[Federal Register Volume 74, Number 97 (Thursday, May 21, 2009)]
[Notices]
[Page 23857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11922]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8908-5]


Notice of Disclosure of Confidential Business Information 
Obtained Under the Comprehensive Environmental Response, Compensation 
and Liability Act to EPA Authorized Representative, Utah Department of 
Environmental Quality

AGENCY: Environmental Protection Agency (EPA).

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 Utah Department of Environmental Quality (``UDEQ''), Superfund 
confidential business information (``CBI'') which has been submitted to 
EPA Region 8, Office of Ecosystems Protection and Remediation.

DATES: Comments may be submitted until June 22, 2009.

ADDRESSES: Comments should be sent to: Kelcey Land (Mail Code 8ENF-RC), 
Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, 
CO 80202-1129.

FOR FURTHER INFORMATION CONTACT: Kelcey Land (Mail Code 8ENF-RC), 
Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, 
CO 80202-1129 (303) 312-6393.
    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 Utah Department of Environmental 
Quality. Pursuant to 40 CFR 2.310(h)(3), a state or local governmental 
agency which has duties or responsibilities under CERCLA, or under 
regulations which implement CERCLA, may be considered an authorized 
representative of the United States for purposes of disclosure of CBI 
and may be furnished such CBI upon the agency's written request, but 
only 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 UDEQ 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 UDEQ under paragraph 40 CFR 2.310(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 
8, Kelcey Land (Mail Code 8ENF-RC), Environmental Protection Agency, 
Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129.

    Dated: May 12, 2009.
Carol Campbell,
Assistant Regional Administrator, Office of Ecosystems Protection and 
Remediation, EPA, Region 8.
[FR Doc. E9-11922 Filed 5-20-09; 8:45 am]
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