[Federal Register: November 14, 2003 (Volume 68, Number 220)]
[Proposed Rules]
[Page 64726-64727]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no03-40]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 350
[SFUND-1988-0002; FRL-7584-9]
RIN 2050-AF10
Trade Secrecy Claims for Emergency Planning and Community Right-
to-Know Information; and Trade Secret Disclosures to Health
Professionals; Amendment
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking action to
amend the trade secret regulations to remove the incorrect addresses in
the regulations for mailing trade secrecy claims, petitions for
disclosures, and any appeals to EPA determinations of insufficient
trade secrecy claims. This proposed rule also amends the regulations to
remove the outdated substantiation form for trade secrecy claims from
the Code of Federal Regulations. The most current substantiation form
and the correct addresses to mail the trade secret claims, petitions
and appeals will be posted on EPA program Web sites.
DATES: Comments, identified by the docket control number SFUND-1988-
0002 must be submitted by December 15, 2003.
ADDRESSES: Comments may be submitted by mail. Comments may also be
submitted electronically, by facsimile, or through hand delivery/
courier. Send two copies of your comments to: U.S. Environmental
Protection Agency, EPA Docket Center (EPA/DC), Superfund Docket,
Mailcode 5305T, 1200 Pennsylvania Avenue, NW., Washington, DC, 20460,
Attention Docket ID No. SFUND-1988-0002. Follow the detailed
instructions as provided in Unit I.C. of the SUPPLEMENTARY INFORMATION
section.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
Emergency Planning and Community Right-to-Know Hotline at (800) 424-
9346 or (703) 412-9810, TDD (800) 553-7672, http://www.epa.gov/epaoswer/hotline/.
For questions on the applicability of provisions
contained in 40 CFR part 350 or on the contents of this document,
contact: Sicy Jacob, Chemical Emergency Preparedness and Prevention
Office, (5104A), Environmental Protection Agency, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460, Telephone: 202-564-8019; Fax: 202-564-8233; e-mail: jacob.sicy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
In the ``Rules and Regulations'' section of today's Federal
Register, EPA is issuing these revisions as a direct final rule without
prior proposal because we view this as a noncontroversial revision and
anticipate no adverse comment. We have explained our reasons for this
approval in the preamble to the direct final rule. If we receive no
adverse comment, we will not take further action on this proposed rule.
If we receive adverse comment, we will withdraw the direct final rule
and it will not take effect. We will address all public comments in a
subsequent final rule based on this proposed rule. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
This document concerns Trade Secrecy Claims for Emergency Planning
and Community Right-to-Know Information and Trade Secret Disclosures to
Health Professionals. For detailed information, please see the
information provided in the direct final action that is located in the
``Rules and Regulations'' section of this Federal Register publication.
A. Affected Entities
Entities that may be affected by this action are those facilities
subject to sections 303(d)(2) and (d)(3), 311, 312 and 313 of the
Emergency Planning and Community Right-to-Know Act, specifically, those
that wish to file trade secrecy claims for chemical identity in the
reports submitted under these sections.
B. How Can I Get Copies of This Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under Docket ID No. SFUND-1988-0002. You may also obtain
information related to the final rule published on July 29, 1988 (53 FR
28772) under Docket ID No. 300-PQ-TS. The official public docket
consists of the documents specifically referenced in this action, any
public comments received, and other information related to this action.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. The official public docket
is the collection of materials that is available for public viewing at
the Superfund Docket in the EPA Docket Center (EPA/DC), EPA West, Room
B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Reading Room is (202) 566-1742, and the telephone number for the
Superfund Docket is (202) 566-0276.
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket identification number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.B. EPA intends to work toward
providing electronic access to all of the publicly available docket
materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing
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copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in EPA's electronic public
docket. The entire printed comment, including the copyrighted material,
will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
For additional information about EPA's electronic public docket
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.
C. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, by facsimile, or
through hand delivery/courier. To ensure proper receipt by EPA,
identify the appropriate docket identification number in the subject
line on the first page of your comment. Please ensure that your
comments are submitted within the specified comment period. Comments
received after the close of the comment period will be marked ``late.''
EPA is not required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. 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.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket
, and follow the online instructions for submitting comments. To
access EPA's electronic public docket from the EPA Internet Home Page,
select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once
in the system, select ``search,'' and then key in Docket ID No. SFUND-
1988-0002. The system is an ``anonymous access'' system, which means
EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by electronic mail (e-mail) to SUPERFUND.docket@epa.gov, Attention Docket ID No. SFUND-1988-0002. In
contrast to EPA's electronic public docket, EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
to the Docket without going through EPA's electronic public docket,
EPA's e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By Mail. Send two copies of your comments to: U.S. Environmental
Protection Agency, EPA Docket Center (EPA/DC), Superfund Docket,
Mailcode 5305T, 1200 Pennsylvania Avenue, NW., Washington, DC, 20460,
Attention Docket ID No. SFUND-1988-0002.
3. By Hand Delivery or Courier. Deliver your comments to: Superfund
Docket, EPA Docket Center, 1301 Constitution Avenue, NW., EPA West
Building, Room B-102, Washington, DC 20004, Attention Docket ID No.
SFUND-1988-0002. Such deliveries are only accepted during the Docket's
normal hours of operation as identified in Unit I.B.
4. By Facsimile. Fax your comments to: (202) 566-0224, Attention
Docket ID. No. SFUND-1988-0002.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail.
Send or deliver information identified as CBI only to the following
address: Dorothy McManus, Mailcode 5104A, U.S. EPA, 1200 Pennsylvania
Avenue, NW., Washington DC 20460. You may claim information that you
submit to EPA as CBI by marking any part or all of that information as
CBI (if you submit CBI on disk or CD ROM, mark the outside of the disk
or CD ROM as CBI and then identify electronically within the disk or CD
ROM the specific information that is CBI). Information so marked will
not be disclosed except in accordance with procedures set forth in 40
CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person identified in the FOR FURTHER INFORMATION CONTACT section.
List of Subjects in 40 CFR Part 350
Environmental protection, Chemicals, Confidential business
information, Hazardous substances, Intergovernmental relations,
Reporting and recordkeeping requirements.
Dated: November 3, 2003.
Marianne L. Horinko,
Acting Administrator.
[FR Doc. 03-28420 Filed 11-13-03; 8:45 am]
BILLING CODE 6560-50-P