[Federal Register Volume 76, Number 53 (Friday, March 18, 2011)]
[Rules and Regulations]
[Pages 14812-14818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6417]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 98
[EPA-HQ-OAR-2011-0191; FRL-9283-7]
RIN 2060-AQ87
Final Regulation Extending the Reporting Deadline for Year 2010
Data Elements Required Under the Mandatory Reporting of Greenhouse
Gases Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is promulgating this final rule to extend until September
30, 2011 the reporting deadline for year 2010 data required under the
Mandatory Reporting of Greenhouse Gases Rule. This deadline extension
will, in the first year of the Greenhouse Gas Reporting Program, allow
time for needed refinement of the electronic data reporting system,
stakeholder testing of the reporting system and feedback to EPA, and
reporter access to the reporting system in advance of the reporting
deadline. This rule changes only the deadline for reporting for 2011;
it does not change the reporting deadline for future years and does not
change what data must be reported.
DATES: This final rule is effective on March 18, 2011.
ADDRESSES: Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, will
be publicly available only in hard copy. Publicly available docket
materials are available either electronically in http://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 Federal 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:
[email protected].
Worldwide Web (WWW). In addition to being available in the docket,
an electronic pre-publication 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 EPA's greenhouse gas reporting
rule Web site at http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.
SUPPLEMENTARY INFORMATION: Acronyms and Abbreviations. The following
acronyms and abbreviations are used in this document.
APA Administrative Procedure Act
CAA Clean Air Act
CBI Confidential Business Information
CEMS continuous emission monitoring system(s)
CFR Code of Federal Regulations
CRA Congressional Review Act
e-GGRT Electronic Greenhouse Gas Reporting Tool
EPA U.S. Environmental Protection Agency
FR Federal Register
GHG greenhouse gas
NAICS North American Industry Classification System
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
RFA Regulatory Flexibility Act
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
WWW Worldwide Web
Organization of this Document. The following outline is provided to
aid in locating information in this preamble.
I. Background
II. Summary of the Final Rule
A. Facilities Affected
B. Amendment
III. Rationale for the Final Rule
IV. Need for a Final Rule
V. Statutory and Executive Order Reviews
[[Page 14813]]
A. Executive Order 12866: Regulatory Planning and 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
Does this action apply to me? 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 CAA section
307(d) apply to ``such other actions as the Administrator may
determine''). This action amends existing regulations. Entities
affected by this action are owners or operators of facilities that are
direct emitters or suppliers of greenhouse gases (GHGs) and are
required to report these emissions under 40 CFR part 98 (hereinafter
referred to as ``reporters''), which include those listed in Table 1 of
this preamble:
Table 1--Examples of Affected Entities by Category
------------------------------------------------------------------------
Examples of affected
Category NAICS facilities
------------------------------------------------------------------------
General Stationary Fuel Facilities operating
Combustion Sources. boilers, process
heaters,
incinerators,
turbines, and
internal combustion
engines:
321 Manufacturers of
lumber and wood
products.
322 Pulp and paper mills.
325 Chemical
manufacturers.
324 Petroleum refineries,
and manufacturers of
coal products.
316, 326, 339 Manufacturers of
rubber and
miscellaneous plastic
products.
331 Steel works, blast
furnaces.
332 Electroplating,
plating, polishing,
anodizing, and
coloring.
336 Manufacturers of motor
vehicle parts and
accessories.
221 Electric, gas, and
sanitary services.
622 Health services.
611 Educational services.
325193 Ethyl alcohol
manufacturing
facilities.
311611 Meat processing
facilities.
311411 Frozen fruit, juice,
and vegetable
manufacturing
facilities.
311421 Fruit and vegetable
canning facilities.
Electricity Generation........ 221112 Fossil-fuel fired
electric generating
units, including
units owned by
Federal and municipal
governments and units
located in Indian
Country.
Adipic Acid Production........ 325199 Adipic acid
manufacturing
facilities.
Aluminum Production........... 331312 Primary Aluminum
production
facilities.
Ammonia Manufacturing......... 325311 Anhydrous and aqueous
ammonia manufacturing
facilities.
Cement Production............. 327310 Portland Cement
manufacturing plants.
Ferroalloy Production......... 331112 Ferroalloys
manufacturing
facilities.
Glass Production.............. 327211 Flat glass
manufacturing
facilities.
327213 Glass container
manufacturing
facilities.
327212 Other pressed and
blown glass and
glassware
manufacturing
facilities.
HCFC-22 Production and HFC-23 325120 Chlorodifluoromethane
Destruction. manufacturing
facilities.
Hydrogen Production........... 325120 Hydrogen manufacturing
facilities.
Iron and Steel Production..... 331111 Integrated iron and
steel mills, steel
companies, sinter
plants, blast
furnaces, basic
oxygen process
furnace shops.
Lead Production............... 331419 Primary lead smelting
and refining
facilities.
331492 Secondary lead
smelting and refining
facilities.
Lime Production............... 327410 Calcium oxide, calcium
hydroxide, dolomitic
hydrates
manufacturing
facilities.
Municipal Solid Waste 562212 Solid waste landfills.
Landfills.
221320 Sewage treatment
facilities.
Nitric Acid Production........ 325311 Nitric acid
manufacturing
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.
Titanium Dioxide Production... 325188 Titanium dioxide
manufacturing
facilities.
Zinc Production............... 331419 Primary zinc refining
facilities.
331492 Zinc dust reclaiming
facilities,
recovering from scrap
and/or alloying
purchased metals.
Municipal Solid Waste 562212 Solid waste landfills.
Landfills.
221320 Sewage treatment
facilities.
Suppliers of Coal-based Liquid 211111 Coal liquefaction at
Fuels. mine sites.
[[Page 14814]]
Suppliers of Petroleum 324110 Petroleum refineries.
Products.
Suppliers of Natural Gas and 221210 Natural gas
Natural Gas Liquids. distribution
facilities.
211112 Natural gas liquid
extraction
facilities.
Suppliers of Industrial 325120 Industrial gas
Greenhouse Gases. manufacturing
facilities.
Suppliers of Carbon Dioxide... 325120 Industrial gas
manufacturing
facilities.
------------------------------------------------------------------------
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. Types of facilities other than those listed in
the table could also be subject to reporting requirements. To determine
whether you are affected by this action, you should carefully examine
the applicability criteria found in 40 CFR part 98, subparts C through
PP, excluding subparts I, J, L, M, T, W, DD, FF, II, JJ, and KK. 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 CAA section 307(b)(1), 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 by May
17, 2011. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality of this rule for the
purpose of judicial review nor does it extend the time within which
petitions for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. Any person seeking to submit a
Petition for Reconsideration should submit it to the Office of the
Administrator, Environmental Protection Agency, Room 3000, Ariel Rios
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20004, 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. This action may not be challenged later in
proceedings to enforce its requirements. (See CAA section 307(b)(2)).
I. Background
On October 30, 2009, EPA published the Mandatory GHG Reporting Rule
(40 CFR part 98) for collecting information regarding GHGs from a broad
range of industry sectors (74 FR 56260). Under 40 CFR part 98
(hereinafter referred to as ``Part 98'') and its subsequent amendments,
EPA is collecting data from certain facilities and suppliers. The data
to be reported consists of GHG emissions information as well as other
data, including information necessary to characterize, quantify, and
verify the reported emissions. For reporters required to submit 2010
GHG data under Part 98, the original reporting deadline was March 31,
2011.
As explained in the preamble to the 2009 reporting rule, the GHG
Reporting Program requires electronic reporting through a centralized
data system (40 CFR 98.5). Electronic reporting facilitates efficient
and effective review of the large volume of data anticipated to be
reported. The data system, called the Electronic Greenhouse Gas
Reporting Tool (e-GGRT), guides reporters through registration and
provides an option for reporting using step-by-step Web forms or
through bulk transmission of data using a standard extensible markup
language (XML) format. Development of the reporting tool has involved
translating the detailed industry-specific reporting requirements of
Part 98 into a user-friendly software program. The registration module
of the tool has been available since December 2010. EPA has been
developing the subpart reporting modules since the final requirements
for Part 98 were issued.
Since the final rule establishing Part 98 was published in October
2009, we have published several rule amendments. These include addition
of facility- and parent-level reporting requirements (75 FR 57669,
September 22, 2010); technical corrections and other amendments (75 FR
66434, October 28, 2010); changes partially in response to petitions
for review and reconsideration (75 FR 79092, December 17, 2010); and
interim changes in response to industry concerns about potential public
availability of sensitive data (75 FR 81338, December 27, 2010). Though
e-GGRT development began in 2009, each amendment or addition to the
Part 98 reporting requirements has also necessitated changes to the
data reporting system.
In the preamble to Part 98, we described our intention to make the
electronic reporting system, along with training and instructional
materials, available to reporters before the reporting deadline. (See,
e.g., 74 FR 56282.) This would allow those reporters to become familiar
with the tool, to request any needed guidance from EPA, and to receive
EPA guidance and training in advance of the reporting deadline, as
occurred with the registration module released in December 2010. In the
preamble to Part 98, we also described our intention to engage
stakeholders in testing of the data reporting system (see, e.g., 74 FR
56358), which would allow EPA to use stakeholder feedback to refine the
final version of the reporting system.
To that end, EPA is issuing this final rule extending the Part 98
reporting deadline in the first year of the reporting program to allow
time for needed data system refinement, stakeholder testing of the data
system and feedback to EPA, and reporter access to e-GGRT in advance of
the reporting deadline.
II. Summary of the Final Rule
A. Reporters Affected
This action affects only reporters that are subject to the source
category-specific reporting requirements in 40 CFR part 98, subparts C
through PP, excluding subparts I, J, L, M, T, W, DD, FF, II, JJ, and
KK. This includes only reporters covered by the Part 98 subparts
published on October 30, 2009, which require these facilities and
suppliers to begin monitoring emissions on January 1, 2010 and to
submit their first annual GHG report (covering calendar year 2010
emissions) by March 31, 2011. The list of affected source categories is
provided in Table 2 of this preamble.\1\
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\1\ Certain source categories were revised in an action
published on Dec. 17, 2010 (75 FR 79092).
[[Page 14815]]
Table 2--Source Categories Covered by This Action
------------------------------------------------------------------------
40 CFR part 98 Federal Register
Source category subpart notice
------------------------------------------------------------------------
General Stationary Fuel C 74 FR 56260, 75 FR
Combustion Sources. 79092.
Electricity Generation........... D 74 FR 56260, 75 FR
79092.
Adipic Acid Production........... E 74 FR 56260, 75 FR
66434.
Aluminum Production.............. F 74 FR 56260, 75 FR
79092.
Ammonia Manufacturing............ G 74 FR 56260, 75 FR
79092.
Cement Production................ H 74 FR 56260, 75 FR
66434.
Ferroalloy Production............ K 74 FR 56260, 75 FR
66434.
Glass Production................. N 74 FR 56260, 75 FR
66434.
HCFC-22 Production and HFC-23 O 74 FR 56260, 75 FR
Destruction. 66434.
Hydrogen Production.............. P 74 FR 56260, 75 FR
66434, 75 FR 79092.
Iron and Steel Production........ Q 74 FR 56260, 75 FR
66434.
Lead Production.................. R 74 FR 56260.
Lime Manufacturing............... S 74 FR 56260, 75 FR
66434.
Miscellaneous Uses of Carbonate.. U 74 FR 56260.
Nitric Acid Production........... V 74 FR 56260, 75 FR
66434, 75 FR 79092.
Petrochemical Production......... X 74 FR 56260, 75 FR
79092.
Petroleum Refineries............. Y 74 FR 56260, 75 FR
79092.
Phosphoric Acid Production....... Z 74 FR 56260, 75 FR
66434.
Pulp and Paper Manufacturing..... AA 74 FR 56260, 75 FR
79092.
Silicon Carbide Production....... BB 74 FR 56260.
Soda Ash Manufacturing........... CC 74 FR 56260, 75 FR
66434.
Titanium Dioxide Production...... EE 74 FR 56260, 75 FR
66434.
Zinc Production.................. GG 74 FR 56260, 75 FR
66434.
Municipal Solid Waste Landfills.. HH 74 FR 56260, 75 FR
66434.
Suppliers of Coal-based Liquid LL 74 FR 56260.
Fuels.
Suppliers of Petroleum Products.. MM 74 FR 56260, 75 FR
66434.
Suppliers of Natural Gas and NN 74 FR 56260, 75 FR
Natural Gas Liquids. 66434, 75 FR 79092.
Suppliers of Industrial OO 74 FR 56260, 75 FR
Greenhouse Gases. 79092.
Suppliers of Carbon Dioxide...... PP 74 FR 56260, 75 FR
79092.
------------------------------------------------------------------------
B. Amendment
This amendment to Part 98 extends the regulatory deadline for
reporters to report their 2010 GHG data from the current regulatory
deadline of March 31, 2011 until September 30, 2011. This deadline
extension includes the reporting deadline for those data elements used
as inputs to emission equations, which was deferred in the Interim
Final Regulation Deferring the Reporting Date for Certain Data Elements
Required Under the Mandatory Reporting of Greenhouse Gases Rule (75 FR
81338, December 27, 2010). Because the regulatory deadline for
reporters of 2010 GHG data to register in e-GGRT by submitting a
certificate of representation is at least 60 days before the reporting
deadline (40 CFR 98.4(d)), this reporting deadline extension also has
the effect of extending the registration deadline to at least 60 days
before September 30, 2011. This rule also corrects a typographical
error in 40 CFR part 98.3 by redesignating the second paragraph
(c)(4)(vi) as paragraph (c)(4)(viii). This final rule does not change
any other requirements of Part 98 or extend the reporting deadline for
future years.
III. Rationale for the Final Rule
EPA has determined that an extension of the deadline for reporting
2010 GHG data under Part 98 is necessary to help successfully implement
the reporting tool and improve reporting and data quality in the first
year of the program. EPA deems this reporting deadline extension
necessary to allow EPA to test and refine e-GGRT more extensively; give
stakeholders the opportunity to test the tool and provide feedback to
EPA, allowing us to further refine the tool and better tailor our
training and outreach; and give reporters time to become familiar with
the tool in advance of the reporting deadline, improving their
reporting experience and the quality of the reported data.
IV. Need for a Final Rule
EPA is issuing this final rule under section 307(d)(1) of the Clean
Air Act, which states: ``The provisions of section 553 through 557 * *
* of Title 5 shall not, except as expressly provided in this section,
apply to actions to which this subsection applies. This subsection
shall not apply in the case of any rule or circumstance referred to in
subparagraphs (A) or (B) of subsection 553(b) of Title 5.'' Consistent
with this language, EPA is using the good cause exemption under the
Administrative Procedure Act (APA) to take the actions set forth in
this final rule without prior notice and comment. See 5 U.S.C.
553(b)(B). Section 553(b) of the APA generally requires that any rule
to which it applies be issued only after the public has received notice
of, and had an opportunity to comment on, the proposed rule. However,
APA section 553(b)(B) exempts from those requirements any rule for
which the issuing agency for good cause finds that providing prior
notice and comment would be impracticable, unnecessary, or contrary to
the public interest. Thus, any rule for which EPA makes such a finding
is exempt from the notice and comment requirements of APA section
553(b).
As explained below, EPA finds good cause to take the actions set
forth in this final rule without prior notice and comment because
providing prior notice and comment would be impracticable, unnecessary,
and contrary to the public interest. Notice and comment on this short
deadline extension are impracticable, as EPA likely would not be able
to complete a notice and comment rulemaking for a deadline extension
before the original March 31, 2011 reporting deadline, thus defeating
the purpose of undertaking such a rulemaking. As described in Section I
of
[[Page 14816]]
this preamble, EPA deems it important to engage stakeholders in testing
the Part 98 data reporting system and to use their feedback to refine
the system prior to the system's public release. Also as described
above, EPA also deems it important to improve the reporting experience
and data quality by giving reporters access to the reporting tool far
enough in advance of the first year's reporting deadline for reporters
to become familiar with the tool and for EPA to tailor outreach and
training based on their questions and feedback. The changes to the
reporting system required by the various additions and amendments to
Part 98, listed in Section I of this preamble, cumulatively prevented
EPA from developing the reporting tool in time to complete these
activities in advance of the original reporting date. These cumulative
effects did not become apparent in time for EPA to extend the reporting
deadline through a notice and comment rulemaking process, making that
process impracticable and necessitating this final rule. Additionally,
in January and February 2011, EPA received far more requests for
assistance with registration in e-GGRT, required for all reporters in
advance of reporting, than had been expected. The number and diversity
of requests for clarification or assistance with registration are
strong evidence of the necessity of stakeholder testing and advanced
reporter familiarity with the reporting system that only recently came
to light.
Further, given the short period of time that this final rule will
extend the reporting deadline, and the fact that this rule will extend
the deadline only for 2010 data, EPA considers soliciting public
comment on this final rule to be unnecessary. This final rule simply
provides the Agency with brief additional time to engage stakeholders
in testing, incorporate feedback, and make final improvements to the
Part 98 electronic reporting tool, as well as to give reporters time to
become familiar with the tool in advance of the reporting deadline in
the first year of the program. EPA's intent to publish non-confidential
2010 data by the end of 2011 remains unchanged.
EPA also considers soliciting public comment on this final rule,
which likely would prevent the rule from being finalized in time to
extend the reporting deadline by March 31, 2011, to be contrary to the
public interest. EPA is briefly extending the deadline for reporting
2010 data to allow EPA to solicit additional stakeholder feedback and
make final improvements to the electronic data reporting tool that are
important to the success of the reporting program. These adjustments
will improve the tool, improve user experience with the tool and with
the reporting program, and ultimately provide higher quality greenhouse
gas emissions data to EPA and to the public. Further, even if EPA could
complete a notice and comment deadline extension before March 31, 2011,
the risk that we would not be able to complete such a rulemaking before
the original reporting deadline would create regulatory uncertainty.
EPA thus finds good cause to briefly extend the reporting deadline
without notice and comment.
EPA is also using the APA's good cause exemption to make this final
rule effective on March 18, 2011. See 5 U.S.C. 553(d)(3). Section
553(d) of the APA, 5 U.S.C. Chapter 5, generally provides that rules
may not take effect earlier than 30 days after they are published in
the Federal Register. EPA is issuing this final rule under CAA section
307(d)(1), which states: ``The provisions of section 553 through 557 *
* * of Title 5 shall not, except as expressly provided in this section,
apply to actions to which this subsection applies.'' Thus, section
553(d) of the APA does not apply to this rule. EPA is nevertheless
acting consistently with the purposes underlying APA section 553(d) in
making this rule effective on March 18, 2011.
Section 553(d)(3) of the APA allows an effective date less than 30
days after publication ``as otherwise provided by the agency for good
cause found and published with the rule.'' As explained below, EPA
finds that there is good cause for this rule to become effective on
March 18, 2011, even though this results in an effective date fewer
than 30 days from date of publication in the Federal Register.
The purpose of the 30-day waiting period prescribed in APA section
553(d) is to give affected parties a reasonable time period to adjust
their behavior and prepare before the final rule takes effect. This
final rule extends a reporting deadline, requiring little preparation
or behavior adjustment. A shorter effective date in such circumstances
is consistent with the purposes of APA section 553(d), which provides
an exception for any action that grants or recognizes an exemption or
relieves a restriction. Further, APA section 553(d)(3) provides that if
the issuing agency has made a finding of good cause and published its
reasoning with the rule, the rule may take effect sooner than 30 days.
EPA has determined that good cause exists to extend the reporting
deadline for 2010 data until September 30, 2011 in this final rule
without prior notice and comment, because prior notice and comment
would be impracticable, unnecessary, and contrary to the public
interest for the reasons stated above. Accordingly, we find that good
cause exists to make this rule effective on March 18, 2011, consistent
with the purposes of APA section 553(d)(3).
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and 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 the Executive Order.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
This final rule extends the reporting deadline for 2010 data, so it
does not increase the reporting burden. However, OMB has previously
approved the information collection requirements contained in the
regulations promulgated on October 30, 2009, under 40 CFR part 98 under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
and has assigned OMB control number 2060-0629. EPA has also submitted
the Information Collection Request requirements for four additional
Part 98 subparts promulgated on July 12, 2010 to OMB for approval (see
75 FR 39756). The OMB control numbers for EPA's regulations in 40 CFR
are listed in 40 CFR part 9.
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 effects of this rule on small
entities, ``small entity'' is defined as: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently
[[Page 14817]]
owned and operated and is not dominant in its field.
After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The rule
will not impose any new requirements on small entities that are not
currently required by Part 98.
D. Unfunded Mandates Reform Act (UMRA)
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538, requires Federal agencies, unless otherwise
prohibited by law, to assess the effects of their regulatory actions on
State, local, and tribal governments and the private sector. Federal
agencies must also develop a plan to provide notice to small
governments that might be significantly or uniquely affected by any
regulatory requirements. The plan must enable officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates and must inform, educate, and advise small
governments on compliance with the regulatory requirements.
The amendment to 40 CFR part 98 does not contain a Federal mandate
that may result in expenditures of $100 million or more for State,
local, and tribal governments, in the aggregate, or the private sector
in any one year. The amendment only postpones the reporting date for
2010 data under Part 98, so it does not increase the costs for
facilities to comply with Part 98. Thus, the action is not subject to
the requirements of sections 202 or 205 of UMRA.
In developing Part 98, EPA consulted with small governments
pursuant to a plan established under section 203 of UMRA to address
effects of regulatory requirements in the rule that might significantly
or uniquely affect small governments. For a summary of EPA's
consultations with State and/or local officials or other
representatives of State and/or local governments in developing Part
98, see Section VIII.D of the preamble to the final rule (74 FR 56370,
October 30, 2009).
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. 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 rule (74 FR 56266, October
30, 2009).
This amendment applies to facilities that emit or supply
greenhouses gases. It does not apply to government entities unless a
government entity owns a facility that directly emits greenhouse gases
above threshold levels (such as a landfill), so relatively few
government facilities would be affected. This regulation also does not
limit the power of States or localities to collect GHG data and/or
regulate GHG emissions. Thus, Executive Order 13132 does not apply to
this action. For a summary of EPA's consultation with State and local
organizations and representatives in developing Part 98, see Section
VIII.E of the preamble to the final rule (74 FR 56371, October 30,
2009).
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). The rule does
not result in any changes to the requirements of Part 98 other than
postponing the reporting deadline for 2010 GHG data until September 30,
2011. Thus, Executive Order 13175 does not apply to this action. For a
summary of EPA's consultations with tribal governments and
representatives, see section VIII.F of the preamble to the final rule
(74 FR 56371, October 30, 2009).
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113 (15 U.S.C. 272 note) directs
EPA to use voluntary consensus standards in its regulatory activities
unless to do so would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by voluntary
consensus standards bodies. NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable voluntary consensus standards.
The rule does not involve technical standards. Therefore, EPA is
not considering the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this final rule 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. The amendment addresses only reporting procedures.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the 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. Section 808 allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice
[[Page 14818]]
and public procedure is impracticable, unnecessary or contrary to the
public interest. This determination must be supported by a brief
statement. 5 U.S.C. 808(2). As stated above, EPA has made such a good
cause finding, including the reasons therefore, and established an
effective date of March 18, 2011. 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 United
States. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 98
Environmental protection, Administrative practice and procedure,
Greenhouse gases, Reporting and recordkeeping requirements.
Dated: March 11, 2011.
Lisa P. Jackson,
Administrator.
For the reasons set out 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, et seq.
Subpart A--[Amended]
0
2. Section 98.3 is amended by:
0
a. Revising paragraph (b) introductory text.
0
b. Redesignating the second paragraph (c)(4)(vi) as paragraph
(c)(4)(viii).
0
c. Revising paragraph (c)(4)(vii).
0
d. Revising paragraph (d)(3) introductory text.
Sec. 98.3 What are the general monitoring, reporting, recordkeeping
and verification requirements of this part?
* * * * *
(b) Schedule. The annual GHG report for reporting year 2010 must be
submitted no later than September 30, 2011. The annual report for
reporting years 2011 and beyond must be submitted no later than March
31 of each calendar year for GHG emissions in the previous calendar
year. As an example, for a facility or supplier that is subject to the
rule in calendar year 2011, the annual report must be submitted on
March 31, 2012.
* * * * *
(c) * * *
(4) * * *
(vii) The owner or operator of a facility is not required to report
the data elements specified in Table A-6 of this subpart for calendar
year 2010 until September 30, 2011.
* * * * *
(d) * * *
(3) Abbreviated emissions report for facilities containing only
general stationary fuel combustion sources. In lieu of the report
required by paragraph (c) of this section, the owner or operator of an
existing facility that is in operation on January 1, 2010 and that
meets the conditions of Sec. 98.2(a)(3) may submit an abbreviated GHG
report for the facility for GHGs emitted in 2010. The abbreviated
report must be submitted by September 30, 2011. An owner or operator
that submits an abbreviated report must submit a full GHG report
according to the requirements of paragraph (c) of this section
beginning in calendar year 2012. The abbreviated facility report must
include the following information:
* * * * *
0
3. Table A-6 to subpart A of part 98 is amended by revising the heading
to read as follows:
Table A-6 to Subpart A of Part 98--Data Elements That Are Inputs to
Emission Equations and for Which the Reporting Deadline Is Changed to
September 30, 2011
* * * * *
[FR Doc. 2011-6417 Filed 3-17-11; 8:45 am]
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