View all text of Subpart M [§ 80.1400 - § 80.1479]
§ 80.1402 - Availability of information; confidentiality of information.
(a) Beginning January 1, 2020, no claim of business confidentiality may be asserted by any person with respect to information submitted to EPA under § 80.1451(c)(2)(ii)(E), whether submitted electronically or in paper format.
(b) The following information contained in EPA determinations that RINs are invalid under § 80.1474(b)(4)(i)(C)(2) and (b)(4)(ii)(C)(2), notices of violation, settlement agreements, administrative complaints, civil complaints, criminal information, and criminal indictments arising under this subpart is not entitled to confidential treatment and the provisions of 40 CFR 2.201 through 2.215 and 2.301 do not apply:
(1) The company name.
(2) The name and location of the facility at which the fuel associated with the RINs in question was allegedly produced or imported.
(3) The EPA-issued company or facility identification number of the party that produced the fuel or generated the RINs in question.
(4) The total quantity of fuel and RINs in question.
(5) The time period when the fuel was allegedly produced.
(6) The time period when the RINs in question were generated.
(7) The batch number(s) and the D code(s) of the RINs in question.
(8) Information relating to the generation, transfer, or use of RINs.
(9) The shortfall in RINs related to an obligated party's failure to meet its renewable volume obligation.
(10) Any other information relevant to describing the violation.
(c) The following information contained in submissions under this subpart is not entitled to confidential treatment and the provisions of 40 CFR 2.201 through 2.215 and 2.301 do not apply:
(1) Submitter's name.
(2) The name and location of the facility, if applicable.
(3) The date the submission was transmitted to EPA.
(4) Any EPA-issued company or facility identification numbers associated with the submission.
(5) The purpose of the submission.
(6) The relevant time period for the submission, if applicable.
(d) The following information incorporated into EPA determinations on submissions under this subpart is not entitled to confidential treatment and the provisions of 40 CFR 2.201 through 2.215 and 2.301 do not apply:
(1) Submitter's name.
(2) The name and location of the facility, if applicable.
(3) The date the submission was transmitted to EPA.
(4) Any EPA-issued company or facility identification numbers associated with the submission.
(5) The purpose of the submission.
(6) The relevant time period of the submission, if applicable.
(7) The extent to which EPA granted or denied the request and any relevant terms and conditions.
(e) Except as otherwise specified in this section, any information submitted under this part claimed as confidential remains subject to evaluation by EPA under 40 CFR part 2, subpart B.
(f) EPA may disclose the information specified in paragraphs (a) through (d) of this section on its website, or otherwise make it available to interested parties, without additional notice or process, regardless of any claims that the information is entitled to confidential treatment under 40 CFR part 2, subpart B.