82 FR 46805 - 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
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 193 (October 6, 2017)
Federal Register Volume 82, Issue 193 (October 6, 2017)
| Page Range | 46805-46806 | |
| FR Document | 2017-21615 |
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)] [Notices] [Pages 46805-46806] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21615] ======================================================================= ----------------------------------------------------------------------- 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- [[Page 46806]] 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: [email protected]. 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: ---------------------------------------------------------------------------------------------------------------- NAICS \1\ Examples of potentially affected Category codes SIC \2\ codes 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
![Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46805
support efforts to protect, mitigate, and Chinook smolts to 800,000 smolts, and and the effects of increases in harvest
enhance fish and wildlife affected by would help the spring Chinook program opportunities.
the development and operation of the transition from using only hatchery- BPA has established an extended
Federal Columbia River Power System raised fish for broodstock (a seven-week scoping period during
in the mainstem Columbia River and its ‘‘segregated’’ or ‘‘isolated’’ program) to a which concerned members of the
tributaries, including the Klickitat River, program that incorporates natural-origin public, interest groups, state and local
under the Pacific Northwest Electric fish in the broodstock (an ‘‘integrated’’ governments, and any other interested
Power Planning and Conservation Act of program). Currently, natural-origin parties are invited to comment on the
1980 (Act) (16 U.S.C. 839b(h)(10)). spring Chinook from the Klickitat basin scope of the proposed EIS. Scoping will
Under the Act, BPA funds fish and have higher survival rates than hatchery help BPA ensure that a full range of
wildlife protection, mitigation, and fish. Incorporating natural-origin fish issues related to this proposal are
enhancement actions consistent with into the broodstock is expected to addressed in the EIS and will help to
the Northwest Power and Conservation increase the fitness, productivity, identify significant or potentially
Council’s (Council) Fish and Wildlife survival, and harvest of this species. significant impacts that may result from
Program. Under this program, the Upgrades to the water system would the proposed project.
Council makes recommendations to increase the operational flexibility of the When completed, the Draft EIS will be
BPA concerning which fish and wildlife facility. Adding river water to the water circulated for review and comment, and
projects to fund. The Klickitat Hatchery supply would allow operators to release BPA will hold at least one public
upgrades are being reviewed by the smolts later in the spring when comment meeting to solicit comments
Council for recommendation to BPA for conditions in the Columbia River are on the Draft EIS. BPA will consider and
funding. more favorable to smolts migrating to respond in the Final EIS to comments
In addition, on May 2, 2008, BPA, the the ocean. The water system upgrades received on the Draft EIS. BPA’s
Bureau of Reclamation, and the U.S. also would reduce long-term subsequent decision will be
Army Corps of Engineers signed the maintenance and improve the quality of documented in a Record of Decision.
2008 Columbia Basin Fish Accords the hatchery effluent. Energy efficiency Issued in Portland, Oregon, on September
Memorandum of Agreement with the measures would be incorporated as 28, 2017.
Three Treaty Tribes: The Confederated possible into facility upgrade designs. Elliot E. Mainzer,
Tribes and Bands of the Yakama Nation, BPA is not proposing to fund fish
the Confederated Tribes of the Umatilla Administrator and Chief Executive Officer.
production or to take over any Mitchell [FR Doc. 2017–21575 Filed 10–5–17; 8:45 am]
Indian Reservation, and the Act funding for the hatchery.
Confederated Tribes of Warm Springs BILLING CODE 6450–01–P
BPA will be the lead agency for
Reservation. The agreement includes
preparation of the EIS. Cooperating
funding for this hatchery project, subject
agencies in addition to NMFS may be
to compliance with NEPA and other ENVIRONMENTAL PROTECTION
identified as the proposed project
environmental review requirements. AGENCY
The proposal is also consistent with proceeds through the NEPA process.
Alternatives Proposed for [FRL–9968–99–OECA]
the policy direction in BPA’s Fish and
Wildlife Implementation Plan EIS, Consideration. In the EIS, BPA is
currently considering two alternatives: Production of Confidential Business
which calls for protecting weak stocks Information in Pending Enforcement
while sustaining overall populations of To fund proposed upgrades that would
improve hatchery facilities, would allow Litigation; Transfer of Information
fish for their economic and cultural Claimed as Confidential Business
value, including long-term harvest the transition to an integrated program,
and would provide additional capacity Information to the United States
opportunities. Department of Justice and Party to
Upgrades at the existing hatchery for spring Chinook smolt production to
increase from 600,000 to 800,000; and a Certain Litigation
would include rehabilitating existing
water intakes at Upper and Lower no action alternative of not funding the AGENCY: Environmental Protection
Indian Ford Springs, updating and proposal. Other reasonable alternatives Agency (EPA).
rerouting water supply and discharge identified during the scoping process ACTION: Notice.
piping, refurbishing a pump station at may also be evaluated in the EIS.
an existing surface water intake in the Public Participation and SUMMARY: The Environmental Protection
Klickitat River, demolishing the existing Identification of Environmental Issues. Agency (‘‘EPA’’) is providing notice of
pollution abatement pond and The potential environmental issues disclosure of information which has
converting an existing fall Chinook identified so far for this project include been submitted to EPA by renewable
rearing pond to a pollution abatement effects of construction activity on water fuel producers, renewable identification
pond, replacing the existing adult quality, Endangered Species Act (ESA)- number (‘‘RIN’’) generators, third party
holding and spawning building, adding listed fish, and rare and sensitive plants engineers, obligated parties, and RIN
circular rearing tanks, building a and wildlife; and the operational effects owners that is claimed to be, or has been
chemical storage shed, and renovating of changes to the water supply and determined to be, confidential business
the existing hatchery building to discharge system on water quality. The information (‘‘CBI’’), in civil
improve usable space, security, and effects of changes to the spring Chinook enforcement litigation against NGL
asabaliauskas on DSKBBXCHB2PROD with NOTICES
operations monitoring systems. The program that could be facilitated by the Crude Logistics, LLC (f/k/a Gavilon,
total disturbed area would be upgrades will also be evaluated, LLC) and Western Dubuque Biodiesel,
approximately 16 acres. In addition, including the risk of competition LLC. Disclosure is in response to
BPA might also fund construction of between increasing numbers of discovery requests from NGL Crude
two staff residences. naturally spawning spring Chinook and Logistics, LLC (f/k/a Gavilon, LLC) in
Upgrades would improve rearing ESA-listed fish such as bull trout and the litigation styled United States of
conditions for spring Chinook, would steelhead; the effects of additional America v. NGL Crude Logistics, LLC (f/
provide the capacity to increase activities and facilities required to k/a Gavilon, LLC) and Western Dubuque
production from 600,000 spring monitor a changed hatchery program; Biodiesel, LLC, Case No. 2:16–cv–1038–
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![46806 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices
LRR, pending in the United States continue during the NGL Litigation. The 6272; fax number: 303–312–6003; email
District Court for the Northern District United States does not intend to address: kryman.matthew@epa.gov.
of Iowa (the ‘‘NGL Litigation’’). The produce documents containing CBI to
SUPPLEMENTARY INFORMATION:
court has entered a Stipulated Protective NGL until after potentially impacted
Order (‘‘Protective Order’’) between the third parties have an opportunity to I. Does this action apply to me?
United States and NGL Crude Logistics, inspect the Protective Order. The
LLC (f/k/a Gavilon, LLC) that governs inspection period will last for fourteen Entities potentially affected by this
the treatment of CBI, including a (14) calendar days after publication of action include renewable fuel
provision that interested third parties this Notice in the Federal Register. producers, RIN generators, third party
may seek additional protections for their engineers, obligated parties, and RIN
CBI. FOR FURTHER INFORMATION CONTACT: owners who have submitted information
DATES: Access by the United States Matthew Kryman, Air Enforcement to EPA that is claimed to be, or has been
Department of Justice (‘‘DOJ’’) to Division, Office of Civil Enforcement, determined to be, CBI. Potentially
material, including CBI, discussed in 1595 Wynkoop Street (8MSU), Denver, affected categories of such entities
this Notice, is ongoing and expected to CO 80202; telephone number: 303–312– include:
Category NAICS 1 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 Logistics, LLC (f/k/a Gavilon, LLC) in may seek additional protections for their
exhaustive, but rather provides a guide this enforcement action. The CBI. In accordance with 40 CFR
for readers regarding entities who may information includes EPA 2.209(c–(d), DOJ must disclose such
be impacted by this action. Other types communications with, and information information to the extent required to
of entities not listed in the table could provided by, renewable fuel producers comply with the discovery obligations
also be impacted. If you have any and RIN generators in connection with of the United States in the NGL
questions regarding the applicability of petitions under 40 CFR 80.1416 and the Litigation, including its obligations
this action, consult the person listed in production of renewable fuel and under the Protective Order.
the FOR FURTHER INFORMATION CONTACT generation of RINs. The information also Dated: September 25, 2017.
section. includes EPA communications with, Phillip A. Brooks,
and information provided by, obligated
II. Action Description Director, Air Enforcement Division.
parties and RIN owners regarding
[FR Doc. 2017–21615 Filed 10–5–17; 8:45 am]
The United States has initiated a civil specific RIN buys, sells, separations,
and retirements. Examples of such BILLING CODE 6560–50–P
enforcement action alleging that NGL
Crude Logistics, LLC (f/k/a Gavilon, information may include EPA
LLC) and Western Dubuque Biodiesel, registration information; information
ENVIRONMENTAL PROTECTION
LLC violated Section 211(o) of the Clean submitted to the EPA Moderated
AGENCY
Air Act and the Renewable Fuel Transaction System (EMTS); EMTS RIN
Standard regulations issued thereunder generation, transaction, and activity [EPA–HQ–OAR–2060–0275; FRL–9968–96–
in connection with the sale and reports; documents mentioning, OAR]
repurchase of biodiesel and RINs in referring to, or discussing company fuel
production activities or RIN generation Proposed Information Collection
calendar year 2011. The United States
activities; and non-public petition Request; Comment Request;
settled its claims against Western
information submitted under 40 CFR Regulation of Fuels and Fuel
Dubuque Biodiesel, LLC, and the United
80.1416. Additives: Detergent Gasoline
States District Court for the Northern
(Renewal)
District of Iowa granted the motion to The treatment of this information is
enter the amended consent decree on governed by the Protective Order AGENCY: Environmental Protection
April 11, 2017. The United States’ entered into by the United States and Agency (EPA).
claims against NGL Crude Logistics, NGL Crude Logistics, LLC. Interested ACTION: Notice.
LLC (f/k/a Gavilon, LLC) are still third parties may find the Protective
asabaliauskas on DSKBBXCHB2PROD with NOTICES
pending. Notice is being provided, Order in the docket for the NGL SUMMARY: The Environmental Protection
pursuant to 40 CFR 2.209(d), to inform Litigation, 2:16–cv–1038–LRR, ECF Agency is planning to submit an
affected businesses that EPA intends to Document No. 68 (N.D. Iowa). The information collection request (ICR),
transmit certain information, which has Protective Order governs the ‘‘Regulation of Fuels and Fuel
been submitted by renewable fuel distribution of CBI, limits its use to the Additives: Detergent Gasoline
producers, RIN generators, third party NGL Litigation, and provides for its (Renewal)’’ (EPA ICR No. 1655.09, OMB
engineers, obligated parties, and RIN return or destruction at the conclusion Control No. 2060–0275) to the Office of
owners that is claimed to be, or has been of the litigation. It also includes a Management and Budget (OMB) for
determined to be, CBI, to NGL Crude provision that interested third parties review and approval in accordance with
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Document Created: 2017-10-06 00:08:43
Document Modified: 2017-10-06 00:08:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| 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. | |
| 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- | |
| FR Citation | 82 FR 46805 |
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