Un.ted States
            tnvironmental Protection
            Agency
          Office of
          Toxic Substances
          Washyiqton DC 20460
                              July 1978
            Toxic Substances
SEPA
TSCA Confidential
Business Information
Security Briefing
Booklet

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"Because it's so important for us to have this {confidential business]
information to carry out TSCA, we have made considerable effort to
develop security procedures for handling it that we believe are second
to none, in government or in industry. But any security system of this
kind is only as good as the people who maintain it. Its effectiveness
depends on constant, careful adherence to established procedures by
each and every person involved. I urge you to study and leam these
procedures and to encourage those who work with you to do the
same."

From remarks by Steve Jellinek, Assistant Administrator for
Toxic Substances, in the preface to the TSCA Confidential
Business Information Security Manual.

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   TSCA CONFIDENTIAL BUSINESS INFORMATION
   SECURITY BRIEFING BOOKLET
         "You are responsible and accountable for all
   TSCA Confidential Business Information that you receive"
INTRODUCTION

The TSCA Confidential Business Information Security Manual
prescribes minimum standards and establishes responsibility and ac-
countability for the control and physical security of documents that
contain confidential business information received under the Toxic
Substances Control Act (TSCA).

You as an authorized person,** must know the requirements of the
Manual. This booklet summarizes some important points for you but
is not intended to be a substitute for thorough knowledge of the
Manual.

When you have any questions about security procedures or need
clarification or interpretation of points in this Booklet or in the
Manual, ASK YOUR DOCUMENT CONTROL OFFICER JDCO).
He/she is the person responsible for the overall security, control and
distribution of confidential business information received in his/her Of-
fice, Region or Laboratory.

**Only authorized persons should receive TSCA Confidential Business
Information. However, all employees are bound by section 14 of
TSCA and by the procedures in the Manual. If, through error or
negligence, an unauthorized employee receives any TSCA Confidential
Business Information, he/she should take it immediately to the
nearest Document Control Officer (DCO), or, if there is no DCO, to
his/her supervisor.

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  POLICY

  It is the policy of EPA to take all reasonable measures to prevent the
  unauthorized disclosure of Confidential Business Information. EPA
  employees are prohibited from disclosing, in any manner and to any
  extent not authorized by law or EPA regulations, any TSCA  Confiden-
  tial Business Information coming to them in the course of their
  employment or official duties.

  TSCA Confidential Business Information is to be held in confidence,
  and handled in accordance with the procedures set forth in the TSCA
  Confidential  Business Information Security Manual.
TREATMENT OF VIOLATIONS

A "violation" is the failure to comply with any provision in the TSCA
Confidential Business Information Security Manual, whether or not
such failure leads to actual unauthorized disclosure of TSCA Con-
fidential Business Information.

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 If you violate the procedures in the Manual, you may be removed
 from the authorized access list and be subject to disciplinary action
 with penalties up to and including dismissal, under policies and pro-
 cedures in the EPA Conduct and Discipline Manual.

 If you willfully make any unauthorized disclosure of TSCA Confidential
 Business Information, you may be subject to a fine of not more than
 $5,000 or imprisonment for not more than one year or both,  in addi-
 tion to Administrative disciplinary action.
EMPLOYEE RESPONSIBILITIES

You are responsible for the control and security of all TSCA Confiden-
tial Business Information you receive. Specifically, you shall:

   • Discuss TSCA Confidential Business Information only with
     authorized persons.
      "Actually it's not so bad. You get used to it very quickly"

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•  Safeguard TSCA Confidential Business Information when in ac-
   tual use by:

   —  keeping it under constant surveillance and being in a position
      to exercise direct physical control over it.

   —  Covering it, turning it face down, placing it in approved
      storage containers, or otherwise protecting it when unauthor-
      ized persons are present.

   —  Returning it to approved storage containers when not in use
      and at close of business.

•  Store  TSCA Confidential Business Information when not in use
   and at close of business, at a minimum, within a metal cabinet
   with a bar and a three-way changeable combination padlock ap-
   proved by the Security and Inspection Division  (SID).

•  Safeguard combinations to locks, safes, and rooms that contain
   TSCA Confidential Business Information, and have them
   changed once each year or every time a person who knows the
   combination terminates or transfers, whichever comes first.

•  Immediately report possible violations of TSCA or of the pro-
   cedures in the TSCA Confidential Business Information Security
   Manual to SID.

•  Not reproduce TSCA Confidential Business Information
   documents. Copies must be obtained through a DCO.

•  Not destroy TSCA Confidential Business Information documents
   except upon approval by and under the supervision of a DCO.

•  Not discuss TSCA Confidential Business Information  over the
   telephone except with the written approval of an Assistant Ad-
   ministrator, Head of  Staff Office, Regional Administrator, or
   Laboratory Director.

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 HANDLING OF INCOMING MAIL

 If your incoming mail contains any TSCA Confidential Business Infor-
 mation, take it to your DCO immediately upon receipt so that it may
 be entered into the document control system. If you open any incom-
 ing mail and discover an inner envelope, take the inner envelope to
 your DCO to be opened. Any correspondence from industry that is
 marked "confidential," "priorietary information,"  "company secret,"
 etc., or otherwise contains a request for confidential treatment,
 should also be taken to your DCO.

Any registered mail received should be opened immediately  by the ad-
dressee or his/her secretary. If it contains any confidential business in-
formation, it should be taken to  the DCO immediately. Any  registered
mail that is not addressed to a specific person should be taken to the
DCO immediately. Do not leave  registered mail in  in-boxes overnight!

For the period of time that you hve "unlogged"  confidential  business
information in your possession,  you are responsible for safeguarding
it. If you do not take it immediately, ,o your DCO, you are guilty of a
violation of security.

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                           AUTHOR/ZED
                             PERSONS
 SECRETARIAL PROCEDURES

 If you are responsible for typing anything which contains TSCA Con-
 fidential Business Information, you must safeguard the original and all
 "mag" cards, one-time ribbons that can be read backwards, drafts,
 scratch paper, notes and any other materials which may contain con-
 fidential business information. Do not make any carbons or copies of
 the document.

 You must ensure that no unauthorized person can see what you are
 typing.

 If you must stop before the task is finished (lunch or close of
 business, for instance), take all materials that may contain confidential
 business information to the author for safeguarding. Leave nothing in
 your typewriter or on your  desk which might lead to the unauthorized
 disclosure of TSCA Confidential Business Information.

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

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GAINING ACCESS TO
TSCA CONFIDENTIAL BUSINESS INFORMATION

When you require access to TSCA Confidential Business Information
to perform your official duties, you should request the required docu-
ment from your DCO. The DCO will:
•  verify that you are on the authorized access list,  and if you request
   access to Special Category** information, that such access has
   been approved.
•  obtain the document and make a  copy of it.***
•  enter the appropriate information  in the User Copy Sign Out Log
   (EPA Form 7710-11) and on the Cover Sheet (EPA Form 7710-6).
The document you receive should have a document control number, a
Cover Sheet and a TSCA Confidential  Business Information stamp.

If you have appropriate storage capability, you may sign the docu-
ment out for a maximum of 30 days. Otherwise, the document must
be returned to the DCO by the close of business that  same day.
MEETINGS

If you are the chairperson for any meeting, symposium, panel discus-
sion or seminar at which TSCA Confidential Business Information will
be discussed, you shall:

   • Provide a sign-in sheet, including the date, time, place and sub-
     ject of the meeting and require all attendees to sign it and record
     their EPA identification badge number. The sign-in sheet should
     be given to the appropriate DCO who will retain it for one year.
 **Special Category TSCA Confidential Business Information relates to
 a) confidential chemical identities, b) product formulations, and c)
 specific processes used in manufacturing or processing chemical
 substances. Requests for access to this information must be specific,
 in writing, and approved by the Assistant Administrator for Toxic
 Substances before the DCO will permit access.

 ***The original remains with the DCO.

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 "Before we begin our meeting, let's review our responsibilities"
•  Ensure that only authorized persons are present and announce
   that confidential business information is to be discussed.

•  Review with the attendees their responsibility for safeguarding
   confidential business information in any and all forms, including,
   but not limited to any notes taken, and any subsequent discus-
   sions.

•  Ensure that no recording is made of the meeting unless you have
   authorized it. Any recording must be treated  as all other con-
   fidential business information and  entered into the document
   control system.

•  Ensure that the  meeting room is secured after the meeting. This
   shall include erasing all blackboards, destroying all tear sheets
   and other notes and ensuring that nothing is  left in the room
   which could  lead to the unauthorized disclosure of confidential
   business information.

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 TRANSMISSION OF
 TSCA CONFIDENTIAL BUSINESS INFORMATION i
                                                 i
 External

 Requests for TSCA Confidential Business Information which require
 the transmission of documents from one EPA facility to another, or to
 persons or parties outside EPA must be in writing and signed by the
 appropriate Assistant Administrator, Head of Staff Office, Regional
 Administrator, or Laboratory Director. Ordinarily, such requests will be
 handled through the local DCO. However, where a DCO  is not
 available, you may have to handle the transmission.
 You must transmit TSCA Confidential Business Information by
 Registered Mail, return receipt requested, in a double envelope. The
\inner envelope must reflect the address of the recipient with the
 following additional wording on the front side:

          CONFIDENTIAL BUSINESS INFORMATION
            TO BE OPENED BY ADDRESSEE ONLY

 The outer envelope must reflect the normal address without the addi-
tional wording.

You may handcarry TSCA Confidential Business Information to other
EPA facilities, or to persons or parties outside EPA, providing the
dispatching DCO maintains a record and obtains a receipt from  the
person receiving the information. Information being handcarried
should be packaged in a double envelope as described in the
preceding paragraph.

Internal

Within  an  EPA installation, you must  hand-deliver TSCA Confidential
Business Information to other authorized persons. At no time shall
TSCA Confidential Business Information be transmitted through inter-
office mailing channels.

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Transfer of Custody

Within your Division, you may transfer custody of a confidential
business information document to another authorized person by using
the Loan Receipt for TSCA Confidential Business Information (EPA
Form 7710-14). You must furnish a copy of the Loan Receipt to your
DCO. The secondary recipient shall also sign the Cover Sheet of the
document.
          *
  GENERATION OF
  TSCA CONFIDENTIAL BUSINESS INFORMATION DOCUMENTS

  If you generate a new document from extracts of existing TSCA Con-
  fidential Business Information documents (except notes covered in
  the next paragraph), you must take the newly generated document to
  your DCO who shall:

    •  Identify it by stamping it "TSCA Confidential Business Informa-
       tion" and "Extracts from document #                  , dated »
            II."

    •  Enter it into the document control system and safeguard it as all
      other TSCA Confidential Business Information.
 NOTES CONTAINING
 TSCA CONFIDENTIAL BUSINESS INFORMATION

 If you take notes from a TSCA Confidential Business Information
 document, a meeting, or any other source, you must protect the
 notes as TSCA Confidential Business Information. If the notes are to
 be circulated to other authorized persons, they shall be entered into
 the Document control system. Any document generated from the
 notes shall be treated as specified in the preceding paragraph.

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 LOST OR UNACCOUNTED FOR DOCUMENTS

 If you become aware that a TSCA Confidential Business Information
 document is lost or otherwise unaccounted for, you should im-
 mediately notify the appropriate local DCO who shall notify the OTS
 DCO. If the document is not located within a reasonable time, the
 matter shall be referred to SID.
WHO CAN I TURN TO?

If you need clarification or interpretation of any of the procedures in
the TSCA Confidential Business Information Security Manual, ASK
YOUR DCO, or in his/her absence the OTS DCO or your supervisor.

Whenever you are uncertain about what to do in a given situation,
ASK YOUR DCO! Better to be safe than sorry!
PEOPLE YOU MAY NEED

LOCAL DCO
OTS DCO
LOCAL SECURITY
REPRESENTATIVE
SECURITY & INSPECTION
DIVISION, EPA
HEADQUARTERS



NAME







PHONE








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