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attle, WA 98101-3140 

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(Er14n. .. ornAnt RAn1dred\ 

Barry Hullett, President 

lntalco Aluminum Corporation 

P. 0. Box 937 

Ferndale, WA 98248 

ashington lJX24X 

Dear Mr. Hullcll: 

APR 18 2013 OFFIC~ OfAir~. WASH- ANI) fOXiCS 

CQUESTED 

As you know, the U.S. Environmental Protection Agency is seeking to determine whether certain 

information submitted on behalf of lntalco Aluminum Corporation to Dennis McLerran, EPA 

Region I 0, by letter dated 1 une 22, 20 12, qual iries as confidential business in form<~t ion ( CJ31 ). 

The infornwtion in question relates to the allord;~hility of air 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, 20 IJ, more specifically identifies the information in Attachment 

2 that lntalco is claiming as confidential (the "Subject Information"). The purpose of this letter 

is to seck further clarification on lntalco'.-; claim that the Subject Information qualifies as CBI. 

By letter d;~ted March 12, 20 ll, I notified lntalco that the EPA Region IO's Ofrice of Regional 

Counsel will he making a fin;~! confidentiality dctcrmin;~tion concerning the Subject Information 

under 40 c.r.R. Part 2 and provided lntalco an opportunity to comment. In that lcller, I 

requested lntalco to provide, among other things, infonnatiun regarding what measures lntalco 

had taken to protect the Subject Information and to guard against the undc..,ired disclosure of the 

Subject Information to others. My IL'ltcr ..,pccil'ically asked lntalco to address the fact that a copy 

of the Subject lnfurnwtiun had been provided to the individuals identified at the end of the 

June 22, 2012 letter a:-, "cc's", and to discuss whether any of these 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 Governor of the State of Washington; the Director of the 

Washington Department of Ecology; and the Executive Policy Director of the Office lif the 

Washington Governor. 

With respect to the individuals identified as "cc·s··. your AprillJ. 20 lllettcr responding to my 

March 12,201.\ request stated, ''The individuals who were "cc'cd" arc all in the employ or the 

govcrnlllcnt. As such. we believe that they arc hound by the dc:-,ignation or the 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 letter arc 

hound hy the designation of the SuhjcL·t lnforl!lation as CBI not to further disclose the 

Subject Information, including relevant legal citations, policies, or procedures; 

0 Printed on Recycled Paper 
UNITED 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 whether certain 

information submitted on behalf oflntalco Aluminum Corporation to Dennis McLerran, EPA 

Region 10, by letter dated June 22, 2012, qualifies as confidential business information (CBI). 

The information in question relates to the aff()rdability of air 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 of this letter 

is to seck further clarification on lntalco's rlaim that the Subject Information qualifies as CHI. 

By letter dated March 12,2013, I notified lntalco that the EPA Region IO's Office of Regional 

Counsel will be making a final confidentiality determination concerning the Subject Information 

under 40 C.P.R. Part 2 and provided In talco 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 of the 

Subject Information to others. My letter specifically asked lntalco to address the fact that a copy 

of the Subject Information had been provided to the individuals identified at the end of the 

June 22, :2012 leLter as "cc's", and to discuss whether any of these 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 of the State of Washington; the Director of the 

Washington Department of Ecology; and the Executive Policy Director of the Office cif the 

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 of the 

government. As such, we believe that they arc hound by the designation of the 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 your conclusion that the individuals "cc'ed" on the June 22,:2012 leiter arc 

hound by the designation of the Subject Information as CBinot to further disclose the 

Subject Information, including relevant legal citarion.'., policies, or procedures; 
Demonstrate whether lntalco .. has taken reasonable measures to protect the 

confidentiality of the 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 other persons (other than governmental bodies) hy 

the usc of legitimate means (other than discovery based on a showing of special need 

in a judicial or quasi-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 I J letter, a company bears the burden of 

substantiating its confidentiality claim, and conclusory allegations will he given little or no 

weight in the determination. In addition, in accordance with 40 C.P.R.~ 2.205(c), if you wish to 

claim any of the information in your submittal as confidential, you must mark the response 

"CONFIDENTIAL" or with a similar designation, 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 of the procedures set forth in, 40 C.f<.R. Part 2, Subpart B. Jf you 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 of March 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. If you wish the EPA to 

consider any additional information in determining whether the Subject Information is entitled to 

confidential treatment under 40 C.P.R. Part 2, please send the information by mail to the above 

address to the attention of Steve 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 emai I at 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. 

0 PrtnrecJ on R•cycted Pa(JBr