[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Notices]
[Pages 45899-45900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15167]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL 11153-01-OLEM]


Access to Confidential Business Information by Industrial 
Economic, Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of access to data and request for comments.

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SUMMARY: EPA will authorize its contractor, Industrial Economics, Inc. 
(IEc) to access Confidential Business Information (CBI) which has been 
submitted to EPA under the authority of all sections of the Resource 
Conservation and Recovery Act (RCRA) of 1976, as amended. EPA has 
issued regulations that outline business confidentiality provisions for 
the Agency and require all EPA Offices that receive information 
designated by the submitter as CBI to abide by these provisions.

DATES: Access to confidential data submitted to EPA will occur no 
sooner than July 28, 2023.

FOR FURTHER INFORMATION CONTACT: LaShan Haynes, Document Control 
Officer, Office of Resource Conservation and Recovery, (5305T), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460, 202-566-0186.

SUPPLEMENTARY INFORMATION:

1. Access to Confidential Business Information

    Under EPA Contract 68HERC23D0020, IEc will assist EPA's Office of 
Civil Enforcement and the Crosscutting Policy Staff in conducting 
financial and economic analyses in civil enforcement actions. Under the 
contract, IEc, will review tax returns, financial statements, and other 
financial information that may be claimed as RCRA CBI. This information 
will be used to advise case teams on the appropriate civil penalty in 
enforcement actions. This includes, but is not limited to, when a party 
claims an inability to pay a civil penalty or where there is a complex 
economic benefit of noncompliance calculation. The contract period is 
from April 3, 2023, to April 24, 2028. In accordance with the 
provisions of 40 CFR part 2, subpart B, ORCR has established policies 
and procedures for handling information collected from industry, under 
the authority of RCRA, including RCRA CBI Security Manual.
    IEc shall protect from unauthorized disclosure all information 
designated as

[[Page 45900]]

confidential and shall abide by all RCRA CBI requirements, including 
procedures outlined in the RCRA CBI Security Manual.
    The U.S. Environmental Protection Agency has issued regulations (40 
CFR part 2, subpart B) that outline business confidentiality provisions 
for the Agency and require all EPA Offices that receive information 
designated by the submitter as CBI to abide by these provisions. 
Industrial Economics will be authorized to have access to RCRA CBI 
under the EPA ``Contractor Requirements for the Control and Security of 
RCRA Confidential Business Information Security Manual.''
    EPA is issuing this notice to inform all submitters of information 
under all sections of RCRA that EPA will provide IEc access to the CBI 
records located in the RCRA Confidential Business Information Center. 
Access to RCRA CBI under this contract will take place at IEc and EPA 
Headquarters only. Contractor personnel will be required to sign non-
disclosure agreements and will be briefed on appropriate security 
procedures before they are permitted access to confidential 
information. If you have questions regarding this action consult the 
person listed in the FOR FURTHER INFORMATION CONTACT section of this 
document.

    Dated: July 10, 2023.
Carolyn Hoskinson,
Director, Office of Resource Conservation & Recovery.
[FR Doc. 2023-15167 Filed 7-17-23; 8:45 am]
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