Greenhouse Gas Reporting Rule: Revision to Best Available Monitoring Method Request Submission Deadline for Petroleum and Natural Gas Systems Source Category, 25392-25396 [2013-10184]
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Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Rules and Regulations
§ 9.1 OMB approvals under the Paperwork
Reduction Act.
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OMB Control
No.
40 CFR Citation
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[FR Doc. 2013–10306 Filed 4–30–13; 8:45 am]
BILLING CODE 6560–50–P
Significant New Uses of Chemical
Substances
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721.10308 .............................
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ENVIRONMENTAL PROTECTION
AGENCY
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2070–0012
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§ 721.125(a), (b), (c), and (i) are
applicable to manufacturers, importers,
and processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
40 CFR Part 98
[EPA–HQ–OAR–2011–0417; FRL–9806–7]
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RIN 2060–AR74
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3. The authority citation for part 721
continues to read as follows:
Greenhouse Gas Reporting Rule:
Revision to Best Available Monitoring
Method Request Submission Deadline
for Petroleum and Natural Gas
Systems Source Category
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
AGENCY:
PART 721—[AMENDED]
■
Environmental Protection
Agency (EPA).
ACTION: Final rule.
4. Add § 721.10308 to subpart E to
read as follows:
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§ 721.10308 Ethoxylated, propoxylated
diamine diaryl substituted phenylmethane
ester with alkenylsuccinate,
dialkylethanolamine salt (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as ethoxylated, propoxylated
diamine diaryl substituted
phenylmethane ester with
alkenylsuccinate, dialkylethanolamine
salt (PMN P–01–384) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(j) (ink colorant).
(ii) [Reserved]
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
SUMMARY: The EPA is revising the
deadline by which owners or operators
of facilities subject to the petroleum and
natural gas systems source category of
the Greenhouse Gas Reporting Rule
must submit requests for use of best
available monitoring methods to the
Administrator. This revision does not
change any other requirements for
owners or operators as outlined in the
best available monitoring method rule
provisions.
This final rule is effective on
May 31, 2013.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2011–0417. 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, is not placed on
DATES:
the Internet and is publicly available
only in hard copy. Publicly available
docket materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air Docket, EPA/DC, EPA West
Building, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. This Docket
Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number
for the Public Reading Room is (202)
566–1744, and the telephone number for
the Air Docket is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT:
Carole Cook, Climate Change Division,
Office of Atmospheric Programs (MC–
6207J), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone
number: (202) 343–9263; fax number:
(202) 343–2342; email address:
GHGReportingRule@epa.gov. For
technical information and
implementation materials, please go to
the Greenhouse Gas Reporting Rule
Program Web site at https://
www.epa.gov/ghgreporting/.
To submit a question, select Help
Center.
Worldwide Web (WWW). In addition
to being available in the docket, an
electronic copy of this final rule will
also be available through the WWW.
Following the Administrator’s signature,
a copy of this action will be posted on
the EPA’s Greenhouse Gas Reporting
Program Web site at https://
www.epa.gov/ghgreporting/reporters/
notices/.
SUPPLEMENTARY INFORMATION:
Regulated Entities. The Administrator
determined that this action is subject to
the provisions of Clean Air Act (CAA)
section 307(d). See CAA section
307(d)(1)(V) (the provisions of section
307(d) apply to ‘‘such other actions as
the Administrator may determine’’).
This final rule affects owners or
operators of petroleum and natural gas
systems. Regulated categories and
affected entities may include those
listed in Table 1 of this preamble:
TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY
Category
NAICS
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Petroleum and Natural Gas Systems ........................................................
Table 1 of this preamble is not
intended to be exhaustive, but rather
lists the types of facilities that the EPA
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221210
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Examples of affected facilities
Pipeline transportation of natural gas.
Natural gas distribution facilities.
Extractors of crude petroleum and natural gas.
Natural gas liquid extraction facilities.
is now aware could be potentially
affected by the reporting requirements.
Other types of facilities not listed in the
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table could also be affected. To
determine whether you are affected by
this action, you should carefully
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examine the applicability criteria found
in 40 CFR part 98, subpart A or the
relevant criteria in the sections related
to direct emitters of GHGs. 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.
Judicial Review. Under section
307(b)(1) of the CAA, judicial review of
this final rule is available only by filing
a petition for review in the U.S. Court
of Appeals for the District of Columbia
Circuit (the Court) by July 1, 2013.
Under CAA section 307(d)(7)(B), only
an objection to this final rule that was
raised with reasonable specificity
during the period for public comment
can be raised during judicial review.
Section 307(d)(7)(B) of the CAA also
provides a mechanism for the EPA to
convene a proceeding for
reconsideration, ‘‘[i]f the person raising
an objection can demonstrate to EPA
that it was impracticable to raise such
objection within [the period for public
comment] or if the grounds for such
objection arose after the period for
public comment (but within the time
specified for judicial review) and if such
objection is of central relevance to the
outcome of the rule.’’ Any person
seeking to make such a demonstration to
us should submit a Petition for
Reconsideration to the Office of the
Administrator, Environmental
Protection Agency, Room 3000, Ariel
Rios Building, 1200 Pennsylvania Ave.
NW., Washington, DC 20460, with a
copy to the person listed in the
preceding FOR FURTHER INFORMATION
CONTACT section, and the Associate
General Counsel for the Air and
Radiation Law Office, Office of General
Counsel (Mail Code 2344A),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20004. Note, under CAA section
307(b)(2), the requirements established
by this final rule may not be challenged
separately in any civil or criminal
proceedings brought by the EPA to
enforce these requirements.
Acronyms and Abbreviations. The
following acronyms and abbreviations
are used in this document.
OMB Office of Management and Budget
QA/QC quality assurance/quality control
RFA Regulatory Flexibility Act
U.S. United States
UMRA Unfunded Mandates Reform Act of
1995
WWW World Wide Web
CAA Clean Air Act
CBI confidential business information
CFR Code of Federal Regulations
EPA U.S. Environmental Protection Agency
FR Federal Register
GHG greenhouse gas
GHGRP Greenhouse Gas Reporting Program
CO2e carbon dioxide equivalent
NAICS North American Industry
Classification System
NTTAA National Technology Transfer and
Advancement Act
B. Background on the Final Rule
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Organization of This Preamble. The
following outline is provided to aid in
locating information in this preamble.
I. Background
A. Organization of This Preamble
B. Background on the Final Rule
C. Legal Authority
II. Final Amendments and Responses to
Public Comments
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
A. Organization of This Preamble
This preamble consists of three
sections. The first section provides
background on 40 CFR part 98, subpart
W and describes the purpose and legal
authority for this action. The second
section of this preamble summarizes the
revision made to the specific
requirement in the petroleum and
natural gas systems (subpart W) source
category of 40 CFR part 98 and
comments received. The third section of
this preamble discusses the various
statutory and executive order
requirements applicable to this
rulemaking.
On November 30, 2010 (75 FR 74459)
the EPA finalized the Petroleum and
Natural Gas Systems source category,
subpart W, of the Greenhouse Gas
Reporting Rule. As part of that rule, the
EPA finalized detailed provisions in 40
CFR 98.234(f), allowing for owners or
operators to use best available
monitoring methods for specified
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parameters in 40 CFR 98.233 where
additional time is needed to comply
with the monitoring and quality
assurance/quality control (QA/QC)
requirements as outlined in the rule. In
these cases, owners or operators are
given the flexibility, upon approval, to
estimate parameters for equations in 40
CFR 98.233 by using supplier data,
engineering calculations, other company
records or monitoring methods
currently used by the facility that do not
meet the specifications of subpart W.
On February 19, 2013, the EPA
published a direct final rule (78 FR
11585) and a parallel proposal (78 FR
11619) to amend the deadline for
submitting best available monitoring
method requests to the Administrator
from September 30 to June 30 of the
year prior to the reporting year for
which use of BAMM is sought. In those
actions, the EPA stated that if an
adverse comment were received, a
timely withdrawal notice would be
published in the Federal Register
informing the public that the direct final
rule would not take effect and that the
EPA would address comments in any
subsequent final rule based on the
parallel proposal. On April 2, 2013, the
direct final rule was withdrawn (78 FR
19605) due to potentially adverse
comment received on the direct final
rule. Based on the comments received,
EPA is finalizing the amendment as
proposed. Responses to comments
received are addressed below and can
be found in the document, ‘‘Response to
Comments: Greenhouse Gas Reporting
Rule: Revision to Best Available
Monitoring Method Request Submission
Deadline for Petroleum and Natural Gas
Systems Source Category’’ (see EPA–
HQ–OAR–2011–0417).
C. Legal Authority
The EPA is promulgating this rule
amendment under its existing CAA
authority, specifically authorities
provided in CAA section 114. As stated
in the preamble to the 2009 final rule
(74 FR 56260, October 30, 2009) and the
Response to Comments on the April 10,
2009 initial proposed rule,1 Volume 9,
Legal Issues, CAA section 114 provides
the EPA broad authority to require the
information proposed to be gathered by
this rule because such data would
inform and are relevant to the EPA’s
carrying out a wide variety of CAA
provisions. As discussed in the
preamble to the initial proposed rule (74
FR 16448, April 10, 2009), CAA section
114(a)(1) authorizes the Administrator
to require emissions sources, persons
1 See https://www.epa.gov/climatechange/
emissions/responses.html.
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subject to the CAA, manufacturers of
control or process equipment, or
persons who the Administrator believes
may have necessary information to
monitor and report emissions and
provide such other information the
Administrator requests for the purposes
of carrying out any provision of the
CAA. For further information about the
EPA’s legal authority, see the preambles
to the 2009 proposed and final rules and
EPA’s Response to Comments, Volume
9.
II. Final Amendments and Responses to
Public Comments
In this action, the EPA is finalizing
the amendment to the deadline for
submitting Subpart W best available
monitoring method requests to the
Administrator from September 30 to
June 30 of the year prior to the reporting
year for which use of BAMM is sought.
Specifically, the EPA is revising the last
sentence in 40 CFR 98.234(f)(8)(i) to
replace the date ‘‘September 30’’ with
the date ‘‘June 30’’ so that the sentence
now reads ‘‘For reporting years after
2012, a new request to use best available
monitoring methods must be submitted
by June 30th of the year prior to the
reporting year for which use of best
available monitoring methods is
sought.’’ The EPA is not finalizing any
other amendments to provisions related
to best available monitoring methods or
other parts of subpart W in this action.
After evaluation of comments
received, the EPA has determined that
the amendment to the rule should
become final as proposed. A brief
summary of comments received and our
responses are provided below. The
EPA’s responses to all comments can be
found in the document ‘‘Response to
Comments: Greenhouse Gas Reporting
Rule: Revision to Best Available
Monitoring Method Request Submission
Deadline for Petroleum and Natural Gas
Systems Source Category’’ (see EPA–
HQ–OAR–2011–0417).
One commenter stated that the EPA
should not implement the direct final
action. This commenter did not
explicitly state why the action should
not be implemented, nor did the
commenter state any specific concerns
with the amendment. Without any
further information why the amendment
should not be implemented, the EPA is
maintaining its position that the
amendment to the rule as proposed
should become final. The EPA
continues to conclude that this
amendment would have minimal
adverse impact on owners or operators
requesting to use best available
monitoring methods in future years. As
stated in the direct final rule and
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associated co-proposal, the EPA believes
that this amendment will provide
additional certainty to reporters prior to
the upcoming reporting year for which
the use of best available monitoring
methods are sought. Additionally,
finalizing this amendment results in a
more appropriate time frame for
comprehensively reviewing and
processing submitted requests and
allowing the EPA to notify all owners
and operators of final determinations in
a timely manner.
The EPA also received a comment
that is beyond the scope of this
rulemaking as explained in the
Response to Comments document.
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
This action does not impose any new
information collection burden. This
amendment affects a provision in the
rule related to the date of submission for
best available monitoring method
requests and does not affect what is
submitted in those request or any
associated burden with submitting those
requests. However, the Office of
Management and Budget (OMB) has
previously approved the information
collection requirements contained in the
existing regulations, 40 CFR part 98
subpart W (75 FR 74458), under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. and has
assigned OMB control number 2060–
0651. The OMB control numbers for the
EPA’s regulations in 40 CFR are listed
in 40 CFR part 9.
C. Regulatory Flexibility Act
The RFA generally requires an agency
to prepare a regulatory flexibility
analysis of any rule subject to notice
and comment rulemaking requirements
under the Administrative Procedure Act
or any other statute unless the agency
certifies that the rule will not have a
significant economic impact on a
substantial number of small entities.
Small entities include small businesses,
small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts
of this final rule on small entities, small
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entity is defined as: (1) A small business
as defined by the Small Business
Administration’s regulations at 13 CFR
121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of these rule amendments on
small entities, I certify that this action
will not have a significant economic
impact on a substantial number of small
entities. 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 analysis is to
identify and address regulatory
alternatives ‘‘which minimize any
significant economic impacts of the rule
on small entities.’’ 5 U.S.C. 603 and 604.
Thus, an agency may certify that the
rule will not have a significant
economic impact on a substantial
number of small entities if the rule
relives regulatory burden, or otherwise
has a positive economic effect on all of
the small entities subject to the rule.
The EPA anticipates that this
amendment would result in greater
certainty to reporters choosing to submit
best available monitoring method
requests to the EPA for use in future
years.
D. Unfunded Mandates Reform Act
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, and tribal
governments or the private sector. This
action imposes no enforceable duty on
any State, local or tribal governments or
the private sector. Thus, the
amendments in this action are not
subject to the requirements of section
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.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
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levels of government, as specified in
Executive Order 13132.
This action applies to an optional
provision in the final rule for subpart W,
which in turn applies to petroleum and
natural gas facilities that emit
greenhouse gases. Few, if any, State or
local government facilities would be
affected. This action also does not limit
the power of States or localities to
collect GHG data and/or regulate GHG
emissions. Thus, Executive Order 13132
does not apply to this action.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000). Further, this action would not
result in any changes to the current
requirements of 40 CFR part 98 subpart
W and only applies to optional
provisions in 40 CFR part 98 subpart W.
Thus, Executive Order 13175 does not
apply to this action.
Although Executive Order 13175 does
not apply to this action, the EPA sought
opportunities to provide information to
Tribal governments and representatives
during the development of the rule for
subpart W promulgated on November
30, 2010. A summary of the EPA’s
consultations with Tribal officials is
provided in Sections VIII.E and VIII.F of
the preamble to the 2009 final rule and
Section IV.F of the preamble to the 2010
final rule for subpart W (75 FR 74485).
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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 subject to Executive
Order 13211 (66 FR 28355, May 22,
2001), because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
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Act of 1995 (NTTAA), Public Law 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 action does not involve technical
standards. Therefore, the EPA is not
considering the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes Federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
The EPA has determined that this
action will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment because it is a rule
addressing information collection and
reporting procedures.
K. Congressional Review Act
The Congressional Review At, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996 (SBREFA),
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 the
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the U.S. A
major rule cannot take effect until 60
days after it is published in the Federal
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25395
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2). This
rule is effective on May 31, 2013.
List of Subjects in 40 CFR Part 98
Environmental protection,
Administrative practice and procedures,
Air pollution control, Greenhouse gases,
Monitoring, Reporting and
recordkeeping requirements.
Dated: April 24, 2013.
Bob Perciasepe,
Acting Administrator.
For the reasons discussed in the
preamble, title 40, chapter I, of the Code
of Federal Regulations is amended as
follows:
PART 98—[AMENDED]
1. The authority citation for part 98
continues to read as follows:
■
Authority: 42 U.S.C. 7401–7671q.
Subpart—W [Amended]
2. Section 98.234 is amended by
revising paragraph (f)(8)(i) to read as
follows:
■
§ 98.234 Monitoring and QA/QC
Requirements
*
*
*
*
*
(f) * * *
(8) * * *
(i) Timing of request. EPA does not
anticipate a need for best available
monitoring methods beyond 2011, but
for all reporting years after 2011, best
available monitoring methods will be
considered for unique or unusual
circumstances which include data
collection methods that do not meet
safety regulations, technical
infeasibility, or counter to other local,
State, or Federal regulations. For use of
best available monitoring methods in
2012, an initial notice of intent to
request best available monitoring
methods must be submitted by
December 31, 2011. Any notice of intent
submitted prior to the effective date of
this rule cannot be used to meet this
December 31, 2011 deadline; a new
notice of intent must be signed and
submitted by the designated
representative. In addition to the initial
notification of intent, owners or
operators must also submit an extension
request containing the information
specified in 98.234(f)(8)(ii) by March 30,
2012. Any best available monitoring
methods request submitted prior to the
effective date of this rule cannot be used
to meet the March 30, 2012 deadline; a
new best available monitoring methods
request must be signed and submitted
by the designated representative.
Owners or operators that submit both a
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timely notice of intent and extension
request consistent with 98.234(f)(8)(ii)
can automatically use best available
monitoring method through June 30,
2012, for the specific parameters
identified in their notification of intent
and best available monitoring methods
request regardless of whether the best
available monitoring methods request is
ultimately approved. Owners or
operators that submit a notice of intent
but do not follow up with a best
available monitoring methods request
by March 30, 2012 cannot use best
available monitoring methods in 2012.
For 2012, when an owner or operator
has submitted a notice of intent and a
subsequent best available monitoring
method extension request, use of best
available monitoring methods will be
valid, upon approval by the
Administrator, until the date indicated
in the approval or until December 31,
2012, whichever is earlier. For reporting
years after 2012, a new request to use
best available monitoring methods must
be submitted by June 30th of the year
prior to the reporting year for which use
of best available monitoring methods is
sought.
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[FR Doc. 2013–10184 Filed 4–30–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2012–0132; FRL–9384–3]
Glyphosate; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
wreier-aviles on DSK5TPTVN1PROD with RULES
AGENCY:
SUMMARY: This regulation establishes
tolerances for residues of glyphosate in
or on multiple commodities which are
identified and discussed later in this
document. Interregional Research
Project Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective May
1, 2013. Objections and requests for
hearings must be received on or before
July 1, 2013, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2012–0132, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
ADDRESSES:
VerDate Mar<15>2010
14:02 Apr 30, 2013
Jkt 229001
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
Public Reading Room 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 OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Andrew Ertman, Registration Division,
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 308–9367; email address:
ertman.andrew@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
OPP–2012–0132 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before July 1, 2013. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2012–0132, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on commenting
or visiting the docket, along with more
information about dockets generally, is
available at https://www.epa.gov/
dockets.
II. Summary of Petitioned-For
Tolerance
In the Federal Register of May 2, 2012
(77 FR 25954) (FRL–9346–1), EPA
issued a document pursuant to FFDCA
section 408(d)(3), 21 U.S.C. 346a(d)(3),
announcing the filing of a pesticide
petition (PP 2E7979) by IR–4, 500
College Rd. East, Suite 201 W,
Princeton, NJ 08540. The petition
requested that 40 CFR 180.364 be
amended by establishing tolerances for
residues of the herbicide glyphosate
N-(phosphonomethyl) glycine in or on
the raw agricultural commodity teff,
forage and teff, hay at 100 parts per
million (ppm) and oilseed crops, group
20 at 40 ppm. The petition also
requested amendments to the tolerances
in 40 CFR 180.364 as follows: Vegetable,
root and tuber, group 1, except sugar
beet, from 0.2 ppm to 6.0 ppm;
vegetable, bulb, group 3 at 0.2 ppm to
E:\FR\FM\01MYR1.SGM
01MYR1
Agencies
[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Rules and Regulations]
[Pages 25392-25396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10184]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 98
[EPA-HQ-OAR-2011-0417; FRL-9806-7]
RIN 2060-AR74
Greenhouse Gas Reporting Rule: Revision to Best Available
Monitoring Method Request Submission Deadline for Petroleum and Natural
Gas Systems Source Category
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is revising the deadline by which owners or operators
of facilities subject to the petroleum and natural gas systems source
category of the Greenhouse Gas Reporting Rule must submit requests for
use of best available monitoring methods to the Administrator. This
revision does not change any other requirements for owners or operators
as outlined in the best available monitoring method rule provisions.
DATES: This final rule is effective on May 31, 2013.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2011-0417. 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, is not placed on the Internet
and is publicly available only in hard copy. Publicly available docket
materials are available either electronically in https://www.regulations.gov or in hard copy at the Air Docket, EPA/DC, EPA West
Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC. This
Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the Air
Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division,
Office of Atmospheric Programs (MC-6207J), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone
number: (202) 343-9263; fax number: (202) 343-2342; email address:
GHGReportingRule@epa.gov. For technical information and implementation
materials, please go to the Greenhouse Gas Reporting Rule Program Web
site at https://www.epa.gov/ghgreporting/. To submit a
question, select Help Center.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of this final rule will also be available through
the WWW. Following the Administrator's signature, a copy of this action
will be posted on the EPA's Greenhouse Gas Reporting Program Web site
at https://www.epa.gov/ghgreporting/reporters/notices/.
SUPPLEMENTARY INFORMATION:
Regulated Entities. The Administrator determined that this action
is subject to the provisions of Clean Air Act (CAA) section 307(d). See
CAA section 307(d)(1)(V) (the provisions of section 307(d) apply to
``such other actions as the Administrator may determine''). This final
rule affects owners or operators of petroleum and natural gas systems.
Regulated categories and affected entities may include those listed in
Table 1 of this preamble:
Table 1--Examples of Affected Entities by Category
----------------------------------------------------------------------------------------------------------------
Category NAICS Examples of affected facilities
----------------------------------------------------------------------------------------------------------------
Petroleum and Natural Gas 486210 Pipeline transportation of natural gas.
Systems. 221210 Natural gas distribution facilities.
211 Extractors of crude petroleum and natural gas.
211112 Natural gas liquid extraction facilities.
----------------------------------------------------------------------------------------------------------------
Table 1 of this preamble is not intended to be exhaustive, but
rather lists the types of facilities that the EPA is now aware could be
potentially affected by the reporting requirements. Other types of
facilities not listed in the table could also be affected. To determine
whether you are affected by this action, you should carefully
[[Page 25393]]
examine the applicability criteria found in 40 CFR part 98, subpart A
or the relevant criteria in the sections related to direct emitters of
GHGs. 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.
Judicial Review. Under section 307(b)(1) of the CAA, judicial
review of this final rule is available only by filing a petition for
review in the U.S. Court of Appeals for the District of Columbia
Circuit (the Court) by July 1, 2013. Under CAA section 307(d)(7)(B),
only an objection to this final rule that was raised with reasonable
specificity during the period for public comment can be raised during
judicial review. Section 307(d)(7)(B) of the CAA also provides a
mechanism for the EPA to convene a proceeding for reconsideration,
``[i]f the person raising an objection can demonstrate to EPA that it
was impracticable to raise such objection within [the period for public
comment] or if the grounds for such objection arose after the period
for public comment (but within the time specified for judicial review)
and if such objection is of central relevance to the outcome of the
rule.'' Any person seeking to make such a demonstration to us should
submit a Petition for Reconsideration to the Office of the
Administrator, Environmental Protection Agency, Room 3000, Ariel Rios
Building, 1200 Pennsylvania Ave. NW., Washington, DC 20460, with a copy
to the person listed in the preceding FOR FURTHER INFORMATION CONTACT
section, and the Associate General Counsel for the Air and Radiation
Law Office, Office of General Counsel (Mail Code 2344A), Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20004.
Note, under CAA section 307(b)(2), the requirements established by this
final rule may not be challenged separately in any civil or criminal
proceedings brought by the EPA to enforce these requirements.
Acronyms and Abbreviations. The following acronyms and
abbreviations are used in this document.
CAA Clean Air Act
CBI confidential business information
CFR Code of Federal Regulations
EPA U.S. Environmental Protection Agency
FR Federal Register
GHG greenhouse gas
GHGRP Greenhouse Gas Reporting Program
CO2e carbon dioxide equivalent
NAICS North American Industry Classification System
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
QA/QC quality assurance/quality control
RFA Regulatory Flexibility Act
U.S. United States
UMRA Unfunded Mandates Reform Act of 1995
WWW World Wide Web
Organization of This Preamble. The following outline is provided to
aid in locating information in this preamble.
I. Background
A. Organization of This Preamble
B. Background on the Final Rule
C. Legal Authority
II. Final Amendments and Responses to Public Comments
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
A. Organization of This Preamble
This preamble consists of three sections. The first section
provides background on 40 CFR part 98, subpart W and describes the
purpose and legal authority for this action. The second section of this
preamble summarizes the revision made to the specific requirement in
the petroleum and natural gas systems (subpart W) source category of 40
CFR part 98 and comments received. The third section of this preamble
discusses the various statutory and executive order requirements
applicable to this rulemaking.
B. Background on the Final Rule
On November 30, 2010 (75 FR 74459) the EPA finalized the Petroleum
and Natural Gas Systems source category, subpart W, of the Greenhouse
Gas Reporting Rule. As part of that rule, the EPA finalized detailed
provisions in 40 CFR 98.234(f), allowing for owners or operators to use
best available monitoring methods for specified parameters in 40 CFR
98.233 where additional time is needed to comply with the monitoring
and quality assurance/quality control (QA/QC) requirements as outlined
in the rule. In these cases, owners or operators are given the
flexibility, upon approval, to estimate parameters for equations in 40
CFR 98.233 by using supplier data, engineering calculations, other
company records or monitoring methods currently used by the facility
that do not meet the specifications of subpart W.
On February 19, 2013, the EPA published a direct final rule (78 FR
11585) and a parallel proposal (78 FR 11619) to amend the deadline for
submitting best available monitoring method requests to the
Administrator from September 30 to June 30 of the year prior to the
reporting year for which use of BAMM is sought. In those actions, the
EPA stated that if an adverse comment were received, a timely
withdrawal notice would be published in the Federal Register informing
the public that the direct final rule would not take effect and that
the EPA would address comments in any subsequent final rule based on
the parallel proposal. On April 2, 2013, the direct final rule was
withdrawn (78 FR 19605) due to potentially adverse comment received on
the direct final rule. Based on the comments received, EPA is
finalizing the amendment as proposed. Responses to comments received
are addressed below and can be found in the document, ``Response to
Comments: Greenhouse Gas Reporting Rule: Revision to Best Available
Monitoring Method Request Submission Deadline for Petroleum and Natural
Gas Systems Source Category'' (see EPA-HQ-OAR-2011-0417).
C. Legal Authority
The EPA is promulgating this rule amendment under its existing CAA
authority, specifically authorities provided in CAA section 114. As
stated in the preamble to the 2009 final rule (74 FR 56260, October 30,
2009) and the Response to Comments on the April 10, 2009 initial
proposed rule,\1\ Volume 9, Legal Issues, CAA section 114 provides the
EPA broad authority to require the information proposed to be gathered
by this rule because such data would inform and are relevant to the
EPA's carrying out a wide variety of CAA provisions. As discussed in
the preamble to the initial proposed rule (74 FR 16448, April 10,
2009), CAA section 114(a)(1) authorizes the Administrator to require
emissions sources, persons
[[Page 25394]]
subject to the CAA, manufacturers of control or process equipment, or
persons who the Administrator believes may have necessary information
to monitor and report emissions and provide such other information the
Administrator requests for the purposes of carrying out any provision
of the CAA. For further information about the EPA's legal authority,
see the preambles to the 2009 proposed and final rules and EPA's
Response to Comments, Volume 9.
---------------------------------------------------------------------------
\1\ See https://www.epa.gov/climatechange/emissions/responses.html.
---------------------------------------------------------------------------
II. Final Amendments and Responses to Public Comments
In this action, the EPA is finalizing the amendment to the deadline
for submitting Subpart W best available monitoring method requests to
the Administrator from September 30 to June 30 of the year prior to the
reporting year for which use of BAMM is sought. Specifically, the EPA
is revising the last sentence in 40 CFR 98.234(f)(8)(i) to replace the
date ``September 30'' with the date ``June 30'' so that the sentence
now reads ``For reporting years after 2012, a new request to use best
available monitoring methods must be submitted by June 30th of the year
prior to the reporting year for which use of best available monitoring
methods is sought.'' The EPA is not finalizing any other amendments to
provisions related to best available monitoring methods or other parts
of subpart W in this action.
After evaluation of comments received, the EPA has determined that
the amendment to the rule should become final as proposed. A brief
summary of comments received and our responses are provided below. The
EPA's responses to all comments can be found in the document ``Response
to Comments: Greenhouse Gas Reporting Rule: Revision to Best Available
Monitoring Method Request Submission Deadline for Petroleum and Natural
Gas Systems Source Category'' (see EPA-HQ-OAR-2011-0417).
One commenter stated that the EPA should not implement the direct
final action. This commenter did not explicitly state why the action
should not be implemented, nor did the commenter state any specific
concerns with the amendment. Without any further information why the
amendment should not be implemented, the EPA is maintaining its
position that the amendment to the rule as proposed should become
final. The EPA continues to conclude that this amendment would have
minimal adverse impact on owners or operators requesting to use best
available monitoring methods in future years. As stated in the direct
final rule and associated co-proposal, the EPA believes that this
amendment will provide additional certainty to reporters prior to the
upcoming reporting year for which the use of best available monitoring
methods are sought. Additionally, finalizing this amendment results in
a more appropriate time frame for comprehensively reviewing and
processing submitted requests and allowing the EPA to notify all owners
and operators of final determinations in a timely manner.
The EPA also received a comment that is beyond the scope of this
rulemaking as explained in the Response to Comments document.
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
This action does not impose any new information collection burden.
This amendment affects a provision in the rule related to the date of
submission for best available monitoring method requests and does not
affect what is submitted in those request or any associated burden with
submitting those requests. However, the Office of Management and Budget
(OMB) has previously approved the information collection requirements
contained in the existing regulations, 40 CFR part 98 subpart W (75 FR
74458), under the provisions of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. and has assigned OMB control number 2060-0651. The OMB
control numbers for the EPA's regulations in 40 CFR are listed in 40
CFR part 9.
C. Regulatory Flexibility Act
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of this final rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's regulations at 13 CFR 121.201;
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district or special district with a population of
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of these rule amendments on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. 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 analysis is to identify
and address regulatory alternatives ``which minimize any significant
economic impacts of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that the rule will not have a significant
economic impact on a substantial number of small entities if the rule
relives regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule. The EPA anticipates
that this amendment would result in greater certainty to reporters
choosing to submit best available monitoring method requests to the EPA
for use in future years.
D. Unfunded Mandates Reform Act
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, and tribal governments or the private
sector. This action imposes no enforceable duty on any State, local or
tribal governments or the private sector. Thus, the amendments in this
action are not subject to the requirements of section 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.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various
[[Page 25395]]
levels of government, as specified in Executive Order 13132.
This action applies to an optional provision in the final rule for
subpart W, which in turn applies to petroleum and natural gas
facilities that emit greenhouse gases. Few, if any, State or local
government facilities would be affected. This action also does not
limit the power of States or localities to collect GHG data and/or
regulate GHG emissions. Thus, Executive Order 13132 does not apply to
this action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). Further, this
action would not result in any changes to the current requirements of
40 CFR part 98 subpart W and only applies to optional provisions in 40
CFR part 98 subpart W. Thus, Executive Order 13175 does not apply to
this action.
Although Executive Order 13175 does not apply to this action, the
EPA sought opportunities to provide information to Tribal governments
and representatives during the development of the rule for subpart W
promulgated on November 30, 2010. A summary of the EPA's consultations
with Tribal officials is provided in Sections VIII.E and VIII.F of the
preamble to the 2009 final rule and Section IV.F of the preamble to the
2010 final rule for subpart W (75 FR 74485).
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 subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs 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 action does not involve technical standards. Therefore, the
EPA is not considering the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
The EPA has determined that this action will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment because it is a rule addressing information collection and
reporting procedures.
K. Congressional Review Act
The Congressional Review At, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
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 the required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the U.S. 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 is effective on May 31, 2013.
List of Subjects in 40 CFR Part 98
Environmental protection, Administrative practice and procedures,
Air pollution control, Greenhouse gases, Monitoring, Reporting and
recordkeeping requirements.
Dated: April 24, 2013.
Bob Perciasepe,
Acting Administrator.
For the reasons discussed in the preamble, title 40, chapter I, of
the Code of Federal Regulations is amended as follows:
PART 98--[AMENDED]
0
1. The authority citation for part 98 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart--W [Amended]
0
2. Section 98.234 is amended by revising paragraph (f)(8)(i) to read as
follows:
Sec. 98.234 Monitoring and QA/QC Requirements
* * * * *
(f) * * *
(8) * * *
(i) Timing of request. EPA does not anticipate a need for best
available monitoring methods beyond 2011, but for all reporting years
after 2011, best available monitoring methods will be considered for
unique or unusual circumstances which include data collection methods
that do not meet safety regulations, technical infeasibility, or
counter to other local, State, or Federal regulations. For use of best
available monitoring methods in 2012, an initial notice of intent to
request best available monitoring methods must be submitted by December
31, 2011. Any notice of intent submitted prior to the effective date of
this rule cannot be used to meet this December 31, 2011 deadline; a new
notice of intent must be signed and submitted by the designated
representative. In addition to the initial notification of intent,
owners or operators must also submit an extension request containing
the information specified in 98.234(f)(8)(ii) by March 30, 2012. Any
best available monitoring methods request submitted prior to the
effective date of this rule cannot be used to meet the March 30, 2012
deadline; a new best available monitoring methods request must be
signed and submitted by the designated representative. Owners or
operators that submit both a
[[Page 25396]]
timely notice of intent and extension request consistent with
98.234(f)(8)(ii) can automatically use best available monitoring method
through June 30, 2012, for the specific parameters identified in their
notification of intent and best available monitoring methods request
regardless of whether the best available monitoring methods request is
ultimately approved. Owners or operators that submit a notice of intent
but do not follow up with a best available monitoring methods request
by March 30, 2012 cannot use best available monitoring methods in 2012.
For 2012, when an owner or operator has submitted a notice of intent
and a subsequent best available monitoring method extension request,
use of best available monitoring methods will be valid, upon approval
by the Administrator, until the date indicated in the approval or until
December 31, 2012, whichever is earlier. For reporting years after
2012, a new request to use best available monitoring methods must be
submitted by June 30th of the year prior to the reporting year for
which use of best available monitoring methods is sought.
* * * * *
[FR Doc. 2013-10184 Filed 4-30-13; 8:45 am]
BILLING CODE 6560-50-P