Document eva8MEqaD49oX77mzeqKNGZpM

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2 CARIBBEAN ENVIRONMENTAL PROTECTION DIVISION CITY VIEW PLAZA II BUILDING, 7TH FLOOR ROUTE 165 GUAYNABO, PUERTO RICO 00968 June 15, 2023 Via Electronic Mail - lgonzalez@boringuengroup.com Livette Gonzlez President Borinquen Container, Corp. PO BOX 145170 Arecibo, PR 00614 Re: Information Request, Reference Number: CAA-02-2023-1423 Dear Ms. Gonzlez: The Clean Air Act, 42 U.S.C. 7401 et seq. ("CAA" or the "Act"), at Section 114, 42 U.S.C. 7414, authorizes the U.S. Environmental Protection Agency ("EPA") to require submittal of information to, among other things, assess compliance with the Act and regulations promulgated pursuant to the Act. This Information Request requires Borinquen Container, Corp. ("Borinquen Container") to submit information related to compliance with applicable CAA requirements at the facility owned and operated by Borinquen Container located in Hatillo, Puerto Rico. Pursuant to Section 114 of the Act, this Information Request requires Borinquen Container to submit all of the information described in Enclosure 1. Failure to submit the requested information is a violation of Section 114 of the Act, and may result in an order to comply, an order for administrative penalties, or a civil action for penalties and an injunction requiring compliance pursuant to EPA's enforcement authority provided in Section 113(a) of the Act. See Enclosure 2. In accordance with Section 113(c)(2)(A) of the Act, any person who knowingly makes any false statement, representation, or certification, or who omits material information from or knowingly alters, conceals, or fails to file a response to this Information Request, may be subject to a criminal action. You may choose to assert a business confidentiality claim covering all or part of the information submitted. You may not, however, withhold any information on that basis. For EPA to consider a claim of business confidentiality for one or more of the documents submitted by you, a cover sheet, stamped or typed legend, or other suitable form of notice must be placed on or enclosed with the document, with language such as "trade secret," "proprietary," or "company confidential." Allegedly confidential portions of otherwise non-confidential documents should be clearly identified. To facilitate identification and handling by EPA, please submit your response so that all non-confidential information, including any redacted versions of documents, are in one envelope and all materials that you assert are entitled to confidential treatment are in a separate envelope. Note that "emission data," as defined in 40 C.F.R. 2.301(a)(2), cannot be claimed as confidential under Section 114(c) of the Act. See 42 U.S.C. 7414(c). If no confidentiality claim accompanies the information received by EPA, the information submitted as part of your response may be made available to the public without further Internet Address (URL) http://www.epa.gov notice to you. EPA will disclose information covered by a confidentiality claim only to the extent allowed by, and in accordance with, the procedures set forth in EPA's public information regulations at 40 C.F.R. 2.201, et seq. (See 41 Fed. Reg. 36902 (Sept. 1, 1976)), and with applicable case law. In order to comply fully with this Information Request, your response must include a completed Certification of Response (see Attachment to Enclosure 1), notarized by a notary public, and signed by you or another officer of your company. Your responses to the questions in Enclosure 1, including all supporting documents and the Certification of Response, must be scanned, and submitted by email to Ms. Nancy Rodrguez of the EPA, in accordance with the schedule set forth in Enclosure 1, at her email address below: Ms. Nancy Rodrguez, Chief Multimedia Permits and Compliance Branch U.S. Environmental Protection Agency, Region 2 rodriguez.nancy@epa.gov with copies sent to: Alex Rivera rivera.alex@epa.gov Gloria Diaz-Galarza diaz-galarza.gloria@epa.gov The requested information shall be submitted to EPA within the timelines indicated for the specific requests in Part III of Enclosure 1. You may request an extension of any timeline to respond by email to Ms. Rodrguez at her email address above. Please include the reason(s) for the delay in responding and a proposed response date. In order to allow sufficient time for review, any such request for an extension of time must be made at least ten calendar days prior to the date on which the requested information is due to EPA. An extension of time will be effective only if granted by EPA in writing. Please include the above-cited Reference No. CAA-02-2023-1423 in any and all of your response(s) to this Information Request. Further, if within one year of the date of this Information Request, you obtain information different from, or in addition to, the information provided, or if there is any change affecting the information submitted, you must notify EPA and submit the relevant information no later than twenty calendar days after such information becomes available. CAA-02-2023-1423 Borinquen Container Corp. 1 You may address any questions concerning this matter to Mr. Alex Rivera in the EPA Region 2 Multimedia Permits and Compliance Branch Air Protection Team at rivera.alex@epa.gov or by phone at 787-977-5845, or to Cassandra Basile, Assistant Regional Counsel, at basile.cassandra@epa.gov or 212637-3234. We appreciate and look forward to your prompt response. Sincerely, CARMEN Digitally signed by CARMEN GUERRERO PEREZ GUERRERO PEREZ D-0a4t'e0:02' 023.06.15 06:37:58 Carmen R. Guerrero Prez Director Caribbean Environmental Protection Division Enclosures cc: Milton Rosa, Manufacturing Vice-President, Borinquen Container, Corp. mrosa@borinquengroup.com Amarilys Rosario, Department of Natural and Environmental Resources (DNER), Air Quality Area Manager, amarilysrosario@drna.pr.gov Moiss Soto, DNER Arecibo Regional Office, mosoto@drna.pr.gov CAA-02-2023-1423 Borinquen Container Corp. 2 ENCLOSURE 1 REPORTING REQUIREMENT PURSUANT TO SECTION 114 OF THE CLEAN AIR ACT The U.S. Environmental Protection Agency ("EPA") requires the submittal of information regarding operations and compliance of Borinquen Container located at Carr. #2 Km. 85.2, Calle El Mangotn, Barrio Carrizales, Hatillo, Puerto Rico 00659. Part I: Instructions 1. Provide all responsive documents in Portable Document Format ("PDF") or similar format, unless otherwise requested in specific questions. If the PDFs are scanned images, perform at least Optical Character Recognition for "image over text" to allow the document to be searchable. Submitters providing secured PDFs should also provide unsecured versions for EPA use in repurposing text. 2. When specific questions request data in electronic spreadsheet form, provide the data and corresponding information in editable Excel format, and not in image format. If Excel formats are not available, then the format should allow for data to be used in calculations by a standard spreadsheet program such as Excel. 3. Provide electronic submissions via a cloud-based document management system. 4. Provide a table of contents for your submission so that each document can be accurately identified in relation to your response to a specific question. We recommend the use of electronic file folders organized by question number and facility name. 5. Emission data obtained through Section 114 of the CAA is not considered confidential business information ("CBI"), pursuant to 42 U.S.C. 7414(c) and 40 C.F.R. 2.301(a)(2)(i). Any information claimed as CBI must be submitted on separate disks/drives apart from the non-confidential information. This will facilitate appropriate records management and appropriate handling and protection of the CBI. 6. Certify that the attached files have been scanned for viruses and indicate what program was used. 7. If you have no information or documents responsive to a request, please so state in your response. 8. Where documents or information necessary for a response are neither in your possession nor available to you, indicate in your response why such documents or information are not available or in your possession and identify any source that either possesses or is likely to possess such information. CAA-02-2023-1423 Borinquen Container Corp. 3 9. To the extent that a document is responsive to more than one request, please so state and provide only one copy of the document. 10. All terms used in this information request have their ordinary meaning, unless such terms are defined in the CAA, 42 U.S.C. 7401, et seq. CAA-02-2023-1423 Borinquen Container Corp. 4 Part II: Definitions All terms used in this Information Request will have their ordinary meaning unless such terms are defined in the Act, 42 U.S.C. 7401, et seq., or are defined in the applicable regulations implementing the Act, including any state regulations that are federally enforceable under the Act, in which case the statutory or regulatory definitions shall apply. Specific terms are defined as follows: 1. The terms "document" and "documents" shall mean any object that records, stores, or presents information, and includes writings, memoranda, records, or information of any kind, formal or informal, whether wholly or partially handwritten or typed, whether in computer format, memory, or storage device, or in hardcopy, including any form or format of these. 2. The term "Facility" means the Borinquen Container Corp. facility located at Carr. #2 Km. 85.2, Calle El Mangotn, Barrio Carrizales, Hatillo, Puerto Rico 00659. 3. The term "person" shall include any individual, firm, unincorporated association, partnership, corporation, trust, sole proprietorship association, State, municipality, political subdivision of a State, and any agency, department, or instrumentality of the United States and any officer, agent, or employee thereof, or other entity. 4. The term "identify" means to provide the person's full name, address, and affiliation with the individual and/or Company to whom this request is addressed. 5. The term "you" shall include any officers, managers, employees, contractors, trustees, successors, assignees, and agents with knowledge of your Facility. 6. The terms "relate to" and/or "pertain to" (or any form thereof) shall mean constituting, reflecting, representing, supporting, contradicting, referring to, stating, describing, recording, noting, embodying, containing, mentioning, studying, analyzing, discussing, evaluating or relevant to. CAA-02-2023-1423 Borinquen Container Corp. 5 Part III: Specific Information Requested Except when specifically required below, please provide the following information regarding the Facility within 30 days from the receipt of this Information Request. Unless otherwise stated, this information shall be submitted in Microsoft Excel, Microsoft Word, or optical character recognition Adobe Acrobat PDF format, depending on the information requested. 1. Facility air emission source construction and operating permits, including any modifications or pending applications under evaluation by the Puerto Rico Department of Natural and Environmental Resources ("DNER"). 2. Facility's physical address. 3. Email and telephone number for the Facility's: a. Current owner and a responsible officer thereof; b. Current operator and a responsible officer thereof. 4. Facility's construction date. 5. Detailed description of the Facility operations, including its hours of operation. 6. Number of employees. 7. Detailed list of the current Facility air emission sources and control devices (if applicable), including a description of each emission source providing relevant information such as capacity, fuel consumption, date of construction, brand, and serial and model numbers. 8. List of raw materials, including any inks and/or any solvents, used for the Facility manufacturing process. For each raw material include the annual consumption from 2018-2022. 9. Quantity of corrugated cardboard (tons) processed yearly from 2018-2022. 10. Maximum yearly corrugated cardboard processing limit (tons). 11. Monthly records showing the amount (tons) of corrugated cardboard processed at the Facility. 12. If applicable, quantity of any inks and/or solvents (pounds) used in any printing and embossing areas yearly from 2018-2022. Include the maximum processing limit. 13. If applicable, monthly records indicating the quantity of any inks and/or solvents (pounds) used in the Facility. 14. Provide safety data sheets associated with any inks and/or solvents used as part of the Facility's operations. 15. For all emission control devices, provide the following: a. Date of construction; b. Manufacturer's specifications; c. Operational and maintenance procedures; d. Evidence of required inspections of emission control equipment to corroborate operational parameters as established by the manufacturer; and e. Records indicating the date of any required inspections, the parameters verified, and the CAA-02-2023-1423 Borinquen Container Corp. 6 operational ranges recommended by the manufacturer. 16. For all boilers used at the Facility, provide the following: a. Brand, model number, series number, manufacturing date, fuel type, and heat input capacity (MMBtu/hr); b. Date of construction; c. Date of initial startup; d. If applicable, date of modification; e. Annual fuel consumption limit (gallons); f. Monthly fuel consumption records from 2018 through May 2023; g. Fuel flow meter calibration records from 2018 through May 2023; h. Monthly fuel analysis reports from 2018 through May 2023; i. Copy of the two (2) most recent tune-ups conducted for all boilers as specified in 40 C.F.R. Sections 63.11214 and 63.11223(b); j. Copy and evidence of submittal to EPA of the Notification of Compliance Status as specified in 40 C.F.R. Section 63.11225(a)(4); k. Copy of the initial compliance performance test conducted as specified on 40 C.F.R. Sections 63.11210, 63.11211, 63.11212, and 63.11213; and l. Copy of energy assessment as specified on 40 C.F.R. 63.11214(c). 17. A detailed inventory of the Facility's fuel storage tanks, including type of product, type of vessel, vessel volume/capacity, and date of construction. 18. For all fuel products used at the Facility, provide quality analysis certificates and purchase receipts for 2021 through the date of this Information Request. 19. For all emergency power engines and fire control pumps used at the Facility, provide the following: a. A detailed inventory, including engine brand, model number, series number, manufacturer's specifications, manufacturing date, engine power, fuel type, and type of operation (emergency/non-emergency). The inventory should also include the annual hours of operation and monthly fuel consumption from 2018 through May 2023. b. Maximum hours of operation per year. c. Copies of required annual report and evidence of submittal to DNER indicating hours of operation, monthly fuel consumption and fuel sulfur content in percent by weight for all emergency engines and fire control pumps. CAA-02-2023-1423 Borinquen Container Corp. 7 ATTACHMENT 1 TO ENCLOSURE 1 CERTIFICATION OF RESPONSE State/Territory of ___________________: County of _________________________: I certify, under penalty of law, that I have personally examined and am familiar with the information submitted in response to the Information Request and all documents submitted with this response, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete, and that all documents submitted with this response are complete and authentic unless otherwise indicated. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. I am also aware that for one year from the date of the Information Request, I am under an obligation to supplement my response to the Information Request if any additional information relevant to the matters should become known or available to me. ________________________________ NAME (print or type) ________________________________ TITLE (print or type) ________________________________ SIGNATURE Sworn to before me this ___ day of ________, 2023 _______________________________ Notary Public CAA-02-2023-1423 Borinquen Container Corp. 8