Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Rules and Regulations 11585 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: February 5, 2013. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart RR—Tennessee 

■ 2. Section 52.2220(c) is amended by 

revising the entry in Table 1 for 

‘‘Section 1200–3–9.01’’ to read as 

follows: 

§ 52.2220(c). Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA APPROVED TENNESSEE REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA 

approval date Explanation 

*******

CHAPTER 1200–3–9 CONSTRUCTION AND OPERATING PERMITS 

1200–3–9-.01 ........... Definitions .............. 6/27/2011 2/19/2013 [Insert 

first page of publication].

On 2/19/2013 EPA revised this section to add 17 compounds to the list of compounds excluded from the definition of VOC that was state effective on 9/3/1999. 

EPA is approving Tennessee’s July 29, 2011, SIP revisions 

to Chapter 1200–3–9–.01 with the exception of the term 

‘‘particulate matter emissions’’ at 1200–03–09– 

.01(4)(b)47(vi) as part of the definition for ‘‘regulated NSR 

pollutant’’ regarding the inclusion of condensable emissions in applicability determinations and in establishing 

emissions limitations. 

EPA approved Tennessee’s May 28, 2009 SIP revisions to 

Chapter 1200–3–9–.01 with the exception of the ‘‘baseline 

actual emissions’’ calculation revision found at 1200–3–9– 

.01 (4)(b)45(i)(III), (4)(b)45(ii)(IV), (5)(b)1(xlvii)(I)(III) and 

(5)(b)1(xlvii)(II)(IV) of the submittal. 

* * * * * * * 

* * * * * 

[FR Doc. 2013–03606 Filed 2–15–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2011–0417; FRL–9780–3] 

RIN 2060–AR74 

Greenhouse Gas Reporting Rule: 

Revision to Best Available Monitoring 

Method Request Submission Deadline 

for Petroleum and Natural Gas 

Systems Source Category 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is taking direct final 

action to revise the deadline by which 

owners or operators of facilities subject 

to the petroleum and natural gas 

systems source category of the 

Greenhouse Gas Reporting Rule must 

submit requests for use of best available 

monitoring methods to the 

Administrator. This revision does not 

change any other requirements for 

owners or operators that are outlined in 

the best available monitoring method 

rule provisions. 

DATES: This rule is effective on April 22, 

2013 without further notice, unless the 

EPA receives adverse comment by 

March 21, 2013. If the EPA receives 

adverse comment by March 21, 2013, 

the EPA will publish a timely 

withdrawal notice in the Federal 

Register to inform the public that this 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by docket ID No. EPA–HQ– 

OAR–2011–0417 by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Email: GHG_Reporting_Rule_Oil_

And_Natural_Gas@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Mailcode 6102T, Attention Docket ID 

No. EPA–HQ–OAR–2011–0417, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460. 

• Hand/Courier 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–2011– 

0417. The 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 confidential 

business information (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 email. Send or 

deliver information identified as CBI to 

only the mail or hand/courier delivery 

address listed above, attention: Docket 

ID No. EPA–HQ–OAR–2011–0417. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 


sroberts on DSK5SPTVN1PROD with RULES
11586 Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Rules and Regulations 

going through http:// 

www.regulations.gov your email 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, the 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 the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the 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. 

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 

Building, 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 

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; email address: 

GHGReportingRule@epa.gov. For 

technical information, contact the 

Greenhouse Gas Reporting Rule Hotline 

at: http://www.epa.gov/ghgreporting/ 

reporters/index.html. To submit a 

question, select Rule Help Center, then 

select Contact Us. 

SUPPLEMENTARY INFORMATION: 

Why is the EPA using a direct final 

rule? 

The EPA is publishing this rule 

without a prior proposal because we 

view this as a noncontroversial action 

and anticipate no adverse comment. 

This change amends 40 CFR Part 98, 

§ 98.234(f)(8)(i), Timing of Request, to 

change the deadline for submitting best 

available monitoring method requests 

for future years. The rule has required 

that for reporting years after 2012, a new 

request to use best available monitoring 

methods must be submitted by 

September 30 of the year prior to the 

reporting year for which use of best 

available monitoring methods is sought. 

In this action, the EPA is revising the 

deadline from September 30 of the prior 

reporting year to June 30 of the prior 

reporting year. This revision does not 

alter the substantive requirements for 

entities regulated by the Greenhouse 

Gas Reporting Rule (40 CFR Part 98, 

hereinafter ‘‘Part 98’’), nor does it affect 

the final confidentiality determinations 

for Part 98 data that the EPA has made 

through rulemaking. However, in the 

‘‘Proposed Rules’’ section of today’s 

Federal Register, we are publishing a 

separate notice that will serve as the 

proposed rule for this amendment 

should the EPA receive adverse 

comment on this direct final rule. We 

will not 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 about commenting 

on this rule, see the ADDRESSES section 

of this document. 

If the EPA receives adverse comment, 

we will publish a timely withdrawal 

notice in the Federal Register to inform 

the public that this direct final rule will 

not take effect. In that case, we will 

address all public comments in any 

subsequent final rule based on the 

proposed rule. 

Does this action apply to me? 

The Administrator determined that 

this action is subject to the provisions 

of Clean Air Act (CAA) section 307(d). 

If finalized, these amended regulations 

could affect owners or operators of 

petroleum and natural gas systems. 

Regulated categories and entities may 

include those listed in Table 1 of this 

preamble: 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY

Source category NAICS Examples of affected 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. 

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. Although Table 1 of this 

preamble lists the types of facilities that 

could potentially be affected by this 

action, other types of facilities not listed 

in the table could also be affected. To 

determine whether you are affected by 

this action, you should carefully 

examine the applicability criteria found 

in 40 CFR part 98 Subpart A and 40 CFR 

part 98, subpart W. 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. 

Judicial Review 

Under CAA section 307(b)(1), judicial 

review of this final rule is available only 

by filing a petition for review in the U.S. 

Court of Appeals for the District of 

Columbia Circuit by April 22, 2013. 

Under CAA section 307(d)(7)(B), only 

an objection to this final rule that was 

raised with reasonable specificity 

during the period for public comment 

can be raised during judicial review. 

This section also provides a mechanism 

for us to convene a proceeding for 

reconsideration, ‘‘[i]f the person raising 

an objection can demonstrate to the EPA 

that it was impracticable to raise such 

objection within [the period for public 

comment], or if the grounds for such 

objection arose after the period for 

public comment (but within the time 

specified for judicial review) and if such 

objection is of central relevance to the 

outcome of this rule.’’ Any person 

seeking to make such a demonstration to 

us should submit a Petition for 

Reconsideration to the Office of the 

Administrator, Environmental 

Protection Agency, Room 3000, Ariel 

Rios Building, 1200 Pennsylvania Ave. 

NW., Washington, DC 20004, with a 

copy to the person listed in the 


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Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Rules and Regulations 11587 

preceding FOR FURTHER INFORMATION

CONTACT section, and the Associate 

General Counsel for the Air and 

Radiation Law Office, Office of General 

Counsel (Mail Code 2344A), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20004. Note, under CAA section 

307(b)(2), the requirements established 

by this final rule may not be challenged 

separately in any civil or criminal 

proceedings brought by the EPA to 

enforce these requirements. 

Acronyms and Abbreviations 

The following acronyms and 

abbreviations are used in this document. 

CAA Clean Air Act 

CBI confidential business information 

CFR Code of Federal Regulations 

EO Executive Order 

EPA U.S. Environmental Protection Agency 

FR Federal Register 

GHG greenhouse gas 

ICR information collection request 

NTTAA National Technology Transfer and 

Advancement Act 

OMB Office of Management and Budget 

QA/QC Quality Assurance/Quality Control 

RFA Regulatory Flexibility Act 

RIA Regulatory Impact Analysis 

SBA Small Business Administration 

SBREFA Small Business Regulatory 

Enforcement and Fairness Act 

U.S. United States 

UMRA Unfunded Mandates Reform Act of 

1995 

U.S.C. United States Code 

Organization of This Document. The 

information presented in this preamble 

is organized as follows: 

I. Background of Final Rule 

II. What is the Revision to 40 CFR 

98.234(f)(8)(i)? 

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 

D. Unfunded Mandates Reform Act 

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 Low-Income 

Populations 

K. Congressional Review Act 

I. Background of Final Rule 

On November 30, 2010 (75 FR 74459) 

the EPA finalized the Petroleum and 

Natural Gas Systems source category, 

Subpart W, of the Greenhouse Gas 

Reporting Rule. As part of that rule, the 

EPA finalized detailed provisions in 40 

CFR 98.234(f), allowing for owners or 

operators to use best available 

monitoring methods for specified 

parameters in 40 CFR 98.233 where 

additional time is needed to comply 

with the monitoring and quality 

assurance/quality control (QA/QC) 

requirements as outlined in the rule. In 

these cases, owners or operators are 

given the flexibility, upon approval, to 

estimate parameters for equations in 40 

CFR 98.233 by using either monitoring 

methods currently used by the facility 

that do not meet the specifications of a 

relevant Subpart, supplier data, 

engineering calculations, or other 

company records. 

Owners or operators desiring to use 

best available monitoring methods for 

reporting years 2012 and beyond are 

required to submit a request by 

September 30 of the year prior to the 

reporting year for which use of best 

available monitoring methods are being 

sought. 

II. What is the Revision to 40 CFR 

98.234(f)(8)(i)? 

This direct final rule amends one 

provision related to best available 

monitoring methods required in 40 CFR 

98.234(f)(8)(i). This action amends the 

date by which owners or operators must 

submit a request to use best available 

monitoring methods for future reporting 

years from September 30 to June 30 of 

each year prior to the reporting year for 

which use of best available monitoring 

methods is sought. This amendment 

does not change any other best available 

monitoring method requirements as 

outlined in 40 CFR 98.234(f). 

EPA currently has authority to review 

and finalize best available monitoring 

method request determinations during 

the reporting year in which the use of 

best available monitoring methods are 

sought. However, making this annual 

deadline earlier will create a more 

realistic schedule for processing best 

available monitoring method requests 

and will improve EPA’s ability to 

inform owners or operators of EPA’s 

final determination prior to the 

reporting year for which such methods 

are sought. For example, in 2012, the 

EPA received more requests than 

anticipated, many of which were quite 

technical in nature. Based on a review 

of those requests, the EPA has 

determined that, additional time is 

needed to carefully review requests it 

may receive in future years, and in cases 

where the EPA deems it necessary, to 

afford time to request further 

information or to clarify questions or 

concerns about the request. The 

September 30 deadline does not provide 

a realistic time period to sufficiently 

review and process the requests and 

notify all owners or operators of final 

determinations. 

The EPA anticipates that this 

amendment will have minimal adverse 

impact on owners or operators 

requesting to use best available 

monitoring methods. First, the EPA 

believes that the amendment will 

provide greater certainty to reporters as 

they plan for the future reporting year. 

Further, the EPA has streamlined the 

submittal process itself, thus reducing 

the burden with submitting best 

available monitoring method requests to 

the EPA. EPA has developed a web form 

in the electronic greenhouse gas 

reporting tool (eGGRT) that allows 

submitters to enter information 

according to rule requirements. After an 

initial request has been submitted, 

eGGRT stores the information in that 

request and the owner or operator can 

use the stored information as the basis 

for a new request in subsequent 

reporting years. 

Finally, some owners or operators 

might be concerned that they will have 

to submit a best available monitoring 

method request earlier in the year and 

that unforeseen circumstances could 

arise later on in the year. Because it will 

be the fourth year of implementation of 

Subpart W of the GHGRP, the EPA 

expects such a scenario to be highly 

unlikely. However, should such a 

scenario arise, the Agency does have 

authority to review a request received 

after the deadline. Thus, in cases of 

uncertainty, if the reporter anticipates 

the potential need for best available 

monitoring methods and the situation is 

unresolved at the time of the deadline, 

under 40 CFR 98.234(f)(1) owners or 

operators may elect to submit written 

notice of the potential situation by the 

June 30 deadline through the eGGRT 

system. 

As noted previously, the EPA 

anticipates that this amendment would 

result in greater certainty to reporters 

choosing to submit best available 

monitoring method requests to the EPA 

for use in future years. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 


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11588 Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Rules and Regulations 

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 

This action does not impose any new 

information collection burden. This 

amendment affects a provision in the 

rule related to the date of submission for 

best available monitoring method 

requests and does not affect what is 

submitted in those request or any 

associated burden with submitting those 

requests. However, the Office of 

Management and Budget (OMB) has 

previously approved the information 

collection requirements contained in the 

existing regulations, 40 CFR part 98, 

Subpart W (75 FR 74458), under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. and has 

assigned OMB control number 2060– 

0651. The OMB control numbers for the 

EPA’s regulations in 40 CFR are listed 

in 40 CFR part 9. 

C. Regulatory Flexibility Act 

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 this final 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 these rule amendments on 

small entities, I certify that this action 

will 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 analysis is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impacts of the rule 

on small entities.’’ 5 U.S.C. 603 and 604. 

Thus, an agency may certify that the 

rule will not have a significant 

economic impact on a substantial 

number of small entities if the rule 

relives regulatory burden, or otherwise 

has a positive economic effect on all of 

the small entities subject to the rule. 

EPA anticipates that this amendment 

would result in greater certainty to 

reporters choosing to submit best 

available monitoring method requests to 

the EPA for use in future years. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), 2 U.S.C. 

1531–1538, requires Federal agencies, 

unless otherwise prohibited by law, to 

assess the effects of their regulatory 

actions on State, local, and Tribal 

governments and the private sector. 

Federal agencies must also develop a 

plan to provide notice to small 

governments that might be significantly 

or uniquely affected by any regulatory 

requirements. The plan must enable 

officials of affected small governments 

to have meaningful and timely input in 

the development of the EPA regulatory 

proposals with significant Federal 

intergovernmental mandates and must 

inform, educate, and advise small 

governments on compliance with the 

regulatory requirements. 

This action does not contain a Federal 

mandate that may result in expenditures 

of $100 million or more for State, local, 

and tribal governments, in the aggregate, 

or the private sector in any one year. 

Thus, the amendments in this action are 

not subject to the requirements of 

section 202 and 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. 

E. Executive Order 13132: Federalism 

This action 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 

Executive Order 13132. 

This action applies to an optional 

provision in the final rule for Subpart 

W, which in turn applies to petroleum 

and natural gas facilities that emit 

greenhouse gases. Few, if any, State or 

local government facilities would be 

affected. This action also does not limit 

the power of States or localities to 

collect GHG data and/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 does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). Further, this action would not 

result in any changes to the current 

requirements of 40 CFR part 98 Subpart 

W and only applies to optional 

provisions in 40 CFR part 98 Subpart W. 

Thus, Executive Order 13175 does not 

apply to this action. 

Although Executive Order 13175 does 

not apply to this action, the EPA sought 

opportunities to provide information to 

Tribal governments and representatives 

during the development of the rule for 

Subpart W promulgated on November 

30, 2010. A summary of the EPA’s 

consultations with Tribal officials is 

provided in Sections VIII.E and VIII.F of 

the preamble to the 2009 final rule and 

Section IV.F of the preamble to the 2010 

final rule for Subpart W (75 FR 74485). 

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 does 

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 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 


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Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Rules and Regulations 11589 

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 is not 

considering 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. 

The EPA has determined that this 

action will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment because it is a rule 

addressing information collection and 

reporting procedures. 

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 (SBREFA), 

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. The EPA will submit a 

report containing this rule and the 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the U.S. 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 is effective on April 22, 2013 

without further notice, unless the EPA 

receives adverse comment by March 21, 

2013. If the EPA receives adverse 

comment by March 21, 2013, the EPA 

will publish a timely withdrawal notice 

in the Federal Register to inform the 

public that this rule will not take effect. 

List of Subjects in 40 CFR Part 98 

Environmental Protection, 

Administrative practice and procedures, 

Air pollution control, Greenhouse gases, 

Monitoring, Reporting and 

recordkeeping requirements. 

Dated: February 6, 2013. 

Lisa P. Jackson, 

Administrator. 

For the reasons discussed in the 

preamble, title 40, chapter I, of the Code 

of Federal Regulations is amended as 

follows: 

PART 98—MANDATORY 

GREENHOUSE GAS REPORTING 

■ 1. The authority citation for part 98 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart W—[Amended] 

■ 2. Section 98.234 is amended by 

revising paragraph (f)(8)(i) to read as 

follows: 

§ 98.234 Monitoring and QA/QC 

requirements. 

* * * * * 

(f) * * * 

(8) * * * 

(i) Timing of request. EPA does not 

anticipate a need for best available 

monitoring methods beyond 2011, but 

for all reporting years after 2011, best 

available monitoring methods will be 

considered for unique or unusual 

circumstances which include data 

collection methods that do not meet 

safety regulations, technical 

infeasibility, or counter to other local, 

State, or Federal regulations. For use of 

best available monitoring methods in 

2012, an initial notice of intent to 

request best available monitoring 

methods must be submitted by 

December 31, 2011. Any notice of intent 

submitted prior to April 22, 2013 cannot 

be used to meet this December 31, 2011 

deadline; a new notice of intent must be 

signed and submitted by the designated 

representative. In addition to the initial 

notification of intent, owners or 

operators must also submit an extension 

request containing the information 

specified in paragraph (f)(8)(ii) of this 

section by March 30, 2012. Any best 

available monitoring methods request 

submitted prior to April 22, 2013 cannot 

be used to meet the March 30, 2012 

deadline; a new best available 

monitoring methods request must be 

signed and submitted by the designated 

representative. Owners or operators that 

submit both a timely notice of intent 

and extension request consistent with 

paragraph (f)(8)(ii) of this section can 

automatically use best available 

monitoring method through June 30, 

2012, for the specific parameters 

identified in their notification of intent 

and best available monitoring methods 

request regardless of whether the best 

available monitoring methods request is 

ultimately approved. Owners or 

operators that submit a notice of intent 

but do not follow up with a best 

available monitoring methods request 

by March 30, 2012 cannot use best 

available monitoring methods in 2012. 

For 2012, when an owner or operator 

has submitted a notice of intent and a 

subsequent best available monitoring 

method extension request, use of best 

available monitoring methods will be 

valid, upon approval by the 

Administrator, until the date indicated 

in the approval or until December 31, 

2012, whichever is earlier. For reporting 

years after 2012, a new request to use 

best available monitoring methods must 

be submitted by June 30th of the year 

prior to the reporting year for which use 

of best available monitoring methods is 

sought. 

* * * * * 

[FR Doc. 2013–03469 Filed 2–15–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1990–0011; FRL–9780–6] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List: Deletion of the KerrMcGee Sewage Treatment Plant 

Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) Region 5 is 

publishing a direct final Notice of 

Deletion of the Kerr-McGee Sewage 

Treatment Plant Superfund Site (Site) 

located in West Chicago, Illinois, from 

the National Priorities List (NPL). The 

NPL, promulgated pursuant to Section 

105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix to the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final deletion is being published by EPA 

with the concurrence of the State of 

Illinois, through the Illinois 

Environmental Protection Agency 

(IEPA), because EPA has determined 


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