DEQ-CFW_00068449

LJ
•
4M.
DuPont Fluoroproducts
22828 NC Highway 87 West
Fayetteville, NC 28306-7332
June 8, 2010
Mr. Steven F. Vozzo
Air Quality Supervisor
NCDENR — Division of Air Quality
225 Green Street - Suite 714
Fayetteville, NC 28301
SUBJECT: Confidential Information Justification — 2009 Emissions Inventory
DuPont Company — Fayetteville Works
Bladen County, North Carolina
Air Permit No. 03735T35
Facility ID: 06/09-0900009
Dear Mr. Vozzo,
This letter provides the written justification for the confidentiality claim of confidential
information associated with the 2009 emissions inventory report from the DuPont Company —
Fayetteville Works ("DuPont").
The following table lists the specific emission sources for which confidential information is
being claimed and the justification for that confidentiality claim.
If you have any questions regarding this written justification for DuPont's confidentiality claim,
please feel free to call me at [phone].
FAYEi1 EVILLIE EEGIONAL OFFICE
Michael E. Johnson
Environmental Manager
E.I. du Pont de Nemours and Company
DEQ-CFW 00068449

•
Mr. Steven F. Vozzo
NCDENR — Division of Air Quality
June 8, 2010
0 Page 2of9
2010 EMISSIONS INVENTORY — CONFIDENTIAL INFORMATION
Justification for
Emission
Confidential Information
Confidentiality
Source
N
Claim
Annual Throughput is reported as 7970461 and expressed
See "Production
BS-B
in "PPU". The Confidential Information for that source is
Quantity Based
the actual 2009 production value.
Justification"
(Emission
Group
Normal Operating Schedule was not used in the
See "Operating
G-39)
emissions determination and therefore qualifies as
Hours Based
Confidential Information.
Justification"
Annual Throughput is reported as 1807548 and expressed
See "Production
in "DU". The Confidential Information for that source is
Quantity Based
the actual 2009 production value.
Justification"
BS-C
Normal Operating Schedule was not used in the emissions
See "Operating
determination and therefore qualifies as Confidential
Hours Based
Information.
Justification"
Annual Throughput is reported as 581 and expressed in
See "Operating
"TU". The Confidential Information for that source is the
Hours Based
actual 2009 operating hours.
Justification"
BS-El
Normal Operating Schedule is given in the "Annual
See "Operating
Throughput" information and is expressed in units of "TU"
Hours Based
on the AERO database. The Confidential Information for
Justification"
that source is the actual 2009 operating hours.
Annual Throughput is reported as 38249 and expressed in
See "Operating
"TU". The Confidential Information for that source is the
Hours Based
actual 2009 operating hours.
Justification"
B S-E2
Normal Operating Schedule is given in the "Annual
See "Operating
Throughput" information and is expressed in units of "TU"
Hours Based
on the AERO database. The Confidential Information for
Justification"
that source is the actual 2009 operating hours.
DEQ-CFW 00068450

LJ
•
Mr. Steven F. Vozzo
NCDENR — Division of Air Quality
June 8, 2010
Page 3 of 9
2010 EMISSIONS INVENTORY — CONFIDENTIAL INFORMATION
Justification for
Emission
Confidential Information
Confidentiality
Source
Claim
Annual Throughput is reported as 37737 and expressed in
See "Operating
"TU". The Confidential Information for that source is the
Hours Based
actual 2009 operating hours.
Justification"
BS-E4
Normal Operating Schedule is given in the "Annual
See "Operating
Throughput" information and is expressed in units of "TU"
Hours Based
on the AERO database. The Confidential Information for
Justification"
that source is the actual 2009 operating hours.
Annual Throughput is reported as 2090003 and expressed
See "Production
in "CU" for which one CU. The Confidential Information
Quantity Based
for that source is the actual 2009 production value.
Justification"
BS-F
Normal Operating Schedule was not used in the emissions
See "Operating
determination and therefore qualifies as Confidential
Hours Based
Information.
Justification"
Annual Throughput is reported as 806 and expressed in
See "Operating
"TU". The Confidential Information for that source is the
Hours Based
actual 2009 operating hours.
Justification"
BS-G
Normal Operating Schedule is given in the "Annual
See "Operating
Throughput" information and is expressed in units of "TU"
Hours Based
on the AERO database. The Confidential Information for
Justification"
that source is the actual 2009 operating hours.
Normal Operating Schedule was not used in the emissions
See "Operating
NS-A
determination and therefore qualifies as Confidential
Hours Based
Information.
Justification"
Normal Operating Schedule was not used in the emissions
See "Operating
NS-B
determination and therefore qualifies as Confidential
Hours Based
Information.
Justification"
DEQ-CFW 00068451

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Mr. Steven F. Vozzo
NCDENR — Division of Air Quality
June 8, 2010
Page 4of9
2010 EMISSIONS INVENTORY — CONFIDENTIAL INFORMATION
Justification for
Emission
Confidential Information
Confidentiality
Source
Claim
Normal Operating Schedule was not used in the emissions
See "Operating
NS-C
determination and therefore qualifies as Confidential
Hours Based
Information.
Justification"
Annual Throughput is reported as 4395.5 and expressed
See "Production
in "RSU Units". The Confidential Information for that
Quantity Based
source is the actual 2009 production value.
Justification"
NS-D
Normal Operating Schedule was not used in the emissions
See "Operating
determination and therefore qualifies as Confidential
Hours Based
Information.
Justification"
Annual Throughput is reported as 721.4 and expressed in
See "Production
"MMF Units". The Confidential Information for that
Quantity Based
source is the actual 2009 production value.
Justification"
NS-F
Normal Operating Schedule was not used in the emissions
See "Operating
determination and therefore qualifies as Confidential
Hours Based
Information.
Justification"
Normal Operating Schedule was not used in the emissions
See "Operating
NS-H
determination and therefore qualifies as Confidential
Hours Based
Information.
Justification"
Normal Operating Schedule was not used in the emissions
See "Operating
NS-I
determination and therefore qualifies as Confidential
Hours Based
Information.
Justification"
Annual Throughput is reported as 54 and expressed in
See "Production
batches. The Confidential Information for that source is the
Quantity Based
actual 2009 production value.
Justification"
NS-K
Normal Operating Schedule was not used in the emissions
See "Operating
determination and therefore qualifies as Confidential
Hours Based
Information.
Justification"
DEQ-CFW 00068452

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is
Mr. Steven F. Vozzo
NCDENR — Division of Air Quality
June 8, 2010
Page 5 of 9
2010 EMISSIONS INVENTORY — CONFIDENTIAL INFORMATION
Justification for
Emission
Confidential Information
Confidentiality
Source
Claim
Normal Operating Schedule was not used in the emissions
See "Operating
NS-L
determination and therefore qualifies as Confidential
Hours Based
Information.
Justification"
Operating Schedule was not used in the emissions
See "Operating
7Normal
NS-Mdetermination
and therefore qualifies as Confidential
Hours Based
Information.
Justification"
Annual Throughput is reported as 67 and expressed in
See "Production
batches. The Confidential Information for that source is the
Quantity Based
actual 2009 production value.
Justification"
AS -A
Normal Operating Schedule was not used in the emissions
See "Operating
determination and therefore qualifies as Confidential
Hours Based
Information.
Justification"
Normal Operating Schedule was not used in the emissions
See "Operating
FS-A
determination and therefore qualifies as Confidential
Hours Based
Information.
Justification"
Normal Operating Schedule was not used in the emissions
See "Operating
FS-B
determination and therefore qualifies as Confidential
Hours Based
Information.
Justification"
Normal Operating Schedule was not used in the emissions
See "Operating
I-12
determination and therefore qualifies as Confidential
Hours Based
Information.
Justification"
DEQ-CFW 00068453

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Mr. Steven F. Vozzo
NCDENR — Division of Air Quality
June 8, 2010
Production Quantity Based Justification
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Page 6of9
a. How is the quantity of production protected by DuPont and how would its disclosure affect
DuPont?
Monthly and annual production quantities are protected proprietary information for the
DuPont Company. Within DuPont, documents with this business information are marked
as "DuPont Confidential", which is a high level of information protection. Electronic
format versions of this sensitive information are protected behind secure firewalls.
Information stored locally in laptop computers is protected through encryption and best
practices established by the DuPont Information Security Organization. All DuPont
employees receive annual training on protecting proprietary information, including
sensitive business information such as production quantities and capacities.
Public knowledge of annual production quantities gives strategic business advantage to
competitors around their market penetration, their expansion planning, and DuPont's
processes. The disclosure of this information would give a competitor information to size
expansions strategically, copy DuPont processes, and allow market penetration in an area
which is not readily apparent. Production quantity can be extrapolated to determine
market size and relative attractiveness for a given competitor, allowing them to make a
judgment call whether or not to invest in a specific sector. This would in essence negate
competitive advantage built by a DuPont business.
b. How does the quantity of production meet the definition of "Trade Secret", as defined in
NCGS 66-152(3)?
Pursuant to NCGS 66-152(3), "Trade secret" means business or technical information,
including but not limited to a formula, pattern, program, device, compilation of
information, method, technique, or process that (a) derives independent actual or potential
commercial value from not being generally known or readily ascertainable through
independent development or reverse engineering by persons who can obtain economic
value from its disclosure or use; and (b) is the subject of efforts that are reasonable under
the circumstances to maintain its secrecy.
The quantity of annual production is information that, if disclosed, would give unfair
business advantage to competitors in marketing decisions and expansion investments, and
is therefore information that derives actual commercial value from not being generally
known or readily ascertainable by persons who can obtain economic value from its
disclosure. As described above in item "a", the quantity of annual production is
information that DuPont guards carefully, and therefore is the subject of efforts that are
reasonable under the circumstances to maintain its secrecy. As such, the quantity of
production meets the definition of a "trade secret".
DEQ-CFW 00068454

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Mr. Steven F. Vozzo Page 7 of 9
NCDENR — Division of Air Quality
June 8, 2010
c. How is the quantity of production not "emission data" as defined in 40 CFR 2.301?
Pursuant to 40 CFR 2.3 01 (a)(2)(i),
"emission data means, with reference to any source of emission of any substance into
the air —
(A) Information necessary to determine the identity, amount, frequency,
concentration, or other characteristics (to the extent related to air quality) of
any emission which has been emitted by the source (or of any pollutant
resulting from any emission by the source), or any combination of the
foregoing;
(B) ,Information necessary to determine the identity, amount, frequency,
concentration, or other characteristics (to the extent related to air quality) of
the emissions which, under an applicable standard or limitation, the source
was authorized to emit (including, to the extent necessary for such purposes, a
description of the manner or rate of operation of the source); and
(C) A general description of the location and/or nature of the source to the extent
necessary to identify the source and to distinguish it from other sources
(including, to the extent necessary for such purposes, a description of the
device, installation, or operation constituting the source). "
For the sources specified in this letter, the quantity of production either:
1. was not used to determine the amount or other characteristic of air emissions
emitted from the source in 2009, or
2. was used to determine the amount or other characteristic of air emissions emitted
from the source in 2009, but was reported in a format that allows any member of
the public to easily review and verify the emissions of the report without disclosing
the actual quantity of production.
In either case, the information presented in this letter is not "emissions data" and should,
therefore, be entitled to confidential treatment per NCGS 143-215.3C.
Operating Hours Based Justification (Hours of operation)
a. How are the annual hours of operation protected by DuPont and how would its disclosure
affect DuPont?
Quarterly and annual hours of operation information is protected proprietary information
for the DuPont Company. Within DuPont, documents with this business information are
marked as "DuPont Confidential", which is a high level of information protection.
Electronic format versions of this sensitive information are protected behind secure
DEQ-CFW 00068455

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Mr. Steven F. Vozzo Page 8 of 9
NCDENR — Division of Air Quality
June 8, 2010
firewalls. Information stored locally in laptop computers is protected through encryption
and best practices established by the DuPont Information Security Organization. All
DuPont employees receive annual training on protecting proprietary information,
including sensitive business information such as operating schedules and hours of
operation.
Operating hours and production schedules allow a knowledgeable entity to become aware
of what range of products within or across product families are manufactured on a given
asset. It further will allow for an assessment of the relative quantities and thus relative
attractiveness for a specific product or product line.
Public knowledge of operating schedules and hours of operation gives strategic business
advantage to competitors around their market penetration, their expansion planning, and
DuPont's process capacities. For example, if it is disclosed to a competitor that a given
process is operating every hour of the year, then the competitor could infer that the
process is at its capacity and would know that entry into the market would be risk -free.
Alternatively, if it is disclosed to a competitor that a given process is operating only half
of the year, then the competitor could infer that the process has significant excess
capacity, and could elect not to enter that market. Accordingly, the disclosure of
operating schedules would give a competitor information to size expansions strategically
and allow market penetration in an area which is not readily apparent. Operating
schedules can be extrapolated to determine market size and relative attractiveness for a
given competitor, allowing them to make a judgment call whether or not to invest in a
specific sector. This would in essence negate competitive advantage built by a DuPont
business.
b. How do the annual hours of operation meet the above definition of "Trade Secret", as
defined in NCGS 66-152(3)?
Pursuant to NCGS 66-152(3), "Trade secret" means business or technical information,
including but not limited to a formula, pattern, program, device, compilation of
information, method, technique, or process that (a) derives independent actual or potential
commercial value from not being generally known or readily ascertainable through
independent development or reverse engineering by persons who can obtain economic
value from its disclosure or use; and (b) is the subject of efforts that are reasonable under
the circumstances to maintain its secrecy.
The annual hours of operation is information that, if disclosed, would allow competitors
to accurately estimate whether or not DuPont's processes are operating near their design
capacities. This would give unfair business advantage to these competitors in marketing
decisions and expansion investments, and therefore hours of operation is information that
derives actual commercial value from not being generally known or readily ascertainable
by persons who can obtain economic value from its disclosure. As described above in
DEQ-CFW 00068456

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Mr. Steven F. Vozzo Page 9 of 9
NCDENR — Division of Air Quality
June 8, 2010
item "a", the annual hours of operation is information that DuPont guards carefully, and
therefore is the subject of efforts that are reasonable under the circumstances to maintain
its secrecy. As such, the hours of operation meet the definition of a "trade secret".
c. How are the annual hours of operation not "emission data" as defined in 40 CFR 2.301?
Pursuant to 40 CFR 2.3 01 (a)(2)(i),
"emission data means, with reference to any source of emission of any substance into
the air —
(A) Information necessary to determine the identity, amount, frequency,
concentration, or other characteristics (to the extent related to air quality) of
any emission which has been emitted by the source (or of any pollutant
resulting from any emission by the source), or any combination of the
foregoing;
(B) Information necessary to determine the identity, amount, frequency,
concentration, or other characteristics (to the extent related to air quality) of
the emissions which, under an applicable standard or limitation, the source
was authorized to emit (including, to the extent necessary for such purposes, a
description of the manner or rate of operation of the source); and
(C) A general description of the location and/or nature of the source to the extent
necessary to identify the source and to distinguish it from other sources
(including, to the extent necessary for such purposes, a description of the
device, installation, or operation constituting the source). "
For the sources specified in this letter, the annual hours of operation either:
1. were not used to determine the amount or other characteristic of air emissions
emitted from the source in 2009, or
2. were used to determine the amount or other characteristic of air emissions emitted
from the source in 2009, but were reported in a format that allows any member of
the public to easily review and verify the emissions of the report without disclosing
the actual hours of operation.
In either case, the information presented in this letter is not "emissions data" and should,
therefore, be entitled to confidential treatment per NCGS 143-215.3C.
DEQ-CFW 00068457