Document 91R667Y4rMXJo3X9XdbBMQ69D

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION VI 1201 ELM STREET DALLAS, TEXAS 75270 RECEIVED OCT 0 1 T382 September 28, 1982 CERTIFIED MAIL - RETURN RECEIPT REQUESTED P 333 725 584 Mr. James E. Wyche, III Coordinator Environmental Systems PPG Industries, Inc. Industrial Chemical Division P. 0. Box 1000 Lake Charles, Louisiana 70602 E~)o yo '* >' A F'P^ pur $ A V7 r c: r-?/ - T-F -So UF h- - .' tC Jo-' j A' Dear Mr. Wyche: The purpose of this letter is to notify you, in accordance with 40 CFR 2.301(h), of our proposal to disclose the information in your response to our letter of June 16, 1982, as well as the information in our files on your plant, to a contractor so that the contractor can assist us in lts evaluation. We have a contract (No. 68-01-6312, Assignment 69) with Engineering-Science for this purpose. The contract requires the contractor to protect confidential business information, including proprietary trade secrets, from unauthorized use or disclosure. Disclosure to the contractor of this information is neces sary in order that the contractor may carry out the work required by the contract. By providing you with prior notice of this disclosure, we are giving you . the opportunity to comment on EPA's use of this private contractor. If your company objects to the particular contractor named above, or wishes to comment on disclosure of confidential business information, please advise me by letter within ten (10) working days of receipt of this letter. Your response should be sent to the following address: Director, Air and Waste Management Division (6AW) U. S. Environmental Protection Agency, Region 6 1201 Elm Street Dallas, Texas 75270 Disclosure of this information will be made ten (10) working days from your receipt of this letter, unless you have objections. SL 048970 2 In closing, I would like to thank you in advance for your cooperation. If you have any questions concerning this letter, please feel free to call Mr. Stan R. Burger, of my staff, at (214) 767-9868. Sincerely, Allyn M. Davis, Director Air and Waste Management Division Enclosure cc: Mr. William E. Piske, P.E. Engineering-Science 4950 Westgrove Drive Suite 111 Dallas, Texas 75248 received OCT 0 1 682 SL 048971 as he finds to be warranted. Disclosure to one or more parties of record, under protective arrangements or commit ments, shall not, of itself, affect the eligibility of information for confiden tial treatment under the other provi sions of this subpart. Any affected business shall be given at least 5 days notice by the presiding officer prior to making the information available to the public or to one or more of the parties of record to the proceeding. (4) In connection with any proceed ing in which it appears that a decision will be made on the record after an op portunity for a hearing, information to which liiis section applies may be made available to one or more parties of record to the proceeding, under this paragraph (g)(4). A party of record seeking disclosure of information shall direct his request to the presiding offi cer. Upon receipt of such a request, the presiding officer shall notify each affected business that disclosure under this paragraph (g)(4) has been re quested. and shall afford each such business a period for comment found by the presiding officer to be reason able under the circumstances. Infor mation may be disclosed to a party of record under this paragraph (g)(4) only if. after consideration of any ttmely comments submitted by the business, the presiding officer deter mines in writing that (i) the party of record has satisfactorily shown that with respect to a significant matter which is In controversy in the proceed ing. the party's ability to participate effectively in the proceeding will be significantly impaired unless the infor mation is disclosed to him, and (111 any harm to an affected business that would result from the disclosure is likely to be outweighed by the benefit to the proceeding and to the public in terest that would result from the dis closure. The presiding officer may con dition disclosure of the information to a parly of record on the making of such protective arrangements and commitments as he finds to be war ranted. Disclosure to one or more par ties of record, under protective ar rangements or commitments, shall not, of itself, affect the eligibility of information to confidential treatment under the other provisions of this sub part. Any affected business shall be given at least 5 days notice by the pre siding officer prior to making the In formation available to one or more ol tiie parties of record to the proceed ing. <h) Disclosure to authorised repre sentatives. (1) Under sections 114, 208 and 307(a) of the Act, EPA possesses authority to disclose to any authorized representative of the United Stales any Information to which this section applies, notwithstanding the fact that the information might otherwise be entitled to confidential treatment under this subparl. Such authority may be exercised only in accordance with paragraph (h)(2) or (h)(3) of this section. (2) (i) A person under contract or subcontract to EPA to perform work for EPA in connection with the Act or regulations which implement the Act may be considered an authorized rep resentative of the United States for purposes of this paragraph <h). Sub ject to the limitations in this para graph (h)(2). information to which this section applies may be disclosed to such a person if the EPA program office managing the contract or sub contract first determines in writing that such disclosure is necessary1 in order that the contractor or subcon tractor may carry out the work re quired by the contract or subcontract. (ii) No information shall be disclosed under the paragraph (h)(2), unless this contract or subcontract In ques tion provides: (A) That the contractor or subcon tractor and the contractor's or subcon tractor's employees shall use the infor mation only for the purpose of carry ing out the work required by the con tract or subcontract, shall refrain from disclosing the information to anyone other than EPA without the prior written approval of each affected business or of an EPA legal office, and shall return to EPA all copies of the Information (and any abstracts or ex tracts therefrom) upon request by the EPA program office, whenever the in formation Is no longer required by the contractor or subcontractor for the performance of the work required under the contract or subcontract, or ---r - * -e- upon completion of the contract or iiibeonlract: ill) That the contractor or subcon tractor shall obtain a written agree ment to honor such terms of the con tract or subcontract from each of the contractor's or subcontractor's em ployees who will have accevs to the in formation, before such employee is al lowed such access; and (C) That the contractor or subcon tractor acknowledges and agrees that, the contract or subcontract provisions concerning the use and d.sclosure of business information are Included for the benefit of, and shall be enforce able by, both EPA and any affected business having an Interest In informa tion concerning It supplied to the con tractor or subcontractor by EPA under the contract or subcontract. HU) No information shall be dis closed under this paragraph (h)(2) until each affected bus!ne>a has been furnished notice of the contemplated disclosure by the EPA program office tnd has been afforded a period found reasonable by that office (not less than 5 working days) to submit its comments. Such notice shall include a description of the information to be disclosed, the identity of tne contrac tor or subcontractor, the contract or subcontract number, If any, and the purposes to be served by the disclo sure. tlv) The EPA program office shall prepare a record of each disclosure under this paragraph (h)(2), showing the contractor or subcontractor, the contract or subcontract number, the Information disclosed, the date(s) of disclosure, and each affected business. The EPA program office shall main tain the record of disclosure and the determination of necessity prepared under paragraph (h)(2)(l) of this sec tion for a period of not less than 36 months after the date of the disclo sure. (3) A state or local governmental agency which has duties or responsi bilities under the Act, or under regula tions which implement the Act, may be considered an authorized repre sentative of the United States for pur poses of this paragraph (h). Informa tion to which this section applies may be furnished to such an agency at the agency's written request, but only if-- (t) The agency has first furnished to the EPA office having custody of the information a written opinion irom the agency's chief legal officer or counsel staling that under applicable state or local law the agency has the authority to compel a business which possesses such Information to disclose it to the agency, or (II) Each affected business is in formed of those disclosures under this paragraph (h)(3) which pertain to It, and the agency has shown to the satis faction of an EPA legal office that the agency's use and disclosure of such In formation will be governed by state or local law and procedures which will provide adequate protection to the In terests of affected businesses. [41 FR 36602, Sept. 1, 1876, a* amended at 43 FR 40002. Sept. 8. 1878; 43 FR 42251. Sept. 20, 1878) 9 2.302 Special rule* governing certain in formation obtained under the Clean Water Act. (a) Definitions. For the purposes of this section: (1) "Act'' means the Clean Water Act, as amended, 33 U.S.C. 1251 el seq. (2) (J) "Effluent data" means, with reference to any source of discharge of any pollutant (aa that term Is defined in sectfon 502(6) of the Act. 33 U.S.C. 1362 (6)>-- (A) Information necessary to deter mine the Identity, amount, frequency, concentration, temperature, or other characteristics (to the extent related to water quality) of any pollutant which has been discharged by the source (or of any pollutant resulting from any discharge from the source), or any combination of the foregoing; (B) Information necessary to deter mine the identity, amount, frequency, concentration, temperature, or other characteristics (to the extent^ related to water quality) of the pollutants which, under an applicable standard or limitation, the source was author ized to discharge (including, to the extent necessary for such purpose, a description of the manner or rate of operation of the source); and SL 048972 SL 048973 SUGGESTED MEMO FOR FURTHER DISTRIBUTION OF INFORMATION COVERED IN MR. BURRELL'S DECEMBER 5, 1980 MEMO: We at PPG are subject to many laws and regulations under the various environ mental and occupational safety and health statutes. It is appropriate to express the Company's historical and fundamental commitment to strict compliance with these and all laws of the United States. Under the Clean Air Act. the Clean Water Act, and the Resource Conservation and Recovery Act, a large number of activities that could pollute the environment are prohibited. This applies to all employees as well as management and penalties can be imposed on any person who knowingly commits a prohibited act. -*1 . There can be no misconception about the Company's commitment to compliance with applicable laws and regulations. It is the obligation of every employee to perform his or her responsibilities in a manner consistent with this commitment. The Company not only expects this but. demands it. PPG's reputation of integrity in dealing honestly with its employees and its regulatory agencies is to be maintained. dl 3-4-81 SL 048974