[Federal Register Volume 60, Number 211 (Wednesday, November 1, 1995)]
[Notices]
[Pages 55568-55569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27071]



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[[Page 55569]]


ENVIRONMENTAL PROTECTION AGENCY
[FRL-5321-8]


Notice of Disclosure of Confidential Business Information 
Obtained Under the Comprehensive Environmental Response, Compensation 
and Liability Act to EPA Authorized Representative Department of Toxic 
Substances Control, California Environmental Protection Agency

AGENCY: Environmental Protection Agency.

ACTION: Notice; Request for Comment.

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SUMMARY: EPA hereby complies with the requirements of 40 CFR 
2.310(h)(3) for notice of disclosure to its authorized representative, 
the Department of Toxic Substances Control (``DTSC''), California 
Environmental Protection Agency, Superfund confidential business 
information (``CBI'') which has been submitted to EPA Region 9, 
Hazardous Waste Management Division, Office of Superfund Programs.

DATES: Comments may be submitted until November 13, 1995.

ADDRESSES: Comments should be sent to: Kim Muratore (H-7-4), 
Environmental Protection Agency, Region 9, 75 Hawthorne Street, San 
Francisco, CA 94105.

FOR FURTHER INFORMATION CONTACT: Kim Muratore, Office of Superfund 
Programs, Environmental Protection Agency, Region 9, 75 Hawthorne 
Street, San Francisco, CA 94105, (415) 744-2373.

NOTICE OF REQUIRED DETERMINATIONS, PROVISIONS, AND OPPORTUNITY TO 
COMMENT: The Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 [''CERCLA''], as amended, (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. EPA has granted authorized 
representative status to the State of California Department of Toxic 
Substances Control, California Environmental Protection Agency. 
Pursuant to 40 CFR 2.310(h)(3), a state or local governmental agency 
which has duties or responsibilities under CERCLA or its regulations 
may be considered an authorized representative of the United States for 
purposes of disclosure of confidential information and may be furnished 
such information upon written request if:
    (i) The agency has first furnished to the EPA office having custody 
of the information a written opinion from the agency's chief legal 
officer or counsel stating that under applicable state or local law the 
agency has the authority to compel a business which possesses such 
information to disclose it to the agency, or
    (ii) Each affected business is informed of those disclosures under 
this paragraph (h)(3) which pertain to it, and the agency has shown to 
the satisfaction of an EPA legal office that the agency's use and 
disclosure of such information will be governed by state or local law 
and procedures which will provide adequate protection to the interests 
of affected businesses.
    Pursuant to 40 CFR 2.310(h)(4), at the time any information is 
released to a state or local government pursuant to paragraph 2.310(h), 
EPA must notify the state or local government that the information may 
be entitled to confidential treatment and that any knowing and willful 
disclosure of the information may subject the state or local government 
and its employees to penalties in section 104(e)(2)(B) of CERCLA.
    EPA has determined that DTSC has satisfied the requirements of 
subparagraph 40 CFR 2.310(h)(3)(ii) that the agency demonstrate to the 
satisfaction of EPA that the agency's use and disclosure of such 
information will be governed by state or local law and procedures which 
will provide adequate protection to the interests of affected 
businesses.
    EPA hereby advises affected parties that they are informed of 
potential disclosures to DTSC under paragraph (h)(3), and that they 
have ten working days to comment pursuant to 40 CFR 2.301 (h)(2)(iii), 
incorporated by reference into 40 CFR 2.310 (h)(2). Comments should be 
sent to: Environmental Protection Agency, Region 9, Kim Muratore (H-7-
4), 75 Hawthorne Street, San Francisco, CA 94105.

    Dated: October 19, 1995.
Keith Takata,
Deputy Director for Superfund Hazardous Waste Management Division, EPA, 
Region 9.
[FR Doc. 95-27071 Filed 10-31-95; 8:45 am]
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