selection please see the Thresholds TSD (EPA-HQ-OAR-2008-0508-046) and
Section III.C.3 of this preamble.

EPA conducted a screening assessment comparing compliance costs for
affected industry sectors to industry-specific receipts data for
establishments owned by small businesses.  This ratio constitutes a
“sales” test that computes the annualized compliance costs of this
rule as a percentage of sales and determines whether the ratio exceeds
some level (e.g., 1one percent or 3three percent). The cost-to-sales
ratios were constructed at the establishment level (average reporting
program costs per establishment/average establishment receipts) for
several business size ranges.  This allowed EPA to account for receipt
differences between establishments owned by large and small businesses
and differences in small business definitions across affected
industries.  The results of the screening assessment are shown in Table
VII-5 of this preamble.

Table VII-5. Estimated Cost-To-Sales Ratios by Industry and Enterprise
Sizea

Industry	NAICS	NAICS Description	SBA Size Standard (effec-tive March 11,
2008)	Average Cost Per Entity ($1,000/entity)	All Enter-

prises	Owned by Enterprises with:

<20 Employ-

eesf	20 to 99 Employ-ees	100 to 499 Employ-

ees	500 to 749 Employ-

ees	750 to 999 Employ-ees	1,000 to 1,499 Employ-ees

Oil and Gas Extraction	211	Oil & gas extraction 	500	$2 	0.0%	0.2%	0.0%
0.0%	0.0%	0.0%	0.0%

SF6 from Electrical Systems	221	Utilities 	b	$5 	0.0%	0.2%	0.0%	0.0%
0.0%	0.0%	0.0%

Pulp & Paper Manufacturing	322	Paper mfg 	500 to 750	$20 	0.1%	1.2%	0.2%
0.1%	0.0%	0.0%	0.0%

Petroleum and Coal Products	324	Petroleum & coal products mfg 	c	$21
0.0%	0.6%	0.1%	0.1%	0.0%	0.2%	0.0%

Chemical Manufacturing	325	Chemical mfg 	500 to 1,000	$14 	0.0%	0.7%
0.1%	0.0%	0.0%	0.0%	0.0%

Cement & Other Mineral Production	327	Nonmetallic mineral product mfg
500 to 1,000	$50 	0.8%	4.8%	0.9%	0.5%	0.4%	0.5%	0.4%

Primary Metal Manufacturing	331	Primary metal mfg 	500 to 1,000	$26
0.1%	2.1%	0.3%	0.1%	0.1%	0.0%	0.0%

Oil & Natural Gas Transportation	486	Pipeline transportation 	d	$4 	0.0%
0.0%	0.2%	0.1%	NA	NA	NA

Waste Management and Remediation Services	562	Waste management &
remediation services 	e	$5 	0.2%	0.7%	0.1%	0.1%	0.0%	0.0%	0.0%

Adipic Acid	325199	All other basic organic chemical mfg 	1,000	$24 	0.0%
0.9%	0.3%	0.1%	NA	0.0%	NA

Ammonia	325311	Nitrogenous fertilizer mfg 	1,000	$17 	0.1%	0.9%	0.5%	NA
NA	NA	NA

Cement	327310	Cement mfg 	750	$63 	0.2%	2.0%	1.5%	0.3%	NA	NA	0.1%

Ferroalloys	331112	Electrometallurgical ferroalloy product mfg 	750	$9
0.0%	NA	NA	NA	NA	NA	NA

Glass	3272	Glass & glass product mfg 	500 to 1,000	$8 	0.1%	1.4%	0.2%
0.0%	0.0%	0.1%	0.0%

Hydrogen Production	325120	Industrial gas mfg 	1,000	$3 	0.0%	0.6%	0.0%
0.1%	NA	NA	NA

Iron and Steel 	331112	Electrometallurgical ferroalloy product mfg 	750
$30 	0.1%	NA	NA	NA	NA	NA	NA

Lead Production	3314	Nonferrous metal (except aluminum) production &
processing 	750 to 1,000	$10 	0.0%	0.6%	0.1%	0.0%	NA	NA	0.0%

Lime Manufacturing	327410	Lime mfg 	500	$60 	0.4%	16.5%	1.2%	NA	NA	NA	NA

Nitric Acid	325311	Nitrogenous fertilizer mfg 	1,000	$20 	0.1%	1.0%	0.6%
NA	NA	NA	NA

Petrochemical	324110	Petroleum refineries 	c	$27 	0.0%	0.4%	0.0%	0.0%
0.0%	NA	NA

Phosphoric Acid	325312	Phosphatic fertilizer mfg 	500	$60 	0.1%	10.1%	NA
NA	NA	NA	NA

Pulp and Paper	322110	Pulp mills 	750	$20 	0.0%	1.4%	NA	NA	NA	NA	NA

Refineries	324110	Petroleum refineries 	c	$41 	0.0%	0.6%	0.0%	0.0%	0.0%
NA	NA

Silicon Carbide	327910	Abrasive product mfg 	500	$10 	0.1%	0.8%	0.2%
0.1%	NA	NA	NA

Soda Ash Manufacturing	3251	Basic chemical mfg 	500 to 1,000	$16 	0.0%
0.5%	0.1%	0.0%	0.0%	0.0%	0.0%

Titanium Dioxide	325188	All other basic inorganic chemical mfg 	1,000
$10 	0.0%	0.7%	0.4%	0.1%	NA	NA	NA

Zinc Production	3314	Nonferrous metal (except aluminum) production &
processing 	750 to 1,000	$13 	0.1%	0.9%	0.1%	0.0%	NA	NA	0.0%

a The Census Bureau defines an enterprise as a business organization
consisting of one or more domestic establishments that were specified
under common ownership or control.  The enterprise and the establishment
are the same for single-establishment firms.  Each multi-establishment
company forms one enterprise—the enterprise employment and annual
payroll are summed from the associated establishments.  Enterprise size
designations are determined by the summed employment of all associated
establishments.

Since the SBA’s business size definitions (http://www.sba.gov/size)
apply to an establishment’s ultimate parent company, we assume in this
analysis that the enterprise definition above is consistent with the
concept of ultimate parent company that is typically used for SBREFA
screening analyses.

b NAICS codes 221111, 221112, 221113, 221119, 221121, 221122 – A firm
is small if, including its affiliates, it is primarily engaged in the
generation, transmission, and/or distribution of electric energy for
sale and its total electric output for the preceding fiscal year did not
exceed 4four million MW hours.

c 500 to 1,500.  For NAICS code 324110 – For purposes of Government
procurement, the petroleum refiner must be a concern that has no more
than 1,500 employees nor more than 125,000 barrels per calendar day
total Operable Atmospheric Crude Oil Distillation capacity.  Capacity
includes owned or leased facilities as well as facilities under a
processing agreement or an arrangement such as an exchange agreement or
a throughput.  The total product to be delivered under the contract must
be at least 90 percent refined by the successful bidder from either
crude oil or bona fide feedstocks.

d NAICS codes 486110 = 1,500 employees; NAICS 486210=$6.5 million annual
receipts; NAICS 486910 = 1,500 employees; and NAICS 486990 =$11.5
million annual receipts.

e Ranges from $6.5 to $13.0 million annual receipts; Environmental
Remediation services has a 500 employee definition and the following
criteria.  NAICS 562910 – Environmental Remediation Services:

1) For SBA assistance as a small business concern in the industry of
Environmental Remediation Services, other than for Government
procurement, a concern must be engaged primarily in furnishing a range
of services for the remediation of a contaminated environment to an
acceptable condition including, but not limited to, preliminary
assessment, site inspection, testing, remedial investigation,
feasibility studies, remedial design, containment, remedial action,
removal of contaminated materials, storage of contaminated materials and
security and site closeouts.  If one of such activities accounts for 50
percent or more of a concern'sconcern’s total revenues, employees, or
other related factors, the concern'sconcern’s primary industry is that
of the particular industry and not the Environmental Remediation
Services Industry.

2) For purposes of classifying a Government procurement as Environmental
Remediation Services, the general purpose of the procurement must be to
restore a contaminated environment and also the procurement must be
composed of activities in three or more separate industries with
separate NAICS codes or, in some instances (e.g., engineering), smaller
sub-components of NAICS codes with separate, distinct size standards.
These activities may include, but are not limited to, separate
activities in industries such as: Heavy Construction; Special Trade
Construction; Engineering Services; Architectural Services; Management
Services; Refuse Systems; Sanitary Services, Not Elsewhere Classified;
Local Trucking Without Storage; Testing Laboratories; and Commercial,
Physical and Biological Research.  If any activity in the procurement
can be identified with a separate NAICS code, or component of a code
with a separate distinct size standard, and that industry accounts for
50 percent or more of the value of the entire procurement, then the
proper size standard is the one for that particular industry, and not
the Environmental Remediation Service size standard.

f Given the Agency’s selected thresholds, enterprises with fewer than
20 employees are likely to be excluded from the reporting program.

NA: Not available.  SUSB did not report the data necessary to calculate
this ratio.

EPA was not able to calculate a cost-to-sales ratio for manure
management (NAICS 112) as Statistics of U.S. Businesses ([SUSB]SBA,
2008a) data do not provide establishment information for agricultural
NAICS codes (e.g., NAICS 112 which covers manure management).  EPA
estimates that the total first year reporting costs for the entire
manure management industry to be $0.3 million with an average cost per
ton of CO2e reported of $0.07.

As shown, the cost-to-sales ratios are less than 1 one percent for
establishments owned by small businesses that EPA considers most likely
to be covered by the reporting program (e.g. establishments owned by
businesses with 20 or more employees).

EPA acknowledges that several enterprise categories have ratios that
exceed this threshold (e.g., enterprise with one to 20 employees).  EPA
took a conservative approach with the model entity analysis.  Although
the appropriate SBA size definition should be applied at the parent
company (enterprise) level, data limitations allowed us only to compute
and compare ratios for a model establishment within several enterprise
size ranges.  To assess the likelihood that these small businesses will
be covered by the rule, we performed several case studies for
manufacturing industries where the cost-to-receipt ratio exceeded 1one
percent.  For each industry, we used and applied emission data from a
recent study examining emission thresholds.  This study provides
industry-average CO2 emission rates (e.g., tons per employee) for these
manufacturing industries.

The case studies showed two industries (cement and lime manufacturing)
where emission rates suggest small businesses of this employment size
could potentially be covered by the rule.  As a result, EPA examined
corporate structures and ultimate parent companies were identified using
industry surveys and the latest private databases such as Dun &
Bradstreet.  The results of this analysis show cost to sales ratios
below 1one percent.

For the other enterprise categories identified with ratios between 1one
percent and 3three percent EPA examined industry specific bottom up
databases and previous industry specific studies to ensure that no
entities with less than 20 employees are captured under the rule.

Although this rule will not have a significant economic impact on a
substantial number of small entities, the Agency nonetheless tried to
reduce the impact of this rule on small entities, including seeking
input from a wide range of private- and public-sector stakeholders.
When developing the rule, the Agency took special steps to ensure that
the burdens imposed on small entities were minimal.  The Agency
conducted several meetings with industry trade associations to discuss
regulatory options and the corresponding burden on industry, such as
recordkeeping and reporting.  The Agency investigated alternative
thresholds and analyzed the marginal costs associated with requiring
smaller entities with lower emissions to report.  The Agency also
recommended a hybrid method for reporting, which provides flexibility to
entities and helps minimize reporting costs.

Additional analysis for a model small government also showed that the
annualized reporting program costs were less than 1one percent of
revenue.  These impacts are likely representative of ratios in
industries where data limitations do not allow EPA to compute sales
tests (e.g., general stationary combustion and manure management).
Potential impacts of the rule on small governments were assessed
separately from impacts on Federal Agencies.  Small governments and
small non-profit organizations may be affected if they own affected
stationary combustion sources, landfills, or natural gas suppliers.
However, the estimated costs under the rule are estimated to be small
enough that no small government or small non-profit is estimated to
incur significant impacts.  For example, from the 2002 Census (in
$2006), revenues for small governments (counties and municipalities)
with populations fewer than 10,000 are $3 million, and revenues for
local governments with populations less than 50,000 is $7 million.  As
an upper bound estimate, summing typical per-respondent costs of
combustion plus landfills plus natural gas suppliers yields a cost of
approximately $18,000 per local government.  Thus, for the smallest
group of local governments (<10,000 people), cost-to-revenue ratio is
0.7 percent.  For the larger group of governments less than 50,000, the
cost-to-revenue ratio is 0.2 percent.

2.  Summary of Comments and Responses

Comment:  Comments received on small business impacts focused on the
economic burden to small businesses for compliance with mandatory GHG
reporting.  One commenter noted that lowering the reporting threshold
below the proposed 25,000 metric ton CO2e level would disproportionately
affect small businesses. Another commenter stated that small businesses
are not well equipped to handle detailed requirements for reporting and
that the proposed rule would impose a large burden for monitoring,
recordkeeping, and reporting activities.

Additional comments received requested that EPA establish a Small
Business Regulatory Enforcement and Fairness ACT (SBREFA) process to
investigate the impacts that the proposed rule would have on small
businesses.

Response:  As summarized above, EPA investigated alternative thresholds
and analyzed the marginal costs associated with requiring smaller
entities with lower emissions to report.  EPA recognized the additional
burden placed on small entities at lower thresholds, and had retained
the hybrid method for reporting that includes a 25,000 metric ton CO2e
level threshold.  Under this threshold, EPA has assessed the economic
impact of the final rule on small entities and concluded that this
action will not have a significant economic impact on a substantial
number of small entities.

For this reason, EPA did not establish a SBREFA panel process for the
rulemaking. The summary of the factual basis for the certification is
provided in the preamble for the rule.   Complete documentation of the
analysis can be found in the Final Regulatory Impact Analysis (RIA),
Section 5.2 of the RIA for the final rule.

E.  What are the benefits of the rule for society?

1.  Summary of Method Used to Estimate Compliance Costs

EPA examined the potential benefits of the GHG reporting rule.  The
benefits of a reporting system are based on their relevance to policy
making, transparency issues, and market efficiency.  Benefits are very
difficult to quantify and monetize.  Instead of a quantitative analysis
of the benefits, EPA conducted a systematic literature review of
existing studies including government, consulting, and scholarly
reports.

A mandatory reporting system will benefit the public by increased
transparency of facility emissions data.  Transparent, public data on
emissions allows for accountability of polluters to the public
stakeholders who bear the cost of the pollution.  Citizens, community
groups, and labor unions have made use of data from Pollutant Release
and Transfer Registers to negotiate directly with polluters to lower
emissions, circumventing greater government regulation.  Publicly
available emissions data also will allow individuals to alter their
consumption habits based on the GHG emissions of producers.

The greatest benefit of mandatory reporting of industry GHG emissions to
government will be realized in developing future GHG policies.  For
example, in the EU’s Emissions Trading System, a lack of accurate
monitoring at the facility level before establishing CO2 allowance
permits resulted in allocation of permits for emissions levels an
average of 15 percent above actual levels in every country except the
United Kingdom.

Benefits to industry of GHG emissions monitoring include the value of
having independent, verifiable data to present to the public to
demonstrate appropriate environmental stewardship, and a better
understanding of their emission levels and sources to identify
opportunities to reduce emissions.  Such monitoring allows for inclusion
of standardized GHG data into environmental management systems,
providing the necessary information to achieve and disseminate their
environmental achievements.

Standardization will also be a benefit to industry, once facilities
invest in the institutional knowledge and systems to report emissions,
the cost of monitoring should fall and the accuracy of the accounting
should improve.  A standardized reporting program will also allow for
facilities to benchmark themselves against similar facilities to
understand better their relative standing within their industry.

2.  Summary of Comments and Responses

Comment:  Comments received on the benefits of the mandatory reporting
program focused on the potential future uses of the collected data.
Additional comments on the benefits of the program were concerned that
the benefits of the rule are not quantified.

Response:  The data collected under this rule will provide comprehensive
and accurate data to inform future climate change policies.  Potential
future CAA and other climate policies include research and development
initiatives, economic incentives, new or expanded voluntary programs,
adaptation strategies, emission standards, a carbon tax, or a
cap-and-trade program.  Because EPA does not know at this time the
specific policies that may be adopted, the data reported through this
rule should be of sufficient quality to support a range of approaches.

Section VI of the Final Regulatory Impact Analysis (RIA) [DOCKET ##] for
the final rule summarizes the anticipated benefits of the rule, which
include providing the government with sound data on which to base future
policies and providing industry and the public independently verified
information documenting firms’ environmental performance.  While EPA
has not quantified the benefits of the mandatory reporting rule, EPA
believes that they are substantial and outweigh the estimated costs.

VIII.  Statutory and Executive Order Reviews

A.  Executive Order 12866: Regulatory Planning and Review

Under section 3(f)(1) of EO 12866 (58 FR 51735, October 4, 1993), this
action is an "economically significant regulatory action” because it
is likely to have an annual effect on the economy of $100 million or
more.  Accordingly, EPA submitted this action to the OMB for review
under EO 12866 and any changes made in response to OMB recommendations
have been documented in the docket for this action.

In addition, EPA prepared an analysis of the potential costs and
benefits associated with this action.  A copy of the analysis is
available in Docket No. EPA-HQ-OAR-2008-0508-002, the RIA for the final
rule, and is briefly summarized in Section VII of this preamble.

B.  Paperwork Reduction Act

The information collection requirements in this rule have been submitted
for approval to the Office of Management and Budget (OMB) under the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq.  The information
collection requirements are not enforceable until OMB approves them. The
ICR document prepared by EPA has been assigned EPA ICR number 2300.0103.

EPA plans to collect complete and accurate economy-wide data on
facility-level GHG emissions. Accurate and timely information on GHG
emissions is essential for informing future climate change policy
decisions.  Through data collected under this rule, EPA will gain a
better understanding of the relative emissions of specific industries,
and the distribution of emissions from individual facilities within
those industries.  The facility-specific data will also improve our
understanding of the factors that influence GHG emission rates and
actions that facilities are already taking to reduce emissions.
Additionally, EPA will be able to track the trend of emissions from
industries and facilities within industries over time, particularly in
response to policies and potential regulations.  The data collected by
this rule will improve EPA’s ability to formulate climate change
policy options and to assess which industries would be affected, and how
these industries would be affected by the options.

This information collection is mandatory and will be carried out under
CAA sections 114 and 208.  Information identified and marked as CBI will
not be disclosed except in accordance with procedures set forth in 40
CFR part 2.  However, emissions data collected under CAA sections 114
and 208 cannot generally be claimed as CBI and will be made public.

The projected cost and hour burden for non-federalFederal respondents is
$86.3 million and 1.21 million hours per year.  The estimated average
burden per response is 2two hours; the frequency of response is annual
for all respondents that must comply with the rule’s reporting
requirements, except for electricity generating units that are already
required to report quarterly under 40 CFR part 75 (EPA Acid Rain
Program); and the estimated average number of likely respondents per
year is 16,725.  The cost burden to respondents resulting from the
collection of information includes the total capital cost annualized
over the equipment’s expected useful life (averaging $9.1 million), a
total operation and maintenance component (averaging $11.0 million per
year), and a labor cost component (averaging $66.1 million per year).
Burden is defined at 5 CFR 1320.3(b).  These cost numbers differ from
those shown elsewhere in the RIA for the final rule because the ICR
costs represent the average cost over the first three years of the rule,
but costs are reported elsewhere in the RIA for the final rule for the
first year of the rule and for subsequent years of the rule.  In
addition, the ICR focuses on respondent burden, while the RIA for the
final rule includes EPA Agency costs.

An agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.  The OMB control numbers for EPA’s
regulations in 40 CFR are listed in 40 CFR part 9.  When this ICR is
approved by OMB, the Agency will publish a technical amendment to 40 CFR
part 9 in the Federal Register to display the OMB control number for the
approved information collection requirements contained in this final
rule.

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 today’s rule 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 final rule on small
entities, I therefore certify that this proposed/final rule will not
have a significant economic impact on a substantial number of small
entities.  However, EPA recognizes that some small entities continue to
be concerned about the potential impacts of the statutory imposition of
PSD requirements that may occur given the various EPA rulemakings
currently under consideration concerning greenhouse gas emissions.  As
explained in the preamble for the proposed PSD phase-in rule [cite FR
for phase-in rule, if possible], EPA is using the discretion afforded to
it under section 609(c) of the RFA to [placeholder for description of
small entity outreach].

The small entities directly regulated by this final rule include small
businesses across all sectors encompassed by the rule, small
governmental jurisdictions and small non-profits.  We have determined
that some small businesses will be affected because their production
processes emit GHGs that must be reported, because they have stationary
combustion units on site that emit GHGs that must be reported, or
because they have fuel supplier operations for which supply quantities
and GHG data must be reported.  Small governments and small non-profits
are generally affected because they have regulated landfills or
stationary combustion units on site, or because they own an LDC.

For affected small entities, EPA conducted a screening assessment
comparing compliance costs for affected industry sectors to
industry-specific data on revenues for small businesses.  This ratio
constitutes a “sales” test that computes the annualized compliance
costs of this final rule as a percentage of sales and determines whether
the ratio exceeds some level (e.g., 1one percent or 3 three percent).
The cost-to-sales ratios were constructed at the establishment level
(average compliance cost for the establishment/ average establishment
revenues).  As shown in Table VII-5 of this preamble, the cost-to-sales
ratios are less than 1one percent for establishments owned by small
businesses that EPA considers most likely to be covered by the reporting
program, those with more than 20 employees. For the few sectors where
the preliminary screening showed a cost-to-sales ratio exceeding 1one
percent, EPA’s examination of firm-specific sales information showed
that no affected entity was likely to incur costs exceeding 1one percent
of sales.

The screening analysis thus indicates that the final rule will not have
a significant economic impact on a substantial number of small entities.
 See Table VII-5 of this preamble for sector-specific results.  The
screening assessment for small governments compared the sum of average
costs of compliance for combustion, local distribution companies, and
landfills to average revenues for small governments.  Even for a small
government owning all three source types, the costs constitute less than
1one percent of average revenues for the smallest category of
governments (those with fewer than 10,000 people).

Although this final rule will not have a significant economic impact on
a substantial number of small entities, EPA nonetheless took several
steps to reduce the impact of this rule on small entities.  For example,
EPA determined appropriate thresholds that reduce the number of small
businesses reporting.  In addition, EPA is not requiring facilities to
install CEMS if they do not already have them.  Facilities without CEMS
can calculate emissions using readily available data or data that are
less expensive to collect such as process data or material consumption
data.  For some source categories, EPA developed tiered methods that are
simpler and less burdensome.  Also, EPA is requiring annual instead of
more frequent reporting.

Through comprehensive outreach activities prior to proposal of the rule,
EPA held approximately 100 meetings and/or conference calls with
representatives of the primary audience groups, including numerous trade
associations and industries that include small business members.
EPA’s outreach activities prior to proposal of the rule are documented
in the memorandum, “Summary of EPA Outreach Activities for Developing
the Greenhouse Gas Reporting Rule,” located in Docket No.
EPA-HQ-OAR-2008-0508-055.  After proposal, EPA posted a guide for small
businesses on the EPAEPA’s GHG reporting rule Web site, along with a
general fact sheet for the rule, information sheets for every source
category, and an FAQ document.  EPA also operated a hotline to answer
questions about the proposed rule.  We continued to meet with
stakeholders and entered documentation of all meetings into the docket.
We considered public comments, including comments from small businesses
and organizations that include small business members, in developing the
final rule.

During rule implementation, EPA will maintain an “open door” policy
for stakeholders to ask questions about the rule or provide suggestions
to EPA about the types of compliance assistance that would be useful to
small businesses.  EPA intends to develop a range of compliance
assistance tools and materials and conduct extensive outreach for the
final rule.

D.  Unfunded Mandates Reform Act (UMRA)

Title II of the UMRAUnfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538, requires Federal agencies, unless otherwise prohibited
by law, to assess the effects of their regulatory actions on State,
local, and Tribal governments and the private sector.

EPA has developed this regulation under authority of CAA sections 114
and 208.  The required activities under this Federal mandate include
monitoring, recordkeeping, and reporting of GHG emissions from multiple
source categories (e.g., combustion, process, and biologic).  This rule
contains a Federal mandate that may result in expenditures of $100
million for the private sector in any one year.  As described below, we
have determined that the expenditures for State, local, and Tribal
governments, in the aggregate, will be approximately $12.1 million per
year, based on average costs over the first three years of the rule,
including approximately $2 million during the first year of the rule for
governments to make a reporting determination and subsequently determine
that their emissions are below the threshold and thus, they are not
required to report their emissions.  Accordingly, EPA has prepared under
section 202 of the UMRA a written statement which is summarized below.

Consistent with the intergovernmental consultation provisions of section
204 of the UMRA, EPA initiated an outreach effort with the governmental
entities affected by this rule including State, local, and Tribal
officials.  EPA maintained an “open door” policy for stakeholders to
provide input on key issues and to help inform EPA’s understanding of
issues, including impacts to State, local and Tribal governments.  The
outreach audience included State environmental protection agencies,
regional and Tribal organizations, and other State and local government
organizations.  EPA contacted several States and State and regional
organizations already involved in GHG emissions reporting.  EPA also
conducted several conference calls with Tribal organizations during the
proposal phase.  For example, EPA staff provided information to tribes
through conference calls with multiple Tribal working groups and
organizations at EPA and through individual calls with two Tribal board
members of TRI.  In addition, EPA held meetings and conference calls
with groups such as TRI, National Association of Clean Air Agencies
(NACAA), ECOS, and with State members of RGGI, the Midwestern GHG
Reduction Accord, and WCI.  See the “Summary of EPA Outreach
Activities for Developing the Greenhouse Gas Reporting Rule,” in
Docket No. EPA-HQ-OAR-2008-0508-055 for a complete list of organizations
and groups that EPA contacted.

At proposal of the rule, EPA posted a guide for State and local agencies
on the Web site, along with other information sheets, to communicate key
aspects of the proposed rule to these agencies.  Several State and local
agencies and three tribal Tribal organizations or communities submitted
written public comments, and EPA carefully considered these comments in
developing the final rule.  EPA also continued to meet with government
agencies or organizations with State members such as California ARB,
Connecticut DEP, New Jersey DEP, New Mexico ED, Washington DE,
Massachusetts DEP, Illinois EPA, Iowa DNR, and TCR  These meetings are
documented in the docket.  EPA intends to continue to work closely with
State, local, and Tribal agencies during rule implementation.

Consistent with section 205 of the UMRA, EPA has identified and
considered a reasonable number of regulatory alternatives.  EPA
carefully examined regulatory alternatives, and selected the lowest
cost/least burdensome alternative that EPA deems adequate to address
Congressional concerns and to provide a consistent, comprehensive source
of information about emissions of GHGs.  EPA has considered the costs
and benefits of the GHG reporting rule, and has concluded that the costs
will fall mainly on the private sector (approximately $77 million), with
some costs incurred by State, local, and Tribal governments that must
report their emissions (less than $10.1 million) that own and operate
stationary combustion units, landfills, or natural gas local
distribution companies (LDCs).  EPA estimates that an additional 2,034
facilities owned by stateState, local, or Tribal governments will incur
approximately $2.0 million in costs during the first year of the rule to
make a reporting determination and subsequently determine that their
emissions are below the threshold and thus, they are not required to
report their emissions.  Furthermore, we think it is unlikely that
State, local, and Tribal governments would begin operating large
industrial facilities, similar to those affected by this rulemaking
operated by the private sector.

Initially, EPA estimates that costs of complying with the final rule
will be widely dispersed throughout many sectors of the economy.
Although EPA acknowledges that over time changes in the patterns of
economic activity may mean that GHG generation and thus reporting costs
will change, data are inadequate for projecting these changes.  Thus,
EPA assumes that costs averaged over the first three years of the
program are typical of ongoing costs of compliance.  EPA estimates that
future compliance costs will total approximately $104 million per year.
EPA examined the distribution of these costs between private owners and
State, local, and Tribal governments owning GHG emitters.  In addition,
EPA examined, within the private sector, the impacts on various
industries.  In general, estimated cost per entity represents less than
0.1 percent of company sales in affected industries.  These costs are
broadly distributed to a variety of economic sectors and represent
approximately 0.001 percent of 2008 Gross Domestic Product; overall, EPA
does not believe the final rule will have a significant macroeconomic
impact on the national economy.  Therefore, this rule is not subject to
the requirements of section 203 of UMRA because it contains no
regulatory requirements that might significantly or uniquely affect
small governments.

EPA does not anticipate that substantial numbers of either public or
private sector entities will incur significant economic impacts as a
result of this final rule.  EPA further expects that benefits of the
final rule will include more and better information for EPA and the
private sector about emissions of GHGs.  This improved information will
enhance EPA’s ability to develop sound future climate policies, and
may encourage GHG emitters to develop voluntary plans to reduce their
emissions.

This regulation applies directly to facilities that supply fuel or
chemicals that when used emit greenhouse gases, to motor vehicle
manufacturers, and to facilities that directly emit greenhouses gases.
It does not apply to governmental entities unless the government entity
owns a facility that directly emits greenhouse gasesGHGs above threshold
levels such as a landfill or large stationary combustion source, or LDC.
 In addition, this rule does not impose any implementation
responsibilities on State, local, or Tribal governments and it is not
expected to increase the cost of existing regulatory programs managed by
those governments.  Thus, the impact on governments affected by the rule
is expected to be minimal.

E.  Executive Order 13132: Federalism

EO 13132, entitled “Federalism” (64 FR 43255, August 10, 1999),
requires EPA to develop an accountable process to ensure “meaningful
and timely input by State and local officials in the development of
regulatory policies that have Federalism implications.” “Policies
that have Federalism implications” is defined in the EO to include
regulations that 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.”

This final rule 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 EO 13132.  However, for a more detailed discussion about
how this final rule relates to existing State programs, please see
Section II of the proposal preamble (74 FR 16457 to 16461, April 10,
2009) and Sections I.E. and II.C.2 of this preamble.

This regulation applies directly to facilities that supply fuel or
chemicals that when used emit greenhouse gases, motor vehicle
manufacturers, or facilities that directly emit greenhouses gases.  It
does not apply to governmental entities unless the government entity
owns a facility that directly emits greenhouse gasesGHGs above threshold
levels such as a landfill, large stationary combustion source, or LDC,
so relatively few government facilities would be affected.  This
regulation also does not limit the power of States or localities to
collect GHG data and/or regulate GHG emissions.  Thus, EO 13132 does not
apply to this rule.

In the spirit of Executive Order 13132, and consistent with EPA policy
to promote communications between EPA and State and local governments,
EPA specifically solicited comments on the proposed rule from State and
local officials. See Section VIII.D above, for discussion of outreach
activities to State, local, or Tribal organizations.

F.  Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments

This final rule does not have Tribal implications, as specified in EO
13175 (65 FR 67249, November 9, 2000).  This regulation applies directly
to facilities that supply fuel or chemicals that when used emit
greenhouse gasesGHGs or facilities that directly emit greenhouses gases.
 Facilities expected to be affected by the final rule are not expected
to be owned by Tribal governments.  Thus, Executive Order 13175 does not
apply to this final rule.

Although EO 13175 does not apply to this final rule, EPA sought
opportunities to provide information to Tribal governments and
representatives during development of the rule.  In consultation with
EPA’s American Indian Environment Office, EPA’s outreach plan
included tribes.  EPA conducted several conference calls with Tribal
organizations during the proposal phase.  For example, EPA staff
provided information to tribes through conference calls with multiple
Indian working groups and organizations at EPA that interact with tribes
and through individual calls with two Tribal board members of TCR.  In
addition, EPA prepared a short article on the GHG reporting rule that
appeared on the front page a Tribal newsletter—Tribal Air News—that
was distributed to EPA/OAQPS’s network of Tribal organizations.  EPA
gave a presentation on various climate efforts, including the mandatory
reporting rule, at the National Tribal Conference on Environmental
Management on June 24-26, 2008.  In addition, EPA had copies of a short
information sheet distributed at a meeting of the National Tribal
Caucus.  See the “Summary of EPA Outreach Activities for Developing
the GHG reporting rule,” in Docket No. EPA-HQ-OAR-2008-0508-055 for a
complete list of Tribal contacts.  EPA participated in a conference call
with tribal Tribal air coordinators in April 2009 and prepared a
guidance sheet for Tribal governments on the proposed rule.  It was
posted on the MRR webWeb site and published in the Tribal Air Newsletter

G.  Executive Order 13045: Protection of Children from Environmental
Health Risks and Safety Risks

EPA interprets EO 13045 (62 F.R. 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 EO has the
potential to influence the regulation.  This action is not subject to EO
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 final rule is not a “significant energy action” as defined in
EO 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.  Further, we have concluded that this rule is not likely to have
any adverse energy effects.  This final rule relates to monitoring,
reporting and recordkeeping at facilities that supply fuel or chemicals
that when used emit greenhouse gasesGHGs or facilities that directly
emit greenhouses gases and does not impact energy supply, distribution
or use.  Therefore, we conclude that this rule is not likely to have any
adverse effects 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 (15 U.S.C. 272 note) directs 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 EPA to provide Congress, through OMB,
explanations when the Agency decides not to use available and applicable
voluntary consensus standards.

This rulemaking involves technical standards.  EPA will use more than
4060 voluntary consensus standards from at least seven10 different
voluntary consensus standards bodies, including the following:  ASTM,
ASME, ISO, Gas Processors Association, American Gas Association, and
National Lime Association.  These voluntary consensus standards will
help facilities monitor, report, and keep records of greenhouse gasGHG
emissions.  No new test methods were developed for this rule.  Instead,
from existing rules for source categories and voluntary greenhouse
gasGHG programs, EPA identified existing means of monitoring, reporting,
and keeping records of greenhouse gasGHG emissions.  The existing
methods (voluntary consensus standards) include a broad range of
measurement techniques, including many for combustion sources such as
methods to analyze fuel and measure its heating value; methods to
measure gas or liquid flow; and methods to gauge and measure petroleum
and petroleum products.  The test methods are incorporated by reference
into the final rule and are available as specified in 40 CFR 98.7.

By incorporating voluntary consensus standards into this final rule, EPA
is both meeting the requirements of the NTTAA and presenting multiple
options and flexibility for measuring greenhouse gasGHG emissions.

J.  Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations

EO 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
U.S.

EPA has determined that this final rule will not have disproportionately
high and adverse human health or environmental effects on minority or
low-income populations because it does not affect the level of
protection provided to human health or the environment.  This final rule
does not affect the level of protection provided to human health or the
environment because it is a rule addressing information collection and
reporting procedures.

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.  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.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 a “major rule” as defined by 5 U.S.C.
804(2).  This rule will be effective [INSERT THE DATE 60 DAYS AFTER
PUBLICATION IN THE FEDERAL REGISTER].

List of Subjects

40 CFR Part 86

Environmental protection, Administrative practice and procedure, Air
pollution control, Reporting and recordkeeping requirements, Motor
vehicle pollution.

40 CFR Part 87

Environmental protection, Air pollution control, Aircraft, Incorporation
by reference.

40 CFR Part 89

Environmental protection, Administrative practice and procedure,
Confidential business information, Imports, Labeling, Motor vehicle
pollution, Reporting and recordkeeping requirements, Research, Vessels,
Warranty.

40 CFR Part 90

Environmental protection, Administrative practice and procedure,
Confidential business information, Imports, Labeling, Reporting and
recordkeeping requirements, Research, Warranty.

40 CFR Part 94

Environmental protection, Administrative practice and procedure, Air
pollution control, Confidential business information, Imports,
Incorporation by reference, Labeling, Penalties, Vessels, Reporting and
recordkeeping requirements, Warranties.

40 CFR Part 98

Environmental protection, Administrative practice and procedure,
Greenhouse gases, Incorporation by reference, Suppliers, Reporting and
recordkeeping requirements.

40 CFR Part 600

Administrative practice and procedure, Electric power, Fuel economy,
Incorporation by reference, Labeling, Reporting and recordkeeping
requirements.

40 CFR Part 1033

Environmental protection, Administrative practice and procedure,
Confidential business information, Incorporation by reference, Labeling,
Penalties, Railroads, Reporting and recordkeeping requirements.

40 CFR Part 1039

Environmental protection, Administrative practice and procedure, Air
pollution control, Confidential business information, Imports,
Incorporation by reference, Labeling, Penalties, Reporting and
recordkeeping requirements, Warranties.

40 CFR Part 1042

Environmental protection, Administrative practice and procedure, Air
pollution control, Confidential business information, Imports,
Incorporation by reference, Labeling, Penalties, Vessels, Reporting and
recordkeeping requirements, Warranties.

40 CFR Parts 1045, 1048, 1051, and 1054

Environmental protection, Administrative practice and procedure, Air
pollution control, Confidential business information, Imports,
Incorporation by reference, Labeling, Penalties, Reporting and
recordkeeping requirements, Warranties.

40 CFR Part 1065

Environmental protection, Administrative practice and procedure,
Incorporation by reference, Reporting and recordkeeping requirements,
Research.

Date:

Lisa P. Jackson,

Administrator.

 Consolidated Appropriations Act, 2008, Public Law 110–161, 121 Stat.
1844, 2128.  Congress reaffirmed interest in a GHG reporting rule, and
provided additional funding, in the 2009 Appropriations Act (insert
reference).Consolidated Appropriations Act, 2009, Public Law 110–329,
122 Stat. 3574-3716).

 ADD CITITATION TO FY 09 APPROP ACT ALSO

   Although there are exclusions in CAA section 114(a)(1) regarding
certain title II requirements applicable to manufacturers of new motor
vehicle and motor vehicle engines, CAA section 208 authorizes the
gathering of information related to those areas.

 Under the 1605(b) program an “entity” is defined as “the whole or
part of any business, institution, organization or household that is
recognized as an entity under any U.S. Federal, State or local law that
applies to it; is located, at least in part, in the U.S.; and whose
operations affect U.S. greenhouse gas emissions.”
(http://www.pi.energy.gov/enhancingGHGregistry/)

  For the purposes of this rule, facility means any physical property,
plant, building, structure, source, or stationary equipment located on
one or more contiguous or adjacent properties in actual physical contact
or separated solely by a public roadway or other public right-of-way and
under common ownership or common control, that emits or may emit any
greenhouse gas. Operators of military installations may classify such
installations as more than a single facility based on distinct and
independent functional groupings within contiguous military properties.

  Unless otherwise noted, years and dates in this notice refer to
calendar years and dates.

 This does not include portable equipment, emergency generators, or
emergency equipment as defined in the rule.

  Supplied means produced, imported, or exported.

  Unless otherwise noted, years and dates in this notice refer to
calendar years and dates.

  Suppliers include producers, importers, and exporters of fuels and
industrial gases.  The level of reporting for suppliers is specified in
the rule.  Most report at the facility level.  Imports and exports are
reported at the corporate level.

  “Use” for purposes of industrial GHGs presumes that there will be
100 percent release of the GHG.

  Although CBI determinations are usually made on a case-by-case basis,
EPA has discussed in an earlier Federal Register notice what constitutes
emissions data that cannot be considered withheld as CBI (956 FR 7042
– 7043, February 21, 1991).  In addition, as discussed in Section II.R
of this preamble, EPA will be initiating a separate notice and comment
process to make CBI and emissions data determinations for the categories
of data collected under this rulemaking.

  For more information about the reporting format please see Section V
of this preamble.

  See the following sections of this preamble for discussion of source
categories not included in today’s final rule:  sections III.I
(electronics manufacturing), III.J (ethanol production), III.L
(fluorinated GHG production), III.M (food processing), III.T (magnesium
production), III.W (oil and natural gas systems), III.DD (SF6 from
electrical equipment), III.FF (underground coal mines), III.HH
(industrial landfills are not included in today’s rule, but MSW
landfills are covered by the rule), III.II (wastewater treatment), and
III.KK (suppliers of coal).

  2006 IPCC Guidelines for National Greenhouse Gas Inventories.  The
National Greenhouse Gas Inventories Programme, H.S. Eggleston, L.
Buendia, K. Miwa, T. Ngara, and K. Tanabe (eds), hereafter referred to
as the “2006 IPCC Guidelines” are found at:    HYPERLINK
"http://www.ipcc.ch/ipccreports/methodology-reports.htm"
http://www.ipcc.ch/ipccreports/methodology-reports.htm .  For additional
information on these gases please see Table A-1 in proposed 40 CFR part
98, subpart A and the Suppliers of Industrial GHGs TSD
(EPA-HQ-OAR-2008-0508-041)

  For the discussion of the CAA authority to collect these data, see
Section II.Q of this preamble.  Also see the relevant source category
sections within Section III of this preamble.

 As explained in section II.A of this preamble, facilities that only
have stationary combustion units as their only source of emissions and
have units with an aggregate maximum heat input of less than 30 mmbtu
are not included in this rule.

 Although the thresholds were expressed in different ways (e.g.,
“all-in”, annual emissions) most corresponded to, or were consistent
with, an annual facility-wide emission level of 25,000 metric tons of
CO2e.

 Applicability thresholds for different source categories are expressed
in different ways (e.g., actual emissions, production capacity,
“all-in”), but most correspond to a facility-wide emission level of
25,000 metric tons per year.  The provision to cease reporting applies
to reporters regardless of the specific applicability threshold that
triggered reporting for their facility or supply operation.

 As explained in section II.E of this preamble, applicability thresholds
for different source categories are expressed in different ways (e.g.,
actual emissions, production capacity, “all-in”), but most
correspond to a facility-wide emission level of 25,000 metric tons per
year.  The provision to cease reporting applies to reporters regardless
of the specific applicability threshold that triggered reporting for
their facility or supply operation.

 For additional information about these programs please see overview of
existing programs ( EPA–HQ–OAR–2008–0508–0052) and the de
minimis memo (EPA–HQ–OAR–2008–0508–0048).

 As described earlier in this section, facilities or suppliers that have
emissions or products with emission less than 25,000 mtmetric tons CO2e
for five years in a row may cease reporting.  Those that cease reporting
must have records to cover those five years of emissions.  Similarly,
reporters who demonstrate emissions less than 15,000 metric CO2e for
three years is a row may cease reporting, and must have records to cover
those three years of emissions.

 We note that the statute is ambiguous, and thus EPA may adopt any
reasonable interpretation.  CHEVRON

 We note that the statute is ambiguous, and thus EPA may adopt any

reasonable interpretation.  See Chevron v. NRDC et al., 467

U.S. 837, 864 (1984).

 Biogenic CO2 from the conversion of CaCO3 to CaO in kraft or soda pulp
mill lime kilns is accounted for in the biogenic CO2 emission factor for
the recovery furnace.

 Dooley, JJ, CL Davidson, RT Dahowski, MA Wise, N Gupta, SH Kim, EL
Malone, "Carbon Dioxide Capture and Geologic Storage: A Key Component of
a Global Energy Technology Strategy to Address Climate Change."  Joint
Global Change Research Institute, Battelle Pacific Northwest Division.
May 2006.  PNWD-3602.  College Park, MD.

 Manufacturers of light-duty vehicles, light-duty trucks, and
medium-duty passenger vehicles are not covered in this final rule.

 The term “manufacturer,” as well as the term “manufacturing
company,” as used in this preamble, means companies that are subject
to EPA emission certification requirements.  This primarily includes
companies that manufacture engines domestically and foreign
manufacturers that import engines into the U.S. market.  In some cases
this also includes domestic companies that are required to meet EPA
certification requirements when they import foreign-manufactured
engines.

 For aircraft engine manufacturers, reporting requirements will apply
for the engine models in production in 2011.

 Small business manufacturers will continue to measurebe subject to
measurement and/or report any data that is currently requiredreporting
requirements for compliance with existing regulations.

 But see Ford Motor Co. v. EPA, 604 F. 2d 685 (D.C. Cir. 1979)
(permissible for EPA to regulate CH4 under CAA section 202 (b)).  In
addition, although CH4 is not itself regulated, manufacturers subject to
“non-methane hydrocarbon” standards have needed to determine CH4
emission levels, in some cases by using a default value and in many
cases by way of testing.

 Aerodyne, Rich Miake-Lye, AAFEX Methane presentation at the Seventh
Meeting of Primary Contributors  for the Aviation Emissions
Characterization Roadmap, June 9-10, 2009.

IPCC, Aviation and the Global Atmosphere, 1999, at   HYPERLINK
"http://www.grida.no/climate/ipcc/aviation/index.htm"
http://www.grida.no/climate/ipcc/aviation/index.htm , and NOAA, Written
Testimony of Dr. David W. Fahey, Hearing on “Aviation and the
Environment: Emissions,” Before the Committee on Transportation and
Infrastructure, Subcommittee on Aviation, U.S. House of Representatives,
May 6, 2008.

 Modes of the landing and takeoff cycle are taxi/idle, takeoff, climb
out, and approach.

 The Federal Civil Penalties Inflation Adjustment Act of 1990, Public
Law 101-410, 104 Stat. 890, 28 U.S.C. 2461, note, as amended by Section
31001(s)(1) of the Debt Collection Improvement Act of 1996, Public Law
104-134, 110 Stat. 1321-373, April 26, 1996, requires EPA and other
agencies to adjust the ordinary maximum penalty that it will apply when
assessing a civil penalty for a violation.  Accordingly, EPA has
adjusted the CAA's provision in Section 113(b) and (d) specifying
$25,000 per day of violation for civil violations to $37,500 per day of
violation.

 EPA’s RFA guidance for rule writers suggests the “sales” test
continues to be the preferred quantitative metric for economic impact
screening analysis.

 Nicholas Institute for Environmental Policy Solutions, Duke University.
 2008.  Size Thresholds for Greenhouse Gas Regulation: Who Would be
Affected by a 10,000-ton CO2 Emissions Rule?  Available at:
http://www.nicholas.duke.edu/institute/10Kton.pdf

  Although CBI determinations are usually made on a case-by-case basis,
EPA has issued guidance in an earlier Federal Register notice on what
constitutes emissions data that cannot be considered CBI (956 FR 7042
– 7043, February 21, 1991).  As discussed in Section II.R of this
preamble, EPA will be initiating a separate notice and comment process
to make CBI determinations for the data collected under this rulemaking.

 EPA estimates that 30,000 facilities are potentially affected by the
rule. Of these, EPA estimates that 10,152 facilities across various
sectors will be over their sector-specific reporting threshold and thus
required to report; the remaining 19,848 will determine during the first
year that they are beneath the threshold and do not need to report. The
average number of respondents is thus (30,000+10,152+10,152)/3 = 16,768;
excluding 43 Federal facilities, the number of private respondents is
16,725.

 U.S. Small Business Administration (SBA). 2008. Firm Size Data from the
Statistics of U.S. Businesses: U.S. Detail Employment Sizes: 2002.

<  HYPERLINK "http://www.census.gov/csd/susb/download_susb02.htm_"
http://www.census.gov/csd/susb/download_susb02.htm >.

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