United i'-ates . Envirorinental Protection Agency Office of Air Quality Planning and Standards Emission Standards Division (MD-13) Research Triangle Park, NC 27711 EPA 453/B-95-002 June 1995 Edition f / CLEAN AIR ACT CONFIDENTIAL BUSINESS INFORMATION SECURITY MANUAL ------- EPA 453/B-95-002 CLEAN AIR ACT CONFIDENTIAL BUSINESS INFORMATION SECURITY MANUAL U.S. Environmental Protection Agency Office of Air Quality Planning and Standards (MD-13) Research Triangle Park, NC 27711 June 1995 (Revised Version) ------- TABLE OF CONTENTS I. PURPOSE, SCOPE, AUTHORITY, AND RESPONSIBILITY 1 A. Purpose 1 B. Scope 1 C. Authority 1 D. Responsible Officials 2 1. Director, OAQPS 2 2. Director, Emission Standards Division 2 3. OAQPS Program Project Officers 2 4. OAQPS Document Control Officer 2 5. OAQPS Documents Control Assistants 3 6. OAQPS CBI Manager 4 7. OAQPS Group Leaders 5 8. OAQPS Work Assignment Managers 6 9. Employees 7 10. Contractor Document Control Officers 8 JJ. EDUCATION AND TRAINING 11 A. Overview 11 B. Initial Brie finer 11 C. Annual Briefing 11 D. Terminal Briefing 12 III. DISCLOSURE OF CAA CBI 13 A. Overvi ew 13 B. Disclosure To Other Federal, State or Local Agencies 13 1. Non-disclosure Agreement 14 2. Notice to Affected Businesses 14 3 . Before Approval 15 4. Before Disclosure 15 C. Disclosure To EPA Contractors and Subcontractors .... 15 D. Discussing CBI On The Telephone 15 1. Telephone Memorandums 16 2. Telephone Calls with Providing Organizations .. 16 E. CAA CBI Disclosed At Meetings 16 1. Access 16 2. Chairperson's Duties 17 3. Chairperson's Limitations 17 4. Notes or Recordings 17 5. Safeguarding 17 6. Controls 18 IV. CATEGORIES OF CAA CBI 19 A. Overview 19 B. Original CBI 19 C. Derivative CBI ------- V. CAA CBI MARKINGS 21 A. Overview 21 B. CBI Stamps 21 C. Computer Output 21 D. Special Categories of Materials 21 1. Charts, Maps, and Drawings 21 2. Photographs, Films, and Recordings 21 3 . CAA CBI Waste 22 VI. ACCESS TO SPECIFIC CAA CBI 23 A. Overview 23 B. General Access Requirements 23 C. Employee Access 23 1. Procedures 23 2. Authorized Access List 27 D. Withdrawal of Clearance 28 1. Periodic Review 28 2 . Removal From Access 28 E. Contractor Access 28 1. Prerequisite 28 2 . Conditions 29 3. Obtaining Approval 29 4 . Security Plan 31 5. Contractor DCO/DCA Requirement 32 6 . Completion of Contracts 32 7. Authorized Access Lists 32 8. Withdrawal of Access 32 VII. RECORDS MANAGEMENT FOR CAA CBI 33 A. Overview 33 B. Intent 33 C. CAA CBI Records Management System 33 1. Automated Database 34 2 . CAA CBI Control Record 34 3 . Cover Sheets 35 4. Custody Receipts 35 5. Pending Log 35 6 . Inventory 35 D. Obtaining CBI Documents 3g E. CAA CBI Document Control Numbers 36 F. Creating CBI Documents 3g 1. Working Papers 37 2 . Use in Meetings 37 3. Typing/Word Processing Requirements \ .37 G. Creating Non-CBI Documents 33 1. Masking or Aggregating CBI 38 2 . Dropped Claim to CBI ' ^Q 3. Determining Claim to Validity ' 33 11 ------- H. REPRODUCTION 38 1. CBI Material 39 2. Equipment 39 3. Broken Equipment 39 I. CDCO RECORD MANAGEMENT RESPONSIBILITIES 39 1. CAA CBI Control Numbers 39 2. CAA CBI Inventories 40 3 . Reproduction 40 VIII. TRANSFERRING CUSTODY 41 A. Overview 41 J3. Transferring CAA CBI To EPA Contractors and Providing Plants/Facilities 42 C. Transferring- CAA CBI from Contractors to OAOPS 42 D. Transferring CAA L'BI to Government Agencies Outside OAOPS 42 E. Confidential Business Information Security Agreement 43 F. Preparation and Packaging 43 1. Inner and Outer Covers 43 2 . Addressing 43 3 . Packaging 43 G. Custody Receipt 44 H. Transfer Methods 44 1. Hand Carrying 44 2. Registered Mail 45 3. Couriers and Express Mail 45 IX. STORAGE of CAA CBI 46 A. Overvi ew 46 B. Intent 46 C. Storage Equipment Specifications 46 D. Procedures for Lock Combinations 46 1. Changing Combinations 46 2. Granting Access To Combinations 47 E. Evacuation Procedures 47 F. Safeguarding CAA CBI in the Event of a Disaster .... 47 1. Prevention 47 2. Preparedness 48 3 . Response 48 X. CAA CBI COMPUTER SECURITY 49 A. Overvi ew 49 B. Directives 49 C. Basic Security Requirement 49 1. Security Mode 49 2. Authenticity and Verification 50 3. Remote Operation 50 4. Users Requirements 50 5. Visitors 51 D. CBI Computer Room 51 111 ------- E. Safeguarding CBI During Computer Use 51 1. Computer Storage Media 51 2. Terminating a CBI Computer Session 52 3. Use of a Printer 52 F. System Security Software for Multi-User System 52 1. User Authority 52 2. Event Record 53 G. General Procedures 53 1. Checkout 53 2. User Privileges 53 3 . CBI Computer Room DCA 54 4. Back-up Files 54 5. Transmission 54 H. Destruction and Release of Data Media 54 1. Magnetic Storage 54 2. Rigid Magnetic Storage Media 54 I. Security Plan 55 J. Risk Analyses 55 XI.DISPOSAL AND DESTRUCTION 56 A. Overview 56 B. Intent 56 C. Notice of Intent to Destroy 56 D. Original CBI 56 E. Derivative CBI 56 F. CBI Waste 57 G. Records of Destruction 57 F. Methods of Destruction 57 XII. CAA CBI SECURITY VIOLATIONS 58 A. Overview 58 B. Responsibility of Discoverer 58 C. Violations of this Manual 58 D. Preliminary Inquiry 58 E. Investigation 58 F. Reports and Findings 59 1. Finding of No Damage 59 2 . Lost Documents 59 3 . Compromise 59 4 . Finding of Damage 59 G. Kesultinqr Actions 59 1. Violations Subject to Punitive Measures 60 2. Punitive Measures go XIII. CAA CBI DEFINITIONS 61 XIV. GLOSSARY OF ACRONYMS 64 XV- APPENDICES 66 IV ------- SECTION I. PURPOSE, SCOPE. AUTHORITY & RESPONSIBILITY A. PURPOSE The procedures in this manual provide Federal, contractor, and subcontractor employees with the information necessary to utilize Confidential Business Information to perform their assigned duties without violating applicable Federal regulations protecting the rights of its owners. The purpose of this manual is to set forth policies and procedures for Federal, contractor, and subcontractor employees to follow in the handling of information claimed as Confidential Business Information (CBI), obtained under Section 114 of the Clean Air Act (CAA), and governed by U.S. Environmental Protection Agency (EPA) regulations at 40 Code of Federal Regulations (CFR), Part 2, Subpart B, and other EPA regulations and policies. CBI collected under the authority of other environmental legislation is managed according to similar applicable procedures. The need to safeguard CBI cannot be overstated. Valid and secure CBI procedures are essential to EPA's decisionmaking and therefore to effectively safeguard of the environment is required. Any compromise to CBI threatens not only the businesses providing data, but also EPA's ability to make, implement and enforce environmental policy, and ultimately, the communities that benefit from that policy. Therefore, OAQPS has designed and implemented a four-pronged security system to ensure protection of CAA CBI and at the same time permit effective operations of the OAQPS CBI Office. The CAA CBI security system consists of controlled access, document tracking, training, and monitoring of CAA CBI operations. B. SCOPE This manual sets forth policies and procedures to manage and safeguard CAA CBI. Unless otherwise noted the phrase "Confidential Business Information" or ("CBI" refers to Clean Air Act Confidential Business Information only). C. AUTHORITY The policies and procedures found in this manual provide guidance for compliance with the following Federal statutes and regulations: ------- Clean Air Act 40 CFR, Part 2, Subpart B Freedom of Information Act Privacy Act D. RESPONSIBLE OFFICIALS The responsibilities of OAQPS officials and personnel concerning CAA CBI are outlined below. 1. Director. OAQPS The OAQPS Director or his designee has overall responsibility for controlling CAA CBI within the Office. The Director or Acting Director may delegate his/her authority to perform security control functions. 2. Director, Emission Standards Division The Director, Emissions Standard Division (ESD), has been delegated authority to direct and administer the CAA CBI program for OAQPS. In performing these duties, the Director has authority for setting policies, standards, and procedures that ensure compliance with the laws and regulations described in I.C., Authority. The Director provides oversight, a security education program, and a security assurance program for effective implementation of the CAA CBI program. The Director must authorize the transfer of CAA CBI outside OAQPS including other Federal or State governmental agencies. Initial authorization to transfer CAA CBI to a contractor is authorized by the Director approving a Request for Approval of Contractor Access to CAA CBI. Approval of contractor employee access to specific CAA CBI documents is delegated to the Group Leaders. 3. OAQPS Program Project Officers The respective program project officers (POs) responsibilities are as follows: To notify the OAQPS Document Control Officer when a contract will require CAA CBI access and to serve as an interface between the OAQPS DCO, WAMs and the EPA Contracting Officer; To issue notification to the affected businesses via Federal Register notice at the start of a contract by identifying the contractor or subcontractor who will have access to CAA CBI submitted to OAQPS in performing their assigned duties; 3 ------- Assists Work Assignment Managers (WAMs) in preparing individual notification to affected businesses or industries on an as-needed-basis; and Ensures compliance with all CBI procedures set forth in the applicable contract. 4. OAOPS Document Control Officer The OAQPS Document Control Officer (DCO) is directly responsible to the BSD Director for implementing the CAA CBI program. The OAQPS DCO monitors the activities of the CBI Office and provides guidance and technical direction as needed. The following are responsibilities of the OAQPS DCO: Ensures that OAQPS security procedures for handling CAA CBI are continually reviewed, updated, and enforced; Ensures compliance with the security education program and security assurance program; Reviews security plans and provides for inspection of security facilities and procedures of EPA contractors storing CAA CBI files; Reviews contractor employee CAA CBI security, education and training programs; Reviews CAA CBI access requests for contractors and other Federal/State and Local agencies. (The BSD Director must approve requests for all initial contractor access); Evaluates proposed system improvements; Promptly conducts preliminary inquiries and investigations of alleged procedural violations and reports findings to the BSD Director; and Advises the BSD Director concerning appropriate actions for CAA CBI security violations. 5. OAQPS Document Control Assistants Document Control Assistants (DCA) are employees of OAQPS in locations other than the Office of the Director, ESD who are charged with implementing the OAQPS CBI program at their location. The OAQPS DCO/CBI Manager oversees their activities and provides guidance and technical direction as needed. ------- 6. OAOPS CBI The CBI Office maintains "custody" of CAA CBI at all times even when being accessed by authorized individuals. Custody of CAA CBI may only be transferred from one CBI Office to another. The CBI Office (CBIO) within OAQPS, managed by the OAQPS CBI Manager, acting under the technical direction of the OAQPS DCO, is responsible for the following: Signs receipts for CAA CBI arriving and departing OAQPS; Reviews documentation of all CAA CBI being transmitted from OAQPS; Transmits CAA CBI to contractor upon the request of the Work Assignment Manager or the responsible Group Leader; Declassifies or destroys CAA CBI material after receipt of authorization from the Office of General Counsel (OGC), the owner, work assignment manager (WAM), or after the CBI has served its purposes; Briefs and debriefs all persons designated by Group Leaders as requiring access to CAA CBI. Keeps an Authorized Access List of persons cleared for CAA CBI access and a record of each person's briefing status; Assigns CBI control numbers, attach Control Records and apply markings, when applicable, to all new CAA CBI documents and reproduce documents as required; Establishes, maintains, and controls an automated CAA CBI file system. Logs in and out all CAA CBI documents. Conduct periodic inventories of all CBI documents; Maintains a tracking system to ensure that CBI transmitted to other organizations is received; ------- Prepares CBI for mailing to other Federal agencies, plants or facilities, and contractors when authorized and maintain records of all such actions; Reports cases of procedure violations and alleged wrongful disclosures immediately to the OAQPS DCO, and provide guidance, technical assistance, and administrative support on all matters concerning CBI security; Locks CBI in appropriate containers whenever the information is not in use or under the supervision of cleared authorities; Ensures at the end of each day that all classified materials used during the day have been returned to the CBIO and are properly stored; and Monitors support staff providing clerical assistance to the CBIO. 7. OAQPS Group Leaders Group Leaders are responsible for ensuring that their employees and contractors comply with the procedures listed in this manual. Group Leaders are responsible for the following functions: Designates EPA and contractor employees who need access to specific CBI associated with each project. This responsibility may not be delegated, and authorizations made by formerly responsible Group Leaders will remain in effect until access lists are reviewed and updated; Ensures that Group employees and other persons whom they designate are qualified and authorized to access CBI utilizing procedures found in Section II-C; Authorizes transfer of CAA CBI to providing companies, facilities or contractors. The authority to transfer CAA CBI to all other outside organizations is reserved for the BSD Director; Ensures that any CBI the Group receives directly is sent immediately to the OAQPS CBI Office; ------- Recommends to the BSD Director whether to release of CBI to Congress, the Comptroller General, or other Federal agencies and ensure that releases are in accordance with Section 2.209 of 40 CFR, Part 2; Ensures that CBI is not used in publications or improperly released in any documents; Authorizes necessary creation (by summarization and masking) of nonCBI materials from CBI and review and approve those nonCBI materials prior to their release; Cooperates with the OAQPS DCO in establishing and improving CBI safeguards, and implementing and maintaining CBI education and quality within their Groups; and Reports cases of CBI disclosures or possible compromise to the OAQPS DCO and cooperate with investigations conducted under the OAQPS CAA CBI program. 8. OAQPS Work Assignment Managers (WAMs) The OAQPS Work Assignment Manager has primary responsibility for ensuring that his/her contractors maintain control over project related CAA CBI and adhere to prescribed procedures. OAQPS Work Assignment Managers are responsible for the following: Ensures that contractors and EPA employees working on his/her project comply with procedures in this manual and CBI procedures set forth in the applicable contract for CAA CBI related to his/her proj ect; Analyzes technical aspects of all project work written or otherwise created and determine whether CBI is involved and, if so, have it logged by the CBI Office; Ensures that necessary paperwork is submitted in accordance with 40 CFR, Part 2, Subpart B to enable Office of General Counsel (OGC) to'make a final determination as to whether information that ------- has been received is entitled to confidential treatment; Authorizes necessary reproduction of CBI and ensure that CBI is reproduced only under the supervision of the CBI Manager as described in Section III-H; Ensures that memos, notes and reports from telephone conversations, visits, inspections, or tests are protected as CBI and filed in the CBI Office until a determination is made regarding the status; Ensures that CBI is not used in publications or improperly released in any document; Initiates the process for destruction and disposal of CBI material; Ensures that CBI to be transferred or mailed is processed by the CBIO for wrapping and disposition; Ensures that any CBI received associated with his/her project is logged by the OAQPS CBI Office; Authorizes Contractor to return CAA CBI files to the OAQPS CBIO when the information is no longer needed and determine disposition of returned files; and Reports cases of wrongful disclosure or possible compromise of CAA CBI to appropriate Group Leader, OAQPS DCO or CBI Manager and cooperate with investigations conducted under the CAA CBI security program. 5. Employees Contractor/subcontractor and Federal, State and Local employees are responsible for the following: Complies with all applicable procedures in this manual; Complies with all CBI procedures set forth in the applicable contract; Maintains possession of CBI until returned to the CBIO; ------- Stores CAA CBI in the CBIO only; Discusses CBI only with authorized persons; Ensures that any CBI received directly is sent immediately to the OAQPS CBIO for storage and proper logging; Ensures that CBI is not used in publications or improperly released in any document; Reports alleged violations of security procedures to the CBIO immediately; Ensures that memos, notes, and reports concerning CBI obtained from telephone conversations, visits, inspections, inquiries, or tests are protected as CBI and filed in the CBIO. 10. Contractor Document Control Officers Contractor's management must nominate a Contractor Document Control Officer (CDCO) and a Contractor Document Control Assistant (CDCA) approved by OAQPS. The CDCO controls the receipt, storage, and handling of CAA CBI by employees in their facilities and manages a document tracking system. a. CDCO responsibilities include: Serves as the principal contact for OAQPS regarding the security and control of CAA CBI; Provides security plan for safeguarding CAA CBI; Maintains a secure CBI facility; Conducts CAA CBI briefings (including testing) for persons designated by the OAQPS Group Leader as having a need-to-know specific CAA CBI to perform their work. Obtains signed Authorization for Access to CAA CBI for Contractor Employees, CAA CBI Form 3 (Appendix B) from each contractor employee who will have access to CAA CBI before the employee is granted access. The original of this completed form shall be forwarded to the OAQPS CBI Manager. Conducts annual briefings and testing in support of the CAA CBI education and training program. ------- Inspects facilities and review CAA CBI procedures of subcontractors and obtain OAQPS's approval. The OAQPS DCO shall accompany the CDCO on inspections. Maintains a list of contractor employees who are authorized access to specific CAA CBI, including those authorized for computer access, and releasing CAA CBI only to those employees. Reviews and update access lists continuously of employees with a need-to-know specific CAA CBI; and notify OAQPS CBI Manager immediately of any changes; Provides guidance, technical assistance and administrative support to contractor employees on all matters concerning CBI security; Establishes, maintains, and controls a CAA CBI file system (including disposition) in compliance with OAQPS' CAA CBI Records Management System; Logs in and out all CAA CBI documents, summaries, tabulations, and materials to users; Maintains a CAA CBI document retrieval system; Releases CAA CBI only to employees authorized access; Ensures all CAA CBI is properly stored when not in use ; Ensures CAA CBI is properly wrapped and dispatched; Maintains an inventory of all CAA CBI, conduct periodic audits, and submit inventory annually to OAQPS CBI Manager; Destroys drafts and working papers; Maintains in a secure location a record of combinations of all locks, safes, and cabinets that contain CAA CBI, and ensure combinations are changed annually, or whenever anyone who knows the combination terminates or transfers employment; Reports alleged violations of contractor security procedures immediately to contractor management and the OAQPS DCO; and ------- Obtains a signed Confidential Agreement for Contractor Employees Upon Relinquishing CAA CBI Access Authority, CAA CBI Form 5 (Appendix B) for any employee who terminates employment or transfers to a position not requiring access to CAA CBI. One copy of this completed form shall be forwarded to the OAQPS CBI Manager. Whenever CDCOs terminate their employment or relinquish their responsibilities, an inventory of CAA CBI materials must be performed within 30 days of their departure. b. Contractor Document Control Assistant The Contractor Document Control Assistant (CDCA) will perform the aforementioned CDCO responsibilities in the absence of the CDCO. 10 ------- SECTION II. EDUCATION AND TRAINING A. OVERVIEW The Confidential Business Information (CBI) education and training program is conducted by the OAQPS CBI Manager under the direction of the OAQPS DCO. Group Leaders and contractor management must arrange for employees to be available for briefings in support of the CBI program. Designated employees must meet all requirements of the program to obtain and maintain access to CAA CBI. B. INITIAL BRIEFING All access designees shall: 1. read this manual; 2. receive a briefing on the responsibilities and procedures for proper handling of CAA CBI; and 3. pass a competency test at the end of the briefing. After receiving the briefing and passing the competency test, each employee will sign an Authorization for Access to CAA CBI for Federal Employees, CAA CBI Form 2 or CAA CBI Form 3 for contractors (Appendix A). Employees may then be approved for access to specific CAA CBI and their name placed on the authorized project access list. C. ANNUAL BRIEFING Federal and contractor employees approved for CAA CBI access must maintain their access authority by attending an annual security briefing and passing a written test. Annual briefings will be given in the month of employee's initial access. Employees who fail to attend their last annual briefing will be given an opportunity to attend other scheduled briefings. If they fail to attend a makeup session, within 3 months of expired access, their names will be removed from the OAQPS CAA CBI Authorized Access List. The OAQPS CBI Office will notify the Group Leader of the suspension. If the employee fails to attend the next scheduled briefing within 30 days of the suspension notice, the employee must relinquish authorized access to CAA CBI. The employee must return all CBI materials which they may have in their possession to the CBI Office and sign a Confidential Agreement for U.S. 11 ------- Employees Upon Relinquishing CAA CBI Access Authority, CAA CBI Form 4 (Appendix C) or CAA CBI Form 5 for contractors (Appendix B) . If access to CAA CBI is relinquished, the Group Leader must renominate the employee to access CAA CBI, direct the employee to attend a briefing, and obtain authorization to access CAA CBI by completing CAA Form 2. D. TERMINAL BRIEFING All employees who have been granted access to CAA CBI shall receive a terminal briefing and sign a Confidential Agreement for U.S. Employees Upon Relinquishing CAA CBI Access Authorized, CAA CBI Form 4 or CAA CBI Form 5 (contractors) when they terminate their employment or transfer to a position in which CAA CBI access is not required. 12 ------- SECTION III. DISCLOSURE OF CAA CBI A. OVERVIEW This section discusses minimum procedures required to ensure the security of Confidential Business Information (CBI) during authorized disclosures. The holder of CAA CBI (the person authorized access to specific CBI) is responsible for protecting it from persons not authorized access to it. CAA CBI shall not be left unattended; and when work with CBI materials is completed or suspended, all materials containing CAA CBI (originals, drafts, memos, and notes) shall be taken to the CBI Office for storage. Holders of CAA CBI shall not allow unauthorized persons to view CAA CBI materials nor shall holders discuss CAA CBI with persons not authorized access to it. B. DISCLOSURE TO OTHER FEDERAL, STATE OR LOCAL AGENCIES EPA regulations at 40 CFR Part 2 allow disclosure of CBI to another Federal or State agency in either of two circumstances: When the official purpose for which the information is needed by the other agency is in connection with its duties under any law for protection of health or the environment or for specific law enforcement purposes; or When disclosure is necessary to enable the other agency to perform a function on behalf of EPA. In either circumstance, the BSD Director must be notified immediately via the OAQPS DCO upon receipt of a request for documents or information requiring access to CAA CBI. In addition, the procedures described below must be followed before CAA CBI may be disclosed to other agencies. These procedures do not apply to disclosure of CAA CBI to individual employees of other agencies performing functions on behalf of OAQPS where access is confined to OAQPS premises. EPA may disclose CAA CBI to other Federal, State or Local agencies upon the written request from the agency. Because of the time needed for processing, the written request should normally be directed to the BSD Director at least 30 days prior 13 ------- to the time access is needed. The request must be signed by an official of the other agency who is at least equivalent in authority to an BSD Director. It should state specifically the information to which access is requested. The official purpose for which the CAA CBI is needed should be set forth in detail as well as any other pertinent information, such as previous efforts to obtain the information. The need must be in connection with the agency's duties under a law for the protection of public health or the environment or for a specific law enforcement purpose. CAA CBI may be given to States or Local agencies with the written permission of the submitter. Also, it may be possible to aggregate data or sanitize documents containing CAA CBI without disclosing information claimed as CBI. NOTE: TSCA and FIFRA CBI maintained in OAQPS (by OAQPS) may not be disclosed to States. 1. Non-disclosure Agreement In addition, as part of its written request, the other agency must agree in writing (Appendix L) not to disclose further any information designated as confidential unless it meets the following conditions: It has statutory authority both to compel production of the information and to make the proposed disclosure and, prior to the disclosure, it has furnished affected business with at least the same notice that EPA would provide under its regulations; It has obtained the consent of each affected business to the proposed disclosure; and It has obtained a written statement from the EPA Office of General Counsel or an EPA Regional Counsel that disclosure of the information would be proper under EPA's regulations. 2. Notice to Affected Businesses When disclosure is requested by another agency, OAQPS must give the affected businesses at least 10 calendar days notice before granting access to the other agency. Notice to the affected businesses may be given by FEDERAL REGISTER notice, registered mail (return receipt requested) , or telegram. The notice is usually be prepared by the Project Officer at the beginning of a contract and must include: The identity of the agency to which CBI is to be disclosed; 14 ------- The official purpose for the access; Whether access is authorized only on EPA premises or also at the other agency's facilities; A non-confidential description of the specific information to be disclosed; and The period of time for which access to the CBI is authorized. 3. Before Approval The BSD Director will notify the requesting official of the other agency acknowledging receipt of the written request and will issue the required notice to affected businesses. The BSD Director will also notify the requesting official from the other agency if approval is not granted. 4. Before Disclosure Before CAA CBI may be disclosed, the BSD Director must notify the other agency that the information being disclosed is classified as CAA CBI, that it was acquired under authority of the CAA, and that any unauthorized disclosure of the information may subject employees of the other agency to criminal penalties. C. DISCLOSURE TO EPA CONTRACTORS AND SUBCONTRACTORS EPA's regulations (40 CFR, Part 2) allow disclosure of CAA CBI to contractors and subcontractors when disclosure is necessary to enable the contractor to perform work on a contract. Notice to affected businesses must be given before CAA CBI is disclosed to the contractor with the same requirements as indicated above. D. DISCUSSING CBI ON THE TELEPHONE Federal and contractor employees with CAA CBI access may discuss CAA CBI on the telephone with other individuals who are authorized access to the specific CBI. However, caution must be used because interception of telephone communications is an easy means by which unauthorized persons may obtain CBI. Each party to a telephone call is responsible for verifying that the other is authorized access to the specific CAA CBI to be discussed. Access authority can be confirmed by referring to the CAA CBI Authorized Project Access List. The individual who initiates a discussion that is to include CAA CBI must indicate that the conversation will involve specific CBI. Interoffice 15 ------- communication systems (i.e., speaker phones) should not be used to discuss CAA CBI if conversations may be overheard by unauthorized persons. 1, Telephone Memorandums Federal and contractor employees shall complete a telephone memorandum, Memorandum of CAA CBI Telephone Conversation, CAA CBI Form 6 (Appendix C) for all telephone calls in which CAA CBI is discussed. Telephone memorandums must be submitted to the CBI Office for filing on the day of the call or the following workday if the call was made after 4:00 p.m. 2. Telephone Calls With Providing Organizations OAQPS employees, contractors and subcontractors may discuss CAA CBI from a providing organization with an employee of that organization. Before discussion begins, the employees must: Verify the identity of the providing organization's employee with whom they are speaking; Inform the providing organization's employee that the telephone lines are not secured; Assure the providing organization's employee that a telephone discussion of CAA CBI with a Federal or contractor employee does not constitute a waiver of any claim of confidentiality; and Inform the providing organization's employee that any further information provided in the telephone conversation can be claimed as confidential. E. CAA CBI DISCLOSED AT MEETINGS OAQPS offices or its contractors that host or convene any meeting (conference, symposium, seminar, exhibit, convention, scientific, or technical gathering) of two or more people, at which CAA CBI is disclosed shall take appropriate security- measures. The OAQPS CBI Manager shall be informed that a meeting is scheduled when CAA CBI materials must be reproduced for use at the meeting. Requirements include, but are not limited to, those listed below. 1. Access All persons attending the meeting must be cleared for access to the specific CBI being presented and be positivelv identified before CBI is revealed. If non-OAQPS personnel are 16 ------- present, the meeting chairperson must provide a CAA CBI Meeting Sign-In Sheet, CAA CBI Form 7 (Appendix D) as a meeting record. The following information shall be recorded: date, time, place, chairperson, and subject. All persons attending the meeting must sign this sheet. All sign-in sheets shall be delivered to the CBI Office by the close of the next business day after the meeting. 2. Chairperson's Duties The meeting chairperson is usually the person who schedules and organizes the meeting. The chairperson is responsible for ensuring (by referring to the specific CAA CBI Authorized Access Lists) that only persons authorized access to the specific CBI to be discussed at the meeting are in attendance when the discussion involves CBI. Non-cleared attendees must be excused from the meeting by the chairperson before CAA CBI is discussed. The chairperson must also ensure that the meeting room is cleared of all CAA CBI materials after the meeting. 3. Chairperson's Limitations Work Assignment Managers shall inform the chairperson of any restrictions that must be imposed on a presentation because of the CAA CBI or of need-to-know restrictions on certain members of the audience. The chairperson is responsible for seeking that information, and for keeping disclosures within the limits prescribed. 4. Notes or Recordings The meeting chairperson must remind those in attendance of their duty to treat as confidential any notes or recordings taken at the meeting and submit them to the CBIO for storage until the CBI status of the material can be determined. 5. Safeguarding Notes, minutes, summaries, recordings, proceedings, and reports on the CAA CBI classified portions of the meeting must be safeguarded and controlled throughout the meeting. Any CAA CBI material generated or received as a result of the meeting, as appropriate, shall be forwarded to attendees by an approved means of transfer and when the meeting ends rather than being hand-carried by attendees from the meeting site. 17 ------- 6. Controls Physical and technical security controls shall be established to control access. The meeting room shall be cleared of all CAA CBI materials after the meeting. This includes cleaning all chalkboards, returning any unneeded CAA CBI materials to the CBI Office for destruction, and ensuring that nothing is left in the room that could lead to the unauthorized disclosure of CAA CBI. 18 ------- SECTION IV. CATEGORIES OF CAA CBI A. OVERVIEW This section provides instructions on how Confidential Business Information (CBI) is categorized. B. ORIGINAL CBI Original CAA CBI is generally obtained under Section 114 of the Clean Air Act in two basic forms. It is usually received in the form of a request response from a solicited business or from a trip report submitted by an OAQPS employee or a contractor employee after visiting a solicited business. Because data-gathering visits, plant inspections, and source testing can involve inadvertent receipt of CBI, it is the policy of OAQPS to protect all parties involved. Prior to or at the inception of a plant inspection, data-gathering visit, or source test, OAQPS representatives discuss with the responsible industry- official the information sought, how it is to be used, and how it is to be protected. Following an inspection, visit, or test, a trip report is prepared to include, as practicable, all information received by OAQPS or its authorized representatives during the visit or test. A copy of the report is forwarded by OAQPS to the responsible industry official for review. The responsible industry official is requested by cover letter to review the report, clearly mark any information considered to be confidential, and return the marked report within the specified timeframe. The original is kept in the CBI Office with a "pending" disposition until the marked copy is returned by the business firm. When the reviewed copy of the report, as marked by the responsible plant official, is received by OAQPS, information designated confidential is placed in the OAQPS CAA CBI permanent inventory. If the report is determined to be nonconfidential, the business firm will so note or not respond by the requested date. Therefore, the document is either sanitized and unneeded CAA CBI is destroyed, or is returned to the business firm. C. DERIVATIVE CBI Derivative CBI is the result of incorporation, paraphrasing, restating, or generating information from original CBI. Along with the file or record copy of a newly created CBI document, the OAQPS CBI Manager must keep a copy of the source document or 19 ------- sufficient identifying information from the source document. This information includes the originator's name and title and the date received. The OAQPS WAM's name, title, and office must also be shown on the new document. NonCBI documents may be created from CAA CBI documents by deleting, masking or aggregating the CBI so it cannot be linked to its source. In all instances, the Group Leader must have prior knowledge of the intent, and approves the final nonCBI document. 20 ------- SECTION V. CAA CBI MARKINGS A. OVERVIEW This chapter explains how materials that have been claimed as CAA CBI materials must be marked. B. CBI STAMPS Both original and derivative CAA CBI documents are stamped on the first and last page "Subject to Confidentiality Claim. " See Appendix E for additional CAA CBI stamps or markings. C. COMPUTER OUTPUT Documents that are generated as computer output may be marked automatically by systems software. If automatic marking is not practicable, these documents must be marked manually - Removable storage media and devices used with ADP systems, typewriters, or word processing equipment shall bear both external (affixed) and internal (software generated) CBI markings. Documents produced by ADP equipment shall have at a minimum their first page and their last page marked. D. SPECIAL CATEGORIES OF MATERIALS Markings are conspicuously stamped, printed, written or affixed on classified material other than paper documents. If this is not practicable, the containers of such material shall be marked. The means by which material is marked varies according to the physical characteristics of the material and organizational and operational requirements. 1. Charts, Maps, and Drawings The markings on charts, maps, and drawings are inscribed both at the top and the bottom of each document. When the document is unfolded, the classification marking shall be clearly visible on each folded portion. The marking must also be visible when the document is rolled or folded for storage. 2. Photographs, Films, and Recordings Photographs must be marked as confidential. Their containers are also marked. The markings on each transparency or slide must be on the image and on the holder or frame. Classified motion picture films and videotapes are marked at the 21 ------- beginning and end with a clear statement of classification. The containers or reels on which they are kept are also marked. 3. CAA CBI Waste Such documents and materials as rejected copy, typewriter ribbons, and carbons used in working with confidential information shall be handled in such a way that the information is adequately protected. Unless these documents and materials are destroyed immediately, they must be marked. Section XI, gives instructions for disposal and destruction of CAA CBI. 22 ------- SECTION VI. ACCESS TO SPECIFIC CAA CBI A. OVERVIEW This section describes policies and procedures for allowing access to Confidential Business Information (CBI) and for dissemination of CAA CBI to EPA contractors. No person has a right of access to CBI by virtue of organizational title or position alone. A person must also have a need-to-know specific CBI before access is granted. There is a responsibility to the organization providing CAA CBI to protect its information and a parallel responsibility of OAQPS employees and contractors to minimize their liability. C. FEDERAL EMPLOYEE ACCESS Care in granting access to CBI is important in ensuring a secure CBI system. A secure CBI system requires the continuous updating of the employee Authorization Access List (AAL) ensuring attendance of yearly briefings, and the continuous updating the specific Project AAL to reflect current, employee work assignments. 1. Procedures Upon determining that an OAQPS employee needs access to CAA CBI, Group Leaders nominate those employees for access by having them sign an Authorization for Access to CAA CBI for Federal Employees, CAA CBI Form 2 (Appendix A) and forward it to the CBIO. The CBI Manager reviews and signs the form; after verification of attendance of a security briefing and passing of the written test (as explained in Section II, Education and Training). Forms are forwarded to the employees' Division Director for signature approving access to CAA CBI for the nominated employee. Approved forms are returned to the CBIO for filing. See Figure 1 for steps in obtaining access to CAA CBI. In addition, responsible Group Leaders must designate employees who have a need-to-know specific CAA CBI in order to access individual projects by submitting an authorization (memo) to the CBI Manager (Figures 2 and 3). The authorization may include EPA employees and contractor personnel who require access to specific projects containing CBI. 23 ------- Gaining Access to CAA CBI GROUP LEADER NOMINATES Employee Needing Access EMPLOYEE ATTENDS CBI Briefings i EMPLOYEE PASSES Written Test I EMPLOYEE SIGNS Confidentiality Agreement I DIRECTOR, ESD Approves Employee Access 1 GROUP LEADER DESIGNATES Access to Specific CBI i CBI OFFICE MAINTAINS Authorized Access Lists Figure 1 24 ------- EXAMPLE MEMORANDUM SUBJECT: Authorization for Access to CAA CBI Files FROM: Group Leader Specific Group, OAQPS, MD-13 TO: Melva Toomer, CBI Manager OAQPS, MD-13 ESD Project Number and Title: 13/15 Silk NESHAP 11/11 Mineral Water NESHAP Description of Material: Any material received as a result of developing the NESHAP for the silk manufacturing industry or the mineral water production industry. Please add the following individuals to the authorization access lists for these projects: 13/15; Jack Johnson, Southern Triangle Institute (STI) John Clinton, GOB Jackie Red, WIG Sandy Whitehair, OLD 11/11; Joe Black, Nancy White, Lisa Blue Bill Clinton, Newt Whathisname; (STI) (name) Group Leader (name) of Specific Group Figure 2 25 ------- EXAMPLE MEMORANDUM SUBJECT: Changes to CAA CBI Authorized Access List FROM: Group Leader OAQPS,ESD(MD-13) TO: Melva Toomer, OAQPS CBI Manager (MD-13) Jack Redman has taken over the lead on the Polly and Crackers project (CBI # ), which was previously manager by U. Know Who. Please add Jack's name to the list of authorized users for the Polly and Crackers confidential business information projects. At least for now, U. Know Who should remain on the list for access. Also, please remove the following individuals from the authorized access list: Jack Sprat, (XXX) Jack Jones, (XXX) Jill Smith. (XXX) These people are from XXX and are are no longer involved with this project. Figure 3 26 ------- ** NOTE: Approval of CAA Form 2 does not automatically allow access to all individual projects. ** Administrative support personnel, DCOs, and DCAs, CDCOs, CDCAs etc. may obtain administrative access to CAA CBI to provide typing, word processing, supervised reproduction, courier, and document handling support of CAA CBI. This access may be granted upon nomination, attendance of briefing and passing written test and does not require designation by Group Leaders to access specific CBI. Federal or contractor employees who requires on-line access to a CBI computer system or database must also complete a Computer Request, Approval, and Registration for CAA CBI Computer Access, CAA CBI Form 10 (Appendix G). See Section X, CAA CBI Computer Security. Other EPA employees (outside of OAQPS), who have a need-to-know specific CAA CBI may request OAQPS CAA CBI access authority. An Authorization for Access to CAA CBI for Federal Employees, CAA CBI Form 2 (Appendix A) must be requested from the OAQPS CBIO, completed and returned. In addition to completion of this form, the requested CAA CBI and the OAQPS WAM responsible for that CBI must be identified. The WAM is responsible for ensuring completion of this form, obtaining approval of the Group Leader, and submission to the CBIO. Upon receipt of CAA Form 2, approval by the Group Leader and the requestors management (equivalent to the BSD Director or higher) and at the direction of the OAQPS DCO, a Letter to the CBI requesters Outside OAQPS is prepared for the BSD Director's signature (Appendix 0). Also, a Confidential Business Information Security Agreement, CAA CBI Form 15 (Appendix L) is included along with the letter being sent to the requestor. After the signed security agreement is returned by the requestor, a Letter to Accompany CAA CBI Transferred Outside OAQPS (Appendix O) is prepared for the BSD Director's signature, the WAM verifies CAA CBI to be transferred, and the CBIO will properly package and transfer materials. 2. Authorized Access Lists Upon receiving approval for access to CAA CBI employee names are placed on the OAQPS CAA CBI Authorized Access List. When the Group Leader designates an employee for access to specific CBI, the name is placed on the OAQPS Authorized Project Access List. These access lists are used as a reference to determine whether an individual is currently authorized to access CAA CBI and what specific CBI they are authorized to access on a need-to-know basis. 27 ------- The CBI Manager provides Group Leaders with both access lists on a regular basis to determine whether any names of employees within their jurisdiction should be added or deleted. Group Leaders confirm the names listed or make appropriate changes if assignments are shifted or employment terminated and return the list to the CBI Office to use in updating the "official" OAQPS CAA CBI Authorized Access Lists. D. WITHDRAWAL OF CLEARANCE CAA CBI clearances are withdrawn as a result of a Federal or contractor employee no longer having a need to access CAA CBI. 1. Periodic Review All CAA CBI accesses will be reviewed periodically to minimize the number of people authorized access. A Group Leader may determine that a currently cleared Federal or contractor employee no longer requires access to specific CAA CBI for the performance of official duties and obligations. Should that happen, access is withdrawn. 2. Removal From Access The name of employees who no longer need access to CBI is removed from the CAA CBI Authorized Access Lists. Access is terminated under the following circumstances: termination of employment; termination of duties requiring access to CBI; and failure to attend the yearly briefing and pass the written test explained in Section X, Education and Training. E. CONTRACTOR EMPLOYEE ACCESS 1. Prerequisite The respective program Project Officers shall notify the OAQPS Document Control Officer immediately upon determining that a prospective contract may require that the contractor be granted access to CAA CBI. The following information must be furnished: The name of the prospective contractor and the location of the contractors facility. A copy of the statement of work. 28 ------- Whether the facility is to receive and store CBI under the contract. 2. Conditions Contractors may not receive access to CAA CBI until the contractor meets the following conditions: Obtain OAQPS approval for access to CAA CBI; Prepare and have OAQPS approve a security plan; Have the contractor site inspected and approved by OAQPS; Nominate and train a Contractor Document Control Officer (CDO) and a Contractor Document Control Assistant (CDCA) acceptable to OAQPS; and Obtain OAQPS approval from responsible Group Leader for access to specific CAA CBI for each contractor employee required to work with CAA CBI. 3. Obtaining Approval When access to CAA CBI is necessary, the contractor must complete a .Request for Approval of Contractor Access to CAA CBI, CAA CBI From 11, (Appendix H). The form must explain the reasons CAA CBI access is necessary under the contract. The OAQPS WAM must forward the form and Contractor Information Sheet, CAA CBI Form lla, (Appendix H) to his/her Group Leader, who will sign the form as the requesting official and forward it and the information sheet to the OAQPS DCO for review. The OAQPS DCO will then send the form and the information sheet to the BSD Director for final approval. After the above prerequisites and conditions for contractor access have been met, the OAQPS WAM confers with contractor officials to determine which projects and which employees will require CAA CBI access. Upon receiving the requirements for contractor employee access to CAA CBI, the CDCO will have the designated employee(s) attend an initial briefing, pass a written test, and sign an Authorization for Access to CAA CBI for Contractor Employees, CAA CBI Form 3, (Appendix A). Employees' name will then be placed on the OAQPS Authorized Project Access List. Employees requiring access to computerized CAA CBI must also complete a Request, Approval and Registration for CAA CBI Computer Access, CAA CBI Form 10, (Appendix G). The originals of these forms are also forwarded to the OAQPS CBI Manager for the record. See Figure 4, Steps in Obtaining Contractor Access to CAA CBI. 29 ------- Steps in Obtaining Contractor Access to CAA CBI Obtain Approval from Director ESD to access CAA CBI 1 Prepare an Adequate Security Plan Pass OAQPS DCO Inspection of Site I Obtain Approval of Contractor Employees as CDCO and CDCA i CDCO Brief and Test Employees on Security Procedures Obtain Approval for Individual to Access Specific CBI Figure 4 30 ------- 4. Security Plan The contractor must prepare and OAQPS must approve a security plan for access to CAA CBI at a location away from the OAQPS headquarters facilities. Security plans must describe physical security mechanisms at the contractor's site and procedures to be followed by employees when handling CAA CBI at the site. The procedures set forth and the OAQPS forms in the appendices are intended to serve as guidelines for the preparation of contractor security plans and need not be incorporated verbatim in the plans. However, contractor security plans must equal or surpass the security standards set forth in this manual. The following is an outline of a Security Plan. CDCO responsibilities Access procedures Accountability system Pending file system CAA CBI storage CAA CBI transfers CAA CBI safeguards (including disaster prevention, preparedness, and recovery plan) Security violations Education and training Computer security (if applicable) The OAQPS DCO is responsible for reviewing contractor security plans, discussing any perceived deficiencies with the OAQPS Project Officer (PO) and the contractor, and sending a memorandum through the PO to the Contracting Officer either approving or disapproving the security plan. In addition, the OAQPS DCO must provide for inspection and approval of the contractor's facilities before CAA CBI may be received. All facilities authorized for CAA CBI access are inspected by OAQPS on an annual basis. If during an inspection, there are only minor problems with the security plan, the OAQPS CBI Manager Officer will work with the contractor to correct them. If there are major deficiencies, the contractor may be given 30 days to correct the deficiencies. The contractor shall conduct periodic 31 ------- internal audits of its facilities, employees, and the CAA CBI security system to ensure compliance with its security plan. Records of such audits will be available upon request. 5. Contractor DCO/DCA Requirement Prior to the commencement of access to CAA CBI, contractor management must nominate contractor employees who will serve as CDCO/CDCA and obtain approval by OAQPS. The CDCO/CDCA must be trained in proper CAA CBI handling proocedures prior to being assigned to their positions. CAA CBI Security Manuals are provided, and the CDCO/CDCA may attend a CAA CBI briefing offered by the OAQPS CBI Manager. The requirement that a CDCO be assigned before actual access may begin applies even if access to CAA CBI under the contract is limited to the OAQPS headquarters facilities. The CDCO serves as the liaison between OAQPS and the contractor on issues relating to CAA CBI and plays important roles in requesting and maintaining access authorization for individual contractor employees and in handling CBI. The CDCA is a back-up for the CDCO. 6. Completion of Contracts Upon completion of the contract, the CDCO must inventory all CBI materials and report the results to the OAQPS CBI Manager. Within 30 days of contract completion, the contractor must collect all CBI materials and document control materials, including logs and control records (see Section VII) and transfer them to the OAQPS CBI Manager. The OAQPS CBI Manager will inventory the materials, the WAM will review the materials, determine disposition, and initiate procedure for destruction of unneeded CBI materials. 7. Authorized Access Lists The contractor must maintain CAA CBI Authorized Access Lists the names of individuals with CAA CBI access and specific project access authorization and submit an updated list to the OAQPS CBI Manager monthly. The list is used to ensure only individuals with CAA CBI access authority can obtain materials from the CDCO. 8. Withdrawal of Access When a contractor employee no longer require access to CAA CBI, the CDCO have the employee sign a Confidential Agreement for Contractor Employees Upon Relinquishing CAA CBI Access CAA CBI Form 5, (Appendix B) . Remove their name from the authorized access list and forward a copy of CAA CBI Form 5 to the OAQPS CBI. Manager. 32 ------- A. OVERVIEW This section describes how Confidential Business Information (CBI) either originated by OAQPS or its contractors as derivative CBI or received as original CBI is identified, protected, logged, controlled, and managed. When any OAQPS employee or contractor employee receives or otherwise obtains materials containing or suspected of containing CBI, they shall deliver those materials immediately to the CBI office for proper logging and storage. B. INTENT The OAQPS CAA CBI Records Management System must be able to trace the movement of CBI, identify the persons authorized access to it, detect its misplacement and make prompt retrieval possible. The OAQPS CAA CBI Records Management System ensures these objectives are accomplished by the maintaining authorized access lists, assigning unique numerical identifiers (CBI control numbers) to each document, maintaining an automated inventory of all documents submitted/logged into the system, and by monitoring the movement of CBI through manual or automated logs, records of receipt, usage, and transmission. All material submitted to OAQPS and all material generated at OAQPS containing information claimed to be CBI are controlled through the OAQPS CAA CBI Records Management System. C. CAA CBI RECORDS MANAGEMENT SYSTEM The foundation of the OAQPS CAA CBI Records Management System includes the following basic items: Automated database (all CBI re: TSCA, CWA, FIFRA, etc.) Control Records (for each item in the system) Custody Receipts (for transfer of material) Cover Sheets (for document protection/identification) Certificates of Destruction Pending Log (for new material) Inventory (by project, WAM, disposition, etc.) Employee Authorized Access List Project Authorized Access List 33 ------- 1. Automated Database An automated database is used to record pertinent information on CAA CBI materials filed in the CBI Office and persons authorized to access specific CAA CBI, and contains the following information. Date received Date of document Number of copies CBI control number Project name Document description Provider identification Transfer information Destruction record Authorized clearance access Various reports may be generated on a routine basis or when requested by management. They are: Complete inventory of all CBI documents including disposition (pending, permanent inventory, destruction, declassification, etc.); Listing by specific regulating Acts; Listing by specific CBI projects; Listing of documents assigned to individual WAMs; and Listings of authorized personnel (EPA and contractors). The CAA CBI database is continuously updated and allows the CBI Manager to determine the disposition of documents, retrieve documents in a timely manner, and to generate an accurate up-to-date inventory on a monthly basis or when requested. 2. CAA CBI Control Record CAA CBI Control Record, CAA Form 1 (Appendix J) is placed in each CAA CBI file as a permanent record of access. It also provides the reproduction record, transfer information, destruction record and any other pertinent information about the document. The Control Record facilitates timely and accurate accounting for CAA CBI material during the work day. Each user of CAA CBI must sign and date the Control Record each time access is granted. The Control Record is extracted from the file and retained by the OAQPS CBIO or contractor CBIO as a receipt for the material while it is checked out. It is signed and dated by 34 ------- the OAQPS CBI Manager or CDCO upon the return of the CAA CBI material and filed in the appropriate folder with the material. When a CAA CBI document is declassified or destroyed, the CAA CBI Control Record must be retained for a period of three-years after the completion of a project or until the specific CAA CBI project file has been reconciled. 3. Cover Sheets A CAA CBI Cover Sheets, CAA Forms 8 and 9 (Appendix F) is an yellow sheet of paper inscribed with a claim of confidentiality and handling instructions. The Cover Sheet conceals the front of each document and should not be removed. 4. Custody Receipts CBI Custody Receipts are discussed in Section VIII, Transferring CBI. 5. Pending Log The CAA CBI Pending Log, CAA CBI Form 13 (Appendix I) is used to account for all CBI materials upon initial receipt at OAQPS pending a decision by the appropriate WAM. The WAM reviews materials and removes nonCBI and, upon determining the accuracy of information contained within and confirming the confidentiality of that information has the documents logged into the OAQPS CAA CBI Inventory- WAMs are contacted every 30 days to determine the status of materials stored as pending and to solicit further instructions concerning the disposition of these materials. CDCO shall contact their employees to determine the status of materials with a pending disposition and solicit further instructions concerning materials if there has been no action within the preceding 30 days. 6. Inventory The CAA CBI Inventory Log, CAA CBI Form 12 (Appendix I), is also maintained by the CBI Office. This inventory must have an accurate nonCBI description of each document. The Inventory Log includes the following information: Date of document CBI control number Provider Project name Number of copies Initials of the CBI Manager Disposition 35 ------- Inventory date It identifies all CBI material for which OAQPS is accountable; An inventory of CBI material is conducted at least once a year, during which time each CBI file is reviewed and purged of unneeded materials. D. OBTAINING CBI DOCUMENTS Employees and contractors who are authorized access to specific CAA CBI may obtain CBI materials from the OAQPS CBI Office from 7:30 a.m. - 12:00 noon and 1:00 p.m. - 4:30 p.m., Monday through Thursday, and Fridays 7:30 a.m. - 3:00 p.m. The CBI Office must verify that the employee is authorized access to the specific CBI that is requested. Employees must sign the CBI Control Record upon receipt of the document and safeguard CBI materials while in their possession. Employees must return the CAA CBI materials to the CBI Office no later than 4:30 p.m. Monday - Thursday, and 3:00 pm on Fridays. Any time an employee relinquishes physical custody of the CAA CBI (lunch or at the end of the day), he/she must obtain a release of responsibility for the document by having the CBI Manager signed and dated the Control Record. (Direct transfer of CBI materials between employees is not permitted). CBI materials may only be transferred through CBI offices or DCOs. E. CAA CBI DOCUMENT CONTROL NUMBERS The CBI Office assigns an individual control number to each CAA CBI document. The number consists of a least ten digits (e.g., 94111-C02-09). The first five digits are the fiscal year and project identification number; first two numbers are the fiscal year the document was initially received and next three numbers are assigned for each specific project (e.g., 94111); the next three digits identifies the responsible group and WAM (e.g., COS); and the last digits refers to the number of documents submitted to the CBIO from the employee on the specific project. The CBI control number is placed on the cover sheet, the first page, and on the back of the last sheet or back cover of the document. The number is also placed on the custody receipts for identification purposes. F. CREATING CBI DOCUMENTS Documents and other materials generated by OAQPS or its contractors that use information from CBI documents frequently become CBI themselves. 36 ------- 1. Working Papers Newly created CBI is at first in the form of working papers pending the creation of new CBI documents. The category of CAA CBI working papers includes materials such as notes and outlines; initial drafts of documents; computations, drawings, and diagrams; and pending documents. Working papers are stamped as PENDING CBI, provided a CBI Control Record and Cover Sheet, secured in the CBIO, and otherwise used and handled like any other CBI document except that they will remain labeled with a pending disposition until the WAM determine that they be logged into the permanent CAA CBI Inventory or destroyed. 2. Use in Meetings The author of a CAA CBI document may circulate copies of the document at a meeting if the author: Has the document reproduced in the OAQPS CBIO; Attends the meeting and is present when the document is discussed; Collects all copies of the document at the end of the meeting; and Submits all copies of the document for destruction to the OAQPS CBIO after the meeting. The CBI Office must number the copies i.e., 1 of 6, 2 of 6 and number the pages and ensure that every page of each copy is returned at the end of the meeting. All other procedures for general access and meetings (Section III-D and VI-B, CBI Disclosed at Meetings General Requirements) must be followed when CBI materials are circulated at meetings. 3. Twiner/Word Processing Requirements The author of a CAA CBI document may provide the document to a typist who is authorized access CAA CBI. The typist must return to the author the newly typed materials and the original draft when typing is completed. All materials used in typing documents containing CAA CBI, including word processing disks, ribbons, carbons, and waste paper must be treated as CBI and submitted to the CBIO for storage or destruction. The typist should not use the Local Area Network (LAN) for preparation of CAA CBI documents. Documents are to be prepared using the local version of the word processing program on the personal computer vs. the LAN version. Data, reports, etc., must be stored on a floppy diskette and submitted to the CBIO for proper logging and storage. 37 ------- G. CREATING NONCBI DOCUMENTS Materials produced from CAA CBI need not be confidential. Nonconfidential documents may be produced by deleting CBI from an existing document or by masking or aggregating the CBI so that it cannot be linked to its source. CBI can be replaced in a document with nonCBI data or generic descriptive terms data or terms derived from CBI data but that are not themselves CBI. NonCBI documents can also be created from information submitted by a providing organization which drops its claim of confidentiality, or for which EPA determines that the claim is not valid. In all instances, the Group Leader is responsible for ensuring that it contains no CBI. Materials produced using CBI must be treated as CBI until a determination is made by the Group Leader or providing organization. 1. Masking or Aggregating CBI Group Leaders must be consulted in advance by authors who wish to produce nonconfidential documents by masking or aggregating CBI. Group Leaders shall also review all submissions of masked and aggregate material to ensure that no CBI is exposed. The means of masking confidential data is the responsibility of the Group Leader and the WAM. 2. Dropped Claim to CBI If a providing organization relinquishes its claim of confidentiality, the document author must obtain a written statement from the provider before the information can be released to the public. 3. Determining Claim to Validity To determine that a claim of confidentiality is valid, EPA's Office of General Counsel (OGC) or an EPA Regional Counsel, where appropriate, must render a final determination pursuant to 40 CFR, Part 2, Subpart B. That determination is made based on a review of the submitter's responses to substantiation questions. If a claim is denied, the information may not be released for 30 days, during which time the providing organization may challenge EPA's determination in a Federal District Court. H. REPRODUCTION This subsection details the procedures for controlling and safeguarding CAA CBI reproduction or other copying. 38 ------- There is a risk of losing control over CBI whenever it is reproduced in hard copy and disseminated. Copying of CAA CBI material is limited to the minimum extent possible. 1. CBI Material Group Leaders or WAMs authorize the reproduction of CBI materials. Only the CBI Manager is authorized to make reproductions. The CBI Office enters additional copies of documents into the OAQPS Records Management System and records the distribution of reproduced copies. 2. Equipment Copy machines must be dedicated solely to CBI document reproduction while CBI documents are being copied, and the CBI Manager must directly supervise the machine while the CBI materials are being duplicated. Only persons authorized access to the specific CAA CBI being copied may be present while CBI materials are being reproduced. After copying is finished, the operator must pass three blank copies through the machine to ensure that any impressions on the image surfaces of the machine have been erased. 3. Broken Equipment If the equipment used for reproducing CAA CBI materials has a malfunction while in use, the CBI Manager must inspect the machine's paper path and image surface to retrieve any materials containing CBI that are caught in the equipment before the repair person is called. J. CDCO RECORD MANAGEMENT RESPONSIBILITIES Contractor DCOs must comply with the aforementioned requirements of this manual to ensure adequate safeguarding and handling of CAA CBI documents. CDCO may use sample CAA CBI Forms or design own in-house forms as long as required OAQPS information is available. 1. CAA CBI Control Numbers CDCOs may implement an internal CAA CBI control numbering system, but must cross-reference OAQPS CAA CBI Control numbers on custody receipts, inventories, derivative CBI, correspondence, etc. regarding specific CAA CBI. 39 ------- 2. CAA CBI Inventories CDCO must maintain an accurate nonCBI description of each document and in a CAA CBI inventory (see CAA CBI Form 12) . The CDCO shall conduct an inventory of all CAA CBI materials at least once a year during which time each CAA CBI file is reviewed. Any CAA CBI no longer needed must be returned to OAQPS. An inventory of all CAA CBI files shall be submitted to the OAQPS CBI Manager yearly. 3. Reproduction Copying of CAA CBI by contractors is limited to working papers, drafts of technical reports, drafts of trip reports, meeting handouts, and similar temporary documents. Copying must be done under the direction and guidance of the CDCO. 40 ------- SECTION VIII. TRANSFERRING CUSTODY A. OVERVIEW This section describes how custody of Confidential Business Information (CBI) is transferred. Before a transfer is initiated, the OAQPS CBI Manager or CDCO must verify the intended recipient is authorized to access the specific CAA CBI to be transferred. B. TRANSFERRING CAA CBI TO EPA CONTRACTORS AND PROVIDING PLANTS/FACILITIES CAA CBI documents are transferred by the OAQPS CBI Manager to contractor DCOs or authorized persons at the providing plant or facility. A CAA CBI letter of transfer (Appendix S) shall be prepared for the responsible Group Leader's signature to initiate the process of transferring CAA CBI. The WAM or employee delivers the letter of transfer along with the CAA CBI control number or sufficient information identifying the specific CAA CBI to be transferred to the CBIO. Upon review and approval, the document will be properly transferred. A CAA CBI Custody Receipt, CAA CBI Form 14 (Appendix K) is prepared in triplicate. The letter of transfer, custody receipt (and one copy) are enclosed with the transferred CAA CBI. The third copy of the custody receipt is retained by the CBIO as a temporary record of transfer until the signed original custody receipt is returned by the recipient or Domestic Return Receipt from the U.S. Postal Service is returned acknowledging receipt of the documents. A checklist for transferring CBI to a facility is as follows: WAM submits letter of transfer to Group Leader for signature; Letter of transfer and CAA CBI control number is submitted to the CBI Office; CBIO prepares the custody receipt, properly packages CAA CBI including letter of transfer; and CBI Office releases package to authorized contractor employee or mails package via registered mail or Federal Express. Pending CAA CBI documents (draft reports, revisions, telephone contact reports, etc.) are transferred to the 41 ------- contractor at the WAN's request via Custody Receipt. A Letter of Transfer signed by the Group Leader is not required. CAA CBI is transferred from OAQPS to contractor and from contractor to OAQPS. The Prime Contractor is responsible for the transfer of CAA CBI to their designated subcontractors. NOTE: The OAQPS CBI Office administratively handles all transfers for OAQPS. C. TRANSFERRING CAA CBI FROM CONTRACTORS TO OAOPS CAA CBI to be transferred to OAQPS should be identified and instructions given to the CDCO to return the material to the OAQPS CBI Office. The material being transferred must be listed on the CAA CBI Custody Receipt, CAA CBI Form 14 (including the OAQPS CAA CBI control number). Under no circumstances will contractors dispose of original CAA CBI materials that have been logged into the OAQPS Records Management System in any way other than returning them to the OAQPS CBI Office. Direct transfer of CAA CBI materials between contractor employees is not permitted. CAA CBI materials must be transferred through the CDCO only. D. TRANSFERRING CAA CBI TO GOVERNMENT AND STATE AGENCIES OUTSIDE OF OAOPS Upon receipt of a request for CAA CBI from a Government or State entity outside OAQPS and after it is determined that disclosure of the CAA CBI is allowed (Section III. B), a letter to the requesting agency is prepared for signature by the BSD Director to explain the procedures that must be followed prior to release of the information requested. A sample Letter to CAA CBI Requestors Outside of OAQPS is illustrated in Appendix O, and included along with the letter shall be a Confidential Business Information Security Agreement, CAA CBI Form 15 (Appendix L) The agreement must be signed by the requesting agency official equivalent or superior to the BSD Director. By signing this agreement, the agency official agrees to safeguard CAA CBI in a manner comparable with EPA's procedures as found in 40 CFR, part 2, Subpart B. When the signed agreement is returned, it shall be forwarded to the OAQPS CBI Office along with a Letter to Accompany CAA CBI Transferred Outside OAQPS (Appendix 0). This letter will constitute direction to the OAQPS CBI Manager to transmit the CAA CBI materials to the requestor. The CBI Office will send the materials, the letter and the original and one copy of a CAA CBI 42 ------- Custody Receipt, CAA CBI Form 14 (Appendix K) to the requestor. The third copy of the custody receipt will be retained as a temporary record of transfer until the signed original is returned acknowledging receipt of materials. E. CONFIDENTIAL BUSINESS INFORMATION SECURITY AGREEMENT A Confidential Business Information Security Agreement, CAA CBI Form 15 (Appendix L) must be signed by an official of a government entity requesting transfer of CAA CBI prior to transfer of custody. This form requires the official of the receiving agency to verify that the information will be safeguarded utilizing procedures comparable to EPA's procedures for handling CBI found in 40 CFR, Part 2, Subpart B. F. PREPARATION AND PACKAGING CAA CBI materials to be transferred will be packaged by the CBI Office. The following guidelines set forth the procedures for preparing and packaging CBI materials. 1. Inner and Outer Covers Before CAA CBI may be transferred or hand carried out of the OAQPS facility, the materials to be transferred must be double wrapped with opaque paper. The inner cover must bear markings that indicate the classification and instructions, "CBI Confidential Business Information," and "To Be Opened by Addressee Only." The outer cover shall not bear any classification markings or other indication that CAA CBI information is enclosed. Markings on the inner cover shall not show through the outer cover. 2. Addressing- CAA CBI being transferred from the OAQPS CBI Office to another facility or being returned from a facility to the CBI Office shall bear the name of the sending and receiving DCOs only in the addresses on the outer label. The person to whom the material is intended is included in the address as an "Attention" line on the inner envelope. The return address of the transferror is required on both the inner and outer covers. 3. Packaging Materials used in packaging CAA CBI must be strong and durable enough to provide protection in transit and prevent items from protruding through the covers. Upon receipt packages must be inspected to ensure that the seals have not been broken. 43 ------- G. CUSTODY RECEIPT A CAA CBI Custody Receipt, CAA CBI Form 14 (Appendix K) is included for all transfers of CAA CBI materials (two copies). This form provides the previous holder of CAA CBI with proof of accountability that the material was transferred and received. The recipient signs and date custody receipt, after verifying all materials were received, forwards the original copy to sender and retains the second copy for his/her records. The previous holder retains the original copy as a record of the transfer. The third copy is retained by the previous holder as a suspense copy until the signed original is returned. (See Section VII. CAA CBI Records Management for more information on accountability, control records, and the CAA CBI control numbers.) H. TRANSFER METHODS CAA CBI may be transferred or transported by the following methods: Hand carried to another facility by an employee or contractor employee who is authorized access to the CAA CBI; U.S. Postal Service registered mail (return receipt requested), Express Mail; or Private courier (Federal Express). 1. Hand Carrying Appropriately cleared OAQPS employees may be authorized to hand carry CAA CBI material between facilities (when traveling) if the conditions outlined below are met. Individuals authorized to carry CBI must contact the CBI Office to be fully briefed on the provisions of this Section before departing. While traveling by plane or other public conveyance, employees must keep CAA CBI materials in their possession, and should not check them with their luggage. When employees travel with CAA CBI materials and are unable to deliver or ship the CAA CBI materials to a facility authorized to store CAA CBI, they may store the materials for short periods inside the locked trunk of a motor vehicle. CAA CBI materials may also be stored overnight in hotel safes, if a receipt is obtained from the hotel management. Otherwise, CAA CBI 44 ------- materials must be kept in the possession of the traveler. The storage provisions for CAA CBI, detailed in Section IX. Storage of CAA CBI, shall apply to all stops enroute to a destination. CAA CBI materials shall not be unwrapped until the traveler's destination is reached. If the materials are to be transferred to someone at that location, they must immediately be taken to the local DCO and logged into the local Document Tracking System. The CBI Office shall log out CAA CBI carried or escorted by traveling personnel. CAA CBI must be accounted for upon return by count and inspection of materials or by inspection of receipts for materials, if delivered. 2. Registered Mail If CAA CBI material is to be mailed, it must be prepared by the CBI Office for registered mail (return receipt requested). Regular first class mail must never be used by Federal employees to transfer CAA CBI. 3. Couriers and Express Mail EPA and contractor employee couriers, commercial couriers, and U.S. Postal Service Express Mail may be used in the transmission of CAA CBI. 45 ------- SECTION IX. STORAGE OF CAA CBI A. OVERVIEW This section describes the minimum standards for the physical safeguarding and storage of CAA Confidential Business Information (CBI). B. INTENT Employees using CAA CBI material are responsible for ensuring that no unauthorized disclosures of that information occur. This means that employees must either maintain constant control over the CAA CBI material in their possession or return it to the CBI office. C. When not in use, CBI materials must be secured in approved CAA CBI storage containers. The type of container approved for CAA CBI storage is a metal file cabinet with bar hasp and three- way, changeable combination lock. "OPEN/CLOSED" magnetic signs shall be posted on each CAA CBI Storage container to readily identify containers that are open or locked, and to provide a visual spot checked and at the end of the work day to ensure containers are properly secured. Storage containers must be located within a room dedicated to CBI security. The room must have a lockable entrance secured by a GSA approved, changeable combination Simplex lock. All CBI storage containers and the entry door shall be locked during the noon hour and at the end of each business day. D. PROCEDURES FOR LOCK COMBINATIONS Since all storage containers are secured by combination locks, the matter of combinations is important. 1. Changing Combinations Combinations to security equipment shall be changed only by cleared personnel having that responsibility- Combinations shall be changed only under these circumstances: Whenever someone who knows the combination no longer requires access; In the event of suspected compromise of CAA CBI; 46 ------- When deemed necessary by the custodians; or At least once each year. 2. Granting Access to Combinations Knowledge of combinations is limited to CBI Office personnel and DCOs. Records of combinations must be protected as though CAA CBI. E. EVACUATION PROCEDURES In the event of a fire or other emergency (e.g., natural disaster or civil disturbance) requiring evacuation of office spaces, CAA CBI shall be returned immediately to the OAQPS CBI Office where it will be stored properly. Persons who are unable to return CAA CBI material in their possession to the CBI Office shall ensure that such material is safeguarded by covering it from view and taking it with them. The employee must keep it under personal observation at all times until it can be secured in a facility approved for CBI storage. F. SAFEGUARDING CAA CBI IN THE EVENT OF A DISASTER A disaster plan is a little like insurance; we know we should have it, it costs money, and we hope we never have to use it! A disaster plan is required by the Federal Emergency Management Agency (FEMA) to ensure the safety of personnel and to protect vital records. OAQPS and its contractors are required to protect any records/documents affecting the legal and financial rights of the Government and of the people affected by its actions. The OAQPS CAA CBI Disaster plan has three components: prevention, preparedness, and response. 1. Prevention Procedural prevention relates to activities performed on a day-to-day, month-to-month, or annual basis, relating to security and recovery. It begins with assigning responsibility for overall security of the organization to an individual with adequate competence and authority to meet the challenges. The objective of procedural prevention is to define activities necessary to prevent various types of disasters and ensure that these activities are performed regularly. Physical prevention begins when a CAA CBI storage site is identified or constructed. It includes special requirements for room construction, as well as fire protection for various 47 ------- equipment. Special considerations include: computers, fire detection and extinguishing systems, record(s) protection, air conditioning, heating and ventilation, electrical supply. emergency procedures, and storage specifications to protect CAA CBI records. OAQPS DCO will conduct an annual site inspections of the OAQPS CBIO to identify problem areas and foster awareness of disaster prevention issues among the staff. Provide training for the CBI Office staff in records management, protection, and how to respond to a disaster. 2. Preparedness OAQPS DCO will ensure that there are appropriate supplies on hand to deal with immediate needs, and keep a current list of suppliers of materials that are needed to handle disasters. The OAQPS DCO will also keep up-to-date on current technology, procedures, and services available for disaster planning and recovery, and ensure the staff is informed about these issues. Ensure appropriate security measure are taken to prevent damage or destruction of CAA CBI, approve off-site storage of CAA CBI, arranging for security guards when needed, establish and maintain an emergency recall list (including EPA designated personnel, police and fire departments, hospitals, utility companies, selected resources, etc.), and whatever else might be required in the circumstances. 3. Response The OAQPS DCO is responsible for directing all disaster operations affecting damage or destruction CAA CBI records. All of OAQPS staff (Directors, Group Leaders, POs, WAMs and employees) must be involved in order for the disaster plan to be an effective one. Preventing, preparing for, and responding to disasters has to be a team effort. We all have to be aware of the issues, and integrate prevention and preparedness into our daily routines and consciousness. In the event of a disaster, we have to be able to pull together as a team and respond quickly and effectively to protect OAQPS's CAA Confidential Business Information. The OAQPS DCO will also evaluate the damage, plan and execute recovery operations, and do post-disaster assessments. 48 ------- SECTION X. CAA CBI COMPUTER SECURITY NOTE: Computer security is difficult and expensive to maintain. OAQPS personnel and its contractors should not use CAA CBI in an identifiable form in computer programs, if at all possible. A. OVERVIEW This policy applies to all automated data processing (ADP) systems processing and/or storing CAA Confidential Business Information (CBI). It shall apply equally when the ADP systems are owned and operated by EPA or by its contractors or consultants. B. DIRECTIVES The computer processing of CAA CBI must be in compliance with the following directives issued to all Federal agencies processing sensitive data by computer: Office of Management and Budget OMB Circular A-130, TM No. 1; Office of Personnel Management FPM 732-7; National Bureau of Standards FIPS PUBS; and General Services Administration 41 CFR Ch. 101. These directives require all Federal agencies processing sensitive information by computer to establish and maintain a formal security system. C. BASIC SECURITY REQUIREMENT OAQPS must provide a system with a level of security adequate to protect any CBI being processed from alteration, loss, or from unauthorized access. 1. Security Mode OAQPS CAA CBI must be entered into an isolated system with access control safeguards as well as additional safeguards 49 ------- within the system. In addition, file and data separation are required since all users are not authorized to access all data. 2. Authenticity and Verification The system will authenticate the password for each project, verify each user's identity, and validate each user's file access authority and privileges. System output must have special markings that identify particular data sets or programs to provide audit trails. These audit trails will produce an activity and, when possible, an event record to permit analysis of system operation by the CBI Office. 3. demote Operation There shall be no communication system to interface with remote terminals. 4. Users Requirements All system users and persons allowed unescorted access to the ADP system shall meet the following criteria: They are authorized access to CAA CBI; They have completed a Request, Approval, and Registration for CAA CBI Computer Access, CAA CBI Form 3; They have been informed of the proper security procedures for operation of the system; They have been informed of the proper action to be taken in the event of system malfunction (spillage, etc . ) ; They have been trained in the use of the system before being given the password; They have been authorized access to specific data in the system and have been given the password to that data; and They have signed an acknowledgement of having been provided the above information. OAQPS and contractor employees who are authorized access to specific CBI may view a computer screen that contains the CBI to which they are authorized access. 50 ------- 5. Visitors Administrative approval may be given to permit unauthorized persons to visit the computer facility, but they shall be escorted and shall sign a log indicating the date and time of their visit. D. CBI COMPUTER ROOM All ADP central processing and ancillary equipment, shall be located in a specific room. This room in its totality is herein referred to as the CBI Computer Room. The CBI Computer Room: Shall be located in an interior part of the building; Shall be on a floor not accessible from the exterior of the building; Shall be in an area not adjacent to, above, or below an area that would constitute a high-risk area from the standpoint of fire or explosion; Shall maintain only one entrance for personnel access. Other doors, if any, shall be secured; Shall, when unoccupied, be.secured with a Simplex combination lock, mounted on a solid wooden or metal door; and Shall, during hours of operation, have access controlled by means of an access control lock. E. SAFEGUARDING CBI DURING COMPUTER USE While using CAA CBI at a computer in an unsecured area, the operator must retain exclusive control over the operation of the computer and printer and must ensure that only individuals authorized for access to the CAA CBI can view the terminal screen. If the operator must leave the terminal for any reason, the computer session shall be terminated. 1. Computer Storage Media CBI data used on a computer may be stored on either floppy disks or permanent hard disks. Floppy disks are preferable and shall be secured in the CBI Office. Floppy disks containing CBI must also be removed from the computer after each session and returned to the CBI Office. 51 ------- Obsolete or damaged disks shall be given to the WAM who will authorize the CBI Office to return the disks to the providing organization or to destroy them. 2. Terminating of a CBI Computer Session Proper termination of a computer session involving CBI consists of the following steps: Transferring and verifying the transfer of the CBI data to the storage medium (floppy disk, hard disk, or printout); Removing the storage medium from the computer; Erasing the computer's internal memory with a utility program disk; Turning off the computer; and Returning the disks to the CBI Office. 3. Use of a Printer If CAA CBI is printed out, the printed material must be secured in the CBI Office. All printouts and any information obtained from a computer screen and written down must be logged in and out through the CBI office. Since not all data on a CBI computer may be CBI, an employee who obtains a printout from the CBI computer must first determine whether the printout contains CBI. F. SYSTEM SECURITY SOFTWARE FOR MULTI-USER SYSTEM Only the operating system shall execute instructions to control and perform all input/output operations and changes to memory boundaries, data elements, tables, execution state variables, and files of the system. The operating system will protect itself and provide an authorization function to permit only approved sets of individuals and programs to be combined for a project. One class of machine instructions will be reserved for exclusive use of the operating system, and one class will be usable by the operating system and user applications. 1. User Authority Where possible, a memory bounds mechanism will be included so that memory allocated to any particular user can be restricted to prohibit the user from reading or writing in the operating system memory or the memory of another user. The 52 ------- system will enforce the user privileges as authorized for any given file and will include execute only, read only, read/write, and prohibit scratching or renaming files. Authentication of project passwords, verification of user identity, and validation of user file authority are performed by the system. 2. Event Record Except for password maintenance activities, unique identifiers (passwords) may not be printed or displayed on any output or terminal. Within the limits of system capability, an access and event journal will be maintained by the system in a secure manner to record system activity, log-on attempts, and program execution. This audit function should permit event attribution to the individual user. An exception audit will be produced by the system of all unauthorized activity, including log-on and file access attempts for daily review by the CBI Computer Room Document Control Assistant (DCA). The system will include a time clock for recording events. The system activity log will have a write-only mode. The system will maintain user and file isolation on time share and concurrent processing. G. GENERAL PROCEDURES Changes to the operating system will be made off-line, reviewed, and approved before being installed on the active system. Changes in the application programs will be made off-line using non-sensitive data and implemented after review. 1. Checkout Portable storage disks must be checked out from the CBI Office using procedures described in Section III, Document Control, and Office when the processing is terminated. 2. User Privileges (Multi-year system only) User privileges will be limited to those necessary. The user will log-out the appropriate floppy disk from the CBI Office before logging into the CBI Computer Room with the CBI Computer Room DCA. Unique identifiers (passwords) shall be used for project identification in the log-on procedure and for data file access. These identifiers shall be treated as confidential and shall be changed at frequent intervals of at least every 3 months. Two passwords are required to begin a program. The CBI Computer Room DCA shall provide a system access password and the user shall provide a data file access password. 53 ------- 3. CBI Computer Room DCA When termination of processing is ended and the system is to be shut down, the user will log-out with the CBI Computer Room DCA. The CBI computer room DCA shall also be responsible for opening and closing the CBI computer room and starting and shutting-down the computer. 4. Back-up Files Back-up files will be maintained in the CBI Office. Periodically, the backup files will be tested to ensure operational condition. 5. Transmission Input and output media shall be transmitted only between the CBI Office and the users who are authorized access to specific data contained on the media. In no case will input media be accepted from or delivered to a third party. A system processing and/or storing CBI must never be system that does not contain CBI information. H. DESTRUCTION AND RELEASE OF DATA MEDIA All paper products, program listings and cards, when no longer needed, are to be destroyed in accordance with current procedures for disposal of CBI documents listed in Section XI, Disposal and Destruction. 1. Magnetic Storage Floppy disks used to process or store CAA CBI may be released from control after they have been degaussed in an approved manner on an approved degausser. Prior to release, all identifying markings must be removed from the media and the erasure of the data must be verified. 2. Rigid Magnetic Storage Media Rigid magnetic storage media, used for processing or storing CAA CBI, when no longer needed, may be released from control after it has been overwritten alternately by ones and zeros at least three times. In the case of malfunctioning or damaged data storage media, when overwriting is not possible, the data storage media must be degaussed. Overwriting or degaussing must be verified prior to release of the media. 54 ------- I. SECURITY PLAN In addition to computer security procedures, the OAQPS security plan calls for a methodology for a risk analysis, and the requirement for confidentiality agreements from all contractor personnel. The plan must also meet all specified below. This security plan is subject to approval by the BSD Director and shall be available to representatives of EPA's Office of the Inspector General (DIG). J. RISK ANALYSIS The conduct of risk analyses for each computer installation operated by or on behalf of EPA is required under the provision of OMB Circular A-130, TM No. 1. These analyses are specified as needed, before approving design specifications for new systems; whenever there is a significant change to the physical facility, hardware, and/or software; or at periodic intervals not to exceed 5 years. These risk analyses are to provide an evaluation of the relative vulnerabilities at the installation in order to maximize the effectiveness of security measures within the constraints of available resources. 55 ------- SECTION XI. DISPOSAL AND DESTRUCTION A. OVERVIEW The purpose of this section is to explain how Confidential Business Information (CBI) must be disposed of or destroyed. B. INTENT CAA CBI that is of no use to OAQPS and not wanted by the providing organization, will.be destroyed only under the supervision of the DCO or CBI Manager. CBI borrowed from TSCA or RCRA may not be destroyed but must be returned. C. NOTICE OF INTENT TO DESTROY The providing organization or owner of original CAA CBI that is no longer needed by OAQPS must be informed of the intent to destroy the material. This notice is given to allow the owner an option to reclaim the materials or have OAQPS destroy them. D. ORIGINAL CBI Under no circumstances will contractors dispose of original CAA CBI materials that have been logged into the OAQPS Records Management System in any way other than returning them to the OAQPS CBI Office. Work Assignment Managers or their Group Leaders shall initiate the process for destruction or disposal (return to the providing organization) of original CBI material. The materials must be'identified for destruction. The OAQPS CBI Manager will destroy specified documents and maintain a record of all destroyed documents. At no time shall destruction of CAA CBI material take place without proper authorization from the WAM or providing organization. E. DERIVATIVE CBI Authors of derivative CBI (CBI created from original CBI} may authorize the CBI Office to destroy their work that contains CAA CBI. 56 ------- F. CBT WASTE Waste material including handwritten notes, sheets of carbon paper, diskettes, and working papers that contain CAA CBI must be returned to the CBI Office daily for destruction. No record of destroying this type of material need be kept. G. RECORDS OF DESTRUCTION Records of destruction are required for CAA CBI materials. When a document is destroyed, the OAQPS CBI Manager or the CDCO must indicate on the CAA CBI Control Record, CAA CBI Form 1 (Appendix J) the destruction date, person destroying document, and attach documentation authorizing the destruction to the CAA CBI Control Record. The control records of destroyed documents must be retained for audit purposes and the CDCO shall submit the list of destroyed documents with the annual inventory and upon completion of the contract. The destruction of CBI materials logged into the OAQPS CAA CBI Records Management System shall documented in the CAA CBI automated database and purged annually. H. METHODS OF DESTRUCTION CAA CBI documents and material shall be destroyed in a manner that precludes recognition or reconstruction. In general, CAA CBI materials are destroyed by one of two methods: shredding (including any type of paper substance) or burning (including microfiche, typewriter ribbons, diskettes, and data tapes) . 57 ------- SECTION XII. CBI SECURITY VIOLATION* A. OVERVIEW This section sets forth the procedures to be followed whenever CAA Confidential Business Information (CBI) security procedures may have been violated. B. Any OAQPS employee who is either aware of actual or possible violations regarding loss of CBI materials or unauthorized disclosures must report immediately this information to the DCO. C. VIOLATIONS OF THIS MANUAL All alleged violations of this manual's procedures shall be investigated, even if there is no evidence of a lost document or unauthorized disclosure. D. PRELIMINARY INQUIRY The BSD Director will have the OAQPS DCO conduct a preliminary inquiry into the circumstances surrounding an actual or possible compromise. The findings of this inquiry, undertaken to determine if a compromise did occur, are to be given to the ESD Director for evaluation. E. INVESTIGATION The ESD Director may direct the OAQPS DCO to conduct a full investigation based on the results of the preliminary inquiry. An investigation shall include the following: A complete identification of each item of classified information involved. A thorough search for the CBI. Identification of any persons or procedures responsible for the compromise. A statement that a compromise did occur, may have occurred, or did not occur, and an estimate of the risk of damage to the affected business. A thorough discussion of all facts uncovered. 58 ------- F. REPORTS AND FINDINGS Investigative reports shall include, if possible, the document date, subject, name and address of the originator, and a description of the material. 1. Finding of No Damage If it is determined that compromise could not reasonably be expected to cause identifiable damage .to the affected business the report of the preliminary inquiry will be sufficient to resolve the incident and, if appropriate, support the administration of disciplinary action. 2. Lost Documents If a document is lost or missing, the report should include the time, date, surrounding the loss; and the steps taken to locate the material. If possible, the person responsible for the loss should be identified. 3. Compromise Where a compromise is believed to have occurred, a narrative statement by the WAM should detail the circumstances, the identity of the unauthorized person(s) who had or may have had access to the material, the steps taken to determine whether a compromise did in fact occur, and the WAM's evaluation of the importance of the material. 4. Finding of Damage If it is determined that the probability of identifiable damage to the affected company cannot be ruled out, the BSD Director shall notify the affected business that the materials claimed as CBI are not in account and that there is reason to believe the information may have been disclosed to individuals not authorized for access to it. Written notice to the affected business must contain a description of the CBI in question and the date of the disclosure. G. RESULTING ACTIONS After receiving an inquiry and/or investigation report, the ESD Director will notify appropriate Division Directors of the report findings and recommend actions in keeping with the EPA Conduct and Discipline Order. Division Directors are responsible for imposing punitive measures as deemed necessary. 59 ------- 1. Violations Subject to Punitive Employees may be subject to punitive measures if they do any of the following: Compromise CBI through negligence; Knowingly and willfully violate any provisions of this manual; or Knowingly and willfully, and without authorization, disclose properly classified CBI. 2. Punitive Measures Punitive measures for security violations include, but are not limited to, warning notice, admonition, reprimand, termination of authorization for access to CBI, suspension without pay, forfeiture of pay, removal, discharge, or legal charges. These measures will be imposed in accordance with applicable law and EPA regulations. 60 ------- SECTION XIII. CAA CBI DEFINITIONS Access: The ability and opportunity to gain knowledge of CAA CBI in any manner whatsoever. Access to CAA CBI by individuals not authorized according to procedures in Section VI must be reported as a security violation. Affected Business: Any providing organization that could be affected adversely by the unauthorized disclosure of its CAA CBI. Authorized Person: Any person duly authorized pursuant to OAQPS procedures to have access to CAA CBI. CAA CBI Control Number: Unique number assigned by the OAQPS CBI Office to any document received or generated that contains CAA CBI. The number consists of a least ten digits (e.g., 94111-C02-09). The first five digits are the fiscal year and project identification number; first two numbers are the fiscal year and next the three numbers are assigned for each specific project (e.g., 94111); the next three digits identifies the responsible group and WAM (e.g., COS); and the last digits refers to the number of documents submitted to the CBIO from the employee on the specific project. Confidential Business Information: Any information, in any form, received by OAQPS from a person, firm, partnership, corporation, association, or local, State or Federal agency that relates to trade secrets or commercial or financial information and that has been claimed as confidential by the person submitting it under the procedures in 40 CFR, Part 2, Subpart B. Contractor: Any person, association, partnership, corporation, business, educational, institution, governmental body or other entity uhat performs work under a contract with the United States Government. Contracting Officer (CO): EPA delegated official with the authority to enter into contracts on behalf of the EPA. The CO has sole authority to sign contracts, obligate funds for a contract, issue work assignments, modify contract terms or conditions, and terminate a contract. Custody: Formal responsibility for controlling access to CAA CBI according to the procedures found in this manual. 61 ------- Derivative CBI: Confidential Business Information created by incorporating, paraphrasing, restating, or generating a new form of the information. Document: Any recorded information regardless of its physical form or characteristics, including, without limitation, written or printed materials; data processing cards, disks, and tapes; maps; charts; photographs; paintings; drawings; engravings; sketches; working notes and papers; reproductions of such items by any means or processes; and sound, voice, or electronic recordings in any form. OAQPS CBI Office: Secured interior room at OAQPS headquarters where all CAA CBI is stored. OAQPS Document Control Officer: A Government employee designated by the BSD Director to oversee the OAQPS CAA CBI program. Document Tracking System: A system to account for the location or disposition of CAA CBI materials. Materials in a Document Tracking System are assigned unique numerical identifiers, or CBI control numbers, and their locations are tracked through manual or automated logs or records of receipt, usage, and transfer. Employee: Any person employee by EPA on a full-time or part- time basis in accordance with the procedures of the Office of Personnel Management. (This definition does not include contractors, grantees, or their employees.) Federal Agency: Any organization or entity composed of United States officers or employees except for Federal courts and Congress. Holder: A Federal employee or OAQPS contractor employee who is authorized access to specific CAA CBI, and is currently in possession of the CAA CBI. Original CBI: Confidential business information in its original form as submitted by a providing organization or as recorded during a visit to the providing organization. Project Officer (PO): EPA's primary technical representative of the CO for a contract. Responsibilities include: evaluating contractor proposals; assisting in writing statement of work; reviewing contractor progress reports; reviewing contractor requests and recommending approval or disapproval to the CO; and assisting the CO in the resolution of problems associated with contractor performance. 62 ------- Specific CAA CBI: Confidential business information collected for an individual project or work assignment under a contract. Subcontractor: A contractor that provides a portion of the level of effort on an EPA contract through a contractual agreement with the prime EPA contractor. The EPA's contractual agreement is with the prime contractor, not the subcontractor. Violation: The failure to comply with any provision of these procedures, whether or not such failure leads to actual unauthorized disclosure of CAA CBI. Work Assignment Manager (WAM) : An EPA program official who monitors a specific work assignment written under a contract. The WAM develops the statement of work for specific work assignments and monitors the technical performance of the contractor. 63 ------- SECTION XIV. GLOSSARY OF ACRONYMS ACRONYMS AAL ADP CAA CBI CBIO CDCA CDCO CFR CWA DCA DCO BSD EPA FEMA FIFRA GAO OAQPS DIG OGC OS PC RCRA Authorized Access List Automatic Data Processing Clean Air Act Confidential Business Information Confidential Business Information Office Contractor Document Control Assistant Contractor Document Control Officer Code of Federal Register Clean Water Act Document Control Assistant Document Control Officer Emission Standards Division United States Environmental Protection Agency Federal Emergency Management Agency Federal Insecticide, Fungicide and Rodenticide Act General Accounting Office Office of Air Quality Planning and Standards Office of the Inspector General Office of General Counsel Office of Solid Waste Personal Computer Resource Conservation and Recovery Act 64 ------- TSCA Toxic Substances Control Act WAM Work Assignment Manager 65 ------- SECTION XIV. APPENDICES APPENDIX TITLE A Authorization for Access to CAA CBI for Federal Employees, CAA CBI Form 2 Authorization for Access to CAA CBI for Contractor Employees, CAA CBI Form 3 B Confidentiality Agreement for United States Employees Upon Relinquishing CAA CBI Access Authority, CAA CBI Form 4 Confidentiality Agreement for Contractor Employees Upon Relinquishing CAA CBI Access Authority, CAA CBI Form 5 C Memorandum of CAA CBI Telephone Conversation, CAA CBI Form 6 D CAA CBI Meeting Sing-In Sheet, CAA CBI Form 7 E CAA CBI Markings F CAA Confidential Business Information Cover Sheet, CAA CBI Form 8 Pending CAA Confidential Business Information Cover Sheet, CAA CBI Form 9 G Request, Approval, arid Registration for CAA CBI Computer Access, CAA CBI Form 10 H Request for Approval of Contractor Access to CAA CBI, CAA CBI Form 11 Contractor Information Sheet-Contractor CAA CBI Access/Transfer, CAA CBI Form lla I CAA CBI Inventory Log, CAA CBI Form 12 CAA CBI Pending Log, CAA CBI Form 13 J CAA Confidential Business Information Control Record, CAA CBI Form 1 K CAA CBI Custody Receipt, CAA CBI Form 14 66 ------- L Confidential Business Information Security Agreement, CAA CBI Form 15 M Sample CAA CBI Transfer Letters 67 ------- APPENDIX A FULL NAME EPA ID NUMBER POSITION OFFICE 1. AUTHORIZATION FOR ACCESS TO CAA CBI FOR FEDERAL EMPLOYEES It is the responsibility of each Authorizing Official* to ensure that the employees under his/her supervision who require access to CAA CBI: 1. Sign the Confidentiality Agreement for EPA Employees 2. Are fully informed regarding their security responsibilities for CAA CBI. 3. Obtain access only to that CAA CBI required to perform their official duties SIGNATURE OF AUTHORIZING OFFICIAL* TITLE TELEPHONE NO. DATE LOCATION II. CONFIDENTIALITY AGREEMENT FOR FEDERAL EMPLOYEES I understand that I will have access to certain Confidential Business Information submitted to EPA or its authorized representatives under the Clean Air Act (CAA). This access is granted in accordance with my official duties as an employee of the Environmental Protection Agency. I understand that CAA CBI may not be disclosed except as authorized by CAA and Agency regulations. I understand that I am liable for a possible fine of up to $1,000 and/or imprisonment for up to 1 year if I willfully disclose CAA 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 CAA CBI furnished to me as confidential and that I will follow the procedures set forth in the CAA Confidential Business Information Security Manual. I have read and understand these procedures. SIGNATURE TELEPHONE NO. DATE III. HAVING COMPLETE REQUIRED TRAINING AND PASSED REQUIRED TEST, THE ABOVE-NAMED EMPLOYEE IS HEREBY AUTHORIZED TO HAVE ACCESS TO CAA CBI. SIGNATURE CBI MANAGER/DCO TELEPHONE NO. DATE * Must be Division Director (or equivalent) or above. CAA CBI Form 2 (Rev. 6/95) 68 ------- APPENDIX A 1. AUTHORIZATION FOR ACCESS TO CAA CBI FOR CONTRACTOR EMPLOYEES FULL NAME SSN POSITION CONTRACTOR It is the responsibility of each Authorizing Official* to ensure that the employees under his/her supervision who require access to CAA CBI: 1. Sign the Confidentiality Agreement for EPA Employees 2. Are fully informed regarding their security responsibilities for CAA CBI. 3. Obtain access only to that CAA CBI required to perform their official duties SIGNATURE OF AUTHORIZING OFFICIAL* TITLE TELEPHONE NO. DATE LOCATION II. CONFIDENTIALITY AGREEMENT FOR CONTRACTOR EMPLOYEES I understand that I will have access to certain Confidential Business Information submitted to EPA or its authorized representatives under the Clean Air Act (CAA). This access is granted in accordance with my official duties as an employee of the Environmental Protection Agency contractor. I understand that CAA CBI may not be disclosed except as authorized by CAA and Agency regulations. I understand that I am liable for a possible fine of up to $1,000 and/or imprisonment for up to 1 year if I willfully disclose CAA 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 CAA CBI furnished to me as confidential and that I will follow the procedures set forth in the CAA Confidential Business Information Security Manual. I have read and understand these procedures. SIGNATURE TELEPHONE NO. DATE III. HAVING COMPLETE REQUIRED TRAINING AND PASSED REQUIRED TEST, THE ABOVE-NAMED EMPLOYEE IS HEREBY AUTHORIZED TO HAVE ACCESS TO CAA CBI. SIGNATURE CONTRACTOR/DCO TELEPHONE NO. DATE * Must be Contractor Management CAA CBI Form 3 (Rev. 6/95) 69 ------- APPENDIX B US Environmental Protection Agency Washington, DC 20460 Confidentiality Agreement for Federal Employees Upon Relinquishing CAA CBI Access Authority In accordance with my official duties as an employee of the United States, I have had access to. Confidential Business Information under the Clean Air Act (CAA) (42 U.S.C. 1857 et seq.). I understand that CAA Confidential Business Information may not be disclosed except as authorized by CAA or Agency regulations. I certify that I have returned all copies of any materials containing CAA Confidential Business Information in my possession to the OAQPS CBI Office. I agree that I will not remove any copies of materials containing CAA Confidential Business Information from the premises of the Agency upon my termination or transfer. I further agree that I will not disclose any CAA 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 CAA Confidential Business Information, under 18 U.S.C. 1905,1 am liable for a possible fine of up to $1,000 and/or imprisonment for up to one year if I willfully disclose CAA 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. Name (Please type or print) Signature SSN Date CAA CBI Form 4 (Rev. 6/95) 70 ------- APPENDIX B Environmental Protection Agency Washington, DC 20460 CONFIDENTIALITY AGREEMENT FOR CONTRACTOR EMPLOYEES UPON RELINQUISHING CAA CBI ACCESS AUTHORITY Name of Employer Contract Number As an employee of the contractor/subcontractor named above performing work for the United States Government, I have been authorized access to Confidential Business Information (CBI) submitted under the Clean Air Act (CAA) (42 U.S.C. 1857 et.seq.). This access authority was granted to me in order to perform my work under the contract number cited above. I understand that CAA CBI to which I have had access under the contract may not be used for any purposes other than for performing the contract. I also understand that CAA CBI may not be disclosed except as authorized by CAA or EPA regulations. I certify that I have returned all copies of CAA CBI materials in my possession to my company Document Control Officer. I agree that I will not remove any copies of materials containing CAA CBI from the premises of my company or from EPA premises upon my relinquishment of CAA CBI to any person after my relinquishment of CAA CBI access authority. I understand that as a contractor employee who has been authorized access to CAA CBI, I may face criminal prosecution if I willfully disclose CAA CBI to any person. If I am still employed by the contractor, 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 USC Section 1001 if I have made any statement of material facts knowing that such statement is false or I willfully conceal any material fact. NAME (Please type of print) Social Security Number Signature Date CAA Form 5 (Rev. 6/95) 71 ------- APPENDIX C US Environmental Protection Agency Washington, DC 20460 MEMORANDUM OF CAA CBI TELEPHONE CONVERSATION I. EMPLOYEE IDENTIFICATION Name of Employee Date Organization Time II. SECOND PARTY IDENTIFICATION Call is: D To From Name Number Organization III. Concerning What CAA CBI? IV. Content of Conversation: (CONTINUE ON SEPARATE SHEET) CAA CBI Form 6 (Rev. 6/95) 72 ------- APPENDIX D vtf £D Sfy ^ U.S. Environmental Protection Agency >> ^ **. Washington, DC 20460 £«fi*^ \ XSEZ § CAA CBI MEETING SIGN-IN SHEEET r ^^fH^^ > \ ^ ^ PRO^° CHAIRPERSON MEETING PLACE (ROOM, BUILDING, CITY, STATE) DATE TIME SUBJECT OF MEETING NAME (Print) Signature ORGANIZATION THIS SIGN-IN SHEET MUST BE GIVEN TO THE CBI MANAGER CAA CBI Form 7 (Rev. 6/95) 73 ------- APPENDIX E CAA CBI MARKINGS "SUBJECT TO CONFIDENTIALITY CLAIM" "TO BE OPENED BY ADDRESSEE ONLY" "CBI -- CONFIDENTIAL BUSINESS INFORMATION" "DETERMINED CONFIDENTIAL BY OAQPS" "DESTROYED BY / DATE 74 ------- APPENDIX F Contractor Control No.: EPA Control No.: Copy No.: CAA CONFIDENTIAL BUSINESS INFORMATION The attached document contains data claimed to be confidential business information (CBI) under the authority of the Clean Air Act (CAA) as amended (42 U.S.C. 7401, 7411, 7412, 7414, 7416, 7601). CBI may not be disclosed or copied for release to another party. Any excerpts or summaries must also be treated as CBI. If you willfully disclose CAA CBI to any person not authorized to receive it, you may be liable for a disciplinary action with penalties ranging up to and including dismissal. In addition, disclosure of CAA CBI or violation of security procedures may subject you to a fine of up to $1,000.00 and/or imprisonment for up to one year. DO NOT DETACH CAA CBI Form 8 (Rev. 6/95) 75 ------- APPENDIX F Contractor Control No.: EPA Control No.: Copy No.: CAA CONFIDENTIAL BUSINESS INFORMATION PENDING The attached document contains data claimed to be confidential business information (CBI) under the authority of the Clean Air Act (CAA) as amended (42 U.S.C. 7401, 7411, 7412, 7414, 7416, 7601). CBI may not be disclosed or copied for release to another party. Any excerpts or summaries must also be treated as CBI. If you willfully disclose CAA CBI to any person not authorized to receive it, you may be liable for a disciplinary action with penalties ranging up to and including dismissal. In addition, disclosure of CAA CBI or violation of security procedures may subject you to a fine of up to $1,000.00 and/or imprisonment for up to one year. DO NOT DETACH CAA CBI Form 9 (Rev. 6/95) 76 ------- APPENDIX G \ s U.S. Environmental Protection Agency Washington, DC 20460 Request, Approval, and Registration for CAA CBI Computer Access I. Request for CAA CBI Computer Access 1. Name (Last,First,MI) 2. Requestor (Office/Division/Branch) 3. System and Data Base to Be Accessed 4. Describe fully the duties that require access to each system 5. Signature of Requesting Official (Division Director or above) 6. Date II. Computer Room DC A Approval 1. Date Received 2. Signature of Computer Room DC A III. DCO Approval 1. Date Received 2. Holds Current CAA CBI Access D Yes D No 3. Approved D Yes DNo (F.xplain On back) 4. Signature DCO CAA CBI Form 10 (Rev. 6/95) 77 ------- APPENDIX H U.S. Environmental Protection Agency Washington, DC 20460 REQUEST FOR APPROVAL OF CONTRACTOR ACCESS TO CAA CBI Requesting Official Signature Date Title and Office Contractor and contract number EPA Project Officer EPA Contracting Officer t Brief Description 0£«anfcack induing {Wpose,, scope, fengtfj, and other j«tpo&a*tf 4efe«J$v (Continued on, tfeiB back of this form if JL W6itt CAA CBI will i>e paired, Afidwfcy? " (CoMiaaedoa back if necessary) '^.-, --,- -'< \ Jt< Approved (Signature) Date CAA CBI Form 11 (Rev. 6/95) 78 ------- APPENDIX H CONTRACTOR INFORMATION SHEET CAA CBI ACCESS/TRANSFER 1. Contractor. 2. Address : 3. Contract #: 4. Is this a renewal of a previous contract? Yes D No D 5. Previous contact number: 6. EPA Project Officer 7. EPA Contracting Officer. 8. EPA Work Assignment Manager: Phone: Room: Mail Code:. 9. Contractor Project Officer: 10. Description of duties to be performed by contractor that require CAA CBI access: 11. Type(s) of data to be transferred/disclosed: 12. Will CBI be transferred offsite under this contract? Yes DNoD 13. If so, to where? 14. Have contractor security plan and facilities been approved by the OAQPS DCO? Yes D No D 15. If so, date of test site inspection: 16. Date access scheduled to commence: 17. Contract expiration date: 18. Is computer CBI access needed under this contract? Yes D No D 19. Has computer access been approved? Yes DNoD CAA CBI Form 1 la (Rev. 6/95) 79 ------- CO o ^eosr.^ U.S. Environmental Protection Agency if ^± \ Washington, DC 20460 J S ,*^^^^ (?, /~< A A /"*T~>T TTVTl 7"T?XTrr/"VT» XT' T /"V/"1 g vjjy J CAA CB1 IN VbNTORY LOG ^L^^^^P" uontidential Business Intormation ^ PRO^" DoKr not conlain National Security Information (E.O. 12066) Date Received CBI Control Number Provider/ Description Recipient Disposition Disposed Date Inventory Date CAA CBI Form 12 (R§V: 6/95) ------- 00 ^tDST^ U.S. Environmental Protection Agency tf j^ \ Washington, DC 20460 i *^^<* 5 P A A PRT PFXrnrMfT- T C\C1 § VwV^ f ^r\r\ L/J31 r rl/lNUliNvJ JLvJvJ ^T^^^T^ Contidential Business Intormation ^ pnO"^ Does no conlain NMional Security Information (E.O 12066) Date Received CBI Control Number Provider/ Description Recipient Disposition Disposed Date Inventory Date > ^ ^ ft 2 C H tx h CAA CBI Form 13 (Rev, 6/95) ------- APPENDIX J CAA CONFIDENTIAL BUSINESS INFORMATION CONTROL RECORD DATE RECEIVED: DATE OF DOCUMENT: RESPONSIBLE BRANCH: CONTROL NUMBER: DOCUMENT AUTHOR: DESCRIPTION (Providing organization, title, subject, number of copies and number of pages) RETURN DATE: DESTRUCTION DATE: INITIALS: Each person given access to this document must fill in the information below CHECK-OUT SIGNATURE DATE TIME CHECK-IN SIGNATURE DATE TIME CAA CB1 Form 1 (Rev. 6/95) 82 ------- APPENDIX K CAA CBI CUSTODY RECEIPT U. S. Environmental Protection Agency DATE: Office of Air Quality Planning & Standards CBI Office (MD-13) SENT VIA: Research Triangle Park, NC 27711 RECEIPT NO: TO: FROM: Document Control Officer Melva W. Toomer, CBI Manager U. S. EPA, OAQPS, ESD, CBIO MD-13 Research Triangle Park, NC 27711 INSTRUCTIONS: 1. Original of this receipt to be signed by recipient and returned to sender. 2. Duplicate of this receipt to be retained by recipient. CBI CONTROL NO. COPY NO. DESCRIPTION OF MATERIAL I have personally received material, enclosures, and attachments as identified above. I assume full responsibility for the safe handling, storage, and transmittal of this material in accordance with existing Confidential Business Information regulations. DATE RECEIVED: SIGNATURE OF RECIPIENT: CAA CBI Form 14 (Rev. 6/95) 83 ------- APPENDIX L NFIDENTIAL B SS INFORMATI In requesting information claimed to be business confidential from the Office of Air Quality Planning and Standards, I agree to safeguard this information according to [ Name of Agency ]'s procedures comparable to EPA's procedures for handling Confidential Business Information as found in 40 CFR, Part 2, Subpart B, Confidentiality of Business Information. I further agree that access will be limited to only those persons in our organization having a "need to know," that the information will be kept in a secure storage contained (e.g., a lockable file cabinet) while it is in our custody, that a record of persons accessing the information be maintained, and that it will be returned to OAQPS at the conclusion of our project. Name, Title (Please Type or Print) Signature Date CAA CBI Form 15(Rev.6/95) 84 ------- APPENDIX M LETTER TO CAA CBI REQUESTERS OUTSIDE OAOPS Mr. Agency Official Director, Planning Division Some Government Agency 1168 14th Street Washington, D.C. Dear Mr. Agency Official: (Cite the name of local contact or letter of request) indicates that you want a copy of certain information in our Confidential Business Information (CBI) files. Please be advised that our long-standing policy is to release CBI to only those persons duly authorized to have access. Since we have not previously granted clearance for access to Clean Air Act (CAA) information to you or anyone in your organization, we request assurance that this information will be handled according to applicable federal regulations. To provide a record of your agreement to safeguard the information, we require that you sign and return the accompanying CBI Security Agreement. We will release the requested information to you upon receipt of this agreement. Sincerely, Bruce C. Jordan Director, BSD Enclosure 85 ------- APPENDIX M LETTER TO ACCOMPANY CAA CBI TRANSFERRED OUTSIDE OAOPS Mr. Agency Official Director, Planning Division Some Government Agency 1108 14th Street Washington, B.C. 20460 Dear Mr. Agency Official: Your security agreement associated with the request for access to (describe information) has been received. We are therefore releasing the enclosed Confidential Business Information to your custody. Please sign the attached Custody Receipt and return it to: Melva W. Toomer, OAQPS CBI Manager Emission Standards Division (MD-13) Office of Air Quality Planning and Standards U.S. Environmental Protection Agency Research Triangle Park, NC 27711 Sincerely, Bruce C. Jordan Director Emission Standards Division Enclosures 86 ------- APPENDIX M UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Office of Air Quality Planning and Standards Research Triangle Park, North Carolina 2771 1 SAMPLE TRANSFER LETTER TO PROVIDING FACILITIES Mr. Thomas Jones Environmental Control Manager Toomer's Steel, Inc. 1040 Pine Avenue, SE Warren, WA 44483-6528 Dear Mr. Jones: Thank you for your efforts in coordinating a visit to Toomer's Steel facility in Warren, Washington on August 31, 1993. The EPA appreciates the time that you spent discussing your manufacturing processes and conducting an inspection of your facility. Enclosed is a draft of the trip report that has been prepared based on the information obtained during our site visit. We would appreciate your reviewing the report for any errors or omissions. You may return the enclosed copy of the report with your written comments. Since this report will eventually become a part of the public record, we want to portray your operations as accurately as possible. If you believe that disclosure of any specific information contained in the trip report would reveal trade secrets or other confidential information, you should clearly identify the specific information. Please do not label the entire report "confidential" if only certain portions consist of trade secret information. If the Environmental Protection Agency (EPA) determines that there is a need to disclose such information, we will need, at that time, the following to support your claim: 1. Measures taken by Toomer's Steel, Inc. to guard against undesired disclosure of the specific information to others; 2. The extent to which the specific information has been disclosed to others and the precautions taken in connection therewith; 87 ------- 3. Pertinent confidentiality determinations, if any, by other Federal agencies (furnish a copy of any such determination or reference to it, if available); and 4. Whether Toomer's Steel, Inc. asserts that disclosure of the specific information would be likely to result in substantial harmful effects on its competitive position, and, if so, what those harmful effects would be, why they should be viewed as substantial, and an explanation of the causal relationship between disclosure and such harmful effects. Any specific information subsequently determined to constitute a trade secret will be protected under 18 U.S.C. 1905. If no claim of confidentiality accompanies the information when it is received by EPA, it may be made available to the public by EPA without further notice (40 CFR Part 2.203, September 1, 1976) . All emission data, however, will be available to the public. A clarification of what EPA considers to be emission data is contained in Enclosure 2. We respectfully request that you submit your review comments on the trip report by June 1, 1995. If you concur with the information contained in the report and if no confidential information is contained in the report, we would appreciate a letter to that effect. Please return the report and attachments along with this letter. If we do not hear from you by June 1, 1995, EPA will consider the report nonconfidential, complete, correct, and final. Thank you for your cooperation. The information supplied by Toomer's Steel, Inc. will be most helpful in our study. If you have any questions or wish to give comments by phone, please call Phil Hinson at (919) 541-5289. Sincerely, , Leader Metals Group Emission Standards Division 2 Enclosures 88 ------- APPENDIX M. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Office of Air Quality Planning and Standards Research Triangle Park, North Carolina 2771 1 SAMPLE TRANSFER LETTER TO PROVIDING FACILITY Mr. Gordon Brown Environmental Manager State Paper Board Post Office Box 9999 Whitehouse, Georgia 30913 Dear Mr. Brown: Thank you for reviewing the trip report for the September 14, 1994 visit to the State Paper Board mill in Whitehouse, GA, by representatives from the U.S. Environmental Protection Agency and Northwest Research Institute (NRI). Your comments have been incorporated in the enclosed final trip report. The trip report includes a nonconfidential version plus a confidential addendum. The confidential addendum consists of those items you identified as confidential business information (CBI) in your February 7, 1995 letter. Unless we hear from you by April 19, 1995 with further comments or corrections, we will treat the nonconfidential trip report and the confidential addendum as final. In its final form, the nonconfidential trip report may be accessed by the general public following proposal of the national emission standards for hazardous air pollutants for combustion sources in the sand and paper industry. The confidential addendum can only be accessed by those authorized to view CAA CBI pertaining to the sand and paper industry. If you have any questions or additional comments, please contact Mr. John Smith of my staff at (919) 541-9999 or Ms. Sally Sue of NRI at (919) 685-1234 (ext. 349). Thank you for your cooperation. Sincerely, Group Leader (name) Specific Group Enclosures 89 ------- |