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OAR Box 1500 

Prepped by Ollie Stewart 

Document Number: 

43) ll-C-69 

Docket Number: 

A-94-52 

Printed 8/5/2008 1:51:28 PM Sheet 43 of 343 
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A-94-52 

_ _ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

| ^MK ^ s Office of Air Quality Planning and Standards 

\<4ulu4»-(/ Research Triangle Park. North Carolina 27711 

AUG I 3 1997 

jMr. Robert Dulany 

Country Coach, Inc. 

135 E. 1st Street. 

Junction City, Oregon 97448 

Dear Mr. Dulany: 

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 Act (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 

infonnation 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, and as such is subject to enforcement under Section 113 

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

of violation. If you believe that disclosure of any specific information 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 detennined 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 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. 

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The EPA has contracted Pacific Environmental Services, Inc. (PES) under contract 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 .ind, 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 infonnation request by October 1, 

1997 to the following address: 

Emission Standards Division (MD-13) 

U.S. Environmental Protection Agency 

Research Triangle Park, North Carolina 27711 

Attention: Madeleine Strum 

If you have any questions regrcding this request or Eire unable to provide responses to the 

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

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

C^>H3ruce C. Joroan 

Director 

* Emission Standards Division 

5 Enclosures (Enclosure 1 *also provided on diskette) 

cc: Mr. Gregory A. Green, Administrator, Air Quality Division, Oregon Department of 

Environmental Quality (Enclosure 1 only) 

Ms. Anita Frankel, Director, Office of Air Quality, EPA Region X, Seattle, Washington 

(Enclosure 1 only) 

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Enclosure 1 

Survey of 1996 Gel Coat Usage by Reinforced Plastic Composites Manufecturers 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 fiom 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 

3 
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 

JC 

Gel Coal 

Supplier 

'indicate all thai apply: 

T = tooling (maki 

Product 

Number 

i 

ng molds) 

Color 

* 

Amount 

Used in 1996 

(Pounds) 

Type of 

Use" 

Styrene 

Content 

(Weight % 

from 

MSDS) 

MMAb 

Content 

(Weight % 

from 

MSDS) 

. Amount of 

Styrene 

added at your 

facility 

(Pounds) 

Amount of 

MMA* 

added at 

your facility 

(Pounds) 

Gel Coat 

Density 

(Pounds per 

Gallon) 

P = production (normally applied lo the mold surface) 

O = other (please specify here 

'Melhyl methacrylate 
Table 2. Types of Application .Equipment Used 

Equip. 

Type" 

Mix 

Type* No. of Units Manufacturer 

** 

Model No. Description of use" 

1 

* 

^A 

* In Table 2, please indicate which ofthe 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 deflned 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) odier (please describe). 

* Please indicate whether the equipment is an internal (1) or external (E) mix type. 

' 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. 

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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 me 

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

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

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

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

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

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 infonnation described by tiiat 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 treatment1 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 § 2204(a) ofEPA's Freedom of Information Act (FOIA) regulation, in the 

event a request is received, or it is detennined that a request is likely to be received, or EPA 

desires to determine whether business information 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 fbr release ofthe infonnation 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 ofthe infonnation 

toothers; 

2. The extent to which the mformation 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. Whetiier your company asserts that disclosure ofthe 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. 

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Enclosur e 3 

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7042 Federal Register / VoL 56. No. 35 / Thursday. Febraary 21.1991 / Noticea 

C»t«fc February 14.1891. 

Piul Lipvlry, 

Director. Regulator? Management Diriaion. 

[FR Doc 91-4113 Filed 2-20-31:'8:45 am] 

aauw coot ISM-MI 

UO-fHL-3906-3) 

Olsctoeure of EmMon Data Claimed 

aa Confidential Under Secttona 110 

and 114(e) of tha Clean Air Act 

AOENCV: 4^nviroomeatal Protection 

Agency (EPA). 

ACTION: Notice of policy oa public 

release of certain emission data 

anbmitted under seetlona 110 and 114(e) 

of tha Qean Air Act (CAA). 

suwum : Section 114(c) of the CAA 

exclude* emission data from the general 

definition of trade went iiifbraatioii. 

Certain ciaisee of data submitted to the 

EPA under •ectiona 110 and 114(a) of the 

CAA an emission data, and, aa such, 

cumnot be withheld from diadoaure aa 

confidential pursuant to aection 1S0S of 

title 18 of the United State* Code. Thia 

notice clarifies EPA'* earrent policy, and 

solicits comment regarding that policy 

and categories of data which it 

considers exduded from a trade secret 

definition. 

OATBSS Written comments pertaining to 

this nonce are requested by April 22. 

1991. 

AOOIUSSCS; Submit comments to: Nancy 

D. Riley. US. Environmental Protectioa. 

Agency, Emission Standards Division. 

Pollutant Assessment Branch (MD-13). 

Research Triangle Parle NC 27711. 

roa ruMTMcn mrofnurioN CONTACTS 

Timothy Mohin (telephone: (<919) 541-

M49 cemmereial/FTS 629-6349) or 

ICaren Bianchard (telephoniw (919) 541-

5503 commercial/FTS 829-6503), 

Pollutant Assessment .Branch (MD-13). 

Emission Standards Division: or Thomas 

Roseadahl (telephone: (919) 541-5404 

commercial/FTS 829-5404). National Air 

DaU Branch (MD-I4). Technical 

Support Division: U.S. Environmental 

Protection Agency. Research Triangle 

Park. North Carolina 27711. 

SUPPLEMENT ARY INFORHATIOieThe EPA 

routinely uses, the authority of section* 

UO and 114(e) of the CAA to gather 

technical information from industries 

involved in operations that leed to 

emission of pollutants ta the ambient 

sir. This information has been used. • 

among other things, to better 

characterize emitting fadlitiea and to 

evaluate the n«ied for .and Impacts of 

potential regulation. 

Infonnation requests under sections 

UO 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 Ua response 

constitutes trade secret infonnation. and 

thus, should be treated aa 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 a particniar part thereof 

(other than emission data) to whidi the 

Administrator has access under this 

aection if made public, would divulge 

methods or processes entitled to 

protection aa trade secrets of snch 

person, tha Administrator shall consider 

such* * 'confidentialinaccordance 

witii the purposes of section 1903 of tide 

18 of tha United States Coda* * Vl f 

the Admimstrator so determines, the 

infonnation is not disdosable to the 

public. 

However, section 114(e) of tiie CAA 

provide* that Information claimed to be 

a trade secret but which constitutes 

emission data may not be withheld aa 

confidential. Although typically .the EPA 

evaluate* whether Infonnation 

constitute* emission data oa a case-bycase basis, it believes that some kinds of 

data wiU always constitute emission 

data within the mrnnfng of section 

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

describe, without attempting to be 

comprehensive, that Information which 

the EPA generally considers to ba 

emission data, and whidi cannot qualify 

as confidential under either section 

114(c) or section UO (aa set forth ia 40 

CFR 5L32Z. 5U2Z sad 5U23) of tbe 

CAA. The EPA la issuing this notice to 

clarify Us policy and procedures, to 

facilitate tha use of these data ia 

automated data systems and computer* 

;based simulation models, and to 

expedite processing of daims for 

confidentiality or requests for 

disdasure. 

The EPA presently determines that 

data submitted to it as emission data 

does not qualify as confidential If It 

meets the following defici tion under 40 

CFR2J01(a)(2)(i): 

a. Definitions. For-the purpose of this 

section: (1) Act means the Clean Air 

Act as amended. 42 U.S.C. 7401 et seq. 

(2)(1) Emission data means, with 

reference to any source of emission of 

any substance into the eir— 

(A) Information necessary to 

determine th* Identity, amount, 

frequency, concentration, or other 

characteristics (to the extent related to 

air quality) of any emiasion which has 

been emitted by the aaurca (or of any 

pollutant resulting from any emission by 

the source), or any combination of the 

foregoing: 

(B) Infonnation necessary to 

determine the identity, amount 

frequency, concentration, or other 

characteristics (to the exteat related ta 

air quality) of the emission which, under 

an applicable standard or WH1"*^. tha 

source waa authorized to emit 

(Induding. to the exteat necessary for 

such purposes, a description of the 

manner or rata of operation of tha 

source), or aay combination of the 

foregoing: 

(C] A general description of the 

location and/or nature of Mm source to 

the extent necessary to Identify tha 

source and to dutinguJah tt ban it^nr 

sources (Induding, to the aslant 

necessary for such purposes, a 

description of the device. InstalUnoB, or 

operation constituting tha aoatceV 

Tha table below Usta tha specific data 

fields which tha EPA presently 

considers to constitute «smiaaiaadata 

and providea a brief deacrianVoa ef what 

each dam field describes. Tha 

description* are Intended to provide 

general irjformation-Thia list ia aot ' 

exhaustive and. therefore, other data 

might be found ia a proper caae» to 

' constitute ena'Mioa data. 

t3nissioa DM (Fields 

Facility Identification: The feJbwtngdata 

fields ara needed to establish the Msatity and 

location of emission sources, this shelf she 

Indude a description or an IdsiitHIsi ofthe 

device, installation, or operation eeastiteting 

tin sourua. Thee* data moaad le locate . 

sources fordieperetoo evaluation 4iad 

exposure nrmdellna) 

Plant Nam* and related point tdamtfOan 

Addresa 

City 

County 

AQCR (Air Quality Consul Kagjen) 

.MSA. PMSAvCMSA (MatsopeJltaa Statistical 

Anas) 

SUte 

Zip Code 

Ovrnenkip and point tf contact taftansatioa 

LocaUonal Identifiers: 

Uu'tuta a Longitude, or UTM Grid 

Coordinates 

SIC (Standard Industrial CwUtotton) 

(Amission point devica or operation 

description, information 

SCC (Soma Oaaaificatfm Coda*) 

(Amissions Parameters: Tbe following data 

fields an needed to establish the 

chirscteristica of tha emia-itasa. This 

Information is needed far the analyses of 

dbpenioa tod potential control, equipment. 

Eolation type 

(e.g, nature of emissions such aa CO.). 

particulate or a spedfle toxic cornpowwl. 

and origin of trnlMiVw aucs> ** prec— 

vents, storage tanks or 4wrutpm>nt tealfi) 

Emisiion rate 

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Federal Register / VoL SB. No. 35 / TSursday. February 21. 1991 / Notices 7033 

(e.g.. the amount released to the 

atmosphere over time inch 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 and surrounding 

structure* 

(e.g- til* size of the area associated wtth 

adjacent structures in square meters and 

terrain descriptions such as 

mountainous, urban, or rural) 

Stack or vent diameter at point of emissions 

(a*, tha Inside diameter of vent at the 

point of emission to the atmosphere ia 

meters) 

RelesM velocity 

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

Release temperature 

(e4-temrjeratun.ofreleaseatpointof 

release in degrees Kervm) 

Frequency of release 

(a*, how often a release occurs in events 

per year) 

Duration of release 

[a&. tha Urns associated with a releaae to 

tne atmospnere) 

GonLBuUetifln. 

(*•£* __ emount of an eunosion sUesm 

constituent relative to ether stream 

constituents expressed as parts per 

million (ppm). volume percent or weight 

percept) 

Density of tne emissions stream or average 

molecular weight 

(eg. density expressed as fraction or 

multiple of tho-density of ain molecular 

weight in t/g-cools) 

Boiler or process design capadty 

(e*. the gross heating raise of fuel Input ta 

a bouer <at its maximum design rate) 

Ealstnoa estimation method 

{•.*» tire method by which aa eaussioa 

estimate has been calculated such as 

material balance, source test use of AP42 emission lectors, etc) 

Percent space heat 

(04, tha percent of fuel used for space 

heating) 

Hourly maximum design rate: 

(e.g, the greatest operating rata that would 

be expected for a source m a Mieur 

period) 

The EPA has determined that these 

data are emission data and rdeaaabla 

upon request Thia determination 

appliea to data currentiy held by EPA as 

well as to information submitted to EPA 

in the future. Future requests for 

information under sections UO 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-caae 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 8,1991. 

NGchaet Shapiro. 

Acting .Assistant tAdminisU-tarfarAirand 

Radiation. 

(FR Doe. 91-4U4 Filed 2-20-01: &4S am) 

Dated: February 12.1991. 

Douglas D. Campt 

Director, Office ofPtatidda Preinuna. 

(FR Doc. 91-4120 .Filed 2-20-01:8:43 em) 

snxura cone SSBMB-» 

[OPl»»2D000OA; FRt-3a79-4l 

Request for Proposals; Reaeavch and 

Development on Aiutatt^roMaJ Tost 

Mathodotogy and Statiaticai Support 

o n EaporinaentdOiasIgn and-Data 

Analyaia; Extension o t Proposal 

Deadline 

AGENCY: Environmental Protection 

Agency (EPA). 

Acmoi c Extenaion of proposd «*MtTttw»»-

SUMMAWV; Thia notice snaoonces the 

extension of deadline for a Request for 

Proposal that published ia the Federal 

Register of December ft, 1990. Tha 

Request for Proposal wa* published to 

solicit proposals which will resdt in die 

development of a reproducible, reliable, 

and statistically valid sporiddal test 

method used to evduate the efficacy of 

aatimicrobid prodncte beering sterilizer 

or sporiddal daim*. m addition, 

proposals for statistical support to 

independently evaluate the 

experixnentd designs of projects and to 

analyze readts from on-going ta t 

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: Greats 

Operations .Branch (PM-»8F). 

EnvironmentalProtection Agency, 401M 

S U SW . Weshington, DC 2048a One 

copy of the origmdmust be sent to: 

Susan Parker. Registration Division • 

(H7505Q. Environmental Protection 

Agency. 401M St. SW. 20460. 

Application Kits may be obtained from: 

Grants Operations Branch (PM-2X8F). 

Environmental Protection Agency, 401M 

S t. SW . Washington. DC 2048a at call: 

(202) 382-5208. 

FOR FURTHER INFORMATION CONTACT: 

Susan Parker. Registration Division 

(H7SQ5C). Environmental .Protection 

Agency. 401M St, SW. W4tshington. DC 

20460. Phone number (703) 557-3.41. 

SUPPLEMENTARY INFORMATION: EPA 

issued a Request for Proposd in tha 

Federal Register of December 6.1990 (55 

FR 50388). The original submission 

deadline waa January 30.1991: the new 

deadline for proposal submission is 

extended to February 28,1991. 

[Of>P-ie08<1;FnU-3ST7-ei 

Emergency Executions 

AGENCY: Eavironmentd Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has granted spedfic 

exemptions for the control of various 

pests to the seven States aa Bated below 

and one by the United States 

Department of Agriculture, Four crisis 

exemptions were initiated, two by tha 

Florida Department of Canaianer 

Services and two by the United States 

Department of Agriedtum These 

exemptions, issued during the months of 

November and December, 4txcept for tha 

one in October, are subject to 

application and timing restrictions and 

reporting requirements designed to 

protect tne environment to tho maximum 

extent possible, mformatioaoa these 

restrictions is available nom la s oontact 

persons in EPA listed below. 

DATES S M each spedfic and crisis 

exemption for ita effective data. 

FC*t FURTHER INFORMATION COSJTACTS 

See each emergency exemption for the 

BHfiBA Ot tfi*jt COOXACe. DCfBQXeV 1XB 

following information applies to all 

contact persons: By mail: Ras^atration 

Division (H75QSCL Office of Pesticide 

Programs. Environmental Protectioa 

Agency. 401M St, SW. Wajriuagtan. DC 

20480. Office locatioa and telephone 

number: Rm. 718. Q I #2,1821 lefiaraon 

Davis Highway, Arlington. VA. (70S— 

557-1808). 

suprtEBiatTARv IMFOHKUTION: EPA hss 

granted specific exemptions to the: 

1. California Department at Food end 

Agriculture for the use of chloTOthabnil 

on mushrooms to control vertidttlum 

diseases; November 14,199a to 

November 13,1991. (Susan Stanton) 

2. California Department d Food and 

Agriculture for tha use of avermectin B» 

on celery to central aerpentias 

leafrainera: November 19.1990. to 

November 18.1991. (Libby Pemberton) 

3. California Department d Food end 

Agriculture for the use of methyl 

bromide on carrots to control 

nematodes; December 21.1990. to 

December 20,1991. (Libby Pemberton) 

4. Idaho Department of Ajntcdture for 

the use of penrllmethaHn on spearmint 

and pepuaiiuint to control kffrm and 

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Enclosure 4 

^

tos, % 

\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

RESEARCH TRIANGLE PARK. NC 27711 

OFFICE OF 

AIR QUAUTY P1ANNING 

ANO 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 (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 national emission standards for 

hazardous air pollutants under 42 U.S.C.N7412, 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 367912, 

September 1, 1976) ; 

Date-. 

Designation Expires: September 30, 1997 

S. Seitz 

Director 

Office of Air Quality Planning 

and Standards 

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Enclosure 5 

P £ \ % UNITED STATES ENVIRONMENTAL PROTECTION AG.ENCY 

| ^aajK* t Office of Air Quality Planning and Standards 

VVlV ^ ° Research Triangle Park. North Carolina 27711 

' - * December 1995 

Summary of OAQPS 

Procedure for Safeguarding Clean Air Act (CAA) 

Confidential Business Infonnation (CBI) 

1. PjIQlflSfi 

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

edition). 

3. Exception; 

This document was prepared as a summary of data gat.bering and ^handling procedures 

used by the OAQPS, EPA. Nothing in this document shall be construed as superseding or being 

in conflict whh any applicable regulations, statutes, or policies to winch EPA is subject 

4. Definition; 

Confidential Business Information - Information claimed by the provider to be 

confidential. This infonnation may be identified with such titles as trade secret, secret, 

admimstrative 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. 

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S. 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 infonnation, or particular 

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

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

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

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

accordance witii the ipurposes of Section 1905 of Titie 18 ofthe United States 

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

officers, employe or authorized representatives ofthe Umted 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 ofthe 

Qean 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 die 

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

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

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

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

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

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

disclosure of infonnation within EPA to employees with an official need for die infonnation; ami 

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

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

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

6. Procedure 

a. Request for Infonnation 

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 ofthe Qean Air Act," which was designed to meet tlie requirement 

of 40 CFR Pan 2 discussed above. 

b. Receipt of CAA Confidential Business Infonnation 

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

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

2 

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P.14 

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

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

confidential, that portion is marked "Subject to Confidentiality Claim.'* In compliance whh 

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

infonnation 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 provides 

its holder with a competitive advantage. If the information is cleariyjiQLconfidential, 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 

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

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

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, tlie same procedure is 

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

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

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

uniformly indicated and immediately observable. All unmarked or undesignated formation 

(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 informatioaisa 

cabinet equipped whh 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 loclc 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 of the locking device conrottaation are stored elsewhere in _ 

conformance whh the requirements ofthe EPA Security Manual. 

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

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

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

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

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

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

checked out. 

3 

13 
P.15 

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

must not be left unattended. The infonnation 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 fiom the EPA files to be transmitted to an authorized representative, 

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

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

d. Access to CAA Confidential Business Information 

Only authorized EPA employees may open a distribute CAA CBI. 

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

their official duties are permitted to review documents 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^ 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 

tiie 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 tiie contractor to carry out the 

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

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

that disclosure is necessary: 

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

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

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

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. 

\ ^ 
P.16 

(2) The authorized contractor designated as a representativemust 

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 propri4Stary interest in the infonnation. 

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 whh 40 CFR 2, Subpart B. 

Requests under the Freedom of Infonnation Act are handled in accordance witii 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 assened or if there 

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

0m 

e. Use and Disclosure of CAA Confidential Business Infonnation 

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 CFJL2 

Subpart B. 

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

responsible for the CAA CBI. Any authorized reproductions must be logged into the CAA CBI 

document tracking system and treated according to the same procedures applicable to the original 

.confidential material. 

The EPA generated documents or material, or extracts of information containing CAA 

CBI, must be stamped "Subject 10 Confidentiality Claim" and a cover sheet must be attached to 

identify the material as CBI. 

f. Handling of Other Infonnation 

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 

\ * 
P.17 

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 tiie 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 tiie information 

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

provided to the industry offidal being consulted. 

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

all information rw^ed by EPA or ftsa^ 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 draft trip report is forwarded by EPA to the responsible industry official for 

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

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, information 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 

^ 
P.18 

Attachment A 

CAA CONnDENTIAL BUSINESS INFORMATION 

CONTROL RECORD 

DATE RECEIVED: 

• 

1 DATE OF DOCUMENT: 

RESPONSIBLE BRANCH: CONTROL NUMBER: 

DOCUMENT AUTHOR; 

DESCRIPTION (Providing organization, title, subject, oumtaof<x>pw and numberof pages) 

RETURN DATE: D.ESTRUCTION DATE: INITIALS: 

Back person given access to this doeument most JIB in the information beiew 

CHECK-OUT 

SIGNATURE 

•• 

• 

DATE 

** 

TIME 

• 

CHECK-IN 

SIGNATURE 

r. 

• 

• ' 

DATE 

. • 

TIME 

1 

CAA CBI Fonn 1 (Rev. 6/95) 

/ r 7 
Attachment B 

P.19 

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 ful ly informed regarding their security responsibilities for CAA CBL 

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

SIGNATURE OF AUTHORIZING OFFICIAL" 

TITLE 

TELEPHONENO. DATE 

• 

LOCATION 

EL CONFIDENTIAUTY AGREEMENT FOR CONTRACTO 

I understand^ I will i^ c access to ccrtam 

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

widi my official duties as an employee of die Environmental Protection Agency contractor. 

I understand diat CAA CBI may not be disclosed except as andtonxed by CAA and Agency 

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

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

understand that Iimry be subject to <&c^^ 

ranging up to and induding 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. 

i II • * 

SIGNATURE 

* 

TELEPHONENO. DATE 

UL HAVING COMPLETE REQUIRED TRAINING AND PASSED REQUIRED 

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

ACCESS TO CAA CBL 

SIGNATURE CONTRACTOR/DCO TELEPHONENO. DATE 

* Must be Contraaor Management 

CAA CBI Forni 3 (Rev. 6/95) 

It