82 FR 6506 - Inquiry To Learn Whether Businesses Assert Business Confidentiality Claims Regarding Waste Import and Export

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 12 (January 19, 2017)

Page Range		6506-6509
FR Document		2017-01101

The Environmental Protection Agency (EPA) receives from time to time Freedom of Information Act (FOIA) requests for documentation received or issued by EPA or data contained in EPA database systems pertaining to the export and import of Resource Conservation and Recovery Act (RCRA) hazardous waste from/to the United States, the export of cathode ray tubes (CRTs) and spent lead acid batteries (SLABs) from the United States, and the export and import of RCRA universal waste from/to the United States. These documents and data may identify or reference multiple parties, and describe transactions involving the movement of specified materials in which the parties propose to participate or have participated. The purpose of this notice is to inform ``affected businesses'' about the documents or data sought by these types of FOIA requests in order to provide the businesses with the opportunity to assert claims that any of the information sought that pertains to them is entitled to treatment as confidential business information (CBI), and to send comments to EPA supporting their claims for such treatment. Certain businesses, however, do not meet the definition of ``affected business,'' and are not covered by today's notice. They consist of any business that actually submitted to EPA any document at issue pursuant to applicable RCRA regulatory requirements and did not assert a CBI claim as to information that pertains to that business in connection with the document at the time of its submission; they have waived their right to do so at a later time. Nevertheless, other businesses identified or referenced in the documents that were submitted to EPA by the submitting business may have a right to assert a CBI claim concerning information that pertains to them and may do so in response to this notice.

Federal Register, Volume 82 Issue 12 (Thursday, January 19, 2017)

[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Notices]
[Pages 6506-6509]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01101]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2016-0745; FRL-9958-54-OECA]


Inquiry To Learn Whether Businesses Assert Business 
Confidentiality Claims Regarding Waste Import and Export

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for comment.

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SUMMARY: The Environmental Protection Agency (EPA) receives from time 
to time Freedom of Information Act (FOIA) requests for documentation 
received or issued by EPA or data contained in EPA database systems 
pertaining to the export and import of Resource Conservation and 
Recovery Act (RCRA) hazardous waste from/to the United States, the 
export of cathode ray tubes (CRTs) and spent lead acid batteries 
(SLABs) from the United States, and the export and import of RCRA 
universal waste from/to the United States. These documents and data may 
identify or reference multiple parties, and describe transactions 
involving the movement of specified materials in which the parties 
propose to participate or have participated. The purpose of this notice 
is to inform ``affected businesses'' about the documents or data sought 
by these types of FOIA requests in order to provide the businesses with 
the opportunity to assert claims that any of the information sought 
that pertains to them is entitled to treatment as confidential business 
information (CBI), and to send comments to EPA supporting their claims 
for such treatment. Certain businesses, however, do not meet the 
definition of ``affected business,'' and are not covered by today's 
notice. They consist of any business that actually submitted to EPA any 
document at issue pursuant to applicable RCRA regulatory requirements 
and did not assert a CBI claim as to information that pertains to that 
business in connection with the document at the time of its submission; 
they have waived their right to do so at a later time. Nevertheless, 
other businesses identified or referenced in the documents that were 
submitted to EPA by the submitting business may have a right to assert 
a CBI claim concerning information that pertains to

[[Page 6507]]

them and may do so in response to this notice.

DATES: Comments must be received on or before February 21, 2017. The 
period for submission of comments may be extended if, before the 
comments are due, you make a request for an extension of the comment 
period and it is approved by the EPA legal office. Except in 
extraordinary circumstances, the EPA legal office will not approve such 
an extension without the consent of any person whose request for 
release of the information under the FOIA is pending.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2016-0745, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Email: [email protected].
     Address: Eva Kreisler, International Compliance Assurance 
Division, Office of Federal Activities, Office of Enforcement and 
Compliance Assurance, Environmental Protection Agency, Mailcode: 2254A, 
1200 Pennsylvania Ave. NW., Washington, DC 20460.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-
2016-0745. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or email. Instructions about how to submit comments 
claimed as CBI are given later in this notice.
    The http://www.regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to EPA without going through http://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment. Please include your name and 
other contact information with any disk or CD-ROM you submit by mail. 
If EPA cannot read your comment due to technical difficulties and 
cannot contact you for clarification, EPA may not be able to consider 
your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. For additional information about EPA's public docket visit the 
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the HQ EPA Docket 
Center, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC. The 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 Public Reading Room is (202) 566-1744, and the telephone 
number for the docket for this notice is (202) 566-1752.

FOR FURTHER INFORMATION CONTACT: Eva Kreisler, International Compliance 
Assurance Division, Office of Federal Activities, Office of Enforcement 
and Compliance Assurance, Environmental Protection Agency, Mailcode: 
2254A, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone 
number: (202) 564-8186; email address: [email protected].

SUPPLEMENTARY INFORMATION: Today's notice relates to any documents or 
data in the following areas: (1) Export of Resource Conservation and 
Recovery Act (RCRA) hazardous waste, during calendar year 2016 or 
before, under 40 CFR part 262, subparts E and H; (2) import of RCRA 
hazardous waste, during calendar year 2016 or before, under 40 CFR part 
262, subparts F and H; (3) transit of RCRA hazardous waste, during 
calendar year 2016 or before, under 40 CFR part 262, subpart H, through 
the United States and foreign countries; (4) export of cathode ray 
tubes, during calendar year 2016 or before, under 40 CFR part 261, 
subpart E; (5) exports of non-crushed spent lead acid batteries with 
intact casings, during calendar year 2016 or before, under 40 CFR part 
266 subpart G; (6) export and import of RCRA universal waste, during 
calendar year 2016 or before, under 40 CFR part 273, subparts B, C, D, 
and F;(7) submissions from transporters, during calendar year 2016 or 
before, under 40 CFR part 263, or from treatment, storage or disposal 
facilities under 40 CFR parts 264 and 265, related to exports or 
imports of hazardous waste which occurred during calendar year 2016 or 
before, including receiving facility notices under 40 CFR 264.12(a)(1) 
and 265.12(a)(1) and import consent documentation under 40 CFR 
264.71(a)3) and 265.71(a)(3).

I. General Information

    EPA has previously published notices similar to this one in the 
Federal Register, the latest one being at 81 FR 7788, February 16, 
2016, that address issues similar to those raised by today's notice. 
The Agency did not receive any comments on the previous notices. Since 
the publication of the February 16, 2016, Federal Register notice, the 
Agency has continued to receive FOIA requests for documents and data 
contained in EPA's database related to hazardous waste exports and 
imports.

II. Issues Covered by This Notice

    Specifically, EPA receives FOIA requests from time to time for 
documentation or data related to hazardous waste exports and imports 
that may identify or reference multiple parties, and that describe 
transactions involving the movement of specified materials in which the 
parties propose to participate or have participated. This notice 
informs ``affected businesses,'' \1\ which could include, among others, 
``transporters,'' \2\ and ``consignees,'' \3\ of the requests for 
information in EPA database systems and/or contained in one or more of 
the following documents: (1) Documents related to the export of 
Resource Conservation and Recovery Act (RCRA) hazardous waste, during 
calendar year 2016 or before, under 40 CFR part 262, subparts E and H, 
including but not limited to the ``notification of intent to export,'' 
\4\ ``manifests,'' \5\ ``annual reports,'' \6\ ``EPA acknowledgements 
of consent,'' \7\ ``any subsequent communication withdrawing a prior 
consent or

[[Page 6508]]

objection,'' \8\ ``responses that neither consent nor object,'' 
``exception reports,'' \9\ ``transit notifications,'' \10\ and 
``renotifications''; \11\ (2) documents related to the import of 
hazardous waste, during calendar year 2016 or before, under 40 CFR part 
262, subparts F and H, including but not limited to notifications of 
intent to import hazardous waste into the U.S. from foreign countries; 
(3) documents related to the transit of hazardous waste, during 
calendar year 2016 or before, under 40 CFR part 262, subpart H, 
including notifications from U.S. exporters of intent to transit 
through foreign countries, or notifications from foreign countries of 
intent to transit through the U.S.; (4) documents related to the export 
of cathode ray tubes (CRTs), during calendar year 2016 or before, under 
40 CFR part 261, subpart E, including but not limited to notifications 
of intent to export CRTs; (5) documents related to the export of non-
crushed spent lead acid batteries (SLABs) with intact casings, during 
calendar year 2016 or before, under 40 CFR part 266 subpart G, 
including but not limited to notifications of intent to export SLABs; 
(6) submissions from transporters under 40 CFR part 263, or from 
treatment, storage or disposal facilities under 40 CFR parts 264 and 
265, related to exports or imports of hazardous waste which occurred 
during calendar year 2016 or before, including receiving facility 
notices under 40 CFR 264.12(a)(1) and 265.12(a)(1) and import consent 
documentation under 40 CFR 264.71(a)(3) and 265.71(a)(3); and (7) 
documents related to the export and import of RCRA ``universal waste'' 
\12\ under 40 CFR part 273, subparts B, C, D, and F.
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    \1\ The term ``affected business'' is defined at 40 CFR 
2.201(d), and is set forth in this notice, below.
    \2\ The term ``transporter'' is defined at 40 CFR 260.10.
    \3\ The term ``consignee'' is defined, for different purposes, 
at 40 CFR 262.51 and 262.81(c).
    \4\ The term ``notification of intent to export'' is described 
at 40 CFR 262.53.
    \5\ The term ``manifest'' is defined at 40 CFR 260.10.
    \6\ The term ``annual reports'' is described at 40 CFR 262.56.
    \7\ The term ``EPA acknowledgement of consent'' is defined at 40 
CFR 262.51.
    \8\ The requirement to forward to the exporter ``any subsequent 
communication withdrawing a prior consent or objection'' is found at 
42 U.S.C. 6938(e).
    \9\ The term ``exception reports'' is described at 40 CFR 
262.55.
    \10\ The term ``transit notifications'' is described at 40 CFR 
262.53(e).
    \11\ The term ``renotifications'' is described at 40 CFR 
262.53(c).
    \12\ The term ``universal waste'' is defined at 40 CFR 273.9.
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    Certain businesses, however, do not meet the definition of 
``affected business,'' and are not covered by today's notice. They 
consist of any business that actually submitted information responsive 
to a FOIA request, under the authority of 40 CFR parts 260 through 266 
and 268, and did not assert a claim of business confidentiality 
covering any of that information at the time of submission. As set 
forth in the RCRA regulations at 40 CFR 260.2(b), ``if no such 
[business confidentiality] claim accompanies the information when it is 
received by EPA, it may be made available to the public without further 
notice to the person submitting it.'' Thus, for purposes of this notice 
and as a general matter under 40 CFR 260.2(b), a business that 
submitted to EPA the documents at issue, pursuant to applicable 
regulatory requirements, and that failed to assert a claim as to 
information that pertains to it at the time of submission, cannot later 
make a business confidentiality claim.\13\ Nevertheless, other 
businesses identified or referenced in the same documents that were 
submitted to EPA by the submitting business may have a right to assert 
a CBI claim concerning information that pertains to them and may do so 
in response to this notice.
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    \13\ However, businesses having submitted information to EPA 
relating to the export and import of RCRA universal waste are not 
subject to 40 CFR 260.2(b) since they submitted information in 
accordance with 40 CFR part 273, and not parts 260 through 266 and 
268, as set forth in 40 CFR 260.2(b). They are therefore affected 
businesses that could make a claim of CBI at the time of submission 
or in response to this notice.
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    In addition, EPA may develop its own documents and organize into 
its database systems information that was originally contained in 
documents from submitting businesses relating to exports and imports of 
hazardous waste. If a submitting business fails to assert a CBI claim 
for the documents it submits to EPA at the time of submission, not only 
does it waive its right to claim CBI for those documents, but it also 
waives its right to claim CBI for information in EPA's documents or 
databases that is based on or derived from the documents that were 
originally submitted by that business.\14\
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    \14\ With the exception, noted above, of the submission of 
information relating to the export and import of RCRA universal 
waste.
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    In accordance with 40 CFR 2.204(c) and (e), this notice inquires 
whether any affected business asserts a claim that any of the requested 
information constitutes CBI, and affords such business an opportunity 
to comment to EPA on the issue. This notice also informs affected 
businesses that, if a claim is made, EPA would determine under 40 CFR 
part 2, subpart B, whether any of the requested information is entitled 
to business confidential treatment.

1. Affected Businesses

    EPA's FOIA regulations at 40 CFR 2.204(c)(1) require an EPA office 
that is responsible for responding to a FOIA request for the release of 
business information (``EPA office'') to determine which businesses, if 
any, are affected businesses. ``Affected business'' is defined at 40 
CFR 2.201(d) as: With reference to an item of business information, a 
business which has asserted (and not waived or withdrawn) a business 
confidentiality claim covering the information, or a business which 
could be expected to make such a claim if it were aware that disclosure 
of the information to the public was proposed.

2. The Purposes of This Notice

    This notice encompasses two distinct steps in the process of 
communication with affected businesses prior to EPA's making a final 
determination concerning the business confidentiality of the 
information at issue: the preliminary inquiry and the notice of 
opportunity to comment.
a. Inquiry To Learn Whether Affected Businesses (Other Than Those 
Businesses That Previously Asserted a CBI Claim) Assert Claims Covering 
Any of the Requested Information
    Section 2.204(c)(2)(i) provides, in relevant part: If the 
examination conducted under paragraph (c)(1) of Sec.  2.204 discloses 
the existence of any business which, although it has not asserted a 
claim, might be expected to assert a claim if it knew EPA proposed to 
disclose the information, the EPA office shall contact a responsible 
official of each such business to learn whether the business asserts a 
claim covering the information.
b. Notice of Opportunity To Submit Comments
    Sections 2.204(d)(1)(i) and 2.204(e)(1) of Title 40 of the Code of 
Federal Regulations require that written notice be provided to 
businesses that have made claims of business confidentiality for any of 
the information at issue, stating that EPA is determining under 40 CFR 
part 2, subpart B, whether the information is entitled to business 
confidential treatment, and affording each business an opportunity to 
comment as to the reasons why it believes that the information deserves 
business confidential treatment.

3. The Use of Publication in the Federal Register

    Section 2.204(e)(1) of Title 40 of the Code of Federal Regulations 
requires that this type of notice be furnished by certified mail 
(return receipt requested), by personal delivery, or by other means 
which allows verification of the fact and date of receipt. EPA, 
however, has determined that in the present circumstances the use of a 
Federal Register notice is a practical and efficient way to contact 
affected

[[Page 6509]]

businesses and to furnish the notice of opportunity to submit comments. 
The Agency's decision to follow this course was made in recognition of 
the administrative difficulty and impracticality of directly contacting 
potentially thousands of individual businesses.

4. Submission of Your Response in the English Language

    All responses to this notice must be in the English language.

5. The Effect of Failure To Respond to This Notice

    In accordance with 40 CFR 2.204(e)(1) and 2.205(d)(1), EPA will 
construe your failure to furnish timely comments in response to this 
notice as a waiver of your business's claim(s) of business 
confidentiality for any information in the types of documents 
identified in this notice.

6. What To Include in Your Comments

    If you believe that any of the information contained in the types 
of documents which are described in this notice and which are 
currently, or may become, subject to FOIA requests, is entitled to 
business confidential treatment, please specify which portions of the 
information you consider business confidential. Information not 
specifically identified as subject to a business confidentiality claim 
may be disclosed to the requestor without further notice to you.
    For each item or class of information that you identify as being 
subject to your claim, please answer the following questions, giving as 
much detail as possible:
    1. For what period of time do you request that the information be 
maintained as business confidential, e.g., until a certain date, until 
the occurrence of a specified event, or permanently? If the occurrence 
of a specific event will eliminate the need for business 
confidentiality, please specify that event.
    2. Information submitted to EPA becomes stale over time. Why should 
the information you claim as business confidential be protected for the 
time period specified in your answer to question no. 1?
    3. What measures have you taken to protect the information claimed 
as business confidential? Have you disclosed the information to anyone 
other than a governmental body or someone who is bound by an agreement 
not to disclose the information further? If so, why should the 
information still be considered business confidential?
    4. Is the information contained in any publicly available material 
such as the Internet, publicly available data bases, promotional 
publications, annual reports, or articles? Is there any means by which 
a member of the public could obtain access to the information? Is the 
information of a kind that you would customarily not release to the 
public?
    5. Has any governmental body made a determination as to the 
business confidentiality of the information? If so, please attach a 
copy of the determination.
    6. For each category of information claimed as business 
confidential, explain with specificity why and how release of the 
information is likely to cause substantial harm to your competitive 
position. Explain the specific nature of those harmful effects, why 
they should be viewed as substantial, and the causal relationship 
between disclosure and such harmful effects. How could your competitors 
make use of this information to your detriment?
    7. Do you assert that the information is submitted on a voluntary 
or a mandatory basis? Please explain the reason for your assertion. If 
the business asserts that the information is voluntarily submitted 
information, please explain whether and why disclosure of the 
information would tend to lessen the availability to EPA of similar 
information in the future.
    8. Any other issue you deem relevant.
    Please note that you bear the burden of substantiating your 
business confidentiality claim. Conclusory allegations will be given 
little or no weight in the determination. If you wish to claim any of 
the information in your response as business confidential, you must 
mark the response ``BUSINESS CONFIDENTIAL'' or with a similar 
designation, and must bracket all text so claimed. Information so 
designated will be disclosed by EPA only to the extent allowed by, and 
by means of, the procedures set forth in, 40 CFR part 2, subpart B. If 
you fail to claim the information as business confidential, it may be 
made available to the requestor without further notice to you.

III. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or email. Please submit this information by 
mail to the address identified in the ADDRESSES section of today's 
notice for inclusion in the non-public CBI docket. Clearly mark the 
part or all of the information that you claim to be CBI. For CBI 
information in a disk or CD ROM that you mail to EPA, mark the outside 
of the disk or CD ROM as CBI and then identify electronically within 
the disk or CD ROM the specific information that is claimed as CBI. 
Information so marked will not be disclosed except in accordance with 
the procedures set forth in 40 CFR part 2, subpart B. In addition to 
the submission of one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the notice by docket number and other identifying 
information (subject heading, Federal Register date and page number).
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Make sure to submit your comments by the comment period 
deadline identified.

    Dated: January 4, 2017.
Robert Tomiak,
Director, Office of Federal Activities.
[FR Doc. 2017-01101 Filed 1-18-17; 8:45 am]
 BILLING CODE 6560-50-P

6506 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices

notes ‘‘In granting California the authorization. Therefore, I cannot find Dated: January 11, 2017.
authorization for the original CHC that CARB’s Within-the-Scope Gina McCarthy,
regulation, EPA stated that ‘no party Amendments raise new issues and Administrator.
objected to CARB’s demonstration that consequently cannot deny CARB’s [FR Doc. 2017–01261 Filed 1–18–17; 8:45 am]
[compliance] technologies are in request based on this criterion. BILLING CODE 6560–50–P
existence and are being used in actual
operation,’ and also found no issue of III. Decision
incompatibility between California and ENVIRONMENTAL PROTECTION
After evaluating California’s CHC
federal test procedures.’’ 41 CARB also AGENCY
Amendments and CARB’s submissions
notes that the CHC Amendments now
provide owners or operators the for EPA review as described above, I am
[EPA–HQ–OECA–2016–0745; FRL–9958–
additional compliance flexibility option taking the following actions. First, I am 54–OECA]
of using CARB or EPA Tier 2 or higher granting an authorization for the Full
tier certified off-road CI engines to meet Authorization Amendments. Second, I Inquiry To Learn Whether Businesses
the requirements for auxiliary or confirm that the Within-the-Scope Assert Business Confidentiality Claims
propulsion engines, so owners or Amendments are within-the scope of Regarding Waste Import and Export
operators may also elect to comply with EPA’s previous authorization.
AGENCY: Environmental Protection
the amended in-use requirements by This decision will affect not only Agency (EPA).
replacing an in-use engine with a new persons in California, but also
off-road engine, or by demonstrating ACTION: Notice; request for comment.
manufacturers and/or owners/operators
that an existing in-use engine meets nationwide who must comply with SUMMARY: The Environmental Protection
CARB or EPA Tier 2 or Tier 3 off-road California’s requirements. In addition, Agency (EPA) receives from time to time
CI engines standards (e.g., through because other states may adopt Freedom of Information Act (FOIA)
utilization of engine rebuild kits or California’s standards for which a requests for documentation received or
aftertreatment technologies). section 209(e)(2)(A) authorization has issued by EPA or data contained in EPA
CARB maintains that the Within-the-
been granted if certain criteria are met, database systems pertaining to the
Scope Amendments present no issue
this decision would also affect those export and import of Resource
regarding technical feasibility or
states and those persons in such states. Conservation and Recovery Act (RCRA)
inconsistent test procedures as the
amendments only maintain or relax the See CAA section 209(e)(2)(B). For these hazardous waste from/to the United
stringency of the original CHC reasons, EPA determines and finds that States, the export of cathode ray tubes
regulation’s in-use requirements. this is a final action of national (CRTs) and spent lead acid batteries
EPA did not receive any comments applicability, and also a final action of (SLABs) from the United States, and the
suggesting that California’s commercial nationwide scope or effect for purposes export and import of RCRA universal
harbor craft regulations are of section 307(b)(1) of the Act. Pursuant waste from/to the United States. These
technologically infeasible. to section 307(b)(1) of the Act, judicial documents and data may identify or
Therefore, based on the record before review of this final action may be sought reference multiple parties, and describe
us, I cannot find that the CHC only in the United States Court of transactions involving the movement of
Amendments are technologically Appeals for the District of Columbia specified materials in which the parties
infeasible or otherwise inconsistent Circuit. Petitions for review must be propose to participate or have
with section 202(a). Therefore, I cannot filed by March 20, 2017. Judicial review participated. The purpose of this notice
deny CARB’s authorization request for is to inform ‘‘affected businesses’’ about
of this final action may not be obtained
the Full Authorization Amendments the documents or data sought by these
in subsequent enforcement proceedings,
and likewise cannot deny the within- types of FOIA requests in order to
pursuant to section 307(b)(2) of the Act.
the-scope request for the Within-the- provide the businesses with the
Scope Amendments based on the IV. Statutory and Executive Order opportunity to assert claims that any of
section 202(a) criterion. Reviews the information sought that pertains to
them is entitled to treatment as
F. New Issues As with past authorization and waiver confidential business information (CBI),
EPA has stated in the past that if decisions, this action is not a rule as and to send comments to EPA
California promulgates amendments defined by Executive Order 12866. supporting their claims for such
that raise new issues affecting Therefore, it is exempt from review by treatment. Certain businesses, however,
previously granted waivers or the Office of Management and Budget as do not meet the definition of ‘‘affected
authorizations, we would not confirm required for rules and regulations by business,’’ and are not covered by
that those amendments are within the Executive Order 12866. today’s notice. They consist of any
scope of previous authorizations.42 I do In addition, this action is not a rule business that actually submitted to EPA
not believe that the Within-the-Scope as defined in the Regulatory Flexibility any document at issue pursuant to
Amendments raise any new issues with applicable RCRA regulatory
Act, 5 U.S.C. 601(2). Therefore, EPA has
respect to our prior granting of the requirements and did not assert a CBI
not prepared a supporting regulatory
authorization. Moreover, EPA did not claim as to information that pertains to
flexibility analysis addressing the
receive any comments that CARB’s CHC that business in connection with the
Amendments raised new issues impact of this action on small business
document at the time of its submission;
mstockstill on DSK3G9T082PROD with NOTICES

affecting the previously granted entities.
they have waived their right to do so at
Further, the Congressional Review a later time. Nevertheless, other
41 Waiver Support Document at 19 (citing EPA’s Act, 5 U.S.C. 801, et seq., as added by businesses identified or referenced in
authorization at 76 FR 77521, 77527 (December 13, the Small Business Regulatory the documents that were submitted to
2011).
42 See, e.g., 78 FR 38970 (June 28, 2013), 75 FR
Enforcement Fairness Act of 1996, does EPA by the submitting business may
8056 (February 23, 2010), and 70 FR 22034 (April not apply because this action is not a have a right to assert a CBI claim
28, 2005). rule for purposes of 5 U.S.C. 804(3). concerning information that pertains to

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Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices 6509

businesses and to furnish the notice of 4. Is the information contained in any you mail to EPA, mark the outside of the
opportunity to submit comments. The publicly available material such as the disk or CD ROM as CBI and then
Agency’s decision to follow this course Internet, publicly available data bases, identify electronically within the disk or
was made in recognition of the promotional publications, annual CD ROM the specific information that is
administrative difficulty and reports, or articles? Is there any means claimed as CBI. Information so marked
impracticality of directly contacting by which a member of the public could will not be disclosed except in
potentially thousands of individual obtain access to the information? Is the accordance with the procedures set
businesses. information of a kind that you would forth in 40 CFR part 2, subpart B. In
customarily not release to the public? addition to the submission of one
4. Submission of Your Response in the 5. Has any governmental body made complete version of the comment that
English Language a determination as to the business includes information claimed as CBI, a
All responses to this notice must be confidentiality of the information? If so, copy of the comment that does not
in the English language. please attach a copy of the contain the information claimed as CBI
determination. must be submitted for inclusion in the
5. The Effect of Failure To Respond to 6. For each category of information public docket.
This Notice claimed as business confidential, 2. Tips for Preparing Your Comments.
In accordance with 40 CFR 2.204(e)(1) explain with specificity why and how When submitting comments, remember
and 2.205(d)(1), EPA will construe your release of the information is likely to to:
failure to furnish timely comments in cause substantial harm to your • Identify the notice by docket
response to this notice as a waiver of competitive position. Explain the number and other identifying
your business’s claim(s) of business specific nature of those harmful effects, information (subject heading, Federal
confidentiality for any information in why they should be viewed as Register date and page number).
the types of documents identified in this substantial, and the causal relationship • Explain your views as clearly as
notice. between disclosure and such harmful possible, avoiding the use of profanity
effects. How could your competitors or personal threats.
6. What To Include in Your Comments make use of this information to your • Describe any assumptions and
If you believe that any of the detriment? provide any technical information and/
information contained in the types of 7. Do you assert that the information or data that you used.
documents which are described in this is submitted on a voluntary or a • Provide specific examples to
notice and which are currently, or may mandatory basis? Please explain the illustrate your concerns, and suggest
become, subject to FOIA requests, is reason for your assertion. If the business alternatives.
entitled to business confidential asserts that the information is • Make sure to submit your
treatment, please specify which portions voluntarily submitted information, comments by the comment period
of the information you consider please explain whether and why deadline identified.
business confidential. Information not disclosure of the information would Dated: January 4, 2017.
specifically identified as subject to a tend to lessen the availability to EPA of
Robert Tomiak,
business confidentiality claim may be similar information in the future.
8. Any other issue you deem relevant. Director, Office of Federal Activities.
disclosed to the requestor without [FR Doc. 2017–01101 Filed 1–18–17; 8:45 am]
Please note that you bear the burden
further notice to you.
of substantiating your business BILLING CODE 6560–50–P
For each item or class of information confidentiality claim. Conclusory
that you identify as being subject to allegations will be given little or no
your claim, please answer the following weight in the determination. If you wish ENVIRONMENTAL PROTECTION
questions, giving as much detail as to claim any of the information in your AGENCY
possible: response as business confidential, you [EPA–OAR–2016–0596; FRL–9958–48–OAR]
1. For what period of time do you must mark the response ‘‘BUSINESS
request that the information be CONFIDENTIAL’’ or with a similar RIN 2060–AT22
maintained as business confidential, designation, and must bracket all text so
e.g., until a certain date, until the Response to December 9, 2013, Clean
claimed. Information so designated will
occurrence of a specified event, or Air Act Section 176A Petition From
be disclosed by EPA only to the extent
permanently? If the occurrence of a Connecticut, Delaware, Maryland,
allowed by, and by means of, the
specific event will eliminate the need Massachusetts, New Hampshire, New
procedures set forth in, 40 CFR part 2,
for business confidentiality, please York, Pennsylvania, Rhode Island and
subpart B. If you fail to claim the
specify that event. Vermont
information as business confidential, it
2. Information submitted to EPA may be made available to the requestor AGENCY: Environmental Protection
becomes stale over time. Why should without further notice to you. Agency (EPA).
the information you claim as business ACTION: Notice of proposed action on
confidential be protected for the time III. What should I consider as I prepare
my comments for EPA? petition.
period specified in your answer to
question no. 1? 1. Submitting CBI. Do not submit this SUMMARY: The Environmental Protection
3. What measures have you taken to information to EPA through http:// Agency (EPA) is proposing to deny the
protect the information claimed as www.regulations.gov or email. Please Clean Air Act (CAA or Act) petition
mstockstill on DSK3G9T082PROD with NOTICES

business confidential? Have you submit this information by mail to the filed on December 9, 2013 (and
disclosed the information to anyone address identified in the ADDRESSES amended on December 17, 2013), by the
other than a governmental body or section of today’s notice for inclusion in states of Connecticut, Delaware,
someone who is bound by an agreement the non-public CBI docket. Clearly mark Maryland, Massachusetts, New
not to disclose the information further? the part or all of the information that Hampshire, New York, Pennsylvania,
If so, why should the information still you claim to be CBI. For CBI Rhode Island and Vermont. The petition
be considered business confidential? information in a disk or CD ROM that requested that the EPA add the states of

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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; request for comment.
Dates		Comments must be received on or before February 21, 2017. The period for submission of comments may be extended if, before the comments are due, you make a request for an extension of the comment period and it is approved by the EPA legal office. Except in extraordinary circumstances, the EPA legal office will not approve such an extension without the consent of any person whose request for release of the information under the FOIA is pending.
Contact		Eva Kreisler, International Compliance Assurance Division, Office of Federal Activities, Office of Enforcement and Compliance Assurance, Environmental Protection Agency, Mailcode: 2254A, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone
FR Citation		82 FR 6506