[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Notices]
[Pages 66977-66978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27329]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2012-0817; FRL-9749-9]


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: EPA's Office of Transportation and Air Quality (OTAQ) plans to 
authorize various contractors to access information which will be 
submitted to EPA under Title II of 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 40 
CFR Part 79; 40 CFR Part 80; and 40 CFR Part 98, Subparts A, LL and MM 
will begin on November 19, 2012.

DATES: EPA will accept comments on this Notice through November 13, 
2012.

FOR FURTHER INFORMATION CONTACT: Jaimee Dong, Environmental Protection 
Agency, 1200 Pennsylvania Avenue NW., MC 6405J; telephone number: 202-
343-9672; fax number: 202-343-2802; 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 information to 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). This action may also 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 Federal Register notice may be of particular relevance to 
parties that have submitted data under the above-listed programs. 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-2012-0817.
    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-2012-0817 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.

[[Page 66978]]

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 Greenhouse 
Gas (GHG) Reporting Rule [40 CFR part 98, subparts A (general 
registration and reporting provisions) LL, and MM], as well as various 
OTAQ programs related to fuels, vehicles, and engines (40 CFR parts 79 
and 80) 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 
is collected in order to register fuels and fuel additives prior to 
introduction into commerce and to certify engines. Certain programs are 
designed to permit regulated parties an 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 in order to ensure compliance with reformulated 
gasoline standards. 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 EP-C-11-007, SRA International, Inc., 4300 
Fair Lakes Court, Fairfax, VA 22033, and its subcontractor, PowerSolv, 
1801 Robert Fulton Drive, Suite 550, Reston, VA 20191, 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 November 19, 2012 and will continue until December 31, 
2015. If the contract is extended, this access will continue for the 
remainder of the contract without further notice.
    OTAQ utilizes the services of enrollees under the Senior 
Environmental Employment (SEE) program. SEE enrollees are provided 
through Grant Number CQ-834621, the National Association for Hispanic 
Elderly (NAHE), 234 E. Colorado Blvd., Suite 300, Pasadena, California 
91101. Access to data relating to all of OTAQ's programs and to 
subparts A, LL, and MM of the Mandatory GHG Reporting Rule, including 
information claimed as CBI, is ongoing and will continue until March 
16, 2013. If the grant is extended, this access will continue for the 
remainder of the grant 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.

List of Subjects

    Environmental protection; confidential business information.

    Dated: October 18, 2012.
Byron J. Bunker,
Acting Director, Compliance Division, Office of Transportation & Air 
Quality, Office of Air and Radiation.
[FR Doc. 2012-27329 Filed 11-7-12; 8:45 am]
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