14812 Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Rules and Regulations 

DELEGATION STATUS FOR PART 63 STANDARDS—ARIZONA—Continued 

Subpart Description ADEQ 1 MCAQD 2 PDEQ 3 PCAQCD 4

ZZZZZZ ............ Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries..................... X .................... ....................

1Arizona Department of Environmental Quality. 

2 Maricopa County Air Quality Department. 

3Pima County Department of Environmental Quality. 

4Pinal County Air Quality Control District. 

(5) * * * 

(i) * * * 

(B) * * * 

(11) Santa Barbara County Air 

Pollution Control District. 

(12) Ventura County Air Pollution 

Control District. 

(13) Yolo-Solano Air Quality 

Management District. 

* * * * * 

[FR Doc. 2011–6425 Filed 3–17–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2007–0562; EPA–HQ–OAR– 

2010–0163; FRL–9261–3] 

RIN–2060–AQ30 

Additional Air Quality Designations for 

the 2006 24-Hour Fine Particle National 

Ambient Air Quality Standards, 

110(k)(6) Correction and Technical 

Correction Related to Prior 

Designation, and Decisions Related to 

the 1997 Air Quality Designations and 

Classifications for the Annual Fine 

Particles National Ambient Air Quality 

Standards 

Correction 

In rule document 2011–2269 

appearing on pages 6056–6066 in the 

issue of Thursday, February 3, 2011, 

make the following corrections: 

§ 81.303 [Table Corrected] 

■ 1. On page 6064, in the table for 

Arizona, in the last row, in the last 

column labeled ‘‘Type’’, ‘‘Unclassifiable/ 

Attainment’’ should read ‘‘................’’. 

■ 2. On page 6065, in the table for 

Arizona, in the first row, in the last 

column labeled ‘‘Type’’, ‘‘Unclassifiable/ 

Attainment’’ should read ‘‘................’’. 

[FR Doc. C1–2011–2269 Filed 3–17–11; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2011–0191; FRL–9283–7] 

RIN 2060–AQ87 

Final Regulation Extending the 

Reporting Deadline for Year 2010 Data 

Elements Required Under the 

Mandatory Reporting of Greenhouse 

Gases Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is promulgating this final 

rule to extend until September 30, 2011 

the reporting deadline for year 2010 

data required under the Mandatory 

Reporting of Greenhouse Gases Rule. 

This deadline extension will, in the first 

year of the Greenhouse Gas Reporting 

Program, allow time for needed 

refinement of the electronic data 

reporting system, stakeholder testing of 

the reporting system and feedback to 

EPA, and reporter access to the 

reporting system in advance of the 

reporting deadline. This rule changes 

only the deadline for reporting for 2011; 

it does not change the reporting 

deadline for future years and does not 

change what data must be reported. 

DATES: This final rule is effective on 

March 18, 2011. 

ADDRESSES: Docket: All documents in 

the docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Docket, EPA/DC, EPA West 

Building, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding Federal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the Air Docket 

is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Carole Cook, Climate Change Division, 

Office of Atmospheric Programs (MC– 

6207J), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number: (202) 343–9263; fax number: 

(202) 343–2342; e-mail address: 

GHGReportingRule@EPA.gov. 

Worldwide Web (WWW). In addition 

to being available in the docket, an 

electronic pre-publication copy of this 

final rule will also be available through 

the WWW. Following the 

Administrator’s signature, a copy of this 

action will be posted on EPA’s 

greenhouse gas reporting rule Web site 

at http://www.epa.gov/climatechange/ 

emissions/ghgrulemaking.html. 

SUPPLEMENTARY INFORMATION: Acronyms 

and Abbreviations. The following 

acronyms and abbreviations are used in 

this document. 

APA Administrative Procedure Act 

CAA Clean Air Act 

CBI Confidential Business Information 

CEMS continuous emission monitoring 

system(s) 

CFR Code of Federal Regulations 

CRA Congressional Review Act 

e-GGRT Electronic Greenhouse Gas 

Reporting Tool 

EPA U.S. Environmental Protection Agency 

FR Federal Register 

GHG greenhouse gas 

NAICS North American Industry 

Classification System 

NTTAA National Technology Transfer and 

Advancement Act 

OMB Office of Management and Budget 

RFA Regulatory Flexibility Act 

UMRA Unfunded Mandates Reform Act 

U.S.C. United States Code 

WWW Worldwide Web 

Organization of this Document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background 

II. Summary of the Final Rule 

A. Facilities Affected 

B. Amendment 

III. Rationale for the Final Rule 

IV. Need for a Final Rule 

V. Statutory and Executive Order Reviews 

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Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Rules and Regulations 14813 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

Does this action apply to me? The 

Administrator determined that this 

action is subject to the provisions of 

Clean Air Act (CAA) section 307(d). See 

CAA section 307(d)(1)(V) (the 

provisions of CAA section 307(d) apply 

to ‘‘such other actions as the 

Administrator may determine’’). This 

action amends existing regulations. 

Entities affected by this action are 

owners or operators of facilities that are 

direct emitters or suppliers of 

greenhouse gases (GHGs) and are 

required to report these emissions under 

40 CFR part 98 (hereinafter referred to 

as ‘‘reporters’’), which include those 

listed in Table 1 of this preamble: 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY

Category NAICS Examples of affected facilities 

General Stationary Fuel Combustion 

Sources.

Facilities operating boilers, process heaters, incinerators, turbines, and internal 

combustion engines: 

321 Manufacturers of lumber and wood products. 

322 Pulp and paper mills. 

325 Chemical manufacturers. 

324 Petroleum refineries, and manufacturers of coal products. 

316, 326, 339 Manufacturers of rubber and miscellaneous plastic products. 

331 Steel works, blast furnaces. 

332 Electroplating, plating, polishing, anodizing, and coloring. 

336 Manufacturers of motor vehicle parts and accessories. 

221 Electric, gas, and sanitary services. 

622 Health services. 

611 Educational services. 

325193 Ethyl alcohol manufacturing facilities. 

311611 Meat processing facilities. 

311411 Frozen fruit, juice, and vegetable manufacturing facilities. 

311421 Fruit and vegetable canning facilities. 

Electricity Generation .............................. 221112 Fossil-fuel fired electric generating units, including units owned by Federal and 

municipal governments and units located in Indian Country. 

Adipic Acid Production ............................ 325199 Adipic acid manufacturing facilities. 

Aluminum Production .............................. 331312 Primary Aluminum production facilities. 

Ammonia Manufacturing .......................... 325311 Anhydrous and aqueous ammonia manufacturing facilities. 

Cement Production .................................. 327310 Portland Cement manufacturing plants. 

Ferroalloy Production .............................. 331112 Ferroalloys manufacturing facilities. 

Glass Production ..................................... 327211 Flat glass manufacturing facilities. 

327213 Glass container manufacturing facilities. 

327212 Other pressed and blown glass and glassware manufacturing facilities. 

HCFC–22 Production and HFC–23 Destruction.325120 Chlorodifluoromethane manufacturing facilities. 

Hydrogen Production ............................... 325120 Hydrogen manufacturing facilities. 

Iron and Steel Production ........................ 331111 Integrated iron and steel mills, steel companies, sinter plants, blast furnaces, 

basic oxygen process furnace shops. 

Lead Production ...................................... 331419 Primary lead smelting and refining facilities. 

331492 Secondary lead smelting and refining facilities. 

Lime Production ....................................... 327410 Calcium oxide, calcium hydroxide, dolomitic hydrates manufacturing facilities. 

Municipal Solid Waste Landfills ............... 562212 Solid waste landfills. 

221320 Sewage treatment facilities. 

Nitric Acid Production .............................. 325311 Nitric acid manufacturing facilities. 

Petrochemical Production ........................ 32511 Ethylene dichloride manufacturing facilities. 

325199 Acrylonitrile, ethylene oxide, methanol manufacturing facilities. 

325110 Ethylene manufacturing facilities. 

325182 Carbon black manufacturing facilities. 

Petroleum Refineries ............................... 324110 Petroleum refineries. 

Phosphoric Acid Production .................... 325312 Phosphoric acid manufacturing facilities. 

Pulp and Paper Manufacturing ................ 322110 Pulp mills. 

322121 Paper mills. 

322130 Paperboard mills. 

Silicon Carbide Production ...................... 327910 Silicon carbide abrasives manufacturing facilities. 

Soda Ash Manufacturing ......................... 325181 Alkalies and chlorine manufacturing facilities. 

212391 Soda ash, natural, mining and/or beneficiation. 

Titanium Dioxide Production ................... 325188 Titanium dioxide manufacturing facilities. 

Zinc Production ........................................ 331419 Primary zinc refining facilities. 

331492 Zinc dust reclaiming facilities, recovering from scrap and/or alloying purchased 

metals. 

Municipal Solid Waste Landfills ............... 562212 Solid waste landfills. 

221320 Sewage treatment facilities. 

Suppliers of Coal-based Liquid Fuels ..... 211111 Coal liquefaction at mine sites. 

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14814 Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Rules and Regulations 

1Certain source categories were revised in an 

action published on Dec. 17, 2010 (75 FR 79092). 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY—Continued 

Category NAICS Examples of affected facilities 

Suppliers of Petroleum Products ............. 324110 Petroleum refineries. 

Suppliers of Natural Gas and Natural 

Gas Liquids.

221210 Natural gas distribution facilities. 

211112 Natural gas liquid extraction facilities. 

Suppliers of Industrial Greenhouse 

Gases.

325120 Industrial gas manufacturing facilities. 

Suppliers of Carbon Dioxide ................... 325120 Industrial gas manufacturing facilities. 

Table 1 of this preamble is not 

intended to be exhaustive, but rather 

provides a guide for readers regarding 

facilities likely to be affected by this 

action. Types of facilities other than 

those listed in the table could also be 

subject to reporting requirements. To 

determine whether you are affected by 

this action, you should carefully 

examine the applicability criteria found 

in 40 CFR part 98, subparts C through 

PP, excluding subparts I, J, L, M, T, W, 

DD, FF, II, JJ, and KK. If you have 

questions regarding the applicability of 

this action to a particular facility, 

consult the person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section. 

Judicial Review. Under CAA section 

307(b)(1), judicial review of this final 

rule is available only by filing a petition 

for review in the U.S. Court of Appeals 

for the District of Columbia Circuit by 

May 17, 2011. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule for the purpose of judicial 

review nor does it extend the time 

within which petitions for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. Any person seeking to submit 

a Petition for Reconsideration should 

submit it to the Office of the 

Administrator, Environmental 

Protection Agency, Room 3000, Ariel 

Rios Building, 1200 Pennsylvania Ave., 

NW., Washington, DC 20004, with a 

copy to the person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section, and the Associate 

General Counsel for the Air and 

Radiation Law Office, Office of General 

Counsel (Mail Code 2344A), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20004. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See CAA 

section 307(b)(2)). 

I. Background 

On October 30, 2009, EPA published 

the Mandatory GHG Reporting Rule (40 

CFR part 98) for collecting information 

regarding GHGs from a broad range of 

industry sectors (74 FR 56260). Under 

40 CFR part 98 (hereinafter referred to 

as ‘‘Part 98’’) and its subsequent 

amendments, EPA is collecting data 

from certain facilities and suppliers. 

The data to be reported consists of GHG 

emissions information as well as other 

data, including information necessary to 

characterize, quantify, and verify the 

reported emissions. For reporters 

required to submit 2010 GHG data 

under Part 98, the original reporting 

deadline was March 31, 2011. 

As explained in the preamble to the 

2009 reporting rule, the GHG Reporting 

Program requires electronic reporting 

through a centralized data system (40 

CFR 98.5). Electronic reporting 

facilitates efficient and effective review 

of the large volume of data anticipated 

to be reported. The data system, called 

the Electronic Greenhouse Gas 

Reporting Tool (e-GGRT), guides 

reporters through registration and 

provides an option for reporting using 

step-by-step Web forms or through bulk 

transmission of data using a standard 

extensible markup language (XML) 

format. Development of the reporting 

tool has involved translating the 

detailed industry-specific reporting 

requirements of Part 98 into a userfriendly software program. The 

registration module of the tool has been 

available since December 2010. EPA has 

been developing the subpart reporting 

modules since the final requirements for 

Part 98 were issued. 

Since the final rule establishing Part 

98 was published in October 2009, we 

have published several rule 

amendments. These include addition of 

facility- and parent-level reporting 

requirements (75 FR 57669, September 

22, 2010); technical corrections and 

other amendments (75 FR 66434, 

October 28, 2010); changes partially in 

response to petitions for review and 

reconsideration (75 FR 79092, December 

17, 2010); and interim changes in 

response to industry concerns about 

potential public availability of sensitive 

data (75 FR 81338, December 27, 2010). 

Though e-GGRT development began in 

2009, each amendment or addition to 

the Part 98 reporting requirements has 

also necessitated changes to the data 

reporting system. 

In the preamble to Part 98, we 

described our intention to make the 

electronic reporting system, along with 

training and instructional materials, 

available to reporters before the 

reporting deadline. (See, e.g., 74 FR 

56282.) This would allow those 

reporters to become familiar with the 

tool, to request any needed guidance 

from EPA, and to receive EPA guidance 

and training in advance of the reporting 

deadline, as occurred with the 

registration module released in 

December 2010. In the preamble to Part 

98, we also described our intention to 

engage stakeholders in testing of the 

data reporting system (see, e.g., 74 FR 

56358), which would allow EPA to use 

stakeholder feedback to refine the final 

version of the reporting system. 

To that end, EPA is issuing this final 

rule extending the Part 98 reporting 

deadline in the first year of the reporting 

program to allow time for needed data 

system refinement, stakeholder testing 

of the data system and feedback to EPA, 

and reporter access to e-GGRT in 

advance of the reporting deadline. 

II. Summary of the Final Rule 

A. Reporters Affected 

This action affects only reporters that 

are subject to the source categoryspecific reporting requirements in 40 

CFR part 98, subparts C through PP, 

excluding subparts I, J, L, M, T, W, DD, 

FF, II, JJ, and KK. This includes only 

reporters covered by the Part 98 

subparts published on October 30, 2009, 

which require these facilities and 

suppliers to begin monitoring emissions 

on January 1, 2010 and to submit their 

first annual GHG report (covering 

calendar year 2010 emissions) by March 

31, 2011. The list of affected source 

categories is provided in Table 2 of this 

preamble.1

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Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Rules and Regulations 14815 

TABLE 2—SOURCE CATEGORIES COVERED BY THIS ACTION

Source category 

40 CFR 

part 98 

subpart 

Federal Register notice 

General Stationary Fuel Combustion Sources .................................................................... C 74 FR 56260, 75 FR 79092. 

Electricity Generation .......................................................................................................... D 74 FR 56260, 75 FR 79092. 

Adipic Acid Production ........................................................................................................ E 74 FR 56260, 75 FR 66434. 

Aluminum Production .......................................................................................................... F 74 FR 56260, 75 FR 79092. 

Ammonia Manufacturing ...................................................................................................... G 74 FR 56260, 75 FR 79092. 

Cement Production .............................................................................................................. H 74 FR 56260, 75 FR 66434. 

Ferroalloy Production .......................................................................................................... K 74 FR 56260, 75 FR 66434. 

Glass Production ................................................................................................................. N 74 FR 56260, 75 FR 66434. 

HCFC–22 Production and HFC–23 Destruction ................................................................. O 74 FR 56260, 75 FR 66434. 

Hydrogen Production ........................................................................................................... P 74 FR 56260, 75 FR 66434, 75 FR 79092. 

Iron and Steel Production .................................................................................................... Q 74 FR 56260, 75 FR 66434. 

Lead Production .................................................................................................................. R 74 FR 56260. 

Lime Manufacturing ............................................................................................................. S 74 FR 56260, 75 FR 66434. 

Miscellaneous Uses of Carbonate ...................................................................................... U 74 FR 56260. 

Nitric Acid Production .......................................................................................................... V 74 FR 56260, 75 FR 66434, 75 FR 79092. 

Petrochemical Production .................................................................................................... X 74 FR 56260, 75 FR 79092. 

Petroleum Refineries ........................................................................................................... Y 74 FR 56260, 75 FR 79092. 

Phosphoric Acid Production ................................................................................................ Z 74 FR 56260, 75 FR 66434. 

Pulp and Paper Manufacturing ............................................................................................ AA 74 FR 56260, 75 FR 79092. 

Silicon Carbide Production .................................................................................................. BB 74 FR 56260. 

Soda Ash Manufacturing ..................................................................................................... CC 74 FR 56260, 75 FR 66434. 

Titanium Dioxide Production ................................................................................................ EE 74 FR 56260, 75 FR 66434. 

Zinc Production .................................................................................................................... GG 74 FR 56260, 75 FR 66434. 

Municipal Solid Waste Landfills ........................................................................................... HH 74 FR 56260, 75 FR 66434. 

Suppliers of Coal-based Liquid Fuels ................................................................................. LL 74 FR 56260. 

Suppliers of Petroleum Products ......................................................................................... MM 74 FR 56260, 75 FR 66434. 

Suppliers of Natural Gas and Natural Gas Liquids ............................................................. NN 74 FR 56260, 75 FR 66434, 75 FR 79092. 

Suppliers of Industrial Greenhouse Gases ......................................................................... OO 74 FR 56260, 75 FR 79092. 

Suppliers of Carbon Dioxide ................................................................................................ PP 74 FR 56260, 75 FR 79092. 

B. Amendment 

This amendment to Part 98 extends 

the regulatory deadline for reporters to 

report their 2010 GHG data from the 

current regulatory deadline of March 31, 

2011 until September 30, 2011. This 

deadline extension includes the 

reporting deadline for those data 

elements used as inputs to emission 

equations, which was deferred in the 

Interim Final Regulation Deferring the 

Reporting Date for Certain Data 

Elements Required Under the 

Mandatory Reporting of Greenhouse 

Gases Rule (75 FR 81338, December 27, 

2010). Because the regulatory deadline 

for reporters of 2010 GHG data to 

register in e-GGRT by submitting a 

certificate of representation is at least 60 

days before the reporting deadline (40 

CFR 98.4(d)), this reporting deadline 

extension also has the effect of 

extending the registration deadline to at 

least 60 days before September 30, 2011. 

This rule also corrects a typographical 

error in 40 CFR part 98.3 by 

redesignating the second paragraph 

(c)(4)(vi) as paragraph (c)(4)(viii). This 

final rule does not change any other 

requirements of Part 98 or extend the 

reporting deadline for future years. 

III. Rationale for the Final Rule 

EPA has determined that an extension 

of the deadline for reporting 2010 GHG 

data under Part 98 is necessary to help 

successfully implement the reporting 

tool and improve reporting and data 

quality in the first year of the program. 

EPA deems this reporting deadline 

extension necessary to allow EPA to test 

and refine e-GGRT more extensively; 

give stakeholders the opportunity to test 

the tool and provide feedback to EPA, 

allowing us to further refine the tool and 

better tailor our training and outreach; 

and give reporters time to become 

familiar with the tool in advance of the 

reporting deadline, improving their 

reporting experience and the quality of 

the reported data. 

IV. Need for a Final Rule 

EPA is issuing this final rule under 

section 307(d)(1) of the Clean Air Act, 

which states: ‘‘The provisions of section 

553 through 557 * * * of Title 5 shall 

not, except as expressly provided in this 

section, apply to actions to which this 

subsection applies. This subsection 

shall not apply in the case of any rule 

or circumstance referred to in 

subparagraphs (A) or (B) of subsection 

553(b) of Title 5.’’ Consistent with this 

language, EPA is using the good cause 

exemption under the Administrative 

Procedure Act (APA) to take the actions 

set forth in this final rule without prior 

notice and comment. See 5 U.S.C. 

553(b)(B). Section 553(b) of the APA 

generally requires that any rule to which 

it applies be issued only after the public 

has received notice of, and had an 

opportunity to comment on, the 

proposed rule. However, APA section 

553(b)(B) exempts from those 

requirements any rule for which the 

issuing agency for good cause finds that 

providing prior notice and comment 

would be impracticable, unnecessary, or 

contrary to the public interest. Thus, 

any rule for which EPA makes such a 

finding is exempt from the notice and 

comment requirements of APA section 

553(b). 

As explained below, EPA finds good 

cause to take the actions set forth in this 

final rule without prior notice and 

comment because providing prior notice 

and comment would be impracticable, 

unnecessary, and contrary to the public 

interest. Notice and comment on this 

short deadline extension are 

impracticable, as EPA likely would not 

be able to complete a notice and 

comment rulemaking for a deadline 

extension before the original March 31, 

2011 reporting deadline, thus defeating 

the purpose of undertaking such a 

rulemaking. As described in Section I of 

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14816 Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Rules and Regulations 

this preamble, EPA deems it important 

to engage stakeholders in testing the 

Part 98 data reporting system and to use 

their feedback to refine the system prior 

to the system’s public release. Also as 

described above, EPA also deems it 

important to improve the reporting 

experience and data quality by giving 

reporters access to the reporting tool far 

enough in advance of the first year’s 

reporting deadline for reporters to 

become familiar with the tool and for 

EPA to tailor outreach and training 

based on their questions and feedback. 

The changes to the reporting system 

required by the various additions and 

amendments to Part 98, listed in Section 

I of this preamble, cumulatively 

prevented EPA from developing the 

reporting tool in time to complete these 

activities in advance of the original 

reporting date. These cumulative effects 

did not become apparent in time for 

EPA to extend the reporting deadline 

through a notice and comment 

rulemaking process, making that process 

impracticable and necessitating this 

final rule. Additionally, in January and 

February 2011, EPA received far more 

requests for assistance with registration 

in e-GGRT, required for all reporters in 

advance of reporting, than had been 

expected. The number and diversity of 

requests for clarification or assistance 

with registration are strong evidence of 

the necessity of stakeholder testing and 

advanced reporter familiarity with the 

reporting system that only recently 

came to light. 

Further, given the short period of time 

that this final rule will extend the 

reporting deadline, and the fact that this 

rule will extend the deadline only for 

2010 data, EPA considers soliciting 

public comment on this final rule to be 

unnecessary. This final rule simply 

provides the Agency with brief 

additional time to engage stakeholders 

in testing, incorporate feedback, and 

make final improvements to the Part 98 

electronic reporting tool, as well as to 

give reporters time to become familiar 

with the tool in advance of the reporting 

deadline in the first year of the program. 

EPA’s intent to publish non-confidential 

2010 data by the end of 2011 remains 

unchanged. 

EPA also considers soliciting public 

comment on this final rule, which likely 

would prevent the rule from being 

finalized in time to extend the reporting 

deadline by March 31, 2011, to be 

contrary to the public interest. EPA is 

briefly extending the deadline for 

reporting 2010 data to allow EPA to 

solicit additional stakeholder feedback 

and make final improvements to the 

electronic data reporting tool that are 

important to the success of the reporting 

program. These adjustments will 

improve the tool, improve user 

experience with the tool and with the 

reporting program, and ultimately 

provide higher quality greenhouse gas 

emissions data to EPA and to the public. 

Further, even if EPA could complete a 

notice and comment deadline extension 

before March 31, 2011, the risk that we 

would not be able to complete such a 

rulemaking before the original reporting 

deadline would create regulatory 

uncertainty. EPA thus finds good cause 

to briefly extend the reporting deadline 

without notice and comment. 

EPA is also using the APA’s good 

cause exemption to make this final rule 

effective on March 18, 2011. See 5 

U.S.C. 553(d)(3). Section 553(d) of the 

APA, 5 U.S.C. Chapter 5, generally 

provides that rules may not take effect 

earlier than 30 days after they are 

published in the Federal Register. EPA 

is issuing this final rule under CAA 

section 307(d)(1), which states: ‘‘The 

provisions of section 553 through 557 

* * * of Title 5 shall not, except as 

expressly provided in this section, 

apply to actions to which this 

subsection applies.’’ Thus, section 

553(d) of the APA does not apply to this 

rule. EPA is nevertheless acting 

consistently with the purposes 

underlying APA section 553(d) in 

making this rule effective on March 18, 

2011. 

Section 553(d)(3) of the APA allows 

an effective date less than 30 days after 

publication ‘‘as otherwise provided by 

the agency for good cause found and 

published with the rule.’’ As explained 

below, EPA finds that there is good 

cause for this rule to become effective 

on March 18, 2011, even though this 

results in an effective date fewer than 30 

days from date of publication in the 

Federal Register. 

The purpose of the 30-day waiting 

period prescribed in APA section 553(d) 

is to give affected parties a reasonable 

time period to adjust their behavior and 

prepare before the final rule takes effect. 

This final rule extends a reporting 

deadline, requiring little preparation or 

behavior adjustment. A shorter effective 

date in such circumstances is consistent 

with the purposes of APA section 

553(d), which provides an exception for 

any action that grants or recognizes an 

exemption or relieves a restriction. 

Further, APA section 553(d)(3) provides 

that if the issuing agency has made a 

finding of good cause and published its 

reasoning with the rule, the rule may 

take effect sooner than 30 days. EPA has 

determined that good cause exists to 

extend the reporting deadline for 2010 

data until September 30, 2011 in this 

final rule without prior notice and 

comment, because prior notice and 

comment would be impracticable, 

unnecessary, and contrary to the public 

interest for the reasons stated above. 

Accordingly, we find that good cause 

exists to make this rule effective on 

March 18, 2011, consistent with the 

purposes of APA section 553(d)(3). 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under the Executive 

Order. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. This 

final rule extends the reporting deadline 

for 2010 data, so it does not increase the 

reporting burden. However, OMB has 

previously approved the information 

collection requirements contained in the 

regulations promulgated on October 30, 

2009, under 40 CFR part 98 under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. and has 

assigned OMB control number 2060– 

0629. EPA has also submitted the 

Information Collection Request 

requirements for four additional Part 98 

subparts promulgated on July 12, 2010 

to OMB for approval (see 75 FR 39756). 

The OMB control numbers for EPA’s 

regulations in 40 CFR are listed in 40 

CFR part 9. 

C. Regulatory Flexibility Act (RFA) 

The RFA generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. 

For purposes of assessing the effects 

of this rule on small entities, ‘‘small 

entity’’ is defined as: (1) A small 

business as defined by the Small 

Business Administration’s regulations at 

13 CFR 121.201; (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

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Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Rules and Regulations 14817 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

The rule will not impose any new 

requirements on small entities that are 

not currently required by Part 98. 

D. Unfunded Mandates Reform Act 

(UMRA) 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), 2 U.S.C. 

1531–1538, requires Federal agencies, 

unless otherwise prohibited by law, to 

assess the effects of their regulatory 

actions on State, local, and tribal 

governments and the private sector. 

Federal agencies must also develop a 

plan to provide notice to small 

governments that might be significantly 

or uniquely affected by any regulatory 

requirements. The plan must enable 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates and must 

inform, educate, and advise small 

governments on compliance with the 

regulatory requirements. 

The amendment to 40 CFR part 98 

does not contain a Federal mandate that 

may result in expenditures of $100 

million or more for State, local, and 

tribal governments, in the aggregate, or 

the private sector in any one year. The 

amendment only postpones the 

reporting date for 2010 data under Part 

98, so it does not increase the costs for 

facilities to comply with Part 98. Thus, 

the action is not subject to the 

requirements of sections 202 or 205 of 

UMRA. 

In developing Part 98, EPA consulted 

with small governments pursuant to a 

plan established under section 203 of 

UMRA to address effects of regulatory 

requirements in the rule that might 

significantly or uniquely affect small 

governments. For a summary of EPA’s 

consultations with State and/or local 

officials or other representatives of State 

and/or local governments in developing 

Part 98, see Section VIII.D of the 

preamble to the final rule (74 FR 56370, 

October 30, 2009). 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. However, for a 

more detailed discussion about how 

Part 98 relates to existing State 

programs, please see Section II of the 

preamble to the final rule (74 FR 56266, 

October 30, 2009). 

This amendment applies to facilities 

that emit or supply greenhouses gases. 

It does not apply to government entities 

unless a government entity owns a 

facility that directly emits greenhouse 

gases above threshold levels (such as a 

landfill), so relatively few government 

facilities would be affected. This 

regulation also does not limit the power 

of States or localities to collect GHG 

data and/or regulate GHG emissions. 

Thus, Executive Order 13132 does not 

apply to this action. For a summary of 

EPA’s consultation with State and local 

organizations and representatives in 

developing Part 98, see Section VIII.E of 

the preamble to the final rule (74 FR 

56371, October 30, 2009). 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). The rule does not result in any 

changes to the requirements of Part 98 

other than postponing the reporting 

deadline for 2010 GHG data until 

September 30, 2011. Thus, Executive 

Order 13175 does not apply to this 

action. For a summary of EPA’s 

consultations with tribal governments 

and representatives, see section VIII.F of 

the preamble to the final rule (74 FR 

56371, October 30, 2009). 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113 (15 U.S.C. 272 note) directs EPA to 

use voluntary consensus standards in its 

regulatory activities unless to do so 

would be inconsistent with applicable 

law or otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA directs EPA 

to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

The rule does not involve technical 

standards. Therefore, EPA is not 

considering the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. The amendment addresses 

only reporting procedures. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

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14818 Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Rules and Regulations 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated above, EPA has made 

such a good cause finding, including the 

reasons therefore, and established an 

effective date of March 18, 2011. EPA 

will submit a report containing this rule 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

List of Subjects in 40 CFR Part 98 

Environmental protection, 

Administrative practice and procedure, 

Greenhouse gases, Reporting and 

recordkeeping requirements. 

Dated: March 11, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons set out in the 

preamble, title 40, Chapter I, of the Code 

of Federal Regulations is amended as 

follows: 

PART 98—[AMENDED] 

■ 1. The authority citation for part 98 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

Subpart A—[Amended] 

■ 2. Section 98.3 is amended by: 

■ a. Revising paragraph (b) introductory 

text. 

■ b. Redesignating the second paragraph 

(c)(4)(vi) as paragraph (c)(4)(viii). 

■ c. Revising paragraph (c)(4)(vii). 

■ d. Revising paragraph (d)(3) 

introductory text. 

§ 98.3 What are the general monitoring, 

reporting, recordkeeping and verification 

requirements of this part? 

* * * * * 

(b) Schedule. The annual GHG report 

for reporting year 2010 must be 

submitted no later than September 30, 

2011. The annual report for reporting 

years 2011 and beyond must be 

submitted no later than March 31 of 

each calendar year for GHG emissions in 

the previous calendar year. As an 

example, for a facility or supplier that 

is subject to the rule in calendar year 

2011, the annual report must be 

submitted on March 31, 2012. 

* * * * * 

(c) * * * 

(4) * * * 

(vii) The owner or operator of a 

facility is not required to report the data 

elements specified in Table A–6 of this 

subpart for calendar year 2010 until 

September 30, 2011. 

* * * * * 

(d) * * * 

(3) Abbreviated emissions report for 

facilities containing only general 

stationary fuel combustion sources. In 

lieu of the report required by paragraph 

(c) of this section, the owner or operator 

of an existing facility that is in operation 

on January 1, 2010 and that meets the 

conditions of § 98.2(a)(3) may submit an 

abbreviated GHG report for the facility 

for GHGs emitted in 2010. The 

abbreviated report must be submitted by 

September 30, 2011. An owner or 

operator that submits an abbreviated 

report must submit a full GHG report 

according to the requirements of 

paragraph (c) of this section beginning 

in calendar year 2012. The abbreviated 

facility report must include the 

following information: 

* * * * * 

■ 3. Table A–6 to subpart A of part 98 

is amended by revising the heading to 

read as follows: 

Table A–6 to Subpart A of Part 98— 

Data Elements That Are Inputs to 

Emission Equations and for Which the 

Reporting Deadline Is Changed to 

September 30, 2011 

* * * * * 

[FR Doc. 2011–6417 Filed 3–17–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 16 

Chemical Testing 

CFR Correction 

In Title 46 of the Code of Federal 

Regulations, Parts 1 to 40, revised as of 

October 1, 2010, on page 254, in 

§ 16.105, in the definition of 

Crewmember, remove the second 

paragraph (1) and the second 

introductory paragraph (2). 

[FR Doc. 2011–6524 Filed 3–17–11; 8:45 am] 

BILLING CODE 1505–01–D 

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