[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Rules and Regulations]
[Pages 22825-22827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10026]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 98
[EPA-HQ-OAR-2009-0923; FRL-9299-1]
Mandatory Reporting of Greenhouse Gases: Petroleum and Natural
Gas Systems
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; Grant of reconsideration.
-----------------------------------------------------------------------
SUMMARY: On November 30, 2010 EPA promulgated Subpart W: Petroleum and
Natural Gas Systems of the Greenhouse Gas Reporting Rule. As part of
the provisions outlined in this rule, the EPA stated that the Agency
would allow certain owners or operators to use best available
monitoring methods (BAMM) in lieu of specified parameters outlined for
calculating greenhouse gas emissions for the petroleum and natural gas
systems source category of the greenhouse gas reporting rule. EPA is
giving notice that the Agency has initiated the reconsideration process
in response to requests for reconsideration of certain provisions in
the regulations. First, EPA has been asked to reconsider the
requirement to submit requests to use best available monitoring methods
during the 2011 calendar year by April 30, 2011 and pursuant to its
authority under CAA section 307(d)(7)(B) consequently is extending the
deadline contained in those provisions until July 31, 2011. Second, EPA
has also been asked to reconsider the time period during which owners
and operators of certain specific sources could automatically use BAMM
without having to request approval by the Administrator. As a result of
this second request, pursuant to its authority under CAA section
307(d)(7)(B) EPA is also extending the date by which owners and
operators of certain specific sources would not be required to request
approval by the Administrator for the use of BAMM from June 30, 2011
until September 30, 2011.
DATES: This rule is effective on April 30, 2011.
FOR FURTHER INFORMATION CONTACT: Ms. Carole Cook, Climate Change
Division, Office of Atmospheric Programs (MC-6207J), Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460;
telephone number (202) 343-9236; fax (202) 343-2342; e-mail address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background Information
The EPA published Subpart W: Petroleum and Natural Gas Systems of
the Greenhouse Gas Reporting Rule on November 30, 2011, 40 CFR Part 98,
Subpart W (75 FR 74458)(Subpart W). Included in the final rule were new
provisions allowing owners or operators the option of using best
available monitoring methods for specified parameters in 40 CFR 98.233.
Subpart W provides that owners or operators wishing to use BAMM during
2011 for emissions sources listed in 40 CFR 98.234(f)(4)or
98.234(f)(5)(iv) must submit BAMM applications by April 30, 2011. In
addition, subpart W provides that owners or operators with emissions
sources listed in 40 CFR 98.234(f)(2) or 40 CFR 98.234(f)(3) have the
option of using BAMM from January 1, 2011 to June 30, 2011 without
submitting a request to the Administrator for approval to use BAMM;
however to extend use of BAMM beyond June 30, 2011, those owners or
operators must submit a request to the Administrator by April 30, 2011.
Following the publication of Subpart W in the Federal Register,
several industry groups sought reconsideration of several provisions in
the final rule, including the provisions requiring submittal of BAMM
requests for use or extension of BAMM in calendar year 2011 by April
30, 2011, and the time period for which owners or operators of sources
in 40 CFR 98.234(f)(2) or 40 CFR 98.234(f)(3) would not be required to
submit a BAMM request to the Administrator for approval, i.e., January
1 through June 30, 2011.
By letter dated January 31, 2011, the American Petroleum Institute
(API) stated that ``[a]ggressive deadlines for BAMM are problematic for
reporters who are attempting to monitor GHG emissions for the first
time. In particular, the April 30, 2011 deadline for BAMM requests does
not provide reporters sufficient time to identify the sources for which
BAMM should be requested and gather the data that EPA requires be
submitted with a BAMM request.'' API, along with the Gas Processors
Association (GPA), Interstate Natural Gas Association of America
(INGAA), Chesapeake Energy Corporation (CEC)/American Exploration &
Production Council (AXPC), stated that they would not be able to
complete an initial assessment of their facilities to determine whether
they would need BAMM by the deadline of April 30, 2011. Further, a
subset of these petitioners further noted that the time period for
which owners and operators were granted the optional use of BAMM
without being required to submit a request to the Administrator for
approval was insufficient for them to make the necessary assessment of
their facilities to determine compliance with the rule.
EPA believes that pursuant to CAA section 307(d)(7)(B) it is
appropriate to extend the deadlines in 40 CFR 98.234(f)(5)(iii)(A),
98.234(f)(5)(iv)(A), 98.234(f)(6)(i), and 98.234(f)(7)(i) by three
months, to allow owners and operators additional time to assess which
of their facilities would need to take advantage of the BAMM provisions
of Subpart W for calendar year 2011. EPA also believes that pursuant to
CAA section 307(d)(7)(B) it is appropriate to extend the deadlines, by
three months, by which owners and operators of emission sources listed
in 40 CFR 98.234(f)(2) or 40 CFR 98.234(f)(3), would have the option to
use BAMM without submitting a request for approval from the
Administrator to allow additional time to asses applicability of the
rule provisions to their facilities. EPA is taking no action at this
time on other issues raised by petitioners in their respective
Petitions for Reconsideration and reserves the right to further
consider those issues at a later time.
Pursuant to Clean Air Act (CAA) section 307(d)(7)(B), EPA is
extending the deadlines in 40 CFR 98.234(f)(5)(iii)(A),
98.234(f)(5)(iv)(A), 98.234(f)(6)(i), and 98.234(f)(7)(i) for three
months, i.e., until July 31, 2011.
Further, pursuant to CAA section 307(d)(7)(B) EPA is also extending
the deadlines contained in 40 CFR 98.234(f)(2), 40 CFR 98.234(f)(3), 40
CFR 98.234(f)(5)(i), 40 CFR 98.234(f)(5)(ii), 40 CFR 98.234(f)(6), 40
CFR 98.234(f)(6)(ii)(D), 40 CFR 98.234(f)(6)(iii), 40 CFR 98.234(f)(7),
and 40 CFR 98.234(f)(7)(iii) for three months, i.e., until September
30, 2011.
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good
[[Page 22826]]
cause finds that notice and public procedure are impracticable,
unnecessary or contrary to the public interest, the agency may issue a
rule without providing notice and an opportunity for public comment.
EPA has determined that there is good cause for making today's rule
final without prior proposal and opportunity for comment. We are acting
pursuant to CAA section 307(d)(7)(B) to extend these deadlines in part
because both the affected universe of facilities subject to the rule
and the substantive requirements associated with the BAMM provisions in
the rule could change as a result of this reconsideration process. In
addition, we are extending these provisions to allow owners and
operators of affected facilities additional time to appropriately
assess their facilities to determine if it will be necessary for them
to apply for BAMM during calendar year 2011. Because we cannot predict
the resulting outcome of the reconsideration process with respect to
BAMM, we think a limited extension during the duration of the
administrative reconsideration process is appropriate so that owners
and operators of affected facilities would not incur additional costs
associated with applying for BAMM in advance of our final decision on
this issue. It would be impracticable to go through notice and comment
rulemaking to extend an imminent deadline and it is also unnecessary
because section 307(d)(7)(B) does not require notice and comment for a
three-month extension pending reconsideration. Thus, notice and public
procedure are impracticable and unnecessary. EPA finds that this
constitutes good cause under 5 U.S.C. 553(b)(B).
II. Statutory and Executive Order Reviews
A. General Requirements
This action is not a ''significant regulatory action,'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and,
therefore, not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011). For this reason, this action is also
not subject to Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). In addition, because the agency has made a ``good
cause'' finding that this action is not subject to notice-and-comment
requirements under the Administrative Procedure Act or any other
statute (See Section I. Background Information of this preamble) it is
not subject to sections 202 and 205 of the Unfunded Mandates Reform Act
of 1995 (UMRA) (Public Law 104-4). In addition, this action does not
impose any enforceable duty or contain any unfunded mandates as
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4),
or require prior consultation with State officials, as specified by
Executive Order 12875 (58 FR 58093, October 28, 1993), or involve
special consideration of environmental justice related issues, as
required by Executive Order 12898 (59 FR 7629, February 16, 1994).
Further, because the agency has made a ``good cause'' (See Section I.
Background Information of this preamble) finding that this action is
not subject to notice-and-comment requirements under the Administrative
Procedure Act or any other statute, it is not subject to the regulatory
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601,
et seq.). This action also does not have Tribal implications because it
will not have a substantial direct effect on one or more Indian Tribes,
on the relationship between the Federal government and Indian Tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian Tribes, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action also does not have
Federalism implications because it does 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 (64 FR 43255, August 10, 1999). This action
also is not subject to Executive Order 13045, ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997). The requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
This action does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et
seq.). EPA's compliance with these statutes and Executive Orders for
the underlying rule is discussed in the November 30, 2010 Federal
Register document.
B. Submission to Congress and the Comptroller General
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. Section 808 allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and public procedure is impracticable,
unnecessary or contrary to the public interest. This determination must
be supported by a brief statement. 5 U.S.C. 808(2). As stated
previously, EPA has made such a good cause finding, including the
reasons therefore, and established an effective date of April 30, 2011.
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 United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
III. How Can I Get Copies of This Document and Other Related
Information?
This Federal Register notice is available in the docket for the
final rule titled ``Mandatory Reporting of Greenhouse Gases: Petroleum
and Natural Gas Systems,'' published on November 30, 2010 at 98 FR
74458, under Docket ID No. EPA-HQ-OAR-2009-0923.
All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some
information may not be publicly available, i.e., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the EPA's Docket Center, Docket ID No. EPA-HQ-OAR-2009-0923, Public
Reading Room, EPA West Building, Room 3334, 1301 Constitution Avenue,
Northwest, Washington, DC 20004. 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 Center is (202) 566-1741.
In addition to being available in the docket, an electronic copy of
this Federal Register notice is also available on the World Wide Web at
http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.
[[Page 22827]]
List of Subjects in 40 CFR Part 98
Environmental Protection, Administrative practice and procedures,
Air pollution control, Monitoring, Reporting and recordkeeping.
Dated: April 20, 2011.
Lisa P. Jackson,
Administrator.
For the reasons discussed in the preamble, the EPA amends 40 CFR
parts 98 as follows:
PART 98--[AMENDED]
0
1. The authority citation for part 98 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
0
2. Section 98.234 is amended as follows:
0
a. By revising paragraph (f)(2) introductory text.
0
b. By revising paragraph (f)(3) introductory text.
0
c. By revising paragraphs (f)(5)(i), (f)(5)(ii), (f)(5)(iii)(A),
(f)(5)(iv)(A).
0
d. By revising paragraphs (f)(6) introductory text, (f)(6)(i),
(f)(6)(ii)(D), (f)(6)(iii).
0
e. By revising paragraphs (f)(7) introductory text, (f)(7)(i), and
(f)(7)(iii)
The revisions read as follows:
Sec. 98.234 Monitoring and QA/QC Requirements.
* * * * *
(f) * * *
(2) Best available monitoring methods for well-related emissions.
During January 1, 2011 through September 30, 2011, owners and operators
may use best available monitoring methods for any well-related data
that cannot reasonably be measured according to the monitoring and QA/
QC requirements of this subpart, and only where required measurements
cannot be duplicated due to technical limitations after September 30,
2011. These well-related sources are:
* * * * *
(3) Best available monitoring methods for specified activity data.
During January 1, 2011 through September 30, 2011, owners or operators
may use best available monitoring methods for activity data as listed
below that cannot reasonably be obtained according to the monitoring
and QA/QC requirements of this subpart, specifically for events that
generate data that can be collected only between January 1, 2011 and
September 30, 2011 and cannot be duplicated after September 30, 2011.
These sources are:
* * * * *
(5) * * *
(i) No request or approval by the Administrator is necessary to use
best available monitoring methods between January 1, 2011 and September
30, 2011 for the sources specified in paragraph (f)(2) of this section.
(ii) No request or approval by the Administrator is necessary to
use best available monitoring methods between January 1, 2011 and
September 30, 2011 for sources specified in paragraph (f)(3) of this
section.
(iii) * * *
(A) Timing of Request. The request to use best available monitoring
methods for paragraph (f)(4) of this section must be submitted to EPA
no later than July 31, 2011.
* * * * *
(iv) * * *
(A) Timing of Request. The request to use best available monitoring
methods for sources not listed in paragraph (f)(2), (f)(3), and (f)(4)
of this section must be submitted to EPA no later than July 31, 2011.
* * * * *
(6) Requests for extension of the use of best available monitoring
methods through December 31, 2011 for sources in paragraph (f)(2) of
this section. The owner or operator may submit a request to the
Administrator to use one or more best available monitoring methods
described in paragraph (f)(2) of this section beyond September 30,
2011.
(i) Timing of Request. The extension request must be submitted to
EPA no later than July 31, 2011.
* * * * *
(ii) * * *
(D) If the reason for the extension is that the owner or operator
cannot collect data from a service provider or relevant organization in
order for the owner or operator to meet requirements of this subpart
for the 2011 calendar year, the owner or operator must demonstrate a
good faith effort that it is not possible to obtain the necessary
information, service or hardware which may include providing
correspondence from specific service providers or other relevant
entities to the owner or operator, whereby the service provider states
that it is unable to provide the necessary data or services requested
by the owner or operator that would enable the owner or operator to
comply with subpart W reporting requirements by September 30, 2011.
* * * * *
(iii) Approval criteria. To obtain approval, the owner or operator
must demonstrate to the Administrator's satisfaction that it is not
reasonably feasible to obtain the data necessary to meet the
requirements of this subpart for the sources specified in paragraph
(f)(2) of this section by September 30, 2011.
(7) Requests for extension of the use of best available monitoring
methods through December 31, 2011 for sources in paragraph (f)(3) of
this section. The owner or operator may submit a request to the
Administrator to use one or more best available monitoring methods
described in paragraph (f)(3) of this section beyond September 30,
2011.
(i) Timing of request. The extension request must be submitted to
EPA no later than July 31, 2011.
* * * * *
(iii) Approval criteria. To obtain approval, the owner or operator
must demonstrate to the Administrator's satisfaction that is not
reasonably feasible to implement the data collection for the sources
described in paragraph (f)(3) of this section for the methods required
in this subpart by September 30, 2011.
* * * * *
[FR Doc. 2011-10026 Filed 4-22-11; 8:45 am]
BILLING CODE 6560-50-P