Disclosure of Information Claimed as, or Determined by EPA To Be, Confidential Business Information (CBI) in Renewable Fuel Standard (RFS) Small Refinery Exemption Petitions and Certain RFS Compliance Reports Publication: Federal Register Agency: Environmental Protection Agency Byline: Byron Bunker Date: 10 March 2022 Subjects: American Government , The Environment, Petroleum

[Federal Register Volume 87, Number 47 (Thursday, March 10, 2022)]
[Notices]
[Pages 13733-13734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05017]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9500-01-OAR]


Disclosure of Information Claimed as, or Determined by EPA To Be, 
Confidential Business Information (CBI) in Renewable Fuel Standard 
(RFS) Small Refinery Exemption Petitions and Certain RFS Compliance 
Reports

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is providing 
notice of disclosure to all obligated parties under the Renewable Fuel 
Standard (RFS) program that have petitioned for a small refinery 
exemption (SRE) or that have submitted any of the following RFS 
compliance reports: RFS2500 Efficient Producer Data Report, RFS0303 
Annual Report, RFS0104 RFS Activity Report, and RFS0105 RFS Activity 
Report. In response to a request by the U.S. Government Accountability 
Office (GAO), EPA will disclose information to GAO which has been 
submitted to EPA that is claimed to be, or has been determined to be, 
confidential business information (CBI). The information to be 
disclosed includes all documents, information, and data related to all 
small refinery exemption petitions received by EPA since May 21, 2021, 
through December 31, 2023, and all information in the aforementioned 
RFS compliance reports. These records include, but are not limited to: 
(a) All materials submitted by the small refineries as part of their 
petitions; (b) any documentation sent by the Department of Energy (DOE) 
to EPA stating DOE's findings and scores associated with the petitions 
and any EPA responses thereto; (c) any EPA record addressing the 
subject of the exemption petitions, including any analysis that EPA 
conducted in addition to DOE's findings; and (d) EPA's final exemption 
decisions sent to the refineries.

DATES: EPA will disclose the material discussed in this document to 
GAO, including any CBI therein, on March 28, 2022. All CBI-claimed 
documents will be destroyed, deleted, or returned to EPA at the 
conclusion of GAO's review.

FOR FURTHER INFORMATION CONTACT: Karen Nelson, Environmental Protection 
Specialist, Compliance Division, Office of Transportation and Air 
Quality at nelson.karen@epa.gov or (734) 214-4657.

SUPPLEMENTARY INFORMATION: In connection with a GAO review, EPA 
received a request under 40 CFR 2.209(b) from GAO for records submitted 
to EPA under the RFS program since the date EPA last shared similar 
documents with GAO (May 21, 2021) through December 31, 2023. GAO, as 
part of the same program review, has also requested access to a RIN 
analysis that potentially contains derivative CBI sourced from certain 
RFS compliance reports. The information that will be disclosed to GAO 
includes all

[[Page 13734]]

documents, information, and data related to all SRE petitions that are 
received by EPA between May 21, 2021, and December 31, 2023--including 
new petitions and supplemental information submitted in support of an 
existing petition--and all information from the following compliance 
reports for the specified time periods: RFS2500 Efficient Producer Data 
Report for compliance years 2016 through 2021; RFS0303 Annual Report 
for compliance years 2011 through 2019; RFS0104 RFS Activity Report for 
compliance years 2011 through 2019; and RFS0105 RFS Activity Report for 
compliance year 2020. These records include, but are not limited to: 
(a) All materials submitted by the small refineries as part of their 
petitions; (b) any documentation sent by DOE to EPA stating DOE's 
findings and score associated with the petitions; (c) any analysis that 
EPA conducted in addition to DOE's findings; (d) EPA's final exemption 
decisions sent to the refineries; and (e) all information from the 
aforementioned RFS compliance reports for the specified time periods.
    This notice is being provided pursuant to 40 CFR 2.209(b)(2) to 
inform potentially affected entities that EPA intends to transmit 
certain documents, which may contain information submitted by oil 
refiners and refineries, or any company associated therewith, that is 
claimed to be, or has been determined to be, CBI to GAO in response to 
its request for information. The disclosure of CBI is limited to GAO 
and further disclosure is generally restricted by 31 U.S.C. 716(e), and 
subject to criminal penalties under 18 U.S.C. 1905. Any objections to 
this disclosure must be raised within 15 calendar days from publication 
of this notice.

    Dated: March 1, 2022.
Byron Bunker,
Director, Compliance Division, Office of Transportation and Air 
Quality.
[FR Doc. 2022-05017 Filed 3-9-22; 8:45 am]
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