Document ppBQO2bdQqDpy6ppqnjmp0537

Federal Remitter / Vol. 4 To. 31 / Monday. February 14. 1983 /'~^lea end Regulations 6539 DrtMtFkfanunrs.uei {.HmtCifa. ActingDirector. OfficeofSurface Mlaiag. Dated* February 3. 19B3. .janialN. Millar. |c. ^ .Aeoistcat SecretoryforenetgyoadAmnio. F1M ENVIRONMENTAL PROTECTION < AGENCY 40 CFR Part 710 IOPTS-M012A; T2H-FRL 2303-3] Inventory Reporting Regulations; Releese of Aggregate Production Statistics AGENCY: Environmental Protection Agency. action: Rule related nodes. Summary: The Environmental Protection Agency (EPA) will publicly release aggregate total production statistics for substances reported for the Toxic Substances Control Act fTSCA] CbemicaJ Substances Inventory which _ have one or more eonfidentiility claims for production volume associated with them. Hus notice describes the aggregation method that will be need. The confidentiality of Individual production ranges will be protected from disclosure by using broad aggregate ranges to express the total production level for each substance. Aggregate data for a substance will be released only if it would not be possible to nse public Inventory information to identify any of the individual confidential reports that comprise the aggregate to closer than three Inventory reporting ranges. This notice also provides companies the opportunity to request that certain aggregate information not be released if it could cause economic harm to the company. DATtm Requests that aggregate production information for individual substances not be released must be received by EPA bv March 31. MM. Aggregate information will be made available on <**"11 T*i ADOAtsm See paragraph V. "Requesta For Exemption From Release of Data" in Supplementary Information. VON FUHTMER MS0RT4AT10N CONTACT: Chris Tirpak. Acting Director. Industry Assistance Office (TS-788). Environmental Protection Agency. Rm. E-Sll. 401 M St- SW.. Washington, D.C 4B0: toll free: (800-424-0005). in ./ashingtoo. D.C; (5M-1404), outside the USA: (Operalor-20S-54-1404). In the Federal Register of June 23.1982 (47 FR 27073). EPA announced proposed procedures for releasing aggregate production statistics for substances listed on the Toxic Substances Control Act (TSCA) Chemical Substances Inventory and requested comments from interested parties. This notice describes the modifications that have been made to the proposed procedures in response to public comments. It also announces the Agency's intent to make the aggregate production data available to public on April!* iom A's commitment to procedures arises from the Final Inventory Reporting Regulations, published in the Federal Register of. December 23.1877 (42 FR 64382). and the Notice of Availability of the TSCA Initial Inventory, published in the Federal Register of May 15.1878 (44 FR 28361). in which the Agency stated that ft would develop aggregation rules for releasing Inventory data. EPA has received numerous inquiries about Inventory production information from State governments and different sectors of the public The Agency believes that it is strongly In the public Interest that this aggregate data be released. 1L Characteristics of the Inventory Companies that reported for the Inventory were required to Indicate that their 1877 production for each substance fell into one of the following eleven ranges: N--None 0--0 to 1000 lbs. 1--1000 to 10,000 lbs. 2--10,000 to 100X00 lbs. 3--100X00 to 1 million lbs. 4--1 million to 10 million lbs. . 3--10 million to SO million lbs. 6--30 million to 100 million lbs. 7--100 million to 300 million tbe. 8--300 million to 1 billion lbs. 8 Over 1 billion lbs. Reports were received for almost 60X00 substances. One or more of the submitters of about 30 percent of the substances exercised their option to claim production volume as confidential. Inventory production information which was not claimed as confidential has already been made public IIL Aggregation Methodology After Investigating alternative techniques for aggregating Inventory production information. B>A selected a * "rod up" method. The Agency believes that this method provides sufficient protection to Individual pieces of confidential information while allowing EPA to release aggregate production data for the vast majority of Inventory substances. Using the roll up method, the Agency will be able to indicate that the total production level for Inventory substances with one or more confidential production claims falls into one of the following broad aggregate ranges: Range 1--0 to 1 million lbs. Range 2--1 million to 100 million lbs. Range 3--100 million to 1 billion lbs. Range 4--4 billion lbs. and above. To determine in which of the four Intervals each substance's actual total production range lies, the upper and lower bounds of all production ranges reported (both confidential and nonconfidential) were edded together for each substance. (The upper bound value for reporting range 8 was presumed to be 4 billionTbs.) Further protection is afforded to Individual pieces of confidential information. Before releasing aggregate Information about any substance the Agency requires that the aggregate production range information cannot be combined with whatever nonconfidential production information is available from the public Inventory on the substance to reveal individual pieces of confidential production information to closer than three reporting ranges. In athae wards. a .aareeat. information will be released for a substance unless the Agency ftaa determined that each suEfliHU'i confidential production volume report is mariced ro ute extent thaflt gamut tw Idtnmied io closer than thW3 fgpcWBg fifigdi biseTonlSi public inventory. IV. Releasing Aggregate Data The information released will not include data that are withheld under the constraints described above. In addition, it will not include aggregate information for substances that are exempted from release under the provisions of unit V of this notice. Aggregate reports will be generated in response to requests made on a substanca-bv-substanca basis. A person ^ 'iiouM Mgyjde epa **ty tor each sybstgnc^for which an Federal agendas or State governments y request aggregate data for groups of V. Requests for Exemption From Release of Data Two of the commenlers on the June 23 notice Indicated that in some relatively unique circumstances, the release of DTH 000031620 6340 Federal Register / Vol. No. 91 / Monday. February 14. 1983 ules and Regulations aggregate production date for Inventory subtleness may reveal information which some submitters may consider sensitive. In response to these concerns. EPA will allow submitters to request that production inform^ion for individual Inventory substances be exempted from the data aggregation provisions described in this notice. Exemption requests will be tecepted only if the following requirements are fulfilled. Requests must be for single substances and not for groups of substances (for example, an exemption request for all reports submitted by company x will not be accepted). Requests may be made only by one of the original submitters of production information for the substance. A request must include an explanation of why the substance should be exempted from aggregate release. This justification must include | mT how computer* m,fc* "* nf th aggregate information and what kinds of economic detriment th* atihtniHar b*lHVW it wjU suiter it such information is reieaseq General assertion* af speculative harm will not be accented gggiptrouvtJMwttion for each substance for which an exemption is requested. , Exemption requests will be treated as confidential if so requested. Each page containing confidential material should be marked "Confidential" at the top. - Materials which are not so marked will be placed in the public file. Requests should be addressed to: Document Control Officer (TS-793)* Office of Pesticides and Toxic Substances, Environmental Protection Agency. Rm. E-409.401M SL, SVV,, Washington. D.C 20460. Exemption requests must be postmarked no later itiawJdarch 31.1908. Requests postmarked after that date will not be .accepted. ' If EPA denies sn exemption request on substantive grounds, the requester will be contacted and allowed 90 days to respond to the Agency's decision before aggregate data for that substance will be released. If EPA determines that a request is unacceptable or incomplete for one of the reasons died above, the requester will be contacted and allowed either 10 working days or the remainder of the 30-day request period, whichever is longer, to supplement or correct its request. (Sec a. Pub. L St-tOO. 90 SUL 2027 (IS U4.C. 9007)) Deled: January 94. IN). Don IL Clay. Acting Assistant AdministntorforAntiddn and Tonic Subwtoncm. pa Ok. m-jmi rws-n-aa am aa| GENERAL SERVICES ADMINISTRATION National Archives and Records Sondes 41CFR Part 105-41 * [AON 7*002 CHOE It) PubBe Use of Records, Donated Historical Materials, and Facilities in the National Archives and Records Service: Restrictions on the Use of Records aosncy: National Archives and Records Service. General Services Administration. action: Final rule. summary: This rule revises the statement of "general restrictions" on access to records accessioned by the National Archives and Records Service (NARS). This revision is fully consistent with the Freedom of Information Act (FOIA) and the 1974 and 1976 amendments thereto, which establish nine exemption categories as the only valid bases for restricting access to accessioned Federal records of the Executive Branch. Five general restrictions are substituted for seventeen general restrictions currently imposed by the Archivist of the United States. A statement of general restrictions is intended to highlight those general categories of information found among the records of many Federal agencies which NARS is most likely to withhold from public use. NARS also imposes "specific restrictions" on access to designated records of a single Federal agency, provided that the restrictions are consistent with the amended FOIA. DATE This regulation is effective February 14.1969. FOR FURTMCR INFORMATION CONTACT: William R Leary. (90S) 523-9061. SUFFUMCMTARY INFORMATION: This regulation was published as a proposed rule in the Federal Register of August 25, 1962. Two comments were received. One comment recommended amending 1105-61.5302-3 to specify that "efforts will be made to locate the submitting person or firm" before disclosure is made. We agree, but we believe that such instructions should be given in staff training sessions and implementing dlrsctives rather than a general policy statement. A second respondent suggested deleting a phrase from 110561.5302-5 that might conflict with the FOIA. That amendment has been made The General Services Administration has determined that this rule is not a major rule for the purposes of Executive Order 12291 of February 17.1961. because it is not likely to result in an annual effect on the economy of SI00 million or more: a major increase in costs to consumers or others: or significant adverse effects. The General Services Administration has based all administrative decisions underlying this rule on adequate information concerning the need for, and consequences of. this rule has determined that the potential benefits to society from this rule outweigh the potential costs and has maximised the net benefits; and has chosen the alternative approach involving the least net cost to society. List of Subjects in 41CFR Part 105-61 Archives and records. Classified information. Freedom of information. Government property management. Privacy. Accordingly. 41 CFR Part 105-61 is amended as follows: jt PART 105-61--PUBLIC USE OP RECOROB. DONATED HISTORICAL MATERIALS, AND FACILITIES IN THE NATIONAL ARCHIVES AND RECORDS SERVICE 1. The table of contents for Part 1OS61 is amended by adding and removing entries for Subpart 105-61.53 as follows: 106414902-1 National security information. 106414302-2 Information exempted from disclosure by statute. 1054143024 Trade Hcrets and commercial or financial information. 1064142024 Information which would invade the privacy of an individual. 1064143024 Information related to law aaforcanmat investigations. 1064142024 Immigration and actum!1mlion certificates and declaration*. (Removed) 109414302-12 Individual privacy. {Removed] Subpart 105-61.53--Restrictions on the Use of Records 2. Section 105-614902 is revised to * read as fellows: 166414362-1 National security nwmnivk (a) Records. Records containing information regarding national defense DTH 000031621