OAR Box 1500 

Prepped by Ollie Stewart 

Document Number: 

6) ll-C-32 

Docket Number: 

A-94-52 

Printed 8/5/2008 1:51:26 PM Sheet 6 of 343 

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t 0 s ^ 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

RESEARCH TRIANGLE PARK. NC 27711 

OFFICE OF 

AIR QUAUTY PLANNING 

AND STANDARDS 

A-94-5^ 

I-c-32 

Mr. John Jambois, President 

Tecton Products 

44 01 15th Avenue, NW 

Post Office Box 2712 

Fargo, North Dakota 58108 

Dear Mr. Jambois: 

MAY I 5 '-m 

This letter is to confirm a visit to the Tecton Products 

facility located in Fargo, North Dakota, by representatives of 

the U.S. Environmental Protection Agency (EPA) on Tuesday and 

Wednesday, June 4 and 5, 1996. Visitors will include 

Dr. Madeleine Strum of the EPA, and Mr^ Greg LaFlam and 

Ms. Melanie Proctor of Pacific Environmental Services, Inc. 

(PES). The visit was discussed during a telephone conversation 

between you and Dr. Strum on May 9, 1996. 

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

national emission standards for hazardous air pollutants (NESHAP) 

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. A visit to your facility would greatly assist us in 

assessing the variability in pultrusion operations processes' and 

feasible emission reduction measures. 

The types of information we would like to discuss with you 

during the site visit include the following: 

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 pultrusion and painting 

processes, including the application equipment used, types 

of resins and coatings, and spray booth and pultrusion 

machine parameters; 

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3. Descriptions of the emissions capture and control 

system(s) and other measures used to limit emissions from 

the pultrusion and painting processes; and 

4. Available cost information concerning the control 

measures discussed under item 3. 

Enclosure 1 is an outline of the site visit checklist that 

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

not all of the questions may apply to your facility and some of 

them 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 

have the necessary information from your files available to 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. 

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 (4 0 CFR Part 2.203, September 

1, 1976). Section 114(c) of the Act exempts emissions data from 

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 1. As an authorized 

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

U.S.C. 7414(c) respecting confidentiality of methods or processes 

entitled to protection as trade secrets. The PES contract with 

the EPA is No. 68-D1-0116. 
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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 be 

of 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 EPA that a 

firm may not condition the 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) 260-4556. 

^ If you have any questions regarding this request, please 

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

<T Sincerely, 

i'rv/iL 5f^oVvoi-p 

Linda S. Herring 

Group Leader 

Coatings and Consumer Products 

5 Enclosures 

cc: Mr. Dana K. Mount, North Dakota State Department of Health 

Kerrigan Clough, Asst. Regional Administrator, Office of 

Pollution Prevention, State and Tribal Assistance, 

EPA Region VIII (8AT) ^ 
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Enclosure 1 

SITE VISIT - TECTON PRODUCTS 

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 pultrusion process and the 

parameters (such as end-use properties, size and complexity of 

part, process combinations, etc.) that could affect the technical 

feasibility of applying air emission controls. Further, we need 

to estimate the potential economic impact of air pollution 

controls on pultrusion operations. To help ensure that we cover 

all of the areas that may affect the feasibility of applying air 

pollution controls at facilities with pultrusion 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. 

In addition to covering the information identified below, we 

would like to review your August 1993 air permit (no. M93001) to 

identify any changes that have been made to the facility since it 

was issued. Finally, we would like to review any source test 

reports that you have for this facility. 

To help prepare for the site visit, an * has been placed 

next to those items that we anticipate can be compiled by Tecton 

prior to the visit and provided to the EPA representatives with 

little, if any discussion during the site visit. An ** has been 

placed next to those items that we anticipate will require 

compilation by Tecton prior to the visit and provided to the EPA 

representatives with some to much discussion during the site 

visit. Finally, the items without any asterisks are those items 

for which we anticipate discussion only is required, with little 

if any compilation of materials by Tecton prior to the site 

visit. 

GENERAL PLANT INFORMATION 

* Size of business. 

* No. Employees at facility. 

* No. Employees at parent company. 

** 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. y''" 

Market position of products produced. s 

Are there any planned changes to types of products being 

produced? 

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PROCESS DESCRIPTIONS 

Are there any planned changes to the production processes? 

For example, any planned changes in the number of pultrusion 

machines? 

'} Pultrusion Machines 

* Number of pultrusion machines. 

"-* Annual resin usage (by type) for each machine. 

(*) Please provide material safety data sheets (MSDS) for each 

resin type. 

* What is the quantity (annual) of other raw materials besides 

resin used (for each 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 

various machine components (including: wet out area, bath, 

die, roving unwind station). Dimensions and layout of total 

enclosure with respect to machine dimensions. 

Frequency and reason for die changes. 

** Line speed (typical and range). 

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

HAP used in raw materials. 

Have you made any changes in process or choice of materials 

that reduced styrene emissions (bath sizes made smaller, wet 

out area shortened, air currents reduced, change in resins)? 

Resin mixing and holding tanks 

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

Description of material .transfer to...and. .from mixers and 

holding tanks ,.^nd_jnixing process^. 

** Extent of mixing tank covers, description of openings in 

covers, and when covers (or 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.). 

** Types, quantities and HAP contents of cleaning materials 

used for each process. 

Have there been any changes in cleaning materials or planned 

changes? 

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(\ 

^ 

^ Painting 

tt 

^ * Data to determine annual emissions such as types of paints, 

quantities, volatile organic compounds (VOC) and HAP 

contents. 

* Hours of operation of paint booth. 

Other Processes 

Any other processes that may have HAP emissions? 

EMISSION CONTROL SYSTEM 

* Type of VOC control device and the name of the manufacturer. 

** Individual air flows vented to device (pultrusion machine 

no.l = x cfm, spray booth = y cfm, etc.), and concentration 

(ppm) of VOC from each process. 

** If air flows vary, give maximum, minimum, and typical air 

flow and concentration combinations. 

* Inlet/outlet stream temperatures. , 

* Heat recovery. 

Problems experienced (including ductwork). 

Why system installed? 

Any changes to system planned? 

** Plant layout: distances between processes and to control 

system. 

COST INFORMATION 

** Capital costs and annual costs: 

Control devices (or cost parameters we could use in our 

control cost model) 

Pultrusion machines 

Total enclosure (pultrusion) 

Painting operations (paint booth and application 

equipment) 

* Raw Material Costs 

ECONOMICS 

** Profitability of pultrusion operation with the control 

device in place versus no control device. Data can include 

the ratio of the total annual cost of production to the 

total annual cost of control, or the ratio of the annual 

sales to the total annual cost of control. 

How was capital cost of machines financed? 

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Enclosure <2~ 

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EPA's Information Gathering Authority 

Under Section 114 of the Clean Air Act 

Under Section 114 ofthe 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) determining whether any person is in violation of 

any such standard of any requirement of such a plan, or (iii) carrying out any provision of this Art." Among 

other tilings, Section 114 authorizes EPA to make inspections, conduct tests, examine record, and require 

owners or operators of emission sources to submit infonnation reasonably required for die 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 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 treatment41 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 tiie 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 that 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 

information has been received, 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 tiie 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 determinations, or reference to it, if available; and 

4. Whether your company asserts that disclosure ofthe information would be likely to result in 

substantial harmful effects on the business1 competitive position, and if so, what those harmful effects would be, 

why they should be viewed as substantial, and an explanation ofthe causal relationsliip 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) 

7 
7042 

ENCLOSURE => 

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

P.9 

Dated: Febraary 14.199L 

Paul LapsWy, 

Director. Regulatory Management Division. 

(FR Doc 91-4113 Filed 2-31-81; MS am] 

•HU M COOt SCSO-4BMI 

(AD-fRL-3308-31 

Disclosure of Emission Data Claimed 

aa Confidential Under Sections 110 

and 114(c) of » • Clean Air Act 

AOCMCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of policy on public 

release of certain emission data 

submitted under sections 110 and 114(c) 

of the Clean Air Act (CAA). 

SUMMJUIY: Section 114(c) of the CAA 

excludes emission data from the general 

definition of trade secret information. 

Certain classes of 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 

.ind categories of data which it 

considers excluded from a trade secret 

definition. 

DATES: Written comments pertaining to 

this notice are requested by April 22. 

1991. 

ASOMSSSS : Submit comments to: Nancy 

D. Riley. US. Environmental Protection 

Agency. Emission Standards Division. 

Mlutant Assessment Branch (MD-13), 

Research Triangle Park. NC 27711. 

POH FVIHTHERINFOftfttATtON COtnACH 

Timothy Mohin (telephone: (919) 541-

S349 commercial/FTS 629-6349) or 

Karen Blanchard (telephone: (919) 541-

5503 commercial/FTS 629-5503). 

Pollutant Assessment Branch (MD-13). 

Emission Standards Division: or Thomas 

Rosendahl (telephone: (919) 541-4404 

commercial/FTS 629-5404). National Air 

Date Branch (MD-14). Technical 

Support Division: U.S. Environmental 

Protection Agency, Research Triangle 

Park. Norm Carolina 27711. 

SUPPLEMENTARY INFORMATION: The EPA 

routinely uses the authority of sections 

UO and 114(a) of the CAA to gather 

technical infonnation from industries 

involved in operations that lead to 

emission of pollutants to the ambient 

air. This information has been used. 

among other things, lo better 

characterize emitting facilities and to 

evaluate the need for and impacts of 

potential regulation. 

information requests under sections 

UO and 114(a) of the CAA typically 

i.iriuie questions on uncontrolled and 

controlled emission rates and emission 

parameters of the pollutant or group of 

pollutants of concern. The 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 

information, or a particular 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 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* * Vl f 

the Administrator so determines, the 

information is not disdosable to the 

public. 

However, section 114(c) of the CAA 

provides that infonnation claimed to be 

a trade secret but which constitutes 

emission data may not be withheld as 

confidentiaL Although typically the EPA 

evaluates whether information 

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

data will always constitute emission 

data within the meaning of section 

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

describe, without attempting to be 

comprehensive, that infonnation which 

the EPA generally considers to be 

emission data, and which cannot qualify 

as confidential under either section 

114(c) or section UO (as set forth In 40 

CFR51J21.5U22andSlJ23)ofthe 

CAA. The EPA is Issuing this notice to 

clarify its policy and procedures, to 

facilitate the use of these data in 

automated data systems and computerbased simulation models, and to 

expedite processing of claims for 

confidentiality or requests for 

disclosure. 

The EPA presently determines that 

data submitted to it as emission data 

does not qualify as confidential if it 

meets the following definition under 40 

CFR2301(e)(2)(i): 

a. Definitions. For the purpose of this 

section: (1) Act means the Clean Air 

A c t as amended. 42 U.S.C 7401 et seq. 

(21(1) Emission data means, with 

reference to any source of emission of 

any substance into the air— 

(A) Infonnation necessary to 

determine the identity, amount 

frequency, concentration, or other 

characteristics (to the extent related to 

air quality) of any emission which has 

been emitted by Uie source (or of any 

pollutant resulting from any emission by 

the source), or any combination of the 

foregoing: 

(B) Information necessary to 

determine the identity, amount 

frequency, concentration, or other 

characteristics (to the extent related to 

air quality) of the emission which, under 

an applicable standard or limitation, the 

source was authorized to emit 

(including, to the extent necessary for 

such purposes, a description of the 

manner or rate of operation of the 

source), or any combination of the 

foregoing: 

(C) A general description of Uie 

location and/or nature of the source to 

the extent necessary to identify the 

source and to distinguish it from other 

sources (Including, to the extent 

necessary for such purposes, a 

description of tha device, installation, or 

operation constituting the source). 

The table below lists the specific data 

fields which Uie EPA presently 

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 and. therefore, other data 

might be found, in a proper case, to 

constitute emission data, 

EmiMtoa Data Raids 

Facility identification: The following data 

fields are needed ta establish the identity and 

locatioa of amission source*, this shall tlso 

include a description or en identifier of the 

device, installatioa, or operation constituting 

the source. These data ara asad to locate 

sources for dlaptrsioo evaluation and 

exposure niodeung* 

Plant Name and related point identifier* 

Address 

City 

County 

AQCR (Air Quality Control Region) 

MSA, PMSA. CMSA (Metropolitan Statistical 

Areas) 

State 

Zip Coda 

Ownership and point of contact information 

Locatianal Identifiers: 

Latitats * Longmtde. or UTM Grid 

Coordinates 

SIC (Standard Industrial Classification) 

Emission point device or operation 

description, information 

SCC (Source Classification Codes) 

Emissions Parameters-. The following data 

fields are needed to establish the 

characteristics of the emissions. This 

infonnation is needed for the analyses of 

dispersion and potential control equipment. 

Emission type 

(eg, nature of emissions such as CO»). 

particulate or a specie toxic compound. 

and origin of emissions such as process 

vents, storage tanks or equipment leaks) 

Emission rate 

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

;«.g„ the amount released to tha 

atmosphere over time such as kg/yr or 

lbs/hr) 

Release height 

(e.g. height above ground level where die 

pollutant is emitted to the atmosphere) 

Description of terrain and surrounding 

structures 

(e.g. the size of tha area associated with 

adjacent structures in square meters and 

terrain descriptions such aa 

mountainous, urban, or rural) 

Stack or vent diameter at point of emissions 

(e.g.. tha inside diameter of vent at dia 

point of emission to Uie atmosphere ia 

meters) 

Release velocity 

(e.g, velocity of release in m/sec) 

Release temperature 

(e.g, temperature of release at point of 

release in degrees Kelvin) 

Frequency of release 

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

per year) 

Duration pf release 

(e.g, the time associated with a release to 

the atmosphere) 

Concentration 

(eg., the amount of an emission stream 

constituent relative to odier stream 

constituents expressed as parts per 

million (ppm). volume percent or weight 

percent) 

Density of the emissions stream or average 

molecular weight 

(ea. density expressed as fraction or 

multiple of die density of air molecular 

weight in g/g-mole) 

Boiler or process design capacity 

tea. tiie gross heating value of fuel input to 

a boiler at its ""*"«« design rate) 

Emission estimation method 

(e.g. tha method by which tin emission 

estimate has been calculated such as 

material balance, source test use of AP42 emission factors, etc) 

Percent space hest 

(e.g. the percent of fuel used for spsce 

heating) 

Hourly maximum design rate: 

(e.g. the greatest operating rate that would 

be expected for a aource in a 1-hour 

period) 

The EPA has detennined that these 

data axe emission data and releasable 

upon request This determination 

applies to data currently held by EPA as 

well as to infonnation submitted to EPA 

in Uie future. Future requests for 

information under sections UO and 114 

of Uie CAA will indicate that these 

emission data will not be held 

confidentiaL This determination applies 

only to Uie data listed in the table. 

Determinations will continue to be made 

cn a case-by-case basis for data not 

specified in this generic determination. 

After consideration of comments on 

this policy, a revised policy/ 

determination may be published. 

Dated: February e, 1991. 

Mkhaat Shapiro, 

Acting Assiataia Administrator for Air and 

Radiation. 

(FR Doc. 91-4114 Filed 2-S0-81:8*3 am| 

4jpi|4nq COOK HIS 10 M 

(CPP-200000A; FRL-0879-4) 

Request for Proposals; Research and 

D4jjveioptn«nt on Antiinterobtal Test 

Matnodolocjy and Statistical Support 

on Exparlrnarttal Design 4tnd Data 

Analysis; Extension of Proposal 

Deadline 

A0.4tNCr. Environmental Protection 

Agency (EPA). 

ACTION: Extension of proposal deadline. 

SUMMARY: This notice announces Uie 

extension of deadline for a Request for 

Proposal that published in the Federal 

Register of December 6.1990. The 

Request for .Proposal was published to 

solicit proposals which will result ln the 

development of a reproducible, reliable, 

and statistically valid sporiddal test 

method used to evaluate the efficacy of 

antimicrobial products bearing sterilizer 

or sporicidal claims. In addition, 

proposals for statistical support to 

independenUy evaluate Uie 

experimental designs of projects and to 

analyze results from on-going test 

methodology research were also 

solicited. 

DATES: The new deadline for proposal 

submission to the Agency ia February 

28.1991. 

ADDRESSES: The original and eight 

copies must ba sent toe Grants 

Operations Branch (PM-216F). 

Environmental Protection Agency. 401M 

SU SW, Washington. DC 20400. One 

copy of the original muat be sent to: 

Susan Parker. Registration Division 

(H7505CL Environmental Protection 

Agency, 401M St, SW, 204430. 

Application Kits may be obtained from: 

Grants Operations r3ranch (PM-216F). 

Environmental Protection Agency. 401M 

St, SW, Washington. DC 2046a or calk 

(202)382-5266. 

FOR FURTHER INFORMATION CONTACT: 

Susan Parker. Registration Division 

(H7S0SC). Environmental Protection 

Agency. 401M St, SW, Washington. DC 

20460. Phone number (703) 557-2141. 

SUtiPlEMENTARV INFORMATION: EPA 

issued a Request for Proposal in the 

Federal Register of December 6.1990 (55 

FR 50363). The original submission 

deadline was January 30,1991: the new 

deadline for proposal submission is 

extended to February 28.1991. 

Dated: February _*, i<joi. 

Douglas 0. Campt 

Director. Offlce of Pesticide Programs. 

[ITt Doc 91-4120 Filed 2-20-91:8:45 am. 

SBJjnacooe.es 

(OPPM80S41; FRL-3877-«| 

Emergency Exemptions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has granted specific 

exemptions for Uie control of various 

pests to the seven States as listed below 

and one by the United States 

Department of Agriculture. Four crisis 

exemptions were initiated, two by the 

• Florida Department of Consumer 

Services and two by the United States 

Department of Agriculture. These 

exemptions, issued during the months of 

November and December, except for the 

one in October, are subject to 

application and timing restrictions and 

reporting requirements designed to 

protect the environment to the maximum 

extent possible. Information on these 

restrictions is available from Uie contact 

persons in EPA listed below. 

DATES: See each specific and crisis 

exemption for its effective date. 

FOR FURTOCT INFORMATION CONTACT. 

See each emergency exemption for the 

name of the contact person. The 

following infonnation applies to all 

contact persona: By mail: Registration 

Division (H750SQ. Office of Pesticide 

Programs, .Environmental Protection 

Agency. 401M SU SW, Washington. DC 

20460. Office location and telephone 

number Rm. 716, CM #2.1921 Jefferson 

Davis Highway. Ariington. VA (703-

557-1806). 

SUFFt£MENTARY tNFQnMATlOW EPA has 

granted specific exemptions to the: 

1. California Department of Food and 

Agriculture for the use of chlorothalonii 

on mushrooms to control verticillium 

diseases: November 14.1990. to 

November 13.1991. (Susan Stanton) 

2. California Department of Food ar.d 

Agriculture for the use of avermectin Bi 

on celery to control serpentine 

leafminers: November 19,1990. to 

November 18.1991. (Libby Peraber'or.) 

3. California 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 pendimeUialin on spearr.uv . . 

and peppermint to control kochta an: 
P.11 

Enclosure 4 

USE/ 

%«*o* c 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

Office of Air Quality Planning and Standards 

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 Expires: August 1, 1996 

J/614h) S. Seit z J 

Director 

Office of Air Quality Planning 

and Standards 

10 
Enclosure. 5 

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y

, t "X 

w UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

| r^eK^ 5 Office of Air Quality Planning and Standards 

% ^V|V^ / Research Triangle Park, North Carolina 27711 

December 1995 

Summary of OAQPS 

Procedures for Safeguarding Clean Air Act (CAA) 

Confidential Business Information (CBI) 

1. Purpose 

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 Information. 

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

d. Clean Air Act Confidential Business Information Security Manual (June 199S 

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: 

Confidently 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. Background 

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 particular 

part thereof, (other than emission data) to which the Administrator has access 

under this s«5Ction if made public, would divulge methods or processes entitled to 

protection as trade secrets of such person, the Administrator shall consider such 

records, report, or information or particular portion thereof confidential in 

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

Code, except that such record, report, or information 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 ofthe 

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 infonnation 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 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 ______ need for the information; and 

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

the regulations contain the Agency's basic rule 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 for infonnation 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," wliich was designed to meet the requirement 

of 40 CFR Part 2 discussed above. 

b. Receipt of C M Confidential Business Information 

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

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

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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 information to determine whether it is likely to be confidential in contrast 

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

its holder with a competitive advantage. If the information is clearly not confidential, the Group 

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

finding. If the infonnation 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 correct 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 and 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 from the owner via an authorized representative or a third party, the same procedure is 

followed, with the addition of clearly identifying the infonnation 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. 

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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. Normal 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 with a changeable 

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

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

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

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

conformance whh the requirements ofthe EPA Security Manual. 

Combinations ofthe locks are normally changed whenever a person with lcnowledge 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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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 s<scure 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 Infonnation 

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 permitted 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 which 

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 information 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 

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. 

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(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 has been asserted or if there 

is reason to believe that a claim might be made if the business knew 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 Ijecome 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 information 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 Information 

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

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

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

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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 officid the information 

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. 

Following m 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, information 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 Attacliments 

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Attachment A 

CAA CONFIDENTIAL BUSINESS INFORMATION 

CONTROL RECORD 

I 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: 

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

CHECK-OUT 

SIGNATURE DATE TIME 

• • 

CHECK-IN 

SIGNATURE DATE TIME 

CAA CBI Form 1 (Rev. 6/95) 

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Attachment B 

1. AUTHORIZATION FOR ACCESS TO CAA CBI FOR CONTRACTOR EMPLOYEES 

FULL NAME 

SSN 

POSITION 

CONTRACTOR 

It is the 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 their security responsibilities for CAA CBI. 

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

SIGNATURE OF AUTHORIZING OFFICIAL* 

TITLE 

TELEPHONE NO. DATE 

LOCATION 

IL CraNFTOENTIALITY AGFfcEEMENT TOR CWNTJRACTO R EMPLOYEES 

I understand that I will have access to certain 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 that I am liable for a possible fine of up to $1,000 and/or imprisonment for 

up to 1 year ifl willfully disclose CAA CBI to any person not authorized to receive it In addition I 

understand that I may be subject to disciplinary action for violation of this agreement whh penalties 

ranging up to and 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 Busuress Information Security Manual. 

I have read and understand these procedures. 

SIGNATURE TELEPHONE NO. DATE 

HI. HAVING COMPLETE REQUIRED TRAINING AND PASSED REQUIRED 

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

ACCESS TO CAA CBI. 

SIGNATURE CONTRACTOR/DCO TELEPHONE NO. DATE 

* Must be Contractor Management 

CAA CBI Form 3 (Rev. 6/95) 

It