740R81101
   TSCA CONFIDENTIAL
  BUSINESS  INFORMATION
     SECURITY MANUAL

           October 1981
                        Environmental Protection Agency
                      Region V, Library
                      230 South Dearborn Street
                      Chicago, Wlnote 60604
United States Environmental Protection Agency
        Washington, B.C. 20460

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                                    Preface
     This revised TSCA Confidential Business Information Security Manual deals
with a serious and continuing  obligation  we at EPA have under  the Toxic Sub-
stances Control  Act  (TSCA)—the need to protect  confidential  business infor-
mation from unauthorized disclosure.

     TSCA requires industry to entrust large amounts of data to EPA concerning
the  tens  of  thousands  of chemical  substances   in  U.S.  commerce.    This
information  has  never been  compiled in such  a complete  way  before,  and  it
forms the  basis  for  our  ability to carry  out TSCA's preventive  approach  to
minimizing the health and environmental risks of toxic chemicals.

     Some of  these industry data are claimed  as  "confidential,"  meaning that
they involve trade secrets  or other kinds of information  that  one company
doesn't want  another  to have.   Understandably, industry  has  expressed great
concern about EPA's ability  to protect confidential business information from
unauthorized disclosure.

     For the past 2  years,  TSCA Confidential Business Information  has been
protected  under   procedures in the  TSCA  Confidential  Business  Information
Security Manual.   The EPA Data Security Task Force  has developed this revised
Manual after considering  suggestions and comments  from  throughout the Agency
and from the public.   I believe that  this  Manual properly  balances  the need
for data security with our requirements for access to the data.

     Any security system is only as good as  the people who maintain it.  Only
by all of  us working together can it succeed,  but  any one of  us acting care-
lessly or negligently could  cause us to  fail.   I  urge you to  study and learn
these procedures  and to encourage those you work with to do the same.  While I
don't  wish  to overemphasize this point, TSCA provides  strict  criminal
penalties for any person  who discloses this confidential business information
in a knowing and unauthorized way, and we have gone on public  record with the
promise to prosecute any  acts  of wrongful  disclosure to the  fullest extent of
the law.

     These procedures provide  the kind of  protection we at  EPA must offer  in
order to continue  to  have the information we  need  to  carry  out TSCA.  We are
counting on you to make this system work.
                                   Warren R. Muir
                                   Deputy Assistant Administrator
                                     for Toxic Substances

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                                  Contents
                                                                        Page

PREFACE	iii
GLOSSARY OF ACRONYMS	   ix
   I.   GENERAL	    1
       A.  Purpose	    1
       B.  Policy	    1
       C.  Applicable Federal  Statutes and Regulations 	 ...    1
       D.  Authority	    1
       E.  Treatment of Violations	    1
       F.  Maintenance of  Discipline  	    2
       G.  Authorization for Access to TSCA CBI	    2
       H.  Definitions 	    4
       I.  Forms	    6
       J.  Security Procedures for Individual EPA Offices  .......    6
       K.  Contractor Security Requirements  	 .    6
  O.   RESPONSIBILITIES	     7
       A.  Assistant Administrator  for Pesticides and Toxic
           Substances (AA/OPTS)	     7
       B.  Deputy Assistant Administrator  for Toxic
           Substances (DAA/OTS)	     7
       C.  Office of the Inspector  General (DIG) 	     7
       D.  Division Directors	     8
       E.  Director, Management  Information and Data Systems
           Division (MIDSD)	     8
       F.  Branch Chiefs 	     8
       G.  Chief, Information Control Branch (ICB) 	 ..     9
       H.  Chief, Security Branch,  Facilities and Support
           Services Division (FSSD)	     9
       I.  Document Control Officers  	     9
       J.  Document Control Officers  (and  Document Control
           Assistants)  Approved  for Computer Access	    10
       K.  Computer DCOs	    10
       L.  Document Control Assistants 	    11
       M.  EPA Employees	    11
       N.  Security Representatives	    11


  III.   PROCEDURES FOR HANDLING TSCA
       CONFIDENTIAL BUSINESS INFORMATION	    13
       A.  Gaining Access	    13
       B.  Storage	    13
       C.  Safeguards During Use	    14
       D.  Transmittal  	  .........    17
       E.  Reproduction/Destruction  	    17
       F.  Photographs	    18

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                              Contents (cont.)
                                                                       Page

       G.   Retiring of Documents	   18
       H.   Generating TSCA Confidential Business Information
             Documents	   18
       I.   Retaining Logs	   18


  IV.   SECURITY REQUIREMENTS FOR EPA COMPUTER CENTERS	   19
       A.   General	   19
       B.   Hardware and Software Characteristics ..  	   19
       C.   Media Handling	   22
       D.   Facility Protection	   23
       E.   Backup and Recovery Capability  	   23


  V.   SECURITY REQUIREMENTS FOR OTHER FEDERAL AGENCIES	   25
       A.   Purpose	   25
       B.   Policy	   25
       C.   Procedures for Answering Requests 	   25
       D.   Procedures for Interagency Agreements 	   26
       E.   Exemption for the Department of Justice	   26
       F.   Limited  Access  	  ......   27
       G.   Violations	   27


APPENDIX I      EXCERPTS FROM EPA CONDUCT
                AND DISCIPLINE MANUAL   	   29

APPENDIX II     INVENTORY LOG	   32

APPENDIX III     USER SIGN-OUT LOG	   33

APPENDIX IV     DESTRUCTION LOG	   34

APPENDIX V     CONTRACTOR/SUBCONTRACTOR
                SIGN-OUT LOG	   35

APPENDIX VI     FEDERAL AGENCY, CONGRESS, AND
                FEDERAL COURT SIGN-OUT  LOG 	   36

APPENDIX VII   TSCA FEDERAL NON-EPA EMPLOYEE
                CONFIDENTIALITY AGREEMENT  	 . 	   37

APPENDIX VIII   CONFIDENTIALITY AGREEMENT FOR
                UNITED  STATES EMPLOYEES UPON
                TERMINATION OR TRANSFER  	   38

APPENDIX IX     TSCA CBI  COVER  SHEET	   39
                                     vi

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                               Contents (cont.)
                                                                        Page

APPENDIX X     AUTHORIZATION  FOR ACCESS TO TSCA CBI	   40

APPENDIX Xa    REQUEST FOR APPROVAL OF TEMPORARY
                EMPLOYEE,  FOR  ACCESS  TO TSCA CBI	   41

APPENDIX XI    LOAN RECEIPT FOR TSCA CBI	   42

APPENDIX XII    TSCA CBI MEETING SIGN-IN SHEET	   43

INDEX	   45
                                    vii

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                            Glossary of Acronyms
AA/OPTS     Assistant Administrator for Pesticides and Toxic Substances




ADP         Automated Data Processing




CBI         Confidential Business Information




CFR         Code of Federal Regulations




DAA/OTS     Deputy Assistant Administrator for Toxic Substances




DCA         Document Control Assistant




DCO         Document Control Officer




DOJ         Department of Justice




EPA         United States Environmental Protection Agency




FSSD        Facilities and Support Services Division




TAG         Interagency Agreement




ICB         Information Control Branch




MIDSD       Management Information and Data Systems Division




NACI        National Agency Check and Inquiries




OGC         Office of General Counsel




OIG         Office of the Inspector General




OPTS        Office of Pesticides and Toxic Substances




OTS         Office of Toxic Substances




TSCA        Toxic Substances Control Act
                                      IX

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                                   I. General
A.  Purpose

These procedures prescribe  minimum standards and establish responsibility  and
accountability for the  control of documents and computer systems  that  contain
confidential  business  information  (CBI)   received  by  EPA  under  the  Toxic
Substances Control Act  (TSCA)  (15  U.S.C. §  2601  et seq.).
B. Policy

EPA recognizes  its  responsibility to the  submitters of  CBI.   All  reasonable
measures must  be taken  to prevent the  unauthorized disclosure  of CBI.   EPA
employees are prohibited  from disclosing,  in any manner  or to any  extent  not
authorized by law or  EPA  regulations,  any TSCA CBI they  have  access to  in  the
course  of  their employment or  official duties.   Employees of other Federal
agencies are also  prohibited from disclosing,  in  any manner or to  any  extent
not authorized  by law or  the terms of an agreement  between EPA and  the  other
agency,  any  TSCA CBI  released to  them by  EPA.   TSCA  CBI is to be held  in
confidence and  always handled in accordance  with these procedures.


C. Applicable Federal Statutes and Regulations

    •    15 U.S.C.  §  2613,  Disclosure of Data  (TSCA).

    •    5 U.S.C. § 552,  Freedom of Information Act.

    •    40 CFR Part  2, Confidentiality of Business  Information.

    •    41 CFR Chapter 15, Public Contracts and Property Management.


D. Authority

The Assistant  Administrator for Pesticides  and Toxic Substances  (AA/OPTS)  is
charged with the responsibility to design and  implement an Agencywide security
program  to control the  receipt,  handling,  and  dissemination of  TSCA CBI.
Requirements promulgated  under this authority  shall  supplement, but not  super-
sede,  the  general  Agency  regulations  pertaining  to Freedom  of  Information
requests and confidentiality as set forth in 40 CFR  Part  2.


E. Treatment of Violations

Unauthorized  disclosure  of TSCA  CBI  may  subject   an  employee  to  criminal
penalties under TSCA  § 14(d)(1) as follows:

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         Criminal Penalty  for Wrongful Disclosure—(1)  Any officer
         or employee of  the  United States or  former  officer or em-
         ployee of the United  States,  who  by virtue of such employ-
         ment or  official  position  has  obtained possession of,  or
         has  access  to, material  the disclosure  of which  is pro-
         hibited by subsection  (a),  and who  knowing that disclosure
         of such  material  is  prohibited  by  such  subsection, will-
         fully discloses the material in  any manner to  any person
         not  entitled  to receive  it,  shall  be  guilty of  a misde-
         meanor and fined not more than $5,000 or imprisoned for not
         more than one year, or both.

Also, violations of these  procedures by employees may  result in removal from
the TSCA CBI  Authorized  Access  List  and  disciplinary action with penalties up
to and including  dismissal,  under  procedures detailed  in  the EPA Conduct and
Discipline Manual [Chapter 5 and Appendix  C,  Table of Offenses and Penalties,
35 (b)].


F. Maintenance  of Discipline

If a security system is to operate successfully, discipline must be maintained
among employees.  Chapter  5 and Appendix  C  of the EPA Conduct and Discipline
Manual deal with this  subject  in depth.   All employees, and especially super-
visors,  shall become   thoroughly  familiar  with  that  material.   Pertinent
excerpts  from Chapter  5 and  Appendix C  of the  EPA  Conduct and Discipline
Manual are included in Appendix I of this Manual.

An informal corrective action, not mentioned  in the EPA Conduct and Discipline
Manual, that  can be taken  by supervisors at the  Division Director level and
above, is removal from the TSCA CBI  Authorized Access List.  This action will
communicate  to  the  employee  the  seriousness of  his/her  actions  and  also
prevent further  violations or possible unauthorized  disclosures  of TSCA CBI.
Although removal from the Authorized Access List is an  informal measure, it is
a  serious measure and shall be used judiciously.   If  an  employee is removed
from the  list it is important to  notify  coworkers and the Chief, Information
Control Branch (ICB), promptly to be sure all further access to CBI is denied.
G. Authorization for Access to TSCA CBI


     1.  Applying for1 Authorisation

When  an employee requires  access to  TSCA CBI,  the following  steps  must be
taken to apply for inclusion on the TSCA CBI Authorized Access List.

The employee must sign section  III of the authorization form  (Confidentiality
Agreement for EPA Employees).

Section 1 of the Authorization for Access  to TSCA Confidential Business  Infor-
mation  (CBI) form must be  completed and signed by the appropriate  authorizing
official  (see  Appendix  X).   Authorizing  officials must  be equivalent to  a
supervising Division Director or  above and may only authorize those employees

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under their  supervision.   In  facilities  where  there  is no  Document Control
Officer  (DCO)/Document Control  Assistant  (DCA),  the authorizing official must
also sign  section  IV of the authorization  form.   (Cross out "Local DCO/DCA"
and insert proper title.)

If the  employee is  being appointed  as  a  DCO/DCA, the  authorizing official
(Division  Director  at Headquarters/ Regional  Administrator  or  Laboratory
Director in the field) must also sign section II of the authorization form.

The authorization form shall be taken to the local DCO or DCA who will certify
by signing and dating section IV that all  necessary forms have been completed
and forwarded  to the Security  Branch,  EPA Headquarters.   (For all employees
except those described in section G.3. below under  "exceptions," and those who
require  full field  investigations,  the  local  DCO/DCA may  assume  that  the
proper forms  were  completed at the time of employment.)   The  local DCO/DCA
will keep the original of the  authorization form for his/her files and send a
copy within 10 days to the Chief,  ICB.

Upon completion  of  these  steps, the  local DCO/DCA will  place  the employee's
name on the Authorized Access List and notify the employee.

Summer employees of  4  months  or  less  and temporary  or  seasonal employees
limited  to  3 months are  not  to be processed  for access to  TSCA CBI without
written  authorization  of the  Chief,  Information  Control  Branch.   Division
Directors  (or  equivalent) must submit  a  Request  for  Approval  of Temporary
Employee for Access  to TSCA/CBI  (see  Appendix Xa)  prior  to submission of the
required investigative forms to the Information Control Branch.


     2.  Keeping the Authorized Access List Current

The Authorized Access List must be  kept  current.  On the first working day of
each month,  every  DCO/DCA in EPA will send a  corrected, updated  copy of his
particular  Authorized Access  List  to the Chief,  ICB.   Using  these updated
lists, a master TSCA CBI Access List will be compiled and distributed.

When an  employee who has  had access  to TSCA CBI terminates or transfers to a
position not  requiring  access  to TSCA CBI, he/she must  be processed through
the local DCO/DCA to ensure that all TSCA CBI documents have been returned and
to  sign  the  Confidentiality   Agreement   for  United   States  Employees  Upon
Termination or Transfer (Appendix VIII).   This agreement will be kept on file
by the local DCO/DCA for  5  years.   The local  DCO/DCA  will  immediately delete
the terminated or transferred  employee's name  from the Authorized Access List
and will ensure that this deletion  is reflected  in the next monthly list sent
to the Chief, ICB.


     3.  Background Investigation and Related forms

All employees  who  will have  access  to  TSCA CBI  must be  investigated.   All
those with permanent appointments or  those with  temporary appointments of 700
hours or more per annum must complete investigation forms at the time they are
employed.  At that time a National  Agency  Check  and Inquiries (NACI) investi-
gation is automatically initiated.  Division Directors may authorize access to
TSCA CBI for these employees, once their need for access has been established.

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Exceptions to this rule include consultants, who  may be authorized access but
must first complete and submit certain required forms—SF-171, Personal Quali-
fications  Statement;  SF-85,  Data  for  Nonsensitive  or  Noncritical-Sensitive
Position;  and  SF-87,   United  States   Civil  Service Commission  Fingerprint
Chart—for initiation of  an NACI.   These  forms must be submitted to  the EPA
Headquarters Security Branch prior to such authorization.

Document Control Officers  and Assistants and others  designated  by the Chief,
Information  Control  Branch  must  have  a Full  Field  Investigation.    The
authorizing  official will  ensure  all  the completion of  necessary  forms.
SF-87,  United States  Civil  Service  Commission  Fingerprint Chart, CSC  Form
329-A,  Authority  for Release of Information,  and EPA  Form  1480-29, Personal
History  Statement  for Administrative  Full Field Position,  are  necessary for
the  initiation  of  such an  investigation and must  be  submitted to  the EPA
Headquarters Security Branch  along with a copy  of the completed Authorization
for Access form, prior to the assumption of duties.

Any  information developed  during a  background  investigation  that reflects
adversely on an employee's suitability or trustworthiness in handling TSCA CBI
will be  referred  to the Chief, Security  Branch,  by the agency conducting the
investigation.   After  completion  of  actions required by Part  II  (Personnel
Security)  Chapter  3  (Handling of Security Cases), EPA Security Manual, dated
1/6/81,  if appropriate, the  Chief,  Security Branch, will  notify the Chief,
Information Control Branch, of the results of such actions.


H. Definitions

Access is  the ability and  opportunity  to gain  knowledge of confidential busi-
ness information (in any manner whatsoever).

The ADP  Application  Security  Plan  is  a formal,  documented plan that addresses
the  administrative,  technical,  and  physical  controls  required  during  each
phase in the life  cycle of an application  system processing TSCA CBI.

An Authorised Computer1 Facility is an EPA or contractor computer facility that
meets the  security standards  contained in Chapter IV of  this Manual and that
has been approved, in accordance with Chapter II, for handling TSCA  CBI.

An Authorized Person is any person who is authorized,  in accordance with the
requirements of Chapter III,  for access to TSCA CBI.

The Computer1 Center  Security  Plan  is  a formal,  documented plan that addresses
the  administrative,  technical,  and physical  controls required to protect TSCA
CBI within the data  center.

Computer Direct-Access  Authorisation is a special  authorization issued,  upon
approval by the Deputy Assistant Administrator for Toxic Substances  (DAA/OTS),
to an authorized person by  the appropriate Division  Director  for direct access
to computerized TSCA CBI.

A Computer Document  Control Officer is  a  Document Control Officer  (DCO) within
a computer facility  responsible for the security and control of TSCA Confiden-
tial Business Information contained in  the computer  facility.

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Confident-Lai Business Information  is  any information in any  form received by
EPA or an  EPA contractor from any person,  firm,  partnership, corporation, or
association; local, State, or Federal  agency;  or  foreign government that con-
tains trade secrets or  commercial or financial  information,  that has  been
claimed as  confidential  by the person submitting it, and  that has not  been
determined to be nonconfidential under the procedures in 40 CFR Part 2.

A Document  is any  recorded  information  regardless  of  its  physical  form or
characteristics, including, without  limitation, written or  printed material;
data processing card decks, printouts,  and  tapes;  maps  and charts; paintings;
photographs; drawings;  engravings;  sketches;  samples; working notes  and
papers;  reproductions  of  such  things  by any  means or  process;  and sound,
voice, or electronic recordings in any form.

A  Document  Control Assistant  (DCA)  is  a person  who  is  responsible  for
assisting  the  Document   Control   Officer  in   performing  duties   related  to
information processing, document control, and security.

A Document  Control  Number  is the unique number assigned by a Document Control
Officer or  through computer system  numbering  to  a  document  containing  TSCA
CBI.

A Document  Control  Officer (DCO)   is a person  designated, in accordance  with
Chapter II,  to  be  responsible  for the  security,  control,  and distribution of
all TSCA CBI received by him/her.

An  Employee  is  any  person  employed  by  the   U.S.  Environmental  Protection
Agency,  including EPA  Administrative  Law Judges,  on a  full-time  or part-time
basis in accordance with the procedures of the Office of Personnel Management.
This definition does not include contractors, grantees,  or their employees.

A  Federal  Agency  is  any  organization or  entity composed  of United States
officers or employees except for Federal courts and Congress.

Information is knowledge that can be communicated by any means.

A  Secure  Facility  is a  building or  portion  of  a building that meets  the
requirements of this Manual for handling TSCA CBI and has been approved by the
Information Control Branch (ICB).

A Secure Room or area  is  a room or area which meets the  requirements  of  this
Manual for  storage  and/or use  of TSCA CBI  and which has  been approved by the
ICB.

A Security  Representative  is  an authorized person designated by  the Regional
Administrator or Laboratory Director,  and approved by the Security Branch, to
establish and  maintain adequate safeguards  for the  protection of personnel,
property,  and  data.  This individual  is the  liaison on  all  security  matters
between the EPA Headquarters Security Branch and his/her Region or Laboratory.

A Submitter Representative is an  authorized representative  of a  company  who
may be permitted to review his company's own TSCA CBI submissions.

A Violation is  the  failure to comply  with  any provision in  these procedures,
whether or  not  such failure leads to  actual unauthorized disclosure  of  TSCA
CBI.

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I. Forms

The  forms  required for  the implementation of  these procedures  include five
basic logs:  the  Inventory  Log  (Appendix II),  the User Sign-Out Log (Appendix
III), the Destruction Log (Appendix IV), the Contractor/Subcontractor Sign-Out
Log  (Appendix V), the Federal Agency, Congress, and Federal Court Sign-Out Log
(Appendix VI).    Individual  offices  may  design  different logging  systems  to
meet their specific needs;  however,  such logs  must contain,  at a minimum, the
information in the basic logs.

Other forms used in implementing these procedures are:

    •    TSCA  Federal Non-EPA  Employee  Confidentiality Agreement  (Appendix
         VII).

    •    Confidentiality  Agreement for  United States  Employees Upon  Termi-
         nation or Transfer  (Appendix VIII).

    •    TSCA Confidential Business Information Cover Sheet (Appendix IX).

    •    Authorization  for  Access to  TSCA Confidential  Business Information
         (Appendix X).

    •    Loan  Receipt for  TSCA Confidential  Business  Information  (Appendix
         XI).

    •    TSCA  Confidential  Business  Information  Meeting  Sign-In  Sheet
         (Appendix XII).


J.  Security Procedures for Individual EPA Offices

Within EPA,  program  offices, Regions, and Laboratories  may  develop security
procedures  to  meet their  individual  needs.   Such  procedures must  meet the
minimum  standards contained  in this  TSCA Confidential  Business Information
Security  Manual  and  be approved  by  the  Chief,  Information  Control Branch.
Upon  request,  the  Information  Control  Branch  and the  OIG  will  advise and
assist offices in the development  of such procedures.

This policy does  not apply  to computer security procedures; individual offices
may not develop their own computer security procedures.


K. Contractor Security Requirements

Security  procedures  for  contractors  and  subcontractors are   contained  in  a
separate  document,  Contractor  Requirements for  the Control  and Security  of
TSCA Confidential Business  Information,  which also includes the procedures for
solicitation  and award  of  contracts  (or modification  of existing contracts)
that involve receipt  or handling of TSCA CBI.

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                               II. Responsibilities
A. Assistant Administrator for Pesticides and Toxic Substances (AA/OPTS)

The AA/OPTS is  responsible  for the overall implementation of these procedures
and for approving other Federal agencies for access to TSCA CBI.


B. Deputy Assistant Administrator for Toxic Substances (AA/OTS)

The DAA/OTS is  responsible  for approving:   Computer Center Security Plans  for
any  computer  facility that will  receive  TSCA CBI; ADP Application  Security
Plans prepared  by software  development managers,  changes to this manual, when
appropriate, and all computer  DCO's and DCA's.


C. Office of the Inspector General (DIG)

The DIG is responsible for  inspecting TSCA CBI operations, ensuring that they
conform to  procedures specified  in  this  Manual,  and  conducting inspections
when  appropriate.   To carry  out  these responsibilities, personnel  from  the
OIG:

    •    Investigate cases  of alleged  or  actual  wrongful disclosure  of CBI.
         Disclosures found  to have been knowingly  and  willfully made will be
         referred to the Department of Justice, as  appropriate.

    •    As  appropriate, upon request  of a  Division  Director,  investigate
         violations of these procedures when disclosure was  improper but  not
         wrongful under  TSCA  §14(d)(1), the  OIG  will furnish  the results of
         the  investigation  to the DAA/OTS  for  remedial and/or  disciplinary
         action.

    •    As  appropriate, investigate  cases  of  alleged  or  actual   wrongful
         disclosures of  TSCA  CBI  in  connection  with  interagency agreements
         (lAGs) developed under Chapter V of this Manual.

    •    Conduct initial  inspections, when  necessary, of Headquarters,
         Regional,  and  Laboratory facilities  for  compliance  with   security
         requirements in this Manual  and  forward  appropriate  reports to  the
         ICB.

    •    Conduct reviews of security  procedures at other Federal agencies  and
         inspect their security facilities, prior to transfer of any TSCA CBI,
         to ensure compliance  with the  security provisions of lAGs.

    •    Conduct  periodic  inspections,  announced  and  unannounced,   of   EPA
         offices or Laboratories  to ensure continued compliance with  the TSCA
         CBI security procedures.

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D. Division Directors (or Equivalent)

Division Directors  (or  equivalent)  are responsible  for  the implementation of
these procedures  in  their  areas of  responsibility.   Their responsibilities
include appointing DCOs and DCAs as needed.  The number of DCOs and DCAs shall
be kept to a minimum.  Only at EPA Headquarters may Division Directors appoint
DCOs and DCAs.  In Regional Offices and Laboratories this responsibility rests
with Regional Administrators and Laboratory Directors and may not be delegated
to a lower level.

Division Directors  are  also responsible  for authorizing their  employees for
access to TSCA  CBI.   Access must be  strictly  on a need-to-know basis and the
number of authorized  persons must be kept  to  a practical  minimum.   Division
Directors may also remove names of their employees from the access list.

Division Directors must  request  computer access to  TSCA CBI from the DAA/OTS
for their employees, including DCOs and DCAs.

Additional duties of  Division  Directors  are to ensure that authorized persons
participate  in  training and  education programs, as  available,  regarding the
handling  of  TSCA  CBI;  to  take  appropriate  disciplinary  action when  any
employee fails  to comply with these  procedures and  to  notify the DAA/OTS of
the violation and any disciplinary  action taken; to  refer cases  to  the DIG
when  there  is an alleged  or actual  wrongful  disclosure of TSCA  CBI;  and to
approve all  requests  for TSCA  CBI that involve movement of documents from one
EPA facility  to another.


E. Director, Management Information and Data Systems Division (MIDSD)

The Director of the Management Information  and Data Systems Division  (MIDSD)
will, upon request, assist the OIG in reviewing Computer  Center Security Plans
as  specified in  Chapter  IV; review  and comment on ADP Application Security
Plans as specified in Chapter  IV, and recommend approval  or disapproval to the
DAA/OTS; and assist the OIG in conducting inspections of computer  facilities
for compliance with security requirements.


F. Branch Chiefs

Branch Chiefs are responsible for  the implementation  of these procedures  in
their areas  of responsibility.   They or  their designees are responsible for
reviewing staff-generated documents  in final form when there is a question  as
to  whether  or  not  these  documents  contain  TSCA  CBI.   All staff-generated
documents that  are determined  by the  Branch Chief  to contain TSCA  CBI  shall  be
taken  immediately  to the  document  control  officer  to be entered into the
document control  system.

Similarly,  any sanitizing  of staff-generated  documents must be  done by the
Branch Chief or his/her designee.

If  necessary, the Branch  Chief  shall consult the Chief,  Information  Control
Branch, before  making a decision.

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G. Chief, Information Control Branch (ICB)

The  Chief,   Information  Control  Branch,  is  responsible  for  developing  EPA
policy in security matters within the framework of these procedures  and 40  CFR
Part  2.    Responsibilities   include  interpreting,  and/or  clarifying,  these
procedures  as needed  to  facilitate  their  implementation  and serving as  a
consultant  to  all DCOs/DCAs  regarding these procedures  and any other  matters
relating to the control and security of CBI.

The Chief,  Information Control Branch,  also maintains current lists  of DCOs
and  DCAs throughout  EPA,  all  persons   authorized  for  access  to  TSCA  CBI
throughout  EPA, and  all  DCOs, DCAs, and  other employees with  computer access
authorization.

The Chief,  ICB, will also be  responsible  for approving Headquarters,  Regional,
and  Laboratory  facilities  for  receipt  and  storage  of  TSCA  based  on   an
Inspector General's  report of  inspection of these  facilities  for  compliance
with security requirements of this Manual.

The  Chief,   ICB,   is   responsible  for   recommending approval/disapproval   of
security procedures and facilities of other Federal  agencies to the  AA/OPTS.
H. Chief, Security Branch, Facilities and Support Services Division

The Chief, Security Branch,  is  responsible for assisting OPTS in  establishing
appropriate security measures to  comply with the requirements of  this  Manual.
He/she is responsible for ensuring that NACIs  or full field  investigations  are
conducted on employees, as appropriate.

The Chief, Security Branch, also assists various programs handling TSCA CBI in
establishing  the  physical   security  for  their  particular  operation,  e.g.,
locks, electronic alarms, storage cabinets,  shredders, etc.


I.  Document Control Officers (DCOs)

All DCOs are responsible for  the  control  and security of TSCA CBI  received by
them.  They  are responsible for  logging  all TSCA CBI received and generated,
including  computer-generated  printouts,   and  assigning  a   document  control
number,  attaching  a  cover sheet,  and,  at a minimum,  stamping the  first page
and the back of the last page of all TSCA  CBI  documents, whenever  these things
have not  already  been  done.  All TSCA  CBI logs must be marked and treated as
CBI.

DCOs furnish TSCA CBI to other Federal agencies that are authorized to  receive
the  information  by  the Assistant  Administrator  for  Pesticides  and  Toxic
Substances.

DCOs maintain  a  system to  ensure  that   any  TSCA  CBI  transmitted to  other
offices is received.

DCOs also maintain a current  list of persons authorized access to  TSCA CBI in
their areas of responsibility and furnish this list, with any changes  clearly
indicated, to the Chief, ICB, on the first working day of each month.

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DCOs  keep  on  file  a  list furnished  by  the  Chief,  ICB,  of  DCOs  and  DCAs
throughout  EPA  and,   in  a  secure  manner,  a  record  of  the  locations  and
combinations of  all  locks, safes, and  cabinets  that protect TSCA  CBI within
their  areas of  responsibility.    (DCOs  ensure  that  these combinations  are
changed as required by Chapter III.B.)

DCOs are required to  conduct periodic audits, at  least annually,  of all TSCA
CBI in their areas of responsibility.

Before releasing TSCA CBI to any EPA employee, the DCO must verify that he/she
is on the Authorized Access List.

The DCO must verify the  identity of any  submitter representative  sent to EPA
by a  company to review  or retrieve that  company's  previously  submitted TSCA
CBI before allowing access.

When  an  employee  on  the  TSCA  CBI  Authorized  Access  List  terminates  or
transfers,  the  DCO  obtains  a  Confidentiality  Agreement  for  United States
Employees upon Termination or Transfer and keeps it on file for 5 years.

When releasing information that will be held overnight or longer, the DCO must
ensure that an approved storage  facility  will be used prior to  the release of
such information.

DCOs also:

    •    Authorize and supervise the reproduction and destruction of TSCA CBI.

    •    Provide document  control and handling  services  to  those  EPA
         components without a DCO.

    •    Direct DCAs in their areas of responsibility.


 J. Document Control Officers (and Document Control Assistants) Approved for
   Computer Access

In addition  to  the  responsibilities listed above, DCOs  and DCAs approved for
computer access  are  responsible  for preparing input  to,  and receiving output
from,  authorized computer  facilities.    Specifically,  their responsibilities
include:    keeping  their  computer  access keys  and  passwords confidential,
changing  their  keys   and  passwords  frequently,   ensuring  that  TSCA  CBI  is
transmitted  to  authorized  computer facilities only,  and  ensuring  that use of
the computer  facility  is in accordance  with  any  restrictions  placed on that
use by the DAA/OTS or his/her designee.


K. Computer DCOs

In addition to the responsibilities  listed in Chapter II.H. and II.I,  computer
DCOs  are  responsible for  the  control and security of  all  TSCA CBI contained
within  the  computer  facility.    Specifically,  they must maintain  a system to
ensure  that  physical  and electronic  access  to  TSCA CBI contained  in the
facility  is restricted  to authorized computer  support personnel  inside the
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facility, and  to authorized DCOs  and  DCAs outside  the  facility.   They must
ensure  that the TSCA  security  requirements  specified  in  Chapter  IV  are
satisfied by  the computer  facility and must  notify  the  DAA/OTS  or  his/her
designee and the DIG of any alleged violations or incidents possibly involving
unauthorized disclosure, modification,  or destruction of user data or programs
associated with TSCA CBI.  When there is evidence of procedural violations but
not of unauthorized disclosure, only the DAA/OTS must be notified.


L. Document Control Assistants (DCAs)

DCAs are responsible for performing any duties  assigned  to them by the DCO to
whom they report.   In the absence of the DCO,  the  DCA may act for him/her in
routine matters.   Difficult, unusual,  or  nonroutine questions  or situations
shall be referred to a DCO.
M. EPA Employees

Employees  are  responsible  for  the  control  and  security  of  all  TSCA  CBI
received by  them.   Specifically,  they  are required to discuss  TSCA CBI only
with authorized persons and safeguard TSCA CBI when in actual use as specified
in Chapter  III.C.   Employees shall not  discuss  TSCA CBI  over  the  telephone
except  as  authorized  by  Chapter  III.C.3.    When  working  with  submitter
representatives, EPA  employees must  verify their  identity before discussing
with them any of their company's previously submitted TSCA CBI.

Employees who have TSCA  CBI in  their  possession  must  store it  in approved
storage containers when  it  is not in use and  at  the close  of  each business
day.

They must also safeguard the  combinations  to  locks,  safes,  and rooms in which
TSCA CBI is  stored.   EPA employees  cannot  make copies  of TSCA CBI documents.
If they need copies reproduced, they must obtain them through the DCO/DCA.

Employees with computer access authorization are responsible for keeping their
computer access keys  and passwords confidential and changing them frequently,
and for using the computer facility in accordance with any restrictions placed
on that use by the DAA/OTS.

Most importantly, employees must  report  immediately any alleged violations of
TSCA  or any violation  of  these  procedures  to  their  Division  Director  or
equivalent.


N. Security Representatives

Security  Representatives are responsible  for  assisting  their  Regions  and
Laboratories  in establishing and  maintaining  the  safeguards as prescribed by
this Manual  and assisting the EPA  Headquarters Security  Branch, ICB, and the
OIG with security matters in  their facilities.
                                       11

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     III. Procedures for Handling TSCA Confidential Business Information
A. Gaining Access

To obtain a document  containing TSCA CBI, the authorized person  will request
the document from  the appropriate DCO/DCA who will verify  that the requester
is on the TSCA CBI Authorized Access List.

The DCO/DCA will  then obtain the  document  from either local  secure  storage,
another DCO,  or an authorized computer facility.

If the requester has access to an acceptable storage cabinet, he/she may check
the document out for a maximum of 90 days, renewable  at the discretion of the
DCO/DCA; otherwise, the document must be returned to the DCO/DCA by  close of
business the same day it is logged out.

The DCO/DCA will  enter the appropriate  information in  the  User  Sign Out Log
and will  ensure that the document  has  a  document  control number,   a  cover
sheet, and, at  a  minimum,  a CBI stamp on the first page and  the back of the
last  page,  before  releasing the  document,  whenever these  things  have  not
already been done.


B. Storage
    1.  At EPA

TSCA CBI must be  stored as  specified in this section.   When it is  not  in use
and at the close  of business  each day,  TSCA CBI must be stored, at a minimum,
within a  metal  cabinet with  a bar  and an EPA-approved  three-way  changeable
combination padlock.

When warranted by the volume of CBI, the DAA/OTS may authorize secure document
storage rooms and/or  secure areas, provided they are approved, prior to use,
by  ICB  and   access  is  strictly  controlled.    Document  storage  rooms  may
incorporate  one  or  more  of  the  following,   depending  upon  the  location,
construction, and configuration of the room:

    •    Combination-lock doors.

    •    Electronic Card Entry Systems.

    •    Contact alarm doors/windows.

    •    Ultrasonic alarms.

    •    Vibration alarms.

    •    Other remote intrusion alarms.
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With the approval of the ICB, open storage  is  acceptable  in such secure rooms
or areas.

Combinations to  cabinets  and/or rooms where  TSCA CBI is  stored may  only be
issued to  authorized persons who have a  need to know.   Combinations  must be
changed once a year or every time a person  who knows a combination terminates
or transfers, whichever comes first.  The appropriate DCO must be notified of
any changed combinations.


    2.  tfhen Traveling

With the approval  of a Division Director,  TSCA  CBI  may be taken home by EPA
employees prior to a trip when it would be impractical to return to the office
to pick  up the information.   Employees will  take all reasonable  measures to
safeguard  the  information.   When traveling by plane  or  other public  convey-
ance, employees  must keep TSCA CBI in their  possession  and may not check it
with their luggage.

When an employee is  traveling with TSCA CBI (including samples) and is unable
to deliver or  ship the CBI to an authorized  facility, TSCA CBI may be stored
(for as short a period as possible)  inside a locked container inside a locking
portion of a motor vehicle.  TSCA CBI may be stored in hotel safes.


C. Safeguards During Use

Confidential business  information, when  in use  by an authorized person, must
be  protected  at  all  times.    TSCA  CBI  must  be  kept  under the  constant
surveillance of an authorized person who  is in a physical position to exercise
direct security  control  over the material.   It must  be  covered,  turned face
down,  placed  in  approved  storage  containers,  or  otherwise  protected when
unauthorized persons are  present.  When  not  in use and  at the close  of each
business day, TSCA CBI must be returned to approved  storage containers.

Employees  may  discuss TSCA CBI  only with   other  authorized  persons.   To
transfer  custody of  a TSCA  CBI document  to another authorized  person,  an
employee  must  go  through   the  local  DCO/DCA  or,  within a  DCO's  area  of
responsibility,  use a Loan Receipt  for  TSCA  CBI   (Appendix  XI).   The Loan
Receipt must be given to the DCO/DCA and  the leaner  should  retain a copy.  The
recipient  must  also  sign   the  cover  sheet  if he/she   has   not  signed  it
previously.


     1.  Secretarial  Procedures

Only persons listed  on the  TSCA CBI  Authorized Access List may type documents
that  contain  TSCA CBI.  At  all  times  the typist must safeguard the original,
all  "mag"  cards,  disks  or  other recording  media,  one-time  carbon  ribbons,
drafts,  scratch  paper, notes,  and any other materials  containing TSCA CBI.
The typist may not make carbons  or copies of TSCA CBI  documents.

When typing documents containing TSCA CBI, the typist  must  take all reasonable
measures  to ensure  that  no  unauthorized  person  can  see or  otherwise gain
access to what is being typed.

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If the keyboard and printer are separate units, both  must be under the direct
physical  control  of the  using employee.    If  a processing unit  or  storage
medium  is  part of  the  system,   and  if  either  can  be  electronically  or
physically accessed by other persons, then the  entire system must be approved
by the ICB prior to use.  MIDSD may be  asked for  assistance in evaluating the
security of the system.

Whenever it is necessary to stop before a task is finished (at lunchtime or at
the  end  of the day,  for example),  the typist must  take  all  materials that
contain TSCA CBI to the author for safeguarding or lock them up in an approved
storage container.  The typist  shall  check to be  sure he/she has left nothing
on the desk or in the typewriter  or  word-processor,  etc.,  that  might permit
the unauthorized disclosure of TSCA CBI.

When the typing task is completed,  the  typist must take  the  original  and all
other materials to the author, who will in turn take them to the DCO/DCA.  The
DCO/DCA will enter the  original into the document control  system and destroy
all other materials.


    2.  Incoming Mail  from Businesses

Businesses should transmit TSCA CBI to  EPA by registered mail, return receipt
requested,  in  a  double envelope.    The  inner envelope  should  be addressed
specifically to the appropriate DCO/DCA with the  following additional wording
on  the  front:    "TSCA Confidential  Business  Information—To  Be Opened  By
Addressee  Only."   The outer  envelope should be  addressed to  the apropriate
DCO/DCA without the additional  wording.  Any incoming  mail so addressed must
be  taken   to   the  appropriate   DCO/DCA   immediately.    Also,  any  TSCA
correspondence  that  is  marked  "confidential,"   "proprietary  information,"
"company  secret,"  etc.,  or  otherwise  contains  a request  for  confidential
treatment, must be taken to the DCO/DCA immediately.

Employees  are  responsible  for  safeguarding  any  unlogged  TSCA CBI  in  their
possession.   Also, whenever an  employee becomes  aware  that correspondence
contains  TSCA  CBI,  whether  it  has  been  properly  designated  or not,  the
employee must take it to the  appropriate  DCO/DCA  immediately.  If the DCO/DCA
is not available,  the CBI must be secured until he/she is available.


    3.  Telephone  Calls

With the written approval of a Division Director,  authorized EPA employees may
discuss TSCA  CBI  over  the  telephone with other  authorized  EPA  employees  in
Headquarters and other EPA offices and with authorized EPA contractors.

With the  written  approval of a Division Director, EPA employees may discuss
TSCA CBI on the telephone with  authorized Federal  employees in other agencies
or their authorized contractors.   The EPA employee must verify that the other
person is  authorized  for  access and must also  indicate at what  point  in the
conversation TSCA CBI is to be discussed.

If the EPA employee is not sure that  the other  person is authorized access to
TSCA  CBI,   he  or  she  will  check  the  EPA  TSCA CBI Access  List, which  is
maintained by each DCO.

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With the  permission of  the  submitter and  after verifying his/her  identity,
authorized EPA employees may discuss TSCA CBI over the telephone with the sub-
mitter.  If submitters discuss CBI  over  the telephone,  employees shall notify
them that such discussion does not constitute a waiver of any CBI claim.

Between EPA and  a submitter,  with the permission  of the submitter,  TSCA CBI
may  be  transmitted electronically  through  communications  lines   (e.g.,  by
telecopier).  See Section IV.B.8. before electronically transmitting any TSCA
CBI.  When an EPA employee requests additional information  over the telephone
from a submitter,  the  employee  should  also  inform the submitter  that  the
additional information may be claimed to be CBI.


    4.   Meetings

For any  meeting, symposium,  panel  discussion, or seminar  at which  TSCA CBI
will be  discussed,  the meeting chairperson shall provide  a  TSCA CBI Sign-In
Sheet  (Appendix  XI)  if  there are attendees  who  have not had prior  access to
the TSCA  CBI  to be  discussed.   In addition,  the  chairperson will  retain the
option to  require a sign-in sheet whenever  he/she thinks it necessary.   All
attendees must sign  it and record their  EPA identification  badge number.  The
chairperson shall give the sign-in  sheet to the  local DCO/DCA who will retain
it for 1 year.

The chairperson  must also ensure  that  only  authorized persons are present and
shall  announce  that TSCA  CBI  is  to  be   discussed.    When necessary,  the
chairperson  shall  review  with  the attendees  their  responsibility  for
safeguarding  CBI in any and all  forms, including,  but  not limited to,  any
notes taken and  any  subsequent discussions.

No  recording  is  to  be made  of  the  meeting  unless  the  chairperson  has
authorized  it.    If  authorized,  the  recording must  be treated as  all other
confidential  business  information  and  entered  into the document control
system.

The meeting room shall be secured after  the meeting  by the  chairperson.  This
includes  cleaning all chalkboards, destroying,  by approved methods, all tear
sheets  and other notes,  and  ensuring that  nothing  is left in  the  room that
could lead to the unauthorized disclosure of TSCA  CBI.

When notes containing TSCA CBI are  taken from a  document,  a  meeting, or any
other  source, the notes must be protected as TSCA  CBI.  If the notes  are to be
circulated to other  authorized persons,  they must  be  entered into the document
control  system.   The taking  of  notes is discouraged and should be kept to  a
practical  minimum.   Any document  generated from notes  shall  be  treated as
described  in section H of this chapter.


    5.  Lost or  Unaccounted-for Documents

If  any employee  becomes  aware  that a TSCA Confidential Business Information
document  is lost or  otherwise unaccounted for, he/she shall immediately notify
the  appropriate  local DCO/DCA.    If  the  DCO/DCA verifies that the document is
lost  or  otherwise  unaccounted   for,  he/she  shall  notify  his/her  Division
                                      16

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Director.   If,  after  a  thorough search,  but not  later  than  3  working days
after such  discovery,  the document is not  found or accounted for, the Office
of  the  Inspector General  will be  notified in  writing  and will  initiate  an
investigation.  The Chief, ICB, will also be notified.

D. Transmittal
    1.  Within an EPA Facility

Within  an  EPA  facility,  TSCA  Confidential  Business  Information  shall  be
hand-delivered only,  by one authorized  person to another.   At no time shall
TSCA CBI be transmitted through interoffice mailing channels.
    2.  Outside an EPA Facility

Ordinarily, TSCA  CBI will be  transmitted by registered  mail,  return receipt
requested, in  a  double envelope.  On the  inner  envelope  must be the name and
address of the recipient  with the following additional wording on the front:
"TSCA Confidential Business Information—To Be Opened By Addressee Only."  The
outer envelope will  have  only the  recipient's  name and  address,  without the
additional wording.

When  registered mail would take  too  long or other  circumstances  warrant it,
the  Express  Mail  Service of  the  U.S.  Postal  Service,  or  private carriers
approved by ICB may be used for  transmitting TSCA CBI.   Written approval by a
Division Director  or equivalent  is required for  such  transmittals.   A return
receipt of some type must be included inside the  inner package or envelope.

Physical samples,  such as  those  collected during a TSCA inspection, which are
claimed to be TSCA CBI, shall be placed in a package or container and the seal
marked  "TSCA  Confidential Business  Information."    Such  samples   shall  be
delivered  or  shipped as soon  as possible to the appropriate  DCO/DCA  in the
Laboratory.  If shipping or delivering is not immediately possible, as when an
employee is traveling,  the sample shall  be  stored  inside  a locked container
inside a locking portion of a motor vehicle or in a hotel safe.

Authorized persons may hand-carry TSCA  CBI  to  other EPA facilities  or  to
persons outside  EPA,  providing  the  dispatching DCO  maintains a  record and
obtains a  receipt  from the person at the  facility receiving the information.
Information being  hand-carried shall  be packaged  as registered mail or in an
alternate manner approved by ICB.

When circumstances warrant, and with ICB approval, special  arrangements may be
made for transporting of CBI within a local  area, e.g., the Washington, D.C.,
metropolitan area.
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E. Reproduction/Destruction
    1•  Reproduction

TSCA  CBI  may not  be  reproduced  except  upon  approval   by  and  under  the
supervision of a DCO/DCA.   Reproduction shall be kept to an  absolute minimum.
Whenever  possible,  reproduction  shall be  done by  or in  the presence  of  a
DCO/DCA.  The DCO/DCA  shall enter all copies into the document control system
and  apply the  same control requirements  to  the  copies  as  those  for  the
original.
    2.  Destruction

TSCA CBI documents may not be  destroyed  except  upon approval by and under  the
supervision of a DCO/DCA.  Destruction must be by shredding, burning, or  other
means  approved  by ICB.   The  DCO/DCA shall  remove the  cover  sheet,  make  a
notation of the  destruction  on the cover  sheet,  and return it  to originating
DCO/DCA.    That   DCO/DCA shall  keep  a  record  of the   destruction   in  the
Destruction Log (Appendix IV).


F. Photographs

Whenever it is necessary to  take photographs  that contain TSCA  CBI, as during
a TSCA inspection, either an "instant" camera must be used or  the film must be
processed by  an  authorized EPA photo  lab  or  an  authorized  private photo  lab
contractor.   The Chief,  ICB,  will maintain  a  list of  facilities  cleared  to
process film containing TSCA CBI.


G. Retiring of Documents

When TSCA CBI documents  are  to be  retired for legal, historical, or reference
purposes, they  shall be shipped to the Federal  Records Center in accordance
with the procedures  in the EPA Records  Management  Manual.  Appropriate  steps
will be  taken to ensure  that TSCA CBI  is properly protected for  as long as
necessary.


H. Generating TSCA Confidential Business Information Documents

When  an  EPA employee  generates a  document  from  an  existing TSCA  CBI
document(s) the generated  document shall be presumed to  contain TSCA CBI  and
be protected  accordingly.   If  there is  a question  as  to whether  a staff-
generated document  in its final form  contains  TSCA CBI, it will  be taken  to
the Branch Chief, who will determine whether or not  the document contains TSCA
CBI.   If the  Branch  Chief determines that  the  document  contains TSCA CBI,  it
will be  taken to the DCO immediately,  who will enter it  into the document
control system.   Generation of such documents shall  be kept  to a minimum.


I.  Retaining Logs

All logs maintained  under these procedures shall be retained for  at least 5
years.

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              IV. Security Requirements for EPA Computer Centers
A. General

In  addition to  the  applicable  Federal  statutes  and  regulations  cited  in
Chapter I.e. of  this Manual, the  computer  processing of TSCA CBI must  be  in
compliance  with  the  following  directives  issued  to  all  Federal  agencies
processing sensitive data by computer:

     •  Office of Management and Budget  OMB Circular A-71
     •  Office of Personnel Management  FPM Ltr. 732-7
     •  National Bureau of Standards  FIPS PUBS
     •  General Services Administration  41  CFR, Ch. 101

All TSCA computer  support facilities, whether dedicated  to  CBI  processing  or
shared with non-CBI programs, must meet the basic  requirements  for protection
of TSCA CBI.
    1.  Basic Security Requirement

The system must provide a level of security adequate to protect TSCA CBI being
processed from unauthorized access by users and other persons having access to
the facility.


    2.  Computer Center Security Plan

The Computer DCO shall  develop, maintain,  and perform periodic audits against
a  plan  containing  a comprehensive  set  of documented  data  security standards
and procedures.   This  plan  must  provide for  periodic risk analyses  and for
obtaining  confidentiality agreements  from all  contractor  and  subcontractor
personnel working for the facility (such as equipment maintenance contractors)
and must meet all requirements specified below.  This security plan is subject
to  approval by  the DAA/OTS  or  his/her  designee  and  shall be  available to
representatives of EPA's OIG.
B. Hardware and Software Characteristics
    1.  Hardware

The computer  hardware  supporting  the system must  be capable  of maintaining
isolation  between  user tasks,  and must prevent  normal users  from executing
instructions reserved for the operating system.
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Since a well-designed system of  software,  as specified below, can adequately
compensate for many desirable hardware features, no further specific hardware
requirements are set forth here.
    2.  Software System Design

The operating  system must have  data  security as  one  of its  primary design
requirements.   The operating  system must  provide  mechanisms to implement the
following principles.

Note  that  software  system  design  requirements  a.  and  b. ,  below,  are
essentially identical  to the  hardware  requirements specified  above  and may
substitute for the hardware  requirement, if proven  effective.
         a.  User/Task Isolation

Separate users or tasks operating  concurrently  in  the system must be, within
system limits, totally isolated from one  another.


         b.  Control of Interfaces and Security-Sensitive Work Spaces

Operating system interfaces must prevent users  from gaining access to
instructions or data reserved for the operating system.  The  operating system
shall   not  use  user-accessible   work  areas   for  passwords  or  other
security-sensitive data.


         c.  Audit Trails

The system must provide  extensive  auditing data to record significant system
activities that  are  of  a  security concern,  such as  log-on attempts,   file
accesses, and program execution.   The system shall also provide to EPA a  list
of attempts at unauthorized access of EPA  data  files  and/or programs  by users
and others.
         d.  User Identification and Authorization

Mechanisms in the operating  system  must be capable of identifying  individual
users of  the system  and  specifying the  system resources  and privileges to
which the user is authorized.
    3.   Applications Software Management

Any employee responsible for developing software  that will  process  TSCA CBI is
required to prepare an ADP Application Security Plan.  This plan  describes the
components of  the  system or subsystems  that  may be accessible  by authorized
DCOs  and  DCAs  including computer programs, inputs,  outputs,  and  data bases.
The  security  plan  must  also  state  how  security is to  be enforced, and, in
particular, how unauthorized modifications to the programs will  be prevented.
                                      20

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The  plan  must  also  address  controls  to  ensure data  integrity  and systems
assurance, including audit trails.   The  plan must be reviewed and approved by
the  DAA/OTS  or  his/her  designee  following  review by  the  Director of  the
Management Information  and Data Systems  Division,  and the OIG.   The program
instituted must be  periodically  reviewed  for  effectiveness  and   shall  be
subject to periodic audit.

    4.  File-Catalog Structure

The  operating  system must  provide resource  control at  the  file level that
permits  isolation  of  one  user's  files   from  another's.    It  shall not  be
possible for one user to  access  another's files simply by having knowledge of
the file name and account number.
    5.  File Access Control/Permission Mechanism

The  operating  system  shall  provide  for  file  access  through  a  specific
permission mechanism capable of the following.


         a.  Specific User Permissions

It  shall  be  possible to  give  selected users  access to  a  particular  file
without giving all users access to the file.


         b.  Access Type Control

It  shall  be possible for  a file owner  to restrict the  type of access  to a
file.    Two  minimum  categories must   be  supported—Read   Only  Access  and
Read/Write Access.  It is also highly desirable  to  be  able to restrict access
to  program files  on  an execute-only (i.e., no  read)  basis  and  to restrict
"control" access to files (i.e., scratching  or renaming the file).
    6.  User Features

To  enable  user flexibility  in  adding security features  to applications, the
system  shall  provide a range  of optional protection  features,  including the
following.


         a.  Password Change Capability

Individual users  (DCOs  and DCAs authorized  for computer  access)  shall ensure
that  their  own log-on  and  file  access  passwords are  changed  at frequent
intervals.
         b.  Idle Terminal Disconnect

The  system  shall  provide  a  mechanism  to  automatically  disconnect  a user
terminal after a fixed  period of no activity.   If the terminal is a CRT type,
then the system shall clear the  screen before the automatic disconnect.

                                      21

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    7.  Communications Facilities

The communications network must be adequately protected against intentional or
accidental misrouting  of  data traffic.  Line protocol  and concentrator-modem
interfaces shall  be  designed to  detect  and protect against  anomalous events
(such  as  spurious  data  or  line  disconnects)   that  might  otherwise  cause
misrouting or loss of data.

Communications equipment  (modems, multiplexors, concentrators,  etc.)  shall be
located in secure areas accessible only to authorized personnel.
    8.   Electronic Transmission of TSCA CBI

When TSCA CBI is transmitted electronically through communications lines, such
lines must be protected  in accordance with the National  Bureau of Standards'
Data  Encryption Standards.   Such encryption  is  not  required  for  hardwired
connections within a secure facility.

Any terminal or printer  used to read  or  print TSCA CBI must be located in a
secure room  and used for  this  purpose only by a  person  with computer-access
authorization.
C. Media Handling

Policies  and  procedures  must  be  included in  the  security plans  (Chapter
IV.A.2. and  IV.B.3.)  to fully control access  to  and handling of various data
media  used  in processing  TSCA  CBI,  including  magnetic  tape,  disk  packs,
printed output, cards, micrographic output, and other such media.
    1.  Media Labeling

Media must be labeled only with such information as is necessary for retrieval
and media management.
    2.  Separation of Storage Facilities

Storage areas for various media, including mountable volumes, must be separate
from the machine operations areas.
    3.   Transmittal  of Media

Input and  output media can be transmitted  only between the  Computer DCO and
the lappropriate  program area DCO.   In no case shall  input media be accepted
from or  delivered to a third party.   Positive user identification procedures
must be  in effect.   Detailed logs of  all  media transmitted  to and from the
computer facility must be maintained.
                                      22

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    4.  Disposal of Media

When authorized in writing by a DCO, media will be disposed of by the Computer
DCO in a manner that will prevent any disclosure of data to outside parties.


D. Facility Protection

All necessary steps are to be taken to  protect facilities,  equipment,  and the
data  they  contain  from  inadvertent or  intentional  access,  damage,  or
destruction.
    1•  Access Control

The computer DCO is required  to enforce a policy of  permitting no unescorted
visitors into computer operations areas or into areas where sensitive data are
handled.   Only designated  personnel  with  an  ongoing  need  to know will  be
authorized unescorted access to such areas.
    2.  Facility Security System

Any computer facility processing  TSCA CBI must have, prior  to receiving such
data, an  adequate facility  or  building  security  system to protect  both the
equipment and data that has been approved by the ICB.


E. Backup and Recovery Capability

There shall be documented procedures  to  ensure adequate backup  and  recovery
capability  in  the  event of  loss of data or  processing capability through
accident or disaster.  These procedures shall include a provision for periodic
testing of the backup and recovery capabilities.


    1.  File Backup

All  files  resident on  the  system  shall  be  copied  onto backup  media  on  a
regular basis.


    2.  Off-Site Storage

A  complement   of  backup  files  that  will  enable  recovery  to  the  previous
end-of-week position  in the  event  of a  major  disaster resulting in loss  of
on-site copies shall be  stored off-site.   An off-site storage  facility  is
defined as one that is so located that it is highly unlikely to be affected by
a major disaster (fire, explosion, etc.) striking the main facility.   Off-site
storage must be as  secure as  that at  the  primary location of data and must be
approved by ICB.
                                      23

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            V. Security Requirements for Other Federal Agencies
A. Purpose

This section sets forth the circumstances and procedures under  which  TSCA CBI
may be  furnished by  EPA to  another Federal agency  that has  responsibility
under law for the protection of health or the environment  or  for  specific law
enforcement purposes.


B. Policy

EPA policy  is  to furnish TSCA CBI to  any Federal agency  with  responsibility
under any law for the protection  of  health  or the environment or  for  specific
law enforcement  purposes,  provided the other agency  is able and willing  to
meet prescribed  standards  for ensuring  the security of  the information  and
promises to treat the  information as confidential  in  accordance  with 40  CFR
Part 2.
C. Procedures for Answering Requests

Any EPA office that receives a written request from another Federal agency for
access to TSCA CBI in  accordance with  40  CFR Part 2 (other than requests made
under section D.  below),  must refer the request to the Assistant Administrator
for Pesticides and Toxic  Substances (AA/OPTS).

The AA/OPTS or his/her designee  must  first evaluate the official  need  stated
by the other Federal agency.  If the need relates to the other agency's  duties
under a law for the protection of health or the environment or is for specific
law enforcement  purposes,  the AA/OPTS must  ensure that the  other  agency has
agreed  to  keep the  information  confidential  in  accordance with  the
requirements of 40 CFR Part 2.

If the other  Federal agency has met  the requirements of  40  CFR Part  2,  the
AA/OPTS shall  ask the agency to  furnish copies of  security  procedures under
which the  agency proposes to protect  the information.   The procedures  must
provide at  least the  same degree  of security  provided by  this Manual  and
include  the   requirement  for obtaining  signed  copies  of the  TSCA Federal
Non-EPA Employee Confidentiality Agreement  (Appendix VII)  from each  of  its
employees who  will  have access,  and  obtaining signed  copies of  the
Confidentiality  Agreement   for  United States  Employees Upon Termination  or
Transfer  (Appendix  VIII)  from  each  employee  who  terminates  or  transfers.
(This requirement does not  apply to Department  of  Justice  employees described
in section E. below.)

If the other  Federal agency has met the  requirements of 40 CFR  Part  2, there
are  two  ways to meet  EPA1 s requirement  that  its facilities and written
procedures provide at least the same degree of protection  for TSCA CBI  as EPA
provides.    1) The  other Federal agency  may develop  its  own procedures  and
forward them to EPA.  The EPA DIG will determine  if the  procedures meet EPA's
                                      25

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minimum requirements and forward a report  to the AA/OPTS.  The  AA/OPTS,  with
the assistance  of ICB, will  then determine  whether the security  procedures
would provide at  least the same  degree of protection  as procedures in  this
Manual.  If  so,  the OIG will make a physical inspection  of the  other Federal
agency's facilities to  determine  if  they meet  the  requirements of  the  other
Federal agency's  approved  procedures and report  the results to the AA/OPTS.
2) The other Federal agency may adopt EPA's  security procedures.   If they do,
the OIG  will inspect  their  facilities  and report to  the  AA/OPTS  as in
number 1.

In both cases, upon the approval of  the AA/OPTS,  TSCA CBI may be furnished to
the other agency  in accordance with  established  procedures, including the use
of the Federal agency sign out log.

If the other  agency is authorized to receive TSCA  CBI  and if the  applicable
procedures in 40  CFR  Part  2 have been  followed,  the AA/OPTS  shall  notify the
appropriate  DCO who  shall  provide  the  information  in  accordance  with
established procedures.


D. Procedures for Interagency Agreements

If a particular Federal agency has a  continuing  need for TSCA CBI,  the AA/OPTS
may negotiate an  interagency agreement  (IAG)   with that  agency  to  provide
access to TSCA CBI, in  accordance with  EPA  order 1610.   The IAG must meet all
the requirements of section C. above and specify the procedures that will be
followed by the other agency in making specific  requests for information under
the IAG and to whom the requests will be addressed.

The AA/OPTS,  or his/her designee,  shall notify  the appropriate DCOs of the
agreement  and  the procedures to   be   followed  in  responding  to  specific
requests.

Under such an agreement,  if the applicable procedures  in 40  CFR Part  2  have
been followed, a  DCO may furnish  confidential business  information  to another
Federal agency, in  accordance with  established procedures, without  receiving
specific authorization from the AA/OPTS for each request.


E. Exemption for the Department of Justice

Department  of  Justice  (DOJ) employees  may  be  furnished TSCA  CBI  when
prosecuting  cases  under  TSCA or  providing  legal   assistance  to  EPA.    The
Department  of Justice, including the  FBI,  shall  be presumed to meet  EPA's
security requirements.  No  security  plans need  be submitted and no inspection
of  facilities  is  required.    DOJ  employees  are  not  required  to  sign  a
confidentiality agreement.  However,  the receiving DOJ office will be apprised
of  the  need  to  maintain  appropriate  security  controls  on  all  TSCA  CBI
furnished them.

Any  transfer of  TSCA  CBI  documents  from  EPA  to   DOJ  must  be  accomplished
through  an  EPA  DCO/DCA,  and all  requirements  for security  of  CBI  during
transmission must be met.

Authorized  EPA  employees, when  necessary and with permission of  a Division
Director or above, may discuss TSCA CBI with appropriate DOJ employees, either
in person or  on the phone.  Any TSCA CBI discussed  will be clearly identified
as such.

                                      26

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F. Limited Access

Individual employees of other Federal agencies may be permitted to review TSCA
CBI onsite at EPA with the permission of the appropriate EPA Division Director
or equivalent.  The  Authorization  for Access form should  be  used,  along with
the Confidentiality Agreement for non-EPA Federal Employees.  Such individuals
must be fully informed of their security responsibilities, must sign the cover
sheet of any document to  which  they have access, and will be under direct EPA
supervision at  all  times.  No TSCA  CBI  will leave the EPA facility,  and the
individuals will be told that they may not discuss the information except with
other employees of  their  agency granted access  and  authorized EPA employees,
may  not generate  any notes  or correspondence  containing CBI,  and  may not
discuss the CBI on the telephone.
G. Violations

Any violation of another Federal agency's security procedures, even when there
is no  evidence of wrongful  disclosure,  shall be  investigated by that agency
and  appropriate remedial  action  taken.    Results of  the  investigation  and
subsequent action must be forwarded to EPA's OIG and ICB.

Any  alleged  or  actual wrongful  disclosure  of  TSCA  CBI by  an  employee of
another Federal agency shall be reported immediately by that agency to the EPA
OIG and the Assistant Administrator for Pesticides and Toxic Substances.

Violations of  the  security provisions of an  interagency  agreement under this
chapter shall be investigated when appropriate by  the OIG, which shall report
to the AA/OPTS.   If the AA/OPTS finds that the  other agency has violated the
terms of  the  interagency  agreement, he/she may  terminate that agency's right
of access pending resolution of the matter.

If the  investigation by  the OIG  develops  information indicating  a criminal
violation, the case  shall  be referred to the Department of Justice.  When the
Department of Justice  accepts  jurisdiction,  any  further  action,  including
notification of the business involved, will be dictated by them.
                                     27

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                               Appendix I
            EXCERPTS FROM  EPA Conduct and Discipline Manual
GENERAL
The  achievement of constructive  discipline [here,  of  course, we  mean
discipline as it relates to compliance with the requirements of the TSCA
CBI Security Manual  is a responsibility of supervisors.   An atmosphere
of  constructive  discipline  is  brought about  by  a supervisor's  good
example  and practice,  instruction,  fair  and  equal treatment of  all
employees, and  firm and decisive leadership.
DETERMINING CORRECTIVE ACTION TO BE TAKEN

Supervisors and  management officials at all levels  are  responsible for
maintaining  discipline  in their  organizations  by  taking  appropriate
corrective actions.  .  .  .   Any supervisor or  management official with
supervisory  duties  may  take   informal  corrective  actions  and  issue
official reprimands  unless  this  authority  has  been  specifically
withheld.  The following principles will be observed in  the exercise of
both formal and informal correction action:

The action taken  must  be consistent with the precept  of like penalties
for  like offenses  with mitigating or  aggravating  circumstances  taken
into consideration.  The action taken  should be fair and equitable; and
if  a penalty  is  warranted,  it  should  be  no  more severe  than  sound
judgment  indicates is required to correct the situation  and  maintain
discipline.

When the appropriate corrective action is being determined, it should be
established whether  the employee knew, or could  reasonably be  expected
to know, what standard of conduct or performance was expected of him.

Repetition of  the same  offense  must  be  considered  in the assessing of
any penalty, as such repetition implies a disregard for authority.
INFORMAL CORRECTIVE ACTIONS

When a supervisor decides that corrective action is necessary, he should
first  consider informal  measures  which are  nonpunitive in  nature  but
which will  instruct  offending employees and  remedy  problem situations.
Supervisors are urged  to review the background of individual cases  and
assure that  informal measures  are  considered before  formal  corrective
actions, which are recorded  in  an  employee's  official personnel folder,
are utilized:
                                   29

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•    Closer Supervision

•    On-the-Job Training

•    Oral Reprimands—Perhaps the  most  common of corrective  actions is
     the face-to-face  session between  employee  and supervisor.   To be
     most  effective,  such  discussions  should be  conducted  in private
     without undue embarrassment to the employee.  .  .  .   Basic facts of
     the discussion,  including  the  reason  for  the  reprimand and  the
     corrective steps necessary, should be  recorded in a memorandum for
     file and  maintained in local  files.    No  record of  such informal
     discussions may be placed in an employee's personnel folder.

•    Written Warnings—This  kind of corrective  measure lacks  the give
     and take of the oral  interview and should usually be employed only
     if the supervisor has already tried an oral warning  or  feels that
     it  would be  inappropriate.   A   written  warning  should describe
     exactly  what  improper  actions  the  employee   is  engaging in,  and
     outline  positive  corrective  steps,  and  state what  penalty might
     result if the actions  continue.   A copy  of  the  written warning
     should not be placed in the  employee's official  personnel folder,
     but copies  should  be retained  in the  supervisor's  local  files.
     Written warnings are often effective in influencing those employees
     who require a more tangible expression of a supervisor's views.
FORMAL DISCIPLINARY ACTIONS

A  formal  disciplinary action  may be  an  official written  reprimand,  a
suspension, a  change to a  lower grade/ or removal.   Records of formal
disciplinary actions become  a  part of the employee's official personnel
folder.   Supervisors  should initiate  such  actions only  after coordi-
nating  any proposed  action with their  operating  personnel officers.
[Detailed information concerning these actions is contained in Chapter 5
of the  Conduct and Discipline  Manual*}
REASSIGNMENT AS A CORRECTIVE ACTION

Reassignment of personnel may serve as a useful corrective tool and is a
valid  disciplinary  action.   If an  employee  is considered  to have the
skills and desires needed to successfully perform at his grade level but
is  unable  to function  effectively in his  immediate work  situation,  a
reassignment to a new environment  may  be  considered.   In other cases, a
reassignment  to a  position where closer  supervision  is  possible [or
access to  TSCA CBI  is  not required]  can prove beneficial  to both the
employee and EPA.
EXCERPTS FROM APPENDIX C, TABLE OF OFFENSES AND PENALTIES

When  [formal]  disciplinary action becomes  necessary,  this guide should
be  used in order to facilitate comparable  action throughout the Agency
in  comparable  cases.  Penalties  for offenses usually  will fall within
                                    30

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the ranges  indicated, but  in unusual  circumstances greater  or lesser
penalties may be applied unless otherwise provided by law.

When disciplinary action is being determined in a specific case, consid-
eration should be  given  to the record  of  the  employee, and, when there
is a repetition of offenses, to the time interval between offenses.

When  an employee  has committed  a  combination or  series  of different
offenses, a greater  penalty than is listed for a  single offense should
be considered.
NATURE OF
OFFENSE
FIRST
OFFENSE
SECOND
OFFENSE
THIRD
OFFENSE
Violation of
security regulations
involving other
than classified
[national defense]
information
Oral/written
reprimand
Written
reprimand
to 1-day
suspension
5-day
suspension
to removal
Failure to assess
a penalty when the
facts are known and
warrant disciplinary
action
Written
reprimand
to 5-day
suspension
10-day
suspension
to 30-day
suspension
Removal
                                   31

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                                   Appendix  II
                           (Actual Size  8 1/2"  x 11")
TSCACBI US ENVIRONMENTAL PROTECTION AGENCY DOES NOT CONTAIN NATIONAL
«H«I FILLED IN TSCACONF,OEN¥IA|L™?,NELSS?NFORMATION SECURITY INFORMATION IE o 12065,
DATE
RECEIVED









DOCUMENT
CONTROL NO









NO
PAGES















RECEIVED FROM
(Enter company, city, and state)



























DESCRIPTION



























DISPOSITION



























 LOCATION OF STORAGE FACILITY
INCLUDING DIVISION AND ROOM NO .	

EPA Form 7710-10 (Rev. 9-81) Previous edition is obsolete.
                                          32

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                                   Appendix III



                           (Actual  Size 8  1/2" x 11")
TSCACBI US. ENVIRONMENTAL PROTECTION AGENCY DOES NOT CONTAIN NATIONAL
«»EN F'^D !N TSCA co^ENTIAL^US^S^RMAT.ON SECUR'TY ""=°™*™N (E 0 ,0265.
DATE
CHECKED
OUT













DOCUMENT
CONTROL NO /
COPY NO













USER INFORMATION
EPA ID NO













SIGNATURE













DATE
RETURNED













DCO
INITIAL













DISPOSITION













EPA Form 7710-11 (Rev. 9-81) Previous edition is obsolete.
                                          33

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                       Appendk  IV
               (Actual  Size 8  1/2"  x 11")
  TSCA CBI
WHEN FILLED IN
                    U.S. ENVIRONMENTAL PROTECTION AGENCY
                             DESTRUCTION LOG
                    TSCA CONFIDENTIAL BUSINESS INFORMATION
                                              DOES NOT CONTAIN
                                              NATIONAL SECURITY
                                                INFORMATION
                                                 ,~
                                                 (t u i
 DCO/DCA NAME
                                     _ LOCATION
  DATE
  DE-
STROYED
DOCUMENT
 CONTROL
 NUMBER
                         DESCRIPTION
 DCO/DCA
SIGNATURE
EPA Form 7710-45 (9-811
                              34

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                                   Appendk V
                           (Actual  Size 8  1/2"  x 11")
_„„,„,,, US ENVIRONMENTAL PROTECTION AGENCY nnES MnT CONTAIN KIATIOMAi
TS?* =»' CONTRACTOR/SUBCONTRACTOR SIGN OUT LOG SEruHlTY iiuFORMATVoN IE o otKsl
WHEN FILLED IN TSCA CONF|'DENT|AL BUSINESS INFORMATION SECURITY INFORMATION (E.O 12065I
DATE OUT













EPA DOCUMENT CON-
TROL NO./COPY NO.













NO.
PAGES













DESCRIPTION


























(SUB)CONTRACTOR/
(SUB)CONTRACT NO


























EPA PROJECT
OFFICER


























DCO
INITIAL













RECEIPT













DATE
RETURNED













DCO
INITIAL













EPA Form 7710-12 (Rev. 9-81) Previous edition is obsolete.
                                         35

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                                    Appendix VI
                            (Actual Size 8  1/2"  x 11")
US ENVIRONMENTAL PROTECTION AGENCY DOES NOT CONTAIN NATIONAL
«DERAL M^.n^^f^m^manum OUT LOG SECURITY 1NFORMAT,ON ,E 0 120BI
DATE OUT













EPA DOCUMENT CON-
TROL NO /COPY NO













NO
PAGES













DESCRIPTION


























FEDERAL AGENCY,
CONGRESS, COURT


























RECIPIENT


























DCO
INITIAL













ECEIPT













DATE
RETURNED













DCO
INITIAL













EPA Form 7710-13 (Rev. 9-81) Previous edition is obsolete.
                                           36

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                                      Appendix VII
                                           (Front)

                            (Actual  Size  8  1/2"  x  11")
                       REQUEST FOR APPROVAL Of CONTRACTOR ACCESS
                        TO TSCA CONFIDENTIAL BUSINESS INFORMATION
 Requesting Official*
Signature
                                                               Date
 Title and Office
 Contractor and contract number (if modification)
 I. Brief description of contract, including purpose, scope, length, and other important details. (Continue on the
   back of this form if necessary.)
 II. What TSCA CBI will be required, and why' (Continue on back if necessary.)
 III. Will computer access to TSCA CBI be required by the contract' If so, explain why and to what extent on
    the back of this form.
  If you approve this request, this office will initiate procedures to ensure compliance with the "TSCA CBI
  Security Manual" and "Contractor Requirements for the Control and Security of TSCA Confidential Business
  Information."
•Must be Division Director (or equivalent) or above.
                                               Office Director for
                                               Toxic Substances
                                               Approved

                                               Date 	
e»A Form 7710-tS* (Mil
                                            37

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                            Appendix VIII
                        CONFIDENTIALITY AGREEMENT

                       FOR UNITED STATES EMPLOYEES

                      UPON TERMINATION OR TRANSFER
In  accordance  with my  official duties  as an  employee  of the  United
States/ I have had access to Confidential Business Information under the
Toxic  Substances  Control Act  (TSCA)   (15  U.S.C.   §  2601 et  seq.).   I
understand that TSCA  CBI may not  be  disclosed except  as  authorized by
TSCA or Agency regulations.

1 certify that  I  have returned  all  copies of any TSCA CBI in my pos-
session  to  the appropriate  document control  officer specified  in the
procedures  set forth  in the  TSCA  Confidential  Business  Information
Security Manual'

I agree that I will not remove any copies  of TSCA CBI from the premises
of  the  Agency  upon my termination or transfer.   I further agree  that I
will not disclose any TSCA  CBI  to any person  after my  termination or
transfer.

I understand that as an employee of the United States who has had access
to  TSCA CBI,  under section  14(d)  of TSCA  [15  U.S.C. § 2613  (d)]  I am
liable  for a possible fine of up to $5,000 and/or  imprisonment for up to
1 year  if I willfully disclose TSCA CBI to any person.

If  I am still employed by the  United  States,  I also  understand  that I
may be  subject to disciplinary action for violation of this agreement.

I am aware that I may be subject to criminal penalties under 18 U.S.C.
§ 1001  if I have  made any statement of material facts knowing that such
statement is false or if I willfully conceal any material fact.
Signature                              Date
Name                                   I.D. Number
                                   38

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                      Appendix IX

              (Actual  Size  8  1/2"   x  1V
                    Printed on  Heavy,
               Dark  Green Paper  Stock)
TSCA CONFIDENTIAL BUSINESS  INFORMATION
      DOES NOT CONTAIN NATIONAL SECURITY INFORMATION IE.O. 120651
DOCUMENT CONTROL OFFICER
DOCUMENT CONTROL NO
DATE RECEIVED
  The attacned document contains Confidential Business Information obtained under the Toxic
  Substances Control Act (TSCA. 15 U.S.C. 2601 etsitjj. TSCA Confidential Business Informa-
  tion may not be disclosed further or copied bv you except as authorized in the procedures set
  forth m th« TSCA CONFIDENTIAL BUSINESS INFORMATION SECURITY MANUAL.

  If you willfully disclose TSCA Confidential Business Information to any person not authorized
  to receive it, you may be liable under section ^A{d) of TSCA (15 U S.C. 2613(4) I for a possible
  fine up to $5,000 and/or imprisonment for up to one year. In addition, disclosure of TSCA
  Confidential Business Information or violation of the procedures cited above may suoiect you
  to disciplinary action with penalties ranging up to and including dismissal.

  Each person who is given access to this document must fill m the information below the first
  time that he/she has access.
                        SIGNATURE
                           DO NOT DETACH
                               39

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                                             Appendix  X

                                  (Actual  Size  8  1/2"  x  11")
          AUTHORIZATION FOR ACCESS TO TSCA CONFIDENTIAL BUSINESS INFORMATION (C8I)
  Full Name                  EPA ID Number  ,  Position           Office (Incl. Division)
  It is the responsibility of each Authorizing Official * to ensure that employees unaef his/her supervision who require
  access to TSCA CBI:
  1   Complete the required investigative forms! prior to access to TSCA CSI
  2.  Sign the Confidentiality Agreement for EPA Employees
  3   Are fully informed regarding their security responsibilities for TSCA CBI
  4   Obtain access only to that TSCA CBI required to perform their official duties.
      Signature of Authorizing Official                              Date
      Title                                                       Location
  II                                   APPOINTMENT OF DCOS/OCAS

  If employee is being appointed DCO/DCA, authorizing official (Division Director at Headquarters  Regional Admin-
  istrator or Laboratory Director in the fielol must sign this section
                                                                Signature'Titie
  III                      CONFIDENTIALITY AGREEMENT FOR EPA EMPLOYEES

  I  understand  that  I will  have  access to certain Confidential Business  Information  remitted  under  the  Toxic
  Substance Control Act (TSCA,  15, U S.C. 2601 nr sea I  This access has been granted 'n accordance with my official
  duties as an employee of the Environmental Protection Agency

  I  understand that TSCA CBI may not be disclosed except as authorized  by TSCA and Agency regulations  I under
  stand that under sections  14(dl of TSCA [15 U.S C. 2613(dll I  am liable for a possible fine of up to 35,000 and/or
  imprisonment for up to  one year if I willfully disclose TSCA CBI to any person not authorized to receive it. In
  addition, I understand that I may be subject to disciplinary action for  violation of this agreement with penalties
  ranging up to and including dismissal.

  I  agree  that I  wilf treat any TSCA CBI furnished to me as confidential and that  I will follow the procedures set forth
  m the TSCA Confident/a/ Business Information Security Manual.

  I  have read ana understand the procedures.
      Signature                                                   Date
   IV. I certify that all necessary investigative forms* have been completed and forwarded to the Headquarters Security
   a, -»«»u
   Branch
   Local DCO/DCA                   Signature                     Date               Phone
  'Must be Division Director (or equivalent) or above.
  tSee revised Procedure for Becoming Authorized for Access to TSCA CBI
  : For employees described in section  I G  under "exceptions" and those who require administrative full-field invests
  gations

EPA Form 7710-47 (9-81)
                                                      40

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                                                Appendix Xa
REQUEST FOR APPROVAL OF TEMPORARY EMPLOYEE
FOR ACCESS TO TSCA CBI
DIVISION DIRECTOR
NAME OF EMPLOYEE
PROGRAM OFFICE

TELEPHONE NUMBER
DATE OF REQUEST
MAIL CODE
POSITION OCCUPIED
   The above named employee requires access to TSCA Confidential Business Information to perform his/her assigned duties.
   The individual falls into a category which requires approval of the Chief, Information Control Branch, prior to access being
   granted, and is also required to submit to the Security Branch the forms required to initiate a NACI Investigation: SF-171,
   Personal Qualifications Statement: SF-85, Date for Nonsensitive or Noncritical-Sensitive Position; and SF-87, United States
   Civil Service Commission Fingerprint Chart.
   I authorize the above named employee to have access to TSCA CBI, contingent upon their submitting the appropriate forms
   to the Security Branch and subsequently submitting the usual TSCA Access Authorization Form through the normal channels.
   SIGNATURE CHIEF, INFORMATION CONTROL BRANCH
                                                                                            DATE
   I certify that the above named employee has submitted the necessary investigative forms to the Security Branch and has been
   fingerprinted.
   SIGNATURE SECURITY BRANCH REPRESENTATIVE
                                                                                            DATE
                                                 RETURN TO
   Return this completed form to the Program Office Division Director, with a copy to the Chief, Information Control Branch.
   Security Branch should also retain a copy.
EPA Form 7710-46 (9/81)
                                                         41

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                                 Appendix XI
LOAN RECEIPT FOR
TSCA CONFIDENTIAL BUSINESS INFORMATION
1 acknowledge receipt of TSCA Confidential Business Information Document(s) listed below:
1a DOCUMENT CONTROL NO.
2a. DOCUMENT CONTROL NO.
3a DOCUMENT CONTROL NO
4a. DOCUMENT CONTROL NO
5a. DOCUMENT CONTROL NO
1b. COPY NO.
2b COPY NO.
3b. COPY NO.
4b COPY NO.
5b. COPY NO
6a. DOCUMENT CONTROL NO.
7a. DOCUMENT CONTROL NO
8a. DOCUMENT CONTROL NO.
9a. DOCUMENT CONTROL NO
lOa. DOCUMENT CONTROL NO.
6b. COPY NO.
7b. COPY NO.
8b. COPY NO
9b. COPY NO.
lOb. COPY NO
I understand that 1 am responsible for protecting these data in accordance with the TSCA Confidential Business Information
Security Manual. Also that 1 am liable for a fine of up to $5,000 and /or imprisonment up to 1 year if I willfully disclose it to any
unauthorized person. I may also be subject to disciplinary action up to and including dismissal for any violation of procedures
for safeguarding these data.
NAME OF RECIPIENT
NAME OF LOANER
SIGNATURE OF RECIPIENT
DATE DOCUMENT(S) RECEIVED
EPA Form 7710-14 (Rev 9/81)
                                        42

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                           Appendix XII
                      (Actual Size 8  1/2" x 11")
TSCA CONFIDENTIAL BUSINESS INFORMATION
MEETING SIGN-IN SHEET
DATE
MEETING PLACE (Room. Building, City, State}
TIME
CHAIRPERSON
SUBJECT OF MEETING
NAME (Print 1






















SIGNATURE






















OFFICE/DIVISION/BRANCH






















EPA ID NO






















THIS SIGN-IN SHEET MUST BE GIVEN TO THE APPROPRIATE DCO/DCA
EPA Form 7710-44 (9/811
                                  43

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                                   Index
AA/OPTS, Responsibilities of 	      7
Access, Defined  	      4
Access, How To Gain	     13
ADP Application Security Plan
     Defined	      4
     Discussed	     22
Authorized Access List 	      3
Authorized Computer Facility, Defined  ...... 	      4
Authorized Person, Defined 	      4

Backup Capability	     25

Chief, Information Control Branch,
     Responsibilities of	      9
Chief, Security Branch, FSSD,
     Responsibilities of 	      9
Classification of EPA-Generated Documents  	     18
Combinations 	 ........     14
Computer Center Security Plan
     Defined ..... 	      4
     Discussed	     19
Computer Center Security Requirements  	     19
Computer DCO, Defined  	      4
Computer DCOs, Responsibilities of 	     10
Computer Direct-Access Authorization, Defined  	      4
Confidential Business Information, Defined ...  	      4
Contractor Security Requirements 	      6
Corrective Actions
     Discussed	     29
     Formal	     30
     Informal	     29
     Reassignment	     30
Cover Sheet, Retaining	     18

DAA/OTS, Responsibilities of	 . '.	      7
Department of Justice, Exemption for 	     28
Destruction	     18
Director, MIDSD, Responsibilities of 	  .... 	      8
Disciplinary Actions
     Formal	     30
     Informal	     29
Division Directors, Responsibilities of  	      8
Document, Defined  	      5
Document Control Assistant, Defined  	      5
Document Control Assistants, Responsibilities of  . 	     11
Document Control Number, Defined 	       5
Document Control Officer, Defined  	       5
Document Control Officers Approved For Computer Access,
     Responsibilities of	     10


                                   45

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                               Index (cont.)
Document Control Officers, Responsibilities of 	 .....      9
Document Storage Rooms 	     13
Documents
     Lost	     16
     Generating and Classifying  	     18
     Retiring of	     18

Electronic Transmission	15,  24
Employee, Defined  	 ...     15
Employees, EPA, Responsibilities of  	     11

Federal Agency, Defined  	      5
Forms, for Implementing Procedures .. 	 ...      6

Generated Documents	     18

Hardware Requirements, Computers 	     21

Information, Defined 	      5
Interagency Agreements 	     28
Investigations, Administrative, Full Field 	 .....      4
Investigations, Background (NACI)  	 ...      3

Logging Procedures	      9
Logs, Retaining	     18
Lost Documents	     16

Mail, Incoming	     15
Media
     Disposal of	     24
     Handling	     24
     Labeling	     24
     Transmittal of	     24
Meetings	     16

Notes	     16

Office  of the Inspector General, Responsibilities of  	      7

Penalties
     Administrative  . 	      2
     Criminal	      2
Photographs	     18
Policy, EPA's CBI  	       1

Reassignment	     32
Recovery  Capability  	     25
Registered Mail  .........  	  ..     15
Regulations, Applicable to TSCA CBI   	       1


                                   46

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                               Index (cont.)
Reproduction 	  .....  	     17
Retaining Logs	•	     18
Retiring of Documents	     18

Safeguards During Use of TSCA CBI	     14
Secretarial Procedures  	     14
Secure Facility, Defined 	      5
Secure Room, Defined 	      5
Security Procedures, EPA, Individual  Offices 	      6
Security Representative, Defined  	  .  	      5
Security Representatives, Responsibilities of  	     11
Security Requirements
     Contractor  	      6
     Other Federal Agencies  	     27
Software System Design  	     19
Statutes, Applicable to TSCA CBI	      1
Storage at EPA	     13
Storage, Off-Site  	     25
Storage when Traveling  	     14
Submitter Representative, Defined   	  .  	      5

Telephone Calls  	     15
Transmission, Electronic 	 15, 24
Transmittal
     Outside an EPA Facility	     17
     Within an EPA Facility	     17
Travel	     14
Typing Procedures  	     14

Violations
     Defined 	      5
     Other Federal Agencies  	     29
     Suggested Penalties ....  	     31
     Treatment of	      1
                                                          •U.S. GOVERNMENT PRINTING OFFICE 341-082/256
                                   47

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    I     UNITED STATES ENVIRONMENTAL PROTECTION

    *     ...          WASH.NGTON. D.C. 20460
                                                 PESTICIDES AKO TOXIC SUBSTANCES
 MEMORANDUM

 SUBJECT:   Changes to the TSCA  Confidential Business Information
            Security Manuals                        "''	':-

 FROM:       Don R. Clay, Director  &Z-~ /£-
            Off-ice :o£ Toxic Substances  (TS-792
                           V   * ,
 TO:         See "Distribution         - -. :     ,


 Several events have talcen placse which necessitate change's in the
 TSCA C3I Security Manuals,.  Attached is a complete";''Description -of
 all  such changes for both manuals,     -          "   '' -  :>-::"'  -
                        "•-                             >
 In the majority of cases, pen and  ink changes It o .the, manuals will
 be all that is required.  However,  significant .aJiahge'S, In the
 inspection responsibility and the  responsibility "to conduct the
 initial inquiry into security violations  have been, .agreed to by
 the  Inspector General and myself.   Please ensure' t3iat these
 Important changes are clearly, indicated in al.1"^ .cpp.'i'es" .of the
 security manuals within "your area  of responsibility; ;by replacing
 appropriate paragraphs where required and"that they are.   •'
 understood by all those having  access- to  TSCA ,CBI material.

 If you have any questions, please  contact Larry Swalls", Security
 Officer, Management Support Division, at  382-3587.       Tv

.Attachments
 Distribution:                    -•''

 Office of the Administrator    /,'   .   ,  -
 Office of the General Counsel,  ,;'  ,
 Office of the AA, OPTS           ';
 Office of the Director, OPP
 All OTS Branch Chiefs
 All EPA Document Control Officers
 EPA Contracting Office
 All Contractor Document Control Officers

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                                                                             r'."is:
                     hr.
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                                        ^   ••'*o.?'::;•.,'?-;,  V,..' c--s'-

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 CONTRACTOR REQUIREMENTS FOR THE CONTROL AND SECURITY OP TSCA CBI

 *1.   Change all references to Deputy /Assistant Administrator for
 Toxic Substances to Director^ Office of Toxic Substances
 throughout the  manual.

 *2.   Change all references to DAA/OTS to OD/OTS throughout the
 manual

 *3.   Page  VII:  Delete DAA/OTS Deputy Assistant Administrator for
 Toxic Substances.   On the same page after lilDSD insert OD/OTS
 Director,  Office of Toxic Substances

 *4.   Page  2,  Section D, line 4:   Delete PIG and

 5.   Page 2 Section E:  The first paragraph is changed to read:
 In those cases  of  violations of contract security provisions
 where there is  no  evidence of a criminal violation,  the Chief,
 ICB,  shall investigate  and report the results of the
 investigation to the OD/OTS, CMD, and OGC.  The OD/OTS shall, in
 conjunction with CMD and OGC, initiate appropriate action under
 the  terms  of the contract and in accordance with 40  CFR Part 2.

      The second paragraph is changed to read:  Upon  receipt of
 any  allegation  that a contractor or contractor employee has
 committed  a criminal violation in the handling of TSCA CBI, the
 OIG  shall  initiate an investigation.

      Paragraphs three and four are unchanged.

 6.   Page 6, Section E.   Office of the Inspector General.  Delete
 first paragraph and first three subparagraphs.   Do not delete the
 words Personnel from OIG;
      Leave the  fourth subparagraph and add the following
 subparagraph:   The EPA  OIG,  through authority conveyed- in the
 Inspector  General  Act,  shall have oversight responsibility for
 the  adequacy  of all methods, procedures and systems  established
 pursuant to those  provisions of the Toxic Substances Control Act
 that  pertain to the receipt, handling, storage,  and  disclosure of
 CBI.   To this end, the  OIG shall, at its request, have access to
-all  records that are available to the SPA Administrator, the
 OD/OTS, and the Chief,  ICB.

 *7.   Page  7,  first line:  Delete OIG and insert Chief, ICB.

 *8.   Page  7,  Section G, subparagraph 5,  Add the sentence:   One
 copy of this completed  form will be forwarded to the Chief, ICB.

 *9.   Page  7,  Section G, subparagraph 6,  Add the sentence:   One
 copy of this  completed  form will be forwarded to the Chief, ICB.

 *10.   Page 10,  paragraph 7,   Change OIG to ICB in both
 references.                              -.-•-.

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                           ,                          ..
                  >ric'*  fcK"*  v-?3''-f>  , f.  ftn.'.U jr.^1
^, V  »
                       7 T1,7 o'.. rr ** n i  i> ,*' -t T -
'~fl.fi  ."    V';,T *iJ.  t -;
                    •   S  '   •a,'ri"''  't! "^ **  ** - "'*" " fs•'"' {"• "*'"*?  -K "    ~l *•""    r **
                       s.v-5  r.l  r*>.V4,o':r.-   f?3-?-^*?o   •::•-*»  g-c-c-
                          -'
                                                              ">• r  »~^ ,

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*11.  Page 10, paragraph 8, Change PIG to ICB In both references.

*12.  Page 10, paragraph 9,  Line 1, Delete PIG and insert ICB
inspectors.  Same paragraph Line 3, after the word _lnform insert
the Chief,

*13.  Page 12, paragraph 3, subparagraph a, last sentence:
Change to read:  Any such room must be inspected and approved by
ICB prior to use.
      Page 13, last paragraph of Section 4, Line 1:  Delete PIG
and insert ICB.

*15.  Page 17, Section D, Line 3:  Delete EPA PIG upon request
and add Chief, ICB.

*l6.  Page 19, Section A, subparagraph 4, Line 1.  Delete PIG and
insert ICB.
     Subparagraph 9, Line 3:  Delete by PIG.
     Subparagraph 9, Line 4:  Delete PIG and insert ICB

*17.  Page 22, Lines 5 and 6:  Delete Inspector General and
insert Chief, ICB.

*18.  Page 27, Section A, subparagraph 2, last line:  Delete PIG
and insert ICB and PIG.

19.  Add the following as Section I, Chapter II:
     I.  Chief, Information Control Branch  (ICB)
         Chief, ICB, is  responsible for the inspection and review
of all contractors and offerors involved in the receipt,
handling, and storage of TSCA CBI.

         Personnel from  ICB:
          0  Review contractor/offerer security plans.

          0 Inspect contractor facilities prior to the receipt of
TSCA CBI and on a periodic basis, but not less than once a year,
conduct announced and unannounced inspections of those facilities
to ensure compliance with security requirements.

          0  Review employee training programs as specified In
Chapter IV.

         0  Provide. written approval/disapproval of
contractor/offerer security plans and contractor facilities based
upon the review and inspection mentioned above.


*  Indicates that the changes In the manual may be made in pen
and ink.

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o


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           TSCA CONFIDENTIAL BUSINESS INFORMATION SECURITY MANUAL

*1.  Change all references to the Deputy Assistant Administrator
for Toxic Substances to Director, Office of Toxic Substances
throughout the manual.

*2.  Page IX:  Delete DAA/OTS  Deputy Assistant Administrator for
Toxic Substances and after NACI Add:  OD/OTS Director, Office of
Toxic Substances
*3.  Change all references to DAA/OTS to OD/OTS throughout the
manual.

4.  Page 1, Section C:  Delete subparagraphs 2, 4, 5,and 6 and
add the following subparagraphs:

      o  The EPA OIG, through authority conveyed in the Inspector
General Act, shall have oversight responsibility for the adequacy
of all methods/ procedures and systems established pursuant to
those provisions of the Toxic Substances Control Act that pertain
to the receipt, handling, storage and disclosure of CBI.

     o  To this end the OIG shall, at its request, have access to
all records that are available to the EPA Administrator, the
OD/OTS, and the Chief, ICB.

*5.  Page 8, Section E, line two: delete the OIG and insert ICB.
      Line five:  Delete the OIG and insert ICB

6.  Page 9, Section G.  Paragraphs 3 and 4 are changed to read as
follows:

     The Chief, ICB is responsible for conducting initial
inspections, when necessary, of Headquarters, Regional and
Laboratory facilities for compliance with security requirements
of this manual.  Based on this inspection the Chief, ICB, will
approve/disapprove those facilities for receipt and storage of
TSCA CBI.

     The Chief, ICB, is responsible for conducting reviews of
security procedures at other Federal agencies and inspecting
their security facilities, prior to transfer of any TSCA CBI, to
ensure compliance with the security provisions of lAGs.  Based on
this review and inspection, the Chief, ICB, will recommend
approval/disapproval of security procedures and facilities of
other Federal agencies to the AA/OPTS.

    Add the following paragraphs to this section:

     The Chief, ICB is responsible for conducting periodic
inspections, but not less than once a year, announced and
unannounced, of all EPA facilities which have been cleared for
the receipt, handling, and storage of TSCA CBI, to ensure
continued compliance with the provisions of this manuual.

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'• to «i \

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     The Chief/ ICB, is responsible for the investigation of
violations of these procedures when disclosure was improper but
not wrongful under TSCA Section I4(d)(l).  The Chief, ICB, will
furnish the results of-~t:he investigation to the OD/OTS for
remedial and/or disciplinary action.


*7. Page 21, line 4 of subparagraph 3, continued:  Delete the PIG
and insert ICB.

*8.  Page 25, Section C, subparagraph 4, line 5:  Delete EPA PIG
and insert the Chief, ICB.

*09.  Page 26, Section C, continued, line 4:  Delete PIG and
insert Chief, ICS.

       Line 8:  Delete OIG and insert Chief, ICB.
*  Indicates that the changes in the manual may be made in pen
and ink.

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U.S. Environmental Protection Agency
Region V, Library                ,
230 South Dearborn Street  .>-"'
Chicago, Illinois  60604

-------