Notice2021-14117
United States Department of Justice and Parties to Certain Litigation; Transfer of Data
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 1, 2021
Issuing agencies
Environmental Protection Agency
Abstract
This notice announces that information submitted to the Environmental Protection Agency (EPA) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Federal Food, Drug, and Cosmetic Act (FFDCA), and/or the Toxic Substances Control Act (TSCA), including information that may have been claimed as Confidential Business Information (CBI) by the submitter, has been and will be transferred to the U.S. Department of Justice (DOJ) for transfer to the parties to certain litigation. This transfer of data is in accordance with the CBI regulations governing the disclosure of potential CBI in litigation.
Full Text
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<title>Federal Register, Volume 86 Issue 124 (Thursday, July 1, 2021)</title>
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[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Pages 35087-35088]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14117]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2003-0004; FRL-10025-45]
United States Department of Justice and Parties to Certain
Litigation; Transfer of Data
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces that information submitted to the
Environmental Protection Agency (EPA) pursuant to the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Federal Food,
Drug, and Cosmetic Act (FFDCA), and/or the Toxic Substances Control Act
(TSCA), including information that may have been claimed as
Confidential Business Information (CBI) by the submitter, has been and
will be transferred to the U.S. Department of Justice (DOJ) for
transfer to the parties to certain litigation. This transfer of data is
in accordance with the CBI regulations governing the disclosure of
potential CBI in litigation.
DATES: Access to this information by DOJ and the parties to certain
litigation is ongoing and expected to continue during the litigation as
discussed in this Notice.
FOR FURTHER INFORMATION CONTACT: For technical information contact:
Colby Linter, Program Management and Operations Division (7407M),
Office of Pollution Prevention and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC
[[Page 35088]]
20460-0001; telephone number: (202) 564-8182; email address:
<a href="/cdn-cgi/l/email-protection#610d080f150f04134f020e0d0318210411004f060e17"><span class="__cf_email__" data-cfemail="97fbfef9e3f9f2e5b9f4f8fbf5eed7f2e7f6b9f0f8e1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This notice is being provided pursuant to 40
CFR 2.209(d) to inform affected businesses that EPA, via DOJ, will
provide certain information to the parties and the Court in the matter
of In Re: Aqueous Film-Forming Foams Products Liability Litigating (MDL
No. 2:18-mn-2873-RMG) (D.S.C.) (``AFFF litigation''). The information
is contained in documents that have been submitted to EPA pursuant to
FIFRA, the FFDCA, and/or TSCA by pesticide registrants or other data-
submitters, including information that has been claimed to be, or
determined to potentially contain, CBI.
The AFFF Litigation is Multidistrict Litigation established in
December 2018 involving over 1,000 consolidated Per- and
polyfluoroalkyl substances (PFAS) cases in the U.S. District Court for
the District of South Carolina, primarily alleging tort claims against
private parties, including manufacturers, for products liability,
public nuisance, and negligence concerning the manufacture and use of
Aqueous Film-Forming Foams (AFFF).
Although the primary focus of the litigation is on the
manufacturers of AFFF, the United States is a party to 24 lawsuits
relating to discharges of AFFF that allegedly contaminated drinking
water at various federal sites, such as Air Force bases. The primary
federal agencies named as defendants are the Air Force, the National
Guard Bureau, and the Department of Defense, but EPA is a named
defendant in one pro se case.
EPA is under an obligation to respond to Requests for Production
(RFPs) in In Re: Aqueous Film-Forming Foams Products Liability
Litigating (MDL No. 2:18-mn-2873-RMG) (D.S.C.). The case has entered
the discovery phase, and although a final Scheduling Order has not yet
been entered, the Court has ordered expedited discovery. The documents
being produced may include ``Confidential Business Information'' such
as any material or words with rights that may be protected under the
U.S. Copyright Act of 1976, Public Law 94-553, 90 Stat. 2541, codified,
as amended, at Title 17 of the U.S. Code; trade secrets and/or
confidential business information protected from disclosure by Section
14 of the TSCA, 15 U.S.C. 2613(a); and/or documents submitted with
pesticide registration applications and may include CBI under FIFRA
section 10, 7 U.S.C. 136h, including scientific studies subject to the
disclosure restrictions of FIFRA section 10(g), 7 U.S.C. 136h(g).
All documents that may be subject to release restrictions under
federal law will be designated as ``Confidential Information,''
``Highly Confidential Information,'' and/or ``Export Control
Information'' in the Protective Order (``Case Management Order 4.A'')
already filed and publicly available in the AFFF litigation. EPA would
only produce such documents in accordance with the Protective Order,
which would require that such documents would be filed under seal and
would not be available for public review, unless the information
contained in the document has been determined to not be subject to
protected status and all CBI has been redacted.
Authority: 7 U.S.C. 301 et seq.; 15 U.S.C. 2601 et seq; 21
U.S.C. 301 et seq.
Dated: June 28, 2021.
Pamela Myrick,
Director, Program Management and Operations Division, Office of
Pollution Prevention and Toxics.
[FR Doc. 2021-14117 Filed 6-30-21; 8:45 am]
BILLING CODE 6560-50-P
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