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[Federal Register Volume 77, Number 208 (Friday, October 26, 2012)]
[Notices]
[Pages 65377-65379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26425]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2011-0621; FRL-9746-5]

Access by EPA Contractors To Confidential Business Information 
Related to the Greenhouse Gas Reporting Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA's Office of Atmospheric Programs plans to authorize the 
contractors named in this notice to access information submitted to EPA 
under the Greenhouse Gas Reporting Program that may be designated or 
claimed as confidential business information. Contractor access to this 
information will begin no sooner than November 6, 2012.

DATES: EPA will accept comments on this Notice through November 5, 
2012.

ADDRESSES: You may submit your comments, identified by Docket ID No. 
EPA-HQ-OAR-2011-0621 by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Email: MRR_Corrections@epa.gov. Include Docket ID No. 
EPA-HQ-OAR-2011-0621 in the subject line of the message.
     Fax: (202) 566-9744.
     Mail: Environmental Protection Agency, EPA Docket Center 
(EPA/DC), Mailcode 2822T, Attention Docket ID No. EPA-HQ-OAR-2011-0621, 
1200 Pennsylvania Avenue NW., Washington, DC 20004.
     Hand/Courier Delivery: EPA Docket Center, Public Reading 
Room, EPA West Building, Room 3334, 1301 Constitution Avenue NW., 
Washington, DC 20004. Such deliveries are only accepted during the 
Docket's normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2011-0621. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.

FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division, 
Office of Atmospheric Programs (MC-6207J), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone 
number: (202) 343-9263; fax number: (202) 343-2342; email address: 
GHGReportingRule@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background and Comment Information

A. Does this notice apply to me?

    This notice is directed to the general public. However, this action 
may be of particular interest to parties subject to the requirements of 
40 CFR part 98. 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.

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

1. Electronically
    EPA has included a public docket for this Federal Register notice 
under Docket EPA-HQ-OAR-2011-0621.
    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.
2. EPA Docket Center
    Materials listed under Docket EPA-HQ-OAR-2011-0621 will be 
available for public viewing at the EPA Docket 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

[[Page 65378]]

the telephone number for the Air Docket is (202) 566-1742.

B. What should I consider as I prepare my comments to EPA?

1. Submitting CBI in Response to This Notice
    Clearly mark the part or all of the comments that you claim to be 
CBI submitted in response to this notice. For CBI information in a disk 
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM 
as CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information marked as CBI will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2.
    If you have any questions about CBI or the procedures for claiming 
CBI, please consult the person identified in the FOR FURTHER 
INFORMATION CONTACT section.
2. Tips for Preparing Your Comments
    When submitting comments, remember to:
    Identify this Notice by docket number and other identifying 
information (e.g., subject heading, Federal Register date and page 
number).
    Follow directions. EPA may ask you to respond to specific questions 
or organize comments by referencing a CFR part or section number.
    Describe any assumptions and provide any technical information and/
or data that you used.
    Provide specific examples to illustrate your concerns and suggest 
alternatives. Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
    Make sure to submit your comments by the deadline identified in the 
preceding section titled DATES. To ensure proper receipt by EPA, be 
sure to identify the docket ID number assigned to this action in the 
subject line on the first page of your response. You may also provide 
the name, date, and Federal Register citation.

II. Description of Programs and Potential Disclosure of Information 
Claimed as Confidential Business Information to Contractors

    EPA's Office of Atmospheric Programs (OAP) has responsibility for 
protecting public health and the environment by addressing climate 
change, protecting the ozone layer, and improving regional air quality. 
In response to the FY2008 Consolidated Appropriations Act (H.R. 2764; 
Pub. L. 110-161), EPA created the Greenhouse Gas Reporting Program 
(GHGRP), 40 CFR part 98 (Part 98), which requires reporting of 
greenhouse gas (GHG) data and other relevant information from large 
sources and suppliers in the United States. The purpose of Part 98 is 
to collect accurate and timely GHG data to inform future policy 
decisions. Some of the information submitted is designated or claimed 
to be CBI. Such information is handled in accordance with EPA's 
regulations in 40 CFR part 2, subpart B and in accordance with EPA 
procedures that are consistent with those regulations.
    EPA has, at times, determined that it is necessary to disclose to 
EPA contractors and subcontractors certain information that has been 
designated or claimed as CBI. When this occurs, the corresponding 
contract must address the appropriate use and handling of the 
information by the contractor. In every instance, the contractor or 
subcontractor must require its personnel who need access to information 
designated or claimed as CBI to sign written agreements before they are 
granted access to the data. These agreements must provide that the 
contractor and its personnel ``shall refrain from disclosing the 
information to anyone other than EPA without the prior written approval 
of each affected business or of an EPA legal office.'' Before providing 
CBI access to any contractor, EPA must also determine in writing that 
CBI disclosure to the contractor or subcontractor is necessary to carry 
out the work required by the contract or subcontract (40 CFR 
2.301(h)(2)(i)).
    In addition to contractors' requirement to sign written agreements 
prior to being granted access to CBI and EPA's requirement to determine 
in writing that CBI disclosure to contractors is necessary, EPA is also 
required to give notice in accordance with 40 CFR 2.301(h)(2)(iii). EPA 
has determined that the contractors, subcontractors, and grantees 
(collectively referred to as ``contractors'') listed below may require 
access to data submitted to EPA under the GHGRP that is designated or 
claimed as CBI. EPA is providing notice and an opportunity to comment 
and is issuing this Federal Register notice to inform all reporters of 
information under Part 98 that EPA may grant access to material that 
may be designated or claimed as CBI to the contractors identified 
below, as needed. EPA may also grant access to materials that may be 
designated or claimed as CBI to any of the listed subcontractors, as 
needed, but does not necessarily anticipate granting access to all of 
the listed subcontractors. EPA will only grant CBI access to any listed 
contractors or subcontractors after fulfilling the requirements 
described above.
    Under Contract Number EP-W-11-052, Task Order 0004, SAIC, 1710 SAIC 
Drive, McLean, VA 22102, and its subcontractor, Environ, 773 San Marin 
Drive, Suite 2115, Novato, CA 94998, provide technical support that 
requires access to information designated or claimed as CBI related to 
the GHGRP, including, but not limited to, 40 CFR part 98, subpart RR. 
Access to data, including information designated or claimed as CBI, 
will commence no sooner than November 6, 2012 and will continue until 
the termination of this contract. If the contract is extended, this 
access will continue for the remainder of the contract and any further 
extensions without further notice.
    Under Contract Number EP-W-11-054, Task Order 0004, RTI 
International, P.O. Box 12194, Research Triangle Park, NC 27709-2194, 
and its subcontractors, Advanced Resources International, Inc. 4501 
Fairfax Drive, Suite 910, Arlington, Virginia 22203, provide technical 
support that requires access to information designated or claimed as 
CBI related to the GHGRP, including, but not limited to, 40 CFR part 
98, subpart UU. Access to data, including information designated or 
claimed as CBI, will commence no sooner than November 6, 2012 and will 
continue until the termination of this contract. If the contract is 
extended, this access will continue for the remainder of the contract 
and any further extensions without further notice.
    Under Contract Number EP-BPA-12-H-0022, Task Order EP-B12H-00157, 
ICF International, 1725 Eye Street NW., Suite 1000, Washington DC 
20006, and its subcontractor, Steve Scalucci, 220 Sauk Drive, Batavia, 
IL 60510, provide technical support that requires access to information 
designated or claimed as CBI related to the GHGRP, including, but not 
limited to, 40 CFR part 98, subparts F, I, L, O, T, DD, OO, QQ, and SS. 
Access to data, including information designated or claimed as CBI, 
will commence no sooner than November 6, 2012 and will continue until 
the termination of this contract. If the contract is extended, this 
access will continue for the remainder of the contract and any further 
extensions without further notice.
    Under Contract Number EP-BPA-12-H-0022, Task Order EP-B13H-00006, 
ICF International, 1725 I Street, NW.,

[[Page 65379]]

Suite 1000, Washington, DC 20006, and its subcontractors, J. Marks & 
Associates, L.L.C., 312 NE. Brockton Drive, Lee Summit, MO 64064; 
Transcarbon International, 1 Penn Plaza, Suite 6110, New York, NY 
10119; Steve Scalucci, 220 Sauk Drive, Batavia, IL 60510; and Donald 
Wuebbles, 105 S. Gregory Street, Urbana, IL 61801, provide technical 
support that requires access to information designated or claimed as 
CBI related to the GHGRP, including, but not limited to, 40 CFR part 
98, subparts F, I, DD, OO, QQ, and SS. Access to data, including 
information designated or claimed as CBI, will commence no sooner than 
November 6, 2012 and will continue until the termination of this 
contract. If the contract is extended, this access will continue for 
the remainder of the contract and any further extensions without 
further notice.
    Parties who wish further information about this Federal Register 
notice or about OAP's disclosure of information designated or claimed 
as CBI to contactors may contact the person listed under FOR FURTHER 
INFORMATION CONTACT.

    Dated: October 22, 2012.
Sarah Dunham,
Director, Office of Atmospheric Programs.
[FR Doc. 2012-26425 Filed 10-25-12; 8:45 am]
BILLING CODE 6560-50-P
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