83 FR 42498 - Clean Water Act; Contractor Access to Confidential Business Information

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 163 (August 22, 2018)

Page Range		42498-42499
FR Document		2018-18116

The Environmental Protection Agency (EPA) intends to transfer confidential business information (CBI), collected from numerous industries, to ICF International (ICF) and its subcontractors and consultants, under an EPA contract newly awarded to ICF. Transfer of this information is necessary for ICF to assist the Office of Water in the preparation of economic analyses and environmental assessment activities conducted in support of Clean Water Act regulations and programs, such as effluent guidelines and associated planning and review activities, and water quality standards. Much of the information being transferred was or will be collected under the authority of section 308 of the Clean Water Act (CWA) to support effluent guidelines development in particular. Interested persons may submit comments on this intended transfer of information to the address noted below.

Federal Register, Volume 83 Issue 163 (Wednesday, August 22, 2018)

[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Notices]
[Pages 42498-42499]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18116]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9982-69-OW]


Clean Water Act; Contractor Access to Confidential Business 
Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intended transfer of confidential business 
information to contractor and its subcontractors and consultants.

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SUMMARY: The Environmental Protection Agency (EPA) intends to transfer 
confidential business information (CBI), collected from numerous 
industries, to ICF International (ICF) and its subcontractors and 
consultants, under an EPA contract newly awarded to ICF. Transfer of 
this information is necessary for ICF to assist the Office of Water in 
the preparation of economic analyses and environmental assessment 
activities conducted in support of Clean Water Act regulations and 
programs, such as effluent guidelines and associated planning and 
review activities, and water quality standards. Much of the information 
being transferred was or will be collected under the authority of 
section 308 of the Clean Water Act (CWA) to support effluent guidelines 
development in particular. Interested persons may submit comments on 
this intended transfer of information to the address noted below.

DATES: Comments on the transfer of data are due August 27, 2018.

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

FOR FURTHER INFORMATION CONTACT: M. Ahmar Siddiqui, Document Control 
Officer, at (202) 566-1044, or via email at siddiqui.ahmar@epa.gov.

SUPPLEMENTARY INFORMATION: EPA has transferred CBI to its contractors 
and subcontractors as part of the effluent guidelines program under 40 
CFR 2.302(h). EPA determined that this transfer was necessary to enable 
the contractors, subcontractors, and consultants to perform their work 
in supporting EPA in planning, developing, and reviewing effluent 
guidelines and standards for certain industries.
    Pursuant to 40 CFR 2.302(h)(2), EPA is giving notice that it has 
entered into a new contract with ICF, contract number 68HE0C18D0001, 
located in Fairfax, Virginia. The purpose of this contract is to secure 
economic and environmental assessment support for EPA in its 
development, review, implementation, and defense of water-related 
initiatives for a variety of industries or states. To obtain assistance 
in responding to this contract, ICF has entered into contracts with the 
following subcontractors and consultants: The Cadmus Group, LLC 
(located in Waltham, Massachusetts), CognistX (located in Pittsburgh, 
Pennsylvania), Great Lakes Environmental Center, Inc. (located in 
Traverse City, Michigan), Horizon Systems Corporation (located in White 
Stone, Virginia), Innovate! Inc. (located in Alexandria, Virginia), 
LimnoTech Inc. (located in Ann Arbor, Michigan), Resources for the 
Future (located in Washington, DC), RTI International (located in 
Research Triangle Park, North Carolina), Wayne Gray (located in 
Worcester, Massachusetts), Robert Johnston (located in Millville, 
Massachusetts), Klaus Moeltner (located in Blacksburg, Virginia), Kerry 
Smith (located in Cave Creek, Arizona), and Raghavan Srinivasan 
(located in College Station, Texas).
    All EPA contractor, subcontractor, and consultant personnel are 
bound by the requirements and sanctions contained in their contracts 
with EPA and in EPA's CBI regulations found at 40 CFR part 2, subpart 
B. ICF will adhere to an EPA-approved security plan which describes 
procedures to protect CBI. ICF will apply the procedures in this plan 
to CBI previously gathered by EPA and to CBI that may be gathered in 
the future. The security plan specifies that contractor personnel are 
required to sign non-disclosure agreements and are briefed

[[Page 42499]]

on appropriate security procedures before they are permitted access to 
CBI. No person is automatically granted access to CBI: A need to know 
must exist.
    The information that will be transferred to ICF consists of 
information previously collected by EPA to support the development and 
review of effluent limitations guidelines and standards under the CWA. 
In particular, information, including CBI, collected for the planning, 
development, and review of effluent limitations guidelines and 
standards for the following industries may be transferred to ICF under 
the new contract: Airport deicing; aquaculture; centralized waste 
treatment; coal bed methane; concentrated animal feeding operations; 
coal mining; construction and development; drinking water treatment; 
industrial container and drum cleaning; industrial laundries; 
industrial waste combustors; iron and steel manufacturing; landfills; 
meat and poultry products; metal finishing; metal products and 
machinery; nonferrous metals manufacturing; oil and gas extraction 
(including coalbed methane); ore mining and dressing; organic 
chemicals, plastics, and synthetic fibers; pesticide chemicals; 
petroleum refining; pharmaceutical manufacturing; pulp, paper, and 
paperboard manufacturing; shale gas extraction; steam electric power 
generation; textile mills; timber products processing; tobacco; 
transportation equipment cleaning; and other industrial categories that 
EPA has reviewed as part of its CWA required annual review activities.
    EPA also intends to transfer to ICF all information listed in this 
notice, of the type described above (including CBI) that may be 
collected in the future under the authority of section 308 of the CWA 
or voluntarily submitted (e.g., in comments in response to a Federal 
Register notice), as is necessary to enable ICF to carry out the work 
required by its contract to support EPA's effluent guidelines planning 
and review process and the development of effluent limitations 
guidelines and standards.

    Dated: August 10, 2018.
Deborah G. Nagle,
Acting Director, Office of Science and Technology, Office of Water.
[FR Doc. 2018-18116 Filed 8-21-18; 8:45 am]
 BILLING CODE 6560-50-P

42498 Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices

1980’s, this independent review the EPA’s Technology Transfer Network Pennsylvania Ave. NW, Washington, DC
function has been performed by CASAC. website at https://www.epa.gov/naaqs/ 20460.
Presently, the EPA is reviewing the nitrogen-dioxide-no2-and-sulfur- FOR FURTHER INFORMATION CONTACT: M.
secondary NAAQS for oxides of dioxide-so2-secondary-standards- Ahmar Siddiqui, Document Control
nitrogen, oxides of sulfur, and PM.1 PM planning-documents-current. Officer, at (202) 566–1044, or via email
was added to this review after the draft The REA Planning Document will be at siddiqui.ahmar@epa.gov.
Integrated Review Plan (80 FR 69220, discussed at a public meeting for review SUPPLEMENTARY INFORMATION: EPA has
November 9, 2015) was released to the by CASAC and the public. A separate transferred CBI to its contractors and
public and reviewed by CASAC in Federal Register notice provides details subcontractors as part of the effluent
recognition of linkages between these about this meeting and the process for guidelines program under 40 CFR
pollutants (oxides of nitrogen, oxides of participation (83 FR 31755, July 9, 2.302(h). EPA determined that this
sulfur, and PM) with respect to 2018). The EPA will also consider transfer was necessary to enable the
deposition and atmospheric chemistry, public comments on the REA Planning contractors, subcontractors, and
as well as from an environmental effects Document that are submitted to the consultants to perform their work in
perspective. Additional welfare effects docket, as described above. supporting EPA in planning,
associated with PM, such as visibility,
Dated: August 2, 2018. developing, and reviewing effluent
climate and materials effects, and the
Panagiotis Tsirigotis, guidelines and standards for certain
health effects of PM (including
Director, Office of Air Quality Planning and industries.
particulate transformation products of
Standards. Pursuant to 40 CFR 2.302(h)(2), EPA
oxides of nitrogen and oxides of sulfur)
[FR Doc. 2018–17041 Filed 8–21–18; 8:45 am] is giving notice that it has entered into
are considered as part of the review of
a new contract with ICF, contract
the NAAQS for PM (81 FR 87933, BILLING CODE 6560–50–P
number 68HE0C18D0001, located in
December 6, 2016). The health effects of
Fairfax, Virginia. The purpose of this
oxides of nitrogen were considered in a
separate assessment that was completed ENVIRONMENTAL PROTECTION contract is to secure economic and
recently as part of the review of the AGENCY environmental assessment support for
primary (health-based) NAAQS for EPA in its development, review,
oxides of nitrogen (83 FR 17226, April [FRL–9982–69–OW] implementation, and defense of water-
18, 2018). Similarly, the health effects of related initiatives for a variety of
oxides of sulfur are currently being Clean Water Act; Contractor Access to industries or states. To obtain assistance
considered in a separate assessment as Confidential Business Information in responding to this contract, ICF has
part of the review of the primary entered into contracts with the
AGENCY: Environmental Protection following subcontractors and
NAAQS for oxides of sulfur (83 FR Agency (EPA).
26752, June 8, 2018). consultants: The Cadmus Group, LLC
ACTION: Notice of intended transfer of (located in Waltham, Massachusetts),
The EPA’s overall plan for this review
confidential business information to CognistX (located in Pittsburgh,
is presented in the Integrated Review
contractor and its subcontractors and Pennsylvania), Great Lakes
Plan for the Secondary NAAQS for
consultants. Environmental Center, Inc. (located in
Oxides of Nitrogen, Oxides of Sulfur
and Particulate Matter.2 The REA Traverse City, Michigan), Horizon
SUMMARY: The Environmental Protection Systems Corporation (located in White
Planning Document considers the Agency (EPA) intends to transfer
degree to which important uncertainties Stone, Virginia), Innovate! Inc. (located
confidential business information (CBI), in Alexandria, Virginia), LimnoTech
identified in quantitative analyses from collected from numerous industries, to
previous reviews have been addressed Inc. (located in Ann Arbor, Michigan),
ICF International (ICF) and its Resources for the Future (located in
by newly available scientific evidence, subcontractors and consultants, under
tools, or information, including those in Washington, DC), RTI International
an EPA contract newly awarded to ICF. (located in Research Triangle Park,
the second external review draft of the Transfer of this information is necessary
Integrated Science Assessment for North Carolina), Wayne Gray (located in
for ICF to assist the Office of Water in Worcester, Massachusetts), Robert
Oxides of Nitrogen, Oxides of Sulfur the preparation of economic analyses
and Particulate Matter-Ecological Johnston (located in Millville,
and environmental assessment activities Massachusetts), Klaus Moeltner (located
Criteria (83 FR 29786, June 26, 2018). conducted in support of Clean Water
Based on these considerations, the in Blacksburg, Virginia), Kerry Smith
Act regulations and programs, such as (located in Cave Creek, Arizona), and
document reaches preliminary effluent guidelines and associated
conclusions on the extent to which Raghavan Srinivasan (located in College
planning and review activities, and Station, Texas).
updated quantitative analyses of water quality standards. Much of the
exposures or public welfare risks are All EPA contractor, subcontractor,
information being transferred was or and consultant personnel are bound by
warranted in the current review. For will be collected under the authority of
updated analyses that are supported, the requirements and sanctions
section 308 of the Clean Water Act contained in their contracts with EPA
this planning document presents (CWA) to support effluent guidelines
anticipated approaches to conducting and in EPA’s CBI regulations found at
development in particular. Interested 40 CFR part 2, subpart B. ICF will
such analyses. This document will be persons may submit comments on this
available on or about August 6, 2018, on adhere to an EPA-approved security
intended transfer of information to the plan which describes procedures to
amozie on DSK3GDR082PROD with NOTICES1

address noted below. protect CBI. ICF will apply the
1 The EPA’s call for information for the NO /SO
X X
secondary review was issued on August 29, 2013 DATES: Comments on the transfer of data procedures in this plan to CBI
(78 FR 53452), and the call for information on the are due August 27, 2018. previously gathered by EPA and to CBI
PM review (both secondary and primary) was ADDRESSES: Comments may be sent to that may be gathered in the future. The
issued on December 3, 2014 (79 FR 71764).
2 Available at https://www.epa.gov/naaqs/ M. Ahmar Siddiqui, Document Control security plan specifies that contractor
nitrogen-dioxide-no2-and-sulfur-dioxide-so2- Officer, Engineering and Analysis personnel are required to sign non-
secondary-standards-planning-documents-current. Division (4303T), U.S. EPA, 1200 disclosure agreements and are briefed

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Document Created: 2018-08-22 00:39:08
Document Modified: 2018-08-22 00:39:08

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of intended transfer of confidential business information to contractor and its subcontractors and consultants.
Dates		Comments on the transfer of data are due August 27, 2018.
Contact		M. Ahmar Siddiqui, Document Control Officer, at (202) 566-1044, or via email at [email protected]
FR Citation		83 FR 42498