UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

RESEARCH TRIANGLE PARK, NC 27711 

Mr. Mark Garza 

Environmental Manager 

Shintech Incorporated 

5618 Highway 332 East 

Freeport, TX 77541 

Dear Mr. Garza: 

MAR 1 6 2011 

OFFICE OF 

AIR QUALITY PLANNING 

AND STANDARDS 

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

Agency (EPA) is collecting information to characterize hazardous air pollutant emissions from 

vinyl chloride monomer (VCM) and ethylene dichloride (EDC) production facilities. We request 

this information to support our efforts under section 112 of the CAA to address air toxics 

emissions from these facilities. 

We request information on your company's VCM and/or EDC production facility 

specifically listed below: 

Shintech Incorporated Plaquemine, Louisiana 

We are providing the survey response forms in Microsoft® Excel2003 spreadsheet 

format. A blank database can be downloaded from the following website: 

http://www2.ergweb.com/projects/EDCVCM/index.html 

The survey is designed to collect information on emissions, emission points and related 

control devices, and other relevant aspects of the facilities. Enclosure 1 contains a summary of 

the information we are requesting; Attachment A to Enclosure 1 contains instructions to assist 

you in completing your response. We have also provided, in Attachment B to Enclosure 1, 

additional information on the background and purpose of the information request. On the 

website cited above, we have provided example process flow diagrams and the survey 

instructions. Please refer to this material in completing your response. 

As part of this information request, we are also requiring stack testing for selected 

emission sources at your company's VCM and/or EDC production facility. Details regarding the 

stack testing requirements can be found in Enclosure 2. The test results reporting forms can be 

downloaded from the website referenced above. 

Internet Address (URL) • http://www.epa.gov 

Recycled/Recyclable • Prtnted wnh Vegetable 011 Based Inks on Recycled Paper (Minimum 25% Postconsumer) 
2 

Supplemental information is contained in the following enclosures: 

Description Enelo~ure# 

Summary of information requested and survey Enclosure 1 

instructions 

Test Procedures, Methods, and Reporting Enclosure 2 

Requirements 

CAA Section 114 Authority and CBI claims Enclosure 3 

CBI emissions data disclosure Enclosure 4 

Designation of ERG as authorized representative Enclosure 5 

Policies and Procedures for handling CBI Enclosure 6 

Please e-mail the completed non-confidential survey response and stack test results to: 

RCG-VCM@epa.gov 

The survey is designed to collect emissions information, which, by law, cannot be 

confidential information. If you are submitting this production or cost information as 

confidential business information (CBI), as described in Enclosure 4, then this information must 

be mailed to EPA on a CD-ROM or DVD-ROM disk. Clearly mark the disk with the words 

"Confidential Business Information," and send either via U.S. Postal Service Express Mail, 

registered mail, or private courier to: 

Jodi Howard c/o 

U.S. EPA 

OAQPS Document Control Office (C404-02) 

Attn: Roberto Morales 

Research Triangle Park, NC 27711 

DO NOT ELECTRONICALLY TRANSMIT CONFIDENTIAL BUSINESS 

INFORMATION TO EPA. 

You are required to return the following completed items on or before the dates indicated: 

Survey Response 

Stack Testing Results 

May 13,2011 

August 31, 2011 
3 

If you have questions regarding this request, please contact Ms. Jodi Howard, Refining 

and Chemicals Group, at (919) 541-4607, or howard.jodi@epa.gov. 

Thank you for your assistance in this effort. 

Sincerely, 

Sector Policies and Programs Division 

6 Enclosures 

cc: Mr. Carl Edlund, USEPA, Region 6 (6EN-AA), Air Division Director, 1445 Ross Avenue, 

Dallas, TX, 75202-2733 

Ms. Misty Lemon, LA DEQ, P.O. Box 82135, Baton Rouge, LA, 70884-2135, 

Mr. James Bell, Shintech Incorporated (via email) 
Enclosure 1 

VINYL CHLORIDE MONOMER AND ETHYLENE DICHLORIDE PRODUCTION 

INFORMATION REQUEST 

I. Introduction 

The information request is to be completed for the facility identified in the cover letter to 

your company that produces vinyl chloride monomer (VCM) and/or ethylene dichloride (EDC). 

The information request must be completed for sources which produce VCM and/or EDC, 

whether the product is produced as an intermediate or a finished product. Facilities that have 

received a permit to construct, but have not yet commenced production ofVCM or EDC, or that 

are expanding existing production capacity are required to complete all parts of the survey. For 

those facilities, projected actual emissions (not "potential to emit") are to be provided in lieu of 

actual operating emissions. There are two components to the information request, a Microsoft® 

Excel survey and emissions testing. 

We are requesting information about equipment and operations that have vinyl chloride 

emissions during VCM or EDC production at your facility. In the survey, you are required to 

provide information regarding vinyl chloride emissions. If you estimate vinyl chloride 

emissions, base the estimate on existing source test data, recorded operating data, or engineering 

calculations, including the engineering basis for all calculations. 

The survey is formatted as a series of Excel worksheets. Data entry worksheets are 

provided for all information requested in the survey. At the beginning of the survey, you must 

provide. basic descriptive information for each process unit which will help facilitate consistent 

terminology throughout the survey. You must provide information on the emissions from each 

emission point, the process units contributing to the emissions, and the control device prior to the 

emission point. We are requesting detailed process information only where this information will 

help us understand the air emissions associated with your process. 

This survey may require you to submit a limited amount of information that you may 

choose to claim as confidential business information (CBI). Refer to Enclosure 4 for the 

information EPA may require, at a later time, to support your confidentiality claims. 

Instructions for obtaining the survey are found in Section II of this Enclosure. A 

summary of the requested supplemental data and information can be found in Section III, and 

instructions for submitting your response can be found in Section IV. Applicable definitions can 

be found in Section V, with acronyms and units of measure provided in Section VI. Attachment 

A of this Enclosure contains instructions for completing your responses with worksheet-specific 

guidance. Attachment B of this Enclosure provides additional information on the scope and 

purpose of this survey. Respondents should read this material before attempting to complete the 

survey. 

As a part of this information request, we are also requiring emissions testing for selected 

emission sources. Additional information regarding the testing requirements can be found in 

Enclosure 2. 

VCM/EDC Section 114 Enclosure 1- Page 1 

3/11/2011 
Enclosure 1 

If you have questions regarding this request, please contact Ms. Jodi Howard, Refining 

and Chemicals Group, at (919) 541-4607 or howard.jodi@epa.gov. 

II. Instructions for Obtaining the Survey Files 

The survey response worksheets are available in Microsoft® Excel at the following 

website: 

http://www2.ergweb.com/projects/vcmedcsurvey/index.html 

Use the following user name and password to login: 

• User name: vcmedc 

• Password: survey 

As a company, you must submit one Excel file per facility. 

Other files available for download include an example process flow diagram and a copy 

of this enclosure. Refer to the instructions contained in this enclosure when completing your 

response. As questions arise through the survey response period, they·will be addressed in a 

question and answer document which will also be posted on the website. 

III. Supplemental Data and Information Requested 

In addition to completing the survey, we are requesting the submission of supplemental 

data and information to support the information submitted for all parts of the survey. The 

following table summarizes the supplemental data and information that must be submitted with 

your response. Provide actual recorded data where possible and submit any previously 

conducted emissions testing data in the Test Data worksheet of the Excel survey. If recorded 

process data (such as continuous emissions monitoring system (CEMS) data) is not available, 

provide estimates based on engineering assessments, material balances, etc., and provide 

copies of estimation worksheets and other supporting documentation. Recorded process data, 

test results, estimation worksheets, engineering calculations, assessments, etc., must be 

provided to support the information submitted for all parts of the survey. In addition to the 

information requested in the table below, EPA may request additional information which will 

enable us to better understand responses and interpret data. 

Process unit flow diagrams submitted may be existing diagrams which you have 

created for another purpose. These diagrams must include identification of emission points 

and control devices; use the same nomenclature between the process flow diagrams and your 

survey. 

VCM/EDC Section 114 Enclosure I- Page 2 

3/1112011 
Enclosure 1 

Information requested is for the related equipment and time periods as designated in the 

table below. Process unit refers only to VCM and EDC process units. 

Process Unit Flow Diagram 

Emissions Test Reports Control Device, 

Facility wide emissions inventory with calculation details Each Facility, year 2009 

Vinyl Chloride CEMS Data 

Each Process Unit CEMS, year 2009. 

(Data may be provided as hourly averages 

to reduce file Excel files 

Operating Permit and permit applications, variances to permits for 

VCM and EDC process units (Air permits only) 

Current permit for each Process Unit, and 

outstanding applications which have not 

been included in the current 

IV. Instructions for Submitting Your Survey Response 

Use the appropriate file naming format as listed below for the files you submit when 

responding to this survey: 

Survey [Company ]_[Facility]_ VCMEDCSurvey 

Facility Plot Plan [Company ]_[Facility ]_PlotPlan 

Process Unit Flow Diagram [Company]_[Facility]_[ProcessUnitiD]_PFD 

Emission Test Reports [Company]_[Facility]_[ProcessUnitiD]_[MMYYYY]_ET 

VCCEMSData [Company ]_[Facility ]_[Process UnitiD]_ CEMS 

Operating Permits [Company ]_[Facility ]_[ProcessUnitiD]_ Pennit_[MMYYYY] 

For file names that include dates or date ranges, use four digits for the year (YYYY) and two 

digits for the month (MM). 

Submit the files with all other required data and information outlined in Section III. 

Please e-mail the completed non-confidential survey response to: 

rcg-vcm@epa.gov 

VCM/EDC Section 114 Enclosure 1 -Page 3 

3/1112011 
Enclosure 1 

If ym~ are submitting CBI as described in Enclosure 4, then this information must be 

mailed to EPA on a CD-ROM or DVD-ROM disk. Clearly mark the disk with the words 

"Confidential Business Information" and send either via U.S. Postal Service Express Mail, 

registered mail, or private courier to: 

Jodi Howard c/o 

U.S. EPA 

OAQPS Document Control Office (C404-02) 

Attn: Roberto Morales 

Research Triangle Park, NC 27711 

DO NOT ELECTRONICALLY TRANSMIT CONFIDENTIAL BUSINESS 

INFORMATION TO EPA. 

If you have questions regarding this request, please contact Ms. Jodi Howard, Refining 

and Chemicals Group, at (919) 541-4607 or howard.jodi@epa.gov. 

V. Key Term Definitions 

The following definitions are provided for the purpose of the survey only. They are not 

intended to replace statutory definitions or regulatory definitions developed elsewhere. 

Control device: Any equipment that reduces the quantity of a pollutant that 

is emitted to the air. The device may destroy or secure the 

pollutant for subsequent recovery. Examples include 

thermal and catalytic oxidizers, adsorbers, 

absorbers/scrubbers, and fabric filters. For the purposes of 

this survey, a control device includes recovery and 

recapture devices which are not primary condensers for 

distillation operations. 

EDC purification: Includes any part of the process of ethylene dichloride 

purification following ethylene dichloride formation, but 

excludes crude, intermediate, and final ethylene dichloride 

storage tanks. 

Emission Point: Any permitted or unpermitted point where vinyl chloride is 

being released and the emissions are from equipment used 

in ethylene dichloride purification, vinyl chloride formation, 

or vinyl chloride purification or has emissions from 

oxychlorination reactors or direct chlorination reactors. 

Hazardous Air Pollutants (HAP): See 42 U.S.C. §7412(a)(6). 

VCM/EDC Section 114 Enclosure 1- Page 4 

3/11/20 II 
In vinyl chloride service: 

Process unit: 

Stream: 

Vinyl chloride purification: 

Volatile Organic Compounds 

(VOC): 

Enclosure 1 

A piece of equipment either contains or contacts a liquid 

that is at least 10 percent vinyl chloride by weight or a gas 

that is at least 10 percent by volume vinyl chloride as 

determined according to the provisions of 40 CFR 61.67(h). 

The equipment assembled and connected by pipes or ducts 

to process raw materials and to manufacture an intended 

product. A chemical manufacturing process unit consists of 

more than one unit operation. For the purpose of this 

information request, a process unit includes air oxidation 

reactors and their associated product separators and 

recovery devices; reactors and their associated product 

separators and recovery devices; distillation units and their 

associated distillate receivers and recovery devices; 

associated unit operations; associated recovery devices; and 

any feed, intermediate arid product storage vessels, product 

transfer racks, and connected ducts and piping. A process 

unit includes pumps, compressors, agitators, pressure relief 

devices, sampling connection systems, open-ended valves 

or lines, valves, connectors, instrumentation systems, and 

control devices or systems. A process unit is identified by 

its primary product. 

Any contained or non-contained solid, liquid, gas, or vapor 

entering or exiting an individual unit operation or single 

piece of equipment. 

Includes any part of the process of vinyl chloride production 

which follows vinyl chloride formation. 

See 40 CFR 51.100(s). 

VCMIEDC Section I 14 Enclosure 1 -Page 5 

3/11/2011 
Enclosure 1 

VI. Key Acronyms and Units of Measure 

~ percent 

acfm actual cubic feet per minute 

Btu/scf 

CAA 

CEMS 

day/yr 

DC 

dscfm 

EDC 

EPA 

ft 

ft/s 

gpm 

gr/dscf 

HAP 

hr/day 

Ill 

kPa 

LAER 

lb/day 

lb/gal 

actual cubic feet per minute per square foot 

British thermal units per standard cubic foot 

Clean Air Act 

continuous emissions monitoring system 

days per year 

District of Columbia 

dry standard cubic feet per minute 

ethylene dichloride 

U.S. Environmental Protection Agency 

feet 

feet per second 

cubic feet per thousand actual cubic feet per minute 

U.S. gallons per minute 

grains per dry standard cubic foot 

hazardous air pollutants 

hours per day 

inches 

inches of water 

kilopascals 

lowest achievable emission rate 

pounds (mass) per day 

pounds (mass) per U.S. gallon 

VCMIEDC Section 114 Enclosure 1- Page 6 

311112011 
lb/hr 

lbs/yr 

MACT 

mglt 

MMlb/yr 

NAICS 

NESHAP 

OAQPS 

P&ID 

PFD 

ppmv 

ppmw 

RCG 

s 

scfin 

SPPD 

ton/yr 

VCM 

voc 

vol% 

wt% 

Enclosure 1 

pounds (mass) per hour 

pounds (mass) per year 

maximum achievable control technology 

milligrams per liter 

milligrams per cubic meter 

million pounds (mass) per year 

North American Industry Classification System 

national emission standards for hazardous air pollutants 

Office of Air Quality Planning and Standards 

degrees Celsius 

degrees Fahrenheit 

piping and instrumentation diagram 

process flow diagram 

parts per million, by volume 

parts per million, by weight 

Refining and Chemicals Group 

second or seconds 

standard cubic feet per minute 

Sector Policies and Programs Division 

tons per year, or short tons per year 

vinyl chloride monomer 

volatile organic compounds 

volume percent, or percent by volume 

weight percent, or percent by weight 

VCMIEDC Section 114 Enclosure 1- Page 7 

3/11/2011 
Enclosure 1 

Attachment A 

Survey Instructions for Vinyl Chloride Monomer and Ethylene Dichloride 

Production Facilities 

The survey is to be completed for facilities that produce vinyl chloride monomer (VCM) 

and/or ethylene dichloride (EDC) at your company. 

These instructions provide information to complete each worksheet in the survey. Bullet 

points are used to provide guidance for specific questions in the survey. 

Company Information 

Complete this worksheet once for the company; company refers to the highest corporate 

entity associated with the facilities, parent company or legal owner. 

Facility Information 

Complete this worksheet once for the facility owned by the company which produces 

VCM and/or EDC. 

• Legal owner and Legal operator: Enter this information to distinguish between the 

owner and operator. 

Process Units 

Complete this worksheet once for the facility, identifying all process units. Please note, 

if you operate two discrete manufacturing lines, each producing EDC, you will have two process 

units for the purposes of this survey. Please provide a unique process unit identifier for each 

process unit at the facility; use the same terminology and unit identifiers between the process 

flow diagrams and your survey. 

In certain instances, emission points may have streams from other facilities which are 

vented through a control device at this facility. If this applies to you, please list the other facility 

and process unit ID for clarity. This process unit ID shall be provided as a contributing process 

unit on the "Emission Points" worksheet. 

For each Process Unit ID given under the VCM/EDC process units section, detailed 

questions about emissions will be asked in the remainder of the survey. For other process units 

listed, detailed questions will not be asked. IDs for these process units are used to give a more 

complete understanding of the interaction between the process units. As an example, a control 

device could have feeds from a VCM and PVC process unit. 

Emission Points 

For each process unit involved in the production ofVCM or EDC, please provide unique 

emission point identifiers on this worksheet. An emission point for the purposes of this survey is 

any permitted or unpermitted point where vinyl chloride is being released and the emissions are 

VCMIEDC Section 114 Enclosure 1, Attachment A- Page l 

3111/20 II 
Enclosure 1 

Attachment A 

from equipment used in ethylene dichloride purification, vinyl chloride formation, or vinyl 

chloride purification or has emissions from oxychlorination reactors or direct chlorination 

reactors. Provide all emission points on this worksheet, with one emission point per column. If 

you have more emission points than will fit on one worksheet, you may copy and create new 

worksheets to provide all information. 

Emission points must be appropriately marked on the process flow diagram; use 

consistent identifiers between the survey and the process flow diagram. If a control device(s) 

directly precedes an emission point, please provide an ID for the final control device(s); use 

consistent terminology between the sunrey and process flow diagram. It is not necessary to 

provide IDs for all control devices used throughout the process unit. Multiple control device IDs 

will be necessary only ifthere are control devices in series directly preceding the emission point 

(e.g., a thermal oxidizer and acid gas scrubber). In addition, for each control device listed, you 

will complete the corresponding control device worksheet to gather basic information. 

If an emission point is comprised of streams from multiple process units, enter the 

Process Unit ID on row 13 with the largest contribution to the emissions and list other process 

units under the contributing process units section. Do not list emission points more than once if 

emissions are from multiple process units. If other process units (non-VCM/EDC process units) 

are contributing to the emissions, please identify them in rows 55 through 74; however, ifnonVCM/EDC process units are the largest contributor to an emission point, enter on row 13 the 

VCM or EDC process unit with the largest contribution and include a note in the comments 

section. If an emission point is associated with multiple process units and a particular process 

unit provides 50 percent of the flow, but 90 percent of the vinyl chloride content, enter 

90 percent when providing information on contributing process units. 

Please provide the following stack paran1eters and emissions information for each 

emission point: 

• Ground elevation (ft): Enter the elevation above sea level. 

• Stack height above ground elevation (ft): Enter the height of the stack or vent from 

the ground. 

• Stack diameter (ft): Enter the internal diameter of the stack or vent at the exit. 

• 2009 Actual vinyl chloride emissions (lbs): Enter emissions during normal operation 

for 2009. 

• 2009 Maximum hourly vinyl chloride emissions (lblhr): Enter the maximum 

emissions during any one hour in 2009. 

• Vinyl chloride emissions expected at maximum operating capacity (lbs/yr): Enter the 

emissions that would be expected if the unit were operating at its maximum capacity. 

• Annual vinyl chloride emissions allowed by Federal regulation or state permit (e.g., 

NESHAP emission limit) (lbs/yr): Enter the annual emissions during normal 

operation allowed by the regulation and/or permit to which this point is subject. If 

there is no applicable emissions limit for this pollutant, enter "N/ A". (Note that if the 

emission limit is on a concentration basis, you will need to use process data at 

maximum capacity to convert the limit to lbs/yr.) 

VCMIEDC Section 114 Enclosure 1, Attachment A- Page 2 

3/11/2011 
Enclosure 1 

Attachment A 

• 2009 Average vinyl chloride concentration (mg/m3 @ 7% 0 2): Enter average 

concentration during normal operation for 2009. 

• Vinyl chloride concentration expected at maximum operating capacity (mg/m3 @ 7% 

Oz): Enter the concentration that would be expected if the unit were operating at its 

maximum capacity. 

For vinyl chloride emissions information, enter actual data if available or estimate values. 

Process Equipment Opening 

For each process unit involved in the production ofVCM or EDC, fill out this worksheet 

for each equipment opening which occurred in 2009 and resulted in vinyl chloride emissions. 

Include process equipment openings and the associated emissions related to batch operations, 

cleaning activities, or other opening activities. This includes loading or unloading lines that are 

not opened to the atmosphere after each loading or unloading operation, but excludes opening of 

crude, intermediate, and final EDC storage tanks. Describe the process equipment opened in 

sufficient detail to describe where it occurs in the process flow, no formal ID is necessary, but 

may be provided. 

Provide all equipment openings on this worksheet, with one opening per column. If you 

have more equipment openings than will fit on one worksheet, you may copy and create new 

worksheets to provide all information. Alternatively, if you have a large number of equipment 

openings to report, you may attach a spreadsheet containing the information requested. Please 

note in the survey if you have taken this option. If you do not keep records of process equipment 

openings for individual vessels and opened many vessels during a turnaround, you may report a 

group of vessels in the same process unit, and make emission estimates for the group of vessels. 

Loading and Unloading Lines 

For each process unit involved in the production ofVCM or EDC, complete this 

worksheet for loading and unloading lines in vinyl chloride service which are opened to the 

atmosphere after each loading or unloading operation. This includes all loading or unloading of 

tank trucks, railcars, barges, ships, and other loading or unloading operations. Provide all 

loading and unloading operations on this worksheet, with one operation per column. If you have 

more loading and unloading operations than will fit on one worksheet, you may copy and create 

new worksheets to provide all information. 

Costs 

For each process unit involved in the production ofVCM or EDC, complete this 

worksheet for activities which resulted in a reduction of vinyl chloride emissions. Please provide 

costs for any air pollution control devices changes, process changes, equipment 

changes/upgrades, and management or work practices implemented which reduced generation of 

vinyl chloride emissions within the last 10 years for which you have readily available cost 

information. For all costs do not adjust for inflation. Additionally, you may provide information 

for changes made more than 1 0 years ago if desired. Provide all cost information on this 

VCM/EDC Section 114 Enclosure I, Attachment A- Page 3 

3/ll/20ll 
Enclosure 1 

Attachment A 

worksheet, with one change per column. If you have more cost information than will fit on one 

worksheet, you may copy and create new worksheets to provide all information. 

This worksheet is separated into two sections with different questions for each. The first 

section focuses on control device modifications and the second sections focuses on process and 

equipment changes. · 

Control Device Costs 

For this section, provide cost information on control device installations and/or 

modifications. 

• Reason for modification: Examples include compliance with air toxics regulations, 

consent orders, or cost reduction. 

• Length of shutdown (days) refers to days of lost production. 

For the capital costs section: 

• Purchased equipment includes all mechanical, electrical, and auxiliary equipment. 

• Installation costs include foundations, buildings, supports, handling/erection, 

electrical, piping, painting, engineering, construction and field expenses, site 

preparation, demolition, contractor fees, start-up, and testing. 

• Instrumentation and monitors includes related equipment, installation, and 

calibration. 

For the annual operating and maintenance costs section: 

• Give all operation and maintenance costs for 2009. 

• Utilities include electricity, water, steam, natural gas, liquid or solid chemicals, or 

other. 

• Other annual costs may include supplies and replacement parts such as catalyst for 

selective catalytic reduction or carbon for carbon adsorbers, along with other costs 

available. Please type a description and give a cost for each; you may enter as many 

as you have. 

Process and Equipment Change Costs 

For this section, provide cost data for any process and equipment changes/upgrades, and 

management or work practices implemented. Example changes, upgrades, and practices include 

installation of monitoring equipment, pollution prevention techniques, or improvements in 

maintenance. Provide the total capital cost and the change in annual operating cost. Also, for 

this section, identify the air pollutants affected along with either the emissions reduction (lb/yr) 

or percent reduction. 

• 

• 

Length of shutdown to make· change (days) refers to days of lost production . 

Total capital cost is the lump sum of any expenditures on equipment, installation, 

planning, etc., that is related to the change or practice. 

VCM/EDC Section 114 Enclosure 1, Attachment A- Page 4 

3/1112011 
Enclosure 1 

Attachment A 

11 Change in total annual operating cost ($/yr): Provide changes in annual operating 

costs. Include annual operating costs that are an increase to prior operating costs 

(e.g., additional operating costs due to installation of control devices or labor to 

perform additional maintenance). If the change or practice resulted in decreased 

annual operating costs, indicate the cost decrease as a negative number. 

Existing Test Data 

Enter emissions testing data for each emission point related to VCM or EDC process 

units for which stack tests were conducted during the last 5 years. You are only asked to provide 

emissions data for vinyl chloride and dioxins/furans. You may submit stack test data which is 

more than 5 years old if you believe it is representative of current operations. Do not include test 

data for combustion units which are not used as control devices. In addition, please submit 

electronic copies of complete stack test results. Note that this test data section is to provide data 

in addition to the stack testing being required as part of this information request, and does not 

substitute for any of the stack testing requirements. 

Control Devices 

Fill out the corresponding worksheet for each control device which is listed on the 

Emission Points worksheet. Each worksheet has specific questions based on the type of control 

device. If there are multiple control. devices of one type (e.g., two thermal oxidizers) provide 

details for each on the same worksheet, with one control device per column. If you have more 

control devices than will fit on one worksheet, you may copy and create new worksheets to 

provide all information. Please be consistent with the emission point IDs and control devices 

IDs listed. 

Control device worksheets are provided for: 11 Thermal or catalytic oxidizers (T.O.) 

• Absorbers 

11 Adsorbers 

• Condensers 

• Flares 

• Other control devices 

VCM/EDC Section 114 Enclosure I, Attachment A- Page 5 

3/1112011 
Enclosure 1 

Attachment B 

BACKGROUND FOR ETHYLENE DICHLORIDE AND VINYL CHLORIDE 

MONOMER PRODUCTION INFORMATION REQUEST 

I. Introduction 

The purpose of this attachment is to provide the respondent with additional detail on the 

relevant requirements of the Clean Air Act (CAA) and the regulatory background of ethylene 

dichloride and vinyl chloride monomer production. 

II. Summary of Clean Air Act Requirements 

The CAA prescribes an analytical framework that EPA is to apply in developing national 

emission standards for hazardous air pollutants (NESHAP) for major sources. A key concept in 

this framework is the establishment of the maximum achievable control technology (MACT) 

floor. The CAA specifies that NESHAP for existing sources in a particular category or 

subcategory are to be no less stringent (but may be more stringent) than the average emission 

limitation achieved by the best performing 12 percent of the existing sources in such category or 

subcategory of sources. In categories or subcategories with less than 30 sources, the floor is to 

be based on the average emission limitation achieved by the best performing 5 sources. The 

MACT floor for new sources is the emission control that is achieved in practice by the best 

controlled similar source. The CAA also sets forth requirements for EPA to review these MACT 

standards, and, if necessary, revise them. 

III. Regulatory Background for Ethylene Dichloride and Vinyl Chloride Monomer 

Production 

On October 21, 1976, EPA promulgated emission standards for vinyl chloride under the 

risk-based CAA requirements then in effect (41 FR 46560; 40 CFR 61, Subpart F (40 CFR 61.60 

- 61.71)) ("the Part 61 NESHAP"). When Congress amended the CAA in 1990, it required EPA 

to establish technology based standards under CAA section 112( d). As a result, EPA 

promulgated the 40 CFR part 63, subparts F, G, and H NESHAP for Organic Hazardous Air 

Pollutants from the Synthetic Organic Chemical Manufacturing Industry (RON) source category 

on April22, 1994 (59 FR 19454). Ethylene dichloride (EDC) and vinyl chloride monomer 

(VCM) production were included in the RON source category. On December 21, 2006, EPA 

determined not to revise the 40 CFR part 63 RON NESHAP pursuant to sections 112(d)(6) and 

(f) ofthe CAA (71 FR 76603). 

The purpose of this request is to collect information to characterize hazardous air 

pollutant emissions from VCM and EDC production facilities. 

VCM/EDC Section 114 Enclosure I, Attachment B- Page 1 

3/1112011 

Enclosure 2 

Test Procedures, Methods, and Reporting Requirements 

For Vinyl Chloride Monomer and Ethylene Dichloride 

Production Emission Points 

Under the authority of Section 114 of the Clean Air Act, EPA is requesting 

emissions testing for facilities which produce vinyl chloride monomer (VCM) and 

Ethylene Dichloride (EDC). This test program requires you to conduct emissions tests 

for pollutants which originate from these production facilities. You must perform stack 

tests that are representative of current operations at each emission point described in this 

enclosure. 

All recipients must complete the testing and submit a test report with the results of 

the emissions test no later than August 31,2011. 

This document provides an overview of approved methods, target pollutant units 

of measure, and reporting requirements for VCM and EDC production facilities required 

to provide emission test data based on the CAA section 114letter. The purpose for this 

testing is to gather data on air pollutant emissions from certain emissions points in VCM 

and EDC production. The document is organized as follows: 

1.0 Stack Testing Procedures and Methods 

2.0 Reporting Test Data 

3.0 Data submission Procedures 

4.0 Contact Informa~ion for Questions 

1.0 Stack Testing Procedures and Methods 

You must conduct a stack (performance) test for at least one of the incineration 

control systems (e.g., thermal oxidizer in series with acid-gas scrubber) used to control 

emissions from VCM and/or EDC production for the following pollutants: 

Table 1.1: VCMJEDC compounds to be tested 

Compound (CAS #} 

Dioxins/Furans (congeners) 

Vinyl Chloride (75-01-4) 

Total Hvdrocarbons 

If you operate a "stand alone" direct chlorination EDC unit, you are not required 

to conduct any stack testing. In addition to the compounds listed above, you are required 

to collect simultaneous measurements of CO, C02, 0 2, moisture and flow rate as required 

by the individual test methods. 
Enclosure 2 

1.1 How to Select Sample Location and Gas Composition Analysis Methods 

U.S. EPA Method 1 of Appendix A of Part 60 must be used to select the locations 

and number of traverse points for sampling. See 

http://www.epa.gov/ttn!emc/methods/methodl.html for a copy of the method and 

guidance information. 

Analysis of flue gas composition for 02, C02 or excess air must be performed 

using U.S. EPA Methods 3A or 3B of Appendix A of Part 60. See 

http://www.epa.gov/ttnlemc/methods/method3a.html for Method 3A or 

http://www.epa.gov/ttn!emc/methods/method3b.html for Method 3B information. 

1.2 Vinyl Chloride Monomer and Ethylene Dichloride Productio11 Stack Test 

Methods 

Testing must be conducted on the outlet of at least one of your incineration 

control systems (e.g., thermal oxidizer in series with acid-gas scrubber) that controls 

emissions from VCM and/or EDC production. Testing must also be conducted at no less 

than 90 percent of your permitted or maximum production capacity. 

If you tested one of your incineration control syste:t;ns as part of the CAA section 

114 polyvinyl and copolymer (PVC) testing, submitted those results to EPA, and those 

results were based on streams from PVC and VCM/EDC, you are not required to conduct 

additional testing under this V CM/EDC CAA section 114 request. You must provide a 

written explanation of what streams were included in the test and the percentage they 

contributed to the total process vent stream by April 11, 2011. 

If you have conducted testing for one or more of the compounds listed in this test 

memo, that testing may be used in lieu of conducting the testing required by this test 

memo, provided you request a test waiver for our consideration. Only those requests 

which meet the following criteria will be considered for test waiver approval: 

• The testing must have been conducted within the last 5 years; 

• The testing must be a part of compliance demonstration with another Federal or 

state rule; 

• The test methods used must be the same as test methods required by this test 

memo; 

• The test plans, protocol, or results must be approved by Federal or state agency; 

• The test duration must be at least equivalent to those required by this test memo; 

• The compounds tested must be the same as those required by this test memo, 

including congeners for dioxins/furans; 

• The process data during testing must be submitted (production rates for all 

process units contributing to emissions, operational parameters specific to the 

control device(s), heat input, fuel composition, and feed rate of fuel and waste gas 

into incineration unit); 

VCM-EDC Test Procedures Memo -Page 2 

03/11111 
Enclosure 2 

• A copy of the test report summary, which includes test methods, test duration, and 

an explanation of where sampling was conducted, must be submitted; 

• The detection levels obtained during the testing must be submitted, as well as a 

description of the procedure used to determine each detection level; and 

• The analytical methods used to determine the test results must be submitted. 

Waiver requests with incomplete information will not be approved. If we do not 

approve your waiver request, you will be required to conduct all the testing required 

within this test memo by August 31, 2011. 

Table 1.2 presents a summary of the recommended and alternative test methods 

for each compound. We understand that many of the VCM and EDC production 

facilities are co-located with various chemical production facilities and may share 

incineration control systems. Tests may be conducted on an emission point from 

combined streams. You are not required to isolate the vent streams from only VCM and 

EDC processes for these tests. You are required to report which processes were 

operating during the time emissions testing was conducted. 

Each test should be comprised of a minimum of three valid runs (see sample 

volumes or times in Table 1.2). All compound concentrations must be corrected to 3-

percent oxygen and must be reported on a dry basis. Report the results ofthe stack tests 

according to the instructions in Section 2.0 ofthis enclosure. The following operational 

data must be submitted: 

• Production rate (e.g., lb/hour) of all process units contributing to the emissions 

source. 

• Values for the incineration control system's operational parameters, including, as 

appropriate to the specific control device, flow rates, pressure drop, scrubbing 

liquid pH, scrubbing liquid flow, sorbent type and sorbent injection rate, 

temperature, pressure, etc. Include values for all parameters required to be 

monitored by a regulation or permit requirement. 

• For incineration units (e.g., thermal oxidizers), heat input, fuel composition, and 

feed rate of fuel and waste gas flow rate into the unit during testing; and 

• A description of each control device used in series with the final control device 

and the operating parameters for these control devices. 

For copies ofthe recommended U.S. EPA methods and additional information, 

please refer to EPA's Emission Measurement Center website: 

http://www.epa.gov/ttn/emc/. For copies ofthe recommended U.S. EPA SW-846 

methods, please refer to EPA's SW-846 Online website: 

http ://www.epa. gov/waste/hazard/testmethods/sw846/index.htm. 

We believe that the CAA is clear that it is incumbent on the source and the tester 

to apply methods and procedures resulting in data quality necessary for those decisions, 

including providing for the lowest possible detection limits considering practical and 

VCM-EDC Test Procedures Memo -Page 3 

03/11/11 
Enclosure 2 

reasonable limitations. For example, source owners and testers should not automatically 

choose to use low or medium quality equipment for testing (e.g., for cost reasons) if high 

quality equipment is reasonably available. We will review test reports in light of this 

expectation and will be particularly mindful of whether the testing procedures applied are 

representative of the highest reasonably expected capabilities (e.g., comparing reported 

minimum measurement detection levels between tests and testers). If we believe that a 

source owner or tester has failed to meet the requirement of the CAA to provide data 

sufficient for decisions, we can and will request additional measurements requiring the 

use of improved testing procedures. 

All performance test reports must contain a statement signed by a responsible 

official that the performance tests were conducted during normal operations and that the 

performance tests and data are true, accurate, and complete. 

Table 1.2: Summary of Vinyl Chloride Monomer and Ethylene Dichloride Incineration 

Control System Outlet Emissions Measurement Methods and Alternative Methods 

Dioxins/Furans 

a minimum sample time of 1 hour 

per run and a nominal detection 

level ofless than 50 bv. 

U.S. EPA Method 23. Collect a 

minimum volume of 5 cubic 

meters per run. Use high 

resolution GC/ high resolution 

mass spectrometry for the 

anal ical finish. 

SW-846 Method 0023A 

with analysis via 8290A. 

Collect a minimum volume 

of 5 cubic meters per run. 

ng/dscm@3% 

02 

1 To properly quantifY vinyl chloride at levels near the required nominal detection limit, you must use 

lower calibration standards than specified in Section 7.2.3 and 10 of Method 106. 2

Dioxin/furan congeners 

2,3,7,8- tetrachlorinateddibenzodioxin 

I ,2,3, 7, 8- pentachlorinateddibenzodioxin 

1,2 ,3 ,4, 7 ,8-hexachlorinateddibenzodioxin 

1 ,2,3,6, 7 ,8-hexachlorinateddibenzodioxin 

1 ,2,3, 7 ,8, 9-hexachlorinateddibenzodioxin 

1 ,2,3,4,6,7,8-heptachlorinateddibenzodioxin 

octachlorinateddibenzodioxin (OCDD) 

2,3, 7,8- tetrachlorinateddibenzofuran 

1 ,2,3, 7 ,8-pentachlorinateddibenzofuran 

2,3 ,4, 7 ,8-pentachlorinateddibenzofuran 

1,2,3,4, 7,8-hexachlorinateddibenzofuran 

1 ,2,3 ,6, 7 ,8-hexachlorinateddibenzofuran 

2,3 ,4,6, 7 ,8-hexachlorinateddibenzofuran 

1 ,2,3, 7,8,9-hexachlorinateddibenzofuran 

1 ,2,3,4,6,7,8-heptachlorinateddibenzofuran 

1 ,2,3 ,4, 7 ,8,9-heptachlorinateddibenzofuran 

octachlorinateddibenzofuran (OCPF) 

VCM-EDC Test Procedures Memo -Page 4 

03/11111 
Total 

Hydrocarbons 

Moisture 

minimum sampling time of 1 

hour per run. Calibrate the 

measuring instrument with 

propane. The low level and high 

level calibration gases (see 

sections 7.1.3 and 7.1.5 of 

Method 25A) must bracket the 

measured concentrations or a 

maximum high level calibration 

gas (see section 7.1.5 ofMethod 

25A) of 10 ppm propane must be 

used. 

U.S. EPA Method 3A. Sampling U.S. EPA Method 3B 

must be performed during all 

ollutant testin . 

U.S. EPA Method 4. Sampling None 

must be performed during all 

ollutant testin . 

Enclosure 2 

% 

% 

Flowrate U.S. EPA Method 2. Sampling None Dscf 

must be performed during all 

ollutant testin . 

2.0 Reporting Test Data 

You must report the results of this test in the VCM/EDC Emissions Test Data 

Excel file provided on the VCM/EDC website. All operating and stack gas parameters 

and test data will be reported on one worksheet. If you are claiming the production rate 

as confidential business information (CBI), please submit both a CBI and non-CBI 

version of the emissions test data. After completing the worksheet, you must also submit 

an electronic copy of the emission test report, including all raw data (PDF format 

preferred). 

3.0 Data Submission Procedures 

To avoid duplicate data and to keep all data for a particular facility together, we 

request that you submit all ofthe data requested from your facility in the same way. You 

may submit your data using one of the following options: 

• E-mail an electronic copy of all requested files that are not CBI to rcgvcm@epa.gov; or 

• Mail a CD or DVD containing an electronic copy of all requested files to the EPA 

address shown in your CAA section 114letter. If no electronic copy is available, 

VCM-EDC Test Procedures Memo- Page 5 

03/11111 
Enclosure 2 

mail a hard copy of all requested files to the EPA address shown in your CAA 

section 114letter. 

• If you are submitting CBI as described in Enclosure 3, then this information must 

be mailed to EPA on a CD-ROM or DVD-ROM disk to the EPA address shown 

in your CAA section 114 letter. 

4.0 Contact Information for Questions 

For questions on the test methods contact: 

Jason DeWees (U.S. EPA) 

919-541-9724 

dewees.jason@epa. gov 

or 

Barrett Parker (U.S. EPA) 

919-541-5635 

parker. barrett@epa. gov 

For questions on the vinyl chloride monomer and ethylene dichloride production 

section 114 survey or testing requirements contact: 

Jodi Howard (U.S. EPA) 

919.541.4607 

howard.jodi@epa.gov 

VCM-EDC Test Procedures Memo - Page 6 

03/11/11 
EPA's Information Gathering Authority 

Under Section 114 of the Clean Air Act 

Enclosure 3 

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

Protection Agency broad authority to secure information needed "for the purpose of (i) developing or 

assisting in the development of any implementation plan under Section I I 0 or 111 (d), any standard of 

performance under Section 111, or any emission standard under Section I12, (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." Amount other things, Section 114 authorizes EPA to make inspections, conduct 

tests, examine records, and require owners or operators of emission sources to submit information 

reasonably required for the purpose of developing such standards. In addition, the EPA Office of 

General Counsel has interpreted Section 114 to include authority to photograph or require submission of 

photographs of pertinent equipment, emissions, or both. 

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

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

confidential. Information obtained under Section 114 and covered by such a request will ordinarily be 

released to the public only if EPA determines that the information is not entitled to confidential 

treatment. 1 Procedures to be used for making confidentiality determinations, substantive criteria to be 

used in such determinations, and special rules governing information obtained under Section I14 are set 

forth in 40 CFR Part 2 published in the Federal Register on September I, 1976 ( 40 FR 36902). 

Pursuant to§ 2.204(a) of EPA's Freedom oflnformation Act (FOIA) regulation, in the event a 

request is received, or it is determined that a request is likely to be received, or EPA desires to determine 

whether business information in its possession is entitled to confidential treatment even though no 

request for release Of the 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: 

I. Measures taken by your company to guard against undesired disclosure of the 

information to others; 

2. The extent to which the information has been disclosed to others, and the precautions 

taken in connection therewith; 

3. Pertinent confidentiality determinations, if any, by EPA or other Federal agencies, and a 

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

4. Whether your company asserts that disclosure of the information would be likely to 

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

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

explanation ofthe causal relationship between disclosure and such harmful effects. 

1

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). 

Enclosure 4 

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

[AD-FRL-3906-3] 

Disclosure of Emission Data Claimed as 

Confidential Under Sections I 10 and I 14(c) 

of the Clean Air Act 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of policy on public release 

of certain emission data submitted under 

sections 110 and 114(c) of the Clean Air Act 

(CAA). 

SUMMARY: Section 114(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 110 and 114(a) of the CAA 

are emission data, and, as such, cannot be 

withheld from disclosure as confidential 

pursuant to section 1905 of title 18 of the 

United States Code. This notice clarifies 

EPA's current policy, and solicits comment 

regarding that policy and categories of data 

which it considers excluded from a trade 

secret definition. 

DATES: Written comments pertaining to this 

notice are requested by April22, 1991. 

ADDRESSES: Submit comments to: Nancy 

D. Riley, U.S. Environmental Protection 

Agency, Emission Standards Division, 

Pollutant Assessment Branch (MD-13), 

Research Triangle Park, NC 27711. 

FOR FURTHER INFORMATION 

CONTACT: Timothy Mohin (telephone: 

(919) 541-5349 commerciai/FTS 629-5349) 

or Karen Blanchard (telephone: (919) 541-

5503 commercial/FTS 629-5503), Pollutant 

Assessment Branch (MD-13), Emission 

Standards Division; or Thomas Rosendahl 

(telephone: (919) 541-5404 commercial/FTS 

629-5404), National Air Data Branch 

(MD-14), Technical Support Division; 

U.S. Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711. 

SUPPLEMENTARY INFORMATION: The 

EPA routinely uses the authority of sections 

110 and 114(a) of the CAA to gather 

technical information from industries 

involved in operations that lead to emission 

of pollutants to the ambient air. This 

information 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 II 0 

and 114(a) ofthe CAA typically include 

questions on uncontrolled and controlled 

emission rates and em iss ion parameters of 

the pollutant or group of pollutants of 

concern. The respondents sometimes claim 

that its response constitutes trade secret 

information, and thus, should be treated as 

confidential. Claims of confidentiality may 

be made under section 114(c) of the CAA, 

which states "* * * upon a showing 

satisfactory to the Administrator by any 

person that records, reports, or information, 

or a particular part thereof, (other than 

emission data) to which the Administrator 

has access under this section if made public, 

would divulge methods or processes entitled 

to protection as trade secrets of such person, 

the Administrator shall consider such * * * 

confidential in accordance with the purposes 

of section 1905 oftitle 18 of the United 

States Code* * *." If the Administrator so 

dctcrm ines, the information is not 

disclosable to the public. 

However, section 114(c) ofthe CAA 

provides that information claimed to be a 

trade secret but which constitutes emission 

data may not be withheld as confidential. 

Although typically the EPA evaluates 

whether information constitutes emission 

data on a case-by-case basis, it believes that 

some kinds of data will always constitute 

emission data within the meaning of section 

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 qualif'y as confidential 

under either section 114( c) or section II 0 (as 

set forth in 41 CFR 51.321, 5 1,322, and 

5 1.323) ofthe CAA. The EPA is issuing tl1is 

notice to clarif'y its policy and procedures, to 

facilitate tl1e use of these data in automated 

data systems and computer-based simulation 

models, and to expedite processing of claims 

for confidentiality or requests for disclosure. 

The EPA presently determines that data 

submitted to it as emission data does not 

qualif'y as confidential if it meets the 

following definition under 40 CFR 

2.30 I ( a)(2)(i): 

a. Definitions. For the purpose of this 

section, (I) Act means the Clean Air Act, as 

amended, 42 U.S.C. 7401 etseq. (2)(i) 

Emission data means, with reference to any 

source of emission of any substance into the 

air-

(A) Information necessary to determine 

the identity, amount, frequency, 

concentration, or other characteristics (to the 

extend related to air quality) of any emission 

which has been emitted by the source (or of 

any pollutant resulting from any emission by 

the source), or any combination of the 

foregoing: 

(B) Information necessary to determine 

the identity, amount, frequency, 

concentration, or other characteristics (to the 

extent related to air quality) of the emission 

which, under an applicable standard or 

limitation, the source was authorized to emit 

(including, to the extent necessary for such 

purposes, a description of the manner or rate 

of operation of the source), or any 

combination of the foregoing. 

(C) A general description of the location 

and/or nature of the source to the extent 

necessary to identifY the source and to 

distinguish it from other sources (including, 

to the extent necessary for such purposes, a 

description of the device, installation, or 

operation constituting the source). 

The table below lists the specific data 

fields which the EPA presently considers to 

constitute emission data and provides a brief 

description of what each data field describes. 

The descriptions are intended to provide 

general information. This list is not 

exhaustive, and, therefore, other data might 

be found, in a proper case, to constitute 

emission data. 

Emission Data Fields 

Facility Identification: The following data 

fields are needed to establish the identity and 

location of emission sources. This shall also 

include a description or an identifier of the 

device, installation, or operation constituting 

the source. These data are used to locate 

sources for dispersion evaluation and 

exposure modeling. 

Plant Name and related point identifiers 

Address 

City 

County 

AQCR (Air Quality Control Region) 

MSA, PMSA, CMSA (Metropolitan 

Statistical Areas) 

State 

Zip Code 

Ownership and point of contact information 

Locational Identifiers: 

Latitude & Longitude, or UTM Grid 

Coordinates 

SIC (Standard Industrial Classification) 

Emission point, device or operation 

description information 

SCC (Source Classification Codes) 
Federal Register I Vol 56. No. 35 I Thursday, February 21, 1991 I Notices 7043 

Emission Parameters: The following data 

fields are needed to establish the 

characteristics of the emissions. This 

information is needed for the analyses of 

dispersion and potential control equipment. 

Emission type 

(e.g., nature of emissions such as C02), 

particulate or a specific toxic 

compound, and origin of emissions 

such as process vents, storage tanks or 

equipment leaks) 

Emission rate 

(e.g., the amount released to the 

atmosphere over time such as kg/yr or 

lbs/yr) 

Release height 

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

pollutant is emitted to 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) 

Stack or vent diameter at point of emissions 

(e.g., the inside diameter of vent at the 

point of emission to the atmosphere in 

meters) 

Release velocity 

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

Release temperature 

(e.g., temperature of release at point of 

release in degrees Kelvin) 

Frequency of release 

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

per year) 

Duration of release 

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

the atmosphere) 

Concentration 

(e.g., the amount of an emission stream 

constituent relative to other stream 

constituents expressed as parts per 

million (ppm), volume percent, or 

weight percent) 

Density of the emissions stream or average 

molecular weight 

(e.g., density expressed as fraction or 

multiple of the density of air: molecular 

weight in gig-mole) 

Boiler or process design capacity 

(e.g., the gross heating value of fuel input 

to a boiler at its maximum design rate) 

Emission estimation method 

(e.g., the method by which an emission 

estimate has been calculated such as 

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

Percent space heat 

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

heating) 

Hourly maximum design rate 

(e.g., the greatest operating rate that would 

be expected for a source in a l-hour 

period) 

The EPA has determined that these data 

are emission data and releasable upon 

request. This determination applies to data 

currently held by EPA as well a~ to 

information submitted to EPA in the future. 

Future requests for information under 

sections 110 and !!4 of the CAA will 

indicate that these emission data will not be 

held confidential. This determination applies 

only to the data listed in the table. 

Determinations will continue to be made on 

a case-by-case basis for data not specified in 

this generic determination. 

After consideration of comments on this 

policy, a revised policy/determination may 

be published. 

Dated: February 8, I 991. 

Michael Shapiro. 

Acting Assistant Administrator for Air and 

Radiation. 

[FRDoc. 9!-4114 Filed2-20-9!: 8:45am] 
UNITED STATES ENVIRONMENTAl PROTECTION AGENCY 

RESEARCH TRIANGLE PARK, NC 27711 

DESIGNATION OF AUTHORIZED REPRESENTATIVE 

Enclosure 5 

OFFICE OF 

AIR QUALITY PLANNING 

AND STANDARDS 

FOR STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES 

(SECTION 111), NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS (SECTION 112), SOLID WASTE COMBUSTION (SECTION 129), 

AND FEDERAL OZONE MEASURES (SECTION 183) 

Under EPA contract EPD07064, Eastern Research Group, ERG (prime 

contractor) and Research Triangle Institute (RTI), Alpha-Gamma, EngineeringEnvironmental Management (E2M) and lnnovar Environmental Incorporated 

(subcontractors) are hereby designated Authorized Representatives of the Administrator 

of the United States Environmental Protection Agency for the purpose of assisting in the 

development of standards of performance for new stationary sources under 42 U.S.C. 

7411, national emission standards for hazardous air pollutants under 42 U.S.C. 7412, 

solid waste combustion under 42 U.S.C. 7429, and Federal ozone measures under 42 

U.S.C. 7511 (b). 

This designation is made pursuant to the Clean Air Act, 42 U.S.C. 7414. The 

United States Code provides that, upon presentation of this credential, the Authorized 

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

premises in which an emission source is located or in which records required to be 

maintained under 42 U.S.C. 7414 (a) (1) are located and (2) may at reasonable times have 

access to and copy any records, inspect any monitoring equipment or method required 

under 42 U.S.C. 7414 (a) (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 CPR 2.301 (h) (41 FR 36912, 

September 1, 1976). 

Designation Expires: November 30, 2011 d1i:t::l: f'§ 

Director, OAQPS/SPPD 

Recycled/Recyclable • Printed w~h Vegetable Oil Based Inks on 100% Recycled Paper (40% Postconsumer) 
1. Purpose 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

RESEARCH TRIANGLE PARK, NC 27711 

January 2002 

Summary of Procedures for 

Safeguarding Clean Air Act 

Confidential Business Information 

Enclosure 6 

OFFICE OF 

AIR QUALITY PLANNING 

AND STANDARDS 

This memorandum describes U.S. Environmental Protection Agency (EPA), Office of 

Air Quality Planning and Standards (OAQPS) policy and procedures set forth for the handling of 

information claimed as Confidential Business Information (CBI), whether submitted voluntarily 

or obtained under Section 114 of the Clean Air Act (CAA), and governed by EPA regulations in 

40 Code of Federal Regulations (CFR), Part 2, Subpart B, and other EPA regulations and 

policies. 

2. Reference Documents: 

a. Clean Air Act, as amended. 

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

c. EPA Information Security Manual. 

d. Clean Air Act Confidential Business Information Security Manual (January 2002). 

3. Exception: 

This document was prepared as a summary of data gathering and handling procedures 

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

being in conflict with any applicable regulations, statutes, or policies to which EPA is subject. 

4. Definition: 

Confidential Business Information - Information claimed by the provider to be 

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

administrative secret, company secret, secret proprietary, privileged, administrative confidential, 

company confidential, confidential proprietary, or proprietary. NOTE: These markings should 

not be confused with the classification markings of national security information identified in 

Executive Order 11652. 

Internet Address (URL) • http://www.epa.gov 

Recycled/Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 25% Postconsumer} 
2 

5. Background 

Section 114 (c) of the CAA, 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 information, or particular part thereof (other than emission data), to which the 

Administrator has access under this section if made public, would divulge methods or processes 

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

record, report, or information or particular portion thereof confidential in accordance with the 

purposes of Section 1905 of Title 18 of the United States Code, except that such record, report, 

or information may be disclosed to other officers, employees, or authorized representatives of the 

United States concerned with carrying out this Act or when relevant in any proceeding under this 

Act." 

The treatment ofCBI by EPA, including data obtained under Section 114 of the CAA, is 

governed by 40 CFR Part 2. These regulations require EPA offices to include a notice with each 

request for information to inform the business of: ( 1) its right to assert a claim of confidentiality 

covering part or all of the information, (2) the method for asserting a claim~ and (3) the effect of 

failure to assert a claim at time of submission. In addition, the regulations: (1) set forth 

procedures for the safeguarding of confidential information, (2) contain provisions for providing 

confidential information to authorize representatives, (3) contain provisions for the release of 

information to the Congress, Comptroller General, other Federal agencies, State and local 

governments, and Courts, (4) permit the disclosure of information within EPA to employees with 

an official need for the information, and (5) prohibit wrongful use of such information and cite 

penalties for wrongful disclosure. Further, the regulations contain the Agency's basic rule 

concerning the treatment of requests for information under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552). 

6. Procedures: 

a. Request for Information. 

Each request for information made under the provisions of Section 114(a) is signed by 

the Division Director. The request includes standard enclosure "EPA's Information Gathering 

Authority under Section 114 of the Clean Air Act" which was designed to meet the requirement 

of 40 CFR Part 2 discussed above. 

b. Receipt of CAA CBI. 

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

OAQPS Document Control Officer (DCO) logs in the material and a permanent file is 

established. If part of the material is claimed to be confidential, that portion should be marked 

"Subject to Confidentiality Claim." In compliance with Sections 2.204 and 2.208 of 40 CFR 

Part 2, the Group Leader responsible for the requested information reviews the information to 
3 

determine the validity of the confidentiality claim as prescribed by the sections. If the 

information is clearly not confidential, the Group Leader prepares a letter for the signature of the 

responsible Division Director to notify the business of this finding. Information claimed as 

confidential is hand carried to the OAQPS CBI Office to be logged into the OAQPS CAA CBI 

tracking system and filed for safekeeping. The OAQPS CAA CBI tracking system provides a 

brief description of the material (submitter, subject, number of pages, etc.), identifies it with the 

correct project number or work assignment number, and lists those persons who are authorized to 

have access to the information. A record of personnel accessing the information (Attachment A) 

is also kept on filed. By regulation, confidential information must be so marked or designated by 

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

uniformly indicated and immediately observable. All unmarked or undesignated information 

(except as noted below) may be authorized for public release. 

c. Storage of CAA CBI. 

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

according to the instructions listed in the OAQPS Security Manual. In addition, the CBI storage 

area that has been identified specifically for that purpose is equipped with a supplementary 

locking device. The storage area and files are under the direct control of the OAQPS DCO. 

Access to the storage area is limited to the DCO, Document Control Assistant, and the 

minimum number of persons required to effectively maintain normal business operations as 

directed by the Director, Planning, Resources, and Regional Management Staff (PRRMS). 

Files may be issued upon confirmation that the requesting individual is authorized to 

receive the information. All confidential files must be returned no later than close of business on 

the same day. The intended user must sign the CBI Control Record when checking out files. 

Individuals signing out confidential files are responsible for their safekeeping. Files must 

never be left unattended. The information must not be disclosed to any non-authorized 

personnel. 

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

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

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

notation is made in the file's control record and transfer log indicating what information was 

transmitted, the date, and the recipient. The authorized representative returns a signed receipt to 

theDCO. 

d. Access to CAA CBI. 

Only authorized EPA employees may open or distribute CAA CBI. 
4 

Only employees who require, have a need to know, 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 Group Leader having primary responsibility for the CAA CBI provides a 

memorandum to the DCO designating those personnel authorized to access specific CBI. No 

, person is automatically entitled to access based solely on grade, position, or security clearance. 

The names of persons granted access to CAA CBI are placed on the CAA CBI access list. The 

CAA CBI access list 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. As authorized representatives, contractors may be granted access to 

CAA CBI. The following conditions apply when it has been determined that disclosure is 

necessary: 

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

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

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

prior written approval of each affected business or of an EPA legal office, and (c) must return to 

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

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

(2) The authorized contractor designated as a representative must obtain a written 

confidentiality agreement from each of its employees who Will have access to the information. A 

copy of each employee agreement (Attachment B) must be furnished to EPA before access is 

permitted. 

(3) The contractor designated as an authorized representative must agree that the 

conditions in the contract concerning the use and disclosure of CAA CBI are included for the 

benefit of, and shall be enforceable by, both EPA and any affected business having a proprietary 

interest in the information. 

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

employees only upon approval of the Director, PRRMS. 

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

Courts, etc., are processed in accordance with 40 CFR Part 2, Subpart B. 

Requests under the FOIA are handled in accordance with 40 CFR Part 2, Subpart A. The 

FOIA 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. 
5 

e. Use and Disclosure ofCAA CBI. 

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

memoranda, etc., that become a part of the public domain, except as provided for in 40 CFR Part 

2, Subpart B. The CAA CBI may not be summarized without the approval of the Group Leader 

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

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

original confidential material. Documents, materials, or extracts of information generated by 

EPA which contain CAA CBI must be stamped "Subject to Confidentiality Claim" and a cover 

sheet must be attached to identifY the material as CBI. 

f. Handling of Other Information. 

Reports, memoranda, documents, etc., prepared by EPA or its authorized representatives 

are not normally circulated outside EPA for comment or review prior to publication except in 

such cases as described in section 6 above. However, because industrial-data-gathering visits, 

plant inspections, and source testing can involve inadvertent receipt of CAA CBI, it is the policy 

of OAQPS to protect all parties involved in the following manner: 

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

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

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

is usually provided to the industry official being consulted. 

(2) Following an inspection, ~isit, or test, a trip report is prepared to include, as 

practicable, all information received by EPA or its authorized representative during the visit or 

test. The report may be prepared by either EPA or its authorized representative. The draft report 

is clearly identified with an attached yellow cover sheet. A second copy of the 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, clearly mark any information considered 

to be confidential, and return the edited copy to the responsible EPA employee within the time 

specified. The original draft is kept in the CBI file until the edited copy is returned by the 

business firm. 

(3) When the reviewed copy is returned to EPA, information designated confidential is 

placed in the CBI files as described above. The original draft of the trip report is edited to delete 

the confidential information and the trip report is authorized for release. 

Attachments (2) 
CAA CBI Security Manual (Appendix H) 

CAA CONFIDENTIAL BUSINESS INFORMATION 

CONTROL RECORD 

DATE RECEIVED: RESPONSIBLE GROUP: I CONTROL NUMBER: 

DATE OF DOCUMENT: DOCUMENT AUTHOR: 

DESCRIPTION (PROVIDING ORGANIZATION, TITLE, SUBJECT, NUMBER OF COPIES, NUMBER OF PAGES) 

RETURN DATE: I DESTRUCTION DATE: !INITIALS: 

EACH PERSON WHO IS GIVEN ACCESS TO THIS DOCUMENT MUST FILL IN THE INFORMATION BELOW. 

CHECK-OUT CHECK-IN 

SIGNATURE DATE TIME SIGNATURE DATE TIME 

CAA Form 1 (Rev. 01/02) 

H-2 
CAA CBi Security Manual (Appendix A) 

I. AUTHORIZATION FOR ACCESS TO CAA CBI FOR FEDERAL EMPLOYEES 

FULL NAME POSITION 

SSN OFFICE 

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 Federal Employees 

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

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

SIGNATURE OF AUTHORIZING OFFICIAL* TELEPHONE NO. DATE 

TITLE LOCATION 

II. CONFIDENTIALITY AGREEMENT FOR FEDERAL EMPLOYEES 

I understand that, in accordance with my official duties, I will have access to certain Confidential Business 

Information submitted under the Clean Air Act (CAA) (42 U.S.C. 7401 et seq.) 

I understand that, under 18 U.S.C. 1905 and 18 U.S.C 1924I am liable for a possible fine of up to $1,000 and/or 

imprisonment for up to one year, ifl willfully disclose CAA Confidential Business Information to any person not 

authorized to receive it. Additionally, I understand that, I may be subject to disciplinary action for violation of 

this agreement with penalties ranging up to and including dismissal. 

I am aware that, I may be subject to criminal penalties under 18 U.S.C. 1001 ifi have made any statement of 

material facts knowing that such statement is false or if I willfully conceal any material fact. 

I agree that, upon the termination of my duties, transfer or departure from the Environmental Protection Agency, 

I will return all materials containing CAA Confidential Business Information in my possession to the OAQPS 

CBI Office. 

I certify that I have read and understand these procedures and those outlined in the CAA CBI Security Manual. 

SIGNATURE TELEPHONE NO. DATE 

III. THE UNDERSIGNED CERTIFIES THE ALL TRAINING AND TEST 

REQUIREMENTS HAVE BEEN MET BY THE EMPLOYEE. 

SIGNATURE CBI MANAGER/DCO TELEPHONE NO. DATE 

IV. ANNUAL RE-CERTIFICATION: I certify that, in conjunction with my duties, I require access to 

CAA CBI. I am current with all CBI handling procedures and security guidelines as outlined in the CCA CBI 

Security Manual. 

Date Date Date Date Date Date 

Initial Initial Initial Initial Initial Initial 

Date Date Date Date Date Date 

Initial Initial Inital Initial Initial Initial . . CAA CBI From 2 (Rev. 01/02) *Must be DIVlston Director (or equivalent) or above . 

A-1