OAR Box 1500 

Prepped by Ollie Stewart 

Document Number: 

13) ll-C-39 

Docket Number: 

A-94-52 

Printed 8/5/2008 1:51:27 PM Sheet 13 of 343 

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•' . A-94-52 

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 s'% UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

I -^£ 7 1 Office of Air Quality Planning and Standards 

\ ^|< / ' Research Triangle Park, North Carolina 27711 

JUL I 5 I996 

Mr. Robert Leitzman 

Plant Manager 

Cytec Industries 

12600 Ackel Road 

Perrysburg, Ohio 43551 

Dear Mr. Leitzman: 

This letter is to confirm a visit to the Cytec facility 

located in Perrysburg, Ohio, by representatives of the U.S. 

Environmental Protection Agency (EPA) on Wednesday, July 25, 

1996. Visitors will include Dr. Madeleine Strum of the EPA, and 

Dr. Kenneth Meardon and Ms. Melanie Proctor of Pacific 

Environmental Services, Inc. (PES). The visit was discussed 

during a telephone conversation between you and Ms. Proctor on 

June 26, 1996. 

As you know, the EPA has undertaken a program to develop 

national emission standards for hazardous air pollutants for 

reinforced plastic composites production under Section 112 of the 

Clean Air Act (Act), as amended November 1990. As part of this 

activity, we have been gathering information on composites 

processes and associated air pollution control measures for some 

time. Due to your experience with source reduction techniques at 

Cytec, your facility is of great importance for determining 

maximum achievable control technology for the manufacture of bulk 

molding compound (BMC). A visit to your facility would assist^^us 

in assessing, feasible emission reduction measures and the 

variability in BMC processes. 

The types of information we would like to discuss with you 

during the site visit are detailed in Enclosure 1, and include 

the following: 
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1. Description of the plant itself - size, hours of 

operation, layout of production processes, types and market 

position of products manufactured, and production rate; 

2. Detailed description of the BMC processes, including 

the equipment used, types of resins, and machine parameters; 

*> 

3. Experience with emission reduction techniques used to 

limit emissions from the BMC processes, including estimate 

of effectiveness (percent of emission reduction); 

4. Experiences with enclosing new and retrofitting 

existing mixing tanks and recycling evaporative styrene 

emission losses back to the mixer; and 

5. Available cost information concerning the emission 

reduction techniques discussed under item 3. 

Enclosure 1 is an outline of the site visit checklist that 

EPA and PES will use during the site visit. Please note that 

some of the questions may be modified as we learn more about your 

operations. 

Most of the information on the checklist will be obtained 

during the discussions at the facility. However, some of the 

information may have to be retrieved from your files in advance 

of the visit. We request that you read through the checklist and 

attempt to provide as much of the information as possible for the 

EPA representatives when they arrive at the plant. 

The authority for the EPA's information gathering is 

included in Section 114 of the Act (42 U.S.C..7414). Enclosure 2 

contains a summary of this authority. If you believe that 

disclosure of the information we request would reveal a trade 

secret, you should clearly identify such information as discussed 

in the enclosure. Any information subsequently determined to • 

constitute a trade secret will be protected under 18 U.S.C. 1905.

 v 

If no claim of confidentiality accompanies the information when 

it is received by the EPA, it may be made available to the public 

by the EPA without further notice (40 CFR Part 2.203, September 

1, 1976). Section 114 of the Act exempts emissions data from 
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claims of confidentiality and emissions data collected may be 

made available to the public. A clarification of what the EPA 

considers to be emissions data is contained in Enclosure 3. 

As noted in Enclosure 4, we have designated PES as an 

authorized representative of the EPA. Therefore, PES has the 

rights discussed above and in Enclosure 2. As an authorized 

representative of the EPA, PES is subject to the provisions of 42 

U.S.C. 7414 respecting-confidentiality of methods or processes 

entitled to protection as trade secrets. The PES contract with 

the EPA is No. 68-D1-0116. 

Enclosure 5 summarizes the EPA's policies and procedures for 

handling privileged information and describes EPA contractor 

commitments and procedures for using confidential materials. It 

is the EPA's policy that compliance by an authorized 

representative with the requirements detailed in Enclosure 4 

provides sufficient protection for the rights of submitters of 

privileged information. 

The following policies concerning liability should also beof interest to you:

 ; 

1. If a Federal employee is injured in the course of his 

or her employment, he or she has compensation coverage from the 

Government under the Federal Employees Compensation Act (5 U.S.C. 

8108 et seq.); and 

2. If, due to the employee's negligence, property damage 

or personal injury to third parties occurs, the Federal Tort 

Claim Act (28 U.S.C. 1346) provides a means of fixing any 

liability upon the Federal Government. 

The Office of General Counsel has informed the Agency that a 

firm may not condition the EPA's "righ't.of entry" upon consent ..to 

a waiver of liability and has instructed employees not to sign •* 

such waivers. If you have any questions regarding this refusal, \ 

please contact Mr. Adan Schwartz, Office of General Counsel, at 

(202) 260-7632. 

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If you have any questions regarding this request, please 

contact Dr. Madeleine Strum at (919) 541-2383. 

Sincerely, 

5 Enclosures 

Linda S. Herring 

Group Leader 

Coatings and Consumer Products 

M 
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Enclosure 1 

SITE VISIT - CYTEC COMPANY 

The EPA is attempting to determine the ways in which plastic 

composites manufacturing operations vary from one to another. 

We need to better understand the BMC process and the parameters 

that could affect the technical feasibility, of applying air 

emission controls. We understand that your facility has 

experience with enclosing mixing tanks and recycling evaporative 

styrene emission losses back to the mixer. The main purpose of 

our visit is to gain a better understanding of the source 

reduction techniques examined by Cytec, including their design 

and potential emission reduction. Further, we need to estimate 

the potential economic impact of air pollution controls on BMC 

operations. To help ensure that we cover all areas that may 

affect the feasibility of applying air pollution controls at 

facilities with BMC operations and their economic impacts, we 

have developed a detailed list of information that we would like 

to review with you during our visit. We have grouped this 

information into several major topic areas to help organize the 

material. 

GENERAL PLANT INFORMATION 

Size of business 

No. employees at facility 

Hazardous air pollutant (HAP) emissions at facility 

DESCRIPTION OF PRODUCTS 

Number and types of different products 

Production rate (annual) of each product produced 

Sizes of different products 

Market position of products produced 

PROCESS DESCRIPTIONS 

• 

Are there any planned changes to the BMC production 

process? For example, any planned process expansions 

or added production equipment? 

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BMC MACHINES 

Number of BMC machines 

Annual resin usage (by type) for each process and 

machine 

Please provide material safety data sheets (MSDS) for 

each resin type 

What is the quantity (annual) of other raw materials 

besides resin used (f<3r each process and machine) ? 

Filler 

Styrene monomer 

Methyl Methacrylate . 

Other additives (specify) 

Please provide MSDS sheets for each filler and other 

additives. (We do not need MSDS sheets for styrene 

monomer or methyl methacrylate.) 

For each machine: Layout of machine and dimensions of 

machine components. 

Data on emission rates in lb/hour or HAP emitted per lb 

HAP used in raw materials 

Have you made any changes in process or choice of 

materials that reduced emissions? 

RESIN MIXING AND HOLDING TANKS 

Number, size, and types of. mixers and holding tanks 

Range of size capacity of mixing tanks and mixing cycle 

Number of color changes (per day or per shift) 

Have you investigated the feasibility of various 

size/mixing times for which reduction techniques might 

be technically or economically feasible or not feasible 

and what were the results? 

Description of material transfer to and from mixers and 

holding tanks, and mixing process 

Extent of mixing tank covers, description of openings 

in covers, and when coversMor openings in covers) are 

open - ^ 

CLEANING 

Description of various cleaning processes (flushing 

tanks, wiping parts, hand wiping equipment, flushing 

pump, cold cleaning for small equipment parts, etc.) . 

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Types, quantities and.HAP contents of cleaning 

materials used for each process 

Have there been any changes in cleaning materials or 

planned changes? 

OTHER PROCESSES 

Any other processes at Cytec that may have HAP 

emissions other than B^IC operations? 

EMISSION REDUCTION TECHNIQUES 

What is Cytec's experience with the effectiveness of 

emission control techniques? What was the specific 

design criteria for the mixing tank enclosure and the 

styrene recycling lines that Cytec experimented with? 

Any changes to system planned? 

Problems experienced 

Why did Cytec investigate the emission reduction 

techniques described previously? 

Plant layout: distances between mixing tanks and BMC 

machines 

COST INFORMATION 

Capital costs and annual costs: 

Cost of mixing tank enclosure (new and retrofit) 

Cost of evaporative styrene recycling lines (new 

and retrofit) 

Do the emission control techniques that Cytec 

investigated reduce the quantity of styrene needed for 

BMC production? 

Raw material costs 

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Enclosure oL 

EPA's Information Gathering Authority 

Under Section 114 of the Clean Air Act 

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

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

development of any implementation plan under Section 110 or 111(d), any standard of performance under 

Section 111, or any emission standard under Section 112, (ii) detennining whether any person is in violation of 

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

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

owners or operators of emission sources to submit information reasonably required for tiie 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 tiiat EPA treat such information as confidential. 

Information obtained under Section 114 and covered by such a request will ordinarily be released to the public 

only if EPA determines that tiie infonnation is not entitled to confidential treatment* Procedures to be used for 

making confidentiality detenninations, substantive criteria to t>e used in such determinations, and special rules 

governing information obtained under Section 114 are set forth in 40 CFR Part 2 published in the Federal 

Register on September 1,1976 (40 FR 36902). 

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

received, or it is determined tiiat 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 ofthe 

infonnation has been received, please be advised tiiat EPA will seek, at tiiat time, the following information to 

support your claim as required by §2.204(eX4) of EPA's FOIA regulations: 

1. Measures taken by your company to guard against undesired disclosure ofthe information to others; 

2. The extent to which tiie infonnation 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. 

•Section 114 requires public avaiability of all emission data and authorizes diclosure of confidential 

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

(Rev. 12/8/95) 
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7fl42 

. ENCLOSURE *, _ 

Federal Register / VoL 56. No. 35 / Thursday. February 21. 1991 / Noticea 

Dated: February 14. \*n_ 

Paul Lapeley, 

Director. Rt^atory Management Dirision. 

(FR Doc 91-4113 Filed 2-20-91: •*« ami 

IAD-FRL-3308-J1 

Disclosure of Emission Oats Claimed 

as Confidential Under Section* 110 

and 114(c) of 3 M Cltan Air Act 

AOCNCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of policy oa public 

release of certain emission data 

submittal under sections UO and 114(c) 

of tha Qean Air Act (CAA). 

WMMARV: Section 114(c) of the CAA 

excludes emission data bom the general 

definition of trade secret information. 

Certain classes ot data submitted to the 

EPA under sections UO and 114(a) of the 

CAA are emission data. and. as such, 

cannnot 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 Gram a trade secret 

definition. 

DATES: Written comments pertaining to 

this notice are requested 4by April 22. 

1091. 

AaoMSSts: Submit comments to: Nancy 

D. Riley, U JS. Environmental Protection 

Agency. Emission Standards Division. 

Pollutant Assessment Branch (MD-13), 

Research Triangle Park. NC 27711. 

POS) PUMIMM INSOftsSATION CONTACT: 

Timothy tMolrfn (telephone: (919) 541-

5349 coaunerdal/FTS 829-6349) or 

ICaren Blanchard (telephone (919) 541-

5503 commerdal/FTS 829-6503), 

Pollutant Assessment Branch (MD-13). 

Emission Standards Division: or Thomas 

Roseodahl (telephone: (919) 541-5404 

commerdal/FTS 629-5404). National Air 

Date Branch (MD-14L Technical 

Support Division: UJ3. Environmental 

Protection Agency, Resesrch Triangle -

Park. Norm Carolina 27711. 

8UP9UMorr4urr mramuTtoscThe EPA 

routinely uses the authority of sections 

110 and 114(a) of tha CAA to gather 

technical information from industries 

involved ia 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 impacta of 

potential regulation. 

Information requests under sections 

UO and 114(a) cf the CAA typically 

i.iriude questions on uncontrolled and 

controlled emission rates and emission 

parameters of the pollutant or group of 

pollutants of concern. Tlie 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 

infonnation. or a particular part thereof, 

(other dun 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 of title 

18 of the United States Code • • *." If 

du Administrator ao determines, the 

Information Is not disdosable to the 

public. 

However, section 114(c) of du CAA 

provides diat information claimed to be 

a trade secret but which constitutes 

emission data may not be widmeld as 

confidentiaL Although typically the EPA 

evaluate whether information 

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

data will always constitute emission 

data within tha meaning of section 

114(c). The purpose oi this notice is to 

describe, without attempting to be 

coapteheasivs, that information which 

the EPA generally considers to be 

emission data, and which cannot qualify 

aa confidential under cither section 

114(c) or section UO {a* set forth In 40 

<TR5L321iSlJ22andSlJ23)oftha 

CAA. The EPA is issuing this notice to 

clarify its policy and procedures, to 

facilitate the use of diese da u in 

automated data systems and computerbased simulation models, sad to 

expedite processing of claims for 

confidentiality or requests for 

disclosure. 

The EPA presently detendaes tiiat 

data submitted to it aa emission data 

does not qualify as confidential If It 

meets die following definition, under 40 

CFR2401{a)(2)(l): 

a. Definitions. For tha purpose of this 

section: (1) Act means the Clean Air 

A c t as amended. 42 UJ3.C 7401 et seq. 

(2)(1) Emission data means, with 

reference to aay source of emission of 

any substance into the air— 

(A) Information necessary to 

determine the identity, amount, 

frequency, concentration, or odier 

characteristics (to die extent related to 

air quality) of any emission which has 

be<m emitted by die source (or of any 

pollutant resulting from any emission by 

die aource), or aay combination of die 

foregoing: 

(B) Information necessary to 

determine die identity, amount, 

frequency, concentration, or odier 

characteristics (to the extent related to 

air quality) of die emission which, under 

u applicable standard or limitation, die 

source was audiorixed to emit 

(including, to die extent necessary for 

such purposes, a descriptiea of the 

manner or rate of operation ot die 

source), or aay combination of die 

foregoing: 

(C) A general description of the 

location and/or nature of die aource to 

die extent necessary to identify die 

source and to distinguish it from other 

sources (iadudlag, to the extent 

necessary for sucn purposes, a 

description of die device, Installation, or 

operation constituting die source). 

The table below lists dia specific data 

fields which die EPA presentiy 

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 sad. dierefore, odier data 

might be found, la a proper case, to 

constitute emission data. 

iData Raids 

Fadlity identities: The following data 

fields are needed to establish the Identity and 

locatioa of emlssioo sources, this shall also 

Indude a descriptiea or an Identifier of the 

device, installatioa. or operation constituting 

ti» source. These dau are used to locate 

sources for dispersion evaluation and 

Plant Name and related point Identifiers 

Address 

City 

County 

AQCR (Air Quality Coated Region) 

IrfSA. PMSA. CMSA (Metropolitan Stadsticd 

Areas) 

Sute 

Zip Coda 

Ownership and point of contact Infonnation 

Location*! Identifiers: 

Latitat* A Longitude, er UTM Grid 

Cootdiaatao 

SIC (Standard Industrial Classification) 

Emission point device or operation 

description, loionaattoa 

SCC (Source CUttsiOcaUra Coda) 

fmt««iffi,« Parameters: TJjAfollowini daU 

fields are needed to establishCS 

characteristics of tits emissions. This 

Infonnatloa to needed for the andy'k* of 

dispersion and potential control equipment 

Emission type 

(e.g- nature of emlsslooa such as COi). 

particulaU or a specific toxic wmpouni 

and origin of emissions such as process 

vents, storsge Uaks or equipment leski) 

Emission rat* 

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

U4- the ataamt released to the 

atmosphere over time such es kg/yr or 

lbs/hr) 

Release height 

(e.g, height shore ground levd when the 

pollutant is emitted to the etaoephere) 

{Description of terrain end surrounding 

structures 

(e.g, the size of tha area assodated wiu 

adjacent structures in square meters and 

terrain descriptions such aa 

mouatainoua. urban, or run!) 

Suck or vent diameter at point of emissions 

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

point of emission to that atmosphere la 

meters) 

Release vdodty 

(eg, vdodty of release in m/eec) 

Release temperature 

(&g, temperature ef releas* at point of 

release in degrees Kelvin) 

Frequency of release 

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

per year) 

Iteration ef release 

(fcg, tits time assodated with a release to 

the atmosphere) 

Concentration 

(e-g, the emovnt of sa emission stream 

constituent relative to odier stream 

constituents expressed ss parts per 

million (ppm). volume percent or weight 

percent) 

Density of the emissions streaa or average 

molecular weight 

(eg, density expressed aa carton or 

multiple of the density of air: awlecular 

weight in g/g-oolt) 

Boiler or process dedga capadty 

(*«. tha gross heating vein* of ftial input to 

a boiler at its maxbnm design rate) 

Ffiitliwi estimation mediod 

(e.g, the method by which aa emissioa 

estimate has been catculsted such as 

materid balance, source test use of AP42 mission factor*, etc) 

Percent space heat 

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

heating) 

Hourly maximum design rates 

(eg, th* grestest operating tate thd would 

be expected for a source in a 1-hour 

period) 

The EPA has 4ietennined that these 

daU are emission data and releasabl* 

upon request This detenniaatioa 

applies to data currentiy hdd by EPA as 

well as to information submitted to EPA 

in the future. Future requests for 

information under sections UO sad 114 

of die CAA will indicate diat these 

emission data will not be held' 

confidentiaL This determination applies 

only to the data listed in die table. 

Determinations will continue to be made 

cn a case-by-case basis for daU not 

specified in this generic determination. 

After consideration of comments on 

this policy, a revised policy/ 

determination may be published. 

Dated: February 8, 19B1. 

NQchjMiSfcapira. 

Acting AssistoMAdtnmistratorfor Air and 

Radiation. 

(FR Doc 91-4114 Filed 2-S0-91:845 sm] 

(CP^2O0000A; FRL-3S79-*) 

Requt)srttoPropc4ala;Re«4sarchar>d 

Dewetorxnanton Antimicrobial Teat 

M.sitiodolegy and Statistical Support 

on ExTMrimantal Design and (Wa 

>«jurysle; Extension of Prcoossa' 

0«adl!n« 

AotNCv; Environmental .Protection 

Agency (EPAL 

ACTION: Extension of proposal deadline. 

«UMMAWV; This notice announces the 

extension of deadline for a Request for 

Proposal that published ia die Federal 

Register of December 0,1990. The 

Request for taposel waa published to 

solidt proposals which will result la the 

development of a reproducible, reliable, 

and statistically valid sporiddal teat 

mediod used to evaluate the efficacy of 

antimicrobial producU bearing sterilizer 

or sporiddal claims. Ia addition, 

proposals for statistical support to 

independeady evaluate die 

experimental designs of prefects sad to 

aaalyxe results from on-going test 

mediodology research were also 

solicited. " 

OATCS: Tha aew deadline for propotwl 

submission to the Agency la February 

28.1991. 

Det4«d: Februaiy u . 1991. 

Oa4iglMaCanist 

Director. Office of Pesticide Programs. 

[79. Doc 91-4120 Filed 2-39-91:8:43 sm. 

sumo coot < 

>*rae original and eight 

copies mast be sent to: Grants 

Operations Branch (PM-216F). 

Environmental Protection Agency. 401M 

S t, SW, Washington. DC 20480. One 

copy of the original must be sent to: 

Susan 4?arker. Registration Divisioa 

(H7S05C). Eavironmental Protection 

Agericy.40lMSt,SVV,2046a 

Application Kits may be obtained from: 

Grants Operations Branch (PM-216FL 

Environmental Protection Agency. 401M 

SU SW, Washington. DC 20480. or calk 

(202)382-5288. 

ro a nmTHKit INTOM-ATION CONTACT: 

Susan Parker. Registration Division 

(H7305C). Environmental Protection 

Agency. 401M SU SW, Washington. DC 

20460. Phone number: (703) 557-2141. 

su4*t>tsM'nrrAAY tMsomur^rc EPA 

issued a Request for Proposal In die 

Federal Register of December 8.1990 (55 

TR 503S3). The original submission 

deadline was January 30.1991: die new 

deadline for proposal submission is 

extended to February 28.1991. 

(OPP-1S0S41* FRL-3477-4I 

c^rnerg«<wy Exemptions 

AOCNCV: Environmental Protection 

Agency (EPAL 

AtCTWac Notice. 

SUMMARY: EPA haa granted spedfic 

exemptions for die control of V4irious 

pests to the seven States as listed below 

and oae by the United States 

Department of Agriculture. Four crisis 

exemptions were initiated, two by the 

• Florida Department of Consumer 

Service* and two by til* United States 

tepartment of Agriculture. These 

exemptions. Issued during die mondis of 

November and December, except for die 

one ia October, are subject to 

application and timing restrictions and 

reporting requirements designed to 

protect die environment to the maximum 

exteat possible. Infonnation on these 

restrictions is available from die contact 

persons la ETA listed below. 

DATSSSee each spedfic sad crisis 

exemption fbr its effective date. 

POM PUTTKCa BtFORtJATION CONTACT. 

See each emergency exemption for the 

name of the contact person. The 

following infonnation applies to all 

contact persona: By mail: Registration 

Dividoa (H7S0SCL Office of Pestidde 

Programs, Environmental Protection 

Agency. 401M SU SW, Washington. DC 

20460. Office location and telephone 

number: Rn. 718. CM #2.1921 Jefferson 

Davis Highway. Arlington, VA. (703-

557-1800). 

S^mjD4KNTARY mf*pfitlATION: EPA has 

granted specific exemptions to die: 

1. California Department of Food and 

Agriculture for the use of chlorothalosil 

on mushrooms to control verticillium 

diseases: November 14.1990. to 

November 13.199L (Susan Stanton) 

2. California Department.,of Food and 

Agriculture for die use of s.Ttunectin A 

on celery to control serpentine . 

leafminers: November 19.199a tG 

November 1& 1991. (Libby Pemberton) 

3. Califomia Department of Food and 

Agriculture for the use of methyl 

bromide on carrots to control 

nematodes: December 21.1990. to 

December 20.1991. (libby Pemberton] 

4. Idaho Department of Agriculture for 

the use of pendimeihalia on spearmuv. . 

and peppermint to control kochia an: -

0 
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Enclosure 4 

y*0,**x UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

| +&m&j s Office of Air Quality Planning and Standards 

\ -^IV- ? Research Triangle Park, North Carolina 27711 

DESIGNATION OF AUTHORIZED REPRESENTATIVE 

FOR STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES 

(SECTION 111) AND SOLID WASTE COMBUSTION (SECTION 129), 

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 

(SECTION 112), AND FEDERAL OZONE MEASURES (SECTION 183) 

Under contract 68D10116, Pacific Environmental Services 

(PES) is hereby designated an Authorized Representative of the 

Administrator of the United States Environmental Protection 

Agency for the purpose of assisting in the development of -

national emission standards for hazardous air pollutants under 

42 U.S.C. 7412, standards of performance under 42 U.S.C. 7411, 

and Federal ozone measures under 42 U.S.C. 7511 (b) . 

This designation is made pursuant to the Clean Air Act, 

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

presentation of this credential, the Authorized Representative 

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

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

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

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

and copy any records, inspect any monitoring equipment or method 

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

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

Authorized Representatives of the Administrator are 

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

confidentiality of methods or processes entitled to protection as 

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

September 1, 1976). 

Date: JUL 1 1 1995 

Designation iSxpires: August 1, 1996'.. 

Jj£)£h)S. Seitz J 

Director 

Office of Air Quality Planning 

and Standards 

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Enclosure. 5 

^ a sr«, 

Km} 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

i Office of Air Quality Planning and Standards 

Research Triangle Park. North Carolina 27711 

'"l PBO*0 

December 1995 

Summary of QAQPS 

Procedures for Safeguarding Clean Air Act (CA A) 

Confidential Business Information (CBI) 

1. PjlQlflSfi 

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

safeguarding of information that may be entitled to confidential treatment for reasons of business 

confidentiality by the OAQPS, Office of Air and Radiation, U.S. Environmental Protection 

Agency. 

2. Other Applicable Documents ' 

a. Clean Air Act as amended. 

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

c. EPA Security Manual, Part II, Chapters 8 and 9. 

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

edition). 

3. Exception; 

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

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

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

4. Definition; 

Confidential Business Information - Information claimed by the provider to be 

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

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

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

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

Executive Order 11652. 

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5. Packground 

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

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

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

Administrator by any person that records, reports, or information, or p«irticular 

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 sis trade secrets of such person, the Administrator shall consider such 

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

accordance with the purposes of Section 1905 of Title 18 ofthe United States 

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

officers, employees, or authorized representatives ofthe United States concerned 

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

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

Clean Air Act, is governed by Title 40, Part 2, ofthe Code of Federal Regulations. These 

regulations require EPA offices to include a notice with each request for information to inform the 

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

(2) the method for asserting a claim, and (3) the effect of 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 infonnation 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 infonnation; and 

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

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

infonnation under the Freedom of Information Act (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 ofthe Clean Air Act," which WJIS designed to meet the requirement 

of 40 CFR Part 2 discussed above. ^ 

V 

b. Receipt of CAA Confidential Business Information 

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

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

2 

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P.15 

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

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

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

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

information reviews the infonnation to determine whether it is likely to be confidential in contrast 

to being available in the open literature, whether h is emission data, and whether it likely provides 

its holder with a competitive advantage. If the infonnation is cleariyjioLconfidential, the Group 

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

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

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

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

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

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

information (Attachment A) is also filed with the folder containing the information. If CAA CBI 

is received fiom the owner via an authorized representative or a third party, the same procedure is 

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

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

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

uniformly indicated and immediately observable. All unmarked or undesignated information 

(except as noted below) is freely releasable. 

4 f* 

c. Storage of CAA Confidential Business Information 

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

minimum, in a combination-locked cabinet. Nonnal procedure is to secure this information is a 

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

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

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

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

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

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

conformance with the requirements ofthe EPA Security Manual. 

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

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

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

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

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

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

checked out. 

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P.16 

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

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

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

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

d. Access to CAA Confidential Business Information 

Only authorized EPA employees may open a distribute CAA CBI. 

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

their official duties are permitt«sd to review documents and, upon receiving a confidential 

document, must sign and date the form shown in Attachment A to certify their access to the 

document. 

The CBI files are controlled by the OD, ESD, and managed by an authorized federal 

employee. Access to the information is limited to those persons having a need to know in 

performing their official duties. 

The Group Leader having primary interest in the CAA CBI provides a memorandum for 

the record designating those personnel who are authorized to use CBI in a program under wtiich 

CBI can be requested. No person is automatically entitled to access based solely on grade, 

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

the Clean Air Act CBI access list, which indicates the "specific" CBI each person is permitted to 

see. The Access List is reviewed and updated periodically. 

Companies under contract to perform work for the EPA may be designated authorized 

representatives of EPA if such designation is necessary in order for the contractor to carry out the 

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

to CAA CBI by the Director, ESD. 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 infonnation 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 V 

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

return to EPA all copies ofthe information (and any abstracts or excerpts therefrom) upon 

request or whenever the information is no longer required for the performance ofthe work. 

4 
P.17 

(2) The authorized contractor designated as a representative must 

obtain a written agreement from each of its employees who will have access to the information. A 

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

permitted. 

(3) The contractor designated as an authorized representative must 

agree that the conditions in the contract concerning the use and disclosure of CAA CBI are 

included for the benefit of, and shall be enforceable by, both EPA and any affected business 

having a proprietary interest in the information,. 

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

employees only upon approval ofthe Director, ESD. 

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

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

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

2, Subpart A. The Freedom of Infonnation Act Coordinator must be consulted prior to 

responding to .any request for information if a claim of confidentiality lias been asserted or if there 

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

»» 

e. Use and Disclosure of CAA Confidential Business Information 

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

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

Subpart B. 

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

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

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

confidential material. 

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

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 Infonnation 

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

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

such cases as described above (6.d.3) wherein CBI is expressly included. However, because 

lb 
P.18 

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. 

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 infonnation 

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. 

*i 

Following an inspection, visit, 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 of that report is 

clearly identified, on an attached, colored cover sheet as "Confidential Pending Determination." 

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

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

mark any information considered to be confidential, and return the marked up-report to the 

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

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

When the reviewed copy ofthe report, as marked by the responsible plant official, is 

received by EPA, infonnation designated confidential is placed in the CBI files as described 

above. The original draft ofthe trip report is edited to delete the confidential information and to 

accommodate technical changes, and the trip report is issued. 

2 Attachments 

* 4 

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P.19 

4 • 

Attachment A 

CAA CONFIDENTIAL BUSINESS INFORMATION 

CONTROL RECORD 

DATE RECEIVED: 

DATE OF DOCUMENT: 

RESPONSIBLE BRANCH: CONTROL NUMBER: 

DOCUMENT AUTHOR: 

DESCRIPTION (Providing organization, title, subjea, number of copies and number of pages) 

RETURN DATE: DESTRUCTION DATE: INITIALS: I 

Each person given access to this document must fill in the information below \ 

CHECK-OUT 

SIGNATURE 

' 

• " 

I 

DATE TIME 

•• 

CHECK-IN 

SIGNATURE 

• 

• 

t 

DATE TIME 

ItyJs. 

CAA CBI Form 1 (Rev. 6/95) 

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P.20 

Attachment B 

1. AUTHORIZATION FOR ACCESS TO CAA CBI FOR CONTRACTOR EMPLOYEES 

FULL NAME 

SSN 

POSITION 

CONTRACTOR 

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

supervision who require access to CAA CBI: 

1. Sign the Confidentiality Agreement for EPA Employees 

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

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

SIGNATURE OF AUTHORIZING OFFICIAL* 

TTILE 

TELEPHONE NO. DATE 

LOCATION 

IL CONFTOENTIALITY AGREEMENT FOR CONTRACTOR EMPLOYEES 

I understand that 1 will have access to cenain Confidential Business Infonnation submitted to EPA or 

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

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

I understand that CAA CBI may not be disclosed except as authorized by CAA and Agency 

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

uptolyeariflwUlfulIydisdoseCAACBIIoaflypeisoaiiotaud^ Ina^itionl 

understand that I may be subject to disciplinary 4Ktkmforvk)Iatkmofthis4*t^re 

ranging up to md including dismissal. 

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

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

I liave read and understand these procedures. 

SIGNATURE TELEPHONE NO. DATE 

UL HAVING COMPLETE REQUIRED TRAINING AND PASSED REQUIRED 1 4 

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

ACCESS TO CAA CBL 

SIGNATURE COKTRACTOR/DCO TELEPHONE NO. DATE 

• Must be Contractor Management 

CAA CBI Form 3 (Rev. 6/95) 

/ 7