Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Rules and Regulations 12451 

Subpart I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(c) is amended under Regulation No. 

1146 by removing the entry for Table II 

and adding the entry for Table 5–1 to 

read as follows: 

§ 52.420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE DELAWARE SIP 

State citation Title/subject State effective 

date EPA approval date Additional explanation 

* * * * * * * 

Regulation No. 1146 Electric Generating Unit (EGU) Multi-Pollutant Regulation NO 

* * * * * * * 

Table 5–1 (Formerly Table II) Annual SO2 Mass Emissions 

Limit.

9/11/08 

10/10/09 

March 16, 2010 [Insert page 

number where the document begins].

Modified emissions limit for 

Conectiv Edge Moor Unit 5. 

* * * * * * * 

* * * * * 

[FR Doc. 2010–5581 Filed 3–15–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2008–0508; FRL–9127–6] 

RIN 2060–AQ15 

Mandatory Reporting of Greenhouse 

Gases: Minor Harmonizing Changes to 

the General Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to amend the general provisions 

for the Mandatory Greenhouse Gas 

(GHG) Reporting Rule. The amendments 

do not change the requirements of the 

regulation for facilities and suppliers 

covered by the 2009 final rule. Rather, 

the amendments are minor changes to 

the format of several sections of the 

general provisions to accommodate the 

addition of new subparts in the future 

in a simple and clear manner. These 

changes include updating the language 

for the schedule for submitting reports 

and calibrating equipment to recognize 

that subparts that may be added in the 

future would have later deadlines. 

These revisions do not change the 

requirements for subparts included in 

the 2009 final rule. 

DATES: This direct final rule is effective 

May 17, 2010 without further notice, 

unless EPA receives adverse comments 

by April 15, 2010, or by April 30, 2010 

if a public hearing is held (see below). 

If we receive adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this rule, or the relevant section of 

this rule, will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2008–0508, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• E-mail: a-and-r-Docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Mailcode 6102T, Attention Docket ID 

No. EPA–HQ–OAR–2008–0508, 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. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2008– 

0508. 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 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 e-mail. The 

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

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

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, 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 EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, 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 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 in http:// 

www.regulations.gov or in hard copy at 

the Air Docket, 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 


emcdonald on DSK2BSOYB1PROD with RULES
12452 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Rules and Regulations 

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; e-mail address: 

GHGReportingRule@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA is 

publishing this rule without prior 

proposal because we view this as a 

noncontroversial action and anticipate 

no adverse comment. These 

amendments simply reformat parts of 

one section of subpart A and make other 

harmonizing changes to allow 

additional subparts to be added in the 

future in a clear manner. These 

revisions do not alter the requirements 

for sources covered by the final rule. 

Any additional subparts will be added 

in separate rulemakings and are not 

included in this rule. However, in the 

‘‘Proposed Rules’’ section of this Federal 

Register, we are publishing a separate 

document that will serve as the 

proposed rule for these amendments if 

adverse comments are received on this 

direct final rule. If EPA receives adverse 

comment on all or a distinct portion of 

this direct final rule, we will publish a 

timely withdrawal in the Federal 

Register to inform the public that the 

direct final rule or some portion of the 

direct final rule will not take effect. EPA 

will not consider a comment to be 

adverse if a comment pertains to an 

aspect of 40 CFR part 98 that is not 

addressed in this direct final rule. 

The rule provisions that are not 

withdrawn will become effective on the 

date set out above, notwithstanding 

adverse comment on any other 

provision, unless we determine that it 

would not be appropriate to promulgate 

those provisions due to their being 

affected by the provision for which we 

receive adverse comments. We would 

address all public comments in any 

subsequent final rule based on the 

proposed rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

on the specific changes being made in 

this rule must do so at this time. For 

further information about commenting 

on this rule, see the ADDRESSES section 

of this document. 

Submitting CBI. Do not submit this 

information to EPA through 

www.regulations.gov or e-mail. 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 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 so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

Regulated Entities. The amendments 

to the Mandatory Greenhouse Gas 

Reporting Rule affect owners and 

operators of fuel and chemicals 

suppliers and direct emitters of GHGs 

who are already subject to the rule. 

Regulated categories and entities 

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. 

Ferroalloy Production .............................. 331112 Ferroalloys 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 Production ....................................... 327410 Calcium oxide, calcium hydroxide, dolomitic hydrates manufacturing facilities. 

Nitric Acid Production .............................. 325311 Nitric acid manufacturing facilities. 

Petrochemical Production ........................ 32511 Ethylene dichloride manufacturing facilities. 

325199 Acrylonitrile, ethylene oxide, methanol manufacturing facilities. 

325110 Ethylene manufacturing facilities. 

325182 Carbon black manufacturing facilities. 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Rules and Regulations 12453 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY—Continued 

Category NAICS Examples of affected 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. 

Titanium Dioxide Production ................... 325188 Titanium dioxide manufacturing facilities. 

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. 

Manure Management 1 ............................ 112111 Beef cattle feedlots. 

112120 Dairy cattle and milk production facilities. 

112210 Hog and pig farms. 

112310 Chicken egg production facilities. 

112330 Turkey production. 

112320 Broilers and other meat type chicken production. 

Suppliers of Coal Based Liquids Fuels ... 211111 Coal liquefaction at mine sites. 

Suppliers of Petroleum Products ............. 324110 Petroleum refineries. 

Suppliers of Natural Gas and NGLs ....... 221210 Natural gas distribution facilities. 

211112 Natural gas liquid extraction facilities. 

Suppliers of Industrial GHGs ................... 325120 Industrial gas manufacturing facilities. 

Suppliers of Carbon Dioxide (CO2) ........ 325120 Industrial gas manufacturing facilities. 

1EPA will not be implementing subpart JJ of the Mandatory GHG Reporting Rule using funds provided in its FY2010 appropriations due to a 

Congressional restriction prohibiting the expenditure of funds for this purpose. 

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. Table 1 of this preamble lists the 

types of facilities that EPA is now aware 

could be potentially 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. 

Public Hearing. EPA does not plan to 

conduct a public hearing unless 

requested. To request a hearing, please 

contact the person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section by March 23, 2010. If 

requested, the public hearing will be 

conducted on March 31, 2010 at 1310 L 

St., NW., Washington, DC 20005 starting 

at 9 a.m., local time. EPA will provide 

further information about the hearing on 

its webpage if a hearing is requested. 

Outline. The information presented in 

this preamble is organized as follows: 

Table of Contents 

I. Background of Final Rule 

II. Overview of the Amendments 

III. Rationale for the Amendments 

IV. Economic Impacts of the Amendments 

V. Statutory and Executive Order Reviews 

I. Background of Final Rule 

The Mandatory Greenhouse Gas 

Reporting Rule, published on October 

30, 2009 (74 FR 56260), requires 

reporting by certain facilities that emit 

GHGs and by suppliers of fuels and 

industrial gases. Facilities and suppliers 

that meet the applicability criteria in the 

rule must comply with the general 

provisions (subpart A) and any other 

applicable subpart(s). Subpart A 

specifies rule applicability and the 

general monitoring, reporting, 

recordkeeping, verification, schedule, 

and calibration requirements that apply 

to all facilities and suppliers that are 

subject to the final rule. Some subparts 

of the final rule address direct emitters, 

who generally must report emissions 

from general stationary fuel combustion 

sources and any manufacturing 

processes that are specified in the rule. 

Other subparts address suppliers, who 

must report quantities of fuel products 

or industrial gases they supply into the 

economy and the GHG emissions that 

could ultimately be released when the 

fuels they supply are combusted or the 

industrial gases they supply are used 

and released. 

As specified in subpart A of the 2009 

final rule, facilities and suppliers 

covered by the 2009 rule must begin 

monitoring emissions data on January 1, 

2010, and the first reports are due to 

EPA on March 31, 2011. EPA is 

currently in the process of conducting 

additional rulemaking actions that 

would add subparts to the reporting 

rule. If adopted, the new subparts would 

require reporting of emissions by 

additional source and supply categories. 

Compliance with the requirements of 

any new subparts would begin in future 

calendar years (e.g., 2011) rather than 

2010. Any comments about the actual 

reporting date (e.g, March 31) for those 

additional source categories should be 

directed to those separate rulemaking. 

We will not consider comments on the 

reporting date as adverse comments in 

this rulemaking. Today’s minor 

revisions do not change the 

requirements of the final rule, but rather 

reformat the regulatory text to allow for 

the addition of subparts in the future in 

a simple and clear manner. 

II. Overview of the Amendments 

The direct final rule amendment 

converts into a tabular format the lists 

of source categories and supply 

categories that are affected by the rule. 

The lists, which currently are embedded 

in three paragraphs of subpart A (40 

CFR 98.2(a)), are being moved to three 

new tables in subpart A. Each table also 

indicates the applicable first reporting 

year for each source and supply 

category. For source and supply 

categories included in the 2009 final 

rule, the first reporting year remains 

2010. 


emcdonald on DSK2BSOYB1PROD with RULES
12454 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Rules and Regulations 

As a concurrent harmonizing change, 

all references to applicable subparts 

(e.g., ‘‘subparts C through JJ’’) are being 

replaced by references to the 

appropriate source or supply category 

table. EPA is neither adding any new 

source categories in this direct final rule 

nor making any changes to the 

applicability, schedule, or general 

requirements for sources covered by the 

2009 final rule. Any comments about 

the applicability requirements reflected 

in the final rule will not be considered 

adverse comment in this rulemaking. 

This rule is merely reformatting those 

applicability requirements, not changing 

them; therefore, they are not subject to 

comment in this rule. For more 

information about applicability, please 

see the final GHG Mandatory Reporting 

Rule (74 FR 56260) and corresponding 

Response to Comment documents. 

Finally, EPA is also amending 40 CFR 

98.3 in order to recognize that the 

compliance year for any new subparts 

would be different than for subparts 

covered by the 2009 final rule. Again, 

these revisions would not change any 

requirements for sources covered by the 

2009 final rule. As stated above, the 

actual schedule for complying with new 

subparts is not a subject for this 

rulemaking. Any comments about the 

schedule for any new source categories 

added should be directed to those 

rulemakings. For more information 

about the March 31, 2011 reporting date, 

please see the final GHG Mandatory 

Reporting Rule (74 FR 56260) and 

corresponding Response to Comment 

documents. 

III. Rationale for the Amendments 

EPA is changing the framework of 40 

CFR 98.2(a) to make it clear which 

source categories are to be considered 

for determining applicability and 

reporting requirements for calendar year 

2010, and which are to be considered 

for future years if and when new 

subparts are added to the rule. In 40 

CFR 98.3, EPA is modifying references 

to calendar year 2010 as being the sole 

initial compliance year for all rule 

requirements. The table format 

improves clarity and facilitates the 

addition of subparts that were not 

included in the 2009 final rule. Tables 

A–3 through A–5 replace the list of 

source categories in 40 CFR 98.2(a)(1), 

(a)(2), and (a)(4), respectively. Each 

table lists the source categories subject 

to the rule in calendar year 2010 and 

also includes a place to list applicable 

source categories in calendar year 2011 

and future years. 

If new source and supply source 

categories are added to the rule, this 

reformatting will simplify updates to the 

applicability provisions of subpart A. If 

new subparts are adopted, a new row 

would simply be added to the 

appropriate table for the appropriate 

starting year. To carry these revisions 

through the rest of the regulatory text, 

the introductory text of 40 CFR 

98.2(a)(2) and a few other paragraphs 

throughout 40 CFR part 98, subpart A 

that currently reference ‘‘subparts C 

through JJ’’ or ‘‘subparts KK through PP’’ 

are reworded to refer to the appropriate 

tables. References to tables are an easy 

way to clearly indicate which categories 

are to be considered for determining the 

applicability threshold and reporting 

requirements for calendar years 2010, 

2011, and future years, without having 

to update the list citations throughout 

the regulatory text every time a new 

subpart is added to the rule. 

We are also revising 40 CFR 98.3(b), 

which establishes the schedule for 

annual reporting. The text in 40 CFR 

98.3(b)(1) and (b)(2) currently indicates 

that existing facilities subject to the rule 

must report emissions for calendar year 

2010 by submitting an annual report no 

later than March 31, 2011. The revisions 

to 40 CFR 98.3(b) do not change the 

2010 and 2011 dates for facilities and 

suppliers covered by the 2009 final rule, 

but provide that as new subparts are 

added, they will have later compliance 

years. Therefore, we are modifying the 

text of 40 CFR 98.3(b) to allow reporting 

to start in different years, as specified in 

the new source category tables. Any 

future rules adding subparts would 

indicate the exact starting year for 

reporting for that source category. This 

direct final rule merely removes the 

presumption that all categories, existing 

and future, would report starting with 

2010 emissions. Any comments about 

the reporting schedule for any new 

source categories should be made in 

those separate rulemakings, rather than 

here. We will not consider them adverse 

comments for the purposes of this 

rulemaking. 

We also are removing and reserving 

40 CFR 98.3(b)(1). This section is not 

needed because the tables will indicate 

the first reporting year for source 

categories added to the rule and the 

requirement for facilities to report in 

each subsequent year is already 

contained in 40 CFR 98.2(i). 

We are also modifing the text of 40 

CFR 98.3(i)(1) to allow facilities that 

must report under any additional 

subparts to conduct any intial 

calibrations that are required by the 

newly published subparts during the 

first year that the subpart applies rather 

than in the year 2010. 

As discussed throughout this rule, we 

are not changing any requirements for 

facilities or suppliers covered by 

subparts included in the 2009 final rule. 

Rather, we are merely reformatting the 

presentation of certain requirements, 

and clarifying deadlines that may apply 

to future subparts added in later 

rulemakings. Thus, as indicated in the 

concurrent proposal, we are not 

requesting or entertaining comments on 

decisions made in the 2009 final rule. 

Comments received on issues resolved 

in the 2009 final rule will not be 

considered adverse comments on this 

direct final rule because they are outside 

the scope of the changes being made by 

this rule. 

IV. Economic Impacts of the 

Amendments 

The amendments do not introduce 

any changes to the requirements of the 

rule. Therefore, there are no economic 

or cost impacts associated with this 

direct final rule. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and is therefore 

not subject to review under the 

Executive Order. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. The 

amendments in this direct final rule 

simply reformat parts of subpart A and 

make other harmonizing changes to 

allow additional subparts to be added 

into the final rule in a clear manner. 

This direct final rule does not change 

any reporting requirements in the 

general provisions. However, the Office 

of Management and Budget (OMB) has 

previously approved the information 

collection requirements contained in the 

existing subparts of 40 CFR part 98 

under the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

and has assigned OMB control number 

2060–0629. The OMB control numbers 

for EPA’s regulations in 40 CFR are 

listed in 40 CFR part 9. Subparts that 

will be added through separate 

rulemakings will document the 

respective information collection 

requirements in their own ICR 

documents. 

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 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Rules and Regulations 12455 

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 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 this final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

The direct final rule simply reformats 

parts of one section of subpart A and 

makes other harmonizing changes to 

allow additional subparts to be added 

into the final rule in a clear manner. The 

direct final rule does not itself add any 

additional subparts or requirements. 

The direct final rule will not impose any 

new requirements on 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 

amendments in this final rule reformat 

parts of one section of Subpart A and 

make other harmonizing changes to 

allow additional subparts to be added 

into the final rule in a clear manner. 

E. Executive Order 13132: Federalism 

EO 13132, entitled ‘‘Federalism’’ (64 

FR 43255, August 10, 1999), requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have Federalism implications.’’ ‘‘Policies 

that have Federalism implications’’ is 

defined in the EO to include regulations 

that 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.’’ 

This final rule 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 EO 

13132. However, for a more detailed 

discussion about how the Mandatory 

GHG Reporting Rule relates to existing 

State programs, please see Section II of 

the preamble to the final Mandatory 

GHG Reporting Rule (74 FR 56266). 

These amendments apply directly to 

facilities that supply fuel or chemicals 

that when used emit greenhouse gases 

or facilities that directly emit 

greenhouses gases. They do not apply to 

governmental entities unless the 

government entity owns a facility that 

directly emits greenhouse gases above 

threshold levels (such as a landfill or 

large stationary combustion source), so 

relatively few government facilities 

would be affected. This regulation also 

does not limit the power of States or 

localities to collect GHG data and/or 

regulate GHG emissions. Thus, EO 

13132 does not apply to this final rule. 

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). The changes in this direct final 

rule do not result in any changes to the 

requirements of the 2009 rule. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This direct final rule is not subject to 

EO 13045 (62 FR 19885, April 23, 1997) 

because it is not economically 

significant as defined in EO 12866, and 

because the Agency does not believe the 

environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. The 

changes in this direct final rule do not 

result in any changes to the 

requirements applicable to facilities and 

suppliers covered by the subparts 

included in the 2009 final rule. 

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 

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 did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

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. 

EPA has determined that the direct 

final amendments will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because the amendments do not affect 

the level of protection provided to 

human health or the environment. The 

amendments do not affect the level of 

protection provided to human health or 

the environment because they simply 

reformat parts of one section of subpart 

A and make other harmonizing changes 

to allow additional subparts to be added 

into the final rule in a clear manner. 


emcdonald on DSK2BSOYB1PROD with RULES
12456 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Rules and Regulations 

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. EPA will submit a 

report containing this rule 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 May 17, 2010. 

List of Subjects in 40 CFR Part 98 

Environmental protection, 

Administrative practice and procedure, 

Greenhouse gases, Suppliers, Reporting 

and recordkeeping requirements. 

Dated: March 10, 2010. 

Lisa P. Jackson, 

Administrator. 

■ For the reasons stated 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, et seq. 

Subpart A—[Amended] 

■ 2. Section 98.1 is amended by revising 

paragraph (b) to read as follows: 

§ 98.1 Purpose and scope. 

* * * * * 

(b) Owners and operators of facilities 

and suppliers that are subject to this 

part must follow the requirements this 

subpart and all applicable subparts of 

this part. If a conflict exists between a 

provision in subpart A and any other 

applicable subpart, the requirements of 

the applicable subpart shall take 

precedence. 

■ 3. Section 98.2 is amended by revising 

paragraphs (a)(1), (2), and (4) to read as 

follows: 

§ 98.2 Who must report? 

(a) * * * 

(1) A facility that contains any source 

category that is listed in Table A–3 of 

this subpart in any calendar year 

starting in 2010. For these facilities, the 

annual GHG report must cover 

stationary fuel combustion sources 

(subpart C of this part), miscellaneous 

use of carbonates (subpart U of this 

part), and all applicable source 

categories listed in Table A–3 and Table 

A–4 of this subpart. 

(2) A facility that contains any source 

category that is listed in Table A–4 of 

this subpart that emits 25,000 metric 

tons CO2e or more per year in combined 

emissions from stationary fuel 

combustion units, miscellaneous uses of 

carbonate, and all applicable source 

categories that are listed in Table A–3 

and Table A–4 of this subpart. For these 

facilities, the annual GHG report must 

cover stationary fuel combustion 

sources (subpart C of this part), 

miscellaneous use of carbonates 

(subpart U of this part), and all 

applicable source categories listed in 

Table A–3 and Table A–4 of this 

subpart. 

* * * * * 

(4) A supplier that is listed in Table 

A–5 of this subpart. For these suppliers, 

the annual GHG report must cover all 

applicable products for which 

calculation methodologies are provided 

in the subparts listed in Table A–5 of 

this subpart. 

* * * * * 

■ 4. Section 98.3 is amended as follows: 

■ a. By revising paragraph (b) 

introductory text. 

■ b. By removing and reserving 

paragraph (b)(1). 

■ c. By revising paragraph (b)(2). 

■ d. By revising paragraph (c)(4)(i). 

■ e. By revising paragraph (c)(4)(ii). 

■ f. By revising paragraph (c)(4)(iii) 

introductory text. 

■ g. By revising paragraph (i)(1). 

§ 98.3 What are the general monitoring, 

reporting, recordkeeping and verification 

requirements of this part? 

* * * * * 

(b) Schedule. The annual GHG report 

must be submitted no later than March 

31 of each calendar year for GHG 

emissions in the previous calendar year. 

As an example, for a facility that is 

subject to the rule in calendar year 2010, 

the first report must be submitted on 

March 31, 2011. 

(1) [Reserved] 

(2) For a new facility or supplier that 

begins operation on or after January 1, 

2010 and becomes subject to the rule in 

the year that it becomes operational, 

report emissions beginning with the first 

operating month and ending on 

December 31 of that year. Each 

subsequent annual report must cover 

emissions for the calendar year, 

beginning on January 1 and ending on 

December 31. 

* * * * * 

(c) * * * 

(4) * * * 

(i) Annual emissions (excluding 

biogenic CO2) aggregated for all GHG 

from all applicable source categories 

listed in Tables A–3 and Table A–4 of 

this subpart and expressed in metric 

tons of CO2e calculated using Equation 

A–1 of this subpart. 

(ii) Annual emissions of biogenic CO2

aggregated for all applicable source 

categories in listed in Tables A–3 and 

Table A–4 of this subpart. 

(iii) Annual emissions from each 

applicable source category listed in 

Tables A–3 and Table A–4 of this 

subpart, expressed in metric tons of 

each GHG listed in paragraphs 

(c)(4)(iii)(A) through (E) of this section. 

* * * * * 

(i) * * * 

(1) Except as provided paragraphs 

(i)(4) through (6) of this section, flow 

meters and other devices (e.g., belt 

scales) that measure data used to 

calculate GHG emissions shall be 

calibrated using the procedures 

specified in this paragraph and each 

relevant subpart of this part. All 

measurement devices must be calibrated 

according to the manufacturer’s 

recommended procedures, an 

appropriate industry consensus 

standard, or a method specified in a 

relevant subpart of this part. All 

measurement devices shall be calibrated 

to an accuracy of 5 percent. For facilities 

and suppliers that are subject to this 

part on January 1, 2010, the initial 

calibration shall be conducted by April 

1, 2010. For facilities and suppliers that 

become subject to this part after April 1, 

2010, the initial calibration shall be 

conducted by the date that data 

collection is required to begin. 

Subsequent calibrations shall be 

performed at the frequency specified in 

each applicable subpart. 

* * * * * 

■ 5. Subpart A is amended by adding 

Tables A–3, A–4, and A–5 to read as 

follows: 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Rules and Regulations 12457 

TABLE A–3 OF SUBPART A—SOURCE CATEGORY LIST FOR § 98.2(a)(1) 

Source Categories 1 Applicable in 2010 and Future Years 

Electricity generation units that report CO2 mass emissions year round through 40 CFR part 75 (subpart D). 

Adipic acid production (subpart E). 

Aluminum production (subpart F). 

Ammonia manufacturing (subpart G). 

Cement production (subpart H). 

HCFC–22 production (subpart O). 

HFC–23 destruction processes that are not collected with a HCFC–22 production facility and that destroy more than 2.14 metric tons of HFC– 

23 per year (subpart O). 

Lime manufacturing (subpart S). 

Nitric acid production (subpart V). 

Petrochemical production (subpart X). 

Petroleum refineries (subpart Y). 

Phosphoric acid production (subpart Z). 

Silicon carbide production (subpart BB). 

Soda ash production (subpart CC). 

Titanium dioxide production (subpart EE). 

Municipal solid waste landfills that generate CH4 in amounts equivalent to 25,000 metric tons CO2e or more per year, as determined according 

to subpart HH of this part. 

Manure management systems with combined CH4 amd N2O emissions in amounts equivalent to 25,000 metric tons CO2e or more per year, as 

determined according to subpart JJ of this part. 

Additional Source Categories 1 Applicable in 2011 and Future Years 

Source Categories 1 Applicable in 2010 and Future Years (reserved) 

Source categories are defined in each applicable subpart. 

TABLE A–4 OF SUBPART A—SOURCE CATEGORY LIST FOR § 98.2(a)(2) 

Source Categories 1 Applicable in 2010 and Future Years 

Ferroalloy production (subpart K). 

Glass production (subpart N). 

Hydrogen production (subpart P). 

Iron and steel production (subpart Q). 

Lead production (subpart R). 

Pulp and paper manufacturing (subpart AA). 

Zinc production (subpart GG). 

Additional Source Categories 1 Applicable in 2011 and Future Years (Reserved) 

Source categories aer defined in each applicable subpart. 

TABLE A–5 OF SUBPART A—SUPPLIER CATEGORY LIST FOR § 98.2(a)(4) 

Supplier Categories 1 Applicable in 2010 and Future Years 

Coal-to-liquids suppliers (subpart LL): 

(A) All producers of coal-to-liquid products. 

(B) Importers of an annual quantity of coal-to-liquid products that is equivalent to 25,000 metric tons CO2e or more. 

(C) Exports of an annual quantity of coal-to-liquid products that is equivalent to 25,000 metric tons CO2e or more. 

Petroleum product suppliers (subpart MM): 

(A) All petroleum refineries that distill crude oil. 

(B) Importers of an annual quantity of petroleum products that is equivalent to 25,000 metric tons CO2e or more. 

(C) Exporters of an annual quantity of petroleum products that is equivalent to 25,000 metric tons CO2e or more. 

Natural gas and natural gas liquids suppliers (subpart NN): 

(A) All fractionators. 

(B) All local natural gas distribution companies. 

Supplier Categories 1 Applicable in 2010 and Future Years 

Industrial greenhouse gas suppliers (subpart OO): 

(A) All producers of industrial greenhouse gases. 

(B) Importers of industrial greenhouse gases with annual bulk imports of N2O, fluorinated GHG, and CO2 that in combination are equivalent 

to 25,000 metric tons CO2e or more. 

(C) Exporters of industrial greenhouse gases with annual bulk exports of N2O, fluorinated GHG, and CO2 that in combination are equivalent 

to 25,000 metric tons CO2e or more. 

Carbon dioxide suppliers (subpart PP): 

(A) All producers of CO2. 

(B) Importers of CO2 with annual bulk imports of N2O, fluorinated GHG, and CO2 that in combination are equivalent to 25,000 metric tons 

CO2e or more. 


emcdonald on DSK2BSOYB1PROD with RULES
12458 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Rules and Regulations 

1The Second Report and Order does not resolve 

another issue raised in the Further Notice of 

Proposed Rulemaking, which is whether the First 

Report and Order’s ban of building exclusivity 

should be expanded to apply to MVPDs other than 

cable operators and common carriers, specifically 

DBS service providers and so-called ‘‘private cable 

operators.’’ That issue will be resolved in a future 

decision. 

TABLE A–5 OF SUBPART A—SUPPLIER CATEGORY LIST FOR § 98.2(a)(4)—Continued 

(C) Exporters of CO2 with annual bulk exports of N2O, fluorinated GHG, and CO2 that in combination are equivalent to 25,000 metric tons 

CO2e or more. 

Additional Supplier Categories Applicable 1 in 2011 and Future Years (Reserved) 

1Suppliers are defined in each applicable subpart. 

[FR Doc. 2010–5695 Filed 3–15–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 76 

[MB Docket No. 07–51; FCC 10–35] 

Exclusive Service Contracts for 

Provision of Video Services in Multiple 

Dwelling Units and Other Real Estate 

Developments 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; policy statement. 

SUMMARY: This document is the 

Commission’s Second Report and Order 

concerning video services in multiple 

dwelling units (‘‘MDUs’’), which are 

apartment and condominium buildings 

and centrally managed residential real 

estate developments. The Second Report 

and Order resolves some issues the 

Commission left undecided in its First 

Report and Order, concerning two 

practices called ‘‘bulk billing’’ and 

‘‘marketing exclusivity.’’ The Second 

Report and Order concludes that bulk 

billing and marketing exclusivity, at 

present, create more benefits than harms 

for MDU residents. The Commission 

therefore allows both practices to 

continue. 

DATES: Effective April 15, 2010. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, please contact John W. 

Berresford, (202) 418–1886, or Holly 

Saurer, (202) 418–7283, both of the 

Policy Division, Media Bureau. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Federal 

Communications Commission’s Second 

Report and Order in MB Docket No. 07– 

51, FCC 10–35, adopted March 1, 2010, 

and released March 2, 2010. The full 

text of this document is available for 

public inspection and copying during 

regular business hours in the FCC 

Reference Center, Federal 

Communications Commission, 445 12th 

Street, SW., CY–A257, Washington, DC 

20554. This document will also be 

available via ECFS (http://www.fcc.gov/ 

cgb/ecfs/). (The document will be 

available electronically in ASCII, Word 

97, and/or Adobe Acrobat.) The 

complete text may be purchased from 

the Commission’s copy contractor, 445 

12th Street, SW., Room CY–B402, 

Washington, DC 20554. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Summary of the Second Report and 

Order 

1. The Second Report and Order is an 

outgrowth of the Commission’s first 

Report and Order in the same 

proceeding, which was released on 

October 31, 2007. Exclusive Service 

Contracts for Provision of Video 

Services in Multiple Dwelling Units & 

Other Real Estate Developments, Report 

& Order & Further Notice of Proposed 

Rulemaking, 22 FCC Rcd 20235 (2007), 

affirmed, National Cable & 

Telecommun. Ass’n v. FCC, 567 F.3d 

659 (DC Cir. 2009). The first Report and 

Order prohibited certain multichannel 

video programming distributors 

(‘‘MVPDs,’’ specifically cable operators 

and common carriers) from engaging in 

so-called ‘‘building exclusivity’’ with 

MDUs—arrangements whereby only one 

such MVPD was allowed to provide 

MVPD service in an MDU. The first 

Report and Order ended with a Further 

Notice of Proposed Rulemaking that 

raised issues about the similar practices 

of bulk billing and marketing 

exclusivity. The Second Report and 

Order resolves those issues.1

I. Background 

2. Much of the history of this 

proceeding, definitions of key terms, 

factual descriptions of MDUs and their 

residents, and descriptions of pertinent 

statutes (especially 47 U.S.C. 548(b)) are 

set forth in the Federal Register 

description of the first Report and 

Order, 73 FR 1080–01 (Jan. 7, 2008). 

Bulk billing is an arrangement in which 

one MVPD provides video service to 

every resident of an MDU, usually at a 

significant discount from the retail rate 

that each resident would pay if he or 

she contracted with the MVPD 

individually. Marketing exclusivity is a 

practice by which an MDU owner grants 

one MVPD certain specific marketing 

advantages on an exclusive basis (such 

as the exclusive right to have its brand 

on the MDU’s Web page and to market 

its services in common areas). The 

issues resolved in the Second Report 

and Order were whether to allow any 

kind of MVPD to engage in bulk billing 

or marketing exclusivity. 

3. In response to the Further Notice of 

Proposed Rulemaking, the Commission 

received filings from major cable 

operators, their trade association, and 

incumbent common carriers (also called 

local exchange carriers or ‘‘LECs’’), the 

two major Direct Broadcast Satellite 

(‘‘DBS’’) providers (DIRECTV and DISH 

Network), nine private cable operators 

(‘‘PCOs’’), PCOs’ national trade 

association, their financiers, operators of 

new wire- or fiber-based systems that do 

not use public rights of way, 

approximately 20 real estate interests 

(MDU developers, builders, owners, and 

managers and their trade associations 

and consultants), several individual 

homeowners’ associations and 

educational institutions that subscribe 

to PCOs’ services, municipal 

governments, the National Governors 

Association, and hundreds of individual 

consumers. 

II. Discussion 

A. Bulk Billing Arrangements 

1. Use of Bulk Billing Arrangements 

4. In a typical bulk billing 

arrangement, the MDU building 

subscribes to the MVPD provider’s 

service, agreeing to pay the MVPD a 

monthly fee. The MVPD provider then 

connects its service to every unit in the 

MDU. The MVPD typically bills its fee 

every month to the MDU building, 

which factors each unit’s pro rata charge 

into the unit’s rent, condominium fee, 


emcdonald on DSK2BSOYB1PROD with RULES