[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Notices]
[Pages 36912-36913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13580]
[[Page 36912]]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2016-0234; FRL-9947-47-OAR]
Access by EPA Contractors to Information Claimed as Confidential
Business Information (CBI) Submitted Under Title II of the Clean Air
Act and Related Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The EPA's Office of Transportation and Air Quality (OTAQ)
plans to authorize various contractors to access information which will
be submitted to the EPA under the Clean Air Act that may be claimed as,
or may be determined to be, confidential business information (CBI).
Access to this information, which is related to registration of fuels
and fuel additives under 40 CFR part 79; various fuels reporting
programs under 40 CFR part 80; and reporting of various greenhouse gas
reporting items under the mandatory reporting rule of 40 CFR part 98,
subparts A, LL and MM, will begin on June 20, 2016.
In addition to fuels-related reporting, this notice addresses
access to information related to vehicles and engine compliance under
40 CFR part 86, 40 CFR part 600, 40 CFR part 1033, 40 CFR part 1036, 40
CFR part 1039, 40 CFR part 1042, 40 CFR part 1045, 40 CFR part 1048, 40
CFR part 1051, 40 CFR part 1054, 40 CFR part 1060, and 40 CFR part
1068.
DATES: The EPA will accept comments on this Notice through June 13,
2016.
FOR FURTHER INFORMATION CONTACT: Anne-Marie Pastorkovich, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., MC 6405A, Washington, DC
20004; telephone number: 202-343-9623; fax number: 202-343-2800; 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 information to the
EPA regarding the following programs: Fuel and fuel additive
registration (40 CFR part 79); and various fuels programs including
reformulated gasoline, anti-dumping, gasoline sulfur, ultra low sulfur
diesel, benzene content, and the renewable fuel standard (40 CFR part
80). Parties who may be interested include refiners, importers,
producers of renewable fuels, parties who engage in Renewable
Identification Number (RIN) transactions, and all those who submit
compliance reports to the EPA via any method (e.g., via EPA's Central
Data Exchange, or CDX), including those who engage in reporting via the
EPA Moderated Transaction System (EMTS).
This action may be of particular interest to parties such as
suppliers of coal-based liquid fuels and suppliers of petroleum
products, as described in 40 CFR part 98 subparts LL and MM,
respectively. (40 CFR part 98, subpart A contains general provisions
related to registration and reporting.) Parties who may be interested
in this notice include refiners, importers, and exporters of these
products.
This action may also be of particular interest to parties who
submit information to EPA's vehicle and engine compliance information
system, commonly known as the Verify system, under 40 CFR part 86, 40
CFR part 600, 40 CFR part 1033, 40 CFR part 1036, 40 CFR part 1039, 40
CFR part 1042, 40 CFR part 1045, 40 CFR part 1048, 40 CFR part 1051, 40
CFR part 1054, 40 CFR part 1060, and 40 CFR part 1068.
This Federal Register notice may be of particular relevance to
parties that submit or have submitted data under the above-listed
programs or systems. Since other parties may also be interested, the
Agency has not attempted to describe all the specific parties that may
be affected by this action. 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-2016-0234.
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-2016-0234 will be
available for public viewing at the EPA Docket Center Reading Room, WJC
West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC
20004. The EPA Docket Center Public Reading Room is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding Federal holidays. The
telephone number for the Reading Room is (202) 566-1744, and the
telephone number for the Air and Radiation Docket is (202) 566-1742.
III. Description of Programs and Potential Disclosure of Information
Claimed as Confidential Business Information (CBI) to Contractors
The EPA's Office of Transportation and Air Quality (OTAQ) has
responsibility for protecting public health and the environment by
regulating air pollution from motor vehicles, engines, and the fuels
used to operate them, and by encouraging travel choices that minimize
emissions. In order to implement various Clean Air Act programs, and to
permit regulated entities flexibility in meeting regulatory
requirements (e.g., compliance on average), we collect compliance
reports and other information from them. The information submitted may
be claimed as confidential business information (CBI). Information
submitted under such a claim is handled in accordance with EPA's
regulations at 40 CFR part 2, subpart B and in accordance with the 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
contractors, subcontractors, and grantees (collectively referred to as
``contractors'') listed below require access to CBI submitted to us
under the Clean Air Act and in connection with various programs related
to fuels, vehicles, and engines and we are providing notice and an
opportunity to comment. OTAQ collects this data in order to monitor
compliance with Clean Air Act programs and, in many cases, to permit
regulated parties flexibility in meeting regulatory requirements. For
example, data that may contain CBI are collected to register fuels and
fuel additives prior to introduction into commerce. Certain programs
are designed to permit regulated parties an
[[Page 36913]]
opportunity to comply on average, or to engage in transactions using
various types of credits. For example, OTAQ collects information about
batches of gasoline that refiners produce to ensure compliance with
reformulated gasoline standards and this batch information may be
claimed as CBI. 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 Contract Number GSGD0022, CGI Incorporated, located at 1100
New Jersey Avenue SE., Suite 800, Washington DC 20003, and its
subcontractor, CACI International Incorporated, located at 4114 Legato
Road, Fairfax, VA 22033, provide report processing, program support,
technical support, and information technology services that involve
access to information claimed as CBI related to 40 CFR part 79, 40 CFR
part 80, and 40 CFR part 98 subparts A, LL, and MM. Access to data,
including information claimed as CBI, will commence on June 20, 2016
and will continue until March 26, 2019. If the contract is extended,
this access will continue for the remainder of the contract without
further notice.
This Federal Register notice is in addition to our Federal Register
notice entitled ``Access by EPA Contractors to Information Claimed as
Confidential Business Information (CBI) Submitted under Title II of the
Clean Air Act and Related Regulations,'' which was published on
December 21, 2015.\1\ The access described under that notice and
affecting submissions under 40 CFR part 79, 40 CFR part 80, and 40 CFR
part 98 subparts A, LL, and MM continues and is unaffected by this
notice.
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\1\ See 80 FR 79329 (December 21, 2015). The notice may be
viewed at the Federal Register Web page at https://federalregister.gov/a/2015-32011.
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Furthermore, in accordance with 40 CFR 2.301(h), we have determined
that the contractors, subcontractors, and grantees (collectively
referred to as ``contractors'') listed below require access to CBI
submitted to us under the Clean Air Act and in connection with the
vehicle and engine compliance information system, commonly known as the
Verify system, under 40 CFR part 86, 40 CFR part 600, 40 CFR part 1033,
40 CFR part 1036, 40 CFR part 1039, 40 CFR part 1042, 40 CFR part 1045,
40 CFR part 1048, 40 CFR part 1051, 40 CFR part 1054, 40 CFR part 1060,
and 40 CFR part 1068. We are providing notice and an opportunity to
comment. 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 Contact Number GS00Q09BGD0025, CSC Government Solutions LLC,
located at 1500 Conference Center Drive, Chantilly, VA 20151 provides
Information Technology (IT) support services related to the EPA's
vehicle and engine compliance information system, commonly known as the
Verify system, under 40 CFR part 86, 40 CFR part 600, 40 CFR part 1033,
40 CFR part 1036, 40 CFR part 1039, 40 CFR part 1042, 40 CFR part 1045,
40 CFR part 1048, 40 CFR part 1051, 40 CFR part 1054, 40 CFR part 1060,
and 40 CFR part 1068. Access by this contractor to vehicle and engine
data and information under this contract, including information claimed
as CBI, has been ongoing since March 10, 2016 and is expected to
continue for the remainder of the contract without further notice.
Parties who want 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: June 2, 2016.
Byron J. Bunker,
Director, Compliance Division, Office of Transportation and Air
Quality, Office of Air and Radiation.
[FR Doc. 2016-13580 Filed 6-7-16; 8:45 am]
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