![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Corrections and Updates to Technical Guidelines for Voluntary Greenhouse Gas Reporting
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 31, 2007 (Volume 72, Number 20)]
[Rules and Regulations]
[Page 4411-4414]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja07-1]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
DEPARTMENT OF ENERGY
10 CFR Part 300
RIN 1901-AB23
Corrections and Updates to Technical Guidelines for Voluntary
Greenhouse Gas Reporting
AGENCY: Office of Policy and International Affairs, Department of Energy.
ACTION: Interim final rule and request for comment.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) today publishes an interim
final rule that corrects, updates, and makes clarifying changes to
Technical Guidelines used for reporting under the Voluntary Reporting
of Greenhouse Gases Program authorized by section 1605(b) of the Energy
Policy Act of 1992. The Technical Guidelines were incorporated by
reference in final program guidelines that were published on April 21,
2006, and placed in the Code of Federal Regulations (CFR). In
accordance with the rules governing incorporation by reference in the
CFR, DOE is amending its program regulations to reflect the update of
the Technical Guidelines.
DATES: Effective Date: This interim final rule is effective March 2,
2007, unless comments received warrant or necessitate a later effective
date. The incorporation by reference of the updated Technical
Guidelines is approved by the Director of the Federal Register as of
March 2, 2007.
Comment Date: Written comments must be received by February 20,
2007. Comments may be mailed to the address given in the ADDRESSES
section below. Comments also may be submitted electronically by e-
mailing them to: 1605bguidelines.comments@hq.doe.gov. We note that e-
mail submissions will avoid delay currently associated with security
screening of U.S. Postal Service mail.
ADDRESSES: You may submit written comments, identified by RIN 1901-
AB23, by any of the following methods:
1. E-mail to 1605bguidelines.comments@hq.doe.gov. Include RIN 1901-
AB23 and ``Interim Final Rule Comments'' in the subject line of the e-
mail. Please include the full body of your comments in the text of the
message or an attachment.
2. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
3. Mail: Address the comments to Mark Friedrichs, PI-40, Office of
Policy and International Affairs, U.S. Department of Energy, Forrestal
Building, 1000 Independence Avenue, SW., Washington, DC 20585. DOE
requires, in hard copy, a signed original and three copies of all
comments. Due to potential delays in the DOE's receipt and processing
of mail sent through the U.S. Postal Service, we encourage commenters
to submit comments electronically to ensure timely receipt.
FOR FURTHER INFORMATION CONTACT: Mark Friedrichs, PI-40, Office of
Policy and International Affairs, U.S. Department of Energy, 1000
Independence Avenue, SW., Washington, DC 20585, or e-mail:
1605bguidelines.comments@hq.doe.gov. Phone: (202) 586-0124.
SUPPLEMENTARY INFORMATION:
I. Background and Discussion of Interim Final Rule
II. Regulatory Review
III. Approval of the Office of Secretary
I. Background and Discussion of Interim Final Rule
Section 1605(b) of the Energy Policy Act of 1992 directed DOE to
issue guidelines establishing a voluntary greenhouse gas reporting
program (42 U.S.C. 13385(b)). On February 14, 2002, the President
directed DOE, together with other involved Federal agencies, to
recommend reforms to enhance the Voluntary Reporting of Greenhouse
Gases Program established by DOE in 1994. On April 21, 2006, following
a lengthy public review process, DOE published revised final General
Guidelines for Voluntary Greenhouse Gas Reporting (71 FR 20784). Those
guidelines incorporated by reference detailed Technical Guidelines,
dated March 2006, that are needed to fully implement the revised
Voluntary Reporting of Greenhouse Gases Program.
Subsequent to the April 21, 2006 publication of the revised final
General Guidelines and during preparation of new forms and instructions
for reporting, DOE identified a number of errors and inconsistencies in
the Technical Guidelines that warrant correction or clarification. To
ensure that any revision of the March 2006 Technical Guidelines
addressed as many of these problems as possible, on August 3, 2006, DOE
sent a message by electronic mail to all persons who had previously
expressed an interest in the guidelines and requested that they
identify any needed technical corrections, clarifications,
interpretations or other changes to the guidelines. Subsequently, DOE
received communications that recommended additional corrections and
other changes for consideration.
Following a careful review of the recommended corrections and other
suggested changes, DOE made those modifications to the Technical
Guidelines that it believed were necessary to correct all the
identified errors and inconsistencies or other ambiguities, while
adhering to the essential language and intent of the March 2006 version
of the Technical Guidelines. The updated version of the Technical
Guidelines is dated January 2007.
The regulations of the Administrative Committee of the Federal
Register provide that an agency that seeks to change a document
approved for incorporation by reference in a regulation must: (1)
Publish notice of the change in the Federal Register and amend the Code
of Federal Regulations; (2) ensure that a copy of the amendment or
revision is on file at the Office of the Federal Register; and (3)
notify the Director of the Federal Register in writing that the changes
are being made. 1 CFR 51.11(a). Accordingly, DOE sent the January 2007
update of the Technical Guidelines to the Director of the Federal
Register and obtained his approval of the incorporation by reference of
the January 2007 Technical Guidelines in the regulations for the
section 1605(b) program that are published in the Federal Register and
the Code of Federal Regulations. By today's interim final rule, DOE
changes the date of the Technical Guidelines
[[Page 4412]]
from March 2006 to January 2007 in 10 CFR 300.13.
DOE believes that all of the modifications in the January 2007
version of the Technical Guidelines are fully consistent with the
section 1605(b) program's General Guidelines and DOE's original intent
regarding the methods and other guidance provided in the Technical
Guidelines. Before these changes are made final, however, DOE is
providing an opportunity for public review and comment on the specific
changes that DOE has made. DOE is specifically soliciting public
comment on whether any of the changes DOE has made are inconsistent
with the General Guidelines. The revised January 2007 Technical
Guidelines are available on the web at: http://www.pi.energy.gov/
enhancingGHGregistry/. DOE is making two versions of the updated
Technical Guidelines available on the Web site. One version shows all
of the changes made since the March 2006 Technical Guidelines were
issued, with the new text underscored and the deleted text marked as
deleted. The second version includes all the changes, but does not
highlight them.
The changes and clarifications included in the updated Technical
Guidelines fall into the following categories:
Corrections of factual and drafting errors. The updated Technical
Guidelines correct a number of clerical or typographical errors that
appeared in the March 2006 Technical Guidelines. The errors include
inaccurate physical values, repeated text, misplaced definitions, and
incorrect citations or Web site links.
Elimination of inconsistencies. There were instances where language
in the March 2006 Technical Guidelines was not entirely consistent with
the General Guidelines or with language in other parts of the Technical
Guidelines. DOE has revised the Technical Guidelines to eliminate this
inconsistency. In cases where the Technical Guidelines were internally
inconsistent, DOE endeavored to remove this inconsistency by retaining
the language it determined was most consistent with DOE's original
intent, as explained in the preambles to the interim final General
Guidelines published on March 24, 2005 (70 FR 15171-81) and the final
General Guidelines published on April 21, 2006 (71 FR 20785-803).
Updated references. In some cases, the March 2006 Technical
Guidelines do not refer to the most current versions of documents
referenced in the guidelines, even though some of those documents were
in the public domain before the issuance of the final guidelines. The
updated Technical Guidelines include a number of updates to referenced
documents. During the development of the updated Technical Guidelines,
consideration was given to referencing the 2006 emission inventory
guidelines of the Intergovernmental Panel on Climate Change (IPCC).
While these guidelines are generally viewed as the best available
inventory guidelines, they have yet to be officially adopted by the UN
Framework Convention on Climate Change. Since DOE's Energy Information
Administration has authority under the Technical Guidelines to update
the factors and methodologies based on the IPCC guidelines as soon as
it is appropriate to do so, no change to the Technical Guidelines is
necessary at this time.
Clarifications of intent. In some instances the language used in
the March 2006 Technical Guidelines was confusing or vague. In the
updated version, DOE added clarifying words or text where a
modification was likely to significantly enhance reader comprehension.
Modification or elimination of inappropriate calculation methods.
In a few cases, commenters or DOE identified certain calculation
methods as inappropriate for the purposes stated in the Technical
Guidelines. For example, DOE eliminated the action-specific method for
calculating the reductions associated with the recovery of methane from
anaerobic digesters of animal waste because DOE concluded that this
method is not needed to calculate reductions associated with these
sources of emissions and is inconsistent with other guidance in both
the General Guidelines and other parts of the Technical Guidelines. In
other cases, formulas or factors were modified to ensure the
applicability of the methods to the sources identified.
DOE did not adopt in the January 2007 Technical Guidelines some
clarifications or other changes recommended by stakeholders. In some
cases, the stakeholders sought modifications that would be inconsistent
with the General Guidelines or outside the scope of the guidelines
under section 1605(b). DOE may consider additional changes to the
Technical Guidelines when it conducts the periodic reviews provided for
in 10 CFR 300.1(f).
II. Regulatory Review
A. Review Under Executive Order 12866
Today's regulatory action has been determined to not be a
``significant regulatory action'' under Executive Order 12866,
``Regulatory Planning and Review,'' 58 FR 51735 (October 4, 1993), as
amended by Executive Order 13258, 67 FR 9385 (February 26, 2002).
Accordingly, this action was not subject to review under that Executive
Order by the Office of Information and Regulatory Affairs of the Office
of Management and Budget (OMB).
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires that an agency prepare an initial regulatory flexibility
analysis for any regulation when a general notice of proposed
rulemaking is required, unless the agency certifies that the rule, if
promulgated, will not have a significant economic impact on a
substantial number of small entities (5 U.S.C. 605(b)). This rule makes
corrections, updates and clarifying changes to Technical Guidelines for
the Voluntary Reporting of Greenhouse Gases Program incorporated by
reference in General Guidelines published on April 21, 2006. These
changes do not affect the burden on the entities that report emissions
under the section 1605(b) program. Moreover, as stated in the April
2006 notice of final guidelines, the reporting program is voluntary and
DOE anticipates that small entities will weigh the benefits and costs
when deciding to participate. On the basis of the foregoing, DOE
certifies that these amendments to the Technical Guidelines will not
have a significant economic impact on a substantial number of small
entities. Accordingly, DOE has not prepared a regulatory flexibility
analysis for this rulemaking. DOE will provide this certification and
supporting statement of factual basis to the Chief Counsel for Advocacy
of the Small Business Administration pursuant to 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act
The Energy Information Administration (EIA) on November 9, 2006 (71
FR 65786) submitted the new forms and associated instructions for
reporting under the April 2006 revised guidelines to OMB for review and
approval in accordance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). The changes to the Technical Guidelines made by
today's interim final rule do not include any additional information
collection requirements.
D. Review Under the National Environmental Policy Act
DOE has concluded that promulgation of this rule falls into the
class of actions
[[Page 4413]]
that does not individually or cumulatively have a significant impact on
the human environment as set forth in DOE's regulations implementing
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Specifically, the interim final rule is covered under the categorical
exclusion in paragraph A5 of Appendix A to subpart D, 10 CFR part 1021,
which applies to rulemaking interpreting or amending an existing rule
or regulation that does not change the environmental effect of the rule
or regulation being amended. Accordingly, neither an environmental
assessment nor an environmental impact statement is required.
E. Review Under the Unfunded Mandates Reform Act of 1969
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written assessment of the
effects of any Federal mandate in a proposed or final agency regulation
that may result in the expenditure by states, tribal, or local
governments, on the aggregate, or by the private sector, of $100
million in any one year. The Act also requires a Federal agency to
develop an effective process to permit timely input by elected
officials of state, tribal, or local governments on a proposed
``significant intergovernmental mandate,'' and requires an agency plan
for giving notice and opportunity to provide timely input to
potentially affected small governments before establishing any
requirements that might significantly or uniquely affect small
governments. DOE has determined that the rule published today does not
contain any Federal mandates affecting states, tribal, or local
governments, so these requirements do not apply.
F. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4779 (February 7, 1996) imposes on
Federal agencies the general duty to adhere to the following
requirements: Eliminate drafting errors and needless ambiguity, write
regulations to minimize litigation, provide a clear legal standard for
affected conduct rather than a general standard, and promote
simplification and burden reduction. Section 3(b) requires Federal
agencies to make every reasonable effort to ensure that a regulation,
among other things: Clearly specifies the preemptive effect, if any,
adequately defines key terms, and addresses other important issues
affecting the clarity and general draftsmanship under guidelines issued
by the Attorney General. Section 3(c) of Executive Order 12988 requires
Executive agencies to review regulations in light of applicable
standards in section 3(a) and section 3(b) to determine whether they
are met or it is unreasonable to meet one or more of them. DOE has
completed the required review and determined that, to the extent
permitted by law, this interim final rule meets the relevant standards
of Executive Order 12988.
G. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10,
1999) imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. Agencies are required to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and carefully assess
the necessity for such actions. DOE has examined this interim final
rule and has determined that it would not preempt State law and would
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 responsibility among the various levels of government. No
further action is required by the Executive Order.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a
``Family Policymaking Assessment'' for any rule that may affect family
well-being. This rule has no impact on the autonomy or integrity of the
family as an institution. Accordingly, DOE has concluded that it is not
necessary to prepare a Family Policymaking Assessment.
I. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy, Supply, Distribution, or Use,'' 66 FR
28355 (May 22, 2001) requires preparation and submission to OMB of a
Statement of Energy Effects for significant regulatory actions under
Executive Order 12866 that are likely to have a significant adverse
effect on the supply, distribution, or use of energy. DOE has
determined that the rule published today is not a significant
regulatory action and will not have a significant adverse effect on the
supply, distribution, or use of energy and, thus, the requirement to
prepare a Statement of Energy Effects does not apply.
J. Review Under the Treasury and General Government Appropriations Act,
2001
The Treasury and General Government Appropriations Act, 2001 (44
U.S.C. 3516 note) provides for agencies to review most dissemination of
information to the public under guidelines established by each agency
pursuant to general guidelines issued by OMB. OMB's guidelines were
published at 67 FR 8452 (February 22, 2002), and DOE's guidelines were
published at 67 FR 62446 (October 7, 2002). DOE has reviewed today's
interim final rule under the OMB and DOE guidelines, and concluded that
it is consistent with applicable policies in those guidelines.
K. Congressional Notification
As required by 5 U.S.C. 801, DOE will submit to Congress a report
regarding the issuance of today's interim final rule prior to the
effective date set forth at the outset of this rulemaking. The report
will state that it has been determined that the rule is not a ``major
rule'' as defined by 5 U.S.C. 801(2).
III. Approval of the Office of the Secretary
The Secretary of Energy has approved the publication of this
interim final rule.
List of Subjects in 10 CFR Part 300
Administrative practice and procedure, Energy, Gases, Incorporation
by reference, Reporting and recordkeeping requirements.
Issued in Washington, DC on January 25, 2007.
Karen A. Harbert,
Assistant Secretary for Policy and International Affairs.
? For the reasons set forth in the preamble, the Department of Energy
amends part 300 of title 10, chapter II, subchapter B of the Code of
Federal Regulations as set forth below.
PART 300--VOLUNTARY GREENHOUSE GAS REPORTING PROGRAM: GENERAL GUIDELINES
? 1. The authority citation for part 300 continues to read as follows:
Authority: 42 U.S.C. 7101 et seq., and 42 U.S.C. 13385(b).
? 2. The first sentence of Sec. 300.13 is revised to read as follows:
Sec. 300.13 Incorporation by reference.
The Technical Guidelines for the Voluntary Reporting of Greenhouse
[[Page 4414]]
Gases (1605(b)) Program (January 2007), referred to throughout this
part as the ``Technical Guidelines,'' have been approved for
incorporation by reference by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. * * *
[FR Doc. E7-1436 Filed 1-30-07; 8:45 am]
BILLING CODE 6450-01-P