[Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)]
[Notices]
[Pages 39958-39959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19460]
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ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-00190; FRL-5380-1]
Notice of Availability of Contractor Reports, Request for Public
Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability and request for comment.
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SUMMARY: Notice is hereby given that EPA is making available reports
generated by the Georgia Department of Natural Resources, Illinois
Environmental Protection Agency, New York State Department of
Environmental Conservation, and Wisconsin Department of Natural
Resources describing the utility of information directed to EPA through
the Toxic Substances Control Act (TSCA), including confidential
business information (CBI), to state environmental protection and
public health efforts. EPA is also requesting public comment on the
reports and the overall issue of state access to TSCA data, including
CBI information.
DATES: Comments must be received by September 30, 1996. The reports are
available as of July 31, 1996.
ADDRESSES: Submit three copies of all written comments to: TSCA
Document Receipts (7407), Rm. NE-G99, Office of Pollution Prevention
and Toxics, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460, Attention: Docket No. 00190, Telephone 202-260-
7099.
Comments and data may also be submitted electronically by sending
electronic mail (e-mail) to: ncic@epamail.epa.gov. Electronic comments
must be submitted as an ASCII file avoiding the use of special
characters and any form of encryption. Comments and data will also be
accepted on disks in WordPerfect in 5.1 file format or ASCII file
format. All comments and data in electronic form must be identified by
the docket number ``OPPTS-00190.'' No CBI should be submitted through
e-mail. Electronic comments on this proposed rule may be filed online
at many Federal Depository Libraries. Additional information on
electronic submissions can be found in the SUPPLEMENTARY INFORMATION
unit of this document.
FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, Environ-
mental Assistance Division (7408), Office of Pollution Prevention and
Toxics, Environmental Protection Agency, Rm. E-545, 401 M St., SW.,
Washington, DC 20460, (202) 554-1404, TDD: (202) 554-0551, e-mail:
TSCA-Hotline@epamail.epa.gov. Additional general information may be
secured from Scott M. Sherlock at (202) 260-1536;
e-mail:sherlock.scott@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: The Toxic Substances Control Act was enacted
in 1976 to facilitate the development of data on the effect of chemical
substances and mixtures on health and the environment and to regulate
those substances and mixtures which present an unreasonable risk of
injury to health and the environment.
Since 1977, EPA has collected through its TSCA authority a vast
amount of information on chemicals in commerce. This information
includes specific chemical health and safety studies, environmental
exposure information, and company and manufacturing facility-specific
data. This information is used throughout the Federal government for a
wide variety of activities associated with protecting the public health
and the environment.
Section 14 TSCA provides that certain information which is
considered proprietary and confidential may be claimed as CBI. TSCA
requires that EPA strictly limit access to CBI information, except
under very limited circumstances, to the Federal government and its
contractors who are performing work for the Federal government. The
Federal government is required to and committed to protecting that
information claimed as confidential.
Since the early 1980's, it has been recognized by many persons from
industry, labor, states, and the Federal government that state public
health and environmental organizations might benefit from access to
TSCA derived data. This has been recognized because state public health
and environmental programs in many ways mirror Federal ones: states
also do chemical risk assessments and management and prepare for and
address chemical emergencies. Yet states access to TSCA CBI data for
their own use is barred by statute, irrespective of the level of
security the states might provide or the need and utility of the
information. In the past, numerous letters have been generated, and
statements have been made in Congressional and other public hearings
supporting the need for states to gain access to this data. However, no
actions have taken place which resulted in states being able to access
TSCA data claimed as CBI to address state public health and
environmental concerns.
In the early 1990's with the widespread recognition and
appreciation of the critical role states have in protecting public
health and the environment, the issue of state access to TSCA data
again was raised. EPA determined it was of programmatic importance to
determine how states might benefit from access to TSCA data, including
CBI. The Chemical Manufacturers Association (CMA) provided an important
and supportive role in developing the strategy for exploring the issue.
Subsequently in the fall of 1995, EPA, as permitted under TSCA section
14, entered into contracts
[[Page 39959]]
with the Georgia Department of Natural Resources, Illinois
Environmental Protection Agency, New York State Department of
Environmental Conservation, and Wisconsin Department of Natural
Resources to determine the value of TSCA data, including CBI, to state
programs.
By the terms of the contracts, the sole purpose of the project was
to determine the value of TSCA data, including CBI, to state programs.
Access to CBI was permitted only for the very limited purposes
identified in the contracts. No CBI information utilized in this
project could be used for any other purpose. Participating states had
to adhere to modified TSCA security procedures. All personnel were
thoroughly briefed on responsibilities associated with TSCA CBI access
and procedures for protection of CBI.
In late May and early June 1996, reports were received from Georgia
Department of Natural Resources, Illinois Environmental Protection
Agency, New York State Department of Environmental Conservation, and
Wisconsin Department of Natural Resources. In summary, the reports
reflect that the state participants believed access to TSCA data,
including CBI, would benefit state health and environmental protection
programs. The extent of the benefit was determined significantly by the
nature of the particular state's environmental protection program. The
reports reflect that the TSCA data:
1. Provided new information on environmental and health effects of
chemicals manufactured, processed, and used in the states.
2. Provided useful insights on manufacturing facilities and
processes.
3. Provided information on how chemicals are used in specific
manufacturing processes.
4. Provided information on exposure scenarios.
5. Provided information on the synergetic effects of complex
mixtures of chemicals.
The state reports noted that access to TSCA information, including
CBI, has the potential to:
1. Facilitate improved risk assessment and risk management
decisions.
2. Be useful in the air and water permit process.
3. Identify specific situations where regulatory relief may be
appropriate.
4. Foster greater state government to state government, Federal
government to state government environmental protection and public
health cooperation.
Over the next several months, EPA shall be carefully considering
the papers and any public comment it receives on the issue of state
access to TSCA data, including CBI, to determine appropriate next
steps. EPA invites the interested public to review the submitted papers
and any other publicly available information pertaining to the subject.
A record has been established for this action under docket number
``OPPTS-00190'' (including comments and data submitted electronically
as described below). A public version of this record, including
printed, paper versions of electronic comments, which does not include
any information claimed as CBI, is available for inspection from noon
to 4 p.m., Monday through Friday, excluding legal holidays. The public
record is located in the TSCA Nonconfidential Information Center, Rm.
NE-B607, 401 M St., SW., Washington, DC 20460.
Electronic comments can be sent directly to EPA at:
ncic@epamail.epa.gov
Electronic comments must be submitted as an ASCII file avoiding the
use of special characters and any form of encryption.
The official record for this action, as well as the public version,
as described above will be kept in paper form. Accordingly, EPA will
transfer all comments received electronically into printed, paper form
as they are received and will place the paper copies in the official
record which will also include all comments submitted directly in
writing. The official record is the paper record maintained at the
address in ADDRESSES at the beginning of this document.
List of Subjects
Environmental protection and Access to confidential business
information.
Dated: July 24, 1996.
Lynn R. Goldman,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
[FR Doc. 96-19460 Filed 7-30-96; 8:45 am]
BILLING CODE 6560-50-F
