### June 25, 2015
Brent Tracy 

### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY RESEARCH TRIANGLE PARK, NC 27711

Johns Manville Corporation 717 17th 

### Street Denver, Colorado 80202 Dear Mr. Tracy: Pursuant to section 114 ofthe Clean Air Act (CAA), the U.S. Environmental Protection Agency (EPA) is requesting that you provide the information described inEnclosure 1to this letter. This Information Collection Request (ICR) is being conducted by the EPA Office ofAir and Radiation to assist the EPA Administrator in conducting her review obligations pursuant to CAA sections 112(d)(2) and 112(d)(3) with respect to the wool fiberglass manufacturing source category. The EPA understands that your company, Johns Manville Corporation, owns and operates wool fiberglass manufacturing facilities (NAICS code 327993). On June 14, 1999, the EPA issued National Emission Standards for Hazardous Air Pollutants (NESHAP) for wool fiberglass manufacturing (40 CFRpart 63, subpart NNN) under section 112 ofthe CAA. These standards set emission limits for formaldehyde and regulated phenol and methanol using formaldehyde as surrogate. The EPA has beenreviewing the MACT limits for formaldehyde, methanol, and phenol, which are emitted from wool fiberglass bonded lines using phenol/formaldehyde resin binders. The 2010 industry voluntary survey provided information on emissions ofthese pollutants from bonded lines. However, we have subsequently learned that the use ofphenol/formaldehyde binders has mostly been discontinued on rotary spin (RS) lines, butthat at least one RS line using phenol/formaldehyde resin still operates within each wool fiberglass company. The EPA proposed emission limits for RS lines inNovember 2011, April 2013, and November 2014, but did not finalize these emission limits 

### in the fmal rule due to the noted changes in the industry since the time the data were first collected. As required under CAA sections 112(d)(2) and 112(d)(3), the EPA must establish MACT standards for each emittedpollutant from each ofthe listed source categories. Therefore, we are issuing another CAA section 114 ICRto collect additional emissions data for the selected emission sources specified in Enclosure 1. This CAA section 114 ICR is divided into two parts. Part I requests information on all RS lines operated by your company that manufacture any wool fiberglass building insulation using a phenol/formaldehyde binder, the binder formulations, the end products and all control device information. Part II ofthis ICR will require source testing at all RS lines producing a wool fiberglass product with a phenol/formaldehyde binder. Part I is enclosed with this letter. Because the emission test methods to be

### 2 

### used at wool fiberglass facilities are under discussion at this time, and because Part II relies on your responses to Part I, it will follow this letter within 60
.days. The information contained inPart I ofthis ICRis information we believe is readily available at each wool fiberglass facility, and you do not need to commence new emissions testing activities to provide the information in Part I in a timely manner to the EPA. As such, we are requesting you return Part I of this ICRto us within 30 days from the postmark date ofthis letter. Part II will include the timeline for submitting responses to Part II and instructions for completing that part. The EPA is requesting that you provide the information described in this letter and Enclosure 1 for each ofyour wool fiberglass manufacturing facility to the applicable addresses. Ifa facility is part of another company or is separately incorporated as a subsidiary or affiliate ofyour company, do not complete any ofthese enclosures for that facility. Instead, please notify us immediately ofthis fact. The EPA's legal authority to obtain the information requested in the survey is contained in Section 114 ofthe CAA, as amended (42 U.S.C. §7414). Enclosure 2 contains a summary ofthis authority. Ifyou believe that disclosure ofany specific information that you submit would reveal a trade secret, clearly identify such specific information as confidential. Please do not label an entire response "confidential" if only certainportions consist oftrade secret information. Refer to Enclosure 2 for the informationthe EPA mayrequire, 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. Ifno claim of confidentiality accompanies the information when it is received bythe EPA, the information may be made available to the public bythe EPA without further notice (40 CFR §2.203(a)(2)). See 40 CFRpart 2, subpart B, for the EPA's regulations regarding the confidentiality ofbusiness information. Because section 114(c) ofthe CAA exempts emission data from claims ofconfidentiality, the emission data you provide may bemade available to the public. A clarification ofwhatthe EPA considers to be emission data is contained in Enclosure 3. We have contracted Eastern Research Group (ERG) (EPA Contract No. EP-W-12-006) to help us gather information about your wool fiberglass manufacturing operations, conduct the survey and analyze the survey data, sampling results, and emissions test results. As noted in Enclosure 4, we have designated ERGto be our authorized representatives. Therefore, ERG has the same rights discussed above and in Enclosure 2. This means that ERG will have access to all information provided to us in your completed Part I ofthis survey; as well as sampling results and emissions test results provided to us inresponse to Part II ofthis survey. As a designated representative ofthe Agency, ERG is subject to the provisions of 42 U.S.C. §7414(c) respecting confidentiality ofmethods or processes entitled to protection as trade secrets. Enclosure 5 summarizes our policies and procedures for handling trade secret (confidential) information and describes how our contractor also is required to use the same procedures as we do. Because our contractors or other authorized representatives are required to follow the requirements inEnclosure 5, we believe that we can ensure your rights and protect any privileged information you submit to us.

### 3 

### Please mail the completed non-confidential survey response on CD-ROM or DVD-ROM disk to the address below. U.S. EPA Office ofAir Quality Planning and Standards Sector Policies and Program Division, Metals and Minerals Group Mail Code D243-02 Attn: Ms. Susan Fairchild 109 T.W. Alexander Ddye Research Tr iangle Park**NC ~**  

## ill

# r.;-. Ifyou would prefer, you may electronically subrrrlt to the following Wool Fiberglass ICR Website: http://projects.erg.com/woolfiberglass/. Ifyou choose to access and use the website, enter the following user ID and password information when prompted: User ID: fiberglass Password: 2015Survey Ifyou are submitting confidential business information (CBI) as described in Enclosure 2, then this information must be mailed to the EPA on CD-ROM or DVD-ROM disk under separate cover to the attention ofMs. Katrina Chambers at the address below. Clearly mark the disk and/or the materials with the words "Confidential Business Information" and send either via U.S. Postal Service Express Mail, registered mail, orprivate courier to: U.S. Environmental Protection Agency Office ofAir Quality Planning and Standards U.S. EPA Mailroom (C404-02) Attn: Ms. Katrina Chambers, Document Control Officer (Project 481) 109 T.W. Alexander Drive Research Triangle Park, NC 27711 Additionally, ifyou are submitting CBI on CD-ROM or DVD-ROM disk, you must also submit a nonCBI version ofyour survey response to the mailing address listed above. DO NOT SEND CONFIDENTIAL BUSINESS INFORMATION TO THE EPA BY EMAIL ORFAX MACHINE OR TO THE WEBSITE.4 

### Ifyou have questions regarding this request, please contactMs. Susan Fairchild, Metals and Minerals Group, at (919) 541-5167 or fairchild.susan@epa.gov. Please return to Ms. Fairchild the completed surveyresponse to Part I ofthe survey by August 20,2015. Thank you for your assistance inthis effort. Sincerely, 

# ·.u
T .. .

# ~ct

smgotls Director Sector Policies and Programs Division Enclosures: Enclosure 1: Part I ofthe Wool Fiberglass Survey Enclosure 2: EPA's information gathering authority (section 114 ofthe CAA) Enclosure 3: Clarification ofwhat EPA considers to be emissions data Enclosure 4: Summary ofcontractor's authority asrepresentative ofEPA Enclosure 5: Procedures for safeguarding CBI under the CAA

cc: EPA Regions

# Enclosure 1: RS Line Data for Part I Ofthe Section 114 ICRResponse

### PART I: ROTARY SPIN (RS) LINE QUESTIONNAIRE Section 1.1: Facilities ManufacturingWool Fiberglass Product Using a PhenolFormaldehyde Binder For each wool fiberglass manufacturing facility operated by your company, please provide the name and address ofeach facility that operates an RS line that is permitted to produce a wool fiberglass building insulation product using a phenol/fmmaldehyde binder and provide an identification for each RS line. [Insert additional rows in the table as necessary.] Facifity Facility Mailing R$Line @ompany Name Facility N'ame

**Facili~** €lty State

**Addre**
**S.S i**  lD



### Section 1.2: RS Line Process Information For each RS line identified in Section 1.1 above, please provide the process information requested in the table below. [Insert additional rows in the table as necessary.]



## . Annual Product Production Den ity Fre'e Formaldehyde Recommended US Line Product 'Rate (Specify Prod,uctLOl (Specify Content OfResin Product End lD 

### Name Units) (,%) Units) {SpecifyUnits)

**Us~ $)** 

### Section 1.3: Control Device(s) on RS Lines For each RS line identified in Section 1.2, please describe all control device(s) used to reduce emissions from the line, the target pollutant(s), pollutant-specific control device efficiency, and the basis for the efficiency estimate (e.g., vendor specification, test data). [Insert additional columns in the table as necessary.] Also, please provide a schematic showing the RS line emissions points and the control device(s) used to reduce emissions from those points.

ControlDevice 1D Con.trol Device De
. $Cl!iption 

### RS 'Line. ID(s),Vented to

### t he CoofroJ Device Pollutant(s) Controlled 

### by Device Pollutant !Specific ContFol E'fficiency BasiSl'oJr€o11t i:ol Efficiency, Paramefer(s)Monitored ro Ass-e.! s ConttoJDev.ice ()pe1·ation :Qate CQntrolDeviceJils' taUed on

**~** Line

# Enclosure 2: EPA's Information Gathering AuthorityEPA 1s Information Gathering Authority Under Section 114 ofthe 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 "forthe purpose of(i) developing or assisting in the development ofany implementation plan under Section 110or Ill{ d), any standard ofperformance under Section 111, or any emission standard under Section 112, (ii)determining whether any person is in violation ofany sucll standard ofany requirement ofsuch a plan. or (Hi) carrying out any provision ofthis Act." Among other things, Section 114 authorizes EPA to make inspections, conduct tests, eKamine records, and require owners or operators ofemission sources to submit information reasonably required for the pUJpose ofdeveloping such standards. In addition, the EPA Office ofGeneral Counsel has interpreted Section 114 to include authorityto photograph orrequire submission ofphotographs ofpertinent equipment, emissions, or both. Under Section 114, EPA is empowered to obtain information described bythat section even ifyou 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 tothe public only ifEPA determines that the information is not entitled to confidential treatment. 1 Proce'liures to be used for making confidentiality determinations, substantive criteria to be 11sed in such determinations, and special rules governing information obtained under Section 114 are set forth in40 CFR Part 2 published in the Federal Register on September 1, 1976 (40 FR 36902). Pursuant to§ 2.204(a) ofEPA's Freedom ofInformation Act (FOIA) regulation, in tile event a request is received, or it is determined that a request is likely to be received, orEPA desires to determine whether business information in its possession is entitled to confidential 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) ofEPA'sFOIA regulations: 1. Measures taken by your company to guard against undesired disclosure ofthe information to others; 2. The eKtent to which the information has been disclosed to others, and the precautions taken in connection therewith; 3. Pertinent confidentiality determinations, ifany, by EPA or otherFederal agencies, and a copy ofany such detenninations, or reference to it, ifavailable; and 4. Whether your company asserts that disclosure ofthe information would be likely to result in substantial hannful effects on the business' competitive position, and ifso, 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 ofall emission data and authorizes disclosure ofconfidential information in certain circumstances. See 40FR 36902 • 36912 (September 1, 1976).

# Enclosure 3: Clarification ofWhat EPA Considers Emissions DataFederal Register I Vol. 56 No. 35/Thursday, February 21, 1991/Notlces Page7042 {AD-FRL
-3906-31 Disclosure ofEmission Data Claimed as Confidential Under Sections 110 and Il4(c) ofthe Clean AirAct AGENCY: Environmental Protection Agency {EPA). ACTION: Notice ofpolicy on public release ofcertain emission data submitted under sections 110 and 114(c) ofthe Clean AirAct (CAA)
.
SUMMARY: Section ll4(c) ofthe CAA excludes cmia£ion data from the general definition of trade secret information. Certain classes ofdata submitted to the EPA under sections ll0 and 

### tt4(a) ofthe CAA are emission data, and, as such, cannot be withheld from disclosure as

**~onfidenlial pursu~Wt**  to section 1905 oftitle 18 ofthe United States Code. TI1is notice clarifies EPNs current policy, and sCIIicits comment regarding that policy and categories ofdata which it consiJers elCcJuded from a trade

**s~ret** definition. DATES: Written comments pertaining to this notice are requested by April 22, 1991
. ADDRESSES: Submit comments to: Nancy D. Riley, U
.S. Environmental Protection Agency, Emission StllndiU'ds Division, Pollutant Assessment Branch (MD-13), Rest:arch Triangle Park, NC 27711. FOR FURTHER INf'ORMATION CONTACT: 

### Timothy Mohin (telephone: (919) 54l-5349 commerciai/FfS 629-5349) or Karen Blanchard (telephone: (919) 541-5503 commercial/FTS 629-5503), Pollutant Assessment Branch (MD· I3); Emission Standards Division: or Thomas Rosendahl (telephone: {919) 541-5404 commcrciaiiFTS 629--5404), National Air Data Branch (MD-14), Technical Support Division: U.S. Environmental

**Prot~tion** Agency,

**Rese~~tch** Triangle Park, North Carolina 27711. SUPPLEMENTARY INFORMATION: The EPA routinely uses the authority ofsections II0 and 114{a) ofthe CAA to gather technical infonnation 

### from industries involved in oporation.s that lead to emission ofpollutants to the ambient air. This information has been used, among other things, to better characterize emitting facilities and ro evaluate the need for and impacts of potential regulation.

(Page 1 of5)Federal Rqister I Vol. 

## So No. 351 TJaunday, February

## .n, 1991/Notice.s Page 7042 (Continued) lnformation I""!Ue&ts under sections llO and 114(a) ofthe CAA typjcally include ques.tions on uncontrolled 

### and conLrolled emission rates and

**cmi~ion** parwnc&ers ofthe pollutant or group ofpolJutants ofconcern. The respondents sometimes 

### claim that its response constitutes trade secret information, and thus; should betreated as confidential. Cliiims ofconfidentiality may be

### made under section 114(c) 

### ofthe CAA, which states: "• • • upon a showing satisfactory to the Administrator byany 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 orprocesses entitled to protection as trade secrets ofsuch person, the Administrator shall considersuch • • • confidential in accordancewith

**tlu~** purposes 1>fsection 1'905 oftitle 18 ofthe United S
. tatcs Code • • •." Ifthe Administrator so dctennines, the infunnation is notdisclbsa.ble to the public. However, section 114(cJ ofthe CAA provides that inlonnation claimed tobe a trade accret but which constitutes emission data may not be withheld 

### as confidential. Although 

### typically the BPA evaluates whether information constitutes emission data on a case-by·case b££i&, it belitves that s:omc kinds ofdata will always constitute emission datil within the meaning ofsection ll4(c). The purpose,ofthisnoticeistodesoribe, without attempting to be comprehensive, that infonnation which the EPA generally

**~nsiders** to be emission data, and which cannot qualifY as confidential under eithtr section ll4(c) or

**~tion** 110 (as set fortb in 40 CFR51.3ll, 51.322 and 51.323) ofthe CAA. The EPA is issuing this notice to clarify its policy and procedures, to facilitate the use ofthese dala in automated data systems and computer-based simulation models. and to expediteprocessing ofclaims for confidentialityorrequests for disclosure. The EPA presently determines that data submitted to it as emission data does not qualify as confirlential ifitmeels the following definition under 40 CFR 2.301 (a){2)(i):

a. Definitions. For the purpose ofthis section: (l)Actmeans the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. (2)(i) Emi.ssioll data mea:Ju, with reference

.to 

### any source of emission ofany substance into the air--- (A} Jnfonnation necessary to determine the identity, amount, frequency, concentration, or othercharacteristics (to the extent related to air quality) ofcmy emission which has been emitted bythe source (or ofanypollutant resulting from any emission bythe source), or any combination ofthe foregoing: {B) Information necessary to determine the identity, amount, frequency, concentration, or other

**characteristi~** (to

**th~** c:xtentrelatedto air quality) ofthe emission which, under an applicable standard or limitation, the source was authorized 1Q emit (Jncluding, to the extent
(Page 2 ofS)FederalRegiUer I Vol. 56No. 35I Thursday, Fd>ru1u-y ll, 1991/Notices Paxe 7041 (Contbuled) necessary for such purposes, a description ofthe manner or rate ofoperation ofthe solli'CO), or any combination ofthe foregoing; (C) A general description oftbe location and/ornatl,lre ofthe souroo l.o theextent neceasary to identify the source and to distill8uish it fi'om other**source~** 

### (inecluding, to 

### the extent 

### necessary for such pul'poses, 

### ade:;cription oflhedevice, installation, or operation constituting the 

### source). Thetable below lists the specific data fields which the EPApresently considers to constitute emission data and provides a briefdescription ofwhat each data field describes. The**de~criptions** are intended to provide general infonnation. This list isnot exhaustive and, therefore, otherdata might be found, in apropQr case, to constitute emisliion data. Emission Data Fields Facility Identification:**Th~** following data fields are needed to establiii!h theIdentity and location ofemission sou!<les, this shall also include a description oran identifier ofthe device, installation, oroperation constituHng the source. These data are used to locate sources for dispersion evaluation and**~xposure** modeling. Plant Name and related point identifiers Ac.idress City County AQCR (Air Quality Control Region) MSA, PMSA. CMSA**(M~troPQlitan** Statlslical AKa$) 

### State Zip Code Ownership andpoint ofcontact infonnation Locational Identifier&: Latitude nnd Longitude, or UTM Grid Coordinates SIC (Standard Industrial Classification) Emission point, device or operation description, information SCC (Source Classification Codes} Emissions Parameters: The foUowing datafields arc needed to establish the churacieristics ofthe emissions.**Thi~** infom1ation is needed for the analyses ofdispersion and potential control equipment. (Page 3 of5)Federal Register I VoJ. 56 No. 351 Tbt.rJday, February

**~1,** 1991/Nutices Page7042 (Contillued) Emission type (e.g.• nature of emissions such as C03). particulaLe or a specific toxic compoUJld. and origin ofemissions such as process vents, storugc tanks 

### orequipment leaks) Emission rate End ofPa1e7042 Page7043 (e.g., the amountreleased to the atmosphere over time such ns kglyr or lbslhr) Release height (e.g., height above ground level wheze the poJJutant is emitted to the atmosphere) Description ofterrain and surrounding structures (e.g., the size

# orthe area associated with adjacent structures in square meters and terrain descriptions such asmountainous, urban, or rural) Stackor vent diameter at point of emissions (e.g,, the inside

**diamet~r** ofvent lltthe point ofemission to the wnoaphere in meters) Release velocity (e.g., velocity ofrelease in mlsec) Release temperature (e.g., temperature ofrelelllle at point ofrelease in degrees Kelvin) Frequency ofrelease (e.g., how often a release occurs in events per year) Duration ofrelease (e.g" the time associated with a release to tbe atmoiphere) Concentration {e.g., the amount ofan emission slrea.m constituent relative to other stream constituents expressed llS part& per miUion (ppm), volume percent, or weight percent) Density ofthe emissions stream or average molecuiW" weight (e.g., density expressed as fraction or multiple ofthe density ofair; molecularweight in

**~g·mole)** Boiler or process design capacity (e.g., tnc gross

**b~ting** value offuel 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, u&e ofAP-42 emission factors. etc.)

**P~:rcent** space heat (e.g., the percent offuel used for

**~ace** healing) Hourly maximum design

**rat~:** (Page4 ofS)Federal

**Re~lster** I Vol. 56 No. lSITbunda:y, February ll, l9!li/Notices Page 7o.43 (Cootiautd} (e.g., the greatest operating rate that wouid be expocted for asource in a 1-hourperiod) The EPA has detemtinod that tbe&e dat-a
. are emission data and releasable up<>n request. Thisdet.cnninadon applies to data 

### currently held by EPA as well as to information submitted to EPA in the future. · Future requests for infrumatiDn under sections) 10 aud 114 ofthe CAA will indicate that these emission data will not be held confidential. This determination applies only to the data liU«i in thetable. Delenninations will continue to be made on a case-by.casebasis for data not specified in this generic determinuion. Afterconsideration ofcommcmls on this policy, a n:vised policy/determination may be published. Dated: February 8. 1991. Michael Shapiro, ActingAssistantAdmini.rtrator forAirandRadiation. [FR Doc. 91-4114 Filed 2-20-91; 8:45am]

(?agt: 5of5)

# Enclosure 4: Summary ofContractor's Authority as Representative OftheEPAUNITED STATES ENVIRONMENTAl. PROTECTION AGENCY RESEARCH TRIANGl.EPARK, NC 27.711

OFFICE OF AIR QUALITY PI.ANNJNG AND DESIGNATION OF AUTHORIZED REPRESENTATIVE STANoMos FOR STANDARDS OF PERFORMANCE FOR NEW STA110NARY SOURCES (SEC110N I I 1), NATIONAL EMISSION STANDARDS FOR HAZARDOUS AlR POLLLTANTS (SECTION I 12).SOLID WASTE COMBUSTION (SECTION 129), AND FEDERAL OZONE MEASURES (SECTION 183) UnderEPA contract EPD12(lOJ EC/R, (prime contractor) Research Triangle Institute, Eastern Research Group, Inc., MACTEC, ICF International, SRA International, BCS Incorporated, Fncrgy Strategies, LLC, Alpha Gamma Technologies, Inc., Clark Allen, and Mary Jo Caldwell, (subcontractors) are hereby designated Authorized Representatives ofthe Administratorofthe United States Environmental Protection Agency for the purpose ofassisting in the development ofstandards ofperfonnance for new stationary sources under 42 U.S.C. 741 I, national emission standards for hazardous air pollutants under 42 U.S.C. 7412, soli<! waste combustion under 42 U.S.C. 7429, and Federal ozone measures under 42 U.S.C. 7511 (b). This designation is made pursuantto the Clean Air Act, 42 U.S.C. 7414. The United States Code provides that, upon presentation ofthis credential, the Authorized Representatives named herein: (I) shall have arightofentry t(), upon, or through any premises in which an emission source is located or in which records required to be maintained under42 U.S.C. 7414 (a)(I) are located and (2) may at reasonable times have access to and copy any records, inspectany monitoring equipment or method required under42 U.S.C. 7414 (a}(l },and sample any emissions that the ()woer or operator ofsuch source is required to san1plc. Authorized Representatives ofthe Administrator are subject to the provisions of 42 U.S.C. 7414 (c) respecting confidentialityofmethods or processes entitled to protection as tmde secrets, as implementect by40CFR 2.301 (h)(41 FR36912, September I, 1976). Date: 

### 12/20/11 Enclosure+

# Enclosure 5: Procedures for Safeguarding CBI Under the CAA

### January 2002



# Summary ofProcedures for Safeguarding Clean AirAct Confidential Business Information Enclosure 

### '5

This memorandum describes U.S. Envirorunental 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 lnfonnation 

### (CBI), whether submitted voluntarily or obtained under Section 114 ofthe Clean Air Act (CAA). and governed by EPA regulations in 40 Code ofFederal Regulations (CFR), Part 2, SubpartB, 

### and other EPA regulations and policies. 2. Reference

### Documents:

a. Clean AirAct, 

### as amended. b. 40 CPR, Chapter 1, Part 2, Subpart B • Confidentiality ofBusiness 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 ofdata 

### gathering and handling 

### procedures used by the 

### OAQPS of

### the 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 providerto be confidential. This information may be identified with such titles as trade secret, secret, administrative secret, company secret, secretproprietary, privileged, administrativeconfidential, company confidential, confidential proprietacy, orproprietary. NOTE: These markings should not beconfused with the classification markings 

### ofnational security 

### information identified in Executive 

### Order 11652.2
5. Background 

### Section 114 (-c) 

### oftheCAA, as amended, reads as follows: "Anyrecords, reports, orinformation obtained under subsection (a) 

### shall be available to the public, 

### except that upon 

### a showing satisfactoryto the Administrator by any person that records, reports, orinfonnation, or particularpart 

### thereof(other 

### than emission data), to which the Administrator has access under thls section if

### made public, would divulge methods or processes entitled to protection as trade secrets ofsuch person, the Administrator shall consider such record, report, orinformation orparticularportion thereofconfidential in accordance with the purposes ofSection 1905 ofTitle 18 oftheUnited States Code, except that such record, report, or information may

### be disclosed to other officers, employees, orauthorized representatives ofthe United 

### States concerned with canying out 

### this Act or when relevant 

### in any proceeding under this Act." The treatment ofCBI by EPA, including data obtained under Section 114 ofthe CAA, is governedby 40 CFRPart 2
. These regulations require EPA offices to inch.tde a notice with each request for information to inform the business of: (l) 

### its right to assert a claim ofconfidentiality covering part

### orall ofthe information, (2)the method for asserting a claim, and (3) the effect of failure to assert a claim at time ofsubmission. ln addition. the regulations: (l) set forth procedures for the safeguarding ofconfidential information, (2) contain provisions for providing confidential information to authorize representatives, (3) contain provisions for therelease of information to the Congress, Comptroller General, otherFederal agencies, State and local governments, and Courts, (4) permit thedisclosure ofinformation within EPA to employees with an official need for the infonnation, 

### and (5)prohibitwrongful use ofsuch infonnation and cite penalties for wrongful disclosure; Further, the regulations contain the Agency's basic rule concerning the treatmentofrequests for information lmder the Freedom ofInformation Act (FOIA) (5 

### U
.S
.C
. 552). 6. P•·ocedures:


### a. Request for Infonnation. Each request for information made under theprovisions ofSection 114(a) is signed by the Division Director. The request includes standard enclosure "EPA's Information Gathering Authority under Section 114 ofthe Clean AirAct" which was designed to meet the requirement of40 CFR Part 2 discussed above. b. Receipt ofCAA CBI. Upon receipt ofinformation for which confidential treatment has been requested, the OAQPS Document Control Officer (DCO) logs inthe material and a pennanent file is established

. Ifpart ofthe material is claimed to be confidential, thatportion should be marked "Subject to 

### Confidentiality Claim
." In compliance with Sections 2.204 and 2.208 of40 CFR Part 2, the Group Leaderresponsible for therequested information reviews the information to determine the validity ofthe confidentiality claim as prescribed by

### the sections. If the infonnation is 

### clearly not confidential, the Group Leaderprepares a letter for the signature of3
the responsible Division Directorto notifY thebusiness ofthis 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 CAACBI tracking system provides 

### a briefdescription ofthe material (submitter, subject, number ofpages, 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 ofpersonnel accessing the information (Attaclunent A) 

### is also kept on filed
. By regulation, confidential information 

### mustbe 

### so marked or designated by the originator. The EPA takes additional measures to ensure that theproprietary designation is uniformly indicated and immediately observable. 

### All unmarked orundesignated information (except as noted below) may be authorized for public release.

c. Storcage ofCAA CBI. Folders, documents, ormaterial containing CAA CBI (as defined) shallbe secured according to the instructions listed in the OAQPS Security Manual. In addition, the CBI storage area that has been identified

**specifi~ally** for thatpurpose is equipped with a supplementary locking device
. The storage area and files are under the direct control ofthe OAQPS DCO
. Access to the storage area is limited to theDCO, Document Control Assistant, and the minimum number ofpersons required to effectively maintain normal business operations as directed by the Director, Planning. Resources, andRegional Management Staff(PRRMS). Files may be
. issued uponconfinnation that the requesting individual is authorized to receive the infonnation. Allconfidential files must bereturned no later 

### than close ofbusiness on the same day. The intended user must sign theCBI Control Record when checking out files
. Individuals signing out confidential files are responsible for their safekeeping
. Files must neverbe left unattended. The information must not be disclosed to any

**non authorized**  personnel. Storage procedures for CAA CBI by an authorized representative ofEPA (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 inthe file's control record and transfer log indicating what infonnationwas transmitted, the date,
.and the recipient. The authorized representative returns a signed receiptto theDCO. d
. Access to CAA CBI. Only authorized EPA employees may open or distribute CAA CBI. Only employees whorequire, have a need to
. know, and are authorized access to CAA CBI in the performance oftheir official duties are permitted to review documents and, upon receiving a confidential doc\lment, 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. No4


### person is automatically entitledto 

### access based solely on grade, position, or security clearance. The names ofpersons granted access to CAA CHI areplaced on theCAA CHI access list. The CAA CHI access list indicates the "specific" CBI each person is permittedto see. The access list 

### isreviewed and 

### updated periodically. Companies under contract to 

### performwork for the EPA may be designated authorized representatives ofEP A. As authorized representatives, contractors may be granted access to CAA CHI. The following conditions apply when ithas been determined that disclosure is 

### necessary: (I) 

### The contractor designated as a representative and its employees (a) may use such confidential information only for the purpose ofcarrying outthework required, (b) mustrefrain from disclosing the information to anyone other than EPA without having received from EPA prior written approval ofeach affected business or ofan EPA legal office, and (c) must return to 

### EPA all copies oftheinformation (and any 

### abstracts or excerpts there from) upon request or whenever 

### the information 

### is no longer

### required for 

### the performance ofthe work. (2) The authorized contractor-designated as a representative must obtain a written confidentiality agreement from each ofits employees who 

### will have access to the information. A copy of

### each employee agreement 

### (Attaclunent B) mustbe 

### furnished to EPA before access is pennitted. (3) The contractor designated as an authorized representative

### must agree 

### that the conditions in 

### the contract concerning the use and disclosure ofCAA CBI are 

### included for 

### the benefit of, and shall beenforceable by, both EPA and any affected business having a proprietary interest in the 

### information. Infonnation may be released to or accessed by EPA employees other than OAQPS employees only upon approval ofthe Director, PRRMS. Requests for CAA CHI from other Federal agencies, Congress, the ComptrollerGeneral, Courts, etc., are processed in accordance with 40 

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

### The FOIA Coordinator must be consultedpriorto responding to 

### anyrequest for information if

### a claim ofconfidentiality has been asserted or if

### there is reason to believe that a claim might be made if

### the business 

### knew release was intended.
e. Use and Disclosure ofCAA CBI. The CAA CHI, as defmed, may not be used in publications, supporting documentation, memoranda, etc., that become apart ofthe public domain, except as provided for in 40 CPR Part 2, Subpart B. The CAA CBl may notbe 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. Documents, materials, orextracts ofinformation 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. 

# ..5

f. 

### Handling

- ofOtherInformation. Reports, memoranda, documents, etc., prepared by EPA orits authorized representatives are notnormally circulated outside EPAfor comment or reviewprior to 

### publication except 

### in suchcases as described 

### in section 6 above. However, because industrial-data-gathering visits, plant inspections, 

### and source testing caninvolveinadvertentreceipt ofCAA CBI, it is the policy of

### OAQPS to protect all

### parties involvedin the- following manner: (l) 

### Priorto 

### or at the 

### inception ofa plant

### inspection, data-gathering visit, or source test, EPA orits 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 ofthis summary isusually provided to the industry official being consulted. (2) Following an inspection, 

### visit, ortest, a trip

- report is prepared to include, as practicable, all information received by

### EPA orits au- thoriZed representative during the visitor test. The report may beprepared by either EPA or its authorized representative. The draftreport is 

### clearly identified 

### with an attached yellow cover sheet. A second copy 

### ofthe draft trip report is -forwarded byEPA to the responsible industry official for review. Theresponsible industry official is requested by cover letter to reviewthereport, clearly mark any informationconsidered to 

### be confidential, and return the edited copy 

### to theresponsible 

### 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 re

_ tumed to EPA, information designated confidential is placed intheCBI files as deScribed above. The original draft 

### ofthe trip report is edited to delete the confidential information and the trip report is authorized for 

### release. Attachments (2)

# Enclosure 5- Attachment A Example Record Form for CBI Access

### CAA CONFIDENTIAL BUSINESS INFORMATION CONTROL RECORD DATE RECEIVED: RESPONS.IBLE GROUP: 

# I CONTROL NUMSER:
DATE OF DOCUMENT: DOCUMENT AUTHOR:
DESCRIPTION (PROVIDJNG ORGANIZATION, TITLE, SUBJECT, NUMBER OF COPIES, NUMBER OF PAGES)

RETURN DATE: 

# IDESTRUCTION DATE: 

# I 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 '



## ..

I

CAA Fonn 1 (Rev. 01102)

# Enclosure 5-Attachment B Example Authorization Form for CBI AccessCAA CBI Security Manual (Appendix A) I. AUTHORIZATIONFORACCESS TOCAA CBIFORFEDERAL EMPLOYEES FULL NAME POSITION SSN OFFICE It is the responsibility ofeach Authorizing Official* to ensure that the employees under his/her
. supervision who require access to CAA CST: 1. Sign the Confidentiality Agreement for Federal Employees 2. Are futly 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• TELEPHONB NO. DATE
TITL-E LOCATION II. CONFIDENTIALITYAGREEMENT FOR FEDERAL EMPLOYEES 

# . runderstand that, in accordance with my official duties, 1will have access to certain Confidential Business Information submitted under the Clean AirAct (CAA) (42 U.S
.C. 7401 et seq.) I understand that, under 18 lJ
.S.C. 1905 and 18 U.S.C 19241 am liable for a possible fine ofup to $1,000 11nd/or imprisonment for up to one year, ifl willfully disclose CAA Confidential Business lnfonnation 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 lJ.S.C. lO.O I ifI have made any statement of material facts knowing that such statement is false or ifIwillfully conceal any material fact. I agree that, upon the termination ofmy duties, tnmsfer or departure from the Environmental Protection Agency, I will return all materials containing CAA Confidential Business lnformation in my possession to the OAQPS CBI Office
. Icertify that Ihave read and understand these procedures and those outlined in the CAA CBI Security Manual.
SIGNATURE TELEPHONE NO. DATE 

# ..
III.THE UNDERSIGNED CERTIFIES THE ALL TRAININGAND TEST REQUIREMENTS HAVE BEEN MET BY THE EMPLOYEE.
SIGNATURE CBJ MANAGER/DCC TELEPHONE NO. DATE IV. ANNUAL RE-CERTIFICATION: Jcertify that, in conjunction with my duties, 1require access to CAA CBI. I am current with all CBI handling procedures and security guidelines liS outlined in the CCA CBJ Security Manual.
Date Date Date Date Date Date Initial Initial Initial Initial Initial Initial Date Date Date Date Date Date lnitiai Initial !nita! Initial Initial Initial

.. 

### .... 

## . . CAA CBJ From 2 (Rev. 0 1102) • Must be DIVISion Director (or equtvalent) or above
. A·I