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, 46805-46806 [2017-21615]
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asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices
support efforts to protect, mitigate, and
enhance fish and wildlife affected by
the development and operation of the
Federal Columbia River Power System
in the mainstem Columbia River and its
tributaries, including the Klickitat River,
under the Pacific Northwest Electric
Power Planning and Conservation Act of
1980 (Act) (16 U.S.C. 839b(h)(10)).
Under the Act, BPA funds fish and
wildlife protection, mitigation, and
enhancement actions consistent with
the Northwest Power and Conservation
Council’s (Council) Fish and Wildlife
Program. Under this program, the
Council makes recommendations to
BPA concerning which fish and wildlife
projects to fund. The Klickitat Hatchery
upgrades are being reviewed by the
Council for recommendation to BPA for
funding.
In addition, on May 2, 2008, BPA, the
Bureau of Reclamation, and the U.S.
Army Corps of Engineers signed the
2008 Columbia Basin Fish Accords
Memorandum of Agreement with the
Three Treaty Tribes: The Confederated
Tribes and Bands of the Yakama Nation,
the Confederated Tribes of the Umatilla
Indian Reservation, and the
Confederated Tribes of Warm Springs
Reservation. The agreement includes
funding for this hatchery project, subject
to compliance with NEPA and other
environmental review requirements.
The proposal is also consistent with
the policy direction in BPA’s Fish and
Wildlife Implementation Plan EIS,
which calls for protecting weak stocks
while sustaining overall populations of
fish for their economic and cultural
value, including long-term harvest
opportunities.
Upgrades at the existing hatchery
would include rehabilitating existing
water intakes at Upper and Lower
Indian Ford Springs, updating and
rerouting water supply and discharge
piping, refurbishing a pump station at
an existing surface water intake in the
Klickitat River, demolishing the existing
pollution abatement pond and
converting an existing fall Chinook
rearing pond to a pollution abatement
pond, replacing the existing adult
holding and spawning building, adding
circular rearing tanks, building a
chemical storage shed, and renovating
the existing hatchery building to
improve usable space, security, and
operations monitoring systems. The
total disturbed area would be
approximately 16 acres. In addition,
BPA might also fund construction of
two staff residences.
Upgrades would improve rearing
conditions for spring Chinook, would
provide the capacity to increase
production from 600,000 spring
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18:40 Oct 05, 2017
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Chinook smolts to 800,000 smolts, and
would help the spring Chinook program
transition from using only hatcheryraised fish for broodstock (a
‘‘segregated’’ or ‘‘isolated’’ program) to a
program that incorporates natural-origin
fish in the broodstock (an ‘‘integrated’’
program). Currently, natural-origin
spring Chinook from the Klickitat basin
have higher survival rates than hatchery
fish. Incorporating natural-origin fish
into the broodstock is expected to
increase the fitness, productivity,
survival, and harvest of this species.
Upgrades to the water system would
increase the operational flexibility of the
facility. Adding river water to the water
supply would allow operators to release
smolts later in the spring when
conditions in the Columbia River are
more favorable to smolts migrating to
the ocean. The water system upgrades
also would reduce long-term
maintenance and improve the quality of
the hatchery effluent. Energy efficiency
measures would be incorporated as
possible into facility upgrade designs.
BPA is not proposing to fund fish
production or to take over any Mitchell
Act funding for the hatchery.
BPA will be the lead agency for
preparation of the EIS. Cooperating
agencies in addition to NMFS may be
identified as the proposed project
proceeds through the NEPA process.
Alternatives Proposed for
Consideration. In the EIS, BPA is
currently considering two alternatives:
To fund proposed upgrades that would
improve hatchery facilities, would allow
the transition to an integrated program,
and would provide additional capacity
for spring Chinook smolt production to
increase from 600,000 to 800,000; and a
no action alternative of not funding the
proposal. Other reasonable alternatives
identified during the scoping process
may also be evaluated in the EIS.
Public Participation and
Identification of Environmental Issues.
The potential environmental issues
identified so far for this project include
effects of construction activity on water
quality, Endangered Species Act (ESA)listed fish, and rare and sensitive plants
and wildlife; and the operational effects
of changes to the water supply and
discharge system on water quality. The
effects of changes to the spring Chinook
program that could be facilitated by the
upgrades will also be evaluated,
including the risk of competition
between increasing numbers of
naturally spawning spring Chinook and
ESA-listed fish such as bull trout and
steelhead; the effects of additional
activities and facilities required to
monitor a changed hatchery program;
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46805
and the effects of increases in harvest
opportunities.
BPA has established an extended
seven-week scoping period during
which concerned members of the
public, interest groups, state and local
governments, and any other interested
parties are invited to comment on the
scope of the proposed EIS. Scoping will
help BPA ensure that a full range of
issues related to this proposal are
addressed in the EIS and will help to
identify significant or potentially
significant impacts that may result from
the proposed project.
When completed, the Draft EIS will be
circulated for review and comment, and
BPA will hold at least one public
comment meeting to solicit comments
on the Draft EIS. BPA will consider and
respond in the Final EIS to comments
received on the Draft EIS. BPA’s
subsequent decision will be
documented in a Record of Decision.
Issued in Portland, Oregon, on September
28, 2017.
Elliot E. Mainzer,
Administrator and Chief Executive Officer.
[FR Doc. 2017–21575 Filed 10–5–17; 8:45 am]
BILLING CODE 6450–01–P
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
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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–
SUMMARY:
E:\FR\FM\06OCN1.SGM
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46806
Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices
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–
NAICS 1 codes
Category
Industry
Industry
Industry
Industry
Industry
Industry
Industry
Industry
1
2
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
324110
325193
325199
424690
424710
424720
221210
454319
2911
2869
2869
5169
5171
5172
4925
5989
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:
Examples of potentially affected entities
Petroleum Refineries.
Ethyl alcohol manufacturing.
Other basic organic chemical manufacturing.
Chemical and allied products merchant wholesalers.
Petroleum bulk stations and terminals.
Petroleum and petroleum products merchant wholesalers.
Manufactured gas production and distribution.
Other fuel dealers.
North American Industry Classification System (NAICS).
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
asabaliauskas on DSKBBXCHB2PROD with NOTICES
SIC 2 codes
6272; fax number: 303–312–6003; email
address: kryman.matthew@epa.gov.
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
VerDate Sep<11>2014
18:40 Oct 05, 2017
Jkt 244001
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
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
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
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2060–0275; FRL–9968–96–
OAR]
Proposed Information Collection
Request; Comment Request;
Regulation of Fuels and Fuel
Additives: Detergent Gasoline
(Renewal)
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Environmental Protection
Agency is planning to submit an
information collection request (ICR),
‘‘Regulation of Fuels and Fuel
Additives: Detergent Gasoline
(Renewal)’’ (EPA ICR No. 1655.09, OMB
Control No. 2060–0275) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
SUMMARY:
E:\FR\FM\06OCN1.SGM
06OCN1
]]>Agencies
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46805-46806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: kryman.matthew@epa.gov.
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
