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OAR Box 1500 

Prepped by Ollie Stewart 

Document Number: 

39) II-C-&4 6$ 

Docket Number: 

A-94-52 

Printed 8/5/2008 1:51:28 PM Sheet 39 of 343 
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+s«° sr4 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

Office of Air Quality Planning and Standards 

Research Triangle Park, North Carolina 27711 

^

J

 'oo? 

, . OCT 22^99 

Mr. Mark Aker I j 

AKER Plastics Company, Inc. j ^"r H A MIR DOCKET 

1001 North Oak Road 

Plymouth, Indiana 46563 

Dear Mr. Aker: 

The U.S. Environmental Protection Agency (EPA) is in the process of developing 

national emission standards for hazardous air pollutants (NESHAP) for the reinforced plastic 

composites industry under Section 112 ofthe Clean Air Aa (CAA), as amended in November 

1990. As part of this activity, the EPA has analyzed data on resins that you provided in industry 

screening surveys submitted in 1993. The EPA is currently reviewing these surveys for 

information on gel coats and is gathering additional information on gel coats in order to develop 

a hazardous air pollutant (HAP) limit in terms of pounds of HAP per gallon of gel coat. 

• * 

After analyzing the information we have gathered to date, we have identified your 

company as one from which additional data are desired. Therefore, we request that you provide 

us the information listed in Enclosure 1 for all of your and your parent company's reinforced 

plastic composites facilities. For your convenience, Enclosure 1 is also provided as a 

WordPerfect 5.1 file'on the accompanying diskette. 

The information we are requesting is necessary for the EPA to carry out its 

responsibilities as defined by the CAA The EPA's authority to gather information is presented 

in Section 114 ofthe CAA, as amended, (42 U.S.C. 7414). Enclosure 2 contains a summary of 

this authority. You should also be* aware that any failure to comply with our information request 

is a violation of Section 114, aruj as such is subject to enforcement under Section 113 

[specifically, 113(d)(1)(B)] ofthe CAA, which provides civil penalties of up to $25,000 per day 

of violation. If you believe that disclosure of any specific infonnation that you submit would 

reveal a trade secret, clearly identify such specific information as confidential. Please do not 

label an entire response "confidential" if only certain portions contain trade secret information. 

Refer to Enclosure 2 for the information the EPA may require, at a later time, to support your 

confidentiality claims. 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 infonnation 

when it is received by the* EPA it may be made available to the public by the EPA without 

further notice (40 CAR part 2.203, September 1,1976). Because Section 114(c) ofthe CAA 

exempts emission data from claims of confidentiality, any emissions data you provide may be 

made available to the public. A clarification of what the EPA considers to be emission data is 

contained in Enclosure 3. 
P.3 

The EPA has contracted Pacific Environmental Services, Inc. (PES) under contraa No. 

68-D6-0013 to obtain information pertinent to this industry. As noted in Enclosure 4, PES has 

been designated by the EPA as an authorized representative ofthe EPA and, as such, has the 

rights discussed above and in Enclosure 2. Accordingly, PES will have access to all information 

provided to the EPA in response to this request As a designated representative ofthe Agency, 

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

processes entitled to protection as trade secrets. 

Enclosure 5 summarizes EPA and Emission Standards Division policies and procedures 

for handling privileged information and describes the EPA's 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 5 provides sufficient 

protection for the rights of those submitting privileged information. 

We request that you complete and return the completed information request by August 1, 

1997. If you have any questions regarding this request or are unable to provide responses to tiie 

enclosed questions by the deadline, please contact Ms. Madeleine Strum ofthe EPA Coatings 

and Consumer Products Group at (919) 541-2383. 

Sincerely, 

^ Bruce C. Jordan 

Direaor 

Emission Standards Division 

5 Enclosures (Enclosure 1 also provided on diskette) 

cc: Mr. Timothy J. Method, Deputy Commissioner, Office of Air Management, Indiana 

Department of Environmental Management (Enclosure 1 only) 

Mr. David Kee, Director, Air and Radiation Division, EPA Region V, Chicago, Illinois 

(Enclosure 1 only) 

-2. 
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ATTACHMENT 

IDENTICAL LETTERS SENT TO THE FOLLOWING ADDRESSEES: 

Mr. Joe Kronewitter 

Bremen Glass, Inc 

1010 West Dewey Street 

Bremen, Indiana 46506 

cc: Mr. Timothy J. Method, Deputy Commissioner, Office of Air Management, Indiana 

Department of Environmental Management 

Mr. David Kee, Region V 

Mr. Carlos Sanchez 

Classic Motor Carriages 

16650 NW 27 Th Avenue 

Miami, Florida 33054 

cc: Mr. Howard Rhodes, Division Director, Air Resources Management, Florida Department of 

Environmental Protection 

Mr. Winston Smith, Region IV 

Mr. Teri Schenk 

Global Glass, Inc 

28967 US 33 West 

Elkhart, Indiana 46516 

cc; Mr. Timothy J. Method, Deputy Commissioner, Office of Air Management, Indiana 

Department of Environmental Management 

Mr. David Kee, Region V 

Mr. Rick Mullininx 

Great Dane Trailers Indiana, Inc. 

P. O. Box 350 

Brazil, Indiana 47834 

cc: Mr. Timothy J. Method, Deputy Commissioner, Office of Air Management, Indiana 

Department of Environmental Management 

Mr. David Kee, Region V 

3 
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Mr. Richard Sandstrom 

Johnson Truck Bodies 

215 E.Allen Street 

Rice Lake, Wisconsin 54868 

cc: Mr. Donald F. Theiler, Director, Bureau of Air Management (AM/10), Wisconsin 

Department of Natural Resources 

Mr. David Kee, Region V 

Mr. Marvin Hart 

Prestigious Accessories, Inc. 

12478 Massey Avenue 

Tyler, Texas 75708 

cc: Ms. Beverly Hartsock, Deputy Director, Office of Policy and Regulatory Development, 

Texas Natural Resource Conservation Commission 

Mr. Al Davis, Region VI 

Mr. Bob Mitchell 

Tri-Glas/VMC Fiberglass Products, Inc. 

3 Barner Road 

Daleville, Alabama 36322 

cc: Mr. Ron Gore, Director, Air Division, Alabama Department of Environmental Management 

Mr. Winston Smith, Region IV 

Mr. Paul Mitchell 

Ultra/Glass of Lakeville 

P.O. Box 407 

Lakeville, Indiana 46536 

cc: Mr. Timothy J. Method, Deputy Commissioner, Office of Air Management, Indiana 

Department of Environmental Management 

Mr. David Kee, Region V 

H 
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Enclosure 1 

Survey of 1996 Gel Coat Usage by Reinforced Plastic Composites Manufacturers for NESHAP 

Development 

If your company has multiple facilities, please complete a copy of this survey for each facility. 

Name of Facility: • 

Address: 

Contact Person, Affiliation: 

Phone Number of Contact Person: 

Type of products produced: 

If your facility uses an air emissions treatment device to control hazardous air pollutant (HAP) 

emissions from resin or gel coating operations, please describe the type and the emission control 

efficiency of equipment used: 

If you would be interested in discussing your experiences with gel coats that contain lower HAP 

or volatile organic compounds, please indicate: 

Yes No 

5 
For each facility, please complete Table 1 and attach material safety data sheet pages that have 

hazardous ingredient and density information for each gel coat used in 1996. 

Table 1. Gel Coat Consumption 

S^ 

Gel Coat 

Supplier 

Product 

Number Color 

Amount 

Usedin 

1996 

(Pounds) 

Type of 

Use* 

Styrene 

Content 

(Weight % 

from 

MSDS) 

MMA" 

Content 

(Weight % 

from 

MSDS) 

Amount of 

Styrene 

added 

(Pounds) 

Amount of 

MMA" 

added 

(Pounds) 

Gel Coat 

Density 

(Pounds per 

Gallon) 

"Indicate all that apply: 

T = tooling (making molds) 

P = production (normally applied to the mold surface) 

O = other (please specify here 

bMethyl methacrylate 
Table 2. Types of Application Equipment Used 

Equip. 

Type" 

Mix 

Typeb No. of Units Manufacturer 

' 

Model No. Description of usec 

* In Table 2, please indicate which of die following types of equipment are used to apply the gel coat: 

(a) air-atomized spray in which compressed air is used to siphon gel coat from a cup or pot and atomize it; 

(b) high volume low pressure (HVLP) air atomized spray, which is defmed as an application system which is operated at an air 

pressure of less than 10 pounds per square inch gauge (psig) at the air cap ofthe spray gun; 

(c) airless spray equipment in which the gel coat is pressurized by a fluid pump; 

(d) air-assisted airless spray (AAAS); or 

(e) other (please describe). 

b

 Please indicate whether the equipment is an internal (I) or external (E) mix type. 

c

 For each type of equipment, please describe how and where you use each type. For example, if you use one type of equipment exclusively for applying 

tooling gel coat in the mold shop, note this in the last column of this table. 

CO 
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Enclosure 2 

EPA's Information Gathering Authority 

Under Section 114 of the Clean Air Act 

Under Section 114 ofthe Act (42 U.S.C. 7414), Congress has given the 

U.S. Environmental Protection Agency broad authority to secure information needed "for the 

purpose of (i) developing or assisting in the development of any implementation plan under 

Section 110 or 111(d), any standard of performance under Section 111, or any emission standard 

under Section 112, (ii) detennining whether any person is in violation of any such standard of 

any requirement of such a plan, or (iii) carrying out any provision of this Act." Among other 

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

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

the purpose of developing such standards. In addition, the EPA Office of General Counsel has 

interpreted Section 114 to include authority to photograph or require submission of photographs 

of pertinent equipment, emissions, or both. 

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

even if you consider it to be confidential. You may, however, request that EPA treat such 

information as confidential. Information obtained under Section 114 and covered by such a 

request will ordinarily be released to the public only if EPA determines that the information is 

not entitled to confidential treatment.1 Procedures to be used for making confidentiality 

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

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

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

Pursuant to § 2.204(a) of EPA's Freedom of 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 

'Section 114 requires public availability of all emission data and authorizes disclosure of confidential 

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

% 
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treatment even though no request for release ofthe information has been received, please be 

advised that EPA will seek, at that time, the following information to support your claim as 

required by § 2.204(e)(4) of EPA's FOIA regulations: 

1. Measures taken by your company to guard against undesired disclosure of the 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 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 the information would be likely to result 

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

harmful effects would be, why they should be viewed as substantial, and an explanation of 

the causal relationship between disclosure and such harmful effects. 

<\ 
Enclosur e 3 

p.11 

7042 Federal Register / Vol. 58. No. 35 / Thursday, February 21. 1991 / Notices 

Dated: February 14.1091. 

Paul Lapsley, 

Director, Regulatory Management Division. 

(FR Doc. 91-4113 Filed 2-20-81: MS am] 

BIUJM coos issa-ta-w 

lAD-fRL-3906-3) 

Disclosure of Emission Oatt CMmed 

as Confidential Under Sections 110 

and 114(c) of the Clean Air Act 

AQENCY: l£nvironmental Protection 

Agency (EPA). 

ACTION; Notice of policy on public 

release of certain emission data 

submitted under sections 110 n d 114(c) 

of the Clean Air Act (CAA). 

SUMMARY: Section 114(c) of the CAA 

excludes emission data fiom the general 

definition of trade secret information. 

Certain classes of data submitted to the 

EPA under sections 110 and 114(a) of the 

CAA 4ue emission data. and. as such, 

connnot be withheld Cram disclosure ss 

confidential pursuant to section 1905 of 

tide 18 of the United States Code. This 

notice clarifies EPA'i current policy, and 

solicits comment regarding that policy 

and categories of data which it 

considers excluded from a trade secret 

definition. 

OATES Written comments pertaining to 

this notice are requested by April 22. 

199L 

AOORUSES: Submit comments to: Nancy 

D. Riley, LIS. Environmental Protection 

Agency, Emiasion Standards Division. ' 

Pollutant Assessment .Branch (MD-13). 

Research Triangle .Park. NC 27711. 

roa FURTHBI iNPomunoN CONTACT: 

Timothy Mohin (telephone: (BIB) 541-

5349 commercial/FTS 629-6349) or 

lbren Blanchard (telephones (919) 541-

5503 commercial/FTS 629-6503), 

Pollutant Assessment .Branch (MD-13). 

Emission Standards Division: or Thomas 

Rostndshl (telephone: (919) 541-5404 

commercial/FTS 629-5404). National Air 

DaU Branch (.MD-14). Technical 

Support Division: U.S. Environmental 

Protection Agency. Research Triangle 

Park. North Cirollna 27711. 

SUPPLEMENTARY INFORMATION: The EPA 

routinely uses, the authority of sections 

110 and 114(a) of the CAA to gsther 

technical infonnation from Industries 

involved In operations that lead to 

emission of pollutants to the ambient 

sir. This information has been used. • 

among other things, to better 

characterise emitting facilities and to 

evaluate the need for and lmpacta of 

potential regulation. 

Infonnation requests under sections 

110 and 114(a) of the CAA typically 

include queations on uncontrolled and 

controlled emission ratea 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 made 

under section 114(c) of the CAA, which 

states:"* * * upon a showing 

satisfactory to tne Administrator by eny 

person mat records, reports, or 

information, or a particular pert thereof, 

(other than emission data) to which the 

Administrator has access under this 

section if made public, would divulge 

methods or processes entitled to 

protection as trade secrets of such 

person, the Administrator shall consider 

such* * * confidential in accordance 

witii the purposes of section 1905 of tide 

18 of the United States Code * * *." If 

the Administrator so determines, the 

information is not disclosable to the 

public. 

However, section 114(c) of the CAA 

provides that infonnation claimed to be 

a trade secret but which constitutes 

emission data may not be withheld as 

confidential. Although typically .the EPA 

evaluates whether Information 

constitutes emission data on a case-bycase basis, it believes that some kinds of 

data wiU always constitute emission 

data within the meaning of section 

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

describe, widiout attempting to be 

comprehensive, that information which 

the EPA generally considers to be 

emission data, and which cannot quality 

as confidential under either section 

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

CFR 51J21,5U22 and 51.323) of tha 

CAA. The EPA ia issuing this notice to 

clarify its policy and procedures, to 

facilitate the use of these data in 

automated data systems and computer* 

baaed simulation models, and to 

expedite processing of claims for 

confidentiality or requests for 

disclosure. 

The EPA presently determines that 

data aubmitted to it as emission data 

does not qualify sa confidential if It 

meets the following definition under 40 

CFR2-301(e)(2)(i): 

a. Definitions. For-the purpose of this 

section: (1) Act means the Clean Air 

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

(2)(i) Emission data means, with 

reference to any source of emission of 

any substance into the air— 

(A) Information necessary to 

determine the identity, amount 

frequency, concentration, or other 

characteristics (to the extent related to 

air quality) of any emiasion which has 

been emitted by the airarce (or of any 

pollutant resulting from any emission by 

the source), or any combination of die 

foregoing: 

(B) Information necessary to 

determine the identity, amount 

frequency, concentration, or other 

characteristics (to the exteat related to 

air quality) of the emission which, under 

an applicable standard or limitation, the 

source was authorized to emit 

(including, to the extent necessary for 

such purposes, a description ofthe 

manner or rate of operation ofthe 

source), or any combination of the 

foregoing: 

(C) A general description ef die 

location and/or nature of the smote to 

the extent necessary to Identify die 

source end to distinguish tt from other 

sources (Including, to the extent 

necessaiy for such purposes, a 

description of tlie device, installation, or 

operation constituting the source). 

The table below lists tha specific data 

fields which du EPA presently 

considers to mnatitute emission data 

and provides a brief description ef what 

each data field describes. The 

descriptions are intended to provide 

general information. This list is not 

exhaustive and, therefore, other 4data 

might be found, in a proper case, to 

constitute emission data. 

Emission Data Fields 

Fadlity Identification: Tha following data 

fields ara needed to establish tha identity and 

location of emission sources, this shall alio 

include a description or ah identifier ef tin 

device, installation, or operation constituting 

the aource. Theee data an oaad to locate 

sources tor dispersion evaluation and 

exposure morifHng. 

Plant Name and related point identifiers 

Address 

City 

County 

AQCR (Air QiMlity Canfrol Raajoa) 

MSA, PMSA^CMSA (Metropolitan Statistical 

Areas) 

State 

Zip Code 

Ownership and point of contact information 

Locauonat identifiers: 

Latitats • Longitude, or UIM Grid 

Coordinates 

SIC (Standard Induatrial aaaslRcatton) 

Emission point device or operation 

description, iafenaattoa 

SCO [Source Classification Codas) 

Emissions Parametera: The foUowini data 

fields an needed to eatabllah tha 

characteriatica of the emlastona. Thia 

information is needed tor the analyses of 

dispersion sad potential control equipment 

Emission type 

[e.g, nature of emlaaione such aa COi). 

particulate or a spaciflc toxic compound, 

sund origin of emisslaoa such aa pracesa 

vanta, storage tanka or equipment leaks) 

Emission rata 

10 
P.12 

Federal Register / VoL 5a No. 35 / Thursday. February 21, 1991 / Notices 

. • • i ....••" • t • » II • 

7043 

Ja.g, the amount released to the 

atmosphere over time such as kg/yr or 

lbs/hr) 

Release height 

(e.g, height above ground level where the 

pollutant is emitted to the atmosphere) 

Description of terrain end surrounding 

structures 

(eg, die size of die area associated with 

adjacent structures in square meters and 

terrain deacriptiona such aa 

mountainous, urban, or rural) 

Stack or vent diameter at point of emisaions 

(eg, the inside diameter of vent at Uie 

point of emiasion to the atmosphere ia 

meters) 

Release velocity 

(eg., velocity of release in m/sec) 

Release temperature 

(ejj, temperature of release at point of 

releaae in degreea Kelvin) 

Frequency of release 

(eg, how often a release occurs in events 

per year) 

Duration of release 

(eg* the time associated with a releaae to 

the atmosphere) 

Concentretion 

(e JJ, the amount of an emiasion stream 

constituent relative to other stream 

constituents expressed u parts per 

million (ppm). volume percent or weight 

percent) 

Density of the emissions stream or average 

molecular weight 

(eg , density expressed as fraction or 

multiple of the density of ain molecular 

weight In g/g-mole) 

Boiler or process design capadty 

(eg, the gross heating value of fuel input to 

a boiler at Its maximum design ratej 

Emlnion estimation method 

(e.e, the method by which aa emission 

estimate haa been calculated such as 

material baUnce. source test use of AP42 emission factors, etc) 

Percent apace heat 

(eg, the percent of fuel used for space 

heating) 

Ifouriy maximum design rate: 

(eg, the greatest operating rate that would 

be expected for a source in a l-hour 

period) 

The EPA has determined that these 

data are emission data and releasable 

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 and 114 

of the CAA will indicate that these 

emission data will not be held 

confidentiaL This determination applies 

only to the data listed in the table. 

Determinations will continue to be made 

on a case-by-case basis for data not 

specified in this generic determination. 

After consideration of comment a on 

this policy, a revised policy/ 

determination may be published. 

Dated: February a 1991. 

Michsel Shapiro. 

Artty Assistant Adiwnistrolor for Air and 

Radiation. 

[FR Doa 91*4114 Filed 2-20-81: MS sm] 

BIULINQ COOS ISSO-M-M 

[OPP-200000A; FRU3879-41 

Request for Proposals; Research and 

Development on Antimicrobial Test 

Methodology and Statistical Support 

on iSxperltnentst Design and Data 

Analysis; Extension of Proposal 

Deadline 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Extension of proposal deadline. 

SUMMARY: This notice announces the 

extension of deadline for a Request for 

Proposal that published in the Federal 

Register of December 6,1990. The 

Request for Proposal wa s published to 

solicit proposals which will result ia the 

development of a reproducible, reliable, 

and statistically valid sporiddal test 

method used to evaluate the efficacy of 

antimicrobial pradncts bearing sterilizer 

or sporiddal claims. In addition, 

proposals for statistical support to 

independently evaluate the 

experimental designs of projects and to 

analyze results from on-going test 

methodology research were also 

aolidted. 

OATES: The new deadline for proposal 

submission to the Agency is February 

28.1991. 

ADDRESSES: The original and eight 

copies must be sent to: Grants 

Operations Branch (PM-216F). 

Environmental Protection Agency, 401M 

S t. SW, Washington. DC 2048a One 

copy of the original must be sent to: 

Susan Parker. Registration Division 

(H7505C). Environmental .Protection 

Agency. 401M St, SW, 2046a 

Application Kits may be obtained from: 

Granta Operations Branch (PM-216F), 

Environmental Protection Agency, 401M 

S t, SW, Washington. DC 2046a or call: 

(202) 382-5260. 

FOR FURTHER INFORMATION CONTACT: 

Susan Parker, Registration Division 

(H7S05C). Environmental Protection 

Agency. 401M St, SW, Washington, DC 

20460. Phone number. (703) 557-2141. 

SUPPLEMENTARY INFORMATION: EPA 

issued a Request for Proposal in the 

Federal Regietar of December 8,1990 (55 

FR 50388). The original submission 

deadline was January 3 a 1991: the new 

deadline for proposal submission is 

extended to February 28,1001. 

Dated: February 12,1991. 

Douglas D. Camnt 

Director, Office of Pesticide Programs. 

(FR Doe 01-4120 Filed 2-20-01:8:48 am] 

Btamocooetsawo-r 

[OPP-180841; FRt-aan-e) 

tinergeney Exemptions 

AGENCY: frvironmental Protection 

Agency (EPA). 

ACTIOK Notice 

SUMMARY: EPA h u granted specific 

exemptions far the control of vsrious 

pests to the seven States aa listed below 

and one by the United States 

Department of Agriculture. Four crisis 

exemptions were initiated, two by the 

Florida Department of Conaumer 

Services and two by the United States 

Department of Agriculture. These 

exemptions. Issued during the months of 

November and December, except for the 

one in October, ara subject to 

application and timing restrictions and 

reporting requirements designed to 

protect the environment to the maximum 

extent possible Information on these 

restrictions is svailable from the contact 

persons In EPA listed below. 

DATES: See eech spedfic and crisis 

exemption for its effective date. 

FOR FURTHER INTORMATION CONTACT: 

See each emergency exemption for the 

name of the contact person. The 

following information appliea to all 

contact pereons: By mail: Registration 

Division (H7505CJ, Office of Pesticide 

Programs. Environmental Protection 

Agency. 401M St, SW, Washington. DC 

2048a Office location and telephone 

number Rm. 718, CM #2.1921 Jefferson 

Davis Highway, Arlington. VA, (703-

557-1606). 

SUPPtEMENTARY INFORMATION: EPA has 

granted spedfic exemptions to tiie: 

1. Califomia Department of Food and 

Agriculture for the use of chlorothalonil 

on mushrooms to control vertidlllum 

diseases; November 14,199a to 

November 13,199L (Susan Stanton) 

2. Califomia Department of Food and 

Agriculture for the use of avennectin Bi 

on celery to control aerpentiae 

leafminers: November 19,1990, to 

November lit 199L (Libby Pemberton) 

3. California Department of Food .ind 

Agriculture for tha use of melhyl 

bromide on carrota to control 

nematodes: December 21.1990. to 

December 20,1091. (Libby Pemberton) 

4. Idaho Department of Agriculture for 

the uae of pendlmethaHn on spearmint 

and peppermint to control kochia and 

l\ 
P.13 

Enclosure 4 

<r*"*u% 

* • • 3 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

§ ^ff? 7 ? RESEARCH TRIANGLE PARK. NC 27711 

%«o ^ OFFICE OF 

AIR QUALITY PLANNING 

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 68D60013, Pacific Environmental Services 

(PES) (prime contractor) and Alpha-Gamma Technologies, 

Incorporated (proposed subcontractor) are hereby designated an 

Authorized Representatives of the Administrator of the United 

States Environmental Protection Agency for the purpose of 

assisting in the development of nations:! 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 Representatives 

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: 

Designation Expires: September 30, 1997 

S. Seitz 

Director 

Office of Air Quality Planning 

and Standards 

l l 
— — — P.14 

Enclosure 5 

*

N

 ef% ^ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

Office of Air Quality Planning and Standards 

Research Triangle Park. North Carolina 27711 

" "** December 1995 

Swmmary of OAQPS 

Procedures for Safeguarding Clean Air Act (CAA) 

Confidential Business Information (CBI) 

1. Euotflse. 

This memorandum descnbes 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 Infonnation 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 with any applicable regulations,statute^ror policies to which EPA is subject. " 

4. Definition; 

Confidential Business Information - Infonnation claimed by the provider to be 

confidential. This information may be identified with such titles BS trade secret, secret, 

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. 

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5. Background 

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

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

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

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

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

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

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

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

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

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

officers, employees, or authorized representatives ofthe United States concerned 

with carrying out this 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 

Ctean Air Act, is governed by Title 40, Part 2, ofthe Code of Federal Regulations. These 

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

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

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

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

confidential information; (2) contain provisions for providing confidential information to authorize 

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

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

disclosure of infonnation within EPA to employees with an ______ 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 

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

' 6. Procedures: 

a. Request for Information 

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 Infonnation 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 

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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 infonnation to determine whether it is likely to be confidential in contrast 

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

its holder with a competitive advantage. If the information is cleariyjjgiconfidential, 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 conect ESD project number, and lists those persons who 

are authorized to have access to the information. The information and memorandum are hand 

carried to the OD and placed in the CBI files with the material. A record of who will see the 

information (Attachment A) is also filed with the folder containing the information. If CAA CBI 

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

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

information for which confidential treatment is requested must be so marked or designated by the 

submitter. The EPA takes additional measures to ensure that the proprietary designation is 

uniformly indicated and immediately observable. All unmarked or undesignated information 

(except as noted below) is freely releasable. 

C. Storage of CAA Confidential Business Infonnation 

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

minimum, in a combination-locked cabinet. Normal procedure is to secure this information is a 

cabinet equipped with a security bar and locked using a four-way, changeable combination 

padlock. In addition, the entrance door to the CBI storage room is equipped with a changeable 

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

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

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

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

conformance with the requirements of the EPA Security Manual. 

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

combinations is transfened, 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 infonnation. All confidential files may be returned no later than 4:30 p.m. on the same 

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

checked out. 

3 

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The individual who signs out a confidential file is responsible for its safekeeping. The file 

must not be left unattended. The information must not be disclosed to any non-authorized 

personnel. 

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

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

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

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

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

d. Access to CAA Confidential Business Information 

Only authorized EPA employees may open a distribute CAA CBI. 

Only employees who require and are authorized access to CAA CBI in the performance of 

their official duties are permitted to review documents and, upon receiving a confidential 

document, must sign and date the form shown in Attachment A to certify their access to the 

document. 

The CBI files are controlled by the OD, ESD, and managed by an authorized federal 

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

performing their official duties. 

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

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

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

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

the Clean Air Act CBI access list, which indicates the "specific" CBI each person is permitted to 

see. The Access List is reviewed and updated periodically. 

Companies under contract to perform work for the EPA may be designated authorized 

representatives of .EPA if such designation is necessary in order for the contractor to carry out the 

work required by the contract. As authorized representatives, contractors may be granted access 

to CAA CBI by the Director, ESD. The following conditions apply when it has been determined 

that disclosure is necessary: 

(1) The contractor designated as a representative and its employees (a) may 

use such confidential information only for the purpose of carrying out the work required, (b) must 

refrain from disclosing the information to anyone other than EPA without having received from 

EPA prior written approval of each affected business or ofan .EPA legal office, and (c) must 

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

request or whenever the information is no longer required for 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 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, and shall be enforceable by, both EPA and any affected business 

having a proprietary interest in the information. 

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

employees only upon approval ofthe Director, ESD. 

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

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

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

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

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

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

e. Use and Disclosure of CAA Confidential Business Information 

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

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

Subpart B. 

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

responsible for the CAA CBI. Any autiiorized 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 

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

receipt of CAA CBI, it is the policy of OAQPS to protect all parties involved in the following 

manner. 

Prior to or at the inception of a plant inspection, data-gathering visit, or source test, EPA 

or its authorized representative discusses with a responsible industry official the information 

sought, how it is to be used, and how it is to be protected. A copy of this summary is usually 

provided to the industry official being consulted. 

Following an inspection, visit, or test, a trip report is prepared to include, as practicable, 

all information received by EPA or its authorized representative during the visit or test. The 

report may be prepared by either EPA or its authorized representative. The draft of that report is 

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

A second copy ofthe drafi trip report is forwarded by EPA to the responsible industry official for 

review. The responsible industry official is requested by cover letter to review the report, clearly 

mark any information considered to be confidential, and return the marked up-report to the 

responsible EPA employee within 2 weeks of receipt. The original draft is kept in the CBI 

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

When the reviewed copy ofthe report, as marked by the responsible plant official, is 

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

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

accommodate technical changes, and the trip report is issued. 

2 Attachments 

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Attachment A 

CAA CONFIDENTIAL BUSINESS INFORMATION 

CONTROL RECORD 

DATE RECEIVED: 

• 

DATE OF DOCUMEMT: 

RESPONSIBLE BRANCH: CONTROL NUMBER: 

DOCUM.SNT AUTHOR: 

D.SSCRIPTION (Providing organization, title, subject, number of copies and number of pages) 

RETURN DATE: DESTRUCTION DATE: INITIALS: j 

| Each person given aeeess ta this document must fill in the information b*dow | 

| CHECK-OUT 

SIGNATURE 

• 

•• 

DATE TIME 

• 

CHECK-IN | 

SIGNATURE 

. 

DATE ,TIME | 

1 

CAA CBI Form I (Rev. 6/95) 

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Attachment B 

1. AUTHORIZATION FOR ACCESS TO CAA CBI FOR CONTRACTOR EMPLOYEES 

FULL NAME 

SSN 

POSITION 

CONTRACTOR 

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

supervision who require access to CAA CBI: 

1. Sign the Confidentiality Agreement for EPA Employees 

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

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

SIGNATURE OF AUTHORIZING OFFICIAL* 

TITLE 

TELEPHONE NO. DATE 

LOCATION 

IL CONFTOENTTALrTY AGREEMENT FOR CONTRACTOR EMPLOYEES 

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

hs 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 

up to 1 year ifl willfully disclose CAA CBI to any person not authorized to receive it In addition I 

understand that I may be subject to disciplinary action for violation of mis agreement whh penalties 

ranging up to and including dismissal. 

I agree that I will treat any CAA CBI furnished to me as confidential and that I will follow the 

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

I have read and understand these procedures. 

SIGNATURE TELEPHONE NO. DATE 

m . HAVING COMPLETE REQUIRED TRAINING AND PASSED REQUIRED 

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

ACCESS TO CAA CBL 

SIGNATURE CONTRACTOR/DCO TELEPHONE NO. DATE 

* Must be Contraaor Management 

CAA CBI Form 3 (Rev. 6/95) 

^O