[Federal Register Volume 72, Number 62 (Monday, April 2, 2007)]
[Rules and Regulations]
[Pages 15598-15600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6038]


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DEPARTMENT OF ENERGY

10 CFR Part 300

RIN 1901-AB23


Corrections and Updates to Technical Guidelines for Voluntary 
Greenhouse Gas Reporting

AGENCY: Office of Policy and International Affairs, Department of 
Energy.

ACTION: Final rule.

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SUMMARY: The Department of Energy (DOE) published an interim final rule 
on January 31, 2007, to correct, update, and make clarifying changes to 
Technical Guidelines used for reporting under the Voluntary Reporting 
of Greenhouse Gases Program authorized by section 1605(b) of the Energy 
Policy Act of 1992. The Technical Guidelines were incorporated by 
reference in final program guidelines that were published on April 21, 
2006, and placed in the Code of Federal Regulations (CFR). In 
accordance with the rules governing incorporation by reference in the 
CFR, DOE is required to amend its program regulations to reflect any 
update of the Technical Guidelines. DOE now discusses the comments 
received in response to the interim final rule, and adopts that rule as 
final without change.

DATES: Effective April 2, 2007, the interim rule published on January 
1, 2007 (72 FR 4211), which became effective March 2, 2007, is 
confirmed as final.

FOR FURTHER INFORMATION CONTACT: Stephen Eule, PI-63, Office of Policy 
and International Affairs, U.S. Department of Energy, 1000 Independence 
Avenue, SW., Washington DC 20585, or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background
II. Summary and Response to Comments
III. Congressional Notification
IV. Approval of the Office of Secretary

I. Background

    Section 1605(b) of the Energy Policy Act of 1992 directed DOE to 
issue guidelines establishing a voluntary greenhouse gas reporting 
program (42 U.S.C. 13385(b)). On February 14, 2002, the President 
directed DOE, together with other involved Federal agencies, to 
recommend reforms to enhance the Voluntary Reporting of Greenhouse 
Gases Program established by DOE in 1994. On April 21, 2006, following 
a lengthy public review process, DOE published revised final General 
Guidelines for Voluntary Greenhouse Gas Reporting (71 FR 20784). Those 
guidelines incorporated by reference detailed Technical Guidelines, 
dated March 2006, that are needed to fully implement the revised 
Voluntary Reporting of Greenhouse Gases Program.
    Subsequent to the April 21, 2006 publication of the revised final 
General Guidelines and during preparation of new forms and instructions 
for reporting, DOE identified a number of errors and inconsistencies in 
the Technical Guidelines that warranted correction or clarification. To 
ensure that any revision of the March 2006 Technical Guidelines 
addressed as many of these problems as possible, on August 3, 2006, DOE 
sent a message by electronic mail to all persons who had previously 
expressed an interest in the guidelines and requested that they 
identify any needed technical corrections, clarifications, 
interpretations or other changes to the guidelines. Subsequently, DOE 
received communications that recommended additional corrections and 
other changes for consideration.

[[Page 15599]]

    Following a careful review of the recommended corrections and other 
suggested changes, DOE made those modifications to the Technical 
Guidelines that it believed were necessary to correct all the 
identified errors and inconsistencies or other ambiguities, while 
adhering to the essential language and intent of the March 2006 version 
of the Technical Guidelines. The updated version of the Technical 
Guidelines is dated January 2007. As required by the regulations of the 
Administrative Committee of the Federal Register, DOE sent the January 
2007 update of the Technical Guidelines to the Director of the Federal 
Register and obtained his approval of the incorporation by reference of 
the January 2007 Technical Guidelines in the regulations for the 
section 1605(b) program that are published in the Federal Register and 
the Code of Federal Regulations. On January 31, 2007, DOE published an 
interim final rule with opportunity for comment that changed the date 
of the Technical Guidelines incorporated by 10 CFR 300.13 from March 
2006 to January 2007. (72 FR 4411.)

II. Summary and Response to Comments

    DOE received six sets of comments in response to the interim final 
rule. All of the comments are posted on the internet at the following 
website: http://www.pi.energy.gov/enhancingGHGregistry/comments2007.html. None of the comments identified errors or 
inconsistencies in the January 2007 Technical Guidelines that would 
impair their implementation by the Energy Information Administration 
(EIA). DOE has decided not to adopt changes at this time so that EIA 
can complete the forms, instructions, and software expeditiously to 
permit reporting under the new guidelines in 2007 for the 2006 
reporting year. However, some of the comments did identify further 
corrections or updates that may be warranted some time in the future. 
The specific comments provided fall into four main categories; those 
that:
     Identified inconsistencies, drafting errors or clarity 
problems in the Technical Guidelines that may warrant further 
corrections.
     Proposed to add or reference new measurement methods or 
calculation tools.
     Sought to reopen some issues that had been previously 
resolved during the development of the guidelines published on April 
21, 2006.
     Proposed changes that exceed the DOE's statutory 
authority.
    Possible Further Corrections. The comments submitted by the Edison 
Electric Institute and supported by comments from Ameren identified a 
number of additional, but comparatively minor inconsistencies, drafting 
errors or clarity problems in the January 2007 Technical Guidelines 
that may warrant further corrections. Comments by the American Forest 
and Paper Association (AF&PA) also identified a reference in the 
Forestry appendix that requires updating as well as an inconsistency 
between the terminology used in the Technical Guidelines and that used 
by the industry to refer to ``spent pulping liquors''.
    DOE sees the value of making most of the changes that fall into 
this category, although none of these changes are necessary to enable 
the EIA to initiate reporting under the corrected Technical Guidelines 
dated January 2007. Since making these changes at this time could cause 
some confusion among prospective reporters and may further delay EIA's 
efforts to finalize its revised reporting forms and instructions, DOE 
has decided not to implement these changes at this time. Instead, DOE 
plans to address these changes when DOE proposes its first substantive 
amendments to the guidelines pursuant to 10 CFR 300.1(f).
    Measurement Methods or Calculation Tools. Comments submitted by 
Beta Analytic, Inc., proposed that the guidelines be amended to 
recognize a new method for measuring biogenic or carbon-neutral CO2 or 
methane emissions which represent part, but not all, of various 
emission streams.
    Similarly, AF&PA's comments recommended that a specific calculation 
tool developed by the International Council of Forests and Paper 
Associations be referenced in the Technical Guidelines as an acceptable 
model for estimating the harvested wood products pool.
    While the amendments proposed by Beta Analytic, Inc., and AF&PA may 
be worthwhile, they are outside the scope of this rulemaking, which is 
limited to correcting factual and drafting errors, eliminating 
inconsistencies, updating certain existing references, clarifying 
intent, and modifying or eliminating certain inappropriate calculation 
methods. Those organizations may formally propose that DOE adopt these 
methods when it undertakes to make substantive revisions to the 
guidelines pursuant to 10 CFR 300.1(f). Proposed calculation methods 
should be submitted in writing to the Assistant Secretary for Policy 
and International Affairs, 1000 Independence Ave., SW., Washington, DC, 
20585, with an electronic copy sent to 
[email protected]. DOE will consider all such 
proposed methods. Any such proposal will be subject to public review 
and comment. If adopted, new calculation methods would be implemented 
as soon as practicable.
    Issues Previously Resolved. The comments submitted by AF&PA also 
raised two issues that were previously considered and resolved during 
the development of the revised General Guidelines and Technical 
Guidelines that were published in April 2006. One issue concerns the 
treatment of carbon harvested from sustainably managed forests that is 
ultimately included in various long lived wood products. AF&PA proposed 
a change that would enable such carbon to be counted toward an entity's 
emission reductions, although the initial March 2006 Technical 
Guidelines and the January 2007 revised Technical Guidelines exclude 
such treatment. The other issue concerns the value to be used to 
represent the transmission and distribution losses associated with off-
site combined heat and power plants. This value was also set by the 
March 2006 Technical Guidelines and was not changed in the January 2007 
Technical Guidelines.
    Section 300.1(f) of the General Guidelines indicates that DOE 
intends to periodically review and update the General Guidelines and 
Technical Guidelines, and that it anticipates that these reviews will 
occur approximately every three years. During these periodic reviews, 
DOE may reconsider any of the issues initially resolved by the April 
2006 guidelines. DOE will solicit stakeholder input at the start of any 
such review process.
    Changes that Exceed DOE's Statutory Authority. One commenter 
recommended that DOE change this program from a voluntary reporting 
program to one that is mandatory. Such a change would clearly exceed 
DOE's existing statutory authority under section 1605(b) of the Energy 
Policy Act of 1992.
    Conclusion. Based on a review of the six comments received, DOE has 
decided not to make any changes at this time to the January 2007 
Technical Guidelines, which became effective on March 2, 2007. When DOE 
proposes amendments to add new measurement methods or calculation tools 
to the January 2007 Technical Guidelines, it may incorporate some of 
the corrections suggested in the public comments summarized above.

[[Page 15600]]

III. Congressional Notification

    As required by 5 U.S.C. 801, DOE will submit to Congress a report 
regarding the issuance of today's final rule. The report will state 
that it has been determined that the rule is not a ``major rule'' as 
defined by 5 U.S.C. 801(2).

IV. Approval of the Office of the Secretary

    The Secretary of Energy has approved the publication of this final 
rule.

List of Subjects in 10 CFR part 300

    Administrative practice and procedure, Energy, Gases, Incorporation 
by reference, Reporting and recordkeeping requirements.

    Issued in Washington, DC on March 27, 2007.
Katharine A. Fredriksen,
Acting Assistant Secretary for Policy and International Affairs.

0
Accordingly, the interim final rule amending part 300 of title 10, 
chapter II, subchapter B of the Code of Federal Regulations, that was 
published at 72 FR 4411 on January 31, 2007, is adopted as a final rule 
without change.
 [FR Doc. E7-6038 Filed 3-30-07; 8:45 am]
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