[Federal Register Volume 81, Number 27 (Wednesday, February 10, 2016)]
[Notices]
[Pages 7095-7096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02728]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2012-0546; FRL-9942-21-OAR]
Contractor Access to Information Claimed as Confidential Business
Information Submitted Under Title II of the Clean Air Act and Related
to the Renewable Fuel Standard Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency's (EPA) Office of
Transportation and Air Quality plans to authorize a contractor to
access information which has been and will be submitted to the EPA
under Title II of the Clean Air Act and that may be claimed as, or may
be determined to be, confidential business information. Such
information is related to small refinery exemptions under the Renewable
Fuel Standard program.
[[Page 7096]]
DATES: The EPA will accept comments on this notice through FEBRUARY 10,
2021.
FOR FURTHER INFORMATION CONTACT: Greg Piotrowski, Environmental
Protection Agency, Office of Transportation and Air Quality, Compliance
Division, 2000 Traverwood, Ann Arbor, Michigan, 48105; telephone
number: 734-214-4493; fax number: 734-214-4869; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Does this Notice apply to me?
This action is directed to the general public. However, this action
may be of particular interest to parties who submit or have previously
submitted a small refinery exemption petition to the EPA under the
Renewable Fuel Standard (RFS) program as described in 40 CFR part 80,
subpart M. If you have further questions regarding the applicability of
this action to a particular party, please contact the person listed in
FOR FURTHER INFORMATION CONTACT.
II. How can I get copies of this document and other related
information?
A. Electronically
The EPA has established a public docket for this Federal Register
notice under Docket EPA-HQ-OAR-2012-0546.
All documents in the docket are identified in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, such as confidential
business information (CBI) or other information for which disclosure is
restricted by statute. Certain materials, such as copyrighted material,
will only be available in hard copy at the EPA Docket Center.
B. EPA Docket Center
Materials listed under Docket EPA-HQ-OAR-2012-0546 will be
available either electronically through http://www.regulations.gov or
in hard copy at the Air and Radiation Docket and Information Center,
EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue NW., Washington,
DC 20460. The EPA Docket Center Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is (202) 566-1744, and the
telephone number for the Air Docket is (202) 566-1742.
III. Description of Program and Potential Disclosure of Information
Claimed as CBI to Contractors
The RFS program as established by the Energy Policy Act of 2005 and
amended by the Energy Independence and Security Act of 2007 exempted
small refineries from the renewable fuel standards through December 31,
2010. After this initial period, the statute allows that small
refineries may, on a case-by-case basis, petition the EPA for an
extension of their exemption. The EPA may approve such petitions if it
finds that disproportionate economic hardship exists. The EPA continues
to implement these provisions. In evaluating such petitions, the EPA
must consult with the Department of Energy (DOE), and must consider the
findings of the DOE study required under CAA 211(o)(9)(A)(ii)(I) and
other economic factors. Historically, companies seeking a small
refinery exemption have claimed their petitions to be CBI. Information
submitted under such a claim is handled in accordance with the EPA's
regulations at 40 CFR part 2, subpart B and in accordance with EPA
procedures, including comprehensive system security plans (SSPs) that
are consistent with those regulations. When the EPA has determined that
disclosure of information claimed as CBI to contractors is necessary,
the corresponding contract must address the appropriate use and
handling of the information by the contractor and the contractor must
require its personnel who require access to information claimed as CBI
to sign written non-disclosure agreements before they are granted
access to data.
In accordance with 40 CFR 2.301(h), we have determined that the
contractor listed below requires access to CBI submitted to the EPA
under the Clean Air Act and in connection with the RFS program (40 CFR
part 80, subpart M). We are issuing this Federal Register notice to
inform all affected submitters of information that we plan to grant
access to material that may be claimed as CBI to the contractors
identified below on a need-to-know basis.
Under DOE Contract Number 5F-32501, Stillwater Associates, 3
Rainstar, Irvine, California 92614, has provided and will continue to
provide technical support that involves access to information claimed
as CBI related to 40 CFR part 80, subpart M. Access to data, including
information claimed as CBI, will commence immediately upon publication
of this notice in the Federal Register and will continue indefinitely
as the Agency expects to receive additional petitions for small
refinery exemptions for future annual program compliance periods. If
the contract is extended, this access will continue for the remainder
of the contract without further notice.
Parties who wish further information about this Federal Register
notice or about OTAQ's disclosure of information claimed as CBI to
contactors may contact the person listed under FOR FURTHER INFORMATION
CONTACT.
List of Subjects
Environmental protection; Confidential business information.
Dated: February 3, 2016.
Byron J. Bunker,
Director, Compliance Division, Office of Transportation and Air
Quality, Office of Air and Radiation.
[FR Doc. 2016-02728 Filed 2-9-16; 8:45 am]
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