[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Notices]
[Pages 17597-17598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06932]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R03-OAR-2021-0238; FRL-10022-18-Region 3]


Access to Confidential Business Information by Contractor 
SafeGuard Document Destruction Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of contractor access to confidential business 
information.

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SUMMARY: The Environmental Protection Agency (EPA) has authorized 
SafeGuard Document Destruction Inc. of Perrineville, NJ to access 
information which has been submitted to EPA under the environmental 
statutes administered by the Agency at its Region 3 offices. Some of 
the information may be claimed or determined to be confidential 
business information.

DATES: Comments must be received on or before April 26, 2021. Access to 
the confidential data began on or about July 7, 2020.

ADDRESSES: You may submit your comments by one of the following 
methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: [email protected]
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2021-0238. EPA's policy is that all comments received will be included 
in the public docket without change and may be available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://www.regulations.gov, or email. The federal website, https://www.regulations.gov, is an ``anonymous access'' system, which means EPA 
will not know your identity or contact information unless you provide 
it in the body of your comment. If you send an email comment directly 
to EPA without going through https://www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment. 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. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. EPA encourages electronic submittals, but if you are unable to 
submit electronically, please reach out to the EPA contact person 
listed in the notice for assistance. If you need assistance in a 
language other than English, or you are a person with disabilities who 
needs a reasonable accommodation at no cost to you, please reach out to 
the EPA contact person by email or telephone.

FOR FURTHER INFORMATION CONTACT: Kathy Schwartz, (215) 814-5332; email 
address: [email protected]; address: EPA Region 3, Mission Support 
Division (Mail Code 3MD20), 1650 Arch Street, Philadelphia, PA 19103.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the general public. This action may, 
however, be of interest to anyone who submitted what may be determined 
to be CBI to EPA Region 3. Since other entities may also be interested, 
the Agency has not attempted to describe all the specific entities that 
may be affected by this action.

B. How can I get copies of this document and other related information?

    All documents in the docket are listed in the https://www.regulations.gov index, under docket identification number EPA-R3-
OAR-2021-0238. Although listed in the index, some information might not 
be publicly available, e.g., CBI or other information whose disclosure 
is restricted by statute. Publicly available docket materials are 
accessible electronically through https://www.regulations.gov.

II. What action is the agency taking?

    EPA Region 3 is shredding its records that are no longer required 
to be retained or stored under the Federal Records Act or otherwise 
required to be retained. EPA is performing this shredding using the 
support of a contractor. Under EPA contract GS-

[[Page 17598]]

03F-065BA (the contract), SafeGuard Document Destruction Inc. (SDD) of 
800 Rike Drive, Suite A, Perrineville, NJ 08535, is responsible for 
providing locked bins and for shredding the hard copy records which the 
agency has identified for disposal at two of its regional offices--
regional headquarters at 1650 Arch Street, Philadelphia, PA 19103 and 
the Chesapeake Bay Program Office at 410 Severn Avenue, Suite 109, 
Annapolis, MD 21403. Records that contain CBI may be included among 
those being shredded.
    EPA will permit SDD personnel to have access to locked disposal 
bins which contain information submitted to EPA under the statutes 
administered by EPA Region 3. Some of the information may be claimed or 
determined to be CBI. In accordance with 40 CFR 2.301(h)(2)(i) (Clean 
Air Act (CAA)), and any provisions from 40 CFR 2.302 through 2.310 
incorporating 40 CFR 2.301(h)(2)(i) (Clean Water Act (CWA), Safe 
Drinking Water Act (SDWA), Resource Conservation and Recovery Act 
(RCRA), Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA)), 40 CFR 2.306(j) (Toxic Substances Control Act 
(TSCA)), 40 CFR 2.307(h)(3) (Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA)), 40 CFR 2.308(i) (Federal Food, Drug and 
Cosmetic Act (FDCA)), 40 CFR 350.23(b) (Emergency Planning and 
Community Right-to-Know Act (EPCRA)), EPA has determined that SDD 
requires access to locked disposal bins which may contain CBI submitted 
to EPA, to perform successfully the duties required to carry out the 
contract.
    Among the procedures established by EPA's confidentiality 
regulations for granting access to CBI is prior notification to the 
submitters of CBI that SDD may have access to this information. See 40 
CFR 2.301(h)(2)(iii) for information submitted under the CAA, 
corresponding provisions of 40 CFR 2.302 through 2.311 for information 
submitted under the CWA, SDWA, RCRA, TSCA, FIFRA, FDCA, CERCLA, and 40 
CFR 350.23 for EPCRA. This notification is intended to fulfill that 
requirement. EPA Region 3 has permitted SDD personnel access to this 
information prior to publishing this document. All potential access to 
CBI under the contract has and will continue to occur at the two EPA 
Region 3 offices located in Philadelphia and Annapolis. EPA Region 3 is 
implementing the following procedures to ensure the security of the 
files identified for disposal and the information therein. First, EPA 
personnel deposit records that are ready for disposal into locked bins 
located at either of the two EPA Region 3 offices. Next, during normal 
business hours, SDD travels to the appropriate EPA Region 3 office 
building with its shredding apparatus and is escorted into the building 
by EPA personnel to retrieve the locked bins. Accompanied by EPA 
personnel, SDD conducts onsite shredding of the contents of the bins 
immediately after unlocking and emptying them into the shredding 
apparatus. The contract prohibits SDD personnel from viewing, 
inspecting, examining, or copying the materials identified for 
shredding and requires SDD to safeguard such information. Additionally, 
SDD is prohibited from transporting or shredding any records offsite.
    SDD's potential access to CBI under the contract began on or about 
July 7, 2020 and will expire on October 31, 2021. If the contract is 
further extended, this access will also continue for the duration of 
the extension without further notice.

Catharine McManus,
Mission Support Division Director, Region 3.
[FR Doc. 2021-06932 Filed 4-2-21; 8:45 am]
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