[Federal Register Volume 90, Number 94 (Friday, May 16, 2025)]
[Proposed Rules]
[Pages 20828-20831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08585]
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DEPARTMENT OF ENERGY
10 CFR Part 300
[EERE-2025-OT-0034]
RIN 1904-AG05
Rescinding Reporting Requirements, Certification, Independent
Verification, and DOE Review for Voluntary Greenhouse Gas Reporting
AGENCY: U.S. Energy Information Administration, Department of Energy.
[[Page 20829]]
ACTION: Notice of proposed rulemaking; request for comments.
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SUMMARY: The Department of Energy (DOE or the Department) is proposing
to rescind reporting requirements, certification, independent
verification, and DOE review for the Voluntary Greenhouse Gas Reporting
Program. DOE seeks all comments on any aspects of this proposal.
DATES: Comments: Written comments and information are requested and
will be accepted on or before June 16, 2025.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov under docket
number EERE-2025-OT-0034. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2025-OT-0034 and or regulatory
identification number (RIN) 1904-AG05, by any of the following methods:
(1) Email: [email protected]. Include the docket
number EERE-2025-OT-0034 and/or RIN 1904-AG05 in the subject line of
the message. Submit electronic comments in Microsoft Word, Excel or PDF
file format, and avoid the use of special characters or any form of
encryption.
No telefacsimiles (faxes) will be accepted.
Docket: The docket for this rulemaking, which includes Federal
Register notices, comments, and other supporting documents and
materials, is available for review at www.regulations.gov. All
documents in the docket are listed in the www.regulations.gov index.
However, not all documents listed in the index may be publicly
available, such as information that is exempt from public disclosure.
The docket web page can be found at www.regulations.gov/docket/EERE-2025-OT-0034. The docket web page contains instructions on how to
access all documents, including public comments, in the docket, as well
as a summary of the rulemaking. In accordance with 5 U.S.C. 553(b)(4),
a summary of this rule may be found at regulations.gov, under the
docket number EERE-2025-OT-0034.
FOR FURTHER INFORMATION CONTACT: U.S. Energy Information
Administration, U.S. Department of Energy, 1000 Independence Avenue SW,
Washington, DC 20585-0121. Email: [email protected].
Mr. David Taggert, U.S. Department of Energy, Office of the General
Counsel, GC-1, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-5281. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Discussion
II. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
III. Approval of the Office of the Secretary
I. Discussion
The Voluntary Greenhouse Gas Reporting Program allows corporations,
government agencies, other public and private entities, and even
households to file voluntary reports about their greenhouse gas
emissions. DOE regulations set the requirements for, and DOE intake of,
these reports. DOE regulations set a specific deadline for annual
reports, require entities to maintain adequate records, and follow
detailed procedures to revise reports. 10 CFR 300.9. DOE regulations
require a detailed certification statement. 10 CFR 300.10. DOE
regulations also encourage independent verification of reports by
professional verifiers. 10 CFR 300.11. Furthermore, DOE regulations
require review of ``all reports for completeness, internal consistency,
arithmetic accuracy and plausibility.'' 10 CFR 300.12. DOE is proposing
to rescind these reporting requirements, certification statements, the
encouragement of independent verification, and DOE review. The
regulations will retain, consistent with 42 U.S.C. 13385, detailed
procedures for voluntarily calculating and submitting greenhouse gas
emissions, codified in the rest of 10 CFR part 300. DOE seeks comment
on all aspects of that proposal, including but not limited to 10 CFR
part 300's consistency with statutory authority and the constitution,
the costs and benefits, and the part's effect on innovation,
development, and private enterprise.
II. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866
Executive Order (E.O.) 12866, ``Regulatory Planning and Review,''
requires agencies, to the extent permitted by law, to (1) propose or
adopt a regulation only upon a reasoned determination that its benefits
justify its costs (recognizing that some benefits and costs are
difficult to quantify); (2) tailor regulations to impose the least
burden on society, consistent with obtaining regulatory objectives,
taking into account, among other things, and to the extent practicable,
the costs of cumulative regulations; (3) select, in choosing among
alternative regulatory approaches, those approaches that maximize net
benefits; (4) to the extent feasible, specify performance objectives,
rather than specifying the behavior or manner of compliance that
regulated entities must adopt; and (5) identify and assess available
alternatives to direct regulation, including providing economic
incentives to encourage the desired behavior, such as user fees or
marketable permits, or providing information upon which choices can be
made by the public.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (IRFA) and a
final regulatory flexibility analysis (FRFA) for any rule that by law
must be proposed for public comment, unless the agency certifies that
the rule, if promulgated, will not have a significant economic impact
on a substantial number of small entities. As required by E.O. 13272,
``Proper Consideration of Small Entities in Agency Rulemaking,'' 67 FR
53461 (August 16, 2002), DOE published procedures and policies on
February 19, 2003, to ensure that the potential impacts of its rules on
small entities are properly considered during the rulemaking process.
68 FR 7990. DOE has made its procedures and policies available on the
Office of the General Counsel's website (www.energy.gov/gc/office-general-counsel).
DOE reviewed this proposed rule under the provisions of the
Regulatory Flexibility Act and the policies and procedures published on
February 19, 2003. This proposal eliminates requirements. Therefore,
DOE initially concludes that the impacts of the proposed action would
not have a ``significant economic impact on a substantial number of
small entities,''
[[Page 20830]]
and, therefore, the preparation of an IRFA is not warranted. DOE will
transmit this certification and supporting statement of factual basis
to the Chief Counsel for Advocacy of the Small Business Administration
for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act
This proposed action imposes no new information or record-keeping
requirements. Accordingly, OMB clearance is not required under the
Paperwork Reduction Act. (44 U.S.C. 3501 et seq.).
D. Review Under the National Environmental Policy Act of 1969
DOE is analyzing this proposed action in accordance with the
National Environmental Policy Act of 1969, as amended, (NEPA) and DOE's
NEPA implementing regulations (10 CFR part 1021). DOE's regulations
include categorical exclusions for certain rulemakings. See 10 CFR part
1021, subpart D, appendices A and B. DOE is considering the categorical
exclusions potentially applicable to this proposed rule and welcomes
comment on the potential application of categorical exclusion(s). DOE
will complete its NEPA review before issuing the final rule.
E. Review Under Executive Order 13132
E.O. 13132, ``Federalism,'' 64 FR 43255 (August 10, 1999), imposes
certain requirements on Federal agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The Executive order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735.
DOE has examined this proposal and has tentatively determined that
it would not have a substantial direct effect 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. Therefore, no further action is required by E.O. 13132.
F. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform,'' imposes on Federal agencies the general duty to
adhere to the following requirements: (1) eliminate drafting errors and
ambiguity, (2) write regulations to minimize litigation, (3) provide a
clear legal standard for affected conduct rather than a general
standard, and (4) promote simplification and burden reduction. 61 FR
4729 (Feb. 7, 1996). Regarding the review required by section 3(a),
section 3(b) of E.O. 12988 specifically requires that Executive
agencies make every reasonable effort to ensure that the regulation (1)
clearly specifies the preemptive effect, if any, (2) clearly specifies
any effect on existing Federal law or regulation, (3) provides a clear
legal standard for affected conduct while promoting simplification and
burden reduction, (4) specifies the retroactive effect, if any, (5)
adequately defines key terms, and (6) addresses other important issues
affecting clarity and general draftsmanship under any guidelines issued
by the Attorney General.
Section 3(c) of E.O. 12988 requires Executive agencies to review
regulations in light of applicable standards in section 3(a) and
section 3(b) to determine whether they are met or it is unreasonable to
meet one or more of them. DOE has completed the required review and
determined that, to the extent permitted by law, this proposed action
meets the relevant standards of E.O. 12988.
G. Review Under the Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action likely to result in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect them. On March 18, 1997, DOE published
a statement of policy on its process for intergovernmental consultation
under UMRA. 62 FR 12820. DOE's policy statement is also available at
www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf.
DOE examined this proposed action according to UMRA and its
statement of policy and determined that the proposed rule does not
contain a Federal intergovernmental mandate, nor is it expected to
require expenditures of $100 million or more in any one year by State,
local, and Tribal governments, in the aggregate, or by the private
sector. As a result, the analytical requirements of UMRA do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights,'' 53 FR 8859 (March
18, 1988), DOE has determined that this proposed rule would not result
in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to
review most disseminations of information to the public under
information quality guidelines established by each agency pursuant to
general guidelines issued by OMB. OMB's guidelines were published at 67
FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR
62446 (Oct. 7, 2002). Pursuant to
[[Page 20831]]
OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at: https://www.energy.gov/cio/department-energy-information-quality-guidelines. DOE has reviewed this proposed rule
under the OMB and DOE guidelines and has concluded that it is
consistent with applicable policies in those guidelines.
K. Review Under Executive Order 13211
E.O. 13211, ``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 (May 22,
2001), requires Federal agencies to prepare and submit to OIRA at OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgates or is expected to lead to promulgation of a final
rule, and that: (1) is a significant regulatory action under Executive
Order 12866, or any successor order and is likely to have a significant
adverse effect on the supply, distribution, or use of energy; or (2) is
designated by the Administrator of OIRA as a significant energy action.
For any significant energy action, the agency must give a detailed
statement of any adverse effects on energy supply, distribution, or use
should the proposal be implemented, and of reasonable alternatives to
the action and their expected benefits on energy supply, distribution,
and use. DOE will assess the need for preparation of a Statement of
Energy Effects under E.O. 13211.
L. Review Under Additional Executive Orders and Presidential Memoranda
DOE has examined this proposed rule and has tentatively determined
that it is consistent with the policies and directives outlined in E.O.
14154 ``Unleashing American Energy,'': E.O. 14192, ``Unleashing
Prosperity Through Deregulation,'' and Presidential Memorandum,
``Delivering Emergency Price Relief for American Families and Defeating
the Cost-of-Living Crisis.'' This proposed rescission, if finalized as
proposed, is expected to be an Executive Order 14192 deregulatory
action.
III. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this notice of
proposed rulemaking; request for comment.
List of Subjects in 10 CFR Part 300
Administrative practice and procedure, Energy, Greenhouse gases,
Reporting and recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on May 9,
2025, by Chris Wright, Secretary of Energy. That document with the
original signature and date is maintained by DOE. For administrative
purposes only, and in compliance with requirements of the Office of the
Federal Register, the undersigned DOE Federal Register Liaison Officer
has been authorized to sign and submit the document in electronic
format for publication, as an official document of the Department of
Energy. This administrative process in no way alters the legal effect
of this document upon publication in the Federal Register.
Signed in Washington, DC, on May 9, 2025.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, DOE is proposing to
amend part 300 of chapter II, subchapter B, of title 10 of the Code of
Federal Regulations, as set forth:
PART 300-VOLUNTARY GREENHOUSE GAS REPORTING PROGRAM: GENERAL
GUIDELINES
0
1. The authority citation for part 300 continues to read as follows:
Authority: 42 U.S.C. 7101, et seq., and 42 U.S.C. 13385(b).
Sec. 300.9 [Removed and reserved]
0
2. Remove and reserve Sec. 300.9.
Sec. 300.10 [Removed and reserved]
0
3. Remove and reserve Sec. 300.10.
Sec. 300.11 [Removed and reserved]
0
4. Remove and reserve Sec. 300.11.
Sec. 300.12 [Removed and reserved]
0
5. Remove and reserve Sec. 300.12.
[FR Doc. 2025-08585 Filed 5-12-25; 9:30 am]
BILLING CODE 6450-01-P