Document pBOb9ypBe5Q9pQd8qpxq4dB5d

ft E A ~ United States .~ . Environmental Protection ,,- Agency Region 6 - Enforcement & Compliance Assurance Division INSPECTION REPORT Inspection Date(s): Media Program : Regulatory Program(s) 01/16/2025 Toxic Substances Control Act (TSCA) New and Existing Chemicals (NEC) Program, also known as "Core TSCA" Company Name: Facility Name: Facility Physical Location: (city, state, zip code) Mailing address: (city, state, zip code) County/Parish: Facility Phone Number Facility Contact: Airgas Specialty Products, An Air Liquide Company Airgas Specialty Products - Waxahachie TX 6260 1-35 East Waxahachie, TX 75165 2530 Sever Rd . Ste 300 Lawrenceville, GA 30043 Ellis County (972) 576-3202 Michael Lewis Regional Field Safety/ Quality Manager michael.lewis.asp@airgas .com FRS Number: Identification/Permit Number: Media Identifier Number: NAICS: SIC: 110000906244 N/A N/A 424690 - Other chemical and allied products merchant wholesalers N/A Personnel participating in inspection: David Riley US EPA Region 6 (ECDST) Faith Browning Airgas Specialty Products Michael Lewis Airgas Specialty Products Tonya Sumners Airgas Specialty Products Patrick Lansing Airgas Specialty Products Inspector Customer Service Representative Regional Field Safety/ Quality Manager VP, Safety & Compliance Regional Manager EPA Lead Inspector Signature/Date Supervisor Signature/Date rptP~~ John David Riley /~/ Gerardo Acosta Digitally signed by GERARDO ACOSTA Date: 2025.03.18 10:03:35 -05'00' 3/17/25 Date Date 6ENFORM-020-R8.2 (02/12/2020) 1 Section I - INTRODUCTION Airgas Specialty Products - Waxahachie TX Inspection Date 01/16/2025 PURPOSE OF THE INSPECTION The purpose of this inspection is to evaluate Airgas Specialty Products' Waxahachie, TX facility for compliance with Sections 4, 5, 8, 12, and 13 of the Toxic Substances Control Act (TSCA), also referred to as the New and Existing Chemicals (NEC) program, or "Core TSCA". These Sections are as follows: 4 - Testing of Chemical Substances and Mixtures 5 - Manufacturing and Processing Notices 8 - Reporting and Retention of Information 12- Exports 13 - Entry into Customs Territory ofthe United States Section 11 of TSCA provides the authority to conduct inspections. The Core TSCA program is not statedelegated; therefore, inspections are conducted by the EPA. This is a "neutral scheme" inspection covering the calendar years 2020 to the present. I, David Riley of US EPA Region 6, initially reviewed information from ChemView and the Chemical Information System, which showed that the facility had previously submitted chemical manufacturing information pursuant to the Chemical Data Reporting (CDR) rule under Section 8(a) of TSCA. At the time, it was noted that a submission for the 2024 CDR was not present. The facility was selected for an inspection based on reviews of additional EPA information sources, as well as no record of prior TSCA inspections. On 12/19/2024, I contacted Patrick Lansing, Regional Manager for Airgas Specialty Products regarding the scheduling of the inspection. He referred me to Michael Lewis, Regional Field Safety/Quality Manager, with whom I discussed potential dates for an inspection. It was eventually agreed to conduct the inspection on 1/16/2025. On 1/7/2025, I received a call from Tonya Sumners, VP for Safety & Compliance to discuss the upcoming inspection. Later that day, I emailed Mr. Lewis a list of information to prepare for review [Appendix l]. INSPECTION ENTRY & OPENING CONFERENCE I arrived at the facility gate at 9:25am on 1/16/2025. I entered the main building at 9:25am and was escorted to a conference room. I presented my inspector credentials and a business card to all present and informed them that the inspection would involve a review and discussion of the facility's products and manufacturing process. At that time, Mr. Lansing signed the Notice of Inspection [Appendix 2]. Airgas personnel then proceeded with a presentation of information requested in my email of 1/7/2025, which is partially incorporated into the following section. 2 Airgas Specialty Products - Waxahachie TX Inspection Date 01/16/2025 COMPANY HISTORY & FACILITY DESCRIPTION Airgas Specialty Products is an American supplier of ammonia for various applications. Its major products include anhydrous ammonia (NH3) and aqua ammonia ((NH4)(OH), or NH3(aq)). It also supplies other chemicals such as methylamines (a derivative of ammonia) and hydrogen chloride (HCI). It was formed in 1891 as Armour Ammonia Works (under Armour Ag Chemical) and was purchased in 1968 by US Steel, becoming part of its USS Agri Chemicals subsidiary. LaRoche Industries Inc. purchased the Agri Chemicals business from US Steel in 1986. Airgas, Inc. acquired La Roche Industries in 2005, forming Airgas Specialty Products, and methylamine and HCI product lines were added in 2014. Airgas Inc. was then acquired by Air Liquide in 2016 and is now formally known as "Airgas Specialty Products, An Air Liquide Company". Air Liquide's total sales in 2023 were 27.61B, or approximately $28.65B. The Waxahachie facility was built in the 1980s by Laroche Industries and is located on approximately 10 acres. Section II-OBSERVATIONS DISCUSSION The inspection began with a review of the facility details and staff, as well as a discussion of manufacturing and products. The on-site chemical inventory includes commercial grade NH3, refrigeration grade NH3, 19% NH3(aq), 29% NH3(aq), and amines. The facility's operational processes are: Commercial to refrigeration grade production of NH3. There are different levels of purification based on use. NH3(aq) conversion. NH3 is reacted with H2O to form NH3(aq): NH3 + H2O ~ NH/+ OW. This is a direct reaction with no byproducts. Trailer Loading & Unloading Refrigeration grade NH3 cylinder filling Amines repackaging into cylinders. These are delivered by trailer, repackaged, and delivered to customers. Imports for Airgas Specialty Products are managed by one corporate location; therefore, imported chemical substances are not considered in the Waxahachie facility's reporting. 3 Airgas Specialty Products - Waxahachie TX Inspection Date 01/16/2025 Regarding the 2024 CDR, Ms. Sumners confirmed that the facility met the requirements for reporting under the 2024 CDR but had not done so by the due date of 11/22/2024 (extended from the original due date of 9/30/2024). Following our initial contact, the form was submitted on 1/3/2025. FACILITY TOUR At 10:25am, I was given a tour ofthe facility. We began at the trailer area and moved to the amine area, where trailers feed directly into the equipment for repackaging. We viewed storage tanks for NH3, purified water, and NH3(aq), as well as the NH3 purification area and cylinder fill area. FACILITY DOCUMENTATION No requested documents were collected at the time of the inspection. Ms. Sumner and Mr. Lewis said that they would review the information presented during the opening conference for potential confidential business information (CBI); if not considered as such, it would be emailed to me. They would prepare additional information to be claimed as CBI and submit that through CDX. Section Ill - AREAS OF CONCERN The facility submitted a Form U 42 days past the 2024 CDR due date of 11/22/2024. No other areas of concern were observed at the time. CLOSING CONFERENCE At 11:00am, I began a closing conference with all present, indicating that I would follow up with the facility company contacts regarding any questions. I also stated that an inspection report would be finalized in approximately two months. Airgas Specialty Products representatives stated that they would compile the information requested in Appendix 1 and submit it by either email or CDX. The Notice of Proprietary/Confidential Business Information [Appendix 3] was signed by Mr. Lansing. The TSCA Notice of Inspection and TSCA CBI Notice were then photocopied, and the originals were returned to me. I exited the facility at 11:40am. Facility and company representatives were very cooperative throughout the inspection process. Section IV - FOLLOW UP On 1/31/25, Mr. Lewis emailed me several documents discussed during the closing conference, including the opening conference presentation, facility map, and a safety data sheet for NH3(aq). On 2/3/2025, Ms. Sumner submitted information claimed as confidential through CDX. 4 Section V - LIST OF APPENDICES Appendix 1- Inspection Notification Email Appendix 2 - Notice of Inspection Appendix 3 - TSCA CBI Notice Airgas Specialty Products - Waxahachie TX Inspection Date 01/16/2025 5 Airgas Specialty Products - Waxahachie TX Inspection Date 01/16/2025 Appendix 1 Inspection Notification Email Riley, David From: Sent: To: Subject: Riley, David Tuesday, January 7, 2025 1:30 PM LEWIS, Michael E Core TSCA Inspection of Airgas Specialty Products, Waxahachie, TX Hello Mike, As requested in your email of l/7/25, here is the specific information related to the upcoming inspection of Airgas Specialty Products. I, as a representative of the EPA's Region 6 office, will conduct an inspection of the facility at 62601-35 E, Waxahachie, TX, on January 16th, beginning at 9:30 am. The inspection will be conducted pursuant to Section 1l(a) of the Toxic Substances Control Act (TSCA), 15 U.S.C. Section 2610(a) to determine compliance with TSCA Sections 4, 5, 6, 8, 12 and 13. The in-person portion of the inspection will involve a facility tour and discussion. Please prepare some information for the site visit related to the company/facility background, manufacturing processes, and a site map. I don't plan on taking up an entire day - - only 2 to 3 hours. Any of the more detailed information below should be provided by 1/24/25 as one or more electronic files in a form that allows EPA to readily retrieve and utilize the information using commercially available software. If none of the requested information is subject to claims of confidential business information (CBI) by Airgas, please email the information directly to me. If Airgas will make claims of CBI on any of the requested information, please inform me via email, and further instructions will be provided. Do Not Email CBI. The EPA has developed an information sheet entitled "U.S. EPA Small Business Resources" to help applicable small businesses understand federal and state environmental laws and rights under the Small Business Regulatory Enforcement Fairness Act. The information sheet can be found on the internet at: https ://www.epa.gov/compliance/small-business-resources-information-sheet . If you have any questions concerning the inspection or the requested information, or if additional time is needed to compile the information, please contact me at 214-665-7298 or riley.david@epa.gov. Thank you for your cooperation in this matter. The following information (Items 1 through 7) is requested for the last five full calendar years (2020 through 2024), unless otherwise specified. If some items are not applicable, please indicate. Requested Information Item #1: General Company Information. Provide information on the following: Brief company history of ownership and business. Corporate structure (including foreign and domestic parent companies). Listing of all U.S. facilities owned by the company, including subsidiaries, and their locations. Number of employees on the facility and corporate level. Shifts per workday, hours of operation, days per week. Gross annual sales on the facility and corporate level for the last two complete years or accounting cycles (note the fiscal cycle) rounded to at least three significant figures. 1  Identifying information for the facility and U.S. parent company, including data universal numbering system (DUNS) number. Importer of Record ID for all sites that import into the U.S. that are owned by the U.S. parent company. Scope of business, main North American Industry Classification System (NAICS) codes under which the site operates, and main industries that the company and site supply. Facility and/or corporate policies developed to ensure compliance with TSCA Sections 4, 5, 6, 8, 12, and 13. [Section 6 policies relevant to PCB compliance are not requested at this time.] Facility Permit IDs, including RCRA Hazardous Waste, TRI, NPDES, CAA, Air Emissions Inventory (EIS) . Detailed site map of the facility Item #2: Process Flow Diagrams. Provide existing diagrams and the following information: Manufacturing and processing flow diagrams for substances manufactured at the facility, listing each raw material input and the resulting products (by Chemical Abstracts Service Registry Number (CASRN) or EPA Accession Number) for each step between the particular raw material and the commercial product, including intermediates, byproducts, and catalysts, that are part of the commercial production but are not intended for sale or distribution. Indicate all steps including on-site use, marketing, transfer, recycling, and waste disposal. Item #3: Prepare a spreadsheet of chemical substances that were manufactured (including those imported) by the facility, as well as any intermediates both non-isolated and isolated, for the past 5 calendar years. If a chemical substance is a hydrate under the definition of mixture pursuant to 40 C.F.R. 710.3, please include Chemical Abstracts Service Registry Number (CASRN) of both the hydrate and the anhydrous forms of the chemical substance. The spreadsheet should include the following information: 1. CASRN or the EPA Accession Number; 2. Chemical substance; 3. Dates of manufacture, including import; 4. Quantity manufactured per batch, including quantity imported per shipment and shipment number; 5. Whether the chemical substance is Manufactured or Imported, or both; 6. Indicate if the chemical is a byproduct, an impurity, a non-isolated intermediate, or an isolated intermediate, and a general description of use. If the chemical is identified as a byproduct or an intermediate, indicate in the process diagrams how it is produced; 7. HTS Code used if imported; and 8. Indicate if an R&D Exemption (R) or Polymer Exemption (PE) has been claimed. Please organize your response to Item #3 in a spreadsheet in tabular format: CASRNor PA ccession # anufacture eluding port) se a separate wfor each anufacture uantity anufactured er atch/lmported er shipment (in bs) 2 Item #4: Prepare a spreadsheet of the raw materials (including mixtures) acquired from domestic suppliers that were used or processed by the facility for the past 5 calendar years. The spreadsheet should include the following information: 1. CASRN or the EPA Accession Number; and 2. The supplier's name and address. Please organize your response to Item #4 in a spreadsheet in tabular format: CASRNor EPA Accession# Product Name l<\mount Supplier's received in CY name ~023 Supplier's address b the substance received for R&D purposes? (YIN) Item #5: Prepare a spreadsheet of chemical substances and the components of each mixture of the products that were exported from the United States by the facility for the past 5 calendar years. List each unique CASRN only once and only if the chemical substance makes up one percent or greater of the volume of the product. The spreadsheet should include the following information: 1. CASRN or the EPA accession number for each chemical substance; 2. Export date; 3. Final destination (foreign country); 4. Section 12(b) export notice status, see 40 C.F.R. Part 707 Subpart D and https ://www.epa.gov/tsca-import-export-requirements/chemicals-subj ect-tsca-section-12bexport-notification-0. Please organize your response to Item #5 in a spreadsheet in tabular format: CASRN or EPA Accession Export date # Final destination Section 12(b) notice submitted? (YIN or NA) Item 6: Documentation Pursuant to TSCA Sections 5 and 6. Provide the following documents and information: TSCA Section 5{a) o List of PMNs and SNUNs submitted by your company or transferred to your company; o List ofNOCs submitted by your company; and o Records documenting compliance with any Significant New Use Rules. Please refer to 40 C.F.R. 721.125 to ensure submission to EPA of all required information. TSCA Section 5(e)/(fl o Records demonstrating compliance with TSCA Section 5(e)/(f) Orders. TSCA Section 5{h) 3 o Research and development activities and procedures in effect at the facility, specifically as related to compliance with the requirements of a TSCA R&D Exemption. See recordkeeping requirements in 40 C.F.R. 720.78; o Documentation of prudent laboratory practices and of the notification and evaluation of risks, where appropriate; and o Operating manuals or written procedures that are used by laboratory personnel to manage chemicals with unknown hazards. o Prepare a spreadsheet of chemical substances that the facility manufactured, processed or used under the TSCA R&D exemption for the current calendar year and the past 5 calendar years in tabular format. The list should include the following information for each chemical substance/component on an annual basis: i.CASRN or the EPA accession number for each chemical substance; ii.Names and addresses of those who received the R&D chemical; iii.Amount distributed per shipment to each addressee; and iv.Make available a copy of the Safety Data Sheet, shipping label and any written notice provided to the customers for each R&D chemical. Please organize your response to Item #6 in a spreadsheet in tabular format: (:ASRN or Name of IEPA Accession J{ecipient I# Recipient's Address Quantity per shipment (in bs) SDS, shipping label and/or ~ritten notices provided 'YIN) TSCA Section 6 o Records demonstrating compliance with Section 6 rules. Please refer to 40 C.F.R. Part 751 to ensure submission to EPA of all required information. Item #7: Documentation Pursuant to TSCA Sections 4 and 8. Provide the following documents and information: Provide the certificate of analysis from a representative lot for each manufactured product that is used in commerce. TSCA Section 4 o Letters of intent to conduct testing and proof of data submittal, or requests for exemption from testing, for chemicals manufactured or used at the facility that are subject to an active TSCA Section 4 final test rule, Consent Agreement and/or test order. TSCA Sections 8(a) and 8(b) o Recordkeeping and reporting under Section 8(a) and (b) including those for Chemical Data Reporting (CDR); o For CDR, provide a sample calculation of the volumes reported for the 2024 CDR rule, including facility sources used. TSCA Sections 8(c), 8(d), and 8(e) o Documentation of allegations subject to TSCA Section 8(c) recordkeeping. Provide OSHA Injury & Illness Recordkeeping Forms 300, 300A, and 301; o A list of 8(d) health and safety studies submitted to EPA and copies of any known health and safety information that were not submitted to EPA. Section 8(d) as explained in 40 C.F.R. 716.3 includes any health and safety study of any effect of a chemical substance or mixture on health or the environment or on both, including but not limited to: 4  Epidemiological or clinical studies; Studies of occupational exposure; In vivo and in vitro toxicological studies; and Ecotoxicological studies. See: https://www.epa.gov/assessing-and-managingchemicals-under-tsca/data-development-and-information-collection-assessrisks#studies. o TSCA Section 8(e) substantial risk information not known to EPA or previously submitted to EPA by your company. The TSCA Section 8(e) information includes among other items: toxicity or exposure data, full reports, summarized results, limited studies (e.g., range-finding studies), preliminary results, and draft reports that constitute sufficient evidence for Section 8(e) reporting. Thank you, David Riley Inspector/Enforcement Officer Core TSCA, EPCRA 313 US EPA Region 6 (ECDST) 1201 Elm Street, Suite 500 Dallas, Texas 75270-2102 Phone: (214) 665-7298 e-mail: riley.david@epa.gov 5 Airgas Specialty Products - Waxahachie TX Inspection Date 01/16/2025 Appendix 2 Notice of Inspection &EPA United States Environmental Prot ection Ag ency United States ENVIRONMENTAL PROTECTION AGENCY Washington, DC 20460 Notice of Inspection Office of Enforcement and Compliance '\ Assurance 1. Investigation Identification 3. Facility Name tJ:r,,,,.J Date Inspection Number Da;ly Seq. Numbe, I Srec:.,.l+1r p, .. J1,1,c,TJ' IJan 16, 2025 11 1 111 of 1 I I 2. Inspector's Address 4. Facility Address EPA Region 6 1201 Elm Street, Suite 500 Dallas, Texas 75270 62601-35 E, Waxahachie, TX, 75165 For Internal EPA Use. Copies may be provided to the recipient as acknowledgment of this notice. Reason for Inspection Under the authority of Section 11 of the Toxic Substances Control Act For the purpose of inspecting (including taking samples, photographs, statements and other inspection activities) an establishment, facility or other premises in which chemical substances or mixtures, articles containing same are manufactured, processed, stored or held before or after their distribution in commerce (including records, files, papers, ~ processes, control and facilities) and any conveyances being used to transport chemical substance, mixtures or articles containing same in connection with their distribution in commerce (including records, files, papers, processes, controls and facilities) bearing on whether the requirements of the Act are applicable to the chemical substances, mixtures or articles, within, or associated with, such premise or conveyance have been complied with. D In addition, th is inspection extends to (check appropriate blocks): . D A. Financial Data D D. Personnel Data D B. Sales Data D E. Research Data D C. Pricing Data The nature and extent of inspection of such data specified in A through Eabove is as follows: Inspector's Signature 1/Vb Name !John David ~ley Title !Environmental Scientist EPA Form 7740-3 (Rev. 2/16) p/J Recipient' s 4 ; / " Signature -.,, ~ _ -v....- / / / I Name I;f/4.; le.,"7 ~ /~/ j {z J Date I I b 51 Title!~ t -~ ,e;.-1 rl79r Date I//Iv /z~j 1-lnspector Copy 2-Facility Copy Airgas Specialty Products - Waxahachie TX Inspection Date 01/16/2025 Appendix 3 TSCA CBI Notice &EPA United States Environmen tal Pro tectio n Ag ency UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Notice for Toxic Substances Control Act (TSCA) Inspections NOTICE REGARDING PROPRIETARY/CONFIDENTIAL BUSINESS INFORMATION (CBI) SUBMITTED TO OR COLLECTED BY EPA IN CONNECTION WITH INSPECTIONS AND OTHER COMPLIANCE MONITORING For information submitted to or obtained by the U.S. Environmental Protection Agency (EPA or Agency) during or after an inspection (or other compliance monitoring), regulated entities (e.g., businesses, facilities, etc.) may assert a confidentiality claim on information that it believes is a trade secret or as privileged or confidential commercial or financial information, which is protected under Exemption 4 of the Freedom of Information Act (FOIA) at 5 U.S.C. 552(b)(4). This type of information is commonly referred to as CBI or proprietary business information (PBI). For consistency purposes, the term CBI will be used within this document. Under section 14 ofTSCA, regulated entities (e.g., businesses, facilities, etc.) have a right to claim certain information submitted to the EPA in connection with an inspection (or other compliance monitoring) as CBI. 15 U.S.C. 2613. This document provides instructions for asserting a CBI claim, under TSCA, on the business information that you provided to EPA during or after its inspection based on the time limitations defined below. EPA is giving you this Notice so that you have the opportunity to request confidential treatment of your business information in order to ensure that EPA properly handles yo ur bu siness CBI claims. If your business believes that any information that EPA will be viewing or collecting during the inspection of your business may be CBI, EPA requests that a representative of your business who has the authority to claim that information as CBI, read, fill out and sign this Notice. You must read and follow all instructions for properly giving EPA notice of your CBI claim. If you have questions about this Notice, you or a representative of your business with the authority to assert the CBI claim may request clarification from the EPA inspector or call the contact name that the inspector will give you with this Notice. EPA has also created a Questions and Answers document for this Notice that you may find helpful and is available at: htt s://www.e a. ov/com liance/cbi-noticeinformation-collected-durin -e a-ins ections-or-other-com liance-monitorin If a CBI claim does not accompany the information submitted to EPA, or is not submitted within 10 calendar days following an inspection, as described in Paragraph (A)(l)(b), below, then the Agency may make the information available to the public without further notice. For example, the Agency may make inspection reports available to the public, including through this website at htt s://echo.e a. ov. Also, EPA may be required by law to release the information to the public. 1 For example, the FOIA requires the disclosure of Agency records that have been requested by a FOIA request unless that information falls within a FOIA exemption. However, EPA does not release information claimed as CBI to the public in response to a FOIA request. In addition, EPA is required under section 14 ofTSCA to routinely review (and approve or deny) all but some exceptional CBI claims for chemical identity, and a representative subset, comprising at least 25 percent, of other types ofTSCA CBI claims. 15 U.S.C. 2613(g). Information that you claim as CBI in accordance with TSCA section 14 will be held as such until the CBfclaim is withdrawn, expires, or is denied by EPA, in accordance with TSCA section 14 and 40 C.F.R. Part 2, Subpart B. 1 lnfonnation covered by a CBI claim will be disclosed by EPA only to the extent of, and by means of, the procedures set forth in 40 C.F.R. Part 2, Subpart B (A) Procedures to claim confidential treatment/or information provided to EPA. (I) You may assert a CBI claim covering part or all of the information submitted to or obtained by EPA: (a) at the time of the inspection; (b) within 10-calendar days2 following the inspection for information submitted to or obtained by EPA during the inspection; or (c) at the time of submittal, if you submit information requested before or after the inspection. (2) If you fail to assert a CBI claim before an inspection, during an inspection, or within the IO-calendar day period following the inspection, the information may be made available to the public by EPA without further notice to the business. (3) EPA' s CBI regulatio ns are at 40 C.F.R. Part 2, Subpart B (sections 2.201-2.311). See https://www.ecfr.gov. (B) Method and time of asserting business confidentiality claim. (I) Under TSCA section 14(c), you are required to substantiate each CBI claim (with some exceptions, described in TSCA section 14(c)(2)), provide certain certification statements, and, for CBI claims concerning chemical identity, provide a structurally descriptive generic name. All of this information must be provided at the time the information claimed as CBI is submitted to EPA. More information on how to assert a claim under TSCA may be found at htt s://www.e a. ov/tsca-cbi. (2) A business that is submitting information to EPA may assert a business confidentiality claim by highlighting, bracketing, boxing, or circling the information claimed as CBI, and marking the page or document with language such as trade secret, proprietary, company confidential, PBl, or CBI. You may also provide a --sanitized" or non-confidential version of the document, with all CBI removed to facilitate identification and handling of CBI by EPA.3 If your business requests confidential treatment only until a ~ertain date or until a certain event happens, then please indicate this at the time your business makes its CBI claim. The Notice includes a box (page 4) that you or the inspector may use to list and generally describe the CBI claims; add an attachment if more space is needed. (3) For documents that EPA inspectors collect or copy during the inspection, a representative of the facility should provide a general description of information that is claimed as CBI in those documents when provided to the inspector. Substantiation, certification, and generic name(s) (when applicable) may be provided to EPA following the inspection, but must be received by EPA within 10 calendar days after the inspection. Similarly, assertions that photos taken by EPA include or may include CBI should be made at the time of the inspection by a representative of the facility. Such assertions should generally describe what is considered CBI by the business, for example, specific equipment or processes. Substantiation of these CBI claims must be provided within 10 calendar days following the inspection. CBI claims to documents and photos taken or collected during the inspection that are not substantiated within this 10-calendar day timeframe or are otherwise not complete according to TSCA section 14(c), will be considered by EPA to have been withdrawn. Substantiation should be directed to the address for the EPA inspector identified on the sheet attached to this notice. 2 The I0-calendar day period begins on the day after an inspection concludes. Forexample, if the inspection of your business commenced on Monday and concluded on Tuesday , the I0-calendar day period begins on Wednesday. If the I0-calendar day period ends on a weekend day or a holiday your claim must be postmarked, or EPA contacted by telephone by the next business day. In certain instances EPA may find it necessary to disclose the information obtained during the inspection and not claimed as CBI before the I0-calendar day period expires, and as such, EPA may provide the affected business less than I0-calendar days following an inspection to assert a CBI claim. 3 You should indicate, but not black out, white out or remove, all CBI in the documents you submit to EPA so that the CBI remains visible for EPA to read. Only marking the document or page as confidential or the like is not sufficient to assert a proper CBI claim. In addition to submitting the document with legible CBI , you may also submit a copy of the document with the CBI blacked out or removed, but you may not submit onl y a document with the CB ] blacked out or removed (a san iti zed copy. "). EPA treats the sanitized copy as a publicly available document. 2 (C) Substantiation of business confidentiality claim. Unless the information is exempt from the substantiation requirement under TSCA section 14(c)(2), substantiation must be provided with TSCA CBI claims at the time they are asserted and submitted to the agency (but note the 10-calendar day period discussed in paragraph (B) for materials collected during an inspection). EPA has developed several submission type-specific and general templates that may be used to provide substantiation (use of the templates is recommended, but not required) and has provided additional guidance on what to include in a substantiation on the EPA TSCA CBI webpage: htt s://www.e a. ov/tsca-cbi The questions included in 40 C.F.R. 2.204(e)(4) and the substantive criteria at 40 C.F.R. 2.208 may also serve as a useful guide to what to include in a TSCA CBI substantiation. (D) Certain information not entitled to confidential treatment. Information that is publicly available at the time of inspection, or that is required to be disclosed to the public by law, is not entitled to confidential treatment and should not be claimed as CBI. While this is not a comprehensive list, the following types of information generally are not protected as CBI: information that is publicly available; information that was submitted to a federal, tribal, state or local government that was not claimed as CBI; information prohibited by law as CBI, such as effluent data, emissions data, or health and safety data in health and safety studies (see, e.g., TSCA section 14(b)). If a business makes a claim on any such information, EPA may make a determination under 40 C.F.R. 2.204(d)(2) that the information is clearly not entitled to confidential treatment. See Attachment A, Questions and Answers about this Notice, for some examples of what is and is not entitled to confidential treatment. 3 SEPA UNITED STATES ENVIRONMENTAL PROTECTION AGENCY United States PROPRIETARY/CONFIDENTIAL BUSINESS INFORMATION NOTICE Environment I Protection Agency FOR TSCA INSPECTIONS Facility: 6260 1-35 E, Wax.ihachie, TX. 75165 Facility Representative with authority to make a CBI claim (print name & title): IJ,;J [,,,r76~~ ;t~ .r~~~,l f;f~ ~ Inspection Number: Date: 1/16/2025 Phone/email: I of 1 r :;;?' EPA Inspector (print)~ ~" '2)~":J 'R:J)c---:-, Address: [mailing or courier address appropriate for inspector and/or inspector' s Document Control Office r] EPA Regio n 6 120 I Elm Street. Suite 500 (ECO-ST) Dallas, Texas 75270 Date: Phone: Email: 1/16/2025 2 I4-665- 7298 ril ey.davi cl@epa.gov _..----- 11have received this Notice and DO NOT make any CBI claim on the documents and information I have provided to EPA at this time. I understand that, within JO-calendar days ofthe date ofthis inspection, ifI determine that any ofthe documents and information I provided to EPA are CBI, I may send a written notice to the EPA inspector (address and email listed above) identifying the specific information I wish to claim as CBI I further understand that ifno CBI claim was made at the time ofthe inspection or within the I 0-calendar day period following this inspection, the information may be made available to the public by EPA without further notice to the business. See 40 C.F.R. 2.203. I have received this Notice and DO make a CBI claim regarding the documents and information listed below Ithat I have provided to EPA. I hereby certify to the best ofmy knowledge and beliefthat all information entered on this form is complete and accurate. I further certify that, pursuant to 15 U.S. C. 2613(c), for all claims for confidentiality made with this submission, all information submitted to substantiate such claims is true and correct, and that it is true and correct that i. My business has taken reasonable measures to protect the confideniiality ofthe information; ii. I have determined that the information is not required to be disclosed or otherwise made available to the public under any other Federal law; iii. I have a reasonable basis to conclude that disclosure ofthe information is likely to cause substantial harm to the competitive position ofmy business; and iv. I have a reasonable basis to believe that the information is not readily discoverable through reverse engineering. Any knowing and willful materially false, fictitious , or fraudulent statement or representation is subject to criminal penalty pursuant to 18 US.C. -~ 1001. 4 Part B of this Notice explained how to identify infonnation claimed as CBI. You or the inspect_or may use this box to list and generally describe any CBI claims. For clarity, please be as specific as possible. Example: Internal layout of facility. ~ ~ ~ ~ ~ ~ ~ ~~ ~<-.... (Revised: January 2021) ~ 0/ ~,..SI ~ ~ Attach additional sheets, if needed. ~ / ~ \ \ \ \ \ \ \ Original to EPA I Copy to Facility 5