Page 1 of 18

EPA Acting Administrator Bob Perciasepe signed the 

following document on April 24, 2013, 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-2011-0417}.

6560.50

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0417; FRL- XXXX-X]

RIN XXXX

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: Final Rule. 

SUMMARY: The EPA is revising 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 as outlined in the best available monitoring method 

rule provisions. 
Page 2 of 18

This document is a prepublication version, signed by EPA 

Acting Administrator Bob Perciasepe on April 24, 2013. We 

have taken steps to ensure the accuracy of this version, 

but it is not the official version.

DATES: This final rule is effective on [INSERT THE DATE 30 DAYS AFTER THE 

DATE OF PUBLICATION OF THIS FINAL RULE IN THE FEDERAL REGISTER].

ADDRESSES: The EPA has established a docket for this action under Docket ID No. 

EPA-HQ-OAR-2011-0417. 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, is not placed on the Internet and is 

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 3334, 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 and implementation materials, please go to the Greenhouse Gas 

Reporting Rule Program website at http://www.epa.gov/ghgreporting/index.html. To 

submit a question, select Help Center. 

Worldwide Web (WWW). In addition to being available in the docket, an 

electronic copy of this final rule will also be available through the WWW. Following the 

Administrator's signature, a copy of this action will be posted on the EPA's Greenhouse 
Page 3 of 18

This document is a prepublication version, signed by EPA 

Acting Administrator Bob Perciasepe on April 24, 2013. We 

have taken steps to ensure the accuracy of this version, 

but it is not the official version.

Gas Reporting Program website at 

http://www.epa.gov/ghgreporting/reporters/notices/index.html.

SUPPLEMENTARY INFORMATION:

Regulated Entities. The Administrator determined that this action is subject to the 

provisions of Clean Air Act (CAA) section 307(d). See CAA section 307(d)(1)(V) (the 

provisions of section 307(d) apply to “such other actions as the Administrator may 

determine”). This final rule affects owners or operators of petroleum and natural gas 

systems. Regulated categories and affected entities may include those listed in Table 1 of 

this preamble:

Table 1. Examples of Affected Entities by Category

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 lists the types 

of facilities that the EPA is now aware could be potentially affected by the reporting 

requirements. 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 or the relevant criteria in the 

sections related to direct emitters of GHGs. 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 section 307(b)(1) of the CAA, judicial review of this final 

rule is available only by filing a petition for review in the U.S. Court of Appeals for the 
Page 4 of 18

This document is a prepublication version, signed by EPA 

Acting Administrator Bob Perciasepe on April 24, 2013. We 

have taken steps to ensure the accuracy of this version, 

but it is not the official version.

District of Columbia Circuit (the Court) by [INSERT THE DATE 60 DAYS AFTER 

THE DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL 

REGISTER]. 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. Section 307(d)(7)(B) of the CAA also provides a mechanism for 

the EPA to convene a proceeding for reconsideration, “[i]f the person raising an objection 

can demonstrate to 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 the 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 20460, with a copy to the person listed in the 

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
Page 5 of 18

This document is a prepublication version, signed by EPA 

Acting Administrator Bob Perciasepe on April 24, 2013. We 

have taken steps to ensure the accuracy of this version, 

but it is not the official version.

CFR Code of Federal Regulations

EPA U.S. Environmental Protection Agency

FR Federal Register

GHG greenhouse gas

GHGRP Greenhouse Gas Reporting Program

CO2e carbon dioxide equivalent

NAICS North American Industry Classification System

NTTAA National Technology Transfer and Advancement Act

OMB Office of Management and Budget

QA/QC quality assurance/quality control

RFA Regulatory Flexibility Act

U.S. United States

UMRA Unfunded Mandates Reform Act of 1995

WWW World Wide Web 

Organization of This Preamble. The following outline is provided to aid in locating 

information in this preamble. 

I. Background

A. Organization of this Preamble

B. Background on the Final Rule

C. Legal Authority

II. Final Amendments and Responses to Public Comments

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
Page 6 of 18

This document is a prepublication version, signed by EPA 

Acting Administrator Bob Perciasepe on April 24, 2013. We 

have taken steps to ensure the accuracy of this version, 

but it is not the official version.

J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority 

Populations and Low-Income Populations

K. Congressional Review Act

I. Background

A. Organization of this Preamble

This preamble consists of three sections. The first section provides background on 40 

CFR part 98, subpart W and describes the purpose and legal authority for this action. The 

second section of this preamble summarizes the revision made to the specific requirement 

in the petroleum and natural gas systems (subpart W) source category of 40 CFR part 98

and comments received. The third section of this preamble discusses the various statutory 

and executive order requirements applicable to this rulemaking. 

B. Background on the 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 supplier data, engineering calculations, other 

company records or monitoring methods currently used by the facility that do not meet 

the specifications of subpart W.
Page 7 of 18

This document is a prepublication version, signed by EPA 

Acting Administrator Bob Perciasepe on April 24, 2013. We 

have taken steps to ensure the accuracy of this version, 

but it is not the official version.

On February 19, 2013, the EPA published a direct final rule (78 FR 11585) and a 

parallel proposal (78 FR 11619) to amend the deadline for submitting best available 

monitoring method requests to the Administrator from September 30 to June 30 of the 

year prior to the reporting year for which use of BAMM is sought. In those actions, the 

EPA stated that if an adverse comment were received, a timely withdrawal notice would 

be published in the Federal Register informing the public that the direct final rule would 

not take effect and that the EPA would address comments in any subsequent final rule 

based on the parallel proposal. On April 2, 2013, the direct final rule was withdrawn (78 

FR 19605) due to potentially adverse comment received on the direct final rule. Based on 

the comments received, EPA is finalizing the amendment as proposed. Responses to 

comments received are addressed below and can be found in the document, “Response to 

Comments: Greenhouse Gas Reporting Rule: Revision to Best Available Monitoring 

Method Request Submission Deadline for Petroleum and Natural Gas Systems Source 

Category” (see EPA-HQ-OAR-2011-0417).

C. Legal Authority

The EPA is promulgating this rule amendment under its existing CAA authority, 

specifically authorities provided in CAA section 114. As stated in the preamble to the 

2009 final rule (74 FR 56260, October 30, 2009) and the Response to Comments on the 

April 10, 2009 initial proposed rule,1 Volume 9, Legal Issues, CAA section 114 provides 

the EPA broad authority to require the information proposed to be gathered by this rule 

because such data would inform and are relevant to the EPA’s carrying out a wide variety 

of CAA provisions. As discussed in the preamble to the initial proposed rule (74 FR 

 

1 See http://www.epa.gov/climatechange/emissions/responses.html
Page 8 of 18

This document is a prepublication version, signed by EPA 

Acting Administrator Bob Perciasepe on April 24, 2013. We 

have taken steps to ensure the accuracy of this version, 

but it is not the official version.

16448, April 10, 2009), CAA section 114(a)(1) authorizes the Administrator to require 

emissions sources, persons subject to the CAA, manufacturers of control or process 

equipment, or persons who the Administrator believes may have necessary information to 

monitor and report emissions and provide such other information the Administrator 

requests for the purposes of carrying out any provision of the CAA. For further 

information about the EPA’s legal authority, see the preambles to the 2009 proposed and 

final rules and EPA’s Response to Comments, Volume 9.

II. Final Amendments and Responses to Public Comments

In this action, the EPA is finalizing the amendment to the deadline for submitting 

Subpart W best available monitoring method requests to the Administrator from 

September 30 to June 30 of the year prior to the reporting year for which use of BAMM 

is sought . Specifically, the EPA is revising the last sentence in 40 CFR 98.234(f)(8)(i) to 

replace the date “September 30” with the date “June 30” so that the sentence now reads 

“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.” The EPA is not finalizing any other 

amendments to provisions related to best available monitoring methods or other parts of 

subpart W in this action. 

After evaluation of comments received, the EPA has determined that the 

amendment to the rule should become final as proposed. A brief summary of comments 

received and our responses are provided below. The EPA’s responses to all comments 

can be found in the document “Response to Comments: Greenhouse Gas Reporting Rule: 
Page 9 of 18

This document is a prepublication version, signed by EPA 

Acting Administrator Bob Perciasepe on April 24, 2013. We 

have taken steps to ensure the accuracy of this version, 

but it is not the official version.

Revision to Best Available Monitoring Method Request Submission Deadline for 

Petroleum and Natural Gas Systems Source Category” (see EPA-HQ-OAR-2011-0417).

One commenter stated that the EPA should not implement the direct final action. 

This commenter did not explicitly state why the action should not be implemented, nor 

did the commenter state any specific concerns with the amendment. Without any further 

information why the amendment should not be implemented, the EPA is maintaining its 

position that the amendment to the rule as proposed should become final. The EPA 

continues to conclude that this amendment would have minimal adverse impact on 

owners or operators requesting to use best available monitoring methods in future years. 

As stated in the direct final rule and associated co-proposal, the EPA believes that this 

amendment will provide additional certainty to reporters prior to the upcoming reporting 

year for which the use of best available monitoring methods are sought. Additionally, 

finalizing this amendment results in a more appropriate time frame for comprehensively 

reviewing and processing submitted requests and allowing the EPA to notify all owners 

and operators of final determinations in a timely manner.

The EPA also received a comment that is beyond the scope of this rulemaking as 

explained in the Response to Comments document.

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, October 4, 1993) and is therefore not subject to review under 

Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011). 
Page 10 of 18

This document is a prepublication version, signed by EPA 

Acting Administrator Bob Perciasepe on April 24, 2013. We 

have taken steps to ensure the accuracy of this version, 

but it is not the official version.

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 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. 
Page 11 of 18

This document is a prepublication version, signed by EPA 

Acting Administrator Bob Perciasepe on April 24, 2013. We 

have taken steps to ensure the accuracy of this version, 

but it is not the official version.

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. 

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.

D. Unfunded Mandates Reform Act

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, 

and tribal governments or the private sector. This action imposes no enforceable duty on 

any State, local or tribal governments or the private sector. Thus, the amendments in this 

action are not subject to the requirements of section 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. 

E. Executive Order 13132: Federalism
Page 12 of 18

This document is a prepublication version, signed by EPA 

Acting Administrator Bob Perciasepe on April 24, 2013. We 

have taken steps to ensure the accuracy of this version, 

but it is not the official version.

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).
Page 13 of 18

This document is a prepublication version, signed by EPA 

Acting Administrator Bob Perciasepe on April 24, 2013. We 

have taken steps to ensure the accuracy of this version, 

but it is not the official version.

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 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 action does not involve technical standards. Therefore, the EPA is not 

considering the use of any voluntary consensus standards.
Page 14 of 18

This document is a prepublication version, signed by EPA 

Acting Administrator Bob Perciasepe on April 24, 2013. We 

have taken steps to ensure the accuracy of this version, 

but it is not the official version.

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 At, 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 
Page 15 of 18

This document is a prepublication version, signed by EPA 

Acting Administrator Bob Perciasepe on April 24, 2013. We 

have taken steps to ensure the accuracy of this version, 

but it is not the official version.

U.S.C. 804(2). This rule is effective on [INSERT THE DATE 30 DAYS AFTER THE 

DATE OF PUBLICATION OF THIS FINAL RULE IN THE FEDERAL REGISTER]. 
Greenhouse Gas Reporting Rule: Revision to Best Available Monitoring Method 

Request Submission Deadline for Petroleum and Natural Gas Systems Source 

Category

Page 16 of 18

List of Subjects in 40 CFR Part 98

Environmental Protection, Administrative practice and procedures, Air pollution 

control, Greenhouse gases, Monitoring, Reporting and recordkeeping requirements. 

Date:

Bob Perciasepe, 

Acting Administrator.
Greenhouse Gas Reporting Rule: Revision to Best Available Monitoring Method 

Request Submission Deadline for Petroleum and Natural Gas Systems Source 

Category

Page 17 of 18

For the reasons discussed in the preamble, title 40, chapter I, of the Code of 

Federal Regulations is amended as follows:

PART 98-[AMENDED]

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 the effective date of this rule 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 98.234(f)(8)(ii) 
Page 18 of 18

This document is a prepublication version, signed by EPA 

Acting Administrator Bob Perciasepe on April 24, 2013. We 

have taken steps to ensure the accuracy of this version, 

but it is not the official version.

by March 30, 2012. Any best available monitoring methods request submitted prior to the 

effective date of this rule 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 98.234(f)(8)(ii) 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.

* * * * *