Special Rules Governing Certain Information Obtained Under the Clean Air Act: Technical Correction, 64010-64015 [2011-26766]
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64010
Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Rules and Regulations
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or Tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminates
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
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Indian Tribal Governments
This rule does not have Tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
Tribes, on the relationship between the
Federal Government and Indian Tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
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require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that this action is one
of a category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(32)(e), of the Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 117.587, revise paragraphs (a)
introductory text and (a)(1) to read as
follows:
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Apponagansett River.
(a) The draw of the Padanaram Bridge,
mile 1.0, shall open on signal from 1
May through 31 October, between 6 a.m.
and 9 p.m., daily, as follows:
(1) The bridge shall open on signal,
twice an hour, on the hour and half
hour between 6 a.m. and 9 a.m. and
between 8 p.m. and 9 p.m.
*
*
*
*
*
Dated: September 16, 2011.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2011–26545 Filed 10–14–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 2
[EPA–HQ–OAR–2009–0924; FRL–9479–8]
Special Rules Governing Certain
Information Obtained Under the Clean
Air Act: Technical Correction
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The EPA is taking direct final
action to correct an erroneous reference
in EPA’s procedures for handling data
required under the Mandatory
Greenhouse Gas Reporting Rule, which
are provided in the Special Rules
Governing Certain Information Obtained
Under the Clean Air Act. This
correction does not change any
requirements for entities regulated
under the Mandatory Greenhouse Gas
Reporting Rule or the final
confidentiality determinations that EPA
has made for such data.
DATES: This rule is effective on
December 1, 2011 without further
notice, unless the EPA receives adverse
comment by November 16, 2011. If we
receive adverse comment by this date,
we will publish a timely withdrawal
notice in the Federal Register to inform
the public that this rule will not take
effect.
SUMMARY:
Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2009–0924, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• E-mail: GHGReportingCBI@epa.gov.
• Fax: (202) 566–1741.
• Mail: Environmental Protection
Agency, EPA Docket Center (EPA/DC),
Mailcode 6102T, Attention Docket ID
ADDRESSES:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
■
§ 117.587
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No. EPA–HQ–OAR–2009–0924, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460.
• Hand Delivery: EPA Docket Center,
Public Reading Room, EPA West
Building, Room 3334, 1301 Constitution
Avenue, NW., Washington, DC 20004.
Such deliveries are only accepted
during the Docket’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2009–
0924. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be confidential
business information (CBI) or other
information for which disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means that the EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to the EPA without
going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, the EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If the EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, the EPA may not
be able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about the EPA’s public docket, visit the
EPA Docket Center homepage at
https://www.epa.gov/epahome/
dockets.htm.
Docket: 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., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically at https://
www.regulations.gov or in hard copy at
the Air Docket office, EPA/DC, EPA
West, Room B102, 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 Web site https://www.epa.gov/
climatechange/emissions/
ghgrulemaking.html. To submit a
question, select Rule Help Center, then
select Contact Us.
SUPPLEMENTARY INFORMATION:
Why is EPA using a direct final rule?
The EPA is publishing this rule
without a prior proposal because we
view this as a noncontroversial action
and anticipate no adverse comment.
This change simply revises one section
of 40 CFR part 2, subpart B, to correct
and clarify a reference. This correction
does not alter the requirements for
64011
entities regulated by the Mandatory
Greenhouse Gas Reporting Rule (40 CFR
part 98, hereinafter ‘‘part 98’’), nor does
it affect the final confidentiality
determinations for part 98 data that EPA
has made through rulemaking. However,
in the ‘‘Proposed Rules’’ section of
today’s Federal Register, we are
publishing a separate notice that will
serve as the proposed rule for this
correction should EPA receive adverse
comment on this direct final rule. We
will not 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 about commenting
on this rule, see the ADDRESSES section
of this document.
If the EPA receives adverse comment,
we will publish a timely withdrawal
notice in the Federal Register to inform
the public that this direct final rule will
not take effect. In that case, we would
address all public comments in any
subsequent final rule based on the
proposed rule.
Submitting CBI. Do not submit CBI to
the EPA through https://
www.regulations.gov or by e-mail.
Clearly mark the part or all of the
information that you claim to be CBI.
For CBI information in a disk or CD–
ROM that you mail to the EPA, mark the
outside of the disk or CD–ROM as CBI
and then identify electronically within
the disk or CD–ROM the specific
information that is claimed as CBI. In
addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
Information marked as CBI will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
Does this action apply to me?
The entities potentially affected by
this final rule include those listed in
Table 1 of this preamble:
TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY
NAICS
Examples of affected facilities
General Stationary Fuel Combustion Sources.
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Category
..........................
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.
Manufacturers of rubber and miscellaneous plastic products.
Steel works, blast furnaces.
Electroplating, plating, polishing, anodizing, and coloring.
Manufacturers of motor vehicle parts and accessories.
211
321
322
325
324
316, 326, 339
331
332
336
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Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Rules and Regulations
TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY—Continued
Category
NAICS
221
622
611
221112
Electricity Generation ...............
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
325120
HCFC–22 Production and
HFC–23 Destruction.
Hydrogen Production ...............
Iron and Steel Production ........
325120
331111
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.
331419
331492
327410
331419
331492
325311
486210
Electrical Transmission and
Distribution Equipment Use.
Titanium Dioxide Production ....
Underground Coal Mines .........
Zinc Production ........................
Municipal Solid Waste Landfills
Industrial Wastewater Treatment.
Suppliers of Coal Based Liquids Fuels.
Suppliers of Petroleum Products.
Suppliers of Natural Gas and
NGLs.
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Natural gas distribution facilities.
211112
Silicon Carbide Production ......
Soda Ash Manufacturing .........
Petroleum refineries.
221210
Petroleum Refineries ...............
Phosphoric Acid Production .....
Pulp and Paper Manufacturing
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.
324110
Petrochemical Production ........
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.
322121
322122
322130
311611
311411
311421
325193
211111
Nitric Acid Production ..............
Petroleum and Natural Gas
Systems.
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.
325188
212113
212112
331419
331492
562212
221320
322110
Lime Manufacturing .................
Magnesium Production ............
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.
221210
211
211112
32511
325199
325110
325182
324110
325312
322110
322121
322130
327910
325181
212391
221121
Lead Production .......................
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Examples of affected facilities
Natural gas liquid extraction facilities.
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64013
TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY—Continued
Category
NAICS
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.
Geologic Sequestration of Carbon Dioxide.
Electrical Equipment Manufacture or Refurbishment.
Industrial Waste Landfills .........
Injection of Carbon Dioxide .....
325120
Industrial gas manufacturing facilities.
325120
Industrial gas manufacturing facilities.
423730
Air-conditioning equipment (except room units) merchant wholesalers.
333415
336391
423620
443111
423730
326150
335313
423610
N/A
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.
33531
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Table of Contents
I. Background of Final Rule
II. What is the technical correction to 40 CFR
2.301(d)?
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
12:28 Oct 14, 2011
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.
562212
221320
322110
322121
322122
322130
311611
311411
311421
211
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
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.
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Examples of affected facilities
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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 of Final Rule
On May 26, 2011, the EPA published
the Final Confidentiality Determinations
for Data Required Under the Mandatory
Greenhouse Gas Reporting Rule and
Amendments to Special Rules
Governing Certain Information Obtained
Under the Clean Air Act (76 FR 30782).
In that final rule, pursuant to CAA
section 114(c), the EPA made
confidentiality determinations for
certain data elements in part 98. The
EPA made these determinations through
rulemaking pursuant to CAA section
307(d). (See 76 FR 30782: ‘‘The
Administrator determined that this
action is subject to the provisions of the
Clean Air Act (CAA) section 307(d).’’)
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In addition, in the same notice, the
EPA amended 40 CFR 2.301 by adding
a new subsection 2.301(d) that
establishes specific procedures for the
EPA’s handling of data collected under
part 98 in accordance with the EPA’s
final confidentiality determinations for
the data. (See 76 FR 30782, 30784,
30815 (May 26, 2011); see also 75 FR
39094, 39098, 39102–03 (July 7, 2010).)
Subsection 2.301(d) authorizes the EPA
to release or withhold as confidential
data collected under part 98 based on
confidentiality determinations EPA
makes through rulemaking without
taking further procedural steps.
II. What is the technical correction to
40 CFR 2.301(d)?
This direct final rule corrects a minor
technical error in 40 CFR 2.301(d).
Specifically, paragraph (d) erroneously
cites the Administrative Procedure Act
(hereinafter referred to as ‘‘APA’’), 5
U.S.C. 553(c), instead of CAA section
307(d), as the authority under which
confidentiality determinations for part
98 data are made. This action corrects
the erroneous reference.1
It is clear from the preambles to both
the proposed and final confidentiality
1 Paragraph (d) also references CAA section
307(d), which is correct.
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Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Rules and Regulations
determinations rule and the
accompanying amendment to 40 CFR
2.301 that the procedures established
under 40 CFR 2.301(d) relate to
confidentiality determinations made in
that rule, which were made under CAA
sections 114(c) and 307(d). The public
comments on that rulemaking also
indicated this understanding (see, e.g.,
comment EPA–HQ–OAR–2009–0924–
0064.1, comment excerpt 6). However,
40 CFR 2.301(d) inadvertently cites 5
U.S.C. 553(c) instead of CAA 307(d) in
its reference to the final confidentiality
determination rule. While there appears
to be no confusion due to this error,
EPA believes that we should make this
correction to avoid any potential for
confusion in the future.
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 does
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
correction to the citation in 40 CFR part
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2 on small entities, I certify that this
action will not have a significant
economic impact on a substantial
number of small entities. In determining
whether a rule has a 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 rule will not impose any new
requirement on small entities that are
not currently required by part 98. The
amendments to 40 CFR part 2 are
administrative in nature. Therefore, this
rule does 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 imposes 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 final 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 change to 40 CFR part 2 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. However, for a
more detailed discussion about how
part 98 relates to existing state
programs, please see Section II of the
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preamble to the final part 98 rule (74 FR
56266).
The correction to 40 CFR part 2 is
administrative in nature and applies 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 emit 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 does 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 correction.
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 does 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 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 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
do 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)
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Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Rules and Regulations
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 change to 40 CFR part 2 is
administrative in nature and does not
involve technical standards. Therefore,
the EPA did not consider the use of any
voluntary consensus standards.
rmajette on DSK29S0YB1PROD with RULES
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
direct final action will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because the correction noted does 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
does not affect the level of protection
provided to human health or the
environment.
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
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. The 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
VerDate Mar<15>2010
12:28 Oct 14, 2011
Jkt 226001
64015
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 December 1, 2011.
ENVIRONMENTAL PROTECTION
AGENCY
List of Subjects in 40 CFR Part 2
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Adoption of Control
Techniques Guidelines for Drum and
Pail Coatings
Environmental protection,
Administrative practice and procedure,
Reporting and recordkeeping
requirements.
Environmental Protection
Agency (EPA).
ACTION: Final rule.
For the reasons stated in the
preamble, title 40, chapter I, of the Code
of Federal Regulations is amended as
follows:
PART 2—[AMENDED]
1. The authority citation for part 2
continues to read as follows:
■
Authority: 5 U.S.C. 301, 552 (as amended),
553; sec. 114, Clean Air Act (as amended) (42
U.S.C. 7414).
Subpart B—[Amended]
[Amended]
2. Section 2.301 is amended by:
a. In paragraph (d)(1) introductory
text, revising the phrase ‘‘pursuant to
section 114(c) of the Clean Air Act and
5 U.S.C. 553(c)’’ to read ‘‘pursuant to
sections 114(c) and 307(d) of the Clean
Air Act’’.
■ b. In the first sentence of paragraph
(d)(2), revising the phrase ‘‘pursuant to
section 114(c) of the Clean Air Act and
5 U.S.C. 553(c)’’ to read ‘‘pursuant to
sections 114(c) and 307(d) of the Clean
Air Act’’.
■ c. In the first sentence of paragraph
(d)(3), revising the phrase ‘‘pursuant to
section 114(c) of the Clean Air Act and
5 U.S.C. 553(c)’’ to read ‘‘pursuant to
sections 114(c) and 307(d) of the Clean
Air Act’’.
■ d. In the second sentence of paragraph
(d)(4) introductory text, revising the
phrase ‘‘pursuant to section 114(c) of
the Clean Air Act and 5 U.S.C. 553(c)’’
to read ‘‘pursuant to sections 114(c) and
307(d) of the Clean Air Act’’.
■ e. In paragraph (d)(4)(i), revising the
phrase ‘‘pursuant to section 114(c) of
the Clean Air Act and 5 U.S.C. 553(c)’’
to read ‘‘pursuant to sections 114(c) and
307(d) of the Clean Air Act’’.
■
■
[FR Doc. 2011–26766 Filed 10–14–11; 8:45 am]
BILLING CODE 6560–50–P
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[EPA–R03–OAR–2011–0610; FRL–9479–4]
AGENCY:
Dated: October 11, 2011.
Lisa P. Jackson,
Administrator.
§ 2.301
40 CFR Part 52
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maryland.
This SIP revision includes amendments
to the Code of Maryland (COMAR)
26.11.19.13, Volatile Organic
Compounds from Specific Processes,
Drum and Pail Coating. Maryland’s SIP
revision meets the requirement to adopt
Reasonably Available Control
Technology (RACT) for sources covered
by EPA’s Control Techniques
Guidelines (CTG) standards for drum
and pail coatings and will help
Maryland attain and maintain the
National Ambient Air Quality Standard
(NAAQS) for ozone. EPA is approving
this revision concerning the adoption of
the CTG requirements for drum and pail
coatings in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
Effective Date: This final rule is
effective on November 16, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2011–0610. All
documents in the docket are listed in
the https://www.regulations.gov website.
Although listed in the electronic docket,
some information is not publicly
available, i.e., 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 for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Maryland Department of
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
DATES:
E:\FR\FM\17OCR1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Rules and Regulations]
[Pages 64010-64015]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26766]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 2
[EPA-HQ-OAR-2009-0924; FRL-9479-8]
Special Rules Governing Certain Information Obtained Under the
Clean Air Act: Technical Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is taking direct final action to correct an erroneous
reference in EPA's procedures for handling data required under the
Mandatory Greenhouse Gas Reporting Rule, which are provided in the
Special Rules Governing Certain Information Obtained Under the Clean
Air Act. This correction does not change any requirements for entities
regulated under the Mandatory Greenhouse Gas Reporting Rule or the
final confidentiality determinations that EPA has made for such data.
DATES: This rule is effective on December 1, 2011 without further
notice, unless the EPA receives adverse comment by November 16, 2011.
If we receive adverse comment by this date, we will publish a timely
withdrawal notice in the Federal Register to inform the public that
this rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0924, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
E-mail: GHGReportingCBI@epa.gov.
Fax: (202) 566-1741.
Mail: Environmental Protection Agency, EPA Docket Center
(EPA/DC), Mailcode 6102T, Attention Docket ID
[[Page 64011]]
No. EPA-HQ-OAR-2009-0924, 1200 Pennsylvania Avenue, NW., Washington, DC
20460.
Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC
20004. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2009-0924. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be confidential business information (CBI) or other information for
which disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means that the EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an e-mail comment directly to the EPA
without going through https://www.regulations.gov, your e-mail address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the Internet. If
you submit an electronic comment, the EPA recommends that you include
your name and other contact information in the body of your comment and
with any disk or CD-ROM you submit. If the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should avoid the use of special characters, any form of encryption, and
be free of any defects or viruses. For additional information about the
EPA's public docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: 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., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at https://www.regulations.gov or in hard copy at the Air Docket office,
EPA/DC, EPA West, Room B102, 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 Web site https://www.epa.gov/climatechange/emissions/ghgrulemaking.html. To submit a question, select Rule Help
Center, then select Contact Us.
SUPPLEMENTARY INFORMATION:
Why is EPA using a direct final rule?
The EPA is publishing this rule without a prior proposal because we
view this as a noncontroversial action and anticipate no adverse
comment. This change simply revises one section of 40 CFR part 2,
subpart B, to correct and clarify a reference. This correction does not
alter the requirements for entities regulated by the Mandatory
Greenhouse Gas Reporting Rule (40 CFR part 98, hereinafter ``part
98''), nor does it affect the final confidentiality determinations for
part 98 data that EPA has made through rulemaking. However, in the
``Proposed Rules'' section of today's Federal Register, we are
publishing a separate notice that will serve as the proposed rule for
this correction should EPA receive adverse comment on this direct final
rule. We will not 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
about commenting on this rule, see the ADDRESSES section of this
document.
If the EPA receives adverse comment, we will publish a timely
withdrawal notice in the Federal Register to inform the public that
this direct final rule will not take effect. In that case, we would
address all public comments in any subsequent final rule based on the
proposed rule.
Submitting CBI. Do not submit CBI to the EPA through https://www.regulations.gov or by e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information marked as CBI will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2.
Does this action apply to me?
The entities potentially affected by this final rule include those
listed in Table 1 of this preamble:
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:
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.
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.
[[Page 64012]]
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 Destruction..... 325120 Chlorodifluoromethane 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 Systems............. 486210 Pipeline 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 Distribution 221121 Electric bulk power transmission and control
Equipment Use. 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 Liquids Fuels......... 211111 Coal liquefaction at mine sites.
Suppliers of Petroleum Products............... 324110 Petroleum refineries.
Suppliers of Natural Gas and NGLs............. 221210 Natural gas distribution facilities.
211112 Natural gas liquid extraction facilities.
[[Page 64013]]
Suppliers of Industrial Greenhouse Gases...... 325120 Industrial gas manufacturing facilities.
Suppliers of Carbon Dioxide (CO2)............. 325120 Industrial gas manufacturing facilities.
Importers and Exporters of Fluorinated 423730 Air-conditioning equipment (except room units)
Greenhouse Gases in Pre-charged Equipment or merchant wholesalers.
Closed-Cell Foams.
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 Carbon Dioxide...... N/A CO2 geologic sequestration projects.
Electrical Equipment Manufacture or 33531 Power transmission and distribution switchgear
Refurbishment. 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 acid gas containing CO2
211112 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
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. Background of Final Rule
II. What is the technical correction to 40 CFR 2.301(d)?
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
K. Congressional Review Act
I. Background of Final Rule
On May 26, 2011, the EPA published the Final Confidentiality
Determinations for Data Required Under the Mandatory Greenhouse Gas
Reporting Rule and Amendments to Special Rules Governing Certain
Information Obtained Under the Clean Air Act (76 FR 30782). In that
final rule, pursuant to CAA section 114(c), the EPA made
confidentiality determinations for certain data elements in part 98.
The EPA made these determinations through rulemaking pursuant to CAA
section 307(d). (See 76 FR 30782: ``The Administrator determined that
this action is subject to the provisions of the Clean Air Act (CAA)
section 307(d).'')
In addition, in the same notice, the EPA amended 40 CFR 2.301 by
adding a new subsection 2.301(d) that establishes specific procedures
for the EPA's handling of data collected under part 98 in accordance
with the EPA's final confidentiality determinations for the data. (See
76 FR 30782, 30784, 30815 (May 26, 2011); see also 75 FR 39094, 39098,
39102-03 (July 7, 2010).) Subsection 2.301(d) authorizes the EPA to
release or withhold as confidential data collected under part 98 based
on confidentiality determinations EPA makes through rulemaking without
taking further procedural steps.
II. What is the technical correction to 40 CFR 2.301(d)?
This direct final rule corrects a minor technical error in 40 CFR
2.301(d). Specifically, paragraph (d) erroneously cites the
Administrative Procedure Act (hereinafter referred to as ``APA''), 5
U.S.C. 553(c), instead of CAA section 307(d), as the authority under
which confidentiality determinations for part 98 data are made. This
action corrects the erroneous reference.\1\
---------------------------------------------------------------------------
\1\ Paragraph (d) also references CAA section 307(d), which is
correct.
---------------------------------------------------------------------------
It is clear from the preambles to both the proposed and final
confidentiality
[[Page 64014]]
determinations rule and the accompanying amendment to 40 CFR 2.301 that
the procedures established under 40 CFR 2.301(d) relate to
confidentiality determinations made in that rule, which were made under
CAA sections 114(c) and 307(d). The public comments on that rulemaking
also indicated this understanding (see, e.g., comment EPA-HQ-OAR-2009-
0924-0064.1, comment excerpt 6). However, 40 CFR 2.301(d) inadvertently
cites 5 U.S.C. 553(c) instead of CAA 307(d) in its reference to the
final confidentiality determination rule. While there appears to be no
confusion due to this error, EPA believes that we should make this
correction to avoid any potential for confusion in the future.
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 does 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 correction to the
citation in 40 CFR part 2 on small entities, I certify that this action
will not have a significant economic impact on a substantial number of
small entities. In determining whether a rule has a 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 rule will not impose any new requirement on small entities
that are not currently required by part 98. The amendments to 40 CFR
part 2 are administrative in nature. Therefore, this rule does 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 imposes 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 final 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 change to 40 CFR part 2 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. 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
applies 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 emit 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 does 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 correction.
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 does 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 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 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 do 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)
[[Page 64015]]
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 change to 40 CFR part 2 is administrative in nature and does
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 direct final action will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because the correction
noted does 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 does not affect the level of protection provided
to human health or the environment.
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 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. The 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 December 1, 2011.
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.
For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is amended as follows:
PART 2--[AMENDED]
0
1. The authority citation for part 2 continues to read as follows:
Authority: 5 U.S.C. 301, 552 (as amended), 553; sec. 114, Clean
Air Act (as amended) (42 U.S.C. 7414).
Subpart B--[Amended]
Sec. 2.301 [Amended]
0
2. Section 2.301 is amended by:
0
a. In paragraph (d)(1) introductory text, revising the phrase
``pursuant to section 114(c) of the Clean Air Act and 5 U.S.C. 553(c)''
to read ``pursuant to sections 114(c) and 307(d) of the Clean Air
Act''.
0
b. In the first sentence of paragraph (d)(2), revising the phrase
``pursuant to section 114(c) of the Clean Air Act and 5 U.S.C. 553(c)''
to read ``pursuant to sections 114(c) and 307(d) of the Clean Air
Act''.
0
c. In the first sentence of paragraph (d)(3), revising the phrase
``pursuant to section 114(c) of the Clean Air Act and 5 U.S.C. 553(c)''
to read ``pursuant to sections 114(c) and 307(d) of the Clean Air
Act''.
0
d. In the second sentence of paragraph (d)(4) introductory text,
revising the phrase ``pursuant to section 114(c) of the Clean Air Act
and 5 U.S.C. 553(c)'' to read ``pursuant to sections 114(c) and 307(d)
of the Clean Air Act''.
0
e. In paragraph (d)(4)(i), revising the phrase ``pursuant to section
114(c) of the Clean Air Act and 5 U.S.C. 553(c)'' to read ``pursuant to
sections 114(c) and 307(d) of the Clean Air Act''.
[FR Doc. 2011-26766 Filed 10-14-11; 8:45 am]
BILLING CODE 6560-50-P
