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[Federal Register: March 16, 2010 (Volume 75, Number 50)]
[Rules and Regulations]               
[Page 12451-12458]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr10-8]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2008-0508; FRL-9127-6]
RIN 2060-AQ15

 
Mandatory Reporting of Greenhouse Gases: Minor Harmonizing 
Changes to the General Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to amend the general 
provisions for the Mandatory Greenhouse Gas (GHG) Reporting Rule. The 
amendments do not change the requirements of the regulation for 
facilities and suppliers covered by the 2009 final rule. Rather, the 
amendments are minor changes to the format of several sections of the 
general provisions to accommodate the addition of new subparts in the 
future in a simple and clear manner. These changes include updating the 
language for the schedule for submitting reports and calibrating 
equipment to recognize that subparts that may be added in the future 
would have later deadlines. These revisions do not change the 
requirements for subparts included in the 2009 final rule.

DATES: This direct final rule is effective May 17, 2010 without further 
notice, unless EPA receives adverse comments by April 15, 2010, or by 
April 30, 2010 if a public hearing is held (see below). If we receive 
adverse comment, we will publish a timely withdrawal in the Federal 
Register informing the public that this rule, or the relevant section 
of this rule, will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0508, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     E-mail: a-and-r-Docket@epa.gov.
     Fax: (202) 566-1741.
     Mail: Environmental Protection Agency, EPA Docket Center 
(EPA/DC), Mailcode 6102T, Attention Docket ID No. EPA-HQ-OAR-2008-0508, 
1200 Pennsylvania Avenue, NW., Washington, DC 20460.
     Hand 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-
2008-0508. 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 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 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, 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

[[Page 12452]]

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) 343-9263; fax number: (202) 343-2342; e-mail address: 
GHGReportingRule@epa.gov.

SUPPLEMENTARY INFORMATION: EPA is publishing this rule without prior 
proposal because we view this as a noncontroversial action and 
anticipate no adverse comment. These amendments simply reformat parts 
of one section of subpart A and make other harmonizing changes to allow 
additional subparts to be added in the future in a clear manner. These 
revisions do not alter the requirements for sources covered by the 
final rule. Any additional subparts will be added in separate 
rulemakings and are not included in this rule. However, in the 
``Proposed Rules'' section of this Federal Register, we are publishing 
a separate document that will serve as the proposed rule for these 
amendments if adverse comments are received on this direct final rule. 
If EPA receives adverse comment on all or a distinct portion of this 
direct final rule, we will publish a timely withdrawal in the Federal 
Register to inform the public that the direct final rule or some 
portion of the direct final rule will not take effect. EPA will not 
consider a comment to be adverse if a comment pertains to an aspect of 
40 CFR part 98 that is not addressed in this direct final rule.
    The rule provisions that are not withdrawn will become effective on 
the date set out above, notwithstanding adverse comment on any other 
provision, unless we determine that it would not be appropriate to 
promulgate those provisions due to their being affected by the 
provision for which we receive adverse comments. We would address all 
public comments in any subsequent final rule based on the proposed 
rule. We will not institute a second comment period on this action. Any 
parties interested in commenting on the specific changes being made in 
this rule must do so at this time. For further information about 
commenting on this rule, see the ADDRESSES section of this document.
    Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    Regulated Entities. The amendments to the Mandatory Greenhouse Gas 
Reporting Rule affect owners and operators of fuel and chemicals 
suppliers and direct emitters of GHGs who are already subject to the 
rule. Regulated categories and entities include those listed in Table 1 
of this preamble:

                               Table 1--Examples of Affected Entities by Category
----------------------------------------------------------------------------------------------------------------
                   Category                          NAICS               Examples of affected facilities
----------------------------------------------------------------------------------------------------------------
General Stationary Fuel Combustion Sources...  ................  Facilities operating boilers, process heaters,
                                                                  incinerators, turbines, and internal
                                                                  combustion engines:
                                                            211  Extractors of crude petroleum and natural gas.
                                                            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.
Electricity Generation.......................            221112  Fossil-fuel fired electric generating units,
                                                                  including units owned by Federal and municipal
                                                                  governments and units located in Indian
                                                                  Country.
Adipic Acid Production.......................            325199  Adipic acid manufacturing facilities.
Aluminum Production..........................            331312  Primary Aluminum production facilities.
Ammonia Manufacturing........................            325311  Anhydrous and aqueous ammonia manufacturing
                                                                  facilities.
Cement Production............................            327310  Portland Cement manufacturing plants.
Ferroalloy Production........................            331112  Ferroalloys manufacturing facilities.
Glass Production.............................            327211  Flat glass manufacturing facilities.
                                                         327213  Glass container manufacturing facilities.
                                                         327212  Other pressed and blown glass and glassware
                                                                  manufacturing facilities.
HCFC-22 Production and HFC-23 Destruction....            325120  Chlorodifluoromethane manufacturing facilities.
Hydrogen Production..........................            325120  Hydrogen manufacturing facilities.
Iron and Steel Production....................            331111  Integrated iron and steel mills, steel
                                                                  companies, sinter plants, blast furnaces,
                                                                  basic oxygen process furnace shops.
Lead Production..............................            331419  Primary lead smelting and refining facilities.
                                                         331492  Secondary lead smelting and refining
                                                                  facilities.
Lime Production..............................            327410  Calcium oxide, calcium hydroxide, dolomitic
                                                                  hydrates manufacturing facilities.
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.

[[Page 12453]]


Petroleum Refineries.........................            324110  Petroleum refineries.
Phosphoric Acid Production...................            325312  Phosphoric acid manufacturing facilities.
Pulp and Paper Manufacturing.................            322110  Pulp mills.
                                                         322121  Paper mills.
                                                         322130  Paperboard mills.
Silicon Carbide Production...................            327910  Silicon carbide abrasives manufacturing
                                                                  facilities.
Soda Ash Manufacturing.......................            325181  Alkalies and chlorine manufacturing facilities.
                                                         212391  Soda ash, natural, mining and/or beneficiation.
Titanium Dioxide Production..................            325188  Titanium dioxide manufacturing facilities.
Zinc Production..............................            331419  Primary zinc refining facilities.
                                                         331492  Zinc dust reclaiming facilities, recovering
                                                                  from scrap and/or alloying purchased metals.
Municipal Solid Waste Landfills..............            562212  Solid waste landfills.
Manure Management \1\........................            112111  Beef cattle feedlots.
                                                         112120  Dairy cattle and milk production facilities.
                                                         112210  Hog and pig farms.
                                                         112310  Chicken egg production facilities.
                                                         112330  Turkey production.
                                                         112320  Broilers and other meat type chicken
                                                                  production.
Suppliers of Coal Based Liquids Fuels........            211111  Coal liquefaction at mine sites.
Suppliers of Petroleum Products..............            324110  Petroleum refineries.
Suppliers of Natural Gas and NGLs............            221210  Natural gas distribution facilities.
                                                         211112  Natural gas liquid extraction facilities.
Suppliers of Industrial GHGs.................            325120  Industrial gas manufacturing facilities.
Suppliers of Carbon Dioxide (CO2)............            325120  Industrial gas manufacturing facilities.
----------------------------------------------------------------------------------------------------------------
\1\ EPA will not be implementing subpart JJ of the Mandatory GHG Reporting Rule using funds provided in its
  FY2010 appropriations due to a Congressional restriction prohibiting the expenditure of funds for this
  purpose.

    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. Table 1 of this preamble lists the types of 
facilities that EPA is now aware could be potentially affected by this 
action. Other types of facilities not listed in the table could also be 
affected. To determine whether your facility is affected by this 
action, you should carefully examine the applicability criteria found 
in 40 CFR part 98, subpart A, and other subparts as necessary. 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.
    Public Hearing. EPA does not plan to conduct a public hearing 
unless requested. To request a hearing, please contact the person 
listed in the preceding FOR FURTHER INFORMATION CONTACT section by 
March 23, 2010. If requested, the public hearing will be conducted on 
March 31, 2010 at 1310 L St., NW., Washington, DC 20005 starting at 9 
a.m., local time. EPA will provide further information about the 
hearing on its webpage if a hearing is requested.
    Outline. The information presented in this preamble is organized as 
follows:

Table of Contents

I. Background of Final Rule
II. Overview of the Amendments
III. Rationale for the Amendments
IV. Economic Impacts of the Amendments
V. Statutory and Executive Order Reviews

I. Background of Final Rule

    The Mandatory Greenhouse Gas Reporting Rule, published on October 
30, 2009 (74 FR 56260), requires reporting by certain facilities that 
emit GHGs and by suppliers of fuels and industrial gases. Facilities 
and suppliers that meet the applicability criteria in the rule must 
comply with the general provisions (subpart A) and any other applicable 
subpart(s). Subpart A specifies rule applicability and the general 
monitoring, reporting, recordkeeping, verification, schedule, and 
calibration requirements that apply to all facilities and suppliers 
that are subject to the final rule. Some subparts of the final rule 
address direct emitters, who generally must report emissions from 
general stationary fuel combustion sources and any manufacturing 
processes that are specified in the rule. Other subparts address 
suppliers, who must report quantities of fuel products or industrial 
gases they supply into the economy and the GHG emissions that could 
ultimately be released when the fuels they supply are combusted or the 
industrial gases they supply are used and released.
    As specified in subpart A of the 2009 final rule, facilities and 
suppliers covered by the 2009 rule must begin monitoring emissions data 
on January 1, 2010, and the first reports are due to EPA on March 31, 
2011. EPA is currently in the process of conducting additional 
rulemaking actions that would add subparts to the reporting rule. If 
adopted, the new subparts would require reporting of emissions by 
additional source and supply categories. Compliance with the 
requirements of any new subparts would begin in future calendar years 
(e.g., 2011) rather than 2010. Any comments about the actual reporting 
date (e.g, March 31) for those additional source categories should be 
directed to those separate rulemaking. We will not consider comments on 
the reporting date as adverse comments in this rulemaking. Today's 
minor revisions do not change the requirements of the final rule, but 
rather reformat the regulatory text to allow for the addition of 
subparts in the future in a simple and clear manner.

II. Overview of the Amendments

    The direct final rule amendment converts into a tabular format the 
lists of source categories and supply categories that are affected by 
the rule. The lists, which currently are embedded in three paragraphs 
of subpart A (40 CFR 98.2(a)), are being moved to three new tables in 
subpart A. Each table also indicates the applicable first reporting 
year for each source and supply category. For source and supply 
categories included in the 2009 final rule, the first reporting year 
remains 2010.

[[Page 12454]]

    As a concurrent harmonizing change, all references to applicable 
subparts (e.g., ``subparts C through JJ'') are being replaced by 
references to the appropriate source or supply category table. EPA is 
neither adding any new source categories in this direct final rule nor 
making any changes to the applicability, schedule, or general 
requirements for sources covered by the 2009 final rule. Any comments 
about the applicability requirements reflected in the final rule will 
not be considered adverse comment in this rulemaking. This rule is 
merely reformatting those applicability requirements, not changing 
them; therefore, they are not subject to comment in this rule. For more 
information about applicability, please see the final GHG Mandatory 
Reporting Rule (74 FR 56260) and corresponding Response to Comment 
documents.
    Finally, EPA is also amending 40 CFR 98.3 in order to recognize 
that the compliance year for any new subparts would be different than 
for subparts covered by the 2009 final rule. Again, these revisions 
would not change any requirements for sources covered by the 2009 final 
rule. As stated above, the actual schedule for complying with new 
subparts is not a subject for this rulemaking. Any comments about the 
schedule for any new source categories added should be directed to 
those rulemakings. For more information about the March 31, 2011 
reporting date, please see the final GHG Mandatory Reporting Rule (74 
FR 56260) and corresponding Response to Comment documents.

III. Rationale for the Amendments

    EPA is changing the framework of 40 CFR 98.2(a) to make it clear 
which source categories are to be considered for determining 
applicability and reporting requirements for calendar year 2010, and 
which are to be considered for future years if and when new subparts 
are added to the rule. In 40 CFR 98.3, EPA is modifying references to 
calendar year 2010 as being the sole initial compliance year for all 
rule requirements. The table format improves clarity and facilitates 
the addition of subparts that were not included in the 2009 final rule. 
Tables A-3 through A-5 replace the list of source categories in 40 CFR 
98.2(a)(1), (a)(2), and (a)(4), respectively. Each table lists the 
source categories subject to the rule in calendar year 2010 and also 
includes a place to list applicable source categories in calendar year 
2011 and future years.
    If new source and supply source categories are added to the rule, 
this reformatting will simplify updates to the applicability provisions 
of subpart A. If new subparts are adopted, a new row would simply be 
added to the appropriate table for the appropriate starting year. To 
carry these revisions through the rest of the regulatory text, the 
introductory text of 40 CFR 98.2(a)(2) and a few other paragraphs 
throughout 40 CFR part 98, subpart A that currently reference 
``subparts C through JJ'' or ``subparts KK through PP'' are reworded to 
refer to the appropriate tables. References to tables are an easy way 
to clearly indicate which categories are to be considered for 
determining the applicability threshold and reporting requirements for 
calendar years 2010, 2011, and future years, without having to update 
the list citations throughout the regulatory text every time a new 
subpart is added to the rule.
    We are also revising 40 CFR 98.3(b), which establishes the schedule 
for annual reporting. The text in 40 CFR 98.3(b)(1) and (b)(2) 
currently indicates that existing facilities subject to the rule must 
report emissions for calendar year 2010 by submitting an annual report 
no later than March 31, 2011. The revisions to 40 CFR 98.3(b) do not 
change the 2010 and 2011 dates for facilities and suppliers covered by 
the 2009 final rule, but provide that as new subparts are added, they 
will have later compliance years. Therefore, we are modifying the text 
of 40 CFR 98.3(b) to allow reporting to start in different years, as 
specified in the new source category tables. Any future rules adding 
subparts would indicate the exact starting year for reporting for that 
source category. This direct final rule merely removes the presumption 
that all categories, existing and future, would report starting with 
2010 emissions. Any comments about the reporting schedule for any new 
source categories should be made in those separate rulemakings, rather 
than here. We will not consider them adverse comments for the purposes 
of this rulemaking.
    We also are removing and reserving 40 CFR 98.3(b)(1). This section 
is not needed because the tables will indicate the first reporting year 
for source categories added to the rule and the requirement for 
facilities to report in each subsequent year is already contained in 40 
CFR 98.2(i).
    We are also modifing the text of 40 CFR 98.3(i)(1) to allow 
facilities that must report under any additional subparts to conduct 
any intial calibrations that are required by the newly published 
subparts during the first year that the subpart applies rather than in 
the year 2010.
    As discussed throughout this rule, we are not changing any 
requirements for facilities or suppliers covered by subparts included 
in the 2009 final rule. Rather, we are merely reformatting the 
presentation of certain requirements, and clarifying deadlines that may 
apply to future subparts added in later rulemakings. Thus, as indicated 
in the concurrent proposal, we are not requesting or entertaining 
comments on decisions made in the 2009 final rule. Comments received on 
issues resolved in the 2009 final rule will not be considered adverse 
comments on this direct final rule because they are outside the scope 
of the changes being made by this rule.

IV. Economic Impacts of the Amendments

    The amendments do not introduce any changes to the requirements of 
the rule. Therefore, there are no economic or cost impacts associated 
with this direct final rule.

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 (EO) 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. 
The amendments in this direct final rule simply reformat parts of 
subpart A and make other harmonizing changes to allow additional 
subparts to be added into the final rule in a clear manner. This direct 
final rule does not change any reporting requirements in the general 
provisions. However, the Office of Management and Budget (OMB) has 
previously approved the information collection requirements contained 
in the existing subparts of 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. The OMB control numbers for EPA's regulations 
in 40 CFR are listed in 40 CFR part 9. Subparts that will be added 
through separate rulemakings will document the respective information 
collection requirements in their own ICR documents.

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

[[Page 12455]]

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 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 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 direct 
final rule simply reformats parts of one section of subpart A and makes 
other harmonizing changes to allow additional subparts to be added into 
the final rule in a clear manner. The direct final rule does not itself 
add any additional subparts or requirements. The direct final rule will 
not impose any new requirements on small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or tribal governments or the private 
sector. The action imposes no enforceable duty on any State, local or 
tribal governments or the private sector. Therefore, this action is not 
subject to the requirements of sections 202 or 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. The amendments in this final rule 
reformat parts of one section of Subpart A and make other harmonizing 
changes to allow additional subparts to be added into the final rule in 
a clear manner.

E. Executive Order 13132: Federalism

    EO 13132, entitled ``Federalism'' (64 FR 43255, August 10, 1999), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by State and local officials in the development of 
regulatory policies that have Federalism implications.'' ``Policies 
that have Federalism implications'' is defined in the EO to include 
regulations that 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.''
    This final rule 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 EO 13132. However, for a more detailed discussion about 
how the Mandatory GHG Reporting Rule relates to existing State 
programs, please see Section II of the preamble to the final Mandatory 
GHG Reporting Rule (74 FR 56266).
    These amendments apply directly to facilities that supply fuel or 
chemicals that when used emit greenhouse gases or facilities that 
directly emit greenhouses gases. They do not apply to governmental 
entities unless the government entity owns a facility that directly 
emits greenhouse gases above threshold levels (such as a landfill or 
large stationary combustion source), 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, EO 13132 does not apply to this final rule.

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 changes in 
this direct final rule do not result in any changes to the requirements 
of the 2009 rule. Thus, Executive Order 13175 does not apply to this 
action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This direct final rule is not subject to EO 13045 (62 FR 19885, 
April 23, 1997) because it is not economically significant as defined 
in EO 12866, and because the Agency does not believe the environmental 
health or safety risks addressed by this action present a 
disproportionate risk to children. The changes in this direct final 
rule do not result in any changes to the requirements applicable to 
facilities and suppliers covered by the subparts included in the 2009 
final rule.

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, 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 
did not consider 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 the direct final amendments will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because the amendments do 
not affect the level of protection provided to human health or the 
environment. The amendments do not affect the level of protection 
provided to human health or the environment because they simply 
reformat parts of one section of subpart A and make other harmonizing 
changes to allow additional subparts to be added into the final rule in 
a clear manner.

[[Page 12456]]

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. 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 U.S. 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). This rule will be effective May 17, 2010.

List of Subjects in 40 CFR Part 98

    Environmental protection, Administrative practice and procedure, 
Greenhouse gases, Suppliers, Reporting and recordkeeping requirements.

    Dated: March 10, 2010.
Lisa P. Jackson,
Administrator.

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For the reasons stated in the preamble, title 40, chapter I, of the 
Code of Federal Regulations is amended as follows:

PART 98--[AMENDED]

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1. The authority citation for part 98 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart A--[Amended]

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2. Section 98.1 is amended by revising paragraph (b) to read as 
follows:


Sec.  98.1  Purpose and scope.

* * * * *
    (b) Owners and operators of facilities and suppliers that are 
subject to this part must follow the requirements this subpart and all 
applicable subparts of this part. If a conflict exists between a 
provision in subpart A and any other applicable subpart, the 
requirements of the applicable subpart shall take precedence.


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3. Section 98.2 is amended by revising paragraphs (a)(1), (2), and (4) 
to read as follows:


Sec.  98.2  Who must report?

    (a) * * *
    (1) A facility that contains any source category that is listed in 
Table A-3 of this subpart in any calendar year starting in 2010. For 
these facilities, the annual GHG report must cover stationary fuel 
combustion sources (subpart C of this part), miscellaneous use of 
carbonates (subpart U of this part), and all applicable source 
categories listed in Table A-3 and Table A-4 of this subpart.
    (2) A facility that contains any source category that is listed in 
Table A-4 of this subpart that emits 25,000 metric tons CO2e 
or more per year in combined emissions from stationary fuel combustion 
units, miscellaneous uses of carbonate, and all applicable source 
categories that are listed in Table A-3 and Table A-4 of this subpart. 
For these facilities, the annual GHG report must cover stationary fuel 
combustion sources (subpart C of this part), miscellaneous use of 
carbonates (subpart U of this part), and all applicable source 
categories listed in Table A-3 and Table A-4 of this subpart.
* * * * *
    (4) A supplier that is listed in Table A-5 of this subpart. For 
these suppliers, the annual GHG report must cover all applicable 
products for which calculation methodologies are provided in the 
subparts listed in Table A-5 of this subpart.
* * * * *


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4. Section 98.3 is amended as follows:
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a. By revising paragraph (b) introductory text.
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b. By removing and reserving paragraph (b)(1).
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c. By revising paragraph (b)(2).
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d. By revising paragraph (c)(4)(i).
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e. By revising paragraph (c)(4)(ii).
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f. By revising paragraph (c)(4)(iii) introductory text.
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g. By revising paragraph (i)(1).


Sec.  98.3  What are the general monitoring, reporting, recordkeeping 
and verification requirements of this part?

* * * * *
    (b) Schedule. The annual GHG report 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 that is subject to the 
rule in calendar year 2010, the first report must be submitted on March 
31, 2011.
    (1) [Reserved]
    (2) For a new facility or supplier that begins operation on or 
after January 1, 2010 and becomes subject to the rule in the year that 
it becomes operational, report emissions beginning with the first 
operating month and ending on December 31 of that year. Each subsequent 
annual report must cover emissions for the calendar year, beginning on 
January 1 and ending on December 31.
* * * * *
    (c) * * *
    (4) * * *
    (i) Annual emissions (excluding biogenic CO2) aggregated 
for all GHG from all applicable source categories listed in Tables A-3 
and Table A-4 of this subpart and expressed in metric tons of 
CO2e calculated using Equation A-1 of this subpart.
    (ii) Annual emissions of biogenic CO2 aggregated for all 
applicable source categories in listed in Tables A-3 and Table A-4 of 
this subpart.
    (iii) Annual emissions from each applicable source category listed 
in Tables A-3 and Table A-4 of this subpart, expressed in metric tons 
of each GHG listed in paragraphs (c)(4)(iii)(A) through (E) of this 
section.
* * * * *
    (i) * * *
    (1) Except as provided paragraphs (i)(4) through (6) of this 
section, flow meters and other devices (e.g., belt scales) that measure 
data used to calculate GHG emissions shall be calibrated using the 
procedures specified in this paragraph and each relevant subpart of 
this part. All measurement devices must be calibrated according to the 
manufacturer's recommended procedures, an appropriate industry 
consensus standard, or a method specified in a relevant subpart of this 
part. All measurement devices shall be calibrated to an accuracy of 5 
percent. For facilities and suppliers that are subject to this part on 
January 1, 2010, the initial calibration shall be conducted by April 1, 
2010. For facilities and suppliers that become subject to this part 
after April 1, 2010, the initial calibration shall be conducted by the 
date that data collection is required to begin. Subsequent calibrations 
shall be performed at the frequency specified in each applicable 
subpart.
* * * * *
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5. Subpart A is amended by adding Tables A-3, A-4, and A-5 to read as 
follows:

[[Page 12457]]



   Table A-3 of Subpart A--Source Category List for Sec.   98.2(a)(1)
------------------------------------------------------------------------

-------------------------------------------------------------------------
        Source Categories \1\ Applicable in 2010 and Future Years
------------------------------------------------------------------------
Electricity generation units that report CO2 mass emissions year round
 through 40 CFR part 75 (subpart D).
Adipic acid production (subpart E).
Aluminum production (subpart F).
Ammonia manufacturing (subpart G).
Cement production (subpart H).
HCFC-22 production (subpart O).
HFC-23 destruction processes that are not collected with a HCFC-22
 production facility and that destroy more than 2.14 metric tons of HFC-
 23 per year (subpart O).
Lime manufacturing (subpart S).
Nitric acid production (subpart V).
Petrochemical production (subpart X).
Petroleum refineries (subpart Y).
Phosphoric acid production (subpart Z).
Silicon carbide production (subpart BB).
Soda ash production (subpart CC).
Titanium dioxide production (subpart EE).
Municipal solid waste landfills that generate CH4 in amounts equivalent
 to 25,000 metric tons CO2e or more per year, as determined according to
 subpart HH of this part.
Manure management systems with combined CH4 amd N2O emissions in amounts
 equivalent to 25,000 metric tons CO2e or more per year, as determined
 according to subpart JJ of this part.
------------------------------------------------------------------------
  Additional Source Categories \1\ Applicable in 2011 and Future Years
------------------------------------------------------------------------
  Source Categories \1\ Applicable in 2010 and Future Years (reserved)
------------------------------------------------------------------------
Source categories are defined in each applicable subpart.


   Table A-4 of Subpart A--Source Category List for Sec.   98.2(a)(2)
------------------------------------------------------------------------

-------------------------------------------------------------------------
        Source Categories \1\ Applicable in 2010 and Future Years
------------------------------------------------------------------------
Ferroalloy production (subpart K).
Glass production (subpart N).
Hydrogen production (subpart P).
Iron and steel production (subpart Q).
Lead production (subpart R).
Pulp and paper manufacturing (subpart AA).
Zinc production (subpart GG).
------------------------------------------------------------------------
  Additional Source Categories \1\ Applicable in 2011 and Future Years
                               (Reserved)
------------------------------------------------------------------------
Source categories aer defined in each applicable subpart.


  Table A-5 of Subpart A--Supplier Category List for Sec.   98.2(a)(4)
------------------------------------------------------------------------

-------------------------------------------------------------------------
       Supplier Categories \1\ Applicable in 2010 and Future Years
------------------------------------------------------------------------
Coal-to-liquids suppliers (subpart LL):
    (A) All producers of coal-to-liquid products.
    (B) Importers of an annual quantity of coal-to-liquid products that
     is equivalent to 25,000 metric tons CO2e or more.
    (C) Exports of an annual quantity of coal-to-liquid products that is
     equivalent to 25,000 metric tons CO2e or more.
Petroleum product suppliers (subpart MM):
    (A) All petroleum refineries that distill crude oil.
    (B) Importers of an annual quantity of petroleum products that is
     equivalent to 25,000 metric tons CO2e or more.
    (C) Exporters of an annual quantity of petroleum products that is
     equivalent to 25,000 metric tons CO2e or more.
Natural gas and natural gas liquids suppliers (subpart NN):
    (A) All fractionators.
    (B) All local natural gas distribution companies.
------------------------------------------------------------------------
       Supplier Categories \1\ Applicable in 2010 and Future Years
------------------------------------------------------------------------
Industrial greenhouse gas suppliers (subpart OO):
    (A) All producers of industrial greenhouse gases.
    (B) Importers of industrial greenhouse gases with annual bulk
     imports of N2O, fluorinated GHG, and CO2 that in combination are
     equivalent to 25,000 metric tons CO2e or more.
    (C) Exporters of industrial greenhouse gases with annual bulk
     exports of N2O, fluorinated GHG, and CO2 that in combination are
     equivalent to 25,000 metric tons CO2e or more.
Carbon dioxide suppliers (subpart PP):
    (A) All producers of CO2.
    (B) Importers of CO2 with annual bulk imports of N2O, fluorinated
     GHG, and CO2 that in combination are equivalent to 25,000 metric
     tons CO2e or more.

[[Page 12458]]


    (C) Exporters of CO2 with annual bulk exports of N2O, fluorinated
     GHG, and CO2 that in combination are equivalent to 25,000 metric
     tons CO2e or more.
------------------------------------------------------------------------
 Additional Supplier Categories Applicable \1\ in 2011 and Future Years
                               (Reserved)
------------------------------------------------------------------------
\1\ Suppliers are defined in each applicable subpart.

[FR Doc. 2010-5695 Filed 3-15-10; 8:45 am]
BILLING CODE 6560-50-P
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