740R84102
    TSCA CONFIDENTIAL
  BUSINESS  INFORMATION
     SECURITY MANUAL

              OCTOBER, 1984
                  ^ U 3. Environmental Protection Agency
                    • Region V, Library
                    ^230 South Dearborn Street
                     hicago, Hiinois 60604
United States Environmental Protection Agency
        Washington, D.C. 20460

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                               TABLE OF CONTENTS
Glossary of Acronyms  	vi
Glossary              	vii
  I.  Introduction    	 1

      A.  Applicable Federal Statutes and Regulations	 1
      B.  Security Violations.	 1
      C.  Authorization for Access to TSCA CBI	 2
          1.  Requesting Authorization for Access to TSCA CBI	 2
          2.  Background Investigation and Related Forms	 3
          3.  Authorizing Contractors for Access to TSCA CBI	 3
          4.  Maintaining the Authorized Access List	 4

 II.  Responsibilities	 5

      A.  Assistant Administrator for Pesticides and Toxic Substances
          (AA/OPTS)   	 5
      B.  Director, Office of Toxic Substances (OD/OTS)	 5
      C.  Director, Information Management Division (IMD)	 5
      D.  Office of the Inspector General (OIG)	 5
      E.  Director, Office of Information Resource Management (OIRM)	 5
      F.  General Services Branch, Facilities Services and Support
          Division (GSB, FSSD)	 6
      G.  Division Directors	 6
      H.  Branch Chiefs	 6
      I.  Security, Information Management Division	 7
      J.  EPA Project Officers	8
      K.  Document Control Officers and Document Control Assistants	8
          1 .  Headquarters	8
                 (a)   Document Control Officer (DCO)  Specific Duties	8
                 (b)   Document Control Assistant (DCA)  Specific Duties... 9
                 (c)   DCO/DCA Joint Duties	 9
          2.  Regional & Laboratory DCO/DCAs	9
      L.  EPA Employees	10

III.  Procedures for  Handling TSCA Confidential  Business Information	11

      A.  Introduction	11
      B.  Forms  Required for Implementation of TSCA CBI Security
          Procedures   	11
      C.  Obtaining TSCA CBI Documents....	..12
      D.  Storage     	12
          1.  At EPA  Facility	12
                 (a)   Required Storage	12
                 (b)   Open Storage	13
                 (c)   Multiple User Container Storage	13
          2.  When  Traveling	13
                 (a)   Plane/Other Public Conveyance	13
                 (b)   Locked Trunk of Car	13
                 (c)   Hotel Safe	14

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Table of Contents (cont'd)

      E.  Safeguards During Use	14
          1.   Secretarial Procedures	14
          2.   Incoming Mail from Outside Firms	15
          3.   Telephone Calls	15
          4.   Meetings	..16
          5.   Lost or Unaccounted-for Documents	17
      F.  Transmittal 	17
          1 .   Within an EPA Facility	17
          2.   Outside an EPA Facility	17
      G.  Reproduction/Destruction	18
          1 .   Reproduction	18
          2.   Destruction	18
      H.  Photographs 	19
      I.  Retiring of Documents	19
      J.  Remote Terminals	19
      K.  Personal Computers (PCs)	20
          1.   Policy for Storage of TSCA CBI Data on PC Storage Media....20
                 (a)  Hard disks	20
                 (b)  Floppy disks	20
          2.   "Downloading" TSCA CBI data	20
          3.   Printing of TSCA CBI data on PC Printers	20
          4.   Use of TSCA CBI on a PC	21
      L.  Internally Produced Documents and Declassification of
            Hardcopy and Magnetic Media	21
          1.   Printout Declassification	21
          2.   Magnetic Tape Declassification and Transfer	21
          3.   Hardcopy Declassification	22
      M.  Retaining Logs	22
      N.  Drafts and Temporary internal Documents	23
      O.  Annual Inventory	23
      P.  Reconciliation of Documents	23
          1.   When DCOs Change	23
          2.   When a Contract Ends	24

 IV.  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.	27
      F.  On-site Access	..27
      G.  Violations  	27
                                      IV

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Table of Contents (cont'd)
Appendices.	28
      Appendix I
      Appendix II
      Appendix III
      Appendix IV
      Appendix V
      Appendix VI

      Appendix VII
      Appendix VIII
      Appendix IX
      Appendix X
      Appendix XI
      Appendix XII

      Appendix XIII

      Appendix XIV
      Appendix XV
      Appendix XVI
Excerpts from EPA Conduct & Discipline Manual
Inventory Log
User Sign Out Log
Destruction Log
Contractor/Subcontractor Sign Out Log
Federal Agency, Congress, and Federal Court
  Sign Out Log
Request for TSCA CBI Access Approval
Request for TSCA CBI Computer Access Approval
TSCA CBI Cover Sheet
Termination Agreement
Telephone Contact Report
TSCA Confidential Business Information
  Meeting Sign In Sheet
Federal Register Notice Example (Transfer
  of Data to Contractor)
Safe/Cabinet Security Check Sheet
Request for Approval of Contractor Access
  To TSCA Confidential
Business Information
Loan Receipt for TSCA Confidential
  Business Information
Index.
                                                   .48
                                      v

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                                Glossary  of Acronyms







AA/OPTS     Assistant Administrator for Pesticides  and  Toxic  Substances




ADP         Automated Data Processing




CBJ         Confidential Business  Information




CFR         Code of Federal Regulations




CIB         Chemical Information Branch




OD/OTS      Office Director for Toxic  Substances




DCA         Document Control Assistant




DCO         Document Control Officer




DMB         Data Management Branch




DOJ         Department of Justice




EPA         United States Environmental Protection  Agency




FSSD        Facilities and Support Services Division




GSB         General Services Branch




JAG         Interagency Agreement




IMD         Information Management Division




NACI        National Agency Check  and  Inquiries




OGC         Office of General Counsel




OIG         Office of the Inspector General




OIRM        Office of Information  Resources Management




OPTS        Office of Pesticides and Toxic  Substances




OTS         Office of Toxic Substances




TSCA        Toxic Substances Control Act
                                      VI

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                                      Glossary


General access is the ability and opportunity to  gain  knowledge of TSCA CBI in any
manner whatsoever including  computer  printouts.


The Authorized Access List is a compilation of the  names  of  all employees who have
been authorized for access to TSCA  CBI.   Included in  the  list are the employee's ID
number, organizational location, type of  access,  and  the  date of the last security
briefing attended.  The  list is updated and distrubuted on a monthly basis to all
Document Control Officers and Document Control Assistants for use in the protection
of TSCA CBI.

An Authorized Computer Facility is  an EPA or contractor's computer facility that
meets the Office of Toxic Substances  security standards and  that has been approved
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.

A Briefing is a meeting  at which instruction is given  regarding the use and
safeguarding of TSCA CBI.  Attendance on  an annual  basis  is  required for all
employees authorized by  the  Director, IMD for access  to TSCA CBI.

Computer Access is the ability to write and alter data from  an EPA computer system
or system established by a contractor which contains  TSCA CBI, and is only granted
to persons authorized for general access  to TSCA  CBI.

Confidential Business Information (CBI) is any information in any form received by
EPA from any person, firm, partnership, corporation, association, or local,  state,
or Federal agency, or foreign government,  which contains  trade secrets or commercial
or financial information, and which has been claimed as confidential by the person
submitting it, and which has not been determined  to be non-confidential under the
procedures in 40 CFR Part 2.

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

A Document Control Assistant (DCA) assists the Document Control Officer in
performing duties related to information  processing, document control,  and security.

A Document Control Number (DCN) is  the unique number assigned by a Document Control
Officer or Assistant,  or through computer-system  numbering to a document containing
TSCA CBI.

A Document Control Officer (DCOJ or Document Control Assistant (DCA) 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.


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The Document Tracking System (DTS) collects and stores general data and  tracks  the
circulation of document copies by: automatically assigning document control  numbers;
tracking the life cycle of documents, including number of copies made, distributed,
returned, and shredded; automatically calculating the completion dates of  certain
types of documents; validating data entries, analyzing document workload patterns
and document profiles; flagging "overdue" documents, and supporting on-line  updates
and retrieval of information.

An Employee is any person employed on a full-time or part-time basis  by  the  U.S.
Environmental Protection Agency, including EPA Administrative Law  Judges,  other
Federal Agencies, or contract firms.

A Federal Agency is any organization or entity comprised of  United States  officers
or employees excluding the Federal Courts and Congress.

A Secure Facility is a building or portion of a building  (room)  that  meets the
requirements of this Manual for handling TSCA CBI and has been approved  for  securing
TSCA CBI by the Director, IMD.

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

A Violation is the failure to comply with any provision  in these procedures, or
other Federal requirements governing the protection of TSCA  CBI, whether or  not such
failure  leads to actual unauthorized disclosure of  TSCA  CBI.
                                     VI IX

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                                I.   INTRODUCTION


The  Assistant  Administrator for  Pesticides and  Toxic  Substances  (AA/OPTS)  is
responsible  for  designing  and  implementing an  Agencywide security  program  to
control  the  receipt, handling,  and dissemination  of  TSCA  CBI.   Requirements
promulgated  under this  authority  supplement,  but  do  not  supersede,  general
Agency   regulations   pertaining  to   Freedom  of   Information  requests   and
confidentiality of business information set forth in  40 CFR  Part 2.

The  procedures in this  manual  prescribe standards and  establish responsibility
and  accountability  for  the  control  of  documents  and  computer systems  that
contain  Confidential  Business   Information  (CBI)   received   by   the   U.   S.
Environmental  Protection  Agency  (EPA)  under the  Toxic Substances  Control  Act
(TSCA) (15 U.S.C. § 2601 et seq.).

All  reasonable measures must be  taken  to prevent the  unauthorized disclosure of
TSCA  CBI.    EPA   employees  and  EPA contractor  employees are   prohibited  from
disclosing,  in  any  manner  or  to  any  extent  not   authorized  by  law  or  EPA
regulations,  the  TSCA CBI to which  they have access in  the course of performing
their  duties.   Employees  of  other  Federal agencies  are also  prohibited  from
disclosing  TSCA   CBI unless  authorized  by  law  and  by the   terms  of  their
agreement with EPA regarding TSCA CBI released to them.

A.   Applicable Federal Statutes  and Regulations

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

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

    o    40 CFR Part 2,  Confidentiality of Business Information.

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

B.   Security Violations

To operate a  security  system  successfully,  discipline  must  be  maintained among
employees.  Any  unauthorized disclosure  of  TSCA CBI may  subject an  employee  to
the  following criminal penalties under TSCA § 14(d) (1):

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

Chapter  5  and Appendix  C of the EPA  Conduct and Discipline Manual  deal  with
this  subject  in  depth.    All  employees,   and   especially supervisors,   should
become familiar  with  this publication.  Pertinent excerpts  from Chapter  5  and
Appendix C of the EPA Conduct and Discipline Manual are included in  Appendix  I.


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Corrective action, not mentioned in the EPA Conduct and Discipline Manual which
may  be  taken  by supervisors  at  the  Division  Director  level  and  above,  is
removal of  the  name  of  the  offending employee  from the  TSCA  CBI  Authorized
Access List.   Although  removal from the Authorized Access List  is an informal
sure, it is a serious step and should be used cautiously.   Additional penalties
may be assessed, including dismissal.  These procedures are outlined  in  the EPA
Conduct and Discipline Manual  [Chapter  5 and  Appendix C, Table of Offenses and
Penalties,  35(b)].    This step is  designed to  impress  upon  the  employee the
seriousness of his/her actions and to prevent further violations.

C.  Authorization for Access to TSCA CBI

     1.   Requesting Authorization for Access to TSCA CBI

To  receive  authorization  for  access  to  TSCA CBI,  the  forms listed  below must be
completed and returned to Security, IMD.

Federal Employees/Consultants

General Access:
    EPA Form  7740-6,  Request  for Authorized Access to TSCA CBI (Appendix VII)

Computer Access:
    EPA Form  7740-6,  Request  for Authorized Access to TSCA CBI
    EPA  Form  7740-7, Request for  TSCA CBI  Computer  Access Approval (Appendix
    VIII)

Summer Employees
    EPA Form  7740-6;  and  if applicable, EPA Form  7740-7; and
    Justification Memorandum  from  the Authorizing Official

Contractor  Employees
    EPA Form  7740-6;  and  if applicable, EPA Form  7740-7
    SF-86,  Security Investigation  Data for Sensitive Position,
     (original and 2 copies)
    SF-85A, National  Agency Check  Data for Nonsensitive  or Noncritical
      Position  (must  be typed)
    OPM 329a, Authority for Release of Information, and
    FD-258, Fingerprint Chart  (no  substitution)

All   forms  must be  fully   completed  and   signed   and  a  security  briefing
attended.   When the  briefing is  attended and  the  completed  forms received  by
Security, IMD,  the person may be authorized for  access  to  TSCA CBI, and his/her
name  placed on  the   Authorized  Access  List.   Security,  IMD, will  notify  the
appropriate DCO/DCA,  who  will in turn notify  the  employee. At EPA Headquarters
all forms must be received by  Security, IMD, before a briefing is attended.

Contractors employees must complete all required  forms and submit  them  to  their
DCO,  who  will review them  for accuracy and  completeness  and send them to  the
EPA  Project Officer.   The  EPA Project Officer  reviews  and initials the  forms
and  then  forwards them to  the Division Director who  signs EPA Form 7740-6  as
the authorizing  official. After  they are signed, the forms are transmitted  to
Security,  IMD.   All forms  must  be  received  by Security,  IMD,  before  the
security briefing may be  attended.
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Summer employees for a period of no more  than  4 months,  and  temporary employees
limited to 3 months, will  not  be  authorized for access  to TSCA  CBI  without  the
written authorization of  the Director,  IMD.   Division Directors or  above must
submit to  the  Director,  IMD,  a  memorandum of  justification with the EPA Form
7740-6, Request for TSCA  CBI Access Approval,  explaining in detail  why  access
is  required.    Access  must  be approved  by  the  Director,  IMD, prior  to  the
employee's gaining access to TSCA CBI.

    2.  Background Investigation and Related Forms

All  employees   who  will  have  access  to  TSCA CBI  are  required  to  undergo  a
background investigation.  All Federal  employees  with  permanent  appointments or
temporary  appointments  of 700 hours  or more must complete  investigation forms
at  the time  they begin  employment,  and  a  National Agency  Check and Inquiries
(NACI) investigation is immediately initiated.

If  an  investigation   reveals  information  that  reflects  adversely   on   an
employee's  suitability or  trustworthiness  to handle  TSCA  CCI,  OIG/Personnel
Security  will  conduct an  interview with  the  subject  of the investigation  to
afford   the  individual   the  opportunity  to  explain,   refute,  or  mitigate
actionable  security/suitability  information  developed  in  the   investigation.
OIG refers the  results of  the  investigation and the  interview to Security,  IMD,
and   when  warranted,    to  the   employee's  supervisor  for  a   suitability
determination.

    3.  Authorizing Contractors for Access  to  TSCA CBI

When  a contract work statement and EPA Form 1900-8,  Procurment Request/Order,
are  completed   prior  to  the awarding  of  a  contract,  or  modification  of  an
existing  contract,  the  EPA  Project  Officer must  complete  and insert  in  the
package  EPA  Form  7710-15a,  Request  for  Approval  of  Contract  Access to TSCA
Confidential  Business  Information   (Appendix  XV),   for the   contract  being
considered.   The  contract  package  must  be  sent  to  the  Director,  IMD,   for
concurrence prior to being forwarded to the OD/OTS for  final approval.

Section 14(a)(2) of TSCA provides  the authority for  EPA to release TSCA CBI  "to
contractors with the United  States  and  employees  of such contractors  if  in  the
opinion of the  Administrator such disclosure is necessary for the satisfactory
performance by  the  contractor  of  a contract with the United States....for  the
performance of  work  in  connection with  [TSCA]..." EPA  regulations require that
EPA notify TSCA CBI submitters either  by  publishing a Federal  Register  notice
(Appendix  XIII)  stating  that a  contractor  will  have access  to  TSCA   CBI
submitted to EPA or  through  letters to  the affected submitters  not  less  than  5
days before providing access.

It is  the  responsibility  of  the EPA  Project  Officer for the contract who will
receive TSCA CBI to prepare the Federal Register notice or letters.

The Project  Officer, after  preparing  the  Federal  Register  notice  or letters
will  have  the   document(s) signed by his/her  division  director and  concurred
upon  by  Security,   IMD,   the   Chemical  Information  Branch  (CIB),   IMD,   the
Director, IMD,   the  Office of  General  Counsel  (OGC),  and the Federal Register
Section,  OPTS,   and will have the  document(s)  signed by the Director,  Office of
Toxic   Substances.   Under  no circumstances  will TSCA  CBI be transferred  to an

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EPA contractor,  or  other Federal agency contractor,  before  a Federal Register
notice is published or notification letters are sent and the receiving facility
is inspected and approved by Security, IMD.

It is the responsibility of  the  Project  Officer  of the contract to ensure that
the Federal Register  notice  is published with sufficient  time allowed for  the
contractor's facility to be  inspected  for  on-site  storage  of TSCA CBI prior to
the contract  start date  and in conjunction  with other  facilities  within  the
same  region  in  which  that  facility  is  located.   The Project  Officer should
contact Security, IMD, upon  awarding  of  the contract to ensure that sufficient
lead time for the inspection is provided.

Security  procedures  for  contractors  and   subcontractors  are  contained  in a
separate manual, 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.

    4.  Maintaining the Authorized Access List

The  Authorized  Access  List must  be  kept  current.    By  the  20th  day of  each
month,  every DCO/DCA  in  the Federal  government  and contractors' offices  will
send  to Security,   IMD,  an  updated copy of the  Authorized  Access  List showing
changes  for  their  organization.  A revised  TSCA  CBI  Authorized Access  List will
be  distributed  by  Security,  IMD  (by the  fifth day of the  next: month)  to Federal
government  and  contractor offices  handling  TSCA  CBI  information.   Copies  of the
list  showing  only  the names of Federal government employees  are  distributed to
SPA  contractors and  their  subcontractors  requiring  the  use of TSCA  CBI.   The
names of  contractor employees  will not be  released to other  contractors.

When  an  employee  who  has  had  access to  TSCA  CBI  terminates employment,  no
longer  requires access,  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   must  sign   EPA  Form   7710-17,
Confidentiality Agreement  for  United  States  Employees  Upon  Termination  or
Transfer (Appendix X) .   A  copy  of this agreement  will be kept on  file  by the
local  DCO/DCA  for  5  years; the  original   will  be  forwarded  to  Security,  IMD.
The   local  DCO/DCA will  immediately  delete  the  terminated  or  transferred
employee's  name from  the TSCA CBI Authorized Access List and will  ensure that
this  deletion  is reflected  in  the  next monthly update sent to Security,  IMD.
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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  the  procedures
contained herein.

B.  Director, Office of "toxic Substances  (OD/OTS)

The  OD/OTS  is responsible  for  ensuring  that the  Office of  Toxic  Substances,
other  EPA  Program Offices,  Regional and  Laboratory  facilities,  other  Federal
agencies,  and  contractor  firms  comply  with  the  policies,  procedures  and
directives contained herein.

C.  Director, Information Management Division (IMD)

The  Director,  IMD, is  responsible  for developing  new policies  and  procedures
for  managing  TSCA CBI;  approving contractors and subcontractors  for  access to
TSCA  CBI;  approving Computer Center  Security Plans  for any  computer facility
that  will  receive TSCA CBI; approving  ADP Application  Security  Plans prepared
by  software   development  managers;  and  approving   the  Headquarters  DCO  and
computer DCOs and DCAs.

0.  Office of the  Inspector General  (OIG)

The OIG  is responsible  for oversight of  TSCA CBI  operations,  and for  conducting
audits  and  investigations   as   it   deems appropriate.    To   carry  out  these
responsibilities,  personnel   from   the   OIG  investigate  cases  of  alleged
intentional or actual wrongful disclosure  of TSCA CBI.   Disclosures  believed to
have  been  knowingly  and willfully  made  will be  referred to  the  Department of
Justice,  as  appropriate.    The   OIG  investigates  cases of  alleged   or  actual
wrongful  disclosures  of  TSCA  CBI  in  connection  with   interagency  agreements
(lAGs) developed  under  Chapter  IV of  this manual.    Personnel  from the  OIG are
authorized access  to  all records that are  available to the  EPA Administrator
and  the  OD/OTS  after  all  requirements  for  access  to TSCA  CBI have  been met.
The  OIG's  Office  of  Management  and  Technical  Assessment  is responsible  for
ensuring  that  National Agency  Checks and  Inquiries   (NACIs)  are conducted on
federal employees, as  appropriate.

E.  Director, Office of Information Resources Management (OIRM)

The  Director  of  the   Office  of  Information  Resources  Management,   Research
Triangle  Park,   NC,  will,  upon  request,  assist  Security,   IMD,  in  reviewing
Computer Center  Security  Plans  as specified  in OTS Computer  Center guidelines;
review and comment on ADP Application  Security Plans; and recommend  approval or
disapproval  to  the  Director,  IMD  and  assist   Security,  IMD,  in  conducting
inspections of computer facilities for compliance with security requirements.
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F.  General  Services Branch,  Facilities and  Support Services  Division  (GSB,
    PSSD)

The General  Services Branch is responsible  for  assisting OPTS in establishing
appropriate written  physical security  standards for EPA  facilities  to comply
with the requirements  of this manual and for  assisting  OPTS in inspecting EPA
facilities   to  ensure   that  they  comply   with  these  established  security
standards.

G.  Division Directors

Division Directors are  responsible for  the  implementation of the requirements
outlined in  this  manual within  their  Divisions.   EPA  Headquarters Division
Directors  may appoint,  in  writing,  DCAs;   however,  in  Regional  Offices and
Laboratories, this responsibility may not be  delegated  to  a  level lower than
Deputy Regional Administrator or Laboratory Director.

Division Directors are also responsible for requesting TSCA  CBI access approval
for their employees  and  contractor employees.  Access may be authorized only on
a need-to-know basis and only  for that TSCA  CBI  required to complete program
responsibilities.   Division Directors must  request  that  Security,  IMD, remove
names  of their employees who no longer require access.

Division Directors must  ensure  that authorized persons  participate in required
annual security  training and educational  programs,  regarding  the  handling of
TSCA CBI; must take  appropriate disciplinary action  when any employee fails to
comply with  the  procedures set forth  in this manual and notify the Director,
IMD, of  violations and  any disciplinary action  taken; must refer cases to the
OIG, through the Director,  IMD, when there is an alleged wrongful disclosure of
TSCA CBI; and must approve  all  requests for  TSCA CBI that involve the movement
of documents outside  an EPA facility.

H.  Branch Chiefs

Branch Chiefs  are responsible  for the  implementation of  the  requirements set
forth   in this  manual and  for ensuring that  their employees  adhere  to the
procedures  for handling  and protecting  TSCA  CBI, which  includes proper storage
and marking of all records containing   TSCA  CBI,  such  as temporary documents,
working papers, and  activity  logs  maintained in  the  Branch.  Branch Chiefs, or
their   designees,  are responsible  for  reviewing documents  produced within the
Branch in their final form  when there is a question as to whether the documents
contain TSCA CBI.  Similarly, the  sanitizing of staff-produced documents is the
responsibility of Branch Chiefs or their designees.

Branch Chiefs will ensure that  their employees are properly approved for access
to TSCA CBI, prior to use of TSCA CBI material.

Branch Chiefs shall  also provide  a quarterly  TSCA CBI  security discussion, in
addition to the  annual  slide  presentation,  to their  employees  to  ensure  a
thorough understanding  by  all employees  of  the  security  requirements and
procedures.   Branch   Chiefs will  ensure  that all of their personnel  who are
authorized  for TSCA  CBI  access  maintain a "current  status"  with regard to the
annual TSCA  CBI  security briefing requirement.  The  date of the last briefing
attended by each person  appears on the  monthly TSCA  CBI  Authorized Access List
distributed by Security, IMD, to all DCOs/DCAs.


                                     -6-

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Branch Chiefs  will  oversee  responsible  Contract Project Officers to ensure that
contractor  employees  having access  to  TSCA  CBI for  the  support of  Branch
activities  follow the procedures  contained in the contractor Requirements for
the  Control and  Security  of TSCA  Confidential  Business Information  manual.
This  includes  review  and  concurrence  of  EPA   Form,  7710-15a,  Request  for
Approval  of   Contract  Access   to  TSCA   Confidential  Business  Information,
(Appendix XV),  prior  to  inclusion in  the  extramural package prepared  for the
awarding or modification  of a contract.  The Branch  Chief  will  ensure  that all
TSCA  CBI  documents  forwarded to,  or produced  by,  contractors  are  returned to
the Agency  or  destroyed  at the  end of their  contract.   The  Branch  Chief will
certify,  in writing,  to  the Director,  IMD,  that  this  has  been accomplished.
Branch Chiefs  will  ensure  that the  Director,  IMD, is notified,  in  writing,  of
all other TSCA CBI  procedural violations  or suspected instances  of unauthorized
disclosure  of  TSCA  CBI.   Branch Chiefs  will also  ensure  that  the Director, IMD,
is notified in writing of any credible derogatory  information that  is  reported
to them  which  could adversely affect an  employee's  reliability or  suitability
to handle TSCA  CBI.

I.  Security,  Information Management Division  (IMD)

Security, IMD,  is responsible for  recommending EPA policy in security  matters
within che  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 che  control  and  security of
TSCA CSI.

Security, IMD,  maintains current  lists of  all DCOs and  DCAs and  all  persons
authorized  for  general and  computer access to TSCA CBI.  The  Authorized  Access
list is distributed monthly by Security,  IMD,  to  all  offices  requiring approval
for access  to TSCA CBI.

Security, IMD,  is responsible for  conducting initial and annual inspections  of
Headquarters,   Regional Offices, Laboratory,  and  contractor  and  subcontractor
facilities  for  compliance with the  security requirements of this manual  and the
Contractor  Requirements  for the  Control  and  Security of  TSCA Confidential
Business Information  manual.  Based on these  inspections,  Security, IMD,  will
recommend approval  or  disapproval  of these  facilities  for receipt  and  storage
of TSCA  CBI, and,  when appropriate, make  recommendations  for changes to  their
procedures.

Security, IMD,  is responsible for  conducting reviews of security procedures  at
other Federal agencies and  inspecting their facilities prior  to  transfer of any
TSCA  CBI  to ensure  compliance  with  the  security  standards  set forth in  this
manual.   Based on  the  review  and  inspection,  Security,   IMD,  will recommend
approval or disapproval  of  security procedures and facilities of  other  Federal
agencies to  the OD/OTS through the Director, IMD.

Security,  IMD, is  responsible  for  the   investigation  of  alleged   procedural
violations.   Security, IMD, will  furnish  the  results of  the investigation  to
the Director,   IMD,   for  remedial  and/or  disciplinary action.   Security,   IMD,
will expeditiously  refer to  the OIG all  allegations involving  criminal  wrong
doing  and  will  not  be  conducting criminal   investigations  concerning  EPA
matters.

                                     -7-

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J.  EPA PROJECT OFFICERS

EPA Project Officers  are  the principal link between the  EPA  program office and
contractor personnel.   Specifically,  their  duties  include:  completion  of EPA
Form, 7710-15a,  Request for Approval of Contractor Access  to TSCA Confidential
Business  Information,  (Appendix XV),  for inclusion  in the  extramural  package
prepared for the awarding or modification of a contract;  preparation of  the
Federal  Register notice  regarding  transfer of  TSCA  CBI  to  a  contractor  or
subcontractor;   and   review  of   authorized   access   forms   for   contractor
employees.  The  Project Officer must notify  Security,  IMD,  upon awarding of the
contract since  inspection of the  contractor facility must be  completed before
any transfer of  data  may  occur.  When a  contract  ends,  the  Project Officer must
verify  that  all TSCA  CBI documents are accounted  for  and that  all user logs,
destruction logs, and green cover  sheets are returned  to EPA Headquarters along
with the TSCA CBI documents.

K.  Document Control  Officers and Document Control  Assistants

    1 .   Headquarters

         (a)  Document Control Officer Specific Duties

The TSCA Document Control Officer  and Document Control  Office  staff are a part
of  the  Chemical Information Branch,  Information  Management Division,  OTS.  The
DCO   is  responsible   for   the   receipt,   initial  processing,   reproduction
distribution,  control,   and  destruction  of  all  TSCA  Confidential  Business
Information  submissions  and  for   all  support   documents,   including  computer
printouts, produced both  internally and  outside  the Agency under TSCA.  The DCO
establishes and  maintains the official  TSCA CBI  files  for all submissions and
support documents.   All  documents  to be included  in these files must first be
assigned a Document Control Number  (DCN) which may only be assigned by the OTS
DCO staff.  This number is computer-generated at the  time  the DCO  staff enters
the document  into the OTS  Document Tracking System.   Any  numbers not assigned
by  the  DCO staff will be  considered invalid  and  may not be used for tracking or
identification purposes.

The  DCO  is  available  to  brief  Document  Control  Assistants   (DCAs) on  their
responsibilities, and to  assist them  in establishing  logs  and tracking systems
which  will  best  fit  their  needs  while remaining  in  compliance  with  the TSCA
Confidential   Business   Information  Security   manual   and   the   Contractor
Requirements  for  the  Control  and   Security  of  TSCA  Confidential  Business
Information manual.

The  reproduction of  any  documents  containing  a DCN  must be  done by  the DCO
staff,  who will log  the  copy  into the OTS  DTS,  and begin  document tracking by
assigning it to  the requestor.

The  destruction  of  any  documents containing a  DCN  must be  done by  the DCO
staff,  who  will make  the proper notation in the OTS  DTS and have  the document
shredded in accordance with the procedures  in  this  manual.    (III. G. 2)
                                      -8-

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The  DCO also  provides  document control  and  handling services  to those  EPA
offices which do not have a  DCA.  The  DCO  may  furnish  TSCA CBI  to other Federal
agencies,  in  accordance with  established procedures,  which are  authorized  by
the OD/OTS to receive the information.
         (b)  Document Control Assistant Specific Duties

Document Control  Assistants are appointed  to individual  offices as  the  need
arises  to   aid  in  the  control  and  handling  of  TSCA  CBI documents.    These
appointments,  made by the appropriate  Division Director and subject to  approval
by Security, IMD, are followed with a  briefing by the  DCO.

DCAs are responsible for the safeguarding of all TSCA  CBI  documents  logged  out
to their offices.  This  includes maintaining a log and tracking  all internally
produced documents, except working drafts, which are  to be circulated among  the
immediate  staff and outside the office  for  review  and  comments.   (If  these
documents  are   to  eventually become part of  the  official  file,  the  DCO will
assign the DCN  at the time the documents are delivered  to  the DCO staff.)

The reproduction and destruction of  internally produced documents  to which  the
DCA has  assigned  an  interim number for  tracking must be done by the DCA,  with
the proper notation in the DCA log.

         (c)  DCO/DCA Joint  Duties

The DCO and DCAs are responsible for  attaching the properly completed  EPA  Form
7710-6, green  TSCA CONFIDENTIAL BUSINESS  INFORMATION  cover sheet  to each  TSCA
CBI document  logged  into  their  offices.   The first  page,  last  page  and  each
page containing TSCA CBI of the document  must be  identified as  TSCA CBI.   All
TSCA CBI  logs   must'be marked  and treated as  TSCA  CBI.   Before  releasing  TSCA
CBI to anyone,  the DCO/DCA  must  verify that the recipient  is on  the Authorized
Access List and has proper secure facilities in which  to store the document.

A  receipt  log  must be  maintained to  ensure  that  any TSCA CBI  data  sent  via
cleared  courier,   US   Postal  Service,  Registered  or  Express  Mail  has been
received by the addressee.

The DCO/DCAs must maintain  a current  list of persons authorized  access  to  TSCA
CBI in their areas.  They are responsible  for  transmitting any staff changes  to
Security,  IMD,  by making   the  appropriate  notations  on  the  monthly  computer
printout supplied to  them by Security,  IMD.

    2.    Regional & Laboratory DCO/DCAs

In  the  Regional  Offices  or  Laboratories,   the  Document Control  Officer  is
appointed  by  the  Deputy Regional  Administrator or Laboratory  Director.  This
responsibility  may not  be  delegated  to  a  lower  level.   The  Regional   or
Laboratory DCO  is responsible for the  receipt,  initial  processing,  distribution
and  control of all  TSCA  CBI  received  by  his/her office including  computer
printouts  and   floppy  disks to  ensure compliance  with the  TSCA  Confidential
Business Information  Security Manual.

The DCO/DCA maintains  all  files  for TSCA  CBI  and  is  responsible  for assigning
document control numbers to  TSCA CBI  documents internally produced  or  received
from other offices which did not previously  have them  assigned, and establishes

                                     -9-

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logs and  tracking  systems  to ensure accountability  for all TSCA CBI  documents
received by the office.
The DCO/DCA conducts  annual  security briefings of all personnel authorized  for
access to TSCA CBI in his/her office and provides assistance in the  control  and
handling of TSCA CBI to maintain compliance with the TSCA Security Manual.

The DCO/DCA  is  responsible  for  the  completion  or  forms  required  to  request
access  to  TSCA  CBI  and is  responsible  for maintaining  the authorized  access
list for  the  office  and notifying Security, IMD,  of additions or deletions  by
the 20th day of each month.

L.  EPA Bnployees

EPA employees  are responsible  for  the  control and  security of  all  TSCA  CBI
received by them.  They may discuss TSCA CBI only with authorized personnel  and
safeguard TSCA CBI when it is in use, as specified in Chapter  III.E.  Employees
shall not discuss  TSCA CBI over the telephone  except as authorized by  Chapter
III.E.3.   When  working with  a submitter  representative,   EPA  employees must
verify  his/her  identity  before  discussing any  of  the  company's  previously
submitted TSCA CBI.

Employees who are  not  located  in  an  open storage area and  who have  TSCA CBI in
their possession must place it in approved storage containers  when it  is  not in
use  and at  the  close of  each  business  day.   (III.D.I.)   They must also
safeguard the  combinations  to  locks,  safes,  and rooms  in which TSCA  CBI  is
located.  Knowledge of  combinations  shall  be limited,  and  the combination will
be given only to those persons who are authorized for access to TSCA CBI  stored
therein.

Employees authorized   for  computer  access  are  responsible for  keeping  their
passwords confidential  and ensuring they  are  changed  frequently.   Failure  to
comply may result in having computer access revoked.

Employees must  immediately report any  alleged violation of  TSCA CBI Security
procedures to their immediate supervisor.
                                     -10-

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                          III.   PROCEDURES FOR HANDLING
                     TSCA CONFIDENTIAL BUSINESS INFORMATION
A.  Introduction

Under  Section  14  of  the  Toxic  Substances  Control  Act   (TSCA),  information
submitted to  EPA  may be  claimed as TSCA CBI whether  it is  in the form in which
it was  submitted  or it appears in internally  produced  documents such as memos,
notes,  drafts,  telephone  logs,   computer  printouts,  or  in  any other  form.
Information   claimed   as  confidential  must  be   protected  pursuant  to  the
procedures outlined below.

Any physical  form of  the  TSCA CBI must be entered  into the  Document Tracking
System  or TSCA  CBI inventory  log.    It must be  assigned a  document control
number,  be  stamped  "TSCA  Confidential  Business  Information....     Does  not
contain National  Security  Information (E.G. 12065)"  on  the  first and back page
of the  document  and each  page actually containing TSCA CBI,  and have a green
cover sheet,  EPA  Form  7710-6,  attached.  The green  cover sheet must contain the
name  of the  DCO,  the  document control number,  and the date  of receipt of the
original document.  Copies  of  documents must also bear  the  copy number, i.e.,  1
of 3, etc.

TSCA  CBI  may be  released, through  the DCO/DCA,  only  to persons  authorized
access  to TSCA CBI and having  a  "need to know"  the  contents  of the  documents.
When  an  authorized person obtains   TSCA  CBI,  he/she  shall  sign   the  green
document  cover   sheet  giving his/her  name,  identification  number  (Social
Security  number  or EPA badge  number)  and  the  date.  If a  person uses the same
TSCA  CBI document more than once,  it is only  necessary  for that person to sign
the cover sheet  the first  time the  document  is  logged  out.   Documents must be
charged  out  on   the  Document  Tracking System   or   logged  out  each  time  the
document is removed from the custody  of the DCO.

Within  EPA,   program offices,   Regional  offices, and Laboratories may develop
security  procedures  to meet their individual  needs.  Such  procedures must meet
the standards  contained  in  this TSCA  Confidential Business  Information Security
Manual  and must be approved by the Director, IMD.  If requested, Security, IMD,
staff will  advise and  assist offices  in developing  such procedures.   However,
this  policy does  not apply  to  computer security  procedures.  Individual offices
may not develop their own computer security procedures.

B.  Forms Required for Implementation of TSCA  CBI Security  Procedures

The  forms  required  for  the  implementation   of  these   procedures  include  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);  and 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  the   same  information
required in the basic OTS logs  contained in this  manual.
                                     -11-

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Other forms used in implementing these procedures are:

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

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

         o   Request for Authorized Access to TSCA CBI (Appendix VII).

         o   Request for TSCA CBI Computer Access Approval (Appendix VIII)

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

         o   Federal Register Notice  re:   Transfer of Confidential Information
             to a Contractor (Appendix XIII).

C.  Obtaining TSCA CBI Documents

Persons  authorized access  to  TSCA  CBI  may  obtain  a   TSCA CBI  document  by
requesting 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  approved storage  cabinet,  or  works  in  an
approved  open  shelf  storage  area,  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.   Certain permanent records  and  logs containing  TSCA  CBI  may be
exempted from the 90-day requirement and may be charged  out to an individual on
an indefinite basis by  the  DCO.   An annual inventory by  the  DCO is  required of
these records.

Persons authorized  for  computer  access to TSCA  CBI for   the  purpose  of reading
and modifying data  may  request  from the  Chief,  Data Management Branch the  use
of  terminals connected  to  the TSCA  CBI computer.   These terminals are located
in  secured  areas  and  have  encrypted telecommunication lines.    Access   for
computer use may also be verified through the TSCA  CBI Authorized Access  List.

D.  Storage

         1.  At EPA Facility

              (a)   Required  Storage

When  not  in  use and/or at the  close  of  each business  day, TSCA CBI must be
returned  to an  approved TSCA CBI  container.   Approved containers are  a  file
cabinet  with  a  bar lock and three-way changeable  lock,  or GSA approved  Class 6
security   container.     The   containers   must   have   an  EPA  Form  1480-12,
Safe/Cabinet    Security Check  Sheet  (Appendix  XIV),  to indicate  opening  and
closing  as well  as  when  checked.
                                      -12-

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              (b)  Open Storage

When justified  by  the  volume of TSCA CBI, and  the  continuous  daily use of TSCA
CBI, the  Director,  IMD,  may authorize "open shelf" document storage facilities
provided  they  are  inspected prior  to  use  by  Security,  IMD.   The  following
security devices must be installed and be operational:

         o    Changeable push-button door  lock,  or

         o    Electronic Card Entry System and

         o    Pin tumbler door lock, and

         o    Intrusion alarm.

Combinations  to containers  and/or  rooms  where  TSCA CBI is stored may  be issued
only to authorized  persons  with a need  to  review the TSCA CBI  file documents.
Combinations  must  be changed once a  year or each  time  a person who  knows  the
combination  terminates  or  transfers  employment,  or no longer requires  access.
Instructions  and  assistance for  changing the  combinations  are available  from
Security,   IMD,  and  the General  Services  Branch.   The appropriate   DCO  must  be
notified of  any changed combinations.  Security,  IMD,  should also  be notified
and will notify the  General  Services Branch who  will  enter the changes into  the
Agency's master system.

Employees  who are  issued electronic card entry identification badges  must  not
loan  their  card  to any  other  employee  to   gain  access  to  secured  areas.
Employees  having an  entry card  shall use  their  card each  time  they  enter a card
entry secured area.

              (c)  Multiple User Container Storage

When warranted,  a  bar  lock cabinet  with  multiple  drawers  may   be  used  by
individuals  to  maintain TSCA CBI  material.   Each  person using the cabinet  is
assigned space  in which  to  store TSCA CBI  in  their charge and are  responsible
for safeguarding any TSCA CBI they place in the  cabinet.

         2.  When 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 TSCA CBI material.   Employees  must keep  the  TSCA CBI  in  their
personal  possession  at all times.    TSCA  CBI  must  be  double   wrapped   in
accordance with procedures  outlined  in  III.  F. 2  prior  to  being  removed  from
the office.

              (a)  When traveling by plane or other public conveyance,  employees
                  must keep  TSCA CBI  in  their possession and  may not check  it
                  with their luggage.

              (b)  When an employee is traveling  with  TSCA CBI (including
                  samples)  and is unable  to deliver or ship  the TSCA  CBI  to  an
                  authorized facility, TSCA  CBI may  be stored  (for as  short  a
                  period as possible)  inside   the   locked  trunk  of   a  motor

                                     -13-

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                  vehicle.  A storage area  that allows  visual access,  such  as  a
                  hatchback, is not acceptable.

             (c)  TSCA CBI may be stored in hotel safes, but a receipt must
                  be obtained from the management.

E.  Safeguards During Use

TSCA CBI  must  be protected  at  all times.   When not  stored,  TSCA CBI must be
kept under  the constant  surveillance  of an  authorized person  who  is able to
maintain personal 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,  unless
being used in an approved open storage area.

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  XVI).   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 or  edit
documents  that contain TSCA  CBI.   At all  times  the typist must safeguard the
original,  all  "mag" cards, floppy  disks,  diskettes, or other  recording  media,
one-time  carbon  ribbons,  drafts,  scratch  paper, notes,  carbon  sets, and  any
other  materials  containing  TSCA  CBI.   The  typist must  sign  the green cover
sheet  when  obtaining  the  TSCA  CBI  from  the  originator  and  require   the
originator   to  sign  the  green  cover  sheet attached  to  the  completed  typed
document when  receiving the  TSCA CBI.   TSCA CBI may not be stored  on  hard disks
unless approved in  advance  by Security, IMD.

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.   If  the keyboard and printer  are separate  units,  both
must  be under  the  direct  control of  the  user.    If  the processing unit has
internal  storage  capability, the  memory  (fixed  disk  storage  utility) must  be
cleared  after  the  TSCA  CBI  is  typed.   Any machine  which contains  internal
memory  and is used to  type TSCA CBI must  be approved in writing by  Security,
IMD, prior to  use.

Whenever  it  is necessary  to stop typing before a  task is finished (at lunchtime
or  at  the end of  the  day,  for  example),  unless  working in  an approved  open
storage  area,  the typist  must take all materials  that  contain  TSCA  CBI  back to
the  author for safeguarding or  lock  them  up in  an  approved storage  container.
The  typist shall check to  be  sure that he/she has  left nothing on  the  desk or
in  the  typewriter,  word-processor, personal  computer, etc., that might  permit
the  inadvertent  unauthorized disclosure  of  TSCA CBI.  TSCA  CBI may never  be
stored  in a desk,  locked  or otherwise.   When  the  typing is completed,  the
typist  must sign the green  cover  sheet  and  take  the  original and  all other
materials, which  may  include scrap paper and discarded drafts, to the  author,


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who will  in turn take  them  to the DCO/DCA.   The  DCO/DCA will enter  the  final
version into the document control system and destroy all other materials.

Word processing disks  used  to type TSCA CBI must be dedicated only  to TSCA CBI
use  and  must  be   protected  as   TSCA CBI  and  secured  in  approved  storage
cabinets.  They may not be written over for non-CBI use.

When  disks  become  damaged  or worn  and  are  no  longer  usable,  they must  be
destroyed by shredding under  the supervision of a DCO/DCA.

         2.  Incoming Mail from Outside Firms

TSCA  CBI  should  be  transmitted  to  EPA  by  registered  mail,  return  receipt
requested,  in a double  envelope.   The  inner envelope  should  be addressed speci-
fically  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  appropriate DCO/DCA with-
out the  additional  wording.   Any incoming mail so  addressed  must be  immediately
taken  to  the  appropriate DCO/DCA.   TSCA  CBI  mailed to EPA  Headquarters should
be addressed as follows:

         Document Control Office
         Information Management Division
         Office of  Toxic Substances  (TS-793)
         Environmental Protection Agency
         401 M Street, S.W.
         Washington, D.C.  20460

TSCA   CBI  documents  should  be  clearly  marked  "TSCA  Confidential"  by  the
submitter on the first page of the document.

Employees are responsible  for safeguarding  any unlogged TSCA CBI  in  their pos-
session.   Any TSCA correspondence that  is  marked  "Confidential,"  "proprietary
information,"  "company  secret,"  etc.,  or otherwise  contains  a  request  for
confidential  treatment,  must be immediately  taken to the appropriate  DCO/DCA.
Also,   whenever  an  employee becomes  aware  that correspondence may contain TSCA
CBI, whether it has been properly  designated  or not,  the  employee must take it
immediately to  the  appropriate DCO/DCA.  If  the  DCO/DCA is not  available,  the
TSCA CBI must be secured, in  accordance with III.D., until he/she  is available.

         3.  Telephone Calls

TSCA CBI authorized EPA  employees  may  discuss  TSCA CBI over the  telephone with
other  persons  authorized   for  access to  TSCA  CBI.    Before   beginning  the
conversation,  the  EPA  employees  must verify,  by contacting  their  DCO/DCA  or
Security, IMD,  that the other person is  authorized  for  access  and must  also
indicate to the other party at what point in the conversation TSCA CBI  is  to be
discussed.

with the permission of the submitter representative and after verifying his/her
identity, authorized EPA employees may discuss TSCA CBI over the  telephone with
the submitter.   If  submitters  discuss TSCA CBI over  the telephone,  employees
shall advise them that the EPA phone lines are unsecured and that  discussion of
TSCA CBI is at the  discretion of the submitter.


                                     -15-

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With  the  permission   of   the   submitter  representative,   TSCA  CBI  may  be
transmitted electronically  between  EPA and a  submitter through communications
lines  (e.g.,   by  telecopier).    When  an EPA  employee  requests  additional
information over the telephone from a submitter, the EPA employee should inform
the submitter  that  the  additional information  discussed may be claimed as TSCA
CBI.  A telephone contact report  (Appendix XI)  should be filled out noting the
additional claim and placed  in  the  original document file.   The submitter must
also  confirm,  in  writing   to  the  DCO,   the  request  to  claim  any additional
information TSCA CBI.

         4.  Meetings

Before convening  any meeting,  symposium,  panel discussion,  or seminar at  which
TSCA  CBI will  be  discussed,  the chairperson will verify that all attendees are
authorized  for  access   using  the  monthly authorized access  list  and  shall
provide a  TSCA CBI  Meeting Sign-In  Sheet (Appendix  XII)  which all  attendees
must  sign.    The  chairperson  will  give  the  sign-in  sheet to  the  DCO for
inclusion in the original document  files.   This  sheet  will contain  the document
tracking system numbers  for  all TSCA  CBI  documents available at  the meeting.

When  copies  of  several documents  are distributed  at a meeting,  they  may be
incorporated  into one  package  and  the  package  numbered with  a  copy  control
number.   Each person  attending a  meeting of  this  type  will  sign the  meeting
sheet  and  indicate  on  the   sheet the copy number  of  the package  of TSCA CBI
documents  received  by  them.   The  meeting sheet  will also  have  the Document
Tracking  System  or  Document  Control  numbers  for  all  TSCA  CBI   documents
discussed  or   available at  the  meeting.   It  is  the  responsibility  of the
chairperson to retrieve all TSCA CBI documents and copies  distributed at the
meeting and  to  return   these  TSCA  CBI  copies  to  the DCO  for  destruction or
storage.  An attendee  cannot retain a document package; it must be  returned  to
the DCO and may then be  logged  out  to that person.   A  copy of  the meeting  sheet
will  be attached  to  the  master  file copy  of each document listed on the  meeting
sheet.  It is  not  necessary for the attendees to sign the green cover sheet of
each  TSCA  CBI  document  used in the  meeting; however,  the chairperson  will sign
the   green  cover   sheet  of  each   original  document  used,   indicating his
organization,  the meeting date, and add the statement  "see meeting  sheet."

No  recording,   audio or visual, is   to   be  made  of  the  meeting  unless  the
chairperson has authorized  it.   If  authorized,  the  recording  must  be  treated as
TSCA  CBI,  delivered to  the  DCO, and entered into the document control  system.

The  meeting  room shall be   cleared  of all TSCA CBI  after  the  meeting by  the
chairperson.   This  includes cleaning all chalkboards, destroying, by approved
methods (III.G.2),  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, at  a meeting,  or from
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.
                                     -16-

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         5.  Lost or Unaccounted-for Documents

When  a  TSCA  CBI document  is lost  or cannot  be accounted  for,  the  employee
discovering  the loss  must notify  his/her Section  Head,  who  will notify  the
Branch Chief  of the loss.   The  Branch Chief must  in turn notify the  Division
Director if  the loss  is  verified or  the  document  cannot be  located.    If  the
document  is   not found  or  accounted   for  within  2  working  days  after  such
discovery, the  Branch Chief  must notify,  in writing,  the  Director,  IMD.   An
investigation will be initiated by Security,  IMD.

P.  Transmittal

         1 .  Within an EPA Facility

Within an  EPA  facility,  TSCA CBI  must  be hand-delivered,  by one authorized
person  to another.    At  no time  may  TSCA CBI be  transmitted  through  the
interoffice mailing system.

         2.  Outside an EPA Facility

TSCA  CBI  transmitted  by mail  from EPA  must be sent registered mail,  return
receipt requested,  in  a  double envelope.   The  inner  envelope must  contain 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.

In emergency  situations,  when registered mail would  not meet  required  delivery
schedules, Express  Mail  of the U.S.  Postal Service,  return receipt requested,
or a  private  courier service, may be utilized.   If  a private  courier service is
used,  it  must  provide the  same  level  of  receipt   control  as registered  mail
(each person  handling  the document  must sign  for it).   A Division  Director must
provide the  DCO, IMD,  with  written approval for the use of  Express  Mail.   A
return receipt,  listing DCO's date  of  receipt and signature  of addressees,  must
be included inside the inner package or envelope.

Samples,  such as  those collected  during a  TSCA  inspection,  which are claimed to
be TSCA  CBI,  shall  be placed in a sealed package  or  container  and  the  seal
•narked  "TSCA  Confidential  Business  Information."    Such  samples  shall  be
delivered  or  shipped  as  soon  as  possible  to   the  appropriate  DCO/DCA.    If
immediate  shipping  or  delivery  is  not  possible,   as  when  an  employee  is
traveling,  the sample shall be safeguarded  as prescribed in III.D.2.

Authorized persons  may hand-carry TSCA CBI to  other EPA facilities or to  per-
sons  outside EPA, provided that the dispatching  DCO  maintains  a transfer  record
and  obtains  a  receipt  from  the  DCO/DCA  at the  facility  receiving   the
information.   TSCA CBI being hand-carried shall  be double-wrapped, as discussed
in III.F.2 above.

When circumstances warrant, and with the approval of  the Director,  IMD, special
arrangements   may be made  for transporting of   TSCA  CBI within a   local area,
e.g., the Washington, D.C., metropolitan area.
                                     -1 7-

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G.  Reproduction/Destruction

         1 .  Reproduction

TSCA  CBI  should only be  reproduced in a  secured TSCA  CBI  copy center.   When
equipment failure makes duplicating  in a secured  area  impossible,  copies may be
made  on a  non-CBI  machine,  provided that  the  room  is  first  cleared of  all
persons who are not authorized for access  to  TSCA CBI.   When  making copies  on a
non-CBI machine,  the  user must ensure that  all waste copies are  retrieved and
taken to a  DCO/DCA  for  destruction  and that the  machine is run  in a blank  mode
several times  to  ensure  that  the image surfaces of  the machine do  not retain
TSCA CBI and reproduce the data on subsequent copies.

If the  machine  breaks down  during use,  the user  must ensure  that  all copies of
the page  being duplicated  at the time of the breakdown  are removed  from  the
machine.   This may require  the  assistance of  a  duplicating machine operator.
If assistance  is  required,  the user  must  either  lock the  room or  have a person
authorized  for access  to  TSCA  CBI  in  attendance to  safeguard  any  TSCA  CBI
caught  in the  machine.   With the exception  of working paper and  draft copies,
the  DCO/DCA  shall  enter  all  copies  into  the   Document Tracking  System  or
inventory log for document control.

In certain  cases, additional copies,  including  the green cover sheet, of a  TSCA
CBI document  may be  made by the  DCO for use  at a  meeting  or  for  some other
reason.   In these instances the  date  and  a copy control  number will be placed
on each copy  of the document and a  blank  green TSCA CBI  cover sheet,  EPA  Form
7710-6, will be affixed to  the front of each  copy.  It  is  the responsibility of
the person  requesting these copies  to ensure that all copies are  retrieved and
returned to the DCO for destruction  within 30 days.

         2.  Destruction

TSCA  CBI  documents  may  be destroyed when  they are no  longer needed.  However,
destruction must be:

         a.  Under  the supervision of a DCO/DCA;

         b.  By shredding; and

         c.  Noted  in a destruction  log.

The DCO/DCA must  remove the green cover sheet,  EPA Form 7710-6,  make a notation
of the  destruction  date and the  name  of  the person who destroyed  the document
on  the cover  sheet  as   well  as  in the  destruction  log.   In  addition,   the
Inventory  Log, EPA Form 7710-10,   should also  show  the destruction of  the
document.

Regional  offices,  laboratories,  contractors,   and   program offices  located
outside the Office  of  Toxic  Substances  must maintain  the destruction  log and
green  cover sheets  in  order  that   all documents may  be  accounted  for  during
inventory or document reconciliation.
                                     -18-

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TSCA CBI  documents  destroyed within OTS  at EPA Headquarters must  be  destroyed
under  the  supervision of  the  DCO,  IMD,  who  will  remove the green  cover  sheet
for attachment  to the original document file and record  the  destruction  in the
destruction log and the inventory log.

The destruction  log and  green  cover sheets  provide  the last step  of  an  audit
trail  in  accounting for  all  TSCA CBI documents.   They must not be destroyed,
and  it is  essential  that they  be maintained in accordance  with  procedures
outlined above.

H.  Photographs

Whenever  it  is  necessary for an  EPA  employee to take  photographs  that contain
TSCA CBI,  such as during  a TSCA inspection, either an  "instant" camera must be
used or the  35 mm  film must  be processed by an authorized lab.   The  35mm CBI
film   is   supplied    by   and   processed   at   the   Environmental   Photographic
Interpretation Center  in  Warrenton,  VA.  Document Control  Officers  may request
up to  10  rolls  of  the film  (It may be stored  in  a  freezer until  needed)  from
the Center  and return it directly  to the  Center  for processing.    The exposed
film must  be mailed  in  accordance  with  procedures for transmitting TSCA  CBI.
Requests -nay be directed  to:

             Chief
             EPA, Environmental Photographic  Interpretation Center
             Vint Hill Farms
             Warrenton, VA  22186

I.  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 Chapter  3,  "Disposition  of  Records," of the  EPA Records
Management Manual.   Prior  to  shipment,   Regional and Field installations  will
notify  Security,  IMD, in  writing,  of their  intent  to retire documents to the
Federal Records Center.

J.  Remote Terminals

         1.  Terminals  used  as  input/output  devices  with print  capability
             remote from  the  TSCA CBI ADP  Facility will be located in secured
             areas.    These  areas  will  be  secured during non-duty hours using  a
             Group  I  combination lock  and will be   equipped with  an  approved
             intrusion alarm.

         2.  User terminals  without print  capability  must  also  be located  in
             secured  areas.   During  non-duty  hours,  the  area  will  also be
             secured using a Group I combination lock.

         3.  Unsupervised access  to terminal areas will be limited to persons
             with TSCA CBI computer access authorization.
                                     -19-

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         4.  Remote terminals and lines will be secured in one of the following
             methods:

             a.   In conduit from the terminal to the TSCA CBI Computer
                  Facility,  or

             b.   By means of encrypted telecommunication lines which have been
                  inspected prior to operation by Security,  IMD.

K.  Personal Computers (PCs)

Personal Computers  are  authorized for processing  of TSCA CBI  data  subject to
the following provisions.

    1.    Policy for Storage of TSCA CBI Data on PC Storage Media.

         a.  Hard disks

             If the PC is located in an approved secure area  (III. D.1.b.) TSCA
             CBI data may be temporarily stored on hard disk; however, the data
             should be cleared immediately after use.  If the PC is not located
             in an approved TSCA CBI area, TSCA CBI data may not be stored on a
             hard disk.

         b.  Floppy disks

             TSCA  CBI  may be  stored on color-coded  floppy  disks specifically
             approved for TSCA CBI use.   An  "approved"  floppy disk is one that
             is solid green and/or enclosed in a green jacket and is identified
             with a bar code  label or DCN.   At  EPA Headquarters, floppy disks
             for  TSCA  CBI  use  must  be  logged  out from the DCO,  IMD.   DCOs
             located outside of  OTS  may request TSCA CBI green disks from the
             DCO,  IMD.  The  floppy  disk  must remain under the personal control
             of  the  user,  and  he/she  will be   fully  responsible  for  the
             safeguarding  of the  disk as  TSCA  CBI  data.    A TSCA  CBI  green
             floppy disk  may not  be removed  from  an EPA facility.   When the
             green disks  are no longer  required or are damaged,  they will be
             returned to the DCO, IMD, for initialization (overwriting) and re-
             issue or destruction.

    2.   "Downloading" TSCA CBI data.

         a.  Downloading,  the  transfer of data from the  IBM  4341  mainframe  to  a
             PC,  will only  occur  to a  PC located in a  secured TSCA CBI  area
              (III.   D.1.b)   so  that   data  is   properly   encrypted   during
             transmission.

    3.   Printing of TSCA  CBI  Data  on PC Printers.

         a.  All  hardcopy  will be  printed on TSCA  CBI approved paper.   TSCA CBI
             computer paper can be obtained from the DCO, IMD,  or  the computer
             DCO  at Research Triangle Park,  NC.   All hardcopy obtained  from  a
             PC must  be   treated  as  TSCA  CBI  in  accordance  with  procedures
             outlined in  this  chapter for handling both  permanent and temporary
             TSCA CBI documents.   (III.  D.,  III. E.,  and  III.  N.)


                                      -20-

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    4.   Use of TSCA CBI on a PC

         a.  It  is  the  user's responsibility  to safeguard  TSCA  CBI  data  on
             terminal screens, hardcopy, etc., from unauthorized disclosure.

         b.  Once TSCA CBI data has been placed on the  PC,  the  user must  remain
             in control  of the  PC and printer.   If  the  user  must leave  the
             area, the TSCA CBI session must be properly  terminated.

         c.  At  the  termination  of  a session,  all  temporary files  on  hard
             disk must be  cleared.  Proper system log-off will be  verified  by
             the user.   The  floppy disk will be  removed from  the  machine,  and
             any hardcopy  will be safeguarded as a  TSCA CBI document.   The  PC
             will be powered  "OFF" and cleared  of TSCA  CBI  data after  a  TSCA
             CBI session even  if  it is  to be  immediately  used by another  person
             in the TSCA CBI mode.

L.  Internally Produced Documents and  Declassification  of Bardcopy  and  Magnetic
    Media

Internally produced documents, magnetic media, and computer printouts developed
from documents or data bases containing TSCA  CBI, are the  responsibility  of the
originator.     Final   versions  of  documents  containing  TSCA  CBI   will  be
immediately  taken  to  the DCO  for marking and entry  into the  TSCA  CBI control
system.

    1.   Printout Declassification

vlien the document is a printout from a  computer system  containing TSCA  CBI, the
printout will  be  on color  coded  TSCA  CBI  paper  and will  be  entered  into the
appropriate  log by the DCO/DCA.   If,  after careful review  by the requester,  it
is determined  that no TSCA CBI is  contained in the printout, the requester  will
enter a statement at the top of the printout  stating  "Contains  No TSCA  CBI" and
affix his/her  signature and the  date.   After  the originator certifies  that the
printout contains no TSCA  CBI,  the DCO will indicate this  on the log entry for
the printout, thus releasing the printout from TSCA CBI control.

    2.   Magnetic Tape Declassification and Transfer

Contractors or other users who  need  to transfer  programs or source  code  from a
TSCA  CBI  computer to a  non-CBl  environment  shall submit a written request  to
the Data  Management  Branch (DMB).   The request  shall  include  the  requester's
name  and  organization,  the purpose  of the transfer, and a list of the  files,
directories or programs needed.

DMB  will   review  and  approve  or disapprove  the  transfer request.    If  the
transfer is approved,  the following steps will be performed.

DMB will  ask  the Data  Center  CBI  Operations  Staff  to  prepare  a degaussed
(erased) tape  for use  as  the  transfer media, and will  inform  DMB  of  the  TSCA
CBI tape number.
                                     -21-

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DMB will execute  the programs necessary  to  copy  the  requested  files  or programs
to the degaussed tape.

Following creation of  the  tape,  DMB will execute a program which will read the
tape  and  print a  formatted listing  of all  of  the  files  on the  tape.    This
listing will be printed  on the  printer located in  the CBI  Computer Room  at
Research Triangle Park or in the CBIC Center at Headquarters.

The Data  Center CBI Staff  will pack and ship  the  listing,  in accordance  with
procedures for  shipping TSCA CBI data, to the Chief  Information Control Section
(ICS), Chemical Information Branch.   ICS/CIB will log the listing as a TSCA CBI
Document and turn it over to the Chief, DMB.

DMB will review the  listing  to  verify that the correct files  and programs  were
written  on   the tape  and  that the  tape  contains   no  TSCA  CBI  Data.    Upon
satisfactory completion of  the  verification process, DMB will notify Security,
IMD, that the tape contains no TSCA CBI data.

Security,  IMD,  will notify the Data Center  DCO that  the tape may be  transferred
to a non-CBI environment.

Under the supervision  of the Data Center DCO, the Data Center  staff  will  remove
the tape  from the CBI computer  room, assign a  non-CBI  (Foreign) tape number,
and inform  DMB of the new  tape number.   The Data  Center  DCO will  maintain  a
record of all tape declassifications and transfers.

    3.   Hardcopy Declassification

When  the  information  in  a document has  been  claimed as   TSCA  CBI by  the
submitter, but, with written approval  by  the submitter, is  now to  be removed
from TSCA CBI control  and treated as  non-CBI, the document must be submitted  to
the DCO  who  will  certify, in  writing,  the  reason   the information no  longer
requires  TSCA  CBI  protection.  The  document and  DCO  certification  will  be
submitted to  the  Chief,  Chemical Information Branch,  or  his/her designee, who
will  have  the  authority  to declassify the  information and remove  it  from
further TSCA CBI  control.   The green cover  sheet  must be  retained for audit
purposes and a notation  of  the date  of  declassification  and the  name of  the
person  authorizing   the  declassification  made  on  the green  cover  sheet and
document control log.

In cases where  the declassified information still appears  in  the document  file
or in other  documents  as  TSCA CBI, the  DCO will initiate  action to  remove the
information from TSCA  CBI control in  all other documents where it appears, and
a  notation   and  the  declassification  papers  will   be  placed  in  the  source
document.   If the information is  contained  in a TSCA CBI computer system,  such
as TDIS, or DTS, the Chief, DMB, or his/her designee  will have the authority  to
declassify the  information  and  will initiate action to remove the confidential
designation from all systems in which it appears.

M.  Retaining Logs

All TSCA  CBI logs shall  be retained for at least  5 years from  date of  last
entry in secure storage.  When these  logs are inactive and are no longer  needed
by  the  originating   office,  they  will be  delivered  to  the  DCO,  IMD  for
retention.
                                     -22-

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N.  Drafts and Temporary  Internal Documents

A  temporary document  is a  working  report  which  is  to  be  incorporated  into
another TSCA CBI  document or discarded within 30 days of  origination.   Because
of  its  temporary  nature,  it does not  have  to be  assigned a document  control
number.   It  must, however,   be  dated,  have a green cover  sheet  attached and  be
protected as TSCA CBI.    It  is  the  responsibility of the  originator  to  protect
the document and  to take it to a  DCO for destruction when the  information has
been incorporated  into  the  final TSCA CBI document or is  no  longer  needed.  If
the temporary  document  remains in existence  after  30  days, it  must  be  given a
document  control  number  and be entered  into the  document tracking system  or
inventory log.

Multiple  drafts  of a  report  which contains  TSCA  CBI  may be  prepared and
circulated before  the  report is finalized.   In  these  instances the  originator
of  the drafts  is  responsible for retrieving  and delivering them to  the  DCO/DCA
for destruction  within 30  days of  the  date  of origination.   The first  draft
will  be  assigned  a   document  control  number  and  will  be   numbered for
accountability  and  marked  as  1st  Draft.   Later  versions  will  use the  same
control number  but will be  marked as  2nd Draft,  3rd Draft, etc.  Each  copy  of
the reproduced  draft and  the original  must  be dated  and have a green  cover
sheet attached for visual identification  as TSCA CBI.

O.  Annual Inventory

On an annual basis or when directed  by Security, IMD, every person shall make a
physical inventory and accounting of all  TSCA CBI records  in his/her  possession
including those charged out  on  an  indefinite  basis  or  for  longer  than a 90-day
period.   The  inventory  shall  consist   of  a review  of  items  listed  in the
Document Tracking  System  or  inventory  log as  charged to the office,   other than
those  on a temporary 90-day  basis.   The inventory shall include an examination
of the evidence of proper disposition of  records (certification  of destruction,
etc.).   A report will be  submitted indicating  successful  completion  of the
inventory and  listing all discrepancies discovered, if  any.   This report  will
be  forwarded  to  Security,  IMD,   within  30 days after completion   of the
inventory.

P.   Reconciliation of Documents

    1  .   When DCOs Change

When  a  Document Control  Officer  terminates  or transfers  employment and  a new
DCO is assigned,  all TSCA CBI documents  must  be accounted  for before  the change
occurs.

Reconciliation must  be  made  by  visual inspection against  the user sign  out log
to ensure that the documents are actually located in the files.

If  the document  has been logged out,  the person  to whom it is  logged out must
verify that the document  is  in his/her possession.
                                     -23-

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If  the  document  has been  transmitted  to EPA  Headquarters,   for  instance,  a
return receipt must be on file verifying transmittal.

If  the  document has been destroyed,  an entry must  be  made in the destruction
log to  indicate the date of  destruction.   The green cover sheet must also  be
removed  from  the  document   and  retained.    Green  cover  sheets  may  not  be
destroyed.

    2.   When a Contract Ends

When an EPA  contract requiring access  to TSCA  CBI  ends,  the TSCA  CBI  documents,
user  logs,  destruction  logs  and  green cover  sheets  must be reconciled by  the
Contractor DCO  and  returned with  the documentation to the  EPA Headquarters DCO.

The EPA Project Officer and the Headquarters DCO will verify that all documents
are accounted  for,  and,  if the documents  are  originals, will  ensure that  they
are placed in the original document file.

If  they are  copies of documents  already on file at EPA  Headquarters,  they  may
be destroyed in accordance with procedures outlined  in this  manual.
                                     -24-

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                  IV.   SECURITY REQUIREMENTS FOR OTHER FEDERAL
                              AGENCIES OR CONGRESS
A.  Purpose

This section  sets forth  the  circumstances and  procedures under  which EPA may
provide  access  to  TSCA  CBI  to  employees  of  other  Federal  agencies  or  to
Congress.

B.  Policy

Section  14(a)(1)  of TSCA  authorizes  EPA  to  furnish TSCA  CBI  to other Federal
agencies with  responsibilities under  any law for  the  protection of  health or
the environment  or for  specific  law  enforcement  purposes.    EPA will furnish
such TSCA  CBI provided that  the other  agency  meets the  statutory eligibility
requirements,  is  able  and  willing  to meet prescribed standards for ensuring the
security  of   the  information,   and   agrees   to  treat   the   information  as
confidential   in  accordance   with EPA's  regulations   on  Confidentiality  of
Business Information  in  40 CFR Part 2.    40 CFR  2.209,  made  applicable to TSCA
CBI through 40 CFR  2,306,  requires other agencies to request access to TSCA CBI
and  to  state  the  official  purpose   for which  the   information  is  needed.
However,  EPA  may  provide  such  access  without  a  written  request  if  EPA
determines that  such  disclosure  is necessary for the other agency to carry out
a function on  behalf  of EPA, or  when ordered  by a Federal court.  Authorization
will be strictly  limited to only that  information required to fulfill the need.

Section  14(e)  of TSCA authorizes  EPA to furnish  TSCA CBI  to a  committee of
Congress upon  written request of  the  committee.   40 CFR  2.209(b),  through 40
CFR  2.306,   outlines   procedures  to   be  followed  in  disclosing  TSCA  CBI  to
Congress.

C.  Procedures for Answering Requests

Any EPA  office that receives  a written  request  from  another  Federal agency for
access to TSCA CBI must refer  the  request to the  Director,  OTS.

The OD/OTS or  his/her  designee must first evaluate  the  purpose for access.  If
it  is  determined  that the  stated need  relates to  the other  agency's  duties
under a  law for  the protection of  health or  the  environment or for specific law
enforcement purposes,  access  to  TSCA CBI may  be  provided.   The  OD/OTS must
ensure that the  other  agency has agreed  to keep  the information confidential in
accordance with the requirements of 40 CFR Part  2 and this  manual.

If the other  Federal  agency has  met the  requirements of the  statute and 40 CFR
Part 2,  and needs to  remove TSCA  CBI  from EPA to  its own  premises,  the OD/OTS
will require the  other agency  to develop security procedures for the protection
of the  information.    The  procedures  must provide  at least the  same  degree  of
security as is provided by this  manual and include  a requirement for obtaining
signed copies  of  the  Request for  TSCA CBI Access  Approval  form (Appendix VII)
from  each  agency  employee  who  will  have  access  and  the  Confidentiality
Agreement for  United States Employees  Upon Termination  or Transfer (Appendix X)
from each  employee who  terminates or  transfers employment.   Copies  of these


                                     -25-

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agreements should  be  forwarded to Security, IMD, to keep  the  authorized access
list  current.   (These  requirements  do not  apply  to Department  of  Justice
employees described in Section E below.)

If  the  other Federal agency  requests access  to  TSCA  CBI  only on EPA premises
and has  met  the requirements  of  40 CFR Part  2,  the agency must obtain signed
copies of  the Request for TSCA CBI Access Approval form  (Appendix VII)  as  in
the above paragraph, and forward same to Security, IMD.

If  the other  Federal  agency requires TSCA CBI access on its own  premises there
are two ways  to meet  EPA's  requirement  that the  agency's facilities  and written
security 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  Director,  IMD,  will determine  if  the procedures
meet  EPA's  minimum requirements  and  forward  a  report to the  OD/OTS.   After
approval  of   the  plan  by  the OD/OTS,  Security,  IMD, will  make  a  physical
inspection of the other  Federal agency's facilities  to  determine  that  they meet
the requirements of  their security plan and report  the results  to  the OD/OTS;
(2) The other Federal agency  may  adopt EPA's security procedures.   If they do,
Security,  IMD,  will  inspect  their  facilities  and  report to  the OD/OTS  as  in
Number 1.

After the  approval  of the OD/OTS  and  publication of a Federal Register Notice
announcing  the   disclosure of  TSCA CBI  to  employees of  another  agency  as
required by  40  CFR 2.209  through  40 CFR 2.306,  TSCA  CBI  will be furnished  to
the  other  agency  in accordance   with  procedures  outlined  in  this  manual,
including  the use  of the  Federal  agency sign-out log.   In  addition,   a  log  of
disclosures to Congress  and other  Federal agencies must be maintained.  The log
must  include:  (1)  the name  of the  submitter;  (2)  the  date of disclosure;  (3)
the person(s)  to whom  the disclosure  is  made;  and (4)  a  description of  the
information disclosed.

If  the other  agency is authorized  to receive TSCA CBI,  the Director, IMD,  shall
notify the OTS DCO, who shall provide the requested  information.

D.  Procedures for Interagency Agreements

If  another  Federal agency has a  continuing  need   for  access to TSCA CBI  in
accordance  with   the  EPA  contracts   manual,   the  OD/OTS  may  negotiate  an
interagency agreement  (IAG) with  that agency to provide ongoing  access to TSCA
CBI.  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.

The  Director,  IMD,  shall notify  the appropriate  DCOs of  the agreement,  the
procedures  to be  followed  in  responding   to specific  requests,   and of  the
identities of the individuals who  have been  authorized  for access to TSCA  CBI.

Under  such  an  agreement,  if  the  requirements  of 40 CFR  Part 2  have  been
followed,  a  DCO  may furnish TSCA  CBI  to another Federal agency, in accordance
with  procedures  in this manual,  without  receiving specific authorization from
the OD/OTS for each request.
                                     -26-

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E.  Exemption for the Department of Justice

Department  of  Justice  (DOJ)  employees may  be furnished  TSCA CBI when  prose-
cuting 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  facil-
ities is  required.   DOJ  employees  are not  required  to sign  a  confidentiality
agreement.   However,  the receiving  DOJ office will  be advised 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  which are  outlined  in  this  manual
regarding security of TSCA CBI during  transfer  must be  met.

Authorized  EPA employees, with  the permission of a Division Director  or  higher
authority,  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.

F.  On—site Access

Employees of other  Federal agencies  authorized for access to  TSCA  CBI  are  also
permitted to  review TSCA CBI on-site  at EPA.   Such  individuals must  be fully
informed of their security responsibilities,  must sign  the green  cover sheet  of
any  document  to  which  tney  have   access,  and  will  be  under direct  EPA
supervision at  all  times.    They  will not be  allowed  to  remove TSCA  CBI  from
the EPA  facility,  and  the individuals will be  told  that  (1)  they may discuss
the information only with other employees of  their agency authorized  for  access
and  authorized  EPA  employees,   (2)   they  may  not  produce  any   notes   or
correspondence containing TSCA  CBI,   (3)  they may not  discuss TSCA CBI  on the
telephone, and (4) they are subject to fines and imprisonment  if  they  willfully
disclose TSCA CBI.

G.  Violations

Any violation of  another Federal agency's security procedures  for  safeguarding
TSCA  CBI,  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
Security, IMD.   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 Security,  IMD.

Violations  of  the security provisions  of an  interagency  agreement under  this
chapter  shall  be  investigated  by  the  EPA,  OIG,  which shall  report  to  the
AA/OPTS.    The  OIG  has  primary  responsibility  for  investigating   statutory
violations involving unlawful release  of TSCA  CBI.   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  an  investigation  develops  information   indicating  a  possible   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  company involved,  will be dictated by it.


                                     -27-

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                                  APPENDIX I

                Excerpts  From  EPA Conduct and  Discipline Manual

GENERAL

The achievement  of constructive  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,  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 main-
taining  discipline in  their  organizations by taking  appropriate corrective
actions  ....   Any  supervisor  or  management  official  may  take  informal
corrective  actions and issue  official reprimands.   The  following procedures
will  be  followed  in  the  exercise  of  both   formal and  informal corrective
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  actions are  being considered,  it should  be
established whether the employee knew,  or could reasonably be expected to  have
known, what standard of conduct or performance  was  expected  of him/her.

Repetition  of the  same  offense  must  be considered in the  assessing of  any
penalty, as such repetition may imply a disregard for  authority.

INFORMAL CORRECTIVE ACTIONS

When  a  supervisor  decides that corrective action  is warranted,  he/she  should
first consider informal measures  that  are nonpunitive  in nature but that  will
instruct  offending employees  and remedy  problem  situations.  Supervisors  are
urged to ensure  that informal measures  are considered  before formal corrective
actions,  which are recorded  in  an employee's  official personnel  folder,  are
utilized such as:

         o    Closer Supervision.

         o    On-the-Job  Training.

         o    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  pri-
              vate 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

                                     -28-

-------
              such  informal  discussions  may  be  placed  in  an  employee's
              personnel folder.

         o    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, 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 super-
              visor's  local  files.   Written warnings are  often  effective  in
              influencing those employees who  require a more  tangible expres-
              sion of a supervisor's view.

FORMAL DISCIPLINARY ACTIONS

A  formal  disciplinary  action may  be  an official  written reprimand,  a sus-
pension, a  change  to  a  lower grade,  or removal.   Records  of formal disci-
plinary actions  become a  part of  the  employee's official personnel folder.
Supervisors should  initiate such  actions  only  after  coordinating  any proposed
action  with  their  operating  personnel  officers.   [Detailed  information con-
cerning 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.   If  an
employee  is  considered  to  have  the  skills  and  desires needed  to  perform
successfully  at  his/her grade level but is unable  to  function effectively in
his/her 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
      [formal]  disciplinary action becomes  necessary,  this guide should be used
 in  order  to  facilitate  action  throughout the  Agency  in  comparable  cases.
 Penalties  for  offenses usually will fall within  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  specified   case,
 consideration  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.
                                     -29-

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NATURE OF                      FIRST            SECOND            THIRD
OFFENSE                       OFFENSE           OFFENSE          OFFENSE
Violation of security        Oral/Written     Written          5-day
regulations involving        reprimand        reprimand        suspension
other than classified                         to 1-day         to removal
[national defense]                            suspension
information

Failure to assess a          Written          10-day           Removal
penalty when the facts       reprimand        suspension
are known and warrant        to 5-day         to 30-day
disciplinary action          suspension       suspension
                                     -30-

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                                    Appendix II
                            (Actual  Size 8  1/2" x  11")
TSCA CBI u S ENVIRONMENTAL PROTECTION AGENCY DQES NQT CONTA(N NATtONAL
WHEN FILLED 'N TSCACONF,DlNNT,ANLTB°U?,YNELS^NFORMAT,ON SECUR'TY 'NFORMATiON (E 0 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.
                                             31

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                                  Appendix III
                           (Actual Size 8  1/2"  x 11")
TSCACBI US ENVIRONMENTAL PROTECTION AGENCY DOES NOT CONTAIN NATIONAL
«HE" F"->-ED IN TSCA co^f^f'^N JsS?NGFORMAT,ON SECUR'TV 'FORMATION IE O ,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.
                                         32

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                        Appendix  IV
               (Actual  Size 8  1/2"  x 11")
       TSCA CBI
    WHEN FILLED IN
           US ENVIRONMENTAL PROTECTION AGENCY
                    DESTRUCTION LOG
          TSCA CONFIDENTIAL BUSINESS INFORMATION
                            DOES NOT CONTAIN
                           NATIONAL SECURITY
                              INFORMATION
                               (EO 12065)
  DCO/DCANAME
                                        LOCATION
  DATE
   DE-
 STROYED
DOCUMENT
 CONTROL
 NUMBER
DESCRIPTION
 DCO/DCA
SIGNATURE
EPA Form 7710-45 (9-81)
                                  33

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                                   Appendix V
                           (Actual  Size 8  1/2" x  11")
US ENVIRONMENTAL PROTECTION AGENCY DOES NOT CONTAIN NATIONAL
WH ™L™0 IN MM!&^&?ir.^^^^^ — " ,NFORMAT,0N ,E 0 ,„«,
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.
                                           34

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                                   Appendix VI
                            (Actual  Size 8 1/2" x  11")
TSCACBI US ENVIR°™ENTAL PROTECTION AGENCY DOES NOT CONTAIN NATIONAL
FEDERAL AGENCV.cCONNGDREESS. ANDFEMRALCOU^S.GN OUT LOG SECURITY INFORMAT,ON ,E o ,2065,
DATE OUT













EPA DOCUMENT CON
TROL NO /COPY NO













NO
PAGES















DESCRIPTION


























FEDERAL AGENCY,
CONGRESS, COURT


























RECIPIENT


























DCO
INITIAL













RECEIPT













DATE
RETURNED













DCO
INITIAL













EPA Form 7710 13 (Rev/ 9-81) Previous edition is obsolete
                                            35

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                                   Appendix  VII





                        (Actual   Size  8V   x  11")
1. REQUEST FOR TSCA-CBI ACCESS APPROVAL
1 REQUESTING COMPONENT (Off ice/Division /Branch)
3 FULL NAME (Last, first, middle)
6 DATE OF BIRTH Month /day /year)
9. POSITION
12 TSCA CBI SECURITY BRIEFING DATE
2. DCO & PHONE NUMBER
4 SOCIAL SECURITY NUMBER
7. PLACE OF BIRTH (City. State)
10. PHONE NUMBER
5. LOCATION/CONTRACTOR
8. CLEARANCE REQUESTED
(DDO, OCA, ADP, General Access)
11. PREVIOUS CBI CLEARANCE
TYPE
DYes DNO
13 FORMS ATTACHED
DsF 85 (Category II & III) DEPA Form 1480-29 (Category 1) DoPM 87 DoPM 329-A
D Other (Specify)
14. OTHER CLEARANCES (Current or past)
Clearances

Dates

Sponsoring Agency

An authorizing official (Division Director at Headquarters, Regional Administrator or Laboratory Director in the Field, or
Contractor Project Officer) must sign this section.
SIGNATURE AND TITLE OF REQUESTING OFFICIAL
DATE
II. CONFIDENTIALITY AGREEMENT
I understand that I will have access to certain Confidential Business Information submitted under the Toxic Substances Control
Act (TSCA, 15 USC 2601 et seq.]. This access has been granted in accordance with my official duties relating to the Environ-
mental Protection Agency programs.
I understand that TSCA CBI may not be disclosed except as authorized by TSCA and Agency regulations. I understand that
under section 14(d) of TSCA (15 USC 2613(d)l I am liable for a possible fine of up to $5,000 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 will treat any TSCA CBI furnished to me as confidential and that I will follow the procedures set forth in the
TSCA Confidential Business Information Security Manual.
I have read and understand the procedures.
SIGNATURE
III. REQUIREMENTS
DFFI DNACI DNAC
SUBMITTED
DATE
[Upending DoPM DoiSCO
COMPLETED
APPROVED BY
APPROVED
DYes DNo
DATE
EPA Form 7740-6 (5-83)
                                Replaces EPA Form 7710-47, which It obsolete.
                                              36

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                                           Appendix  VIII

                               (Actual  Size   8V   x   11")
                         I. REQUEST FOR TSCA-CBI COMPUTER ACCESS APPROVAL
1  REQUESTING COMPONENT (Office/Division/BranchI
                                                       2. DCO & PHONE NUMBER
3. FULL NAME (Last, first, middle)
                                   4. SOCIAL SECURITY NUMBER
                                                                            5. LOCATION/CONTRACTOR
6. POSITION
                                    7. PHONE NUMBER
                                                                            8. Holdt Current TSCA-CBI Access Approval
9. SYSTEM AND DATABASE TO BE ACCESSED
                                                                            10. PRIVILEGES
                                                                              DR/W         DR
                                                                              D Other /Specify)
                                DE
11. OTHER CLEARANCES (Current or fist)
              Clearances
                                                      Dates
                                                                                       Sponsoring Agency
12. REASON FOR ACCESS
13 FORMS ATTACHED

     DsF 85 (Category II & III)
                                       orm 1480-29 (Category I)
DCSC329-A
D CSC 87
14 REQUESTING OFFICIAL
                                                                            DCO SIGNATURE
                                                II. SECURITY/MSD
CATEGORY UNDER OPM 732-7
                                   Di
BASIS OF CLEARANCE
                                   DNAC  DNACI  [Upending  DoPM DoiSCO  Pother (Specify)
DATE SUBMITTED
                                                        DATE COMPLETED
COMMENTS
RECOMMENDED
                         DNO
                                   Chief /Security/MSD
                                   III. DIRECTOR/OFFICE OF TOXIC SUBSTANCES
    D Approved	D Disapproved
                                   SIGNATURE
EPA Form 7740-7 (5-83)

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                         Appendix  IX

                  [Actual Size 8 1/2"  x 11'
                       Printed on Heavy,
                   Dark Green Paper  Stock)
     TSCA  CONFIDENTIAL BUSINESS INFORMATION
          DOES NOT CONTAIN NATIONAL SECURITY INFORMATION (S.O. 120651
oocu«
«ENT CONTROL Off
CEH
DOCUMENT CONTROL NO
DATE RECEIVED
       The attacned document contains Confidential Business Information obtained under the Toxic
       Substances Control ACT (TSCA. 75 U 3.C. 2601 etsiq ) TSCA Confidential Business Informa-
       tion mav not be disclosed further or cooied bv vou except as authorized in the procedures set
       forth .n the TSCA CONFIDENTIAL BUSINESS INFORMATION SECURITY MANUAL
                 tipn with penalties ranging up to and including dismissal
       Each oerson who is given access ro this document must fill m the information oelow me fir
       time that he/she has access.
LAST\AM6
                           SIGN A TURE
                              DO NOT DETACH
                                  38

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                                        Appendix  X

                             (Actual   Size  8V  x   11")
                               CONFIDENTIALITY AGREEMENT FOR
                UNITED STATES EMPLOYEES UPON TERMINATION OR TRANSFER
In accordance with my official duties as an employee of the United States, 1 ha\e had access to Confidential
Business Information under the Toxic Substances Control  Act (TSCA, 15 U.S C. 26(11 t'f1 ser/J.  I understand that
TSCA Confidential Business Information  may not be disclosed except as authorized by  TSCA or Agency regula-
tions.

I  certify that I have returned all copies of any TSCA Confidential Business Information  in my possession to the
appropriate document control officer specified in the procedures s '  forth in TSCA Confidential Business Inform-
ation Security Manual.

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

I  understand that as an employee of the United States who has had access to TSCA Confidential Business Inform-
ation, under section I4(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 one year if I willfully disclose TSCA Confidential Business Information  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
EPA Fo™ 7710-17 (7-78)
                                               39

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                        Appendix  XI

                (Actual  Size 8V x  11")
TELEPHONE CONTACT REPORT!
DATE
TIME
SUBMTR/ORGANIZATION
NAME OF EPA REP.
NAME OF SUBMTR/ORGANIZATION
            TYPE OF CONTACT
     	 TELEPHONE

     	 OTHER
                                                    	MEETING
TOPICS COVERED:NOTE ANY RESOLUTIONS AND/OR ADDITIONAL ACTIONS
                      REQUIRED ON THIS FORM
                                  PAGE
                   OF
                             40

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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
                                   41

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                                 APPENDIX XIII





                        FEDERAL REGISTER NOTICE EXAMPLE











                        ENVIRONMENTAL PROTECTION AGENCY
               TRANSFER OF DATA TO CONTRACTOR AND SUBCONTRACTOR










AGENCY:   Environmental Protection Agency  (EPA).




ACTION:   Notice.




SUMMARY:  EPA will transfer to its contractor,         , and its subcontractor




          information which has been or will be submitted to EPA under section




          5 of the Toxic Substances Control Act (TSCA) .  Some of the




          informatin may be claimed as confidential.   These firms will review




          this information and use it to evaluate the  potential economic




          impacts of regulatory actions taken under section 5 of TSCA.




          DATE: The transfer of the confidential data  submitted to EPA will




          occur no sooner than 10 working days after date of publication of




          this notice in the FEDERAL REGISTER.
                                      42

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 FOR FURTHER INFORMATION CONTACT:




           Edward  A.  Klein,




           Director,  TSCA Assistance Office (TS-799)




           Office  of  Toxic Substances,




           Environmental Protection  Agency,




           Rm.  E-543,




           401  M St.,  SW.,




           Washington,  D.C.   20460




           Toil-Free:   (800-424-9065),




           In Washington, D.C.:   (554-1404),




           Outside the  USA:   (Operator  -  202-554-1404).




 SUPPLEMENTARY  INFORMATION:   Provisions including  Executive Order 12291,  the




 Regulatory Flexibility Act,  and  section  2(o)  of TSCA,  the Act's  general  policy




 statement,  require SPA to consider  the economic impact  of proposed regulatory




 actions under  TSCA.   In evaluating  the necessity  of  regulatory actions under




 TSCA in a  given instance, EPA considers  economic  factors  like  cahracteristics




 of  a particular market,  the  availability of  substitutes for a  substance,  and




 ootential  uses that  could be made of the substance.   in evaluating alternative




 courses of  regulaoty action, EPA considers fafctors  like  the relative  cost




 effectiveness and availability of various control  technologies and the




 practicality of other  regulatory options.




          Under EPA Contract No.




Washington, D.C.,  and  its subcontractor




                                    will assist the Regulatory Impacts Branch




 (RIB) of the Office of  Toxic Substances  in performing regulatory and general




 economic impact analyses for TSCA regulatory programs.




           In accordance with 40  CFR 2.306(j), EPA has determined that







                                      43

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                  employees may require access to confidential business




information (CBI) submitted to EPA under section 5 of TSCA to perform work




satisfactorily under the above-noted contract.  EPA is issuing this notice to




inform all submitters of information under section 5 of TSCA that EPA may




transfer to these firms, on a need-to-know basis,  confidential business




information on specific chemicals that are nder review or are subjects of




possible regulatory actions.  Upon completing their review of materials




submitted for a specific chemical, the firm receiving confidential business




information will return all such materials to EPA.




                         have been authorized to have access to TSCA




confidential business information under the EPA "Contractor Requirements for




the Control and Security of TSCA Confidential Business Information" security




manual.  EPA has approved the security plan of its contractors and will




inspect the facility and approve it prior to TSCA being transmitted to the




contractors.  Personnel from these two firms will be required to sign a non-




disclosure agreement and be briefed on appropriate security procedures before




they are permitted access to confidential information, in accordance with the




"TSCA Confidential Business Information Security Manual" and the Contractor




Requirements manual.




Dated:
                                  Don R. Clay,




                                  Director,




                                  Office of Toxic Substances.
                                      44

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       Appendix  XIV
(Actual Size 8V  x  11")
U.S. ENVIRONMENTAL PROTECTION AGENCY
SAFE/CABINET SECURITY CHECK SHEET
AFFIX A COPY OF THIS FORM TO EACH CABINET CONTAINING CLASSIF ED MATERIAL OR CONFIDENT A L BUSINESS INFORMATION
(a) T 14) O P E O
(b) CHECK EACH DRAWER BY DEPRESSING THE THUMB LATCH AND SHAKING THE DRAWER
MON TH
DATE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
OPEN ED BY
INITIALS
































TIME































O FFI C E CODE
ROOM NUMBER
LOCKED BY
INITIALS































TIME































CONTAINER NUMBER
CHECKED BY
INI Tl ALS































TIME

































GUARD CHECK
INITIALS































TIME
































EPA Form 1480-12 (Rev. 3-80) PREVIOUS EDITION MAY BE USED UNTIL SUPPLY is EXHAUSTED
               45

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                                              Appendix   XV

                                   [Actual  Size   8V   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 }
    What TSCA CBI will be required, and why7 {Continue on back if necessary )
 III.  Will computer access to TSCA CBI be required by the contract7 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
  EPA Form 7710-15a {9-81)
                                                             Approved

                                                             Date
                                                           46

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                         Appendix  XVI




                   (Actual  Size  6h"  x  4")
LOAN RECEIPT FOR
TSCA CONFIDENTIAL BUSINESS INFORMATION
1 acknowledge receipt of TSCA Confidential Business Information Document(s) listed below:
la 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
1 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 DOCUMENTIS) RECEIVED
EPA Form 7710-14 (Rev 9/811
                                      47

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                                    INDEX
AA/OPTS, Responsibilites of	        5
Access,
     Computer Defined	      vii
     Contractor Authorization	        2
     Forms Required to Request.	        2
     General, Defined	      vii
     How To Gain	        2
Acronyms, Glossary of	       vi
Agreements, Interagency	       26
Annual Inventory	       23
Authorized Access List, Defined	      vii
Authorized Access List, Maintaining.	        4
Background Investigation	        3
Branch Chiefs, Responsibilities of	        6
Briefing, Defined	      vii
Computer Access, Defined	      vii
Confidential Business Information, Defined	      vii
Corrective Actions,
     Discussed.	        1
     Formal	       30
     Informal	       29
Declassification
     Hardcopy	       22
     Magnetic Tape	       21
     Printout	       21
Department of Justice	       27
Destruction of Documents	       18
Director, Information Management Division, Responsibilities of	        5
Director, Office of Information Resources Management,
  Responsibilities of	        5
Director, Office of Toxic Substances, Responsibilities of	        5
Disks,
     Floppy	       20
     Hard	       20
Division Directors, Responsibilities of	        6
Document, Defined	      vii
Document Control Assistant, Defined	      vii
Document Control Assistants, Responsibilities of	    9, 10
Document Control Number, Defined	      vii
Document Control Officer, Defined	      vii
Document Control Officers, Responsibilities of	 8, 9, 10
Document Tracking System, Defined	     viii
Documents,
     Destruction of	       18
     Drafts	       23
     Lost	       17
     Obtaining	       12
     Reconciliation of 	       23
     Reproduction of	7	       18
                                      48

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     Retiring of	        19
     Temporary Internal	        23
Downloading TSCA CBI Data	        20
Draft Documents	        23
Electronic Transmission	        16
Employee, Defined	     viii
Employees, EPA, Responsibilities of	        10
EPA Employees, Responsibiliites of	        10
EPA Project Officers, Responsibilities of	        8
Facilities Support Services Division, General
  Service Branch,  Responsibilities of	        6
Facility, Secure,  Defined	     viii
Federal Agency, Defined	     viii
Forms for Gaining Access	        2
Forms for Implementing Procedures	        11
General Services Branch, Facilities and Support Services
  Division,  Responsibilities of....	        6
Interagency Agreements	        26
Inventory, Annual.	        23
Logs, Retaining	        22
Los t Documents	        17
Mail,
     Express	        17
     Incoming	        15
     Registered	        17
Meetings	        16
Notes	        16
Obtaining Documents	        12
Office of the Inspector General, Responsibilities of	        5
Other Federal Agencies	        27
PCs  	        20
Personal Computers	        20
Photographs	        19
Procedures,  Secretarial	        14
Project Officiers, EPA, Responsibilities of	        8
Reassignment	        31
Reconciliation of Documents	        23
Recordings
     Audio	        16
     Visual	        16
Remote Terminals	        19
Reproduction	        18
Retaining Logs	        22
Retiring of Documents	        19
Safeguards During Use	        14
Secretarial Procedures	        14
Secure Facility, Defined	     viii
Security, IMD, Responsibilities of	        7
Security Procedures, Other Federal Agencies	        25
Statutes, Applicable to TSCA CBI	        1
                                      49

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Storage,
     At EPA, Open	       13
     At EPA, Required	       12
     Multiple User Container	       13
     When Traveling.	       13
Submitter Representative, Defined	     viii
Telephone Calls	       15
Temporary Internal Documents	       23
Transmission, Electronic	       16
Transmittal
     Outside an EPA Facility	       17
     Within an EPA Facility	       17
Violation, Defined	     viii
                                      50

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U J. Environmental Protection Agency
Region V,  Library
230 South Dearborn Street     -X
Chicago, IIHnois  60604   _j**

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