22822 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R04–OAR–2010–0840(a); FRL–9298– 

9] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants: Florida; Jefferson County, 

KY; Forsyth, Mecklenburg, and 

Buncombe Counties, NC; and SC 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is notifying the public 

that it has received negative 

declarations for Other Solid Waste 

Incinerator (OSWI) units from the State 

of Florida; Large Municipal Waste 

Combustor (LMWC), Small Municipal 

Waste Combustor (SMWC), and OSWI 

units from Jefferson County, Kentucky; 

LMWC, SMWC, and OSWI units from 

Forsyth County, North Carolina; LMWC, 

SMWC, and OSWI units from 

Mecklenburg County, North Carolina; 

LMWC, SMWC, Hospital/Medical/ 

Infectious Waste Incinerator (HMIWI), 

and OSWI units from Buncombe 

County, North Carolina; and LMWC and 

HMIWI units from the State of South 

Carolina. These negative declarations 

certify that LMWC, SMWC, HMIWI, and 

OSWI units, as indicated above, subject 

to the requirements of Sections 111(d) 

and 129 of the Clean Air Act (CAA), do 

not exist in areas covered by the 

following air pollution control 

programs: Florida Department of 

Environmental Protection; Louisville, 

Kentucky, Air Pollution Control District; 

Forsyth County Environmental Affairs 

Department; Mecklenburg County Land 

Use and Environmental Services 

Agency; Western North Carolina 

Regional Air Quality Agency; and South 

Carolina Department of Health and 

Environmental Control. 

DATES: This direct final rule is effective 

June 24, 2011 without further notice, 

unless EPA receives adverse comment 

by May 25, 2011. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R04–OAR–2010–0840 by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: garver.daniel@epa.gov. 

3. Fax: (404) 562–9095. 

4. Mail: EPA–R04 OAR–2010–0840, 

Daniel Garver, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street, SW., Atlanta, Georgia 30303. 

5. Hand Delivery or Courier: Mr. 

Daniel Garver, Air Toxics Assessment 

and Implementation Section, Air Toxics 

and Monitoring Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID Number EPA–R04–OAR– 

2010–0840. EPA’s policy is that all 

comments received will be included in 

the public docket without change, and 

may be made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in 

www.regulations.gov or in hard copy at 

the Air Toxics Assessment and 

Implementation Section, Air Toxics and 

Monitoring Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Garver, Air Toxics Assessment 

and Implementation Section, Air Toxics 

and Monitoring Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9839. 

Mr. Garver can also be reached via 

electronic mail at 

garver.daniel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

Sections 111(d) and 129 of the CAA 

require submittal of plans to control 

certain pollutants (designated 

pollutants) at existing solid waste 

combustion facilities (designated 

facilities) whenever standards of 

performance have been established 

under section 111(d) for new sources of 

the same type, and EPA has established 

emission guidelines for such existing 

sources. A designated pollutant is any 

pollutant for which no air quality 

criteria have been issued, and which is 

not included on a list published under 

section 108(a) or section 112(b)(1)(A) of 

the CAA, but emissions of which are 

subject to a standard of performance for 

new stationary sources. 

Standards of performance for new 

LMWC units and emission guidelines 

for all existing LMWC units (designated 

facilities) constructed on or before 

September 20, 1994, have been 

established by EPA. The emission 


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Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 22823 

guidelines were promulgated on 

December 19, 1995 (60 FR 65415), and 

amended most recently on May 10, 2006 

(71 FR 27324). The emission guidelines 

are codified at 40 CFR part 60, subpart 

Cb. 

Standards of performance for new 

SMWC units and emission guidelines 

for all existing SMWC units (designated 

facilities) constructed on or before 

August 30, 1999, have been established 

by EPA. The emission guidelines were 

promulgated on December 6, 2000 (65 

FR 76384). The emission guidelines are 

codified at 40 CFR part 60, subpart 

BBBB. 

Standards of performance for new 

HMIWI units and emission guidelines 

for all existing HMIWI units (designated 

facilities) constructed on or before June 

20, 1996, have been established by EPA. 

The emission guidelines were 

promulgated on September 15, 1997 (62 

FR 48348), and amended most recently 

on October 6, 2009 (74 FR 51366). The 

emission guidelines are codified at 40 

CFR part 60, subpart Ce. 

Standards of performance for new 

OSWI units and emission guidelines for 

all existing OSWI units (designated 

facilities) constructed on or before 

December 9, 2004, have been 

established by EPA. The emission 

guidelines were promulgated on 

December 16, 2005 (70 FR 74870), and 

amended most recently on January 22, 

2007 (72 FR 2620). The emission 

guidelines are codified at 40 CFR part 

60, subpart FFFF. 

Federal regulations found in subpart 

B of 40 CFR part 60 establish procedures 

to be followed and requirements to be 

met in the development and submission 

of state plans for controlling designated 

pollutants at designated facilities. 

Federal regulations found in subpart A 

of 40 CFR part 62 provide the 

procedural framework for the 

submission of these plans. When 

designated facilities are located under 

the jurisdiction of a state, or local 

agency, the state or local agency must 

then develop and submit a plan for their 

respective jurisdiction for the control of 

the designated pollutants. However, the 

federal regulations found at 40 CFR 

62.06 provide that if there are no 

existing sources of the designated 

pollutants within the state or local 

agency jurisdiction, the state or local 

agency may submit a letter of 

certification to that effect, or negative 

declaration, in lieu of a plan. The 

negative declaration exempts the state 

or local agency from the requirements to 

submit a plan for that designated 

pollutant. 

II. Final Action 

EPA has received several negative 

declaration letters for Sections 111(d) 

and 129 source categories from state and 

local air pollution agencies. The Florida 

Department of Environmental Protection 

has determined that there are no 

existing OSWI units in its jurisdiction. 

The Louisville, Kentucky, Air Pollution 

Control District has determined that 

there are no existing LMWC, SMWC or 

OSWI units within its jurisdiction, 

Jefferson County, Kentucky. The South 

Carolina Department of Health and 

Environmental Control has determined 

that there are no existing LMWC or 

HMIWI units within its jurisdiction. The 

Forsyth County Environmental Affairs 

Department has determined that there 

are no existing LMWC, SMWC or OSWI 

units within its jurisdiction, Forsyth 

County, North Carolina. The 

Mecklenburg County Land Use and 

Environmental Services Agency has 

determined that there are no existing 

LMWC, SMWC or OSWI units within its 

jurisdiction, Mecklenburg County, 

North Carolina. The Western North 

Carolina Regional Air Quality Agency 

has determined that there are no 

existing LMWC, SMWC, HMIWI or 

OSWI units within its jurisdiction, 

Buncombe County, North Carolina. 

Pursuant to 40 CFR part 60, EPA is 

providing the public with notice of 

these negative declarations. Notice of 

these negative declarations will appear 

at 40 CFR part 62. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a 111(d)/129 plan 

submission that complies with the 

provisions of the CAA and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing 

111(d)/129 plan submissions, EPA’s role 

is to approve state choices, provided 

that they meet the criteria of the CAA. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the 111(d)/ 

129 plan is not approved to apply in 

Indian country located in the state, and 

EPA notes that it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

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. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 24, 2011. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 


jdjones on DSKHWCL6B1PROD with RULES
22824 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: January 13, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 62 is amended as follows: 

PART 62—[AMENDED] 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart K—Florida 

■ 2. Add a new undesignated center 

heading to subpart K and a new 

§ 62.2400 to read as follows: 

Air Emissions From Existing Other 

Solid Waste Incinerators (OSWI)— 

Section 111(d)/129 Plan 

§ 62.2400 Identification of plan—negative 

declaration. 

Letter from Florida Department of 

Environmental Protection submitted on 

January 18, 2007, certifying that there 

are no Other Solid Waste Incinerator 

units subject to 40 CFR part 60, subpart 

FFFF in its jurisdiction. 

Subpart S—Kentucky 

■ 3. Section 62.4370 is amended by 

designating the existing text as 

paragraph (a) and adding by paragraph 

(b) to read as follows: 

§ 62.4370 Identification of plan—negative 

declaration. 

* * * * * 

(b) Letter from Louisville, Kentucky, 

Air Pollution Control District submitted 

on February 11, 2010, certifying that 

there are no Large Municipal Waste 

Combustor units subject to 40 CFR part 

60, subpart Cb in its jurisdiction. 

■ 4. Section 62.4371 is amended by 

designating the existing text as 

paragraph (a) and by adding paragraph 

(b) to read as follows: 

§ 62.4371 Identification of plan—negative 

declaration. 

* * * * * 

(b) Letter from Louisville, Kentucky, 

Air Pollution Control District submitted 

on February 11, 2010, certifying that 

there are no Small Municipal Waste 

Combustion units subject to 40 CFR part 

60, subpart BBBB in its jurisdiction. 

■ 5. Add a new undesignated center 

heading to subpart S and a new 

§ 62.4375 to read as follows: 

Air Emissions From Existing Other 

Solid Waste Incinerators (OSWI)— 

Section 111(d)/129 Plan 

§ 62.4375 Identification of plan—negative 

declaration. 

Letter from Louisville, Kentucky, Air 

Pollution Control District submitted on 

February 11, 2010, certifying that there 

are no Other Solid Waste Incinerator 

units subject to 40 CFR part 60, subpart 

FFFF in its jurisdiction. 

Subpart II—North Carolina 

■ 6. Section 62.8356 is amended by 

designating the existing text as 

paragraph (a) and by adding paragraph 

(b) to read as follows: 

§ 62.8356 Identification of plan—negative 

declaration. 

* * * * * 

(b) Letter from Western North 

Carolina Regional Air Quality Agency 

submitted on October 5, 2007, certifying 

that there are no Hospital/Medical/ 

Infectious Waste Incinerator units 

subject to 40 CFR part 60, subpart Ce in 

its jurisdiction. 

■ 7. Add a new undesignated center 

heading to subpart II and a new 

§ 62.8357 to read as follows: 

Air Emissions From Existing Large 

Municipal Waste Combustors 

(LMWC)—Section 111(d)/129 Plan 

§ 62.8357 Identification of plan—negative 

declaration. 

Letters from Forsyth County 

Environmental Affairs Department, 

Mecklenburg County Land Use and 

Environmental Services Agency, and 

Western North Carolina Regional Air 

Quality Agency submitted on February 

17, 2010, August 19, 2009, and October 

5, 2007, respectively, certifying that 

there are no Large Municipal Waste 

Combustor units subject to 40 CFR part 

60, subpart Cb in their respective 

jurisdictions. 

■ 8. Add a new undesignated center 

heading to subpart II and a new 

§ 62.8359 to read as follows: 

Air Emissions From Existing Small 

Municipal Waste Combustors 

(SMWC)—Section 111(d)/129 Plan 

§ 62.8359 Identification of plan—negative 

declaration. 

Letters from Forsyth County 

Environmental Affairs Department, 

Mecklenburg County Land Use and 

Environmental Services Agency, and 

Western North Carolina Regional Air 

Quality Agency submitted on February 

17, 2010, January 22, 2003, and October 

5, 2007, respectively, certifying that 

there are no Small Municipal Waste 

Combustor units subject to 40 CFR part 

60, subpart BBBB in their respective 

jurisdictions. 

■ 9. Add a new undesignated center 

heading to subpart II and a new 

§ 62.8361 to read as follows: 

Air Emissions From Existing Other 

Solid Waste Incinerators (OSWI)— 

Section 111(d)/129 Plan 

§ 62.8361 Identification of plan—negative 

declaration. 

Letters from Forsyth County 

Environmental Affairs Department, 

Mecklenburg County Land Use and 

Environmental Services Agency, and 

Western North Carolina Regional Air 

Quality Agency submitted on February 

17, 2010, August 19, 2009, and October 

5, 2007, respectively, certifying that 

there are no Other Solid Waste 

Incinerator units subject to 40 CFR part 

60, subpart FFFF in their respective 

jurisdictions. 

Subpart PP—South Carolina 

■ 10. Revise § 62.10150 to read as 

follows: 

§ 62.10150 Identification of plan—negative 

declaration. 

Letter from South Carolina 

Department of Health and 

Environmental Control submitted on 

July 8, 2010, certifying that there are no 

Large Municipal Waste Combustor units 

subject to 40 CFR part 60, subpart Cb in 

its jurisdiction. 

■ 11. Add a new undesignated center 

heading to subpart PP and a new 

§ 62.10200 to read as follows: 


jdjones on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 22825 

Air Emissions From Existing Hospital/ 

Medical/Infectious Waste Incinerators 

(HMIWI)—Section 111(d)/129 Plan 

§ 62.10200 Identification of plan—negative 

declaration. 

Letter from South Carolina 

Department of Health and 

Environmental Control submitted on 

December 14, 2009, certifying that there 

are no Hospital/Medical/Infectious 

Waste Incinerator units subject to 40 

CFR part 60, subpart Ce in its 

jurisdiction. 

[FR Doc. 2011–9844 Filed 4–22–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 98 

[EPA–HQ–OAR–2009–0923; FRL–9299–1] 

Mandatory Reporting of Greenhouse 

Gases: Petroleum and Natural Gas 

Systems 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; Grant of 

reconsideration. 

SUMMARY: On November 30, 2010 EPA 

promulgated Subpart W: Petroleum and 

Natural Gas Systems of the Greenhouse 

Gas Reporting Rule. As part of the 

provisions outlined in this rule, the EPA 

stated that the Agency would allow 

certain owners or operators to use best 

available monitoring methods (BAMM) 

in lieu of specified parameters outlined 

for calculating greenhouse gas emissions 

for the petroleum and natural gas 

systems source category of the 

greenhouse gas reporting rule. EPA is 

giving notice that the Agency has 

initiated the reconsideration process in 

response to requests for reconsideration 

of certain provisions in the regulations. 

First, EPA has been asked to reconsider 

the requirement to submit requests to 

use best available monitoring methods 

during the 2011 calendar year by April 

30, 2011 and pursuant to its authority 

under CAA section 307(d)(7)(B) 

consequently is extending the deadline 

contained in those provisions until July 

31, 2011. Second, EPA has also been 

asked to reconsider the time period 

during which owners and operators of 

certain specific sources could 

automatically use BAMM without 

having to request approval by the 

Administrator. As a result of this second 

request, pursuant to its authority under 

CAA section 307(d)(7)(B) EPA is also 

extending the date by which owners and 

operators of certain specific sources 

would not be required to request 

approval by the Administrator for the 

use of BAMM from June 30, 2011 until 

September 30, 2011. 

DATES: This rule is effective on April 30, 

2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carole Cook, Climate Change Division, 

Office of Atmospheric Programs (MC– 

6207J), Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW, Washington, DC 20460; telephone 

number (202) 343–9236; fax (202) 343– 

2342; e-mail address: 

GHGReportingRule@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background Information 

The EPA published Subpart W: 

Petroleum and Natural Gas Systems of 

the Greenhouse Gas Reporting Rule on 

November 30, 2011, 40 CFR Part 98, 

Subpart W (75 FR 74458)(Subpart W). 

Included in the final rule were new 

provisions allowing owners or operators 

the option of using best available 

monitoring methods for specified 

parameters in 40 CFR 98.233. Subpart W 

provides that owners or operators 

wishing to use BAMM during 2011 for 

emissions sources listed in 40 CFR 

98.234(f)(4)or 98.234(f)(5)(iv) must 

submit BAMM applications by April 30, 

2011. In addition, subpart W provides 

that owners or operators with emissions 

sources listed in 40 CFR 98.234(f)(2) or 

40 CFR 98.234(f)(3) have the option of 

using BAMM from January 1, 2011 to 

June 30, 2011 without submitting a 

request to the Administrator for 

approval to use BAMM; however to 

extend use of BAMM beyond June 30, 

2011, those owners or operators must 

submit a request to the Administrator by 

April 30, 2011. 

Following the publication of Subpart 

W in the Federal Register, several 

industry groups sought reconsideration 

of several provisions in the final rule, 

including the provisions requiring 

submittal of BAMM requests for use or 

extension of BAMM in calendar year 

2011 by April 30, 2011, and the time 

period for which owners or operators of 

sources in 40 CFR 98.234(f)(2) or 40 CFR 

98.234(f)(3) would not be required to 

submit a BAMM request to the 

Administrator for approval, i.e., January 

1 through June 30, 2011. 

By letter dated January 31, 2011, the 

American Petroleum Institute (API) 

stated that ‘‘[a]ggressive deadlines for 

BAMM are problematic for reporters 

who are attempting to monitor GHG 

emissions for the first time. In 

particular, the April 30, 2011 deadline 

for BAMM requests does not provide 

reporters sufficient time to identify the 

sources for which BAMM should be 

requested and gather the data that EPA 

requires be submitted with a BAMM 

request.’’ API, along with the Gas 

Processors Association (GPA), Interstate 

Natural Gas Association of America 

(INGAA), Chesapeake Energy 

Corporation (CEC)/American 

Exploration & Production Council 

(AXPC), stated that they would not be 

able to complete an initial assessment of 

their facilities to determine whether 

they would need BAMM by the 

deadline of April 30, 2011. Further, a 

subset of these petitioners further noted 

that the time period for which owners 

and operators were granted the optional 

use of BAMM without being required to 

submit a request to the Administrator 

for approval was insufficient for them to 

make the necessary assessment of their 

facilities to determine compliance with 

the rule. 

EPA believes that pursuant to CAA 

section 307(d)(7)(B) it is appropriate to 

extend the deadlines in 40 CFR 

98.234(f)(5)(iii)(A), 98.234(f)(5)(iv)(A), 

98.234(f)(6)(i), and 98.234(f)(7)(i) by 

three months, to allow owners and 

operators additional time to assess 

which of their facilities would need to 

take advantage of the BAMM provisions 

of Subpart W for calendar year 2011. 

EPA also believes that pursuant to CAA 

section 307(d)(7)(B) it is appropriate to 

extend the deadlines, by three months, 

by which owners and operators of 

emission sources listed in 40 CFR 

98.234(f)(2) or 40 CFR 98.234(f)(3), 

would have the option to use BAMM 

without submitting a request for 

approval from the Administrator to 

allow additional time to asses 

applicability of the rule provisions to 

their facilities. EPA is taking no action 

at this time on other issues raised by 

petitioners in their respective Petitions 

for Reconsideration and reserves the 

right to further consider those issues at 

a later time. 

Pursuant to Clean Air Act (CAA) 

section 307(d)(7)(B), EPA is extending 

the deadlines in 40 CFR 

98.234(f)(5)(iii)(A), 98.234(f)(5)(iv)(A), 

98.234(f)(6)(i), and 98.234(f)(7)(i) for 

three months, i.e., until July 31, 2011. 

Further, pursuant to CAA section 

307(d)(7)(B) EPA is also extending the 

deadlines contained in 40 CFR 

98.234(f)(2), 40 CFR 98.234(f)(3), 40 CFR 

98.234(f)(5)(i), 40 CFR 98.234(f)(5)(ii), 

40 CFR 98.234(f)(6), 40 CFR 

98.234(f)(6)(ii)(D), 40 CFR 

98.234(f)(6)(iii), 40 CFR 98.234(f)(7), and 

40 CFR 98.234(f)(7)(iii) for three 

months, i.e., until September 30, 2011. 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), 

provides that, when an agency for good 


jdjones on DSKHWCL6B1PROD with RULES