[Federal Register Volume 59, Number 239 (Wednesday, December 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30737]


[[Page Unknown]]

[Federal Register: December 14, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5121-5]

 

Notice of Transfer and Disclosure of Confidential Business 
Information Obtained Under the Comprehensive Environmental Response, 
Compensation, and Liability Act to EPA Contractors and Subcontractors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice, request for comment.

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SUMMARY: EPA Region VII hereby complies with the requirements of 40 CFR 
2.301(h) and 40 CFR 2.310(h) and intends to authorize certain 
contractors and subcontractors access to Confidential Business 
Information (``CBI'') which has been submitted to and collected by EPA 
Region VII under Section 104 of the Comprehensive Environmental 
Response, Compensation, and Liability Act (``CERCLA'') and pertains to 
Superfund sites.

FOR FURTHER INFORMATION CONTACT:
Environmental Protection Agency, Region VII, Rebecca L. Himes, Office 
of Regional Counsel, 726 Minnesota Avenue, Kansas City, Kansas 66101, 
(913) 551-7253.

SUPPLEMENTARY INFORMATION: On January 5, 1993, EPA published in the 
Federal Register (58 CFR 458) an amendment to the EPA regulations at 40 
CFR 2.310 governing confidential business information, authorizing 
disclosure of confidential data submitted by EPA contractors and 
subcontractors, pursuant to Section 104 of CERCLA, to other Agency 
contractors.

    Notice of Required Determinations, Contract Provisions, and 
Opportunity to Comment: CERCLA, commonly known as ``Superfund,'' 
requires the establishment of an administrative record upon which the 
President shall base the selection of a response action. CERCLA also 
requires the maintenance of many other records, including those 
relevant to cost recovery and litigation support.
    Pursuant to 40 CFR 2.301(h) and 40 CFR 2.310(h), EPA is authorized 
to disclose confidential data submitted by EPA contractors and 
subcontractors pursuant to Section 104 of CERCLA to other EPA 
contractors and subcontractors. Before such disclosure is made, the 
Agency must notify the submitter of the information to be disclosed, 
the identity of the contractor or subcontractor, the contractor or 
subcontractor number, and the purpose of the disclosure, and give the 
submitter an opportunity to comment on the disclosure.
    EPA Region VII has determined that disclosure of Superfund 
contractor CBI to certain other EPA contractors and subcontractors 
listed below is necessary in order that they may carry out the work 
requested under those contracts or subcontracts with EPA, including (1) 
compilation, organization, and tracking of litigation support documents 
and information, (2) review and analysis of documents and information, 
and (3) providing computerized database systems and customized reports. 
The information to be disclosed includes and information submitted to 
EPA by contractors or subcontractors in connection with contracts 
whereby contractors provide goods or services in support of EPA actions 
under CERCLA, including information related to the scope, nature, and 
cost of work performed by such contractors. Prior to disclosure of any 
CBI, employees of the contractors and subcontractors listed below will 
be required to sign a written agreement that he/she: (1) will use the 
information only for the purpose of carrying out the work required by 
the contract; (2) shall refrain from disclosing the information to 
anyone other than EPA without the prior written approval of each 
affected business or of an EPA legal office; and (3) shall return to 
EPA all copies of the information and any abstracts or extracts 
therefrom, (a) upon completion of the contracts, (b) upon request of 
the EPA, or (c) whenever the information is no longer required by the 
contractor or subcontractor for performance of work requested under 
those contracts. These nondisclosure statements shall be maintained on 
file with the EPA Region VII Project Contact for CACI, Acumenics 
Research and Technology, Inc., and Aspen Systems Corporation. CACI, 
Acumenics, and Aspen Systems employees will be provided technical 
direction from their respective EPA contract management staff.
    EPA hereby advises affected parties that they have five (5) working 
days to comment pursuant to 40 CFR 2.301(h)(2)(iii) and 40 CFR 
2.310(b). Comments should be sent to Environmental Protection Agency, 
Region VII, David Cozad, Office of Regional Counsel, 726 Minnesota 
Avenue, Kansas City, Kansas 66101.
Dennis Grams,
Regional Administrator.

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             Contractor/Subcontractor                   Contract No.    
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CACI..............................................  3C-G-ENR-0051       
Acumenics Research and Technology, Inc............  3C-G-ENR-0052       
Aspen Systems Corporation.........................  3C-G-ENR-0053       
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[FR Doc. 94-30737 Filed 12-13-94; 8:45 am]
BILLING CODE 6560-50-M