[Federal Register Volume 77, Number 208 (Friday, October 26, 2012)]
[Notices]
[Pages 65377-65379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26425]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2011-0621; FRL-9746-5]
Access by EPA Contractors To Confidential Business Information
Related to the Greenhouse Gas Reporting Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA's Office of Atmospheric Programs plans to authorize the
contractors named in this notice to access information submitted to EPA
under the Greenhouse Gas Reporting Program that may be designated or
claimed as confidential business information. Contractor access to this
information will begin no sooner than November 6, 2012.
DATES: EPA will accept comments on this Notice through November 5,
2012.
ADDRESSES: You may submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2011-0621 by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
Email: [email protected]. Include Docket ID No.
EPA-HQ-OAR-2011-0621 in the subject line of the message.
Fax: (202) 566-9744.
Mail: Environmental Protection Agency, EPA Docket Center
(EPA/DC), Mailcode 2822T, Attention Docket ID No. EPA-HQ-OAR-2011-0621,
1200 Pennsylvania Avenue NW., Washington, DC 20004.
Hand/Courier Delivery: EPA Docket Center, Public Reading
Room, EPA West Building, Room 3334, 1301 Constitution Avenue NW.,
Washington, DC 20004. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2011-0621. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through http://www.regulations.gov your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division,
Office of Atmospheric Programs (MC-6207J), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone
number: (202) 343-9263; fax number: (202) 343-2342; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Comment Information
A. Does this notice apply to me?
This notice is directed to the general public. However, this action
may be of particular interest to parties subject to the requirements of
40 CFR part 98. 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.
B. How can I get copies of this document and other related information?
1. Electronically
EPA has included a public docket for this Federal Register notice
under Docket EPA-HQ-OAR-2011-0621.
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.
2. EPA Docket Center
Materials listed under Docket EPA-HQ-OAR-2011-0621 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
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the telephone number for the Air Docket is (202) 566-1742.
B. What should I consider as I prepare my comments to EPA?
1. Submitting CBI in Response to This Notice
Clearly mark the part or all of the comments that you claim to be
CBI submitted in response to this notice. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information marked as CBI will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2.
If you have any questions about CBI or the procedures for claiming
CBI, please consult the person identified in the FOR FURTHER
INFORMATION CONTACT section.
2. Tips for Preparing Your Comments
When submitting comments, remember to:
Identify this Notice by docket number and other identifying
information (e.g., subject heading, Federal Register date and page
number).
Follow directions. EPA may ask you to respond to specific questions
or organize comments by referencing a CFR part or section number.
Describe any assumptions and provide any technical information and/
or data that you used.
Provide specific examples to illustrate your concerns and suggest
alternatives. Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the deadline identified in the
preceding section titled DATES. To ensure proper receipt by EPA, be
sure to identify the docket ID number assigned to this action in the
subject line on the first page of your response. You may also provide
the name, date, and Federal Register citation.
II. Description of Programs and Potential Disclosure of Information
Claimed as Confidential Business Information to Contractors
EPA's Office of Atmospheric Programs (OAP) has responsibility for
protecting public health and the environment by addressing climate
change, protecting the ozone layer, and improving regional air quality.
In response to the FY2008 Consolidated Appropriations Act (H.R. 2764;
Pub. L. 110-161), EPA created the Greenhouse Gas Reporting Program
(GHGRP), 40 CFR part 98 (Part 98), which requires reporting of
greenhouse gas (GHG) data and other relevant information from large
sources and suppliers in the United States. The purpose of Part 98 is
to collect accurate and timely GHG data to inform future policy
decisions. Some of the information submitted is designated or claimed
to be CBI. Such information is handled in accordance with EPA's
regulations in 40 CFR part 2, subpart B and in accordance with EPA
procedures that are consistent with those regulations.
EPA has, at times, determined that it is necessary to disclose to
EPA contractors and subcontractors certain information that has been
designated or claimed as CBI. When this occurs, the corresponding
contract must address the appropriate use and handling of the
information by the contractor. In every instance, the contractor or
subcontractor must require its personnel who need access to information
designated or claimed as CBI to sign written agreements before they are
granted access to the data. These agreements must provide that the
contractor and its personnel ``shall refrain from disclosing the
information to anyone other than EPA without the prior written approval
of each affected business or of an EPA legal office.'' Before providing
CBI access to any contractor, EPA must also determine in writing that
CBI disclosure to the contractor or subcontractor is necessary to carry
out the work required by the contract or subcontract (40 CFR
2.301(h)(2)(i)).
In addition to contractors' requirement to sign written agreements
prior to being granted access to CBI and EPA's requirement to determine
in writing that CBI disclosure to contractors is necessary, EPA is also
required to give notice in accordance with 40 CFR 2.301(h)(2)(iii). EPA
has determined that the contractors, subcontractors, and grantees
(collectively referred to as ``contractors'') listed below may require
access to data submitted to EPA under the GHGRP that is designated or
claimed as CBI. EPA is providing notice and an opportunity to comment
and is issuing this Federal Register notice to inform all reporters of
information under Part 98 that EPA may grant access to material that
may be designated or claimed as CBI to the contractors identified
below, as needed. EPA may also grant access to materials that may be
designated or claimed as CBI to any of the listed subcontractors, as
needed, but does not necessarily anticipate granting access to all of
the listed subcontractors. EPA will only grant CBI access to any listed
contractors or subcontractors after fulfilling the requirements
described above.
Under Contract Number EP-W-11-052, Task Order 0004, SAIC, 1710 SAIC
Drive, McLean, VA 22102, and its subcontractor, Environ, 773 San Marin
Drive, Suite 2115, Novato, CA 94998, provide technical support that
requires access to information designated or claimed as CBI related to
the GHGRP, including, but not limited to, 40 CFR part 98, subpart RR.
Access to data, including information designated or claimed as CBI,
will commence no sooner than November 6, 2012 and will continue until
the termination of this contract. If the contract is extended, this
access will continue for the remainder of the contract and any further
extensions without further notice.
Under Contract Number EP-W-11-054, Task Order 0004, RTI
International, P.O. Box 12194, Research Triangle Park, NC 27709-2194,
and its subcontractors, Advanced Resources International, Inc. 4501
Fairfax Drive, Suite 910, Arlington, Virginia 22203, provide technical
support that requires access to information designated or claimed as
CBI related to the GHGRP, including, but not limited to, 40 CFR part
98, subpart UU. Access to data, including information designated or
claimed as CBI, will commence no sooner than November 6, 2012 and will
continue until the termination of this contract. If the contract is
extended, this access will continue for the remainder of the contract
and any further extensions without further notice.
Under Contract Number EP-BPA-12-H-0022, Task Order EP-B12H-00157,
ICF International, 1725 Eye Street NW., Suite 1000, Washington DC
20006, and its subcontractor, Steve Scalucci, 220 Sauk Drive, Batavia,
IL 60510, provide technical support that requires access to information
designated or claimed as CBI related to the GHGRP, including, but not
limited to, 40 CFR part 98, subparts F, I, L, O, T, DD, OO, QQ, and SS.
Access to data, including information designated or claimed as CBI,
will commence no sooner than November 6, 2012 and will continue until
the termination of this contract. If the contract is extended, this
access will continue for the remainder of the contract and any further
extensions without further notice.
Under Contract Number EP-BPA-12-H-0022, Task Order EP-B13H-00006,
ICF International, 1725 I Street, NW.,
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Suite 1000, Washington, DC 20006, and its subcontractors, J. Marks &
Associates, L.L.C., 312 NE. Brockton Drive, Lee Summit, MO 64064;
Transcarbon International, 1 Penn Plaza, Suite 6110, New York, NY
10119; Steve Scalucci, 220 Sauk Drive, Batavia, IL 60510; and Donald
Wuebbles, 105 S. Gregory Street, Urbana, IL 61801, provide technical
support that requires access to information designated or claimed as
CBI related to the GHGRP, including, but not limited to, 40 CFR part
98, subparts F, I, DD, OO, QQ, and SS. Access to data, including
information designated or claimed as CBI, will commence no sooner than
November 6, 2012 and will continue until the termination of this
contract. If the contract is extended, this access will continue for
the remainder of the contract and any further extensions without
further notice.
Parties who wish further information about this Federal Register
notice or about OAP's disclosure of information designated or claimed
as CBI to contactors may contact the person listed under FOR FURTHER
INFORMATION CONTACT.
Dated: October 22, 2012.
Sarah Dunham,
Director, Office of Atmospheric Programs.
[FR Doc. 2012-26425 Filed 10-25-12; 8:45 am]
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