[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Pages 79329-79330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32011]



[EPA-HQ-OAR-2015-0806; FRL-9940-40-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.


SUMMARY: The Environmental Protection Agency (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 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 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 December 31, 2015.

DATES: The EPA will accept comments on this Notice through December 28, 

FOR FURTHER INFORMATION CONTACT: Jaimee Dong, Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., MC 6405A, Washington, DC, 20004; 
telephone number: 202-343-9672; fax number: 202-343-2800; email 
address: [email protected].


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 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 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 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 
    This Federal Register notice may be of particular relevance to 
parties that 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 

II. How can I get copies of this document and other related 

A. Electronically

    The EPA has established a public docket for this Federal Register 
notice under Docket EPA-HQ-OAR-2015-0806.
    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-2015-0806 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.

[[Page 79330]]

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. 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 
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 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 
are collected to register fuels and fuel additives prior to 
introduction into commerce. 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 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 
    Under Contract Number EP-C-11-007, CSRA, located at 3170 Fairview 
Park Drive, Falls Church, VA 22042, and at 650 Peter Jefferson Parkway, 
Suite 300, Charlottesville, VA 22901, and its subcontractor, Ecco 
Select, 1301 Oak Street, Suite 400, Kansas City, MO 64106, 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 December 31, 2015. and will continue until June 30, 
2016. 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. Some SEE enrollees are provided 
through Grant Number CQ-834621, the National Association for Hispanic 
Elderly (NAHE), located at 234 East Colorado Boulevard, Suite 300, 
Pasadena, CA 91101, and through Grant Numbers CQ-835372 and CQ-835572, 
the Senior Service America, Inc. (SSAI), located at 8403 Colesville 
Road, Suite 1200, Silver Spring, MD 20910. 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 
until December 31, 2016 for Grant Number CQ-834621, October 14, 2016 
for Grant Number CQ-835372, and September 30, 2016 for Grant Number CQ-
835572. If these grants are extended, this access will continue for the 
remainder of the grants and any future extensions without further 
    OTAQ also has fellows provided via the Oak Ridge Institute for 
Science and Education (ORISE) Intern/Research Participation Program. 
Some participants are provided through Interagency Agreement Number 
DW89924039, the ORISE, located at 1299 Bethel Valley Road, Building SC-
200, Oak Ridge, TN 37830. 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, but excluding CBI under the 
Toxic Substances Control Act (TSCA) and the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), is ongoing until September 30, 
2016. If the program is extended, this access will continue for the 
remainder of the program and any future extensions without further 
    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 

    Dated: December 15, 2015.
Byron J. Bunker,
Director, Compliance Division, Office of Transportation & Air Quality, 
Office of Air and Radiation.
[FR Doc. 2015-32011 Filed 12-18-15; 8:45 am]