OAR Box 1500 

Prepped by Ollie Stewart 

Document Number: 

14) ll-C-40 

Docket Number: 

A-94-52 

Printed 8/5/2008 1:51:27 PM Sheet 14 of 343 

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A-94-52 

I-c-40 

I SIS J 

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

Office of Air Quality Planning and Standards 

Research Triangle Park, North Carolina 27711 

JUL I 5 1996 

Mr. Erwin T. Raphael 

Manager, Environmental Affairs 

Navistar International __ 

Post Office Box 28183

 PA AIR

 °O0KPColumbus, Ohio 43228-0183 

Dear Mr. Raphael: 

This letter is to confirm a visit to the Navistar facility 

located in Columbus, Ohio, by representatives of the U.S. 

Environmental Protection Agency (EPA) on Wednesday, July 24, 

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

Dr. Kenneth Meardon, Ms. Melanie Proctor, and Mr. Dan Scheffel of 

Pacific Environmental Services, Inc. (PES). As discussed in a 

letter sent to you on June 25, 1996, Mr. Emery Kong, of the 

Research Triangle Institute, may also attend. 

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 Navistar, 

your facility is of great importance for determining'maximum 

achievable control technology for the manufacture of sheet 

molding compound (SMC), particularly^with regard to new sources. 

A visit to your facility would assist us in assessing feasible^-, 

emission reduction measures and the variability in SMC 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: 
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. 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 SMC and painting processes, 

including the application equipment used, types of resins 

and coatings, spray booth jpd machine parameters; 

3. Descriptions of the emissions capture and control 

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

the SMC and painting processes, including estimate of 

effectiveness (capture plus destruction); 

4. Reason(s) for venting SMC and painting 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 

attempt to provide as much of the information as possible for 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 discussfeti 

in the enclosure. Any information subsequently determined to ">s 

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 

2. 
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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 i,s 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. Adan Schwartz, Office of General Counsel, at ^s 

(202) 260-7632. 

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If you have any questions regarding this request, please 

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

Sincerely, 

^ ^ S- >4^ ^ 

Linda S. Herring 

Group Leader 

Coatings and Consumer Products 

5 Enclosures 

**4 

4 
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Enclosure 1 

SITE VISIT - Navistar COMPANY 

The EPA is attempting to determine the ways in which plastic 

composites manufacturing operations vary from one to another. 

We need to better understand the SMC process and the parameters 

(such as SMC machine size, design, process combinations, etc.) 

that could affect the technical'1 and economical feasibility of 

applying air emission controls. We understand that Navistar 

vents SMC and coating emissions to the control device and we 

would like to determine the economical feasibility of using the 

control device without emissions from coating operations. In 

addition, the site visit should provide information about the 

effectiveness and specific design criteria of Navistar's capture 

system. To help ensure that we cover all areas that may affect 

the feasibility of applying air pollution controls at facilities 

with SMC operations and their economic impacts, we have developed 

a detailed list of information that we would like to review with 

you during our visit. We have grouped this information into 

several major topic areas to help organize the material. 

GENERAL PLANT INFORMATION 

Size of business 

No. employees at facility 

Hazardous air pollutant (HAP) emissions at facility 

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 SMC production 

process or the coating operation? For example, any 

planned process expansions or added production 

equipment? 

1 

s 

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Is there anything particular about the process 

combination of SMC and coating that would make control 

devices more economically or technologically feasible 

than for any one of these processes by itself? 

Is SMC, compression molding, and prime coating a common 

process combination among facilities producing products 

for the transportation industry? 

SMC MACHINES *" 

Number of SMC machines 

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 total 

enclosures with respect to machine dimensions 

Data on emission rates 

Have you made any changes in process or choice of 

materials that reduced styrene emissions? 

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 openin^j 

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

open 

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CLEANING 

PAINTING 

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? 

Data to determine annual emissions such as types of 

paints, quantities, volatile organic compound (VOC) and 

HAP contents. 

Is painting done in paint booths? Hours of painting 

operation. 

OTHER PROCESSES 

Any other processes at Navistar that may have HAP 

emissions other than SMC, compression molding, and 

painting? 

EMISSION CONTROL SYSTEM 

Type of VOC control device and name of the manufacturer 

Individual air flows vented to device (for each 

individual SMC machine and spray booth) and 

concentration (ppm) of VOC from each process 

If air flows vary, give maximum, minimum, and typical 

air flow and concentration combinations 

Inlet/outlet stream temperatures 

Heat recovery 

Problems experienced (including ductwork) 

Why system installed? 

What is the effectiveness of Navistar's capture sysflejpti 

on SMC and coating? What is the specific design v 

criteria for the capture system? 

Any changes to system planned? 

Plant layout: distances between processes and to 

control system 

~^h 
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COST INFORMATION 

ECONOMICS 

Capital costs and annual costs: 

Verify control device costs provided 1993 survey 

(see Attachment 1 to Enclosure 1) 

SMC machines 

Total enclosures 

Painting operations (paint booth and application 

equipment) 

What would be the cost effectiveness of venting only 

the SMC emissions to the control device (discuss the 

estimated control cost of $26,202 per ton of pollutant 

removed reported in 1993 survey) 

Raw material costs 

Profitability of SMC and coating 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? 

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Attachment 1 to 'WlStt^ \Ycfaw&OmA "\- Toj|^|^3 

*r A-94-52

 n c

 ''X/L For m Approved 

Z. g / . / £, i\, >. OMB No. 2060-0239. 

'S~E-$Pr~^> (Columbus rlasTlcS/ Approval Expires: 03/31/95 

Public reporting burden for this collection of information is 

estimated to average 8.5 hours per response, including the time for 

reviewing instructions, searching existing data sources, gathering 

and maintaining the data needed, and completing and reviewing the 

collection of information. Send comments regarding this burden 

estimate or any other aspect of this collection of information, 

including suggestions for reducing the burden, to Chief, 

Information Policy Branch. PM-223Y, U. S. Environmental Protection 

Agency, 401 M Street, S.W., Washington, D.C. 20460, and to Office 

of Information and Regulatory Xff airs, Office of Management and 

Budget, Washington, D.C. 20503. Include the OMB number in any 

correspondence. 

8CREENIH6 INTORMATION REQUEST 

I. Instructions 

This information reguest is to be completed for facilities 

that manufacture reinforced plastic composites. The source 

category is defined as the manufacture of products using 

reinforced and/or filled plastic resin,, including "prepreg" 

or molded products. Fill out this information request as 

completely as possible from existing information sources. 

No additional monitoring or emissions testing is required 

by your company to respond to this reguest. 

Attachment 1 presents the list of hazardous air pollutants 

(HAP's) listed in Section 112 of the Clean Air Act. We are 

interested in obtaining information regarding each compound 

identified as a HAP that is used in or emitted by any 

operations, including fugitive emission sources, occurring 

from the manufacture of reinforced plastic composites. 

If you have any questions regarding, this reguest, contact 

Ms. Madeleine Strum of the EPA at (919) 541-2383 or Mr. 

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

Return this information request and any additional 

information to: 

Emission Standards Division (MD-13) 

U. S. Environmental Protection Agency 1^ 

Office of Air Quality Planning and Standards 

Research Triangle Park, NC 27711 * 

Attention: Bruce C. Jordan, Director 

II. General Information 

A. Name Of lega l owne r Of plan t "Mavis ta r Internationa l Transportation Coi 

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.1 • 

B. Name of lega l operator of plant, if differen t from 

lega l owner: 

C. Address of lega l owner/operator (pleas e specify which): 

Legal Owner: 355 N. Cltyfront Plaza Drive 

Chicago, Illinois 60611 ' 

D. Size of company: 

1. Approximate number of employees of the business 

enterprise that owns this plant, including where 

applicable the parent company and all subsidiaries, 

branches, and unrelated establishments owned by the 

parent company (answer may be given using the 

following ranges: 0-100; 101-250; 251-500; 

501-750; 751-1,000; 1,001-1,500; and >1,500): 

> 1,500 ; 

2. Number of plant employees attached t o the 

reinforced plasti c composites operation: 

251 - 500 

E. Name of plant: 

Columbus Plastic s Operation 

F. Address of plant: 

800 Manor Park Drive 

Columbus, Ohio 43228 

G.- Name of contact(s) able to answer technical questions 

about the completed survey: 

Michelle Culpepper 

H. Title(s) : *"** 

V 

Environmental Coordinator 

I. Telephone number: 

(614) 870-5042 

)D 
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III. Hazardous Air Pollutants 

Using the list of HAP's provided in Attachment 1, complete 

Table 1. List all known or suspected HAP's that are used 

in feedstocks, produced as intermediate or final products, 

or created as by-products of the process or control system 

within the defined source category operations. 

IV. Emissions and Source Reduction Techniques 

For each HAP emission source (including storage, fugitive 

dust, transfer operations, process fugitives, stacks, and 

waste management), complete Table 2. Provide a brief 

description of any emission reduction measures in place and 

an estimate of the relative quantity of HAP emissions from 

each emission source. 

V. Miscellaneous 

Describe any factors not addressed in the above questions 

that might serve to distinguish your facility from others 

in this source category for purposes of developing a 

separate source category or subcategory and MACT standards. 

•*T * 

b3104-2/650031 

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TABLE 1. HAZARDOUS AIR POLLUTANTS 

^ 

Feedstocks 

• Uncured Polyester Resin 2,760 TPY -

: 

OOI ! f ^ 

Mold Release ffo<T n 2 TPY ' 

Inhibitor/Catalyst 0z~e> 55 TPY / 

Chopped Fiberglass 0$~o 3,312 TPY ") rij 

Calcium Carbonate o I \Y 4,912 TPY J ' 

S> o$H t.% 

[Products—final and intermediate 

| Large Vehicle Body Parts 7,906 TPY 

I 

Water Recreational Vehicle s 30 TPY 

Byproducts (of process or control systems) 

Fugitive Dust 0 0^ 0 - 1 TPY . £* 

Aanesive 8.8 TPY 

T. 

Unreacted Scrap Resin . 1 - l o TPY C 

t.1% -* 

Cleanup Material 4.18 TPY 

<?S~7 

HAP constituents 

Styrene 

None 

None 

None 

None 

r^3>X 

None 

None 

Styrene 

MDI 

Styrene w. 

~s Methylene Chloride 

s/ Methanol 
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TABLE 2. HAP EMISSIONS AND SOURCE REDUCTION MEASURES 

7> 

Emission Source 

Storaqe: 

Tanks (4) 

( 2 ) 7,000 gal jt4 

( 2 ) 5,000 gal , 3 

Fuaitive Dust: 

Drillin g 

Machining 

Polishin g ^ / 

Transfer 

Operations: 

From tanks t o procei 

equipment 

Process 

Fucritives: 

SMC Compounding f$\J 

Compound Storage i 

S '"i 

Charge Cuttin g ' ' 

Hot Die Molding ' y* 

Emission Reduction Techniques 

Type 

Submerged Fil l 

Vacuum Filte r 

Central Dust 

Collecto r 

a4-d8 Closed lin e 

system 

Barrie r Film'' ' 

Edge Foldin g 

C/IcTsedl Cgnta-inc 

Storage ft 

Closed Molding 

In 

Pla.ce 

(Date) 

1980 J 

1990 

1980 

1980 

1980 

Future 

(Planned 

Date) 

• 

-

Total HAP 

Emission 

Estimate, 

Tons/Year 

(a) 

0 - 1 TPY 

1-1 0 TPY 

0 - 1 TPY 

* - 4 

1-1 0 TPY 

1-1 0 TPY 

1-1 0 TPY 

1-1 0 TPY 

*2> 
TABLE 2 (Continued) 

tff & 

Emission Source 

Stacks: 

SMC Compounding (*> 

Waste 

Management: 

Cleanup Material Z 

Parts Washer 

SMC Scrap / 

Other , specify : 

Adhesive Bonding 

Emission Reduction Techniques 

Type 

\7> 

Thermal Oxidizer 

w/ 90 DRE 

Planned phase 

out of methylei 

chloride 

Closed contain* 

Immediately 

placed in closed 

containare 

In 

Place 

(Date) 

1991 

*ST( 

e 

r 0OZ 

cot 

Future 

(Planned 

Date) 

4/94 

..P-15 

t • . 

Total HAP 

Emission 

Estimate, 

Tons/Year 

(a) 

0.864 TPY 

after 901 

reduction 

0.1 -- 1 TPY 

8.8 TPY 

• % 4 (a) If no figures are available , give estimate as one of the v 

following ranges: 

less than 0.1 

0.1 to 1 

1 to 10 

10 to 25 

25 to 100 

greater than 100 

tons 

tons 

tons 

tons 

tons 

tons 

)A 
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Navistar International Transportation Corp. 

Columbus Plastics Operation 

MACT Survey - Sheet Mold Compounding 

All SMC operations are housed within a permanent total enclosure 

(PTE) which assumes 100% capture of emissions associated with the 

operation of these processes. All emissions are then vented to a 

regenerative thermal oxidizer where a 90% DRE is attained. The 

thermal oxidizer was originally installed in 1989 to control 

emissions associated with prime coating. Because of an aggressive 

pollution prevention program targeting the reduction of paint 

emissions, the emissions were lowered to a level that allowed 

additional capacity in the thermal oxidizer. In 1991, our facility 

began to explore the possibility of connecting SMC operations to 

the thermal oxidizer. As part of a permit application requirement, 

a cost effectiveness study was conducted to investigate the 

feasibility of reducing emissions further through the imposition of 

process modifications or add-on control devices. 

Ohio EPA's (OEPA) Engineering Guideline #46 was used to determine 

the cost effectiveness of control alternatives. The cost 

effectiveness was calculated by dividing the annualized cost of a 

control system by the tons of pollutant it would remove in a year's 

time. OEPA utilized the cost-effectiveness of an add-on control 

device to determine whether it was an economically reasonable 

option. 

In reviewing the feasibility of reducing SMC emissions further, a 

preliminary control scenario was examined. The control scenario 

vented the process through the existing dust collector into a Smith 

thermal incinerator. Based on an uncontrolled emission rate of 

39.99 pounds of VOC per day, an estimated capture and control 

efficiency of 72 (80 * 90) percent, and an annualized cost of 

$137,305 (1991 cost), the cost effectiveness of this control 

scenario would have been $26,202 per ton of pollutant removed. 

Clearly, add-on pollution control equipment is economically 

unreasonable. However, as stated previously, emissions from SMC 

operations at our facility are vented to a thermal incinerator. 

Although not cost effective, the additional capacity of the thermal 

incinerator brought about by the implementation of pollution 

prevention initiatives in another process, allowed us to take 

advantage of equipment whose operation would have otherwise been, 

considered economically unreasonable. 

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"'• ..,'. * 

Navistar International Transportation Corp. 

Columbus Plastics Operation 

MACT Survey - Calculations 

SMC Compounding 

Material balance calculations based on MSDS infonnation shows that styrene composes 11.42% by weight of the 

sheet molding compound. Stack test reports indicate that 4.22 poimds (#) of volatile organic compound (VOC) per 

hour are emitted based on 802 #/hr of VOC emitted. 

7500 # of sheet/hr * 11.42% = 856.5 ft VOC input/hr 

856.5 # VOC input/hr * 4.22 ft VOC emitted/802 # VOC input = 4.5 #/hr VOC emitted 

3.61 # VOC/hr * 16 hrs/day * 5 day/wk * 48 wks/yr * 1 ton/2000 # - 6.93 tons/yr 

Adhesive Bonding 

Pliogrip 7000 Adhesive 

38 # useoVhr * 0.05 # VOC/# Pliogrip 7000 - 1.9 » VOC emitted/hr 

Pliogrip 7024 Curative 

8 tf/hr * 0.05 # VOC/# Pliogrip 7024 - 0.4 f VOC emitted/hr 

TOTAL EMISSIONS: 1.9 # VOC/hr + 0.4 # VOC/hr = 2.3 # VOC emitted/hr 

2 Similar Sources - 2 * 2.3 # VOC emitted/hr = 4.6 # VOC/hr 

4.6 # VOC emitted/lir * 16 hr/day * 5 days/wk * 48 wks/yr * 1 ton/2000 # - 8.8 tons/yr 

* 4 

ICe 
P.18 

Enclosure £-

EPA's Information Gathering Authority 

Under Section 114 of the Clean Air Act 

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

Agency broad authority to secure infonnation 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 diis Act" Among 

other things, Section 114 authorizes EPA to make inspections, conduct teste, examine records, and require 

owners or operators of emission sources to submit information reasonably required for die puipose of 

developing such standards, bi addition, die 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 infonnation 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 information is not entitled to confidential treatment4' 4?rocedures to be used for 

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

governing infonnation 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 Information 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 

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

infonnation has been received, please be advised that EPA will seek, at diat 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 ofthe information to odiers; 

2. The extent to which the information has been disclosed to others, 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 that 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, 

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

such harmful effects. 

' * 4 

*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) 

(Rev. 12/8/95) 
71)42 

t

 ENCLOSURE => 

Federal Register / VoL 50. Ko. 35 /Thursday . February 21. 1991 /Notice a 

P.19 

Dated: February .4.1891. 

PaulLap4riey, 

Director. ResidoU^ Management Division. 

(FR Doe. 91-4113 Filed X-30-01: * « ami 

IAJ>-FBL-M0*-31 

Disclosure of Emission Data Claimed 

ca Confidential Under Section* 110 

and 114(e) of 9 M Clean <*Jr Act 

AQfNCv: Environmental Protection 

Agency (EPA). 

ACTION: Notice ot policy on public 

release of certain emission data 

submitted under lections 110 and 114(c) 

of tha Qean Air Act (CAA). 

suMauirr: Section 114(c) of tlie CAA 

exclude* enussion data from tha general 

definition of ttade aecrct informati^ 

CerUta classes cjfdaU submitted to the 

EPA under sections 110 and 114(a) of the 

CAA are emiaaion data, and as such, 

canruurt be witiweld from disclosure a* 

confidential pursuant to section 1905 of 

title 18 of tha United States Coda. Thia 

notice clarifies EPA'a current policy, and _ 

soUdta comment regarding that policy 

and categoria* of data which it 

considers excluded from a trade aecrct 

definition. 

DATES: Written coamenta pertaining to 

thia notice are requested by April 22, 

1991. 

Aaoatsata; Submit cntnmitnt* to: Nancy 

D. Riley, MS. Eatironmental Protection 

Agency. Emission Standards Division. 

Pollutant Assessment Branch (MD-13), 

Reseaich Triangle Park, NC 27713. 

POSI FURTMMNaTONIATIOM CONTACT! 

Timothy Mohin (telephones (918) 341-

5349 commatcwl/FTS 029-6348) or 

IGarea BUnchard (telephone (919) 541-

5503 commerdal/FTS 029-5903), 

Pollutant Aaseasmant Branch (MD-13). 

jEscission Standards Division: or Thomas 

Rosendahl (telephone: (919) 541-5404 

commerdal/FTS 629-5404). National Air 

Date Branch (MD-14). Technical 

Support Division: VS. Environmental 

Protection Agency, Reseaich Triangla -

Paris. North Carolina 27711. 

sumzitiMT/urY twomiATiOieTha EPA 

routinely uses the authority of sections 

110 and 114(a) of tha CAA to gather 

technical information from industries 

involved ia operations Out lead to 

emission of pollutants to the ambient 

air. This information has been used, 

among other things, to better 

characterize emitting facilities sod to 

evaluate the need for and impacts of 

potential regulation. 

Information requests under sections 

110 nnd 114(a) cf the CAA typically 

i.irluie questions on uncontrolled and 

controlled emission rates and emission 

parameters of the pollutant or group of 

pollutants of concern. The respondents 

sometimes claim that ita response 

constitutes trade secret information, and 

thus, should be treated as confidentiaL 

Claims of confidentiality may be mada 

under section 114(c) of tha 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 tha 

Administrator has access under this 

section If made public, would divulge 

methods or processes entitled to 

protection as trade secrets of such 

person, the Admmistrator shall consider 

such* * * confidential in accordance 

with the purposes of taction 1905 of title 

18 of tha United States Coda • • V If 

the Administrator ao determines, tha 

Infonnation Is not disdoaable to tha 

public, 

However, section 114(c) of tha CAA 

provides that formation claimed to be 

• trade secret but which constitutes 

amission data may aot ba withheld aa 

confidential Altitough typically the EPA 

evaluates whether Information 

constitutes emission data on a case-bycase basis. It beUeves that some kinds of 

data will always constitute amission 

data within the meaning of section 

114(c). Tha purpose o i this notice is to 

describe, without attempting to ba 

comprehensive, that information which 

the EPA generally considers to ba 

emission data, and which cannot qualify 

aa confidential ir*"^tr either tt tition 

114(c) or section 110 (as set forth in 40 

CFR 51321. 31322 and 51323) of tile 

CAA. Tha O A la issuing this notice to 

clarify its policy and procedures, to 

facilitate the aaa o l these data in 

automated data tystema and computerbased simulation modela, and to 

expedite processing of claims for 

confidentiality or request* for 

disclosure. 

Tha EPA presently determine* that 

data submitted to it aa emission da u 

doea not qualify u confidential If it 

meets tha following definition under 40 

CFR2^01(aH2Xi): 

a. Definitions. For tha purpose of this 

section: (1) Act mean* tha Clean Air 

A c t a* amended. 42 U& C 7401 et seq. 

(2)0) 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 emiasion which has 

been emitted by the source (or of any 

pollutant resulting from any emission by 

the source), or any cnmbinatloa of the 

foregoing: 

(B) Information necessary to 

determine tha identity, amount 

frequency, concentration, or other 

characteristics (to tha extent related to 

air quality) of the amission which, under 

an applicable standard or Umitauoo, the 

source waa authorized to emit 

(Induding, to the extent necessary for 

such purposes, a description of the 

manner or rata of operation of the 

source), or any combination of the 

foregoing: 

(C) A general description of the 

location and/or nature of tha source to 

tha exteat necessary to identify the 

source and to dutinguish it from other 

sources (Induding. to tha extant 

necessary for such purposes, a 

description of tha device, installation, or 

operation constituting tha source). 

Tha table below lists tha specific da u 

field* which the EPA presently 

consider* to constitute emission daU 

and provides a brief description of what 

each daU field describes, Tha 

descriptions ara intended to provide 

general Information. This list ia not 

exhaustive and, therefore, other daU 

might be found in a proper case, to 

constitute emission data. 

Emlsaiou Data Fields 

Faculty Ueauncattoos'riM following data 

Balds ars nasdsd te establish the identity and 

locatioa ef esutsioa sources, this shall also 

induds a description or aa Identifier of the 

device. mstaHanon, or operation constituting 

the source. Theee data are used to locate 

sources foe dispersion evaluation and 

exposure modsling. 

I^^NST M and retatedpoiitf Identifier* 

Address 

c«r 

County 

AQCR (Air Quality Control Region.) 

MSA. PMSA. CMSA (Metropolitan Statistical 

Areas) 

State 

Zip Code 

Ownership sad point of contact Information 

tifff^lVwul MsT**i*em 

Latitats A iMsJtnde, or ITTM Grid 

Coordinates 

SIC (Standard Industrial Classification) 

Emission pomt device or operation 

description, Information 

SCC (Source CUsaificaUoa Codes) 

TP1—'*— ParametarKTha flowing data 

fields ara needed to establish u»>* 

chsfirteristica of tha emissions. Thia 

Information ia needed for the analyses of 

dispersion ani potential control equipment. 

Emission type 

(ts, nature of emissions such as CO*), 

particulate or a spedfic toxic compound, 

and origin of emissions such as process 

vents, storage tanks or equipment leaiu) 

Emission rate 

i& 
P.20 

Federal Register / VoL 56. No. 33 / Thursday. February 21. 1991 / Notices rtJ43 

(e.g, tbe amount re(«4ued to the 

atmosphere over time such u kg/yr or 

lbs/hr) 

Release height 

(eg, height above ground level where the 

pollutant ia emitted la the atmotpheie) 

Description of terrain tnd surroanding 

structures 

(e.g. the size of tha 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 

(eg. th* inside diameter of vent at the 

point of emission to the stmosphere la 

meters) 

Release velodty 

(eg. velodty of release in m/scc) 

Release temperature 

(eg. temperature of release at point of 

release in degrees Kelvin) 

Frequency of release 

(eg. how often a release occurs In events 

per year) 

Duration of release 

(e*. th* time assodated with a release to 

the atmosphere) 

Conccuu otiun 

(eg. the amount of aa emission stream 

constituent relative to other stream 

constituents expressed aa parts per 

isiUioa (ppm). volume percent or weight 

percent) 

Density of the emissions stream or average 

motecukr weight 

(eg. density expressed ea fractioa or 

multiple of tbe density of air. tnoiecolar 

weight tat g/g-mole| 

Boiler or process design capadty 

(eg. the gross heating value of fuel input to 

a boiler at its mariiwim design rate) 

Emission vflliis^^n rorihed 

(eg. th* method by winch an emission 

estimate haa been calculated audi aa 

materid balance, source test use ef AP42 emission factors, etc.) 

Percent space heat 

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

heating) 

Hourly maximum design rate: 

(eg. the greatest operating nte mat would 

be expected for a source in a 1-aour 

period) 

The EPA has determined diat these 

daU are emission daU and releasabl* 

upon request This determination 

applies to data currently held by EPA as 

well as to infonnation submitted to EPA 

in the future. Future requests for 

Infonnation under sections 110 sad 114 

of the CAA will indicate that these 

emission data will not be hdd' 

confidentiaL This determination applies 

only to the daU listed ia the table, 

Determinations will continue to be made 

cn a case-by-case basis for data not 

specified in thia generic determination. 

After ranaideratioa of comments on 

this policy, a revised policy/ 

determination may be published. 

Dated: February a. 1981. 

NCkfcW Shapiro, 

Acting Assistant AdminJst^torforAirond 

Radiation. 

[FR Doc 91-4114 Filed 2-SO-n. 8:45 am| 

(CP^2O000OA; FRt-3879-4) 

Request for Proposals; Reaaarch and 

Dovetopment on Antimicrobial Test 

M4jrthodc4ow arid Statistical Support 

on Experimental Design and DaU 

AJUIVSU; f£xteneJon of Proposal 

Deadline 

AOJMCY: Environmental Protection 

Agency (EPA). 

ACTtOSC Extension of proposal deadline. 

SUMMARY: This notice snnnnncrs tha 

extension of deadline for a Request for 

Proposal that published in the Federal 

Register of December 0,1990. Tha 

Request for tProposel wss published to 

solidt proposals whidi will result in the 

development of a reproducible, reliable, 

and statistically valid sporiddal test 

method used to evaluate the efficacy of 

antimicrobial prodoctt bearing sterilizer 

or sporiddal claims. In addition, 

proposals fbr tUtistical support to 

independently evaluate the 

experimental designs of profectt and to 

analyze results from ongoing test 

methodology research were also 

solicited 

•QATis: Tha new deadline for proposal 

submission to tha Agency is February 

28.1991 

: The original and eight 

copies must be sent toe Grants 

Operations Branch (PM-216F), 

Environmental Protection Agency. 401M 

SU SW. Washington. DC 20460. One 

copy of the original most be sent ta 

Susan Parker. Registration Division 

(H7S0SC). EavironinenUl Protection 

Agency. 401M St, SW, 20400. 

Application RU may be obtained from: 

Grants Operations Branch (PM-216FL 

Environmental Protection Agency. 401M 

St, SW, Washington, DC 20480. or call: 

(202) 382-5260. 

rom ntfrrNu ntromuTiON CONTACT: 

Susan Parker. Registration Division 

(H7505Q. Environmentsl Protection 

Agency. 401M St, SW, Washington. DC 

20460. Phone number (703) 557-2141. 

SUPPLEMENTARY INFORMATION: EPA 

issued a Request for Proposal in the 

Federal Register of December 8.1990 (55 

FR 50363). The original submission 

deadline was January 30.1991 the new 

deadline for proposal submission is 

extended to February 28.1991. 

Dated: February 12.1S9L 

DougbstXCampt 

Director. Offlce ef Pesticide Programs. 

(FR Doc. 01-«12O Filed 2-21-01; 8:43 sm. 

tiumacootse 

(OPfM*C841j rat-3877-«l 

Emergency Exemptions 

AQatcn Environmental Protection 

Agency (EPA). 

4»XTION: Notice. 

sjuMitANY: EPA haa 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 crisis 

exemptions were initiated two by the 

• Florida Department of Consumer 

Senritses and two by th* United States 

Department of Agriculture, These 

exemptions. Issued during tha months of 

November and December, except for the 

one in October, are subject to 

application and timing restrictions snd 

reporting requirements designed to 

protect die environment to the msxiroum 

extent possible. Information on these 

restrictions is svailable from the contact 

persons in EPA listed below. 

OAT89: See each specific and crisis 

exemption for its effective date. 

PON RBjrmcR INS^MIssATiON CONTAC1. 

See each emergency exemption for the 

name of tha conuct person. The 

following Information applies to ell 

contort persons: By mail: Registration 

Division (H7505C). Office of Pestidde 

Programs. 4Envtronmentsl Protection 

Agency. 401M SU SW, Washington. DC 

20460. Office location and telephone 

number: Rm. 718. CM #2,1921 Jefferson 

Davis Highway, Arlington, VA (703-

557-1806). 

sumjMCMTAirr mfpRttATiON: EPA has 

granted specific exemptions to the: 

1. California Department of Food and 

Agriculture for the use of dilorothalonil 

on mushrooms to control vertidllium 

diseases: November 14.1990. to 

November 13.1991. (Susan Stanton) 

2. California Department of Food and 

Agriculture for the use o&vermecun Bi 

on celery to control serpentine 

leafminers: November 19. l99C£to 

November 18.1991. (Libby Pemberton) 

3. California Department of Food acd 

Agriculture for the use of methyl 

bromide on carrots to control 

nematodes: I3ecember 21.1990. to 

December 20.1991. (Libby Pemberton) 

4. Idaho Deportment of Agriculture for 

the use of pendimethalia on speanrin* . . 

and peppermint to control Lochia an: -' 

tt 
P.21 

Enclosure 4 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

Office of Air Quality Planning and Standards 

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 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 1, 1996\ 

J/£Hh}S. Seitz J 

Director 

Office of Air Quality Planning 

and Standards 

2 0 
P.22 

Enclosure- 5 

4>'*0 S '

4 V 

P _f\ *, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

? t^fJ>*>7 3 Office of Air Quality Planning and Standards 

\ ^Y/- 7 Research Triangle Park. North Carolina 27711 

**,-

B

** December 1995 

Summary of OAQPS 

Procedures for Safeguarding Clean Air Act (CW) 

Confidential Business Information (CBI) 

1. PjUSfiSfi 

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 whh .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 infonnation may be identified with such titles as trade secret, secret, 'is 

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

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

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

Executive Order 11652. 

-2-1 
P.23 

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 

Admmistrator by any person that records, reports, or information, or particular 

part thereof, (other than emission data) to which the Administrator has access 

under this section if made public, would divulge methods or processes entitled to 

protection as trade secrets of such person, the Administrator shall consider such 

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

accordance with the purposes of Section 1905 of Title 18 ofthe Umted 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 Act or when relevant in any proceeding under this Act." 

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

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 infonnation to inform the 

business of: (1) hs 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 infonnation to authorize 

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

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

disclosure of infonnation wtthin EPA to employees with an official need for uie information; and 

(5) prohibit wrongful use of such infonnation and cite penalties for wrongful disclosure. Further, 

tiie 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 Infonnation 

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 information for which confidential treatment has been requested, the 

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

2/2-
P.24 

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 h 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 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 

infonnation (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, 

infonnation 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 whh 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 pf the 

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. 

23 
P.25 

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 .ind, 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. 

Compames 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, (i$"must 

refrain from disclosing the infonnation 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 information (and any abstracts or excerpts therefrom) upon 

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

^Ar 
P.26 

(2) The authorized contractor designated as a representative must 

obtain a written agreement from each of its employees who will have access to the information. A 

copy of each employee agreement (Attachment B) must be furnished to EPA before access is 

permitted. 

(3) The contractor designated as an authorized representative must 

agree that the conditions in the contract concerning the use and disclosure of CAA CBI are 

included for the benefit of, .ind 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. 

0e> 

C 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 v 

are not normally circulated outside EPA for comment or review prior to publication except in 

such cases as describ*sd above (6.d.3) wherein CBI is expressly included. However, because 

2^ 
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 infonnation received by EPA or its authorized representative during the visit or test. The 

report may lie 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 of the 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 of the report, as marked by the responsible plant official, is 

received by EPA, information designated confidential is placed in the CBI files as described 

above. The original draft ofthe trip report is edited to delete the confidential infonnation and to 

accommodate technical changes, and the trip report is issued. 

2 Attachments 

"*** 

V 

<2Is> 
P.28 

Attachment A 

CAA CONFIDENTIAL BUSINESS INFORMATION 

CONTROL RECORD 

1 DATE RECEIVED: 

DATE OF DOCUMENT: 

RESPONSIBLE BRANCH: CONTROL NUMBER: j 

DOCUMENT AUTHOR: | 

DESCRIPTION (Providing organization, tide, subject, number of copies and number of pages) 1 

RETURN DATE: DESTRUCTION DATE: INITIALS: 

Each person given access ta this document must JIB in the information below 

CHECK-OUT 

SIGNATURE 

' 

I 

, 

DATE TIME 

.• 

CHECK-IN 

SIGNATURE 

*., 

, 

DATE TIME 

* 4 

'*» 

CAA CBI Form I (Rev. 6/95) 

2.T-
P.29 

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 CBL 

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

SIGNATURE OF AUTHORIZING OFFICIAL* 

TITLE 

TELEPHONE NO. DATE 

LOCATION 

IL CTCNFTOENTl^ITY AGREEMENT 

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

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

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

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

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

op to 1 year if I willfully disclose CAA CBI to any person not ainliorized to receive iL In addition I 

understand that 1 may bo Subject IO oisCipunaty oCUOtt tor Violation ot mis 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 die 

procedures set forth in the CAA Confidential Business Infonnation Security Manual. 

I have read and understand these procedures. 

SIGNATURE TELEPHONE NO. DATE 

DX HAVING COMPLETE REQUIRED TTLADWG 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 Foim 3 (Rev. 6/95) 

£6