[Federal Register Volume 76, Number 53 (Friday, March 18, 2011)]
[Rules and Regulations]
[Pages 14812-14818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6417]


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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: 
<a href="/cdn-cgi/l/email-protection#9ed9d6d9ccfbeef1eceaf7f0f9ccebf2fbdedbcedfb0f9f1e8"><span class="__cf_email__" data-cfemail="581f101f0a3d28372a2c31363f0a2d343d181d0819763f372e">[email protected]</span></a>.
    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

[[Page 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
------------------------------------------------------------------------
                                                   Examples of affected
           Category                   NAICS             facilities
------------------------------------------------------------------------
General Stationary Fuel                           Facilities operating
 Combustion Sources.                               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             325120  Chlorodifluoromethane
 Destruction.                                      manufacturing
                                                   facilities.
Hydrogen Production...........            325120  Hydrogen manufacturing
                                                   facilities.
Iron and Steel Production.....            331111  Integrated iron and
                                                   steel mills, steel
                                                   companies, sinter
                                                   plants, blast
                                                   furnaces, basic
                                                   oxygen process
                                                   furnace shops.
Lead Production...............            331419  Primary lead smelting
                                                   and refining
                                                   facilities.
                                          331492  Secondary lead
                                                   smelting and refining
                                                   facilities.
Lime Production...............            327410  Calcium oxide, calcium
                                                   hydroxide, dolomitic
                                                   hydrates
                                                   manufacturing
                                                   facilities.
Municipal Solid Waste                     562212  Solid waste landfills.
 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                     562212  Solid waste landfills.
 Landfills.
                                          221320  Sewage treatment
                                                   facilities.
Suppliers of Coal-based Liquid            211111  Coal liquefaction at
 Fuels.                                            mine sites.

[[Page 14814]]

 
Suppliers of Petroleum                    324110  Petroleum refineries.
 Products.
Suppliers of Natural Gas and              221210  Natural gas
 Natural Gas Liquids.                              distribution
                                                   facilities.
                                          211112  Natural gas liquid
                                                   extraction
                                                   facilities.
Suppliers of Industrial                   325120  Industrial gas
 Greenhouse Gases.                                 manufacturing
                                                   facilities.
Suppliers of Carbon Dioxide...            325120  Industrial gas
                                                   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 user-friendly 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 
category-specific 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\
---------------------------------------------------------------------------

    \1\ Certain source categories were revised in an action 
published on Dec. 17, 2010 (75 FR 79092).

[[Page 14815]]



            Table 2--Source Categories Covered by This Action
------------------------------------------------------------------------
                                    40 CFR part 98    Federal Register
         Source category               subpart             notice
------------------------------------------------------------------------
General Stationary Fuel            C                74 FR 56260, 75 FR
 Combustion Sources.                                 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      O                74 FR 56260, 75 FR
 Destruction.                                        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     LL               74 FR 56260.
 Fuels.
Suppliers of Petroleum Products..  MM               74 FR 56260, 75 FR
                                                     66434.
Suppliers of Natural Gas and       NN               74 FR 56260, 75 FR
 Natural Gas Liquids.                                66434, 75 FR 79092.
Suppliers of Industrial            OO               74 FR 56260, 75 FR
 Greenhouse Gases.                                   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

[[Page 14816]]

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-for-profit enterprise which is independently

[[Page 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

[[Page 14818]]

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]

0
1. The authority citation for part 98 continues to read as follows:

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

Subpart A--[Amended]

0
2. Section 98.3 is amended by:
0
a. Revising paragraph (b) introductory text.
0
b. Redesignating the second paragraph (c)(4)(vi) as paragraph 
(c)(4)(viii).
0
c. Revising paragraph (c)(4)(vii).
0
d. Revising paragraph (d)(3) introductory text.


Sec.  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 Sec.  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:
* * * * *

0
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


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