[Federal Register Volume 86, Number 39 (Tuesday, March 2, 2021)]
[Notices]
[Page 12189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04271]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10020-92-OAR]


Production of Confidential Business Information in Pending 
Enforcement Litigation; Transfer of Information Claimed as Confidential 
Business Information to the United States Department of Justice and 
Parties to Certain Litigation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (``EPA'') is providing 
notice of disclosure relating to the criminal prosecution styled United 
States v. Emanuele Palma, Case No. 2:19-cr-20626-NGE-DRG (E.D. Mich.) 
(the ``Palma Prosecution''). In response to a court order in the Palma 
Prosecution, EPA is disclosing documents to the United States 
Department of Justice (``DOJ'') for production in the litigation which 
may contain information submitted to EPA by vehicle and engine 
manufacturers that is claimed to be, or has been determined to be, 
potential confidential business information (collectively ``CBI''). The 
use of the documents and any potential CBI is limited to the Palma 
Prosecution and its distribution is restricted by the terms of a court 
issued protective order.

DATES: Access by DOJ and/or the parties to the Palma Prosecution to 
material, including CBI, discussed in this document, will begin on 
March 15, 2021, and is expected to continue during the Palma 
Prosecution.

FOR FURTHER INFORMATION CONTACT: Sara Zaremski, Associate Division 
Director, Compliance Division, Office of Transportation and Air Quality 
at [email protected] or (734) 214-4362.

SUPPLEMENTARY INFORMATION: On September 18, 2019, the United States 
indicted Defendant Emanuel Palma on thirteen counts, including 
violations of the Clean Air Act under 42 U.S.C. 7413(c)(2)(A). On 
November 17, 2020, the United States District Court for the Eastern 
District of Michigan ordered the prosecution team to obtain and produce 
to the defendant certain materials in the possession, custody or 
control of the Environmental Protection Agency, Office of 
Transportation and Air Quality and Office of Enforcement and Compliance 
Assurance, Office of Civil Enforcement, Air Enforcement Division 
(hereinafter, collectively ``EPA''). See Opinion and Order Granting 
Defendant's Motion for Discovery, United States v. Emanuele Palma, Case 
No. 2:19-cr-20626-NGE-DRG, dated November 17, 2020 (ECF 58) 
(hereinafter ``the Discovery Order''). This notice is being provided, 
pursuant to 40 CFR 2.209(d), to inform potentially affected businesses 
that EPA intends to transmit certain documents, which may contain 
information submitted by vehicle and engine manufacturers that is 
claimed to be, or has been determined to be, potential confidential 
business information (collectively ``CBI''), to DOJ for production to 
the defendant in the criminal prosecution. The documents include EPA 
communications about, with, and information provided by vehicle and 
engine manufacturers in connection with the certification of light-duty 
diesel motor vehicle engines and related compliance matters, some of 
which may include CBI. The information may also include certification 
and compliance materials for other manufacturers of mobile source 
vehicles, engines and equipment, some of which may contain CBI.
    The federal district court in the Palma Prosecution has issued a 
protective order, see Palma Prosecution, ECF 20, dated December 23, 
2019, (hereinafter, the ``Protective Order''), that governs the 
treatment of information, including CBI, that is designated as 
``Protected Information'' pursuant to the Protective Order. The 
Protective Order provides for limited disclosure and use of CBI and for 
the return or destruction of CBI at the conclusion of the litigation. 
In accordance with 40 CFR 2.209(c)-(d), the EPA must disclose such 
information to DOJ for production in the litigation to the extent 
required to comply with the obligations of the United States in the 
Palma Prosecution.

Sarah Dunham,
Director, Office of Transportation and Air Quality.
[FR Doc. 2021-04271 Filed 3-1-21; 8:45 am]
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