E9-28172. Access to Confidential Business Information by Science Applications International Corporation

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice.

SUMMARY:

EPA has authorized its contractor, Science Applications International Corporation (SAIC)], to access information which has been submitted to EPA under sections 4, 5, 8, 12, and 13 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 will occur no sooner than December 2, 2009.

FOR FURTHER INFORMATION CONTACT:

For general information contact: Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: [phone]; e-mail address: [e-mail].

For technical information contact: Scott Sherlock, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: [phone]; fax number: [phone]; e-mail address: Scott [e-mail].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Notice Apply to Me?

This action is directed to the public in general. This action may, however, be of interest to all who manufacture, process, or distribute industrial chemicals. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

Docket. EPA has established a docket for this action under docket identification (ID) number EPA-HQ-OPPT-2003-0004. All documents in the docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically at http://www.regulations.gov, or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. The telephone number of the EPA/DC Public Reading Room is [phone], and the telephone number for the OPPT Docket is [phone]. Docket visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an X-ray machine and subject to search. Visitors will be provided an EPA/DC badge that must be visible at all times in the building and returned upon departure.

II. What Action is the Agency Taking?

Under Contract Number EP-W-09-032, contractor SAIC of 10260 Campus Point Drive, San Diego, CA, will assist the Office of Pollution Prevention and Toxics (OPPT) and the Office of Civil Enforcement (OCE) Core TSCA enforcement program by targeting facilities for inspections and investigations; inspecting and investigating facilities; case reviews and case development of activities relating to the manufacture, processing, distribution in commerce and disposal of toxic substances; developing and implementing data systems for internal enforcement tracking; and information collection from businesses that may request TSCA-CBI claims. SAIC may work in conjunction with the Information Management Division, Chemical Control Division, Economics, Exposure and Technology Division, and the Risk Assessment Division in OPPT. SAIC may work with data contained in the OPPT data systems, such as CICIS (TSCA Public Inventory), CCID (TSCA Confidential Inventory), CUS (Chemical Update System), CBITS (Confidential Business Information Tracking System), and MITS (Management Information Tracking System), to obtain information to support OCE’s enforcement activities. All CBI claims requested when conducting investigations and inspections, issuing warrants or delivering subpoenas from which information collected and reviewed determines compliance, will be handled in accordance to the CBI Procedures. SAIC will administer a CBI documents tracking system beginning when the initial control number is assigned until the document is transferred to the EPA DCO, other SAIC DCO, returned to the company by the DCO, or destroyed by the DCO as required.

In accordance with 40 CFR 2.306(j), EPA has determined that under Contract Number EP-W-09-032, SAIC will require access to CBI submitted to EPA under sections 4, 5, 8, 12, and 13 of TSCA to perform successfully the duties specified under the contract. SAIC personnel will be given access to information submitted to EPA under sections 4. 5, 8, 12, and 13 of TSCA.

EPA is issuing this notice to inform all submitters of information under sections 4, 5, 8, 12, and 13 of TSCA that EPA may provide SAIC 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 SAIC’s sites located at the Energy, Environment and Infrastructure Business Unit, 12100 Sunset Hills Road, Reston, VA and 405 Urban Street, Suite 400, Lakewood, CO. However, no CBI storage or access will take place at the facilities until after an inspection has taken place and the Agency is satisfied that the sites meet the specifications for the use and storage of TSCA CBI materials.

Access to TSCA data, including CBI, will continue until September 30, 2014. If the contract is extended, this access will also continue for the duration of the extended contract without further notice.

SAIC personnel will be required to sign nondisclosure agreements and will be briefed on appropriate security procedures before they are permitted access to TSCA CBI.

List of Subjects

• Environmental Protection
• Confidential Business Information

Dated: November 18, 2009.

Matthew Leopard,

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