DEQ-CFW_00085776

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue, Governor Division of Air Quality Dee Freeman, Secretary
B. Keith Overcash, P.E., Director
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 CPR 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
pl,
Fayetteville Regional Office — Division of Air Quality
225 Green Street, Suite 714, Fayetteville, North Carolina 28301-5043
Main Phone: [phone] DAQ Fax: [phone] Internet: http://www.ncair.org
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
NorthCarol ' a
Naturally,
DEQ-CFW 00085776

Confidentiality Determination/AI — DuPont Company
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].
Sincerel ,
Steven F. Vozzo
Regional Air Quality Supervisor
Fayetteville Regional Office
SFV/hsh
cc: FRO County Files
DAQ Central Files
DEQ-CFW 00085777