[Federal Register Volume 71, Number 93 (Monday, May 15, 2006)]
[Notices]
[Pages 28024-28025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7330]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8170-2]


Animal Feeding Operations Consent Agreement and Final Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is considering the disclosure of certain information that 
may be subject to a claim of confidential business information (CBI) in 
connection with a proceeding before EPA's Environmental Appeals Board 
(EAB). The information is the name and address of Animal Feeding 
Operations (AFOs) who have submitted consent agreements and final 
orders to EPA to resolve potential civil violations related to air 
emissions from their facilities. EPA is requesting comments from the 
effected AFOs regarding the potential disclosure of their names and 
address.

DATES: Comments must be received by May 22, 2006.

ADDRESSES: Submit comments to:
    Director, Attn: AFO CAFO Confidential Business Information 
Comments, Special Litigation and Projects Division (2248A), 1200 
Pennsylvania Ave., NW., Washington, DC 20460.
    Comments may also be submitted via facsimile to (202) 564-0010 or 
via e-mail at [email protected].

FOR FURTHER INFORMATION CONTACT: For further information regarding this 
notice, contact Bruce Fergusson at (202) 564-1261 or at 
[email protected].

[[Page 28025]]


SUPPLEMENTARY INFORMATION: On January 31, 2005, EPA offered certain 
Animal Feeding Operations (AFOs) the opportunity to sign a consent 
agreement and final order resolving potential violations under the 
Clean Air Act (CAA), the Comprehensive Environmental Response, 
Compensation and Liability Act (CERCLA), and the Emergency Planning and 
Community Right-to-Know Act (EPCRA) (henceforth referred to as the 
``Air Compliance Agreement'' or the ``Agreement''). By the close of the 
sign-up period on August 12, 2005, EPA had received over 2600 signed 
Agreements from AFOs. Approximately 1200 of the Agreements included 
broad claims by the submitting AFOs that the facility specific 
information that was required to be submitted in Attachment A to the 
Agreements was entitled to confidential treatment for reasons of 
business confidentiality (CBI). These broad claims potentially included 
the name of the facility and its address, which are found in Attachment 
A to the Agreements. EPA is considering the disclosure of the names and 
addresses of these AFOs in connection with the submittal of these 
proposed consent agreements and final orders to the EAB for approval.
    With respect to proceedings commenced at EPA Headquarters, EPA is 
required to obtain a final order from the EAB ratifying any consent 
agreement that disposes of the proceeding. In accordance with this 
requirement, EPA submitted 20 Agreements, which did not contain any CBI 
claims, to the EAB on November 11, 2005, for approval. On January 27, 
2006, the Board approved the first 20 Agreements. On April 11, 2006, 
EPA submitted 702 additional Agreements, which did not contain any CBI 
claims, to the EAB for approval. These additional Agreements were 
approved on April 17, 2006.
    EPA is preparing to submit most of the approximately 1200 
Agreements that contain information claimed as CBI to the EAB for 
review and approval. In connection with those proceedings, EPA is 
considering the disclosure of the names and addresses of the AFOs who 
signed the Agreements (the Respondents) pursuant to 40 CFR 2.301(g) 
(``Disclosure of information relevant to a proceeding''), 
notwithstanding that the information may be subject to a CBI claim. 
EPA's filings with the EAB are public, thus this information would be 
available to the public upon EPA's filing of the proposed Agreements 
and final orders. EPA is not considering, at this time, disclosing to 
the public any other information that has been claimed to be CBI. EPA 
is considering disclosing names and addresses because, initially, it 
appears that: (1) The names and addresses of the Respondents are 
relevant to the subject of the proceedings; (2) the public interest 
would be served by making available the names and addresses of the 
businesses with which EPA will be entering into consent agreements; and 
(3), the names and addresses of these businesses are reasonably 
attainable by other persons through public records such as telephone 
books and other business listings.
    EPA is hereby providing an opportunity for any affected AFO to 
provide comments on the proposal by EPA to make their names and 
addresses available as part of the proceeding before the EAB to approve 
their Agreement. Such comments should address the issue of whether its 
name and address are relevant to the proceeding and whether it is in 
the public interest to disclose that information. The affected AFO may 
also address the issue of whether its name and address are entitled to 
confidential treatment pursuant to the criteria set forth in 40 CFR 
2.208, including whether the information is reasonably obtainable by 
other persons through legitimate means. All comments should be 
submitted within five (5) days of the date of this notice. EPA is not 
seeking, or considering, comments from anybody other than the affected 
AFOs.
    In accordance with 40 CFR 2.204(e)(1), any failure by an AFO to 
furnish timely comments will be construed as a waiver of its claim, and 
EPA will forward their Agreement to the EAB for review and approval no 
earlier than five (5) days after the close of the comment period. 
Although the names and addresses of the AFOs will be available to the 
public at that time, other information about the facility claimed as 
CBI will continue to be handled in accordance with EPA's CBI 
regulations. For those AFOs who furnish timely comments, EPA will 
proceed to make a determination under 40 CFR 2.301(g) after the close 
of the comment period.

    Dated: May 9, 2006.
Robert A. Kaplan,
Director, Special Litigation and Project Division, Office of Civil 
Enforcement, Office of Enforcement and Compliance Assurance.
[FR Doc. E6-7330 Filed 5-12-06; 8:45 am]
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