Mandatory Reporting of Greenhouse Gases: Minor Harmonizing Changes to the General Provisions

Federal Register: March 16, 2010 (Volume 75, Number 50)

Proposed Rules

Page 12489-12491

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr16mr10-18

ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 98

EPA-HQ-OAR-2008-0508; FRL-9127-5

RIN 2060-AQ15

Mandatory Reporting of Greenhouse Gases: Minor Harmonizing

Changes to the General Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing 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: Comments. Written comments must be received on or before April 15, 2010.

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

Page 12490

starting at 9 a.m., local time. EPA will provide further information about the hearing on its Web page if a hearing is requested.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-

OAR-2008-0508, by mail to 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. Please include a total of two copies. Comments may also be submitted electronically or through hand delivery/courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this Federal Register.

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:

1. Why Is EPA Issuing This Proposed Rule?

   This document proposes to take action on the Mandatory Greenhouse

   Gas Reporting Rule (40 CFR part 98, subpart A.) We have published a direct final rule in the ``Rules and Regulations'' section of this

   Federal Register because we view this as a noncontroversial action and anticipate no adverse comment. We have explained our reasons for this action in the preamble to the direct final rule.

   If we receive no adverse comment, we will not take further action on this proposed rule. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We are not accepting comment on any other aspect of 40 CFR Part 98 other than comments on the specific changes explained in the direct final rule. We would address all relevant public comments in any subsequent final rule based on this proposed rule. 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.

   We do not intend to institute a second comment period on this action. Any parties interested in commenting must do so at this time.

   For further information, please see the information provided in the

   ADDRESSES section of this document.

2. Does This Action Apply to Me?

   Regulated Entities. The proposed amendments to the Mandatory

   Greenhouse Gas Reporting Rule would 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 would 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.

   Petroleum Refineries..........................

   324110 Petroleum refineries.

   Phosphoric Acid Production....................

   325312 Phosphoric acid manufacturing facilities.

   Pulp and Paper Manufacturing..................

   322110 Pulp mills.

   Page 12491

   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.

   \1\ EPA will not be implementing subpart JJ of the Mandatory GHG Reporting Rule 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 regulated 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 subject to reporting requirements. 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.

3. Statutory and Executive Order Reviews

   For a complete discussion of all of the administrative requirements applicable to this action, see the direct final rule in the Rules and

   Regulations section of this Federal Register.

   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.

   FR Doc. 2010-5694 Filed 3-15-10; 8:45 am

   BILLING CODE 6560-50-P