[Federal Register Volume 74, Number 40 (Tuesday, March 3, 2009)]
[Notices]
[Page 9242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4463]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8774-7]


Notice of Disclosure Pursuant To Court Order of Possible 
Confidential Business Information Obtained Under the Comprehensive 
Environmental Response, Compensation and Liability Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of disclosure.

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SUMMARY: EPA regulations provide that EPA may, in special 
circumstances, disclose business information, including confidential 
business information, ``in any manner and to the extent ordered by a 
Federal Court.'' See 40 CFR 2.209(d). EPA is currently engaged in 
litigation with the Potentially Responsible Parties (``PRPs'') in 
connection with the Modesto Groundwater Superfund Site (``Site'') in 
California (U.S. v. Lyon, et al., Case No. 07-CV-00491 LJO GSA). A 
Stipulation and Order Protecting Confidential Information, dated 
January 22, 2009, providing procedures for the release of confidential 
business information in that case, has been entered at the United 
States Federal District Court for the Eastern District of California 
(hereinafter ``Court Order''). EPA intends to release to the PRPs and 
to third-party defendants documentation, including but not limited to 
documentation of EPA's past costs at the Site, which may contain 
confidential business information, pursuant to that Court Order.

DATES: Disclosures will be made no earlier than two weeks following the 
date that this Federal Register Notice is published.
    Availability: A copy of the above-referenced Court Order will be 
provided to the public upon request.

FOR FURTHER INFORMATION CONTACT: Requests for copies of the Court Order 
and additional information should be directed to Laurie Williams, 
Assistant Regional Counsel, U.S. EPA, Region IX, 75 Hawthorne St., ORC-
3, San Francisco, CA 94105; [email protected]; phone: (415) 972-
3867.

Notice of Disclosures Pursuant to Court Order

    Pursuant to the Court Order, defendants and third-party defendants 
who receive documents that may contain CBI are required to follow 
specified procedures to maintain the confidentiality of such 
information. EPA hereby gives notice to the following parties that EPA 
intends to disclose information in EPA's possession that may be or may 
contain confidential business information, under the protection of the 
above-mentioned Court Order:
    (1) Any and all contractors that were under contract to perform 
and/or did perform work at the Site, including but not limited to the 
contractors listed below and any subcontractor or temporary firm that 
performed work at or for the Site:

ACC Environmental Consultants, Inc.
Agriculture & Priority Pollutants Laboratories, Inc.
Air Toxics Ltd.
APPL, Inc.
Armstrong Data Services, Inc. (68-W5-0024)
ASRC Aerospace Corp. (68-W-01-002, 68-R9-0101)
Beylik Drilling, Inc.
Block Environmental Services, Inc.
Calgon Carbon Corp.
California Water Laboratories, Inc.
CH2M Hill, Inc.
Condor Earth Technologies, Inc.
Curtis & Tompkins Analytical Laboratories
Ecology and Environment, Inc.
Energy Laboratories, Inc.
FGL Environmental
Forward, Inc.
GeoAnalytical Laboratories, Inc.
Geological Technics, Inc.
GRB Environmental Services, Inc. (EP-R9-06-03)
ICF Kaiser Engineers, Inc.
ICF Technology, Inc.
JL Analytical, Inc.
Labat-Anderson, Inc. (68-W9-0052, 68-W4-0028)
Lockheed Idaho Technologies Co.
Lockheed Martin Environmental Services
McCain Environmental Services
Mid-Valley Engineering
Montgomery Watson Americas, Inc.
Montgomery Watson Harza
Montgomery Watson, Inc.
MPDS Services, Inc.
Osterburg Brothers Drillers
Pace Analytical Services, Inc.
PC Exploration, Inc.
Pratt-Navarro Architecture
PRC Environmental Management, Inc.
PRC Patterson Corp, Inc.
Radian Corp
R B Welty & Associates, Inc.
Recra Environmental Inc.
Southwest Laboratory of Oklahoma, Inc.
Standard Management Company
Thermo Nutech
Thompson-Hysell Engineers, Inc.
Trace Analysis Laboratory, Inc.
Truesdail Laboratories, Inc.
U.S. Ecology, Inc.

    (2) Other business entities that have done business with the above-
listed contractors and/or who may have been listed in conflict of 
interest disclosures.
    (3) Unsuccessful offerors to any contracts for work at the Site.

    Dated: February 10, 2009.
Keith Takata,
Director, Superfund Division, U.S. EPA Region IX.
[FR Doc. E9-4463 Filed 3-2-09; 8:45 am]
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