Special Rules Governing Certain Information Obtained Under the Clean Air Act: Technical Correction, 64055-64058 [2011-26765]
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Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Proposed Rules
PART 1010—GENERAL PROVISIONS
1. The authority citation for part 1010
continues to read as follows:
Authority: 12 U.S.C. 1829b and 1951–
1959; 31 U.S.C. 5311–5314, 5316–5332; Title
V, section 503, Pub. L. 111–24.
2. Amend § 1010.100 as follows:
a. Revise paragraph (dd)(2); and
b. Add paragraph (dd)(3).
§ 1010.100
Dated: October 11, 2011.
James H. Freis, Jr.,
Director, Financial Crimes Enforcement
Network.
[FR Doc. 2011–26743 Filed 10–14–11; 8:45 am]
BILLING CODE 4810–02–P
ENVIRONMENTAL PROTECTION
AGENCY
General definitions.
40 CFR Part 2
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(dd) * * *
(2) For the purposes of complying
with the currency and monetary
instrument reporting requirements
issued pursuant to 31 U.S.C. 5316, the
term monetary instruments also
includes any tangible prepaid access
device. The term ‘‘tangible prepaid
access device’’ means any physical item
that can be transported, mailed, or
shipped into or out of the United States
and the use of which is dedicated to
obtaining access to prepaid funds or the
value of funds by the possessor in any
manner without regard to whom the
prepaid access is issued. The value of
any such prepaid access device is the
amount of the funds available to which
the device provides access at the time of
physical transportation, mail, or
shipment into or out of the United
States.
(3) Monetary instruments do not
include warehouse receipts, bills of
lading, credit cards (as defined in as in
15 U.S.C. 1602(k), including cards
defined in 12 CFR 226.2(15)), or debit
cards (as defined in 15 U.S.C. 1693o2(c)(2)(A)).
*
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3. Amend § 1010.340 by adding
paragraph (c)(10) to read as follows:
§ 1010.340 Reports of transportation of
currency or monetary instruments.
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(c) * * *
(10) A business participating in the
offering of prepaid access or its agent
with respect to the transportation of
tangible prepaid access devices prior to
their delivery to selling agents for
eventual sale to the public;
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[EPA–HQ–OAR–2009–0924; FRL–9479–7]
Special Rules Governing Certain
Information Obtained Under the Clean
Air Act: Technical Correction
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The EPA is proposing to
correct an erroneous reference in EPA’s
procedures for handling data collected
under the Mandatory Greenhouse Gas
Reporting Rule, which are provided in
the Special Rules Governing Certain
Information Obtained under the Clean
Air Act. The proposed correction would
not change any requirements for entities
regulated under the Mandatory
Greenhouse Gas Reporting Rule or the
final confidentiality determinations EPA
has made for such data. In the ‘‘Rules
and Regulations’’ section of this Federal
Register, we are making this correction
as a direct final rule without a prior
proposed rule. If we receive no adverse
comment, we will not take further
action on this proposed rule.
DATES: Written comments must be
received on or before November 16,
2011.
SUMMARY:
Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2009–0924, by mail to
Environmental Protection Agency, EPA
Docket Center (EPA/DC), Mailcode
6102T, Attention Docket ID No. EPA–
HQ–OAR–2009–0924, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460. Please include a
total of two copies. Comments may also
be submitted electronically or through
hand delivery/courier by following the
detailed instructions in the ADDRESSES
ADDRESSES:
64055
section of the direct final rule located in
the rules section of this Federal
Register.
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 Web site https://www.epa.gov/
climatechange/emissions/
ghgrulemaking.html. To submit a
question, select Rule Help Center, then
select Contact Us.
SUPPLEMENTARY INFORMATION:
I. Why is EPA issuing this proposed
rule?
This document proposes to correct an
erroneous reference in special rules
governing certain information obtained
under the Clean Air Act (40 CFR part 2,
subpart B). We have published a direct
final rule making this correction in the
‘‘Rules and Regulations’’ section of this
Federal Register because we view this
as a noncontroversial action and
anticipate no adverse comment. We
have explained our reasons for this
action in the preamble to the direct final
rule.
If we receive no adverse comment, we
will not take further action on this
proposed rule. If the EPA receives
adverse comment, we will withdraw the
direct final rule and it will not take
effect. We would address all public
comments in any subsequent final rule
based on this proposed rule.
We do not intend to institute a second
comment period on this action. Any
parties interested in commenting must
do so by the comment deadline listed in
the DATES section of this document. For
further information, please see the
information provided in the ADDRESSES
section of this document.
II. Does this action apply to me?
Regulated Entities. Entities potentially
affected by this proposed action include
those listed in Table 1 of this preamble:
rmajette on DSK29S0YB1PROD with PROPOSALS-1
TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY
Category
NAICS
Examples of affected facilities
General Stationary Fuel Combustion Sources ..........................
..........................
Facilities operating boilers, process heaters, incinerators, turbines, and internal combustion engines.
Extractors of crude petroleum and natural gas.
Manufacturers of lumber and wood products.
Pulp and paper mills.
Chemical manufacturers.
Petroleum refineries, and manufacturers of coal products.
211
321
322
325
324
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Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Proposed Rules
TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY—Continued
Category
NAICS
Electricity Generation .................................................................
316, 326, 339
331
332
336
221
622
611
221112
Adipic Acid Production ...............................................................
Aluminum Production .................................................................
Ammonia Manufacturing ............................................................
Cement Production ....................................................................
Electronics Manufacturing ..........................................................
325199
331312
325311
327310
334111
334413
334419
Ferroalloy Production .................................................................
Fluorinated Gas Production .......................................................
Glass Production ........................................................................
331112
325120
327211
327213
327212
HCFC–22 Production and HFC–23 Destruction ........................
Hydrogen Production .................................................................
Iron and Steel Production ..........................................................
325120
325120
331111
Lead Production .........................................................................
331419
331492
327410
Lime Manufacturing ...................................................................
Magnesium Production ..............................................................
331419
331492
325311
486210
221210
211
211112
32511
325199
Nitric Acid Production ................................................................
Petroleum and Natural Gas Systems ........................................
Petrochemical Production ..........................................................
325110
325182
324110
325312
322110
322121
322130
327910
325181
212391
221121
325188
212113
212112
331419
331492
Petroleum Refineries .................................................................
Phosphoric Acid Production .......................................................
Pulp and Paper Manufacturing ..................................................
Silicon Carbide Production ........................................................
Soda Ash Manufacturing ...........................................................
Electrical Transmission and Distribution Equipment Use ..........
Titanium Dioxide Production ......................................................
Underground Coal Mines ...........................................................
Zinc Production ..........................................................................
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Municipal Solid Waste Landfills .................................................
562212
221320
322110
322121
322122
322130
311611
311411
311421
325193
211111
324110
Industrial Wastewater Treatment ...............................................
Suppliers of Coal Based Liquid Fuels .......................................
Suppliers of Petroleum Products ...............................................
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Examples of affected facilities
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.
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 manufacturing 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.
Hydrogen manufacturing 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 refiners of nonferrous metals by electrolytic methods.
Secondary magnesium processing plants.
Nitric acid manufacturing facilities.
Pipeline transportation of natural gas.
Natural gas distribution facilities.
Extractors of crude petroleum and natural gas.
Natural gas liquid extraction facilities.
Ethylene dichloride manufacturing facilities.
Acrylonitrile, ethylene oxide, methanol manufacturing facilities.
Ethylene manufacturing facilities.
Carbon black manufacturing 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.
Titanium dioxide manufacturing facilities.
Underground anthracite coal mining operations.
Underground bituminous coal mining operations.
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.
Ethanol manufacturing facilities.
Coal liquefaction at mine sites.
Petroleum refineries.
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TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY—Continued
Category
NAICS
Suppliers of Natural Gas and NGLs ..........................................
221210
211112
325120
325120
423730
Suppliers of Industrial Greenhouse Gases ................................
Suppliers of Carbon Dioxide (CO2) ...........................................
Importers and Exporters of Fluorinated Greenhouse Gases in
Pre-charged Equipment or Closed-Cell Foams.
333415
336391
423620
443111
423730
326150
335313
423610
N/A
33531
................................................................................................
Geologic Sequestration of Carbon Dioxide ...............................
Electrical Equipment Manufacture or Refurbishment ................
Industrial Waste Landfills ...........................................................
562212
221320
322110
322121
322122
322130
311611
311411
311421
211
Injection of Carbon Dioxide .......................................................
211111 or
211112
Table 1 of this preamble is not
intended to be exhaustive, but rather
provides a guide for readers regarding
facilities likely to be affected by this
action and 40 CFR part 98. Table 1 of
this preamble lists the types of facilities
that the EPA is now aware could be
potentially affected by this action. Other
types of facilities not listed in the table
could also be affected. To determine
whether your facility is affected by this
action, you should carefully examine
the applicability criteria found in 40
CFR part 98, subpart A, and other
subparts as necessary. If you have
questions regarding the applicability of
this action to a particular facility,
consult the person listed in the
preceding FOR FURTHER INFORMATION
CONTACT section.
rmajette on DSK29S0YB1PROD with PROPOSALS-1
Table of Contents
I. Why is EPA issuing this Proposed Rule?
II. Does this action apply to me?
III. 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
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Examples of affected facilities
Natural gas distribution facilities.
Natural gas liquid extraction facilities.
Industrial gas manufacturing facilities.
Industrial gas manufacturing facilities.
Air-conditioning equipment (except room units) merchant
wholesalers.
Air-conditioning equipment (except motor vehicle) manufacturing.
Motor vehicle air-conditioning manufacturing.
Air-conditioners, room, merchant wholesalers.
Household appliance stores.
Automotive air-conditioners merchant wholesalers.
Polyurethane foam products manufacturing.
Circuit breakers, power, manufacturing.
Circuit breakers merchant wholesalers.
CO2 geologic sequestration projects.
Power transmission and distribution switchgear and specialty
transformers manufacturing facilities.
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.
Oil and gas extraction projects using CO2 enhanced oil and
gas recovery.
Projects that inject acid gas containing CO2 underground.
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.
III. 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
The correction to 40 CFR part 2 would
not impose any information collection
burden.
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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 the
amendments 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 today’s
proposed correction to the citation in 40
CFR part 2 on small entities, I certify
that this action would not have a
significant economic impact on a
substantial number of small entities. In
determining whether a rule has a
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Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Proposed Rules
significant economic impact on a
substantial number of small entities, the
impact of concern is any significant
adverse economic impact on small
entities, since the primary purpose of
the regulatory flexibility analyses is to
identify and address regulatory
alternatives ‘‘which minimize any
significant economic impact of the rule
on small entities.’’ 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule
will not have a significant economic
impact on a substantial number of small
entities if the rule relieves regulatory
burden, or otherwise has a positive
economic effect on all of the small
entities subject to the rule.
This proposed rule would not impose
any new requirement on small entities
that are not currently required by Part
98. The amendment to 40 CFR part 2 is
administrative in nature. Therefore, this
rule would not have a significant
economic impact on a substantial
number of small entities.
D. Unfunded Mandates Reform Act
(UMRA)
This action contains no federal
mandates under the provisions of Title
II of the Unfunded Mandates Reform
Act of 1995 (UMRA), 2 U.S.C. 1531–
1538 for state, local, or Tribal
governments or the private sector. The
action would impose no enforceable
duty on any state, local or Tribal
governments or the private sector.
Therefore, this action is not subject to
the requirements of sections 202 or 205
of the UMRA. This action 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 correction in this
proposed rule revises a citation
reference in one section of 40 CFR part
2, subpart B to confirm the original
intention of the reference by correcting
the citation to statutory authority.
rmajette on DSK29S0YB1PROD with PROPOSALS-1
E. Executive Order 13132: Federalism
This proposed change to 40 CFR part
2 would not have federalism
implications. It would 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. However, for a
more detailed discussion about how
Part 98 relates to existing state
programs, please see Section II of the
preamble to the final part 98 rule (74 FR
56266).
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The correction to 40 CFR part 2 is
administrative in nature and would
apply to data reported under Part 98 by
facilities that directly emit GHGs or
supply fuel or chemicals that may emit
GHGs when used. Part 98 does not
apply to governmental entities unless
the government entity owns a facility
that directly emits GHGs above
threshold levels such as large stationary
combustion sources or landfills, so
relatively few government facilities
would be affected. The change to 40
CFR part 2 also would not limit the
power of states or local governments to
collect GHG data or regulate GHG
emissions. Thus, Executive Order 13132
does not apply to this action.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action is not expected to have
Tribal implications, as specified in
Executive Order 13175 (65 FR 67249,
November 9, 2000), because this action
is administrative in nature and would
not impose any new requirements on
Tribes. Thus, Executive Order 13175
does not apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The 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 would
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 a ‘‘significant
energy action’’ as defined in Executive
Order 13211 (66 FR 28355, May 22,
2001), because it is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy. The
amendments to 40 CFR part 2 are
administrative in nature and therefore
would not have any adverse impacts on
energy supply, distribution, or use.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No.
104–113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary
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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 the
EPA to provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
This proposed change to 40 CFR part
2 is administrative in nature and would
not involve technical standards.
Therefore, the EPA did not consider 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.
The EPA has determined that the
proposed action would not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because the correction noted would not
affect the level of protection provided to
human health or the environment. The
change to 40 CFR part 2 is
administrative in nature and therefore
would not affect the level of protection
provided to human health or the
environment.
List of Subjects in 40 CFR Part 2
Environmental protection,
Administrative practice and procedure,
Reporting and recordkeeping
requirements.
Dated: October 11, 2011.
Lisa P. Jackson,
Administrator.
[FR Doc. 2011–26765 Filed 10–14–11; 8:45 am]
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[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Proposed Rules]
[Pages 64055-64058]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26765]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 2
[EPA-HQ-OAR-2009-0924; FRL-9479-7]
Special Rules Governing Certain Information Obtained Under the
Clean Air Act: Technical Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing to correct an erroneous reference in
EPA's procedures for handling data collected under the Mandatory
Greenhouse Gas Reporting Rule, which are provided in the Special Rules
Governing Certain Information Obtained under the Clean Air Act. The
proposed correction would not change any requirements for entities
regulated under the Mandatory Greenhouse Gas Reporting Rule or the
final confidentiality determinations EPA has made for such data. In the
``Rules and Regulations'' section of this Federal Register, we are
making this correction as a direct final rule without a prior proposed
rule. If we receive no adverse comment, we will not take further action
on this proposed rule.
DATES: Written comments must be received on or before November 16,
2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0924, by mail to Environmental Protection Agency, EPA Docket
Center (EPA/DC), Mailcode 6102T, Attention Docket ID No. EPA-HQ-OAR-
2009-0924, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Please
include a total of two copies. Comments may also be submitted
electronically or through hand delivery/courier by following the
detailed instructions in the ADDRESSES section of the direct final rule
located in the rules section of this Federal Register.
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 Web site https://www.epa.gov/climatechange/emissions/ghgrulemaking.html. To submit a question, select Rule Help
Center, then select Contact Us.
SUPPLEMENTARY INFORMATION:
I. Why is EPA issuing this proposed rule?
This document proposes to correct an erroneous reference in special
rules governing certain information obtained under the Clean Air Act
(40 CFR part 2, subpart B). We have published a direct final rule
making this correction in the ``Rules and Regulations'' section of this
Federal Register because we view this as a noncontroversial action and
anticipate no adverse comment. We have explained our reasons for this
action in the preamble to the direct final rule.
If we receive no adverse comment, we will not take further action
on this proposed rule. If the EPA receives adverse comment, we will
withdraw the direct final rule and it will not take effect. We would
address all public comments in any subsequent final rule based on this
proposed rule.
We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so by the comment
deadline listed in the DATES section of this document. For further
information, please see the information provided in the ADDRESSES
section of this document.
II. Does this action apply to me?
Regulated Entities. Entities potentially affected by this proposed
action 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.
211 Extractors of crude
petroleum and natural
gas.
321 Manufacturers of
lumber and wood
products.
322 Pulp and paper mills.
325 Chemical
manufacturers.
324 Petroleum refineries,
and manufacturers of
coal products.
[[Page 64056]]
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.
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 manufacturing
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 Gas 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 manufacturing
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 Manufacturing............. 327410 Calcium oxide, calcium
hydroxide, dolomitic
hydrates
manufacturing
facilities.
Magnesium Production........... 331419 Primary refiners of
nonferrous metals by
electrolytic methods.
331492 Secondary magnesium
processing plants.
Nitric Acid Production......... 325311 Nitric acid
manufacturing
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.
Petrochemical Production....... 32511 Ethylene dichloride
manufacturing
facilities.
325199 Acrylonitrile,
ethylene oxide,
methanol
manufacturing
facilities.
325110 Ethylene manufacturing
facilities.
325182 Carbon black
manufacturing
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.
Electrical Transmission and 221121 Electric bulk power
Distribution Equipment Use. 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.
Zinc Production................ 331419 Primary zinc refining
facilities.
331492 Zinc dust reclaiming
facilities,
recovering from scrap
and/or alloying
purchased metals.
Municipal Solid Waste Landfills 562212 Solid waste landfills.
221320 Sewage treatment
facilities.
Industrial 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.
Suppliers of Coal Based Liquid 211111 Coal liquefaction at
Fuels. mine sites.
Suppliers of Petroleum Products 324110 Petroleum refineries.
[[Page 64057]]
Suppliers of Natural Gas and 221210 Natural gas
NGLs. distribution
facilities.
211112 Natural gas liquid
extraction
facilities.
Suppliers of Industrial 325120 Industrial gas
Greenhouse Gases. manufacturing
facilities.
Suppliers of Carbon Dioxide 325120 Industrial gas
(CO2). manufacturing
facilities.
Importers and Exporters of 423730 Air-conditioning
Fluorinated Greenhouse Gases equipment (except
in Pre-charged Equipment or room units) merchant
Closed-Cell Foams. wholesalers.
333415 Air-conditioning
equipment (except
motor vehicle)
manufacturing.
336391 Motor vehicle air-
conditioning
manufacturing.
423620 Air-conditioners,
room, merchant
wholesalers.
443111 Household appliance
stores.
423730 Automotive air-
conditioners merchant
wholesalers.
326150 Polyurethane foam
products
manufacturing.
335313 Circuit breakers,
power, manufacturing.
423610 Circuit breakers
merchant wholesalers.
Geologic Sequestration of N/A CO2 geologic
Carbon Dioxide. sequestration
projects.
Electrical Equipment 33531 Power transmission and
Manufacture or Refurbishment. distribution
switchgear and
specialty
transformers
manufacturing
facilities.
Industrial Waste 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.
Injection of Carbon Dioxide.... 211 Oil and gas extraction
projects using CO2
enhanced oil and gas
recovery.
211111 or Projects that inject
211112 acid gas containing
CO2 underground.
------------------------------------------------------------------------
Table 1 of this preamble is not intended to be exhaustive, but
rather provides a guide for readers regarding facilities likely to be
affected by this action and 40 CFR part 98. Table 1 of this preamble
lists the types of facilities that the EPA is now aware could be
potentially affected by this action. Other types of facilities not
listed in the table could also be affected. To determine whether your
facility is affected by this action, you should carefully examine the
applicability criteria found in 40 CFR part 98, subpart A, and other
subparts as necessary. If you have questions regarding the
applicability of this action to a particular facility, consult the
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
Table of Contents
I. Why is EPA issuing this Proposed Rule?
II. Does this action apply to me?
III. 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.
III. 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
The correction to 40 CFR part 2 would not impose any information
collection burden.
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
the amendments 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 today's proposed correction
to the citation in 40 CFR part 2 on small entities, I certify that this
action would not have a significant economic impact on a substantial
number of small entities. In determining whether a rule has a
[[Page 64058]]
significant economic impact on a substantial number of small entities,
the impact of concern is any significant adverse economic impact on
small entities, since the primary purpose of the regulatory flexibility
analyses is to identify and address regulatory alternatives ``which
minimize any significant economic impact of the rule on small
entities.'' 5 U.S.C. 603 and 604. Thus, an agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, or
otherwise has a positive economic effect on all of the small entities
subject to the rule.
This proposed rule would not impose any new requirement on small
entities that are not currently required by Part 98. The amendment to
40 CFR part 2 is administrative in nature. Therefore, this rule would
not have a significant economic impact on a substantial number of small
entities.
D. Unfunded Mandates Reform Act (UMRA)
This action contains no federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for state, local, or Tribal governments or the private
sector. The action would impose no enforceable duty on any state, local
or Tribal governments or the private sector. Therefore, this action is
not subject to the requirements of sections 202 or 205 of the UMRA.
This action 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 correction in
this proposed rule revises a citation reference in one section of 40
CFR part 2, subpart B to confirm the original intention of the
reference by correcting the citation to statutory authority.
E. Executive Order 13132: Federalism
This proposed change to 40 CFR part 2 would not have federalism
implications. It would 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.
However, for a more detailed discussion about how Part 98 relates to
existing state programs, please see Section II of the preamble to the
final part 98 rule (74 FR 56266).
The correction to 40 CFR part 2 is administrative in nature and
would apply to data reported under Part 98 by facilities that directly
emit GHGs or supply fuel or chemicals that may emit GHGs when used.
Part 98 does not apply to governmental entities unless the government
entity owns a facility that directly emits GHGs above threshold levels
such as large stationary combustion sources or landfills, so relatively
few government facilities would be affected. The change to 40 CFR part
2 also would not limit the power of states or local governments to
collect GHG data or regulate GHG emissions. Thus, Executive Order 13132
does not apply to this action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action is not expected to have Tribal implications, as
specified in Executive Order 13175 (65 FR 67249, November 9, 2000),
because this action is administrative in nature and would not impose
any new requirements on Tribes. Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The 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 would 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 a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. The amendments to 40 CFR part 2 are
administrative in nature and therefore would not have any adverse
impacts on energy supply, distribution, or use.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note)
directs the 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 the EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This proposed change to 40 CFR part 2 is administrative in nature
and would not involve technical standards. Therefore, the EPA did not
consider 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.
The EPA has determined that the proposed action would not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because the correction
noted would not affect the level of protection provided to human health
or the environment. The change to 40 CFR part 2 is administrative in
nature and therefore would not affect the level of protection provided
to human health or the environment.
List of Subjects in 40 CFR Part 2
Environmental protection, Administrative practice and procedure,
Reporting and recordkeeping requirements.
Dated: October 11, 2011.
Lisa P. Jackson,
Administrator.
[FR Doc. 2011-26765 Filed 10-14-11; 8:45 am]
BILLING CODE 6560-50-P
