Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices 73577 

1By ‘‘you,’’ EPA is referencing here and 

throughout this notice an authorized representative 

of a business that has submitted to EPA the 

information at issue in this notice. 

Dated: November 20, 2014. 

Kimberly Y. Patrick, 

Acting Director, Office of Small Business 

Programs. 

[FR Doc. 2014–29085 Filed 12–10–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9920–28–OAR] 

Fuels and Fuel Additives: Request for 

Substantiations of Claims of 

Confidential Business Information 

(CBI) From Businesses That Have 

Submitted Reports and Transactional 

Information Under the Renewable Fuel 

Standard (RFS) Program 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA or Agency) has 

received a request under the Freedom of 

Information Act (FOIA) for certain 

records submitted to EPA under the 

Renewable Fuel Standard (RFS) 

program between January 1, 2011 and 

November 2014. These records were 

submitted to EPA pursuant to the RFS 

program’s annual reporting, quarterly 

reporting and transactional information 

reporting within EPA’s Moderated 

Transaction System (EMTS). This notice 

is a request for substantiations of 

confidentiality claims from businesses 

that have submitted any or all of the 

information listed in this notice and are 

claiming the information as confidential 

business information (CBI). The 

procedures by which businesses may 

voluntarily substantiate claims of CBI in 

regard to the information at issue in the 

FOIA request are provided in this 

notice, which is referenced in the 

parties’ joint briefing schedule in the 

case, Perkins Coie LLP v. McCarthy, 

Case 1:13-cv-01799 (D.D.C filed Nov. 11, 

2013). EPA’s Office of General Counsel 

(OGC) will review comments received 

in response to this notice in preparing 

a Final Confidentiality Determination 

under 40 CFR part 2, subpart B, to 

determine whether the information at 

issue should be released publicly in 

response to the FOIA request at issue in 

the above-referenced litigation. If OGC 

determines after reviewing the 

substantiations that some or all of the 

documents responsive to the FOIA 

request are not entitled to confidential 

treatment under 40 CFR part 2, and 

therefore should be released, EPA will 

provide notice of this determination by 

letter, prior to release, to businesses 

who have submitted the information, 

allowing such businesses 10 working 

days to respond, pursuant to 40 CFR 

2.205(f). 

DATES: Written comments must be 

postmarked or hand delivered to the 

address listed below, or emailed to the 

person listed in the FOR FURTHER

INFORMATION CONTACT section, by 

January 9, 2015. 

ADDRESSES: You 1 may submit your 

comments by any of the following 

methods: Email: larson.ben@epa.gov 

U.S. Mail: 

U.S. Environmental Protection Agency, 

ATTN: Ben Larson, 

Mail Code 6405A, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460. 

Commercial Delivery: 

U.S. Environmental Protection Agency, 

William Jefferson Clinton Building— 

North, 

ATTN: Ben Larson, 

Mail Code 6405A, Room 6520W, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20004. 

Instructions: Address all comments to 

the person listed in the FOR FURTHER

INFORMATION CONTACT section, 

postmarked, hand delivered or emailed 

by January 9, 2015. 

FOR FURTHER INFORMATION CONTACT: Ben 

Larson, Compliance Division, Office of 

Transportation and Air Quality (MC– 

6405A), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington DC 20460; telephone 

number: (202) 343–9565; email address: 

larson.ben@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Worldwide Web (WWW). In addition to 

being available in the Federal Register, 

an electronic copy of today’s notice will 

also be available through the WWW. A 

copy of this notice will be posted on 

EPA’s Renewable Fuel Standard 

notification Web site at: http://www.epa.

gov/otaq/fuels/renewablefuels/

notices.htm. 

This request for substantiation is 

covered under OMB’s Information 

Collection Request number 2020–0003. 

Organization of this Document: The 

following outline is provided to aid in 

location information in this preamble. 

I. General Information 

A. Does this notice apply to me? 

B. What should I consider as I prepare my 

comments to the EPA? 

II. Background and Purpose of Notice 

III. Description of Data Elements Requested 

by Category 

A. Annual Compliance Report 

B. Ownership of Renewable Identification 

Numbers Generated in Years 2012 and 

2013 

C. Transactional Information Contained in 

EPA’s Moderated Transaction System 

IV. Request for Comments 

I. General Information 

A. Does this notice apply to me? 

This notice is directed to businesses 

that have submitted information under 

40 CFR part 80 subpart M. If you have 

further questions regarding the 

applicability of this action to a 

particular party, after reviewing the 

remainder of this notice, please contact 

the person listed in the FOR FURTHER

INFORMATION CONTACT section. The FOIA 

request does not identify by name any 

single company in its request for RFS 

documents. 

B. What should I consider as I prepare 

my comments to the EPA? 

1. Submitting Information Claimed as 

CBI in Response to This Notice 

Clearly mark as ‘‘CONFIDENTIAL’’ 

any or all of the comments or 

information that you claim to be CBI 

that you submit in response to this 

notice. For CBI saved on a computer 

disc or CD ROM that you mail to the 

EPA, mark the outside of the disk or CD 

ROM as ‘‘CONFIDENTIAL’’ and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. Information marked as 

CBI will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

Do not submit information through 

email that you consider to be CBI or 

otherwise protected. Only send or 

deliver information identified as CBI to 

the mail or hand/courier delivery 

address listed within this notice. 

Alternatively, businesses can submit 

example reports with example data 

filled in within each field. The business 

can use the example data as a tool for 

explaining its reasoning. 

If you have any questions about CBI 

or the procedures for claiming CBI, 

please consult the person identified in 

the section within this notice marked 

FOR FURTHER INFORMATION CONTACT. 

2. Tips for Preparing Your Comments 

Follow all instructions in this notice 

and, if you are claiming information as 

CBI, please respond to each of the 

eleven questions listed within the 

‘‘Request for Comments’’ section below. 

As necessary, please provide specific 

examples to illustrate your concerns and 

suggest alternatives, making any 

necessary references to applicable 

statutes, case law or regulations. Explain 

your views as clearly as possible, 

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73578 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices 

2Section 211(o)(7) provides EPA with authority 

to waive the statutory applicable volumes in whole 

or in part in certain specified circumstances. 

avoiding the use of profanity or personal 

threats. 

Make sure to submit your information 

and comments by the comment period 

deadline identified in the preceding 

section titled DATES. You may also 

provide the name, date, and Federal 

Register citation. 

II. Background and Purpose of Notice 

Background. The EPA’s Office of 

Transportation and Air Quality (OTAQ) 

has responsibility for protecting public 

health and the environment by 

regulating air pollution from vehicles, 

engines, and the fuels used to operate 

them, and by encouraging travel choices 

that minimize emissions. To promote 

the use of fuels derived from renewable 

sources, Congress established the 

Renewable Fuel Standards (RFS) 

program in Section 211(o) of the Clean 

Air Act (the CAA or the Act). The CAA 

specifies increasing annual ‘‘applicable 

volumes’’ of four categories of 

renewable fuel—total renewable fuel, 

cellulosic biofuel, biomass-based diesel, 

and advanced biofuel—to be used in the 

transportation sector.2 For purposes of 

the RFS program, renewable fuel must 

be derived from ‘‘renewable biomass’’ 

and meet other definitional 

requirements, including specified 

lifecycle greenhouse gas emissions 

reductions as compared to baseline 

petroleum fuel. The Act directs EPA to 

establish a compliance program and 

annual percentage standards to ensure 

that the applicable volumes of 

renewable fuel are used. 

EPA implements the RFS through 

regulations established in 40 CFR part 

80 subpart M. EPA requires the 

submission of compliance reporting 

information under §§ 80.1451 and 

80.1452. Certain additional information 

must be submitted to EPA for facility 

registration, and for other purposes. See 

§§ 80.1449, 1450, 1464, 1465, 1466, 

1467, 1469. 

Purpose. EPA OTAQ has received a 

request under the Freedom of 

Information Act (FOIA), 5 U.S.C. 552, 

for certain records submitted to EPA 

under the RFS reporting requirements, 

including the Annual Compliance 

reports submitted by Obligated Parties; 

RIN Activity or Ownership by Quarter; 

and transactional information entered 

into the EPA’s Moderated Transaction 

System (EMTS). The FOIA request does 

not identify by name any single 

company in its request for RFS 

documents. The specific data elements 

in these reports are defined further 

below under the section, ‘‘Description of 

Data Elements Requested by Category.’’ 

Companies submitting reports under the 

RFS program have claimed all or some 

of this information as confidential 

business information (CBI). In 

accordance with applicable EPA 

regulations, 40 CFR part 2, subpart B, 

the EPA has determined that some 

companies have asserted CBI claims, 

and that others might be expected to 

assert CBI claims, for some or all of the 

information sought through the FOIA 

request. Under EPA regulations at 40 

CFR part 2, subpart B, the FOIA request 

has been initially denied to afford 

companies an opportunity to provide 

comments and information to 

substantiate a claim as described below. 

The FOIA request and corresponding 

CBI issues are the subject of litigation in 

federal district court in the District of 

Columbia, Perkins Coie LLP v. 

McCarthy, Case 1:13-cv-01799 (D.D.C 

filed Nov. 11, 2013). 

In light of the large number of 

businesses involved that have made CBI 

claims or are expected to make CBI 

claims, EPA is proceeding using a multistep process as described in the joint 

proposed briefing schedule in the 

above-noted case. First, a certain 

number of businesses have recently 

received formal requests by certified 

letter for substantiations, pursuant to 40 

CFR 2.204(e). Second, this Federal 

Register notice is to provide the 

remaining businesses that supplied the 

information described in this notice 

with an opportunity to provide 

information in support of each 

respective business’s confidentiality 

claims, as further directed below. This 

submission is not required and a 

business will not waive any claim by 

not submitting information in response 

to this Federal Register notice. The 

EPA’s Office of General Counsel (OGC) 

will consider the responses received 

from all of the businesses that were 

contacted by direct letter and through 

this Federal Register notice and issue a 

final confidentiality determination that 

covers the information described in this 

notice. EPA anticipates that the final 

confidentiality determination for each 

business will be the same. As to those 

businesses that have submitted RFS 

information to EPA but did not receive 

one of the request letters for 

substantiation discussed above and 

chose not to provide information in 

response to this notice, the EPA 

anticipates providing determinations 

pursuant to 40 CFR 2.204(d)(2) and 

2.205(f) to those businesses based on the 

determinations made for the businesses 

that provide substantiations. Each 

business will receive 10 working days’ 

notice prior to release of any 

information that is not found to be 

confidential. 

Therefore, EPA is providing you the 

opportunity to make the showings 

described below, with specific 

references to those portions of the 

information you consider to be CBI. 

Please note that each affected business 

need only substantiate its claims of 

confidentiality once during this process. 

EPA will not be sending out additional 

letters requesting substantiation 

following the publication of this notice. 

By the conclusion of this process, EPA 

will provide: (1) final confidentiality 

determinations to the businesses that 

have submitted responses to this notice 

or to any directly mailed substantiation 

request letters, and (2) notice, under 40 

CFR 2.204(d)(2) and 2.205(f), to the 

other businesses on record who have 

submitted types of RFS information, if 

any, that EPA determines not to be 

confidential. 

III. Description of Data Elements 

Requested by Category 

EPA OGC will make a final 

confidentiality determination on the 

categories of information described 

under this section. The categories list 

the different data elements that an 

affected business may have submitted to 

EPA under the RFS program. Certain 

data elements listed below may not be 

relevant to every affected business. 

A. Annual Compliance Report 

Any obligated party described in 

§ 80.1406 (refiners and importers of 

gasoline/diesel) or exporter of 

renewable fuel described in § 80.1430 

must submit to EPA reports on an 

annual basis as described in 

§ 80.1451(a)(1). The time period for the 

reports, which are responsive to the 

pending FOIA request, include those 

submitted from 2011 through November 

2014. The format and exact data 

elements of the annual compliance 

report has varied between compliance 

years, but they include the information 

required by § 80.1451(a)(1), and the 

following general types of data 

elements: 

Report Information 

a. Report Name (RFS0303, RFS0302, 

etc)—Form ID for the RFS2 Annual 

Compliance Report; 

b. Report Type (original or 

resubmission)—Indicates whether this 

is an original report or resubmission; 

c. CBI (yes or no)—Specifies if the 

data contained within the report is 

being claimed as Confidential Business 

Information (CBI) under 40 CFR part 2, 

subpart B; 

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Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices 73579 

d. Report Date—Date of report 

submission; 

e. Compliance Year—Compliance 

period of the report. 

Compliance Elements 

f. Renewable Volume Obligation 

(RVO) Name—Indicates to which RVO 

types (Cellulosic Biofuel, BiomassBased Diesel, Advanced Biofuel, 

Renewable Fuel) the reported 

compliance information is related; 

g. Renewable Fuel Standard Value/

Equivalence Value—The renewable fuel 

standards are defined at § 80.1405. For 

exporters of renewable fuel, the 

equivalence value for the exported 

renewable fuel is found at § 80.1415; 

h. Cellulosic biofuel waiver credits 

payment method—The method by 

which payment has been submitted for 

cellulosic biofuel waiver credits, 

including pay.gov, fedwire, or U.S. 

Mail; 

i. Cellulosic biofuel waiver credits 

ID—Transaction reference ID provided 

by the U.S. Treasury for purchase of the 

cellulosic biofuel waiver credits. 

Compliance Activity and Status 

j. Compliance Basis—How obligated 

parties indicate the compliance level, 

including as an Aggregated Importer, 

Aggregated Refiner, Exporter, or facility 

by facility; 

k. If ‘‘Refinery by Refinery’’ selected 

for compliance basis, then each facility 

ID listed out in a separate row; 

l. Renewable Fuel Export Type—For 

renewable fuel exporters, the type of 

renewable fuel exported; 

m. Total volume of gasoline and 

diesel production and Renewable Fuel 

Exported; 

n. Prior year deficit—Renewable 

Volume Obligation deficit from prior 

compliance year; 

o. Current year deficit—Renewable 

Volume Obligation deficit to be carried 

into the next compliance year; 

p. Renewable Volume Obligation— 

Total, in gallons, calculated by 

combining the non-renewable gasoline, 

non-renewable diesel, multiplying it by 

the annual standards, and combining 

the result with any prior-year deficit as 

described in § 80.1407; 

q. Current year/Prior year RINs used 

for compliance (aggregated by D-code, 

RVO name, and compliance level); 

r. Cellulosic biofuel waiver credits 

used. 

B. Ownership of Renewable 

Identification Numbers Generated in 

Years 2012 and 2013 

Producers and importers of renewable 

fuel generate renewable identification 

numbers, or ‘‘RINs,’’ for each gallon of 

renewable fuel they import or produce 

for use in the United States. RINs are 

assigned to batches of renewable fuel by 

producers and importers of such fuel, 

and typically separated from those 

batches by an obligated party or other 

entity that blends the renewable fuel 

into conventional fuel. Once separated, 

RINs may be kept for compliance or 

sold. Obligated parties comply with 

their renewable volume obligations by 

accumulating RINs and then retiring 

them to demonstrate annual 

compliance. 

RIN ownership is tracked through 

EPA’s Moderated Transaction System 

(EMTS). EMTS is a high-volume 

transaction system that tracks the full 

RIN lifecycle, including RIN generation, 

buy/sell, separation, and retirement. 

RIN ownership totals are continuously 

captured and maintained within this 

system. 

In addition, companies also report 

RIN ownership totals through the 

quarterly compliance ‘‘RIN Activity 

Report’’ as required in § 80.1451(c)(1). 

The RIN Activity Report contains RINs 

owned at the start and end of each 

quarter for ‘‘prior-year’’ and ‘‘currentyear’’ RINs. 

This FOIA request seeks ownership 

information by company for RINs that 

were generated in years 2012 and 2013. 

C. Transactional Information Contained 

in EPA’s Moderated Transaction System 

As described in the previous section, 

RFS transactions are entered into EMTS 

as required under § 80.1451(c)(1)(ii). 

Elements listed are referenced as they 

appear in the EMTS users guide posted 

at http://www.epa.gov/otaq/fuels/

renewablefuels/emtshtml/

emtsdocuments.htm. The time period 

for the reports, which are responsive to 

the pending FOIA request, include those 

submitted from 2011 through November 

2014. The following list contains the 

data elements responsive to this FOIA. 

RIN trades (data elements within a 

‘‘buy’’ and ‘‘sell’’ transaction)—EMTS 

system records specific to RINs 

transferring from one trading partner to 

another, including specific data 

elements about the trade. 

Company Identifying Information 

a. Submitting Company Identifying 

Info—Company entering the RIN buy/

sell transaction into EMTS; 

b. EMTS Transaction Date—The date 

EMTS processed the transaction; 

Trading Partner Identifying Information 

c. Trading partner ID—The four digit 

EPA assigned ID of the company 

identified as the trading partner; 

d. Trading partner Name—The name 

of the company identified as the trading 

partner. 

Optional Information Provided to 

Trading Partner 

e. PTD number [optional]—Number 

on the Product Transfer Document (used 

for transactions); 

f. Matching Transaction Identifier 

[optional]—User-specified ID that can 

be used to match specific transactions 

(entering the EMTS Transaction ID of 

the received trade to be matched); 

g. Public Supporting Document 

[optional]—Any public supporting text 

used by the company to share with its 

trading partner; 

h. Public Supporting Document 

Number [optional]—Tracking/

identification numbers that are 

associated with the public supporting 

document text; 

i. Public Supporting Document 

[optional]—Any public supporting text 

used by the company to share with its 

trading partner; 

j. Public Supporting Document 

Number [optional]—Tracking/

identification numbers that are 

associated with the public supporting 

document text. 

Compliance Activity 

k. RIN quantity—Amount of RINs 

involved in the transaction; 

l. Batch volume [conditional— 

required for assigned RINs]—Volume of 

batch fuel, in gallons, involved in the 

transaction; 

m. Fuel Code/’’D’’ Code—Identifies 

the type of Fuel produced involved in 

the transaction; 

n. Assignment Code—Status of the 

RINs (Assigned or Separated); 

o. RIN Year—Generation year of the 

RINs; 

p. [QAP Service Type Code]—** New 

in 4Q 2014—Indicates the Quality 

Assurance Provider (QAP) service 

associated with the RINs; 

q. Buy/Sell Reason code—The reason 

the buy/sell transaction is taking place; 

r. Price per RIN [conditional— 

required if Price per Gallon is not 

reported]—Price per individual RIN; 

s. Price per Gallon [conditional— 

required if Price per RIN is not 

reported]—Price per individual gallon; 

t. Transaction Detail Comment 

[conditional]—Comment provided by 

the user on the transaction; 

u. RINs Information for non-FIFO 

trades [multiple, conditional—includes: 

Generate Organization ID, Generate 

Facility ID, and Batch Number]— 

Information provided by buyer/seller to 

select specific batches either at the 

producer level or down to the 

individual batch level. 

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73580 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices 

Other Optional Submitter Provided 

Information 

v. 1—Supporting Document 

[optional]—Information for the industry 

user to create user defined data to report 

supporting document identifiers; 

w. 1—Supporting Document Number 

[optional]—ID number associated with 

the supporting document text; 

x. 2—Supporting Document 

[optional]—Information for the industry 

user to create user defined data to report 

supporting document identifiers; 

y. 2—Supporting Document Number 

[optional]—ID number associated with 

the supporting document text. 

RIN generation transactions—EMTS 

system records specific to a registered 

renewable fuel producer assigning RINs 

to a batch of renewable fuel, including 

elements related to the renewable fuel 

production process. 

Company Identifying Information 

a. Submitting Company Identifying 

Info—Company entering the RIN 

generation transaction into EMTS; 

b. EMTS Transaction Date—The date 

EMTS processed the transaction. 

Compliance Activity 

c. RIN Quantity—Quantity of RINs 

generated for the batch; 

d. Batch volume—Total volume of the 

fuel batch in gallons; 

e. Fuel Code/’’D’’ Code—Identifying 

the type of renewable fuel associated 

with the batch; 

f. Production Process—Process used 

for producing the renewable fuel; 

g. Fuel Category—The renewable fuel 

(ethanol, biogas, biodiesel, etc); 

h. Fuel Production Date—Date the 

renewable fuel batch was produced 

i. Denaturant Volume—The volume of 

non-renewable fuel added to a volume 

of ethanol to create the batch volume for 

a given batch number of renewable fuel; 

j. Equivalence Value—A multiplier 

applied to the batch volume to 

determine the number of RINs that will 

be generated per gallon of renewable 

fuel produced. The equivalence value is 

directly related to fuel category code; 

k. Production Source—Originating 

Organization—Four digit ID of the 

organization producing the renewable 

fuel; 

l. Production Source—Originating 

Facility—Five digit ID of the production 

facility of the renewable fuel; 

m. Batch number—Industry user 

assigned identification number for the 

batch of renewable fuel; 

n. Production Source—Additional 

information (text box); 

o. Feedstock—Feedstock used to 

produce the batch of renewable fuel; 

p. Feedstock amount—Amount of 

feedstock used in the production of the 

batch of renewable fuel; 

q. Feedstock—Additional Information 

(text box); 

r. Co-product—Co-products created 

from the renewable fuel production 

process; 

s. Co-product additional 

information—Comment provided by the 

industry user on the co-products 

produced; 

t. [QAP Service Type Code]—** New 

in 4Q 2014—Quality Assurance 

Provider service type associated with 

the RINs; 

u. Transaction Detail Comment— 

Comments provided by the industry 

user on the EMTS transaction. 

Other Optional Submitter Provided 

Information 

v. 1—Supporting Document 

[optional]—Information for the industry 

user to create user defined data to report 

supporting document identifiers; 

w. 1—Supporting Document Number 

[optional]—ID number associated with 

the supporting document text; 

x. 2—Supporting Document 

[optional]—Information for the industry 

user to create user defined data to report 

supporting document identifiers; 

y. 2—Supporting Document Number 

[optional]—ID number associated with 

the supporting document text. 

RIN separation transaction—EMTS 

system records specific to a RFS 

registered party separating RINs from 

renewable fuel, including elements 

related to the RIN quantity and why the 

party is separating RINs. 

Company Identifying Information 

a. Submitting Company Identifying 

Info—Company entering the RIN 

separation transaction into EMTS; 

b. EMTS Transaction Date—The date 

EMTS processed the transaction; 

Compliance Activity 

c. RIN quantity—Quantity of RINs 

separated from the fuel; 

d. Batch volume—Volume of 

renewable fuel involved in the 

transaction; 

e. Fuel Code/’’D’’ Code—Identifying 

the type of renewable fuel; 

f. Separate Reason Code—Reason for 

separating RINs from the renewable 

fuel; 

g. Transaction Date—Date EMTS 

processes the transaction; 

h. RIN Year—Year the RINs involved 

in the transaction were generated; 

i. [QAP Service Type Code]—** New 

in 4Q 2014—Quality Assurance 

Provider service type associated with 

the RINs; 

j. Blender Organization Identifier 

[conditional]—Company ID for 

upstream delegation for blending; 

k. Blender Organization Name 

[conditional]—Company name for 

upstream delegation for blending; 

l. Transaction Detail Comment 

[conditional]—User provided comments 

on the transaction; 

m. RINs Information for non-FIFO 

trades [multiple, conditional—includes: 

Generate Organization ID, Generate 

Facility ID, and Batch Number]— 

Information provided by the 

Organization involved in the transaction 

to select specific batches either at the 

producer level or down to the 

individual batch level. 

Other Optional Submitter Provided 

Information 

n. 1—Supporting Document 

[optional]—Information for the industry 

user to create user defined data to report 

supporting document identifiers; 

o. 1—Supporting Document Number 

[optional]—ID number associated with 

the supporting document text; 

p. 2—Supporting Document 

[optional]—Information for the industry 

user to create user defined data to report 

supporting document identifiers; 

q. 2—Supporting Document Number 

[optional]—ID number associated with 

the supporting document text. 

RIN retirement transaction—EMTS 

system records specific to a RFS 

registered party using RINs for 

compliance or removing RINs from the 

RFS marketplace for other reasons, 

including elements related to the RIN 

quantity and why the party is retiring 

RINs. 

Company Identifying Information 

a. Submitting Company Identifying 

Info—Company entering the RIN 

retirement transaction into EMTS; 

b. EMTS Transaction Date—The date 

EMTS processed the transaction. 

Compliance Activity 

c. RIN quantity—Amount of RINs 

retired; 

d. Batch volume [conditional]— 

Amount of fuel in gallons involved in 

the retire transaction; 

e. Fuel Code/’’D’’ Code—Identifying 

the type of renewable fuel; 

f. Assignment Code—Status of RINs 

(assigned or separated); 

g. RIN Year—Year RINs involved in 

the transaction were generated; 

h. [QAP Service Type Code]—** New 

in 4Q 2014—Quality Assurance 

Provider service type associated with 

the RINs; 

i. Retire Reason code—Reason for 

retiring the RINs; 

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Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices 73581 

j. Transaction Date—Date the EMTS 

system processes the transaction; 

k. Compliance Year [conditional]—If 

retiring for annual compliance, the 

compliance year; 

l. Compliance Level Code 

[conditional]—If retiring for annual 

compliance, the compliance level such 

as Refiner, Importer, or Exporter; 

m. Compliance Facility Identifier 

[conditional]—If retiring for annual 

compliance and choosing to comply 

facility by facility, the five digit facility 

ID the RINs are being retired under; 

n. Transaction Detail Comment 

[conditional]—Comments provided by 

the industry user on the EMTS 

transaction; 

o. RINs Information for non-FIFO 

trades [multiple, conditional—includes: 

Generate Organization ID, Generate 

Facility ID, and Batch Number]— 

Information provided by the 

Organization involved in the transaction 

to select specific batches either at the 

producer level or down to the 

individual batch level. 

Other Optional Submitter Provided 

Information 

p. 1—Supporting Document 

[optional]—Information for the industry 

user to create user defined data to report 

supporting document identifiers; 

q. 1—Supporting Document Number 

[optional]—ID number associated with 

the supporting document text; 

r. 2—Supporting Document 

[optional]—Information for the industry 

user to create user defined data to report 

supporting document identifiers; 

s. 2—Supporting Document Number 

[optional]—ID number associated with 

the supporting document text. 

IV. Request for Comments 

The purpose of this notice is to notify 

you, as an authorized representative of 

a business that has submitted 

information to the RFS program, that the 

EPA OGC will be making a final 

confidentiality determination 

concerning the information described 

within this notice that you have claimed 

or might be expected to claim as CBI. If 

you feel that some or all of the 

information is entitled to confidential 

treatment, you must make the showings 

below with specific reference to those 

portions of the information you consider 

confidential. 

Please be specific when identifying 

and substantiating the information 

subject to your claim. Where your claim, 

as originally made at the time of 

submission to the Agency or as 

modified by your response to this letter, 

does not include all information on a 

page, please attach a copy of each such 

page with brackets around the text that 

you claim to be CBI. Any information 

not specifically identified as subject to 

a confidentiality claim and 

substantiated as such in your response 

to this letter may be disclosed to the 

requester without further notice to you. 

Please note that if a page, document, 

group, or class of documents claimed by 

you to be CBI contains a significant 

amount of information which the EPA 

OGC determines is not CBI, your CBI 

claim regarding that page, document, 

group, or class of documents may be 

denied. 

For each item or class of information 

that you claim as CBI, please answer the 

following questions, giving as much 

detail as possible. Your comments in 

response to these questions will be used 

by the EPA to determine whether the 

information has been shown to be 

entitled to confidential treatment: 

1. For what period of time do you 

request that the information be 

maintained as confidential, e.g., until a 

certain date, until the occurrence of a 

specified event, or permanently? If the 

occurrence of a specific event will 

eliminate the need for confidentiality, 

please specify that event. 

2. Information submitted to the EPA 

becomes stale over time. Why should 

the information you claim as 

confidential be protected for the time 

period specified in your answer to 

question #1? 

3. What measures have you taken to 

protect the information claimed as 

confidential? Have you disclosed the 

information to anyone other than a 

governmental body or someone who is 

bound by an agreement not to disclose 

the information further? If so, why 

should the information be considered 

confidential? 

4. Is the information contained in any 

publicly available material such as the 

Internet, publicly available databases, 

promotional publications, annual 

reports, or articles? If so, specify which. 

5. Is there any means by which a 

member of the public could obtain 

access to the information? Is the 

information of a kind that you would 

customarily not release to the public? 

6. Has any governmental body made 

a determination as to the confidentiality 

of the information? If so, please attach 

a copy of the determination. 

7. For each item or category of 

information claimed as confidential, 

explain with specificity why release of 

the information is likely to cause 

substantial harm to your competitive 

position. Explain the specific nature of 

those harmful effects, why they should 

be viewed as substantial, and the causal 

relationship between disclosure and 

such harmful effects. How could your 

competitors make use of this 

information to your detriment? 

8. Do you assert that the information 

is submitted on a voluntary or a 

mandatory basis? Please explain the 

reason for your assertion. If you assert 

that the information is voluntarily 

submitted information, please explain 

whether the information is the kind that 

would customarily not be released to 

the public. 

9. Whether you assert the information 

as voluntary or involuntary, please 

address why disclosure of the 

information would tend to lessen the 

availability to the EPA of similar 

information in the future. 

10. If you believe any information to 

be (a) trade secret(s), please so state and 

explain the reason for your belief. Please 

attach copies of those pages containing 

such information with brackets around 

the text that you claim to be (a) trade 

secret(s). 

11. Explain any other issue you deem 

relevant (including, if pertinent, reasons 

why you believe that the information 

you claim to be CBI is not emission data 

or effluent data). 

Please note that you bear the burden 

of substantiating your confidentiality 

claim(s). Generalized or conclusory 

statements will be given little or no 

weight in EPA’s determination on the 

confidentiality of the information you 

claim to be CBI. Your comments must 

be postmarked or hand delivered to this 

office, or emailed to the person listed in 

the FOR FURTHER INFORMATION CONTACT

section, by January 9, 2015. 

If you wish to claim any information 

that you provide in your response to 

this letter to itself be confidential, you 

must mark the response 

‘‘CONFIDENTIAL’’ or with a similar 

designation, and must bracket all text in 

the response that you so claim. 

Information so designated will be 

disclosed by the EPA only to the extent 

allowed by, and by means of the 

procedures set forth in, 40 CFR part 2, 

subpart B. If you fail to claim the 

information provided in your response 

as confidential, it may be made 

available to the public without further 

notice to you. 

Should you have any questions 

concerning this matter, contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Authority: 40 CFR 2.204 et. al 

Dated: December 4, 2014. 

Byron Bunker, 

Director, Compliance Division, Office of 

Transportation and Air Quality. 

[FR Doc. 2014–29155 Filed 12–10–14; 8:45 am] 

BILLING CODE 6560–50–P 

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