p.1 

OAR Box 1784 

Prepped by Ollie Stewart 

Document Number: 

30) ll-C-1 

Docket Number: 

A-84-44 

Printed 10/31/2008 8:05:39 AM Sheet 30 of 143 
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

8 5 JAW 1985 

Mr. Raymond C. Hill 

Gulf Oil Corporation 

Post Office Box 395 

Belle Chasse, Louisiana 70037 _ 

Dear Mr. Hill: 

As discussed in a telephone conversation on January 9, 1985, between 

Humberto Vaihieri of Gulf and Nancy McLaughlin of the U.S. Environmental 

Protection Agency (EPA), the EPA is reviewing the new source performance 

standard (NSPS) for refinery combustion sources which burn refinery fuel 

gas. This regulation limits the amount of hydrogen sulfide in fuel gas 

that is used in any new, modified, or reconstructed combustion device in 

a refinery-. The Clean Air Act Amendments of 1977 require the Administrator 

of the EPA to review, and if appropriate, revise established standards of 

performance at least every four years. The objective of this review is 

to assess the need for revision to the HSPS based upon the developments 

that may have occurred since the original standard was promulgated on 

March l\ 1974. Essential to this review is the gathering of information 

about refinery combustion devices that are subject to the NSPS. To use 

EPA and industry time efficiently in gathering data, the EPA is writing 

to several petroleum companies which operate facilities that are subject 

to this NSPS. 

This letter is to request from Gulf Oil Corporation information about 

the process equipment and associated emission control equipment subject to 

the NSPS at your refinery in Bel 1e Chasse, Louisiana. The information 

requested is itemized in Enclosure 1 to this letter. We are seeking information on costs, performance, design parameters, and emission monitoring 

of refinery fuel gas combustion sources and their associated emission 

control systems, with emphasis on any problems experienced in complying 

with the NSPS. We are sensitive to the amount of labor required to respond 

tc this request; therefore, we have United it to features important to 

regulatory review. Furthermore, we are requesting only information which 

you have available. He do not expect you to initiate special tests or 

studies in order to obtain this information. If certain information which 

we have requested is not available, please indicate this in your response. 

The authority for EPA's information gathering is included in Section 114 

of the Clean Air Act (42 U.S.C. 7414). Enclosure ?. contains a summary of this 

authority. If you believe that disclosure of the information we have requested 

"' you should clearly identify :uch information as 

T' fcDNClJRft ErlCES 

T—n p f fifrij' t i rin • iir.ror ti-e* h e . JW-S* .entl Hr + eterm -fe 

DATE 

EPA Form 1 320-1 Ul 2-70) OFFICIAL FILE COPY 

GrC : 1983 0 - «O3-20l 
P.3 

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 the EPA, it may be made available to the public by the EPA without 

further notice (40 CFR Part 2.203., September 1, 1976). All emission data, 

however, will be available to the public. It will be helpful if you would 

separate any information claimed to"be confidential from the balance of 

the material. Enclosure '3 summarizes the EPA and Emission Standards and 

Engineering Division policies and procedures for handling privileged 

information. 

If you have any questions regarding this request or are unable to 

provide responses to the enclosed questions by March 15, 1985, please contact 

Ms. Nancy D. McLaughlin at (919) 541-5595. 

Sincerely, 

Jack R. Fermcr 

Dimeter 

Emission Standards r\nn 

Enni neeri no Hi vi si on 

End osures 

ESED/ISB/SDS/NDMcLaughlin/chbaker 1/9/85 x 5596 Rm.765 MU (MD-13) 

File No. 8-1-15-9 Project No. 83/03 
P.4 

o 

114 MAIL OUT LIST for Refinery Fuel Gas NSPS 

Mr. B.F. Ballard 

Director, Environmental Control 

Phillips Petroleum Company 

Bartlesville, Oklahoma 74004 

Mr. Robert A. Cox 

Manager, Environment Health & Safety 

Manufacturing Department 

Texaco USA 

llll Rusk Street 

Houston, Texas 77002 

Mr. E.C. Ewing 

Technical Director 

National Cooperative Refinery Association 

2000 South Main Street 

Post Office Box 1404 

McPherson, Kansas 67460 

Mr. Philip Fox 

Environmental Engineer 

LaGloria Oil & Gas Company 

Post Office Box 840 

Tyler, Texas 75710 

Mr. R.C. Hill 

Refinery Manager 

B.P. Oil Incorporated 

Post Office Box 395 

Belle Chasse, Louisiana 7003 7 

Mr. Thomas T. Hullinger 

Engineering Manager 

U.S. Oil & Refinery Company 

3001 Marshall Avenue 

Post Office Box 2255 

Tacoma, Washington 98401 

Mr. P.W. Lashbrooke, Manager 

Lake Charles Refinery 

Conoco, Incorporated 

Post Office Box 37 

Westlake, Louisiana 70669 
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Mr. J.A. Mullins 

Manager, Environmental Programs 

Environmental Affairs 

Shel 1 Oi1 Company 

One Shel 1 Pl aza 

Post Office Box 4320 

Houston, Texas 77210 

Mr. J.E. Thompson 

General Manager, Operations 

Citgo Petroleum Corporation 

Lake Charles Operations 

Box 1562 

Lake Charles, Louisiana 70602 
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Not subject to the requirements 

of Section 3507, Paperwork 

Reduction Act of 1980 

ENCLOSURE 1 

Information Needs for Reviewing 

the Refinery Fuel Gas NSPS 

Listed below 1s the information we are seeking for the facilities subject to 

the new source performance standard (NSPS) for refinery fuel gas. 

I. INTRODUCTION/BACKGROUND 

The affected facility for the NSPS 1s any new, modified, or reconstructed 

refinery combustion device that burns fuel gas, such as flares, boilers, and 

process heaters. The primary control device Is a preprocessing unit (usually an 

amine treater) that removes the H ^ from the fuel gas before 1t Is combusted. -

Secondary controls are needed to process the more concentrated IfcS stream that 

exits from the amine treater; these secondary controls may be sulfuric aci d 

plants, thiosulfate plants, Claus sulfur plants, etc. These secondary controls, 

in turn, have emissions that require treatment, such a tall-gas units. Less 

conventional one-step systems (such as LO-CAT, Stretford, Stauffer, etc) nuy also 

be used, and may be preferred by smaller refineries. As an alternative, refineries 

are allowed to blend with natural gas to dilute the H?S concentration or use 

add-on controls such as flue-gas desulfurlzation (FGD) units. 

In order to conduct a comprehensive review of the NSPS and to understand 

the effects of the current regulation, we need to Investigate the entire 

system that deals with fuel gas (combustion devices, primary controls, 

and secondary controls), and the costs, credits, and emission reductions 

of each part. Although the affected facility 1s a combustion device, our 

main focus will be on the primary control devices (amine treaters or others), 

particularly current designs, chemicals, technical capabilities, and costs. 

„<. 

II. FACILITY DESCRIPTION 

Please provide a general description and schematic of the refinery fuel gas 

system, combustion devices, and sulfur treatment processes, Including gas 

flow rates (untreated fuel gas, treated fuel gas, and natural gas), and 

sulfur mass balances 
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III. REFINERY COMBUSTION DEVICES 

1. How many combustion sources that burn refinery fuel gas are there at 

your refinery (flares, boilers, process heaters, incinerators, others)? 

2. For each general type of combustion device that burns refinery fuel gas, 

please provide the following Information (for a typical example and ranges): 

a. Size - capacity, BTU rating, fuel consumption 

b. Costs - capital and operating 

c. Hours of operation, days per year, (continuous or periodic operation) 

d. Other fuels used, and in what proportion 

3. Please 11st and describe any new, modified, or reconstructed combustion 

devices you have that are subject to the NSPS? For these affected combustion 

devices, describe how you complied with the NSPS and estimate the incremental 

cost of compliance and the resulting emission reduction. 

a. Existing tfcS level was acceptable (e.g., used existing amine treater 

or sweet crude) 

b. Added new amine treater or other preprocessing unit 

c. Upgraded an existing amine treater. Describe how (Increased capacity , 

increased flow rate, added trays, changed chemicals) 

d. Added a flue gas desulferization (FGD) unit at outlet of 

the combustion source 

e. Replumbed and rerouted various fuel gas lines 

f. Blended with natural gas 

4. Without the NSPS, what level of H^S and other sulfur compounds in fuel 

gas would be acceptable before there would be significant adverse 

corrosion of equipment? 

5. What other Federal, sjate, and local environmental regulations apply to 

these combustion devices, and how did that affect your design considerations and 

decisions to replace or upgrade existing devices? 
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V I. COSTS 

1. We would like separate capital and operating costs of your primary emission 

control systems (amine treater, FGD, or other processing unit). The costs 

requested are for the entire control system, but we are also Interested 

1n the costs associated with the additional absorption capacity required 

for treating the fuel gas that is routed to new combustion sources. Please 

provide a breakdown (or factor) for just the fuel gas treatment, if possible. 

2. Please provide the following cost Information. Index costs to year and 

month. 

a. Purchase cost (explain what 1s Included) 

1. Breakdown by major equipment Item (i.e., vessel ) 

2. Cost of intial chemical inventory 

b. Installation cost (explain what 1s included) 

1. Breakdown by direct and indirect costs 

2. Note specific costs attributable to retrofitting a new or expanded 

amine treater Into an existing system 

c. Annual operating costs 

1. Labor costs (Does this include overhead?) Note labor hours, 

and $/hour rate. 

2. Materials 

a. Replacement parts 

b. Chemicals (# of gallons; $/gallon) 

3. Steam (cost, amount, pressure, and temperature) 

4. Electricity 

5. Water 

6. Other utilitie s and fuel costs 

7. Credits for value of recovered sulfur 

d. Key accounting factors 

1. Lifetime of equipment 

2. Equipment amortization and depreciation rate 

3. Labor and management charges 

4. Overhead rate 
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V. PRIMARY CONTROL 

1 . What are the characteristics and composition of the fuel gas that is 

expected at the inlet to the primary control device and that is desired at the 

outlet prior to combustion (typical and range)? 

a. Flow rate 

b. Heating value 

c. Temperature and pressur e 

d. Acid gas composition (FfcS, CCfc , other sulfur compounds) 

2. Amine treater description 

a. General schematic, Including flow rates and sulfur material balance 

b. Manufacturer or vendor (Include licensor and engineering firm) 

c. Start-up date 

d. Design capacity and range 

e. Hours of operation, hours/year 

f. Number of vessels 1n system (strippers and absorbers) 

Note the relative gas flow rates and amine circulation rates 

for fuel gas treatment vs. other gas treatment 

g. For each absorber, design and actual operating levels 

1. Gas flow rate 

2. Gas pressure and temperature 

3. Amine circulation rate and temperature 

h. For each stripper, design and actual operating levels 

1. Amine circulation rate 

2. Steam usage 

1. Type of amine used 

j. Other important design / operational criteria 

3. What type of system would have been Installed 1f the NSPS had not 

been in effect? List the differences from the present system. 

4. A complete maintenance history of the amine treating system is 

requested, or at a minimum, a narrative of the major outages and most 

frequent maintenance items that have occurred since start-up. In discussing 

these problems / outages, please describe the corrective action taken. 

a. Degradation or loss of amine, loss rate vs. baseline operating inventory 

b. Foaming 

c. Contamination of amine 

d. Corrosion of vessels and piping 

5. Is the operating and maintenance more excessive that Indicated by 

the vendor? 

6. What was the reliability of the unit on an annual basis for each year 

since start-up, (Amount of scheduled and unscheduled downtime)? 
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7. Has there been any degradation 1n performance? If so, please 

provide data used as a basis for this conclusion? 

8. What are the inspection practices and schedules for the control 

system, and what types of personnel perform these inspections? 

9. What are the operating parameters that are monitored or tested 

to determine if the amine treater 1s performing properly, (amine samples, 

outlet concentration)? 

10. What process parameters are set by operators to adjust for 

varying conditions and inlet loadings so that a low hydrogen sulfide 

concentration can be maintained? 
P.11 

V I . SECONDARY CONTROL (SULFUR PLANTS, ETC.) 

1. How is the more concentrated Hj£ stream exiting the amine treater 

handled (sulfuric acid plant, Claus sulfur plant with tail gas treater, 

sold to another firm)? 

2. Please provide a schematic and brief description of the secondary 

control system that treats the off-gas from the amine treater. Include 

size, year installed, and sulfur mass balances. Was this secondary 

control system Installed separately or as part of a package with 

the amine treater? 

3. If the tail gas unit uses amine scrubbing, 1s it now (or are you 

considering) combining the tail gas and fuel gas treating? Please 

explain why, and the advantages and disadvantages of this approach. 
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VII. EMISSION TESTING 

1. Please provide a full copy of all emission tests performed on fuel 

gas from your amine treaters. Include the date of the test and a description 

of the process conditions at time of test and test methods used. In addition, 

please provide the following information: 

a. What was the cost of the emission performance tests? 

b. Was the testing performed by your company or by a consultant? 

c. Besides H2S, what other compounds were tested for, (such as 

COS, CS2 , mercaptans, total sulfur, etc.)? Provide a summary 

of those results. 

d. Where was the test sampling site? Was it before or after blending -

with natural gas or other refinery gas? If after blending, what 

volume of other gases were blended with the treated fuel gas? 

2. Please provide copies of reports for any tests that have been performed at 

the outlet of combustion devices which burn fuel gas. Describe the combustion 

devices tested. In addition to the types of Information listed above, we are 

Interested 1n a summary of the emission data for any other pollutants/compounds 

(SO2, total sulfur, N0X , CO, hydrocarbons, etc.). 

3. Are there any State or local regulations that require testing of fuel 

gas for existing sources, or that require additional testing for new sources 

beyond that required by the NSPS? 
P.13 

VIII. EMISSION MONITORING 

1. Please provide a summary of all monitoring data for your amine treaters 

and HgS content of fuel gas with corresponding process conditions and any other 

information you feel would be helpful. Please provide detailed data for 

the last 2 years, Including copies of all excess emission reports. If the 

monitoring data Is collected continuously, present the 3-hour averages. 

2. How do you monitor the performance of your amine treaters and the H £ 

content of the fuel gas, (continuous Instrument emission monitors, periodic 

grab samples, process monitors, other)? Do you monitor more than one location, 

(immediately after treating, after blending, or before combustion)? If periodic 

samples are taken, what is the scheduled frequency? Do you monitor primarily 

to demonstrate compliance with the NSPS or to ensure that your amine treater 

is operating properly? 

3. What pollutants are monitored 1n the fuel gas (H2S or total sulfur) 

or what process parameters are monitored? 

4. If Instrument monitors are used, describe the monitors, Including 

vendor, model number, date installed, and costs to purchase and install. 

If manual sampling is done, describe the procedure and costs for equipment 

and laboratory supplies. 

5. How is the data recorded (manually or by instrument; periodically 

or continuously)? How is the raw data reduced and analyzed? How long 

are data records retained? 

6. What 1s the maintenance history of the instrument monitors, including 

predominant problems (drift, bias, breakdowns), length of outages, reliability 

history, and cost of maintenance (capital, operating, and labor)? What Is your 

normal preventive maintenance program for the monitors and how many laborhours/week 

are expended? Please^ break these hours down by type of personnel. 

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7. Please include any data comparing emission tests (manual sampling) 

and the emission monitoring system, including a description of methods used, 

quality assurance, and relative accuracy evaluations. 

8. Are there plans to replace or purchase new monitors, and 1f so, 

why and with what type? 

9. If you use a process parameter monitor to monitor the performance of the 

amine treater Instead of an emission monitor to monitor the H?S in the fuel gas, 

explain why? Why is the process parameter a good Indicator of performance? What 

types of process monitors are routinely provided with amine treater? 

10. Are any of the Instrument monitors integrated into the process as a control 

system or are they used only for emission monitoring? 

11. Please describe any State or local regulations that require monitoring. 
P.14 

IX. GENERAL REFINERY INFORMATION (RELATED TO AMINE TREATERS AND FUEL GAS) 

1. What is the nominal size of your refinery and current operating level 

(barrels of crude/day)? What is the operation schedule? What refinery operating 

parameters affect the sizing and operation of your amine treaters? 

2. What 1s the sulfur content of the crude oil (typical and range)? 

How does the crude oil sulfur content affect the operation of amine treaters 

and the level of h^S and other sulfur compounds in the fuel gas? 

3. How much natural gas (if any) 1s blended with the refinery fuel gas 

prior to combustion (typical and range)? Is this blending done primarily to keep 

a constant flow of gas to process units or to dilute the \^S concentration to 

an acceptable level? 
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X. GENERAL REGULATORY INFORMATION 

1. What problems have you experienced in Interpreting the NSPS, achieving 

the NSPS, and operating the control systems to comply with the NSPS? 

2. What problems or difficulties, 1f any, have you experienced in 

performing testing, monitoring, and recordkeeping for the NSPS? Do you 

have any suggestions (please provide rationale) for alleviating these 

problems, Including alternative approaches of achieving the same objective? 

3. How much does 1t cost you to comply with the NSPS regulation for 

recordkeeping and reporting? Please provide a copy of the forms you 

routinely have to fill out and a sample of a report. 

4. Whate general refinery factors, if any, adversely affect the performance 

of the HgS control system, and how? How have you compensated for these 

factors? Please provide and other general Information that you feel would 

be helpful to us 1n understanding how the performance and operation of 

your amine treateers Is Interrelated with other operational considerations 

at the refinery. 
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XI. CONTACTS FOR FURTHER INFORMATION 

Please include the names and phone numbers of appropriate contacts 

should clarification of the above Information be needed. 
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ENCLOSURE 2 

EPA'S INFORMATION GATHERING AUTHORITY 

UNDER SECTION I H OF THE CLEAN AIR ACT 

Congress has given the U.S.. Environmental Protection Agency broad 

authority to secure infonnation needed in the development of new source • 

performance standards for new stationary sources under Section TIT of the 

Clean Air Act (42 U.S.C. 7411). Among other things, Section 114 of the Act 

(42 U.S.C. 7414) authorizes EPA to make inspections, conduct tests, examine 

records, and require owners or operators of emission sources to submit 

informatton reasonably required for the 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 ofpertinent equipment, emissions, or both. 

Under Section 114, EPA is empowered to obtain infonnation described by 

that section even if you 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 to 

the public only if EPA determines that the information is not entitled to 

confidential treatment.* Procedures to be used for making confidentiality 

determinations, substantive criteria to be 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 

26S02). 

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 that a 

request is liksly to be received, or EPA desires to determine whether business 

lieccion ]]4 requires public availability of all emission data and authorizes 

disclosure of confidential information in certain circumstances. See 

40 FR 36502 - 36912 (September 1, 1976). 
P.18 

information in its possession is entitled to confidential treatment even 

though no request for release of the information has been received (e.g. when 

EPA determines there is a need to disclose such information in the course of 

developing emission standards under Section 111 or 112 of the Clean Air Act), 

please be advised that EPA will seek, at that time, the following information 

to support your claim as required by §2.204(e)(4) of EPA's FOIA regulations: 

1. Measures taken by your company to guard against undesired disclosure 

of the information to others; 

2. The extent to which the information 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 determination, 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 expTanation of the causal relationship 

between disclosure and such harmful effects. 
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June 1982 

ENCLOSURE 3 

U.S. ENVIRONMENTAL PROTECTION AGENCY 

OFFICE OF AIR QUALITY PLANNING AND STANDARDS 

EMISSION STANDARDS AND ENGINEERING DIVISION 

Summary of ESED 

Procedures for Safeguarding Confidential Business Information 

1. Purpose 

This memorandum summarizes 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 Emission Standards 

and Engineering Division (ESED), Office of Air Quality Planning and Standards. 

Office of Air, Noise, 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 

Information. 

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

3. Exception: 

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

procedures used by the Emission Standards and Engineering Division, Office of 

Air Quality Planning and Standards, 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 as to which the source 

has asserted a claim of confidentiality. This information may be identified 

with such titles as trade secret, secret, administrative secret, company 
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secret, secret proprietary, privileged, administrative confidential, company 

confidential, confidential proprietary, proprietary, etc. NOTE: These 

markings should not be confused with the classification markings of National 

Security information identified in Executive Order 11652. 

5. Background: 

Section 114(c) of the 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 infonnation, or particular part thereof, (other than 

emission data) to which the Administration 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 record, report, or information or particular 

portion thereof confidential in accordance with the purposes of 

Section 1905 of Title 18 of the United States Code, except that such 

record, report, or information may be disclosed to other officers, 

employees, or authorized representatives of the United States 

concerned with carrying out this Act or when relevant in any 

proceeding under this Act." 

On September 1, 1976, EPA promulgated regulations (40 CFR Part 2) that 

govern the treatment of business information, including data obtained under 

Section 114 of the Clean Air Act. These regulations require EPA offices to 

include a notice with each request for information to inform the business 

(1) of its right to assert a claim of confidentiality covering part or all of 

the information, (2) of the method for asserting a claim, and (3) of 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) of the method for asserting a claim, and (3) of 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 authorized 
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representatives; (3) contain provisions for the release of information 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 information; and (5) prohibit 

wrongful use of such information and describe penalties for wrongful 

disclosure. Further, the regulations contain the Agency's basic rules 

concerning the treatment of requests for information under the Freedom of 

Information Act (5 U.S.C. 552). 

6. Procedures: 

a. Request for Information 

Each request originating in the Emission Standards and Engineering 

Division (ESED) for information made under the provisions of Section 114(a) is 

signed by the Division Director. The request includes a ESED's standard 

enclosure "EPA's Information Gathering Authority Under Section 114 of the 

Clean Air Act," which was designed to meet the requirement of 40 CFR Part 2 

discussed above. 

b. Receipt of Confidential Business Information 

Upon receipt of information for which confidential treatment has been 

requested, the Office of the Director (OD) directs the-logging of the material 

and the establishment of a permanent file. If confidential treatment is 

requested, but is not specifically marked, the material will be stamped 

"Subject to Confidentiality Claim." If part of the 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 Branch Chief 

responsible for the requested information reviews the information to determine, 

whether it is likely to be confidential, in contrast to being available in the 

open literature, and whether it likely provides its holder with a competitive 

advantage. If the information is clearly not confidential, the Branch chief 

prepares a letter for signature of the Division Director, ESED, to notify the 

business of this finding. If the information is possibly confidential, the 

Branch Chief sends a memorandum to inform the Office of the Director, ESED, of 

this finding, gives a brief description of the material (what it is, how many 

pages, etc.), identifies it with the correct ESED project number, and lists 
P.22 

those persons who are authorized to have access to the information. The 

information and memorandum are hand carried to the OD and filed with the 

material. EPA Form 1480-21, "Privileged Information Control Record," 

(Enclosure A) is also filed with the folder containing the information. If 

confidential business information is received from 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. 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. 

c. Storage of Confidential Business Information 

Folders, documents, or material containing confidential business 

information (as defined) shall be secured, at a minimum, in a combination 

locked cabinet. Normal ESED procedure is to secure this information in a 

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

combination padlock. The locked file is under the control of the Office of 

the Director. 

Knowledge of the combination of the locking device is limited to the 

minimum number of persons required to effectively maintain normal business 

operations. Records of the locking device combination may be made but shall 

be stored elsewhere in conformance with the requirements of the EPA Security 

Manual. 

The combination of the lock is normally changed whenever a person with 

knowledge of the combination is transferred, terminates employment, or is no 

longer authorized access, or whenever the possibility exists that the 

combination may have been subjected to compromise. 

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

to receive the information. All confidential files must be returned no later 

than 3:30 p.m. on the same day they are removed. The intended user must sign 

the Privileged Information Control Record in the presence of an Office of the 

Director staff member when the file is checked out and when it is returned. 
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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 confidential business information by an authorized 

representative of EPA (see Section d. below) must be, at a minimum, as secure 

as those established here for EPA. Whenever confidential business information 

is removed from the EPA files to be transmitted to an authorized 

representative, a memorandum is placed in the file indicating what information 

was transmitted, the date, and the recipient. 

d. Access to Confidential Business Information 

Only authorized EPA employees may open and distribute confidential 

business information. 

Only EPA employees who require and are authorized access to confidential 

business information in the performance of their official duties are permitted 

to review documents and, after reviewing, shall sign and date EPA Form 1480-21 

(Enclosure A) to certify their access to the document. 

The confidential business information file is controlled by the Office of 

the Director, ESED. Access to the information is strictly enforced by that 

office. 

The ESED Branch through which the confidential business information has 

been requested or sent provides a memo for the record designating those 

personnel who are authorized to use confidential business information in 

performance of their official duties in a program under which confidential 

business information can be requested. No person is automatically entitled to 

access based solely on grade, position, or security clearance. A need to know 

must exist. Where a person with a need to know is not designated on the memo 

for the record, the applicable Branch Chief shall review that need and, if 

appropriate, prepare an amendment to the memo or record. In any case, the 

memo designating authorized personnel should be reviewed and revised from time 

to time to ensure that it is current. 

Persons under contract to EPA to perform work for EPA may be designated 

authorized representatives if such designation is necessary in order for the 
P.24 

contractor to carry out the work required by the contract. The following 

conditions apply when it has been determined that disclosure is necessary: 

(1) The authorized contractor representative and its employees (a) may 

use such confidential information only for the purposes of carrying out the 

work required, (b) must refrain from disclosing the information to anyone 

other than EPA without having received from EPA prior written approval of each 

affected business or of an EPA legal office, and (c) must return to EPA all 

copies of the information (and any abstracts or excerpts therefrom) upon 

request or whenever the information is no longer required for the performance 

of the work. 

(2) The authorized contractor representative must obtain a written 

agreement from each of its employees who will have access to the information 

to honor the above-noted limitations. A copy of each such agreement must be 

furnished to EPA in a format substantially complying with that shown in 

Enclosure B before access is permitted. 

(3) The authorized contractor representative must agree that the 

conditions in the contract concerning the use and disclosure of confidential 

business information are included for the benefit of, and shall be enforceable 

by, both EPA and any affected business having a proprietary interest in the 

information. 

These requirements provide reasonable protection for the rights of owners 

of confidential business information. 

Information may be released to or accessed by employees of other EPA 

elements only upon approval by the Director, ESED, of a written justification 

signed by a Division Director, or equivalent. 

Requests from other Federal agencies, Congress, Comptroller General, 

Courts, etc., are handled by the Office of the Director, ESED. 

Requests under the Freedom of Information Act are handled in accordance 

with 40 CFR, Part 2, Subpart A. The ESED Freedom of Information Coordinator 

must be consulted prior to responding to any request for information where a 

claim of confidentiality has been asserted or where there is reason to believe 

that a claim might be made if the business knew release was intended. 
ENCLOSURE A 

EPA Order 1350 

June 12, 1982 DO NOT DETACH 

E?A Order 

June 12, "" 

APPLICATION NOl 

ENVIRONMENTAL PROTECTION AGENCY 

PRIVILEGED INFORMATION CONTROL RECORD 

Tha atxaiJwd information waa racarvad undar a oiadoa of confidant*. Acid* from any posnblt aacurity daarffcstion. it is coraidarad 

frhO+gri information. Thri information must tit arvaralr nmrictad in its dttaamination, baino, mada avaiiabia only to thosa Environmental 

rYctaebor. Aajancy officials with a *arfid naad for it. Ail paraon* ravtawina this information mutt son balow. 

INFORMATION REFERRED TO: 

NAME SIGNATURE DATE 

UNAUTHORIZED DISCLOSURE OF THE ATTACHED INFORMATION IS PUNISHABLE BY $1,000.00 FINE OR IMPRISONMENT 

NOT MORE THAN ONE YEAR. OR BOTH. AND REMOVAL FROM OFFICE OR EMPLOYMENT. (18 USC 1905) 

DO NOT DETACH 

rPA Fan* 140.21 (7-7.) 
Enclosure B June 1982 

TREATMENT OF CONFIDENTIAL INFORMATION 

It is understood that performance under EPA Contract No. 

will require the Contractor ( ) 

and its employees to have access to confidential information obtained by EPA 

under section of the Clean Air Act. In fulfillment of the conditions of 

disclosure contained in the Contract, I , 

hereby affirm that I personally will honor the limitations expressed in the 

contract concerning my access to such information. 

Specifically, I shall: 

1. use the information only for the purpose of carrying out the work 

required by the Contract; 

2. refrain from disclosing the information to anyone other than EPA without 

the prior written approval of each affected business or of an EPA legal 

office; and 

3. return to EPA, through the Contractor, all copies of the information (and 

any abstracts or excerpts therefrom) upon request by the EPA Program 

Office or whenever the information is no longer required by the 

Contractor for the performance of work required by the Contract. 

Dated this day of . , 1982. 

Signature