SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

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

All documents in the docket are listed in the https://www.regulations.gov index, under docket identification number EPA-R3-OAR-2021-0237. Although listed in the index, some information might not be publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Publicly available docket materials are accessible electronically through https://www.regulations.gov.

II. What action is the Agency taking?

EPA Region 3 manages records for all its divisions using the support of contractors and subcontractors. The contractors and subcontractors assist with indexing and filing both physical and digital records, and with determining the disposition of records to ensure compliance with the Federal Records Act. Under EPA contract EP-W17-011 (the contract), and EPA Region 3 task orders 0037 and 0054, Arctic Slope Mission Services, LLC (ASMS) of 7000 Muirkirk Meadows Drive, Suite 100, Beltsville, MD 20705, is responsible for reviewing, sorting, filing, and indexing records, and identifying files as closed, active, or inactive, to determine whether they should be disposed of or stored at either the EPA Region 3 offices or the Federal Records Center. Pursuant to its contract, ASMS entered into a subcontract with Booz Allen Hamilton Inc. (BAH) of 8283 Greensboro Drive, Mclean, VA 22102. BAH is responsible for performing under these task orders. Task order 0037 concerns records for the Office of Regional Counsel and records for the Hazardous Site Cleanup Division, now called the Superfund and Emergency Management Division, while task order 0054 addresses all other regional records.

EPA has permitted, and will continue to permit, BAH personnel to have access to information submitted to EPA under the statutes administered by the Agency. Some of the information may be claimed or determined to be CBI. In accordance with 40 CFR 2.301(h)(2)(i) (Clean Air Act (CAA)), and any provisions from 40 CFR 2.302 through2.310 incorporating 40 CFR 2.301(h)(2)(i) (Clean Water Act (CWA), Safe Drinking Water Act (SDWA), Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)), 40 CFR 2.306(j) (Toxic Substances Control Act (TSCA)), 40 CFR 2.307(h)(3) (Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)), 40 CFR 2.308(i) (Federal Food, Drug and Cosmetic Act (FDCA)), 40 CFR 350.23(b) (Emergency Planning and Community Right-to-Know Act (EPCRA)), EPA has determined that under task orders 0037 and 0054, BAH requires access to CBI submitted to EPA, to perform successfully the duties required under the task orders.

Among the procedures established by EPA's confidentiality regulations for granting access to CBI is prior notification to the submitters of CBI that BAH will have access to this information. See 40 CFR 2.301(h)(2)(iii) for information submitted under the CAA, corresponding provisions of 40 CFR 2.302 through 2.311 for information submitted under the CWA, SDWA, RCRA, TSCA, FIFRA, FDCA, CERCLA, and 40 CFR 350.23 for EPCRA. This notification is intended to fulfill that requirement. EPA Region 3 has permitted BAH personnel access to this information prior to publishing this document. All access to CBI under the contract and task orders has occurred and will continue to occur in accordance with EPA's polices and regulations for the handling of CBI at the EPA Region 3 offices located at 1650 Arch Street, Philadelphia, PA, 410 Severn Avenue, Annapolis, MD 21403-2567, 701 Mapes Road, Ft. Meade, MD 20755-5350, and 1060 Chapline Street, Suite 303, Wheeling, WV 26003-2995. The contract and task orders include terms that require the proper treatment and safeguarding of CBI. As BAH is responsible for performing under task orders 0037 and 0054, its personnel have access to CBI pursuant to those task orders. BAH personnel sign nondisclosure agreements and are briefed on appropriate security procedures before they are permitted access to CBI. In addition, they attend annual, mandatory training on the proper treatment and protection of CBI. ( printed page 17594)

BAH access to CBI for task order 0037 began on February 15, 2017 and will expire on February 14, 2022, if all four option years are exercised. BAH access to CBI for task order 0054 began on September 29, 2017 and will expire on September 28, 2022, if all four option years are exercised. If the contract or task orders are further extended, this access will also continue for the duration of the extension without further notice.

86 FR 17592