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February 7, 2013, and EPA is submitting it for publication in the 

Federal Register (FR). While we have taken steps to ensure the 

accuracy of this Internet version of the document, it is not the 

official version. Please refer to the official version in a forthcoming 

FR publication, which will appear on the Government Printing Office's 

FDSys website (http://fdsys.gpo.gov/fdsys/search/home.action). {It 

will also appear on Regulations.gov (http://www.regulations.gov) in 

Docket No. EPA-HQ-OAR-2011-0417}.

6560.50

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0417; FRL- XXXX-X]

RIN 2060-AR74

Greenhouse Gas Reporting Rule: Revision to Best Available 

Monitoring Method Request Submission Deadline for Petroleum 

and Natural Gas Systems Source Category

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct Final Rule. 

SUMMARY: The EPA is taking direct final action to revise 

the deadline by which owners or operators of facilities 

subject to the petroleum and natural gas systems source 

category of the Greenhouse Gas Reporting Rule must submit 

requests for use of best available monitoring methods to 

the Administrator. This revision does not change any other 

requirements for owners or operators that are outlined in 

the best available monitoring method rule provisions. 

DATES: This rule is effective on [INSERT THE DATE 60 DAYS 

AFTER THE DATE OF PUBLICATION OF THIS DIRECT FINAL RULE IN 
Page 2 of 26

This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

THE FEDERAL REGISTER] without further notice, unless the 

EPA receives adverse comment by [INSERT THE DATE 30 DAYS 

AFTER THE DATE OF PUBLICATION OF THIS DIRECT FINAL RULE IN 

THE FEDERAL REGISTER]. If the EPA receives adverse comment 

by [INSERT THE DATE 30 DAYS AFTER THE DATE OF PUBLICATION 

OF THIS DIRECT FINAL RULE IN THE FEDERAL REGISTER], the EPA 

will publish a timely withdrawal notice in the Federal 

Register to inform the public that this rule will not take 

effect. 

ADDRESSES: Submit your comments, identified by docket ID 

No. EPA-HQ-OAR-2011-0417 by one of the following methods:

 Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the online 

instructions for submitting comments.

 E-mail: GHG_Reporting_Rule_Oil_And_Natural_Gas@epa.gov

 Fax: (202) 566–9744.

 Mail: Environmental Protection Agency, EPA Docket 

Center (EPA/DC), Mailcode 6102T, Attention Docket ID 

No. EPA-HQ-OAR–2011-0417, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460.

 Hand/Courier Delivery: EPA Docket Center, Public 

Reading Room, EPA West Building, Room 3334, 1301 

Constitution Avenue, NW., Washington, DC 20004. Such 

deliveries are only accepted during the Docket’s 

normal hours of operation, and special arrangements 

should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. 

EPA-HQ-OAR-2011-0417. The EPA's policy is that all 

comments received will be included in the public docket 
Page 3 of 26

This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

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. Send or deliver 

information identified as CBI to only the mail or 

hand/courier delivery address listed above, attention: 

Docket ID No. EPA-HQ-OAR-2011-0417. The 

http://www.regulations.gov Web site is an “anonymous 

access” system, which means the EPA will not know your 

identity or contact information unless you provide it in 

the body of your comment. If you send an e-mail comment 

directly to the 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, the EPA 

recommends that you include your name and other contact 

information in the body of your comment and with any disk 

or CD-ROM you submit. If the EPA cannot read your comment 
Page 4 of 26

This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

due to technical difficulties and cannot contact you for 

clarification, the EPA may not be able to consider your 

comment. Electronic files should avoid the use of special 

characters, any form of encryption, and be free of any 

defects or viruses.

Docket: All documents in the docket are listed in the 

http://www.regulations.gov index. Although listed in the 

index, some information is not publicly available, e.g., 

CBI or other information whose disclosure is restricted by 

statute. Certain other material, such as copyrighted 

material, will be publicly available only in hard copy. 

Publicly available docket materials are available either 

electronically in http://www.regulations.gov or in hard 

copy at the Air Docket, EPA/DC, EPA West Building, Room 

B102, 1301 Constitution Ave., NW., Washington, DC. This 

Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal holidays. The telephone 

number for the Public Reading Room is (202) 566-1744, and 

the telephone number for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate 

Change Division, Office of Atmospheric Programs (MC-6207J), 

Environmental Protection Agency, 1200 Pennsylvania Ave., 

NW., Washington, DC 20460; telephone number: (202) 343-
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This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

9263; fax number: (202) 343-2342; e-mail address: 

GHGReportingRule@epa.gov. For technical information, 

contact the Greenhouse Gas Reporting Rule Hotline at: 

http://www.epa.gov/ghgreporting/reporters/index.html. To 

submit a question, select Rule Help Center, then select

Contact Us. 

SUPPLEMENTARY INFORMATION: 

Why is the EPA using a direct final rule?

The EPA is publishing this rule without a prior 

proposal because we view this as a noncontroversial action 

and anticipate no adverse comment. This change amends 40

CFR Part 98, § 98.234(f)(8)(i), Timing of Request, to change 

the deadline for submitting best available monitoring 

method requests for future years. The rule has required

that for reporting years after 2012, a new request to use 

best available monitoring methods must be submitted by 

September 30 of the year prior to the reporting year for 

which use of best available monitoring methods is sought. 

In this action, the EPA is revising the deadline from 

September 30 of the prior reporting year to June 30 of the 

prior reporting year. This revision does not alter the

substantive requirements for entities regulated by the 

Greenhouse Gas Reporting Rule (40 CFR Part 98, hereinafter 
Page 6 of 26

This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

“Part 98”), nor does it affect the final confidentiality 

determinations for Part 98 data that the EPA has made 

through rulemaking. However, in the “Proposed Rules” 

section of today’s Federal Register, we are publishing a 

separate notice that will serve as the proposed rule for 

this amendment should the EPA receive adverse comment on 

this direct final rule. We will not institute a second 

comment period on this action. Any parties interested in 

commenting must do so by the comment deadline listed in the 

DATES section of this document. For further information 

about commenting on this rule, see the ADDRESSES section of 

this document. 

If the EPA receives adverse comment, we will publish a 

timely withdrawal notice in the Federal Register to inform 

the public that this direct final rule will not take 

effect. In that case, we will address all public comments 

in any subsequent final rule based on the proposed rule. 

Does this action apply to me? 

The Administrator determined that this action is 

subject to the provisions of Clean Air Act (CAA) section

307(d). If finalized, these amended regulations could 

affect owners or operators of petroleum and natural gas 
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This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

systems. Regulated categories and entities may include 

those listed in Table 1 of this preamble:

Table 1. Examples of Affected Entities by Category

Source Category NAICS Examples of affected facilities

Petroleum and 

Natural Gas 

Systems

486210 Pipeline transportation of natural gas.

221210 Natural gas distribution facilities.

211 Extractors of crude petroleum and 

natural gas.

211112 Natural gas liquid extraction 

facilities.

Table 1 of this preamble is not intended to be 

exhaustive, but rather provides a guide for readers 

regarding facilities likely to be affected by this action. 

Although Table 1 of this preamble lists the types of 

facilities that could potentially be affected by this 

action, other types of facilities not listed in the table 

could also be affected. To determine whether you are 

affected by this action, you should carefully examine the 

applicability criteria found in 40 CFR part 98 Subpart A

and 40 CFR Part 98, Subpart W. If you have questions 

regarding the applicability of this action to a particular 

facility, consult the person listed in the preceding FOR 

FURTHER INFORMATION CONTACT section. 

Judicial Review

Under CAA section 307(b)(1), judicial review of this 

final rule is available only by filing a petition for 

review in the U.S. Court of Appeals for the District of 
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This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

Columbia Circuit by [INSERT THE DATE 60 DAYS AFTER THE 

PUBLICATION OF THIS DIRECT FINAL RULE IN THE FEDERAL 

REGISTER]. Under CAA section 307(d)(7)(B), only an 

objection to this final rule that was raised with 

reasonable specificity during the period for public comment 

can be raised during judicial review. This section also 

provides a mechanism for us to convene a proceeding for 

reconsideration, “[i]f the person raising an objection can 

demonstrate to the EPA that it was impracticable to raise 

such objection within [the period for public comment], or 

if the grounds for such objection arose after the period 

for public comment (but within the time specified for 

judicial review) and if such objection is of central 

relevance to the outcome of this rule.” Any person seeking 

to make such a demonstration to us should submit a Petition 

for Reconsideration to the Office of the Administrator, 

Environmental Protection Agency, Room 3000, Ariel Rios 

Building, 1200 Pennsylvania Ave., NW., Washington, DC 

20004, with a copy to the person listed in the 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, 
Page 9 of 26

This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

DC 20004. Note, under CAA section 307(b)(2), the 

requirements established by this final rule may not be 

challenged separately in any civil or criminal proceedings 

brought by the EPA to enforce these requirements.

Acronyms and Abbreviations 

The following acronyms and abbreviations are used in 

this document. 

CAA Clean Air Act

CBI confidential business information

CFR Code of Federal Regulations

EO Executive Order

EPA U.S. Environmental Protection Agency

FR Federal Register

GHG greenhouse gas

ICR information collection request

NTTAA National Technology Transfer and Advancement Act

OMB Office of Management and Budget

QA/QC Quality Assurance/Quality Control

RFA Regulatory Flexibility Act

RIA Regulatory Impact Analysis

SBA Small Business Administration

SBREFA Small Business Regulatory Enforcement and 

Fairness Act

U.S. United States

UMRA Unfunded Mandates Reform Act of 1995

U.S.C. United States Code

Organization of This Document. The information 

presented in this preamble is organized as follows:

I. Background of Final Rule
Page 10 of 26

This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

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

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review 

and Executive Order 13563: Improving Regulation and 

Regulatory Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act

D. Unfunded Mandates Reform Act

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation and Coordination 

with Indian Tribal Governments

G. Executive Order 13045: Protection of Children from 

Environmental Health Risks and Safety Risks

H. Executive Order 13211: Actions that Significantly 

Affect Energy Supply, Distribution, or Use

I. National Technology Transfer and Advancement Act

J. Executive Order 12898: Federal Actions to Address 

Environmental Justice in Minority Populations and LowIncome Populations

K. Congressional Review Act

I. Background of Final Rule 

On November 30, 2010 (75 FR 74459) the EPA finalized 

the Petroleum and Natural Gas Systems source category, 

Subpart W, of the Greenhouse Gas Reporting Rule. As part of 

that rule, the EPA finalized detailed provisions in 40 CFR 

98.234(f), allowing for owners or operators to use best 

available monitoring methods for specified parameters in 40 

CFR 98.233 where additional time is needed to comply with 

the monitoring and quality assurance/quality control 

(QA/QC) requirements as outlined in the rule. In these 

cases, owners or operators are given the flexibility, upon 
Page 11 of 26

This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

approval, to estimate parameters for equations in 40 CFR 

98.233 by using either monitoring methods currently used by 

the facility that do not meet the specifications of a 

relevant Subpart, supplier data, engineering calculations,

or other company records. 

Owners or operators desiring to use best available 

monitoring methods for reporting years 2012 and beyond are 

required to submit a request by September 30 of the year 

prior to the reporting year for which use of best available 

monitoring methods are being sought. 

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

This direct final rule amends one provision related to 

best available monitoring methods required in 40 CFR 

98.234(f)(8)(i). This action amends the date by which 

owners or operators must submit a request to use best 

available monitoring methods for future reporting years

from September 30 to June 30 of each year prior to the 

reporting year for which use of best available monitoring 

methods is sought. This amendment does not change any other 

best available monitoring method requirements as outlined 

in 40 CFR 98.234(f). 

EPA currently has authority to review and finalize 

best available monitoring method request determinations 
Page 12 of 26

This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

during the reporting year in which the use of best 

available monitoring methods are sought. However, making 

this annual deadline earlier will create a more realistic 

schedule for processing best available monitoring method 

requests and will improve EPA’s ability to inform owners or 

operators of EPA’s final determination prior to the 

reporting year for which such methods are sought. For 

example, in 2012, the EPA received more requests than 

anticipated, many of which were quite technical in nature. 

Based on a review of those requests, the EPA has determined 

that, additional time is needed to carefully review 

requests it may receive in future years, and in cases where 

the EPA deems it necessary, to afford time to request 

further information or to clarify questions or concerns

about the request. The September 30 deadline does not

provide a realistic time period to sufficiently review and 

process the requests and notify all owners or operators of 

final determinations.

The EPA anticipates that this amendment will have 

minimal adverse impact on owners or operators requesting to 

use best available monitoring methods. First, the EPA 

believes that the amendment will provide greater certainty 

to reporters as they plan for the future reporting year.
Page 13 of 26

This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

Further, the EPA has streamlined the submittal process 

itself, thus reducing the burden with submitting best 

available monitoring method requests to the EPA. EPA has 

developed a web form in the electronic greenhouse gas 

reporting tool (eGGRT) that allows submitters to enter 

information according to rule requirements. After an 

initial request has been submitted, eGGRT stores the 

information in that request and the owner or operator can 

use the stored information as the basis for a new request 

in subsequent reporting years. 

Finally, some owners or operators might be concerned 

that they will have to submit a best available monitoring 

method request earlier in the year and that unforeseen 

circumstances could arise later on in the year. Because it 

will be the fourth year of implementation of Subpart W of 

the GHGRP, the EPA expects such a scenario to be highly 

unlikely. However, should such a scenario arise, the 

Agency does have authority to review a request received 

after the deadline. Thus, in cases of uncertainty, if the 

reporter anticipates the potential need for best available 

monitoring methods and the situation is unresolved at the 

time of the deadline, under 40 CFR 98.234(f)(1) owners or 

operators may elect to submit written notice of the 
Page 14 of 26

This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

potential situation by the June 30 deadline through the 

eGGRT system. 

As noted previously, the EPA anticipates that this 

amendment would result in greater certainty to reporters 

choosing to submit best available monitoring method 

requests to the EPA for use in future years. 

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review 

and Executive Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a "significant regulatory action" 

under the terms of Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not subject to review 

under Executive Orders 12866 and 13563 (76 FR 3821, January 

21, 2011). 

B. Paperwork Reduction Act

This action does not impose any new information 

collection burden. This amendment affects a provision in 

the rule related to the date of submission for best 

available monitoring method requests and does not affect 

what is submitted in those request or any associated burden 

with submitting those requests. However, the Office of 

Management and Budget (OMB) has previously approved the 
Page 15 of 26

This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

information collection requirements contained in the 

existing regulations, 40 CFR 98 Subpart W (75 FR 74458), 

under the provisions of the Paperwork Reduction Act, 44 

U.S.C. 3501 et seq. and has assigned OMB control number

2060-0651. The OMB control numbers for the EPA's 

regulations in 40 CFR are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act

The RFA generally requires an agency to prepare a 

regulatory flexibility analysis of any rule subject to 

notice and comment rulemaking requirements under the 

Administrative Procedure Act or any other statute unless 

the agency certifies that the rule will not have a 

significant economic impact on a substantial number of 

small entities. Small entities include small businesses, 

small organizations, and small governmental jurisdictions.

For purposes of assessing the impacts of this final

rule on small entities, small entity is defined as: (1) a 

small business as defined by the Small Business 

Administration’s regulations at 13 CFR 121.201; (2) a small 

governmental jurisdiction that is a government of a city, 

county, town, school district or special district with a 

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

organization that is any not-for-profit enterprise which is 
Page 16 of 26

This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

independently owned and operated and is not dominant in its 

field. 

After considering the economic impacts of these rule 

amendments on small entities, I certify that this action 

will not have a significant economic impact on a 

substantial number of small entities. In determining 

whether a rule has a significant economic impact on a 

substantial number of small entities, the impact of concern 

is any significant adverse economic impact on small 

entities, since the primary purpose of the regulatory 

flexibility analysis is to identify and address regulatory 

alternatives “which minimize any significant economic 

impacts of the rule on small entities.” 5 U.S.C. 603 and 

604. Thus, an agency may certify that the rule will not 

have a significant economic impact on a substantial number 

of small entities if the rule relives regulatory burden, or 

otherwise has a positive economic effect on all of the 

small entities subject to the rule. EPA anticipates that 

this amendment would result in greater certainty to 

reporters choosing to submit best available monitoring 

method requests to the EPA for use in future years.

D. Unfunded Mandates Reform Act
Page 17 of 26

This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

Title II of the Unfunded Mandates Reform Act of 1995 

(UMRA), 2 U.S.C. 1531–1538, requires Federal agencies, 

unless otherwise prohibited by law, to assess the effects 

of their regulatory actions on State, local, and Tribal 

governments and the private sector. Federal agencies must 

also develop a plan to provide notice to small governments 

that might be significantly or uniquely affected by any 

regulatory requirements. The plan must enable officials of 

affected small governments to have meaningful and timely 

input in the development of the EPA regulatory proposals 

with significant Federal intergovernmental mandates and 

must inform, educate, and advise small governments on 

compliance with the regulatory requirements. 

This action does not contain a Federal mandate that 

may result in expenditures of $100 million or more for 

State, local, and tribal governments, in the aggregate, or 

the private sector in any one year. Thus, the amendments

in this action are not subject to the requirements of 

section 202 and 205 of the UMRA. This action is also not 

subject to the requirements of section 203 of UMRA because 

it contains no regulatory requirements that might 

significantly or uniquely affect small governments. 

E. Executive Order 13132: Federalism
Page 18 of 26

This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

This action does not have federalism implications. It 

will not have substantial direct effects on the States, on 

the relationship between the national government and the 

States, or on the distribution of power and 

responsibilities among the various levels of government, as 

specified in Executive Order 13132. 

This action applies to an optional provision in the 

final rule for Subpart W, which in turn applies to 

petroleum and natural gas facilities that emit greenhouse 

gases. Few, if any, State or local government facilities 

would be affected. This action also does not limit the 

power of States or localities to collect GHG data and/or 

regulate GHG emissions. Thus, Executive Order 13132 does 

not apply to this action.

F. Executive Order 13175: Consultation and Coordination 

with Indian Tribal Governments

This action does not have tribal implications, as 

specified in Executive Order 13175 (65 FR 67249, November 

9, 2000). Further, this action would not result in any 

changes to the current requirements of 40 CFR part 98 

Subpart W and only applies to optional provisions in 40 CFR 

part 98 Subpart W. Thus, Executive Order 13175 does not 

apply to this action.
Page 19 of 26

This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

Although Executive Order 13175 does not apply to this 

action, the EPA sought opportunities to provide information 

to Tribal governments and representatives during the 

development of the rule for Subpart W promulgated on 

November 30, 2010. A summary of the EPA’s consultations 

with Tribal officials is provided in Sections VIII.E and 

VIII.F of the preamble to the 2009 final rule and Section 

IV.F of the preamble to the 2010 final rule for Subpart W 

(75 FR 74485).

G. Executive Order 13045: Protection of Children from 

Environmental Health Risks and Safety Risks

The EPA interprets Executive Order 13045 (62 FR 19885, 

April 23, 1997) as applying only to those regulatory 

actions that concern health or safety risks, such that the 

analysis required under section 5-501 of the Executive 

Order has the potential to influence the regulation. This 

action is not subject to Executive Order 13045 because it 

does not establish an environmental standard intended to 

mitigate health or safety risks.

H. Executive Order 13211: Actions that Significantly 

Affect Energy Supply, Distribution, or Use
Page 20 of 26

This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

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 No. 104-113, 

12(d) (15 U.S.C. 272 note) directs EPA to use voluntary 

consensus standards in its regulatory activities unless to 

do so would be inconsistent with applicable law or 

otherwise impractical. Voluntary consensus standards are 

technical standards (e.g., materials specifications, test 

methods, sampling procedures, and business practices) that 

are developed or adopted by voluntary consensus standards 

bodies. NTTAA directs EPA to provide Congress, through 

OMB, explanations when the Agency decides not to use 

available and applicable voluntary consensus standards. 

This action does not involve technical standards. 

Therefore, EPA is not considering the use of any voluntary 

consensus standards.

J. Executive Order 12898: Federal Actions to Address 

Environmental Justice in Minority Populations and LowIncome Populations
Page 21 of 26

This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

Executive Order 12898 (59 FR 7629, February 16, 1994) 

establishes Federal executive policy on environmental 

justice. Its main provision directs Federal agencies, to 

the greatest extent practicable and permitted by law, to 

make environmental justice part of their mission by 

identifying and addressing, as appropriate, 

disproportionately high and adverse human health or 

environmental effects of their programs, policies, and 

activities on minority populations and low-income 

populations in the United States. 

The EPA has determined that this action will not have 

disproportionately high and adverse human health or 

environmental effects on minority or low-income populations 

because it does not affect the level of protection provided 

to human health or the environment because it is a rule 

addressing information collection and reporting procedures.

K. Congressional Review Act

The Congressional Review At, 5 U.S.C. 801 et seq., as added 

by the Small Business Regulatory Enforcement Fairness Act 

of 1996 (SBREFA), generally provides that before a rule may 

take effect, the agency promulgating the rule must submit a 

rule report, which includes a copy of the rule, to each 

House of the Congress and to the Comptroller General of the 
Page 22 of 26

This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

United States. The EPA will submit a report containing this 

rule and the required information to the U.S. Senate, the 

U.S. House of Representatives, and the Comptroller General 

of the U.S. A major rule cannot take effect until 60 days 

after it is published in the Federal Register. This action 

is not a “major rule” as defined by 5 U.S.C. 804(2). This 

rule is effective on [INSERT THE DATE 60 DAYS AFTER THE 

DATE OF PUBLICATION OF THIS DIRECT FINAL RULE IN THE 

FEDERAL REGISTER] without further notice, unless the EPA 

receives adverse comment by [INSERT THE DATE 30 DAYS AFTER 

THE DATE OF PUBLICATION OF THIS DIRECT FINAL RULE IN THE 

FEDERAL REGISTER]. If the EPA receives adverse comment by

[INSERT THE DATE 30 DAYS AFTER THE DATE OF PUBLICATION OF 

THIS DIRECT FINAL RULE IN THE FEDERAL REGISTER], the EPA 

will publish a timely withdrawal notice in the Federal 

Register to inform the public that this rule will not take 

effect. 
Greenhouse Gas Reporting Rule: Revision to Best Available 

Monitoring Method Request Submission Deadline for Petroleum and 

Natural Gas Systems Source Category

Page 23 of 26

List of Subjects in 40 CFR Part 98

Environmental Protection, Administrative practice and 

procedures, Air pollution control, Greenhouse gases, 

Monitoring, Reporting and recordkeeping requirements. 

Date:

Lisa P. Jackson, 

Administrator.
Page 24 of 26

For the reasons discussed 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. 7401–7671q.

Subpart-W [Amended]

2. Section 98.234 is amended by revising paragraph 

(f)(8)(i) to read as follows:

§98.234 Monitoring and QA/QC Requirements

* * * * *

(f) * * *

(8) * * *

(i) Timing of Request. EPA does not anticipate a need 

for best available monitoring methods beyond 2011, but for 

all reporting years after 2011, best available monitoring 

methods will be considered for unique or unusual 

circumstances which include data collection methods that do 

not meet safety regulations, technical infeasibility, or 

counter to other local, State, or Federal regulations. For 

use of best available monitoring methods in 2012, an 

initial notice of intent to request best available 

monitoring methods must be submitted by December 31, 2011. 
Page 25 of 26

This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

Any notice of intent submitted prior to the effective date 

of this rule cannot be used to meet this December 31, 2011 

deadline; a new notice of intent must be signed and 

submitted by the designated representative. In addition to 

the initial notification of intent, owners or operators 

must also submit an extension request containing the 

information specified in 98.234(f)(8)(ii) by March 30, 

2012. Any best available monitoring methods request 

submitted prior to the effective date of this rule cannot 

be used to meet the March 30, 2012 deadline; a new best 

available monitoring methods request must be signed and 

submitted by the designated representative. Owners or 

operators that submit both a timely notice of intent and 

extension request consistent with 98.234(f)(8)(ii) can 

automatically use best available monitoring method through 

June 30, 2012, for the specific parameters identified in 

their notification of intent and best available monitoring 

methods request regardless of whether the best available 

monitoring methods request is ultimately approved. Owners 

or operators that submit a notice of intent but do not 

follow up with a best available monitoring methods request 

by March 30, 2012 cannot use best available monitoring 

methods in 2012. For 2012, when an owner or operator has 
Page 26 of 26

This document is a prepublication version, signed by EPA Administrator 

Lisa P. Jackson on February 7, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

submitted a notice of intent and a subsequent best 

available monitoring method extension request, use of best 

available monitoring methods will be valid, upon approval 

by the Administrator, until the date indicated in the 

approval or until December 31, 2012, whichever is earlier. 

For reporting years after 2012, a new request to use best 

available monitoring methods must be submitted by June 30th 

of the year prior to the reporting year for which use of 

best available monitoring methods is sought.

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