Notice2021-20560
Access by United States Environmental Protection Agency (EPA) Contractor and Subcontractors to Information Claimed as Confidential Business Information (CBI) Submitted Under Clean Air Act (CAA) and Act To Prevent Pollution From Ships (APPS)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 23, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The United States Environmental Protection Agency's (EPA's) Office of Enforcement and Compliance Assurance (OECA) plans to authorize a contractor and several subcontractors to access information that will be submitted to the EPA under the Clean Air Act (CAA) and the Act to Prevent Pollution from Ships (APPS) that may be claimed as, or may be determined to be, confidential business information (CBI).
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 182 (Thursday, September 23, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 182 (Thursday, September 23, 2021)]
[Notices]
[Pages 52898-52899]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20560]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OECA-2012-0978; FRL-8994-01-OECA]
Access by United States Environmental Protection Agency (EPA)
Contractor and Subcontractors to Information Claimed as Confidential
Business Information (CBI) Submitted Under Clean Air Act (CAA) and Act
To Prevent Pollution From Ships (APPS)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The United States Environmental Protection Agency's (EPA's)
Office of Enforcement and Compliance Assurance (OECA) plans to
authorize a contractor and several subcontractors to access information
that will be submitted to the EPA under the Clean Air Act (CAA) and the
Act to Prevent Pollution from Ships (APPS) that may be claimed as, or
may be determined to be, confidential business information (CBI).
DATES: Comments must be received on or before September 28, 2021. The
contractor's and subcontractors' access to information collected under
the CAA and the APPS, will begin on September 29, 2021.
ADDRESSES: You may send comments, identified by Docket ID No. EPA HQ-
OECA-2012-0978, by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#5a3e3539313f2e74353f393b1a3f2a3b743d352c"><span class="__cf_email__" data-cfemail="096d666a626c7d27666c6a68496c7968276e667f">[email protected]</span></a>. Include Docket ID No. EPA-HQ-
OECA-2012-0978 in the subject line of the message.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: Jeffrey Kimes, Air Enforcement
Division, Office of Enforcement and Compliance Assurance (Mail Code
8MSU), Environmental Protection Agency, 1595 Wynkoop St., Denver, CO
80202; telephone number: (303) 312-6445; email address:
<a href="/cdn-cgi/l/email-protection#8ce7e5e1e9ffa2e6e9eaeafee9f5cce9fceda2ebe3fa"><span class="__cf_email__" data-cfemail="82e9ebefe7f1ace8e7e4e4f0e7fbc2e7f2e3ace5edf4">[email protected]</span></a>.
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 certain parties, including the
following parties: owners and operators of stationary sources subject
to the CAA including, but not limited to, State Implementation Plans
(SIPs), hazardous air pollutants (HAPs, MACT Rules) under Section 112,
permits including New Source Review and Prevention of Significant
Deterioration (NSR/PSD), New Source Performance Standards (NSPS), and
Prevention of Accidental Releases under Section 112(r); motor vehicle
manufacturers and importers; engine manufacturers and importers; motor
vehicle fuel and fuel additive producers and importers; manufacturers,
importers, users and distributors of hydrofluorocarbons (HFCs);
manufacturers, importers and distributors of motor vehicle and engine
emission control equipment and parts; and any other parties subject to
the regulations found in 40 CFR parts 52, 60, 63-80, 85, 86, 89-92, 94,
1033, 1036, 1037, 1039, 1042, 1043, 1045, 1048, 1051, 1054, 1060, 1065,
1068, and 1090.
This Federal Register notice may be of particular relevance to
parties that have submitted data to the EPA under the above-listed
regulations. Because other parties may also be interested, the EPA has
not attempted to describe all the specific parties that may be affected
by this action. 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 ID No. EPA-HQ-OECA-2012-0978.
All documents in the docket are identified in the docket index
available at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Although listed in the index,
some information is not publicly available, such as CBI or other
information for which disclosure is restricted by statute.
B. EPA Docket Center
The EPA is temporarily suspending its Docket Center and Reading
Room for public visitors, with limited exceptions, to reduce the risk
of transmitting COVID-19. Our Docket Center staff will continue to
provide remote customer service via email, phone, and webform. For
further information and updates on EPA Docket Center services, please
visit us online at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
[[Page 52899]]
III. Description of Programs and Potential Disclosure of Information
Claimed as CBI to Contractor and Subcontractors
The EPA's OECA has responsibility for protecting public health and
the environment by enforcing standards for air pollution. In order to
implement various CAA and APPS programs, OECA collects compliance
reports and other information from the regulated industry.
Occasionally, the information submitted to, or obtained by, the EPA is
claimed to be CBI by persons submitting data to the EPA. 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 the EPA
procedures that are consistent with those regulations. When the EPA has
determined that disclosure of information claimed as CBI to EPA
contractors or subcontractors is necessary, the corresponding contract
must address the appropriate use and handling of the information by the
EPA contractor and subcontractors and the EPA contractor and
subcontractors 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), the EPA has determined that EPA
contractor Eastern Research Group, Incorporated (ERG), 14555 Avion
Parkway, Suite 200, Chantilly, VA 20151, and ERG subcontractors PG
Environmental, LLC; Aleksandrich Compliance & Engineering Services,
LLC; Clearstone Engineering Ltd.; Process Profiles; and Matrix New
World Engineering (collectively referred to as ``subcontractors'' in
this notice) require access to CBI submitted to the EPA under Section
114 of the CAA, Section 208 of the CAA, and the APPS for the work they
perform under Contract Number 68HERC21D0007. We are providing notice
and an opportunity to comment on their access to information claimed as
CBI. We are issuing this Federal Register notice to inform all affected
submitters that we plan to grant access to material that may be claimed
as CBI to ERG and its subcontractors on a need-to-know basis.
Under Contract Number 68HERC21D0007, ERG provides enforcement
support for the EPA's regulatory and enforcement activities, including
field inspections, investigations, audits, and other CAA regulatory and
enforcement support that involve access to information claimed as CBI.
ERG also employs subcontractors, who support these activities, under
the above-listed contract. ERG and its subcontractors require access to
information claimed as CBI to support EPA enforcement activities
described above. Access to data, including information claimed as CBI,
will commence six days after the date of publication of this notice in
the Federal Register, and will continue until March 9, 2026. If the
contract and associated subcontracts are extended, this access will
continue for the remainder of the ERG contract without further notice.
If the contract expires prior to March 9, 2026, the access will cease
at that time. If ERG employs additional subcontractors to support the
EPA on a regular basis or on a limited or one-time basis under the
above-listed contract, and those subcontractors require access to CBI,
the EPA will notify affected companies of the contemplated disclosure
and provide them with an opportunity to comment by either sending them
a letter or by publishing an additional notice in the Federal Register.
Parties who wish to obtain further information about this Federal
Register notice, or about OECA's disclosure of information claimed as
CBI to ERG and its subcontractors, may contact the person listed under
FOR FURTHER INFORMATION CONTACT.
Dated: September 15, 2021.
Evan Belser,
Acting Director, Air Enforcement Division.
[FR Doc. 2021-20560 Filed 9-22-21; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 23, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.