[Federal Register Volume 78, Number 33 (Tuesday, February 19, 2013)]
[Rules and Regulations]
[Pages 11585-11589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03469]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0417; FRL-9780-3]
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: Direct final rule.

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SUMMARY: The EPA is taking direct final action to revise 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 that are outlined in the best 
available monitoring method rule provisions.

DATES: This rule is effective on April 22, 2013 without further notice, 
unless the EPA receives adverse comment by March 21, 2013. If the EPA 
receives adverse comment by March 21, 2013, the EPA will publish a 
timely withdrawal notice in the Federal Register to inform the public 
that this rule will not take effect.

ADDRESSES: Submit your comments, identified by docket ID No. EPA-HQ-
OAR-2011-0417 by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Email: [email protected].
     Fax: (202) 566-9744.
     Mail: Environmental Protection Agency, EPA Docket Center 
(EPA/DC), Mailcode 6102T, Attention Docket ID No. EPA-HQ-OAR-2011-0417, 
1200 Pennsylvania Avenue NW., Washington, DC 20460.
     Hand/Courier Delivery: EPA Docket Center, Public Reading 
Room, EPA West Building, Room 3334, 1301 Constitution Avenue NW., 
Washington, DC 20004. Such deliveries are only accepted during the 
Docket's normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2011-0417. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be confidential business information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. Send or deliver information identified as 
CBI to only the mail or hand/courier delivery address listed above, 
attention: Docket ID No. EPA-HQ-OAR-2011-0417. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means the EPA will not know your identity or contact information unless 
you provide it in the body of your comment. If you send an email 
comment directly to the EPA without

[[Page 11586]]

going through http://www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, the EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any disk or CD-ROM you submit. If the EPA cannot read your comment due 
to technical difficulties and cannot contact you for clarification, the 
EPA may not be able to consider your comment. Electronic files should 
avoid the use of special characters, any form of encryption, and be 
free of any defects or viruses.
    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., 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 B102, 1301 Constitution Ave. NW., 
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division, 
Office of Atmospheric Programs (MC-6207J), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone 
number: (202) 343-9263; fax number: (202) 343-2342; email address: 
[email protected]. For technical information, contact the 
Greenhouse Gas Reporting Rule Hotline at: http://www.epa.gov/ghgreporting/reporters/index.html. To submit a question, select Rule 
Help Center, then select Contact Us.

SUPPLEMENTARY INFORMATION:

Why is the EPA using a direct final rule?

    The EPA is publishing this rule without a prior proposal because we 
view this as a noncontroversial action and anticipate no adverse 
comment. This change amends 40 CFR Part 98, Sec.  98.234(f)(8)(i), 
Timing of Request, to change the deadline for submitting best available 
monitoring method requests for future years. The rule has required that 
for reporting years after 2012, a new request to use best available 
monitoring methods must be submitted by September 30 of the year prior 
to the reporting year for which use of best available monitoring 
methods is sought. In this action, the EPA is revising the deadline 
from September 30 of the prior reporting year to June 30 of the prior 
reporting year. This revision does not alter the substantive 
requirements for entities regulated by the Greenhouse Gas Reporting 
Rule (40 CFR Part 98, hereinafter ``Part 98''), nor does it affect the 
final confidentiality determinations for Part 98 data that the EPA has 
made through rulemaking. However, in the ``Proposed Rules'' section of 
today's Federal Register, we are publishing a separate notice that will 
serve as the proposed rule for this amendment should the EPA receive 
adverse comment on this direct final rule. We will not institute a 
second comment period on this action. Any parties interested in 
commenting must do so by the comment deadline listed in the DATES 
section of this document. For further information about commenting on 
this rule, see the ADDRESSES section of this document.
    If the EPA receives adverse comment, we will publish a timely 
withdrawal notice in the Federal Register to inform the public that 
this direct final rule will not take effect. In that case, we will 
address all public comments in any subsequent final rule based on the 
proposed rule.

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). If finalized, these 
amended regulations could affect owners or operators of petroleum and 
natural gas systems. Regulated categories and entities may include 
those listed in Table 1 of this preamble:

                               Table 1--Examples of Affected Entities by Category
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            Source category               NAICS                   Examples of affected facilities
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Petroleum and Natural Gas Systems......   486210  Pipeline transportation of natural gas.
                                          221210  Natural gas distribution facilities.
                                             211  Extractors of crude petroleum and natural gas.
                                          211112  Natural gas liquid extraction facilities.
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    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. Although Table 1 of this preamble lists the 
types of facilities that could potentially be affected by this action, 
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 examine the applicability criteria found in 40 CFR 
part 98 Subpart A and 40 CFR part 98, subpart W. 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 April 22, 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. This section also provides a 
mechanism for us to convene a proceeding for reconsideration, ``[i]f 
the person raising an objection can demonstrate to the 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 this 
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 20004, with a copy 
to the person listed in the

[[Page 11587]]

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
EO Executive Order
EPA U.S. Environmental Protection Agency
FR Federal Register
GHG greenhouse gas
ICR information collection request
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
QA/QC Quality Assurance/Quality Control
RFA Regulatory Flexibility Act
RIA Regulatory Impact Analysis
SBA Small Business Administration
SBREFA Small Business Regulatory Enforcement and Fairness Act
U.S. United States
UMRA Unfunded Mandates Reform Act of 1995
U.S.C. United States Code

    Organization of This Document. The information presented in this 
preamble is organized as follows:

I. Background of Final Rule
II. What is the Revision to 40 CFR 98.234(f)(8)(i)?
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
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions that Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. Background of Final Rule

    On 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 either monitoring methods currently used by the 
facility that do not meet the specifications of a relevant Subpart, 
supplier data, engineering calculations, or other company records.
    Owners or operators desiring to use best available monitoring 
methods for reporting years 2012 and beyond are required to submit a 
request by September 30 of the year prior to the reporting year for 
which use of best available monitoring methods are being sought.

II. What is the Revision to 40 CFR 98.234(f)(8)(i)?

    This direct final rule amends one provision related to best 
available monitoring methods required in 40 CFR 98.234(f)(8)(i). This 
action amends the date by which owners or operators must submit a 
request to use best available monitoring methods for future reporting 
years from September 30 to June 30 of each year prior to the reporting 
year for which use of best available monitoring methods is sought. This 
amendment does not change any other best available monitoring method 
requirements as outlined in 40 CFR 98.234(f).
    EPA currently has authority to review and finalize best available 
monitoring method request determinations during the reporting year in 
which the use of best available monitoring methods are sought. However, 
making this annual deadline earlier will create a more realistic 
schedule for processing best available monitoring method requests and 
will improve EPA's ability to inform owners or operators of EPA's final 
determination prior to the reporting year for which such methods are 
sought. For example, in 2012, the EPA received more requests than 
anticipated, many of which were quite technical in nature. Based on a 
review of those requests, the EPA has determined that, additional time 
is needed to carefully review requests it may receive in future years, 
and in cases where the EPA deems it necessary, to afford time to 
request further information or to clarify questions or concerns about 
the request. The September 30 deadline does not provide a realistic 
time period to sufficiently review and process the requests and notify 
all owners or operators of final determinations.
    The EPA anticipates that this amendment will have minimal adverse 
impact on owners or operators requesting to use best available 
monitoring methods. First, the EPA believes that the amendment will 
provide greater certainty to reporters as they plan for the future 
reporting year. Further, the EPA has streamlined the submittal process 
itself, thus reducing the burden with submitting best available 
monitoring method requests to the EPA. EPA has developed a web form in 
the electronic greenhouse gas reporting tool (eGGRT) that allows 
submitters to enter information according to rule requirements. After 
an initial request has been submitted, eGGRT stores the information in 
that request and the owner or operator can use the stored information 
as the basis for a new request in subsequent reporting years.
    Finally, some owners or operators might be concerned that they will 
have to submit a best available monitoring method request earlier in 
the year and that unforeseen circumstances could arise later on in the 
year. Because it will be the fourth year of implementation of Subpart W 
of the GHGRP, the EPA expects such a scenario to be highly unlikely. 
However, should such a scenario arise, the Agency does have authority 
to review a request received after the deadline. Thus, in cases of 
uncertainty, if the reporter anticipates the potential need for best 
available monitoring methods and the situation is unresolved at the 
time of the deadline, under 40 CFR 98.234(f)(1) owners or operators may 
elect to submit written notice of the potential situation by the June 
30 deadline through the eGGRT system.
    As noted previously, 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.

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,

[[Page 11588]]

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. 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

    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 the EPA regulatory proposals with significant Federal 
intergovernmental mandates and must inform, educate, and advise small 
governments on compliance with the regulatory requirements.
    This action 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. 
Thus, the amendments in this action are not subject to the requirements 
of section 202 and 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 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 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

[[Page 11589]]

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.
    This action 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.
    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 Act, 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 April 22, 2013 without 
further notice, unless the EPA receives adverse comment by March 21, 
2013. If the EPA receives adverse comment by March 21, 2013, the EPA 
will publish a timely withdrawal notice in the Federal Register to 
inform the public that this rule will not take effect.

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: February 6, 2013.
Lisa P. Jackson,
Administrator.

    For the reasons discussed in the preamble, title 40, chapter I, of 
the Code of Federal Regulations is amended as follows:

PART 98--MANDATORY GREENHOUSE GAS REPORTING

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 April 22, 2013 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 paragraph (f)(8)(ii) of this section by March 30, 2012. 
Any best available monitoring methods request submitted prior to April 
22, 2013 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 
timely notice of intent and extension request consistent with paragraph 
(f)(8)(ii) of this section 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. 2013-03469 Filed 2-15-13; 8:45 am]
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