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OAR Box 1500 

Prepped by Ollie Stewart 

Document Number: 

44) ll-C-70 

Docket Number: 

A-94-52 

Printed 8/5/2008 1:51:28 PM Sheet 44 of 343 
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A-94-52 

U-C-10 

1**° ST4K, 

USS. 

'"I p«o^° 

; * 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

Office of Air Quality Planning and Standards 

Research Triangle Park, North Cprolina 27711 

Mr. William Toms « f 3 IS97 

Lund Industries, Inc. 

911 Lund Boulevard 

Anoka, Minnesota 5S303 

Dear Mr. Toms: 

The U.S. Environmental Protection Agency (EPA) is in die 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 suljmitted in 1993. The EPA is currently reviewing these surveys for 

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

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

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

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

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

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

WordPerfect 5.1 file on die 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)] ofthe CAA, which provides civil penalties of up to $25,000 per day 

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

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

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

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

confidentiality claims. Any information subsequently determined to constitute a trade secret will 

be protected under 18 U.S.C. 1905. If no claim of confidentiality accompanies the information 

when it is received by the EPA, it may be made available to the public by me 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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—• 

2 

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

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

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

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

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

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

processes entitled to protection as trade secrets. 

Enclosure 5 summarizes EPA and Emission Standards Division policies and procedures 

for handling privileged information and describes the EPA's contractor commitments and 

procedures for using confidential materials. It is the EPA's policy that compliance by an 

authorized representative with the requirements detailed in Enclosure 5 provides sufficient 

protection for the rights of those submitting privileged information. 

We request that you complete and return the completed information request by 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 regarding this request or are 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. 

Sincere!' 

Director 

* Emission Standards Division 

5 Enclosures (Enclosure 1 also provided on diskette) 

cc: Mr. Mike Sandusky, Acting Manager, Air Quality Division, Minnesota Pollution Control 

Agency (Enclosure 1 only) 

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

(Enclosure 1 only) 

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Enclosure 1 

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

Development 

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

Name of Facility: ; .• 

Address: , • 

Contact Person, Affiliation: 

Phone Number of Contact Person:. 

Type of products produced: 

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

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

efficiency of equipment used: 

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

or volatile organic compounds, please indicate: 

<r 

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. 

<F 

Gel Coal 

Supplier 

'Indicate all that apply: 

T = tooling (maki 

P = produclion (n 

0 = other (please 

kMethyl methacrylate 

Product 

Number 

ng molds) 

ormally applied 

specify here 

Color 

» 

to the mold surface 

V 

Table 1. Gel Coat Consumption 

Amount 

Used in 1996 

(Pounds) 

<) 

Type of 

Use* 

Styrene 

Content 

(Weight0/. 

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) 

4 , 

i: 

Ol 
Table 2. Types of Application Equipment Used 

W 

Equip. 

Type' 

• 

Mix 

Type" No. of Units Manufacturer 

** 

Model No. Description of usec 

•••• 

ii 

* 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 defined as an application system which is operated at an air 

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

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

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

(e) other (please describe). 

b

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

' 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 Garnering Authority 

Under Section 114 of the Clean Air Act 

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

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

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

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

under Section 112, (ii) 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 diis Act" Among other 

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

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

die purpose of developing such standards. In addition,, die 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 bythat section 

even if you consider it to be confidential. You may, however, request tiiat 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 tiiat 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) of EPA's Freedom of Information Act (FOIA) regulation, in the 

event a request is received, or iris determined 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 

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

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

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

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

1. Measures taken by your company to guard against undesired disclosure ofthe 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 otiier Federal agencies, and a 

copy of any such determinations, or reference to it, if available; and 

4. Whether 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. 

•7 
Enclosur e 3 

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7042 Federal Register / Vol sa No. 35 / Thursday, Febraary 21. 1991 / Notices 

Dated February 111091. 

Ptul Lapalvy. 

Director. Acgulatory Management Din'sion. 

[FR Doc 91-4113 Filed Z-zo-91:8:43 am] 

BRUM coos isss-tMi 

(AO-fRL-3906-31 

Disclosure of Emission Data Claimed 

as Confidential Under Sections 110 

and 114(e) of tha Clean Air Act 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Nodes of policy oa public 

release of certain emission data 

submitted under sections 110 and 114(c) 

of tha dean Air Act (CAA). 

SUMMARY: Section I14(c| of the CAA 

excludes emission data from the general 

definition of trade secret information. 

Certain classes of data submitted to the 

EPA under sections UO end 114(a) of the 

CAA are emission data. and. as such, 

aumnot IM vrtthheld from disclosure as 

confidential pursuant to section 1805 of 

. title 18 of the United States Code. This 

notice clarifies SPA's airrent policy, and 

solicits comment regarding that policy 

and categories of dau which it 

considers excluded from a trada secret 

defmition. 

OATCS Written comments permitting to 

this notice are requested by April 22, 

199L 

AOOKESSCS: Submit comments to; Nancy 

D. Riley. US. Environmental Protection 

Agency. Emission SUndards Division, ' 

Pollutant Assessment Branca (MD-13). 

Reseereh Triangle Park. NC 27711. 

roa mftTMat iwrownATion CONTACT: 

Timothy Mohin (telephone: (910) 541-

5349 commercial/FTS 029-6349) or 

Karen Biaachard (telephones (019) 541-

5503 cmntaercial/rTS 829-6503). 

Pollutant Assessment .Branch (MD-13). 

Emissioa Standards Division: or Thomas 

Rosendahl (telephone: (819) 541-5404 

commercial/FTS 629-5404). National Air 

DaU Branch (MD-14). Technical 

Support Division: U.S. Environmental 

Protection Agency. Research Triangle 

Park. North Carolina 27711. 

SUmOtEKTARY INRMtHATtOlCThe .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 

emissioa of pollutants ta the ambient 

air. This information has 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 

UO and 114(a) of the CAA typically 

include questions on uncontrolled and 

controlled emission rates and emiasion 

parameters of the pollutant or group of 

pollutants of concern. The respondents 

sometimes claim that Ita reap«3naa 

constitutes trade secret infonnation, 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 Administretar by eny 

person that records, reports, or 

information, or a particular part thereof, 

(other than emission data) to which the 

Admmistrator has access under this 

section if made public, would divulge 

methods or processes entitled to 

protection as trade secrets of such 

person, the Admmistrator shall consider 

such * * * confidential in accordance 

with the purposes of section 1905 of title 

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

the Administrator so determines, the 

information is not disdosabte 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 asennfirifptia). Although typically .the EPA 

evaluates whether information 

constitutes emission data on a case-bycase bssis.lt believes that .wme kinds of 

data wiU always constitute emission 

data within the meaning of aection 

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

CFR 5U22. 5L322 and 5U23) of the 

CAA. The EPA is issuing this notice to 

clarify Us policy and procedures, to 

facilitate the uae of these data in 

automated data systems and computerbased simulation models, and to 

expedite processing of claims for 

confidentiality or requests for 

disclosure. 

The EPA presently determines that 

data submitted to it aa emission data 

does not qualify as confidential If It 

meets Ihe following definition under 40 

CFR2J01(aj(2)(i): 

a. Definitions. Forthe purpose of this 

section: (1) Act means the Clean Air 

Act es amended. 42 US.C 7401 et seq. 

(2)(i) Emissioa 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 

au* quality) of any 4smiss(ca which haa 

be*n emitted by the tVrarca (or of any 

pollutant resulting from any emiaaion by 

the source), or any combination of ths 

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 

aource was authorised to emit 

(Including, to the extent necessaiy far 

snch purposes, a description of ms 

manner or rata of operation of the 

source), or any combination of tha 

foregoing: 

(C) A general description of the 

locatioa and/or nature ef ihe source to 

the extent necessary to identify tte 

source and to dutingulsh tt fiom other 

sources Pflwitng. to the extent 

necessary for such purposes, a 

description of the device, (nstsflsoon. or 

operation constituting tha soarce). 

The table below lists the spedfic data 

fields which ths EPA presently 

considers to constitute entissioa&ta 

and provides a brief description of what 

each data field describss.Ths 

descriptions are intended to provide 

general information. This list is not ' 

exhaustive and. therefore, other data 

might he found, in a proper case, ts 

' constitute emissioa data. 

Emission Pats FWlds 

Facility Identifications The following data 

fields ars needed to estabttsh dm Identity and 

location of emission sources, this shaB alio 

Indude a description or en MentiHsr of the 

device, installation, or operation constituting 

thesour^ Theme data 4V« used te locate . 

sources for dispersion evaluation and 

exposure modeling. 

Plant Name and related point identifiers 

Addrese 

City 

Canary 

AQCR (Air Quality Control Sasteo) 

MSA. PMSA^CMSAfMetropisuUa Statistical 

Areas) 

State 

Zip Code 

Ownership and point of contact iufuuiailoa 

• Locations! Identifiers 

Uutute*Loi^mdn.orUTMCdd 

Coordinates 

SIC (Standard Industrial CUaatBcaHant 

ttmiuion point device or operation 

drtoffoHftHj fnfnrmaM?** 

SCC (Soarce CUaaulcedm Codes) 

Emissions Parameters: The foUowtnj date 

fields art needed to establish the 

characteristics of tha emlastoas. This 

Information la needed tor the analyses of 

dispersion and potential control equipment 

Emission type 

(e.g., nature ot tmlsalnna auds aa CO.). 

particulate or a specific toxic compound. 

•nd origin of emissions sua* as pnoM 

vents, storage Units or aquipmant leaks) 

Emission rata 

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

S 

te.g, the amount released to the 

atmoiphere over line such aa kg/yr or 

lbs/hr) 

Release height 

(e.g, height above ground level where the 

pollutant is emitted lo the atmosphere) 

Description of terrain and 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) 

Slnck or vent diameter at point of emissions 

(eug, tha inside diameter of vent at that 

point of emissioa to ths atmosphere in 

meters) 

Releaae velocity 

(e.g, velocity of release m m/iec) 

Rsdease temperature 

(e-g, temperatuw. af release at point of 

release ia degrees Kelvin) 

Frequency of release 

(e»g, how often a release occurs in events 

per year) 

Duration of release 

(«*g, the time associated with a release to 

du atmosphere) 

Concentration 

(e.g, use amount cf ea emission stream 

constituent relative to otiier stream 

constituents expressed aa parts per 

million (ppm). volume percent or weight 

percent) 

Density of the emissions stream or average 

molecular weight 

(tug. density expressed ss fraction or 

multiple of the danrityef ate molecmar 

weight In g/g-mole) 

Boiler or process design capacity 

(e-g, the gross heating value of fuel input to 

a bouea* at its snasliums draign ratef 

Emissioa estimation method 

(e.*> the method by which an emission 

estimate has been calculated such as 

material b4uanca. source test use of AP42 emission factors, etc) 

Percent space heat 

(e.g. the percent of fuel used for space 

heating) 

Houriy maximum design rate? 

(e.g, the greatest operating nte mat would 

be expected for a source in a 1-hour 

period) 

The EPA has determined that these 

data are emission data andreleasable 

upon request This determination 

applies to data currently held by EPA aa 

well as to infonnation submitted to EPA 

In the future. Future requests for 

information under sections 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. 

Detenninations 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: irebruary 8.1991. 

Mkhml Shapiro. 

Acting Assistant Administrator for Air and 

Radiation. 

(FR Doa 91-4.U4 Filed 2-20-41: 8:45 am] 

as 

Dated: February 12.1991. 

Douglas 0. Campt 

Director. Office ef Pesticide Pmtratnt. 

[FR Doc 91-4120 Filed 2-20-91:8:43 am] 

•nuM0 4mc«i 

(OPP-20O0O0A; BIL-3S79-41 

Request for Proposals; Research and 

DeveloptneMtt on Antimicrobial Test 

Methodology and Statistical Support 

on Experimental Design and Data 

Analysis; Extension of Proposal 

Deadline 

AXSEMCY; Environmental Protection 

Agency (EPA). 

ACTIONS Extension of proposal deadline. 

auiuiAim This notice announces the 

extension of deadline for a Request for 

Proposal that published in tha Federal 

Register of December 8,199a Tho 

Request Cor Proposal was published to 

solicit proposals which will result In die 

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 aupport to 

independently evaluate the 

experimental designs of projects and to 

analyze results from on-going teat 

methodology research were also 

solldted. 

OATcs: The new deadline for proposal 

submisiYioa 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 20480. One 

copy of the original must be sent to: 

'Susan Parker. Registration Dividon • 

(H7505C). Environmental Protection 

Agency, 401 MSt, SW, 20480. 

Application Kits may be obtained from: 

Grants Operations Branch (PM-Z18F). 

Environmental Protection Agency, 401M 

St. SW, Wuhington. DC 2046a or calk 

(202) 382-5286. 

FOR FURTHER IXFORUATiOM CONTACT: 

Susan Parker, Registration Division 

(H7S0SQ. Environmental Protection 

Agency. 401M St, SW, Washington, DC 

20460. Phone number (703) SS7-Z141. 

SUPPLEMENTARY INFORUATKNC EPA 

issued a Request for Proposal In tha 

Fadaral Registsr of December S, 1990 (55 

FR 50388). The original submission 

deadline was January 30.1391: the new 

deadline for proposal submission is 

extended to February 2a. 1991. 

(OF»t»-ie084t; FRt-3877-«l 

Emergency Exemptions 

AOENCR Eavironmentsl Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY; EPA has granted specific 

exemptions fbr the control of various 

pests to the seven States sa listed below 

and ona by the United States 

Department of Agcicultuze. Four crisis 

exemptions were initiated, two by the 

Florida Department of Consumer 

Services and two by tha United States 

Department of Agriculture. These 

exemptions, issued during the months of 

November and December, except fbr the 

one in October, era subject to 

application and timing mtricttsns and 

reporting requirements designed to 

protect the environment to thet maximum 

extent possible. Infonnation on these 

restrictions is available from ths contact 

persons in EPA listed below. 

DATES: See each specific and crisis 

exemption for He effective data. 

FOW FURDttH nratslATtON CONTACT: 

See eech emergency exemption for the 

rtarnw of ths contact person, ills 

following mforostion applies to all 

contact persona: By mail: Registration 

Division (H7S05C), Office of Pesticide 

Programs, Environmental Protection 

Agency. 401 MSt. SW, Washington. DC 

2048a Office location and telephone 

number Rm. 738, CM #2,1021 Jefferson 

Davis Highway, Ariington. VA. (703-

557-1806). 

SUPPLEMENTARY MFOItMATICN: EPA has 

granted specific exemptions to the: 

1. California Department of Food 4ind 

Agriculture for the use of chlorothalonfl 

on mushrooms to control vertidlUum 

diseases; November 14, ISSO. to 

November 13.1991. (Susan Stanton) 

2. (California Department of Food and 

Agriculture for the use of avermectin Bi 

on celery to control serpentina 

leafminers: November 19.1990, to 

November 18.1991. (Libby Pemberton) 

3. California Department of Food and 

Agriculture for the use of methyl 

bromide on carrots to control 

nematodes; December 23.1990. to 

December 2a 1991. (Libby Pemberton) 

4. Idaho Department of Agriculture for 

the use of pendlmethaiin on spearmint 

and peppermint to control kochla 4ind 

9 
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Enclosure 4 

^to sr,,,. 

£ ^* * \ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY . _. 

| ^u9 ^ ? RESEARCH TRIANGLE PARK. NC 27711 

*

t p " ° * - OFF.C6 OF 

AIR QUAUTY PIANNING 

ANO STAN0AR0S 

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.\7412, standards of 

performance under 42 U.S.C. 7411, and Federal ozone measures 

under 42 U.S.C. 7511 (b) . 

This designation is made pursuant to the Clean Air Act, 

42 U.S.C. 7414. The United States Code provides that, upon 

presentation of this credential, the Authorized Representatives 

named herein: (1) shall have a right of entry to, upon, or 

through any premises in which an emission source is located or in 

which records required to be maintained under 42 U.S.C. 7414 (a) 

(1), are located, and (2) may at reasonable times have access to 

and copy any records, inspect any monitoring equipment or method 

required under 42 U.S.C. 7414 (a) (1) , and sample any emissions 

that the owner or operator of such source is required to sample. 

Authorized Representatives of the Administrator are 

subject to the provisions of 42 U.S.C. 7414 (c) respecting 

confidentiality of methods or processes entitled to .protect ion as 

trade secrets, as implemented by 40 CFR 2.301 (h) (41 FR 36912, 

September 1, 1976) / • • 

Date: 

Designation Expires: September 30, 1997 

Director 

Office of Air Quality Planning 

and Standards 

is 
P.12 

Enclosure 5 

•

, 0^* 4 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

1 Office of Air Quality Planning and Standards 

Research Triangle Park. North Carolina 27711 

"

a

* December 1995 

SwrnmaiyofQAQPS 

Procedures for Safeguarding Clean Air Act fCAA) 

Confidential Business Information (CBI) 

1. Pjirjzfi££ 

This memorandum describes Agency policy and procedures pertaining to the handling and 

safeguarding of infonnation 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. EPAS«xurityMarwal,PartIT^Oiapt4=rs8and9. 

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

edition). 

3. Exception; 

This document was prepared as a summary of data gatlien^ 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 Infonnation - Information claimed by the provider to be 

confidential. This infonnation 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. MQJE: These markings should 

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

Executive Order 11652. 

ll 
S. Background 

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

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

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

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

part thereoC, (other than emission data) to which the Aamirustrator 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 ofthe United States 

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

officers, employees, or authorized representatives ofthe Umted States concerned 

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

The treatment of CBI by the U.S. EPA, including' data obtained under Section 114 of tiie 

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 tiie 

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

(2) the method for asserting a dam, 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 infonnation to audiorize 

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 tbe 

disclosure of information within EPA to employees whh an ______ need for tiie information; and 

(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. S52). 

6. Procedurea. Request for Infonnation 

Each request fbr 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 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 infonnation for which confidential treatment has been requested, the 

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

2 

\1-
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permanent file. If confidential treatment is requested, but is not specifically marked, the material 

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

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

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

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 deariyjojLconfidential, the Group 

Leader prepares a letter for signature ofthe Division Director, ESD, to notify the business of this 

finding. If the information is possibly confidential, the Group Leader sends a memorandum to 

inform the OD, ESD, of this finding, gives a brief description ofthe material (what it is, how 

many pages, etc.), identifies it with the correct ESD project number, and lists those persons who 

are authorized to have access to the infonnation. The infonnation 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 dearly identifying the infonnation 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. Ail unmarked or undesignated infonnation 

(except as noted bdow) is freely releasable. 

c Storage of CAA Confidential Bysiness 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 infonnation is a 

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

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

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

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

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

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

conformance with the requirements ofthe EPA Security Manual. 

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

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

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

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

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

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

checked out. 

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

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

personnel. 

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

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

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

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

redpient. 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 CBL 

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

their official duties are permitted to review docurnente and\ ur^n 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 tn knnw hi 

performing their official duties. 

The Group Leader having primary interest/ra 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 bamomaticdlyenthJed to .iccess based soldy on grade, 

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

the Clean Air Act CBI access list, winch indicates the "spedfic" 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, E§D. The following conditions apply when it has been detennined 

that disclosure is necessary: 

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

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

refrain from disclosing the 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 infonnation is no longer required for the performance ofthe work. 

^ 
P.16 

(2) The authorized contractor designated as a representative must 

obtain a wrinen 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 disdosure 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 infonnation. 

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

employees only upon approval ofthe Director, ESD. 

Requests for CAA CBI fiom other Federal agendes, Congress, the Comptroller General, 

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

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

2, Subpart A. The Freedom of 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 PisHosni-e of CAA Confidential Basins Information 

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

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

Subpart B. 

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

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

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

.confidential material. 

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

CBL must be stamped "Subject tp 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 

\5 
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 involve 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 whh a responsible industry official the infonnation 

sought, how it is to be used, and how ft 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 indude, as practicable, 

aQ information recervedby EPA or its authorized rer*esentative during the visit or test The 

report may be prepared !>y either EPA or te atithorized representative. The draft ofthat report is 

dearly identified, on an attached, colored cover sheet as "Confidential PenalngDeteraunatioii.'* 

A second copy ofthe draft trip report is forwarded by EPA to the responsible industry official fbr 

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

mark any information considered to be confidentiaL and return tiie mark^ up-report to the 

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

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

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 ofthe trip report is edited to delete the confidential infonnation and to 

accommodate technical changes, and the trip report is issued. 

2 Attachments 

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P.18 

Attachment A 

CAA CONFIDENTIAL BUSINESS INFORMATION 

CONTROL RECORD 

[DATE .RECEIVED: 

1 * 

[DATE OF DOCUMENT: 

RESPONSIBLE BRANCH: CONTROL NUMBER: 

DOCUMENT AUTHOR: 

1 DESCRIPTION (Providing organization, tine, subjea, number of copi« and nuniber of pages) 

I RETURN DATE: DESTRUCTION DATE: INITIALS: 

1 mZaeh person ghen aeeess to this document tnustfiU in the Information below 

\ CHECK-OUT 

I SIGNATURE 

.• 

| 

1 

1 

DATE 

* 

TIME 

. 

CHECK-IN 

SIGNATURE 

. 

DATE TIME 

CAA CBI Form 1 (Rev. 6/93) 

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P.19 

Attachment B 

1. AUTHORIZATION FOR ACCESS TO CAA CBI FOR CONTRACTOR EMPLOYEES 

FULL NAME 

SSN 

POSITION 

CONTRACTOR 

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

supervision who require access to CAA CBI: 

1. Sign die Gsntidemiality Agreement for EPA Employees 

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

J. Obtain access only to that CAA CBI required m perform their official duties 

SIGNATURE OF AUTHORIZING OFFICIAL* 

TITLE 

TELEPHONENO. DATE 

LOCATION 

TJL CONFTOEamALITY AGREEMENT FOR CONTRACTOR EMPLOYEES 

I understand that I will ihave access to CisrtamConf^ 

its authorize representatives under die Clean Air Act (CAA). This access fe granted fa accordance 

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

I understand that CAA CBI may aot be disclosed except as atrtborizedty CAA and Agency 

regulations. T mAerrtxriA ffatf T nm llnhtft far * prxsiMe fi» nf u p to t l ,00 0 mnAfe*- tmpwcnwm^fff frr 

uptolyCTiflwfllfMfyd^cseCAACBltoaiiypenrairt In addition I 

understand Aat I may be subject to disciplinaiyac 

ranging up to and including dismissal. 

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

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

I have read and understand these procedures. 

SIGNATURE TELEPHONENO. DATE 

m . HAVING COMPLETE REQUIRED TRAINING AND PASSED REQUIRED 

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

ACCESS TO CAA CBL 

SIGNATURE CONTRACTOR/DCO TELEPHONENO. DATE 

• Musi be Contractor Management 

CAA CBI Form 3 (Rev. 6/95) 

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