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OAR Box 1833 

Prepped by Keeia Richards 

Document Number: 

138) l-C-29 

Docket Number: 

A-88-02 

Printed 11/14/2008 11:01:32 AM Sheet 138 of 172 
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' ^ -. UN-TED STATES ENVIRONMENTAL PROTECTION AGENCY 

A-88-02 

X-C-ZR 

.SB/ Office of Air Quality Planning and Standards Research Triangle Park, North Carolina 27711 

1 3 DEC 198S 

Mr. Matt Caton 

E.T_\c___sniB_rTtal Engineer a w_r__ 

Urfiln P.u.e_* ;$ ^ 81W 

Pos. Office Box 723 m 

Apes, Ncrth Carolina 27532 

Dea-

 w.r. Caton: 

As you may know, the United States Environmental Protection Agency (EPA) 

intencs t o add eitner cnronriun or hexavalent chromium to the lis t of hazardous 

a i r poV.utants under Section 112 cf the Clean Air Act, as amended, August 1977. 

A p-eTirrinary assessnerrt has identifie d several categories of stationary 

sou-ces as emitters nf significant quantities of chromium t o the atmosphere 

amc fo r which the praposal of national chromium emission standards seem 

war-anted. Included annorg these source categories i s chromium electroplating 

f-on corventional ch-orrric acid baths. Because the preliminary assessment 

ft>c:sed primaril y on chromium electroplating from conventional baths, EPA 

i s continuing t o gat*er tac<g-ounc information on other plating and metal 

flirshtr g operations or processes which use chromium. This information 

wil" be used t o de"emrfne wnether chromium emission standards for other 

platin g or netal finfstelrg operations are warranted. To develop thi s 

iif-r-maticn , represe-tat-'ve plants which use these operations wil l be 

1 DC.ted and visited . 

"rr's lette r i s to ccnfira ou- visi t t o the Lufkin plant located in Apex, 

North Carolina, on Decemter 19, 1935. The visi t was scheduled by Mr. Charles 

hasten :f Midwest Research Institut e (MRI) in a telephone conversation 

wit* vo: on December ID , 19-35. We expect to arrive at your office about 

9-OJ e.n. In ac_it:i_n tc nrysel*, the visitor s wil l include Ms. Cynthia 

_ow:- vo'rce and Mr. VI Vervae~t o~ EPA, and Messrs. Randy Strait and 

-este - :f MRI. 

ju-ir g the visi: , we wisn t o tour the trivalen t chromium electroplating 

fac;l-'t-'es at the plant . This wil l be our firs t exposure to the plating of 

plasti c and trivalen t chromiuTi slating . Emphasis wil l be placed on learning 

assort t*e operations, fd*-Ytifyfng potential emission points of chromium, 

en: caferin g irfcn.it " or cn the resign and performance of control devices 

pr rt'-s* r:ees:-res _::l"ec t c the :o-tro l of chromium emissions. 

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The authority for EPA's information gathering and source testing is 

included in Section 114 of the Clean Air Act (42 U.S.C. 7414). Enclosure 1 

contains a summary of thi s authority. I f 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 wil l be protected 

under 18 U.S.C. 1905. I f no claim of confidentiality accompanies the 

information when i t i s received by EPA, i t may be made available to the 

public by EPA without further notice (40 CFR Part 2.203, September 1, 1976). 

All emission data, however, wil l be available to the public. 

EPA has contracted with MRI (Contract No. 68-02-3817) to obtain 

information pertinent to stationary source categories which emit chromium. 

Thus, as noted in Enclosure 2, MRI has been designated by EPA as an authorized 

representative of the Agency. Therefore, MRI has the rights discussed above 

and in Enclosure 1. As a designated representative of the Agency, MRI is 

subject to the provisions of 42 U.S.C. 7414(c) respecting confidentiality 

of methods or processes entitled to protection as trade secrets. 

Enclosure 3 summarizes Agency and Emission Standards and Engineering 

Division policies and procedures for handling privileged .information and 

describes EPA contractor commitments and procedures for use of confidential 

materials. I t i s EPA's policy that conpliance by an authorized representative 

with the requirements detailed in Enclosure 3 provides sufficient protection 

for the rights of submitters of privileged information. 

The following policies concerning liabilit y should also be of interest 

to you: 

1 . I f a Federal employee is injured in the course of his employment, 

he has compensation coverage from the Government under the Federal 

Employees Compensation Act (5 U.S.C. 8108 et seq.); and 

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

injury to third parties occurs, the Federal Tort Claim Act (28 U.S.C. 1346) 

provides a means of fixing any liabilit y upon the Federal Government. 

The Office of General Counsel, EPA, has informed the Agency that 

a firm may not condition EPA's "right of entry" upon consent to a waiver 

of liabilit y and has instructed employees not to sign such waivers. I f 

you have any questions regarding this refusal, please contact Mr. Donnell L. 

Nantkes, Office of General Counsel, at (202) 382-5460. 
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If you have any questions regarding this visit please contact 

Wr. Cha-les Hester _t (919) 781-5750 or Mr. Al Vervaert at (919) 541-5601. 

Sincerely, 

\kznu^, Cl. (siensJLt*~Stanley T. Cuffe, Chief 

Industrial Studies Branch 

Emission Standards and 

Engineering Division 

2 Eiclosures 

3-
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Docket No. A-88-02 

Subcategory I -C 

The enclosures to this document are identical to the 

enclosures in docket item No. I -C- / 

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