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[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Rules and Regulations]
[Pages 64010-64015]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26766]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 2

[EPA-HQ-OAR-2009-0924; FRL-9479-8]

Special Rules Governing Certain Information Obtained Under the 
Clean Air Act: Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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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 
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 December 1, 2011 without further 
notice, unless the EPA receives adverse comment by November 16, 2011. 
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

[[Page 64011]]

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.
    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 Web site 
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 e-mail comment directly to the 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, the EPA recommends that you include 
your name and other contact information in the body of your comment and 
with any disk or CD-ROM you submit. If the EPA cannot read your comment 
due to technical difficulties and cannot contact you for clarification, 
the EPA may not be able to consider your comment. Electronic files 
should avoid the use of special characters, any form of encryption, and 
be free of any defects or viruses. 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; fax number: (202) 343-2342; e-mail address: 
GHGReportingRule@epa.gov. For technical information and implementation 
materials, please go to the Web site http://www.epa.gov/climatechange/emissions/ghgrulemaking.html. 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 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 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 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?

    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
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                   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.

[[Page 64012]]

 
                                                            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 (solid-state)
                                                                  device manufacturing facilities.
                                                         334419  LCD unit screens manufacturing facilities.
                                                ...............  MEMS manufacturing facilities.
Ferroalloy Production.........................           331112  Ferroalloys manufacturing facilities.
Fluorinated Gas Production....................           325120  Industrial gases manufacturing facilities.
Glass Production..............................           327211  Flat glass manufacturing facilities.
                                                         327213  Glass container manufacturing facilities.
                                                         327212  Other pressed and blown glass and glassware
                                                                  manufacturing facilities.
HCFC-22 Production and HFC-23 Destruction.....           325120  Chlorodifluoromethane manufacturing facilities.
Hydrogen Production...........................           325120  Hydrogen manufacturing facilities.
Iron and Steel Production.....................           331111  Integrated iron and steel mills, steel
                                                                  companies, sinter plants, blast furnaces,
                                                                  basic oxygen process furnace shops.
Lead Production...............................           331419  Primary lead smelting and refining facilities.
                                                         331492  Secondary lead smelting and refining
                                                                  facilities.
Lime Manufacturing............................           327410  Calcium oxide, calcium hydroxide, dolomitic
                                                                  hydrates manufacturing facilities.
Magnesium Production..........................           331419  Primary refiners of nonferrous metals by
                                                                  electrolytic methods.
                                                         331492  Secondary magnesium processing plants.
Nitric Acid Production........................           325311  Nitric acid manufacturing facilities.
Petroleum and Natural Gas Systems.............           486210  Pipeline transportation of natural gas.
                                                         221210  Natural gas distribution facilities.
                                                            211  Extractors of crude petroleum and natural gas.
                                                         211112  Natural gas liquid extraction facilities.
Petrochemical Production......................            32511  Ethylene dichloride manufacturing facilities.
                                                         325199  Acrylonitrile, ethylene oxide, methanol
                                                                  manufacturing facilities.
                                                         325110  Ethylene manufacturing facilities.
                                                         325182  Carbon black manufacturing facilities.
Petroleum Refineries..........................           324110  Petroleum refineries.
Phosphoric Acid Production....................           325312  Phosphoric acid manufacturing facilities.
Pulp and Paper Manufacturing..................           322110  Pulp mills.
                                                         322121  Paper mills.
                                                         322130  Paperboard mills.
Silicon Carbide Production....................           327910  Silicon carbide abrasives manufacturing
                                                                  facilities.
Soda Ash Manufacturing........................           325181  Alkalies and chlorine manufacturing facilities.
                                                         212391  Soda ash, natural, mining and/or beneficiation.
Electrical Transmission and Distribution                 221121  Electric bulk power transmission and control
 Equipment Use.                                                   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.
Suppliers of Natural Gas and NGLs.............           221210  Natural gas distribution facilities.
                                                         211112  Natural gas liquid extraction facilities.

[[Page 64013]]

 
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                   423730  Air-conditioning equipment (except room units)
 Greenhouse Gases in Pre-charged Equipment or                     merchant wholesalers.
 Closed-Cell Foams.
                                                         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                       33531  Power transmission and distribution switchgear
 Refurbishment.                                                   and specialty transformers manufacturing
                                                                  facilities.
Industrial Waste Landfills....................           562212  Solid waste landfills.
                                                         221320  Sewage treatment facilities.
                                                         322110  Pulp mills.
                                                         322121  Paper mills.
                                                         322122  Newsprint mills.
                                                         322130  Paperboard mills.
                                                         311611  Meat processing facilities.
                                                         311411  Frozen fruit, juice, and vegetable
                                                                  manufacturing facilities.
                                                         311421  Fruit and vegetable canning facilities.
Injection of Carbon Dioxide...................              211  Oil and gas extraction projects using CO2
                                                                  enhanced oil and gas recovery.
                                                      211111 or  Projects that inject acid gas containing CO2
                                                         211112   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
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. Background of Final Rule

    On 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 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 section 307(d), as the authority under 
which confidentiality determinations for part 98 data are made. This 
action corrects the erroneous reference.\1\
---------------------------------------------------------------------------

    \1\ Paragraph (d) also references CAA section 307(d), which is 
correct.
---------------------------------------------------------------------------

    It is clear from the preambles to both the proposed and final 
confidentiality

[[Page 64014]]

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. 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.

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).

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 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 U.S.C. 603 and 604. Thus, an agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, or 
otherwise has a positive economic effect on all of the small entities 
subject to the rule.
    This 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.

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

    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 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)

[[Page 64015]]

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 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 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 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 December 1, 2011.

List of Subjects in 40 CFR Part 2

    Environmental protection, Administrative practice and procedure, 
Reporting and recordkeeping requirements.

    Dated: October 11, 2011.
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 2--[AMENDED]

0
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]

Sec.  2.301  [Amended]

0
2. Section 2.301 is amended by:
0
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''.
0
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''.
0
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''.
0
d. In the second sentence of paragraph (d)(4) introductory text, 
revising the phrase ``pursuant to section 114(c) of the Clean Air Act 
and 5 U.S.C. 553(c)'' to read ``pursuant to sections 114(c) and 307(d) 
of the Clean Air Act''.
0
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''.

[FR Doc. 2011-26766 Filed 10-14-11; 8:45 am]
BILLING CODE 6560-50-P
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