EPA Administr ator Lisa P. Jackson signed the following document on October 11, 2011, 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 officia l 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

- 2009

- 0924 }

**6560.50**
**ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part**  **2**
**[ EPA**  **- HQ**  **- OAR**  **- 2009**  **- 0924**  **; FRL**  **- XXXX**  **] RIN**  **2060 -**  **XXXX Special Rules Governing Certain Information Obtained Under**  **the Clean Air Act: Technical Correction**  **AGENCY:** Environmental Protection Agency (EPA).
**ACTION:** Proposed rule

. **SUMMARY** : The EPA is proposing to correct an erroneous reference in EPA’s procedures for handling data collected under the Mandatory Greenhouse Gas Reporting Rule , which are provided in the S pecial R ules G overning C ertain

I nformation O btained under the Clean Air Act. The proposed correction would no t change any requirements for entitiesThis document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on October 11, 2011. We have taken steps to ensure the accuracy of this version, but it is not the official version. Page 2 of 19
regulated under the Mandatory Greenhouse Gas Reporting Rule or the final confidentiality determinations EPA has made for such data

. In the “ R ules and Regulations” section of this Federal Register, we are making th is correction as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.
**DATES:** Written comments must be received on or before [ INSERT THE DATE 30 DAYS AFTER THE DATE OF PUBLICATION OF
THIS PROPOSED RULE IN THE FEDERAL REGISTER ].
**ADDRESSES:** Submit your comments, identified by Docket ID
No. EPA

- HQ

- OAR

- 2009

- 0924 , by mail to Environmental Protection Agency, EPA Docket Center (EPA/DC), Mailcode 6102T, Attention Docket ID No. EPA

- HQ

- OAR

- 2009

- 0924 , 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.,This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on October 11, 2011. We have taken steps to ensure the accuracy of this version, but it is not the official version. Page 3 of 19
NW, Washington, DC 20460; telephone number: (202) 343

- 9263 ; fax number: (202) 343

- 2342 ; email address: GHGReportingRule@epa.gov

. For technical information and implementation materials, please go to the website http://www.epa.gov/climatechange/ emissions/gh grulemaking.ht ml . To submit a question, select Rule Help Center, then select Contact Us.
**SUPPLEMENTARY INFORMATION: I. Why is EPA issuing this proposed rule?**  This document proposes to correct an erroneous reference in special rules governing certain inf ormation obtained under the Clean Air Act (40 CFR part 2, subpart B). We have published a direct final rule making this correction in the “Rules and Regulations” section of this Federal Register because we view this as a noncontroversial action and anticip ate 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 the EPA receive s adverse comment, we will withdraw th e direct final rule and it will not take effect

. W e w ould address all publicThis document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on October 11, 2011. We have taken steps to ensure the accuracy of this version, but it is not the official version. Page 4 of 19
comments in any subsequent final rule based on this
propos ed rule

. We do not intend to institute a second comment period on this action. Any parties interested in commenting m ust do so by the comment deadline listed in the **DATES** section of this document

. For further information, please see the information provided in the **ADDRESSES** section of this document. **II. Does this Action Apply to Me?** Regulated Entities

. E ntities potent ially affected by this proposed action 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.This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on October 11, 2011. We have taken steps to ensure the accuracy of this version, but it is not the official version. Page 5 of 19

**Category NAICS**  **Examples of affected facilities** 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. Electronics Manufacturing 334111 Microcomputers manufacturing facilities. 334413 Semiconductor, photovoltaic (solid

state) device manufacturing facilities. 334419 LCD unit screens manufacturing facilities. MEMS manufacturing facilities. Ferroalloy Production 331112 Ferroalloys manufacturing facilities. Fluorinated Gas Production 325120 Industrial gases 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.This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on October 11, 2011. We have taken steps to ensure the accuracy of this version, but it is not the official version. Page 6 of 19

**Category NAICS**  **Examples of affected facilities** 331492 Secondary lead smelting and refining facilities. Lime Manufacturing 327410 Calcium oxide, calcium hydroxide, dolomitic hydrates manufacturing facilities. Magnesium Production 331419 Primary refiners of nonferrous metals by electrolytic methods. 331492 Secondary magnesium processing plants. Nitric Acid Production 325311 Nitric acid manufacturing 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. 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. 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. Electrical Transmission and Distribution Equipment Use 221121 Electric bulk power transmission and control facilities.

Titanium Dioxide Production 325188 Titanium dioxide manufacturing facilities.This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on October 11, 2011. We have taken steps to ensure the accuracy of this version, but it is not the official version. Page 7 of 19

**Category NAICS**  **Examples of affected facilities** Underground Coal Mines 212113 Underground anthracite coal mining operations. 212112 Underground bituminous coal mining operations. 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. 221320 Sewage treatment facilities. Industrial Wastewater Treatment 3 22110 Pulp mills. 322121 Paper mills. 322122 Newsprint mills. 322130 Paperboard mills. 311611 Meat processing facilities. 311411 Frozen fruit, juice, and vegetable manufacturing facilities. 311421 Fruit and vegetable canning facilities. 325193 Ethanol manufacturing facilities. 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 G reenhouse Gases 325120 Industrial gas manufacturing facilities. Suppliers of Carbon Dioxide ( CO 2 ) 325120 Industrial gas manufacturing facilities. Importers and Exporters of Fluorinated Greenhouse Gases in Pre

- charged Equipment or Closed

- Cell Foams 423730 Air

- conditioning equipment (except room units) merchant wholesalers. 333415 Air

- conditioning equipment (except motor vehicle) manufacturing. 336391 Motor vehicle air

- conditioning manufacturing. 423620 Air

- conditioners, room, merchant wholesalers. 443111 Household appliance stores.This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on October 11, 2011. We have taken steps to ensure the accuracy of this version, but it is not the official version. Page 8 of 19

**Category NAICS**  **Examples of affected facilities** 423730 Automotive air

- conditioners merchant wholesalers. 326150 Polyurethane foam products manufacturing. 335313 Circuit breakers, power, manufacturing. 423610 Circuit breakers merchant wholesalers. G eologic Sequestration of Carbon Dioxide N/A CO 2 geologic sequestration projects

.

Electrical Equipment Manufacture or Refurbishment 33531 Power transmission and distribution switchgear and specialty transformers manufacturing facilities. Industrial Waste Landfills 562212 Solid waste landfills. 221320 Sewage treatment facilities. 322110 Pulp mills. 322121 Paper mills. 322122 Newsprint mills. 322130 Paperboard mills. 311611 Meat processing facilities. 311411 Frozen fruit, juice, and vegetable manufacturing facilities. 311421 Fruit and vegetable canning facilities. Injection of C arbon Dioxide 211 Oil and gas extraction projects using CO 2 enhanced oil and gas recovery. 211111 or 211112 Projects that inject acid gas containing CO 2 underground.
T able 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 and 40 CFR part 98. T able 1 of this preamble lists the types of facilities that the EPA is now aware could be potentially af fected by this action

. Other types of facilities not listed in the table could also be affected.This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on October 11, 2011. We have taken steps to ensure the accuracy of this version, but it is not the official version. Page 9 of 19
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 , an d 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

. **T able of**  **C ontents** 
I
. **Why Is EPA Issuing this Pro posed R**  **ule? II. Does this Action Apply to Me?**  **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 (RFA) D. Unfunded Mandates Reform Act (UMRA) 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 Environm ental Justice in Minority Populations and Low

Income Populations

.

**III .**  **Statutory and Executive Order Reviews**

A
. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory ReviewThis document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on October 11, 2011. We have taken steps to ensure the accuracy of this version, but it is not the official version. Page 10 of 19

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 The co rrection to 40 CFR part 2 would not impose any information collection burden.
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 requi rements 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 organization s, and small governmental jurisdictions. For purposes of assessing the impacts of the amendments 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 smal l governmental jurisdiction that is a government of a city, county, town, school district or special district with a population ofThis document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on October 11, 2011. We have taken steps to ensure the accuracy of this version, but it is not the official version. Page 11 of 19
less than 50,000; and (3) a small organization that is any
not

- for

- profit enterprise which is independently owned and operate d and is not dominant in its field. After considering the economic impacts of today’s proposed correction to the citation in 40 CFR part 2 on small entities, I certify that this action would 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 flex ibility analyses is to identify and address regulatory alternatives “which minimize any significant economic impact of the rule on small entities.” 5 USC 603 and 604. Thus, an agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, or otherwise has a positive economic effect on all of the small entities subject to the rule. This proposed rule would not impose any new requirement on small entities that are not currently required by Part 98. The amendment to 40 CFR part 2 isThis document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on October 11, 2011. We have taken steps to ensure the accuracy of this version, but it is not the official version. Page 12 of 19
administrative in nature Therefore, this rule would not have a significant economic impact on a substantial number of small entities.

D
. Unfunded Mandates Reform Act (UMRA) This action contains no f ederal mandates under the provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531

- 1538 for s tate, local, or tribal governments or the private sector

. The action would impose no enforceable duty on any s tate, 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 correction in this proposed rule re vises a citation reference in one section of 40 CFR part 2, s ubpart B to confirm the original intention of the reference by correcting the c itation to statutory authority

. E
. Executive Order 13132: Federalism Th is proposed change to 40 CFR part 2 would not have federalism implications. It would not have substantial direct effects on the s tates, on the relationship betweenThis document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on October 11, 2011. We have taken steps to ensure the accuracy of this version, but it is not the official version. Page 13 of 19
the national governm ent and the s tates, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. However, for a more detailed discussion about how Part 98 relates to existing s tate programs, please see Section II of the preamble to the final Part 98 rule (74 FR 56266). The correction to 40 CFR part 2 is administrative in nature and would appl y to data reported under Part 98 by facilities that directly emit GHGs or supply fuel or chemicals that may emit GHGs when used. Part 98 does not apply to governmental entities unless the government entity owns a facility that directly emit GHGs above threshold levels such as large stationary combustion sources or landfills, so relatively few government facilities would be affected. The change to 40 CFR part 2 also would not limit the power of s tates or local governments to collect GHG data or regulate GHG emissions. Thus, Executive Order 13132 does not apply to this action.

F
. Executive Order 13175: Consultation and Co ordination with Indian Tribal Governments This action is not expected to have Tribal implications, as specified in Executive Order 13175 (65 FRThis document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on October 11, 2011. We have taken steps to ensure the accuracy of this version, but it is not the official version. Page 14 of 19

67249, November 9, 2000), because this action is administrative in nature and would not impose any new requireme nts on Tribes. Thus, Executive Order 13175 does not apply to this action.
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 would 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 This action is not a “ significant energy action ” as defined in Ex ecutive Order 13211 (66 FR 28355 , May 22, 2001 ), because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The amendments to 40 CFR part 2 are administrative in nature and therefore would not have any adve rse impacts on energy supply, distribution, or use.This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on October 11, 2011. We have taken steps to ensure the accuracy of this version, but it is not the official version. Page 15 of 19

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 the 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, s ampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies

. NTTAA directs the EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards

. Th is proposed change to 40 CFR part 2 is administrative in nature and would not involve technical standards

. Therefore, the 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

E xecutive O rder 12898 (59 FR 7629, February 16, 1994) establishes f ederal executive policy on environmental justice

. Its main provision directs f ederal agencies, toThis document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on October 11, 2011. We have taken steps to ensure the accuracy of this version, but it is not the official version. Page 16 of 19
the g reatest 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

a ctivities on minority populations and low

- income populations in the U nited S tates. The EPA has determined that th e proposed action would not have disproportionately high and adverse human health or environmental effects on minority or low

- income populati ons because the correction noted would not affect the level of protection provided to human health or the environment

. The change to 40 CFR part 2 is administrative in nature and therefore would not affect the level of protection provided to human health o r the environment.Amendments to Spe cial Rules Governing Certain Information Obtained Under the Clean Air Act Page 18 of 19 For the reasons stated in the preamble, title 40, chapter I, of the Code of Federal Regulations is amended as follows: **PART 2 —**  **[AMENDED]** 1. The authority citation for part 2 continues to read as follows: **Authority:** 5 U.S.C. 301, 552 (as amended), 553; sec. 114, Clean Air Act (as amende d) (42 U.S.C. 7414)

. **Subpart B —**  **[Amended]** 2. Section 2.301 is amended by : a. In paragraph (d)(1) introdu ctory text, revising the phrase “pursuant to section 114(c) of the Clean Air Act and 5 U.S.C. 553(c)” to read “pursuant to sections 114(c) and 307(d) of the Clean Air Act.” b. In the first sentence of paragraph (d)(2), revising the phrase “pursuant to sec tion 114(c) of the Clean Air Act and 5 U.S.C. 553(c)” to read “pursuant to sections 114(c) and 307(d) of the Clean Air Act.” c. In the first sentence of paragraph (d)(3), revising the phrase “pursuant to section 114(c) of the Clean Air Act and 5 U.S.C. 55 3(c)” to read “pursuant to sections 114(c) and 307(d) of the Clean Air Act.”This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on October 11, 2011. We have taken steps to ensure the accuracy of this version, but it is not the official version. Page 19 of 19
d. In the second sentence of paragraph (d)(4) introductory text, revising the phrase “pursuant to section 114(c) of the Clean Air Act and 5 U.S.C. 553(c)” to read “pursuant to se ctions 114(c) and 307(d) of the Clean Air
Act.”. e. In paragraph (d)(4)(i), revising the phrase “pursuant to section 114(c) of the Clean Air Act and 5 U.S.C. 553(c)” to read “pursuant to sections 114(c) and 307(d) of the Clean Air Act.”