Mr. XXXXXXXX, President

XXXXXXXX

XXXXXXXX

XXXXXXXX

Re: Requirement to provide information according to 42 U.S.C 7414

Dear Mr. XXXXX:

Pursuant to section 114 of the Clean Air Act (CAA), the U.S. Environmental Protection 

Agency (EPA) is requesting that you provide the information described in Enclosure 1 and the 

National Emissions Inventory (NEI) spreadsheet. At EPA, an important step in the development 

of regulations involves gathering and analyzing information. We are seeking information 

specific to your company’s facilities because such information is key to understanding how an 

industry operates, and what facilities do and/or can do to reduce, mitigate, or eliminate air 

pollution. We are requesting that you send the completed surveys for all of your facilities that 

are in the secondary aluminum production source category (see 40 CFR 63, subpart RRR) to us 

by XXXXX X, 20XX. The Clean Air Act (42 U.S.C. 7414) requires that you complete the 

enclosed surveys and return them to us by the deadline.

The EPA issued National Emission Standards for Hazardous Air Pollutants (NESHAP) 

for secondary aluminum production under section 112(d) of the CAA on March 23, 2000. We 

are now in the process of collecting updated information concerning hazardous air pollutant 

(HAP) emission sources and controls in the secondary aluminum industry. This information will 

be used to review, and revise as necessary, the NESHAP under section 112(d)(6) and to conduct 

the residual risk review under section 112(f) of the CAA.

In the enclosed surveys, we request information on secondary aluminum processes, 

emissions, and controls. The electronic version of Enclosure 1 and the National Air Toxics 

Assessment (NATA)/ National Emissions Inventory (NEI) spreadsheet are the survey forms that 

you are required to complete and return to us in electronic format. If we presently have NATA 

NEI data for your facility, the excel spreadsheet will be populated with existing data for your 

facility. You will need to revise and update the existing data as well as complete any missing 

information. Enclosure 2 contains the instructions for completing Enclosures 1 and the NATA 

NEI spreadsheet. Enclosure 7 is the compact disc containing the electronic forms.

Using the information you provide to us in this survey, along with similar information we 

receive from other companies in your industry, we will determine the amount of HAPs emitted;

the present level of emission control; and assess what would be the environmental, energy, and 

economic impacts associated with installing and operating emission control techniques feasible 
for your industry. You may respond “Not Applicable” to questions that do not apply to your 

facilities. 

Enclosure 3 contains a summary of our legal authority in section 114 of the CAA to 

obtain the information requested in this survey. If you believe that providing any specific 

information to us would reveal a trade secret, please identify this information clearly in your 

response. However, please do not label your entire response “Confidential” if only a portion 

includes trade secrets. You can see in Enclosure 3 the type of information that EPA may ask of 

you at a later time to prove that any information you have so identified is truly confidential. Any

information determined to be a trade secret will be protected by 18 U.S.C. 1905. If you do not 

claim as confidential any of the information in your returned survey, we can make this

information available to the public without notifying you further (40 CFR Part 2.203, 

September 1, 1976).

Because section 114 of the CAA does not allow emission data to be claimed as 

confidential, the emission data you provide to us can be made available to the public. A detailed 

explanation of what we consider to be emission data is contained in Enclosure 4.

We have contracted RTI International (RTI) (Contract No. EP-D-06-118) to help us 

gather information about your industry. As noted in Enclosure 5, we have designated RTI to be 

our authorized representative. Therefore, RTI has the same rights discussed above and in 

Enclosure 3 as EPA has. This means that RTI will have access to all information provided to us 

in your completed survey. As a designated representative of the Agency, RTI must, by law, also 

abide by the requirements of 42 U.S.C. 7414(c) in regard to the confidentiality of what you claim 

to be trade secrets.

Enclosure 6 summarizes our policies and procedures for handling trade secret 

information and describes how our contractor also is required to use the same procedures as we 

do. Because our contractors or other authorized representatives are required to follow the 

requirements in Enclosure 5, we believe that we can ensure your rights and protect any 

privileged information you submit to us.

A draft of Enclosure 1 was given to representatives of your industry for their comments.

We have incorporated several of their comments and suggestions into the final version. If you 

have questions regarding the need for this survey or need clarification on the information we are 

requesting, please contact Rochelle Boyd with EPA’s Office of Air Quality Planning and 

Standards at 919-541-1390 (e-mail: boyd.rochelle@epa.gov).

Please return the completed non-confidential survey response in electronic format to Ms. 

Boyd at the address below by XXX XX, 20XX.

Rochelle Boyd

U.S. EPA Mailroom (D243-02)

U.S. Environmental Protection Agency

Office of Air Quality Planning and Standards 
109 T.W. Alexander Drive

Research Triangle Park, NC 27711

If your response to this information collection request includes data with a claim of 

confidential business information, please create a separate CD-ROM containing only the 

information on the spreadsheet that is CBI. In essence, if you do have CBI data, you will have to 

submit (2) separate CD-ROM(s); one for the CBI version and one for the non-CBI version. 

Clearly mark the disk containing the CBI data with the words “Confidential Business 

Information.” Send only these CBI files under separate cover to:

Roberto Morales

c/o Rochelle Boyd

U.S. EPA Mailroom (C404-02)

U.S. Environmental Protection Agency

Office of Air Quality Planning and Standards 

109 T.W. Alexander Drive

Research Triangle Park, NC 27711

For security of your data, EPA recommends sending your confidential files to Mr. 

Morales via Registered U.S. Mail using return receipt requested, Federal Express, or other 

method for which someone must provide a signature upon receipt.

DO NOT ELECTRONICALLY TRANSMIT CONFIDENTIAL BUSINESS INFORMATION

TO EPA. E-mail and facsimile are not secure forms of communication and should never be used

to transmit CBI.

I am sure you understand how important it is for the EPA to use the very best information 

available to develop the most meaningful standard. Your help in providing this information is 

greatly appreciated.

Sincerely,

Peter Tsirigotis 

Director, Sector Policies and Programs Division

Office of Air Quality Planning and Standards 

7 Enclosures

Enclosure 1: Reference copy of the Information Collection Request Questionnaire

Enclosure 2: Instructions for completing the spreadsheets for the NATA NEI and Enclosure 1 

Enclosure 3: EPA’s information gathering authority

Enclosure 4: Clarification of what EPA considers to be emissions data
Enclosure 5: Summary of contractor’s authority as representative of EPA

Enclosure 6: Procedures for safeguarding CBI under the CAA

Enclosure 7: Compact Disc containing the electronic version of Enclosure 1 (Excel®format) 

and the NATA NEI populated or blank spreadsheet.

cc: XXXXX

State Agency

XXXXXXX

U.S. Environmental Protection Agency, Region XX

OAQPS/SPPD/MMG:RBoyd D243-02, 541-1390

(RTI/MBahner/541-6016/3/23/10)