[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Proposed Rules]
[Pages 64055-64058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26765]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 2

[EPA-HQ-OAR-2009-0924; FRL-9479-7]


Special Rules Governing Certain Information Obtained Under the 
Clean Air Act: Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to correct an erroneous reference in 
EPA's procedures for handling data collected under the Mandatory 
Greenhouse Gas Reporting Rule, which are provided in the Special Rules 
Governing Certain Information Obtained under the Clean Air Act. The 
proposed correction would not change any requirements for entities 
regulated under the Mandatory Greenhouse Gas Reporting Rule or the 
final confidentiality determinations EPA has made for such data. In the 
``Rules and Regulations'' section of this Federal Register, we are 
making this correction as a direct final rule without a prior proposed 
rule. If we receive no adverse comment, we will not take further action 
on this proposed rule.

DATES: Written comments must be received on or before November 16, 
2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0924, by mail to Environmental Protection Agency, EPA Docket 
Center (EPA/DC), Mailcode 6102T, Attention Docket ID No. EPA-HQ-OAR-
2009-0924, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Please 
include a total of two copies. Comments may also be submitted 
electronically or through hand delivery/courier by following the 
detailed instructions in the ADDRESSES section of the direct final rule 
located in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division, 
Office of Atmospheric Programs (MC-6207J), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone 
number: (202) 343-9263; fax number: (202) 343-2342; e-mail address: 
[email protected]. For technical information and implementation 
materials, please go to the Web site http://www.epa.gov/climatechange/emissions/ghgrulemaking.html. To submit a question, select Rule Help 
Center, then select Contact Us.

SUPPLEMENTARY INFORMATION:

I. Why is EPA issuing this proposed rule?

    This document proposes to correct an erroneous reference in special 
rules governing certain information obtained under the Clean Air Act 
(40 CFR part 2, subpart B). We have published a direct final rule 
making this correction in the ``Rules and Regulations'' section of this 
Federal Register because we view this as a noncontroversial action and 
anticipate no adverse comment. We have explained our reasons for this 
action in the preamble to the direct final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If the EPA receives adverse comment, we will 
withdraw the direct final rule and it will not take effect. We would 
address all public comments in any subsequent final rule based on this 
proposed rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so by the comment 
deadline listed in the DATES section of this document. For further 
information, please see the information provided in the ADDRESSES 
section of this document.

II. Does this action apply to me?

    Regulated Entities. Entities potentially affected by this proposed 
action include those listed in Table 1 of this preamble:

           Table 1--Examples of Affected Entities by Category
------------------------------------------------------------------------
                                                   Examples of affected
            Category                  NAICS             facilities
------------------------------------------------------------------------
General Stationary Fuel          ...............  Facilities operating
 Combustion Sources.                               boilers, process
                                                   heaters,
                                                   incinerators,
                                                   turbines, and
                                                   internal combustion
                                                   engines.
                                             211  Extractors of crude
                                                   petroleum and natural
                                                   gas.
                                             321  Manufacturers of
                                                   lumber and wood
                                                   products.
                                             322  Pulp and paper mills.
                                             325  Chemical
                                                   manufacturers.
                                             324  Petroleum refineries,
                                                   and manufacturers of
                                                   coal products.

[[Page 64056]]

 
                                   316, 326, 339  Manufacturers of
                                                   rubber and
                                                   miscellaneous plastic
                                                   products.
                                             331  Steel works, blast
                                                   furnaces.
                                             332  Electroplating,
                                                   plating, polishing,
                                                   anodizing, and
                                                   coloring.
                                             336  Manufacturers of motor
                                                   vehicle parts and
                                                   accessories.
                                             221  Electric, gas, and
                                                   sanitary services.
                                             622  Health services.
                                             611  Educational services.
Electricity Generation.........           221112  Fossil-fuel fired
                                                   electric generating
                                                   units, including
                                                   units owned by
                                                   Federal and municipal
                                                   governments and units
                                                   located in Indian
                                                   Country.
Adipic Acid Production.........           325199  Adipic acid
                                                   manufacturing
                                                   facilities.
Aluminum Production............           331312  Primary Aluminum
                                                   production
                                                   facilities.
Ammonia Manufacturing..........           325311  Anhydrous and aqueous
                                                   ammonia manufacturing
                                                   facilities.
Cement Production..............           327310  Portland Cement
                                                   manufacturing plants.
Electronics Manufacturing......           334111  Microcomputers
                                                   manufacturing
                                                   facilities.
                                          334413  Semiconductor,
                                                   photovoltaic (solid-
                                                   state) device
                                                   manufacturing
                                                   facilities.
                                          334419  LCD unit screens
                                                   manufacturing
                                                   facilities.
                                 ...............  MEMS manufacturing
                                                   facilities.
Ferroalloy Production..........           331112  Ferroalloys
                                                   manufacturing
                                                   facilities.
Fluorinated Gas Production.....           325120  Industrial gases
                                                   manufacturing
                                                   facilities.
Glass Production...............           327211  Flat glass
                                                   manufacturing
                                                   facilities.
                                          327213  Glass container
                                                   manufacturing
                                                   facilities.
                                          327212  Other pressed and
                                                   blown glass and
                                                   glassware
                                                   manufacturing
                                                   facilities.
HCFC-22 Production and HFC-23             325120  Chlorodifluoromethane
 Destruction.                                      manufacturing
                                                   facilities.
Hydrogen Production............           325120  Hydrogen manufacturing
                                                   facilities.
Iron and Steel Production......           331111  Integrated iron and
                                                   steel mills, steel
                                                   companies, sinter
                                                   plants, blast
                                                   furnaces, basic
                                                   oxygen process
                                                   furnace shops.
Lead Production................           331419  Primary lead smelting
                                                   and refining
                                                   facilities.
                                          331492  Secondary lead
                                                   smelting and refining
                                                   facilities.
Lime Manufacturing.............           327410  Calcium oxide, calcium
                                                   hydroxide, dolomitic
                                                   hydrates
                                                   manufacturing
                                                   facilities.
Magnesium Production...........           331419  Primary refiners of
                                                   nonferrous metals by
                                                   electrolytic methods.
                                          331492  Secondary magnesium
                                                   processing plants.
Nitric Acid Production.........           325311  Nitric acid
                                                   manufacturing
                                                   facilities.
Petroleum and Natural Gas                 486210  Pipeline
 Systems.                                          transportation of
                                                   natural gas.
                                          221210  Natural gas
                                                   distribution
                                                   facilities.
                                             211  Extractors of crude
                                                   petroleum and natural
                                                   gas.
                                          211112  Natural gas liquid
                                                   extraction
                                                   facilities.
Petrochemical Production.......            32511  Ethylene dichloride
                                                   manufacturing
                                                   facilities.
                                          325199  Acrylonitrile,
                                                   ethylene oxide,
                                                   methanol
                                                   manufacturing
                                                   facilities.
                                          325110  Ethylene manufacturing
                                                   facilities.
                                          325182  Carbon black
                                                   manufacturing
                                                   facilities.
Petroleum Refineries...........           324110  Petroleum refineries.
Phosphoric Acid Production.....           325312  Phosphoric acid
                                                   manufacturing
                                                   facilities.
Pulp and Paper Manufacturing...           322110  Pulp mills.
                                          322121  Paper mills.
                                          322130  Paperboard mills.
Silicon Carbide Production.....           327910  Silicon carbide
                                                   abrasives
                                                   manufacturing
                                                   facilities.
Soda Ash Manufacturing.........           325181  Alkalies and chlorine
                                                   manufacturing
                                                   facilities.
                                          212391  Soda ash, natural,
                                                   mining and/or
                                                   beneficiation.
Electrical Transmission and               221121  Electric bulk power
 Distribution Equipment Use.                       transmission and
                                                   control facilities.
Titanium Dioxide Production....           325188  Titanium dioxide
                                                   manufacturing
                                                   facilities.
Underground Coal Mines.........           212113  Underground anthracite
                                                   coal mining
                                                   operations.
                                          212112  Underground bituminous
                                                   coal mining
                                                   operations.
Zinc Production................           331419  Primary zinc refining
                                                   facilities.
                                          331492  Zinc dust reclaiming
                                                   facilities,
                                                   recovering from scrap
                                                   and/or alloying
                                                   purchased metals.
Municipal Solid Waste Landfills           562212  Solid waste landfills.
                                          221320  Sewage treatment
                                                   facilities.
Industrial Wastewater Treatment           322110  Pulp mills.
                                          322121  Paper mills.
                                          322122  Newsprint mills.
                                          322130  Paperboard mills.
                                          311611  Meat processing
                                                   facilities.
                                          311411  Frozen fruit, juice,
                                                   and vegetable
                                                   manufacturing
                                                   facilities.
                                          311421  Fruit and vegetable
                                                   canning facilities.
                                          325193  Ethanol manufacturing
                                                   facilities.
Suppliers of Coal Based Liquid            211111  Coal liquefaction at
 Fuels.                                            mine sites.
Suppliers of Petroleum Products           324110  Petroleum refineries.

[[Page 64057]]

 
Suppliers of Natural Gas and              221210  Natural gas
 NGLs.                                             distribution
                                                   facilities.
                                          211112  Natural gas liquid
                                                   extraction
                                                   facilities.
Suppliers of Industrial                   325120  Industrial gas
 Greenhouse Gases.                                 manufacturing
                                                   facilities.
Suppliers of Carbon Dioxide               325120  Industrial gas
 (CO2).                                            manufacturing
                                                   facilities.
Importers and Exporters of                423730  Air-conditioning
 Fluorinated Greenhouse Gases                      equipment (except
 in Pre-charged Equipment or                       room units) merchant
 Closed-Cell Foams.                                wholesalers.
                                          333415  Air-conditioning
                                                   equipment (except
                                                   motor vehicle)
                                                   manufacturing.
                                          336391  Motor vehicle air-
                                                   conditioning
                                                   manufacturing.
                                          423620  Air-conditioners,
                                                   room, merchant
                                                   wholesalers.
                                          443111  Household appliance
                                                   stores.
                                          423730  Automotive air-
                                                   conditioners merchant
                                                   wholesalers.
                                          326150  Polyurethane foam
                                                   products
                                                   manufacturing.
                                          335313  Circuit breakers,
                                                   power, manufacturing.
                                          423610  Circuit breakers
                                                   merchant wholesalers.
Geologic Sequestration of                    N/A  CO2 geologic
 Carbon Dioxide.                                   sequestration
                                                   projects.
Electrical Equipment                       33531  Power transmission and
 Manufacture or Refurbishment.                     distribution
                                                   switchgear and
                                                   specialty
                                                   transformers
                                                   manufacturing
                                                   facilities.
Industrial Waste Landfills.....           562212  Solid waste landfills.
                                          221320  Sewage treatment
                                                   facilities.
                                          322110  Pulp mills.
                                          322121  Paper mills.
                                          322122  Newsprint mills.
                                          322130  Paperboard mills.
                                          311611  Meat processing
                                                   facilities.
                                          311411  Frozen fruit, juice,
                                                   and vegetable
                                                   manufacturing
                                                   facilities.
                                          311421  Fruit and vegetable
                                                   canning facilities.
Injection of Carbon Dioxide....              211  Oil and gas extraction
                                                   projects using CO2
                                                   enhanced oil and gas
                                                   recovery.
                                       211111 or  Projects that inject
                                          211112   acid gas containing
                                                   CO2 underground.
------------------------------------------------------------------------

    Table 1 of this preamble is not intended to be exhaustive, but 
rather provides a guide for readers regarding facilities likely to be 
affected by this action and 40 CFR part 98. Table 1 of this preamble 
lists the types of facilities that the EPA is now aware could be 
potentially affected by this action. Other types of facilities not 
listed in the table could also be affected. To determine whether your 
facility is affected by this action, you should carefully examine the 
applicability criteria found in 40 CFR part 98, subpart A, and other 
subparts as necessary. If you have questions regarding the 
applicability of this action to a particular facility, consult the 
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.

Table of Contents

I. Why is EPA issuing this Proposed Rule?
II. Does this action apply to me?
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    The correction to 40 CFR part 2 would not impose any information 
collection burden.

C. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions. For purposes of assessing the impacts of 
the amendments on small entities, small entity is defined as: (1) A 
small business as defined by the Small Business Administration's 
regulations at 13 CFR 121.201; (2) a small governmental jurisdiction 
that is a government of a city, county, town, school district or 
special district with a population of less than 50,000; and (3) a small 
organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field. 
After considering the economic impacts of today's proposed correction 
to the citation in 40 CFR part 2 on small entities, I certify that this 
action would not have a significant economic impact on a substantial 
number of small entities. In determining whether a rule has a

[[Page 64058]]

significant economic impact on a substantial number of small entities, 
the impact of concern is any significant adverse economic impact on 
small entities, since the primary purpose of the regulatory flexibility 
analyses is to identify and address regulatory alternatives ``which 
minimize any significant economic impact of the rule on small 
entities.'' 5 U.S.C. 603 and 604. Thus, an agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, or 
otherwise has a positive economic effect on all of the small entities 
subject to the rule.
    This proposed rule would not impose any new requirement on small 
entities that are not currently required by Part 98. The amendment to 
40 CFR part 2 is administrative in nature. Therefore, this rule would 
not have a significant economic impact on a substantial number of small 
entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action contains no federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for state, local, or Tribal governments or the private 
sector. The action would impose no enforceable duty on any state, local 
or Tribal governments or the private sector. Therefore, this action is 
not subject to the requirements of sections 202 or 205 of the UMRA. 
This action is also not subject to the requirements of section 203 of 
UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. The correction in 
this proposed rule revises a citation reference in one section of 40 
CFR part 2, subpart B to confirm the original intention of the 
reference by correcting the citation to statutory authority.

E. Executive Order 13132: Federalism

    This proposed change to 40 CFR part 2 would not have federalism 
implications. It would not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132. 
However, for a more detailed discussion about how Part 98 relates to 
existing state programs, please see Section II of the preamble to the 
final part 98 rule (74 FR 56266).
    The correction to 40 CFR part 2 is administrative in nature and 
would apply to data reported under Part 98 by facilities that directly 
emit GHGs or supply fuel or chemicals that may emit GHGs when used. 
Part 98 does not apply to governmental entities unless the government 
entity owns a facility that directly emits GHGs above threshold levels 
such as large stationary combustion sources or landfills, so relatively 
few government facilities would be affected. The change to 40 CFR part 
2 also would not limit the power of states or local governments to 
collect GHG data or regulate GHG emissions. Thus, Executive Order 13132 
does not apply to this action.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action is not expected to have Tribal implications, as 
specified in Executive Order 13175 (65 FR 67249, November 9, 2000), 
because this action is administrative in nature and would not impose 
any new requirements on Tribes. Thus, Executive Order 13175 does not 
apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 
1997) as applying only to those regulatory actions that concern health 
or safety risks, such that the analysis required under section 5-501 of 
the Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it would not 
establish an environmental standard intended to mitigate health or 
safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. The amendments to 40 CFR part 2 are 
administrative in nature and therefore would not have any adverse 
impacts on energy supply, distribution, or use.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note) 
directs the EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs the EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    This proposed change to 40 CFR part 2 is administrative in nature 
and would not involve technical standards. Therefore, the EPA did not 
consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    The EPA has determined that the proposed action would not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because the correction 
noted would not affect the level of protection provided to human health 
or the environment. The change to 40 CFR part 2 is administrative in 
nature and therefore would not affect the level of protection provided 
to human health or the environment.

List of Subjects in 40 CFR Part 2

    Environmental protection, Administrative practice and procedure, 
Reporting and recordkeeping requirements.

    Dated: October 11, 2011.
Lisa P. Jackson,
Administrator.
[FR Doc. 2011-26765 Filed 10-14-11; 8:45 am]
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