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[Federal Register: March 16, 2010 (Volume 75, Number 50)]
[Proposed Rules]               
[Page 12489-12491]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr10-18]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2008-0508; FRL-9127-5]
RIN 2060-AQ15

 
Mandatory Reporting of Greenhouse Gases: Minor Harmonizing 
Changes to the General Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing 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: Comments. Written comments must be received on or before April 
15, 2010.
    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

[[Page 12490]]

starting at 9 a.m., local time. EPA will provide further information 
about the hearing on its Web page if a hearing is requested.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0508, by mail to 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. Please 
include a total of two copies. Comments may also be submitted 
electronically or through hand delivery/courier by following the 
detailed instructions in the ADDRESSES section of the direct final rule 
located in the rules section of this Federal Register.

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: 

I. Why Is EPA Issuing This Proposed Rule?

    This document proposes to take action on the Mandatory Greenhouse 
Gas Reporting Rule (40 CFR part 98, subpart A.) We have published a 
direct final rule in the ``Rules and Regulations'' section of this 
Federal Register because we view this as a noncontroversial action and 
anticipate no adverse comment. We have explained our reasons for this 
action in the preamble to the direct final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the direct final rule and it will not take effect. We are not accepting 
comment on any other aspect of 40 CFR Part 98 other than comments on 
the specific changes explained in the direct final rule. We would 
address all relevant public comments in any subsequent final rule based 
on this proposed rule. 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.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

II. Does This Action Apply to Me?

    Regulated Entities. The proposed amendments to the Mandatory 
Greenhouse Gas Reporting Rule would 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 would 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.
Petroleum Refineries..........................          324110  Petroleum refineries.
Phosphoric Acid Production....................          325312  Phosphoric acid manufacturing facilities.
Pulp and Paper Manufacturing..................          322110  Pulp mills.

[[Page 12491]]


                                                        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 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 
regulated 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 
subject to reporting requirements. 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.

III. Statutory and Executive Order Reviews

    For a complete discussion of all of the administrative requirements 
applicable to this action, see the direct final rule in the Rules and 
Regulations section of this Federal Register.

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.
[FR Doc. 2010-5694 Filed 3-15-10; 8:45 am]
BILLING CODE 6560-50-P
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