80_FR_19148 80 FR 19080 - Inquiry To Learn Whether Businesses Assert Business Confidentiality Claims Regarding Waste Import and Export

80 FR 19080 - Inquiry To Learn Whether Businesses Assert Business Confidentiality Claims Regarding Waste Import and Export

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 68 (April 9, 2015)

Page Range19080-19084
FR Document2015-08064

The Environmental Protection Agency (EPA) receives from time to time Freedom of Information Act (FOIA) requests for documentation received or issued by EPA or data contained in EPA database systems pertaining to the export and import of Resource Conservation and Recovery Act (RCRA) hazardous waste from/to the United States, the export of cathode ray tubes (CRTs) and spent lead acid batteries (SLABs) from the United States, and the export and import of RCRA universal waste from/to the United States. These documents and data may identify or reference multiple parties, and describe transactions involving the movement of specified materials in which the parties propose to participate or have participated. The purpose of this notice is to inform ``affected businesses'' about the documents or data sought by these types of FOIA requests in order to provide the businesses with the opportunity to assert claims that any of the information sought that pertains to them is entitled to treatment as confidential business information (CBI), and to send comments to EPA supporting their claims for such treatment. Certain businesses, however, do not meet the definition of ``affected business,'' and are not covered by today's notice. They consist of any business that actually submitted to EPA any document at issue pursuant to applicable RCRA regulatory requirements and did not assert a CBI claim as to information that pertains to that business in connection with the document at the time of its submission; they have waived their right to do so at a later time. Nevertheless, other businesses identified or referenced in the documents that were submitted to EPA by the submitting business may have a right to assert a CBI claim concerning information that pertains to them and may do so in response to this notice.

Federal Register, Volume 80 Issue 68 (Thursday, April 9, 2015)
[Federal Register Volume 80, Number 68 (Thursday, April 9, 2015)]
[Notices]
[Pages 19080-19084]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08064]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2015-0002; FRL-9925-89-OECA]


Inquiry To Learn Whether Businesses Assert Business 
Confidentiality Claims Regarding Waste Import and Export

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for comment.

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SUMMARY: The Environmental Protection Agency (EPA) receives from time 
to time Freedom of Information Act (FOIA) requests for documentation 
received or issued by EPA or data contained in EPA database systems 
pertaining to the export and import of Resource Conservation and 
Recovery Act (RCRA) hazardous waste from/to the United States, the 
export of cathode ray tubes (CRTs) and spent lead acid batteries 
(SLABs) from the United States, and the export and import of RCRA 
universal

[[Page 19081]]

waste from/to the United States. These documents and data may identify 
or reference multiple parties, and describe transactions involving the 
movement of specified materials in which the parties propose to 
participate or have participated. The purpose of this notice is to 
inform ``affected businesses'' about the documents or data sought by 
these types of FOIA requests in order to provide the businesses with 
the opportunity to assert claims that any of the information sought 
that pertains to them is entitled to treatment as confidential business 
information (CBI), and to send comments to EPA supporting their claims 
for such treatment. Certain businesses, however, do not meet the 
definition of ``affected business,'' and are not covered by today's 
notice. They consist of any business that actually submitted to EPA any 
document at issue pursuant to applicable RCRA regulatory requirements 
and did not assert a CBI claim as to information that pertains to that 
business in connection with the document at the time of its submission; 
they have waived their right to do so at a later time. Nevertheless, 
other businesses identified or referenced in the documents that were 
submitted to EPA by the submitting business may have a right to assert 
a CBI claim concerning information that pertains to them and may do so 
in response to this notice.

DATES: Comments must be received on or before May 11, 2015. The period 
for submission of comments may be extended if, before the comments are 
due, you make a request for an extension of the comment period and it 
is approved by the EPA legal office. Except in extraordinary 
circumstances, the EPA legal office will not approve such an extension 
without the consent of any person whose request for release of the 
information under the FOIA is pending.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2015-0002, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Email: [email protected].
     Address: Eva Kreisler, International Compliance Assurance 
Division, Office of Federal Activities, Office of Enforcement and 
Compliance Assurance, Environmental Protection Agency, Mailcode: 2254A, 
1200 Pennsylvania Ave. NW., Washington, DC 20460.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-
2015-0002. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or email. Instructions about how to submit comments 
claimed as CBI are given later in this notice.
    The http://www.regulations.gov Web site 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 http://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. Please include your name and 
other contact information with any disk or CD-ROM you submit by mail. 
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. For additional information about EPA's public docket visit the 
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the HQ EPA Docket 
Center, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC. The 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 Public Reading Room is (202) 566-1744, and the telephone 
number for the docket for this notice is (202) 566-1752.

FOR FURTHER INFORMATION CONTACT: Eva Kreisler, International Compliance 
Assurance Division, Office of Federal Activities, Office of Enforcement 
and Compliance Assurance, Environmental Protection Agency, Mailcode: 
2254A, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone 
number: (202) 564-8186; email address: [email protected].

SUPPLEMENTARY INFORMATION: Today's notice relates to any documents or 
data in the following areas: (1) Export of Resource Conservation and 
Recovery Act (RCRA) hazardous waste, during calendar year 2014 or 
before, under 40 CFR part 262, subparts E and H; (2) import of RCRA 
hazardous waste, during calendar year 2014 or before, under 40 CFR part 
262, subparts F and H; (3) transit of RCRA hazardous waste, during 
calendar year 2014 or before, under 40 CFR part 262, subpart H, through 
the United States and foreign countries; (4) export of cathode ray 
tubes, during calendar year 2014 or before, under 40 CFR part 261, 
subpart E; (5) exports of non-crushed spent lead acid batteries with 
intact casings, during calendar year 2014 or before, under 40 CFR part 
266 subpart G; (6) export and import of RCRA universal waste, during 
calendar year 2014 or before, under 40 CFR part 273, subparts B, C, D, 
and F; (7) submissions from transporters, during calendar year 2014 or 
before, under 40 CFR part 263, or from treatment, storage or disposal 
facilities under 40 CFR parts 264 and 265, related to exports or 
imports of hazardous waste which occurred during calendar year 2014 or 
before, including receiving facility notices under 40 CFR 264.12(a)(1) 
and 265.12(a)(1) and import consent documentation under 40 CFR 
264.71(a)3) and 265.71(a)(3).

I. General Information

    EPA has previously published notices similar to this one in the 
Federal Register, the latest one being at 79 FR 7662, February 10, 2014 
that address issues similar to those raised by today's notice. The 
Agency did not receive any comments on the previous notices. Since the 
publication of the February 10, 2014 the Agency has continued to 
receive FOIA requests for documents and data contained in EPA's 
database related to hazardous waste exports and imports.

II. Issues Covered by This Notice

    Specifically, EPA receives FOIA requests from time to time for 
documentation or data related to

[[Page 19082]]

hazardous waste exports and imports that may identify or reference 
multiple parties, and that describe transactions involving the movement 
of specified materials in which the parties propose to participate or 
have participated. This notice informs ``affected businesses,'' \1\ 
which could include, among others, ``transporters,'' \2\ and 
``consignees,'' \3\ of the requests for information in EPA database 
systems and/or contained in one or more of the following documents: (1) 
Documents related to the export of Resource Conservation and Recovery 
Act (RCRA) hazardous waste, during calendar year 2014 or before, under 
40 CFR part 262, subparts E and H, including but not limited to the 
``notification of intent to export,'' \4\ ``manifests,'' \5\ ``annual 
reports,'' \6\ ``EPA acknowledgements of consent,'' \7\ ``any 
subsequent communication withdrawing a prior consent or objection,'' 
\8\ ``responses that neither consent nor object,'' ``exception 
reports,'' \9\ ``transit notifications,'' \10\ and ``renotifications''; 
\11\ (2) documents related to the import of hazardous waste, during 
calendar year 2014 or before, under 40 CFR part 262, subparts F and H, 
including but not limited to notifications of intent to import 
hazardous waste into the U.S. from foreign countries; (3) documents 
related to the transit of hazardous waste, during calendar year 2014 or 
before, under 40 CFR part 262, subpart H, including notifications from 
U.S. exporters of intent to transit through foreign countries, or 
notifications from foreign countries of intent to transit through the 
U.S.; (4) documents related to the export of cathode ray tubes (CRTs), 
during calendar year 2014 or before, under 40 CFR part 261, subpart E, 
including but not limited to notifications of intent to export CRTs; 
(5) documents related to the export of non-crushed spent lead acid 
batteries (SLABs) with intact casings, during calendar year 2014 or 
before, under 40 CFR part 266 subpart G, including but not limited to 
notifications of intent to export SLABs; (6) submissions from 
transporters under 40 CFR part 263, or from treatment, storage or 
disposal facilities under 40 CFR parts 264 and 265, related to exports 
or imports of hazardous waste which occurred during calendar year 2014 
or before, including receiving facility notices under 40 CFR 
264.12(a)(1) and 265.12(a)(1) and import consent documentation under 40 
CFR 264.71(a)(3) and 265.71(a)(3); and (7) documents related to the 
export and import of RCRA ``universal waste'' \12\ under 40 CFR part 
273, subparts B, C, D, and F.
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    \1\ The term ``affected business'' is defined at 40 CFR 
2.201(d), and is set forth in this notice, below.
    \2\ The term ``transporter'' is defined at 40 CFR 260.10.
    \3\ The term ``consignee'' is defined, for different purposes, 
at 40 CFR 262.51 and 262.81(c).
    \4\ The term ``notification of intent to export'' is described 
at 40 CFR 262.53.
    \5\ The term ``manifest'' is defined at 40 CFR 260.10.
    \6\ The term ``annual reports'' is described at 40 CFR 262.56.
    \7\ The term ``EPA acknowledgement of consent'' is defined at 40 
CFR 262.51.
    \8\ The requirement to forward to the exporter ``any subsequent 
communication withdrawing a prior consent or objection'' is found at 
42 U.S.C. 6938(e).
    \9\ The term ``exception reports'' is described at 40 CFR 
262.55.
    \10\ The term ``transit notifications'' is described at 40 CFR 
262.53(e).
    \11\ The term ``renotifications'' is described at 40 CFR 
262.53(c).
    \12\ The term ``universal waste'' is defined at 40 CFR 273.9.
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    Certain businesses, however, do not meet the definition of 
``affected business,'' and are not covered by today's notice. They 
consist of any business that actually submitted information responsive 
to a FOIA request, under the authority of 40 CFR parts 260 through 266 
and 268, and did not assert a claim of business confidentiality 
covering any of that information at the time of submission. As set 
forth in the RCRA regulations at 40 CFR 260.2(b), ``if no such 
[business confidentiality] claim accompanies the information when it is 
received by EPA, it may be made available to the public without further 
notice to the person submitting it.'' Thus, for purposes of this notice 
and as a general matter under 40 CFR 260.2(b), a business that 
submitted to EPA the documents at issue, pursuant to applicable 
regulatory requirements, and that failed to assert a claim as to 
information that pertains to it at the time of submission, cannot later 
make a business confidentiality claim.\13\ Nevertheless, other 
businesses identified or referenced in the same documents that were 
submitted to EPA by the submitting business may have a right to assert 
a CBI claim concerning information that pertains to them and may do so 
in response to this notice.
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    \13\ However, businesses having submitted information to EPA 
relating to the export and import of RCRA universal waste are not 
subject to 40 CFR 260.2(b) since they submitted information in 
accordance with 40 CFR part 273, and not parts 260 through 266 and 
268, as set forth in 40 CFR 260.2(b). They are therefore affected 
businesses that could make a claim of CBI at the time of submission 
or in response to this notice.
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    In addition, EPA may develop its own documents and organize into 
its database systems information that was originally contained in 
documents from submitting businesses relating to exports and imports of 
hazardous waste. If a submitting business fails to assert a CBI claim 
for the documents it submits to EPA at the time of submission, not only 
does it waive its right to claim CBI for those documents, but it also 
waives its right to claim CBI for information in EPA's documents or 
databases that is based on or derived from the documents that were 
originally submitted by that business.\14\
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    \14\ With the exception, noted above, of the submission of 
information relating to the export and import of RCRA universal 
waste.
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    In accordance with 40 CFR 2.204(c) and (e), this notice inquires 
whether any affected business asserts a claim that any of the requested 
information constitutes CBI, and affords such business an opportunity 
to comment to EPA on the issue. This notice also informs affected 
businesses that, if a claim is made, EPA would determine under 40 CFR 
part 2, subpart B, whether any of the requested information is entitled 
to business confidential treatment.

1. Affected Businesses

    EPA's FOIA regulations at 40 CFR 2.204(c)(1) require an EPA office 
that is responsible for responding to a FOIA request for the release of 
business information (``EPA office'') to determine which businesses, if 
any, are affected businesses. ``Affected business'' is defined at 40 
CFR 2.201(d) as: With reference to an item of business information, a 
business which has asserted (and not waived or withdrawn) a business 
confidentiality claim covering the information, or a business which 
could be expected to make such a claim if it were aware that disclosure 
of the information to the public was proposed.

2. The Purposes of This Notice

    This notice encompasses two distinct steps in the process of 
communication with affected businesses prior to EPA's making a final 
determination concerning the business confidentiality of the 
information at issue: The preliminary inquiry and the notice of 
opportunity to comment.
a. Inquiry To Learn Whether Affected Businesses (Other Than Those 
Businesses That Previously Asserted a CBI Claim) Assert Claims Covering 
any of the Requested Information
    Section 2.204(c)(2)(i) provides, in relevant part: If the 
examination conducted under paragraph (c)(1) of Sec.  2.204 discloses 
the existence of any business which, although it has not asserted a 
claim, might be expected to assert a claim if it knew EPA proposed

[[Page 19083]]

to disclose the information, the EPA office shall contact a responsible 
official of each such business to learn whether the business asserts a 
claim covering the information.
b. Notice of Opportunity To Submit Comments
    Sections 2.204(d)(1)(i) and 2.204(e)(1) of title 40 of the Code of 
Federal Regulations require that written notice be provided to 
businesses that have made claims of business confidentiality for any of 
the information at issue, stating that EPA is determining under 40 CFR 
part 2, subpart B, whether the information is entitled to business 
confidential treatment, and affording each business an opportunity to 
comment as to the reasons why it believes that the information deserves 
business confidential treatment.

3. The Use of Publication in the Federal Register

    Section 2.204(e)(1) of title 40 of the Code of Federal Regulations 
requires that this type of notice be furnished by certified mail 
(return receipt requested), by personal delivery, or by other means 
which allows verification of the fact and date of receipt. EPA, 
however, has determined that in the present circumstances the use of a 
Federal Register notice is a practical and efficient way to contact 
affected businesses and to furnish the notice of opportunity to submit 
comments. The Agency's decision to follow this course was made in 
recognition of the administrative difficulty and impracticality of 
directly contacting potentially thousands of individual businesses.

4. Submission of Your Response in the English Language

    All responses to this notice must be in the English language.

5. The Effect of Failure To Respond to This Notice

    In accordance with 40 CFR 2.204(e)(1) and 2.205(d)(1), EPA will 
construe your failure to furnish timely comments in response to this 
notice as a waiver of your business's claim(s) of business 
confidentiality for any information in the types of documents 
identified in this notice.

6. What To Include in Your Comments

    If you believe that any of the information contained in the types 
of documents which are described in this notice and which are 
currently, or may become, subject to FOIA requests, is entitled to 
business confidential treatment, please specify which portions of the 
information you consider business confidential. Information not 
specifically identified as subject to a business confidentiality claim 
may be disclosed to the requestor without further notice to you.
    For each item or class of information that you identify as being 
subject to your claim, please answer the following questions, giving as 
much detail as possible:
    1. For what period of time do you request that the information be 
maintained as business confidential, e.g., until a certain date, until 
the occurrence of a specified event, or permanently? If the occurrence 
of a specific event will eliminate the need for business 
confidentiality, please specify that event.
    2. Information submitted to EPA becomes stale over time. Why should 
the information you claim as business confidential be protected for the 
time period specified in your answer to question no. 1?
    3. What measures have you taken to protect the information claimed 
as business confidential? Have you disclosed the information to anyone 
other than a governmental body or someone who is bound by an agreement 
not to disclose the information further? If so, why should the 
information still be considered business confidential?
    4. Is the information contained in any publicly available material 
such as the Internet, publicly available data bases, promotional 
publications, annual reports, or articles? Is there any means by which 
a member of the public could obtain access to the information? Is the 
information of a kind that you would customarily not release to the 
public?
    5. Has any governmental body made a determination as to the 
business confidentiality of the information? If so, please attach a 
copy of the determination.
    6. For each category of information claimed as business 
confidential, explain with specificity why and how release of the 
information is likely to cause substantial harm to your competitive 
position. Explain the specific nature of those harmful effects, why 
they should be viewed as substantial, and the causal relationship 
between disclosure and such harmful effects. How could your competitors 
make use of this information to your detriment?
    7. Do you assert that the information is submitted on a voluntary 
or a mandatory basis? Please explain the reason for your assertion. If 
the business asserts that the information is voluntarily submitted 
information, please explain whether and why disclosure of the 
information would tend to lessen the availability to EPA of similar 
information in the future.
    8. Any other issue you deem relevant.
    Please note that you bear the burden of substantiating your 
business confidentiality claim. Conclusory allegations will be given 
little or no weight in the determination. If you wish to claim any of 
the information in your response as business confidential, you must 
mark the response ``BUSINESS CONFIDENTIAL'' or with a similar 
designation, and must bracket all text so claimed. Information so 
designated will be disclosed by EPA only to the extent allowed by, and 
by means of, the procedures set forth in, 40 CFR part 2, subpart B. If 
you fail to claim the information as business confidential, it may be 
made available to the requestor without further notice to you.

III. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or email. Please submit this information by 
mail to the address identified in the ADDRESSES section of today's 
notice for inclusion in the non-public CBI docket. Clearly mark the 
part or all of the information that you claim to be CBI. For CBI 
information in a disk or CD ROM that you mail to EPA, 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 claimed as CBI. 
Information so marked will not be disclosed except in accordance with 
the procedures set forth in 40 CFR part 2, subpart B. In addition to 
the submission of one complete version of the comment that includes 
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.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the notice by docket number and other identifying 
information (subject heading, Federal Register date and page number).
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Make sure to submit your comments by the comment period 
deadline identified.


[[Page 19084]]


    Dated: April 1, 2015.
Susan E. Bromm,
Director, Office of Federal Activities.
[FR Doc. 2015-08064 Filed 4-8-15; 8:45 am]
 BILLING CODE 6560-50-P



                                               19080                          Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Notices

                                               excluding legal holidays. Comments on                   copy of the proposed consent decree.                  submitter of the comment and allows
                                               a disk or CD–ROM should be formatted                    The official public docket is available               EPA to contact you in case EPA cannot
                                               in Word or ASCII file, avoiding the use                 for public viewing at the Office of                   read your comment due to technical
                                               of special characters and any form of                   Environmental Information (OEI) Docket                difficulties or needs further information
                                               encryption, and may be mailed to the                    in the EPA Docket Center, EPA West,                   on the substance of your comment. Any
                                               mailing address above.                                  Room 3334, 1301 Constitution Ave.                     identifying or contact information
                                               FOR FURTHER INFORMATION CONTACT:                        NW., Washington, DC. The EPA Docket                   provided in the body of a comment will
                                               Jonathan Skinner-Thompson, Air and                      Center Public Reading Room is open                    be included as part of the comment that
                                               Radiation Law Office (2344A), Office of                 from 8:30 a.m. to 4:30 p.m., Monday                   is placed in the official public docket,
                                               General Counsel, U.S. Environmental                     through Friday, excluding legal                       and made available in EPA’s electronic
                                               Protection Agency, 1200 Pennsylvania                    holidays. The telephone number for the                public docket. If EPA cannot read your
                                               Ave. NW., Washington, DC 20460;                         Public Reading Room is (202) 566–1744,                comment due to technical difficulties
                                               telephone: (202) 564–0291; email                        and the telephone number for the OEI                  and cannot contact you for clarification,
                                               address: skinner-thompson.jonathan@                     Docket is (202) 566–1752.                             EPA may not be able to consider your
                                               epa.gov.                                                   An electronic version of the public                comment.
                                                                                                       docket is available through                              Use of the www.regulations.gov Web
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       www.regulations.gov. You may use the                  site to submit comments to EPA
                                               I. Additional Information About the                     www.regulations.gov to submit or view                 electronically is EPA’s preferred method
                                               Proposed Consent Decree                                 public comments, access the index                     for receiving comments. The electronic
                                                  This proposed consent decree would                   listing of the contents of the official               public docket system is an ‘‘anonymous
                                               resolve a lawsuit filed by Plaintiff                    public docket, and access those                       access’’ system, which means EPA will
                                               seeking to compel the Administrator to                  documents in the public docket that are               not know your identity, email address,
                                               take actions under CAA section                          available electronically. Once in the                 or other contact information unless you
                                               505(b)(2). Under the terms of the                       system, key in the appropriate docket                 provide it in the body of your comment.
                                               proposed consent decree, EPA would                      identification number then select                     In contrast to EPA’s electronic public
                                               agree to sign a response to the petitions               ‘‘search.’’                                           docket, EPA’s electronic mail (email)
                                               by May 29, 2015. The proposed consent                      It is important to note that EPA’s                 system is not an ‘‘anonymous access’’
                                               decree also provides for the possibility                policy is that public comments, whether               system. If you send an email comment
                                               that circumstances beyond EPA’s                         submitted electronically or in paper,                 directly to the Docket without going
                                               reasonable control could delay                          will be made available for public                     through www.regulations.gov, your
                                               compliance with the May 29, 2015                        viewing online at www.regulations.gov                 email address is automatically captured
                                                                                                       without change, unless the comment
                                               deadline, and provides a framework for                                                                        and included as part of the comment
                                                                                                       contains copyrighted material, CBI, or
                                               extending that deadline. In addition, the                                                                     that is placed in the official public
                                                                                                       other information whose disclosure is
                                               proposed consent decree also                                                                                  docket, and made available in EPA’s
                                                                                                       restricted by statute. Information
                                               enumerates Plaintiff’s right to seek costs                                                                    electronic public docket.
                                                                                                       claimed as CBI and other information
                                               of litigation, including reasonable                                                                             Dated: April 1, 2015.
                                                                                                       whose disclosure is restricted by statute
                                               attorneys’ fees, and provides that                                                                            Lorie J. Schmidt,
                                                                                                       is not included in the official public
                                               payment of those costs will constitute a
                                                                                                       docket or in the electronic public                    Associate General Counsel.
                                               full and complete settlement of all of
                                                                                                       docket. EPA’s policy is that copyrighted              [FR Doc. 2015–08177 Filed 4–8–15; 8:45 am]
                                               Plaintiff’s costs in connection with this
                                                                                                       material, including copyrighted material              BILLING CODE 6560–50–P
                                               litigation.
                                                  For a period of thirty (30) days                     contained in a public comment, will not
                                               following the date of publication of this               be placed in EPA’s electronic public
                                               notice, the Agency will accept written                  docket but will be available only in                  ENVIRONMENTAL PROTECTION
                                               comments relating to the proposed                       printed, paper form in the official public            AGENCY
                                               consent decree from persons who are                     docket. Although not all docket
                                                                                                                                                             [EPA–HQ–OECA–2015–0002; FRL–9925–
                                               not named as parties or intervenors to                  materials may be available                            89–OECA]
                                               the litigation in question. EPA or the                  electronically, you may still access any
                                               Department of Justice may withdraw or                   of the publicly available docket                      Inquiry To Learn Whether Businesses
                                               withhold consent to the proposed                        materials through the EPA Docket                      Assert Business Confidentiality Claims
                                               consent decree if the comments disclose                 Center.                                               Regarding Waste Import and Export
                                               facts or considerations that indicate that              B. How and to whom do I submit                        AGENCY: Environmental Protection
                                               such consent is inappropriate,                          comments?                                             Agency (EPA).
                                               improper, inadequate, or inconsistent                     You may submit comments as                          ACTION: Notice; request for comment.
                                               with the requirements of the Act. Unless                provided in the ADDRESSES section.
                                               EPA or the Department of Justice                        Please ensure that your comments are                  SUMMARY:   The Environmental Protection
                                               determines that consent to this consent                 submitted within the specified comment                Agency (EPA) receives from time to time
                                               decree should be withdrawn, the terms                   period. Comments received after the                   Freedom of Information Act (FOIA)
                                               of the consent decree will be affirmed.                 close of the comment period will be                   requests for documentation received or
                                               II. Additional Information About                        marked ‘‘late.’’ EPA is not required to               issued by EPA or data contained in EPA
                                               Commenting on the Proposed Consent                      consider these late comments.                         database systems pertaining to the
Rmajette on DSK2VPTVN1PROD with NOTICES




                                               Decree                                                    If you submit an electronic comment,                export and import of Resource
                                                                                                       EPA recommends that you include your                  Conservation and Recovery Act (RCRA)
                                               A. How can I get a copy of the proposed                 name, mailing address, and an email                   hazardous waste from/to the United
                                               consent decree?                                         address or other contact information in               States, the export of cathode ray tubes
                                                 The official public docket for this                   the body of your comment and with any                 (CRTs) and spent lead acid batteries
                                               action (identified by Docket ID No.                     disk or CD ROM you submit. This                       (SLABs) from the United States, and the
                                               EPA–HQ–OGC–2015–0253) contains a                        ensures that you can be identified as the             export and import of RCRA universal


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                                                                              Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Notices                                             19081

                                               waste from/to the United States. These                  0002. EPA’s policy is that all comments               and the telephone number for the
                                               documents and data may identify or                      received will be included in the public               docket for this notice is (202) 566–1752.
                                               reference multiple parties, and describe                docket without change and may be                      FOR FURTHER INFORMATION CONTACT: Eva
                                               transactions involving the movement of                  made available online at http://                      Kreisler, International Compliance
                                               specified materials in which the parties                www.regulations.gov, including any                    Assurance Division, Office of Federal
                                               propose to participate or have                          personal information provided, unless                 Activities, Office of Enforcement and
                                               participated. The purpose of this notice                the comment includes information                      Compliance Assurance, Environmental
                                               is to inform ‘‘affected businesses’’ about              claimed to be Confidential Business                   Protection Agency, Mailcode: 2254A,
                                               the documents or data sought by these                   Information (CBI) or other information                1200 Pennsylvania Ave. NW.,
                                               types of FOIA requests in order to                      whose disclosure is restricted by statute.            Washington, DC 20460; telephone
                                               provide the businesses with the                         Do not submit information that you                    number: (202) 564–8186; email address:
                                               opportunity to assert claims that any of                consider to be CBI or otherwise                       kreisler.eva@epa.gov.
                                               the information sought that pertains to                 protected through http://                             SUPPLEMENTARY INFORMATION: Today’s
                                               them is entitled to treatment as                        www.regulations.gov or email.                         notice relates to any documents or data
                                               confidential business information (CBI),                Instructions about how to submit                      in the following areas: (1) Export of
                                               and to send comments to EPA                             comments claimed as CBI are given later               Resource Conservation and Recovery
                                               supporting their claims for such                        in this notice.                                       Act (RCRA) hazardous waste, during
                                               treatment. Certain businesses, however,                    The http://www.regulations.gov Web                 calendar year 2014 or before, under 40
                                               do not meet the definition of ‘‘affected                site is an ‘‘anonymous access’’ system,               CFR part 262, subparts E and H; (2)
                                               business,’’ and are not covered by                      which means EPA will not know your                    import of RCRA hazardous waste,
                                               today’s notice. They consist of any                     identity or contact information unless                during calendar year 2014 or before,
                                               business that actually submitted to EPA                 you provide it in the body of your                    under 40 CFR part 262, subparts F and
                                               any document at issue pursuant to                       comment. If you send an email                         H; (3) transit of RCRA hazardous waste,
                                               applicable RCRA regulatory                              comment directly to EPA without going                 during calendar year 2014 or before,
                                               requirements and did not assert a CBI                   through http://www.regulations.gov,                   under 40 CFR part 262, subpart H,
                                               claim as to information that pertains to                your email address will be                            through the United States and foreign
                                               that business in connection with the                    automatically captured and included as                countries; (4) export of cathode ray
                                               document at the time of its submission;                 part of the comment that is placed in the             tubes, during calendar year 2014 or
                                               they have waived their right to do so at                public docket and made available on the               before, under 40 CFR part 261, subpart
                                               a later time. Nevertheless, other                       Internet. If you submit an electronic                 E; (5) exports of non-crushed spent lead
                                               businesses identified or referenced in                  comment, EPA recommends that you                      acid batteries with intact casings, during
                                               the documents that were submitted to                    include your name and other contact                   calendar year 2014 or before, under 40
                                               EPA by the submitting business may                      information in the body of your                       CFR part 266 subpart G; (6) export and
                                               have a right to assert a CBI claim                      comment. Please include your name and                 import of RCRA universal waste, during
                                               concerning information that pertains to                 other contact information with any disk               calendar year 2014 or before, under 40
                                               them and may do so in response to this                  or CD–ROM you submit by mail. If EPA                  CFR part 273, subparts B, C, D, and F;
                                               notice.                                                 cannot read your comment due to                       (7) submissions from transporters,
                                               DATES: Comments must be received on                     technical difficulties and cannot contact             during calendar year 2014 or before,
                                               or before May 11, 2015. The period for                  you for clarification, EPA may not be                 under 40 CFR part 263, or from
                                               submission of comments may be                           able to consider your comment.                        treatment, storage or disposal facilities
                                               extended if, before the comments are                    Electronic files should avoid the use of              under 40 CFR parts 264 and 265, related
                                               due, you make a request for an                          special characters, any form of                       to exports or imports of hazardous waste
                                               extension of the comment period and it                  encryption, and be free of any defects or             which occurred during calendar year
                                               is approved by the EPA legal office.                    viruses. For additional information                   2014 or before, including receiving
                                               Except in extraordinary circumstances,                  about EPA’s public docket visit the EPA               facility notices under 40 CFR
                                               the EPA legal office will not approve                   Docket Center homepage at http://                     264.12(a)(1) and 265.12(a)(1) and import
                                               such an extension without the consent                   www.epa.gov/epahome/dockets.htm.                      consent documentation under 40 CFR
                                               of any person whose request for release                    Docket: All documents in the docket                264.71(a)3) and 265.71(a)(3).
                                               of the information under the FOIA is                    are listed in the http://
                                               pending.                                                www.regulations.gov index. Although                   I. General Information
                                               ADDRESSES: Submit your comments,                        listed in the index, some information is                 EPA has previously published notices
                                               identified by Docket ID No. EPA–HQ–                     not publicly available, e.g., CBI or other            similar to this one in the Federal
                                               OECA–2015–0002, by one of the                           information whose disclosure is                       Register, the latest one being at 79 FR
                                               following methods:                                      restricted by statute. Certain other                  7662, February 10, 2014 that address
                                                  • http://www.regulations.gov: Follow                 material, such as copyrighted material,               issues similar to those raised by today’s
                                               the on-line instructions for submitting                 will be publicly available only in hard               notice. The Agency did not receive any
                                               comments.                                               copy. Publicly available docket                       comments on the previous notices.
                                                  • Email: kreisler.eva@epa.gov.                       materials are available either                        Since the publication of the February
                                                  • Address: Eva Kreisler, International               electronically in http://                             10, 2014 the Agency has continued to
                                               Compliance Assurance Division, Office                   www.regulations.gov or in hard copy at                receive FOIA requests for documents
                                               of Federal Activities, Office of                        the HQ EPA Docket Center, EPA/DC,                     and data contained in EPA’s database
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                                               Enforcement and Compliance                              EPA West, Room 3334, 1301                             related to hazardous waste exports and
                                               Assurance, Environmental Protection                     Constitution Ave. NW., Washington,                    imports.
                                               Agency, Mailcode: 2254A, 1200                           DC. The Public Reading Room is open
                                                                                                       from 8:30 a.m. to 4:30 p.m., Monday                   II. Issues Covered by This Notice
                                               Pennsylvania Ave. NW., Washington,
                                               DC 20460.                                               through Friday, excluding legal                         Specifically, EPA receives FOIA
                                                  Instructions: Direct your comments to                holidays. The telephone number for the                requests from time to time for
                                               Docket ID No. EPA–HQ–OECA–2015–                         Public Reading Room is (202) 566–1744,                documentation or data related to


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                                               19082                            Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Notices

                                               hazardous waste exports and imports                       acid batteries (SLABs) with intact                      If a submitting business fails to assert a
                                               that may identify or reference multiple                   casings, during calendar year 2014 or                   CBI claim for the documents it submits
                                               parties, and that describe transactions                   before, under 40 CFR part 266 subpart                   to EPA at the time of submission, not
                                               involving the movement of specified                       G, including but not limited to                         only does it waive its right to claim CBI
                                               materials in which the parties propose                    notifications of intent to export SLABs;                for those documents, but it also waives
                                               to participate or have participated. This                 (6) submissions from transporters under                 its right to claim CBI for information in
                                               notice informs ‘‘affected businesses,’’ 1                 40 CFR part 263, or from treatment,                     EPA’s documents or databases that is
                                               which could include, among others,                        storage or disposal facilities under 40                 based on or derived from the documents
                                               ‘‘transporters,’’ 2 and ‘‘consignees,’’ 3 of              CFR parts 264 and 265, related to                       that were originally submitted by that
                                               the requests for information in EPA                       exports or imports of hazardous waste                   business.14
                                               database systems and/or contained in                      which occurred during calendar year                        In accordance with 40 CFR 2.204(c)
                                               one or more of the following documents:                   2014 or before, including receiving                     and (e), this notice inquires whether any
                                               (1) Documents related to the export of                    facility notices under 40 CFR                           affected business asserts a claim that
                                               Resource Conservation and Recovery                        264.12(a)(1) and 265.12(a)(1) and import                any of the requested information
                                               Act (RCRA) hazardous waste, during                        consent documentation under 40 CFR                      constitutes CBI, and affords such
                                               calendar year 2014 or before, under 40                    264.71(a)(3) and 265.71(a)(3); and (7)                  business an opportunity to comment to
                                               CFR part 262, subparts E and H,                           documents related to the export and                     EPA on the issue. This notice also
                                               including but not limited to the                          import of RCRA ‘‘universal waste’’ 12                   informs affected businesses that, if a
                                               ‘‘notification of intent to export,’’ 4                   under 40 CFR part 273, subparts B, C,                   claim is made, EPA would determine
                                               ‘‘manifests,’’ 5 ‘‘annual reports,’’ 6 ‘‘EPA              D, and F.                                               under 40 CFR part 2, subpart B, whether
                                               acknowledgements of consent,’’ 7 ‘‘any                       Certain businesses, however, do not                  any of the requested information is
                                               subsequent communication                                  meet the definition of ‘‘affected                       entitled to business confidential
                                               withdrawing a prior consent or                            business,’’ and are not covered by                      treatment.
                                               objection,’’ 8 ‘‘responses that neither                   today’s notice. They consist of any
                                               consent nor object,’’ ‘‘exception                         business that actually submitted                        1. Affected Businesses
                                               reports,’’ 9 ‘‘transit notifications,’’ 10 and            information responsive to a FOIA                          EPA’s FOIA regulations at 40 CFR
                                               ‘‘renotifications’’; 11 (2) documents                     request, under the authority of 40 CFR                  2.204(c)(1) require an EPA office that is
                                               related to the import of hazardous                        parts 260 through 266 and 268, and did                  responsible for responding to a FOIA
                                               waste, during calendar year 2014 or                       not assert a claim of business                          request for the release of business
                                               before, under 40 CFR part 262, subparts                   confidentiality covering any of that                    information (‘‘EPA office’’) to determine
                                               F and H, including but not limited to                     information at the time of submission.                  which businesses, if any, are affected
                                               notifications of intent to import                         As set forth in the RCRA regulations at                 businesses. ‘‘Affected business’’ is
                                               hazardous waste into the U.S. from                        40 CFR 260.2(b), ‘‘if no such [business                 defined at 40 CFR 2.201(d) as: With
                                               foreign countries; (3) documents related                  confidentiality] claim accompanies the                  reference to an item of business
                                               to the transit of hazardous waste, during                 information when it is received by EPA,                 information, a business which has
                                               calendar year 2014 or before, under 40                    it may be made available to the public                  asserted (and not waived or withdrawn)
                                               CFR part 262, subpart H, including                        without further notice to the person                    a business confidentiality claim
                                               notifications from U.S. exporters of                      submitting it.’’ Thus, for purposes of                  covering the information, or a business
                                               intent to transit through foreign                         this notice and as a general matter under               which could be expected to make such
                                               countries, or notifications from foreign                  40 CFR 260.2(b), a business that                        a claim if it were aware that disclosure
                                               countries of intent to transit through the                submitted to EPA the documents at                       of the information to the public was
                                               U.S.; (4) documents related to the export                 issue, pursuant to applicable regulatory                proposed.
                                               of cathode ray tubes (CRTs), during                       requirements, and that failed to assert a
                                               calendar year 2014 or before, under 40                    claim as to information that pertains to                2. The Purposes of This Notice
                                               CFR part 261, subpart E, including but                    it at the time of submission, cannot later                This notice encompasses two distinct
                                               not limited to notifications of intent to                 make a business confidentiality claim.13                steps in the process of communication
                                               export CRTs; (5) documents related to                     Nevertheless, other businesses                          with affected businesses prior to EPA’s
                                               the export of non-crushed spent lead                      identified or referenced in the same                    making a final determination
                                                                                                         documents that were submitted to EPA                    concerning the business confidentiality
                                                 1 The term ‘‘affected business’’ is defined at 40       by the submitting business may have a                   of the information at issue: The
                                               CFR 2.201(d), and is set forth in this notice, below.     right to assert a CBI claim concerning                  preliminary inquiry and the notice of
                                                 2 The term ‘‘transporter’’ is defined at 40 CFR
                                                                                                         information that pertains to them and                   opportunity to comment.
                                               260.10.                                                   may do so in response to this notice.
                                                 3 The term ‘‘consignee’’ is defined, for different
                                                                                                            In addition, EPA may develop its own                 a. Inquiry To Learn Whether Affected
                                               purposes, at 40 CFR 262.51 and 262.81(c).
                                                 4 The term ‘‘notification of intent to export’’ is      documents and organize into its                         Businesses (Other Than Those
                                               described at 40 CFR 262.53.                               database systems information that was                   Businesses That Previously Asserted a
                                                 5 The term ‘‘manifest’’ is defined at 40 CFR            originally contained in documents from                  CBI Claim) Assert Claims Covering any
                                               260.10.                                                   submitting businesses relating to                       of the Requested Information
                                                 6 The term ‘‘annual reports’’ is described at 40
                                                                                                         exports and imports of hazardous waste.                   Section 2.204(c)(2)(i) provides, in
                                               CFR 262.56.
                                                 7 The term ‘‘EPA acknowledgement of consent’’ is
                                                                                                           12 The term ‘‘universal waste’’ is defined at 40
                                                                                                                                                                 relevant part: If the examination
                                               defined at 40 CFR 262.51.
                                                                                                         CFR 273.9.                                              conducted under paragraph (c)(1) of
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                                                 8 The requirement to forward to the exporter ‘‘any
                                                                                                           13 However, businesses having submitted               § 2.204 discloses the existence of any
                                               subsequent communication withdrawing a prior
                                               consent or objection’’ is found at 42 U.S.C. 6938(e).
                                                                                                         information to EPA relating to the export and           business which, although it has not
                                                                                                         import of RCRA universal waste are not subject to       asserted a claim, might be expected to
                                                 9 The term ‘‘exception reports’’ is described at 40
                                                                                                         40 CFR 260.2(b) since they submitted information
                                               CFR 262.55.                                               in accordance with 40 CFR part 273, and not parts       assert a claim if it knew EPA proposed
                                                 10 The term ‘‘transit notifications’’ is described at
                                                                                                         260 through 266 and 268, as set forth in 40 CFR
                                               40 CFR 262.53(e).                                         260.2(b). They are therefore affected businesses that     14 With the exception, noted above, of the
                                                 11 The term ‘‘renotifications’’ is described at 40      could make a claim of CBI at the time of submission     submission of information relating to the export and
                                               CFR 262.53(c).                                            or in response to this notice.                          import of RCRA universal waste.



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                                                                              Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Notices                                           19083

                                               to disclose the information, the EPA                    of the information you consider                       disclosure of the information would
                                               office shall contact a responsible official             business confidential. Information not                tend to lessen the availability to EPA of
                                               of each such business to learn whether                  specifically identified as subject to a               similar information in the future.
                                               the business asserts a claim covering the               business confidentiality claim may be                    8. Any other issue you deem relevant.
                                               information.                                            disclosed to the requestor without                       Please note that you bear the burden
                                                                                                       further notice to you.                                of substantiating your business
                                               b. Notice of Opportunity To Submit                         For each item or class of information              confidentiality claim. Conclusory
                                               Comments                                                that you identify as being subject to                 allegations will be given little or no
                                                  Sections 2.204(d)(1)(i) and 2.204(e)(1)              your claim, please answer the following               weight in the determination. If you wish
                                               of title 40 of the Code of Federal                      questions, giving as much detail as                   to claim any of the information in your
                                               Regulations require that written notice                 possible:                                             response as business confidential, you
                                               be provided to businesses that have                        1. For what period of time do you                  must mark the response ‘‘BUSINESS
                                               made claims of business confidentiality                 request that the information be                       CONFIDENTIAL’’ or with a similar
                                               for any of the information at issue,                    maintained as business confidential,                  designation, and must bracket all text so
                                               stating that EPA is determining under                   e.g., until a certain date, until the                 claimed. Information so designated will
                                               40 CFR part 2, subpart B, whether the                   occurrence of a specified event, or                   be disclosed by EPA only to the extent
                                               information is entitled to business                     permanently? If the occurrence of a                   allowed by, and by means of, the
                                               confidential treatment, and affording                   specific event will eliminate the need                procedures set forth in, 40 CFR part 2,
                                               each business an opportunity to                         for business confidentiality, please                  subpart B. If you fail to claim the
                                               comment as to the reasons why it                        specify that event.                                   information as business confidential, it
                                               believes that the information deserves                     2. Information submitted to EPA                    may be made available to the requestor
                                               business confidential treatment.                        becomes stale over time. Why should                   without further notice to you.
                                                                                                       the information you claim as business
                                               3. The Use of Publication in the                        confidential be protected for the time                III. What should I consider as I prepare
                                               Federal Register                                        period specified in your answer to                    my comments for EPA?
                                                  Section 2.204(e)(1) of title 40 of the               question no. 1?                                          1. Submitting CBI. Do not submit this
                                               Code of Federal Regulations requires                       3. What measures have you taken to                 information to EPA through http://
                                               that this type of notice be furnished by                protect the information claimed as                    www.regulations.gov or email. Please
                                               certified mail (return receipt requested),              business confidential? Have you                       submit this information by mail to the
                                               by personal delivery, or by other means                 disclosed the information to anyone                   address identified in the ADDRESSES
                                               which allows verification of the fact and               other than a governmental body or                     section of today’s notice for inclusion in
                                               date of receipt. EPA, however, has                      someone who is bound by an agreement                  the non-public CBI docket. Clearly mark
                                               determined that in the present                          not to disclose the information further?              the part or all of the information that
                                               circumstances the use of a Federal                      If so, why should the information still               you claim to be CBI. For CBI
                                               Register notice is a practical and                      be considered business confidential?                  information in a disk or CD ROM that
                                               efficient way to contact affected                          4. Is the information contained in any             you mail to EPA, mark the outside of the
                                               businesses and to furnish the notice of                 publicly available material such as the               disk or CD ROM as CBI and then
                                               opportunity to submit comments. The                     Internet, publicly available data bases,              identify electronically within the disk or
                                               Agency’s decision to follow this course                 promotional publications, annual                      CD ROM the specific information that is
                                               was made in recognition of the                          reports, or articles? Is there any means              claimed as CBI. Information so marked
                                               administrative difficulty and                           by which a member of the public could                 will not be disclosed except in
                                               impracticality of directly contacting                   obtain access to the information? Is the              accordance with the procedures set
                                               potentially thousands of individual                     information of a kind that you would                  forth in 40 CFR part 2, subpart B. In
                                               businesses.                                             customarily not release to the public?                addition to the submission of one
                                                                                                          5. Has any governmental body made                  complete version of the comment that
                                               4. Submission of Your Response in the                   a determination as to the business                    includes information claimed as CBI, a
                                               English Language                                        confidentiality of the information? If so,            copy of the comment that does not
                                                  All responses to this notice must be                 please attach a copy of the                           contain the information claimed as CBI
                                               in the English language.                                determination.                                        must be submitted for inclusion in the
                                                                                                          6. For each category of information                public docket.
                                               5. The Effect of Failure To Respond to                  claimed as business confidential,
                                               This Notice                                                                                                      2. Tips for Preparing Your Comments.
                                                                                                       explain with specificity why and how                  When submitting comments, remember
                                                  In accordance with 40 CFR 2.204(e)(1)                release of the information is likely to               to:
                                               and 2.205(d)(1), EPA will construe your                 cause substantial harm to your                           • Identify the notice by docket
                                               failure to furnish timely comments in                   competitive position. Explain the                     number and other identifying
                                               response to this notice as a waiver of                  specific nature of those harmful effects,             information (subject heading, Federal
                                               your business’s claim(s) of business                    why they should be viewed as                          Register date and page number).
                                               confidentiality for any information in                  substantial, and the causal relationship                 • Explain your views as clearly as
                                               the types of documents identified in this               between disclosure and such harmful                   possible, avoiding the use of profanity
                                               notice.                                                 effects. How could your competitors                   or personal threats.
                                                                                                       make use of this information to your                     • Describe any assumptions and
                                               6. What To Include in Your Comments                     detriment?                                            provide any technical information and/
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                                                  If you believe that any of the                          7. Do you assert that the information              or data that you used.
                                               information contained in the types of                   is submitted on a voluntary or a                         • Provide specific examples to
                                               documents which are described in this                   mandatory basis? Please explain the                   illustrate your concerns, and suggest
                                               notice and which are currently, or may                  reason for your assertion. If the business            alternatives.
                                               become, subject to FOIA requests, is                    asserts that the information is                          • Make sure to submit your
                                               entitled to business confidential                       voluntarily submitted information,                    comments by the comment period
                                               treatment, please specify which portions                please explain whether and why                        deadline identified.


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                                               19084                          Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Notices

                                                 Dated: April 1, 2015.                                 Pennsylvania Ave. NW., Washington,                      1. File Symbol: 707–GEL. Docket ID
                                               Susan E. Bromm,                                         DC 20460–0001. As part of the mailing                 Number: EPA–HQ–OPP–2010–1037.
                                               Director, Office of Federal Activities.                 address, include the contact person’s                 Applicant: Rohm and Hass Company,
                                               [FR Doc. 2015–08064 Filed 4–8–15; 8:45 am]              name, division, and mail code. The                    100 Independence Mall West,
                                               BILLING CODE 6560–50–P
                                                                                                       division to contact is listed at the end              Philadelphia, PA 19106. Product name:
                                                                                                       of each application summary.                          Bioban 557 Antimicrobial. Active
                                                                                                       SUPPLEMENTARY INFORMATION:                            ingredient: 2-Methyl-1, 2-
                                               ENVIRONMENTAL PROTECTION                                                                                      benzisothiazol-3 (2H)-one at 9%.
                                                                                                       I. General Information                                Proposed classification/Use: ATD
                                               AGENCY
                                                                                         A. Does this action apply to me?                                    emulsion products, paints, building
                                               [EPA–HQ–OPP–2015–0021; FRL–9924–20]                                                                           materials, adhesives and sealants, ink,
                                                                                            You may be potentially affected by
                                                                                                                                                             textiles, paper coating, functional
                                               Pesticide Product Registration;           this action if you are an agricultural
                                                                                                                                                             chemicals, household and I&I, oil
                                               Receipt of Applications for New Active producer, food manufacturer, or
                                                                                                                                                             process water and recovery system,
                                               Ingredients                               pesticide manufacturer. The following
                                                                                                                                                             metalworking fluids. Contact: AD.
                                                                                         list of North American Industrial
                                               AGENCY: Environmental Protection                                                                                2. File Symbol: 4091–RL. Docket ID
                                                                                         Classification System (NAICS) codes is
                                               Agency (EPA).                                                                                                 number: EPA–HQ–OPP–2014–0921.
                                                                                         not intended to be exhaustive, but rather
                                               ACTION: Notice.                                                                                               Applicant: W.M. Barr & Company, Inc.,
                                                                                         provides a guide to help readers
                                                                                                                                                             6750 Lenox Center Court, Suite 200,
                                                                                         determine whether this document
                                               SUMMARY: EPA has received applications                                                                        Memphis, TN 38115. Product name:
                                                                                         applies to them. Potentially affected
                                               to register pesticide products containing entities may include:                                               FG0. Active ingredient: Antimicrobial,
                                               active ingredients not included in any                                                                        calcium chloride at 78%. Proposed
                                                                                            • Crop production (NAICS code 111).
                                               currently registered pesticide products.     • Animal production (NAICS code                                  classification/Use: Manufacturing use
                                               Pursuant to the Federal Insecticide,      112).                                                               product. Contact: AD.
                                               Fungicide, and Rodenticide Act               • Food manufacturing (NAICS code                                   3. File Symbol: 4091–RA. Docket ID
                                               (FIFRA), EPA is hereby providing notice 311).                                                                 number: EPA–HQ–OPP–2014–0921.
                                               of receipt and opportunity to comment        • Pesticide manufacturing (NAICS                                 Applicant: W.M. Barr & Company, Inc.,
                                               on these applications.                    code 32532).                                                        6750 Lenox Center Court, Suite 200,
                                               DATES: Comments must be received on
                                                                                                                                                             Memphis, TN 38115. Product name:
                                                                                         B. What should I consider as I prepare                              FG1. Active ingredient: Antimicrobial,
                                               or before May 11, 2015.                   my comments for EPA?                                                calcium chloride at 77%. Proposed
                                               ADDRESSES: Submit your comments,
                                                                                            1. Submitting CBI. Do not submit this                            classification/Use: End-use product for
                                               identified by docket identification (ID)                                                                      use as a moisture absorber in enclosed
                                                                                         information to EPA through
                                               number and the File Symbol of interest                                                                        spaces to retard growth mold, mildew,
                                                                                         regulations.gov or email. Clearly mark
                                               as shown in the body of this document,                                                                        and bacteria. Contact: AD.
                                                                                         the part or all of the information that
                                               by one of the following methods:                                                                                4. File Symbol: 4091–RT. Docket ID
                                                                                         you claim to be CBI. For CBI
                                                  • Federal eRulemaking Portal: http://                                                                      number: EPA–HQ–OPP–2014–0921.
                                                                                         information in a disk or CD–ROM that
                                               www.regulations.gov. Follow the online                                                                        Applicant: W.M. Barr & Company, Inc.,
                                                                                         you mail to EPA, mark the outside of the
                                               instructions for submitting comments.                                                                         6750 Lenox Center Court, Suite 200,
                                                                                         disk or CD–ROM as CBI and then
                                               Do not submit electronically any                                                                              Memphis, TN 38115. Product name:
                                                                                         identify electronically within the disk or
                                               information you consider to be                                                                                FG2. Active ingredient: Antimicrobial,
                                                                                         CD–ROM the specific information that
                                               Confidential Business Information (CBI)                                                                       calcium chloride at 73%. Proposed
                                                                                         is claimed as CBI. In addition to one
                                               or other information whose disclosure is                                                                      classification/Use: End-use product for
                                                                                         complete version of the comment that
                                               restricted by statute.                    includes information claimed as CBI, a                              use as a moisture absorber in enclosed
                                                  • Mail: OPP Docket, Environmental                                                                          spaces to retard growth mold, mildew,
                                                                                         copy of the comment that does not
                                               Protection Agency Docket Center (EPA/                                                                         and bacteria. Contact: AD.
                                                                                         contain the information claimed as CBI
                                               DC), (28221T), 1200 Pennsylvania Ave.     must be submitted for inclusion in the                                5. File Symbol: 4091–RI. Docket ID
                                               NW., Washington, DC 20460–0001.           public docket. Information so marked                                number: EPA–HQ–OPP–2014–0921.
                                                  • Hand Delivery: To make special                                                                           Applicant: W.M. Barr & Company, Inc.,
                                                                                         will not be disclosed except in
                                               arrangements for hand delivery or         accordance with procedures set forth in                             6750 Lenox Center Court, Suite 200,
                                               delivery of boxed information, please     40 CFR part 2.                                                      Memphis, TN 38115. Product name:
                                               follow the instructions at http://           2. Tips for preparing your comments.                             FG3. Active ingredient: Antimicrobial,
                                               www.epa.gov/dockets/contacts.html.        When preparing and submitting your                                  calcium chloride at 58%. Proposed
                                                  Additional instructions on             comments, see the commenting tips at                                classification/Use: End-use product for
                                               commenting or visiting the docket,        http://www.epa.gov/dockets/                                         use as a moisture absorber in enclosed
                                               along with more information about         comments.html.                                                      spaces to retard growth mold, mildew,
                                               dockets generally, is available at                                                                            and bacteria. Contact: AD.
                                               http://www.epa.gov/dockets.               II. Registration Applications                                         6. File Symbol: 71512–ET. Docket ID
                                               FOR FURTHER INFORMATION CONTACT:             EPA has received applications to                                 number: EPA–HQ–OPP–2014–0679.
                                               Jennifer Mclain, Antimicrobials           register pesticide products containing                              Applicant: ISK Biosciences Corporation,
                                               Division (AD) (7510P), main telephone     active ingredients not included in any                              7470 Auburn Road, Suite A, Concord,
                                               number: (703) 305–7090; email address: currently registered pesticide products.                               OH 44077. Product name: Technical
Rmajette on DSK2VPTVN1PROD with NOTICES




                                               ADFRNotices@epa.gov., Susan Lewis,        Pursuant to the provisions of FIFRA                                 Cyclaniliprole Insecticide. Active
                                               Registration Division (RD) (7505P), main section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA                           ingredient: Insecticide Cyclaniliprole at
                                               telephone number: (703) 305–7090;         is hereby providing notice of receipt and                           96.4%. Proposed classification/Use:
                                               email address: RDFRNotices@epa.gov.       opportunity to comment on these                                     Pome fruit (Crop Group 11–11), tree
                                               The mailing address for each contact      applications. Notice of receipt of these                            nuts (Crop Group 14–12), stone fruit
                                               person is: Office of Pesticide Programs,  applications does not imply a decision                              (Crop Group 12–12), fruiting vegetables
                                               Environmental Protection Agency, 1200 by the Agency on these applications.                                    (Crop Group 8–10), cucurbit vegetables


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Document Created: 2015-12-18 11:23:41
Document Modified: 2015-12-18 11:23:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for comment.
DatesComments must be received on or before May 11, 2015. The period for submission of comments may be extended if, before the comments are due, you make a request for an extension of the comment period and it is approved by the EPA legal office. Except in extraordinary circumstances, the EPA legal office will not approve such an extension without the consent of any person whose request for release of the information under the FOIA is pending.
ContactEva Kreisler, International Compliance Assurance Division, Office of Federal Activities, Office of Enforcement and Compliance Assurance, Environmental Protection Agency, Mailcode: 2254A, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone
FR Citation80 FR 19080 

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