AQ_F_0400060_20161114_CMPL_RFI

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
AirQua(ity SHEILA C. HOLMAN
ENVIRONMENTAL QUALITY Director
14 November 2016
Mr. Anwar Shared
Managing Member
NC Biogas, LLC
900 Ridgefield Drive
Suite 145
Raleigh,NC 27609
Subject: Request for Confidentiality Determination-Additional Information Requested
Greenfield Facility
Application No. 0400060.16A
NC Biogas,LLC
Facility ID: 0400060,Wadesboro,Anson County
Dear Mr. Shareef,
On 24 October 2016 the Division of Air Quality's Fayetteville Regional Office received a permit
application for NC Biogas, LLC in Wadesboro, Anson County. Contained within that application were
two pages with "confidential" markings. At this time, I am not aware of any formal request and/or
approval for confidential treatment of these documents for your facility. The North Carolina General
Statutes (NCGS)and 15 NCAC 2Q.0107 require all information submitted to the North Carolina Division
of Air Quality(NC DAQ)to be disclosed to the public unless it is entitled to confidential treatment under
NCGS 143-215.3C. In order for the DAQ to make a determination on your request for confidential
treatment of specified data or process information, you must submit a written justification for the
confidentiality claim, explaining the following for each specific type of data:
a. how the information is protected by the applicant and how its disclosure would affect the
applicant;
b. how the information meets the definition of"Trade Secret,"as defined in NCGS 66-152(2);
and
c. how the information is not"Emissions Data,"as defined in 40 CFR 2.301.
NCGS 143-215.3C(a) allows the confidential treatment of"trade secrets," with the exception of
"emissions data." Emissions data include those data elements necessary to calculate annual air pollutant
emissions. Generally, annual air pollutant emissions are calculated by multiplying the annual throughput
or hours of operation times a corresponding pollutant emission factor and any additional control applied
to reduce the air pollutant emissions.
State of North Carolina [Environmental Quality I Air Quality
Fayetteville Regional Office 1 225 Green Street Suite 714 1 Fayetteville,NC 28301
910 433 3300 T 1 910 485 7467 F

Confidentiality Information—NC Biogas, LLC
14 November 2016
Page 2
I am attaching a copy of the DAQ document `Requesting Confidential Treatment of Trade Secret
Material'. It will outline the process that you will need to follow if you believe there is trade secret
information in your air quality permit, air emissions inventory, or compliance inspection report. This
memo is also located on the DAQ website and the link is
http•//ncair ora-/permits/memos/public records flyer final pddf
Please provide this referenced information for us to evaluate. If you have any questions, please
do not hesitate to call Joshua Harris,Environmental Engineer,or me at(910)433-3300.
Sincerely,
II
Steven F.Vozzo
Regional Air Quality Supervisor
Fayetteville Regional Office
/jlh
Attachment: DAQ procedure for Requesting Confidential Treatment of Trade Secret Material
(7 Aug 2014 revision)
cc: FRO Files

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a NCDENR
North Carolina Department of Environment and Natural Resources
J Pat McCrory John E. Skvarla, III
Governor Secretary
Requesting Confidential Treatment of Trade Secret Material
The North Carolina Public Records Act makes clear that written materials and other information
created or received by state and local government is the property of North Carolinians and gives
the people a means of enforcing their right to see government records. Consistent with the
principle that records and information compiled by state government belong to the people, the
North Carolina Supreme Court has developed guideposts for interpreting the law to be used by
the courts and government officials charged with fulfilling their disclosure obligations to the
public.Specifically: a)the Public Records Act is to be read liberally in favor of public access to
records and information;and b) exemptions from the Act's mandatory disclosure requirement
are to be read narrowly.
The Public Records Law says records containing certain communications between attorneys and
their government clients, state tax information,trade secrets, certain lawsuit settlements, criminal
investigation records, and records about industrial expansion are not public records and not
subject to public disclosure requirements.
The trade secret provision is the exemption most often exercised in the normal course of
business by the North Carolina Division of Air Quality(NCDAQ).Trade secrets are.defined at
General Statute section 66-152 as business or technical information that has commercial value
because it is not generally known or not easily discoverable through independent development
or reverse engineering. Trade secrets may include formulas,patterns,programs, devices,
compilations of information, methods, techniques or processes.
A request to treat information as confidential based on the trade secret exception to disclosure
must meet all of the following conditions:
1) Constitute a trade secret as defined in G.S. 66-152(3).
2) Is the property of a private"person" as defined in G.S. 66-152(2).
3) Is disclosed or furnished to the public agency in connection with the owner's
performance of a public contract or in connections with a bid, application,proposal,
industrial development project, or in compliance with laws,regulations,rules, or
ordinances of the Unites States, the State, or political subdivisions of the State.
4) Is designated or indicated as "confidential"or as a"trade secret"at the time of its
initial disclosure to the agency.
Pursuant to the Water and Air Resources statutes,if a person submits information as outlined
above, then NCDAQ will treat the information confidential. See G.S. 143-215.3C. There are 3
exceptions to the confidentiality provision. First, emission data, defined at 40 CFR 2.301, are
not entitled to confidential treatment. Emission data include,but are not limited to, information
necessary to determine the identity, amount, frequency,concentration,or other characteristics (to
the extent related to air quality) of any emission that has been emitted by the source. Second,
1601 Mail Service Center,Raleigh,North Carolina 27699-1601
Phone:[phone]Internet:www.nedenr.gov
An Equal Opportunity 1 Affinnalive Action Employer—Made in part by recycled paper

confidential information may be disclosed to a state agency if disclosure is necessary to carry out
a proper function of the Department. Third, confidential information may be released if NCDAQ
decides that the information is not entitled to confidential treatment. NCDAQ will provide
adequate notice to any person who submits information of any decision that it is not entitled to
confidential treatment and of any decision to release the information. Any person who is
dissatisfied with a decision to withhold or release information may request a declaratory ruling
from the Environmental Management Commission(EMC)under G.S. 15013-4. The information
may not be released until the EMC issues a declaratory ruling and,if any appeal, a final judicial
determination has been made.
Please note that the information above is general information and does not constitute legal advice. For more -
information on North Carolina's public records laws please see the North Carolina General Assembly's web page:
_ www.nega.state.ric.us and from there you can read the full text of the Act.For Public Records,check NC Gen Stat.
Chapter 132. See also NCDAQ rules at 15A NCAC 2Q.0107(htta://www.ncair.org/rules/Tales/O0107.pdt)
Revised August 7,2014