Document k9ExzqdeNxJJVLyQxga2a341y

lake Charles VCM Plant CERTIFIED MAIL #326127 RETURN RECEIPT REQUESTED July 18, 1980 (conoco) Conoco Chemicals Company A Division of Conoco Inc. P.O. Box 605 Westlake. Louisiana 70669 (318> 491-5211 y A Martin E. Brittain, P. E. EPA Region 6, NESHAP C)ore inator Air Enforcement Branch (6/ EAE) United States Environm ?nt 1 Protection Agency 1201 Elm Street Dallas, TX 75270 Dear Mr. Brittain: The purpose of this letter is to advise you that we have reached agreement with TRW related to a ^onfidentiality/Restricted Use Agreement concerning TRW's use of material contai led in Conoco's VCM Plant NESHAP file to complete their work under NSS Contract Nc . 68-02-3063. I have attached a copy of the executed agreement for your fil This letter and agreem >nt copy is intended to serve as the Conoco VCM Plant's authorization for you to release the required material from our NESHAP file to TRW. 4 is Enc CC + enc: James W. Botlame r, Jr. - TRW BCC + enc: REL-CRH-HJN-VAM-GLF-PLFl-DLD -JWW-JCL vve 000012993 Environmental Engin eer.Lng Division TRW Inc. One Space Park Redondo Beach, Cali for:iia 90278 Attention: Mr. J W. Clarke Busines S Manager Gentlemen: It is our understan ding that the Environmental Engineering Division, TRW Inc. (hereinafter TRW") desires to have access to a certain file maintained by the U. S. Environmental Protection Agency (hereinafter "EPA") at the EPA Regional Office in Dallas, Texas, and related to NESHAP vinyl chloride standards which file contains confidential information of Conoco relating to its VCM manufacturing facilities located in Lake Charles, Louisiana, It is further understood that access to these files is for the purpose of conducting a review pursuant to a contract with the EPA (Contract no. 68-02-3063), We are willing to berm it the EPA to allow you access to Conoco's confidential information contained in the EPA files under the following terms: 1. "Confidential Information" shall mean all information relating to the above-men tioned facility contained in EPA files and marked "CONFIDENTIAL which is revealed to TRW by EPA, directly or indirectly, exc pt to the extent TRW can demonstrate that the same (a) is in its possession prior to disclosure without binder of secrecy as sh<j>wn by competent documentary evidence, (b) is then or later becomes part of the public domain through no fault of TRW, or (c) is therea ter received by TRW from a third party without binder of secrecy anfi who has not directly or indirectly derived the same from Conoco; provided that technical information disclosed to TRW under this Ag eenjtent which is specific, e.g. as to engineering and design practib es and techniques, equipment, products, operating conditions foi: treating specific materials, and the like, shall not be considered to be within the foregoing exceptions merely because they are embr iced by general disclosures in the public domain or in TRW 1s possess Lon, In addition, any combination of features shall not be deemed to be within the foregoing exceptions merely because individual fe atures are in the public domain or in TRW's possession, but only if t le combination itself and its principle of operation are in the pub lie domain or in TRWfs possession. vve 000012994 .2 TWR agrees no : to disclose Conoco's Confidential Information to third parties not. already under like binder of secrecy from Conoco, and not to us e tlie same except for the purpose noted above. 3. TRW shall lim L t dccess to Conoco's Confidential Information to those employe^ s c.s necessary to carry out the work required under its EPA contr act and to whom TRW shall have advised of the confidential nat are thereof and of the confidentiality obligations of this Agreemen 4. TWR agrees to label as "Confidential" all Conoco Confidential Information w lich is included in any written document provided to EPA in connec cioii with its above-mentioned EPA contract. 5. Upon completi 3n of the above-mentioned EPA contract, TWR agrees to return any an i all documents containing Conoco Confidential Information to EPA .6 This Agreemen t shall not be construed to grant you any license or other rights except as noted herein. If the foregoing m aeti with your approval please indicate your acceptance of these condition 5 by having your authorized representaive sign and return to us the e ncl <(>sed copy. CONOCO INC. CONOCO CHEMICALS COMPANY DIVISION Accepted and Agreed: TWR Inc. i. / By Title - Date 2 VVC 000012995