
[Federal Register: August 28, 2009 (Volume 74, Number 166)]
[Notices]               
[Page 44357-44358]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au09-43]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0004; FRL-8433-6]

 
Access to Confidential Business Information by Industrial 
Economics, Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has authorized its contractor, Industrial Economics, Inc. 
of Cambridge, MA, to access information which has been submitted to EPA 
under all 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 will occur no sooner than 
September 4, 2009.

FOR FURTHER INFORMATION CONTACT: For general information contact: 
Jonathan Libber, Office of Enforcement and Compliance Assurance 
(2248A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 564-6102; e-mail 
address: libber.jonathan@epa.gov.
    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: (202) 564-8257; fax 
number: (202) 564-8251; e-mail address: sherlock.scott@epa.gov.

SUPPLEMENTARY INFORMATION:

[[Page 44358]]

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 you if you or your firm is the subject of an 
EPA enforcement action under the Toxic Substances Control Act (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 technical person listed 
under FOR FURTHER INFORMATION CONTACT.

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

    1. 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 legal holidays. The telephone 
number of the EPA/DC Public Reading Room is (202) 566-1744, and the 
telephone number for the OPPT Docket is (202) 566-0280. 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.
    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.

II. What Action is the Agency Taking?

    Under Contract Number GS10F0224J, Order Number EP07H000213, 
contractor Industrial Economics, Inc. of 2067 Massachusetts Avenue, 
Cambridge, MA, will assist the Office of Pollution Prevention and 
Toxics (OPPT) in preparing financial analyses of the firms, individuals 
and organizations that are the subject of EPA enforcement actions taken 
under TSCA.
    In the course of these enforcement actions, Industrial Economics, 
Inc. may need to review such documents such as a violators tax returns, 
financial statements, sales data, bank statements, recent loan 
applications, W-2 forms, etc. The contractor needs this information in 
order to determine what the violator can afford vis-[agrave]-vis 
compliance costs, clean-up costs and civil penalties. The contractor 
may also be reviewing this information in regard to determining how 
much money and economic benefit, the violators obtained by violating 
the law. Some of the information may be claimed or determined to be 
CBI.
    In accordance with 40 CFR 2.306(j), EPA has determined that under 
Contract Number GS10F0224J, Order Number EP07H000213, Industrial 
Economics, Inc. will require access to CBI submitted to EPA under all 
sections of TSCA to perform successfully the duties specified under the 
contract. Industrial Economics, Inc. personnel will be given access to 
information submitted to EPA under all sections of TSCA.
    EPA is issuing this notice to inform all submitters of information 
under all sections of TSCA that EPA may provide Industrial Economics, 
Inc. 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 Industrial Economics, Inc.'s site located in 
Cambridge, MA, in accordance with EPA's TSCA CBI Protection Manual.
    Access to TSCA data, including CBI, will continue until March 31, 
2010. If the contract is extended, this access will also continue for 
the duration of the extended contract without further notice.
    Industrial Economics, Inc. 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: August 21, 2009.
Matthew G. Leopard,
Acting Director, Information Management Division, Office of Pollution 
Prevention and Toxics.

[FR Doc. E9-20797 Filed 8-27-09; 8:45 am]

BILLING CODE 6560-50-S
