[Federal Register Volume 75, Number 189 (Thursday, September 30, 2010)]
[Page 60452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24569]




Clean Water Act; Contractor Access to Confidential Business 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: The Environmental Protection Agency's (EPA) Office of Water 
intends to transfer information collected from the construction and 
development industry and claimed as confidential business information 
(CBI) to The Cadmus Group (Cadmus) and its subcontractor. In addition, 
EPA plans to transfer CBI collected from the steam electric industry to 
a new subcontractor of a contractor, Eastern Research Group (ERG). EPA 
previously announced a CBI transfer to ERG (70 FR 9070, February 24, 
2005). The information being transferred will be collected under the 
authority of section 308 of the CWA. Transfer of the information will 
allow the contractors and subcontractors to access information 
necessary to support EPA in the planning, development, and review of 
effluent limitations guidelines and standards under the Clean Water Act 
(CWA). Interested persons may submit comments on this intended transfer 
of information to the address noted below.

DATES: Comments on the transfer of data are due October 7, 2010.

ADDRESSES: Comments may be sent to Mr. M. Ahmar Siddiqui, Document 
Control Officer, Engineering and Analysis Division (4303T), Room 6231S 
EPA West, U.S. EPA, 1200 Pennsylvania Ave, NW., Washington, DC 20460.

Control Officer, at (202) 566-1044, or via e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: EPA has transferred CBI to various 
contractors and subcontractors over the history of the effluent 
guidelines program. EPA determined that this transfer was necessary to 
enable the contractors and subcontractors to perform their work in 
supporting EPA in planning, developing, and reviewing effluent 
guidelines and standards for certain industries.
    Today, EPA is giving notice that it has awarded a task order, Task 
Order 21, under a multiple award contract, contract number EP-C-08-002, 
to Cadmus located in Watertown, Massachusetts. The purpose of this 
contract is to secure technical analysis support for EPA in its 
development, review, implementation, and defense of controls for 
stormwater discharges, including those from municipal separate storm 
sewer systems (MS4s). To obtain assistance in responding to this 
contract, Cadmus has entered into a contract with a subcontractor, 
Geosyntec Consultants, located in Brookline, Massachusetts.
    In addition, EPA is giving notice today that one of its 
contractors, ERG, contract number 68-C-02-095, has entered into a 
contract with a new subcontractor, Avanti Corporation, located in 
Alexandria, Virginia. The purpose of this new subcontractual 
relationship is to provide technical support for EPA in its 
development, review, implementation, and defense of controls for 
discharges from the steam electric industry.
    All EPA contractor, subcontractor, and consultant personnel are 
bound by the requirements and sanctions contained in their contracts 
with EPA and in EPA's confidentiality regulations found at 40 CFR Part 
2, Subpart B. Information submitted under a claim of business 
confidentiality is handled in accordance with EPA's regulations at 40 
CFR part 2, subpart B and in accordance with EPA procedures, including 
comprehensive system security plans (SSPs), that are consistent with 
those regulations. When EPA has determined that disclosure of 
information claimed as CBI to contractors is necessary, the 
corresponding contract must address the appropriate use and handling of 
the information by the contractor and the contractor must require its 
personnel who require access to information claimed as CBI to sign 
written non-disclosure agreements before they are granted access to 
    Cadmus will adhere to EPA-approved security plans which describe 
procedures to protect CBI. Cadmus will apply the procedures in these 
plans to CBI previously gathered by EPA and to CBI that may be gathered 
in the future. The security plans specify that contractor personnel are 
required to sign non-disclosure agreements and are briefed on 
appropriate security procedures before they are permitted access to 
CBI. No person is automatically granted access to CBI: a need to know 
must exist.

    Dated: September 27, 2010.
Ephraim S. King,
Director, Office of Science and Technology.
[FR Doc. 2010-24569 Filed 9-29-10; 8:45 am]