EPA Administrator 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 official version. Please refer to the official version in a 

forthcoming FR publication, which will appear on the Government 

Printing Office's FDSys website 

(http://fdsys.gpo.gov/fdsys/search/home.action). {It will also 

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

No. EPA-HQ-OAR-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 Special Rules Governing Certain 

Information Obtained under the Clean Air Act. The proposed 

correction would not change any requirements for entities 
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.

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regulated under the Mandatory Greenhouse Gas Reporting Rule

or the final confidentiality determinations EPA has made 

for such data. In the “Rules and Regulations” section of 

this Federal Register, we are making this 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.

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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/ghgrulemaking.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 information 

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 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 the EPA receives

adverse comment, we will withdraw the direct final rule and 

it will not take effect. We would address all public 
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 4 of 19

comments in any subsequent final rule based on this 

proposed rule.

We do not intend to institute a second comment period 

on this action. Any parties interested in commenting must 

do so by the comment deadline listed in the DATES section 

of this document. For further information, please see the 

information provided in the ADDRESSES section of this 

document.

II. Does this Action Apply to Me?

Regulated Entities. Entities potentially 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.

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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 (solidstate) 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.

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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.

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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

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.

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 

Greenhouse Gases

325120 Industrial gas manufacturing 

facilities.

Suppliers of 

Carbon Dioxide 

(CO2)

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.

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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.

Geologic 

Sequestration of 

Carbon Dioxide

N/A CO2 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 

Carbon Dioxide

211 Oil and gas extraction projects 

using CO2 enhanced oil and gas 

recovery.

211111 or 

211112

Projects that inject acid gas 

containing CO2 underground.

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

and 40 CFR part 98. Table 1 of this preamble lists the 

types of facilities that the EPA is now aware could be 

potentially affected 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.

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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. 

Table of Contents

I. Why Is EPA Issuing this Proposed Rule?

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 

Environmental Justice in Minority Populations and LowIncome Populations.

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory Planning and Review

and Executive Order 13563: Improving Regulation and 

Regulatory Review
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.

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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 correction 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 requirements under the 

Administrative Procedure Act or any other statute unless 

the agency certifies that the rule will not have a 

significant economic impact on a substantial number of 

small entities. Small entities include small businesses, 

small organizations, and small governmental jurisdictions. 

For purposes of assessing the impacts of 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 small governmental 

jurisdiction that is a government of a city, county, town, 

school district or special district with a population of 
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.

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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 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 flexibility 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 is
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.

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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 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 would 

impose 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 correction in this 

proposed rule revises a citation reference in one section 

of 40 CFR part 2, subpart B to confirm the original 

intention of the reference by correcting the citation to 

statutory authority.

E. Executive Order 13132: Federalism

This proposed change to 40 CFR part 2 would not have 

federalism implications. It would not have substantial 

direct effects on the states, on the relationship between 
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.

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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. However, for a more detailed discussion about 

how Part 98 relates to existing state 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 apply 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 states 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 Coordination 

with Indian Tribal Governments

This action is not expected to have Tribal 

implications, as specified in Executive Order 13175 (65 FR 
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.

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67249, November 9, 2000), because this action is 

administrative in nature and would not impose any new 

requirements 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 Executive 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 adverse 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.

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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, sampling 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. 

This 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 LowIncome Populations

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

establishes federal executive policy on environmental 

justice. Its main provision directs federal agencies, to 
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 16 of 19

the greatest extent practicable and permitted by law, to 

make environmental justice part of their mission by 

identifying and addressing, as appropriate, 

disproportionately high and adverse human health or 

environmental effects of their programs, policies, and 

activities on minority populations and low-income 

populations in the United States. 

The EPA has determined that the proposed action would

not have disproportionately high and adverse human health 

or environmental effects on minority or low-income 

populations 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 or the environment.

Amendments to Special 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 amended) (42 U.S.C. 7414).

Subpart B—[Amended]

2. Section 2.301 is amended by:

a. In paragraph (d)(1) 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 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 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.”

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. 553(c)” to read “pursuant to 

sections 114(c) and 307(d) of the Clean Air Act.”
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October 11, 2011. We have taken steps to ensure the accuracy of this version, but it is not the 

official version.

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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 sections 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.”