95-24585. Access to Confidential Business Information by the New York Department of Environmental Conservation

[Federal Register Volume 60, Number 191 (Tuesday, October 3, 1995)]
[Notices]
[Pages 51790-51791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24585]



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ENVIRONMENTAL PROTECTION AGENCY

[OPPTS-140237; FRL-4982-5]


Access to Confidential Business Information by the New York 
Department of Environmental Conservation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has authorized its contractor, the State of New York 
Department of Environmental Conservation access to information which 
has been submitted to EPA under sections of the Toxic Substances 
Control Act (TSCA). Some of the information may be claimed or 
determined to be confidential business information (CBI).

DATES: Access to the confidential data submitted to EPA will occur no 
sooner than October 18, 1995.

FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, 
Environmental Assistance Division (7408), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, Rm. E-545, 401 
M St., SW., Washington, DC 20460, [phone], TDD: [phone]; 
e-mail: [e-mail].

SUPPLEMENTARY INFORMATION: Under contract number 68-W5-0040, the State 
of New York Department of Environmental Conservation will review 
information directed to EPA under the authority of TSCA, including CBI, 
and determine the value of such information to its toxics programs. 
This contractor will produce a paper containing a summary of its 
findings to be directed to EPA.
    In accordance with 40 CFR 2.306(j), EPA has determined that under 
EPA contract number 68-W5-0040, the identified contractor will require 
access to information, including CBI, submitted to EPA under all 
sections of TSCA to perform successfully the duties specified under the 
contract.
    EPA is issuing this notice to inform all submitters of information 
under all sections of TSCA that EPA may provide access to these CBI 
materials on a need-to-know basis only. All access to TSCA CBI under 
this contract will take place at EPA Headquarters and at the State/
contractor toxics facility headquarters located at 50 Wolf Road, 
Albany, NY 12233.
    The contractor will be required to adhere to a modified version of 
the security provisions included in the EPA TSCA Confidential Business 
Information Security Manual. These 

[[Page 51791]]
modified provisions do not substantively reduce the level of security 
afforded TSCA CBI. Copies of the modified version are available from 
the address referenced above in FOR FURTHER INFORMATION CONTACT. 
Additional information may be secured from Scott Sherlock, EPA staffer 
assigned to this project at [phone]; e-mail: 
[e-mail].
    Before access to TSCA CBI will be authorized at the contractor's 
site, EPA is required to approve the contractor's security 
certification statement, perform the required inspection of the 
facility, and ensure that the facilities are in compliance with the 
modified security provisions. Upon completing review of the CBI 
materials, the State/contractor will return all these materials to EPA.
    Clearance for access to TSCA CBI under this contract may continue 
60 days after the date of commencement, unless EPA agrees to extend it, 
in which case clearance will be extended to 120 days after the date of 
commencement.
    All contractor personnel having access to the TSCA CBI will be 
required to sign nondisclosure agreements and will be briefed on 
appropriate security procedures before they are permitted access to 
TSCA CBI. Additionally, the contractor has provided assurances in 
writing that the TSCA CBI protections required under this contract are 
not inconsistent with any existing State provisions.

List of Subjects

    Environmental protection, Access to confidential business 
information.

    Dated: September 27, 1995.

George A. Bonina,
Acting Director, Information Management Division, Office of Pollution 
Prevention and Toxics.

[FR Doc. 95-24585 Filed 10-2-95; 8:45 am]
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