[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: [email protected]. 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-H[email protected]. Additional general information may be 
secured from Scott M. Sherlock at (202) 260-1536;
e-mail:[email protected].

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:
    [email protected]
    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