[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Notices]
[Pages 36912-36913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13580]



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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2016-0234; FRL-9947-47-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.

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SUMMARY: The 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 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 June 20, 2016.
    In addition to fuels-related reporting, this notice addresses 
access to information related to vehicles and engine compliance under 
40 CFR part 86, 40 CFR part 600, 40 CFR part 1033, 40 CFR part 1036, 40 
CFR part 1039, 40 CFR part 1042, 40 CFR part 1045, 40 CFR part 1048, 40 
CFR part 1051, 40 CFR part 1054, 40 CFR part 1060, and 40 CFR part 
1068.

DATES: The EPA will accept comments on this Notice through June 13, 
2016.

FOR FURTHER INFORMATION CONTACT: Anne-Marie Pastorkovich, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., MC 6405A, Washington, DC 
20004; telephone number: 202-343-9623; fax number: 202-343-2800; 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 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 Renewable 
Identification Number (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 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 action may also be of particular interest to parties who 
submit information to EPA's vehicle and engine compliance information 
system, commonly known as the Verify system, under 40 CFR part 86, 40 
CFR part 600, 40 CFR part 1033, 40 CFR part 1036, 40 CFR part 1039, 40 
CFR part 1042, 40 CFR part 1045, 40 CFR part 1048, 40 CFR part 1051, 40 
CFR part 1054, 40 CFR part 1060, and 40 CFR part 1068.
    This Federal Register notice may be of particular relevance to 
parties that submit or 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 in FOR FURTHER INFORMATION CONTACT.

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

A. Electronically

    The EPA has established a public docket for this Federal Register 
notice under Docket EPA-HQ-OAR-2016-0234.
    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-2016-0234 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.

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. The information submitted may 
be claimed as 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 various programs related 
to fuels, vehicles, and engines 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

[[Page 36913]]

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 and this batch information may be 
claimed as CBI. 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 GSGD0022, CGI Incorporated, located at 1100 
New Jersey Avenue SE., Suite 800, Washington DC 20003, and its 
subcontractor, CACI International Incorporated, located at 4114 Legato 
Road, Fairfax, VA 22033, 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 June 20, 2016 
and will continue until March 26, 2019. If the contract is extended, 
this access will continue for the remainder of the contract without 
further notice.
    This Federal Register notice is in addition to our Federal Register 
notice entitled ``Access by EPA Contractors to Information Claimed as 
Confidential Business Information (CBI) Submitted under Title II of the 
Clean Air Act and Related Regulations,'' which was published on 
December 21, 2015.\1\ The access described under that notice and 
affecting submissions under 40 CFR part 79, 40 CFR part 80, and 40 CFR 
part 98 subparts A, LL, and MM continues and is unaffected by this 
notice.
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    \1\ See 80 FR 79329 (December 21, 2015). The notice may be 
viewed at the Federal Register Web page at https://federalregister.gov/a/2015-32011.
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    Furthermore, 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 
vehicle and engine compliance information system, commonly known as the 
Verify system, under 40 CFR part 86, 40 CFR part 600, 40 CFR part 1033, 
40 CFR part 1036, 40 CFR part 1039, 40 CFR part 1042, 40 CFR part 1045, 
40 CFR part 1048, 40 CFR part 1051, 40 CFR part 1054, 40 CFR part 1060, 
and 40 CFR part 1068. We are providing notice and an opportunity to 
comment. 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 Contact Number GS00Q09BGD0025, CSC Government Solutions LLC, 
located at 1500 Conference Center Drive, Chantilly, VA 20151 provides 
Information Technology (IT) support services related to the EPA's 
vehicle and engine compliance information system, commonly known as the 
Verify system, under 40 CFR part 86, 40 CFR part 600, 40 CFR part 1033, 
40 CFR part 1036, 40 CFR part 1039, 40 CFR part 1042, 40 CFR part 1045, 
40 CFR part 1048, 40 CFR part 1051, 40 CFR part 1054, 40 CFR part 1060, 
and 40 CFR part 1068. Access by this contractor to vehicle and engine 
data and information under this contract, including information claimed 
as CBI, has been ongoing since March 10, 2016 and is expected to 
continue for the remainder of the contract without further notice.
    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 
CONTACT.

List of Subjects

    Environmental protection; confidential business information.

    Dated: June 2, 2016.
Byron J. Bunker,
Director, Compliance Division, Office of Transportation and Air 
Quality, Office of Air and Radiation.
[FR Doc. 2016-13580 Filed 6-7-16; 8:45 am]
 BILLING CODE 6560-50-P