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Environmental Protection Agency Vol. 79 Thursday, No. 238 December 11, 2014 Part III Environmental Protection Agency 40 CFR Part 98 Greenhouse Gas Reporting Program: Addition of Global Warming Potentials to the General Provisions and Amendments and Confidentiality Determinations for Fluorinated Gas Production; Final Rule VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11DER3.SGM 11DER3 tkelley on DSK3SPTVN1PROD with RULES3 73750 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations ENVIRONMENTAL PROTECTION Production source category to reduce 566–1744 and the telephone number for AGENCY the level of detail in which emissions the Air Docket is (202) 566–1742. are reported, eliminate the mass-balance FOR FURTHER INFORMATION CONTACT: 40 CFR Part 98 emission calculation method, and Carole Cook, Climate Change Division, [EPA–HQ–OAR–2009–0927; FRL–9919–70– clarify the emission factor method. Office of Atmospheric Programs (MC– OAR] These amendments also include an 6207J), Environmental Protection alternative verification approach for this RIN 2060–AR78 Agency, 1200 Pennsylvania Ave. NW., source category in lieu of collecting Washington, DC 20460; telephone Greenhouse Gas Reporting Program: certain data elements for which the EPA number: (202) 343–9263; fax number: Addition of Global Warming Potentials has identified disclosure concerns and (202) 343–2342; email address: to the General Provisions and for which the reporting deadline was [email protected]. For technical Amendments and Confidentiality deferred until March 31, 2015. In information, please go to the Determinations for Fluorinated Gas addition, this action establishes Greenhouse Gas Reporting Rule Program Production confidentiality determinations for Web site at http://www.epa.gov/ certain reporting requirements of the ghgreporting/index.html. To submit a AGENCY: Environmental Protection Fluorinated Gas Production source question, select Rule Help Center, Agency. category. followed by Contact Us. ACTION: Final rule. DATES: This final rule is effective on Worldwide Web (WWW). In addition SUMMARY: The Environmental Protection January 1, 2015. to being available in the docket, an Agency (EPA) is adding chemical- ADDRESSES: All documents in the docket electronic copy of this final rule will specific and default global warming are listed in the http:// also be available through the WWW. potentials (GWPs) for a number of www.regulations.gov index. Although Following the Administrator’s signature, fluorinated greenhouse gases (F–GHGs) listed in the index, some information is a copy of this action will be posted on and fluorinated heat transfer fluids (F– not publicly available (e.g., confidential the EPA’s Greenhouse Gas Reporting HTFs) to the general provisions of the business information (CBI) or other Program rule Web site at http:// Greenhouse Gas Reporting Rule. information whose disclosure is www.epa.gov/ghgreporting/index.html. Currently, these fluorinated GHGs and restricted by statute). Certain other SUPPLEMENTARY INFORMATION: HTFs are not assigned GWPs under the material, such as copyrighted material, Regulated Entities. The Administrator rule. The changes will increase the will be publicly available only in hard determined that this action is subject to completeness and accuracy of the copy. Publicly available docket the provisions of Clean Air Act (CAA) carbon dioxide (CO2)-equivalent materials are available either section 307(d). See CAA section emissions calculated and reported by electronically in http:// 307(d)(1)(V) (the provisions of CAA suppliers and emitters of fluorinated www.regulations.gov or in hard copy at section 307(d) apply to ‘‘such other GHGs and HTFs. The EPA is also the Air Docket, EPA WJC West Building, actions as the Administrator may making conforming changes to the Room 3334, 1301 Constitution Ave. determine’’). These are amendments to provisions for the Electronics NW., Washington, DC. This Docket existing regulations and affect emitters Manufacturing and Fluorinated Gas Facility is open from 8:30 a.m. to 4:30 and suppliers of fluorinated GHGs. Production source categories. In p.m., Monday through Friday, excluding Regulated categories and examples of addition, the EPA is amending certain legal holidays. The telephone number affected entities include those listed in provisions of the Fluorinated Gas for the Public Reading Room is (202) Table 1 of this preamble. TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY Category NAICS Examples of affected facilities Electrical Equipment Use ......................... 221121 Electric bulk power transmission and control facilities. Electrical Equipment Manufacture or Re- 33531 Power transmission and distribution switchgear and specialty transformers manu- furbishment. facturing facilities. Electronics Manufacturing ........................ 334111 Microcomputers manufacturing facilities. 334413 Semiconductor, photovoltaic (solid-state) device manufacturing facilities. 334419 Liquid crystal display unit screens manufacturing facilities. 334419 Micro-electro-mechanical systems manufacturing facilities. Fluorinated Gas Production ...................... 325120 Industrial gases manufacturing facilities. Importers and Exporters of Pre-charged 423730 Air-conditioning equipment (except room units) merchant wholesalers. Equipment and 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. Magnesium Production ............................. 331419 Primary refiners of nonferrous metals by electrolytic methods. Table 1 of this preamble is not action. Types of facilities different from this action, you should carefully intended to be exhaustive, but rather those listed in the table could also be examine the applicability criteria found provides a guide for readers regarding subject to reporting requirements. To in 40 CFR part 98, subpart A or the facilities likely to be affected by this determine whether you are affected by relevant criteria in subparts I, L, T, DD, VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\11DER3.SGM 11DER3 tkelley on DSK3SPTVN1PROD with RULES3 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 73751 SS, OO, and QQ. If you have questions are afforded this reasonable amount of separately in any civil or criminal regarding the applicability of this action time. This is particularly true given that proceedings brought by the EPA to to a particular facility, consult the most of the revisions being made in this enforce these requirements. person listed in the preceding FOR package provide flexibilities to sources Acronyms and Abbreviations. The FURTHER INFORMATION CONTACT section. covered by the reporting rule or require following acronyms and abbreviations What is the effective date? The final no additional action by affected sources. are used in this document. rule is effective on January 1, 2015. We do not anticipate that finalizing the APA Administrative Procedure Act Section 553(d) of the Administrative GWPs in this action will expand the set AR4 IPCC Fourth Assessment Report Procedure Act (APA), 5 U.S.C. Chapter of facilities required to report under the AR5 IPCC Fifth Assessment Report 5, generally provides that rules may not Greenhouse Gas Reporting rule. CAA Clean Air Act take effect earlier than 30 days after they However, in the event that this occurs, CBI confidential business information are published in the Federal Register. these amendments include flexibility CFC chlorofluorocarbon CFR Code of Federal Regulations EPA is issuing this final rule under provisions such as Best Available section 307(d)(1) of the Clean Air Act, CH4 methane Monitoring Methods. We balance these CO carbon dioxide which states: ‘‘The provisions of section 2 circumstances with the need for the CO2e carbon dioxide equivalent 553 through 557 * * * of Title 5 shall amendments to be effective by January DE destruction efficiency not, except as expressly provided in this 1, 2015; a delayed effective date would EAR Export Administration Regulations section, apply to actions to which this result in regulatory uncertainty, EF emission factor subsection applies.’’ Thus, section program disruption, and an inability to ECF emission calculation factor e-GGRT Electronic Greenhouse Gas 553(d) of the APA does not apply to this have the amendments (many of which rule. EPA is nevertheless acting Reporting Tool clarify requirements, relieve burden, EPA U.S. Environmental Protection Agency consistently with the purposes and/or are made at the request of the FR Federal Register underlying APA section 553(d) in regulated facilities) effective for the F–GHG fluorinated greenhouse gas making this rule effective on January 1, 2015 reporting year. Accordingly, we F–HTF fluorinated heat transfer fluid 2015. Section 5 U.S.C. 553(d)(3) allows find good cause exists to make this rule GHG greenhouse gas an effective date less than 30 days after effective on January 1, 2015, consistent GHGRP Greenhouse Gas Reporting Program publication ‘‘as otherwise provided by with the purposes of 5 U.S.C. 553(d)(3). GWP global warming potential
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