
[Federal Register: June 22, 2010 (Volume 75, Number 119)]
[Notices]               
[Page 35451-35452]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn10-46]                         

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2010-0485; FRL 9166-6]

 
Access by EPA Contractors To Information Claimed as Confidential 
Business Information (CBI) Submitted Under Title II of the Clean Air 
Act and Related to the Renewable Fuel Standard (RFS2) and the EPA 
Moderated Transaction System (EMTS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: EPA's Office of Transportation and Air Quality (OTAQ) plans to 
authorize various contractors to access information which will be 
submitted to EPA under Title II of the Clean Air Act that may be 
claimed as, or may be determined to be, confidential business 
information (CBI). Contractor access to this information, which is 
related to the Renewable Fuel Standard (RFS2) and its EPA Moderated 
Transaction System (EMTS), will begin on July 1, 2010.

DATES: EPA will accept comments on this Notice through June 28, 2010.

FOR FURTHER INFORMATION CONTACT: Anne-Marie C. Pastorkovich, 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW. (6406J), 
Washington, DC 20460; telephone number: 202-343-9623; fax number: 202-
343-2801; e-mail address: pastorkovich.anne-marie@epa.gov.

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 parties who are required to use the 
EPA Moderated Transaction System (EMTS), as described in 40 CFR 
80.1452(e), to manage and convey renewable identification numbers 
(RINs). EMTS is utilized by parties subject to registration and 
reporting under the Renewable Fuel Standard (RFS2) program of 40 CFR 
part 80, subpart M.\1\
---------------------------------------------------------------------------

    \1\  See ``Regulation of Fuel and Fuel Additives: Changes to 
Renewable Fuel Standard Program--Final Rule,'' 75 FR 14670 (March 
26, 2010) and ``Regulation of Fuel and Fuel Additives: Modifications 
to Renewable Fuel Standard Program--Final Rule and Proposed Rule,'' 
75 FR 26026 (May 10, 2010).
---------------------------------------------------------------------------

    This Federal Register notice may be of particular relevance to 
parties that have submitted data under the above-listed programs or 
systems. Since other parties may also be interested, the Agency 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

    EPA has established a public docket for this Federal Register 
notice under Docket EPA-HQ-OAR-2010-0485.
    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.

B. EPA Docket Center

    Materials listed under Docket EPA-HQ-OAR-2010-0485 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 the 
telephone number for the Air Docket is (202) 566-1742.

III. Description of Programs and Potential Disclosure of Information 
Claimed as Confidential Business Information (CBI) to Contractors

    EPA's Office of Transportation and Air Quality (OTAQ) has 
responsibility for protecting public health and the environment by 
regulating air pollution from motor vehicles, engines, and the fuels 
used to operate them, and by encouraging travel choices that minimize 
emissions. In order to implement various Clean Air Act programs, and to 
permit regulated entities flexibility in meeting regulatory 
requirements (e.g., compliance on average), we collect compliance 
reports and other information from them. Occasionally, the information 
submitted is claimed to be confidential business information (CBI). 
Information submitted under such a claim is handled in accordance with 
EPA's regulations at 40 CFR part 2, subpart B and in accordance with 
EPA procedures, including comprehensive system security plans (SSPs) 
that are consistent with those regulations. When EPA has determined 
that disclosure of information claimed as CBI to contractors is 
necessary, the corresponding contract must address the appropriate use 
and handling of the information by the contractor and the contractor 
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), we have determined that the 
contractors, subcontractors, and grantees (collectively referred to as 
``contractors'') listed below require access to CBI submitted to us 
under the Clean Air Act and in connection with the RFS2 program and 
EMTS. We are providing notice and an opportunity to comment. OTAQ 
collects this data in order to monitor compliance with the RFS2 program 
and to permit regulated parties flexibility in meeting regulatory 
requirements through the trading of RINs. We are issuing this Federal 
Register notice to inform all submitters of information within the EMTS 
system that we plan to grant access to material that may be claimed as 
CBI to the contractors identified below on a need-to-know basis.
    Under Contract Number EP-W-09-22, PowerSolv, Incorporated, 1801 
Robert Fulton Drive 550, Reston, Virginia, 20191 and its 
subcontractor, Indus Corporation, 1951 Kidwell Drive--8th Floor, 
Vienna, Virginia, 22182 provides technical support and information 
technology services that involve access to information claimed as CBI 
related to EMTS. Access to EMTS data, including information claimed as 
CBI, will commence on July 1, 2010 and will continue until May 31, 
2011. If the contract is extended, this access will continue for the 
remainder of the contract without further notice.
    Under Contract Number EP-06-095, Compass Solutions, Incorporated, 
2760 Eisenhower Avenue, Suite 404, Alexandria, Virginia 22314 provides 
report processing and program support that involves access to 
information claimed as CBI related to EMTS. Access to EMTS data, 
including information claimed as CBI, will commence on July 1, 2010 and 
will continue until

[[Page 35452]]

September 30, 2010. If the contract is extended, the access described 
in this paragraph will continue for the remainder of the contract and 
any further extensions without further notice.
    Under Contract Number EP-W-09-021, Perrin Quarles Associates (PQA), 
Inc.,\2\ 652 Peter Jefferson Parkway, Suite 300, Charlottesville, 
Virginia, 22911 provides technical and analytical support that involves 
access to information claimed as CBI related to EMTS. Access to data, 
including information claimed as CBI, will commence on July 1, 2010 and 
will continue until April 14, 2011. If the contract is extended, this 
access will continue for the remainder of the contract and any further 
extensions without further notice.
---------------------------------------------------------------------------

    \2\ On January 25, 2010, PQA announced that it had been acquired 
by SRA International (SRA) of Fairfax, Virginia.
---------------------------------------------------------------------------

    Under Contract Number GS35F4797H, CGI, Incorporated, 12601 Fair 
Lakes Circle, Fairfax, Virginia, 22033 provides technical and 
information technology support related to submission of data via EPA's 
Central Data Exchange (CDX) and EMTS. Access to fuels data, including 
information claimed as CBI, will commence on July 1, 2010 and will 
continue until March 31, 2012. 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 EP10H000097, Computer Science Corporation 
(CSC), 15000 Conference Center Drive, Chantilly, Virginia 20151-3808, 
provides technical and information technology support that involves 
access to information claimed as CBI related to EMTS. Access to data, 
including information claimed as CBI, will commence on July 1, 2010 and 
will continue until September 30, 2010. 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 GS00T99ALD0203, Task Order EP09H002180, EXCEL 
Management Systems, Inc., 691 N High Street, Floor 2, Columbus, Ohio, 
43215, provides technical and information technology support that 
involves access to information claimed as CBI related to EMTS. Access 
to data, including information claimed as CBI, will commence on July 1, 
2010 and will continue until June 30, 2011. If the contract is 
extended, this access will continue for the remainder of the contract 
and any further extensions without further notice.
    OTAQ utilizes the services of enrollees under the Senior 
Environmental Employment (SEE) program. Some SEE enrollees are provided 
through Grant Number CQ-83880-01, Senior Service America, Inc., (SSAI), 
8403 Colesville Road, Suite 1200, Silver Spring, Maryland 20910-3314. 
SEE enrollees are also provided through Grant Number CQ-833436, the 
National Association for Hispanic Elderly (NAHE), 234 E. Colorado 
Blvd., Suite 300, Pasadena, California 91101. Access to data related to 
EMTS, including information claimed as CBI will commence on July 1, 
2010 and will continue until August 31, 2011. If these grants are 
extended, this access will continue for the remainder of the grants and 
any future extensions without further notice.
    Parties who wish further information about this Federal Register 
notice or about OTAQ's disclosure of information claimed as CBI to 
contactors may contact the person listed under FOR FURTHER INFORMATION 
CONTACT.

List of Subjects

    Environmental protection; confidential business information.

    Dated: June 4, 2010.
Karl J. Simon,
Director, Compliance and Innovative Strategies Division, Office of 
Transportation & Air Quality, Office of Air and Radiation.
[FR Doc. 2010-15032 Filed 6-21-10; 8:45 am]
BILLING CODE 6560-50-P

