[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46805-46806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21615]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9968-99-OECA]


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 
Party 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 of information which has been submitted to EPA by 
renewable fuel producers, renewable identification number (``RIN'') 
generators, third party engineers, obligated parties, and RIN owners 
that is claimed to be, or has been determined to be, confidential 
business information (``CBI''), in civil enforcement litigation against 
NGL Crude Logistics, LLC (f/k/a Gavilon, LLC) and Western Dubuque 
Biodiesel, LLC. Disclosure is in response to discovery requests from 
NGL Crude Logistics, LLC (f/k/a Gavilon, LLC) in the litigation styled 
United States of America v. NGL Crude Logistics, LLC (f/k/a Gavilon, 
LLC) and Western Dubuque Biodiesel, LLC, Case No. 2:16-cv-1038-

[[Page 46806]]

LRR, pending in the United States District Court for the Northern 
District of Iowa (the ``NGL Litigation''). The court has entered a 
Stipulated Protective Order (``Protective Order'') between the United 
States and NGL Crude Logistics, LLC (f/k/a Gavilon, LLC) that governs 
the treatment of CBI, including a provision that interested third 
parties may seek additional protections for their CBI.

DATES: Access by the United States Department of Justice (``DOJ'') to 
material, including CBI, discussed in this Notice, is ongoing and 
expected to continue during the NGL Litigation. The United States does 
not intend to produce documents containing CBI to NGL until after 
potentially impacted third parties have an opportunity to inspect the 
Protective Order. The inspection period will last for fourteen (14) 
calendar days after publication of this Notice in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Matthew Kryman, Air Enforcement 
Division, Office of Civil Enforcement, 1595 Wynkoop Street (8MSU), 
Denver, CO 80202; telephone number: 303-312-6272; fax number: 303-312-
6003; email address: <a href="/cdn-cgi/l/email-protection#5a312823373b3474373b2e2e323f2d1a3f2a3b743d352c"><span class="__cf_email__" data-cfemail="4c273e35212d2262212d383824293b0c293c2d622b233a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

    Entities potentially affected by this action include renewable fuel 
producers, RIN generators, third party engineers, obligated parties, 
and RIN owners who have submitted information to EPA that is claimed to 
be, or has been determined to be, CBI. Potentially affected categories 
of such entities include:

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                                                   NAICS \1\                    Examples of potentially affected
                   Category                          codes       SIC \2\ codes              entities
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Industry......................................          324110            2911  Petroleum Refineries.
Industry......................................          325193            2869  Ethyl alcohol manufacturing.
Industry......................................          325199            2869  Other basic organic chemical
                                                                                 manufacturing.
Industry......................................          424690            5169  Chemical and allied products
                                                                                 merchant wholesalers.
Industry......................................          424710            5171  Petroleum bulk stations and
                                                                                 terminals.
Industry......................................          424720            5172  Petroleum and petroleum products
                                                                                 merchant wholesalers.
Industry......................................          221210            4925  Manufactured gas production and
                                                                                 distribution.
Industry......................................          454319            5989  Other fuel dealers.
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\1\ North American Industry Classification System (NAICS).
\2\ Standard Industrial Classification (SIC) system code.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities who may be impacted by this 
action. Other types of entities not listed in the table could also be 
impacted. If you have any questions regarding the applicability of this 
action, consult the person listed in the FOR FURTHER INFORMATION 
CONTACT section.

II. Action Description

    The United States has initiated a civil enforcement action alleging 
that NGL Crude Logistics, LLC (f/k/a Gavilon, LLC) and Western Dubuque 
Biodiesel, LLC violated Section 211(o) of the Clean Air Act and the 
Renewable Fuel Standard regulations issued thereunder in connection 
with the sale and repurchase of biodiesel and RINs in calendar year 
2011. The United States settled its claims against Western Dubuque 
Biodiesel, LLC, and the United States District Court for the Northern 
District of Iowa granted the motion to enter the amended consent decree 
on April 11, 2017. The United States' claims against NGL Crude 
Logistics, LLC (f/k/a Gavilon, LLC) are still pending. Notice is being 
provided, pursuant to 40 CFR 2.209(d), to inform affected businesses 
that EPA intends to transmit certain information, which has been 
submitted by renewable fuel producers, RIN generators, third party 
engineers, obligated parties, and RIN owners that is claimed to be, or 
has been determined to be, CBI, to NGL Crude Logistics, LLC (f/k/a 
Gavilon, LLC) in this enforcement action. The information includes EPA 
communications with, and information provided by, renewable fuel 
producers and RIN generators in connection with petitions under 40 CFR 
80.1416 and the production of renewable fuel and generation of RINs. 
The information also includes EPA communications with, and information 
provided by, obligated parties and RIN owners regarding specific RIN 
buys, sells, separations, and retirements. Examples of such information 
may include EPA registration information; information submitted to the 
EPA Moderated Transaction System (EMTS); EMTS RIN generation, 
transaction, and activity reports; documents mentioning, referring to, 
or discussing company fuel production activities or RIN generation 
activities; and non-public petition information submitted under 40 CFR 
80.1416.
    The treatment of this information is governed by the Protective 
Order entered into by the United States and NGL Crude Logistics, LLC. 
Interested third parties may find the Protective Order in the docket 
for the NGL Litigation, 2:16-cv-1038-LRR, ECF Document No. 68 (N.D. 
Iowa). The Protective Order governs the distribution of CBI, limits its 
use to the NGL Litigation, and provides for its return or destruction 
at the conclusion of the litigation. It also includes a provision that 
interested third parties may seek additional protections for their CBI. 
In accordance with 40 CFR 2.209(c-(d), DOJ must disclose such 
information to the extent required to comply with the discovery 
obligations of the United States in the NGL Litigation, including its 
obligations under the Protective Order.

    Dated: September 25, 2017.
Phillip A. Brooks,
Director, Air Enforcement Division.
[FR Doc. 2017-21615 Filed 10-5-17; 8:45 am]
 BILLING CODE 6560-50-P


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