

sa Confidential Under Soctiona 1 to 

and 114(e) of 3* Clean Air Act 

AOINCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of policy on public 

release of certain emission data 

submitted under sections 110 «tnd 114(c) 

of ihe Qean Air Act (CAA). 

MMMARV: Section 114(c) of the CAA 

excludes emission data from the general 

definition of trade secret Information. 

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 as 

confidential pursuant to section 1905 of 

title 18 of the United States Code. This 

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. 

OATtS: Written comments pertaining to 

this notice are requested by April 22, 

1991. 

ASOMMSS: Submit comments to: Nancy 

D. Riley. US. Environmental Protection 

Agency. Emission Standards Division. 

Pollutant Assessment Branch (MD-13), 

Research Triangle .Park. NC 27711. 

i*ra«iknmT>«a«ti«4H>m4UTraNCONT4«cT: 

Timothy Mohin (telephone (919) 541-

S349 commerdal/FTS 629-6349) or 

Karen BUnchard (telephone: (919) 541-

5503 commerdal/FTS 629-5503). 

Pollutant Assessment .Branch (MD-13). 

Emission Standards Division: or Thomas 

Rosendahl (telephone: (919) 541-8404 

commerdal/FTS 629-5404). National Air 

Date Branch (MD-14L Technical 

Support Division: U.S. Environmental 

Protection Agency. Research Triangle ' 

Park. North Carolina 27711. 

SUPTLZMCIfTAftY INFOMIATIOSC The EPA 

routinely uses the authority of sections 

UO and 114(a) of tha CAA to gather 

technical infonnation from industries 

involved in operations that lead to 

emission of pollutants to the ambient 

air. This infonnation has been used, 

among other things, to better 

characterize emitting facilities and to 

evaluate the need for and impacts of 

potential regulation. 

information requests under sections 

110 end 114(a) cf the CAA typically 

i.irluie questions on uncontrolled and 

controlled emission ratea and emission 

parameters of the pollutant or group of 

pollutants 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 ihe 

Administrator hu 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 SUtes Code* * Vl f 

the Administrator so determines, the 

information is not dlsdosable to the 

public. 

However, section 114(c) of the CAA 

provides diat information daimed to be 

• trade secret but which constitutes 

emission data may not be withheld aa 

confidentiaL Although typically the EPA 

evaluates whether information 

constitutes emission data oa 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 infonnation which 

the EPA generally considers to be 

emission data, and which cannot qualify 

as confidential under dlher section 

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

CFR 5U2L SU22 and SU23) of the 

CAA. The EPA is Issuing this notice to 

clarify its policy and procedures, to 

fadUUte the use of these data in 

automated data systems and computer* 

based simulation models, and to 

expedite processing of claims for 

confidentiality or requests far 

disclosure. 

The EPA presently determines that 

data submitted to it as emission data 

doee not qualify as confidential if it 

meets the following definition under 40 

CFR2J01(a)(2)(l): 

a. Definitions. For the purpose of this 

section: (1) Act means the Qean Air 

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

(2)(1) Emission data means, with 

reference to any source of emission of 

any substance into the air— 

(A) Infonnation n<sttssary to 

determine the identity, amount, 

frequency, concentration, or otiier 

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 

(including, to the extent necessary for 

such purposes, a description of the 

manner or rate ol 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 (Including, to the extent 

necessary for such purposes, a 

description of the device, Installation, or 

operation constituting the source). 

The table below lists 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 an 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. 

EmlasiM Data Fields 

Fadlity Identification: Tha fallowing data 

fields are needed to establish the Identity and 

locatioa of emission sources, this shall also 

Indude e description er aa Identifier of the 

device, installatioa. or operation constituting 

the source. Theee data an used to locate 

source* for dispersion evaluation and 

exposure nwdellng. 

Plant Name and related point Identifiers 

Address 

City 

County 

AQCR (Air Quality Control Region) 

MSA PMSA. CMSA (Metropolitan Statistical 

Areas) 

Sute 

Zip Code 

Ownership and point of contact Information 

Locational Identifiers: 

Uutute k UmgitwK or UTM Grid 

Coordinates 

SIC (Standard Industrial Classification) 

Emission point, device or operation 

description. Information 

SCC (Source Ctassiflcatlon Codes) 

Emissions Parameters: Tha following data 

fields are needed to establish the 

characteristics of the emissions. This 

Information is needed tor the analyse* of 

dispersion and potential control equipment. 

Emission type 

(e.g. nature of emissions such as COi). 

particulate or a specific toxic compound, 

and origin of amissions such as process 

vents, storage tanks or equipment \e-k-\ 

Emission rate 

^£P 
P.18 

Federal Register / VoL 56. No. 35 / Thursday. February 21. 1991 / Notices '"043 

Je-g. the snujunt released to th* 

atmosphere over time such aa kg/yr or 

lbs/hr) 

Release height 

(e.g. height above ground level where the 

pollutant is emitted to the atmosphere! 

Description of terrain and surrounding 

structures 

(e.g- th* size of the area assodated with 

adjacent structures in square meters and 

terrain descriptions such aa 

mountainous, urban, or rural) 

Stack or vent diameter at point of emissions 

(e.g„ tha inside diameter of vent at tha 

point of emission to the atmosphere In 

meters) 

Release velocity 

(*4, velocity of release in m/sec) 

Relet** temperature 

(«.g. temperature of release et point of 

release in degree* Kelvin) 

Frequency ef rel««** 

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

per year) 

Duration of release 

(e.g, the time associated with a releas* to 

tlw atmosphere) 

Concentration 

(eg. the amount of aa emission stream 

constituent relative to other stream 

constituents expressed aa parts per 

million (ppm). volume percent or weight 

percent) 

Density of the emission* stream or average 

molecular weight 

tea. density expressed aa fractioa or 

multipl* of tha density of ain molecular 

weight ba g/g-mole) 

Boiler or process <iesign capacity 

(ea. the grots heating valu* of fuel input to 

a boiler at Ita maxiamm design rate) 

Emission estimation method 

(e-g. tha method by which aa emission 

estimate haa been calculated such as 

material balance, source test us* of AP42 emission factors, etc) 

Percent space heat 

(e.g. the percent of ruei used fbr space 

heating) 

Hourly maximum design rate: 

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

be expected for a source in a 1-hour 

period) 

The EPA h u determined that these 

data are emission data and releasable 

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 110 and 114 

of the 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 a 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. 

MiduMl Shapiro, 

Acting Assistcmt Administrator for Air and 

Radiation. 

(FR Doc 91-4114 Filed 2-80-91:8:49 am) 

auiM COM assa-«»4i 

(CPP-200000A; FRL-W79-41 

Request for Proposals; Research and 

De^etopoMnt on AntimteraMai Teat 

Methodology and Statistical Support 

on Experimental Design and Data 

Analysis; Extension of Proposal 

Deadline 

AGENCY: Environmental Protection 

Agency (EPAL 

ACTiotc Extension of proposal deadline. 

SUMMARY: This notice announces the 

extension of deadline for a Request for 

.Proposal that published in the Federal 

Register of December 6.1990. The 

Request for Proposal was published to 

solidt proposals which will result In the 

development of a reprodudble. reliable, 

and statistically valid sporiddal test 

method used to evaluate the efficacy of 

antimicrobial products bearing sterilizer 

or sporiddal claims. In addition, 

proposals for statistical support to 

independently evaluate the 

experimental designs of prefects 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. 

: The original and eight 

copies must bo sent to: Grants 

Operations Branch (PM-218F). 

Environmental Protection Agency. 401M 

SU SW. Washington. DC 2046a One 

copy of the original must be sent t a 

Susan Parker. Registration Division 

(H750SC). Environmental Promotion 

Agency. 401M St. SW. 20460. 

Application Kits may be obtained from: 

Crants Operations Branch (PM-216F). 

Environmental Protection Agency. 401M 

SU SW. Wasliington. DC 20460. or call: 

(302)382-5266. 

FOR FUrrrHU IMFOfttlA-nON CONTACT 

Susan Parker. Registration Division 

(H750SC). Environmental Protection 

Agency. 401M SU SW. Washington. DC 

2016a Phone number (703) 557-2141. 

SUPPLEMENTARY IMFOflMAT30N: EPA 

issued a Request for Proposal in the 

Federal Register of December 6,1990 (55 

FR SOUS). The original submission 

deadline was January 3 a 1991: the new 

deadline for proposal submission is 

extended to February 28.1991. 

Dated: February 12.1991. 

DougtaeD.Caeapt, 

Director. Offlce of Pesticide Programs. 

(FR Doc 91-4120 Tiled 2-20-91:8:43 am. 

•HUM coot MSS-SO* 

[0Pf-18C44l; FRL-3877-8) 

Emergency Exemptions 

AOCNCV: .Environmental Protection 

Agency (EPAL 

ACTlOsc Notice. 

SUMMARY: EPA has granted spedfic 

exemptions for the control of various 

pests to the seven States as listed below 

and one by the United States 

Department of Agriculture. Four crista 

exemptions were initiated, two by the 

• Florida Department of Consumer 

Services and two by tbe 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 tiie environment to the maximum 

extent possible. Information on these 

restrictions is available from the contact 

persons in EPA listed below. 

DATES: See each spedfic and crisis 

exemption for its effective date. 

ran fMrrKCR INFORMATION CONTACT . 

See each emergency exemption for the 

name of the contact person. The 

following infonnation applies to all 

contact persona: By mail: Registration 

Division (H750SCL Office of Pesticide 

Programs, .Environmental Protection 

Agency. 401M SU SW. Washington. DC 

20460. Office location and telephone 

number Rm. 716. CM tz. 1921 Jefferson 

Davis Highway. Ariington. VA (703-

557-1806). 

SUmCMCNTAIIY WrFQRMATlON: EPA has 

granted specific exemptions to the: 

1. Califomia Department of Food and 

Agriculture for the use of chlorothalooil 

on mushrooms to control verticillium 

diseases: November 14.1990. to 

November 13.1991. (Susan Stanton) 

2. Califomia Department of Food and 

Agriculture for the use of avermectin Bi 

on celery to control serpentine 

leafminers: November 19.1990. to 

November 18.1991. (Libby Pemberton) 

3. Califomia Department of Food and 

Agriculture for the use of methyl 

bromide on carrots to control 

nematodes; Decxmber 21.1990. to 

December 20.1991. (Libby Pemberton) 

4. Idaho Department of Agriculture for 

the use of pendimelhalin on spearxuv . . 

and peppermint to control kochia an: 

/ / 
P.19 

Enclosure 4 

4****% UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

3 Office of Air Quality Planning and Standards USyVKr^-i & * Research Triangle Park. North Carolina 27711 

\ «oi^ 

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 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) (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 l, 1996 

Seitz J 

Director 

Office of Air Quality Planning 

and Standards 

< / 
P.20 

Enclosure. 5 

.<*0 Sr,. 

*/ r> 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

| Office of Air Quality Planning and Standards 

Research Triangle Park. North Carolina 27711 

December 1995 

Summary of OAQPS 

Procedures for Safeguarding Clean Air Act (CAA) 

Confidential Business Information (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 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 Confidenti.il 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 t>e construed as superseding or being 

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

4. Definition: 

Confidential Business Information - Information claimed by the provider to be 

confidential. This infonnation may be identified with such titles as trade secret, secret, 

administrative secret, company secret, secret proprietary, privileged, administrative confidential, 

company confidential, confidenti.il proprietary, or proprietary. NOTE: These markings should 

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

Executive Order 11652. 

n 
P.21 

5. Background 

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

"Any records, reports, or infonnation 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 wtiich 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 

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 infonnation may be disclosed to other 

officers, employees, or authorized representatives ofthe United States concerned 

with carrying out this A a or when relevant 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 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 infonnation to authorize 

representatives; (3) contain provisions for the release of infonnation to the Congress, Comptroller 

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

disclosure of infonnation 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. Request for Mormatiop 

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," wtiich was designed to meet the requirement 

of 40 CFR Part 2 discussed above. 

b. Receipt of CAA Confidential Business Information 

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

Office ofthe Director (OD) directs the logging ofthe material and the establishment of a 
P.22 

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 

information 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 with a competitive advantage. If the information is cleariyjioLconfidential, the Group 

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

finding. If the information 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 materid. 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 infonnation 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 infonnation 

(except as noted below) is freely releasable. 

asm 

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. Normal 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 whh 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 
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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 within 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 Information 

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 infonnation 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 detennined 

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 information is no longer required for the performance ofthe work. 

-7 
P.24 

(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 and 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 Infonnation 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 Information 

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 

^3 
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 draft 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 

6 
P.26 

Attachment A 

CAA CONnDENTIAL BUSINESS INFORMATION 

CONTROL RECORD 

1 DATE RECEIVED: 

DATE OF DOCUM.ENT: 

RESPONSIBLE BRANCH: CONTROL NUMBER: 

DOCUMENT 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 information below 

1 CHECK-OUT 

1 SIGNATURE 

| 

I 

.• 

DATE TIME 

.' 

CHECK-IN 

SIGNATURE DATE TIME 

CAA CB! Form t (Rev. 6/95) 

7 
P.27 

Attachment B 

1. AUTHORIZATION FOR ACCESS TO CAA CBI FOR CONTRACTOR EMPLOYEES 

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 diat CAA CBI required to perform their official duties 

SIGNATURE OF AUTHORIZING OFFICIAL* 

TITLE 

TELEPHONE NO. DATE 

LOCATION 

0 . CONFIDENTTALnY AGREEMENT FOR CONTRACTOR EMPLOYEES 

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 ex 

regulations. I understand that 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 it In addition I 

understand that I may be subject to disciplinary action for violanon 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 

m . HAVING COMPLETE REQUIRED TRAINING AND PASSED REQUIRED 

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

ACCESS TO CAA CBL 

SIGNATURE CONTRACTOR/DCO TELEPHONE NO. DATE 

* Must be Contractor Management 

CAA CBI Form 3 (Rev. 6/95) 

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