Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46805 

support efforts to protect, mitigate, and 

enhance fish and wildlife affected by 

the development and operation of the 

Federal Columbia River Power System 

in the mainstem Columbia River and its 

tributaries, including the Klickitat River, 

under the Pacific Northwest Electric 

Power Planning and Conservation Act of 

1980 (Act) (16 U.S.C. 839b(h)(10)). 

Under the Act, BPA funds fish and 

wildlife protection, mitigation, and 

enhancement actions consistent with 

the Northwest Power and Conservation 

Council’s (Council) Fish and Wildlife 

Program. Under this program, the 

Council makes recommendations to 

BPA concerning which fish and wildlife 

projects to fund. The Klickitat Hatchery 

upgrades are being reviewed by the 

Council for recommendation to BPA for 

funding. 

In addition, on May 2, 2008, BPA, the 

Bureau of Reclamation, and the U.S. 

Army Corps of Engineers signed the 

2008 Columbia Basin Fish Accords 

Memorandum of Agreement with the 

Three Treaty Tribes: The Confederated 

Tribes and Bands of the Yakama Nation, 

the Confederated Tribes of the Umatilla 

Indian Reservation, and the 

Confederated Tribes of Warm Springs 

Reservation. The agreement includes 

funding for this hatchery project, subject 

to compliance with NEPA and other 

environmental review requirements. 

The proposal is also consistent with 

the policy direction in BPA’s Fish and 

Wildlife Implementation Plan EIS, 

which calls for protecting weak stocks 

while sustaining overall populations of 

fish for their economic and cultural 

value, including long-term harvest 

opportunities. 

Upgrades at the existing hatchery 

would include rehabilitating existing 

water intakes at Upper and Lower 

Indian Ford Springs, updating and 

rerouting water supply and discharge 

piping, refurbishing a pump station at 

an existing surface water intake in the 

Klickitat River, demolishing the existing 

pollution abatement pond and 

converting an existing fall Chinook 

rearing pond to a pollution abatement 

pond, replacing the existing adult 

holding and spawning building, adding 

circular rearing tanks, building a 

chemical storage shed, and renovating 

the existing hatchery building to 

improve usable space, security, and 

operations monitoring systems. The 

total disturbed area would be 

approximately 16 acres. In addition, 

BPA might also fund construction of 

two staff residences. 

Upgrades would improve rearing 

conditions for spring Chinook, would 

provide the capacity to increase 

production from 600,000 spring 

Chinook smolts to 800,000 smolts, and 

would help the spring Chinook program 

transition from using only hatcheryraised fish for broodstock (a 

‘‘segregated’’ or ‘‘isolated’’ program) to a 

program that incorporates natural-origin 

fish in the broodstock (an ‘‘integrated’’ 

program). Currently, natural-origin 

spring Chinook from the Klickitat basin 

have higher survival rates than hatchery 

fish. Incorporating natural-origin fish 

into the broodstock is expected to 

increase the fitness, productivity, 

survival, and harvest of this species. 

Upgrades to the water system would 

increase the operational flexibility of the 

facility. Adding river water to the water 

supply would allow operators to release 

smolts later in the spring when 

conditions in the Columbia River are 

more favorable to smolts migrating to 

the ocean. The water system upgrades 

also would reduce long-term 

maintenance and improve the quality of 

the hatchery effluent. Energy efficiency 

measures would be incorporated as 

possible into facility upgrade designs. 

BPA is not proposing to fund fish 

production or to take over any Mitchell 

Act funding for the hatchery. 

BPA will be the lead agency for 

preparation of the EIS. Cooperating 

agencies in addition to NMFS may be 

identified as the proposed project 

proceeds through the NEPA process. 

Alternatives Proposed for 

Consideration. In the EIS, BPA is 

currently considering two alternatives: 

To fund proposed upgrades that would 

improve hatchery facilities, would allow 

the transition to an integrated program, 

and would provide additional capacity 

for spring Chinook smolt production to 

increase from 600,000 to 800,000; and a 

no action alternative of not funding the 

proposal. Other reasonable alternatives 

identified during the scoping process 

may also be evaluated in the EIS. 

Public Participation and 

Identification of Environmental Issues. 

The potential environmental issues 

identified so far for this project include 

effects of construction activity on water 

quality, Endangered Species Act (ESA)- 

listed fish, and rare and sensitive plants 

and wildlife; and the operational effects 

of changes to the water supply and 

discharge system on water quality. The 

effects of changes to the spring Chinook 

program that could be facilitated by the 

upgrades will also be evaluated, 

including the risk of competition 

between increasing numbers of 

naturally spawning spring Chinook and 

ESA-listed fish such as bull trout and 

steelhead; the effects of additional 

activities and facilities required to 

monitor a changed hatchery program; 

and the effects of increases in harvest 

opportunities. 

BPA has established an extended 

seven-week scoping period during 

which concerned members of the 

public, interest groups, state and local 

governments, and any other interested 

parties are invited to comment on the 

scope of the proposed EIS. Scoping will 

help BPA ensure that a full range of 

issues related to this proposal are 

addressed in the EIS and will help to 

identify significant or potentially 

significant impacts that may result from 

the proposed project. 

When completed, the Draft EIS will be 

circulated for review and comment, and 

BPA will hold at least one public 

comment meeting to solicit comments 

on the Draft EIS. BPA will consider and 

respond in the Final EIS to comments 

received on the Draft EIS. BPA’s 

subsequent decision will be 

documented in a Record of Decision. 

Issued in Portland, Oregon, on September 

28, 2017. 

Elliot E. Mainzer, 

Administrator and Chief Executive Officer. 

[FR Doc. 2017–21575 Filed 10–5–17; 8:45 am] 

BILLING CODE 6450–01–P 

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. 

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– 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
46806 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 

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: kryman.matthew@epa.gov. 

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: 

Category NAICS1 codes SIC 2 codes Examples of potentially affected entities 

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. 

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 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2060–0275; FRL–9968–96– 

OAR] 

Proposed Information Collection 

Request; Comment Request; 

Regulation of Fuels and Fuel 

Additives: Detergent Gasoline 

(Renewal) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency is planning to submit an 

information collection request (ICR), 

‘‘Regulation of Fuels and Fuel 

Additives: Detergent Gasoline 

(Renewal)’’ (EPA ICR No. 1655.09, OMB 

Control No. 2060–0275) to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 


asabaliauskas on DSKBBXCHB2PROD with NOTICES