[Federal Register Volume 76, Number 165 (Thursday, August 25, 2011)]
[Rules and Regulations]
[Pages 53057-53071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21727]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2010-0929; FRL-9456-3]
RIN 2060-AQ80


Change to the Reporting Date for Certain Data Elements Required 
Under the Mandatory Reporting of Greenhouse Gases Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is deferring the reporting deadline for data elements that 
are used by direct emitter reporters as inputs to emission equations 
under the Mandatory Greenhouse Gas Reporting Rule. The deadline for 
reporting some of these data elements is deferred to March 31, 2013 and 
the deadline for reporting others is deferred to March 31, 2015. This 
final rule does not change any other requirements of the Mandatory 
Greenhouse Gas Reporting Rule.

DATES: This final rule is effective on September 9, 2011.

ADDRESSES: EPA has established a docket under Docket ID No. EPA-HQ-OAR-
2010-0929 for this action. All documents in the docket are listed in 
the http://www.regulations.gov index. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) 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 
EPA's Docket Center, Public Reading Room, EPA West Building, Room 3334, 
1301 Constitution Ave., NW., Washington, DC. 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 is (202) 
566-1742.

FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division, 
Office of Atmospheric Programs (MC-6207J), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone 
number: (202) 343-9263; fax number: (202) 343-2342; e-mail address: 
[email protected]. For technical information and implementation 
materials, please go to the Greenhouse Gas Reporting Program Web site 
http://www.epa.gov/climatechange/emissions/ghgrulemaking.html. To 
submit a question, select Rule Help Center, followed by Contact Us.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this rule will also be available through the WWW. 
Following the Administrator's signature, a copy of this action will be 
posted on EPA's Greenhouse Gas Reporting Program Web site at http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

SUPPLEMENTARY INFORMATION: Regulated Entities. The Administrator 
determined that this action is subject to the provisions of Clean Air 
Act (CAA)

[[Page 53058]]

section 307(d). See CAA section 307(d)(1)(V) (the provisions of section 
307(d) apply to ``such other actions as the Administrator may 
determine''). These are final amendments to existing regulations. 
Entities affected by this final rule are owners or operators of 
facilities that are direct emitters of greenhouse gases (GHGs) and are 
required to report under the Mandatory GHG Reporting Rule (40 CFR part 
98), which include those listed in Table 1 of this preamble:

           Table 1--Examples of Affected Entities by Category
------------------------------------------------------------------------
                                                   Examples of affected
            Category                  NAICS             facilities
------------------------------------------------------------------------
General Stationary Fuel          ...............  Facilities operating
 Combustion Sources.                               boilers, process
                                                   heaters,
                                                   incinerators,
                                                   turbines, and
                                                   internal combustion
                                                   engines.
                                             321  Manufacturers of
                                                   lumber and wood
                                                   products.
                                             322  Pulp and paper mills.
                                             325  Chemical
                                                   manufacturers.
                                             324  Petroleum refineries
                                                   and manufacturers of
                                                   coal products.
                                   316, 326, 339  Manufacturers of
                                                   rubber and
                                                   miscellaneous plastic
                                                   products.
                                             331  Steel works, blast
                                                   furnaces.
                                             332  Electroplating,
                                                   plating, polishing,
                                                   anodizing, and
                                                   coloring.
                                             336  Manufacturers of motor
                                                   vehicle parts and
                                                   accessories.
                                             221  Electric, gas, and
                                                   sanitary services.
                                             622  Health services.
                                             611  Educational services.
                                          325193  Ethyl alcohol
                                                   manufacturing
                                                   facilities.
                                          311611  Meat processing
                                                   facilities.
                                          311411  Frozen fruit, juice,
                                                   and vegetable
                                                   manufacturing
                                                   facilities.
                                          311421  Fruit and vegetable
                                                   canning facilities.
Electricity Generation.........           221112  Fossil-fuel fired
                                                   electric generating
                                                   units, including
                                                   units owned by
                                                   Federal and municipal
                                                   governments and units
                                                   located in Indian
                                                   Country.
Adipic Acid Production.........           325199  Adipic acid
                                                   manufacturing
                                                   facilities.
Aluminum Production............           331312  Primary aluminum
                                                   production
                                                   facilities.
Ammonia Manufacturing..........           325311  Anhydrous and aqueous
                                                   ammonia production
                                                   facilities.
Cement Production..............           327310  Portland Cement
                                                   manufacturing plants.
Electronics Manufacturing......           334111  Microcomputers
                                                   manufacturing
                                                   facilities.
                                          334413  Semiconductor,
                                                   photovoltaic (solid
                                                   state) device
                                                   manufacturing
                                                   facilities.
                                          334419  LCD unit screens
                                                   manufacturing
                                                   facilities.
                                                  MEMS manufacturing
                                                   facilities.
Ferroalloy Production..........           331112  Ferroalloys
                                                   manufacturing
                                                   facilities.
Fluorinated GHG Production.....           325120  Industrial gases
                                                   manufacturing
                                                   facilities.
Glass Production...............           327211  Flat glass
                                                   manufacturing
                                                   facilities.
                                          327213  Glass container
                                                   manufacturing
                                                   facilities.
                                          327212  Other pressed and
                                                   blown glass and
                                                   glassware
                                                   manufacturing
                                                   facilities.
HCFC-22 Production and HFC-23             325120  Chlorodifluoromethane
 Destruction.                                      manufacturing
                                                   facilities.
Hydrogen Production............           325120  Hydrogen production
                                                   facilities.
Iron and Steel Production......           331111  Integrated iron and
                                                   steel mills, steel
                                                   companies, sinter
                                                   plants, blast
                                                   furnaces, basic
                                                   oxygen process
                                                   furnace shops.
Lead Production................           331419  Primary lead smelting
                                                   and refining
                                                   facilities.
                                          331492  Secondary lead
                                                   smelting and refining
                                                   facilities.
Lime Production................           327410  Calcium oxide, calcium
                                                   hydroxide, dolomitic
                                                   hydrates
                                                   manufacturing
                                                   facilities.
Magnesium Production...........           331419  Primary lead smelting
                                                   and refining
                                                   facilities.
                                          331492  Secondary lead
                                                   smelting and refining
                                                   facilities.
Municipal Solid Waste Landfills           562212  Solid waste landfills.
                                          221320  Sewage treatment
                                                   facilities.
Nitric Acid Production.........           325311  Nitric acid production
                                                   facilities.
Petrochemical Production.......            32511  Ethylene dichloride
                                                   production
                                                   facilities.
                                          325199  Acrylonitrile,
                                                   ethylene oxide,
                                                   methanol production
                                                   facilities.
                                          325110  Ethylene production
                                                   facilities.
                                          325182  Carbon black
                                                   production
                                                   facilities.
Petroleum and Natural Gas                 486210  Pipeline
 Systems.                                          transportation of
                                                   natural gas.
                                          221210  Natural gas
                                                   distribution
                                                   facilities.
                                             211  Extractors of crude
                                                   petroleum and natural
                                                   gas.
                                          211112  Natural gas liquid
                                                   extraction
                                                   facilities.
Petroleum Refineries...........           324110  Petroleum refineries.
Phosphoric Acid Production.....           325312  Phosphoric acid
                                                   manufacturing
                                                   facilities.
Pulp and Paper Manufacturing...           322110  Pulp mills.
                                          322121  Paper mills.
                                          322130  Paperboard mills.
Silicon Carbide Production.....           327910  Silicon carbide
                                                   abrasives
                                                   manufacturing
                                                   facilities.
Soda Ash Manufacturing.........           325181  Alkalies and chlorine
                                                   manufacturing
                                                   facilities.
                                          212391  Soda ash, natural,
                                                   mining and/or
                                                   beneficiation.
Sulfur Hexafluoride (SF6) from            221121  Electric bulk power
 Electrical Equipment.                             transmission and
                                                   control facilities.
Titanium Dioxide Production....           325188  Titanium dioxide
                                                   manufacturing
                                                   facilities.
Underground Coal Mines.........           212113  Underground anthracite
                                                   coal mining
                                                   operations.
                                          212112  Underground bituminous
                                                   coal mining
                                                   operations.

[[Page 53059]]

 
Zinc Production................           331419  Primary zinc refining
                                                   facilities.
                                          331492  Zinc dust reclaiming
                                                   facilities,
                                                   recovering from scrap
                                                   and/or alloying
                                                   purchased metals.
Industrial Landfills...........           562212  Solid waste landfills.
                                          221320  Sewage treatment
                                                   facilities.
                                          322110  Pulp mills.
                                          322121  Paper mills.
                                          322122  Newsprint mills.
                                          322130  Paperboard mills.
                                          311611  Meat processing
                                                   facilities.
                                          311411  Frozen fruit, juice
                                                   and vegetable
                                                   manufacturing
                                                   facilities.
                                          311421  Fruit and vegetable
                                                   canning facilities.
Wastewater Treatment...........           322110  Pulp mills.
                                          322121  Paper mills.
                                          322122  Newsprint mills.
                                          322130  Paperboard mills.
                                          311611  Meat processing
                                                   facilities.
                                          311411  Frozen fruit, juice
                                                   and vegetable
                                                   manufacturing
                                                   facilities.
                                          311421  Fruit and vegetable
                                                   canning facilities.
                                          325193  Ethanol manufacturing
                                                   facilities.
CO2 Enhanced Recovery Projects.              211  Oil and Gas Extraction
                                                   Projects using CO2
                                                   Enhanced Recovery.
Geologic Sequestration Sites...                   CO2 Geologic
                                                   sequestration
                                                   projects.
------------------------------------------------------------------------

    Table 1 of this preamble is not intended to be exhaustive, but 
rather provides a guide for readers regarding facilities and suppliers 
likely to be affected by this action. Table 1 of this preamble lists 
types of facilities that may be affected by the reporting requirements. 
Other types of facilities and suppliers than those listed in the table 
may also be subject to reporting requirements. To determine whether you 
are affected by this action, you should carefully examine the 
applicability criteria found in 40 CFR part 98, subpart A or the 
relevant criteria in the subparts. If you have questions regarding the 
applicability of this action to a particular facility or supplier, 
consult the person listed in the preceding FOR FURTHER GENERAL 
INFORMATION CONTACT section.
    What is the effective date? EPA is making this final rule effective 
on September 9, 2011. Section 553(d) of the Administrative Procedure 
Act (APA), 5 U.S.C. Chapter 5, generally provides that rules may not 
take effect earlier than 30 days after they are published in the 
Federal Register. EPA is issuing this final rule under CAA section 
307(d)(1), which states: ``The provisions of section 553 through 557 * 
* * of Title 5 shall not, except as expressly provided in this section, 
apply to actions to which this subsection applies.'' Thus, section 
553(d) of the APA does not apply to this rule. EPA is nevertheless 
acting consistently with APA section 553(d) in making this rule 
effective on September 9, 2011.
    APA section 553(d)(1) provides an exception to the 30-day 
publication requirement for any rule that grants or recognizes an 
exemption or relieves a restriction. This final rule provides relief to 
the current requirement to report inputs to emission equations by 
September 30, 2011 for 34 subparts of 40 CFR part 98 or March 31, 2012 
for eight subparts of 40 CFR part 98 by deferring these deadlines to 
either March 31, 2013 or March 31, 2015, depending on the data 
elements. Because this action defers the regulatory deadline for a 
reporting requirement, a shorter effective date is consistent with this 
exception. Further, the purpose of the 30-day waiting period prescribed 
in APA section 553(d) is to give affected parties a reasonable time 
period to adjust their behavior and prepare before the final rule takes 
effect. Because this final rule defers a reporting deadline, it 
requires little preparation or behavior adjustment. Where, as here, the 
final rule will be signed and made available on the EPA Web site more 
than 15 days before the effective date, that purpose is still met.
    Accordingly, EPA finds it appropriate, consistent with APA section 
553(d)(1), to make this rule effective on September 9, 2011, even 
though this results in an effective date fewer than 30 days from the 
date of publication in the Federal Register.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review of this final rule is available only by filing a petition for 
review in the U.S. Court of Appeals for the District of Columbia 
Circuit (the Court) by October 24, 2011. Under CAA section 
307(d)(7)(B), only an objection to this final rule that was raised with 
reasonable specificity during the period for public comment can be 
raised during judicial review. CAA section 307(d)(7)(B) also provides a 
mechanism for EPA to convene a proceeding for reconsideration, ``[i]f 
the person raising an objection can demonstrate to EPA that it was 
impracticable to raise such objection within [the period for public 
comment] or if the grounds for such objection arose after the period 
for public comment (but within the time specified for judicial review) 
and if such objection is of central relevance to the outcome of the 
rule.'' Any person seeking to make such a demonstration to us should 
submit a Petition for Reconsideration to the Office of the 
Administrator, Environmental Protection Agency, Room 3000, Ariel Rios 
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a 
copy to the person listed in the preceding FOR FURTHER GENERAL 
INFORMATION CONTACT section, and the Associate General Counsel for the 
Air and Radiation Law Office, Office of General Counsel (Mail Code 
2344A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20004. Note, under CAA section 307(b)(2), the 
requirements established by this final rule may not be challenged 
separately in any civil or criminal proceedings brought by EPA to 
enforce these requirements.
    Acronyms and Abbreviations. The following acronyms and 
abbreviations are used in this document.

APA Administrative Procedure Act.
CAA Clean Air Act.
CH4 methane.

[[Page 53060]]

CFR Code of Federal Regulations.
CBI confidential business information.
CO2 carbon dioxide.
EPA U.S. Environmental Protection Agency.
FTC Federal Trade Commission.
FR Federal Register.
GHG greenhouse gas.
HCFC-22 chlorodifluoromethane.
HFC-23 trifluoromethane (or CHF3).
ICR Information Collection Request.
LCD liquid crystal display.
MEMS microelectricomechanical system.
N2O nitrous oxide.
NAICS North American Industry Classification System.
NTTAA National Technology Transfer and Advancement Act of 1995.
OMB Office of Management and Budget.
RFA Regulatory Flexibility Act.
SF6 sulfur hexafluoride.
UMRA Unfunded Mandates Reform Act of 1995.
U.S. United States.
WWW Worldwide Web.

Table of Contents

I. Background
    A. How is this preamble organized?
    B. Background on This Action
II. Summary of Major Changes Since Proposal
    A. Changes to the Date for Reporting Inputs to Equations
    B. Changes to the List of Deferred Data Elements
III. Response to Significant Comments on the Proposed Amendments
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. Background

A. How is this preamble organized?

    The first section of this preamble contains basic background 
information about the origin of these rule amendments. The second 
section of this preamble summarizes major changes since proposal, 
including changes to the length of the deferral and to the list of data 
elements categorized as inputs to emission equations. The third section 
provides an overview of EPA's response to significant comments. 
Finally, the fourth section of the preamble discusses the various 
statutory and executive order requirements applicable to this 
rulemaking.

B. Background on This Action

    On October 30, 2009, EPA published the Mandatory Greenhouse Gas 
Reporting Rule for requiring data reporting regarding greenhouse gas 
emissions from a broad range of industry sectors (74 FR 56260). Under 
40 CFR part 98 and its subsequent amendments (hereinafter referred to 
as ``Part 98''), EPA will require reporting of data from certain 
facilities and suppliers above specified thresholds. The data to be 
reported include information on GHG emissions and GHGs supplied, 
including information necessary to characterize, quantify, and verify 
the GHG emissions and GHGs supplied data. In the preamble to Part 98, 
we stated, ``Through a notice and comment process, we will establish 
those data elements that are `emissions data' and therefore [under CAA 
section 114(c)] will not be afforded the protections of CBI. As part of 
that exercise, in response to requests provided in comments, we may 
identify classes of information that are not emissions data, and are 
CBI'' (74 FR 56287, October 30, 2009).
    On July 7, 2010, EPA proposed confidentiality determinations for 
Part 98 data elements and proposed amending EPA's regulation for 
handling confidential business information to add specific procedures 
for the treatment of Part 98 data (75 FR 39094; hereinafter referred to 
as the ``July 7, 2010 CBI proposal''). These proposed amendments to 40 
CFR part 2 would allow EPA to release Part 98 data that are determined 
to be emission data or non-CBI upon finalizing the confidentiality 
status of these data. The amendments also set forth procedures for 
treatment of information in Part 98 determined to be CBI. The proposed 
procedures are similar to or consistent with the existing 40 CFR part 2 
procedures.
    The July 7, 2010 CBI proposal proposed confidentiality statuses for 
the data elements for subparts that were included in the 2009 final 
Part 98 rule (see 74 FR 56260, October 30, 2009); four subparts 
finalized in July 2010 (see 75 FR 39736, July 12, 2010); and seven new 
subparts that had been proposed but not yet finalized as of July 2010 
(see 75 FR 18576, 75 FR 18608, and 75 FR 18652, April 12, 2010). The 
July 7, 2010 CBI proposal also covered proposed changes to the 
reporting requirements for some of the 2009 final Part 98 subparts. 
These changes were proposed in two separate rulemakings (see 75 FR 
18455, April, 12, 2010; and 75 FR 33950, June 15, 2010).
    On August 11, 2010, EPA published a proposed amendment to Part 98 
to change the description of some reported data elements and require 
reporting of some new data elements (75 FR 48744; hereinafter referred 
to as the ``August 11, 2010 revisions proposal''). EPA concurrently 
issued a supplemental CBI proposal that proposed confidentiality 
determinations for the new and revised data elements included in the 
August 11, 2010 revisions proposal (75 FR 43889, July 27, 2010; 
hereinafter referred to as the ``July 27, 2010 supplemental CBI 
proposal'').
    As described in detail in the CBI proposals identified above, EPA 
grouped Part 98 data into 22 data categories (11 direct emitter data 
categories and 11 supplier data categories), with each of the 
categories containing data elements that are similar in type or 
characteristics. EPA then proposed confidentiality determinations for 
each category, with a few exceptions that are not relevant to today's 
action. Consistent with EPA's long-standing interpretation, EPA 
proposed that data elements in the inputs to emission equations data 
category meet the definition of emission data under 40 CFR 
2.301(a)(2)(i) and therefore, under CAA section 114(c), could not be 
held as confidential once they were reported to EPA.
    EPA received numerous public comments on the July 7, 2010 CBI 
proposal and the July 27, 2010 supplemental CBI proposal. EPA received 
comments that raised concerns regarding the public availability of data 
in the inputs to emission equations category. EPA determined that these 
concerns warranted an in-depth evaluation of the potential impact from 
the release of inputs to emission equations, as well as collection and 
review of additional information, that could not be completed before 
the March 31, 2011 reporting deadline.
    In the proposal to this final rulemaking (75 FR 81350, December 27, 
2010, hereinafter referred to as the ``December 27, 2010 deferral 
proposal''), EPA proposed to defer the reporting of inputs to equations 
until March 31, 2014, to afford additional time to complete this 
evaluation and take appropriate final actions regarding inputs to 
equations before these data elements are reported to EPA and 
potentially become subject to release. The deferral proposal concerned 
only reporting of inputs to emission

[[Page 53061]]

equations for direct emitters and did not affect any other requirements 
of Part 98.
    Concurrent with that notice, EPA promulgated an interim final rule 
(75 FR 81338, December 27, 2010) that deferred the initial March 31, 
2011 reporting date for inputs to emission equations to August 31, 
2011, to give EPA time to promulgate this deferral through notice and 
comment. (See Section III of the preamble to the interim final rule for 
a detailed rationale.)
    EPA concurrently published a call for information, entitled 
``Information on Inputs to Emission Equations under the Mandatory 
Reporting of Greenhouse Gases Rule'' (75 FR 81366, December 27, 2010; 
hereinafter referred to as the ``call for information''), to collect 
additional information to assist EPA with the evaluation of the data 
elements being deferred. In the call for information, we requested 
comment on whether each data element used as an input to an emission 
equation for direct emitters was likely to cause substantial 
competitive harm if made publicly available; whether and where it was 
already publicly available; and, if public availability of a given 
input was likely to cause substantial competitive harm, suggestions of 
alternate calculation methodologies and/or verification approaches.
    A later Federal Register notice extended the deadline for reporting 
of all 2010 reporting year data until September 30, 2011 (76 FR 14812, 
March 18, 2011). This included those data whose reporting deadline had 
previously been deferred until August 31, 2011, in the interim final 
rule.
    Based on the July 7, 2010 CBI proposal, July 27 supplemental CBI 
proposal, and comments thereto, EPA promulgated confidentiality 
determinations for certain data elements required to be reported under 
Part 98 and finalized amendments to the Special Rules Governing Certain 
Information Obtained Under the Clean Air Act, which authorizes EPA to 
release or withhold as confidential reported data according to the 
confidentiality determinations for such data without taking further 
procedural steps (76 FR 30782, May 26, 2011, hereinafter referred to as 
the ``May 26, 2011 Final CBI Rule''). That notice addressed reporting 
of data elements in 34 subparts that were determined not to be inputs 
to emission equations and therefore were not proposed to have their 
reporting deadline deferred. That rule did not make confidentiality 
determinations for eight subparts for which reporting requirements were 
finalized after publication of the July 7, 2010 CBI proposal and July 
27, 2010 supplemental CBI proposal. As explained in Section II.A.3 of 
the preamble to the May 26, 2011 Final CBI Rule, EPA will address the 
confidentiality of the data elements in those eight subparts in a 
separate action. That rule also did not address data elements used as 
inputs to emission equations, which are addressed in this final rule.

II. Summary of Major Changes Since Proposal

    This section provides a summary of major changes since proposal, 
including the date to which the reporting of inputs to equations is 
deferred as well as the list of data elements categorized as inputs to 
emission equations.

A. Changes to the Date for Reporting Inputs to Equations

    In the December 27, 2010 deferral proposal, EPA proposed to defer 
reporting of inputs to equations until March 31, 2014. For the reasons 
stated below, in this final rule, EPA is deferring the reporting 
deadline for some inputs to equations to March 31, 2013 and the others 
to March 31, 2015. For a list of inputs to equations to be reported 
under each deadline, please see Tables A-6 and A-7 in the regulatory 
text at the end of this notice.
    In the preamble to the proposed rule, EPA explained that it 
proposed to defer reporting of inputs to emission equations to allow 
EPA adequate time to fully evaluate whether and the extent to which 
potential competitive harm may result if any of the inputs to equations 
data elements were reported and made publicly available, and whether 
emissions can be calculated or verified using additional methodologies, 
consistent with the transparency and accuracy goals of Part 98 (75 FR 
81350, 81355). EPA therefore proposed to defer the reporting of inputs 
to equations until March 31, 2014, with the goal of completing its 
evaluations and other necessary actions in advance of that date.
    As mentioned in the Background section (Section I.B of this 
preamble), concurrent with the December 27, 2010 deferral proposal, EPA 
issued a call for information to obtain additional information that 
would assist EPA in its evaluations. In the call for information, EPA 
requested specific information identifying how public availability of 
any input to an emission equation would cause harm to any reporter, and 
which data elements that are inputs to emission equations are already 
publicly available or otherwise not sensitive for any reporter. EPA 
also requested suggestions of additional calculation methodologies and 
verification approaches for specific subparts that would achieve the 
transparency and accuracy goals of Part 98 without requiring reporting 
of data elements that commenters consider likely to cause substantial 
competitive harm.
    Since the December 27, 2010 deferral proposal, EPA has been heavily 
engaged in the evaluations described above. For a detailed description 
of the activities EPA is undertaking to evaluate each input to 
equations, please see a memorandum to the docket, ``Process for 
Evaluating and Potentially Amending Part 98 Inputs to Emission 
Equations.'' For the reasons stated below, the evaluations have proven 
to be more complex and time-consuming than EPA had anticipated. Because 
EPA had not received as much information as it had anticipated through 
the call for information, EPA is spending more time collecting 
information and identifying potential impacts and solutions. 
Furthermore, based on the comments received in response to the deferral 
proposal and the call for information, the number of data elements that 
would require a more in-depth evaluation is much larger than EPA had 
anticipated at the time of the deferral proposal.
    As noted above, EPA proposed to defer the reporting of inputs to 
equations to March 31, 2014, with the goal of completing its 
evaluations and other necessary actions by that date. Despite the 
difficulties described above, EPA anticipates that it can complete its 
evaluations for some inputs to equations by March 31, 2013. 
Accordingly, in this final rule, EPA is requiring reporting of these 
inputs to equations by March 31, 2013, a year sooner than proposed. 
These data elements are those for which EPA either is further along or 
able to proceed more quickly in the evaluation processes (as outlined 
in the docket memorandum). However, for the remaining inputs, due to 
the difficulties described above, EPA either is less far along or the 
evaluation processes are more time-consuming. For these inputs to 
equations, EPA is deferring the reporting deadline to March 31, 2015. 
As we explained in the December 27, 2010 deferral proposal, deferral of 
the inputs reporting deadline to either date does not change any other 
requirements of Part 98, including the requirement that these data 
elements be retained as records in a form that is suitable for 
expeditious inspection and review (required for all Part 98 records by 
40 CFR 98.3(g)).
    The results of our decision regarding the reporting deadline for 
each input are provided in Tables A-6 and A-7, and in the Response to 
Comments document in

[[Page 53062]]

the docket titled, ``Response to Comments on the Greenhouse Gas 
Reporting Rule--Deferral Notice and Call For Information.''

B. Changes to the List of Deferred Data Elements

    In this notice, we are including in the list of deferred data 
elements 16 data elements that were not identified as inputs to 
equations in the December 27, 2010 deferral proposal. We are also 
removing 24 data elements that were either incorrectly identified as 
inputs to equations in the December 27, 2010 deferral proposal or are 
no longer required to be reported. In addition, we are clarifying the 
deferral regarding three data elements that are used as inputs to 
emission equations in some circumstances but not in others.
    EPA received numerous public comments on the December 27, 2010 
deferral proposal, including some comments contending that additional 
data elements besides those listed in the proposed regulatory text are 
inputs to emission equations. We agree with commenters that six data 
elements that were not included in the December 27, 2010 deferral 
proposal are actually inputs to emission equations and, therefore, 
should be deferred. These data elements are the following:
     Subpart Y: Quantity of unstabilized crude oil received 
during the calendar year (40 CFR 98.256(o)(6)).\1\
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    \1\ This data element is listed in one of the 34 Part 98 
subparts addressed in the May 26, 2011 Final CBI Rule. Consistent 
with that rule's treatment of inputs to emission equations, that 
rule did not assign a confidentiality determination to this data 
element.
---------------------------------------------------------------------------

     Subpart Y: Average pressure differential (40 CFR 
98.256(o)(6)).\1\
     Subpart Y: Mole fraction of methane (CH4) in 
vent gas from the unstabilized crude oil storage tank (40 CFR 
98.256(o)(6)).\1\
     Subpart Y: Tank-specific methane composition data (40 CFR 
98.256(o)(7)).\1\
     Subpart Y: Gas generation rate data (40 CFR 
98.256(o)(7)).\1\
     Subpart TT: Surface area (in square meters) at the start 
of the reporting year for the landfill sections that contain waste and 
that are associated with the selected cover type (for facilities using 
a landfill gas collection system) (40 CFR 98.466(e)(2)).\1\
    EPA agrees with the comments that the six data elements described 
above are inputs to emission equations. In light of these comments, EPA 
reviewed the data elements lists to assure proper categorization and 
identified nine additional data elements that are inputs to emission 
equations, but were not included in the December 27, 2010 deferral 
proposal. These data elements are the following:
     Subpart I: Fraction of each fluorinated GHG or 
N2O destroyed or removed in abatement systems connected to 
process tools where recipe, process sub-type, or process type j is used 
(40 CFR 98.96(o)).\2\
     Subpart I: All inputs and results of calculations made 
accounting for the uptime of abatement systems used during the 
reporting year, in accordance with Equations I-14 and I-15 of this 
subpart (40 CFR 98.96(q)(2)).\2\
     Subpart L: Where missing data have been estimated pursuant 
to 40 CFR 98.125 report, estimate of the missing data (40 CFR 
98.126(d)).\2\
     Subpart U: Annual carbonate input by carbonate type (40 
CFR 98.216(f)(1)).\1\
     Subpart U: Annual carbonate output by carbonate type (40 
CFR 98.216(f)(2)).\1\
     Subpart W: For gas well completions and workovers without 
hydraulic fracturing: total count of completions in calendar year (40 
CFR 98.236(c)(6)(ii)(A)).\2\
     Subpart W: Count of compressors (40 CFR 
98.236(c)(14)(v)(A)).\2\
     Subpart TT: Last year the landfill accepted waste (for 
closed landfills using Equation TT-4) (40 CFR 98.466(a)(3)).\1\
     Subpart TT: Capacity of the landfill in metric tons (for 
closed landfills using Equation TT-4) (40 CFR 98.466(a)(4)).\1\
---------------------------------------------------------------------------

    \2\ This data element is listed in one of the eight Part 98 
subparts that were not addressed in the May 26, 2011 Final CBI Rule 
but for which confidentiality determinations will be addressed in a 
separate action; see section II.A.3 of the preamble to the May 26, 
2011 Final CBI Rule.
---------------------------------------------------------------------------

    In addition, there are 23 data elements that were incorrectly 
identified in the December 27, 2010 deferral proposal as inputs to 
emissions equations. For four of these data elements that are in the 34 
subparts addressed in the May 26, 2011 Final CBI Rule, EPA assigned 
them to the appropriate categories and made final determinations 
regarding their confidentiality status in that rule. Consistent with 
the Final CBI Rule, EPA is removing those data elements from the 
deferral list in this final rule. These data elements are:
     Subpart C: Percentage of source operating hours for which 
substitute data is used for stack gas flow rate (40 CFR 
98.36(e)(2)(vi)(C)).
     Subpart C: Percentage of source operating hours for which 
substitute data is used for stack gas moisture content (40 CFR 
98.36(e)(2)(vi)(C)).
     Subpart Y: Average coke burn-off quantity per cycle or 
measurement period, and average carbon content of coke (40 CFR 
98.256(f)(13)).
     Subpart FF: Dates in quarterly reporting period where 
active ventilation of mining operations is taking place (40 CFR 
98.326(l)).
    The remaining 19 data elements that were incorrectly identified in 
the proposed deferral as inputs to emissions equations were in the 
eight subparts not covered by the May 26, 2011 Final CBI Rule. As 
explained in Section II.A.3 of the preamble to that rule, EPA will 
address the confidentiality of the data elements in those eight 
subparts in a separate action. Consistent with the actions described 
above, EPA is removing these 19 data elements from the list of inputs 
to emission equations in this final rule. These data elements are:
     Subpart I: For all fluorinated GHGs and N2O 
used at your facility for which you have not calculated emissions using 
Equations I-6, I-7, I-8, I-9, and I-10, the chemical name of the GHG 
used, the annual consumption of the gas, and a brief description of its 
use (40 CFR 98.96(g)).
     Subpart I: Certification that each abatement system has 
been installed, maintained, and operated in accordance with 
manufacturers' specifications (40 CFR 98.96(q)(1)).
     Subpart W: Total number of days of gas venting to the 
atmosphere during backflow for completion (40 CFR 98.236(c)(6)(ii)(C)).
     Subpart W: Number of wellhead separators sending oil to 
atmospheric tanks (40 CFR 98.236(c)(8)(i)(A)).
     Subpart W: Count of hydrocarbon tanks at well pads (40 CFR 
98.236(c)(8)(i)(D)).
     Subpart W: Best estimate of count of stock tanks not at 
well pads receiving your oil (40 CFR 98.236(c)(8)(i)(E)).
     Subpart W: Count of tanks with emissions control measures, 
either vapor recovery system or flaring, for tanks at well pads (40 CFR 
98.236(c)(8)(i)(G)).
     Subpart W: Best estimate of count of stock tanks assumed 
to have emissions control measures not at well pads, receiving your oil 
(40 CFR 98.236(c)(8)(i)(H)).
     Subpart W: Range of concentrations of flash gas, 
CH4, and carbon dioxide (CO2) (40 CFR 
98.236(c)(8)(i)(I)).
     Subpart W: Report emissions individually for Calculation 
Methodology 1 and 2 of Sec.  98.233(j) (40 CFR 98.236(c)(8)(i)(J)).
     Subpart W: Total number of wells sending oil directly to 
tanks (40 CFR 98.236(c)(8)(ii)(B)).

[[Page 53063]]

     Subpart W: Total number of wells sending oil to separators 
off the well pads (40 CFR 98.236(c)(8)(ii)(C)).
     Subpart W: Count of hydrocarbon tanks on wellpads (40 CFR 
98.236(c)(8)(ii)(E)).
     Subpart W: Count of hydrocarbon tanks, both on and off 
well pads assumed to have emissions control measures: either vapor 
recovery system or flaring of tank vapors (40 CFR 98.236(c)(8)(ii)(F)).
     Subpart W: Number of wells without wellhead separators (40 
CFR 98.236(c)(8)(iii)(B)).
     Subpart W: Total volume of oil production in barrels per 
year (40 CFR 98.236(c)(8)(iii)(C)).
     Subpart W: CH4 and CO2 emissions 
(refer to Equation W-31 of Sec.  98.233) collectively by equipment type 
(40 CFR 98.236(c)(15)(ii)(C)).
     Subpart W: Report emissions collectively (40 CFR 
98.236(c)(17)(v)).
     Subpart W: Report annual throughput as determined by 
engineering estimate based on best available data for each industry 
segment listed in paragraphs (a)(1) through (a)(8) of this section (40 
CFR 98.236(d)).
    We also have removed the following data element from the list of 
deferred inputs to emission equations because it is no longer required 
to be reported.
     Subpart CC: Annual operating hours for manufacturing lines 
used to produce soda ash using liquid alkaline feedstock (40 CFR 
98.296(b)(10)(vii)).
    We also have added clarifications regarding the conditions under 
which certain data elements are deferred:
     Subpart Y: For 40 CFR 98.256(h)(5), we have clarified that 
the annual volume of recycled tail gas is deferred only for reporters 
who use this data element to calculate the recycling correction factor.
     Subpart HH: For 40 CFR 98.346(a), we have clarified that 
the last year the landfill accepted waste and the capacity of the 
landfill are deferred only when reported by closed landfills using 
Equation HH-3 to calculate emissions.
    In this final rule, EPA has also deleted two erroneous rule 
citations from the list of inputs in the December 27, 2010 deferral 
proposal. These citations are 40 CFR 98.236(c)(14)(iv)(A) and (iv)(B). 
Though listed in the deferral proposal as reporting requirements for 
subpart W, these two paragraphs are not in the final subpart W rule 
published on November 30, 2010 (75 FR 74458).

III. Response to Significant Comments on the Proposed Amendments

    This section contains a brief summary of the significant comments 
and our responses thereto. Other comments were also received. Responses 
to these comments can be found in ``Response to Comments on the 
Greenhouse Gas Reporting Rule--Deferral Notice and Call for 
Information'' in the docket.
    Comment: Several commenters supported deferring all data elements 
used as inputs to emission equations through the proposed date of March 
13, 2014. Some commenters specified the source categories and/or data 
elements for which they support the deferral. These commenters 
explained that the inputs in these categories would cause competitive 
harm if made publicly available and described how this would occur. For 
example, some of these commenters provided information on how release 
of certain product composition, production and throughput quantities, 
and raw material data elements could be used by their competitors to 
gain a competitive advantage and cause harm to the reporter. Some 
commenters noted that particular inputs are not publicly available and 
named steps that reporters take to protect these data. Some of these 
commenters noted that other Federal and State agencies that collect 
similar information treat the information as confidential.
    Other commenters opposed deferring the reporting of any of the Part 
98 data elements. Some commenters indicated that many of the data 
elements proposed for deferral are publicly available in Federal and 
State permits, State inventories, published studies, or other publicly 
available sources, or otherwise not likely to cause substantial 
competitive harm if made publicly available. Additionally, some data 
elements and subparts did not receive comments, and some received 
comments that asserted a position without providing evidence.
    Response: EPA appreciates the comments in support of deferring the 
reporting deadline for inputs to equations. As part of the evaluations 
described in Section II.A of this preamble, EPA will consider the 
examples of competitive harm, public availability, and other factors 
that commenters provided for many of the inputs.
    EPA disagrees with the comments opposing deferral of any of the 
inputs. However, as explained in Section II.A of this preamble, EPA is 
deferring the reporting deadline only until March 31, 2013 for those 
inputs for which our evaluations are less time-consuming or further 
along. For the others, the evaluations of which are more complex and 
time-consuming, EPA is deferring the reporting deadline until March 31, 
2015.
    Comment: Some commenters contended that the December 27, 2010 
deferral proposal was contrary to law and Congressional intent and 
would subvert the spirit of the reporting mandate.
    Response: EPA disagrees with these comments. Title II of the 2008 
Consolidated Appropriations Act (H.R. 2764; Pub. L. 110-161) requires 
EPA to establish ``mandatory reporting of greenhouse gas emissions 
above appropriate thresholds in all sectors'' of the U.S. economy 
through publication of a draft rule within 9 months of the promulgation 
of the Appropriations Act and a final rule within 18 months, a task EPA 
accomplished in its promulgation of the Greenhouse Gas Reporting 
Program under Part 98. Congress left the Agency discretion in 
determining the specific data to be reported, timing of data reporting, 
and the methods of data calculation and verification. Today's action 
affects only the reporting deadline of the data elements identified as 
inputs to emission equations, which EPA has discretion to establish. 
During the deferral period, reporters must continue to report GHG 
emission levels and all other data required under Part 98 that are not 
identified as inputs to emission equations.
    Comment: Some commenters referenced comments submitted by the 
Federal Trade Commission (FTC) on the July 7, 2010, CBI proposal, 
stating that public disclosure of specific data elements would create 
antitrust concerns.
    Response: EPA appreciates the comments from the FTC and from 
commenters that referenced those comments. As explained in the 
memorandum to the docket describing EPA's process for evaluating the 
inputs to emission equations, ``Process for Evaluating and Potentially 
Amending Part 98 Inputs to Emission Equations,'' EPA will take these 
comments into consideration in determining the likelihood of each input 
to cause substantial competitive harm if released.
    Comment: Several commenters indicated that deferring reporting of 
inputs to emission equations would interfere with State greenhouse gas 
reporting programs.
    Response: EPA disagrees with these comments. The deferred reporting 
of inputs to emission equations under EPA's Greenhouse Gas Reporting 
Program does not affect the ability of States to require facilities to 
report these data elements.
    Comment: Several commenters alleged that deferring the reporting 
deadline for inputs to emission equations would render EPA unable to

[[Page 53064]]

verify reported emission totals during the deferral period.
    Response: EPA disagrees with this comment. For the direct emitter 
source categories, EPA recognizes that, during the deferral period, we 
will receive fewer data upon which to conduct electronic verification. 
As a result, as described in the December 27, 2010 deferral proposal, 
EPA temporarily will place additional emphasis on direct follow-up with 
facilities. Although we will not be requiring the reporting of equation 
inputs during the deferral period, we will nonetheless be requiring 
reporting of several different types of data that will be used for 
verification. These data include the calculation methodologies used, 
specific test methods that were used to determine equation inputs, an 
indication of whether missing data procedures were used, and various 
operating characteristics such as plant and equipment capacities and 
production rates. These data will be used in the electronic 
verification process. EPA is confident that electronic verification 
coupled with more robust direct follow-up will achieve verification 
during the deferral period.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
These amendments do not make any substantive changes to the reporting 
requirements in any of the subparts. The amendments simply delay 
reporting of certain data elements. However, the Office of Management 
and Budget has previously approved the information collection 
requirements for 31 subparts contained in the regulations promulgated 
on October 30, 2009 (ICR number 2300.03); subpart W promulgated on 
November 30, 2010 (ICR number 2376.02); subparts I, L, DD, QQ, and SS 
promulgated on December 1, 2010 (ICR number 2373.02); subparts T, FF, 
II, and TT promulgated on July 12, 2010; and subparts RR and UU 
promulgated on December 1, 2010 (ICR number 2372.02) under 40 CFR part 
98 under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 
et seq.

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 this 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 these rule amendments on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. The rule 
amendments will not impose any new requirements on small entities that 
are not currently required by Part 98.
    EPA took several steps to reduce the impact of Part 98 on small 
entities. For example, EPA determined appropriate thresholds that 
reduced the number of small businesses reporting. In addition, EPA 
conducted several meetings with industry associations to discuss 
regulatory options and the corresponding burden on industry, such as 
recordkeeping and reporting. For a summary of EPA's consultations with 
State and/or local officials or other representatives of State and/or 
local governments in developing Part 98, see Section VIII.D of the 
preamble to the final rule (74 FR 56370, October 30, 2009). Finally, 
EPA continues to conduct significant outreach on the GHG reporting 
program and maintains an ``open door'' policy for stakeholders to help 
inform EPA's understanding of key issues for the industries.

D. Unfunded Mandates Reform Act (UMRA)

    Title II of the Unfunded 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. Federal 
agencies must also develop a plan to provide notice to small 
governments that might be significantly or uniquely affected by any 
regulatory requirements. The plan must enable officials of affected 
small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates and must inform, educate, and advise small 
governments on compliance with the regulatory requirements.
    The rule amendments do not contain a Federal mandate that may 
result in expenditures of $100 million or more for State, local, and 
Tribal governments, in the aggregate, or the private sector in any one 
year. Thus, the rule amendments are not subject to the requirements of 
section 202 and 205 of the UMRA. This rule is also not subject to the 
requirements of section 203 of UMRA because it contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. The amendments will not impose any new requirements that 
are not currently required for Part 98, and the rule amendments would 
not unfairly apply to small governments. Therefore, this action is not 
subject to the requirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism

    This action 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 Executive Order 13132.
    These amendments apply directly to facilities that supply certain 
products that would result in GHGs when released, combusted or oxidized 
and facilities that directly emit greenhouses gases. They do not apply 
to governmental entities unless the government entity owns a facility 
that directly emits GHGs above threshold levels (such as a landfill), 
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, Executive Order 
13132 does not apply to this action.
    Although section 6 of Executive Order 13132 does not apply to this 
action, EPA did consult with State and local officials or 
representatives of State and local governments in developing Part 98. 
For a discussion of how Part 98 relates to existing State programs and 
a summary

[[Page 53065]]

of EPA's consultations with State and local government representatives 
during the development of Part 98, see Sections II and VIII of the 
preamble for the final Part 98 (74 FR 56260, October 30, 2009), 
respectively. In addition, after the July 7, 2010 CBI proposal, EPA 
held meetings with associations including State and local agencies, and 
considered public comments submitted by such agencies in developing the 
final confidentiality determinations and 40 CFR part 2 amendments.

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

    This action does not have Tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). The rule 
amendments would not result in any changes to the requirements that are 
not currently required for Part 98. Thus, Executive Order 13175 does 
not apply to this action.
    Although Executive Order 13175 does not apply to this action, EPA 
consulted with Tribal officials in developing Part 98. A summary of the 
concerns raised during that consultation and EPA's response to those 
concerns is provided in Section VIII.F of the preamble to the final 
Part 98 (74 FR 56371, October 30, 2009).

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

    EPA interprets Executive Order 13045 (62 FR 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 Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 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 action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001), because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (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 the Office of Management and Budget (OMB), 
explanations when the Agency decides not to use available and 
applicable voluntary consensus standards.
    This rulemaking does not involve technical standards. Therefore, 
EPA is not considering the use of any voluntary consensus standards.

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

    Executive Order 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 United States.
    EPA has determined that these rule amendments 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 is because this rule addresses 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 U.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 not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective September 9, 2011.

List of Subjects in 40 CFR Part 98

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

    Dated: August 19, 2011.
Lisa P. Jackson,
Administrator.
    For the reasons stated in the preamble, title 40, Chapter I, of the 
Code of Federal Regulations is amended as follows:

PART 98--[AMENDED]

0
1. The authority citation for part 98 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart A--[Amended]

0
2. Section 98.3 is amended by revising paragraph (c)(4)(vii) to read as 
follows:


Sec.  98.3  What are the general monitoring, reporting, recordkeeping, 
and verification requirements of this part?

* * * * *
    (c) * * *
    (4) * * *
    (vii) The owner or operator of a facility is not required to report 
the data elements specified in Table A-6 to this subpart for calendar 
years 2010 through 2011 until March 31, 2013. The owner or operator of 
a facility is not required to report the data elements specified in 
Table A-7 to this subpart for calendar years 2010 through 2013 until 
March 31, 2015.
* * * * *
    3. Subpart A is amended by revising Table A-6 to Subpart A of Part 
98 and adding Table A-7 to Subpart A of Part 98 to read as follows:

[[Page 53066]]



   Table A-6 to Subpart A of Part 98--Data Elements That Are Inputs to
  Emission Equations and for Which the Reporting Deadline Is March 31,
                                  2013
------------------------------------------------------------------------
                                                        Specific data
                                                     elements for which
                                                      reporting date is
                                                       March 31, 2013
                                                     (``All'' means all
    Subpart       Rule citation  (40 CFR part 98)   data elements in the
                                                     cited paragraph are
                                                     not required to be
                                                    reported until March
                                                          31, 2013)
------------------------------------------------------------------------
C.............  98.36(d)(1)(iv)...................  All.
C.............  98.36(d)(2)(ii)(G)................  All.
C.............  98.36(d)(2)(iii)(G)...............  All.
C.............  98.36(e)(2)(iv)(G)................  All.
C.............  98.36(e)(2)(viii)(A)..............  All.
C.............  98.36(e)(2)(viii)(B)..............  All.
C.............  98.36(e)(2)(viii)(C)..............  All.
C.............  98.36(e)(2)(x)(A).................  All.
C.............  98.36(e)(2)(xi)...................  All.
DD............  98.306(a)(2)......................  All.
DD............  98.306(a)(3)......................  All.
DD............  98.306(d).........................  All.
DD............  98.306(e).........................  All.
DD............  98.306(f).........................  All.
DD............  98.306(g).........................  All.
DD............  98.306(h).........................  All.
DD............  98.306(i).........................  All.
DD............  98.306(j).........................  All.
DD............  98.306(k).........................  All.
DD............  98.306(l).........................  All.
FF............  98.326(a).........................  All.
FF............  98.326(b).........................  All.
FF............  98.326(c).........................  All.
FF............  98.326(f).........................  Only quarterly
                                                     volumetric flow
                                                     rate.
FF............  98.326(g).........................  Only quarterly CH4
                                                     concentration.
FF............  98.326(h).........................  Only weekly
                                                     volumetric flow
                                                     used to calculate
                                                     CH4 liberated from
                                                     degasification
                                                     systems.
FF............  98.326(j).........................  All.
FF............  98.326(k).........................  All.
FF............  98.326(o).........................  All.
FF............  98.326(p).........................  Only assumed
                                                     destruction
                                                     efficiency for the
                                                     primary destruction
                                                     device and assumed
                                                     destruction
                                                     efficiency for the
                                                     backup destruction
                                                     device.
HH............  98.346(a).........................  Only year in which
                                                     landfill first
                                                     accepted waste,
                                                     last year the
                                                     landfill accepted
                                                     waste (if used as
                                                     an input in
                                                     Equation HH-3),
                                                     capacity of the
                                                     landfill (if used
                                                     as an input in
                                                     Equation HH-3), and
                                                     waste disposal
                                                     quantity for each
                                                     year of
                                                     landfilling.
HH............  98.346(b).........................  Only quantity of
                                                     waste determined
                                                     using the methods
                                                     in Sec.
                                                     98.343(a)(3)(i),
                                                     quantity of waste
                                                     determined using
                                                     the methods in Sec.
                                                       98.343(a)(3)(ii),
                                                     population served
                                                     by the landfill for
                                                     each year, and the
                                                     value of landfill
                                                     capacity (LFC) used
                                                     in the calculation.
HH............  98.346(c).........................  All.
HH............  98.346(d)(1)......................  Only degradable
                                                     organic carbon
                                                     (DOC) value,
                                                     methane correction
                                                     factor (MCF)
                                                     values, and
                                                     fraction of DOC
                                                     dissimilated (DOCF)
                                                     values.
HH............  98.346(d)(2)......................  All.
HH............  98.346(e).........................  Only fraction of CH4
                                                     in landfill gas.
HH............  98.346(f).........................  Only surface area
                                                     associated with
                                                     each cover type.
HH............  98.346(g).........................  All.
HH............  98.346(i)(5)......................  Only annual
                                                     operating hours for
                                                     the primary
                                                     destruction device,
                                                     annual operating
                                                     hours for the
                                                     backup destruction
                                                     device, destruction
                                                     efficiency for the
                                                     primary destruction
                                                     device, and
                                                     destruction
                                                     efficiency for the
                                                     backup destruction
                                                     device.
HH............  98.346(i)(6)......................  All.
HH............  98.346(i)(7)......................  Only surface area
                                                     specified in Table
                                                     HH-3, estimated gas
                                                     collection system
                                                     efficiency, and
                                                     annual operating
                                                     hours of the gas
                                                     collection system.
HH............  98.346(i)(9)......................  Only CH4 generation
                                                     value.
II............  98.356(b)(1)......................  All.
II............  98.356(b)(2)......................  All.
II............  98.356(b)(3)......................  All.
II............  98.356(b)(4)......................  All.
II............  98.356(b)(5)......................  All.
II............  98.356(d)(1)......................  All.
II............  98.356(d)(7)......................  All.
II............  98.356(d)(8)......................  Only annual
                                                     operating hours for
                                                     the primary
                                                     destruction device,
                                                     annual operating
                                                     hours for the
                                                     backup destruction
                                                     device, destruction
                                                     efficiency of the
                                                     primary destruction
                                                     device, and
                                                     destruction
                                                     efficiency of the
                                                     backup destruction
                                                     device.
SS............  98.456(a).........................  All.
SS............  98.456(b).........................  All.
SS............  98.456(c).........................  All.
SS............  98.456(d).........................  All.
SS............  98.456(e).........................  All.
SS............  98.456(f).........................  All.
SS............  98.456(g).........................  All.
SS............  98.456(h).........................  All.
SS............  98.456(i).........................  All.

[[Page 53067]]

 
SS............  98.456(j).........................  All.
SS............  98.456(m).........................  All.
SS............  98.456(n).........................  All.
SS............  98.456(o).........................  All.
SS............  98.456(q).........................  All.
SS............  98.456(r).........................  All.
SS............  98.456(s).........................  All.
SS............  98.456(t).........................  Only for any missing
                                                     data the substitute
                                                     parameters used to
                                                     estimate emissions
                                                     in their absence.
TT............  98.466(a)(2)......................  All.
TT............  98.466(a)(3)......................  Only last year the
                                                     landfill accepted
                                                     waste (for closed
                                                     landfills using
                                                     Equation TT-4).
TT............  98.466(a)(4)......................  Only capacity of the
                                                     landfill in metric
                                                     tons (for closed
                                                     landfills using
                                                     Equation TT-4).
TT............  98.466(c)(1)......................  All.
TT............  98.466(c)(4)(i)...................  All.
TT............  98.466(c)(4)(ii)..................  All.
TT............  98.466(c)(4)(iii).................  All.
TT............  98.466(d)(1)......................  All.
TT............  98.466(d)(2)......................  Only degradable
                                                     organic carbon
                                                     (DOCX) value used
                                                     in calculations.
TT............  98.466(d)(3)......................  Only fraction of CH4
                                                     in landfill gas.
TT............  98.466(e)(2)......................  Only surface area
                                                     (in square meters)
                                                     at the start of the
                                                     reporting year for
                                                     the landfill
                                                     sections that
                                                     contain waste and
                                                     that are associated
                                                     with the selected
                                                     cover type (for
                                                     facilities using a
                                                     landfill gas
                                                     collection system).
TT............  98.466(f).........................  All.
------------------------------------------------------------------------


   Table A-7 to Subpart A of Part 98--Data Elements That Are Inputs to
  Emission Equations and for Which the Reporting Deadline Is March 31,
                                  2015
------------------------------------------------------------------------
                                                        Specific data
                                                     elements for which
                                                      reporting date is
                                                       March 31, 2015
                                                     (``All'' means all
    Subpart       Rule citation  (40 CFR part 98)   data elements in the
                                                     cited paragraph are
                                                     not required to be
                                                    reported until March
                                                          31, 2015)
------------------------------------------------------------------------
A.............  98.3(d)(3)(v).....................  All.
C.............  98.36(b)(9)(iii)..................  Only estimate of the
                                                     heat input.
C.............  98.36(c)(2)(ix)...................  Only estimate of the
                                                     heat input from
                                                     each type of fuel
                                                     listed in Table C-
                                                     2.
C.............  98.36(e)(2)(i)....................  All.
C.............  98.36(e)(2)(ii)(A)................  All.
C.............  98.36(e)(2)(ii)(C)................  Only HHV value for
                                                     each calendar month
                                                     in which HHV
                                                     determination is
                                                     required.
C.............  98.36(e)(2)(ii)(D)................  All.
C.............  98.36(e)(2)(iv)(A)................  All.
C.............  98.36(e)(2)(iv)(C)................  All.
C.............  98.36(e)(2)(iv)(F)................  All.
C.............  98.36(e)(2)(ix)(D)................  All.
C.............  98.36(e)(2)(ix)(E)................  All.
C.............  98.36(e)(2)(ix)(F)................  All.
E.............  98.56(b)..........................  All.
E.............  98.56(c)..........................  All.
E.............  98.56(g)..........................  All.
E.............  98.56(h)..........................  All.
E.............  98.56(j)(1).......................  All.
E.............  98.56(j)(3).......................  All.
E.............  98.56(j)(4).......................  All.
E.............  98.56(j)(5).......................  All.
E.............  98.56(j)(6).......................  All.
E.............  98.56(l)..........................  All.
F.............  98.66(a)..........................  All.
F.............  98.66(c)(2).......................  All.
F.............  98.66(c)(3).......................  Only smelter-
                                                     specific slope
                                                     coefficients and
                                                     overvoltage
                                                     emission factors.
F.............  98.66(e)(1).......................  Only annual anode
                                                     consumption (No
                                                     CEMS).
F.............  98.66(f)(1).......................  Only annual paste
                                                     consumption (No
                                                     CEMS).
F.............  98.66(g)..........................  All.
G.............  98.76(b)(2).......................  All.
G.............  98.76(b)(7).......................  All.
G.............  98.76(b)(8).......................  All.
G.............  98.76(b)(9).......................  All.
G.............  98.76(b)(10)......................  All.
G.............  98.76(b)(11)......................  All.
H.............  98.86(b)(2).......................  All.
H.............  98.86(b)(5).......................  All.
H.............  98.86(b)(6).......................  All.
H.............  98.86(b)(8).......................  All.
H.............  98.86(b)(10)......................  All.

[[Page 53068]]

 
H.............  98.86(b)(11)......................  All.
H.............  98.86(b)(12)......................  All.
H.............  98.86(b)(13)......................  All.
H.............  98.86(b)(15)......................  Only monthly kiln-
                                                     specific clinker
                                                     factors (if used)
                                                     for each kiln.
I.............  98.96(f)(1).......................  All.
I.............  98.96(g)..........................  Only annual
                                                     consumption of the
                                                     gas (excluding
                                                     annual consumption
                                                     of gases for which
                                                     the reporter did
                                                     not calculate
                                                     emissions using
                                                     Equations I-6, I-7,
                                                     I-8, I-9, and I-10
                                                     of subpart L).
I.............  98.96(h)..........................  All.
I.............  98.96(i)..........................  All.
I.............  98.96(j)..........................  All.
I.............  98.96(k)..........................  All.
I.............  98.96(l)..........................  All.
I.............  98.96(n)..........................  All.
I.............  98.96(o)..........................  All.
I.............  98.96(q)(2).......................  Only inputs and
                                                     results of
                                                     calculations made
                                                     accounting for the
                                                     uptime of abatement
                                                     systems used during
                                                     the reporting year.
I.............  98.96(q)(3).......................  All.
I.............  98.96(q)(5)(iv)...................  Only inputs used to
                                                     calculate the class
                                                     average.
I.............  98.96(r)..........................  All.
I.............  98.96(s)..........................  Only estimates of
                                                     inputs into the
                                                     heat transfer fluid
                                                     mass balance
                                                     equation.
K.............  98.116(b).........................  Only annual
                                                     production by
                                                     product from each
                                                     EAF (No CEMS).
K.............  98.116(e)(4)......................  All.
K.............  98.116(e)(5)......................  All.
L.............  98.126(b)(1)......................  Only data used in
                                                     calculating the
                                                     absolute errors and
                                                     data used in
                                                     calculating the
                                                     relative errors.
L.............  98.126(b)(2)......................  All.
L.............  98.126(b)(6)......................  Only mass of each
                                                     fluorine-containing
                                                     reactant fed into
                                                     the process.
L.............  98.126(b)(8)(i)...................  Only mass of each
                                                     fluorine-containing
                                                     product that is
                                                     removed from the
                                                     process and fed
                                                     into the
                                                     destruction device.
L.............  98.126(b)(8)(ii)..................  Only mass of each
                                                     fluorine-containing
                                                     by-product that is
                                                     removed from the
                                                     process and fed
                                                     into the
                                                     destruction device.
L.............  98.126(b)(8)(iii).................  Only mass of each
                                                     fluorine-containing
                                                     reactant that is
                                                     removed from the
                                                     process and fed
                                                     into the
                                                     destruction device.
L.............  98.126(b)(8)(iv)..................  Only mass of each
                                                     fluorine-containing
                                                     by-product that is
                                                     removed from the
                                                     process and
                                                     recaptured.
L.............  98.126(b)(8)(v)...................  All.
L.............  98.126(b)(9)(i)...................  All.
L.............  98.126(b)(9)(ii)..................  All.
L.............  98.126(b)(9)(iii).................  All.
L.............  98.126(b)(10).....................  All.
L.............  98.126(b)(11).....................  All.
L.............  98.126(b)(12).....................  All.
L.............  98.126(c)(1)......................  Only quantity of the
                                                     process activity
                                                     used to estimate
                                                     emissions.
L.............  98.126(c)(2)......................  All.
L.............  98.126(d).........................  Only estimate of
                                                     missing data.
L.............  98.126(f)(1)......................  All.
L.............  98.126(g)(1)......................  All.
L.............  98.126(h)(2)......................  All.
N.............  98.146(b)(2)......................  Only annual quantity
                                                     of carbonate based-
                                                     raw material
                                                     charged to each
                                                     continuous glass
                                                     melting furnace.
N.............  98.146(b)(4)......................  All.
N.............  98.146(b)(6)......................  All.
O.............  98.156(a)(2)......................  All.
O.............  98.156(a)(7)......................  All.
O.............  98.156(a)(8)......................  All.
O.............  98.156(a)(9)......................  All.
O.............  98.156(a)(10).....................  All.
O.............  98.156(b)(1)......................  All.
O.............  98.156(b)(2)......................  All.
O.............  98.156(d)(1)......................  All.
O.............  98.156(d)(2)......................  All.
O.............  98.156(d)(3)......................  All.
O.............  98.156(d)(4)......................  All.
O.............  98.156(d)(5)......................  All.
O.............  98.156(e)(1)......................  All.
P.............  98.166(b)(2)......................  All.
P.............  98.166(b)(5)......................  All.
P.............  98.166(b)(6)......................  All.
Q.............  98.176(b).........................  Only annual quantity
                                                     taconite pellets,
                                                     coke, iron, and raw
                                                     steel (No CEMS).
Q.............  98.176(e)(1)......................  All.
Q.............  98.176(e)(3)......................  All.
Q.............  98.176(e)(4)......................  All.

[[Page 53069]]

 
Q.............  98.176(f)(1)......................  All.
Q.............  98.176(f)(2)......................  All.
Q.............  98.176(f)(3)......................  All.
Q.............  98.176(f)(4)......................  All.
Q.............  98.176(g).........................  All.
R.............  98.186(b)(6)......................  All.
R.............  98.186(b)(7)......................  All.
S.............  98.196(b)(2)......................  All.
S.............  98.196(b)(3)......................  All.
S.............  98.196(b)(5)......................  All.
S.............  98.196(b)(6)......................  All.
S.............  98.196(b)(8)......................  All.
S.............  98.196(b)(10).....................  All.
S.............  98.196(b)(11).....................  All.
S.............  98.196(b)(12).....................  All.
U.............  98.216(b).........................  All.
U.............  98.216(e)(1)......................  All.
U.............  98.216(e)(2)......................  All.
U.............  98.216(f)(1)......................  All.
U.............  98.216(f)(2)......................  All.
V.............  98.226(c).........................  All.
V.............  98.226(d).........................  All.
V.............  98.226(i).........................  All.
V.............  98.226(j).........................  All.
V.............  98.226(m)(1)......................  All.
V.............  98.226(m)(3)......................  All.
V.............  98.226(m)(4)......................  All.
V.............  98.226(m)(5)......................  All.
V.............  98.226(m)(6)......................  All.
V.............  98.226(p).........................  All.
W.............  98.236(c)(1)(i)...................  All.
W.............  98.236(c)(1)(ii)..................  All.
W.............  98.236(c)(1)(iii).................  All.
W.............  98.236(c)(2)(i)...................  All.
W.............  98.236(c)(3)(i)...................  All.
W.............  98.236(c)(3)(ii)..................  All.
W.............  98.236(c)(3)(iii).................  All.
W.............  98.236(c)(4)(i)(A)................  All.
W.............  98.236(c)(4)(i)(B)................  All.
W.............  98.236(c)(4)(i)(C)................  All.
W.............  98.236(c)(4)(i)(D)................  All.
W.............  98.236(c)(4)(i)(E)................  All.
W.............  98.236(c)(4)(i)(F)................  All.
W.............  98.236(c)(4)(i)(G)................  All.
W.............  98.236(c)(4)(i)(H)................  All.
W.............  98.236(c)(4)(ii)(A)...............  All.
W.............  98.236(c)(5)(iii).................  All.
W.............  98.236(c)(5)(iv)..................  All.
W.............  98.236(c)(5)(v)...................  All.
W.............  98.236(c)(6)(i)(B)................  All.
W.............  98.236(c)(6)(i)(D)................  All.
W.............  98.236(c)(6)(i)(E)................  All.
W.............  98.236(c)(6)(i)(F)................  All.
W.............  98.236(c)(6)(ii)(A)...............  All.
W.............  98.236(c)(6)(ii)(B)...............  All.
W.............  98.236(c)(7)(i)...................  All.
W.............  98.236(c)(8)(i)(B)................  All.
W.............  98.236(c)(8)(i)(C)................  All.
W.............  98.236(c)(8)(i)(F)................  All.
W.............  98.236(c)(8)(ii)(A)...............  All.
W.............  98.236(c)(8)(ii)(D)...............  All.
W.............  98.236(c)(8)(iii)(A)..............  All.
W.............  98.236(c)(8)(iii)(D)..............  All.
W.............  98.236(c)(8)(iii)(E)..............  All.
W.............  98.236(c)(10)(ii).................  All.
W.............  98.236(c)(10)(iii)................  All.
W.............  98.236(c)(11)(ii).................  All.
W.............  98.236(c)(12)(ii).................  All.
W.............  98.236(c)(12)(iii)................  All.
W.............  98.236(c)(12)(v)..................  All.

[[Page 53070]]

 
W.............  98.236(c)(13)(i)(B)...............  All.
W.............  98.236(c)(13)(i)(E)...............  All.
W.............  98.236(c)(13)(i)(F)...............  All.
W.............  98.236(c)(13)(ii)(A)..............  All.
W.............  98.236(c)(13)(ii)(B)..............  All.
W.............  98.236(c)(13)(iii)(A).............  All.
W.............  98.236(c)(13)(iii)(B).............  All.
W.............  98.236(c)(13)(v)(A)...............  All.
W.............  98.236(c)(14)(i)(B)...............  All.
W.............  98.236(c)(14)(ii)(A)..............  All.
W.............  98.236(c)(14)(ii)(B)..............  All.
W.............  98.236(c)(14)(iii)(A).............  All.
W.............  98.236(c)(14)(iii)(B).............  All.
W.............  98.236(c)(14)(v)(A)...............  All.
W.............  98.236(c)(15)(i)(A)...............  All.
W.............  98.236(c)(15)(i)(B)...............  All.
W.............  98.236(c)(15)(ii)(A)..............  All.
W.............  98.236(c)(15)(ii)(B)..............  All.
W.............  98.236(c)(16)(i)..................  All.
W.............  98.236(c)(16)(ii).................  All.
W.............  98.236(c)(16)(iii)................  All.
W.............  98.236(c)(16)(iv).................  All.
W.............  98.236(c)(16)(v)..................  All.
W.............  98.236(c)(16)(vi).................  All.
W.............  98.236(c)(16)(vii)................  All.
W.............  98.236(c)(16)(viii)...............  All.
W.............  98.236(c)(16)(ix).................  All.
W.............  98.236(c)(16)(x)..................  All.
W.............  98.236(c)(16)(xi).................  All.
W.............  98.236(c)(16)(xii)................  All.
W.............  98.236(c)(16)(xiii)...............  All.
W.............  98.236(c)(16)(xiv)................  All.
W.............  98.236(c)(17)(ii).................  All.
W.............  98.236(c)(17)(iii)................  All.
W.............  98.236(c)(17)(iv).................  All.
W.............  98.236(c)(18)(i)..................  All.
W.............  98.236(c)(18)(ii).................  All.
W.............  98.236(c)(19)(iv).................  All.
W.............  98.236(c)(19)(vii)................  All.
X.............  98.246(a)(4)......................  Only monthly volume
                                                     values, monthly
                                                     mass values,
                                                     monthly carbon
                                                     content values,
                                                     molecular weights
                                                     for gaseous
                                                     feedstocks,
                                                     molecular weights
                                                     for gaseous
                                                     products, and
                                                     indication of
                                                     whether the
                                                     alternative method
                                                     in Sec.
                                                     98.243(c)(4) was
                                                     used.
X.............  98.246(b)(5)(iii).................  All.
X.............  98.246(b)(5)(iv)..................  All.
Y.............  98.256(e)(6)......................  Only molar volume
                                                     conversion factor
                                                     for each flare.
Y.............  98.256(e)(7)......................  Only molar volume
                                                     conversion factor
                                                     for each flare.
Y.............  98.256(e)(7)(ii)..................  All.
Y.............  98.256(e)(9)......................  Only annual volume
                                                     of flare gas
                                                     combusted, annual
                                                     average higher
                                                     heating value of
                                                     the flare gas,
                                                     volume of gas
                                                     flared, average
                                                     molecular weight,
                                                     carbon content of
                                                     the flare, and
                                                     molar volume
                                                     conversion factor
                                                     if using Eq. Y-3.
Y.............  98.256(e)(10).....................  Only fraction of
                                                     carbon in the flare
                                                     gas contributed by
                                                     methane.
Y.............  98.256(f)(7)......................  Only molar volume
                                                     conversion factor.
Y.............  98.256(f)(10).....................  Only coke burn-off
                                                     factor, annual
                                                     throughput of unit,
                                                     and average carbon
                                                     content of coke.
Y.............  98.256(f)(11).....................  Only units of
                                                     measure for the
                                                     unit-specific CH4
                                                     emission factor,
                                                     activity data for
                                                     calculating
                                                     emissions, and unit-
                                                     specific emission
                                                     factor for CH4.
Y.............  98.256(f)(12).....................  Only unit-specific
                                                     emission factor for
                                                     N2O, units of
                                                     measure for the
                                                     unit-specific N2O
                                                     emission factor,
                                                     and activity data
                                                     for calculating
                                                     emissions.
Y.............  98.256(f)(13).....................  Only average carbon
                                                     content of coke.
Y.............  98.256(h)(4)......................  All.
Y.............  98.256(h)(5)......................  Only value of the
                                                     correction, annual
                                                     volume of recycled
                                                     tail gas (if used
                                                     to calculate
                                                     recycling
                                                     correction factor),
                                                     and annual average
                                                     mole fraction of
                                                     carbon in the tail
                                                     gas (if used to
                                                     calculate recycling
                                                     correction factor).
Y.............  98.256(i)(5)......................  Only annual mass of
                                                     green coke fed,
                                                     carbon content of
                                                     green coke fed,
                                                     annual mass of
                                                     marketable coke
                                                     produced, carbon
                                                     content of
                                                     marketable coke
                                                     produced, and
                                                     annual mass of coke
                                                     dust removed from
                                                     the process.
Y.............  98.256(i)(7)......................  Only the unit-
                                                     specific CH4
                                                     emission factor,
                                                     units of measure
                                                     for unit-specific
                                                     CH4 emission
                                                     factor, and
                                                     activity data for
                                                     calculating
                                                     emissions.
Y.............  98.256(i)(8)......................  Only units of
                                                     measure for the
                                                     unit-specific
                                                     factor, activity
                                                     data used for
                                                     calculating
                                                     emissions, and site-
                                                     specific emissions
                                                     factor.
Y.............  98.256(j)(2)......................  All.

[[Page 53071]]

 
Y.............  98.256(j)(5)......................  Only CO2 emission
                                                     factor.
Y.............  98.256(j)(6)......................  Only CH4 emission
                                                     factor.
Y.............  98.256(j)(7)......................  Only carbon emission
                                                     factor.
Y.............  98.256(j)(8)......................  Only CO2 emission
                                                     factor and carbon
                                                     emission factor.
Y.............  98.256(j)(9)......................  Only CH4 emission
                                                     factor.
Y.............  98.256(k)(3)......................  Only dimensions of
                                                     coke drum or
                                                     vessel, typical
                                                     gauge pressure of
                                                     the coking drum,
                                                     typical void
                                                     fraction of coke
                                                     drum or vessel,
                                                     annual number of
                                                     coke-cutting cycles
                                                     of coke drum or
                                                     vessel, and molar
                                                     volume conversion
                                                     factor for each
                                                     coke drum or
                                                     vessel.
Y.............  98.256(k)(4)......................  Only height and
                                                     diameter of the
                                                     coke drums,
                                                     cumulative number
                                                     of vessel openings
                                                     for all delayed
                                                     coking drums,
                                                     typical venting
                                                     pressure, void
                                                     fraction, mole
                                                     fraction of methane
                                                     in coking gas.
Y.............  98.256(l)(5)......................  Only molar volume
                                                     conversion factor.
Y.............  98.256(m)(3)......................  Only total quantity
                                                     of crude oil plus
                                                     the quantity of
                                                     intermediate
                                                     products received
                                                     from off-site, CH4
                                                     emission factor
                                                     used, and molar
                                                     volume conversion
                                                     factor.
Y.............  98.256(n)(3)......................  All (if used in
                                                     Equation Y-21 to
                                                     calculate emissions
                                                     from equipment
                                                     leaks).
Y.............  98.256(o)(2)(ii)..................  All.
Y.............  98.256(o)(4)(ii)..................  All.
Y.............  98.256(o)(4)(iii).................  All.
Y.............  98.256(o)(4)(iv)..................  All.
Y.............  98.256(o)(4)(v)...................  All.
Y.............  98.256(o)(4)(vi)..................  Only tank-specific
                                                     methane composition
                                                     data and gas
                                                     generation rate
                                                     data.
Y.............  98.256(o)(6)......................  Only quantity of
                                                     unstabilized crude
                                                     oil received during
                                                     the calendar year;
                                                     average pressure
                                                     differential; and
                                                     mole fraction of
                                                     CH4 in vent gas
                                                     from the
                                                     unstabilized crude
                                                     oil storage tank.
Y.............  98.256(o)(7)......................  All.
Y.............  98.256(p)(2)......................  Only quantity of
                                                     materials loaded
                                                     that have an
                                                     equilibrium vapor-
                                                     phase concentration
                                                     of CH4 of 0.5
                                                     volume percent or
                                                     greater.
Z.............  98.266(f)(5)......................  All.
Z.............  98.266(f)(6)......................  All.
AA............  98.276(b).........................  All.
AA............  98.276(c).........................  Only annual mass of
                                                     the spent liquor
                                                     solids combusted.
AA............  98.276(d).........................  All.
AA............  98.276(e).........................  All.
AA............  98.276(f).........................  All.
AA............  98.276(g).........................  All.
AA............  98.276(h).........................  All.
AA............  98.276(i).........................  All.
BB............  98.286(b)(1)......................  All.
BB............  98.286(b)(4)......................  All.
BB............  98.286(b)(6)......................  All.
CC............  98.296(b)(5)......................  Only monthly
                                                     consumption of
                                                     trona or liquid
                                                     alkaline feedstock
                                                     (for facilities
                                                     using Equation CC-
                                                     1).
CC............  98.296(b)(6)......................  Only monthly
                                                     production of soda
                                                     ash for each
                                                     manufacturing
                                                     line(for facilities
                                                     using Equation CC-
                                                     2).
CC............  98.296(b)(7)......................  All.
CC............  98.296(b)(10)(i)..................  All.
CC............  98.296(b)(10)(ii).................  All.
CC............  98.296(b)(10)(iii)................  All.
CC............  98.296(b)(10)(iv).................  All.
CC............  98.296(b)(10)(v)..................  All.
CC............  98.296(b)(10)(vi).................  All.
EE............  98.316(b)(6)......................  All.
EE............  98.316(b)(9)......................  All.
GG............  98.336(b)(6)......................  All.
GG............  98.336(b)(7)......................  All.
GG............  98.336(b)(10).....................  All.
II............  98.356(d)(2)......................  All (if conducting
                                                     weekly sampling).
II............  98.356(d)(3)......................  All (if conducting
                                                     weekly sampling).
II............  98.356(d)(4)......................  Only weekly average
                                                     temperature (if
                                                     conducting weekly
                                                     sampling).
II............  98.356(d)(5)......................  Only weekly average
                                                     moisture content
                                                     (if conducting
                                                     weekly sampling).
II............  98.356(d)(6)......................  Only weekly average
                                                     pressure (if
                                                     conducting weekly
                                                     sampling).
TT............  98.466(c)(3)(i)...................  All.
TT............  98.466(c)(3)(ii)..................  Only waste disposal
                                                     quantity and
                                                     production
                                                     quantity.
TT............  98.466(c)(3)(iii).................  All.
------------------------------------------------------------------------

[FR Doc. 2011-21727 Filed 8-24-11; 8:45 am]
BILLING CODE 6560-50-P