[Federal Register Volume 86, Number 182 (Thursday, September 23, 2021)]
[Notices]
[Pages 52898-52899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20560]


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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.

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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:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Email: docket.oeca@epa.gov. 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 https://www.regulations.gov/, 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: 
kimes.jeffrey@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 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 http://www.regulations.gov. 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 https://www.epa.gov/dockets.

[[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


