[Federal Register Volume 86, Number 85 (Wednesday, May 5, 2021)]
[Notices]
[Pages 23963-23964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09467]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10022-04-OAR]


Disclosure of Information Claimed as, or Determined by EPA To Be, 
Confidential Business Information in Renewable Fuel Standard (RFS) 
Small Refinery Exemption Petitions and All RFS Related Information in 
EPA's Moderated Transaction System (EMTS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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[[Page 23964]]

SUMMARY: The U.S. Environmental Protection Agency (``EPA'' or 
``Agency'') is providing notice of disclosure to all obligated parties 
under the Renewable Fuel Standard (``RFS'') program that have 
petitioned for a small refinery exemption and to all parties whose RFS 
information otherwise resides in EPA's Moderated Transaction System 
(``EMTS''). In response to a request by the U.S. Government 
Accountability Office (``GAO''), EPA will disclose information to GAO 
which has been submitted to the Agency that is claimed to be, or has 
been determined to be, confidential business information (collectively 
``CBI''). The information to be disclosed includes all documents, 
information, and data related to all small refinery exemption petitions 
received by EPA from the start of the RFS program through the present. 
These records include, but are not limited to: (a) All materials 
submitted by the small refineries as part of its petition; (b) any 
documentation sent by the Department of Energy (``DOE'') to EPA stating 
DOE's findings and score(s) associated with the petition(s) and any EPA 
responses thereto; (c) any EPA record addressing the subject of the 
exemption petition(s), including any analysis that EPA conducted in 
addition to DOE's findings; and (d) EPA's final exemption decision sent 
to the refinery. EPA also intends to disclose to GAO all RFS related 
transaction-level data contained in EMTS, including Renewable 
Identification Number (``RIN'') transactions under the RFS. This 
information is being produced to GAO pursuant to EPA's regulations 
pertaining to disclosure.

DATES: EPA will disclose the material discussed in this document to 
GAO, including any CBI therein, no later than 16 calendar days after 
publication of this notice in the Federal Register. All CBI-claimed 
documents will be destroyed, deleted, or returned to EPA at the 
conclusion of GAO's review.

FOR FURTHER INFORMATION CONTACT: Karen Nelson, Environmental Protection 
Specialist, Compliance Division, Office of Transportation and Air 
Quality at [email protected] or (734) 214-4362.

SUPPLEMENTARY INFORMATION:

I. Background

    In connection with a review by the U.S. Government Accountability 
Office (``GAO''), the U.S. Environmental Protection Agency (``EPA'' or 
``Agency'') received a request under 40 CFR 2.209(b) from GAO for 
records submitted to EPA under the Renewable Fuel Standard (``RFS'') 
program from the start of the program through the present. The 
information that will be disclosed to GAO includes all documents, 
information, and data related to all small refinery exemption petitions 
received by EPA from the start of the RFS program through the present. 
These records include, but are not limited to: (a) All materials 
submitted by the small refineries as part of its petition; (b) any 
documentation sent by the Department of Energy (``DOE'') to EPA stating 
DOE's findings and score associated with the petition; (c) any analysis 
that EPA conducted in addition to DOE's findings; and (d) EPA's final 
exemption decision sent to the refinery. The request also includes all 
RFS related transaction-level data contained in EPA's Moderated 
Transaction System (``EMTS''), including Renewable Identification 
Number (``RIN'') transactions under the RFS. This notice is being 
provided pursuant to 40 CFR 2.209(b)(2) to inform potentially affected 
businesses that EPA intends to transmit certain documents, which may 
contain information submitted by oil refiners and refineries, or any 
company associated therewith, that is claimed to be, or has been 
determined to be, confidential business information (collectively 
``CBI'') to GAO in response to its request for information. The 
disclosure of CBI is limited to GAO and further disclosure is generally 
restricted by 31 U.S.C. 716(e) and subject to criminal penalties under 
18 U.S.C. 1905. Any objections to EPA's disclosure must be raised 
within 15 calendar days from publication of this notice.

    Dated: April 29, 2021.
Byron Bunker,
Director, Compliance Division, Office of Transportation and Air 
Quality, Office of Air and Radiation.
[FR Doc. 2021-09467 Filed 5-4-21; 8:45 am]
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