DEQ-CFW_00065454

Steve Vozzo, Regional Supervisor
NCDENR Division of Air Quality
Fayetteville Regional Office
Systel Bldg.
225 Green Street, Suite 714
Fayetteville, NC 28301
RE: Air Quality Application
Kuraray America, Inc. - Fayetteville, Bladen, NC
Dear Mr. Vozzo:
Kuraray America Inc. — Fayetteville (Kuraray) has taken ownership of the Butacite° and
SentryGlas" manufacturing operations at 22828 NC Hwy 87 West in Fayetteville, North
Carolina. These sources were formally owned and operated by E.I. du Pont de Nemours and
Company (DuPont), and are located at the DuPont Fayetteville Works site. The sources are
currently operated under DuPont's Permit, 03735T38. Since the Butacite° and SentryGlas
manufacturing equipment at the DuPont Fayetteville Works site are now owned and operated by
Kuraray, the enclosed permit application is hereby submitted in accordance with 15A NCAC 2Q
.0101. This submittal includes two original copies of a public sanitized permit application and
two additional copies of application which includes confidential information. Included with this
application package is the required Application Fee of $400 and a separate written request for
processing the application with confidential information.
Although there were no changes made in the operations after Kuraray's acquisition of the
Butaciteoa and SentryGlas° manufacturing processes, applicable regulations and emissions
calculation methods were updated to reflect the current status of the plant. The followings are
some of the changes made from the previous permit applications:
• Kuraray has included information that demonstrates the facility will be a synthetic minor
facility. The controlled emissions for each criteria pollutant from the Butacitea and
SentryGlas° area are under the 100 tpy threshold after control. The uncontrolled
hazardous air pollutant (HAP) emissions are less than the 10/25 tpy limit. Therefore,
Kuraray is a synthetic minor facility with respect to the Title V Program
• NESHAP for Miscellaneous Organic Chemical Manufacturing (MON) is no longer
applicable. Kuraray's facility -wide uncontrolled potential to emit (PTE) for HAP is less
than 10/25 tpy thresholds and therefore the facility is an area source. At a time of the
initial compliance date (May 10, 2008), the miscellaneous organic manufacturing process
units (MCPU) are located at a major source because DuPont Fayetteville Works' facility -
wide HAP emissions were more than the 10 tpy threshold. However, the HAP PTE from
the Butaciteoa and SentryGlas° manufacturing areas were always less than 10 tpy with
and without control. Since MON is applicable to the major source only, Kuraray which
is an area source is not subject to 40 CFR Part 63 Subpart FFFF. Please see the email
sent to Michael Pjetraj, Supervisor of Stationary Source Compliance Branch Technical
Services Section of the DAQ on June 9, 2014 for more detail.
DEQ-CFW 00065454

The cyclone separator associated with the flake dryer (BS-C) is no longer a control
device. Since the particulate collected by the cyclone is returned back to the dryer, it is
considered as a part of the process, not a control.
Sheeting extrusion processes for Line No. 3 and No. 4 (BS-El and BS-E2) are equipped
with three condensers in series. According to the definition of MCPU, however, only the
last device of the system is considered as a control device. Therefore, the first two
condensers are considered as parts of the process equipment.
In addition to the items listed above, various factors being changed since the original Title V
application submitted in 1996. Please review the enclosed application forms, regulatory review
and calculation sheets for the most updated information.
A Zoning Consistency Determination request has been sent to the appropriate agency. This
determination should be sent directly to NC DENR. If you do not receive this by August 15,
2014, please let us know.
Thank you for your assistance with this matter. If you have any questions, please contact me at
[phone] or [e-mail].
(:I;incerely,
Hope A. Walters
Safety, Environmental and Health Competency Consultant
Enclosures
DEQ-CFW 00065455

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July 14, 2014 1(uraray
Steve Vozzo, Regional Supervisor
NCDENR Division of Air Quality
Fayetteville Regional Office
Systel Bldg.
225 Green Street, Suite 714
Fayetteville, NC 28301
RE: Air Quality Permit Application
Kuraray America, Inc. - Fayetteville, Bladen, NC
Dear Mr. Vozzo:
Please find the enclosed air permit application in accordance with the DAQ's confidential
request policy, 15A NCAC 02Q .0107. Pursuant to North Carolina General Statutes (NCGS)
§132-1.2 and §143-215.3C, Kuraray America, Inc. (Kuraray) would like to request the Division
of Air Quality (DAQ) to restrict access to Kuraray's confidential information to the DAQ
personnel only for the purpose of demonstrating compliance with the air permitting
requirements. Specifically, the following information needs to be protected as trade secrets as
defined in NCGS 66-152(3):
• Process Capacity Information — this sensitive information would give our competitors an
unfair advantage in understanding the capacity of the facility.
• Maximum Design Capacity of Raw Materials — this information would reveal formulas
for ButaciteR and SentryGlas° products, which would be damaging to Kuraray's
competitive position in the market place.
In accordance with the DAQ's confidential request policy, the following documents were
submitted with this application:
Two copies of permit application which may be publically available — confidential
information are masked with this version.
Two copies of permit application which includes confidential information — each page of
these documents are stamped confidential.
Thank you for your assistance with this matter. If you have any questions, please contact me at
[phone] or [e-mail].
incerely,
Hope A Walters
Safety, Environmental and Health Competency Consultant
Enclosures
DEQ-CFW 00065456

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RMRR
North Carolina Department of Environment and Natural Resources
Division of Air Quality
Beverly Eaves Perdue Sheila C. Holman Dee Freeman
Governor Director 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
1641 Mail Service Center, Raleigh, North Carolina 27699-1641
217 West Jones Street, Raleigh, NC 27603
Phone: [phone] I FAX [phone] Internet: www.ncair.org
An Equal Opportunity/Affirmative Action Employer
Nne
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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,
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. It is important to note that once information is received, the Public
Records Law prohibits the unlawful return of that information. If it is determined that the
information for which confidential treatment was sought is not a trade secret, that information
cannot be returned to the requestor and it will be maintained by the State as a public record subject
to disclosure upon request by the public.
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.ncga.state.nc.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 (http://www.ncair.org/rules/rules/QO107.pd
DEQ-CFW 00065458

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30 September 2009
Mr. Karen Wrigley, Plant Manager
DuPont Company
22828 NC Highway 87 West
Fayetteville, NC 28306-7332
Subject: Confidentiality Request Determination - 2008 Emissions Inventory;
Plus Additional Information Requested
DuPont Company — Fayetteville Works, Air Permit No. 03735T34
Fayetteville, North Carolina, Bladen County 06/09-00009
Dear Ms. Wrigley,
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. The DAQ has recently reviewed the
process by which we evaluate requests for confidential treatment of data. Therefore, from this date
forward, all requests for confidential treatment of data submitted to the DAQ will be evaluated against the
set protocol as depicted below.
On 25 June 2009, this office received the 2008 Air Emissions Inventory for DuPont Company —
Fayetteville Works. In the cover letter, confidential treatment was requested for (1) annual throughput
values (including throughput units), (2) operating schedules, (3) any and all trade secrets associated with
the process, the chemistry and/or its raw materials, and (4) emission calculations that include the
aforementioned information, provided as part of the inventory. NCGS 143-215.3C(a) allows the
confidential treatment of "trade secrets," with the exception of "emissions data."
In order for the Division of Air Quality to make a determination on your request for confidential
treatment of the specified data in your 2008 Air Emissions Inventory, you must submit a written
justification for the confidentiality claim, explaining the following:
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.
This supporting information is necessary to evaluate each specific type of data requested to be
held confidential. Please note that the confidential request must be for data that can be specifically
enumerated and marked a being confidential. The DAQ will deny blanket requests for confidential
treatment of data, such as item 3 in your cover letter. For the remaining items 1, 2 and 4, the cover letter
does not address how the specified data are protected by your company. How the data qualify for trade
DEQ-CFW 00065459

• Confidentiality Determ*ion/Al — DuPont Company
r
30 September 2009
Page 2
secret is addressed, and it is also stated that the specified data does not meet the 40 CFR 2.301 definition
of "emissions data."
Annual throughput is simply the value/rate for a process in a given year. In your 2008 inventory,
this value/rate is multiplied times the corresponding pollutant specific emission factor to produce
pollutant specific annual emissions. Based on DAQ evaluation of your data, item 1, annual throughput
data, cannot be claimed confidential because it is a necessary element in calculating annual emissions,
and thus constitutes "emissions data." Item 2, the operating schedule, such that it is not considered in
calculating your 2008 actual annual emissions, can be held confidential. Item 4, emissions calculations,
where they include annual throughput, throughput units, control efficiencies, emission factors and any
other value necessary to calculate the annual emissions, cannot be held confidential because they show
how the actual emissions were derived. Any such data that is "trade secret," as defined in NCGS 66-
152(2), that is not also emissions data, can be held confidential in the emission calculations, such as
chemistry and process related information. However, those data must be specifically marked and the
portions of the calculation including emissions data cannot be held confidential.
We understand the need to protect valuable business data, however, when those data are
necessary to calculate emissions, we cannot hold them confidential. We encourage you to investigate
finding an alternate credible value/rate for these processes/sources and to develop corresponding emission
factors, thus allowing you to protect valuable business data. The DAQ will gladly evaluate new source
test data and/or alternative emissions calculations for this purpose.
Please resubmit, by 21 October 2009, the 2008 Air Emissions Inventory with the confidentiality
claim and notations removed from the annual throughput, throughput units, and emissions calculations
portions of the report. Please also respond with the additional information of how the specified data in
items 1, 2, and 4, are protected by your company. If you have any questions, please do not hesitate to call
Heather Hawkins, Environmental Specialist, or me at [phone].
Sincerely,
Steven F. Vozzo
Regional Air Quality Supervisor
Fayetteville Regional Office
SFV/hsh
cc: FRO County Files
DAQ Central Files
DEQ-CFW 00065460