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[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Notices]
[Pages 13124-13125]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5258]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9642-7]

Disclosure of Confidential Business Information Obtained Under 
the Comprehensive Environmental Response, Compensation and Liability 
Act to EPA Authorized Representative, South Dakota Department of 
Environment and Natural Resources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for comment.

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SUMMARY: EPA hereby complies with the requirements of 40 CFR 
2.310(h)(3) for notice of disclosure to its authorized representative, 
the South Dakota Department of Environment and Natural Resources (SD 
DENR), Superfund confidential business information (CBI) which has been 
submitted to EPA Region 8, Office of Ecosystems Protection and 
Remediation.

DATES: Comments may be submitted until April 4, 2012.

ADDRESSES: Comments should be sent to: Sharon Abendschan (Mail Code 
8ENF-RC), Environmental Protection Agency, Region 8, 1595 Wynkoop 
Street, Denver, CO 80202-1129.

FOR FURTHER INFORMATION CONTACT: Andrea Madigan (Mail Code 8ENF-L), 
Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, 
CO 80202-1129 (303) 312-6904.

Notice of Required Determinations, Provisions, and Opportunity To 
Comment

    The Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (CERCLA), as amended, (commonly known as 
``Superfund'') requires the establishment of an

[[Page 13125]]

administrative record upon which the President shall base the selection 
of a response action. CERCLA also requires the maintenance of many 
other records including those relevant to cost recovery. EPA has 
granted authorized representative status to the State of South Dakota 
Department of Environment and Natural Resources. Pursuant to 40 CFR 
2.310(h)(3), a state or local governmental agency which has duties or 
responsibilities under CERCLA, or under regulations which implement 
CERCLA, may be considered an authorized representative of the United 
States for purposes of disclosure of CBI and may be furnished such CBI 
upon the agency's written request, but only if:
    (i) The agency has first furnished to the EPA office, having 
custody of the information, a written opinion from the agency's chief 
legal officer or counsel stating that under applicable state or local 
law the agency has the authority to compel a business which possesses 
such information to disclose it to the agency, or
    (ii) Each affected business is informed of those disclosures under 
this paragraph (h)(3) which pertain to it, and the agency has shown to 
the satisfaction of an EPA legal office that the agency's use and 
disclosure of such information will be governed by state or local law 
and procedures which will provide adequate protection to the interests 
of affected businesses.
    Pursuant to 40 CFR 2.310(h)(4), at the time any information is 
released to a state or local government pursuant to paragraph 2.310(h), 
EPA must notify the state or local government that the information may 
be entitled to confidential treatment and that any knowing and willful 
disclosure of the information may subject the state or local government 
and its employees to penalties in section 104(e)(2)(B) of CERCLA. EPA 
has determined that SD DENR has satisfied the requirements of 
subparagraph 40 CFR 2.310(h)(3)(ii) that the agency demonstrate to the 
satisfaction of EPA that the agency's use and disclosure of such 
information will be governed by state or local law and procedures which 
will provide adequate protection to the interests of affected 
businesses. EPA hereby advises affected parties that they are informed 
of potential disclosures to SD DENR under paragraph 40 CFR 2.310(h)(3), 
and that they have ten working days to comment pursuant to 40 CFR 
2.301(h)(2)(iii), incorporated by reference into 40 CFR 2.310(h)(2).
    Comments should be sent to: Environmental Protection Agency, Region 
8, Sharon Abendschan (Mail Code 8ENF-RC), Environmental Protection 
Agency, Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129.

Andrew M. Gaydosh,
Assistant Regional Administrator, Office of Enforcement, Compliance and 
Environmental Justice, EPA, Region 8.
[FR Doc. 2012-5258 Filed 3-2-12; 8:45 am]
BILLING CODE 6560-50-P
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