04-6432. Access to Confidential Business Information by Battelle Memorial Institute

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice.

SUMMARY:

EPA has authorized its contractor Battelle Memorial Institute (BMI), of Columbus, Ohio, access to information which has been submitted to EPA under sections 4, 5, 6, 8(a), 11, and 21 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 March 30, 2004.

FOR FURTHER 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; telephone number: [phone]; e-mail address: TSCA-Hotline@.epa.gov.

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 those persons who are or may be required to conduct testing of chemical substances under TSCA. 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 person listed under FOR FURTHER INFORMATION CONTACT.

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

1. Docket. EPA has established an official public docket for this action under docket identification (ID) number OPPT-2003-0004. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include CBI or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the EPA Docket Center, Rm. B102-Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The EPA Docket Center Reading Room telephone number is [phone] and the telephone number for the OPPT Docket, which is located in EPA Docket Center, is [phone].

2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the “Federal Register” listings at http://www.epa.gov/​fedrgstr/​.

An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/​edocket/​ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I.B.1. Once in the system, select “search,” then key in the appropriate docket ID number.

II. What Action is the Agency Taking?

Under Contract Number EP-W-04-020, BMI of 505 King Avenue, Columbus, OH, will assist EPA in statistical and technical support for the assessment of toxic substances. BMI will also provide statistical, mathematical, high production volume, field data collection and technical analysis support and planning for EPA's Office of Pollution Prevention and Toxics (OPPT) programs, such as Lead Programs and other technology and exposure-related studies.

Under Contract Number EP-W-04-021, BMI of 505 King Avenue, Columbus, OH, will assist EPA in statistical and technical support for the assessment of toxic substances. BMI will also provide statistical, mathematical, field data collection, physical testing, technical analysis support, and planning for OPPT programs, such as Lead Programs and other technology and exposure-related studies.

In accordance with 40 CFR 2.306(j), EPA has determined that under Contract Numbers EP-W-04-020 and EP-W-04-021, BMI will require access to CBI submitted to EPA under sections 4, 5, 6, 8(a), 11, and 21 of TSCA, to perform successfully the duties specified under the contract.

BMI personnel will be given information submitted to EPA under sections 4, 5, 6, 8(a), 11, and 21 of TSCA. Some of the information may be claimed or determined to be CBI.

EPA is issuing this notice to inform all submitters of information under sections 4, 5, 6, 8(a), 11, and 21 of TSCA, that the Agency may provide BMI access to these CBI materials on a need-to-know basis only. All access to TSCA CBI under these contracts will take place at EPA Headquarters and BMI's site located at 505 King Avenue, Columbus, OH. BMI personnel will be required to adhere to all provisions of EPA's TSCA Confidential Business Information Security Manual.

Clearance for access to TSCA CBI under Contract Numbers EP-W-04-020 and EP-W-04-021 may continue until March 2, 2009. Access will commence no sooner than March 30, 2004.

BMI personnel have signed 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: March 15, 2004.

Brion Cook,

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