[Federal Register Volume 68, Number 220 (Friday, November 14, 2003)]
[Proposed Rules]
[Pages 64726-64727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28420]



  Federal Register / Vol. 68, No. 220 / Friday, November 14, 2003 / 
Proposed Rules  

[[Page 64726]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 350

[SFUND-1988-0002; FRL-7584-9]
RIN 2050-AF10


Trade Secrecy Claims for Emergency Planning and Community Right-
to-Know Information; and Trade Secret Disclosures to Health 
Professionals; Amendment

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking action to 
amend the trade secret regulations to remove the incorrect addresses in 
the regulations for mailing trade secrecy claims, petitions for 
disclosures, and any appeals to EPA determinations of insufficient 
trade secrecy claims. This proposed rule also amends the regulations to 
remove the outdated substantiation form for trade secrecy claims from 
the Code of Federal Regulations. The most current substantiation form 
and the correct addresses to mail the trade secret claims, petitions 
and appeals will be posted on EPA program Web sites.

DATES: Comments, identified by the docket control number SFUND-1988-
0002 must be submitted by December 15, 2003.

ADDRESSES: Comments may be submitted by mail. Comments may also be 
submitted electronically, by facsimile, or through hand delivery/
courier. Send two copies of your comments to: U.S. Environmental 
Protection Agency, EPA Docket Center (EPA/DC), Superfund Docket, 
Mailcode 5305T, 1200 Pennsylvania Avenue, NW., Washington, DC, 20460, 
Attention Docket ID No. SFUND-1988-0002. Follow the detailed 
instructions as provided in Unit I.C. of the SUPPLEMENTARY INFORMATION 
section.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
Emergency Planning and Community Right-to-Know Hotline at (800) 424-
9346 or (703) 412-9810, TDD (800) 553-7672, http://www.epa.gov/epaoswer/hotline/. For questions on the applicability of provisions 
contained in 40 CFR part 350 or on the contents of this document, 
contact: Sicy Jacob, Chemical Emergency Preparedness and Prevention 
Office, (5104A), Environmental Protection Agency, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460, Telephone: 202-564-8019; Fax: 202-
564-8233; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

    In the ``Rules and Regulations'' section of today's Federal 
Register, EPA is issuing these revisions as a direct final rule without 
prior proposal because we view this as a noncontroversial revision and 
anticipate no adverse comment. We have explained our reasons for this 
approval in the preamble to the direct final rule. If we receive no 
adverse comment, we will not take further action on this proposed rule. 
If we receive adverse comment, we will withdraw the direct final rule 
and it will not take effect. We will address all public comments in a 
subsequent final rule based on this proposed rule. We will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.
    This document concerns Trade Secrecy Claims for Emergency Planning 
and Community Right-to-Know Information and Trade Secret Disclosures to 
Health Professionals. For detailed information, please see the 
information provided in the direct final action that is located in the 
``Rules and Regulations'' section of this Federal Register publication.

A. Affected Entities

    Entities that may be affected by this action are those facilities 
subject to sections 303(d)(2) and (d)(3), 311, 312 and 313 of the 
Emergency Planning and Community Right-to-Know Act, specifically, those 
that wish to file trade secrecy claims for chemical identity in the 
reports submitted under these sections.

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

    1. Docket. EPA has established an official public docket for this 
action under Docket ID No. SFUND-1988-0002. You may also obtain 
information related to the final rule published on July 29, 1988 (53 FR 
28772) under Docket ID No. 300-PQ-TS. The official public docket 
consists of the documents specifically referenced in this action, any 
public comments received, and other information related to this action. 
Although a part of the official docket, the public docket does not 
include Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. The official public docket 
is the collection of materials that is available for public viewing at 
the Superfund Docket in the EPA Docket Center (EPA/DC), EPA West, Room 
B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket 
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Reading Room is (202) 566-1742, and the telephone number for the 
Superfund Docket is (202) 566-0276.
    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/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Unit I.B. EPA intends to work toward 
providing electronic access to all of the publicly available docket 
materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing

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copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in EPA's electronic public 
docket. The entire printed comment, including the copyrighted material, 
will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.
    For additional information about EPA's electronic public docket 
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, by facsimile, or 
through hand delivery/courier. To ensure proper receipt by EPA, 
identify the appropriate docket identification number in the subject 
line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. To 
access EPA's electronic public docket from the EPA Internet Home Page, 
select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once 
in the system, select ``search,'' and then key in Docket ID No. SFUND-
1988-0002. The system is an ``anonymous access'' system, which means 
EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], Attention Docket ID No. SFUND-1988-0002. In 
contrast to EPA's electronic public docket, EPA's e-mail system is not 
an ``anonymous access'' system. If you send an e-mail comment directly 
to the Docket without going through EPA's electronic public docket, 
EPA's e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By Mail. Send two copies of your comments to: U.S. Environmental 
Protection Agency, EPA Docket Center (EPA/DC), Superfund Docket, 
Mailcode 5305T, 1200 Pennsylvania Avenue, NW., Washington, DC, 20460, 
Attention Docket ID No. SFUND-1988-0002.
    3. By Hand Delivery or Courier. Deliver your comments to: Superfund 
Docket, EPA Docket Center, 1301 Constitution Avenue, NW., EPA West 
Building, Room B-102, Washington, DC 20004, Attention Docket ID No. 
SFUND-1988-0002. Such deliveries are only accepted during the Docket's 
normal hours of operation as identified in Unit I.B.
    4. By Facsimile. Fax your comments to: (202) 566-0224, Attention 
Docket ID. No. SFUND-1988-0002.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. 
Send or deliver information identified as CBI only to the following 
address: Dorothy McManus, Mailcode 5104A, U.S. EPA, 1200 Pennsylvania 
Avenue, NW., Washington DC 20460. You may claim information that you 
submit to EPA as CBI by marking any part or all of that information as 
CBI (if you submit CBI on disk or CD ROM, mark the outside of the disk 
or CD ROM as CBI and then identify electronically within the disk or CD 
ROM the specific information that is CBI). Information so marked will 
not be disclosed except in accordance with procedures set forth in 40 
CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

List of Subjects in 40 CFR Part 350

    Environmental protection, Chemicals, Confidential business 
information, Hazardous substances, Intergovernmental relations, 
Reporting and recordkeeping requirements.

    Dated: November 3, 2003.
Marianne L. Horinko,
Acting Administrator.
[FR Doc. 03-28420 Filed 11-13-03; 8:45 am]
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