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OAR Box 1158 

Prepped by RyanDugan 

Document Number: 

33) l-C-9 

Docket Number: 

A-88-02 

Printed 4/28/2008 2:34:13 PM Sheet 33 of 349 

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

Office of Air Quality Planning and Standards 

Research Triangle Park, North.Carolina 27711 

A-88-02 

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FILE COPY 

Mr. Charles Nicholl 

Plant Manager 

Modern Hard Chrome Service Company 

12880 East 9 Mile Road 

Warren, Michigan 48089 

Dear Mr. Nicholl: 

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JAM I8BBI 

ES^ MB DOCKET 

MAR 121985 

As you may know, the United States Environmental Protection Agency 

(EPA) 1s considering adding chromium to the list of hazardous air 

pollutants under Section 112 of the Clean Air Act, as amended, August 

1977. A preliminary assessment has identified 11 categories of stationary 

sources as potential emitters of significant quantities of chromium to the 

atmosphere. Included among these source categories is chromium plating. 

Because the preliminary assessment was based on limited data and available 

information, especially with respect to the quantities .and forms of 

chromium actually emitted, EPA has undertaken a program to develop 

additional background information on all 11 source categories. This 

information will be used to determine the need for standards for each 

source category. 

A major element of the program consists of locating and visiting a 

number of representative plants within each source category. From these 

visits, one or more plants will be selected as candidates for testing. The 

tests will be performed to quantify the amount and form (trivalent or 

hexavalent) of chromium discharged from chromium emitting facilities and 

air pollution control devices. 

This letter is to request a visit by Mr. Al Vervaert of EPA and 

Ms. Barb Duletsky of Midwest Research Institute (MRI) to the Modern Hard 

Chrome Service Company plant located in Warren, Michigan, on March 14, 

1985. They expect to arrive at your office about 9:30 a.m. This visit was 

discussed with you in a telephone conversation on February 27, 1985. 

They will be requesting emission data, operating data, and capital and 

operating costs for your process equipment and associated air pollution 

control equipment. Enclosure 1 is a list of the general type of questions 

that they will be asking on their visit. 

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The authority for EPA's information gathering and source testing is 

included in Section 114 of the Clean Air Ajfet (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. If no claim of confidentiality accompanies the 

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

public by EPA without further notice (40 CFR Part 2.203, September 1, 

1976). All emission data, however, will be available to the public. 

The EPA has contracted with MRI (Contract Number 68-02-3817) to obtain 

information pertinent to stationary source categories which emit 

chromium. Thus, as noted in Enclosure 3, MRI has been designated by EPA as 

an authorized representative of the Agency. Therefore, MRI has the rights 

discussed above and in Enclosure 2. As a designated representative of the 

Agency, MRI is subject to the provisions of 42 U.S.C. 7414(c) respecting 

confidentiality of methods or processes entitled to protection as trade 

secrets. 

Enclosure 4 summarizes Agency and Emission Standards and Engineering 

Division policies and procedures for handling privileged information and 

describes EPA contractor commitments and procedures for use of confidential 

materials. It 1s 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 be of interest 

to you: 

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

he 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 EPA's "right 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. Donnell L. Nantkes, 

Office of General Counsel, at (202) 382-5460. 

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If the date of this visit becomes impractical or you have any 

questions, please call Mr. Al Vervaert of EPA at (919) 541-5601, or 

Ms. Barb Duletsky of MRI at (919) 781-5750'. 

Sincerely, 

Stanley T. Cuffe, Chief 

Industrial Studies Branch 

Emission Standards and 

Engineering Division 

4 Enclosures 

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IDENTICAL LETTER SENT TO THE FOLLOWING ADDRESSEES: 

1. Mr. Robert Waters 

Plating Plant Manager 

C. S. Ohm Manufacturing 

6640 Sterling Drive 

Sterling Heights, Michigan 48077 

Variable Information: Page 1, paragraph 3: "This letter is to request 

a visit by Mr. Al Vervaert of EPA and Ms. Barb Duletsky of Midwest Research 

Institute (MRI) to the C. S. Ohm Manufacturing plant located 1n Sterling 

Heights, Michigan, on March 14, 1985. They will arrive at your office 

about 1:00 p.m. This visit was discussed with you in a telephone 

conversation on March 8, 1985." 

2. Mr. John Kary 

Chevrolet-Pontiac Canada Group 

Bumper Division 

13000 Eckles Road 

Livonia, Michigan 48151 

Variable Information: Page 1, paragraph 3: "This letter is to request 

a visit by Mr. Al Vervaert of EPA and Ms. Barb Duletsky of Midwest Research 

Institute (MRI) to the Chevrolet-Pontiac Canada Group plant located in 

Livonia, Michigan, on March 15, 1985. They expect to arrive at your office 

about 1:30 p.m. This visit was discussed with you in a telephone 

conversation on February 28, 1985." 

3. Mr. R. P. Guidebeck 

President 

General Plating, Incorporated 

6547 St. Paul 

Detroit, Michigan 48207 

Variable Information: Page 1, paragraph 3: "This letter is to request 

a visit by Mr. Al Vervaert of EPA and Ms. Barb Duletsky of Midwest Research 

Institute (MRI) to the General Plating, Incorporated plant located in 

Detroit, Michigan, on March 15, 1985. They expect to arrive at your office 

about 9:30 a.m. This visit was discussed with you in a telephone 

conversation on February 28, 1985." 

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Docket No. A-88-02 

Subcategory I -C 

The enclosures to this document are identical to the 

enclosures in docket item No. I -C- % 

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