Change to the Reporting Date for Certain Data Elements Required Under the Mandatory Reporting of Greenhouse Gases Rule, 53057-53071 [2011-21727]
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Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations
d. The total aggregate lithium content
must not exceed 2 g per battery.
e. The batteries installed in the
equipment must be protected from
damage and short circuit.
f. The equipment must be equipped
with an effective means of preventing it
from being turned on or activated.
g. The equipment must be cushioned
to prevent movement or damage and be
contained in a strong enough sealed
package to prevent crushing of the
package or exposure of the contents
during normal handling in the mail.
135.63 Secondary Lithium-ion
(Rechargeable) Cells and Batteries.
Small consumer-type lithium-ion
cells and batteries like those used to
power cell phones and laptop
computers are mailable in a single
shipment with the following
restrictions:
a. The batteries must be installed in
the equipment being shipped.
b. Each shipment may contain a
maximum of four lithium-ion cells or
two lithium-ion batteries.
c. The lithium content must not
exceed 20 Watt-hour rating (Wh) per
cell.
d. The total aggregate lithium content
must not exceed 100 Wh per battery.
e. Each battery must bear the ‘‘Watthour’’ or ‘‘Wh’’ marking on the battery
to determine if it is within the limits
defined in items c and d.
f. The batteries installed in the
equipment must be protected from
damage and short circuit.
g. The equipment must be equipped
with an effective means of preventing it
from being turned on or activated.
h. The equipment must be cushioned
to prevent movement or damage and be
contained in a strong enough sealed
package to prevent crushing of the
package or exposure of the contents
during normal handling in the mail.
*
*
*
*
*
We will publish an amendment to 39
CFR Part 20 to reflect these changes.
Act (NEPA) compliance procedures to
update an obsolete statutory reference.
DATES: Effective Date: August 25, 2011.
ADDRESSES: Written communications
should be directed to: Environmental
Counsel, U.S. Postal Service, 4200 Wake
Forest Rd., Raleigh, NC 27668–9000.
FOR FURTHER INFORMATION CONTACT: Gary
W. Bigelow, Senior Litigation Counsel,
Environmental Law, (919) 501–9439.
SUPPLEMENTARY INFORMATION:
Amendment of 39 CFR 775.6(b)(15) is
necessary to update a reference to the
statutory provision dealing with the
administrative procedures for the
closing or consolidation of post offices.
Formerly, that provision was codified at
39 U.S.C. 404(b), but under section
1010(e) of Public Law 109–435, 120
Stat. 3261, was redesignated as 39
U.S.C. 404(d). This rule updates the
reference in § 775.6.
List of Subjects in 39 CFR Part 775
Environmental impact statements.
For the reasons set forth above, the
Postal Service amends 39 CFR Part 775
as follows:
PART 775—NATIONAL
ENVIRONMENTAL POLICY ACT
PROCEDURES
1. The authority citation for 39 CFR
Part 775 continues to read as follows:
■
Authority: 39 U.S.C. 401; 42 U.S.C. 4321 et
seq.; 40 CFR 1500.4.
§ 775.6
[Amended]
2. In § 775.6(b)(15), remove ‘‘404(b)’’
and insert ‘‘404(d)’’ in its place.
■
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2011–21698 Filed 8–24–11; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 98
Stanley F. Mires,
Chief Counsel, Legislative.
[EPA–HQ–OAR–2010–0929; FRL–9456–3]
[FR Doc. 2011–21443 Filed 8–24–11; 8:45 am]
RIN 2060–AQ80
BILLING CODE 7710–12–P
Change to the Reporting Date for
Certain Data Elements Required Under
the Mandatory Reporting of
Greenhouse Gases Rule
POSTAL SERVICE
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39 CFR Part 775
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
National Environmental Policy Act
Procedures
Postal Service.
Final rule.
AGENCY:
ACTION:
This rule amends the Postal
Service’s National Environmental Policy
SUMMARY:
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EPA is deferring the reporting
deadline for data elements that are used
by direct emitter reporters as inputs to
emission equations under the
SUMMARY:
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53057
Mandatory Greenhouse Gas Reporting
Rule. The deadline for reporting some of
these data elements is deferred to March
31, 2013 and the deadline for reporting
others is deferred to March 31, 2015.
This final rule does not change any
other requirements of the Mandatory
Greenhouse Gas Reporting Rule.
DATES: This final rule is effective on
September 9, 2011.
ADDRESSES: EPA has established a
docket under Docket ID No. EPA–HQ–
OAR–2010–0929 for this action. All
documents in the docket are listed in
the https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at EPA’s Docket Center, Public
Reading Room, EPA West Building,
Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. This Docket
Facility 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 Air Docket is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT:
Carole Cook, Climate Change Division,
Office of Atmospheric Programs (MC–
6207J), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone
number: (202) 343–9263; fax number:
(202) 343–2342; e-mail address:
GHGReportingRule@epa.gov. For
technical information and
implementation materials, please go to
the Greenhouse Gas Reporting Program
Web site https://www.epa.gov/
climatechange/emissions/
ghgrulemaking.html. To submit a
question, select Rule Help Center,
followed by Contact Us.
Worldwide Web (WWW). In addition
to being available in the docket, an
electronic copy of this rule will also be
available through the WWW. Following
the Administrator’s signature, a copy of
this action will be posted on EPA’s
Greenhouse Gas Reporting Program Web
site at https://www.epa.gov/
climatechange/emissions/
ghgrulemaking.html.
SUPPLEMENTARY INFORMATION: Regulated
Entities. The Administrator determined
that this action is subject to the
provisions of Clean Air Act (CAA)
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Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations
section 307(d). See CAA section
307(d)(1)(V) (the provisions of section
307(d) apply to ‘‘such other actions as
the Administrator may determine’’).
These are final amendments to existing
regulations. Entities affected by this
final rule are owners or operators of
facilities that are direct emitters of
greenhouse gases (GHGs) and are
required to report under the Mandatory
GHG Reporting Rule (40 CFR part 98),
which include those listed in Table 1 of
this preamble:
TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY
Category
General Stationary
Sources.
Fuel
NAICS
Combustion
Electricity Generation ...............................
321
322
325
324
316, 326, 339
331
332
336
221
622
611
325193
311611
311411
311421
221112
Adipic Acid Production .............................
Aluminum Production ...............................
Ammonia Manufacturing ...........................
Cement Production ...................................
Electronics Manufacturing ........................
325199
331312
325311
327310
334111
334413
334419
Ferroalloy Production ...............................
Fluorinated GHG Production ....................
Glass Production ......................................
331112
325120
327211
327213
327212
325120
HCFC–22 Production and HFC–23 Destruction.
Hydrogen Production ................................
Iron and Steel Production .........................
325120
331111
Municipal Solid Waste Landfills ................
Nitric Acid Production ...............................
Petrochemical Production .........................
Petroleum and Natural Gas Systems .......
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Petroleum Refineries ................................
Phosphoric Acid Production .....................
Pulp and Paper Manufacturing .................
Silicon Carbide Production .......................
Soda Ash Manufacturing ..........................
Sulfur Hexafluoride (SF6) from Electrical
Equipment.
Titanium Dioxide Production ....................
Underground Coal Mines .........................
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Hydrogen production facilities.
Integrated iron and steel mills, steel companies, sinter plants, blast furnaces, basic
oxygen process furnace shops.
Primary lead smelting and refining facilities.
Secondary lead smelting and refining facilities.
Calcium oxide, calcium hydroxide, dolomitic hydrates manufacturing facilities.
Primary lead smelting and refining facilities.
Secondary lead smelting and refining facilities.
Solid waste landfills.
Sewage treatment facilities.
Nitric acid production facilities.
Ethylene dichloride production facilities.
Acrylonitrile, ethylene oxide, methanol production facilities.
Ethylene production facilities.
Carbon black production facilities.
Pipeline transportation of natural gas.
Natural gas distribution facilities.
Extractors of crude petroleum and natural gas.
Natural gas liquid extraction facilities.
Petroleum refineries.
Phosphoric acid manufacturing facilities.
Pulp mills.
Paper mills.
Paperboard mills.
Silicon carbide abrasives manufacturing facilities.
Alkalies and chlorine manufacturing facilities.
Soda ash, natural, mining and/or beneficiation.
Electric bulk power transmission and control facilities.
325188
212113
212112
Lime Production ........................................
Magnesium Production .............................
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Facilities operating boilers, process heaters, incinerators, turbines, and internal
combustion engines.
Manufacturers of lumber and wood products.
Pulp and paper mills.
Chemical manufacturers.
Petroleum refineries and manufacturers of coal products.
Manufacturers of rubber and miscellaneous plastic products.
Steel works, blast furnaces.
Electroplating, plating, polishing, anodizing, and coloring.
Manufacturers of motor vehicle parts and accessories.
Electric, gas, and sanitary services.
Health services.
Educational services.
Ethyl alcohol manufacturing facilities.
Meat processing facilities.
Frozen fruit, juice, and vegetable manufacturing facilities.
Fruit and vegetable canning facilities.
Fossil-fuel fired electric generating units, including units owned by Federal and
municipal governments and units located in Indian Country.
Adipic acid manufacturing facilities.
Primary aluminum production facilities.
Anhydrous and aqueous ammonia production facilities.
Portland Cement manufacturing plants.
Microcomputers manufacturing facilities.
Semiconductor, photovoltaic (solid state) device manufacturing facilities.
LCD unit screens manufacturing facilities.
MEMS manufacturing facilities.
Ferroalloys manufacturing facilities.
Industrial gases manufacturing facilities.
Flat glass manufacturing facilities.
Glass container manufacturing facilities.
Other pressed and blown glass and glassware manufacturing facilities.
Chlorodifluoromethane manufacturing facilities.
331419
331492
327410
331419
331492
562212
221320
325311
32511
325199
325110
325182
486210
221210
211
211112
324110
325312
322110
322121
322130
327910
325181
212391
221121
Lead Production .......................................
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Examples of affected facilities
Titanium dioxide manufacturing facilities.
Underground anthracite coal mining operations.
Underground bituminous coal mining operations.
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Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations
53059
TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY—Continued
Category
NAICS
Zinc Production .........................................
331419
331492
Industrial Landfills .....................................
562212
221320
322110
322121
322122
322130
311611
311411
311421
322110
322121
322122
322130
311611
311411
311421
325193
211
Wastewater Treatment .............................
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CO2 Enhanced Recovery Projects ...........
Geologic Sequestration Sites ...................
Table 1 of this preamble is not
intended to be exhaustive, but rather
provides a guide for readers regarding
facilities and suppliers likely to be
affected by this action. Table 1 of this
preamble lists types of facilities that
may be affected by the reporting
requirements. Other types of facilities
and suppliers than those listed in the
table may also be subject to reporting
requirements. To determine whether
you are affected by this action, you
should carefully examine the
applicability criteria found in 40 CFR
part 98, subpart A or the relevant
criteria in the subparts. If you have
questions regarding the applicability of
this action to a particular facility or
supplier, consult the person listed in the
preceding FOR FURTHER GENERAL
INFORMATION CONTACT section.
What is the effective date? EPA is
making this final rule effective on
September 9, 2011. Section 553(d) of the
Administrative Procedure Act (APA), 5
U.S.C. Chapter 5, generally provides
that rules may not take effect earlier
than 30 days after they are published in
the Federal Register. EPA is issuing this
final rule under CAA section 307(d)(1),
which states: ‘‘The provisions of section
553 through 557 * * * of Title 5 shall
not, except as expressly provided in this
section, apply to actions to which this
subsection applies.’’ Thus, section
553(d) of the APA does not apply to this
rule. EPA is nevertheless acting
consistently with APA section 553(d) in
making this rule effective on September
9, 2011.
APA section 553(d)(1) provides an
exception to the 30-day publication
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Examples of affected facilities
Primary zinc refining facilities.
Zinc dust reclaiming facilities, recovering from scrap and/or alloying purchased
metals.
Solid waste landfills.
Sewage treatment facilities.
Pulp mills.
Paper mills.
Newsprint mills.
Paperboard mills.
Meat processing facilities.
Frozen fruit, juice and vegetable manufacturing facilities.
Fruit and vegetable canning facilities.
Pulp mills.
Paper mills.
Newsprint mills.
Paperboard mills.
Meat processing facilities.
Frozen fruit, juice and vegetable manufacturing facilities.
Fruit and vegetable canning facilities.
Ethanol manufacturing facilities.
Oil and Gas Extraction Projects using CO2 Enhanced Recovery.
CO2 Geologic sequestration projects.
requirement for any rule that grants or
recognizes an exemption or relieves a
restriction. This final rule provides
relief to the current requirement to
report inputs to emission equations by
September 30, 2011 for 34 subparts of
40 CFR part 98 or March 31, 2012 for
eight subparts of 40 CFR part 98 by
deferring these deadlines to either
March 31, 2013 or March 31, 2015,
depending on the data elements.
Because this action defers the regulatory
deadline for a reporting requirement, a
shorter effective date is consistent with
this exception. Further, the purpose of
the 30-day waiting period prescribed in
APA section 553(d) is to give affected
parties a reasonable time period to
adjust their behavior and prepare before
the final rule takes effect. Because this
final rule defers a reporting deadline, it
requires little preparation or behavior
adjustment. Where, as here, the final
rule will be signed and made available
on the EPA Web site more than 15 days
before the effective date, that purpose is
still met.
Accordingly, EPA finds it appropriate,
consistent with APA section 553(d)(1),
to make this rule effective on September
9, 2011, even though this results in an
effective date fewer than 30 days from
the date of publication in the Federal
Register.
Judicial Review. Under section
307(b)(1) of the CAA, judicial review of
this final rule is available only by filing
a petition for review in the U.S. Court
of Appeals for the District of Columbia
Circuit (the Court) by October 24, 2011.
Under CAA section 307(d)(7)(B), only
an objection to this final rule that was
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raised with reasonable specificity
during the period for public comment
can be raised during judicial review.
CAA section 307(d)(7)(B) also provides
a mechanism for EPA to convene a
proceeding for reconsideration, ‘‘[i]f the
person raising an objection can
demonstrate to EPA that it was
impracticable to raise such objection
within [the period for public comment]
or if the grounds for such objection
arose after the period for public
comment (but within the time specified
for judicial review) and if such objection
is of central relevance to the outcome of
the rule.’’ Any person seeking to make
such a demonstration to us should
submit a Petition for Reconsideration to
the Office of the Administrator,
Environmental Protection Agency,
Room 3000, Ariel Rios Building, 1200
Pennsylvania Ave., NW., Washington,
DC 20460, with a copy to the person
listed in the preceding FOR FURTHER
GENERAL INFORMATION CONTACT section,
and the Associate General Counsel for
the Air and Radiation Law Office, Office
of General Counsel (Mail Code 2344A),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20004. Note, under CAA section
307(b)(2), the requirements established
by this final rule may not be challenged
separately in any civil or criminal
proceedings brought by EPA to enforce
these requirements.
Acronyms and Abbreviations. The
following acronyms and abbreviations
are used in this document.
APA Administrative Procedure Act.
CAA Clean Air Act.
CH4 methane.
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Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations
CFR Code of Federal Regulations.
CBI confidential business information.
CO2 carbon dioxide.
EPA U.S. Environmental Protection
Agency.
FTC Federal Trade Commission.
FR Federal Register.
GHG greenhouse gas.
HCFC–22 chlorodifluoromethane.
HFC–23 trifluoromethane (or CHF3).
ICR Information Collection Request.
LCD liquid crystal display.
MEMS microelectricomechanical system.
N2O nitrous oxide.
NAICS North American Industry
Classification System.
NTTAA National Technology Transfer and
Advancement Act of 1995.
OMB Office of Management and Budget.
RFA Regulatory Flexibility Act.
SF6 sulfur hexafluoride.
UMRA Unfunded Mandates Reform Act of
1995.
U.S. United States.
WWW Worldwide Web.
Table of Contents
I. Background
A. How is this preamble organized?
B. Background on This Action
II. Summary of Major Changes Since Proposal
A. Changes to the Date for Reporting Inputs
to Equations
B. Changes to the List of Deferred Data
Elements
III. Response to Significant Comments on the
Proposed Amendments
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
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I. Background
A. How is this preamble organized?
The first section of this preamble
contains basic background information
about the origin of these rule
amendments. The second section of this
preamble summarizes major changes
since proposal, including changes to the
length of the deferral and to the list of
data elements categorized as inputs to
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emission equations. The third section
provides an overview of EPA’s response
to significant comments. Finally, the
fourth section of the preamble discusses
the various statutory and executive
order requirements applicable to this
rulemaking.
B. Background on This Action
On October 30, 2009, EPA published
the Mandatory Greenhouse Gas
Reporting Rule for requiring data
reporting regarding greenhouse gas
emissions from a broad range of
industry sectors (74 FR 56260). Under
40 CFR part 98 and its subsequent
amendments (hereinafter referred to as
‘‘Part 98’’), EPA will require reporting of
data from certain facilities and suppliers
above specified thresholds. The data to
be reported include information on GHG
emissions and GHGs supplied,
including information necessary to
characterize, quantify, and verify the
GHG emissions and GHGs supplied
data. In the preamble to Part 98, we
stated, ‘‘Through a notice and comment
process, we will establish those data
elements that are ‘emissions data’ and
therefore [under CAA section 114(c)]
will not be afforded the protections of
CBI. As part of that exercise, in response
to requests provided in comments, we
may identify classes of information that
are not emissions data, and are CBI’’ (74
FR 56287, October 30, 2009).
On July 7, 2010, EPA proposed
confidentiality determinations for Part
98 data elements and proposed
amending EPA’s regulation for handling
confidential business information to add
specific procedures for the treatment of
Part 98 data (75 FR 39094; hereinafter
referred to as the ‘‘July 7, 2010 CBI
proposal’’). These proposed
amendments to 40 CFR part 2 would
allow EPA to release Part 98 data that
are determined to be emission data or
non-CBI upon finalizing the
confidentiality status of these data. The
amendments also set forth procedures
for treatment of information in Part 98
determined to be CBI. The proposed
procedures are similar to or consistent
with the existing 40 CFR part 2
procedures.
The July 7, 2010 CBI proposal
proposed confidentiality statuses for the
data elements for subparts that were
included in the 2009 final Part 98 rule
(see 74 FR 56260, October 30, 2009);
four subparts finalized in July 2010 (see
75 FR 39736, July 12, 2010); and seven
new subparts that had been proposed
but not yet finalized as of July 2010 (see
75 FR 18576, 75 FR 18608, and 75 FR
18652, April 12, 2010). The July 7, 2010
CBI proposal also covered proposed
changes to the reporting requirements
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for some of the 2009 final Part 98
subparts. These changes were proposed
in two separate rulemakings (see 75 FR
18455, April, 12, 2010; and 75 FR
33950, June 15, 2010).
On August 11, 2010, EPA published a
proposed amendment to Part 98 to
change the description of some reported
data elements and require reporting of
some new data elements (75 FR 48744;
hereinafter referred to as the ‘‘August
11, 2010 revisions proposal’’). EPA
concurrently issued a supplemental CBI
proposal that proposed confidentiality
determinations for the new and revised
data elements included in the August
11, 2010 revisions proposal (75 FR
43889, July 27, 2010; hereinafter
referred to as the ‘‘July 27, 2010
supplemental CBI proposal’’).
As described in detail in the CBI
proposals identified above, EPA
grouped Part 98 data into 22 data
categories (11 direct emitter data
categories and 11 supplier data
categories), with each of the categories
containing data elements that are
similar in type or characteristics. EPA
then proposed confidentiality
determinations for each category, with a
few exceptions that are not relevant to
today’s action. Consistent with EPA’s
long-standing interpretation, EPA
proposed that data elements in the
inputs to emission equations data
category meet the definition of emission
data under 40 CFR 2.301(a)(2)(i) and
therefore, under CAA section 114(c),
could not be held as confidential once
they were reported to EPA.
EPA received numerous public
comments on the July 7, 2010 CBI
proposal and the July 27, 2010
supplemental CBI proposal. EPA
received comments that raised concerns
regarding the public availability of data
in the inputs to emission equations
category. EPA determined that these
concerns warranted an in-depth
evaluation of the potential impact from
the release of inputs to emission
equations, as well as collection and
review of additional information, that
could not be completed before the
March 31, 2011 reporting deadline.
In the proposal to this final
rulemaking (75 FR 81350, December 27,
2010, hereinafter referred to as the
‘‘December 27, 2010 deferral proposal’’),
EPA proposed to defer the reporting of
inputs to equations until March 31,
2014, to afford additional time to
complete this evaluation and take
appropriate final actions regarding
inputs to equations before these data
elements are reported to EPA and
potentially become subject to release.
The deferral proposal concerned only
reporting of inputs to emission
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Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations
equations for direct emitters and did not
affect any other requirements of Part 98.
Concurrent with that notice, EPA
promulgated an interim final rule (75 FR
81338, December 27, 2010) that deferred
the initial March 31, 2011 reporting date
for inputs to emission equations to
August 31, 2011, to give EPA time to
promulgate this deferral through notice
and comment. (See Section III of the
preamble to the interim final rule for a
detailed rationale.)
EPA concurrently published a call for
information, entitled ‘‘Information on
Inputs to Emission Equations under the
Mandatory Reporting of Greenhouse
Gases Rule’’ (75 FR 81366, December 27,
2010; hereinafter referred to as the ‘‘call
for information’’), to collect additional
information to assist EPA with the
evaluation of the data elements being
deferred. In the call for information, we
requested comment on whether each
data element used as an input to an
emission equation for direct emitters
was likely to cause substantial
competitive harm if made publicly
available; whether and where it was
already publicly available; and, if public
availability of a given input was likely
to cause substantial competitive harm,
suggestions of alternate calculation
methodologies and/or verification
approaches.
A later Federal Register notice
extended the deadline for reporting of
all 2010 reporting year data until
September 30, 2011 (76 FR 14812,
March 18, 2011). This included those
data whose reporting deadline had
previously been deferred until August
31, 2011, in the interim final rule.
Based on the July 7, 2010 CBI
proposal, July 27 supplemental CBI
proposal, and comments thereto, EPA
promulgated confidentiality
determinations for certain data elements
required to be reported under Part 98
and finalized amendments to the
Special Rules Governing Certain
Information Obtained Under the Clean
Air Act, which authorizes EPA to
release or withhold as confidential
reported data according to the
confidentiality determinations for such
data without taking further procedural
steps (76 FR 30782, May 26, 2011,
hereinafter referred to as the ‘‘May 26,
2011 Final CBI Rule’’). That notice
addressed reporting of data elements in
34 subparts that were determined not to
be inputs to emission equations and
therefore were not proposed to have
their reporting deadline deferred. That
rule did not make confidentiality
determinations for eight subparts for
which reporting requirements were
finalized after publication of the July 7,
2010 CBI proposal and July 27, 2010
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supplemental CBI proposal. As
explained in Section II.A.3 of the
preamble to the May 26, 2011 Final CBI
Rule, EPA will address the
confidentiality of the data elements in
those eight subparts in a separate action.
That rule also did not address data
elements used as inputs to emission
equations, which are addressed in this
final rule.
II. Summary of Major Changes Since
Proposal
This section provides a summary of
major changes since proposal, including
the date to which the reporting of inputs
to equations is deferred as well as the
list of data elements categorized as
inputs to emission equations.
A. Changes to the Date for Reporting
Inputs to Equations
In the December 27, 2010 deferral
proposal, EPA proposed to defer
reporting of inputs to equations until
March 31, 2014. For the reasons stated
below, in this final rule, EPA is
deferring the reporting deadline for
some inputs to equations to March 31,
2013 and the others to March 31, 2015.
For a list of inputs to equations to be
reported under each deadline, please
see Tables A–6 and A–7 in the
regulatory text at the end of this notice.
In the preamble to the proposed rule,
EPA explained that it proposed to defer
reporting of inputs to emission
equations to allow EPA adequate time to
fully evaluate whether and the extent to
which potential competitive harm may
result if any of the inputs to equations
data elements were reported and made
publicly available, and whether
emissions can be calculated or verified
using additional methodologies,
consistent with the transparency and
accuracy goals of Part 98 (75 FR 81350,
81355). EPA therefore proposed to defer
the reporting of inputs to equations
until March 31, 2014, with the goal of
completing its evaluations and other
necessary actions in advance of that
date.
As mentioned in the Background
section (Section I.B of this preamble),
concurrent with the December 27, 2010
deferral proposal, EPA issued a call for
information to obtain additional
information that would assist EPA in its
evaluations. In the call for information,
EPA requested specific information
identifying how public availability of
any input to an emission equation
would cause harm to any reporter, and
which data elements that are inputs to
emission equations are already publicly
available or otherwise not sensitive for
any reporter. EPA also requested
suggestions of additional calculation
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methodologies and verification
approaches for specific subparts that
would achieve the transparency and
accuracy goals of Part 98 without
requiring reporting of data elements that
commenters consider likely to cause
substantial competitive harm.
Since the December 27, 2010 deferral
proposal, EPA has been heavily engaged
in the evaluations described above. For
a detailed description of the activities
EPA is undertaking to evaluate each
input to equations, please see a
memorandum to the docket, ‘‘Process
for Evaluating and Potentially
Amending Part 98 Inputs to Emission
Equations.’’ For the reasons stated
below, the evaluations have proven to
be more complex and time-consuming
than EPA had anticipated. Because EPA
had not received as much information
as it had anticipated through the call for
information, EPA is spending more time
collecting information and identifying
potential impacts and solutions.
Furthermore, based on the comments
received in response to the deferral
proposal and the call for information,
the number of data elements that would
require a more in-depth evaluation is
much larger than EPA had anticipated at
the time of the deferral proposal.
As noted above, EPA proposed to
defer the reporting of inputs to
equations to March 31, 2014, with the
goal of completing its evaluations and
other necessary actions by that date.
Despite the difficulties described above,
EPA anticipates that it can complete its
evaluations for some inputs to equations
by March 31, 2013. Accordingly, in this
final rule, EPA is requiring reporting of
these inputs to equations by March 31,
2013, a year sooner than proposed.
These data elements are those for which
EPA either is further along or able to
proceed more quickly in the evaluation
processes (as outlined in the docket
memorandum). However, for the
remaining inputs, due to the difficulties
described above, EPA either is less far
along or the evaluation processes are
more time-consuming. For these inputs
to equations, EPA is deferring the
reporting deadline to March 31, 2015.
As we explained in the December 27,
2010 deferral proposal, deferral of the
inputs reporting deadline to either date
does not change any other requirements
of Part 98, including the requirement
that these data elements be retained as
records in a form that is suitable for
expeditious inspection and review
(required for all Part 98 records by 40
CFR 98.3(g)).
The results of our decision regarding
the reporting deadline for each input are
provided in Tables A–6 and A–7, and in
the Response to Comments document in
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B. Changes to the List of Deferred Data
Elements
In this notice, we are including in the
list of deferred data elements 16 data
elements that were not identified as
inputs to equations in the December 27,
2010 deferral proposal. We are also
removing 24 data elements that were
either incorrectly identified as inputs to
equations in the December 27, 2010
deferral proposal or are no longer
required to be reported. In addition, we
are clarifying the deferral regarding
three data elements that are used as
inputs to emission equations in some
circumstances but not in others.
EPA received numerous public
comments on the December 27, 2010
deferral proposal, including some
comments contending that additional
data elements besides those listed in the
proposed regulatory text are inputs to
emission equations. We agree with
commenters that six data elements that
were not included in the December 27,
2010 deferral proposal are actually
inputs to emission equations and,
therefore, should be deferred. These
data elements are the following:
• Subpart Y: Quantity of unstabilized
crude oil received during the calendar
year (40 CFR 98.256(o)(6)).1
• Subpart Y: Average pressure
differential (40 CFR 98.256(o)(6)).1
• Subpart Y: Mole fraction of
methane (CH4) in vent gas from the
unstabilized crude oil storage tank (40
CFR 98.256(o)(6)).1
• Subpart Y: Tank-specific methane
composition data (40 CFR
98.256(o)(7)).1
• Subpart Y: Gas generation rate data
(40 CFR 98.256(o)(7)).1
• Subpart TT: Surface area (in square
meters) at the start of the reporting year
for the landfill sections that contain
waste and that are associated with the
selected cover type (for facilities using
a landfill gas collection system) (40 CFR
98.466(e)(2)).1
EPA agrees with the comments that
the six data elements described above
are inputs to emission equations. In
light of these comments, EPA reviewed
the data elements lists to assure proper
categorization and identified nine
additional data elements that are inputs
to emission equations, but were not
included in the December 27, 2010
deferral proposal. These data elements
are the following:
• Subpart I: Fraction of each
fluorinated GHG or N2O destroyed or
removed in abatement systems
connected to process tools where recipe,
process sub-type, or process type j is
used (40 CFR 98.96(o)).2
• Subpart I: All inputs and results of
calculations made accounting for the
uptime of abatement systems used
during the reporting year, in accordance
with Equations I–14 and I–15 of this
subpart (40 CFR 98.96(q)(2)).2
• Subpart L: Where missing data have
been estimated pursuant to 40 CFR
98.125 report, estimate of the missing
data (40 CFR 98.126(d)).2
• Subpart U: Annual carbonate input
by carbonate type (40 CFR 98.216(f)(1)).1
• Subpart U: Annual carbonate
output by carbonate type (40 CFR
98.216(f)(2)).1
• Subpart W: For gas well
completions and workovers without
hydraulic fracturing: total count of
completions in calendar year (40 CFR
98.236(c)(6)(ii)(A)).2
• Subpart W: Count of compressors
(40 CFR 98.236(c)(14)(v)(A)).2
• Subpart TT: Last year the landfill
accepted waste (for closed landfills
using Equation TT–4) (40 CFR
98.466(a)(3)).1
• Subpart TT: Capacity of the landfill
in metric tons (for closed landfills using
Equation TT–4) (40 CFR 98.466(a)(4)).1
In addition, there are 23 data elements
that were incorrectly identified in the
December 27, 2010 deferral proposal as
inputs to emissions equations. For four
of these data elements that are in the 34
subparts addressed in the May 26, 2011
Final CBI Rule, EPA assigned them to
the appropriate categories and made
final determinations regarding their
confidentiality status in that rule.
Consistent with the Final CBI Rule, EPA
is removing those data elements from
the deferral list in this final rule. These
data elements are:
• Subpart C: Percentage of source
operating hours for which substitute
data is used for stack gas flow rate (40
CFR 98.36(e)(2)(vi)(C)).
• Subpart C: Percentage of source
operating hours for which substitute
data is used for stack gas moisture
content (40 CFR 98.36(e)(2)(vi)(C)).
• Subpart Y: Average coke burn-off
quantity per cycle or measurement
1 This data element is listed in one of the 34 Part
98 subparts addressed in the May 26, 2011 Final
CBI Rule. Consistent with that rule’s treatment of
inputs to emission equations, that rule did not
assign a confidentiality determination to this data
element.
2 This data element is listed in one of the eight
Part 98 subparts that were not addressed in the May
26, 2011 Final CBI Rule but for which
confidentiality determinations will be addressed in
a separate action; see section II.A.3 of the preamble
to the May 26, 2011 Final CBI Rule.
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the docket titled, ‘‘Response to
Comments on the Greenhouse Gas
Reporting Rule—Deferral Notice and
Call For Information.’’
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period, and average carbon content of
coke (40 CFR 98.256(f)(13)).
• Subpart FF: Dates in quarterly
reporting period where active
ventilation of mining operations is
taking place (40 CFR 98.326(l)).
The remaining 19 data elements that
were incorrectly identified in the
proposed deferral as inputs to emissions
equations were in the eight subparts not
covered by the May 26, 2011 Final CBI
Rule. As explained in Section II.A.3 of
the preamble to that rule, EPA will
address the confidentiality of the data
elements in those eight subparts in a
separate action. Consistent with the
actions described above, EPA is
removing these 19 data elements from
the list of inputs to emission equations
in this final rule. These data elements
are:
• Subpart I: For all fluorinated GHGs
and N2O used at your facility for which
you have not calculated emissions using
Equations I–6, I–7, I–8, I–9, and I–10,
the chemical name of the GHG used, the
annual consumption of the gas, and a
brief description of its use (40 CFR
98.96(g)).
• Subpart I: Certification that each
abatement system has been installed,
maintained, and operated in accordance
with manufacturers’ specifications (40
CFR 98.96(q)(1)).
• Subpart W: Total number of days of
gas venting to the atmosphere during
backflow for completion (40 CFR
98.236(c)(6)(ii)(C)).
• Subpart W: Number of wellhead
separators sending oil to atmospheric
tanks (40 CFR 98.236(c)(8)(i)(A)).
• Subpart W: Count of hydrocarbon
tanks at well pads (40 CFR
98.236(c)(8)(i)(D)).
• Subpart W: Best estimate of count
of stock tanks not at well pads receiving
your oil (40 CFR 98.236(c)(8)(i)(E)).
• Subpart W: Count of tanks with
emissions control measures, either
vapor recovery system or flaring, for
tanks at well pads (40 CFR
98.236(c)(8)(i)(G)).
• Subpart W: Best estimate of count
of stock tanks assumed to have
emissions control measures not at well
pads, receiving your oil (40 CFR
98.236(c)(8)(i)(H)).
• Subpart W: Range of concentrations
of flash gas, CH4, and carbon dioxide
(CO2) (40 CFR 98.236(c)(8)(i)(I)).
• Subpart W: Report emissions
individually for Calculation
Methodology 1 and 2 of § 98.233(j) (40
CFR 98.236(c)(8)(i)(J)).
• Subpart W: Total number of wells
sending oil directly to tanks (40 CFR
98.236(c)(8)(ii)(B)).
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Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations
• Subpart W: Total number of wells
sending oil to separators off the well
pads (40 CFR 98.236(c)(8)(ii)(C)).
• Subpart W: Count of hydrocarbon
tanks on wellpads (40 CFR
98.236(c)(8)(ii)(E)).
• Subpart W: Count of hydrocarbon
tanks, both on and off well pads
assumed to have emissions control
measures: either vapor recovery system
or flaring of tank vapors (40 CFR
98.236(c)(8)(ii)(F)).
• Subpart W: Number of wells
without wellhead separators (40 CFR
98.236(c)(8)(iii)(B)).
• Subpart W: Total volume of oil
production in barrels per year (40 CFR
98.236(c)(8)(iii)(C)).
• Subpart W: CH4 and CO2 emissions
(refer to Equation W–31 of § 98.233)
collectively by equipment type (40 CFR
98.236(c)(15)(ii)(C)).
• Subpart W: Report emissions
collectively (40 CFR 98.236(c)(17)(v)).
• Subpart W: Report annual
throughput as determined by
engineering estimate based on best
available data for each industry segment
listed in paragraphs (a)(1) through (a)(8)
of this section (40 CFR 98.236(d)).
We also have removed the following
data element from the list of deferred
inputs to emission equations because it
is no longer required to be reported.
• Subpart CC: Annual operating
hours for manufacturing lines used to
produce soda ash using liquid alkaline
feedstock (40 CFR 98.296(b)(10)(vii)).
We also have added clarifications
regarding the conditions under which
certain data elements are deferred:
• Subpart Y: For 40 CFR 98.256(h)(5),
we have clarified that the annual
volume of recycled tail gas is deferred
only for reporters who use this data
element to calculate the recycling
correction factor.
• Subpart HH: For 40 CFR 98.346(a),
we have clarified that the last year the
landfill accepted waste and the capacity
of the landfill are deferred only when
reported by closed landfills using
Equation HH–3 to calculate emissions.
In this final rule, EPA has also deleted
two erroneous rule citations from the
list of inputs in the December 27, 2010
deferral proposal. These citations are 40
CFR 98.236(c)(14)(iv)(A) and (iv)(B).
Though listed in the deferral proposal as
reporting requirements for subpart W,
these two paragraphs are not in the final
subpart W rule published on November
30, 2010 (75 FR 74458).
III. Response to Significant Comments
on the Proposed Amendments
This section contains a brief summary
of the significant comments and our
responses thereto. Other comments were
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also received. Responses to these
comments can be found in ‘‘Response to
Comments on the Greenhouse Gas
Reporting Rule—Deferral Notice and
Call for Information’’ in the docket.
Comment: Several commenters
supported deferring all data elements
used as inputs to emission equations
through the proposed date of March 13,
2014. Some commenters specified the
source categories and/or data elements
for which they support the deferral.
These commenters explained that the
inputs in these categories would cause
competitive harm if made publicly
available and described how this would
occur. For example, some of these
commenters provided information on
how release of certain product
composition, production and
throughput quantities, and raw material
data elements could be used by their
competitors to gain a competitive
advantage and cause harm to the
reporter. Some commenters noted that
particular inputs are not publicly
available and named steps that reporters
take to protect these data. Some of these
commenters noted that other Federal
and State agencies that collect similar
information treat the information as
confidential.
Other commenters opposed deferring
the reporting of any of the Part 98 data
elements. Some commenters indicated
that many of the data elements proposed
for deferral are publicly available in
Federal and State permits, State
inventories, published studies, or other
publicly available sources, or otherwise
not likely to cause substantial
competitive harm if made publicly
available. Additionally, some data
elements and subparts did not receive
comments, and some received
comments that asserted a position
without providing evidence.
Response: EPA appreciates the
comments in support of deferring the
reporting deadline for inputs to
equations. As part of the evaluations
described in Section II.A of this
preamble, EPA will consider the
examples of competitive harm, public
availability, and other factors that
commenters provided for many of the
inputs.
EPA disagrees with the comments
opposing deferral of any of the inputs.
However, as explained in Section II.A of
this preamble, EPA is deferring the
reporting deadline only until March 31,
2013 for those inputs for which our
evaluations are less time-consuming or
further along. For the others, the
evaluations of which are more complex
and time-consuming, EPA is deferring
the reporting deadline until March 31,
2015.
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Comment: Some commenters
contended that the December 27, 2010
deferral proposal was contrary to law
and Congressional intent and would
subvert the spirit of the reporting
mandate.
Response: EPA disagrees with these
comments. Title II of the 2008
Consolidated Appropriations Act (H.R.
2764; Pub. L. 110–161) requires EPA to
establish ‘‘mandatory reporting of
greenhouse gas emissions above
appropriate thresholds in all sectors’’ of
the U.S. economy through publication
of a draft rule within 9 months of the
promulgation of the Appropriations Act
and a final rule within 18 months, a task
EPA accomplished in its promulgation
of the Greenhouse Gas Reporting
Program under Part 98. Congress left the
Agency discretion in determining the
specific data to be reported, timing of
data reporting, and the methods of data
calculation and verification. Today’s
action affects only the reporting
deadline of the data elements identified
as inputs to emission equations, which
EPA has discretion to establish. During
the deferral period, reporters must
continue to report GHG emission levels
and all other data required under Part
98 that are not identified as inputs to
emission equations.
Comment: Some commenters
referenced comments submitted by the
Federal Trade Commission (FTC) on the
July 7, 2010, CBI proposal, stating that
public disclosure of specific data
elements would create antitrust
concerns.
Response: EPA appreciates the
comments from the FTC and from
commenters that referenced those
comments. As explained in the
memorandum to the docket describing
EPA’s process for evaluating the inputs
to emission equations, ‘‘Process for
Evaluating and Potentially Amending
Part 98 Inputs to Emission Equations,’’
EPA will take these comments into
consideration in determining the
likelihood of each input to cause
substantial competitive harm if released.
Comment: Several commenters
indicated that deferring reporting of
inputs to emission equations would
interfere with State greenhouse gas
reporting programs.
Response: EPA disagrees with these
comments. The deferred reporting of
inputs to emission equations under
EPA’s Greenhouse Gas Reporting
Program does not affect the ability of
States to require facilities to report these
data elements.
Comment: Several commenters
alleged that deferring the reporting
deadline for inputs to emission
equations would render EPA unable to
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verify reported emission totals during
the deferral period.
Response: EPA disagrees with this
comment. For the direct emitter source
categories, EPA recognizes that, during
the deferral period, we will receive
fewer data upon which to conduct
electronic verification. As a result, as
described in the December 27, 2010
deferral proposal, EPA temporarily will
place additional emphasis on direct
follow-up with facilities. Although we
will not be requiring the reporting of
equation inputs during the deferral
period, we will nonetheless be requiring
reporting of several different types of
data that will be used for verification.
These data include the calculation
methodologies used, specific test
methods that were used to determine
equation inputs, an indication of
whether missing data procedures were
used, and various operating
characteristics such as plant and
equipment capacities and production
rates. These data will be used in the
electronic verification process. EPA is
confident that electronic verification
coupled with more robust direct followup will achieve verification during the
deferral period.
IV. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is therefore not
subject to review under Executive
Orders 12866 and 13563 (76 FR 3821,
January 21, 2011).
srobinson on DSK4SPTVN1PROD with RULES
B. Paperwork Reduction Act
This action does not impose any new
information collection burden. These
amendments do not make any
substantive changes to the reporting
requirements in any of the subparts. The
amendments simply delay reporting of
certain data elements. However, the
Office of Management and Budget has
previously approved the information
collection requirements for 31 subparts
contained in the regulations
promulgated on October 30, 2009 (ICR
number 2300.03); subpart W
promulgated on November 30, 2010
(ICR number 2376.02); subparts I, L, DD,
QQ, and SS promulgated on December
1, 2010 (ICR number 2373.02); subparts
T, FF, II, and TT promulgated on July
12, 2010; and subparts RR and UU
promulgated on December 1, 2010 (ICR
number 2372.02) under 40 CFR part 98
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under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.
C. Regulatory Flexibility Act (RFA)
The RFA generally requires an agency
to prepare a regulatory flexibility
analysis of any rule subject to notice
and comment rulemaking requirements
under the Administrative Procedure Act
or any other statute unless the agency
certifies that the rule will not have a
significant economic impact on a
substantial number of small entities.
Small entities include small businesses,
small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts
of this rule on small entities, small
entity is defined as: (1) A small business
as defined by the Small Business
Administration’s regulations at 13 CFR
121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of these rule amendments on
small entities, I certify that this action
will not have a significant economic
impact on a substantial number of small
entities. The rule amendments will not
impose any new requirements on small
entities that are not currently required
by Part 98.
EPA took several steps to reduce the
impact of Part 98 on small entities. For
example, EPA determined appropriate
thresholds that reduced the number of
small businesses reporting. In addition,
EPA conducted several meetings with
industry associations to discuss
regulatory options and the
corresponding burden on industry, such
as recordkeeping and reporting. For a
summary of EPA’s consultations with
State and/or local officials or other
representatives of State and/or local
governments in developing Part 98, see
Section VIII.D of the preamble to the
final rule (74 FR 56370, October 30,
2009). Finally, EPA continues to
conduct significant outreach on the
GHG reporting program and maintains
an ‘‘open door’’ policy for stakeholders
to help inform EPA’s understanding of
key issues for the industries.
D. Unfunded Mandates Reform Act
(UMRA)
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), 2 U.S.C.
1531–1538, requires Federal agencies,
unless otherwise prohibited by law, to
assess the effects of their regulatory
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actions on State, local, and Tribal
governments and the private sector.
Federal agencies must also develop a
plan to provide notice to small
governments that might be significantly
or uniquely affected by any regulatory
requirements. The plan must enable
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates and must
inform, educate, and advise small
governments on compliance with the
regulatory requirements.
The rule amendments do not contain
a Federal mandate that may result in
expenditures of $100 million or more
for State, local, and Tribal governments,
in the aggregate, or the private sector in
any one year. Thus, the rule
amendments are not subject to the
requirements of section 202 and 205 of
the UMRA. This rule is also not subject
to the requirements of section 203 of
UMRA because it contains no regulatory
requirements that might significantly or
uniquely affect small governments. The
amendments will not impose any new
requirements that are not currently
required for Part 98, and the rule
amendments would not unfairly apply
to small governments. Therefore, this
action is not subject to the requirements
of section 203 of the UMRA.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132.
These amendments apply directly to
facilities that supply certain products
that would result in GHGs when
released, combusted or oxidized and
facilities that directly emit greenhouses
gases. They do not apply to
governmental entities unless the
government entity owns a facility that
directly emits GHGs above threshold
levels (such as a landfill), so relatively
few government facilities would be
affected. This regulation also does not
limit the power of States or localities to
collect GHG data and/or regulate GHG
emissions. Thus, Executive Order 13132
does not apply to this action.
Although section 6 of Executive Order
13132 does not apply to this action, EPA
did consult with State and local officials
or representatives of State and local
governments in developing Part 98. For
a discussion of how Part 98 relates to
existing State programs and a summary
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of EPA’s consultations with State and
local government representatives during
the development of Part 98, see Sections
II and VIII of the preamble for the final
Part 98 (74 FR 56260, October 30, 2009),
respectively. In addition, after the July
7, 2010 CBI proposal, EPA held
meetings with associations including
State and local agencies, and considered
public comments submitted by such
agencies in developing the final
confidentiality determinations and 40
CFR part 2 amendments.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have Tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000). The rule amendments would not
result in any changes to the
requirements that are not currently
required for Part 98. Thus, Executive
Order 13175 does not apply to this
action.
Although Executive Order 13175 does
not apply to this action, EPA consulted
with Tribal officials in developing Part
98. A summary of the concerns raised
during that consultation and EPA’s
response to those concerns is provided
in Section VIII.F of the preamble to the
final Part 98 (74 FR 56371, October 30,
2009).
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that concern health or safety
risks, such that the analysis required
under section 5–501 of the Executive
Order has the potential to influence the
regulation. This action is not subject to
Executive Order 13045 because it does
not establish an environmental standard
intended to mitigate health or safety
risks.
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H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355, May 22,
2001), because it is not a significant
regulatory action under Executive Order
12866.
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I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104–
113, 12(d) (15 U.S.C. 272 note) directs
EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. NTTAA directs EPA to provide
Congress, through the Office of
Management and Budget (OMB),
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
This rulemaking does not involve
technical standards. Therefore, EPA is
not considering the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes Federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that these rule
amendments will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it does not affect the level of
protection provided to human health or
the environment. This is because this
rule addresses information collection
and reporting procedures.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
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53065
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the U.S.
prior to publication of the rule in the
Federal Register. A Major rule cannot
take effect until 60 days after it is
published in the Federal Register. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2). This rule will be
effective September 9, 2011.
List of Subjects in 40 CFR Part 98
Environmental protection,
Administrative practice and procedure,
Greenhouse gases, Suppliers, Reporting
and recordkeeping requirements.
Dated: August 19, 2011.
Lisa P. Jackson,
Administrator.
For the reasons stated in the
preamble, title 40, Chapter I, of the Code
of Federal Regulations is amended as
follows:
PART 98—[AMENDED]
1. The authority citation for part 98
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
Subpart A—[Amended]
2. Section 98.3 is amended by revising
paragraph (c)(4)(vii) to read as follows:
■
§ 98.3 What are the general monitoring,
reporting, recordkeeping, and verification
requirements of this part?
*
*
*
*
*
(c) * * *
(4) * * *
(vii) The owner or operator of a
facility is not required to report the data
elements specified in Table A–6 to this
subpart for calendar years 2010 through
2011 until March 31, 2013. The owner
or operator of a facility is not required
to report the data elements specified in
Table A–7 to this subpart for calendar
years 2010 through 2013 until March 31,
2015.
*
*
*
*
*
3. Subpart A is amended by revising
Table A–6 to Subpart A of Part 98 and
adding Table A–7 to Subpart A of Part
98 to read as follows:
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Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations
TABLE A–6 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH
THE REPORTING DEADLINE IS MARCH 31, 2013
Rule citation
(40 CFR part 98)
Specific data elements for which reporting date is March 31, 2013 (‘‘All’’ means all data elements in
the cited paragraph are not required to be reported until March 31, 2013)
C ...............
C ...............
C ...............
C ...............
C ...............
C ...............
C ...............
C ...............
C ...............
DD ............
DD ............
DD ............
DD ............
DD ............
DD ............
DD ............
DD ............
DD ............
DD ............
DD ............
FF .............
FF .............
FF .............
FF .............
FF .............
FF .............
FF .............
FF .............
FF .............
FF .............
98.36(d)(1)(iv) .....................
98.36(d)(2)(ii)(G) ................
98.36(d)(2)(iii)(G) ................
98.36(e)(2)(iv)(G) ...............
98.36(e)(2)(viii)(A) ..............
98.36(e)(2)(viii)(B) ..............
98.36(e)(2)(viii)(C) ..............
98.36(e)(2)(x)(A) .................
98.36(e)(2)(xi) .....................
98.306(a)(2) ........................
98.306(a)(3) ........................
98.306(d) ............................
98.306(e) ............................
98.306(f) .............................
98.306(g) ............................
98.306(h) ............................
98.306(i) .............................
98.306(j) .............................
98.306(k) ............................
98.306(l) .............................
98.326(a) ............................
98.326(b) ............................
98.326(c) ............................
98.326(f) .............................
98.326(g) ............................
98.326(h) ............................
98.326(j) .............................
98.326(k) ............................
98.326(o) ............................
98.326(p) ............................
HH ............
98.346(a) ............................
HH ............
98.346(b) ............................
HH ............
HH ............
98.346(c) ............................
98.346(d)(1) ........................
HH
HH
HH
HH
HH
............
............
............
............
............
98.346(d)(2) ........................
98.346(e) ............................
98.346(f) .............................
98.346(g) ............................
98.346(i)(5) .........................
HH ............
HH ............
98.346(i)(6) .........................
98.346(i)(7) .........................
HH ............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
II ...............
srobinson on DSK4SPTVN1PROD with RULES
Subpart
98.346(i)(9) .........................
98.356(b)(1) ........................
98.356(b)(2) ........................
98.356(b)(3) ........................
98.356(b)(4) ........................
98.356(b)(5) ........................
98.356(d)(1) ........................
98.356(d)(7) ........................
98.356(d)(8) ........................
SS
SS
SS
SS
SS
SS
SS
SS
SS
98.456(a) ............................
98.456(b) ............................
98.456(c) ............................
98.456(d) ............................
98.456(e) ............................
98.456(f) .............................
98.456(g) ............................
98.456(h) ............................
98.456(i) .............................
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
Only quarterly volumetric flow rate.
Only quarterly CH4 concentration.
Only weekly volumetric flow used to calculate CH4 liberated from degasification systems.
All.
All.
All.
Only assumed destruction efficiency for the primary destruction device and assumed destruction efficiency for the backup destruction device.
Only year in which landfill first accepted waste, last year the landfill accepted waste (if used as an
input in Equation HH–3), capacity of the landfill (if used as an input in Equation HH–3), and waste
disposal quantity for each year of landfilling.
Only quantity of waste determined using the methods in § 98.343(a)(3)(i), quantity of waste determined using the methods in § 98.343(a)(3)(ii), population served by the landfill for each year, and
the value of landfill capacity (LFC) used in the calculation.
All.
Only degradable organic carbon (DOC) value, methane correction factor (MCF) values, and fraction
of DOC dissimilated (DOCF) values.
All.
Only fraction of CH4 in landfill gas.
Only surface area associated with each cover type.
All.
Only annual operating hours for the primary destruction device, annual operating hours for the
backup destruction device, destruction efficiency for the primary destruction device, and destruction efficiency for the backup destruction device.
All.
Only surface area specified in Table HH–3, estimated gas collection system efficiency, and annual
operating hours of the gas collection system.
Only CH4 generation value.
All.
All.
All.
All.
All.
All.
All.
Only annual operating hours for the primary destruction device, annual operating hours for the
backup destruction device, destruction efficiency of the primary destruction device, and destruction
efficiency of the backup destruction device.
All.
All.
All.
All.
All.
All.
All.
All.
All.
............
............
............
............
............
............
............
............
............
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Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations
53067
TABLE A–6 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH
THE REPORTING DEADLINE IS MARCH 31, 2013—Continued
Rule citation
(40 CFR part 98)
Specific data elements for which reporting date is March 31, 2013 (‘‘All’’ means all data elements in
the cited paragraph are not required to be reported until March 31, 2013)
............
............
............
............
............
............
............
............
.............
.............
.............
.............
.............
.............
.............
.............
.............
.............
.............
98.456(j) .............................
98.456(m) ...........................
98.456(n) ............................
98.456(o) ............................
98.456(q) ............................
98.456(r) .............................
98.456(s) ............................
98.456(t) .............................
98.466(a)(2) ........................
98.466(a)(3) ........................
98.466(a)(4) ........................
98.466(c)(1) ........................
98.466(c)(4)(i) .....................
98.466(c)(4)(ii) ....................
98.466(c)(4)(iii) ...................
98.466(d)(1) ........................
98.466(d)(2) ........................
98.466(d)(3) ........................
98.466(e)(2) ........................
TT .............
98.466(f) .............................
All.
All.
All.
All.
All.
All.
All.
Only for any missing data the substitute parameters used to estimate emissions in their absence.
All.
Only last year the landfill accepted waste (for closed landfills using Equation TT–4).
Only capacity of the landfill in metric tons (for closed landfills using Equation TT–4).
All.
All.
All.
All.
All.
Only degradable organic carbon (DOCX) value used in calculations.
Only fraction of CH4 in landfill gas.
Only surface area (in square meters) at the start of the reporting year for the landfill sections that
contain waste and that are associated with the selected cover type (for facilities using a landfill
gas collection system).
All.
Subpart
SS
SS
SS
SS
SS
SS
SS
SS
TT
TT
TT
TT
TT
TT
TT
TT
TT
TT
TT
TABLE A–7 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH
THE REPORTING DEADLINE IS MARCH 31, 2015
srobinson on DSK4SPTVN1PROD with RULES
Subpart
A
C
C
C
C
C
C
C
C
C
C
C
C
E
E
E
E
E
E
E
E
E
E
F
F
F
F
F
F
G
G
G
G
G
G
H
H
H
H
H
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
..............
..............
..............
..............
..............
..............
...............
...............
...............
...............
...............
VerDate Mar<15>2010
Rule citation
(40 CFR part 98)
98.3(d)(3)(v) .......................
98.36(b)(9)(iii) .....................
98.36(c)(2)(ix) .....................
98.36(e)(2)(i) ......................
98.36(e)(2)(ii)(A) .................
98.36(e)(2)(ii)(C) .................
98.36(e)(2)(ii)(D) .................
98.36(e)(2)(iv)(A) ................
98.36(e)(2)(iv)(C) ................
98.36(e)(2)(iv)(F) ................
98.36(e)(2)(ix)(D) ................
98.36(e)(2)(ix)(E) ................
98.36(e)(2)(ix)(F) ................
98.56(b) ..............................
98.56(c) ..............................
98.56(g) ..............................
98.56(h) ..............................
98.56(j)(1) ...........................
98.56(j)(3) ...........................
98.56(j)(4) ...........................
98.56(j)(5) ...........................
98.56(j)(6) ...........................
98.56(l) ...............................
98.66(a) ..............................
98.66(c)(2) ..........................
98.66(c)(3) ..........................
98.66(e)(1) ..........................
98.66(f)(1) ...........................
98.66(g) ..............................
98.76(b)(2) ..........................
98.76(b)(7) ..........................
98.76(b)(8) ..........................
98.76(b)(9) ..........................
98.76(b)(10) ........................
98.76(b)(11) ........................
98.86(b)(2) ..........................
98.86(b)(5) ..........................
98.86(b)(6) ..........................
98.86(b)(8) ..........................
98.86(b)(10) ........................
16:26 Aug 24, 2011
Jkt 223001
Specific data elements for which reporting date is March 31, 2015 (‘‘All’’ means all data elements in
the cited paragraph are not required to be reported until March 31, 2015)
All.
Only
Only
All.
All.
Only
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
Only
Only
Only
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
estimate of the heat input.
estimate of the heat input from each type of fuel listed in Table C–2.
HHV value for each calendar month in which HHV determination is required.
smelter-specific slope coefficients and overvoltage emission factors.
annual anode consumption (No CEMS).
annual paste consumption (No CEMS).
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53068
Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations
TABLE A–7 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH
THE REPORTING DEADLINE IS MARCH 31, 2015—Continued
Rule citation
(40 CFR part 98)
Specific data elements for which reporting date is March 31, 2015 (‘‘All’’ means all data elements in
the cited paragraph are not required to be reported until March 31, 2015)
H ...............
H ...............
H ...............
H ...............
I ................
I ................
98.86(b)(11) ........................
98.86(b)(12) ........................
98.86(b)(13) ........................
98.86(b)(15) ........................
98.96(f)(1) ...........................
98.96(g) ..............................
I
I
I
I
I
I
I
I
................
................
................
................
................
................
................
................
98.96(h) ..............................
98.96(i) ...............................
98.96(j) ...............................
98.96(k) ..............................
98.96(l) ...............................
98.96(n) ..............................
98.96(o) ..............................
98.96(q)(2) ..........................
I ................
I ................
I ................
I ................
K ...............
K ...............
K ...............
L ...............
L ...............
L ...............
L ...............
98.96(q)(3) ..........................
98.96(q)(5)(iv) .....................
98.96(r) ...............................
98.96(s) ..............................
98.116(b) ............................
98.116(e)(4) ........................
98.116(e)(5) ........................
98.126(b)(1) ........................
98.126(b)(2) ........................
98.126(b)(6) ........................
98.126(b)(8)(i) ....................
L ...............
98.126(b)(8)(ii) ....................
L ...............
98.126(b)(8)(iii) ...................
L
L
L
L
L
L
L
L
L
L
L
L
L
L
N
srobinson on DSK4SPTVN1PROD with RULES
Subpart
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
98.126(b)(8)(iv) ...................
98.126(b)(8)(v) ...................
98.126(b)(9)(i) ....................
98.126(b)(9)(ii) ....................
98.126(b)(9)(iii) ...................
98.126(b)(10) ......................
98.126(b)(11) ......................
98.126(b)(12) ......................
98.126(c)(1) ........................
98.126(c)(2) ........................
98.126(d) ............................
98.126(f)(1) .........................
98.126(g)(1) ........................
98.126(h)(2) ........................
98.146(b)(2) ........................
N
N
O
O
O
O
O
O
O
O
O
O
O
O
O
P
P
P
Q
Q
Q
Q
...............
...............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
...............
...............
...............
..............
..............
..............
..............
98.146(b)(4) ........................
98.146(b)(6) ........................
98.156(a)(2) ........................
98.156(a)(7) ........................
98.156(a)(8) ........................
98.156(a)(9) ........................
98.156(a)(10) ......................
98.156(b)(1) ........................
98.156(b)(2) ........................
98.156(d)(1) ........................
98.156(d)(2) ........................
98.156(d)(3) ........................
98.156(d)(4) ........................
98.156(d)(5) ........................
98.156(e)(1) ........................
98.166(b)(2) ........................
98.166(b)(5) ........................
98.166(b)(6) ........................
98.176(b) ............................
98.176(e)(1) ........................
98.176(e)(3) ........................
98.176(e)(4) ........................
All.
All.
All.
Only monthly kiln-specific clinker factors (if used) for each kiln.
All.
Only annual consumption of the gas (excluding annual consumption of gases for which the reporter
did not calculate emissions using Equations I–6, I–7, I–8, I–9, and I–10 of subpart L).
All.
All.
All.
All.
All.
All.
All.
Only inputs and results of calculations made accounting for the uptime of abatement systems used
during the reporting year.
All.
Only inputs used to calculate the class average.
All.
Only estimates of inputs into the heat transfer fluid mass balance equation.
Only annual production by product from each EAF (No CEMS).
All.
All.
Only data used in calculating the absolute errors and data used in calculating the relative errors.
All.
Only mass of each fluorine-containing reactant fed into the process.
Only mass of each fluorine-containing product that is removed from the process and fed into the destruction device.
Only mass of each fluorine-containing by-product that is removed from the process and fed into the
destruction device.
Only mass of each fluorine-containing reactant that is removed from the process and fed into the destruction device.
Only mass of each fluorine-containing by-product that is removed from the process and recaptured.
All.
All.
All.
All.
All.
All.
All.
Only quantity of the process activity used to estimate emissions.
All.
Only estimate of missing data.
All.
All.
All.
Only annual quantity of carbonate based-raw material charged to each continuous glass melting furnace.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
Only annual quantity taconite pellets, coke, iron, and raw steel (No CEMS).
All.
All.
All.
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Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations
53069
TABLE A–7 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH
THE REPORTING DEADLINE IS MARCH 31, 2015—Continued
srobinson on DSK4SPTVN1PROD with RULES
Subpart
Rule citation
(40 CFR part 98)
Q ..............
Q ..............
Q ..............
Q ..............
Q ..............
R ...............
R ...............
S ...............
S ...............
S ...............
S ...............
S ...............
S ...............
S ...............
S ...............
U ...............
U ...............
U ...............
U ...............
U ...............
V ...............
V ...............
V ...............
V ...............
V ...............
V ...............
V ...............
V ...............
V ...............
V ...............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
98.176(f)(1) .........................
98.176(f)(2) .........................
98.176(f)(3) .........................
98.176(f)(4) .........................
98.176(g) ............................
98.186(b)(6) ........................
98.186(b)(7) ........................
98.196(b)(2) ........................
98.196(b)(3) ........................
98.196(b)(5) ........................
98.196(b)(6) ........................
98.196(b)(8) ........................
98.196(b)(10) ......................
98.196(b)(11) ......................
98.196(b)(12) ......................
98.216(b) ............................
98.216(e)(1) ........................
98.216(e)(2) ........................
98.216(f)(1) .........................
98.216(f)(2) .........................
98.226(c) ............................
98.226(d) ............................
98.226(i) .............................
98.226(j) .............................
98.226(m)(1) .......................
98.226(m)(3) .......................
98.226(m)(4) .......................
98.226(m)(5) .......................
98.226(m)(6) .......................
98.226(p) ............................
98.236(c)(1)(i) .....................
98.236(c)(1)(ii) ....................
98.236(c)(1)(iii) ...................
98.236(c)(2)(i) .....................
98.236(c)(3)(i) .....................
98.236(c)(3)(ii) ....................
98.236(c)(3)(iii) ...................
98.236(c)(4)(i)(A) ................
98.236(c)(4)(i)(B) ................
98.236(c)(4)(i)(C) ................
98.236(c)(4)(i)(D) ................
98.236(c)(4)(i)(E) ................
98.236(c)(4)(i)(F) ................
98.236(c)(4)(i)(G) ................
98.236(c)(4)(i)(H) ................
98.236(c)(4)(ii)(A) ...............
98.236(c)(5)(iii) ...................
98.236(c)(5)(iv) ...................
98.236(c)(5)(v) ....................
98.236(c)(6)(i)(B) ................
98.236(c)(6)(i)(D) ................
98.236(c)(6)(i)(E) ................
98.236(c)(6)(i)(F) ................
98.236(c)(6)(ii)(A) ...............
98.236(c)(6)(ii)(B) ...............
98.236(c)(7)(i) .....................
98.236(c)(8)(i)(B) ................
98.236(c)(8)(i)(C) ................
98.236(c)(8)(i)(F) ................
98.236(c)(8)(ii)(A) ...............
98.236(c)(8)(ii)(D) ...............
98.236(c)(8)(iii)(A) ..............
98.236(c)(8)(iii)(D) ..............
98.236(c)(8)(iii)(E) ..............
98.236(c)(10)(ii) ..................
98.236(c)(10)(iii) .................
98.236(c)(11)(ii) ..................
98.236(c)(12)(ii) ..................
98.236(c)(12)(iii) .................
98.236(c)(12)(v) ..................
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Specific data elements for which reporting date is March 31, 2015 (‘‘All’’ means all data elements in
the cited paragraph are not required to be reported until March 31, 2015)
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
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All.
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53070
Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations
TABLE A–7 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH
THE REPORTING DEADLINE IS MARCH 31, 2015—Continued
Rule citation
(40 CFR part 98)
Specific data elements for which reporting date is March 31, 2015 (‘‘All’’ means all data elements in
the cited paragraph are not required to be reported until March 31, 2015)
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
W ..............
X ...............
98.236(c)(13)(i)(B) ..............
98.236(c)(13)(i)(E) ..............
98.236(c)(13)(i)(F) ..............
98.236(c)(13)(ii)(A) .............
98.236(c)(13)(ii)(B) .............
98.236(c)(13)(iii)(A) ............
98.236(c)(13)(iii)(B) ............
98.236(c)(13)(v)(A) .............
98.236(c)(14)(i)(B) ..............
98.236(c)(14)(ii)(A) .............
98.236(c)(14)(ii)(B) .............
98.236(c)(14)(iii)(A) ............
98.236(c)(14)(iii)(B) ............
98.236(c)(14)(v)(A) .............
98.236(c)(15)(i)(A) ..............
98.236(c)(15)(i)(B) ..............
98.236(c)(15)(ii)(A) .............
98.236(c)(15)(ii)(B) .............
98.236(c)(16)(i) ...................
98.236(c)(16)(ii) ..................
98.236(c)(16)(iii) .................
98.236(c)(16)(iv) .................
98.236(c)(16)(v) ..................
98.236(c)(16)(vi) .................
98.236(c)(16)(vii) ................
98.236(c)(16)(viii) ...............
98.236(c)(16)(ix) .................
98.236(c)(16)(x) ..................
98.236(c)(16)(xi) .................
98.236(c)(16)(xii) ................
98.236(c)(16)(xiii) ...............
98.236(c)(16)(xiv) ...............
98.236(c)(17)(ii) ..................
98.236(c)(17)(iii) .................
98.236(c)(17)(iv) .................
98.236(c)(18)(i) ...................
98.236(c)(18)(ii) ..................
98.236(c)(19)(iv) .................
98.236(c)(19)(vii) ................
98.246(a)(4) ........................
X
X
Y
Y
Y
Y
...............
...............
...............
...............
...............
...............
98.246(b)(5)(iii) ...................
98.246(b)(5)(iv) ...................
98.256(e)(6) ........................
98.256(e)(7) ........................
98.256(e)(7)(ii) ....................
98.256(e)(9) ........................
Y
Y
Y
Y
...............
...............
...............
...............
98.256(e)(10) ......................
98.256(f)(7) .........................
98.256(f)(10) .......................
98.256(f)(11) .......................
Y ...............
98.256(f)(12) .......................
Y ...............
Y ...............
Y ...............
srobinson on DSK4SPTVN1PROD with RULES
Subpart
98.256(f)(13) .......................
98.256(h)(4) ........................
98.256(h)(5) ........................
Y ...............
98.256(i)(5) .........................
Y ...............
98.256(i)(7) .........................
Y ...............
98.256(i)(8) .........................
Y ...............
98.256(j)(2) .........................
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
Only monthly volume values, monthly mass values, monthly carbon content values, molecular
weights for gaseous feedstocks, molecular weights for gaseous products, and indication of whether the alternative method in § 98.243(c)(4) was used.
All.
All.
Only molar volume conversion factor for each flare.
Only molar volume conversion factor for each flare.
All.
Only annual volume of flare gas combusted, annual average higher heating value of the flare gas,
volume of gas flared, average molecular weight, carbon content of the flare, and molar volume
conversion factor if using Eq. Y–3.
Only fraction of carbon in the flare gas contributed by methane.
Only molar volume conversion factor.
Only coke burn-off factor, annual throughput of unit, and average carbon content of coke.
Only units of measure for the unit-specific CH4 emission factor, activity data for calculating emissions, and unit-specific emission factor for CH4.
Only unit-specific emission factor for N2O, units of measure for the unit-specific N2O emission factor,
and activity data for calculating emissions.
Only average carbon content of coke.
All.
Only value of the correction, annual volume of recycled tail gas (if used to calculate recycling correction factor), and annual average mole fraction of carbon in the tail gas (if used to calculate recycling correction factor).
Only annual mass of green coke fed, carbon content of green coke fed, annual mass of marketable
coke produced, carbon content of marketable coke produced, and annual mass of coke dust removed from the process.
Only the unit-specific CH4 emission factor, units of measure for unit-specific CH4 emission factor,
and activity data for calculating emissions.
Only units of measure for the unit-specific factor, activity data used for calculating emissions, and
site-specific emissions factor.
All.
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53071
TABLE A–7 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH
THE REPORTING DEADLINE IS MARCH 31, 2015—Continued
Rule citation
(40 CFR part 98)
Specific data elements for which reporting date is March 31, 2015 (‘‘All’’ means all data elements in
the cited paragraph are not required to be reported until March 31, 2015)
...............
...............
...............
...............
...............
...............
98.256(j)(5) .........................
98.256(j)(6) .........................
98.256(j)(7) .........................
98.256(j)(8) .........................
98.256(j)(9) .........................
98.256(k)(3) ........................
Y ...............
98.256(k)(4) ........................
Y ...............
Y ...............
98.256(l)(5) .........................
98.256(m)(3) .......................
Y
Y
Y
Y
Y
Y
Y
Y
...............
...............
...............
...............
...............
...............
...............
...............
98.256(n)(3) ........................
98.256(o)(2)(ii) ....................
98.256(o)(4)(ii) ....................
98.256(o)(4)(iii) ...................
98.256(o)(4)(iv) ...................
98.256(o)(4)(v) ...................
98.256(o)(4)(vi) ...................
98.256(o)(6) ........................
Y ...............
Y ...............
98.256(o)(7) ........................
98.256(p)(2) ........................
Z ...............
Z ...............
AA ............
AA ............
AA ............
AA ............
AA ............
AA ............
AA ............
AA ............
BB ............
BB ............
BB ............
CC ............
CC ............
CC ............
CC ............
CC ............
CC ............
CC ............
CC ............
CC ............
EE ............
EE ............
GG ............
GG ............
GG ............
II ...............
II ...............
II ...............
II ...............
II ...............
TT .............
TT .............
TT .............
98.266(f)(5) .........................
98.266(f)(6) .........................
98.276(b) ............................
98.276(c) ............................
98.276(d) ............................
98.276(e) ............................
98.276(f) .............................
98.276(g) ............................
98.276(h) ............................
98.276(i) .............................
98.286(b)(1) ........................
98.286(b)(4) ........................
98.286(b)(6) ........................
98.296(b)(5) ........................
98.296(b)(6) ........................
98.296(b)(7) ........................
98.296(b)(10)(i) ..................
98.296(b)(10)(ii) ..................
98.296(b)(10)(iii) .................
98.296(b)(10)(iv) .................
98.296(b)(10)(v) .................
98.296(b)(10)(vi) .................
98.316(b)(6) ........................
98.316(b)(9) ........................
98.336(b)(6) ........................
98.336(b)(7) ........................
98.336(b)(10) ......................
98.356(d)(2) ........................
98.356(d)(3) ........................
98.356(d)(4) ........................
98.356(d)(5) ........................
98.356(d)(6) ........................
98.466(c)(3)(i) .....................
98.466(c)(3)(ii) ....................
98.466(c)(3)(iii) ...................
Only CO2 emission factor.
Only CH4 emission factor.
Only carbon emission factor.
Only CO2 emission factor and carbon emission factor.
Only CH4 emission factor.
Only dimensions of coke drum or vessel, typical gauge pressure of the coking drum, typical void
fraction of coke drum or vessel, annual number of coke-cutting cycles of coke drum or vessel, and
molar volume conversion factor for each coke drum or vessel.
Only height and diameter of the coke drums, cumulative number of vessel openings for all delayed
coking drums, typical venting pressure, void fraction, mole fraction of methane in coking gas.
Only molar volume conversion factor.
Only total quantity of crude oil plus the quantity of intermediate products received from off-site, CH4
emission factor used, and molar volume conversion factor.
All (if used in Equation Y–21 to calculate emissions from equipment leaks).
All.
All.
All.
All.
All.
Only tank-specific methane composition data and gas generation rate data.
Only quantity of unstabilized crude oil received during the calendar year; average pressure differential; and mole fraction of CH4 in vent gas from the unstabilized crude oil storage tank.
All.
Only quantity of materials loaded that have an equilibrium vapor-phase concentration of CH4 of 0.5
volume percent or greater.
All.
All.
All.
Only annual mass of the spent liquor solids combusted.
All.
All.
All.
All.
All.
All.
All.
All.
All.
Only monthly consumption of trona or liquid alkaline feedstock (for facilities using Equation CC–1).
Only monthly production of soda ash for each manufacturing line(for facilities using Equation CC–2).
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All.
All (if conducting weekly sampling).
All (if conducting weekly sampling).
Only weekly average temperature (if conducting weekly sampling).
Only weekly average moisture content (if conducting weekly sampling).
Only weekly average pressure (if conducting weekly sampling).
All.
Only waste disposal quantity and production quantity.
All.
Subpart
srobinson on DSK4SPTVN1PROD with RULES
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Y
Y
Y
Y
Y
[FR Doc. 2011–21727 Filed 8–24–11; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 76, Number 165 (Thursday, August 25, 2011)]
[Rules and Regulations]
[Pages 53057-53071]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21727]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 98
[EPA-HQ-OAR-2010-0929; FRL-9456-3]
RIN 2060-AQ80
Change to the Reporting Date for Certain Data Elements Required
Under the Mandatory Reporting of Greenhouse Gases Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is deferring the reporting deadline for data elements that
are used by direct emitter reporters as inputs to emission equations
under the Mandatory Greenhouse Gas Reporting Rule. The deadline for
reporting some of these data elements is deferred to March 31, 2013 and
the deadline for reporting others is deferred to March 31, 2015. This
final rule does not change any other requirements of the Mandatory
Greenhouse Gas Reporting Rule.
DATES: This final rule is effective on September 9, 2011.
ADDRESSES: EPA has established a docket under Docket ID No. EPA-HQ-OAR-
2010-0929 for this action. All documents in the docket are listed in
the https://www.regulations.gov index. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through https://www.regulations.gov or in hard copy at
EPA's Docket Center, Public Reading Room, EPA West Building, Room 3334,
1301 Constitution Ave., NW., Washington, DC. This Docket Facility 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 Air Docket is (202)
566-1742.
FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division,
Office of Atmospheric Programs (MC-6207J), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone
number: (202) 343-9263; fax number: (202) 343-2342; e-mail address:
GHGReportingRule@epa.gov. For technical information and implementation
materials, please go to the Greenhouse Gas Reporting Program Web site
https://www.epa.gov/climatechange/emissions/ghgrulemaking.html. To
submit a question, select Rule Help Center, followed by Contact Us.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of this rule will also be available through the WWW.
Following the Administrator's signature, a copy of this action will be
posted on EPA's Greenhouse Gas Reporting Program Web site at https://www.epa.gov/climatechange/emissions/ghgrulemaking.html.
SUPPLEMENTARY INFORMATION: Regulated Entities. The Administrator
determined that this action is subject to the provisions of Clean Air
Act (CAA)
[[Page 53058]]
section 307(d). See CAA section 307(d)(1)(V) (the provisions of section
307(d) apply to ``such other actions as the Administrator may
determine''). These are final amendments to existing regulations.
Entities affected by this final rule are owners or operators of
facilities that are direct emitters of greenhouse gases (GHGs) and are
required to report under the Mandatory GHG Reporting Rule (40 CFR part
98), which include those listed in Table 1 of this preamble:
Table 1--Examples of Affected Entities by Category
------------------------------------------------------------------------
Examples of affected
Category NAICS facilities
------------------------------------------------------------------------
General Stationary Fuel ............... Facilities operating
Combustion Sources. boilers, process
heaters,
incinerators,
turbines, and
internal combustion
engines.
321 Manufacturers of
lumber and wood
products.
322 Pulp and paper mills.
325 Chemical
manufacturers.
324 Petroleum refineries
and manufacturers of
coal products.
316, 326, 339 Manufacturers of
rubber and
miscellaneous plastic
products.
331 Steel works, blast
furnaces.
332 Electroplating,
plating, polishing,
anodizing, and
coloring.
336 Manufacturers of motor
vehicle parts and
accessories.
221 Electric, gas, and
sanitary services.
622 Health services.
611 Educational services.
325193 Ethyl alcohol
manufacturing
facilities.
311611 Meat processing
facilities.
311411 Frozen fruit, juice,
and vegetable
manufacturing
facilities.
311421 Fruit and vegetable
canning facilities.
Electricity Generation......... 221112 Fossil-fuel fired
electric generating
units, including
units owned by
Federal and municipal
governments and units
located in Indian
Country.
Adipic Acid Production......... 325199 Adipic acid
manufacturing
facilities.
Aluminum Production............ 331312 Primary aluminum
production
facilities.
Ammonia Manufacturing.......... 325311 Anhydrous and aqueous
ammonia production
facilities.
Cement Production.............. 327310 Portland Cement
manufacturing plants.
Electronics Manufacturing...... 334111 Microcomputers
manufacturing
facilities.
334413 Semiconductor,
photovoltaic (solid
state) device
manufacturing
facilities.
334419 LCD unit screens
manufacturing
facilities.
MEMS manufacturing
facilities.
Ferroalloy Production.......... 331112 Ferroalloys
manufacturing
facilities.
Fluorinated GHG Production..... 325120 Industrial gases
manufacturing
facilities.
Glass Production............... 327211 Flat glass
manufacturing
facilities.
327213 Glass container
manufacturing
facilities.
327212 Other pressed and
blown glass and
glassware
manufacturing
facilities.
HCFC-22 Production and HFC-23 325120 Chlorodifluoromethane
Destruction. manufacturing
facilities.
Hydrogen Production............ 325120 Hydrogen production
facilities.
Iron and Steel Production...... 331111 Integrated iron and
steel mills, steel
companies, sinter
plants, blast
furnaces, basic
oxygen process
furnace shops.
Lead Production................ 331419 Primary lead smelting
and refining
facilities.
331492 Secondary lead
smelting and refining
facilities.
Lime Production................ 327410 Calcium oxide, calcium
hydroxide, dolomitic
hydrates
manufacturing
facilities.
Magnesium Production........... 331419 Primary lead smelting
and refining
facilities.
331492 Secondary lead
smelting and refining
facilities.
Municipal Solid Waste Landfills 562212 Solid waste landfills.
221320 Sewage treatment
facilities.
Nitric Acid Production......... 325311 Nitric acid production
facilities.
Petrochemical Production....... 32511 Ethylene dichloride
production
facilities.
325199 Acrylonitrile,
ethylene oxide,
methanol production
facilities.
325110 Ethylene production
facilities.
325182 Carbon black
production
facilities.
Petroleum and Natural Gas 486210 Pipeline
Systems. transportation of
natural gas.
221210 Natural gas
distribution
facilities.
211 Extractors of crude
petroleum and natural
gas.
211112 Natural gas liquid
extraction
facilities.
Petroleum Refineries........... 324110 Petroleum refineries.
Phosphoric Acid Production..... 325312 Phosphoric acid
manufacturing
facilities.
Pulp and Paper Manufacturing... 322110 Pulp mills.
322121 Paper mills.
322130 Paperboard mills.
Silicon Carbide Production..... 327910 Silicon carbide
abrasives
manufacturing
facilities.
Soda Ash Manufacturing......... 325181 Alkalies and chlorine
manufacturing
facilities.
212391 Soda ash, natural,
mining and/or
beneficiation.
Sulfur Hexafluoride (SF6) from 221121 Electric bulk power
Electrical Equipment. transmission and
control facilities.
Titanium Dioxide Production.... 325188 Titanium dioxide
manufacturing
facilities.
Underground Coal Mines......... 212113 Underground anthracite
coal mining
operations.
212112 Underground bituminous
coal mining
operations.
[[Page 53059]]
Zinc Production................ 331419 Primary zinc refining
facilities.
331492 Zinc dust reclaiming
facilities,
recovering from scrap
and/or alloying
purchased metals.
Industrial Landfills........... 562212 Solid waste landfills.
221320 Sewage treatment
facilities.
322110 Pulp mills.
322121 Paper mills.
322122 Newsprint mills.
322130 Paperboard mills.
311611 Meat processing
facilities.
311411 Frozen fruit, juice
and vegetable
manufacturing
facilities.
311421 Fruit and vegetable
canning facilities.
Wastewater Treatment........... 322110 Pulp mills.
322121 Paper mills.
322122 Newsprint mills.
322130 Paperboard mills.
311611 Meat processing
facilities.
311411 Frozen fruit, juice
and vegetable
manufacturing
facilities.
311421 Fruit and vegetable
canning facilities.
325193 Ethanol manufacturing
facilities.
CO2 Enhanced Recovery Projects. 211 Oil and Gas Extraction
Projects using CO2
Enhanced Recovery.
Geologic Sequestration Sites... CO2 Geologic
sequestration
projects.
------------------------------------------------------------------------
Table 1 of this preamble is not intended to be exhaustive, but
rather provides a guide for readers regarding facilities and suppliers
likely to be affected by this action. Table 1 of this preamble lists
types of facilities that may be affected by the reporting requirements.
Other types of facilities and suppliers than those listed in the table
may also be subject to reporting requirements. To determine whether you
are affected by this action, you should carefully examine the
applicability criteria found in 40 CFR part 98, subpart A or the
relevant criteria in the subparts. If you have questions regarding the
applicability of this action to a particular facility or supplier,
consult the person listed in the preceding FOR FURTHER GENERAL
INFORMATION CONTACT section.
What is the effective date? EPA is making this final rule effective
on September 9, 2011. Section 553(d) of the Administrative Procedure
Act (APA), 5 U.S.C. Chapter 5, generally provides that rules may not
take effect earlier than 30 days after they are published in the
Federal Register. EPA is issuing this final rule under CAA section
307(d)(1), which states: ``The provisions of section 553 through 557 *
* * of Title 5 shall not, except as expressly provided in this section,
apply to actions to which this subsection applies.'' Thus, section
553(d) of the APA does not apply to this rule. EPA is nevertheless
acting consistently with APA section 553(d) in making this rule
effective on September 9, 2011.
APA section 553(d)(1) provides an exception to the 30-day
publication requirement for any rule that grants or recognizes an
exemption or relieves a restriction. This final rule provides relief to
the current requirement to report inputs to emission equations by
September 30, 2011 for 34 subparts of 40 CFR part 98 or March 31, 2012
for eight subparts of 40 CFR part 98 by deferring these deadlines to
either March 31, 2013 or March 31, 2015, depending on the data
elements. Because this action defers the regulatory deadline for a
reporting requirement, a shorter effective date is consistent with this
exception. Further, the purpose of the 30-day waiting period prescribed
in APA section 553(d) is to give affected parties a reasonable time
period to adjust their behavior and prepare before the final rule takes
effect. Because this final rule defers a reporting deadline, it
requires little preparation or behavior adjustment. Where, as here, the
final rule will be signed and made available on the EPA Web site more
than 15 days before the effective date, that purpose is still met.
Accordingly, EPA finds it appropriate, consistent with APA section
553(d)(1), to make this rule effective on September 9, 2011, even
though this results in an effective date fewer than 30 days from the
date of publication in the Federal Register.
Judicial Review. Under section 307(b)(1) of the CAA, judicial
review of this final rule is available only by filing a petition for
review in the U.S. Court of Appeals for the District of Columbia
Circuit (the Court) by October 24, 2011. Under CAA section
307(d)(7)(B), only an objection to this final rule that was raised with
reasonable specificity during the period for public comment can be
raised during judicial review. CAA section 307(d)(7)(B) also provides a
mechanism for EPA to convene a proceeding for reconsideration, ``[i]f
the person raising an objection can demonstrate to EPA that it was
impracticable to raise such objection within [the period for public
comment] or if the grounds for such objection arose after the period
for public comment (but within the time specified for judicial review)
and if such objection is of central relevance to the outcome of the
rule.'' Any person seeking to make such a demonstration to us should
submit a Petition for Reconsideration to the Office of the
Administrator, Environmental Protection Agency, Room 3000, Ariel Rios
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a
copy to the person listed in the preceding FOR FURTHER GENERAL
INFORMATION CONTACT section, and the Associate General Counsel for the
Air and Radiation Law Office, Office of General Counsel (Mail Code
2344A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20004. Note, under CAA section 307(b)(2), the
requirements established by this final rule may not be challenged
separately in any civil or criminal proceedings brought by EPA to
enforce these requirements.
Acronyms and Abbreviations. The following acronyms and
abbreviations are used in this document.
APA Administrative Procedure Act.
CAA Clean Air Act.
CH4 methane.
[[Page 53060]]
CFR Code of Federal Regulations.
CBI confidential business information.
CO2 carbon dioxide.
EPA U.S. Environmental Protection Agency.
FTC Federal Trade Commission.
FR Federal Register.
GHG greenhouse gas.
HCFC-22 chlorodifluoromethane.
HFC-23 trifluoromethane (or CHF3).
ICR Information Collection Request.
LCD liquid crystal display.
MEMS microelectricomechanical system.
N2O nitrous oxide.
NAICS North American Industry Classification System.
NTTAA National Technology Transfer and Advancement Act of 1995.
OMB Office of Management and Budget.
RFA Regulatory Flexibility Act.
SF6 sulfur hexafluoride.
UMRA Unfunded Mandates Reform Act of 1995.
U.S. United States.
WWW Worldwide Web.
Table of Contents
I. Background
A. How is this preamble organized?
B. Background on This Action
II. Summary of Major Changes Since Proposal
A. Changes to the Date for Reporting Inputs to Equations
B. Changes to the List of Deferred Data Elements
III. Response to Significant Comments on the Proposed Amendments
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Background
A. How is this preamble organized?
The first section of this preamble contains basic background
information about the origin of these rule amendments. The second
section of this preamble summarizes major changes since proposal,
including changes to the length of the deferral and to the list of data
elements categorized as inputs to emission equations. The third section
provides an overview of EPA's response to significant comments.
Finally, the fourth section of the preamble discusses the various
statutory and executive order requirements applicable to this
rulemaking.
B. Background on This Action
On October 30, 2009, EPA published the Mandatory Greenhouse Gas
Reporting Rule for requiring data reporting regarding greenhouse gas
emissions from a broad range of industry sectors (74 FR 56260). Under
40 CFR part 98 and its subsequent amendments (hereinafter referred to
as ``Part 98''), EPA will require reporting of data from certain
facilities and suppliers above specified thresholds. The data to be
reported include information on GHG emissions and GHGs supplied,
including information necessary to characterize, quantify, and verify
the GHG emissions and GHGs supplied data. In the preamble to Part 98,
we stated, ``Through a notice and comment process, we will establish
those data elements that are `emissions data' and therefore [under CAA
section 114(c)] will not be afforded the protections of CBI. As part of
that exercise, in response to requests provided in comments, we may
identify classes of information that are not emissions data, and are
CBI'' (74 FR 56287, October 30, 2009).
On July 7, 2010, EPA proposed confidentiality determinations for
Part 98 data elements and proposed amending EPA's regulation for
handling confidential business information to add specific procedures
for the treatment of Part 98 data (75 FR 39094; hereinafter referred to
as the ``July 7, 2010 CBI proposal''). These proposed amendments to 40
CFR part 2 would allow EPA to release Part 98 data that are determined
to be emission data or non-CBI upon finalizing the confidentiality
status of these data. The amendments also set forth procedures for
treatment of information in Part 98 determined to be CBI. The proposed
procedures are similar to or consistent with the existing 40 CFR part 2
procedures.
The July 7, 2010 CBI proposal proposed confidentiality statuses for
the data elements for subparts that were included in the 2009 final
Part 98 rule (see 74 FR 56260, October 30, 2009); four subparts
finalized in July 2010 (see 75 FR 39736, July 12, 2010); and seven new
subparts that had been proposed but not yet finalized as of July 2010
(see 75 FR 18576, 75 FR 18608, and 75 FR 18652, April 12, 2010). The
July 7, 2010 CBI proposal also covered proposed changes to the
reporting requirements for some of the 2009 final Part 98 subparts.
These changes were proposed in two separate rulemakings (see 75 FR
18455, April, 12, 2010; and 75 FR 33950, June 15, 2010).
On August 11, 2010, EPA published a proposed amendment to Part 98
to change the description of some reported data elements and require
reporting of some new data elements (75 FR 48744; hereinafter referred
to as the ``August 11, 2010 revisions proposal''). EPA concurrently
issued a supplemental CBI proposal that proposed confidentiality
determinations for the new and revised data elements included in the
August 11, 2010 revisions proposal (75 FR 43889, July 27, 2010;
hereinafter referred to as the ``July 27, 2010 supplemental CBI
proposal'').
As described in detail in the CBI proposals identified above, EPA
grouped Part 98 data into 22 data categories (11 direct emitter data
categories and 11 supplier data categories), with each of the
categories containing data elements that are similar in type or
characteristics. EPA then proposed confidentiality determinations for
each category, with a few exceptions that are not relevant to today's
action. Consistent with EPA's long-standing interpretation, EPA
proposed that data elements in the inputs to emission equations data
category meet the definition of emission data under 40 CFR
2.301(a)(2)(i) and therefore, under CAA section 114(c), could not be
held as confidential once they were reported to EPA.
EPA received numerous public comments on the July 7, 2010 CBI
proposal and the July 27, 2010 supplemental CBI proposal. EPA received
comments that raised concerns regarding the public availability of data
in the inputs to emission equations category. EPA determined that these
concerns warranted an in-depth evaluation of the potential impact from
the release of inputs to emission equations, as well as collection and
review of additional information, that could not be completed before
the March 31, 2011 reporting deadline.
In the proposal to this final rulemaking (75 FR 81350, December 27,
2010, hereinafter referred to as the ``December 27, 2010 deferral
proposal''), EPA proposed to defer the reporting of inputs to equations
until March 31, 2014, to afford additional time to complete this
evaluation and take appropriate final actions regarding inputs to
equations before these data elements are reported to EPA and
potentially become subject to release. The deferral proposal concerned
only reporting of inputs to emission
[[Page 53061]]
equations for direct emitters and did not affect any other requirements
of Part 98.
Concurrent with that notice, EPA promulgated an interim final rule
(75 FR 81338, December 27, 2010) that deferred the initial March 31,
2011 reporting date for inputs to emission equations to August 31,
2011, to give EPA time to promulgate this deferral through notice and
comment. (See Section III of the preamble to the interim final rule for
a detailed rationale.)
EPA concurrently published a call for information, entitled
``Information on Inputs to Emission Equations under the Mandatory
Reporting of Greenhouse Gases Rule'' (75 FR 81366, December 27, 2010;
hereinafter referred to as the ``call for information''), to collect
additional information to assist EPA with the evaluation of the data
elements being deferred. In the call for information, we requested
comment on whether each data element used as an input to an emission
equation for direct emitters was likely to cause substantial
competitive harm if made publicly available; whether and where it was
already publicly available; and, if public availability of a given
input was likely to cause substantial competitive harm, suggestions of
alternate calculation methodologies and/or verification approaches.
A later Federal Register notice extended the deadline for reporting
of all 2010 reporting year data until September 30, 2011 (76 FR 14812,
March 18, 2011). This included those data whose reporting deadline had
previously been deferred until August 31, 2011, in the interim final
rule.
Based on the July 7, 2010 CBI proposal, July 27 supplemental CBI
proposal, and comments thereto, EPA promulgated confidentiality
determinations for certain data elements required to be reported under
Part 98 and finalized amendments to the Special Rules Governing Certain
Information Obtained Under the Clean Air Act, which authorizes EPA to
release or withhold as confidential reported data according to the
confidentiality determinations for such data without taking further
procedural steps (76 FR 30782, May 26, 2011, hereinafter referred to as
the ``May 26, 2011 Final CBI Rule''). That notice addressed reporting
of data elements in 34 subparts that were determined not to be inputs
to emission equations and therefore were not proposed to have their
reporting deadline deferred. That rule did not make confidentiality
determinations for eight subparts for which reporting requirements were
finalized after publication of the July 7, 2010 CBI proposal and July
27, 2010 supplemental CBI proposal. As explained in Section II.A.3 of
the preamble to the May 26, 2011 Final CBI Rule, EPA will address the
confidentiality of the data elements in those eight subparts in a
separate action. That rule also did not address data elements used as
inputs to emission equations, which are addressed in this final rule.
II. Summary of Major Changes Since Proposal
This section provides a summary of major changes since proposal,
including the date to which the reporting of inputs to equations is
deferred as well as the list of data elements categorized as inputs to
emission equations.
A. Changes to the Date for Reporting Inputs to Equations
In the December 27, 2010 deferral proposal, EPA proposed to defer
reporting of inputs to equations until March 31, 2014. For the reasons
stated below, in this final rule, EPA is deferring the reporting
deadline for some inputs to equations to March 31, 2013 and the others
to March 31, 2015. For a list of inputs to equations to be reported
under each deadline, please see Tables A-6 and A-7 in the regulatory
text at the end of this notice.
In the preamble to the proposed rule, EPA explained that it
proposed to defer reporting of inputs to emission equations to allow
EPA adequate time to fully evaluate whether and the extent to which
potential competitive harm may result if any of the inputs to equations
data elements were reported and made publicly available, and whether
emissions can be calculated or verified using additional methodologies,
consistent with the transparency and accuracy goals of Part 98 (75 FR
81350, 81355). EPA therefore proposed to defer the reporting of inputs
to equations until March 31, 2014, with the goal of completing its
evaluations and other necessary actions in advance of that date.
As mentioned in the Background section (Section I.B of this
preamble), concurrent with the December 27, 2010 deferral proposal, EPA
issued a call for information to obtain additional information that
would assist EPA in its evaluations. In the call for information, EPA
requested specific information identifying how public availability of
any input to an emission equation would cause harm to any reporter, and
which data elements that are inputs to emission equations are already
publicly available or otherwise not sensitive for any reporter. EPA
also requested suggestions of additional calculation methodologies and
verification approaches for specific subparts that would achieve the
transparency and accuracy goals of Part 98 without requiring reporting
of data elements that commenters consider likely to cause substantial
competitive harm.
Since the December 27, 2010 deferral proposal, EPA has been heavily
engaged in the evaluations described above. For a detailed description
of the activities EPA is undertaking to evaluate each input to
equations, please see a memorandum to the docket, ``Process for
Evaluating and Potentially Amending Part 98 Inputs to Emission
Equations.'' For the reasons stated below, the evaluations have proven
to be more complex and time-consuming than EPA had anticipated. Because
EPA had not received as much information as it had anticipated through
the call for information, EPA is spending more time collecting
information and identifying potential impacts and solutions.
Furthermore, based on the comments received in response to the deferral
proposal and the call for information, the number of data elements that
would require a more in-depth evaluation is much larger than EPA had
anticipated at the time of the deferral proposal.
As noted above, EPA proposed to defer the reporting of inputs to
equations to March 31, 2014, with the goal of completing its
evaluations and other necessary actions by that date. Despite the
difficulties described above, EPA anticipates that it can complete its
evaluations for some inputs to equations by March 31, 2013.
Accordingly, in this final rule, EPA is requiring reporting of these
inputs to equations by March 31, 2013, a year sooner than proposed.
These data elements are those for which EPA either is further along or
able to proceed more quickly in the evaluation processes (as outlined
in the docket memorandum). However, for the remaining inputs, due to
the difficulties described above, EPA either is less far along or the
evaluation processes are more time-consuming. For these inputs to
equations, EPA is deferring the reporting deadline to March 31, 2015.
As we explained in the December 27, 2010 deferral proposal, deferral of
the inputs reporting deadline to either date does not change any other
requirements of Part 98, including the requirement that these data
elements be retained as records in a form that is suitable for
expeditious inspection and review (required for all Part 98 records by
40 CFR 98.3(g)).
The results of our decision regarding the reporting deadline for
each input are provided in Tables A-6 and A-7, and in the Response to
Comments document in
[[Page 53062]]
the docket titled, ``Response to Comments on the Greenhouse Gas
Reporting Rule--Deferral Notice and Call For Information.''
B. Changes to the List of Deferred Data Elements
In this notice, we are including in the list of deferred data
elements 16 data elements that were not identified as inputs to
equations in the December 27, 2010 deferral proposal. We are also
removing 24 data elements that were either incorrectly identified as
inputs to equations in the December 27, 2010 deferral proposal or are
no longer required to be reported. In addition, we are clarifying the
deferral regarding three data elements that are used as inputs to
emission equations in some circumstances but not in others.
EPA received numerous public comments on the December 27, 2010
deferral proposal, including some comments contending that additional
data elements besides those listed in the proposed regulatory text are
inputs to emission equations. We agree with commenters that six data
elements that were not included in the December 27, 2010 deferral
proposal are actually inputs to emission equations and, therefore,
should be deferred. These data elements are the following:
Subpart Y: Quantity of unstabilized crude oil received
during the calendar year (40 CFR 98.256(o)(6)).\1\
---------------------------------------------------------------------------
\1\ This data element is listed in one of the 34 Part 98
subparts addressed in the May 26, 2011 Final CBI Rule. Consistent
with that rule's treatment of inputs to emission equations, that
rule did not assign a confidentiality determination to this data
element.
---------------------------------------------------------------------------
Subpart Y: Average pressure differential (40 CFR
98.256(o)(6)).\1\
Subpart Y: Mole fraction of methane (CH4) in
vent gas from the unstabilized crude oil storage tank (40 CFR
98.256(o)(6)).\1\
Subpart Y: Tank-specific methane composition data (40 CFR
98.256(o)(7)).\1\
Subpart Y: Gas generation rate data (40 CFR
98.256(o)(7)).\1\
Subpart TT: Surface area (in square meters) at the start
of the reporting year for the landfill sections that contain waste and
that are associated with the selected cover type (for facilities using
a landfill gas collection system) (40 CFR 98.466(e)(2)).\1\
EPA agrees with the comments that the six data elements described
above are inputs to emission equations. In light of these comments, EPA
reviewed the data elements lists to assure proper categorization and
identified nine additional data elements that are inputs to emission
equations, but were not included in the December 27, 2010 deferral
proposal. These data elements are the following:
Subpart I: Fraction of each fluorinated GHG or
N2O destroyed or removed in abatement systems connected to
process tools where recipe, process sub-type, or process type j is used
(40 CFR 98.96(o)).\2\
Subpart I: All inputs and results of calculations made
accounting for the uptime of abatement systems used during the
reporting year, in accordance with Equations I-14 and I-15 of this
subpart (40 CFR 98.96(q)(2)).\2\
Subpart L: Where missing data have been estimated pursuant
to 40 CFR 98.125 report, estimate of the missing data (40 CFR
98.126(d)).\2\
Subpart U: Annual carbonate input by carbonate type (40
CFR 98.216(f)(1)).\1\
Subpart U: Annual carbonate output by carbonate type (40
CFR 98.216(f)(2)).\1\
Subpart W: For gas well completions and workovers without
hydraulic fracturing: total count of completions in calendar year (40
CFR 98.236(c)(6)(ii)(A)).\2\
Subpart W: Count of compressors (40 CFR
98.236(c)(14)(v)(A)).\2\
Subpart TT: Last year the landfill accepted waste (for
closed landfills using Equation TT-4) (40 CFR 98.466(a)(3)).\1\
Subpart TT: Capacity of the landfill in metric tons (for
closed landfills using Equation TT-4) (40 CFR 98.466(a)(4)).\1\
---------------------------------------------------------------------------
\2\ This data element is listed in one of the eight Part 98
subparts that were not addressed in the May 26, 2011 Final CBI Rule
but for which confidentiality determinations will be addressed in a
separate action; see section II.A.3 of the preamble to the May 26,
2011 Final CBI Rule.
---------------------------------------------------------------------------
In addition, there are 23 data elements that were incorrectly
identified in the December 27, 2010 deferral proposal as inputs to
emissions equations. For four of these data elements that are in the 34
subparts addressed in the May 26, 2011 Final CBI Rule, EPA assigned
them to the appropriate categories and made final determinations
regarding their confidentiality status in that rule. Consistent with
the Final CBI Rule, EPA is removing those data elements from the
deferral list in this final rule. These data elements are:
Subpart C: Percentage of source operating hours for which
substitute data is used for stack gas flow rate (40 CFR
98.36(e)(2)(vi)(C)).
Subpart C: Percentage of source operating hours for which
substitute data is used for stack gas moisture content (40 CFR
98.36(e)(2)(vi)(C)).
Subpart Y: Average coke burn-off quantity per cycle or
measurement period, and average carbon content of coke (40 CFR
98.256(f)(13)).
Subpart FF: Dates in quarterly reporting period where
active ventilation of mining operations is taking place (40 CFR
98.326(l)).
The remaining 19 data elements that were incorrectly identified in
the proposed deferral as inputs to emissions equations were in the
eight subparts not covered by the May 26, 2011 Final CBI Rule. As
explained in Section II.A.3 of the preamble to that rule, EPA will
address the confidentiality of the data elements in those eight
subparts in a separate action. Consistent with the actions described
above, EPA is removing these 19 data elements from the list of inputs
to emission equations in this final rule. These data elements are:
Subpart I: For all fluorinated GHGs and N2O
used at your facility for which you have not calculated emissions using
Equations I-6, I-7, I-8, I-9, and I-10, the chemical name of the GHG
used, the annual consumption of the gas, and a brief description of its
use (40 CFR 98.96(g)).
Subpart I: Certification that each abatement system has
been installed, maintained, and operated in accordance with
manufacturers' specifications (40 CFR 98.96(q)(1)).
Subpart W: Total number of days of gas venting to the
atmosphere during backflow for completion (40 CFR 98.236(c)(6)(ii)(C)).
Subpart W: Number of wellhead separators sending oil to
atmospheric tanks (40 CFR 98.236(c)(8)(i)(A)).
Subpart W: Count of hydrocarbon tanks at well pads (40 CFR
98.236(c)(8)(i)(D)).
Subpart W: Best estimate of count of stock tanks not at
well pads receiving your oil (40 CFR 98.236(c)(8)(i)(E)).
Subpart W: Count of tanks with emissions control measures,
either vapor recovery system or flaring, for tanks at well pads (40 CFR
98.236(c)(8)(i)(G)).
Subpart W: Best estimate of count of stock tanks assumed
to have emissions control measures not at well pads, receiving your oil
(40 CFR 98.236(c)(8)(i)(H)).
Subpart W: Range of concentrations of flash gas,
CH4, and carbon dioxide (CO2) (40 CFR
98.236(c)(8)(i)(I)).
Subpart W: Report emissions individually for Calculation
Methodology 1 and 2 of Sec. 98.233(j) (40 CFR 98.236(c)(8)(i)(J)).
Subpart W: Total number of wells sending oil directly to
tanks (40 CFR 98.236(c)(8)(ii)(B)).
[[Page 53063]]
Subpart W: Total number of wells sending oil to separators
off the well pads (40 CFR 98.236(c)(8)(ii)(C)).
Subpart W: Count of hydrocarbon tanks on wellpads (40 CFR
98.236(c)(8)(ii)(E)).
Subpart W: Count of hydrocarbon tanks, both on and off
well pads assumed to have emissions control measures: either vapor
recovery system or flaring of tank vapors (40 CFR 98.236(c)(8)(ii)(F)).
Subpart W: Number of wells without wellhead separators (40
CFR 98.236(c)(8)(iii)(B)).
Subpart W: Total volume of oil production in barrels per
year (40 CFR 98.236(c)(8)(iii)(C)).
Subpart W: CH4 and CO2 emissions
(refer to Equation W-31 of Sec. 98.233) collectively by equipment type
(40 CFR 98.236(c)(15)(ii)(C)).
Subpart W: Report emissions collectively (40 CFR
98.236(c)(17)(v)).
Subpart W: Report annual throughput as determined by
engineering estimate based on best available data for each industry
segment listed in paragraphs (a)(1) through (a)(8) of this section (40
CFR 98.236(d)).
We also have removed the following data element from the list of
deferred inputs to emission equations because it is no longer required
to be reported.
Subpart CC: Annual operating hours for manufacturing lines
used to produce soda ash using liquid alkaline feedstock (40 CFR
98.296(b)(10)(vii)).
We also have added clarifications regarding the conditions under
which certain data elements are deferred:
Subpart Y: For 40 CFR 98.256(h)(5), we have clarified that
the annual volume of recycled tail gas is deferred only for reporters
who use this data element to calculate the recycling correction factor.
Subpart HH: For 40 CFR 98.346(a), we have clarified that
the last year the landfill accepted waste and the capacity of the
landfill are deferred only when reported by closed landfills using
Equation HH-3 to calculate emissions.
In this final rule, EPA has also deleted two erroneous rule
citations from the list of inputs in the December 27, 2010 deferral
proposal. These citations are 40 CFR 98.236(c)(14)(iv)(A) and (iv)(B).
Though listed in the deferral proposal as reporting requirements for
subpart W, these two paragraphs are not in the final subpart W rule
published on November 30, 2010 (75 FR 74458).
III. Response to Significant Comments on the Proposed Amendments
This section contains a brief summary of the significant comments
and our responses thereto. Other comments were also received. Responses
to these comments can be found in ``Response to Comments on the
Greenhouse Gas Reporting Rule--Deferral Notice and Call for
Information'' in the docket.
Comment: Several commenters supported deferring all data elements
used as inputs to emission equations through the proposed date of March
13, 2014. Some commenters specified the source categories and/or data
elements for which they support the deferral. These commenters
explained that the inputs in these categories would cause competitive
harm if made publicly available and described how this would occur. For
example, some of these commenters provided information on how release
of certain product composition, production and throughput quantities,
and raw material data elements could be used by their competitors to
gain a competitive advantage and cause harm to the reporter. Some
commenters noted that particular inputs are not publicly available and
named steps that reporters take to protect these data. Some of these
commenters noted that other Federal and State agencies that collect
similar information treat the information as confidential.
Other commenters opposed deferring the reporting of any of the Part
98 data elements. Some commenters indicated that many of the data
elements proposed for deferral are publicly available in Federal and
State permits, State inventories, published studies, or other publicly
available sources, or otherwise not likely to cause substantial
competitive harm if made publicly available. Additionally, some data
elements and subparts did not receive comments, and some received
comments that asserted a position without providing evidence.
Response: EPA appreciates the comments in support of deferring the
reporting deadline for inputs to equations. As part of the evaluations
described in Section II.A of this preamble, EPA will consider the
examples of competitive harm, public availability, and other factors
that commenters provided for many of the inputs.
EPA disagrees with the comments opposing deferral of any of the
inputs. However, as explained in Section II.A of this preamble, EPA is
deferring the reporting deadline only until March 31, 2013 for those
inputs for which our evaluations are less time-consuming or further
along. For the others, the evaluations of which are more complex and
time-consuming, EPA is deferring the reporting deadline until March 31,
2015.
Comment: Some commenters contended that the December 27, 2010
deferral proposal was contrary to law and Congressional intent and
would subvert the spirit of the reporting mandate.
Response: EPA disagrees with these comments. Title II of the 2008
Consolidated Appropriations Act (H.R. 2764; Pub. L. 110-161) requires
EPA to establish ``mandatory reporting of greenhouse gas emissions
above appropriate thresholds in all sectors'' of the U.S. economy
through publication of a draft rule within 9 months of the promulgation
of the Appropriations Act and a final rule within 18 months, a task EPA
accomplished in its promulgation of the Greenhouse Gas Reporting
Program under Part 98. Congress left the Agency discretion in
determining the specific data to be reported, timing of data reporting,
and the methods of data calculation and verification. Today's action
affects only the reporting deadline of the data elements identified as
inputs to emission equations, which EPA has discretion to establish.
During the deferral period, reporters must continue to report GHG
emission levels and all other data required under Part 98 that are not
identified as inputs to emission equations.
Comment: Some commenters referenced comments submitted by the
Federal Trade Commission (FTC) on the July 7, 2010, CBI proposal,
stating that public disclosure of specific data elements would create
antitrust concerns.
Response: EPA appreciates the comments from the FTC and from
commenters that referenced those comments. As explained in the
memorandum to the docket describing EPA's process for evaluating the
inputs to emission equations, ``Process for Evaluating and Potentially
Amending Part 98 Inputs to Emission Equations,'' EPA will take these
comments into consideration in determining the likelihood of each input
to cause substantial competitive harm if released.
Comment: Several commenters indicated that deferring reporting of
inputs to emission equations would interfere with State greenhouse gas
reporting programs.
Response: EPA disagrees with these comments. The deferred reporting
of inputs to emission equations under EPA's Greenhouse Gas Reporting
Program does not affect the ability of States to require facilities to
report these data elements.
Comment: Several commenters alleged that deferring the reporting
deadline for inputs to emission equations would render EPA unable to
[[Page 53064]]
verify reported emission totals during the deferral period.
Response: EPA disagrees with this comment. For the direct emitter
source categories, EPA recognizes that, during the deferral period, we
will receive fewer data upon which to conduct electronic verification.
As a result, as described in the December 27, 2010 deferral proposal,
EPA temporarily will place additional emphasis on direct follow-up with
facilities. Although we will not be requiring the reporting of equation
inputs during the deferral period, we will nonetheless be requiring
reporting of several different types of data that will be used for
verification. These data include the calculation methodologies used,
specific test methods that were used to determine equation inputs, an
indication of whether missing data procedures were used, and various
operating characteristics such as plant and equipment capacities and
production rates. These data will be used in the electronic
verification process. EPA is confident that electronic verification
coupled with more robust direct follow-up will achieve verification
during the deferral period.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
These amendments do not make any substantive changes to the reporting
requirements in any of the subparts. The amendments simply delay
reporting of certain data elements. However, the Office of Management
and Budget has previously approved the information collection
requirements for 31 subparts contained in the regulations promulgated
on October 30, 2009 (ICR number 2300.03); subpart W promulgated on
November 30, 2010 (ICR number 2376.02); subparts I, L, DD, QQ, and SS
promulgated on December 1, 2010 (ICR number 2373.02); subparts T, FF,
II, and TT promulgated on July 12, 2010; and subparts RR and UU
promulgated on December 1, 2010 (ICR number 2372.02) under 40 CFR part
98 under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501
et seq.
C. Regulatory Flexibility Act (RFA)
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of this rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's regulations at 13 CFR 121.201;
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district or special district with a population of
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of these rule amendments on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The rule
amendments will not impose any new requirements on small entities that
are not currently required by Part 98.
EPA took several steps to reduce the impact of Part 98 on small
entities. For example, EPA determined appropriate thresholds that
reduced the number of small businesses reporting. In addition, EPA
conducted several meetings with industry associations to discuss
regulatory options and the corresponding burden on industry, such as
recordkeeping and reporting. For a summary of EPA's consultations with
State and/or local officials or other representatives of State and/or
local governments in developing Part 98, see Section VIII.D of the
preamble to the final rule (74 FR 56370, October 30, 2009). Finally,
EPA continues to conduct significant outreach on the GHG reporting
program and maintains an ``open door'' policy for stakeholders to help
inform EPA's understanding of key issues for the industries.
D. Unfunded Mandates Reform Act (UMRA)
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538, requires Federal agencies, unless otherwise
prohibited by law, to assess the effects of their regulatory actions on
State, local, and Tribal governments and the private sector. Federal
agencies must also develop a plan to provide notice to small
governments that might be significantly or uniquely affected by any
regulatory requirements. The plan must enable officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates and must inform, educate, and advise small
governments on compliance with the regulatory requirements.
The rule amendments do not contain a Federal mandate that may
result in expenditures of $100 million or more for State, local, and
Tribal governments, in the aggregate, or the private sector in any one
year. Thus, the rule amendments are not subject to the requirements of
section 202 and 205 of the UMRA. This rule is also not subject to the
requirements of section 203 of UMRA because it contains no regulatory
requirements that might significantly or uniquely affect small
governments. The amendments will not impose any new requirements that
are not currently required for Part 98, and the rule amendments would
not unfairly apply to small governments. Therefore, this action is not
subject to the requirements of section 203 of the UMRA.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132.
These amendments apply directly to facilities that supply certain
products that would result in GHGs when released, combusted or oxidized
and facilities that directly emit greenhouses gases. They do not apply
to governmental entities unless the government entity owns a facility
that directly emits GHGs above threshold levels (such as a landfill),
so relatively few government facilities would be affected. This
regulation also does not limit the power of States or localities to
collect GHG data and/or regulate GHG emissions. Thus, Executive Order
13132 does not apply to this action.
Although section 6 of Executive Order 13132 does not apply to this
action, EPA did consult with State and local officials or
representatives of State and local governments in developing Part 98.
For a discussion of how Part 98 relates to existing State programs and
a summary
[[Page 53065]]
of EPA's consultations with State and local government representatives
during the development of Part 98, see Sections II and VIII of the
preamble for the final Part 98 (74 FR 56260, October 30, 2009),
respectively. In addition, after the July 7, 2010 CBI proposal, EPA
held meetings with associations including State and local agencies, and
considered public comments submitted by such agencies in developing the
final confidentiality determinations and 40 CFR part 2 amendments.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). The rule
amendments would not result in any changes to the requirements that are
not currently required for Part 98. Thus, Executive Order 13175 does
not apply to this action.
Although Executive Order 13175 does not apply to this action, EPA
consulted with Tribal officials in developing Part 98. A summary of the
concerns raised during that consultation and EPA's response to those
concerns is provided in Section VIII.F of the preamble to the final
Part 98 (74 FR 56371, October 30, 2009).
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through the Office of Management and Budget (OMB),
explanations when the Agency decides not to use available and
applicable voluntary consensus standards.
This rulemaking does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that these rule amendments will not have
disproportionately high and adverse hum
