Mr. XXXXXXXX, President

XXXXXXXX

XXXXXXXX

XXXXXXXX

Re:	Requirement to provide information according to 42 U.S.C 7414

Dear Mr. XXXXX:

  SEQ CHAPTER \h \r 1 	Pursuant to section 114 of the Clean Air Act
(CAA), the U.S. Environmental Protection Agency (EPA) is requesting that
you provide the information described in Enclosure 1 and the National
Emissions Inventory (NEI) spreadsheet.  At EPA, an important step in the
development of regulations involves gathering and analyzing information.
 We are seeking information specific to your company’s facilities
because such information is key to understanding how an industry
operates, and what facilities do and/or can do to reduce, mitigate, or
eliminate air pollution.  We are requesting that you send the completed
surveys for all of your facilities that are in the secondary aluminum
production source category (see 40 CFR 63, subpart RRR) to us by XXXXX
X, 20XX.  The Clean Air Act (42 U.S.C. 7414) requires that you complete
the enclosed surveys and return them to us by the deadline.

The EPA issued National Emission Standards for Hazardous Air Pollutants
(NESHAP) for secondary aluminum production under section 112(d) of the
CAA on March 23, 2000.  We are now in the process of collecting updated
information concerning hazardous air pollutant (HAP) emission sources
and controls in the secondary aluminum industry.  This information will
be used to review, and revise as necessary, the NESHAP under section
112(d)(6) and to conduct the residual risk review under section 112(f)
of the CAA.

	In the enclosed surveys, we request information on secondary aluminum
processes, emissions, and controls.  The electronic version of Enclosure
1 and the National Air Toxics Assessment (NATA)/ National Emissions
Inventory (NEI) spreadsheet are the survey forms that you are required
to complete and return to us in electronic format.  If we presently have
NATA NEI data for your facility, the excel spreadsheet will be populated
with existing data for your facility.   You will need to revise and
update the existing data as well as complete any missing information. 
Enclosure 2 contains the instructions for completing Enclosures 1 and
the NATA NEI spreadsheet.  Enclosure 7 is the compact disc containing
the electronic forms.

	Using the information you provide to us in this survey, along with
similar information we receive from other companies in your industry, we
will determine the amount of HAPs emitted; the present level of emission
control; and assess what would be the environmental, energy, and
economic impacts associated with installing and operating emission
control techniques feasible for your industry.  You may respond “Not
Applicable” to questions that do not apply to your facilities. 

	Enclosure 3 contains a summary of our legal authority in section 114 of
the CAA to obtain the information requested in this survey.  If you
believe that providing any specific information to us would reveal a
trade secret, please identify this information clearly in your response.
 However, please do not label your entire response “Confidential” if
only a portion includes trade secrets.  You can see in Enclosure 3 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 confidential any of the information
in your returned survey, we can make this information available to the
public without notifying you further (40 CFR Part 2.203, September 1,
1976).  

	Because section 114 of the CAA does not allow emission data to be
claimed as confidential, the emission data you provide to us can be made
available to the public. A detailed explanation of what we consider to
be emission data is contained in Enclosure 4.

	We have contracted RTI International (RTI) (Contract No. EP-D-06-118)
to help us gather information about your industry.  As noted in
Enclosure 5, we have designated RTI to be our authorized representative.
 Therefore, RTI has the same rights discussed above and in Enclosure 3
as EPA has.  This means that RTI will have access to all information
provided to us in your completed survey.  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 6 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 representatives are required to follow the requirements in
Enclosure 5, we believe that we can ensure your rights and protect any
privileged information you submit to us.

	A draft of Enclosure 1 was given to representatives of your industry
for their comments.  We have incorporated several of their comments and
suggestions into the final version.  If you have questions regarding the
need for this survey or need clarification on the information we are
requesting, please contact Rochelle Boyd with EPA’s Office of Air
Quality Planning and Standards at 919-541-1390 (e-mail:
boyd.rochelle@epa.gov).

	Please return the completed non-confidential survey response in
electronic format to Ms. Boyd at the address below by XXX XX, 20XX.

		Rochelle Boyd

		U.S. EPA Mailroom (D243-02)

		U.S. Environmental Protection Agency

		Office of Air Quality Planning and Standards 

		109 T.W. Alexander Drive		

		Research Triangle Park, NC 27711

	If your response to this information collection request includes data
with a claim of confidential business information, please create a
separate CD-ROM containing only the information on the spreadsheet that
is CBI.  In essence, if you do have CBI data, you will have to submit
(2) separate CD-ROM(s); one for the CBI version and one for the non-CBI
version.  Clearly mark the disk containing the CBI data with the words
“Confidential Business Information.”  Send only these CBI files
under separate cover to:

		Roberto Morales

		c/o Rochelle Boyd

		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 security of your data, EPA recommends sending your confidential
files to Mr. Morales via Registered U.S. Mail using return receipt
requested, Federal Express, or other method for which someone must
provide a signature upon receipt.

DO NOT ELECTRONICALLY TRANSMIT CONFIDENTIAL BUSINESS INFORMATION

TO EPA. E-mail and facsimile are not secure forms of communication and
should never be used

to transmit CBI.

	I am sure you understand how important it is for the EPA to use the
very best information available to develop the most meaningful standard.
 Your help in providing this information is greatly appreciated.

Sincerely,

Peter Tsirigotis 

Director, Sector Policies and Programs Division

Office of Air Quality Planning and Standards 

7 Enclosures

Enclosure 1:	Reference copy of the Information Collection Request
Questionnaire

Enclosure 2:	Instructions for completing the spreadsheets for the NATA
NEI and Enclosure 1  

Enclosure 3:	EPA’s information gathering authority

Enclosure 4:	Clarification of what EPA considers to be emissions data

Enclosure 5:	Summary of contractor’s authority as representative of
EPA

Enclosure 6:	Procedures for safeguarding CBI under the CAA 

Enclosure 7:  	Compact Disc containing the electronic version of
Enclosure 1 (Excel® format) 	and the NATA NEI populated or blank
spreadsheet.

cc:	XXXXX

	State Agency

	XXXXXXX

	U.S. Environmental Protection Agency, Region XX

	

OAQPS/SPPD/MMG:RBoyd D243-02, 541-1390

(RTI/MBahner/541-6016/3/23/10)

