June 11, 2010

William Belden, Jr., Chairman & CEO The Belden Brick Company P.O. Box 20910 Canton, OH 44701

Re: Requirement to provide information according to Title 42 of the United States Code, Chapter 85, Subchapter I, Part A, section 7414 (42 U.S.C 7414)

Dear Mr. Belden:

Pursuant to section 114 of the Clean Air Ac t (CAA), the U.S. Environmental Protection Agency (EPA) is requesting that you provide information on the following:

 Startup, shutdown, and malfunction (SSM) events at all of your brick and structural clay product (BSCP) manufacturing facilities , as described in Enclosure 1.

 Emissions of hydrogen fluoride (HF), hydrochlor ic acid (HCl), metals, dioxins/furans, and particulate matter (PM) from the tunnel kilns listed in Enclosure 2.

 Emissions of dioxins/furans from the dryers associated with the tunnel kilns listed in Enclosure 2.

We request that you send the information re garding emissions from the P8SCRUB stack at your Sugarcreek, OH facility to us by September 15, 2010. We request that emissions data from the remaining stacks identified in Encl osure 2 be provided by December 15, 2010. If you believe that certain sources are re presentative of the other sources a nd that testing a subset of the sources could be done and used to provide data and information that would apply to other, untested sources, EPA is willing to consider a propos al from you to do representative testing. At a minimum, such a proposal would need to s how a similarity in raw materials, process equipment, emission control device, and equipmen t size between the sources and be approved by EPA in writing.

Enclosure 3 provides additional information on the pollutants to be tested and the requirements for conducting and re porting the emission tests.

Enclosure 4 contains a summar y of our legal authority in section 114 of the CAA to obtain the information that is now being requested. If you beli eve that providing any specific information to us would reveal a trade secret, plea se identify this information clearly in the test report that you submit in response to this request. Enclosure 4 describes the type of information that EPA may ask of you at a later time to prove that any information you have so identified is truly confidential. Any information determined to be a trade secret will be protected by 18 U.S.C. 1905. If you do not claim as confidentia l any of the information you submit in responseto this request, we can make the information avai lable to the public wit hout notifying you further (40 CFR Part 2.203, September 1, 1976). Because section 114 of the CAA does not allow emissions data to be claimed as confidential, th e emissions data you provide to us can be made available to the public. A detail ed explanation of what we cons ider to be emissions data is contained in Enclosure 5. Pleas e take note of Enclosure 5 when identifying any information in your submittal that you are claiming as confidential.

We have contracted RTI International (RT I) (Contract No. EP-D- 06-118) to help us gather information about your indus try. As noted in Enclosure 6, we have designated RTI to be our authorized representative. Therefore, RT I has the same rights discussed above and in Enclosure 4 as EPA has. This means that RTI wi ll have access to all information you provide to us. As a designated representative of the Agency, RTI must, by law, also abide by the requirements of 42 U.S.C. 7414(c) in regard to the confidentiality of what you claim to be trade
secrets.
Enclosure 7 summarizes our policies and procedures for handling trade secret information and describes how our contractor also is required to use the same procedures as we do. Because our contractors or other authorized representati ves are required to follow the requirements in Enclosure 6, your rights and any pr ivileged information you submit to us will be protected.

Each facility subject to emissi ons testing should prepare a site -specific test plan prior to testing. A site-specific test pl an addresses the planning and qual ity assurance and quality control procedures and acceptance criteria fo r all of the testing, including th e collection of process data. Please note that you do not have to submit a test plan to EPA for appr oval prior to testing. However, the EPA Electronic Reporting Tool (ERT ) Version 3, in which EPA requires that data be reported, requires that a test plan be entered into the program prior to submitting test results. Enclosure 8 provides an example of the EPA ER T Version 3 test plan. Enclosure 9 provides guidance for developing a si te-specific test plan.
You are requested to notify your state air regulatory agency or designated permitting authority at least 21 days before the requested stack tests are schedul ed to begin. Detailed instructions on how and where to submit the data are provided in Secti on 4.0 of Enclosure 3.

If you have questions regarding the need for this request or need clarification on the information we are requesting, please contact Jeffr ey Telander with EPA’s Office of Air Quality Planning and Standards at 919-541-5427 (e-mail: telander.jeff@epa.gov). Please return the requested information to Mr . Telander by September 15, 2010.The collection of the information requested in this letter is pa rt of EPA’s effort to obtain the best information available to develop the standa rd. Your help in providing this information is greatly appreciated.

Sincerely,

Peter Tsirigotis Director, Sector Polici es and Programs Division Office of Air Quality Planning and Standards

9 Enclosures

Enclosure 1: SSM survey Enclosure 2: Emissions sources to be tested Enclosure 3: Summary of test proced ures, methods, and reporting requirements Enclosure 4: EPA’s information gathering authority Enclosure 5: Clarification of what EPA considers to be emissions data Enclosure 6: Summary of contractor’s authority as repres entative of EPA Enclosure 7: Procedures for safeguarding CBI under the CAA Enclosure 8: Example EPA ERT Vers ion 3 test plan & list of requi red data entry fields for data reported in ERT Enclosure 9: Site-specific te st plan development guidance

cc: Mr. Robert Hodanbosi, Chief, Division of Air Pollution Control, Ohio Environmental Protection Agency (w/o enclosures) Ms. Cheryl Newton, Acting Dire ctor, Air Division, U.S. Envi ronmental Protection Agency, Region V (w/o enclosures)Enclosure 1

The questions below apply to startup and shut down that resulted in exceedances of permit conditions at an affected source or portion of an affected source.

1. Please provide the following information for your facility:

A. Facility ID, consisting of the first four letters in the parent company name, followed by a number (e.g., ABCD-1, ABCD-2, etc.);

B. Facility name;

C. Address (including cit y, state, and zip code);

D. Mailing address (if different); and

E. Latitude and longitude c oordinates of the facility.

2. For each startup and shutdown event that occu rred over the last 3 years, please provide the following information requested in A. through J.

A. Using the definitions provided below, i ndicate whether the event was a startup or shutdown. Startup: the setting in operation of an affected source or portion of an affected source for any purpose. Shutdown: the cessation of operation of an affected source or portion of an affected source for any purpose.

B. A description of the event, including iden tification of the emissions source or sources associated with the startup or shutdown;

C. Whether any permit condition was exceed ed and, if so, what permit condition was exceeded;

D. Whether the event was covered by any contingency plan for controlling emissions during startup and shutdown even ts and, if so, whether the plan was followed; if the plan was not followed, why not;

E. The duration of the event;

F. The actions taken to minimize emissions during the event, including the use of any backup control systems;

G. Estimates or measurements, if any, of em issions during the event; if you did not have the ability to quantify emissions duri ng the event, please explain why;H. Whether the emission profile of each uni t was different during startup and shutdown than during normal operating conditions and, if so, how emissions were different and why; please provide any supporting information;

I. All performance test data collected during each period of startup and shutdown; the test method used for each event; when the testing was conducted and why; the test conditions at the time of testi ng; and whether the tests were associated with a routine startup or shutdown; and

J. All monitoring data, including control sy stem parameter monito ring, collected during each period of startup and shutdown.

If this information is containe d in periodic and immediate star tup and shutdown reports (either stand-alone or contained within the period ic excess emissions report) submitted to your permitting authority, you may submit copies of those reports instead.

3. Please submit a copy of your startup and shutdo wn plan if you are required to develop one.

4. Optional: Do you wish to recommend a stan dard that would apply during startup or shutdown? If so, please describe the type of event to which the standard would apply; the recommended standard (this could be an emi ssion limitation, work practice, or operational standard) that would apply duri ng the period; the basis for the recommended standard; why and how the standard would minimize emissions dur ing the event; and how would compliance be determined and/or monitored.Enclosure 2Tunnel Kilns To Be Tested Along With Associated DryersaEU TypeEU IDDesignCapacity(tph)Control DeviceControl/Stack IDPollutants to testbBelden Brick, Plants 2, 3, & 8 – Sugarcreek, OHTunnel Kiln P201 10.65 Dry sorbent injection/fabricfilterP2KILSCR &P2KILBAGHF, HCl, Cl2, metals, dioxins/furans,PM(filterable)Tunnel Kiln P301 13.70 Dry sorbent injection/fabricfilterP3KILSCR &P3KILBAGHF, HCl, Cl2, metals, dioxins/furans,PM(filterable)Tunnel Kiln P801 7.77 Dry sorbent injection/electrostatic precipitatorP8SCRUB(combined stack)HF, HCl, Cl2, metals, dioxins/furans,PM(filterable)Tunnel Kiln P802 7.77Tunnel Kiln P803 7.77aAssociated dryers to be tested for dioxins/furans only.bHF = hydrogen fluoride, HCl = hydrochloric acid, Cl2= chlorine, PM = particulate matter. Note:Metals analysis requires weighing the filterand reporting that value as PM filterable.Enclosure 3

Summary of Test Procedures, Me thods, and Reporting Requirements This document provides an overview of approved me thods, target pollutant units of measure, and reporting requirements for brick a nd structural clay products (BSC P) industry emissions testing. Refer to Enclosure 2 of the Section 114 letter you received for the specif ic sources and pollutants for which emissions data are requested. Th is document is organized as follows:

1.0 Stack Testing Procedures and Methods 2.0 How to Report Data 3.0 How to Submit Data 4.0 Contact Information for Questions on Test Plan and Reporting 

### 1.0 Stack Testing Procedures and Methods
1.1 How to Select Sample Location and Gas Composition Analysis Methods U.S. EPA Method 1 of Appendix A of Part 60 must be used to select the lo cations and number of traverse points for sampling. Please note that , for sources equipped with emission controls, you are required to sample only at the outlet of the control device. If any of the sources to be tested have multiple outlets or stacks, you must test a ll outlets/stacks simultaneously. For a complete copy of the method and guidance information, see http://www.epa.gov/ttn/emc/methods/method1.html

. Analysis of flue gas composition, including oxygen concentration, must be performed using U.S. EPA Methods 3A or 3B of Appendix A of Part 60. See http://www.epa.gov/ttn/emc/methods/method3a.html for Method 3A or http://www.epa.gov/ttn/emc/methods/method3b.html for Method 3B information.

1.2 Source Test Methods Table 1.1 presents a summary of the recommende d test methods for each pollutant, alternative methods, minimum number of tests runs require d, minimum test run duration, and units of measure. For copies of the recommended U.S. EPA methods and additional information, please refer to EPA’s Emission Measurement Center website: http://www.epa.gov/ttn/emc/ . If you would like to use a method not on this list, plea se contact EPA for appr oval of an alternative method.

Please take note of the following requir ements regarding the emission tests:

 Extended test runs (4 hours per run) are required for the EPA Method 23 tests for dioxins and furans.

 All tests must be performe d with the process and emi ssion control devices operating under normal conditions.

Please provide a complete copy of the emission test report(s) with al l appendices, including a description of test methods and any deviations from the test me thods or other anomalies that occurred with the process or control device operations during the test; run-by-run emission data; sample calculations; field data sheets and not es; laboratory data; and quality assurance and2 quality control activities performe d. In addition to the emission te st data, you should also report the following process information recorded at th e time of, and during, the emissions test: stack or exhaust gas flow rate (as determined using U.S. EPA Method 2, 2F, or 2G); production data, as indicted in Table 1.2; emi ssion control devices in use duri ng the test; and control device operating or monitoring parameters as indicated in Table 1.3.

Table 1.1. Summary of BSCP Source Test Methods and Alternative Methods

Pollutant Recommended Method Alternative Method Minimum No. of Test Runs and Duration Target Reported Units of Measure a
Tunnel Kilns HCl, HF, and Cl 2 U.S. EPA Method 26A U.S. EPA Method 320 Three 1-hour runs kg/hr, kg/Mg of product, and ppmvd@ 7% O 2 HAP metals and PM (filterable) c U.S. EPA Method 29 None Three 1-hour runs kg/hr, kg/Mg of product, and mg/dscm @ 7% O 2 Dioxins/furans U.S. EPA Method 23 None Three 4-hour runs kg/hr, kg/Mg of product, and ng/dscm @ 7% O 2 Flow rate U.S. EPA Method 2, 2F, or 2G None Simultaneous with each pollutant test run acmm and dscmm

O 2 U.S. EPA Method 3A U.S. EPA Method 3B Simultaneous with each pollutant test run Volume %, dry

Moisture U.S. EPA Method 4 None Simultaneous with each pollutant test run Volume %

Brick Dryers Dioxins/furans U.S. EPA Method 23 None Three 4-hour runs kg/hr, kg/Mg of dried brick, and ng/dscm @ 7% O 2 Flow rate U.S. EPA Method 2, 2F, or 2G None Simultaneous with each pollutant test run acmm and dscmm

O 2 U.S. EPA Method 3A U.S. EPA Method 3B Simultaneous with each pollutant test run Volume %, dry

Moisture U.S. EPA Method 4 None Simultaneous with each pollutant test run Volume %

a kg/hr = kilograms per hour; kg/Mg = kilograms per megagram; ppmvd = parts per million by volume, dry basis; mg/dscm = milligrams per dry standard cubic meter; ng/dscm = nanograms per dry standard cubic meter; acmm = actual cubic meters per minute; and dscmm = dry standard cubic meters per minute. See Table 1.2 for format of production data.
b A copy of the method can be found at: http://www.epa.gov/ttn/emc/prelim.html

c Includes antimony, arsenic, beryllium, cadmium, chromium, cobalt, lead, manganese, mercury, nickel, and selenium. In addition, weigh filter and report as PM filterable.

Table 1.2. Production Data Requested a
Source Type Production Data Format Kiln Megagrams of fired brick produced per hour Brick dryer Megagrams of brick dried per hour

a For each hour of testing or each test run

.3 Table 1.3. Control Device Monitoring

Control Device a Parameters to be Monitored During Test Wet scrubber Pressure drop, liquid flow rate, sorbent type and feed rate DIFF Sorbent type and injection rate DLS/FF Sorbent type and injection rate Fabric filter No monitoring required

a DIFF = dry sorbent injection fabric filte r; DLS/FF = dry lime scrubber/fabric filter. 

### 2.0 How to Report Data The method for reporting the resu lts of any testing and monitoring requests depends on the type of tests and the type of methods used to complete the test requirements. This section discusses the requirements for reporting the data.

2.1 Reporting Stack Test Data If you conducted a stack test us ing one of the methods listed in Table 2.1, shown below, you must report your data using the EPA Electroni c Reporting Tool (ERT) Version 3. ERT is a Microsoft ® Access database application. Two versions of the ERT application are available. If you are not a registered owner of Microsoft ® Access, you can install th e runtime version of the ERT Application. Both versions of the ERT are available at http://www.epa.gov/ttn/chief/ert/ert_tool.html . The ERT supports an Excel spreadsheet application (which is included in the files downloaded with the ERT) to document the collection of the field sampling data. After completing the ERT, you will also need to attach an electronic copy of the emission test report (PDF format pref erred) to the Attachments module of the ERT.

Table 2.1: List of Test Methods Supported by ERT
Test Methods Supported by ERT Methods 1 through 4 Method 3A Method 23 Method 26A Method 29

If you conducted a stack test using a method not currently supported by the ERT, you must report the results of this test in a Microsoft ® Excel Emission Test Template. The Excel templates are specific to each pollutant and type of unit, and they can be downloaded from the Brick and Clay Ceramics MACT ICR 2009 website https://icr 2010.rti.org. You must re port the results of each test on the appropriately labe led worksheet corresponding to the specific tests requested at your facility. If more than one source at your facility wa s tested using methods not currently supported by the ERT, you must make a copy of th e worksheet and update the source ID in order to distinguish between each separate test. Af ter completing the worksheet, you must also submit an electronic copy of the emission te st report (PDF format preferred).

2.2 Required Fields for ERT Reporting Enclosure 8 provides an EPA ERT Version 3 example test plan and lists each field within the ERT and notes whether or not the field is required or optional.4 2.3 Reporting Measured Values Below the Detection Level Identify the status of measured values relative to detection levels on the spreadsheet or in the ERT using the following descriptions:

 BDL (below detection level) – a ll analytical values used to calculate and report an instack emissions value are less than the la boratory’s reported de tection level(s);

 DLL (detection level limited) – at least one but not all values used to calculate and report an in-stack emissions value are less than the laboratory’s reported detection level(s); or

 ADL (above detection level) – all analytical va lues used to calculate and report an instack emissions value are greater than the laboratory’s reported detection level(s).

For each reported emissions value, insert the appropriate flag (BDL, DLL, or ADL) in the Notes line of Excel emission test spreadsheet template or in the Comments line of the Electronic Reporting Tool (ERT).

When reporting and calculati ng individual test run data:

 For analytical data reported from the lab as “nondetect” or “below detection level;”

 Include a brief description of the procedures used to determine the analytical detection and in-stack detection levels:

o In the Notes line of Excel emission test spreadsheet template; or

o In the Comments line of Lab Data tab in the Run Data Details in the ERT

.

 Describe these procedures completely in a separate attachment including the measurements made, the standards used, a nd the statistical procedures applied.

 Calculate in-stack emissions rate for a ny analytical measurement below detection level using the relevant detec tion level as the “real” value.

 Report the calculated emissions concentration or rate result:

o As a bracketed “less than” detec tion level value (e.g., [<0.0105]) in the Excel emission test spreadsheet template and include the appropriate flag in the Notes line; or

o As a “real” value in the ERT with the appropriate flag in the Comments line.

 Report as “real” values (i.e., no bracket s or < symbol) any analytical data measured above the detection level incl uding any data between the analytical detection level and a laboratory-specific re porting or quantifica tion level (i.e., flag as ADL).

 Apply these reporting and calculation pro cedures to measurements made with Method 23 :

o Report data in the Excel emission test spreadsheet template for each of the D/F congeners measured with Meth od 23 below the detection level as [< detection level].

o Do not report emissions as zero as described in the method.5  For pollutant measurements composed of mu ltiple components or fractions (e.g., Hg and other metals sampling trains) when the re sult for the value for any component is measured below the analytical detection level:

 Calculate in-stack emissions rate or c oncentrations as outlined above for each component or fraction;

 Sum the measured and detection level values as outlined above using the in-stack emissions rate or concentrations for all of the components or fractions; and

 Report the sum of all components or fractions:

o As a bracketed “less than” detec tion level value (e.g., [<0.0105]) in the Excel emission test spreadsheet templa te and include the appropriate flag in the Notes line; or

o As a “real” value in the ERT with the appropriate flag in the Comments line.

 Report also the individual component or fr action values for each run if the Excel emission test spreadsheet template or ERT format allows; if not (i.e., the format allows reporting only a single sum value):

o For the Excel emission test spreadsheet template, next to the sum reported as above report in the Notes line the appropriate flag along with the values for the measured or detection level value for each component or fraction as used in the calculations (e .g., 0.036, [<0.069], 1.239, [<0.945] for a four fraction sample).

o For the ERT , next to the sum reported as above, report on the Comments line the appropriate flag and the measur ed or detection le vel value for each component or fraction as used in the calculations (e.g., 0.036, [<0.069], 1.239, [<0.945] for a four fraction sample).

 For measurements conducted using instrumental test methods (e.g., Method 3A):

 Record gaseous concentration values as measured including negative values and flag as ADL; do not report as BDL.

 Calculate and report in-stack emissions rates using these measured values.

 Include relevant informati on relative to calibration gas values or other technical qualifiers for measured values in Comments line in the ERT

.

 When reporting and calculating average emissions rate or concentration for a test when some results are reported as BDL:

 Sum all of the test run values including those indicated as BDL or DLL as “real” values.

 Calculate the average emissions rate or concentration (e.g., divide the sum by 3 for a three-run test).

 Report the average emissions rate or concentration average:

o As a bracketed “less than” detec tion level value (e.g., [<20.06]) in the Excel emission test spreadsheet templa te and include the appropriate flag in the Notes line.

o As a “real” value in the ERT and include the appropriate flag in the Comments line.6 

### 3.0 How to Submit Data
You may submit your data in any of the ways liste d below. However, in order to avoid duplicate data and keep all data for a particular facility together, we request that you submit all of the data requested from each of your facilities in the same way. To submit your data:



###  E-mail an electronic copy of all requested files to telander.jeff@epa.gov

.



###  If the files are too large for your e-mail sy stem, you may upload the electronic files to a website; if you would like to use this option, send an email to rjmarinshaw@rti.org for instructions on how to access the site.



###  Mail a CD or DVD containing an electronic copy of all requested files to the EPA address below:

Jeffrey Telander U.S. EPA Mailroom (D243-02) U.S. Environmental Protection Agency Office of Air Quality Pl anning and Standards 109 T.W. Alexander Drive Research Triangle Park, NC 27711



###  If no electronic copy is available, mail a ha rd copy of all requested files to the aforementioned EPA address.



###  If the process data or other information you are providing is cons idered confidential, please create a separate CD or DVD containing only the conf idential portion of your data or prepare a copy of the hard copy materials containing only the pages that include the information you consider confidential. Clearly mark the disk and/or materials with the words “Confidential Business Information.” Se nd these confidential files under separate cover to the attention of Jeff Telander at the following address:

Roberto Morales, Document Control Officer U.S. EPA Mailroom (C404-02) U.S. Environmental Protection Agency Office of Air Quality Planning and Standards 109 T.W. Alexander Drive Research Triangle Park, NC 27711

For the security of your data, EPA recomme nds sending your confidential files to Mr. Morales via Registered U.S. Ma il using return receipt requeste d, Federal Express, or other method for which someone must provide a sign ature upon receipt. Do not electronically transmit confidential business information (CBI) to EPA. E-mail and facsimile are not secure forms of communication and should never be used to transmit CBI.7 

### 4.0 Contact Information for Questions on Test Plan and Reporting

For questions on how to report data using the ERT, contact:
Ron Myers (U.S. EPA) (919) 541-5407 myers.ron@epa.gov OR Barrett Parker (U.S. EPA) (919) 541-5635 parker.barrett@epa.gov

For questions on the te st methods, contact:

Peter Westlin (U.S. EPA) (919) 541-1058 westlin.peter@epa.gov OR Gary McAlister (U.S. EPA) (919) 541-1062 mcalister.gary@epa.gov

For questions on the Brick and Structural Clay Products Industry test plan, test methods, and reporting mechanisms other than the ERT, contact:

Jeff Telander (U.S. EPA) (919) 541-5427 telander.jeff@epa.gov

For questions on uploading file s to the website, contact:

Richard Marinshaw RTI International (919) 316-3735 rjmarinshaw@rti.org* Section 114 requires public availability of all emission data and authorizes disclosure of confidential information in certain circumstances. See 40 FR 36902 - 36912 (September 1, 1976)

(Rev. 12/8/95) Enclosure 4

EPA’s Information Gathering Authority Under Section 114 of the Clean Air Act

Under Section 114 of the Act (42 U.S.C. 7414), Congr ess 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 Sec tion 100 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 Act.” Among other things, Section 114 authorizes EPA to make inspections, conduct tests, examine records, and require owners or operators of emission sources to submit information reasonably required for the purpose of developing such standards. In addition, the EPA Office of General Coun sel 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, re quest that EPA treat such information as confidential. Information obtained under Section 114 a nd 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, s ubstantive criteria to be used in su ch 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 36902).

Pursuant to §2.204(a) of EPA’s Freedom of Informati on 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 confidentia l treatment even though no request for release of the 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 agains t 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 determinations, 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 positi on, and if so, what those harmful effects would be, why they should be viewed as substantial, and an expl anation of the causal relationship between disclosure and such harmful effects.Enclosure 5Enclosure 7

January 2002



## Summary of Procedures for Safeguarding Clean Air Act Confidential Business Information

1. Purpose

This memorandum describes U.S. Environm ental Protection Agency (EPA), Office of Air Quality Planning and Standard s (OAQPS) policy and procedures set forth for the handling of information claimed as Confidential Business Information (CBI), whether submitted voluntarily or obtained under Section 114 of the Clean Air Act (CAA), and governed by EPA regulations in 40 Code of Federal Regulations (CFR), Part 2, Subpart B, and other EPA regulations and policies.

2. Reference Documents:

a. Clean Air Act, as amended. b. 40 CFR, Chapter 1, Part 2, Subpart B - Confidentiality of Business Information. c. EPA Information Security Manual. d. Clean Air Act Confidential Business In formation Security Manual (January 2002).

3. Exception:

This document was prepared as a summary of data gathering a nd handling procedures used by the OAQPS of the 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 claimed by the provider to be confidential. This information may be identifi ed with such titles as trade secret, secret, administrative secret, company secret, secret pr oprietary, privileged, admi nistrative confidential, company confidential, confidentia l proprietary, or proprietary. NOTE: These markings should not be confused with the classi fication markings of national secu rity information identified in Executive Order 11652.2

5. Background

Section 114 (c) of the CAA, as amended, reads as follows:

“Any records, reports, or information obtained un der 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 partic ular 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 Admi nistrator shall consider such record, report, or information or particular portion thereof confidentia l 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 Ac t or when relevant in any proceeding under this Act.”

The treatment of CBI by EPA, including data obtained under Section 114 of the CAA, is governed by 40 CFR Part 2. These regulations requi re EPA offices to include a notice with each request for information to inform the business of: (1) its right to assert a claim of confidentiality covering part or all of the information, (2) the me thod for asserting a claim, and (3) the effect of failure to assert a claim at time of submissi on. In addition, the regulations: (1) set forth procedures for the safeguarding of confidential information, (2) contain provisions for providing confidential information to authorize representati ves, (3) contain provisio ns for the release of information to the Congress, Comptroller Gene ral, other Federal agen cies, 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) pr ohibit wrongful use of such information and cite penalties for wrongful disclosure. Further, th e regulations contain the Agency’s basic rule concerning the treatment of requests for info rmation under the Freedom of Information Act (FOIA) (5 U.S.C. 552).

6. Procedures:

a. Request for Information.

Each request for information made under the provisions of Section 114(a) is signed by the Division Director. The re quest includes standard enclosur e “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 CAA CBI.

Upon receipt of information for which conf idential treatment has been requested, the OAQPS Document Control Officer (DCO) logs in the material and a permanent file is established. If part of the material is claimed to be confid ential, that portion should be marked “Subject to Confidentiality Cl aim.” In compliance with Se ctions 2.204 and 2.208 of 40 CFR

Part 2, the Group Leader responsible fo r the requested information reviews the information to determine the validity of the confid entiality claim as prescribed by the sections. If the information is clearly not c onfidential, the Group Leader prepar es a letter for the signature of3

the responsible Division Director to notify the business of this finding. Information claimed as confidential is hand carried to the OAQPS CBI Office to be logged into the OAQPS CAA CBI tracking system and filed for safekeeping. The OAQPS CAA CBI tracking system provides a brief description of the material (submitter, subj ect, number of pages, etc.), identifies it with the correct project number or work assignment number , and lists those persons who are authorized to have access to the information. A record of pe rsonnel accessing the inform ation (Attachment A) is also kept on filed. By regula tion, confidential information must be so marked or designated by the originator. 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) may be authorized for public release.

c. Storage of CAA CBI.

Folders, documents, or material containi ng CAA CBI (as defined) shall be secured according to the instructions lis ted in the OAQPS Security Manual. In addition, the CBI storage area that has been identified sp ecifically for that purpose is equipped with a supplementary locking device. The storage area and files ar e under the direct control of the OAQPS DCO.

Access to the storage area is limited to th e DCO, Document Control Assistant, and the minimum number of persons required to effectively maintain normal business operations as directed by the Director, Pl anning, Resources, and Regional Management Staff (PRRMS).

Files may be issued upon confirmation that the requesting individua l is authorized to receive the information. All conf idential files must be returned no later than close of business on the same day. The intended user must sign th e CBI Control Record when checking out files.

Individuals signing out confiden tial files are re sponsible for their safekeeping. Files must never be left unattended. The information mu st not be disclosed to any non-authorized personnel.

Storage procedures for CAA CBI by an aut horized representative of EPA (see Section d. below) must be, at a minimum, as secure as those established for EPA offices within OAQPS. Whenever CBI is removed from the EPA files to be transmitted to an aut horized representative, a notation is made in the file’s control record and transfer log indicati ng what information was transmitted, the date, and the recipient. The author ized representative returns a signed receipt to the DCO.

d. Access to CAA CBI.

Only authorized EPA employees may open or distribute CAA CBI.

Only employees who require, have a need to know, and are authorized access to CAA CBI in the performance of their official du ties are permitted to review documents and, upon receiving a confidential document, must sign and date the form show n in Attachment A to certify their access to the document.

The Group Leader having primary res ponsibility for the CAA CBI provides a memorandum to the DCO designating those personne l authorized to access specific CBI. No4

person is automatically entitled to access based sole ly on grade, position, or security clearance. The names of persons granted access to CAA CBI are placed on the CAA CBI access list. The CAA CBI access list 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. As au thorized representatives, contractors may be granted access to CAA CBI. The following condition s apply when it has been dete rmined that disclosure is necessary:
(1) The contractor designated as a repres entative and its employees (a) may use such confidential information only for the purpose of carrying out the wo rk required, (b) must refrain from disclosing the information to anyone othe r than EPA without havi ng 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 abst racts or excerpts there from) upon request or whenever the information is no longer re quired for the perfor mance of the work.

(2) The authorized contractor designated as a representative must obtain a written confidentiality agreement from each of its employees who will ha ve access to the information. A copy of each employee agreement (Attachment B) must be furnished to EPA before access is permitted.

(3) The contractor designa ted 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 EP A and any affected business having a proprietary interest in the information.

Information may be released to or accessed by EPA employ ees other than OAQPS employees only upon approval of the Director, PRRMS.

Requests for CAA CBI from other Federal agen cies, Congress, the Comptroller General, Courts, etc., are processed in accord ance with 40 CFR Part 2, Subpart B.

Requests under the FOIA are handled in accordance with 40 CFR Part 2, Subpart A. The FOIA Coordinator must be cons ulted 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 kne w release was intended.

e. Use and Disclosure of CAA CBI.

The CAA CBI, as defined, may not be us ed in publications, supporting documentation, memoranda, etc., that become a part of the public domain, except as provided for in 40 CFR Part 2, Subpart B. The CAA CBI may not be summari zed without the approval of the Group Leader responsible for the CAA CBI. Any authorized re productions must be logg ed into the CAA CBI document tracking system and treated according to the same procedures applicable to the original confidential material. Documents, mate rials, or extracts of information generated by EPA which contain CAA CBI must be stamped “Subject to Confid entiality Claim” and a cover sheet must be attached to identify the material as CBI.5

f. Handling of Other Information.

Reports, memoranda, documents, etc., prepared by EPA or its authorized representatives are not normally circulated outside EPA for co mment or review prior to publication except in such cases as described in section 6 above. Ho wever, because 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:

(1) Prior to or at the inception of a plant inspection, data-gathering vi sit, or source test, EPA or its authorized represen tative discusses with a res ponsible industry official 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 indus try official being consulted.

(2) Following an inspection, visit, or test , a trip report is prep ared to include, as practicable, all information received by EPA or its authorized representati ve during the visit or test. The report may be prepared by either EPA or its authorized representative. The draft report is clearly identified with an att ached yellow cover sheet. A second c opy of the draft trip report is forwarded by EPA to the responsible industry o fficial for review. The responsible industry official is requested by cover lette r to review the report, clearly mark any information considered to be confidential, and return the edited copy to the responsible EPA employee within the time specified. The original draft is kept in the CBI file until the edited copy is returned by the business firm.

(3) When the reviewed copy is returned to EPA, informa tion designated confidential is placed in the CBI files as described above. The origin al draft of the trip repor t is edited to delete the confidential information and the trip report is authorized for release.

Attachments (2)ENCLOSURE 4 - ATTACHMENT A

EXAMPLE RECORD FO RM FOR CBI ACCESS

### CAA CONFIDENTIAL BUSINESS INFORMATION CONTROL RECORD

DATE RECEIVED: RESPONSIBLE GROUP: CONTROL NUMBER:

DOCUMENT AUTHOR: DATE OF DOCUMENT:

DESCRIPTION (PROVIDING ORGANIZATION, TITLE, SU BJECT, NUMBER OF COPI ES, NUMBER OF PAGES)

RETURN DATE: DESTRUCTION DATE: INITIALS:

EACH PERSON WHO IS GIVEN ACCESS TO THIS DOCUMENT MUST FILL IN THE INFORMATION BELOW.

SIGNATURE DATE SIGNATURE DATE 

### CHECK-OUT CHECK-IN

TIME TIME

C A A Form 1 (Re v

. 0 1 / 0 2 )ENCLOSURE 4 -- ATTACHMENT B

EXAMPLE AUTHORIZATION FORM FOR CBI ACCESSCAA CBI Security Manual (Appendix A)

I. AUTHORIZATION FOR ACCESS TO CAA CBI FOR FEDERAL EMPLOYEES

FULL NAME POSITION

SSN OFFICE
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 Federal 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* TELEPHONE NO. DATE

TITLE LOCATION

II. CONFIDENTIALITY AGREEMENT FOR FEDERAL EMPLOYEES

I understand that, in accordance with my official dutie s, I will have access to certain Confidential Business Information submitted under the Clean Ai r Act (CAA) (42 U.S.C. 7401 et seq.)

I understand that, under 18 U.S.C. 1905 and 18 U.S.C 1924I am liable for a possible fine of up to $1,000 and/or imprisonment for up to one year, if I willfully disclose CAA Confidential Business Information to any person not authorized to receive it. Additionally, I understand that, I may be subject to disciplinary action for violation of this agreement with penalties ranging up to and including dismissal.

I am aware that, I may be subject to criminal penalties under 18 U.S.C. 1001 if I have made any statement of material facts knowing that such statement is fals e or if I willfully conceal any material fact.

I agree that, upon the termination of my duties, transfer or departure from the Environmental Protection Agency, I will return all materials containing CAA Confidential Business Information in my possession to the OAQPS CBI Office.

I certify that I have read and understand these procedur es and those outlined in the CAA CBI Security Manual.

SIGNATURE TELEPHONE NO. DATE

III. THE UNDERSIGNED CERTIFIES THE ALL TRAINING AND TEST REQUIREMENTS HAVE BEEN MET BY THE EMPLOYEE.

SIGNATURE CBI MANAGER/DCO TELEPHONE NO. DATE

IV. ANNUAL RE-CERTIFICATION : I certify that, in conjunction with my duties, I require access to CAA CBI. I am current with all CBI handling procedur es and security guidelines as outlined in the CCA CBI Security Manual.

Date Date Date Date Date Date

Initial Initial Initial Initial Initial Initial

Date Date Date Date Date Date

Initial Initial Inital Initial Initial Initial CAA CBI From 2 (Rev. 01/ 02) * Must be Division Director (or equivalent) or above. A-1Test Plan
BSCP - Kiln Emission Testing

Facility Information: Enter Facility Name Enter Physical Address

City Stat Zip Code

Contact: Person to contact for more detail

Phone: Enter contact's phone number

Fax: Enter contact's fax number

Email: Enter contact's email address Testing Company: Name of primary testing organization Enter US postal address

City Stat

e Zip Code

Contact: Field Test Leader

Phone: Enter contact's phone number

Fax: Enter contact's fax number

Email: Enter contact's email address

Air Permit Number: Enter your facility's Air Permit Number Permitted Source ID/Name:
Kiln Name Kiln ID

Permitted Maximum Process Rate: Process rate (Mg fired brick/hr) Max. Normal Operation Process Rate: Process rate (Mg fired brick/hr) Target Process Test Rate Process rate (Mg fired brick/

1. What is the specific purpose for the proposed testing? The primary reason for performing this emissions test is to provide emissions data to develop emission standards for HAP.

3. Will the test results be used for other regulatory purposes (e.g., emission inventories, permit applications, etc.) beyond that stated above? If yes, explain. List any secondary purposes that you will use the data from this emissions test to address. If known, list those pollutants that are of secondary interest.

5a. Please give a brief description of the source (including control equipment) and attach source or process flow diagram: This description should describe the process and associated controls to differentiate this facility from, or document similarity with others of same SCC. An example is: The source is a tunnel kiln. Emissions are controlled by a dry sorbent injection fabric filter (DIFF).

5b. Control Devices: Industry NAICS: 327121 or 327123

4a. Enter the process data to be documented during testing.

4b. Enter the process lab data to be documented during testing. AFS #: Enter AFS Number FRS #: Enter FRS ID

SCC / Description 30500311 Industrial Processes - Mineral Products - Brick Manufacture - Curing and Firing: Gas-fired Tunnel Kilns

2. List all state and federal regulations that apply to the proposed testing:

Process Parameter Units Target Value Comments

Brick Produced Megagrams/hr 0 Provide estimated process rate for this test.

Friday, June 11, 2010 Page 1 of 5 Test PlanTest Plan
BSCP - Kiln Emission Testing

7. Please provide the following information for each test parameter. 6. Please enter sampling location information. Control Device Name List all emissions control devices in order of process flow. Choose from drop down lists. If not on list, add description and provide detailed description in section 5a.

Target Parameter Test

Method Number of

Test Runs Test Run

Duration Sample

Points Comments Location
Flowrate Method 1 - 4 3 60 0 Outlet of Control Device % H2O Method 1 - 4 3 240 0 Outlet of Control Device Flowrate Method 1 - 4 3 240 0 Outlet of Control Device % H2O Method 1 - 4 3 60 0 Outlet of Control Device 2,3,7,8-TCDD Method 23 3 240 0 Outlet of Control Device 1,2,3,7,8-PeCDD Method 23 3 240 0 Outlet of Control Device 1,2,3,4,7,8-

HxCDD Method 23 3 240 0 Outlet of Control Device 1,2,3,6,7,8-

HxCDD Method 23 3 240 0 Outlet of Control Device 1,2,3,7,8,9-

HxCDD Method 23 3 240 0 Outlet of Control Device 1,2,3,4,6,7,8-

HpCDD Method 23 3 240 0 Outlet of Control Device OCDD Method 23 3 240 0 Outlet of Control Device 2,3,7,8-TCDF Method 23 3 240 0 Outlet of Control Device 1,2,3,7,8-PeCDF Method 23 3 240 0 Outlet of Control Device 2,3,4,7,8-PeCDF Method 23 3 240 0 Outlet of Control Device 1,2,3,4,7,8-HxCDF Method 23 3 240 0 Outlet of Control Device 1,2,3,6,7,8-HxCDF Method 23 3 240 0 Outlet of Control Device 2,3,4,6,7,8-HxCDF Method 23 3 240 0 Outlet of Control Device 1,2,3,7,8,9-HxCDF Method 23 3 240 0 Outlet of Control Device 1,2,3,4,6,7,8-

HpCDF Method 23 3 240 0 Outlet of Control Device Location Round

Duct Diam. Distance from upstream dist. Distance from

downstream dist. Number of

Traverse Ports Equiv. Diam Min.Travers Points Rect. Duct Length /Width
Outlet of Control Device 0 0 0 0 0 0 0 0

Friday, June 11, 2010 Page 2 of 5 Test PlanTest Plan
BSCP - Kiln Emission Testing

1,2,3,4,7,8,9- HpCDF Method 23 3 240 0 Outlet of Control Device OCDF Method 23 3 240 0 Outlet of Control Device Other TCDD Method 23 3 240 0 Outlet of Control Device Other PeCDD Method 23 3 240 0 Outlet of Control Device Other HxCDD Method 23 3 240 0 Outlet of Control Device Other HpCDD Method 23 3 240 0 Outlet of Control Device Other TCDF Method 23 3 240 0 Outlet of Control Device Other PeCDF Method 23 3 240 0 Outlet of Control Device Other HxCDF Method 23 3 240 0 Outlet of Control Device Other HpCDF Method 23 3 240 0 Outlet of Control Device Total Dioxins Method 23 3 240 0 Outlet of Control Device Total Furans Method 23 3 240 0 Outlet of Control Device Total TEQ Method 23 3 240 0 Outlet of Control Device Chlorine Method 26A 3 60 0 Outlet of Control Device Hydrogen Chloride Method 26A 3 60 0 Outlet of Control Device Hydrogen Fluoride Method 26A 3 60 0 Outlet of Control Device Beryllium Method 29 3 60 0 Outlet of Control Device Antimony Method 29 3 60 0 Outlet of Control Device Arsenic Method 29 3 60 0 Outlet of Control Device Cadmium Method 29 3 60 0 Outlet of Control Device Chromium Method 29 3 60 0 Outlet of Control Device Cobalt Method 29 3 60 0 Outlet of Control Device Filterable

Particulate Method 29 3 60 0 Outlet of Control Device Lead Method 29 3 60 0 Outlet of Control Device Manganese Method 29 3 60 0 Outlet of Control Device Mercury Method 29 3 60 0 Outlet of Control Device Selenium Method 29 3 60 0 Outlet of Control Device

Friday, June 11, 2010 Page 3 of 5 Test PlanTest Plan
BSCP - Kiln Emission Testing

8. Describe below or attach complete documentation of all modifications and/or deviations to the applicable test methods. If alternative methods requested, attach documentation of request

9. Does the proposed sampling location meet the minimum EPA Method 1 criteria for acceptable measurement sites? Please list below or attach the supporting documentation.
In this section, provide documentation about the compliance of the sampling location to Method 1 criteria AND if the site meets these requirements, change the check box to "Yes". If the sampling location does not meet Method 1 requirements, indicate the method used to make the sampling location representative of the emissions from the source.

10. Has absence of cyclonic flow been verified per EPA Method 1 (Section 2.4)? If no, absence of cyclonic flow must be verified prior to testing. If yes, please attach supporting documentation.
This field is for the documentation of the absence of cyclonic flow that is available at the time of the Test Plan generation. If this documentation is not available at this time, documentation is required during the performance of the emissions test. If cyclonic flow exists at the testing location, describe the procedures used to obtain representative samples. If there is an absence of cyclonic flow, check the "Yes" box.
11. Select the method that will determine the oxygen concentration : M3A-instrumental Yes No

Yes No

Yes No 7b. Please select the Emissions / Concentrations for each location.

Nickel Method 29 3 60 0 Outlet of Control Device O2 Method 3A O2 3 240 0 Outlet of Control Device O2 Method 3A O2 3 60 0 Outlet of Control Device

Test Method Emissions / Concentrations Corrected Analyte Corrected

Percent Location

Method 1 - 4 percent(%) 0 Outlet of Control Device Method 3A O2 percent(%) 0 Outlet of Control Device Method 26A grams/hr 0 Outlet of Control Device Method 26A ppm corrected O2 7 Outlet of Control Device Method 29 grams/hr 0 Outlet of Control Device Method 29 mg/dscm corrected O2 7 Outlet of Control Device Method 23 grams/hr 0 Outlet of Control Device Method 23 ng/dscm corrected O2 7 Outlet of Control Device

Friday, June 11, 2010 Page 4 of 5 Test PlanTest Plan
BSCP - Kiln Emission Testing

13. Has all testing equipment been calibrated within the past year? If no, please explain. It is expected that the response to this question will be "Yes". This highlights the need to attach the documentation of the calibrations for all equipment used during the conduct of the emissions test. If all the equipment has been calibrated, check the "Yes" box.

17. What is the proposed test schedule? This field is primarily to advise the regulatory authority and facility the dates that emissions testing will be performed including any set up dates.

18. Additional comments: Yes No

Yes No

14. Will all calibration gases be certified by EPA Traceability Protocol procedures? If No, describe certification procedure below.

15. Is a dilution system (via EPA Method 205) proposed?

Name:
Title: Company: Sign Date: Name:
Title: Company: Sign Date: Permitted Facility Representative Testing Company Representative Date Date 19. Required Personal Protection Equipment: This field is primarily to advise the regulatory authority of the type of personal protective equipment that will be required for them to use to access the sampling location and any other locations that are associated with the performance of the test program. It will also serve to inform the facility of the source tester's knowledge of the required protective equipment that they will use during the source test program. Yes No N/A

Yes No N/A 16. If applicable, list the expected calibration gas concentrations for all proposed instrumental test methods. Include as much information as is known at this time. 12. Do any of the proposed test methods require analysis of EPA audit samples? If yes, notify Regional Office at least 45 days prior to testing to allow for audit sample preparation and shipment.

Friday, June 11, 2010 Page 5 of 5 Test PlanEnclosure 9

Site-Specific Test Plan Development Guidance

This information collection request (ICR) provides specific additional instructions for each prescribed test method to ensure that the collected data will meet the objectives of the ICR. To ensure that all data submitted in fulfillment of this ICR are of sufficient and known quality, EPA believes it is highly advisable for each facility (subject to emissions te sting under the ICR) to prepare a site-specific test plan prior to testing. A s ite-specific test plan addresses the planning and quality assurance and quality control procedures and acceptance criteria for all of the testing, including the collect ion of process and fuel data.

You may find guidance for developing such a site-specific test plan at http://www.epa.gov/ttn/emc/guidlnd/gd-042.pdf . Such a test plan would provide a means for you to verify that the quality assu rance protocols, contained in the various test methods, are met. You need not submit the test plan to EPA; however, much of the information in a complete sitespecific test plan consists of data that are used for required fields in Version 3 of the EPA Electronic Reporting Tool (ERT) (see Enclosure 8).