[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Notices]
[Pages 81266-81267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32449]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2010-1029; FRL-9242-9]


Access by EPA Contractors to Information Claimed as Confidential 
Business Information (CBI) Submitted Under the Clean Air Act and 
Related to the Mandatory Greenhouse Gas (GHG) Reporting Rule, 40 CFR 
Part 98, Subparts A, LL and MM

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA's Office of Transportation and Air Quality (OTAQ) plans to 
authorize various contractors to access information which will be 
submitted to EPA under the Clean Air Act that may be claimed as, or may 
be determined to be, confidential business information (CBI). 
Contractor access to this information, which is related to the 
Mandatory Greenhouse Gas (GHG) Reporting Rule, 40 CFR Part 98, subparts 
A, LL and MM, will begin January 6, 2011.

DATES: EPA will accept comments on this Notice through January 3, 2011.

FOR FURTHER INFORMATION CONTACT: Anne-Marie C. Pastorkovich, 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW. (6406J), 
Washington, DC 20460; telephone number: 202-343-9623; fax number: 202-
343-2801; e-mail 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 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. 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

    EPA has established a public docket for this Federal Register 
notice under Docket EPA-HQ-OAR-2010-1029.
    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-2010-1029 will be 
available for public viewing at the EPA Docket 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 Programs and Potential Disclosure of Information 
Claimed as Confidential Business Information (CBI) to Contractors

    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. Occasionally, the information 
submitted is claimed to be 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 
EPA procedures, including comprehensive system security plans (SSPs) 
that are consistent with those regulations. When 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 the Mandatory GHG 
Reporting program. We are providing notice and an opportunity to 
comment. OTAQ collects this data in order to monitor compliance with 
the Mandatory GHG Reporting program. We are issuing this Federal 
Register notice to inform all submitters of information within our 
reporting system 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 EP-W-09-22, PowerSolv, Incorporated, 1801 
Robert Fulton Drive 550, Reston, Virginia, 20191 and its 
subcontractor, Indus Corporation, 1951 Kidwell Drive--8th Floor, 
Vienna, Virginia, 22182 provides technical support and information 
technology services that involve access to information claimed as CBI 
related to the Mandatory GHG Reporting Rule. Access to data, including 
information claimed as CBI, will commence on January 6, 2011 and will 
continue until May 31, 2011. If the contract is extended, this access 
will continue for the remainder of the contract without further notice.
    Under Contract Number EP-W-10-15, Compass Solutions, Incorporated, 
2760 Eisenhower Avenue, Suite 404, Alexandria, Virginia 22314 provides 
report processing and program support that involves access to 
information claimed as CBI related to the Mandatory GHG Reporting Rule. 
Access to data, including information claimed as CBI, will commence on 
January 6, 2011 and will continue until September 30, 2011. If the 
contract is extended, the access described in this paragraph will 
continue for the remainder of the contract and any further extensions 
without further notice.
    Under Contract Number GS35F4797H, CGI, Incorporated, 12601 Fair 
Lakes Circle, Fairfax, Virginia, 22033 provides technical and 
information technology support related to submission of data via EPA's 
Central Data Exchange (CDX). Access to fuels data, including 
information claimed as CBI, will

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commence on January 6, 2011 and will continue until March 31, 2012. If 
the contract is extended, this access will continue for the remainder 
of the contract and any further extensions without further notice.
    OTAQ utilizes the services of enrollees under the Senior 
Environmental Employment (SEE) program. Some SEE enrollees are provided 
through Grant Number CQ-83880-01, Senior Service America, Inc., (SSAI), 
8403 Colesville Road, Suite 1200, Silver Spring, Maryland 20910-3314. 
SEE enrollees are also provided through Grant Number CQ-833436, the 
National Association for Hispanic Elderly (NAHE), 234 E. Colorado 
Blvd., Suite 300, Pasadena, California 91101. Access to data related to 
the Mandatory GHG Reporting Rule, including information claimed as CBI 
will commence on January 6, 2011 and will continue until August 31, 
2011. If these grants are extended, this access will continue for the 
remainder of the grants and any future extensions 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.

    Dated: December 10, 2010.
Karl J. Simon,
Director, Compliance and Innovative Strategies Division, Office of 
Transportation & Air Quality, Office of Air and Radiation.
[FR Doc. 2010-32449 Filed 12-23-10; 8:45 am]
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