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[Federal Register Volume 81, Number 27 (Wednesday, February 10, 2016)]
[Notices]
[Pages 7095-7096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02728]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2012-0546; FRL-9942-21-OAR]

Contractor Access to Information Claimed as Confidential Business 
Information Submitted Under Title II of the Clean Air Act and Related 
to the Renewable Fuel Standard Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency's (EPA) Office of 
Transportation and Air Quality plans to authorize a contractor to 
access information which has been and will be submitted to the EPA 
under Title II of the Clean Air Act and that may be claimed as, or may 
be determined to be, confidential business information. Such 
information is related to small refinery exemptions under the Renewable 
Fuel Standard program.

[[Page 7096]]

DATES: The EPA will accept comments on this notice through FEBRUARY 10, 
2021.

FOR FURTHER INFORMATION CONTACT: Greg Piotrowski, Environmental 
Protection Agency, Office of Transportation and Air Quality, Compliance 
Division, 2000 Traverwood, Ann Arbor, Michigan, 48105; telephone 
number: 734-214-4493; fax number: 734-214-4869; email address: 
piotrowski.greg@epa.gov.

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 a small refinery exemption petition to the EPA under the 
Renewable Fuel Standard (RFS) program as described in 40 CFR part 80, 
subpart M. 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-2012-0546.
    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-2012-0546 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.

III. Description of Program and Potential Disclosure of Information 
Claimed as CBI to Contractors

    The RFS program as established by the Energy Policy Act of 2005 and 
amended by the Energy Independence and Security Act of 2007 exempted 
small refineries from the renewable fuel standards through December 31, 
2010. After this initial period, the statute allows that small 
refineries may, on a case-by-case basis, petition the EPA for an 
extension of their exemption. The EPA may approve such petitions if it 
finds that disproportionate economic hardship exists. The EPA continues 
to implement these provisions. In evaluating such petitions, the EPA 
must consult with the Department of Energy (DOE), and must consider the 
findings of the DOE study required under CAA 211(o)(9)(A)(ii)(I) and 
other economic factors. Historically, companies seeking a small 
refinery exemption have claimed their petitions to be CBI. Information 
submitted under such a claim is handled in accordance with the 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 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 
contractor listed below requires access to CBI submitted to the EPA 
under the Clean Air Act and in connection with the RFS program (40 CFR 
part 80, subpart M). 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 DOE Contract Number 5F-32501, Stillwater Associates, 3 
Rainstar, Irvine, California 92614, has provided and will continue to 
provide technical support that involves access to information claimed 
as CBI related to 40 CFR part 80, subpart M. Access to data, including 
information claimed as CBI, will commence immediately upon publication 
of this notice in the Federal Register and will continue indefinitely 
as the Agency expects to receive additional petitions for small 
refinery exemptions for future annual program compliance periods. If 
the contract is extended, this access will continue for the remainder 
of the contract 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: February 3, 2016.
Byron J. Bunker,
Director, Compliance Division, Office of Transportation and Air 
Quality, Office of Air and Radiation.
[FR Doc. 2016-02728 Filed 2-9-16; 8:45 am]
 BILLING CODE 6560-50-P
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