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### Barry Hullett, President lntalcoAluminum Corporation P. 0. Box 937 Ferndale, WA 98248

ashington lJX24X

Dear Mr. Hullcll: 

### APR 18

## 2013**OFFIC~** Of**Air~.** WASH- ANI) fOXiCS
CQUESTED

As you know, the U.S. Environmental Protection Agency is seeking to determine whethercertain information submitted on behalfoflntalco Aluminum Corporation to Dennis McLerran, EPA Region I0, by letterdated 1une 22, 20 12, qualiries as confidential business in**form<~t**ion (CJ31). The infornwtion in question relates to the**allord;~hility** ofair pollution controls at the Intalco facility in rcrndalc, Washington, and is contained in Attachment 2 to the June 22, 2012 leiter. Your letter to me**d;~tcd** April 9, 20IJ, more specifically identifies the information in Attachment 2 that lntalco is claiming as confidential (the "Subject Information"). The purpose ofthis letter is to seck further clarification on lntalco'.-; claim that the Subject Information qualifies as CBI.
By letter**d;~ted** March 12, 20ll, Inotified lntalco that the EPA Region IO's Ofrice ofRegional Counsel will he making a**fin;~!** confidentiality**dctcrmin;~tion** concerning the Subject Information under 40c.r.R. Part 2 and provided lntalco an opportunityto comment. In that lcller, I requested lntalco to provide, among otherthings, infonnatiun regarding what measures lntalco had taken to protect the Subject Information and to guard against the undc..,ired disclosure ofthe Subject Information to others. My IL'ltcr ..,pccil'ically asked lntalco to address the fact that a copy ofthe Subject lnfurnwtiun had been provided to the individuals identified at the end ofthe June 22, 2012 letter a:-, "cc's", and to discuss whether any ofthese individuals was hound by an agreement not to further disclose the Subject lnfonnation when they received the information. The individuals identified as "cc's'' are Senator Palty Murray; Senator Maria Cantwell; Congrc:-,sman Rick Lar:-,cn; the Governorofthe State ofWashington; the Director ofthe Washington Department ofEcology; and the Executive Policy Directorofthe Office lifthe Washington Governor.

With respect to the individuals identified as "cc·s··. your AprillJ. 20lllettcrresponding to my March 12,201.\ request stated, ''The individuals who were "cc'cd" arc all in the employ orthe govcrnlllcnt. As such. we believe that they arc hound by the dc:-,ignation orthe information as CBI."

By this letter, EPA is offering you an additionalupportunity to supplement your Aprill), 201l substantiation respon:-,c in order to:

I. Support your conclusion that the individuals "cc'cd" on the .June 22, 2012 letterarc hound hy the designation ofthe SuhjcL·t lnforl!lation as CBI not to further disclose the Subject Information, including relevant legal citations, policies, or procedures;



# 0 PrintedonRecycledPaperUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 900 Seattle, WA 98101-3140 

## APR 18

## 2013**OFFIC~ 0~**  AIR, WASH' AND fOXICS


### CERTIFIED RETURN RECEIPT REQUESTED

Barry Hullell, President lntalco Aluminum Corporation 4050 Mountain View Road PO Box 937 Perndale. Washington 'JX24X

Dear Mr. Hullell:

As you know. the U.S. Environmental Protection Agency is seeking to determine whethercertain information submitted on behalfoflntalco Aluminum Corporation to Dennis McLerran, EPA Region 10, by letterdated June 

### 22, 2012, qualifies as confidential business information (CBI). The information in question relates to the aff()rdability ofair pollution controls at the lntalco facility in Perndalc, Washington, and is contained in Attachment 

### 2 to the June 22, 2012 letter. Your lcllcr to me dated April9, 2013, more specifically identifies the information in Attachment 2 that lntalco is claiming as confidential (the "Subject Information"). The purpose ofthis letter is to seck further clarification on lntalco's rlaim that the Subject Information qualifies as CHI.
By letter dated March 12,2013, Inotified lntalco that the EPA Region IO's Office ofRegional Counsel will be making a final confidentiality determination concerning the Subject Information under40C.P.R. Part 2 and provided Intalco an opportunity to comment. In that letter, I requested lntalco to provide, among other things, information regarding what measures lntalco had taken to protect the Subject Information and to guard against the undesired disclosure ofthe Subject Information to others. My letter specifically asked lntalco to address the fact that a copy ofthe Subject Information had been provided to the individuals identified at the end ofthe June 22, :2012 leLter as "cc's", and to discuss whether any ofthese individuals was hound by an agreement not to further disclose the Subject Information when they received the information. The individuals identified as "cc's'' arc Senator Palty Murray; Senator Maria Cantwell; Congressman Rick Larsen: the Governor ofthe State ofWashington; the Director ofthe Washington Department ofEcology; and the Executive Policy Directorofthe Office cifthe Washington Governor.

With respect to the individuals identified as "cc's'', your AprillJ, 2013 Jetter responding to my March 12,:2013 request stated, 'The individuals who were "cc'ed" arc all in the employ ofthe government. As such, we believe that they arc hound by the designation ofthe information as CBI."
By this letter, EPA is offering you an additional opportunity to supplement your April <J, 2013 substantiation rcspom.c in order to:

I. Support yourconclusion that the individuals "cc'ed" on the June 22,:2012 leiter arc hound by the designation ofthe Subject Information as CBinot to further disclose the Subject Information, including relevant legal citarion.'., policies, orprocedures;Demonstrate whether lntalco

..has taken reasonable measures to protect the confidentiality ofthe information" as provided in -1-0 C.f<.R.**~** 2.208(b); J. Demonstrate that "It

### I he infon1Jation is not, and has not been, reasonably obtainable without the business's consent hy otherpersons (other than governmental bodies) hy the usc oflegitimate means (other than discovery based on a showing ofspecial need in ajudicial orquasi-judicial proceeding'' as provided in 40**C.P.R.~** 2.208(c); and/or, 4. Provide any additional information relevant to whether the Subject Information qualifies as CBJ.

As previously explained in my March 12, 20 IJ letter, acompany bears the burden of substantiating its confidentiality claim, and conclusory allegations will he given little orno weight in the determination. In addition, in accordance with 40**C.P.R.~** 2.205(c), ifyou wish to claim any ofthe information in your submittal as confidential, you must mark the response "CONFIDENTIAL" or with a similardesignation, and must bracket all text so claimed. Information so designated will he disclosed by the EPA only to the extent allowed by, and by

means ofthe procedures set forth in, 40 C.f<.R. Part 2, Subpart B. Jfyou fail to claim the information submitted in response to this letter as confidential, it may he made available to the public without further notice to you.
My letter ofMarch 12, 201 J previously provided you a period of 15 working days to substantiate your CIJI claim in accordance with 40**C.P.R.~** 2.204(e)(2), and you responded to my letter within the required time frame. We arc giving you this additional opportunity to supplement your response to more specifically address the items listed above. Ifyou wish the EPA to consider any additional information in determining whether the Subject Information is entitled to confidential treatment under40C.P.R. Part 2, please send the information by mail to the above address to the attention ofSteve Body, or by email to body.stcve(cilepa.gov, no later than May J, 2013.

Should you have any questions concerning this matter, please contact me at (206) 553- 09H5 or by emaiIat suzuki.debra{[1'epa.gov.
Sincerely, 

# &!..

# ~;::./1~YKA, Air Planning Unit

Cc: John Martin, President, GPP-US, Alcoa Primary Metals Robert Wilt, President, Alcoa US Primary Products Jeffrey 

### J. Lettrich, Counsel. Alcoa Inc.



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