OAR Box 1500 

Prepped by Ollie Stewart 

Document Number: 

17) ll-C-43 

Docket Number: 

A-94-52 

Printed 8/5/2008 1:51:27 PM Sheet 17 of 343 

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. ^ eos * *. 

o 

V 2L2 / 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

RESEARCH TRIANGLE PARK. NC 27711 

OFFICE OF 

AIR QUALITY PLANNING 

ANO STANDARDS 

P.2 

A-94-52 

AU3 30 1996 

Ms. Hilary North 

LASCO Panel Products 

8015 Dixon Drive 

Florence, Kentucky 41042 

Dear Ms. North : 

lite. EPA AIR DOCKET 

This letter is to confirm a visit to the LASCO facility 

located in Florence, Kentucky by representatives of the U.S. 

Environmental Protection Agency (EPA) on Wednesday, 

September 11, 1996. Visitors will include Dr. Madeleine Strum 

and Mr. Solomon Ricks of the EPA, and Dr. Kenneth Meardon, 

Ms. Melanie Proctor, and Mr. Dan Scheffel of Pacific 

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

during a telephone conversation between you and Ms. Proctor on 

August 28, 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 (CAA), as amended November 1990. As part of this 

activity, we have been gathering information on composites 

processes and associated air pollution control measures for some 

time. Due to the wet area enclosure present at LASCO, your 

facility may be of great importance for determining maximum 

achievable control technology for continuous lamination 

processes, with regard to existing sources. A visit to your 

facility would assist us in assessing possible emission 

reductions achieved from wet. area enclosures. ^~As discussed 

during the August 28 telephone conversation, the EPA is planning 

to conduct emissions testing at your facility to determine the 

effectiveness of wet area enclosures on continuous lamination 

lines. 
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The types of information we would like to discuss with you 

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

following: 

1. Information pertaining to the planned emissions test, 

including selection of line(s) to be tested, layout of 

production processes, machine parameters, and construction 

of temporary total enclosures for testing. 

2. Any possible planned changes to the continuous 

lamination lines, such as completing the enclosure around 

the partially enclosed wide line or enclosing the narrow 

lines. 

3. Data and methodology for your mass balance procedures, 

including calibration information for the instruments used. 

4. Available cost information concerning the wet area 

enclosure. 

Enclosure 1 is an outline of the site visit checklist that 

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

some questions may be modified as we learn more about your 

operations. 

Most of the information on the checklist will be obtained 

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

information may have to be retrieved from your files in advance 

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

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 CAA (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 CAA exempts emissions 

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data from claims of confidentiality and emissions data collected 

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

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

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.). 

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 EPA 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 

(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, 

* Linda S. Herring 

Group Leader 

Coatings and Consumer Products 

5 Enclosures 

4 
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Enclosure l 

SITE VISIT - LASCO Panel Produces 

The EPA is attempting to determine emissions from continuous 

lamination operations and the effectiveness of wet area 

enclosures. We understand that your facility uses a partial 

enclosure over the wet area of ^"our wide continuous lamination 

line. The main purpose of our site visit to LASCO is to gain a 

better understanding of your wet area enclosure, discuss possible 

emissions testing, and conduct a pre-test survey. During the 

site visit, we would also like to discuss LASCO's mass balance 

data and the methodology for the mass balance procedure. 

Further, we need to estimate the potential economic impact of 

installing wet area enclosures on continuous lamination lines and 

we would like to collect any cost information that you have 

available. To help ensure that we cover all areas that may be 

important in planning and designing emissions testing to 

determine the effectiveness of wet area enclosures, 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. 

EMISSION TEST QUESTIONS 

• Layout of the production areas where the continuous 

wide line and the two narrow lines are located. Are 

there any restrictions in constructing a temporary 

total enclosure around the wide line or any of the 

narrow lines for testing purposes? 

• Discuss various testing scenarios 

Can emissions testing be conducted at LASCO for 

the same continuous lamination line without a wet 

area enclosure and with a wet area enclosure in 

place? 

How difficult is it to temporarily remove the 

existing wet area enclosure aroufrd the wide line 

for baseline emission testing purposes? 

How easily can an enclosure be constructed for the 

portion of the wide line wet area that is 

currently not enclosed? 

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How easily can a temporary wet area enclosure be 

constructed for either of the narrow lines? 

Can emissions testing be conducted with and 

without methyl methacrylate? 

Verify that emissions testing can be conducted 

without the gel coating step at the wide line. 

• Is (are) the continuous lamination line(s) to be tested 

at LASCO representative of other continuous lamination 

lines in the industry? 

CONTINUOUS LAMINATION MACHINE 

• For each machine: Layout of machine and dimensions of 

machine components, including dimensions of each wet 

out area. 

EMISSION DATA AND WET AREA ENCLOSURE INFORMATION 

• What is the air flow from each pick up point in the wet 

area enclosure? 

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

provide records)? 

• When is LASCO planning to enclose the portion of the 

wet area of the wide line that is currently not 

enclosed? 

• Explain mass balance information and the methodology 

for the mass balance procedure and the calibration 

information for the instruments used. 

• What is the upper and lower limit of styrene losses for 

each machine based on mass balance data? 

COST INFORMATION 

• Capital costs and annual costs: 

For enclosure ($/ft2) 

Recordkeeping costs associated with mass balance 

Time to do mass balances ^~~"~~-

Maintenance cost for enclosure 

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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 lias given Ae 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 tt e Act" Among 

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

owners or operators of emission sources to submit information reasonably required for the purpose of 

developing such standards. In addition, the EPA Office of General Counsel has interpreted Section 114 to 

include authority to photograph or require submission of photograprts of pertinent equipment, emissions, or both. 

Under Section 114, EPA is empowered to obtain information described by that section even if you 

consider it to be confidential. You may, however, request that EPA treat such information as confidential. 

Information obtained under Section 114 and covered by such a request will ordinarily be released to the public 

only if EPA determines diat die information is not entitled to confidential treatment.* Procedures to be used fbr 

making confidentiality detenmiations, substantive criteria to be used m such detenn^ 

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

Register on September 1,1976 (40 FR 36902). 

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

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

information in its poss43ssion is entitled to confidential treatment even though no request for release ofthe 

information lias been received, please be advised diat EPA will seek, at that time, the* following infonnation to 

support your daim as required by §2.204(eX4) of EPA's FOIA regulations: 

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

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

connection therewith; 

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

such detenninations, 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, md an explanation ofthe causal relationship between disclosure and 

such harmful effects. 

•Section 114 requires public avaiability of al! emission data and authorizes diclosure of confidential 

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

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

, ENCLOSURE =>, 

Federal Regiater / VoL 543. No. 35 / Thursday. February 21. 1991 / Noticea 

P.9 

Dated: Ftbraarr 1< 1991. 

PaulUpsWy. 

Director. Regulatory Management DMsion. 

(FR Doc 91-4113 Filed 2-awi: MS am) 

[4tO-FRL-3MS-3] 

Disclosure of Emission Data Claimed 

as Confidential Under Sutton* 110 

4tnd 114(c) ef3»e Clean/Ur Act 

AOINCY: Environmental Protectioa 

Agency (EPA). 

ACnoic Notice of policy on public 

release of certain emission data 

submitted under sections 110 sad 114(c) 

of the qea n Air Act (CAA). 

SUMMARY: 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, u such, 

cananot be withheld from enclosure as 

confidential pursuant to section 1905 of 

title 18 of the United States Code. This 

notice clarifies EPA's current policy, u d 

solicits comment regarding that policy 

and categories ot data which it 

considers excluded from a trade secret 

definition. 

OATIS: Written comments pertaining to 

this notice are requested by April 22, 

1891. 

AMMSSCS : Submit comments to: Nancy 

D. Riley. US. Enrironmental Protection 

Agency. Emission Standards Division. 

Pollutant Assessment Branch (MD-13), 

Research Triangle Park. NC 27711. 

FOR FUNTMR ttaWHSUl'nOM CONTACT! 

Timothy Mohin (telephone (919) 541-

5349 commerdal/FTS 829-049) or 

ICaren Blanchard (telephone (919) 541-

5503 commercial/FTS 629-6503). 

Pollutant Assessment Branch (MD-13). 

Emission Standards Division: or Thomas 

Resendahl (telephone: (919) 541-6404 

commerdal/FTS 629-4404). National Air 

Data Branch (MD-14). Technical 

Support Division: US. Environmental 

Protection Agency. Research Triangla -

Park. North Carolina 27711. 

SUPTUMCMTAftY II^OWMATIOIC The EPA 

routinely uses the authority of sections 

110 and 114(a) ot the CAA to gather 

technical information from industries 

involved in operations that lead to 

emission of pollutants to the ambient 

air. This information has been used, 

among other things, lo better 

characterize emitting facilities and to 

evaluate the need for and impacts of 

potential regulation. 

Infonnation requests under sections 

110 and 114(a) cf the CAA typically 

i.irluie questions on uncontrolled and 

controlled emission ratea and —»«•>•»"« 

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 tiie Administrator by any 

person that records, reports, or 

Information, or a particular part thereof, 

(other than emission data) to which the 

Administrator has access under this 

section if made public would divulge 

methods or processes entitled to 

protection u trad* secrets of such 

person, tbe Administrator shall consider 

each* • * confidential ln accordance 

with the purposes of section 1909 of title 

IS of the United States Cods* * \~ U 

the Administrator s o determines, the 

infonnation ia not disdosable to th* 

public. 

However, section 114(c) of Ae CAA 

provides that information claimed to be 

• trade secret but which constitutes 

emission data may not be withheld as 

confidentiaL Although typically the EPA 

evaluates whether infonnation 

constitutes emission data oa * case-bycase basis, it believes that some Idnds of 

data wQl always constitute eiatssion 

data within tho meaning c i section 

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

describe, without attempting to be 

coniprehensiv*. thet information which 

the EPA generally considers to be 

emission data, and whidi cannot qualify 

«• Gfl"^*f^

,

l tttxAtwr either section 

114(c) or section 110 (es set forth In 40 

CFR 51323, 51322 end 5L323) of the 

CAA. The EPA Is issuing this notice to 

cUrify its policy <iad procedures, to 

facilitate the use of these data in 

automated data systems end computerbased simulation *iw^ift*t and to 

expedite processing of claims for 

confidentiality or requests for 

disclosure. 

The EPA presently determines that 

data submitted to It as emission data 

doee not qualify aa confidential if it 

meets th* following definition under 40 

CFR£301(a)(2)(l): 

a. Definitions. For the purpose of this 

swoon: (1) Ac* means the Clean Air 

Act, as amended. 42 US.C 7401 et seq. 

(2)(1) Emission data means, with 

reference to any source of emission of 

any substance into the air— 

(A) Infonnation necessary to 

determine the identity, amount, 

frequency, concentration, or enter 

characteristics (to the extent related to 

air quality) of any emission which has 

been emitted by the source (or of any 

pollutant resulting from aay amission by 

the source), or any combination of the 

foregoing: 

(B) Infonnation necessaiy 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 necessaiy for 

such purposes, • description of the 

manner or rate of operation of the 

source), or any combination of the 

foregoing: 

(C) A general description of the 

locatioa and/or nature of the source to 

the extent necessary to identify the 

source and to distinguish it from other 

sources (including, to the extant 

necessary for snch purposes, • 

description of the device. bstaQation. or 

operation constituting the source). 

The table below lists tha specific data 

fields which the EPA presently 

considers to constitute fmiififfi data 

and provides a brief description of what 

each data field describes. The 

descriptions ere Intended to provide 

general information. This list Is not 

exhaustive and. therefore, ether data 

might be found, in a proper case, to 

constitute emission data. 

naids 

. TatiUtg tdanuficalVw; The following data 

Adds are needed to establish the Identity and 

location of aenasiee iwmifc *W* theO §|go 

Include a oescrlpnon or aa Identifier of the 

device, IM""-*- , or operation oustituUng 

the aource. Them data an used to locate 

i for diapaiaion evaluation and 

Plant Name 4tnd rtUtad point identifiera 

Address 

City 

WOQStT 

AQCR (Air Quality Control Ration) 

MSA. PMSA. CMSA (Metropolitan Statistical 

Arras) 

Stole 

Zip Coda 

Ownership and point ef contact information 

Loca tional Identifiers: 

Latitat* a Idoagttada. or UTM Grid 

Coordinates 

StC (Standard Industrial Gaasificatian) 

Cniialon potoC device or operation 

daacriptioQ. unormanoe 

SCC (Source Classification Codes) 

fr-tnti*— panunatanc The following dau 

Balds are needed to establish the 

A.*~*mrt»Hrm ttt tti« mm,mt*tnHm. TM« 

information ia nawded for the aaalyaaa of 

dispersion and potential control equipment. 

Fmiaaion type 

(4tj, nature ot amissions such aa COs). 

particulate or a apacifle toxic compound, 

and oriijia ot amissions such aa proeaaa 

rants, storsf* tanks or equipment Ie4ika) 

emission rata 

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Federal Register / VoL 56. No. 35 / Thursday, Febraary-*ti. 1991 / Notices 7043 

•yt4fm the amount released to the 

aOnaspbere over Uma such as kg/yr or 

lbs/hr) 

Release height 

(e.g. height shore-ground level where tiie 

pollutant ii emitted to the atmosphere! 

Description of terrain and sarrounding 

atxucturea 

(eg- the sirs of die area associated with 

adjacent structures in square meters and 

terrain dascriptiona such as 

mountainous, urban, or run!) 

Suck or vent diameter at point of emissions 

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

point of emission to the atmosphere la 

meters) 

Release velocity 

(eg. velocity ef release in m/eec) 

Release temperature 

(eg. temperature of release at point of 

release in degrees Kelvin) 

Frequency of rrieeta 

(eg. how often a relcaje occurs in events 

per year) 

Duration of release 

(eg, the daw eaaodated with a release to 

the atmosphere) 

CoaceuO'eoott 

(eg, th* amount rf an emission streaa 

conatituent relative to other stream 

conatitueats expressed aa parts per 

million (ppm). volume percent or weight 

percent) 

Density of the emissions stream er average 

moUcuiar weight 

(eg. density expressed u fraction or 

multiple of the density of eic uniecular 

weight in g/g-oolo) 

Bofler er proceca design capacity 

(eg. the gross hutfng vain* of fual input to 

a boiler at its auunsum design rate) 

Emiasion estimation method 

(eg. the method by wldch aa euusatea 

estimate has beea calculated such aa 

material balance, source test us* af AP42 emission factors, ate) 

Percent specs heat 

(eg. the percent of fuel used for spec* 

heating) 

Hourly "*»vlwi"n design rats: 

(eg. the greatest operating rat* mat would 

be expected f br a source in a 1-hour 

period) 

The EPA has deterained that these 

data are emission data andreleasable 

upon request This determination 

applies to data currently held by EPA aa 

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 appUes 

only to the data listed In the table. 

Detenninations 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 11981. 

4MksWSltapifQ. 

Acting Assistant AdoinisL-otorfor Air and 

Radiation. 

(FR Dot 91-«U4 Filed 2-OHH: 8*S am) 

aniirm cooc esee>4Mi 

(CP^&OOOOA; FW.-387S-4I 

Request for Proposers; Research end 

Oevt^potert en Antimicrobial Test 

Methodology and Statistical Support 

on Experimental Ooslgn and Data 

tftjujysia; Extension of (Propose* 

Deadline 

AOENCX Environmental Protection 

Agency (EPA). 

ACTiosc Extension of proposal deadHnr. 

sufctaiaim This notice announces tha 

extension of deadline for a Request fbr 

Proposal that publislted hi the Federal 

Register of December 6.1990. The 

Request for t°ropesal waa published to 

solidt proposals which will result in tbe 

development of e reproducible, reliable, 

and statistically valid sporiddal test 

method used to evaluate the efficacy of 

antimicrobial products bearing sterinzer 

or sporiddal deans. Ia addition, 

proposals for statistical support to 

independently evaluate the 

experimental designs of projects end to 

analyze results from o&goiag test 

methodology research were also 

aolldted, 

tTsATggg The new deadline for proposd 

submission to the Agency ta February' 

28.1991. 

: The original and eight 

copies most be scat to: Grants 

Operations Branch (PM-336FL 

Environmental Protection Agency, 401M 

SU SW, Washington. DC 2046a One 

copy of thte original mast be sent to: 

Scsan Parker. Registration Division 

(H7S05C). Environmental Protection 

Agency, 401M St. SW. 20400. 

Application lata may be obtained from: 

Grants Operations Branch (PM-Z16FL 

Environmental Protection Agency. 401M 

SU SW. Washington. DC 20460. or calk 

(202)382-5266. 

I'M FUKTHM IfrTOftSIA-nOM COMTtCK 

Susan Parker. Registration Division " 

(H7S05Q. Environmental Protection 

Agency. 401M SU SW, Washington. DC 

20460, Phone number (703) 557-2141. 

SUt*f>UMENTAJ»Y WNRMATWre EPA 

issued a Request for Proposal in the 

Federal Register of December 6.1990 (55 

FR 503S3). The original submission 

deadline was January 3a 1991: the new 

deadline for proposal submission is 

extended to February 2a 1991. 

Dated: February Xi 1991. 

Douglas aCarnpt. 

Director. Offlce of Pesticide Program*. 

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

eaoiMceoK 

(0PTMMS41; FRL-M77-41 

Emergency Exemptions 

AOCNCY: Environmental Protection 

Agency (EPA). 

4*cno»cNotke, 

WMtUMrn EPA has granted specific 

exemptions for the control of various 

pests to the seven States as Usted below 

and one by the United States 

Department of Agriculture. Four crisis 

exemptions were initiated, two by the 

• Florida Department of Corteumer 

Services and two by the United States 

Department of Agriculture. These 

exemptions, issued during the months of 

November end December, except for the 

one in October, are subfect to 

application and timing restrictions and 

reporting requirements designed to 

protect the environment to the maximum 

extent possible. Inforrnatloa on these 

restrictions is available from the contact 

persons in EPA listed below. 

OATts: See each spedfic and crisis 

exemption fbr its effective date. 

pen waiMta tftroitssA'now CONTACT . 

See each emergency exemption for the 

name of the contact person. The 

following information applies to aO 

contact persons: By Bail: Registration 

Division (H7S05C). Office of Pesticide 

Programs. FJll,'

,

*"'ffl"<1**l Pfff*****t'w» 

Agency. 401M SU SW, Washington. DC 

2046a Office location and telephone 

number: Rm. 7ia CM «*2.1921 Jefferson 

Davis Highway, Arlington. VA (703-

557-1800). 

sumfaaarrAirr mfomiATiote EPA has 

granted specific exemptions to the: 

1. California Department of Food and 

Agriculture for the use of chlorothalonil 

on mushrooms to control vertidlliua 

diseases: November 14.199a to 

November 13.1991. (Susan Stanton) 

2. California Department of Food and 

Agriculture for the use of avermectin Bi 

on celery to control serpentine 

leefminers: November 19.199a to 

November 18.1991. (libby Pemberton] 

X California Department of Food and 

Agriculture for the use of methyl 

bromide on carrots to control . 

nematodes: December 21.1990. to 

December 2a 1991. (Libby Pemberton) 

4. Idaho Department of Agriculture for 

the us* of pendimelhalia on spearr.tny . . 

and peppermint to control kochia an: -

<? 
Pnc/oZCtfeZ^-

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. ^ i0S ^ . 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

RESEARCH TRIANGLE PARK. NC 27711 

[f JUL I I 1996 

OFFICE OF 

AIR QUALITY fHANNING 

ANO STANDARDS 

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: nn</f(r 

Designation Expires: October 31, 1996 

Seitz 

Director 

Office of Air Quality Planning 

and Standards 

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Enclosure. 5 ~ 

f £% '* UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

I x^msi 5 0ffic e of Ai r Quality Planning and Standards 

\ -^\'f- " Research Triangle Park. North Carolina 27711 

\mc*^ December 1995 

Summary of OAQPS 

Procedures for Safeguarding Clean Air Act (CA Al 

Confidential Business Information (CBI) 

1. Pjirjuus 

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 IT, Chapters 8 and 9. 

d. Qean Air Act Confidential Business Information Security Manual (June 1995 

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 tides as trade secret, secret, 

administrative secret, company secret, secret proprietary, privUegedTadministrative confidential, 

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

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

Executive Order 11652. 

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5. Background 

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

"Any records, reports, or information obtained under subsection (a) shall be 

available to the public, except that upon a showing satisfactory to the 

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

part thereof, (other 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 particukir portion thereof confidential in 

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

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

officers, employees, or authorized representatives ofthe Umted States concerned 

with carrying out this Act or when relevant in any proceeding under this Act*1 

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, of the Code of Federal Regulations. These 

regulations require EPA offices to include a notice with each request for infonnation to inform the 

business of: (1) its right to assert a claim of confidentiality covering part or all ofthe information, 

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

submission. In addition, the regulations: (1) set forth procedures, for the safeguarding of 

confidential information; (2) contain provisions fbr providing confidential infonnation to authorize 

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

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

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

Each request fbr 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 Infonnation 

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

Office ofthe Director (OD) directs the logging ofthe material and the establishment of a 
P.14 

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 "Subjea 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 tlie open literature, whether it is emission data, and whether it likely provides 

its holder whh a competitive advantage. If the infonnation is clearly not confidentiaL 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 infonnation. 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 .ilso filed with the folder containing the information. If CAA CBI 

is received from trie owner via an authorized representative or a third parry, the same procedure is 

followed, with the addition of clearly identifying the information and its source. By regulation, 

information fbr 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. 

at* 

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, die 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) .ind the minimum number of persons required to effectively maintain normal 

business operations. Records of the 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. 

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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 retums^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 information is limited to those 'persons having a need to know in 

performing their official duties. 

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

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

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

position, or security clearance. The names of persons granted access to CAA CBI are placed on 

the Qean 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 information (and any abstracts or excerpts therefrom) upon 

request or whenever the information is no longer required fbr the performance ofthe work. 

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(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 whh 40 CFR 

2, Subpart A. The Freedom of Infonnation Act Coordinator must be consulted prior to 

responding to any request for infonnation if a claim of confidentiality has been asserted or if there 

is reason to believe that a claim might be made if tlie (business knew release was intended. 

». 

e. Use and Disclosure of CAA Confid.«itial 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 

/S 
-EiZ. 

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 t>y 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 sm 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 tp 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 tiie marked-up copy is returned by the business firm. 

When the reviewed copy of the report, as marked by tlie 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 

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Attachment A 

CAA CONFIDENTIAL BUSINESS INFORMATION 

CONTROL RECORD 

DATE RECEIVED: 

DATE OF DOCUMENT: 

RESPONSIBLE BRANCH: CONTROL NUMBER: 1 

DOCUMENT AUTHOR: 

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

RETURN DATE: DESTRUCTION DATE: INITIALS: 

Each person given aeeess to this document toast fill in the information below 

CHECK-OUT 

SIGNATURE 

.• 

• 

DATE TIME 

.• 

CHECK-IN 

SIGNATURE 

• 

\ . 

" ^ 

DATE TIME] 

CAA CBI Font. 1 (Rev. 6/93) 

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Attachment B 

1. AUTHORIZATION FOR ACCESS TO CAA CBI POR 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 

EL CONFTOEimALirY AGREEMENT FOR COITOUCFOR 

I understand that I will have access to certain Confidentiri Business Infonnation snlmiittcd to EPA or 

its authorized representatives under die 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 .ind Agency 

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

up to 1 year if I willfully disclose CAA CBI to aityperscn not authorized to iecshreh. In addition I 

understand that I may be subject to disciplinary .ictionforvk>Iationofthb4igreenMntwrdirMnaIties 

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 

DX HAVING COMPLETE .REQUIRED TRAINING ANT* PASSED REQUIRED 

TEST, THE ABOVE-NAMED EMPLOYEE IS HEREBY AUTHORIZED T O HAV E 

ACCESS TO CAA CBL 

SIGNATURE CONTRACTOR/DCO TELEPHONE NO. DATE 

• Must be Contractor Management 

CAA CBI Form 3 (Rev. 6/95) 

i&