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: Direct final rule.

SUMMARY: The EPA is taking direct final action to correct 

an erroneous reference in EPA’s procedures for handling 

data required under the Mandatory Greenhouse Gas Reporting 

Rule, which are provided in the Special Rules Governing 

Certain Information Obtained Under the Clean Air Act. This 

correction does 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.

Page 2 of 24

regulated under the Mandatory Greenhouse Gas Reporting Rule 

or the final confidentiality determinations that EPA has 

made for such data. 

DATES: This rule is effective on [INSERT THE DATE 45 DAYS 

AFTER THE DATE OF PUBLICATION OF THIS DIRECT FINAL RULE IN 

THE FEDERAL REGISTER] without further notice, unless the 

EPA receives adverse comment by [INSERT THE DATE 30 DAYS 

AFTER THE DATE OF PUBLICATION OF THIS DIRECT FINAL RULE IN 

THE FEDERAL REGISTER]. If we receive adverse comment by 

this date, we 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-2009-0924, by one of the following methods:

• Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the online 

instructions for submitting comments.

• E-mail: GHGReportingCBI@epa.gov.

• Fax: (202) 566-1741.

• Mail: 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.

• Hand 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. 
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 24

Instructions: Direct your comments to Docket ID No. 

EPA-HQ-OAR-2009-0924. 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 for which disclosure is 

restricted by statute. Do not submit information that you 

consider to be CBI or otherwise protected through 

http://www.regulations.gov or e-mail. The 

http://www.regulations.gov website is an “anonymous access” 

system, which means that 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 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 
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 24

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. For additional information about the 

EPA’s public docket, visit the EPA Docket Center homepage 

at http://www.epa.gov/epahome/dockets.htm.

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 at http://www.regulations.gov or in hard 

copy at the Air Docket office, EPA/DC, EPA West, 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; 
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 24

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:

Why is 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 simply 

revises one section of 40 CFR part 2, subpart B, to correct 

and clarify a reference. This correction does not alter the 

requirements for entities regulated by the Mandatory 

Greenhouse Gas Reporting Rule (40 CFR part 98, hereinafter 

“Part 98”), nor does it affect the final confidentiality 

determinations for Part 98 data that 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

correction should 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 
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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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 would address all public comments 

in any subsequent final rule based on the proposed rule. 

Submitting CBI. Do not submit CBI to the EPA through 

http://www.regulations.gov or by email. Clearly mark the 

part or all of the information that you claim to be CBI. 

For CBI information in a disk or CD ROM that you mail to 

the EPA, mark the outside of the disk or CD ROM as CBI and 

then identify electronically within the disk or CD ROM the 

specific information that is claimed as CBI. In addition to 

one complete version of the comment that includes 

information claimed as CBI, a copy of the comment that does 

not contain the information claimed as CBI must be 

submitted for inclusion in the public docket. Information 

marked as CBI will not be disclosed except in accordance 

with procedures set forth in 40 CFR part 2. 

Does this action apply to me? 
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 entities potentially affected by this final rule

include those listed in Table 1 of this preamble: 

Table 1. Examples of Affected Entities by Category

Category NAICS Examples of affected facilities

General 

Stationary Fuel 

Combustion 

Sources

Facilities operating boilers, 

process heaters, incinerators, 

turbines, and internal combustion 

engines:

211 Extractors of crude petroleum and 

natural gas. 

321 Manufacturers of lumber and wood 

products.

322 Pulp and paper mills.

325 Chemical manufacturers.

324 Petroleum refineries, and 

manufacturers of coal products.

316, 326, 

339

Manufacturers of rubber and 

miscellaneous plastic products.

331 Steel works, blast furnaces.

332 Electroplating, plating, polishing, 

anodizing, and coloring.

336 Manufacturers of motor vehicle 

parts and accessories.

221 Electric, gas, and sanitary 

services.

622 Health services.

611 Educational services.

Electricity 

Generation

221112 Fossil-fuel fired electric 

generating units, including units 

owned by Federal and municipal 

governments and units located in 

Indian Country.

Adipic Acid 

Production

325199 Adipic acid manufacturing 

facilities.

Aluminum 

Production

331312 Primary Aluminum production 

facilities.

Ammonia 

Manufacturing

325311 Anhydrous and aqueous ammonia 

manufacturing facilities.

Cement 

Production

327310 Portland Cement manufacturing 

plants.

Electronics 

Manufacturing

334111 Microcomputers manufacturing 

facilities.

334413 Semiconductor, photovoltaic (solidstate) device manufacturing 

facilities.
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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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Category NAICS Examples of affected 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.

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.
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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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Category NAICS Examples of affected 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.

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.
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

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.

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.
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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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Category NAICS Examples of affected facilities

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 

affected by this action. Other types of facilities not 

listed in the table could also be affected. 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. Background of Final Rule

II. What Is the Technical Correction to 40 CFR 2.301(d)?

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
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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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

K. Congressional Review Act.

I. Background of Final Rule

On May 26, 2011, the EPA published the Final 

Confidentiality Determinations for Data Required Under the 

Mandatory Greenhouse Gas Reporting Rule and Amendments to 

Special Rules Governing Certain Information Obtained Under 

the Clean Air Act (76 FR 30782). In that final rule, 

pursuant to CAA section 114(c), the EPA made 

confidentiality determinations for certain data elements in 

Part 98. The EPA made these determinations through 

rulemaking pursuant to CAA section 307(d). (See 76 FR 

30782: “The Administrator determined that this action is 

subject to the provisions of the Clean Air Act (CAA) 

section 307(d).”)

In addition, in the same notice, the EPA amended 40 

CFR 2.301 by adding a new subsection 2.301(d)that 

establishes specific procedures for the EPA’s handling of 

data collected under Part 98 in accordance with the EPA’s 

final confidentiality determinations for the data. (See 76 

FR 30782, 30784, 30815 (May 26, 2011); see also 75 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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39094, 39098, 39102-03 (July 7, 2010).) Subsection 2.301(d)

authorizes the EPA to release or withhold as confidential

data collected under Part 98 based on confidentiality 

determinations EPA makes through rulemaking without taking 

further procedural steps. 

II. What is the technical correction to 40 CFR 2.301(d)?

This direct final rule corrects a minor technical 

error in 40 CFR 2.301(d). Specifically, paragraph (d) 

erroneously cites the Administrative Procedure Act 

(hereinafter referred to as “APA”), 5 U.S.C. 553(c), 

instead of CAA section307(d), as the authority under which 

confidentiality determinations for Part 98 data are made. 

This action corrects the erroneous reference.1

It is clear from the preambles to both the proposed

and final confidentiality determinations rule and the 

accompanying amendment to 40 CFR 2.301 that the procedures 

established under 40 CFR 2.301(d) relate to confidentiality 

determinations made in that rule, which were made under CAA 

sections 114(c) and 307(d). The public comments on that 

rulemaking also indicated this understanding (see, e.g., 

comment EPA-HQ-OAR-2009-0924-0064.1, comment excerpt 6). 

However, 40 CFR 2.301(d) inadvertently cites 5 U.S.C. 

 

1 Paragraph (d) also references CAA section 114(c), which is correct.
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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553(c) instead of CAA 307(d) in its reference to the final 

confidentiality determination rule. While there appears 

to be no confusion due to this error, EPA believes that we 

should make this correction to avoid any potential for 

confusion in the future.

V. 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). 

B. Paperwork Reduction Act

The correction to 40 CFR part 2 does 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 
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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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 

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 correction to

the citation in 40 CFR part 2 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 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 
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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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 rule will not impose any new requirement on small 

entities that are not currently required by Part 98. The 

amendments to 40 CFR part 2 are administrative in nature. 

Therefore, this rule does 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 

imposes 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 

final 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.
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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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E. Executive Order 13132: Federalism

This change to 40 CFR part 2 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. 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 applies 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 does 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 correction. 

F. Executive Order 13175: Consultation and Coordination 

with Indian Tribal Governments
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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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This action is not expected to have Tribal 

implications, as specified in Executive Order 13175 (65 FR 

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

administrative in nature and does 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 

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 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 
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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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in nature and therefore do not have any adverse impacts on 

energy supply, distribution, or use.

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 change to 40 CFR part 2 is administrative in 

nature and does 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 
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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.

Page 20 of 24

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 the direct final action 

will not have disproportionately high and adverse human 

health or environmental effects on minority or low-income 

populations because the correction noted does 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 does not affect the level of 

protection provided to human health or the environment.

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, 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 
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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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and other required information to the U.S. Senate, the U.S. 

House of Representatives, and the Comptroller General of 

the U.S. prior to publication of the rule in the Federal 

Register. 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 will be effective [INSERT THE DATE 45 DAYS AFTER THE 

DATE OF PUBLICATION OF THIS DIRECT FINAL RULE IN THE 

FEDERAL REGISTER].

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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.”

d. In the second sentence of paragraph (d)(4) 

introductory text, revising the phrase “pursuant to section 
Page 24 of 24

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.

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.”