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OAR Box 1672 

Prepped by Charmelle Mathews 

Document Number: 

•?\^_)\\-C-3 

Docket Number: 

A-98-13 

Printed 9/30/2008 11:01:00 AM Sheet 32 of 132 
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ll-C-3 

/ / % % UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

| r>MK^7 % Office of Air Quality Planning and Standards 

\ ^\>t- / Research Triangle Park, North Carolina 27711 

DEC 04 1997 

Mr. Steve Kuhrtz 

Vice President, Health, Safety & Environmental 

GATX Terminals Corporation 

500 West Monroe 

Chicago, Illinois 60661-3678 - - \'^'' 

Dear Mr. Kuhrtz: 

This letter is to request a site visit by Mr. Steve Shedd of 

the U.S. Environmental Protection Agency (EPA) and Mr. Greg 

LaFlam and Mr. Jay Helms of Pacific Environmental Services, Inc. 

PES) to the GATX facility in Philadelphia, Pennsylvania. 

Mr. Helms of PES discussed this visit with you on November 26, 

1997. We anticipate visiting the terminal at 8:30 a.m. on 

Friday, December 19, 1997. Mr. Helms or Mr. LaFlam will contact 

you in the near future to confirm this date and time. 

As you are aware, the EPA is developing National Emission 

Standards for Hazardous Air Pollutants (NESHAP) for organic 

liquids distribution (non-gasoline) facilities. The main 

emission sources of interest are as follows: 1) storage tanks; 

2) loading and unloading operations; 3) equipment leaks; and 4) 

waste and wastewater treatment and disposal operations. To 

assist in the development of this NESHAP, the EPA is collecting 

information on emissions of hazardous air pollutants (HAPs) from 

these emission sources and on the types of emission controls used 

on each of the sources. 

During the visit to your facility, we wish to: 1) discuss 

the facility and emission control operations; and 2) observe the 

storage tanks, wastewater systems, organic liquid transfer 

operations, and any associated emission control and emission 

monitoring equipment. Enclosure 1 identifies the type of 

information that we would like to obtain during our visit, and 

also contains a listing of the materials considered to be HAPs by 

the EPA. Feel free to provide any additional information that 

you believe is critical to our understanding of these processes, 

their HAP emissions, or the emission controls. Collection and 

organization of the information identified in Enclosure 1 prior 
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to our visit will greatly facilitate information exchange during 

the visit. 

The authority for the EPA's information gathering is 

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

Enclosure 2 contains a summary of this authority. If you believe 

that disclosure of the information we request would reveal a 

trade secret, you should clearly identify such information as 

discussed in the enclosure. Any information subsequently 

determined to constitute a trade secret will be protected under 

18 U.S.C 1905. If no claim of confidentiality accompanies the 

information when it is received by the EPA, it may be made 

available to the public by the EPA without further notice (40 CFR 

Part 2.203, September 1976). Because Section 114(c) of the Clean 

Air Act exempts emission data from claims of confidentiality, the 

emission 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. 

As noted in Enclosure 4, the EPA has designated PES as an 

authorized representative of the Agency. Therefore, PES has the 

rights discussed above and in Enclosure 4. As an authorized 

representative of the EPA, 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. The PES contract with 

the EPA is No. 68-D60013. 

Enclosure 5 summarizes the EPA policies and procedures for 

handling privileged information and describes the EPA contractor 

commitments and procedures for use of confidential materials. It 

is the EPA's policy that compliance by an authorized 

representative with the requirements detailed in Enclosure 5 

provides sufficient protection of the rights of those submitting 

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 

employment, he has compensation coverage from the Government 

under the Federal Employees Compensation Act (5 U.S.C 8108 et 

seq.); and 

^ 
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to our visit will greatly facilitate information exchange during 

the visit. 

The authority for the EPA's information gathering is 

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

Enclosure 2 contains a summary of this authority. If you believe 

that disclosure of the information we request would reveal a 

trade secret, you should clearly identify such information as 

discussed in the enclosure. Any information subsequently 

determined to constitute a trade secret will be protected under 

18 U.S.C 1905. If no claim of confidentiality accompanies the 

information when it is received by the EPA, it may be made 

available to the public by the EPA without further notice (40 CFR 

Part 2.203, September 1976). Because Section 114(c) of the Clean 

Air Act exempts emission data from claims of confidentiality, the 

emission 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. 

As noted in Enclosure 4, the EPA has designated PES as an 

authorized representative of the Agency. Therefore, PES has the 

rights discussed above and in Enclosure 4. As an authorized 

representative of the EPA, 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. The PES contract with 

the EPA is No. 68-D60013. 

Enclosure 5 summarizes the EPA policies and procedures for 

handling privileged information and describes the EPA contractor 

commitments and procedures for use of confidential materials. It 

is the EPA's policy that compliance by an authorized 

representative with the requirements detailed in Enclosure 5 

provides sufficient protection of the rights of those submitting 

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 

employment, he has compensation coverage from the Government 

under the Federal Employees Compensation Act (5 U.S.C 8108 et 

seq.); and 

3 
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2. If, due to the employee's negligence, property damage or 

personal injury to third parties occurs, the Federal Tort Claim 

Act (28 U.S.C. 1346) provides a means of fixing any liability 

upon the Federal Government. 

The Office of General Counsel has informed the Agency that a 

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

a waiver of liability and has instructed employees not to sign 

such waivers. If you have any questions regarding this refusal, 

please contact Mr. Donnell L. Nantkes, Office of General Counsel, 

at (202) 260-4556. 

Thank you for your cooperation. If you have any questions, 

please contact Mr. Steve Shedd of my staff at (919) 541-5397, or 

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

Sincerely, 

Cent C. Hustvedt, Leader 

Waste and Chemical Processes Group 

Emission Standards Division 

5 Enclosures 

H 
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Enclosure 1 

SUMMARY OF ORGANIC LIQUIDS DISTRIBUTION INFORMATION OF INTEREST 

To assist in the collection of information during the 

requested site visit, a summary of the information to be 

collected is provided below. At this time, this information 

pertains specifically to each of the emission sources of 

interest: 1) storage tanks; 2) loading and unloading operations,-

3) eguipment leaks; and 4) waste and wastewater treatment and 

disposal activities. As we learn more during the visit, 

additional HAP sources could be added to our scope. 

1. Product throughputs (e.g., bbl/year of each organic 

liquid), and process technical description, with 

simplified schematics and a plot plan of the entire 

facility. 

2. Types/concentrations of hazardous air pollutants (HAPs) 

in tanks/wastewater streams (or annualized mass 

emission rates) prior to emission control device. 

3. Types of emission reduction measures or control devices 

associated with each of the emission sources, if any. 

4. Control device efficiency or concentration of HAPs in 

air streams (or annualized mass emission rates) 

subsequent to the emission control device(s), if 

applicable. 

5. Capital and operating costs associated with the 

emission control device(s), if applicable. 

6. Operating and maintenance experience associated with 

the emission control device(s) (i.e., identify key 

operating parameters for efficient control, parameters 

that indicate poor control, or problems associated with 

a specific emission source/control device combination). 

7. Types of emission monitoring devices used to monitor 

emissions or control device performance, as applicable. 

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Rationale for selecting any emission control devices 

currently installed on the operations. 

Regulatory history and current regulatory requirements 

associated with emissions from the operations. 

6 
http://www.ep_.gOv/o_r/o_cffj/_irtox/l S8polls.txt 

SEC. 112 HAZARDOUS AIR POLLUTANTS - 7/8/96 update 

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"This draft list includes current EPA staff 

recommendations for technical corrections and 

clarifications of the hazardous air pollutants 

(HAP) list in Section 112(b)(1) of the Clean Air 

Act This draft has been distributed to apprise 

interested parties of potential future changes in the 

HAP list and is informational only. The 

recommended revisions of the current HAP list 

which are included in this draft do not themselves 

change the list as adopted by Congress and have 

no legal effect EPA intends to propose specific 

revisions of the HAP list, including any technical 

corrections or clarifications of the list, only 

through notice and comment rulemaking. * 

CAS No. Pollutant 

75-07-0 Acetaldehyde 

60-35-5 Acetamide 

75-05-8 Acetonitrile 

98-86-2 Acetophenone 

53-96-3 2-Acetylaminofluorene 

10742-8 Acrolein 

79-06-1 Acrylamide 

79-10-7 Acrylic acid 

107-13-1 Acrylonitrile 

10745-1 Allyl chloride 

92-67-1 4-Aminobiphenyl 

62-53-3 Aniline 

90-04-0 o-Anisidine 

1332-21-4 Asbestos 

71 -43-2 Benzene (including benzene from 

gasoline) 

92-87-5 Benzidine 

98-07-7 Benzotrichloride 

100-44-7 Benzyl chloride 

92-52-4 Biphenyl 

117-81-7 Bis(2-ethylhexyl)phthalate(DEHP) 

542-88-1 Bis(ehtoromelhyl) ether 

75-25-2 Bromoform 

106-99-0 1.3-Butadiene 

15 6-62-7 Calcium cy anamide 

105-60-2 Caprolactam (Removed 6/18/96, 

61FR30816) 

133-06-2 Captan 

63-25-2 Carbaryl 

75-15-0 Carbon disulfide 

56-23-5 Carbon tetrachloride 

463-58-1 Carbonyl sulfide 

120-80-9 Catechol 

133-904 Chloramben 

57-74-9 Chlordane 

7782-50-5 Chlorine 

79-11-8 Chloroacelic acid 

532-27-4 2-Chloroacelophenone 

108-90-7 Chlorobenzene 

510-15-6 Chlorobenzilate 

67-66-3 Chloroform 

107-30-2 Chloromethyl methyl ether 

126-99-8 Chloroprene 

1319-77-3 Cresol/Cresyl ic acid (mixed 

isomers) 

95-48-7 o-Cresol 

108-39-4 m-Cresol 

106-44-5 p-Cresol 

98-82-8 Cumene 

N/A 2,4-D (2,4-Dichlorophenoxyacetic 

Acid) (including salts and esters) 

72-55-9 DDE(l.l-dichloro-2,2-bis 

(p-chlorophenyl) ethylene) 

334-88-3 Diazomethane 

13244-9 Dibenzofuran 

CAS No. Pollutant 

96-12-8 l,2-Dibromo-3-chloropropane 

84-74-2 Dibutyl phthalate 

106-46-7 1,4-Dichlorobenzene 

91-94-1 S^'-Dichlorobenzidine 

111-44-4 Dichloroethyl ether 

(Bis[2-chloroethyl]ether) 

542-75-6 1,3-Dichloropropene 

62-73-7 Dichlorvos 

111-42-2 Diethanolamine 

6447-5 Diethyl sulfate 

119-90-4 3,3'-Dimethoxybenzidine 

60-11-7 4-Dimethylaminoazobenzene 

121-69-7 N,N-Dimethylaniline 

119-93-7 3,3'-Dimethylbenzidine 

79-44-7 Dimethylcarbamoyl chloride 

68-12-2 N,N-Dimethylformamide 

57-14-7 l.l-Dimethythydrazine 

131-11-3 Dimethyl phthalate 

77-78-1 Dimethyl sulfate 

N/A 4,6-Dinitro-o-crcsol (including salts) 

51-28-5 2,4-Dinitrophenol 

121-14-2 2,4-Dinitrotoluene 

123-91-1 1,4-Dioxane (1,4-Diethyleneoxide) 

122-66-7 1,2-Dipheny (hydrazine 

106-89-8 Epichtorohydrin 

(l-Chloro-2,3-epoxypropane) 

106-88-7 1,2-Epoxybutane 

140-88-5 Ethyl acrylate 

10041-4 Ethylbenzene 

51-79-6 Ethyl carbamate (Urethane) 

75-00-3 Ethyl chloride (Chloroethane) 

106-93-4 Ethylene dibromide (Dibromoethane) 

107-06-2 Ethylene dichloride 

(1,2-Dichloroethane) 

107-21-1 Ethylene glycol 

151-56-4 Ethyleneimine (Aziridine) 

75-21-8 Ethylene oxide 

96-45-7 Ethylene thiourea 

75-34-3 Ethylidene dichloride 

(1,1 -Dichloroethane) 

50-00-0 Formaldehyde 

7644-8 Heptachior 

118-74-1 Hexachiorobenzene 

87-68-3 Hexachlorobutadiene 

N/A 1,2,3,4,5,6-Hexachlorocyclyhexane 

(all stereo isomers, including 

lindane) 

77-47-4 Hexachlorocyclopentadiene 

67-72-1 Hexachloroethane 

822-06-0 Hexamethylene diisocyanate 

680-31-9 Hexamethylphosphoramide 

110-54-3 Hexane 

302-01-2 Hydrazine 

7647-0 l-0Hydrochloric acid (Hydrogen 

chloride [gas only]) 

7664-39-3Hydrogen fluoride (Hydrofluoric 

acid) 

123-31-9 Hydroquinone 

78-59-1 Isophorone 

108-31-6 Maleic anhydride 

67-56-1 Methanol 

72-43-5 Methoxychlor 

74-83-9 Methyl bromide (Bromomethane) 

74-87-3 Methyl chloride (Chioromethane) 

71-55-6 Methyl chloroform 

(1,1,1-Trichloroe thane) 

78-93-3 Methyl ethyl ketone (2-Butanone) 

60-34-4 Methylhydrazine 

74-88-4 Methyl iodide (lodomethane) 

108-10-1 Methyl isobutyl ketone (Hexone) 

CAS No. 

624-83-9 

80-62-6 

1634444 

101-144 

75-09-2 

101-68-8 

101-77-9 

91-20-3 

98-95-3 

92-93-3 

10042-7 

7946-9 

684-93-5 

62-75-9 

59-89-2 

56-38-2 

82-68-8 

87-86-5 

108-95-2 

106-50-3 

7544-5 

7803-51-2 

N/A 

8544-9 

1336-36-3 

1120-714 

57-57-8 

123-38-6 

114-26-1 

78-87-5 

75-56-9 

75-55-8 

91-22-5 

106-514 

10042-5 

96-09-3 

. 174641-6 

79-34-5 

127-184 

7550454 

108-88-3 

95-80-7 

584-84-9 

95-534 

8001-35-2 

120-82-1 

7940-5 

7941-6 

95-954 

8846-2 

12144-8 

158249-8 

540-84-1 

1084S4 

593-60-2 

7541 4 

75-354 

1330-20-7 

9547-6 

108-38-3 

10642-3 

Pollutant . 

Methyl isocyanate 

Methyl methacrylate 

Methyl ten-butyl ether 

4,4'-MethyIenebis(2-chloro aniline) 

Methylene chloride 

(Dichloromethane) 

4,4'iMethylenediphenyt 

diisocyanate (MDI) 

4,4'-Methylenedianiline 

Naphthalene 

Nitrobenzene 

4-Nitrobiphenyl 

4-Nitrophenol 

2-Nitropropane 

N-Nitroso-N-methylurea 

N-Nitrosodtmethylamine 

N-Nitrosomorpholine 

Parathion 

Pentachloronitrobenzene 

(Quintobenzene) 

Pentachlorophenol 

Phenol 

p-Phenylenediamine 

Phosgene 

Phosphine 

Phosphorus Compounds 

Phthalic anhydride 

Polychlorinated biphenyls 

(Aroclors) 

1,3-Propane sultone 

bcta-Propiolactone 

Propionaldehyde 

Propoxur(Baygon) 

Propylene dichloride 

(1,2-Dichloropropane) 

Propylene oxide 

1,2-Propylenimine 

(2-Methylaziridine) 

Quinoline 

Quinone (p-Benzoquinone) 

Styrene 

Styrene oxide 

2,3,7,8-Tetrachlorodibenzo 

•p-dioxin 

1,1,2,2-Tetrachloroethane 

Tetrachloroethylene 

(Perchloroethylene) 

Titanium tetrachloride 

Toluene 

Toluene-2,4-diamine 

2,4-Toluene diisocyanate 

o-Toluidine 

Toxaphene (chlorinated camphene) 

1,2,4-Trichlorobenzene 

1,1,2-Trichloroethane 

Trichloroethylene 

2,4,5-Trichlorophenol 

2,4,6-Trichlorophenol 

Triethylamine 

Trifluralin 

2.2,4-Trimethylpentane 

Vinyl acetate 

Vinyl bromide 

Vinyl chloride 

Vinylidene chloride 

(1,1-Dichloroethylene) 

Xylenes (mixed isomers) 

o-Xylene 

m-Xylene 

p-Xylene 

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http://www.epa.gOv/ou/oaqps/airtox/l 88poIls.txt 

Antimony Compounds "Includes mono- and di- ethers of ethylene 

Arsenic Compounds glycol, diethylene 

(inorganic including arsine) glycol, and triethylene glycol R-(OCH2CH2)n 

Beryllium Compounds -OR'where 

Cadmium Compounds n = 1,2, or 3 

Chromium Compounds R = alkyl or aryl groups 

Cobalt Compounds R' - R, H, or groups which, when removed, 

Coke Oven Emissions yield glycol 

Cyanide Compounds 1 ethers with the structure: R-(OCH2CH2)n-OH. 

Glycol ethers2 Polymers are excluded 

Lead Compounds from the glycol category. 

Manganese Compounds 

Mercury Compounds 3 (Under Review) 

Fine mineral fibers3 

Nickel Compounds 4 (Under Review) 

Polycyclic Organic Matter. 

Radionuclides (including radon)5 5A type of atom which spontaneously 

Selenium Compounds undergoes radioactive decay. 

NOTE: For all listings above which contain the 

word "compounds" 

and for glycol ethers, the following applies: 

Unless otherwise 

specified, these listings are defined as including 

any unique 

chemical substance that contains the named 

chemical (i.e., 

antimony, arsenic, etc.) as part of that chemical's 

infrastructure. 

1 X'CN where X - H* or any other group where a 

formal dissociation 

may occur. For example, KCN or Ca(CN)2. 

2 (Under review) 

Glycol Ether definition draft options: 

Possible Correction to CAA 112(b)(1) footnote 

that would be 

consistent with OPPTS modified definition. 

New OPPTS definition as published is: 

R - (OCH2CH2)n - OR" where: 

n » 1,2, or 3 

R = alkyl C7 or less 

or R = phenyl or alkyl 

substituted phenyl 

R' = H or alkyl C7 or less 

or 0R'= carboxylic acid ester, sulfate, 

phosphate, nitrate or 

sulfonate 

CAA'Glycol ether definition exactly as in the 

statute (errors 

included): 

"Includes mono- and di ethers of ethylene 

glycol, diethylene 

glycol, and triethylene glycol R • 

(OCH2CH2)n-OR" where 

n»l.2,or.3 

R - alkyl or aryl groups 

R'» R.H or groups which, when removed, yield 

glycol ethers with 

the structure R-(0CH2CH)n*0H. Polymers are 

excluded from the glycol 

category. 

CAA Glycol ether definition with technical 

correction made.(A 2 was left out of the last 

formula) 
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http^Awwwjepa.gov/oaD'oaqps/aiit(»i/188poUs.txt 

Antimony Compounds "Includes mono* and di- ethers of ethylene 

Arsenic Compounds glycol, diethylene 

(inorganic including arsine) glycol, and triethylene glycol R-(OCH2CH2)n 

Beryllium Compounds -OR* where 

Cadmium Compounds n •» 1,2, or 3 

Chromium Compounds R«•alkyl or aryl groups 

Cobalt Compounds R'-R,H, or groups which, when removed, 

Coke Oven Emissions yield glycol 

Cyanide Compounds I ethers with the structure: R-(OCH2CH2)n-OH. 

Glycol ethers2 Polymers are excluded 

Lead Compounds from the glycol category. 

Manganese Compounds 

Mercury Compounds 3 (Under Review) 

Fine mineral fiben3 

Nickel Compounds 4 (Under Review) 

Polycyclic Organic Matter4 

Radionuclides (including radon)S 5 A type of atom which spontaneously 

Selenium Compounds undergoes radioactive decay. 

NOTE: For all listings above which contain the 

word "compounds" 

and for glycol ethers, the following applies: 

Unless otherwise 

specified, these listings are defined as including 

any unique 

chemical substance that contains the named • 

chemical (i.e., 

antimony, arsenic, etc.) as part of that chemical's 

infrastructure. 

1X"CN where X - H* or any other group where a 

formal dissociation 

may occur. For example, KCN or Ca(CN)2. 

2 (Under review) 

Glycol Ether definition draft options: 

Possible Correction to CAA 112(b)(1) footnote 

that would be 

consistent with OPPTS modified definition. 

New OPPTS definition as published is: 

R - (OCH2CH2)n - OR'where: 

n-1,2 , or 3 

R - alkyl C7 or less 

or R» phenyl or alkyl 

substituted phenyl 

R'- H or alkyl C7 or less 

or OR*** carboxylic acid ester, sulfate, 

phosphate, nitrate or 

sulfonate 

CAA'Glycol ether definition exactly as in the 

statute (errors 

included): 

"Includes mono- and di ethers of ethylene 

glycol, diethylene 

glycol, and triethylene glycol R • 

(OCH2CH2)n-OR* where 

n-U.or. 3 

R - alkyl or aryl groups 

R' • R.H or groups which, when removed, yield 

glycol ethers with 

the structure R<OCH2CH)n-OH. Polymers are 

excluded from the glycol 

category. 

CAA Glycol ether definition with technical 

correction made.(A 2 was left out of the last 

formula) 

\ 
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ENCLOSURE 2 

EPA's Information Gathering Authority 

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EPA's Information Gathering Authority 

Under Section 114 of the Clean Air Act 

Under Section 114 of the 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) 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 this Act." Amont 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 die public 

only if EPA determines mat the information is not entitled to confidential treatment.2 Procedures to be used for 

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

govenung information obtained under Section 114 are set forth in 40 CFR Part 2 ptiblished 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 die event a request is 

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

information in its possession is entitled to confidential treatment even though no request for release of die 

information has been received, please be advised that EPA will seek, at that time, the following information to 

support your claim as required by § 2.204(e)(4) of EPA's FOIA regulations: 

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

'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). 

Volume V," Sec. 4.3 Attachment 1 

January 1997 (ai.s-3u»\vou-u...i) Page 11 

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ENCLOSURE 3 

Disclosure of Emissions Data Claimed as Confidential 

Under Sections 110 and 114(c) of the Clean Air Act (CAA) 

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7042 Federal Register / Vol. 56. No. 35 / Thursday, February 21, 1991 / Notices 

Dated: February 14.1991. 

Paul Laptley, 

Director. Regulatory Management Division. 

(FR Doc. 91-4113 Filed 2-20-91; 8:45 ami 

BIUJM COOE IS80-1MI 

IAD-FHL-3906-3] 

Disclosure of Emission Oata Claimed 

as Confidential Under Sections 110 

and 114(e) of the Clean Air Act 

AQENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of policy on public 

release of certain emission data 

submitted under sections 110 and 114(c) 

of the Clean Air Act (CAA). 

SUMMARY: Section U4(C ) of the CAA 

excludes emission data from the general 

definition of trade secret information. 

Certain claaaea of data aubmitted to the 

EPA under sectiona UO and 114(a) of the 

CAA are emission data, and. at such, 

cannnot be withheld from disclosure as 

confidential pursuant to section 1905 of 

title 18 of the United States Code. This 

notice clarifies EPA's current policy, and 

solicits comment regarding that policy 

and categories of data which it 

considers excluded from a trade secret 

definition. 

OATES Written comments pertaining to 

this notice are requested by April 22. 

1991. 

ADDRESSES: Submit comments to: Nancy 

D. Riley, VS. Environmental Protection 

Agency, Emission Standard* Division. 

Pollutant Assessment Branch (MD-13). 

Research Triangle Park. NC 27711. 

PON FURTHER INFORMATION CONTACT: 

Timothy Mohin (telephone: (919) 541-

5349 conmercial/FTS 629-6349) or 

Karen Blanchard (telephone: (919) 541-

5503 commercial/FTS 629-6503), 

Pollutant Assessment Branch (MD-13), 

Emission Standards Division: or Thomas 

Rosendahl (telephone. (919) 541-5404 

commercial/FTS 829-54041. National Air 

Data Branch (MD-14). Technical 

Support Division: U.S. Environmental 

Protection Agency. Research Triangle 

Park. North Carolina 27711. 

SUPP1XNEMTARV INFORMATION: The EPA 

routinely uses, the authority of sections 

110 and 114(a) of the CAA to gather 

technical information from Industries 

involved In operations that lead to 

emission of pollutants to the ambient 

air. This Information haa been used. • 

among other things, to better 

characterize emitting facilities and to 

evaluate the need for and impacts of 

potential regulation. 

Information requests under sections 

110 and 114(a) of the CAA typically 

include questions on uncontrolled and 

controlled emission rates and emission 

parameters of the pollutant or group of 

pollutants of concern. The respondents 

sometimes claim that its response 

constitutes trade secret Information, and 

thus, should be treated as confidential. 

Claims of confidentiality may be made 

under section 114(c) of the CAA, which 

states:"* * * upon a showing 

satisfactory to the Administrator by any 

person that records, reports, or 

information, or s 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 * * * confidential in accordance 

with the purposes of section 1905 of tide 

18 of me United States Code* * Vl f 

the Administrator so determines, the 

Information is not disclosable to the 

public. 

However, section 114(c) of the CAA 

provides that Information 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). Ihe purpose of this notice is to 

describe, without attempting to be 

comprehensive, that information which 

the EPA generally considers to be 

emission data, and which cannot qualify 

as confidential under either section 

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

CFR 51.321.5L322 and 51.323) or the 

CAA. Ihe EPA is issuing this notice to 

clarify Its policy and procedures, to 

facilitate the use of these data In 

automated data systems and computer* 

based simulation models, and to 

expedite processing of claims for 

confidentiality or requests for 

disclosure. 

The EPA presently determines that 

data submitted to it as emission data 

does not qualify as confidential If it 

meets the following definition under 40 

CFR2.301(a)(2)(i): 

a. Definitions. For-the purpose of this 

section: (1) Act means the Clean Air 

Act as amended, 42 UJ3.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 emission which has 

been emitted by the atrarca (or of any 

pollutant resulting from any emission by 

the source), or any combination of the 

foregoing: 

(B) Information necessary to 

determine the identity, amount, 

frequency, concentration, or other 

characteristics (to the extent related to 

air quality) of the emission which, under 

an applicable standard or limitation, the 

source was authorized to emit 

(Including, to the extent necessary for 

such purposes, a description of the 

manner or rate of operation of the 

source), or any combination of the 

foregoing: 

(C) A general description of ihe 

location and/or nature of the source to 

the extent necessary to identify the 

source end to distinguish it from other 

sources (Including, to the sxtent 

necessary for such purposes, s 

description of the device. Installation, or 

operation constituting tha aource). 

The table betow lists the specific data 

fields which the EPA presently 

considers to constitute emission data 

and provides a brief description of what 

each data field describes. The 

descriptions are intended to provide 

general Information. This list Is not 

exhaustive and, therefore, other data 

might be found, in a proper case, to 

constitute emission data. 

Emission Data fields 

Facility Identification: The fotlowtni data 

fields are needed to establish the Identity and 

location of emission sources, this shall alio 

Include a description or aa (deadlier of the 

device, installation, or operation constituting 

Ihe source. These data are used to locate 

lotuees for dispersion evaluation and 

exposure modeling. 

Plant Name and related point Identifiers 

Address 

City 

County 

AQCR (Air Quality Control Region) 

MSA. PMS/WCMSA (Metropolitan Statistical 

Areas) 

State 

Zip Code 

Ownership and point of contact information 

Locatlonal Identifiers: 

Latitats k Longitude, or UTM Grid 

Coordinates 

SIC (Standard Industrial Classification) 

Emission point device or operation 

deeaiptioa. information 

SCC (Source Cleaaifieauon Codes) 

Emissions Parameters: The followini data 

fields are needed to establish the 

characteriatica of the emlsilona. This 

information ia needed tor the analyses of 

dispersion and potential control equipment 

Emission type 

(e.g., nsture ot emissions such as CO,). 

particulate or a specific toxic compound, 

and origin of emissions such aa process 

vents, storsge tanks or equipment leaks) 

Emission ret* 

(3 
P.15 

Federal Register / VoL 56. No. 35 / Thursday. February 21, 1991 / Notices 7043 

(e.g.. the amount released lo the 

atmosphere over time such as kg/yr or 

Ibs/hr) 

Release height 

(e.g.. height above ground level where the 

poUutant is emitted to the atmosphere) 

Description of terrain end surrounding 

structures 

(e.g, the size of the area associated with 

adjacent structures in square meters and 

terrain descriptions such as 

mountainous, urban, or rural) 

Stack or vent diameter at point of emissions 

(e.g.. Ihe Inside diameter of vent at the 

point of emission to the atmosphere in 

meters) 

Release velocity 

(e.g„ velocity of release in m/sec) 

Release temperature 

(e.g„ temperature of release at point of 

release In degrees Kelvin) 

Frequency of releaae 

(e-g* how often a release occurs In events 

per year) 

Duration of release 

(e.g., the time associated with a release to 

the atmosphere) 

Concentration 

(e.g, the amount of an emission stream 

constituent relative to other stream 

constituents expressed ss parts per 

million (ppm). volume percent or weight 

percent) 

Density of the emissions stream or average 

molecular weight 

(e.g, density expressed as fraction or 

multiple of the density of sin molecular 

weight In g/g-mole) 

Boiler or process design capacity 

(eg., the gross heating value of fuel input to 

a boiler at Its maximum design rate) 

Emission estimation method 

(eg, the method by which an emission 

estimate has been calculated such as 

material balance, source lest use of AP42 emission factors, etc) 

Percent space heat 

(eg, the percent of fuel used for space 

heating) 

Hourly maximum design rate: 

(e.g, the greatest operating rate that would 

. be expected for a source in a 1-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 information submitted to EPA 

in the future. Future requests for 

information under sections 110 and 114 

of the CAA will indicate that these 

emission data will not be held 

confidential. This determination applies 

only to the data listed in the table. 

Determinations will continue to be made 

on a case-by-case basis for data not 

specified in this generic determination. 

After consideration of comments on 

this policy, a revised policy/ 

determination may be published. 

Dated: February & 1991. 

Michael Shapiro, 

Acting Assistant Administrator for Air and 

Radiation. 

[FR Doc. 91-4114 Filed S-20-01; 6:45 am] 

BILLMO CODE SSSO-W-W 

Dated: February 12.1991. 

Douglas D. Campt, 

Director, Office of Pesticide Programs. 

[FR Doc. 91-4120 Filed 2-20-91: MS am] 

BIUJKQ CODE SSefr«D+ 

[OPP-200000A; FRL-3879-41 

Request for Proposals; Research and 

Development on Antimicrobial Test 

Methodology and Statistical Support 

on Experimental Design and Oata 

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 die Federal 

Register of December 6,199a The 

Request for Proposal was published to 

solicit proposals which will result in the 

development of a reproducible, reliable, 

and statistically valid sporiddal test 

method used to evaluate the efficacy of 

antimicrobial products bearing sterilizer 

or sporiddal claims, in addition, 

proposals for statistical support to 

independently evaluate the 

experimental designs of projects and to 

analyze results firom on-going teat 

methodology research were also 

solicited. 

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-218F), 

Environmental Protection Agency, 401M 

SL, S W« Washington. DC 20400. One 

copy of the original must be sent to: 

Susan Parker, Registration Division 

(H7505C), Environmental Protection 

Agency, 401M St, SW, 20460. 

Application Kits may be obtained from: 

Grants Operations Branch (PM-218F), 

Environmental Protection Agency. 401M 

SL, SW.. Washington. DC 2046a or call: 

(202) 382-5286. 

FOR FURTHER INFORMATION CONTACT: 

Susan Parker, Registration Division 

(H7505C). Environmental Protection 

Agency. 401M St.. SW, Washington. DC 

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

SUPPLEMENTARY INFORMATION: EPA 

issued e Request for Proposal in the 

Federal Register of December 6,1990 (55 

FR 50388). The original submission 

deadline was January 3a 1091: the new 

deadline for proposal submission is 

extended to February 28,1901. 

[OPP-180841: FRL-38n-61 

Emergency Exemptions 

AOENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY; EPA has granted specific 

exemptions far the control of various 

pests to the seven States ss listed below 

and one by the United States 

Department of Agriculture. Four crisis 

exemptions were initiated, two by the 

Florida Department of Consumer 

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, are subject to 

application and timing restrictions and 

reporting requirements designed to 

protect the environment to the maximum 

extent possible. Information on these 

restrictions Is available from the contact 

persons in EPA lilted below. 

DATES: See each specific and crisis 

exemption for its effective date. 

FOR FURTHER INFORMATION CONTACT: 

See each emergency exemption for the 

name of the contact person. Hie 

following information applies to all 

contact persons: By mail: Registration 

Division (H750SC), Office of Pesticide 

Programs. Environmental Protection 

Agency. 401M St, SW, Washington. DC 

2048a Office location and telephone 

number. Rm. 716, CM #2,1921 Jefferson 

Davis Highway, Arlington. VA, (703-

557-1806). 

SUPPLEMENTARY INFORMATION: EPA has 

granted specific exemptions to the: 

1. California Department of Food and 

Agriculture for the use of chlorothalonil 

on mushrooms to control vertidllium 

diseases; November 14.199a to 

November 13,1991. (Susan Stanton) 

2. California Department of Food and 

Agriculture for the use of avennectin B» 

on celery to control serpentine 

leafminers; November 19.1990, to 

November 18.1991. (Ltbby Pemberton) 

3. California Department ot Food and 

Agriculture for the use of methyl 

bromide on carrots to control 

nematodes; December 21,19S0, to 

December 20,1991. (Libby Pemberton) 

4. Idaho Department of Agriculture for 

the use of pendimethaUn on spearmint 

and peppermint to control kochla and 

IH 
P.16 

Federal Register / VoL 56. No. 35 / Thursday. February 21, 1991 / Notices 7043 

(e.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 ia emitted to the atmosphere) 

Description of terrain and surrounding 

structures 

(e.g. the size of tha area associated with 

adjacent structures in square meters and 

terrain descriptions such as 

mountainous, urban, or rural) 

Stack or vent diameter at point of emissions 

(e.g, the Inside diameter of vent at tha 

point of emission to the atmosphere in 

meters) 

Release velocity 

(e.g, velocity of release in m/sec) 

Release temperature 

[«4- temperature of release at point of 

release in degrees Kelvin) 

Frequency of releaas 

(eg, how often a release occurs in events 

per year) 

Duration of release 

(e.g, the time associated with a release to 

the atmosphere) 

Concentration 

(eg, the amount of an emission stream 

constituent relative to other stream 

constituents expressed ss parts per 

million (ppm). volume percent or weight 

pescent) 

Density of the emissions stream or average 

molecular weight 

(e.g, density expressed aa fraction or 

multiple of tha density of ain molecular 

weight In g/g-mole) 

Boiler or process design capacity 

(e*. the gross heating value of fuel input to 

a bailer at its msxlmnm design rate) 

Emission estimation method 

(eg, tha method by which an emission 

estimate has been calculated such aa 

material balance, aouroe test use of AP42 emission (actors, etc) 

Percent space heat 

(eg, the percent of fuel used for space 

heating) 

Hourly maximum design rate: 

[eg, the greatest operating rate that would 

be expected for a source in a 1-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 information submitted to EPA 

In the future. Future requests for 

information under sections 110 and 114 

of the CAA will Indicate that these 

emission data will not be held 

confidential. This determination applies 

only to the data listed in tha table. 

Determinations will continue to be made 

on 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 a 1991. 

Michael Shapiro, 

Acting Assistant Administrator for Air and 

Radiation. 

[FR Doc. 91-4114 Filed 2-2041: B*5 am) 

snuxa coot ssao-ts-u 

(OPP-200000A; FRU3879-41 

Request for Proposals; Research and 

Development on Antimicrobial Test 

Methodology and Ststistlcsl Support 

on Experimental Design and Oata 

Analysis; Extension of Proposal 

Deadline 

AOENCY: Environmental Protection 

Agency (EPA). 

ACTION: Extension of proposal deadline. 

SUMMARY: This notice announces die 

extension of deadline for a Request for 

Proposal that published In the Federal 

Register of December 8,199a The 

Request for Proposal was published to 

solicit proposals which will result in the 

development of a reproducible, reliable, 

and statistically valid sporiddal test 

method used to evaluate the efficacy of 

antimicrobial products bearing sterilizer 

or sporiddal claims. In addition, 

proposals for statistical support to 

independently evaluate die 

experimental designs of projects and to 

analyze results from on-going test 

methodology research were also 

solidted. 

DATES: 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 

SU SW, Washington. DC 2040a One 

copy of the original must be sent to: 

Susan Parker. Registration Division 

(H7505C), Environmental Protection 

Agency. 401M St, SW, 2048a 

Application Kits may be obtained from: 

Grants Operations Branch (PM-218F). 

Environmental Protection Agency. 401M. 

St. SW, Washington. DC 2046a or calk 

(202) 382-5280. 

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 e Request for Proposal in the 

Federal Register of December a 1990 (55 

FR 50388). The original submission 

deadline was January 3a 1091: the new 

deadline for proposal submission Is 

extended to February 2a 1991. 

Dated: February 12.1991. 

Douglas D. Campt, 

Director. Office of Pesticide Programs. 

(FR Doc 91-4120 Filed 2-20-91:8:45 am] 

eiLum cocc ssse-so* 

[OPP-180841; FRL-3877-61 

Emergency Exemptions 

AOENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice 

SUMMARY: EPA has granted specific 

exemptions far the control of various 

pests to the seven States as listed below 

and one by the United States 

Department of Agriculture. Four crisis 

exemptions were initiated, two by the 

Florida Department of Consumer 

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, era subject to 

application and timing restrictions end 

reporting requirements designed to 

protect the environment to the maximum 

extent possible. Information on these 

restrictions is available from the contact 

persons In EPA listed bdow. 

DATES: See eadi specific and crisis 

exemption for its effective date. 

FOR FURTXER INFORMATION CONTACR 

See each emergency exemption for the 

name of the contact person. The 

following information applies to all 

contact persons: By mail: Registration 

Division (H7505C), Office of Pestidde 

Programs, Environmental Protection 

Agency, 401M SU SW, Washington. DC 

2048a Office location and telephone 

number. Rm. 71B, CM #2.1921 Jefferson 

Davis Highway, Arlington. VA. (70V557-1808). 

SUPPLEMENTARY INFORMATIONS EPA has 

granted specific exemptions to the: 

1. California Department of Food and 

Agriculture for the use of chlorothalonil 

on mushrooms to control vertidllium 

diseases: November 14.199a to 

November 13.1991. (Susan Stanton) 

2. California Department of Food and 

Agriculture for tbe use of avermectin Bi 

on celery to control serpentine 

leafminers: November 19,199a to 

November 18,199L (Libby Pemberton) 

3. California Department of Food and 

Agriculture for the use of methyl 

bromide on carrots to control 

nematodes; December 21,199a to 

December 2a 1991. (libby Pemberton) 

4. Idaho Department of Agriculture for 

the use of pendimethaHn on spearmint 

and peppermint to control kochla and 

15" 
P.17 

ENCLOSURE 4 

Designation of Authorized Representative 

Id 
P.18 

^ ^ ^ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

| ^^7_7 | RESEARCH TRIANGLE PARK. NC 27711 

V_ fS P 

t e n | o :nn"7 OFFICE OF 

Ot.r ' £. •..!• AIR QUALITY PLANNING 

AND STANOAROS 

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 

(subcontractor) are hereby designated Authorized Representatives 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 for new stationary sources under 42 U.S.C. 

7411, solid waste combusion under 42 U.S.C. 7429, 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) (l), 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, 1998 

Seitz 

)irector 

Office of Air Quality Planning 

and Standards 

11 
P.19 

ENCLOSURES 

Summary of OAQPS Procedures for Safeguarding 

CAA Confidential Business Information (CBI) 

/ « . 
P.20 

December 1995 

Summary of OAQPS 

Procedures for Safeguarding Clean Air Act (CAA) 

Confidential Business Information (CBI) 

1. Purpose 

This memorandum describes Agency policy and procedures pertaining to the handling 

and safeguarding of information that may be entitled to confidential treatment for reasons of 

business confidentiality by the OAQPS, Office of Air and Radiation, U.S. Environmental 

Protection Agency. 

2. Other Applicable Documents: 

a. Clean Air Act as amended. 

b. 40 CFR, Chapter 1, Part 2, Subpart B - Confidentiality of Business Information. 

c. EPA Security Manual, Part II, Chapters 8 and 9. 

d. Clean Air Act 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 with any applicable regulations, statutes, or policies to which EPA is subject. 

4. Definition: 

Confidential Business Information - Information claimed by the provider to be 

confidential. This information may be identified with such titles as 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 information identified in 

Executive Order 11652. 

5. Background 

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

11 
P.21 

"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 particular portion thereof confidential in 

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

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

officers, employees, or authorized representatives of the 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 the 

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 information to inform 

the business of (1) its right to assert a claim of confidentiality covering part or all of the 

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 

authorized 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 information within EPA to employees with an official need for the information; 

and (5) prohibit wrongful use of such information and cite penalties for wrongful disclosure. 

Further, the regulations contain the Agency's basic rule concerning the treatment of requests for 

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

6. Procedures: 

a. Request for Information 

Each request for information 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 of the Clean Air Act," which was designed to meet the requirement 

of 40 CFR Part 2 discussed above. 

b. Receipt of CAA Confidential Business Information 

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

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

permanent file. If confidential treatment is requested, but is not specifically marked, the material 

will be stamped "Subject to Confidentiality Claim." If part of the material is claimed to be 

confidential, that portion is marked "Subject to Confidentiality Claim." In compliance with 

Sections 2.204 and 2.208 of 40 CFR Part 2, the Group Leader responsible for the requested 

information reviews the information to determine whether it is likely to be confidential in 

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

0.0 
P.22 

provides its holder with a competitive advantage. If the information is clearly not confidential, 

the Group Leader prepares a letter for signature of the 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 of the material 

(what it is, how many pages, etc.), identifies it with the correct ESD project number, and lists 

those persons who are authorized to have access to the information. The information and 

memorandum are hand carried to the OD and placed in the CBI files with the material. A record 

of who will see the 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 Information 

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

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

Knowledge of the combinations of the locking devices is limited to the Document 

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

normal business operations. Records of the locking device combination are stored elsewhere in 

conformance with the requirements of the EPA Security Manual. 

Combinations of the locks are normally changed whenever a person with knowledge of 

the combinations is transferred, terminates employment, no longer authorized access, or 

whenever the possibility exists that the combinations may have been subject to compromise. 

Files may be checked out upon confirmation that the requesting person is authorized to 

receive the information. All confidential files may be returned no later than 4:30 p.m. on the 

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

is checked out. 

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, 

-2-1 
P.23 

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

recipient. The authorized representative returns a signed receipt of the 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 of an EPA legal office, and (c) must return to 

EPA all copies of the information (and any abstracts or excerpts therefrom) upon request or 

whenever the information is no longer required for the performance of the work. 

(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. 

^_2_ 
P.24 

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

employees only upon approval of the 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 Information 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 of the public domain, except as provided for in 40 CFR 2 

Subpart B. 

The CAA CBI may not be summarized without the approval of the 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 

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 of the draft trip report is forwarded by EPA to the responsible industry official for 

23 
P.25 

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

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

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

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

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

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

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

accommodate technical changes, and the trip report is issued. 

2 Attachments 

V\ 
P.26 

CAA CONFIDENTIAL BUSINESS INFORMATION 

CONTROL RECORD 

DATE RECEIVED: 

DATE OF DOCUMENT: 

RESPONSIBLE BRANCH: CONTROL NUMBER: 

DOCUMENT AUTHOR: 

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

RETURN DATE: DESTRUCTION DATE: INITIALS: 

Each person given access to this document must fill in the information below 

CHECK-OUT 

SIGNATURE DATE TIME 

CHECK-IN 

SIGNATURE DATE TIME 

CAA CBI Form 1 (Rev. 6/95) 

-2.5 
P.27 

I. 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 that CAA CBI required to perform their official duties 

SIGNATURE OF AUTHORIZING OFFICIAL* 

TITLE 

TELEPHONE NO. DATE 

LOCATION 

II. CONFIDENTIALITY AGREEMENT FOR CONTRACTOR EMPLOYEES 

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

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

duties as an employee of the Environmental Protection Agency contractor. 

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

understand that 1 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 any person not authorized to receive it. In addition, I understand that I may be subject to 

disciplinary action for violation of this agreement with penalties ranging up to and including dismissal. 

I agree that I will treat any CAA CBI furnished to me as confidential and that 1 will follow the procedures set 

forth in the CAA Confidential Business Information Security Manual. 

I have read and understand these procedures. 

SIGNATURE TELEPHONE NO. DATE 

III. HAVING COMPLETED REQUIRED TRAINING AND PASSED REQUIRED TEST, THE 

ABOVE-NAMED EMPLOYEE IS HEREBY AUTHORIZED TO HAVE ACCESS TO CAA CBI. 

SIGNATURE CONTRACTOR/DCO TELEPHONE NO. DATE 

* Must be Contractor Management 

CAA CBI Form 3 (Rev. 6/95) 

Qjy*