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
22826 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 

cause finds that notice and public 

procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making today’s rule final without 

prior proposal and opportunity for 

comment. We are acting pursuant to 

CAA section 307(d)(7)(B) to extend 

these deadlines in part because both the 

affected universe of facilities subject to 

the rule and the substantive 

requirements associated with the 

BAMM provisions in the rule could 

change as a result of this 

reconsideration process. In addition, we 

are extending these provisions to allow 

owners and operators of affected 

facilities additional time to 

appropriately assess their facilities to 

determine if it will be necessary for 

them to apply for BAMM during 

calendar year 2011. Because we cannot 

predict the resulting outcome of the 

reconsideration process with respect to 

BAMM, we think a limited extension 

during the duration of the 

administrative reconsideration process 

is appropriate so that owners and 

operators of affected facilities would not 

incur additional costs associated with 

applying for BAMM in advance of our 

final decision on this issue. It would be 

impracticable to go through notice and 

comment rulemaking to extend an 

imminent deadline and it is also 

unnecessary because section 

307(d)(7)(B) does not require notice and 

comment for a three-month extension 

pending reconsideration. Thus, notice 

and public procedure are impracticable 

and unnecessary. EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(B). 

II. Statutory and Executive Order 

Reviews 

A. General Requirements 

This action is not a ’’significant 

regulatory action,’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and, therefore, not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). For this reason, this 

action is also not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001). In addition, 

because the agency has made a ‘‘good 

cause’’ finding that this action is not 

subject to notice-and-comment 

requirements under the Administrative 

Procedure Act or any other statute (See 

Section I. Background Information of 

this preamble) it is not subject to 

sections 202 and 205 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(Public Law 104–4). In addition, this 

action does not impose any enforceable 

duty or contain any unfunded mandates 

as described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4), or 

require prior consultation with State 

officials, as specified by Executive 

Order 12875 (58 FR 58093, October 28, 

1993), or involve special consideration 

of environmental justice related issues, 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). 

Further, because the agency has made a 

‘‘good cause’’ (See Section I. Background 

Information of this preamble) finding 

that this action is not subject to noticeand-comment requirements under the 

Administrative Procedure Act or any 

other statute, it is not subject to the 

regulatory flexibility provisions of the 

Regulatory Flexibility Act (5 U.S.C. 601, 

et seq.). This action also does not have 

Tribal implications because it will not 

have a substantial direct effect on one or 

more Indian Tribes, on the relationship 

between the Federal government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian Tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does 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 (64 FR 43255, 

August 10, 1999). This action also is not 

subject to Executive Order 13045, 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997). 

The requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This action does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501, et seq.). EPA’s compliance 

with these statutes and Executive 

Orders for the underlying rule is 

discussed in the November 30, 2010 

Federal Register document. 

B. Submission to Congress and the 

Comptroller General 

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 

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 previously, EPA has 

made such a good cause finding, 

including the reasons therefore, and 

established an effective date of April 30, 

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 prior to publication of the rule in 

the Federal Register. This action is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

III. How Can I Get Copies of This 

Document and Other Related 

Information? 

This Federal Register notice is 

available in the docket for the final rule 

titled ‘‘Mandatory Reporting of 

Greenhouse Gases: Petroleum and 

Natural Gas Systems,’’ published on 

November 30, 2010 at 98 FR 74458, 

under Docket ID No. EPA–HQ–OAR– 

2009–0923. 

All documents in the docket are listed 

on the http://www.regulations.gov Web 

site. Although listed in the index, some 

information may not be publicly 

available, i.e., Confidential Business 

Information 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 through 

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

copy at the EPA’s Docket Center, Docket 

ID No. EPA–HQ–OAR–2009–0923, 

Public Reading Room, EPA West 

Building, Room 3334, 1301 Constitution 

Avenue, Northwest, Washington, DC 

20004. 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 

Center is (202) 566–1741. 

In addition to being available in the 

docket, an electronic copy of this 

Federal Register notice is also available 

on the World Wide Web at http:// 

www.epa.gov/climatechange/emissions/ 

ghgrulemaking.html. 


jdjones on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 22827 

List of Subjects in 40 CFR Part 98 

Environmental Protection, 

Administrative practice and procedures, 

Air pollution control, Monitoring, 

Reporting and recordkeeping. 

Dated: April 20, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons discussed in the 

preamble, the EPA amends 40 CFR parts 

98 as follows: 

PART 98—[AMENDED] 

■ 1. The authority citation for part 98 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

■ 2. Section 98.234 is amended as 

follows: 

■ a. By revising paragraph (f)(2) 

introductory text. 

■ b. By revising paragraph (f)(3) 

introductory text. 

■ c. By revising paragraphs (f)(5)(i), 

(f)(5)(ii), (f)(5)(iii)(A), (f)(5)(iv)(A). 

■ d. By revising paragraphs (f)(6) 

introductory text, (f)(6)(i), (f)(6)(ii)(D), 

(f)(6)(iii). 

■ e. By revising paragraphs (f)(7) 

introductory text, (f)(7)(i), and (f)(7)(iii) 

The revisions read as follows: 

§ 98.234 Monitoring and QA/QC 

Requirements. 

* * * * * 

(f) * * * 

(2) Best available monitoring methods 

for well-related emissions. During 

January 1, 2011 through September 30, 

2011, owners and operators may use 

best available monitoring methods for 

any well-related data that cannot 

reasonably be measured according to the 

monitoring and QA/QC requirements of 

this subpart, and only where required 

measurements cannot be duplicated due 

to technical limitations after September 

30, 2011. These well-related sources are: 

* * * * * 

(3) Best available monitoring methods 

for specified activity data. During 

January 1, 2011 through September 30, 

2011, owners or operators may use best 

available monitoring methods for 

activity data as listed below that cannot 

reasonably be obtained according to the 

monitoring and QA/QC requirements of 

this subpart, specifically for events that 

generate data that can be collected only 

between January 1, 2011 and September 

30, 2011 and cannot be duplicated after 

September 30, 2011. These sources are: 

* * * * * 

(5) * * * 

(i) No request or approval by the 

Administrator is necessary to use best 

available monitoring methods between 

January 1, 2011 and September 30, 2011 

for the sources specified in paragraph 

(f)(2) of this section. 

(ii) No request or approval by the 

Administrator is necessary to use best 

available monitoring methods between 

January 1, 2011 and September 30, 2011 

for sources specified in paragraph (f)(3) 

of this section. 

(iii) * * * 

(A) Timing of Request. The request to 

use best available monitoring methods 

for paragraph (f)(4) of this section must 

be submitted to EPA no later than July 

31, 2011. 

* * * * * 

(iv) * * * 

(A) Timing of Request. The request to 

use best available monitoring methods 

for sources not listed in paragraph (f)(2), 

(f)(3), and (f)(4) of this section must be 

submitted to EPA no later than July 31, 

2011. 

* * * * * 

(6) Requests for extension of the use 

of best available monitoring methods 

through December 31, 2011 for sources 

in paragraph (f)(2) of this section. The 

owner or operator may submit a request 

to the Administrator to use one or more 

best available monitoring methods 

described in paragraph (f)(2) of this 

section beyond September 30, 2011. 

(i) Timing of Request. The extension 

request must be submitted to EPA no 

later than July 31, 2011. 

* * * * * 

(ii) * * * 

(D) If the reason for the extension is 

that the owner or operator cannot 

collect data from a service provider or 

relevant organization in order for the 

owner or operator to meet requirements 

of this subpart for the 2011 calendar 

year, the owner or operator must 

demonstrate a good faith effort that it is 

not possible to obtain the necessary 

information, service or hardware which 

may include providing correspondence 

from specific service providers or other 

relevant entities to the owner or 

operator, whereby the service provider 

states that it is unable to provide the 

necessary data or services requested by 

the owner or operator that would enable 

the owner or operator to comply with 

subpart W reporting requirements by 

September 30, 2011. 

* * * * * 

(iii) Approval criteria. To obtain 

approval, the owner or operator must 

demonstrate to the Administrator’s 

satisfaction that it is not reasonably 

feasible to obtain the data necessary to 

meet the requirements of this subpart 

for the sources specified in paragraph 

(f)(2) of this section by September 30, 

2011. 

(7) Requests for extension of the use 

of best available monitoring methods 

through December 31, 2011 for sources 

in paragraph (f)(3) of this section. The 

owner or operator may submit a request 

to the Administrator to use one or more 

best available monitoring methods 

described in paragraph (f)(3) of this 

section beyond September 30, 2011. 

(i) Timing of request. The extension 

request must be submitted to EPA no 

later than July 31, 2011. 

* * * * * 

(iii) Approval criteria. To obtain 

approval, the owner or operator must 

demonstrate to the Administrator’s 

satisfaction that is not reasonably 

feasible to implement the data 

collection for the sources described in 

paragraph (f)(3) of this section for the 

methods required in this subpart by 

September 30, 2011. 

* * * * * 

[FR Doc. 2011–10026 Filed 4–22–11; 8:45 am] 

BILLING CODE 6560–50–P 


jdjones on DSKHWCL6B1PROD with RULES