[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Rules and Regulations]
[Pages 73886-73910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29742]



[[Page 73885]]

Vol. 76

Tuesday,

No. 229

November 29, 2011

Part IV





Environmental Protection Agency





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40 CFR Part 98





Mandatory Reporting of Greenhouse Gases; Final Rule

  Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / 
Rules and Regulations  

[[Page 73886]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0147; FRL-9493-9]
RIN 2060-AQ85


Mandatory Reporting of Greenhouse Gases

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is amending specific provisions in the Mandatory 
Reporting of Greenhouse Gases Rule to correct certain technical and 
editorial errors that have been identified since promulgation and to 
clarify certain provisions that have been the subject of questions from 
reporters. These final changes include additional information to 
clarify compliance obligations, correct data reporting elements so they 
more closely conform to the information used to perform calculations, 
and make other corrections and amendments. In addition, these final 
amendments allow a limited, one-time six month extension of the 2012 
reporting deadline for facilities and suppliers that contain one or 
more source categories for which data collection began in 2011.

DATES: Effective Date: The final rule amendments are effective on 
December 29, 2011.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2011-0147. 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 the EPA's Docket Center, Public Reading Room, EPA West 
Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 
20004. This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
Air Docket 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; email 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.

SUPPLEMENTARY INFORMATION:
    Regulated Entities. The Administrator determined that this action 
is subject to the provisions of Clean Air Act (CAA) 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. These amended regulations 
affect owners or operators of certain industrial gas suppliers, direct 
emitters of GHGs, and facilities that geologically sequester or 
otherwise inject carbon dioxide (CO2) underground. Regulated 
categories and examples of affected entities include those listed in 
Table 1 of this preamble:

           Table 1--Examples of Affected Entities by Category
------------------------------------------------------------------------
                                                    Examples of affected
           Category                   NAICS              facilities
------------------------------------------------------------------------
Magnesium Production..........             331419  Primary refiners of
                                                    nonferrous metals by
                                                    electrolytic
                                                    methods.
                                           331492  Secondary magnesium
                                                    processing plants.
Petroleum and Natural Gas                  486210  Pipeline
 Systems.                                  221210   transportation of
                                                    natural gas.
                                                   Natural gas
                                                    distribution
                                                    facilities.
                                              211  Extractors of crude
                                                    petroleum and
                                                    natural gas.
                                           211112  Natural gas liquid
                                                    extraction
                                                    facilities.
Underground Coal Mines........             212113  Underground
                                                    anthracite coal
                                                    mining operations.
                                           212112  Underground
                                                    bituminous coal
                                                    mining operations.
Electronics Manufacturing.....             334111  Microcomputers
                                           334413   manufacturing
                                                    facilities.
                                                   Semiconductor,
                                                    photovoltaic (solid-
                                                    state) device
                                                    manufacturing
                                                    facilities.
                                           334419  LCD unit screens
                                                    manufacturing
                                                    facilities.
                                           334419  MEMS manufacturing
                                                    facilities.
Electrical Transmission and                221121  Electric bulk power
 Distribution Equipment Use.                        transmission and
                                                    control facilities.
Electric Equipment Manufacture              33531  Power transmission
 or Refurbishment.                                  and distribution
                                                    switchgear and
                                                    specialty
                                                    transformers
                                                    manufacturing
                                                    facilities.
Fluorinated GHG Production....             325120  Industrial gases
                                                    manufacturing
                                                    facilities.
Importers and Exporters of Pre-            423730  Air-conditioning
 charged Equipment and Closed-             333415   equipment (except
 Cell Foams.                                        room units) merchant
                                                    wholesalers.
                                                   Air conditioning
                                                    equipment (except
                                                    motor vehicle)
                                                    manufacturing.
                                           423620  Air conditioners,
                                                    room, merchant
                                                    wholesalers.
                                           443111  Household appliance
                                                    stores.
                                           326150  Polyurethane foam
                                                    products
                                                    manufacturing.
                                           335313  Circuit breakers,
                                                    power,
                                                    manufacturing.
                                           423610  Circuit breakers
                                                    merchant
                                                    wholesalers.
Industrial Wastewater                      322110  Pulp mills.
 Treatment.                                322121  Paper mills.
                                           322122  Newsprint mills
                                           322130  Paperboard mills.
                                           311611  Meat processing
                                                    facilities.
                                           311411  Frozen fruit, juice,
                                                    and vegetable
                                                    manufacturing
                                                    facilities.

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                                           311421  Fruit and vegetable
                                                    canning facilities.
                                           325193  Ethanol manufacturing
                                                    facilities.
                                           324110  Petroleum refineries.
Suppliers of Industrial GHGs..             325120  Industrial gas
                                                    production
                                                    facilities.
CO2 Enhanced Oil and Gas                      211  Oil and gas
 Recovery Projects.                                 extraction projects
                                                    using CO2 enhanced
                                                    oil and gas
                                                    recovery.
Acid Gas Injection Projects...     211111, 211112  Projects that inject
                                                    acid gas containing
                                                    CO2 underground.
Geologic Sequestration of                     N/A  CO2 geologic
 Carbon Dioxide.                                    sequestration
                                                    projects.
Industrial Waste Landfills....             562212  Solid waste
                                           322110   landfills.
                                           322121  Pulp mills.
                                                   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.
                                           221320  Sewage treatment
                                                    facilities.
------------------------------------------------------------------------

    Table 1 of this preamble is not intended to be exhaustive, but 
rather lists the types of facilities or suppliers that the EPA is now 
aware could potentially be affected by the reporting requirements. 
Other types of facilities and suppliers than those listed in the table 
could 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 sections related to suppliers and direct 
emitters of GHGs. 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.
    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 January 30, 2012. 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. Section 307(d)(7)(B) of the CAA also 
provides a mechanism for the 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 the EPA to 
enforce these requirements.
    Acronyms and Abbreviations. The following acronyms and 
abbreviations are used in this document.

acf actual cubic feet
AGR acid gas removal
ASTM American Society for Testing and Materials
BAMM best available monitoring methods
CAA Clean Air Act
CBI confidential business information
CEMS continuous emissions monitoring system
CFC chlorofluorocarbon
CFR Code of Federal Regulations
CH4 methane
CO2 carbon dioxide
DOC degradable organic carbon
EF emission factor
e-GGRT electronic-GHG Reporting Tool
EPA U.S. Environmental Protection Agency
FR Federal Register
GHG greenhouse gas
GHGRP Greenhouse Gas Reporting Program
HCFC hydrochlorofluorocarbon
kg kilograms
kg/ft\3\ kilograms per cubic foot
mcf methane correction factor
MMscf million standard cubic feet
MRV monitoring, reporting and verification
MSHA Mine Safety and Health Administration
MtCO2e metric tons carbon dioxide equivalent
N2O nitrous oxide
NAICS North American Industry Classification System
NOAA National Oceanic and Atmospheric Administration
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PFCs perfluorocarbons
QA/QC quality assurance/quality control
psia pounds per square inch absolute
RFA Regulatory Flexibility Act
SBREFA Small Business Regulatory Enforcement Fairness Act
SF6 sulfur hexafluoride
U.S. United States
UMRA Unfunded Mandates Reform Act of 1995

Table of Contents

I. Background
    A. How is this preamble organized?
    B. Background on This Action
    C. Legal Authority
    D. How will these amendments apply to 2012 reports?
II. Final Amendments and Responses to Public Comments
    A. Subpart A--General Provisions
    B. Subpart W--Petroleum and Natural Gas Systems
    C. Subpart FF--Underground Coal Mines
    D. Subpart II--Industrial Wastewater Treatment
    E. Subpart OO--Suppliers of Industrial Greenhouse Gases
    F. Subpart RR--Geologic Sequestration of Carbon Dioxide
    G. Subpart TT--Industrial Waste Landfills
III. 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

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    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 the basic background 
information about the origin of these rule amendments. This section 
also discusses the EPA's use of our legal authority under the Clean Air 
Act to collect data under the Mandatory Reporting of Greenhouse Gases 
(GHG reporting) rule.
    The second section of this preamble describes in detail the rule 
changes that are being promulgated to, among other things, correct 
technical errors, provide clarification, and address implementation 
issues identified by the EPA and others. This section also presents a 
summary and the EPA's response to the major public comments submitted 
on the proposed rule amendments, and significant changes, if any, made 
since proposal in response to those comments. Responses to additional 
comments received can be found in the document, ``Response to Comments: 
2011 Technical Corrections, Clarifying and Other Amendments to Certain 
Provisions of the Mandatory Reporting of Greenhouse Gases Rule'' (see 
EPA-HQ-OAR-2011-0147).
    Finally, the last (third) section of the preamble discusses the 
various statutory and executive order requirements applicable to this 
rulemaking.

B. Background on This Action

    The 2009 final GHG reporting rule (2009 final rule) was signed by 
EPA Administrator Lisa Jackson on September 22, 2009 and published in 
the Federal Register on October 30, 2009 (74 FR 56260, October 30, 
2009). The 2009 final rule, which became effective on December 29, 
2009, includes reporting of GHGs from various facilities and suppliers, 
consistent with the 2008 Consolidated Appropriations Act.\1\ Subsequent 
notices were published in 2010 promulgating the requirements for 
subparts FF, II, and TT (75 FR 39736, July 12, 2010), subpart DD (75 FR 
74774, December 1, 2010) and subpart RR (75 FR 75060, December 1, 
2010). Subpart OO, which was promulgated as part of the 2009 final rule 
was also revised in 2010 (75 FR 79092, December 17, 2010). The source 
categories in 40 CFR part 98 (Part 98) cover approximately 85-90 
percent of U.S. GHG emissions through reporting by direct emitters, as 
well as suppliers of certain products that would result in GHG 
emissions when released, used, or oxidized, and those that geologically 
sequester or otherwise inject carbon dioxide (CO2) 
underground.
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    \1\ Consolidated Appropriations Act, 2008, Public Law 110-161, 
121 Stat. 1844, 2128.
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    The EPA published a notice proposing these amendments on August 4, 
2011 (76 FR 47392). The public comment period for the proposed rule 
amendments ended on September 19, 2011. The EPA did not receive any 
requests to hold a public hearing.

C. Legal Authority

    The EPA is finalizing these rule amendments under its existing CAA 
authority, specifically authorities provided in CAA section 114.
    As stated in the preamble to the 2009 final rule (74 FR 56260) and 
the Response to Comments on the Proposed Rule, Volume 9, Legal Issues, 
CAA section 114 provides the EPA broad authority to require the 
information to be gathered by this rule because such data would inform 
and are relevant to the EPA's carrying out a wide variety of CAA 
provisions. As discussed in the preamble to the initial proposed rule 
(74 FR 16448, April 10, 2009), CAA section 114(a)(1) authorizes the 
Administrator to require emissions sources, persons subject to the CAA, 
manufacturers of control or process equipment, or persons whom the 
Administrator believes may have necessary information to monitor and 
report emissions and provide such other information the Administrator 
requests for the purposes of carrying out any provision of the CAA. For 
further information about the EPA's legal authority, see the preambles 
to the 2009 proposed and final rules and the EPA's Response to Comments 
Documents.\2\
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    \2\ 74 FR 16448 (April 10, 2009) and 74 FR 56260 (October 30, 
2009). Response to Comments Documents can be found at http://www.epa.gov/climatechange/emissions/responses.html.
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D. How will these amendments apply to 2012 reports?

    We have determined that it is feasible for the sources to implement 
these technical amendments for the 2011 reporting year because the 
revisions primarily provide additional clarification regarding the 
existing regulatory requirements, do not change the type of information 
that must be collected, and do not materially affect how GHG emissions 
or quantities are calculated. Our rationale for this determination is 
explained in the preamble to the proposed rule amendments.\3\ In 
response to general comments submitted on the proposed rulemaking, we 
have again reviewed the final amendments and determined that they can 
be implemented, as finalized, for the 2011 reporting year. These 
amendments do not require any additional monitoring or data collection 
above what was already included in 40 CFR part 98; therefore, we have 
determined that reporters can use the same information that they have 
been collecting under 40 CFR part 98 for each subpart to calculate and 
report GHG information for 2011 and submit reports in 2012 under the 
amended subparts.
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    \3\ 76 FR 74392 (August 4, 2011).
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    Although the EPA has determined that these amendments can be 
effective for the calculation of GHG emissions and quantities for the 
2011 reporting year, we do note that the EPA is finalizing a limited 
one-time extension of the 2012 reporting deadline to enable testing of 
the electronic-GHG Reporting Tool (e-GGRT), which will reflect these 
amendments. For information on these final amendments and the response 
to comments on the 2012 deadline, please refer to Section II.A.2 of 
this preamble.
    The EPA did not receive any specific comments expressing concern 
about the implementation of the amendments for 2011 data collection. 
One commenter encouraged the EPA to develop guidance documents to 
clarify the changes in the final rule. In addition to the summary of 
the requirements and rationale in this preamble, we are also updating 
subpart-specific outreach materials on our Web site. Technical 
information and implementation materials can be found on the Greenhouse 
Gas Reporting Program Web site http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

II. Final Amendments and Responses to Public Comments

    We are amending various subparts in 40 CFR part 98 to correct 
errors in the regulatory language that were identified following 
promulgation of subparts A and OO on October 30, 2009, subparts FF, II, 
and TT on July 12, 2010, and subparts DD and RR on December 1, 2010. 
These errors were identified as a result of working with reporters to 
implement the various subparts of 40 CFR part 98. We are also amending

[[Page 73889]]

certain rule provisions to provide greater clarity. The amendments to 
40 CFR part 98 include the following types of changes:
     Changes to correct cross references within and between 
subparts.
     Additional information to better or more fully understand 
compliance obligations in a specific provision, such as the reference 
to a standardized method that must be followed.
     Amendments to certain equations to better reflect actual 
operating conditions.
     Corrections to terms and definitions in certain equations.
     Corrections to data reporting requirements so that they 
more closely conform to the information used to perform calculations.
     Other amendments related to certain issues identified as a 
result of working with the affected sources during rule implementation 
and outreach.
    Additionally, we are promulgating a one-time, six-month extension 
of the 2012 reporting deadline for facilities and suppliers that 
contain any source category for which data collection began in 2011. 
The final amendments promulgated by this action reflect the EPA's 
consideration of the comments received on the proposal. The major 
public comments and the EPA's responses for each subpart are provided 
in this preamble. Our responses to additional significant public 
comments on the proposal are presented in a comment response document 
available in Docket ID No. EPA-HQ-OAR-2011-0147.

A. Subpart A--General Provisions

1. Summary of Final Amendments and Major Changes Since Proposal
    The EPA is promulgating several technical clarifications and 
amendments to subpart A to address issues raised by reporters and 
identified by the EPA during the early years of implementation of the 
GHG Reporting Program (GHGRP), as well as to clarify terminology to 
ensure consistency across all subparts.
    Threshold for electrical transmission and distribution equipment 
use. We are amending Table A-3 in the General Provisions to clarify 
applicability of the rule for Electrical Transmission and Distribution 
Equipment Use (subpart DD). Specifically, we are revising the Table A-3 
entry for subpart DD to reference the capacity threshold language of 40 
CFR 98.301 as follows: Electrical transmission and distribution use at 
facilities where the total nameplate capacity of SF6 and PFC 
containing equipment exceeds 17,820 pounds, as determined under 40 CFR 
98.301 (subpart DD). This revision clarifies that only those facilities 
above the capacity threshold requirements of 40 CFR 98.301 must submit 
an annual report.
    Threshold for underground coal mines. We are revising the threshold 
for underground coal mines subject to subpart FF to include only those 
that have ventilation emissions of 36,500,000 acf of CH4 or 
more per year. For a full description of this change, please refer to 
the relevant discussion under subpart FF of this action.
    Computation of time. The EPA is adding a provision to 40 CFR 
98.3(b) to allow information, including but not limited to, the annual 
GHG report and any subsequent re-submissions, the certificate of 
representation, and requests to use best available monitoring methods, 
to be submitted to the EPA on the next business day in the event that a 
regulatory deadline falls on a weekend or a federal holiday. This 
revision is consistent with a similar provision under the Acid Rain 
Program (40 CFR 72.11) and provides all reasonable flexibilities for 
submitting data in a timely manner without compromising program 
integrity.
    2012 reporting deadline. We are promulgating a one-time, six month 
extension of the 2012 reporting deadline for facilities and suppliers 
that contain one or more source categories for which data collection 
began in 2011 (referred to below as the ``new 2011 reporting year 
source categories''), in order to allow sufficient time for 
development, and more importantly stakeholder testing, of the 
electronic-GHG Reporting Tool (e-GGRT). The deadline extension from 
March 31, 2012 to September 28, 2012 applies to any facility that 
contains one or more of the following source categories in Table A-3 or 
Table A-4: Electronics Manufacturing (subpart I), Fluorinated Gas 
Production (subpart L), Magnesium Production (subpart T), Petroleum and 
Natural Gas Systems (subpart W), Use of Electric Transmission and 
Distribution Equipment (subpart DD), Underground Coal Mines (subpart 
FF), Industrial Wastewater Treatment (subpart II), Geologic 
Sequestration of Carbon Dioxide (subpart RR), Manufacture of Electric 
Transmission and Distribution (subpart SS), Industrial Waste Landfills 
(subpart TT), and Injection of Carbon Dioxide (subpart UU). In 
addition, the extension of the reporting deadline from March 31, 2012 
to September 28, 2012 applies to the following source category in Table 
A-5: Imports and Exports of Equipment Pre-charged with Fluorinated GHGs 
or Containing Fluorinated GHGs in Closed-cell Foams (subpart QQ).
    The proposed rule would have required these facilities and 
suppliers to report twice, with the reporting deadline extended to 
September 28, 2012 only for reporting of GHG information from the new 
2011 reporting year source categories included in Tables A-3, A-4 or A-
5 of 40 CFR part 98. All other GHG information (e.g., for General 
Stationary Combustion (subpart C)) would have still been required to be 
reported in March 2012. The EPA believed that these two separate 
submission deadlines would be appropriate because the extension was 
only necessary to allow time for stakeholder testing of e-GGRT for the 
new 2011 reporting year source categories. Facilities and suppliers had 
already successfully demonstrated submission of information through e-
GGRT for the source categories required to begin data collection in 
2010. Therefore, we believed it was appropriate to limit the extension 
to the reporting of only the new information for the 2011 reporting 
year.
    Based on the comments received on the proposed rule, this final 
rule extends the reporting deadline to September 28, 2012 for any 
facility or supplier that contains a new 2011 reporting year source 
category, and it applies to the reporting of GHG information from all 
source categories at their facility. The rationale for this change 
since proposal is discussed further below in Section II.A.2 of this 
preamble.
    In order for the EPA to identify which facilities and suppliers are 
subject to this one-time extension of the 2012 reporting deadline, we 
are requiring that all reporters that submitted an annual GHG report to 
the EPA for the 2010 reporting year (i.e., submitted their first annual 
GHG report by September 30, 2011) notify the EPA through e-GGRT by 
March 31, 2012 that they are not required to submit their second annual 
GHG report until September 28, 2012. This requirement to notify the EPA 
by March 31, 2012 does not apply to any facilities or suppliers that 
are reporting for the first time in 2012.
    Reporting on use of Best Available Monitoring Methods (BAMM). We 
are amending 40 CFR 98.3(c)(7) to remove the phrase ``according to 
paragraph (d) of this section'', thereby requiring all facilities and 
suppliers that use BAMM during the reporting year to provide a brief 
description of each ``best available monitoring method'' used, the 
parameter measured using the method, and the time period during which 
the

[[Page 73890]]

``best available monitoring method'' was used, if applicable. Through 
this amendment, we are clarifying that this basic information must be 
reported for all subparts, including subparts L (Fluorinated Gas 
Production) and W (Petroleum and Natural Gas Systems). This does not 
impact the requirements of subpart I (Electronics Manufacturing), which 
already directly included this reporting requirement in the data 
reporting requirements of that subpart.
    Definitions. The EPA is revising the definition of supplier, as 
proposed, in 40 CFR 98.6 so it specifically refers to those source 
categories listed in Table A-5 of subpart A of part 98, and is as 
described in the definition of the source category in the applicable 
subparts. We are also revising 40 CFR 98.1(a)(1), as proposed, to 
remove the terms ``fossil fuel'' and ``industrial greenhouse gas'' from 
the designation of ``supplier.''
    Submission of reports and other information to the EPA. We are 
amending 40 CFR 98.9 to clarify that the annual GHG report, the 
certificate of representation, and all other requests, notifications, 
or communications must be submitted electronically and in a format as 
specified by the Administrator. Any information that can be submitted 
through the electronic GHG reporting tool (e-GGRT) must be submitted 
through that tool. For example, the EPA is in the process of modifying 
e-GGRT to accept requests for use of BAMM. Once completed, facilities 
would be required to use that method for submission of BAMM requests. 
The EPA intends to notify facilities well in advance of these, and any 
future, deadlines through the Web site (http://www.epa.gov/climatechange/emissions/ghgrulemaking.html).
    If the format for any request, notification, or communication has 
not been specified by the EPA, then the information shall be submitted, 
by mail, to the Director of the Climate Change Division at one of the 
addresses in 40 CFR 98.9.
    Other technical corrections. We are amending 40 CFR 98.2(d) and (e) 
to remove references to paragraphs 40 CFR 98.2(a)(4)(i) and (a)(4)(ii), 
respectively. The correct references for both paragraphs should have 
been to 40 CFR 98.2(a)(4). In those same paragraphs we are clarifying 
that the applicability determination for importers must be assessed 
separately from the applicability determination for exporters. In other 
words, the emissions from the quantity of GHGs imported must be 
calculated for comparison to the 25,000 metric tons CO2e 
threshold and separately the quantity of GHGs exported must be 
calculated for comparison to the 25,000 metric tons CO2e.
    We are amending 40 CFR 98.2(i)(3) to add a date by which owners and 
operators must notify the EPA that they no longer need to submit an 
annual GHG report because their operations have changed such that all 
applicable GHG-emitting processes and operations cease to operate. 
Similar to the requirements in 40 CFR 98.2(i)(1) and (i)(2), we are 
requiring owners or operators to notify the EPA by March 31 of the year 
following the reporting year in which such conditions have been met.
    In 40 CFR 98.3(c)(10) and in the definition of United States parent 
company(s) in 40 CFR 98.6, we are replacing the term ``reporting 
entity'' with the term ``facility or supplier'' for consistency across 
the individual subparts of the rule and to clarify that the obligation 
is on the owner or operator of any such facility or supplier.
    We are revising the introductory paragraph of 40 CFR 98.3(g) to 
clarify that the 3-year requirement for retention of records starts 
from the date of submission of the annual GHG report for the reporting 
year in which the record was generated.
    In 40 CFR 98.3(c)(5)(ii), we are replacing the use of the term 
``emissions'' with ``quantities'' when referring to the information 
reported under industrial GHG suppliers. This is consistent with 
efforts throughout the GHG Reporting Program to clarify that 
information reported for supplier categories does not necessarily 
reflect emissions to the atmosphere, but rather ``quantities'' that may 
be released if all of the supply were combusted, oxidized, or released.
    We are correcting an incorrect cross reference in 40 CFR 98.4(m)(4) 
from (m)(2)(iv)(A) to (m)(2)(v)(A).
    Finally, we are clarifying in Table A-5 that coverage and the 
applicability determination for importers and exporters under subpart 
MM includes suppliers of natural gas liquids in addition to suppliers 
of petroleum products.
2. Summary of Comments and Responses
    This section contains a brief summary of major comments and 
responses on the proposed amendments to the General Provisions. Several 
significant comments were received on this topic. Responses to 
additional comments received can be found in the document, ``Response 
to Comments: 2011 Technical Corrections, Clarifying and Other 
Amendments to Certain Provisions of the Mandatory Reporting of 
Greenhouse Gases Rule'' (available in Docket ID No. EPA-HQ-OAR-2011-
0147).
    Comment: Several commenters supported the proposed one-time 
extension of the reporting date from March 31, 2012 to September 28, 
2012 for reporting of data elements under the following source 
categories: Electronics Manufacturing (subpart I), Fluorinated Gas 
Production (subpart L), Magnesium Production (subpart T), Petroleum and 
Natural Gas Systems (subpart W), Use of Electric Transmission and 
Distribution Equipment (subpart DD), Underground Coal Mines (subpart 
FF), Industrial Wastewater Treatment (subpart II), Imports and Exports 
of Equipment Pre-charged with Fluorinated GHGs or Containing 
Fluorinated GHGs in Closed-cell Foams (subpart QQ), Geologic 
Sequestration of Carbon Dioxide (subpart RR), Manufacture of Electric 
Transmission and Distribution (subpart SS), Industrial Waste Landfills 
(subpart TT), and Injection of Carbon Dioxide (subpart UU). Commenters 
generally agreed that the extension would provide additional time for 
the development and testing of the e-GGRT system for the identified 
subparts. However, multiple commenters expressed concern about the 
proposed requirement that only the reporting deadline of the above 
listed subparts was extended and that facilities would still be 
required to report GHG information from the non-listed subparts (e.g., 
subpart C--General Stationary Combustion) by March 31, 2012. For 
example, some commenters stated that a facility could be required to 
report emissions for subpart C equipment on March 31, 2012, but would 
need to provide a second report on September 28, 2012 for equipment 
under subpart W. At least one commenter questioned how data for 
subparts A and C would be submitted or split between reporting 
deadlines for facilities reporting under subpart W. Commenters stated 
that many facilities, including oil exploration and production 
companies, already compile significant amounts of data, calculations, 
and information for reporting. Commenters contended that a second 
reporting deadline would introduce additional complexity and confusion, 
duplication of effort, and unnecessary burden to the reporting process.
    Other commenters expressed concern on the capabilities of e-GGRT to 
accommodate multiple submissions. Several commenters stated that when 
changing input methods between XML upload and manual data entry, the 
current e-GGRT system overwrites any

[[Page 73891]]

existing data. At least two commenters expressed concern that the XML 
upload feature may not be fully tested and available in time for the 
September deadline. These commenters reiterated that data submitted in 
September 2012 must not impact the data submitted in March.
    In light of these concerns, several commenters requested that, 
rather than reporting under two deadlines in 2012, affected facilities 
or suppliers that have to report under any of the listed subparts 
(subparts I, L, T, W, DD, FF, II, QQ, RR, SS, TT, and UU) be allowed to 
report GHG information from all applicable subparts by the September 
28, 2012 date.
    Response: Although the EPA does not agree with all of the arguments 
raised by the commenters, we are persuaded that having one reporting 
deadline for facilities and suppliers in 2012 will not only reduce 
burden for the reporters, but it also will provide the EPA the 
opportunity for a more robust stakeholder testing process of e-GGRT, 
which was the primary purpose of the proposed extension in the first 
place.
    Although many commenters were concerned about the ability of e-GGRT 
to handle multiple submissions, the EPA believes the process for adding 
these additional subparts to an annual GHG report has been well tested 
during the 2011 stakeholder testing process and through resubmissions 
of 2011 annual reports. For example, facilities are able to add GHG 
information for a particular subpart into e-GGRT and sign, certify, and 
submit the annual GHG report. Subsequent to the submission, the 
facility is able to go back into e-GGRT, add GHG information for a new 
subpart, and then again sign, certify, and resubmit the annual GHG 
report.
    Commenters were also concerned that data could be lost if they were 
to submit information in webforms in March and then XML in September 
(or vice versa). While it is true that annual GHG reports must be 
submitted using either webforms or XML, and not both, this issue is not 
unique to the extension of the proposed reporting deadline. These were 
the same procedures as for the 2010 reporting year, and facilities and 
suppliers were able to successfully complete their submissions in 2011.
    Although we are confident that e-GGRT can handle the multiple 
deadlines, we are persuaded that two reporting deadlines could be 
inefficient for some facilities, depending on the volume and types of 
data collected during 2011, and the format in which information used 
for emissions calculations has been retained. This could be 
particularly true for the large number of facilities reporting for the 
first time under subpart W (Petroleum and Natural Gas Systems).
    In addition to the potential inefficiencies experienced by the 
reporters, the EPA recognizes after reviewing the comments that the 
split deadline could impact the ability to comprehensively test e-GGRT, 
which was the whole point of proposing the reporting deadline extension 
for these source categories in the first place. The stakeholder testing 
process during 2011 was extremely valuable in providing input that 
enabled the EPA to refine e-GGRT into a user-friendly tool that 
accurately reflects annual GHG information. It also provided reporters 
an opportunity to become familiar with the tool, facilitating the 
reporting process, and improving the quality of data submitted to the 
EPA. Allowing facilities and suppliers the opportunity to fully test e-
GGRT, including the inter-relationship between the new subparts for 
which data collection began in 2011 (e.g., subparts I and W) and 
reporting under subpart C, for example, could identify new issues that 
should be resolved before the reporting deadline.
    For these reasons, we agree with the commenters' overall comments 
and are finalizing an extension of the reporting deadline to September 
28, 2012 for any facility or supplier that will also include in their 
annual GHG report for 2012 a source category for which data collection 
began in 2011.
    In practice, for example, the one-time extension of the 2012 
reporting deadline means that a petroleum refinery that has an 
industrial landfill onsite will not submit their annual GHG report for 
2012 until September 28, 2012. A petroleum refinery that does not 
contain any of these new subparts is still required to report by March 
31, 2012. In order to facilitate EPA verification of the data, and to 
know which facilities were required to report in March and which 
facilities do not report until September, the EPA is finalizing a 
requirement that all facilities or suppliers that submitted their first 
annual GHG report by September 30, 2011, but are not required to submit 
their second annual GHG report until September 28, 2012, must log in to 
e-GGRT by March 31, 2012 and submit a notification through e-GGRT that 
their facility or supplier is not required to report until September 
for the 2011 reporting year.
    Comment: Two commenters requested a delay in the start of data 
collection for these new subparts from January 1, 2011 to January 1, 
2012, thereby extending the reporting deadline by one year to March 31, 
2013. The commenters contended that a six-month extension does not 
provide adequate time for complex facilities or small businesses to 
comply with the reporting requirements.
    Response: The EPA did not propose to extend the applicability of 40 
CFR part 98 in the proposed rule, nor does the EPA find such an 
extension needed, therefore the EPA disagrees with the comment to 
postpone the beginning of data collection from January 1, 2011 to 
January 1, 2012, and subsequently extend the reporting deadline by one 
year to March 31, 2013. Facilities with source categories for which 
data collection began in 2011 had the opportunity to request use of 
Best Available Monitoring Methods (BAMM) during part or all of 2011, if 
they could demonstrate that it would not be reasonably feasible to 
acquire, install, and operate a required piece of monitoring equipment 
by January 1, 2011. Requests to use BAMM could be used as a bridge to 
provide the facility sufficient time to come into full compliance with 
the rule.
    Further, since finalization of the rule requirements for these 
subparts, the EPA has conducted significant stakeholder outreach to 
convey rule requirements and address questions from industry about the 
implementation of those requirements. In addition to the Frequently 
Asked Questions that are posted on our Web site, the technical 
corrections, clarifications, and other amendments finalized in this 
rulemaking are in response to those specific questions. Therefore, we 
disagree with the commenter and have not extended the reporting 
deadline to March 31, 2013 for these source categories.
    Comment: At least one commenter stated that the proposed changes to 
40 CFR 98.9 create confusion for subparts LL and MM. The commenter 
stated that facilities subject to subparts LL and MM must submit 
reports using the DCFuels program in place of e-GGRT. Additionally, the 
DCFuels program allows for mailing of documents. The commenter 
requested that the use of DCFuels be reflected in 40 CFR 98.9.
    Response: The EPA agrees with the commenter that the proposed 
amendments seemed to apply only to those facilities and suppliers that 
reported their emissions through e-GGRT. The purpose of these proposed 
amendments was to be clear that all submissions, notifications and 
communications must be submitted in a format as specified by the 
Administrator. It is only where the EPA has not specified a format for 
a specific submission either required by the EPA or, more likely, 
initiated by the reporter, that the reporter must submit the

[[Page 73892]]

information to the mailing address in 40 CFR 98.9. The EPA clarified 
the rule accordingly. We decided not to mention the specific reporting 
tools in the regulatory text itself for the straightforward reason that 
names could change over time. It was not necessary to include specific 
names of the reporting tools/options, when the real clarification we 
were making in the proposal was to clarify what type of information 
must be sent to the mailing address.
    Comment: At least one commenter stated that the proposed 
clarification to 40 CFR 98.3(g) for retention of records, which states 
that records must be retained for least 3 years from the date of 
submission of the annual GHG report, would create multiple record 
retention periods for companies with multiple reporting facilities 
where reporting submittals are staggered. The commenter stated that 
these multiple retention periods could complicate internal reviews and 
audits. The commenter requested a consistent starting date for all 
applicable monitoring, recordkeeping, and reporting records.
    Response: The amendments to 40 CFR 98.3(g) are intended to reduce 
multiple retention periods and are consistent with the Acid Rain 
Program, which reflects the common practice to retain all of the 
records for a single reporting year in a readily retrievable format, 
regardless if the record was generated on January 1st or December 31st 
of that reporting year. Companies with multiple reporting facilities 
that may stagger submission of annual data prior to the reporting date 
are encouraged to coordinate with the individual reporting facilities 
to submit data on the same day if they do not want to track different 
dates for different facilities. Further, we determined that a single 
date against which the three-year clock is initiated is not appropriate 
because some facilities may identify, or be notified by the EPA of, 
substantive errors in reporting. In the event of a resubmission of an 
annual GHG report, the three-year recordkeeping retention time would 
start from the date of the resubmission. This is necessary to ensure 
that records are maintained for a sufficient period of time so that a 
history of compliance can be demonstrated and questions about submitted 
emissions estimates can be resolved, if needed.

B. Subpart W--Petroleum and Natural Gas Systems

    At this time, the EPA is not finalizing the proposed technical 
corrections, clarifying, and other amendments for the petroleum and 
natural gas sector under 40 CFR part 98, subpart W. On September 9, 
2011, the EPA issued proposed revisions to 40 CFR part 98, subpart W 
(76 FR 56010). The proposed revisions, identified as a result of 
working with trade associations and reporters in implementing the rule, 
would provide further clarification on existing requirements, increase 
flexibility for certain calculation methods, amend data reporting 
requirements, clarify terms and definitions, and correct technical and 
editorial errors.
    In order to allow for additional analysis and consideration of 
comments on the September 9, 2011 proposal that might affect the 
technical corrections to subpart W proposed on August 4, 2011, the EPA 
has decided not to finalize these amendments at this time. The EPA is 
considering the comments submitted for the technical corrections, 
clarifying, and other amendments regarding subpart W proposed on August 
4, 2011, and we will address those comments as we address the comments 
on the revisions to 40 CFR part 98, subpart W proposed on September 9, 
2011 (76 FR 56010).

C. Subpart FF--Underground Coal Mines

1. Summary of Final Amendments and Major Changes Since Proposal
    We are promulgating several technical clarifications and amendments 
to subpart FF to address questions raised during the first year of 
promulgation of the rule, as well as clarifications to specified 
provisions in the rule.
    Final changes to subpart A (related to subpart FF). We revised the 
threshold for underground coal mines to include only those that have 
ventilation emissions of 36,500,000 acf of CH4 or more per 
year. The previous threshold would have required reporting from all 
underground coal mines that are subject to quarterly or more frequent 
sampling by MSHA of ventilation systems, regardless of size. The 
finalized threshold of ventilation emissions of 36,500,000 acf of 
CH4 or more per year (equivalent to an average of 100,000 
acf of CH4 or more per day) is more easily identifiable for 
the coal industry, is consistent with our original intent in terms of 
coverage, and removes reporting requirements for approximately 500 
mines.
    Equations FF-1 and FF-3. We are finalizing the amendments, as 
proposed, to provide clarification for terms in Equations FF-1 and FF-
3. In particular, we are clarifying that the variables ``V,'' ``MCF,'' 
``C,'' ``T,'' and ``P'' are not ``daily'' but ``quarterly'' rates. We 
are also changing the units of ``V'' to cfm instead of scfm and 
revising the units for ``C'' to read ``%'' to allow for the use of 
``C'' on a dry basis.
    Sampling for pressure. We have finalized the change allowing 
facilities to use the annual average barometric pressure from the 
nearest NOAA weather service station as a default to measuring 
ventilation system pressure.
    Sampling for moisture content. We have specified, as proposed, that 
moisture content is measured at the location of the flow meter at least 
weekly if using CEMS, and at the location and time of the grab sample, 
if using grab samples.
    MSHA data. We have clarified the reporting requirements for 
temperature, pressure, and moisture content measurements when using 
MSHA data. We have clarified, as proposed, that moisture content need 
only be determined when the concentration and flow measurements are 
made on a different basis (one wet and one dry) and that, if needed, 
the moisture content must be measured. We have also clarified that 
temperature must be sampled at the same location and within 7 days of 
the MSHA samples, and that for pressure, facilities must use either a 
measured value or the average annual barometric pressure from the 
nearest NOAA weather service station. We have simplified use of the 
MSHA data in Equation FF-1 by specifying that the MSHA methane flow 
data is inserted into Equation FF-1 in place of the value for V and the 
variables MCF, C/100%, and 1440 are removed from the equation. This 
clarification eliminates the need to measure moisture when using MSHA 
methane flow data.
    Monitoring equipment. We have included, as proposed, the use of 
infrared and flame ionization analyzers with the provision that they be 
calibrated annually using measurements made by gas chromatography 
methods.
    Also, as proposed, we have clarified several references for 
consistency with the types of monitoring equipment required. We 
replaced references to ``fuel flow meters'' with ``flow meters,'' 
because the gas that is measured may or may not be used as a fuel. We 
have also deleted references to ``heating value monitors,'' and ``sour 
gas flow meters'' because these monitors and meters are not required.
    One change was made in response to public comment. We have changed 
the requirements for temperature measurements when using MSHA data for 
ventilation systems. See summary of comments and responses in Section 
II.C.2 of this preamble.

[[Page 73893]]

2. Summary of Comments and Responses
    This section contains a brief summary of major comments and 
responses. Two comments were received on this topic. Responses to 
additional significant comments received can be found in the document, 
``Response to Comments: 2011 Technical Corrections, Clarifying and 
Other Amendments to Certain Provisions of the Mandatory Reporting of 
Greenhouse Gases Rule'' (see EPA-HQ-OAR-2011-0147).
    Comment: One commenter expressed support for the proposed threshold 
revision. The commenter expressed concern that the EPA's reporting 
threshold finalized in 2010 (see 75 FR 39736, July 12, 2010) requiring 
all underground coal mines, regardless of size, that are subject to 
quarterly or more frequent sampling by the Mining Safety and Health 
Administration (``MSHA'') of ventilation systems to report GHG 
emissions would have resulted in a tremendous amount of paperwork and 
financial burden on these regulated entities. Moreover, the commenter 
asserted that the threshold would have done little to further the 
agency's environmental policy objectives.
    Response: The EPA agrees with the comment and has finalized the 
threshold revision, as proposed. For the EPA's rationale for the 
clarification in the threshold, see the preamble for the proposed rule 
(76 FR 47400, September 9, 2011).
    Comment: Two commenters disagreed with the proposed requirement 
that facilities collect temperature data at the same time and location 
as the MSHA samples of volume and concentration of methane. They stated 
that the EPA should also allow mines to establish temperature data 
either through readings at a central location in the mine, or 
potentially through an average annual temperature from the same NOAA 
weather station. They argued that such a revision would reduce an 
unnecessary reporting burden.
    Response: We agree with the commenters that the temperature reading 
does not need to take place at the same time as the measurements for 
volume and concentration of methane. Ventilation air temperatures at a 
given location do not change very suddenly, and the temperature could 
be taken at another time. We disagree with the comment that the EPA 
should allow temperature to be taken at a centralized location at the 
mine or at a weather station. The temperature of the ventilation air 
exiting the mine will not be the same as a local weather station 
temperature. The ventilation air temperature is dominated by ground 
temperatures, which do not vary hourly like the weather station 
temperature. Ventilation air temperature will often vary by mine shaft, 
as some shafts are deeper than others and some drain more area than 
others. Due to this variability, the final rule requires temperature to 
be taken at the same location as the MSHA measurements, as proposed. 
However, the final rule does not require that the temperature readings 
be taken at the same time as the MSHA samples, but rather allows these 
temperature readings to be taken within 7 days of the MSHA measurements 
for volume and concentration of methane.

D. Subpart II--Industrial Wastewater Treatment

1. Summary of Final Amendments and Major Changes Since Proposal
    We are promulgating clarifying amendments and technical corrections 
to subpart II to address questions the EPA has received about the 
rule's requirements, as well as to clarify terminology.
    GHGs to report. We are amending 40 CFR 98.352(d) to replace the 
term ``landfill gas'' with ``biogas'' to correct an administrative 
error.
    Calculating GHG emissions. We are amending the definitions of the 
terms for ``Tm'' and ``Pm'' in Equation II-4 to 
refer to ``average temperature'' and ``average pressure'' to clarify 
how reporters should use the multiple temperature and pressure 
measurements that they may make during a measurement period. We are 
also amending these definitions to clarify how the calculation should 
be adjusted if the flow rate meter automatically corrects for 
temperature and pressure.
    We are amending 40 CFR 98.353(c)(2)(ii), 98.353(c)(2)(iii)(A) and 
(B), and 40 CFR 98.354(c) and (d) to replace ``once each calendar week, 
with at least three days between measurements'' with ``at least once 
each calendar week; if only one measurement is made each calendar week, 
there must be at least three days between measurements,'' to clarify 
what is meant by weekly sampling.
    We are amending Equation II-6 of 40 CFR 98.353 to correct an error 
in the placement of brackets and parentheses. This amendment eliminates 
the possibility that the equation will return incorrect quantities of 
methane emissions.
    We are amending 40 CFR 98.353(c) to reorder the text to clarify 
that continuous gas flow monitoring is required for each anaerobic 
sludge digester, anaerobic reactor, or anaerobic lagoon from which some 
biogas is recovered; and to clarify that the continuous gas flow 
measurements must be used to determine cumulative gas production each 
week. We are also amending 40 CFR 98.353(c)(1) to replace the term 
``content'' with the term ``quantity'' to clarify that fully integrated 
systems report CH4 quantity which accounts for both 
CH4 concentration and biogas flow.
    Monitoring and QA/QC requirements. We are amending 40 CFR 98.354(f) 
by dividing it into subparagraphs and by deleting an incorrect cross 
reference, to clarify the monitoring requirements for anaerobic sludge 
digester, anaerobic reactor, or anaerobic lagoon from which some biogas 
is recovered.
    Data reporting requirements. We are amending 40 CFR 98.356(a) by 
replacing the term ''explain'' with ``indicate'' to provide guidance to 
reporters about the information they should include in the description 
or diagram of their wastewater treatment system. We are also replacing 
the term ``all anaerobic lagoons'' with ``each anaerobic lagoon'' to 
clarify that reporters should provide the average depth of each lagoon, 
not the average of all lagoons.
    We are amending 40 CFR 98.356 (b)(3) and (4) to clarify that the 
values for ``B0'' and ``MCF'' that are used as inputs to 
Equation II-1 or II-2, are to be taken from Table II-1. We are also 
amending 40 CFR 98.356(d)(2) by replacing the text ``Cumulative 
volumetric biogas flow for each week'' with ``Total weekly volumetric 
biogas flow for each week (up to 52 weeks/year)'' to clarify that 
reporters should provide the total gas recovered for the week, for up 
to 52 weeks per year.
    We are amending subpart II, Industrial Wastewater Treatment (40 CFR 
98.350 through 40 CFR 98.358), in multiple places, replacing the term 
``anaerobic digester'' with ``anaerobic sludge digester'' to clarify 
that the text refers to the anaerobic process defined in 40 CFR 
98.350(b)(2); and to replace the term ``gas'' with ``biogas'' to 
clarify the gas referred to is the biogas defined in 40 CFR 98.358.
2. Summary of Comments and Responses
    The EPA did not receive any comments on the proposed amendments to 
subpart II and is finalizing the amendments to this subpart as 
proposed.

[[Page 73894]]

E. Subpart OO--Suppliers of Industrial Greenhouse Gases

1. Summary of Final Amendments and Major Changes Since Proposal
    As proposed, we are amending subpart OO to require that the data 
currently reported under 40 CFR 98.416(a)(8) and (9) be kept as a 
record rather than reported. We are making a corresponding revision to 
40 CFR 98.416(a)(10).
    With these changes, fluorinated GHG and nitrous oxide production 
facilities will be required to keep dated records of the total mass in 
metric tons of each reactant fed into the F-GHG or nitrous oxide 
production process, by process, and the total mass in metric tons of 
the reactants, by-products, and other wastes permanently removed from 
the F-GHG or nitrous oxide production process, by process. They will 
not be required to report these quantities. Under the revised 40 CFR 
98.416(a)(10), they will be required to report the mass in metric tons 
of any fluorinated GHG or nitrous oxide fed into the transformation 
process, by process.
2. Summary of Comments and Responses
    Comment: The EPA received three comments from two commenters on the 
proposed changes to the subpart OO reporting and recordkeeping 
requirements. Both commenters agreed with the changes, and one 
commenter agreed with the EPA's rationale. The other commenter stated 
that the change would make the data available to EPA inspectors if 
needed, but would protect the data from public disclosure that would 
compromise reporters' global competitiveness. This commenter requested 
that the EPA issue a direct final rule to make the changes effective 
before the September 30, 2011 reporting deadline for 2010 data.
    Response: We did not issue a direct final rule to make these 
changes effective before the September 30, 2011 reporting deadline for 
2010 data because we concluded that a direct final action was not 
appropriate in this case. The data submitted for 2010 under 40 CFR 
98.416(a)(8) and (9) has been classified as confidential business 
information (76 FR 30782, May 26, 2011) and will be afforded protection 
as CBI. As discussed in the proposed rule, the proposed changes were 
based on our conclusion that the data elements in 40 CFR 98.416(a)(8) 
and (9), by themselves, have somewhat limited usefulness for verifying 
production levels.

F. Subpart RR--Geologic Sequestration of Carbon Dioxide

1. Summary of Final Amendments and Major Changes Since Proposal
    We are promulgating clarifying amendments and technical corrections 
to subpart RR to correct known errors.
    Accounting for CO2 entrained in produced water. We are amending 40 
CFR 98.443(d) to ensure that CO2 entrained in produced water 
that is not processed through a gas-liquid separator is accounted for 
in the mass balance equation. Specifically, we are adding a new 
sentence to 40 CFR 98.443(d) to account for any CO2 in 
fluids that are produced and not processed through a separator. We are 
also adding a new sentence to 40 CFR 98.443(d)(3) to clarify that the 
reporter must include additional information regarding the measurement 
methods used to determine the concentration of CO2 in 
fluids, and a discussion of how the amount of produced CO2 
would be determined, in the monitoring, reporting, and verification 
(MRV) plan. In the MRV plan, the reporter should describe the 
disposition of the produced water (reinjected into another zone, 
reused, or otherwise disposed) and provide justification for 
determining whether the CO2 entrained in the water is 
sequestered. The MRV plan should also describe considerations the 
reporter intends to use to calculate CO2 from produced water 
for the mass balance equation.
    CO2 Emissions from Equipment Leaks and Vented Emissions 
of CO2. We are amending the term ``CO2 equipment 
leakage and vented CO2 emissions'' throughout subpart RR so 
that it reads ``CO2 emissions from equipment leaks and 
vented emissions of CO2.'' This change is to ensure 
consistency with the terminology that is used in 40 CFR part 98, 
subpart W and to more accurately describe the equipment between flow 
meters and wellheads for which monitoring requirements are specified in 
subpart RR. Specifically, we are amending the following text:
     At 40 CFR 98.442(e) and 98.442(f), revising the term 
``Mass of CO2 equipment leakage and vented CO2 
emissions'' to read ``Mass of CO2 emissions from equipment 
leaks and vented emissions of CO2.''
     In Equations RR-11 and RR-12 at 40 CFR 98.443, revising 
the term ``Total annual CO2 mass emitted (metric tons) as 
equipment leakage or vented emissions'' to read ``Total annual 
CO2 mass emitted (metric tons) from equipment leaks and 
vented emissions of CO2.''
     At 40 CFR 98.444(d), revising the heading ``CO2 
equipment leakage and vented CO2 emissions'' to read 
``CO2 emissions from equipment leaks and vented emissions of 
CO2.''
     At 40 CFR 98.445(e), revising the term ``CO2 
equipment leakage or vented CO2 emissions to read 
``CO2 emissions from equipment leaks and vented emissions of 
CO2.''
     At the introductory text of 40 CFR 98.446(f)(3), revising 
the term ``CO2 equipment leakage and vented CO2 
emissions'' to read ``CO2 emissions from equipment leaks and 
vented emissions of CO2.''
     At 40 CFR 98.446(f)(3)(i) and 98.446(f)(3)(ii), revising 
the term ``mass of CO2 emitted (in metric tons) annually as 
equipment leakage or vented emissions'' to read ``mass of 
CO2 emitted (in metric tons) annually from equipment leaks 
and vented emissions of CO2.''
     At 40 CFR 98.447(a)(5) and 98.447(a)(6), revising the term 
``CO2 emitted as equipment leakage or vented emissions'' to 
read ``CO2 emitted from equipment leaks and vented emissions 
of CO2.''
     At 40 CFR 98.448(a)(5), revising the term ``considerations 
for calculating equipment leakage and vented emissions'' to read 
``considerations for calculating CO2 emissions from 
equipment leaks and vented emissions of CO2.''
    Other technical corrections. We are amending an incorrect cross 
reference in the introductory language of 40 CFR 98.446(a)(2) and 40 
CFR 98.446(a)(3). We are also amending an incorrect cross reference at 
40 CFR 98.446(f)(1)(vii). We are also amending the heading of 40 CFR 
98.448(e) to correct an administrative error.
    We are amending the data reporting element at 40 CFR 98.446(e) and 
the introductory text at 40 CFR 98.446(f) to provide clarity on when 
reporters report total amount sequestered. The amended data reporting 
element at 40 98.446(e) reads as follows: ``Report the date that you 
began collecting data for calculating total amount sequestered 
according to 40 CFR 98.448(a)(7) of this subpart''. The amended 
introductory text at 40 CFR 98.446(f) reads as follows: ``Report the 
following. If the date specified in paragraph (e) of this section is 
during the reporting year for this annual report, report the following 
starting on the date specified in paragraph (e) of this section.'' We 
are amending the definition of ``CO2 received'' at 40 CFR 
98.449 to correct a typographical error by adding the word ``means'' 
after the CO2 received defined term. The amended definition 
reads as follows:

[[Page 73895]]

``CO2 received means the CO2 stream that you 
receive to be injected for the first time into a well on your facility 
that is covered by this subpart. CO2 received includes, but 
is not limited to, a CO2 stream from a production process 
unit inside your facility and a CO2 stream that was injected 
into a well on another facility, removed from a discontinued enhanced 
oil or natural gas or other production well, and transferred to your 
facility.''
2. Summary of Comments and Responses
    The EPA did not receive any comments on the proposed amendments to 
subpart RR and is finalizing the amendments to this subpart as 
proposed.

G. Subpart TT--Industrial Waste Landfills

1. Summary of Final Amendments and Major Changes Since Proposal
    We are promulgating clarifying amendments and technical corrections 
to subpart TT to address questions the EPA has received about the 
rule's requirements and to correct known errors.
    Determining waste-specific DOC values for closed Landfills. As 
proposed, we are finalizing amendments to 40 CFR 98.464 by adding a new 
paragraph (c) to provide methodologies for closed landfills or active 
landfills that have stopped accepting certain types of wastes to 
determine the volatile solids concentration (for exemption purposes 
under 40 CFR 98.460(c)(2)(xii)) or to determine the waste-specific DOC 
values for historically disposed waste streams. These new methods allow 
landfills to identify waste streams similar to those that had been 
historically placed in the landfill, measure the volatile solids 
concentration of these ``similar'' waste streams, and use those 
measured values to assess the applicability of the exemption under 
paragraph 98.460(c)(2)(xii)) or to determine the average DOC value for 
the historical waste streams. The proposed provisions also allow use of 
process knowledge to determine the volatile solids concentration and, 
if needed, to calculate the corresponding DOC value if a similar waste 
stream cannot be identified.
    Equations for determining volatile solids and DOC values. As 
proposed, we are deleting Equation TT-7 and amending Equation TT-8 to 
40 CFR 98.464 to correct inadvertent errors in these equations and we 
are revising the variable ``F'' in Equation TT-1 and providing a new 
Equation TT-9 in a new paragraph (g) in 40 CFR 98.464 to correct the 
measured CH4 concentration for zero percent oxygen.
    Provisions for actively aerated landfills and other amendments to 
conform with amendments to subpart HH. As proposed, we are amending the 
definition of the methane correction factor (MCF) to allow landfills 
with active aeration units to use an MCF value other than the default 
value of 1 and we are adding 40 CFR 98.466(d)(4) to require reporting 
of the MCF value and the basis for using an MCF value other than the 
default value of 1.
    As proposed, we are finalizing amendments to define the term 
``construction and demolition waste landfills'' as defined in subpart 
HH and to use that term rather than ``dedicated construction and 
demolition waste landfills.''
    We are also finalizing amendments to revise the footnote to Table 
TT-1 to subpart TT of part 98 to clarify that leachate recirculation 
rates can be determined from company records or engineering estimates 
and that the owner or operator of a landfill that uses leachate 
recirculation may elect to use the k value for the wet climate rather 
than calculating the leachate recirculation rate.
    Other technical corrections. We are finalizing a number of other 
technical corrections for subpart TT, as proposed, to correct 
typographical errors, to correct equations, and to provide minor 
clarifications. These corrections are summarized below:
     In 40 CFR 98.460(c)(2)(i), replacing ``Coal combustion 
residue (e.g., fly ash)'' with ``Coal combustion or incinerator ash 
(e.g., fly ash).''
     In 40 CFR 98.463(a)(1):

--Revising the definition of GCH4 to delete the word 
``rate.''
--Revising the definition of DOCx from ``degradable organic 
carbon for year X * * *'' to be ``degradable organic carbon for waste 
disposed in year X * * *''

     In 40 CFR 98.463(a)(2):

--Revising ``January 1, 1980'' to be ``January 1, 1960'' in both 
places.
--Replacing the term ``first emissions monitoring year'' with ``first 
emissions reporting year.''

     In 40 CFR 98.463(a)(2)(ii)(C), deleting the phrase ``fixed 
average annual bulk waste disposal quantity for each year for which 
historic disposal quantity and'' in the paragraph text and adding to 
the definition of Wx ``This annual bulk waste disposal 
quantity applies for all years from ``YrOpen'' to ``YrData'' 
inclusive.''
     Revising the definition of LFC to allow closed landfills 
that have some measurement data to appropriately calculate 
Wx only for years for which the closed landfill does not 
have waste disposal data available from company records or from 
Equation TT-3.
     Revising the definition of YrData in Equation TT-4a to 
allow closed landfills that have some measurement data to appropriately 
calculate Wx.
     Adding Equation TT-4b for use in calculating Wx 
when historical waste quantity data are sporadic.
     In 40 CFR 98.464(b), replacing ``For each waste stream for 
which you choose to determine * * *'' with ``For each waste stream 
placed in the landfill during the reporting year for which you choose 
to determine * * *''
     In 40 CFR 98.464(b)(1), replacing ``Develop and follow a 
sampling plan to collect a representative sample of each waste stream 
for which testing is elected'' with ``Develop and follow a sampling 
plan to collect a representative sample (in terms of composition and 
moisture content) of each waste stream placed in the landfill for which 
testing is elected.''
     In 40 CFR 98.464(b)(4), adding the option to use an 
alternative test procedure published by a consensus-based standards 
organization to determine an appropriate DOC value using a 60-day 
anaerobic biodegradation test. We also made conforming edits for 
reporting and recordkeeping requirements.
     In 40 CFR 98.466(b), replacing ``Report the following 
waste characterization information:'' with ``Report the following waste 
characterization and modeling information:''.
     Moving paragraphs 40 CFR 98.466(d)(3) and (4) to 
98.466(b)(3) and (4).
     In 40 CFR 98.466(b)(2), adding ``* * * for which Equation 
TT-1 of this subpart is used to calculate modeled CH4 
generation.''
     In 40 CFR 98.466(c)(3)(ii), replacing ``The year, the 
waste disposal quantity and production quantity for each year Equation 
TT-2 applies'' with ``The year, the waste disposal quantity and 
production quantity for each year used in Equation TT-2 of this subpart 
to calculate the average waste disposal factor (WDF).''
     In 40 CFR 98.466(d), adding the phase ``and each year 
thereafter up'' so that the paragraph reads ``For each year of 
landfilling starting with the ``Start Year'' (S) and each year 
thereafter up to the current reporting year, report the following 
information:''.

[[Page 73896]]

     Adding a new paragraph 40 CFR 98.466(d)(1) to read ``The 
calendar year for which following data elements apply'' and renumbering 
existing paragraphs 98.466(d)(1) and (2) to (d)(2) and (3) and adding 
the phrase ``for the specified year'' to ensure the data elements are 
reported with specified year in the new paragraph 98.466(d)(1).
     In 40 CFR 98.468, adding a definition of ``design 
capacity'' to further clarify what is meant by this term as it is used 
in 40 CFR 98.460.
     In 40 CFR 98.466(f), deleting the word ``rate'' to conform 
with revised definition of term and replace it with 
``(GCH4)''.
     In 40 CFR 98.466(f), adding ``(MG)'' after ``methane 
generation'' and replacing ``Equation TT-5'' with ``Equation TT-6''.
     In Table TT-1, amending the default value of construction 
and demolition waste from 0.04 to 0.08.
     In Table TT-1, revising the description of the waste type 
``Inert Waste'' to read ``Inert Waste [i.e., wastes listed in 40 CFR 
98.460(c)(2)]''.
    Major changes since proposal. Major changes since proposal are 
identified in the following list. The rationale for these and any other 
significant changes can be found in this preamble or the document, 
``Response to Comments: 2011 Technical Corrections, Clarifying and 
Other Amendments to Certain Provisions of the Mandatory Reporting of 
Greenhouse Gases Rule'' (see EPA-HQ-OAR-2011-0147).
     Revising the definition YrData to allow closed landfills 
that have some measurement data to appropriately calculate 
Wx.
     Adding Equation TT-4b for use in calculating Wx 
when historical waste quantity data are sporadic.
     In 40 CFR 98.464(b)(4), adding the option to use an 
alternative test procedure published by a consensus-based standards 
organization to determine an appropriate DOC value using a 60-day 
anaerobic biodegradation test. We also made conforming edits to the 
reporting and recordkeeping requirements.
     In 40 CFR 98.468, adding a definition (revised from the 
proposed definition) of ``design capacity'' to further clarify what is 
meant by this term as it is used in 40 CFR 98.460.
2. Summary of Comments and Responses
    This section contains a brief summary of major comments and 
responses. Several comments were received on subpart TT. Responses to 
additional significant comments received can be found in the document, 
``Response to Comments: 2011 Technical Corrections, Clarifying and 
Other Amendments to Certain Provisions of the Mandatory Reporting of 
Greenhouse Gases Rule'' (see EPA-HQ-OAR-2011-0147).
    Comment: We received several comments that the parenthetical phrase 
``as received at the landfill'' to 40 CFR 98.464(b)(1) does more than 
clarify that closed landfills are not to be sampled, it also appears to 
prevent foundries from testing individual waste streams that are 
commingled prior to receipt at the landfill.
    Response: It was not our intent to prevent the testing of 
individual waste streams. In fact, the definition of waste stream 
clearly indicates that, for facilities with an on-site landfill, a 
waste stream is ``the industrial solid waste material generated by a 
specific processing unit at the landfill.'' We agree that the term ``as 
received'' can be misinterpreted. Therefore, we are using the term 
``placed in the landfill'' rather than ``as received at the landfill'' 
and adding ``(in terms of composition and moisture content)'' after 
``representative sample'' to clarify that the sampling must be done for 
the waste stream as it is initially disposed of, which excludes 
sampling of waste in-place at a closed landfill. Together with the 
definition of waste stream in 40 CFR 98.468, these amendments clearly 
apply to the sampling and evaluation of individual waste streams.
    Comment: One commenter noted that the revised definition of the 
term YrData in Equation TT-4 does not adequately allow the calculation 
of waste quantities when measurement data are available for some 
historical years but when there are data gaps before and after these 
years.
    Response: When we developed Equation TT-4, we envisioned that 
facilities would generally have data for the most recent historical 
years and would only be estimating waste quantities for the years prior 
to when data were available. Equation TT-4 is not well suited to 
address the situation where waste quantity data are available from 
company records or Equation TT-3 for sporadic, non-consecutive years. 
To address this issue, we have re-named Equation TT-4 to be Equation 
TT-4a, and limited the use of Equation TT-4a to those instances where 
data are available consecutively for the most recent disposal years. 
When data are available for sporadic years, we have added a separate 
equation (Equation TT-4b) that can be used to estimate the missing 
annual waste quantities.
    Comment: One commenter stated that the proposed revisions to the 
equations and terms related to determining volatile solids 
concentration and waste stream-specific DOC values can still yield 
incorrect DOC values because some substances, such as plastics or 
activated carbon, would have high volatile solids concentration but 
should not have significant degradable organic carbon content. The 
commenter suggested that alternative anaerobic biodegradation tests 
available from consensus-based standards organizations be allowed as an 
alternative to the volatile solids-based estimation method, noting 
these types of tests were used as the basis of FDOC value 
used in Equation TT-8. The commenter presented results of a 90-day 
anaerobic biodegradation test to support their claim that coke 
contained in an inorganic waste sample would not anaerobically degrade. 
Alternatively, the commenter recommended specifically listing titanium 
oxide waste in 40 CFR 98.460(c)(2).
    Response: We reviewed available methods for evaluating the 
anaerobic biodegradability of waste materials. While we expect that 
these methods are likely to be more accurate in situations like those 
identified by the commenter, a short-duration test may not fully 
determine the amount of carbon that could be degraded over decades 
within a landfill. Based on our review of various anaerobic 
biodegradation rate tests, we have provided for the use of anaerobic 
biodegradation tests following methods developed by consensus-based 
standards organizations. We have specified certain test requirements 
(minimum of 60 days; four test samples) and quality assurance 
objectives for determining DOC values based on these anaerobic 
biodegradation tests.
    Comment: We received several comments regarding the proposed 
definition of ``design capacity''. Some commenters suggested that, 
based on the definition, unpermitted landfills or landfills that do not 
have a permitted capacity limit do not have a ``design capacity'' and 
are therefore not covered by the rule. The commenters requested 
clarification on this issue. Another commenter questioned the need to 
determine a site-specific waste density and recalculate the design 
capacity annually.
    Response: First, we did not intend to limit the applicability of 
the rule to only those landfills that have a permitted capacity limit; 
we merely intended to allow facilities that have permitted capacities 
to use their permitted capacity rather than the maximum volume of waste 
that could be disposed of in the area of the landfill. We have revised 
the definition of design capacity so that the first sentence simply 
reads

[[Page 73897]]

``Design capacity means the maximum amount of solid waste a landfill 
can accept.'' The second paragraph retains the clarification that the 
design capacity can be determined in terms of volume or mass in the 
most recent permit. For landfills without a permitted capacity limit, 
the design capacity should be determined based on the physical 
limitations, in terms of the total area available for waste disposal 
and potential waste depth of the landfill.
    With respect to the need to re-evaluate the site-specific waste 
density annually, we agree with the commenter that this measurement is 
required under very limited circumstances, namely to determine 
applicability. For most landfills, the design capacity will be 
significantly smaller or larger than the 300,000 metric tons threshold 
value provided in 40 CFR 98.460(a). Therefore, only those landfill 
facilities that have design capacities near 300,000 metric tons would 
need to re-evaluate their design capacities. We also agree that the 
design capacity need only be re-evaluated if there is a change in the 
process that can reasonably be expected to alter the site-specific 
waste density. Therefore, we have limited the requirement to re-
determine site-specific waste density and resultant design capacity to 
those cases where the current design capacity is within 10 percent of 
the 300,000 metric tons threshold value in 40 CFR 98.460(a) and there 
is a process change that can reasonably be expected to change the site-
specific waste density.

III. 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. 
The amendments are administrative in nature and do not increase the 
recordkeeping and reporting burden associated with Part 98. However, 
the Office of Management and Budget (OMB) has previously approved the 
information collection request (ICR) for subparts A and OO contained in 
the regulations promulgated on October 30, 2009 (EPA ICR number 
2300.03; OMB control number 2060-0629), subpart DD promulgated on 
December 1, 2010 (EPA ICR number 2373.02; OMB control number 2060-
0650), subparts FF, II and TT promulgated on July 12, 2010 (EPA ICR 
number 2396.01; OMB control number 2060-0647), and subpart RR 
promulgated on December 1, 2010 (EPA ICR number 2372.02; OMB control 
number 2060-0649) under 40 CFR part 98 under the provisions of the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The OMB control numbers 
for the EPA's regulations in 40 CFR are listed in 40 CFR part 9. EPA 
has submitted change worksheets for the respective ICRs to OMB to 
reflect the clarifications to the reporting requirements finalized in 
this rule. Further information on the EPA's assessment on the impact on 
burden can be found in the Technical Corrections and Amendments Cost 
Memo in docket number EPA-HQ-OAR-2011-0147.

C. Regulatory Flexibility Act (RFA)

    The Regulatory Flexibility Act (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 final 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. This definition of small entity is consistent 
with the definition of small entity used for Part 98.
    After considering the economic impacts of these final rule 
amendments on small entities, I certify that this action will not have 
a significant economic impact on a substantial number of small 
entities. These rule amendments will not impose any new requirement on 
small entities that are not currently required by the regulation of 
subparts A and OO promulgated on October 30, 2009; subparts FF, II, and 
TT promulgated on July 12, 2010; or subparts DD or RR, both promulgated 
on December 1, 2010. The amendments to 40 CFR part 98 are 
administrative in nature and do not increase the costs for small 
entities to comply with Part 98. Therefore, this final rule does not 
have a significant economic impact on a substantial number of small 
entities.
    The EPA took several steps to reduce the impact of 40 CFR part 98 
on small entities when developing the final GHG reporting rules in 2009 
and 2010. For example, the EPA determined appropriate thresholds that 
reduced the number of small businesses reporting. In addition, the EPA 
conducted several meetings with industry associations to discuss 
regulatory options and the corresponding burden on industry, such as 
recordkeeping and reporting. Finally, the EPA continues to conduct 
significant outreach on the GHG reporting program and maintains an 
``open door'' policy for stakeholders to help inform the 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 final 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 final 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. These amendments will not impose any new 
requirements that are not currently required for 40 CFR 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.

[[Page 73898]]

E. Executive Order 13132: Federalism

    The final rule amendments to Part 98 do not have federalism 
implications. They 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 directly emit 
greenhouses gases, facilities that supply certain products that would 
result in GHGs when released, combusted or oxidized, and facilities 
that geologically sequester or otherwise inject CO2 
underground. 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, the EPA did consult with state and local officials or 
representatives of state and local governments in developing subparts A 
and OO promulgated on October 30, 2009; subparts FF, II, and TT 
promulgated on July 12, 2010; and subparts DD and RR, both promulgated 
on December 1, 2010. A summary of the EPA's consultations with state 
and local governments is provided in Section VIII.E of the preamble to 
the 2009 final rule.
    In the spirit of Executive Order 13132, and consistent with the EPA 
policy to promote communications between the EPA and state and local 
governments, the EPA specifically solicited comments on the proposed 
action from state and local officials. The EPA did not receive any 
comments on the proposed action from state and local officials.

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 final rule 
amendments do not result in any changes to the current requirements of 
40 CFR part 98. Thus, Executive Order 13175 does not apply to this 
action.
    Although Executive Order 13175 does not apply to this action, the 
EPA sought opportunities to provide information to Tribal governments 
and representatives during the development of the rules for subparts A 
and OO promulgated on October 30, 2009; subparts FF, II, and TT 
promulgated on July 12, 2010, and subparts and DD and RR, both 
promulgated on December 1, 2010. A summary of the EPA's consultations 
with Tribal officials is provided in Sections VIII.D and VIII.F of the 
preamble to the 2009 final rule.

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

    The 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 (15 U.S.C. 272 note) directs 
the 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 the EPA to provide 
Congress, through OMB, explanations when the agency decides not to use 
available and applicable voluntary consensus standards.
    The final rule amendments do not involve technical standards. 
Therefore, the EPA did not consider 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.
    The EPA has determined that these final 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 because it is a rule addressing information collection and 
reporting procedures.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 
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. The 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 on December 29, 2011.

List of Subjects in 40 CFR Part 98

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

    Dated: November 9, 2011.
Lisa P. Jackson,
Administrator.

    For the reasons stated in the preamble, part 98 of 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. 7401-7671q.


0
2. Section 98.1 is amended by revising paragraph (a) to read as 
follows:

[[Page 73899]]

Subpart A--[Amended]


Sec.  98.1  Purpose and scope.

    (a) This part establishes mandatory greenhouse gas (GHG) reporting 
requirements for owners and operators of certain facilities that 
directly emit GHG as well as for certain suppliers. For suppliers, the 
GHGs reported are the quantity that would be emitted from combustion or 
use of the products supplied.
* * * * *

0
3. Section 98.2 is amended by:
0
a. Revising paragraph (d).
0
b. Revising paragraph (e).
0
c. Revising paragraph (f) introductory text.
0
d. Revising paragraph (h).
0
e. Revising paragraph (i)(3).


Sec.  98.2  Who must report?

* * * * *
    (d) To calculate GHG quantities for comparison to the 25,000 metric 
ton CO2 per year threshold for importers and exporters of 
coal-to-liquid products under paragraph (a)(4) of this section, 
calculate the mass in metric tons per year of CO2 that would 
result from the complete combustion or oxidation of the quantity of 
coal-to-liquid products that are imported during the reporting year 
and, that are exported during the reporting year. Compare the imported 
quantities and the exported quantities separately to the 25,000 metric 
ton CO2 per year threshold. Calculate the quantities using 
the methodology specified in subpart LL of this part.
    (e) To calculate GHG quantities for comparison to the 25,000 metric 
ton CO2e per year threshold for importers and exporters of 
petroleum products under paragraph (a)(4) of this section, calculate 
the mass in metric tons per year of CO2 that would result 
from the complete combustion or oxidation of the combined volume of 
petroleum products and natural gas liquids that are imported during the 
reporting year and that are exported during the reporting year. Compare 
the imported quantities and the exported quantities separately to the 
25,000 metric ton CO2 per year threshold. Calculate the 
quantities using the methodology specified in subpart MM of this part.
    (f) To calculate GHG quantities for comparison to the 25,000 metric 
ton CO2e per year threshold under paragraph (a)(4) of this 
section for importers and exporters of industrial greenhouse gases and 
for importers and exporters of CO2, the owner or operator 
shall calculate the mass in metric tons per year of CO2e 
imports and exports as described in paragraphs (f)(1) through (f)(3) of 
this section. Compare the imported quantities and the exported 
quantities separately to the 25,000 metric ton CO2 per year 
threshold.
* * * * *
    (h) An owner or operator of a facility or supplier that does not 
meet the applicability requirements of paragraph (a) of this section is 
not subject to this rule. Such owner or operator would become subject 
to the rule and reporting requirements, if a facility or supplier 
exceeds the applicability requirements of paragraph (a) of this section 
at a later time pursuant to Sec.  98.3(b)(3). Thus, the owner or 
operator should reevaluate the applicability to this part (including 
the revising of any relevant emissions calculations or other 
calculations) whenever there is any change that could cause a facility 
or supplier to meet the applicability requirements of paragraph (a) of 
this section. Such changes include but are not limited to process 
modifications, increases in operating hours, increases in production, 
changes in fuel or raw material use, addition of equipment, and 
facility expansion.
    (i) * * *
    (3) If the operations of a facility or supplier are changed such 
that all applicable GHG-emitting processes and operations listed in 
paragraphs (a)(1) through (a)(4) of this section cease to operate, then 
the owner or operator is exempt from reporting in the years following 
the year in which cessation of such operations occurs, provided that 
the owner or operator submits a notification to the Administrator that 
announces the cessation of reporting and certifies to the closure of 
all GHG-emitting processes and operations no later than March 31 of the 
year following such changes. This paragraph (i)(3) does not apply to 
seasonal or other temporary cessation of operations. This paragraph 
(i)(3) does not apply to facilities with municipal solid waste 
landfills or industrial waste landfills, or to underground coal mines. 
The owner or operator must resume reporting for any future calendar 
year during which any of the GHG-emitting processes or operations 
resume operation.
* * * * *

0
4. Section 98.3 is amended by:
0
a. Revising paragraph (b) introductory text.
0
b. Adding paragraph (b)(1).
0
c. Adding paragraph (b)(4).
0
d. Revising paragraph (c)(5)(ii).
0
e. Revising paragraph (c)(7).
0
f. Revising paragraph (c)(10).
0
g. Revising paragraph (c)(11).
0
h. Revising the second sentence of paragraph (g) introductory text.


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

* * * * *
    (b) Schedule. The annual GHG report for reporting year 2010 must be 
submitted no later than September 30, 2011. The annual report for 
reporting years 2011 and beyond must be submitted no later than March 
31 of each calendar year for GHG emissions in the previous calendar 
year, except as provided in paragraph (b)(1) of this section.
    (1) For reporting year 2011, facilities with one or more of the 
subparts listed in paragraphs (b)(1)(i) through (b)(1)(xi) of this 
section and suppliers listed in paragraph (b)(1)(xii) of this section 
are required to submit their annual GHG report no later than September 
28, 2012. Facilities and suppliers that are submitting their second 
annual GHG report in 2012 and that are reporting on one or more 
subparts listed in paragraphs (b)(1)(i) through (b)(1)(xii) of this 
section must notify EPA by March 31, 2012 that they are not required to 
submit their annual GHG report until September 28, 2012.
    (i) Electronics Manufacturing (subpart I).
    (ii) Fluorinated Gas Production (subpart L).
    (iii) Magnesium Production (subpart T).
    (iv) Petroleum and Natural Gas Systems (subpart W).
    (v) Use of Electric Transmission and Distribution Equipment 
(subpart DD).
    (vi) Underground Coal Mines (subpart FF).
    (vii) Industrial Wastewater Treatment (subpart II).
    (viii) Geologic Sequestration of Carbon Dioxide (subpart RR).
    (ix) Manufacture of Electric Transmission and Distribution (subpart 
SS).
    (x) Industrial Waste Landfills (subpart TT).
    (xi) Injection of Carbon Dioxide (subpart UU).
    (xii) Imports and Exports of Equipment Pre-charged with Fluorinated 
GHGs or Containing Fluorinated GHGs in Closed-cell Foams (subpart QQ).
* * * * *
    (4) Unless otherwise stated, if the final day of any time period 
falls on a weekend or a federal holiday, the time period shall be 
extended to the next business day.
    (c) * * *
    (5) * * *
    (ii) Quantity of each GHG from each applicable supply category in 
Table A-5 to this subpart, expressed in metric

[[Page 73900]]

tons of each GHG. For fluorinated GHG, report quantities of all 
fluorinated GHG, including those not listed in Table A-1 to this 
subpart.
* * * * *
    (7) A brief description of each ``best available monitoring 
method'' used, the parameter measured using the method, and the time 
period during which the ``best available monitoring method'' was used, 
if applicable.
* * * * *
    (10) NAICS code(s) that apply to the facility or supplier.
    (i) Primary NAICS code. Report the NAICS code that most accurately 
describes the facility or supplier's primary product/activity/service. 
The primary product/activity/service is the principal source of revenue 
for the facility or supplier. A facility or supplier that has two 
distinct products/activities/services providing comparable revenue may 
report a second primary NAICS code.
    (ii) Additional NAICS code(s). Report all additional NAICS codes 
that describe all product(s)/activity(s)/service(s) at the facility or 
supplier that are not related to the principal source of revenue.
    (11) Legal name(s) and physical address(es) of the highest-level 
United States parent company(s) of the owners (or operators) of the 
facility or supplier and the percentage of ownership interest for each 
listed parent company as of December 31 of the year for which data are 
being reported according to the following instructions:
    (i) If the facility or supplier is entirely owned by a single 
United States company that is not owned by another company, provide 
that company's legal name and physical address as the United States 
parent company and report 100 percent ownership.
    (ii) If the facility or supplier is entirely owned by a single 
United States company that is, itself, owned by another company (e.g., 
it is a division or subsidiary of a higher-level company), provide the 
legal name and physical address of the highest-level company in the 
ownership hierarchy as the United States parent company and report 100 
percent ownership.
    (iii) If the facility or supplier is owned by more than one United 
States company (e.g., company A owns 40 percent, company B owns 35 
percent, and company C owns 25 percent), provide the legal names and 
physical addresses of all the highest-level companies with an ownership 
interest as the United States parent companies, and report the percent 
ownership of each company.
    (iv) If the facility or supplier is owned by a joint venture or a 
cooperative, the joint venture or cooperative is its own United States 
parent company. Provide the legal name and physical address of the 
joint venture or cooperative as the United States parent company, and 
report 100 percent ownership by the joint venture or cooperative.
    (v) If the facility or supplier is entirely owned by a foreign 
company, provide the legal name and physical address of the foreign 
company's highest-level company based in the United States as the 
United States parent company, and report 100 percent ownership.
    (vi) If the facility or supplier is partially owned by a foreign 
company and partially owned by one or more U.S. companies, provide the 
legal name and physical address of the foreign company's highest-level 
company based in the United States, along with the legal names and 
physical addresses of the other U.S. parent companies, and report the 
percent ownership of each of these companies.
    (vii) If the facility or supplier is a federally owned facility, 
report ``U.S. Government'' and do not report physical address or 
percent ownership.
* * * * *
    (g) Recordkeeping. * * * Retain all required records for at least 3 
years from the date of submission of the annual GHG report for the 
reporting year in which the record was generated. * * *
* * * * *

0
5. Section 98.4 is amended by revising paragraph (m)(4) to read as 
follows:


Sec.  98.4  Authorization and responsibilities of the designated 
representative.

* * * * *
    (m) * * *
    (4) Any electronic submission covered by the certification in 
paragraph (m)(2)(v)(A) of this section and made in accordance with a 
notice of delegation effective under paragraph (m)(3) of this section 
shall be deemed to be an electronic submission certified, signed, and 
submitted by the designated representative or alternate designated 
representative submitting such notice of delegation.

0
6. Section 98.6 is amended by revising the definitions of ``Supplier'' 
and ``United States parent company(s)'' to read as follows:


Sec.  98.6  Definitions.

* * * * *
    Supplier means a producer, importer, or exporter in any supply 
category included in Table A-5 to this subpart, as defined by the 
corresponding subpart of this part.
* * * * *
    United States parent company(s) means the highest-level United 
States company(s) with an ownership interest in the facility or 
supplier as of December 31 of the year for which data are being 
reported.
* * * * *

0
7. Section 98.9 introductory text is revised to read as follows:


Sec.  98.9  Addresses.

    All requests, notifications, and communications to the 
Administrator pursuant to this part must be submitted electronically 
and in a format as specified by the Administrator. For example, any 
requests, notifications and communications that can be submitted 
through the electronic GHG reporting tool, must be submitted through 
that tool. If not specified, requests, notifications or communications 
shall be submitted to the following address:
* * * * *

0
8. Table A-3 to subpart A is amended by revising the entry for 
``Electrical transmission and distribution equipment use'' and 
``Underground coal mines'' to read as follows:

    Table A-3 to Subpart A of Part 98--Source Category List for Sec.
                               98.2(a)(1)
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Source Categories \a\ Applicable in 2010 and Future Years
 
                              * * * * * * *
Additional Source Categories \a\ Applicable in 2011 and Future Years
Electrical transmission and distribution equipment use at facilities
 where the total nameplate capacity of SF6 and PFC containing equipment
 exceeds 17,820 pounds, as determined under Sec.   98.301 (subpart DD).
Underground coal mines liberating 36,500,000 actual cubic feet of CH4 or
 more per year (subpart FF).
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ Source categories are defined in each applicable subpart.


[[Page 73901]]


0
9. Table A-5 to subpart A is amended by revising the entries for 
``Petroleum product suppliers (subpart MM)'' to read as follows:

   Table A-5 to Subpart A of Part 98 --Supplier Category List for Sec.
                               98.2(a)(4)
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Supplier Categories \a\ Applicable in 2010 and Future Years
 
                              * * * * * * *
Petroleum product suppliers (subpart MM):
 
    (A) All petroleum refineries that distill crude oil.
    (B) Importers of an annual quantity of petroleum products and
     natural gas liquids that is equivalent to 25,000 metric tons CO2e
     or more.
    (C) Exporters of an annual quantity of petroleum products and
     natural gas liquids that is equivalent to 25,000 metric tons CO2e
     or more.
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ Suppliers are defined in each applicable subpart.

Subpart FF--[Amended]

0
10. Section 98.322 is amended by revising paragraph (f) to read as 
follows:


Sec.  98.322  GHGs to report.

* * * * *
    (f) An underground coal mine that is subject to this part because 
emissions from source categories described in Tables A-3, A-4 or A-5 of 
subpart A of this part, or from stationary combustion (subpart C of 
this part), is not required to report emissions under this subpart 
unless the coal mine liberates 36,500,000 actual cubic feet (acf) or 
more of methane per year from its ventilation system.

0
11. Section 98.323 is amended by:
0
a. Revising the definitions of ``V'', ``C'', and ``P'' in Equation FF-1 
of paragraph (a).
0
b. Revising the first sentence of paragraph (a)(2).
0
c. Revising the definitions of ``Vi'', ``Ci'', ``Ti'', and ``Pi'' in 
Equation FF-3 of paragraph (b) introductory text.
0
d. Revising the first sentence of paragraph (b)(1).
0
e. Revising paragraph (c) introductory text preceding Eq. FF-5.
    The revisions read as follows:


Sec.  98.323  Calculating GHG emissions.

    (a) * * *

V = Volumetric flow rate for the quarter (cfm) based on sampling or a 
flow rate meter. If a flow rate meter is used and the meter 
automatically corrects for temperature and pressure, replace 
``520[deg]R/T x P/1 atm'' with ``1''.
* * * * *
C = CH4 concentration of ventilation gas for the quarter 
(%).
* * * * *
P = Pressure at which flow is measured (atm) for the quarter. The 
annual average barometric pressure from the nearest NOAA weather 
service station may be used as a default.
* * * * *
    (2) Values of V, C, T, P, and (fH2O), if applicable, 
must be based on measurements taken at least once each quarter with no 
fewer than 6 weeks between measurements. * * *
* * * * *
    (b) * * *
Vi = Measured volumetric flow rate for the days in the week 
when the degasification system is in operation at that monitoring 
point, based on sampling or a flow rate meter (cfm). If a flow rate 
meter is used and the meter automatically corrects for temperature and 
pressure, replace ``520[deg]R/Ti x Pi/1 atm'' 
with ``1''.
* * * * *
Ci = CH4 concentration of gas for the days in the 
week when the degasification system is in operation at that monitoring 
point (%).
* * * * *
Ti = Temperature at which flow is measured ([deg]R).
Pi = Pressure at which flow is measured (atm).
* * * * *
    (1) Values for V, C, T, P, and (fH2O), if applicable, 
must be based on measurements taken at least once each calendar week 
with at least 3 days between measurements. * * *
* * * * *
    (c) If gas from degasification system wells or ventilation shafts 
is sold, used onsite, or otherwise destroyed (including by flaring), 
you must calculate the quarterly CH4 destroyed for each 
destruction device and each point of offsite transport to a destruction 
device, using Equation FF-5 of this section. You must measure 
CH4 content and flow rate according to the provisions in 
Sec.  98.324, and calculate the methane routed to the destruction 
device (CH4) using either Equation FF-1 or Equation FF-3 of 
this section, as applicable.
* * * * *

0
12. Section 98.324 is amended by:
0
a. Revising paragraphs (b)(1) and (b)(2).
0
b. Revising paragraph (c).
0
c. Revising paragraph (d).
0
d. Revising paragraph (e) introductory text.
0
e. Revising paragraphs (g) and (h).
    The revisions read as follows:


Sec.  98.324  Monitoring and QA/QC requirements.

* * * * *
    (b) * * *
    (1) Collect quarterly or more frequent grab samples (with no fewer 
than 6 weeks between measurements) for methane concentration and make 
quarterly measurements of flow rate, temperature, pressure, and 
moisture content, if applicable. The sampling and measurements must be 
made at the same locations as Mine Safety and Health Administration 
(MSHA) inspection samples are taken, and should be taken when the mine 
is operating under normal conditions. You must follow MSHA sampling 
procedures as set forth in the MSHA Handbook entitled, General Coal 
Mine Inspection Procedures and Inspection Tracking System Handbook 
Number: PH-08-V-1, January 1, 2008 (incorporated by reference, see 
Sec.  98.7). You must record the date of sampling, flow, temperature, 
pressure, and moisture measurements, the methane concentration 
(percent), the bottle number of samples collected, and the location of 
the measurement or collection.
    (2) Obtain results of the quarterly (or more frequent) testing 
performed by MSHA for the methane flowrate. At the same location and 
within seven days of the MSHA sampling, make measurements of 
temperature and pressure using the same procedures

[[Page 73902]]

specified in paragraph (b)(1) of this section. The annual average 
barometric pressure from the nearest National Oceanic and Atmospheric 
Administration (NOAA) weather service station may be used as a default 
for pressure. If the MSHA data for methane flow is provided in the 
units of actual cubic feet of methane per day, the methane flow data is 
inserted into Equation FF-1 of this section in place of the value for V 
and the variables MCF, C/100%, and 1440 are removed from the equation.
* * * * *
    (c) For CH4 liberated at degasification systems, 
determine whether CH4 will be monitored from each well and 
gob gas vent hole, from a centralized monitoring point, or from a 
combination of the two options. Operators are allowed flexibility for 
aggregating emissions from more than one well or gob gas vent hole, as 
long as emissions from all are addressed, and the methodology for 
calculating total emissions is documented. Monitor both gas volume and 
methane concentration by one of the following two options:
    (1) Monitor emissions through the use of one or more continuous 
emissions monitoring systems (CEMS). If operators use CEMS as the basis 
for emissions reporting, they must provide documentation on the process 
for using data obtained from their CEMS to estimate emissions from 
their mine ventilation systems.
    (2) Collect weekly (once each calendar week, with at least three 
days between measurements) or more frequent samples, for all 
degasification wells and gob gas vent holes. Determine weekly or more 
frequent flow rates, methane concentration, temperature, and pressure 
from these degasification wells and gob gas vent holes. Methane 
composition should be determined either by submitting samples to a lab 
for analysis, or from the use of methanometers at the degasification 
well site. Follow the sampling protocols for sampling of methane 
emissions from ventilation shafts, as described in Sec.  98.324(b)(1). 
You must record the date of sampling, flow, temperature, pressure, and 
moisture measurements, the methane concentration (percent), the bottle 
number of samples collected, and the location of the measurement or 
collection.
    (3) If the CH4 concentration is determined on a dry 
basis and flow is determined on a wet basis or CH4 
concentration is determined on a wet basis and flow is determined on a 
dry basis, and the flow meter does not automatically correct for 
moisture content, determine the moisture content in the gas in a 
location near or representative of the location of:
    (i) The gas flow meter at least once each calendar week; if 
measuring with CEMS. If only one measurement is made each calendar 
week, there must be at least three days between measurements; and
    (ii) The grab sample, if using grab samples, at the time of the 
sample.
    (d) Monitoring must adhere to one of the methods specified in 
paragraphs (d)(1) through (d)(2) of this section.
    (1) ASTM D1945-03, Standard Test Method for Analysis of Natural Gas 
by Gas Chromatography; ASTM D1946-90 (Reapproved 2006), Standard 
Practice for Analysis of Reformed Gas by Gas Chromatography; ASTM 
D4891-89 (Reapproved 2006), Standard Test Method for Heating Value of 
Gases in Natural Gas Range by Stoichiometric Combustion; or ASTM 
UOP539-97 Refinery Gas Analysis by Gas Chromatography (incorporated by 
reference, see Sec.  98.7).
    (2) As an alternative to the gas chromatography methods provided in 
paragraph (d)(1) of this section, you may use gaseous organic 
concentration analyzers and a correction factor to calculate the 
CH4 concentration following the requirements in paragraphs 
(d)(2)(i) through (d)(2)(iii) of this section.
    (i) Use Method 25A or 25B at 40 CFR part 60, appendix A-7 to 
determine gaseous organic concentration as required in Sec.  98.323 and 
in paragraphs (b) and (c) of this section. You must calibrate the 
instrument with CH4 and determine the total gaseous organic 
concentration as carbon (or as CH4; K=1 in Equation 25A-1 of 
Method 25A at 40 CFR part 60, appendix A-7).
    (ii) Determine a correction factor that will be used with the 
gaseous organic concentrations measured in paragraph (i) of this 
section. The correction factor must be determined at the routine 
sampling location no less frequently than once a reporting year 
following the requirements in paragraphs (d)(2)(ii)(A) through 
(d)(2)(ii)(C) of this section.
    (A) Take a minimum of three grab samples of the gas with a minimum 
of 20 minutes between samples and determine the methane composition of 
the gas using one of the methods specified in paragraph (d)(1) of this 
section.
    (B) As soon as practical after each grab sample is collected and 
prior to the collection of a subsequent grab sample, determine the 
gaseous organic concentration of the gas using either Method 25A or 25B 
at 40 CFR part 60, appendix A-7 as specified in paragraph (d)(2)(i) of 
this section.
    (C) Determine the arithmetic average methane concentration and the 
arithmetic average gaseous organic concentration of the samples 
analyzed according to paragraphs (d)(2)(ii)(A) and (d)(2)(ii)(B) of 
this section, respectively, and calculate the non-methane organic 
carbon correction factor as the ratio of the average methane 
concentration to the average total gaseous organic concentration. If 
the ratio exceeds 1, use 1 for the correction factor.
    (iii) Calculate the CH4 concentration as specified in 
Equation FF-9 of this section:
[GRAPHIC] [TIFF OMITTED] TR29NO11.000


Where:

CCH4 = Methane (CH4) concentration in the gas 
(volume %) for use in Equations FF-1 and FF-3 of this subpart.
fNMOC = Correction factor from the most recent 
determination of the correction factor as specified in paragraph 
(d)(2)(ii) of this section (unitless).
CTGOC = Gaseous organic carbon concentration measured 
using Method 25A or 25B at 40 CFR part 60, appendix A-7 during 
routine monitoring of the gas (volume %).

    (e) All flow meters and gas composition monitors that are used to 
provide data for the GHG emissions calculations shall be calibrated 
prior to the first reporting year, using the applicable methods 
specified in paragraphs (d), and (e)(1) through (e)(7) of this section. 
Alternatively, calibration procedures specified by the flow meter 
manufacturer may be used. Flow meters and gas composition monitors 
shall be recalibrated either at the minimum frequency specified by the 
manufacturer or annually. The operator shall operate, maintain, and 
calibrate a gas composition monitor capable of measuring the 
concentration of CH4 in the gas using one of the methods 
specified in paragraph (d) of this section. The operator shall operate, 
maintain, and calibrate the flow meter using any of the following test 
methods or follow the procedures specified by the flow meter 
manufacturer. Flow meters must meet the accuracy requirements in Sec.  
98.3(i).
* * * * *
    (g) All temperature, pressure, and moisture content monitors must 
be operated and calibrated using the procedures and frequencies 
specified by the manufacturer.
    (h) If applicable, the owner or operator shall document the 
procedures used to ensure the accuracy of gas flow rate, gas 
composition, temperature, pressure, and moisture content

[[Page 73903]]

measurements. These procedures include, but are not limited to, 
calibration of flow meters, and other measurement devices. The 
estimated accuracy of measurements, and the technical basis for the 
estimated accuracy shall be recorded.

0
13. Section 98.325 is amended by revising the first sentence of 
paragraph (b) as to read follows:


Sec.  98.325  Procedures for estimating missing data.

* * * * *
    (b) For each missing value of CH4 concentration, flow 
rate, temperature, pressure, and moisture content for ventilation and 
degasification systems, the substitute data value shall be the 
arithmetic average of the quality-assured values of that parameter 
immediately preceding and immediately following the missing data 
incident. * * *

0
14. Section 98.326 is amended by:
0
a. Revising paragraph (f).
0
b. Revising paragraph (h).
0
c. Revising paragraph (j).
0
d. Revising paragraph (k).
0
e. Revising paragraph (o).
    The revisions read as follows:


Sec.  98.326  Data reporting requirements.

* * * * *
    (f) Quarterly volumetric flow rate for each ventilation monitoring 
point (scfm), date and location of each measurement, and method of 
measurement (quarterly sampling or continuous monitoring), used in 
Equation FF-1 of this subpart.
* * * * *
    (h) Weekly volumetric flow rate used to calculate CH4 
liberated from degasification systems (cfm) and method of measurement 
(sampling or continuous monitoring), used in Equation FF-3 of this 
subpart.
* * * * *
    (j) Weekly volumetric flow rate used to calculate CH4 
destruction for each destruction device and each point of offsite 
transport (cfm).
    (k) Weekly CH4 concentration (%) used to calculate 
CH4 flow to each destruction device and each point of 
offsite transport (C).
* * * * *
    (o) Temperatures ([deg]R), pressure (atm), and moisture content 
used in Equation FF-1 and FF-3 of this subpart, and the gaseous organic 
concentration correction factor, if Equation FF-9 was required.
* * * * *

Subpart II--[Amended]

0
15. Section 98.350 is amended by revising the first sentence of 
paragraph (b) introductory text to read as follows:


Sec.  98.350  Definition of source category.

* * * * *
    (b) An anaerobic process is a procedure in which organic matter in 
wastewater, wastewater treatment sludge, or other material is degraded 
by micro-organisms in the absence of oxygen, resulting in the 
generation of CO2 and CH4. * * *
* * * * *

0
16. Section 98.352 is amended by revising paragraph (d) to read as 
follows:


Sec.  98.352  GHGs to report.

* * * * *
    (d) You must report under subpart C of this part (General 
Stationary Fuel Combustion Sources) the emissions of CO2, 
CH4, and N2O from each stationary combustion unit 
associated with the biogas destruction device, if present, by following 
the requirements of subpart C of this part.

0
17. Section 98.353 is amended by:
0
a. Revising paragraph (a)(2) introductory text.
0
b. Revising paragraph (c) introductory text and paragraph (c)(1) 
introductory text preceding Equation II-4.
0
c. Revising the definitions of ``Rn'', ``Tm'', and ``Pm'' in Equation 
II-4 of paragraph (c)(1).
0
d. Revising paragraph (c)(2).
0
e. Revising paragraph (d) introductory text.
0
f. Revising the definition of ``Rn'' in Equation II-5 in paragraph 
(d)(1).
0
g. Revising paragraph (d)(2) introductory text preceding Equation II-6.
0
h. Revising Equation II-6 and revising the definition of 
``CH4En'', ``Rn'', ``DE1'', 
and ``fDest--1'' in paragraph (d)(2).


Sec.  98.353  Calculating GHG emissions.

    (a) * * *
    (2) If you measure the concentration of organic material entering 
an anaerobic reactor or anaerobic lagoon using methods for the 
determination of 5-day biochemical oxygen demand (BOD5), 
then estimate annual mass of CH4 generated using Equation 
II-2 of this section.
[GRAPHIC] [TIFF OMITTED] TR29NO11.001

Where:

CH4Gn = Annual mass of CH4 
generated from the anaerobic wastewater treatment process (metric 
tons).
n = Index for processes at the facility, used in Equation II-7.
w = Index for weekly measurement period.
Floww = Volume of wastewater sent to an anaerobic 
wastewater treatment process in week w(m\3\/week), measured as 
specified in Sec.  98.354(d).
BOD5,w = Average weekly concentration of 5-day 
biochemical oxygen demand of wastewater entering an anaerobic 
wastewater treatment process for week w(kg/m\3\), measured as 
specified in Sec.  98.354(b) and (c).
B0 = Maximum CH4 producing potential of 
wastewater (kg CH4/kg BOD5), use the value 
0.6.
MCF = CH4 conversion factor, based on relevant values in 
Table II-1 to this subpart.
0.001 = Conversion factor from kg to metric tons.
* * * * *
    (c) For each anaerobic sludge digester, anaerobic reactor, or 
anaerobic lagoon from which some biogas is recovered, estimate the 
annual mass of CH4 recovered according to the requirements 
in paragraphs (c)(1) and (c)(2) of this section. To estimate the annual 
mass of CH4 recovered, you must continuously monitor biogas 
flow rate and determine the volume of biogas each week and the 
cumulative volume of biogas each year that is collected and routed to a 
destruction device as specified in Sec.  98.354(h). If the gas flow 
meter is not equipped with automatic correction for temperature, 
pressure, or, if necessary, moisture content, you must determine these 
parameters as specified in paragraph (c)(2)(ii) of this section.
    (1) If you continuously monitor CH4 concentration (and 
if necessary, temperature, pressure, and moisture content required as 
specified in Sec.  98.354(f)) of the biogas that is collected and 
routed to a destruction device using a monitoring meter specifically 
for CH4 gas, as specified in Sec.  98.354(g), you must use 
this monitoring system and calculate the quantity of CH4 
recovered for destruction using Equation II-4 of this section. A fully 
integrated system that directly reports CH4 quantity 
requires

[[Page 73904]]

only the summing of results of all monitoring periods for a given year.
* * * * *
Rn = Annual quantity of CH4 recovered from the 
nth anaerobic reactor, sludge digester, or lagoon (metric tons 
CH4/yr)
* * * * *
Tm = Average temperature at which flow is measured for 
the measurement period ([deg]R). If the flow rate meter 
automatically corrects for temperature to 520[deg] R, replace 
``520[deg] R/Tm'' with ``1''.
Pm = Average pressure at which flow is measured for the 
measurement period (atm). If the flow rate meter automatically 
corrects for pressure to 1 atm, replace ``Pm/1'' with 
``1''.
* * * * *
    (2) If you do not continuously monitor CH4 concentration 
according to paragraph (c)(1) of this section, you must determine the 
CH4 concentration, temperature, pressure, and, if necessary, 
moisture content of the biogas that is collected and routed to a 
destruction device according to the requirements in paragraphs 
(c)(2)(i) through (c)(2)(ii) of this section and calculate the quantity 
of CH4 recovered for destruction using Equation II-4 of this 
section.
    (i) Determine the CH4 concentration in the biogas that 
is collected and routed to a destruction device in a location near or 
representative of the location of the gas flow meter at least once each 
calendar week; if only one measurement is made each calendar week, 
there must be least three days between measurements. For a given 
calendar week, you are not required to determine CH4 
concentration if the cumulative volume of biogas for that calendar 
week, determined as specified in paragraph (c) of this section, is 
zero.
    (ii) If the gas flow meter is not equipped with automatic 
correction for temperature, pressure, or, if necessary, moisture 
content:
    (A) Determine the temperature and pressure in the biogas that is 
collected and routed to a destruction device in a location near or 
representative of the location of the gas flow meter at least once each 
calendar week; if only one measurement is made each calendar week, 
there must be at least three days between measurements.
    (B) If the CH4 concentration is determined on a dry 
basis and biogas flow is determined on a wet basis, or CH4 
concentration is determined on a wet basis and biogas flow is 
determined on a dry basis, and the flow meter does not automatically 
correct for moisture content, determine the moisture content in the 
biogas that is collected and routed to a destruction device in a 
location near or representative of the location of the gas flow meter 
at least once each calendar week that the cumulative biogas flow 
measured as specified in Sec.  98.354(h) is greater than zero; if only 
one measurement is made each calendar week, there must be at least 
three days between measurements.
    (d) For each anaerobic sludge digester, anaerobic reactor, or 
anaerobic lagoon from which some quantity of biogas is recovered, you 
must estimate both the annual mass of CH4 that is generated, 
but not recovered, according to paragraph (d)(1) of this section and 
the annual mass of CH4 emitted according to paragraph (d)(2) 
of this section.
    (1) * * *

Rn = Annual quantity of CH4 recovered from the 
nth anaerobic reactor, anaerobic lagoon, or anaerobic sludge 
digester, as calculated in Equation II-4 of this section (metric 
tons CH4).
* * * * *
    (2) For each anaerobic sludge digester, anaerobic reactor, or 
anaerobic lagoon from which some quantity of biogas is recovered, 
estimate the annual mass of CH4 emitted using Equation II-6 
of this section.
[GRAPHIC] [TIFF OMITTED] TR29NO11.002

Where:

CH4En = Annual quantity of CH4 
emitted from the process n from which biogas is recovered (metric 
tons).
* * * * *
Rn = Annual quantity of CH4 recovered from the 
nth anaerobic reactor or anaerobic sludge digester, as calculated in 
Equation II-4 of this section (metric tons CH4).
DE1 = Primary destruction device CH4 
destruction efficiency (lesser of manufacturer's specified 
destruction efficiency and 0.99). If the biogas is transported off-
site for destruction, use DE = 1.
fDest--1 = Fraction of hours the primary destruction 
device was operating (device operating hours/hours in the year). If 
the biogas is transported off-site for destruction, use 
fDest = 1.
* * * * *

0
18. Section 98.354 is amended by:
0
a. Revising the second sentence of paragraph (c).
0
b. Revising paragraph (d) introductory text.
0
c. Revising paragraph (f).
0
d. Revising paragraph (g) introductory text.
0
e. Revising paragraph (h) introductory text and paragraph (h)(5).
0
f. Revising paragraph (k).


Sec.  98.354  Monitoring and QA/QC requirements.

    (c) * * * You must collect and analyze samples for COD or 
BOD5 concentration at least once each calendar week that the 
anaerobic wastewater treatment process is operating; if only one 
measurement is made each calendar week, there must be at least three 
days between measurements. * * *
    (d) You must measure the flowrate of wastewater entering anaerobic 
wastewater treatment process at least once each calendar week that the 
process is operating; if only one measurement is made each calendar 
week, there must be at least three days between measurements. You must 
measure the flowrate for the 24-hour period for which you collect 
samples analyzed for COD or BOD5 concentration. The flow 
measurement location must correspond to the location used to collect 
samples analyzed for COD or BOD5 concentration. You must 
measure the flowrate using one of the methods specified in paragraphs 
(d)(1) through (d)(5) of this section or as specified by the 
manufacturer.
* * * * *
    (f) For each anaerobic process (such as anaerobic reactor, sludge 
digester, or lagoon) from which biogas is recovered, you must make the 
measurements or determinations specified in paragraphs (f)(1) through 
(f)(3) of this section.
    (1) You must continuously measure the biogas flow rate as specified 
in paragraph (h) of this section and determine the cumulative volume of 
biogas recovered.
    (2) You must determine the CH4 concentration of the 
recovered biogas as specified in paragraph (g) of this section at a 
location near or representative of the location of the gas flow meter. 
You must determine CH4 concentration either continuously or 
intermittently. If you determine the concentration intermittently, you 
must determine the concentration at least once each calendar week that 
the cumulative biogas flow measured as specified in paragraph (h) of 
this section is greater than zero, with at least three days between 
measurements.
    (3) As specified in Sec.  98.353(c) and paragraph (h) of this 
section, you must determine temperature, pressure, and moisture content 
as necessary to accurately determine the biogas flow

[[Page 73905]]

rate and CH4 concentration. You must determine temperature 
and pressure if the gas flow meter or gas composition monitor do not 
automatically correct for temperature or pressure. You must measure 
moisture content of the recovered biogas if the biogas flow rate is 
measured on a wet basis and the CH4 concentration is 
measured on a dry basis. You must also measure the moisture content of 
the recovered biogas if the biogas flow rate is measured on a dry basis 
and the CH4 concentration is measured on a wet basis.
    (g) For each anaerobic process (such as an anaerobic reactor, 
sludge digester, or lagoon) from which biogas is recovered, operate, 
maintain, and calibrate a gas composition monitor capable of measuring 
the concentration of CH4 in the recovered biogas using one 
of the methods specified in paragraphs (g)(1) through (g)(6) of this 
section or as specified by the manufacturer.
* * * * *
    (h) For each anaerobic process (such as an anaerobic reactor, 
sludge digester, or lagoon) from which biogas is recovered, install, 
operate, maintain, and calibrate a gas flow meter capable of 
continuously measuring the volumetric flow rate of the recovered biogas 
using one of the methods specified in paragraphs (h)(1) through (h)(8) 
of this section or as specified by the manufacturer. Recalibrate each 
gas flow meter either biennially (every 2 years) or at the minimum 
frequency specified by the manufacturer. Except as provided in Sec.  
98.353(c)(2)(iii), each gas flow meter must be capable of correcting 
for the temperature and pressure and, if necessary, moisture content.
* * * * *
    (5) ASME MFC-11M-2006 Measurement of Fluid Flow by Means of 
Coriolis Mass Flowmeters (incorporated by reference, see Sec.  98.7). 
The mass flow must be corrected to volumetric flow based on the 
measured temperature, pressure, and biogas composition.
* * * * *
    (k) If applicable, the owner or operator must document the 
procedures used to ensure the accuracy of measurements of COD or 
BOD5 concentration, wastewater flow rate, biogas flow rate, 
biogas composition, temperature, pressure, and moisture content. These 
procedures include, but are not limited to, calibration of gas flow 
meters, and other measurement devices. The estimated accuracy of 
measurements made with these devices must also be recorded, and the 
technical basis for these estimates must be documented.

0
19. Section 98.355 is amended by revising paragraph (b) to read as 
follows:


Sec.  98.355  Procedures for estimating missing data

* * * * *
    (b) For each missing value of the CH4 content or biogas 
flow rates, the substitute data value must be the arithmetic average of 
the quality-assured values of that parameter immediately preceding and 
immediately following the missing data incident.
* * * * *

0
20. Section 98.356 is amended by:
0
a. Revising paragraph (a) introductory text.
0
b. Revising paragraphs (b)(3) and (b)(4).
0
c. Revising paragraph (d) introductory text and paragraphs (d)(2), 
(d)(4), (d)(6), and (d)(8).


Sec.  98.356  Data reporting requirements.

* * * * *
    (a) A description or diagram of the industrial wastewater treatment 
system, identifying the processes used to treat industrial wastewater 
and industrial wastewater treatment sludge. Indicate how the processes 
are related to each other and identify the anaerobic processes. Provide 
a unique identifier for each anaerobic process, indicate the average 
depth in meters of each anaerobic lagoon, and indicate whether biogas 
generated by each anaerobic process is recovered. The anaerobic 
processes must be identified as:
* * * * *
    (b) * * *
    (3) Maximum CH4 production potential (B0) 
used as an input to Equation II-1 or II-2 of this subpart, from Table 
II-1 to this subpart.
    (4) Methane conversion factor (MCF) used as an input to Equation 
II-1 or II-2 of this subpart, from Table II-1 to this subpart.
* * * * *
    (d) For each anaerobic wastewater treatment process and anaerobic 
sludge digester from which some biogas is recovered, you must report:
* * * * *
    (2) Total weekly volumetric biogas flow for each week (up to 52 
weeks/year) that biogas is collected for destruction.
* * * * *
    (4) Weekly average biogas temperature for each week at which flow 
is measured for biogas collected for destruction, or statement that 
temperature is incorporated into monitoring equipment internal 
calculations.
* * * * *
    (6) Weekly average biogas pressure for each week at which flow is 
measured for biogas collected for destruction, or statement that 
pressure is incorporated into monitoring equipment internal 
calculations.
* * * * *
    (8) Whether destruction occurs at the facility or off-site. If 
destruction occurs at the facility, also report whether a back-up 
destruction device is present at the facility, the annual operating 
hours for the primary destruction device, the annual operating hours 
for the back-up destruction device (if present), the destruction 
efficiency for the primary destruction device, and the destruction 
efficiency for the back-up destruction device (if present).
* * * * *

Subpart OO--[Amended]

0
21. Section 98.416 is amended by removing and reserving paragraphs 
(a)(8) and (a)(9) and revising paragraph (a)(10) to read as follows:


Sec.  98.416  Data reporting requirements.

* * * * *
    (a) * * *
    (8) [Reserved]
    (9) [Reserved]
    (10) Mass in metric tons of any fluorinated GHG or nitrous oxide 
fed into the transformation process, by process.
* * * * *

0
22. Section 98.417 is amended by adding paragraphs (a)(3) and (a)(4) to 
read as follows:


Sec.  98.417  Records that must be retained.

    (a) * * *
    (3) Dated records of the total mass in metric tons of each reactant 
fed into the F-GHG or nitrous oxide production process, by process.
    (4) Dated records of the total mass in metric tons of the 
reactants, by-products, and other wastes permanently removed from the 
F-GHG or nitrous oxide production process, by process.
* * * * *

Subpart RR--[Amended]

0
23. Section 98.442 is amended by revising paragraphs (e) and (f) to 
read as follows:


Sec.  98.442  GHGs to report.

* * * * *
    (e) Mass of CO2 emissions from equipment leaks and 
vented emissions of CO2 from surface equipment located 
between the injection flow meter and the injection wellhead.
    (f) Mass of CO2 emissions from equipment leaks and 
vented emissions

[[Page 73906]]

of CO2 from surface equipment located between the production 
flow meter and the production wellhead.
* * * * *

0
24. Section 98.443 is amended by:
0
a. Revising paragraph (d) introductory text.
0
b. Revising paragraph (d)(3) introductory text.
0
c. Revising the definition of ``CO2FI'' and 
``CO2FP'' in Equation RR-11 of paragraph (f)(1).
0
d. Revising the definition of ``CO2FI'' in Equation RR-12 of 
paragraph (f)(2).


Sec.  98.443  Calculating CO2 geologic sequestration.

* * * * *
    (d) You must calculate the annual mass of CO2 produced 
from oil or gas production wells or from other fluid wells for each 
separator that sends a stream of gas into a recycle or end use system 
in accordance with the procedures specified in paragraphs (d)(1) 
through (d)(3) of this section. You must account for any CO2 
that is produced and not processed through a separator. You must 
account only for wells that produce the CO2 that was 
injected into the well or wells covered by this source category.
* * * * *
    (3) To aggregate production data, you must sum the mass of all of 
the CO2 separated at each gas-liquid separator in accordance 
with the procedure specified in Equation RR-9 of this section. You must 
assume that the total CO2 measured at the separator(s) 
represents a percentage of the total CO2 produced. In order 
to account for the percentage of CO2 produced that is 
estimated to remain with the produced oil or other fluid, you must 
multiply the quarterly mass of CO2 measured at the 
separator(s) by a percentage estimated using a methodology in your 
approved MRV plan. If fluids containing CO2 from injection 
wells covered under this source category are produced and not processed 
through a gas-liquid separator, the concentration of CO2 in 
the produced fluids must be measured at a flow meter located prior to 
reinjection or reuse using methods in Sec.  98.444(f)(1). The 
considerations you intend to use to calculate CO2 from 
produced fluids for the mass balance equation must be described in your 
approved MRV plan in accordance with Sec.  98.448(d)(5).
[GRAPHIC] [TIFF OMITTED] TR29NO11.003

Where:

CO2P = Total annual CO2 mass produced (metric 
tons) through all separators in the reporting year.
CO2,w = Annual CO2 mass produced (metric tons) 
through separator w in the reporting year.
X = Entrained CO2 in produced oil or other fluid divided 
by the CO2 separated through all separators in the 
reporting year (weight percent CO2, expressed as a 
decimal fraction).
w = Separator.

    (f) * * *
    (1) * * *
* * * * *
CO2FI = Total annual CO2 mass emitted (metric 
tons) from equipment leaks and vented emissions of CO2 
from equipment located on the surface between the flow meter used to 
measure injection quantity and the injection wellhead, for which a 
calculation procedure is provided in subpart W of this part.
CO2FP = Total annual CO2 mass emitted (metric 
tons) from equipment leaks and vented emissions of CO2 
from equipment located on the surface between the production 
wellhead and the flow meter used to measure production quantity, for 
which a calculation procedure is provided in subpart W of this part.
    (2) * * *
* * * * *
CO2FI = Total annual CO2 mass emitted (metric 
tons) from equipment leaks and vented emissions of CO2 
from equipment located on the surface between the flow meter used to 
measure injection quantity and the injection wellhead.

0
25. Section 98.444 is amended by revising the heading of paragraph (d) 
to read as follows:


Sec.  98.444  Monitoring and QA/QC requirements.

* * * * *
    (d) CO2 emissions from equipment leaks and vented emissions of CO2. 
* * *
* * * * *

0
26. Section 98.445 is amended by revising paragraph (e) to read as 
follows:


Sec.  98.445  Procedures for estimating missing data.

* * * * *
    (e) For any values associated with CO2 emissions from 
equipment leaks and vented emissions of CO2 from surface 
equipment at the facility that are reported in this subpart, missing 
data estimation procedures should be followed in accordance with those 
specified in subpart W of this part.
* * * * *

0
27. Section 98.446 is amended by:
0
a. Revising paragraph (a)(2) introductory text and (a)(3) introductory 
text.
0
b. Revising paragraph (e).
0
c. Revising paragraph (f) introductory text.
0
d. Revising paragraph (f)(1)(vii).
0
e. Revising paragraph (f)(3).


Sec.  98.446  Data reporting requirements.

* * * * *
    (a) * * *
    (2) If a volumetric flow meter is used to receive CO2 
report the following unless you reported yes to paragraph (a)(4) of 
this section:
* * * * *
    (3) If a mass flow meter is used to receive CO2 report 
the following unless you reported yes to paragraph (a)(4) of this 
section:
* * * * *
    (e) Report the date that you began collecting data for calculating 
total amount sequestered according to Sec.  98.448(a)(7) of this 
subpart.
    (f) Report the following. If the date specified in paragraph (e) of 
this section is during the reporting year for this annual report, 
report the following starting on the date specified in paragraph (e) of 
this section.
    (1) * * *
    (vii) The standard used to calculate each value in paragraphs 
(f)(1)(ii) through (f)(1)(iv) of this section.
* * * * *
    (3) For CO2 emissions from equipment leaks and vented 
emissions of CO2, report the following:
    (i) The mass of CO2 emitted (in metric tons) annually 
from equipment leaks and vented emissions of CO2 from 
equipment located on the surface between the flow meter used to measure 
injection quantity and the injection wellhead.
    (ii) The mass of CO2 emitted (in metric tons) annually 
from equipment leaks and vented emissions of CO2 from 
equipment located on the surface between the production wellhead and 
the flow meter used to measure production quantity.
* * * * *

0
28. Section 98.447 is amended by revising paragraphs (a)(5) and (a)(6) 
to read as follows:

[[Page 73907]]

Sec.  98.447  Records that must be retained.

    (a) * * *
    (5) Annual records of information used to calculate the 
CO2 emitted from equipment leaks and vented emissions of 
CO2 from equipment located on the surface between the flow 
meter used to measure injection quantity and the injection wellhead.
    (6) Annual records of information used to calculate the 
CO2 emitted from equipment leaks and vented emissions of 
CO2 from equipment located on the surface between the 
production wellhead and the flow meter used to measure production 
quantity.
* * * * *

0
29. Section 98.448 is amended by revising paragraphs (a)(5) and (e) to 
read as follows:


Sec.  98.448  Geologic sequestration monitoring, reporting, and 
verification (MRV) plan.

    (a) * * *
    (5) A summary of the considerations you intend to use to calculate 
site-specific variables for the mass balance equation. This includes, 
but is not limited to, considerations for calculating CO2 
emissions from equipment leaks and vented emissions of CO2 
between the injection flow meter and injection well and/or the 
production flow meter and production well, and considerations for 
calculating CO2 in produced fluids.
* * * * *
    (e) Revised MRV plan. The requirements of paragraph (c) of this 
section apply to any submission of a revised MRV plan. You must 
continue reporting under your currently approved plan while awaiting 
approval of a revised MRV plan.
* * * * *

0
30. Section 98.449 is amended by revising the definition of 
``CO2 received'' to read as follows:


Sec.  98.449  Definitions.

* * * * *
    CO2 received means the CO2 stream that you receive to be 
injected for the first time into a well on your facility that is 
covered by this subpart. CO2 received includes, but is not 
limited to, a CO2 stream from a production process unit 
inside your facility and a CO2 stream that was injected into 
a well on another facility, removed from a discontinued enhanced oil or 
natural gas or other production well, and transferred to your facility.
* * * * *

Subpart TT--[Amended]

0
31. Section 98.460 is amended by revising paragraphs (c)(1) and 
(c)(2)(i) to read as follows:


Sec.  98.460  Definition of the source category.

* * * * *
    (c) * * *
    (1) Construction and demolition waste landfills.
    (2) * * *
    (i) Coal combustion or incinerator ash (e.g., fly ash).
* * * * *

0
32. Section 98.463 is amended by:
0
a. Revising paragraph (a)(1).
0
b. Revising paragraph (a)(2) introductory text.
0
c. Revising paragraph (a)(2)(ii)(C).


Sec.  98.463  Calculating GHG emissions.

    (a) * * *
    (1) Calculate annual modeled CH4 generation using 
Equation TT-1 of this section.
[GRAPHIC] [TIFF OMITTED] TR29NO11.004

Where:

GCH4 = Modeled methane generation in reporting year T 
(metric tons CH4).
X = Year in which waste was disposed.
S = Start year of calculation. Use the year 1960 or the opening year 
of the landfill, whichever is more recent.
T = Reporting year for which emissions are calculated.
Wx = Quantity of waste disposed in the industrial waste 
landfill in year X from measurement data and/or other company 
records (metric tons, as received (wet weight)).
DOCx = Degradable organic carbon for waste disposed in 
year X from Table TT-1 to this subpart or from measurement data [as 
specified in paragraph (a)(3) of this section], if available 
[fraction (metric tons C/metric ton waste)].
DOCF = Fraction of DOC dissimilated (fraction); use the 
default value of 0.5.
MCF = Methane correction factor (fraction). Use the default value of 
1 unless there is active aeration of waste within the landfill 
during the reporting year. If there is active aeration of waste 
within the landfill during the reporting year, use either the 
default value of 1 or select an alternative value no less than 0.5 
based on site-specific aeration parameters.
Fx = Fraction by volume of CH4 in landfill gas 
(fraction, dry basis, corrected to 0% oxygen). If you have a gas 
collection system, use the annual average CH4 
concentration from measurement data for the current reporting year; 
otherwise, use the default value of 0.5.
k = Decay rate constant from Table TT-1 to this subpart (yr-1). 
Select the most applicable k value for the majority of the past 10 
years (or operating life, whichever is shorter).

    (2) Waste stream quantities. Determine annual waste quantities as 
specified in paragraphs (a)(2)(i) through (ii) of this section for each 
year starting with January 1, 1960 or the year the landfills first 
accepted waste if after January 1, 1960, up until the most recent 
reporting year. The choice of method for determining waste quantities 
will vary according to the availability of historical data. Beginning 
in the first emissions reporting year (2011 or later) and for each year 
thereafter, use the procedures in paragraph (a)(2)(i) of this section 
to determine waste stream quantities. These procedures should also be 
used for any year prior to the first emissions reporting year for which 
the data are available. For other historical years, use paragraph 
(a)(2)(i) of this section, where waste disposal records are available, 
and use the procedures outlined in paragraph (a)(2)(ii) of this section 
when waste disposal records are unavailable, to determine waste stream 
quantities. Historical disposal quantities deposited (i.e., prior to 
the first year in which monitoring begins) should only be determined 
once, as part of the first annual report, and the same values should be 
used for all subsequent annual reports, supplemented by the next year's 
data on new waste disposal.
* * * * *
    (ii) * * *
    (C) For any year in which historic production or processing data 
are not available such that historic waste quantities cannot be 
estimated using Equation TT-3 of this section, calculate an average 
annual bulk waste disposal quantity using either Equation TT-4a of this 
section when data are available consecutively for the most recent 
disposal years or Equation TT-4b of this section when data are 
available for sporadic (non-consecutive) years.

[[Page 73908]]

[GRAPHIC] [TIFF OMITTED] TR29NO11.005

Where:

Wx = Quantity of waste placed in the landfill in year X 
(metric tons, wet basis). This annual bulk waste disposal quantity 
applies for all years from ``YrOpen'' to ``YrData'' inclusive.
LFC = Capacity of the landfill used (or the total quantity of waste-
in-place) at the end of the ``YrData'' from design drawings or 
engineering estimates (metric tons). For closed landfills for which 
waste quantity data are not available, use the landfill's design 
capacity.
YrData = The year prior to the year when waste disposal data are 
first available for all subsequent years from company records or 
from Equation TT-3 of this section. For landfills for which waste 
quantity data are not available, the year in which the landfill last 
received waste.
YrOpen = Year 1960 or the year in which the landfill first received 
waste from company records, whichever is more recent. If no data are 
available for estimating YrOpen for a closed landfill, use 1960 as 
the default ``YrOpen'' for the landfill.
[GRAPHIC] [TIFF OMITTED] TR29NO11.006

Where:

Wx = Quantity of waste placed in the landfill in year X 
(metric tons, wet basis). This annual bulk waste disposal quantity 
applies for all years for which waste quantity data are not 
available from company records or from Equation TT-3 of this 
section.
WIP = Quantity of waste in-place at the start of the reporting year 
from design drawings or engineering estimates (metric tons). For 
closed landfills for which waste in-place quantities are not 
available, use the landfill's design capacity.
Wmeas,n = Annual quantity of waste placed in the landfill 
for the nth measurement year from company records or from Equation 
TT-3 of this section.
YrLast = The last year, prior to the reporting year, that the 
landfill received waste.
YrOpen = Year 1960 or the year in which the landfill first received 
waste from company records, whichever is more recent. If no data are 
available for estimating YrOpen for a closed landfill, use 1960 as 
the default ``YrOpen'' for the landfill.
NYrData = The number of years for which annual waste disposal 
quantities are available from company records or from Equation TT-3 
of this section from YrOpen to YrLast inclusive.

* * * * *

0
33. Section 98.464 is amended by:
0
a. Revising paragraph (b) introductory text.
0
b. Revising paragraph (b)(1).
0
c. Revising paragraph (b)(3).
0
d. Revising paragraph (b)(4).
0
e. Redesignating paragraphs (c), (d), (e), and (f) as paragraphs (d), 
(e), (f), and (h), respectively.
0
f. Adding a new paragraph (c).
0
g. Adding paragraph (g).


Sec.  98.464  Monitoring and QA/QC requirements.

* * * * *
    (b) For each waste stream placed in the landfill during the 
reporting year for which you choose to determine volatile solids 
concentration for the purposes of Sec.  98.460(c)(2)(xii) or choose to 
determine a landfill-specific DOCx for use in Equation TT-1 
of this subpart, you must collect and test a representative sample of 
that waste stream using the methods specified in paragraphs (b)(1) 
through (b)(4) of this section.
    (1) Develop and follow a sampling plan to collect a representative 
sample (in terms of composition and moisture content) of each waste 
stream placed in the landfill for which testing is elected.
* * * * *
    (3) For the purposes of Sec.  98.460(c)(2)(xii), the volatile 
solids concentration (weight percent on a dry basis) is the percent 
volatile solids determined using Standard Method 2540G ``Total, Fixed, 
and Volatile Solids in Solid and Semisolid Samples'' (incorporated by 
reference; see Sec.  98.7).
    (4) Determine DOC value of a waste stream by either using at least 
a 60-day anaerobic biodegradation test as specified in paragraph 
(b)(4)(i) of this section or by estimating the DOC value based on the 
total and volatile solids measurements as specified in paragraph 
(b)(4)(ii) of this section.
    (i) Perform an anaerobic biodegradation test and determine the DOC 
value of a waste stream following the procedures and requirements in 
paragraphs (b)(4)(i)(A) through (E) of this section.
    (A) You may use the procedures published by a consensus-based 
standards organization to conduct a minimum of a 60-day anaerobic 
biodegradation test. Consensus-based standards organizations include, 
but are not limited to, the following: ASTM International (100 Barr 
Harbor Drive, P.O. Box CB700, West Conshohocken, Pennsylvania 19428-
B2959, (800) 262-1373, http://www.astm.org), the American National 
Standards Institute (ANSI, 1819 L Street, NW., 6th floor, Washington, 
DC 20036, (202) 293-8020, http://www.ansi.org), the American Society of 
Mechanical Engineers (ASME, Three Park Avenue, New York, NY 10016-5990, 
(800) 843-2763, http://www.asme.org), and the North American Energy 
Standards Board (NAESB, 801 Travis Street, Suite 1675, Houston, TX 
77002, (713) 356-0060, http://www.api.org).
    (B) Use a minimum of four samples: Two waste stream samples, a 
control sample using a known substrate (such as ethanol), and a 
digester sludge blank sample. Each waste stream sample must be 
appropriately ground to ensure the waste material is fully exposed to 
the anaerobic digester sludge.
    (C) Determine the net mass of carbon degraded in the control sample 
as the difference in the results of the control sample and the digester 
sludge blank sample. Determine the net mass of carbon degraded in each 
waste stream sample as the difference in the results of each waste 
stream sample and the digester sludge blank sample.
    (D) Determine the fraction of carbon degraded in the control sample 
as the net mass of carbon degraded in the control sample divided by the 
mass of carbon added via the substrate material in the control sample. 
If less than 50 percent of the theoretical mass of carbon in the 
control sample is degraded, the test run is invalid.
    (E) Determine the DOC of each waste sample using Equation TT-7 of 
this section. If the DOC values for the two waste stream samples differ 
by more than 20 percent, the test run is invalid.

[[Page 73909]]

The DOC of the waste stream is determined as the average DOC value of 
the two waste stream samples determined during a valid test.
[GRAPHIC] [TIFF OMITTED] TR29NO11.007

Where:

DOCx = Degradable organic content of the waste stream in 
Year X (weight fraction, wet basis)
DOCF = Fraction of DOC dissimilated (fraction); use the 
default value of 0.5.
MCDsample,x = Mass of carbon degraded in the waste stream 
sample in Year X as determined in paragraph (b)(4)(i)(C) of this 
section [milligrams (mg)].
Msample,x = Mass of waste stream sample used in the 
anaerobic degradation test in Year X (mg, wet basis).
MCDcontrol = Mass of carbon degraded in the control 
sample as determined in paragraph (b)(4)(i)(B) of this section (mg).
MCcontrol = Mass of carbon added to the control sample 
via the substrate material in the anaerobic degradation (mg).

    (ii) Calculate the waste stream-specific DOCx value 
using Equation TT-8 of this section.
[GRAPHIC] [TIFF OMITTED] TR29NO11.008

Where:

DOCx = Degradable organic content of waste stream in Year 
X (weight fraction, wet basis)
FDOC = Fraction of the volatile residue that is 
degradable organic carbon (weight fraction). Use a default value of 
0.6.
% Volatile Solidsx = Percent volatile solids determined 
using Standard Method 2540G Total, ``Fixed, and Volatile Solids in 
Solid and Semisolid Samples'' (incorporated by reference; see Sec.  
98.7) for Year X [milligrams (mg) volatile solids per 100 mg dried 
solids].
% Total Solidsx = Percent total solids determined using 
Standard Method 2540G ``Total, Fixed, and Volatile Solids in Solid 
and Semisolid Samples'' (incorporated by reference; see Sec.  98.7) 
for Year X (mg dried solids per 100 mg wet waste).

    (c) For each waste stream for which you choose to determine 
volatile solids concentration for the purposes of paragraph Sec.  
98.460(c)(2)(xii), and that was historically managed in the landfill 
but was not received during the first reporting year, you must 
determine volatile solids concentration of the waste stream as 
initially placed in the landfill using the methods specified in 
paragraph (c)(1) or (c)(2) of this section, as applicable.
    (1) If you can identify a similar waste stream to the waste stream 
that was historically managed in the landfill, you must determine the 
volatile solids concentration of the similar waste stream using the 
procedures in paragraphs (b)(1) through (b)(3) of this section.
    (2) If you cannot identify a similar waste stream to the waste 
stream that was historically managed in the landfill, you may determine 
the volatile solids concentration of the historically managed waste 
stream using process knowledge. You must document the basis for 
volatile solids concentration as determined through process knowledge.
* * * * *
    (g) For landfills electing to measure the fraction by volume of 
CH4 in landfill gas (F), follow the requirements in 
paragraphs (g)(1) and (g)(2) of this section.
    (1) Use a gas composition monitor capable of measuring the 
concentration of CH4 on a dry basis that is properly 
operated, calibrated, and maintained according to the requirements 
specified at Sec.  98.344(b). You must either use a gas composition 
monitor that is also capable of measuring the O2 
concentration correcting for excess (infiltration) air or you must 
operate, maintain, and calibrate a second monitor capable of measuring 
the O2 concentration on a dry basis according to the 
manufacturer's specifications.
    (2) Use Equation TT-9 of this section to correct the measured 
CH4 concentration to 0% oxygen. If multiple CH4 
concentration measurements are made during the reporting year, 
determine F separately for each measurement made during the reporting 
year, and use the results to determine the arithmetic average value of 
F for use in Equation TT-1 of this part.
[GRAPHIC] [TIFF OMITTED] TR29NO11.009

Where:

F = Fraction by volume of CH4 in landfill gas (fraction, 
dry basis, corrected to 0% oxygen).
CCH4 = Measured CH4 concentration in landfill 
gas (volume %, dry basis).
20.9c = Defined O2 correction basis, (volume 
%, dry basis).
20.9 = O2 concentration in air (volume %, dry basis).
%O2 = Measured O2 concentration in landfill 
gas (volume %, dry basis).
* * * * *

0
34. Section 98.466 is amended by:
0
a. Revising paragraph (b) introductory text.
0
b. Revising paragraph (b)(2).
0
c. Adding paragraphs (b)(3) and (b)(4).
0
d. Revising paragraph (c)(3)(ii).
0
e. Revising paragraph (d).
0
f. Revising paragraph (f).
0
g. Revising paragraph (g)(1).


Sec.  98.466  Data reporting requirements.

* * * * *
    (b) Report the following waste characterization and modeling 
information:
* * * * *
    (2) A description of each waste stream (including the types of 
materials in each waste stream) for which Equation TT-1 of this subpart 
is used to calculate modeled CH4 generation.
    (3) The fraction of CH4 in the landfill gas, F, (volume 
fraction, dry basis, corrected to 0% oxygen) for the

[[Page 73910]]

reporting year and an indication as to whether this was the default 
value or a value determined through measurement data.
    (4) The methane correction factor (MCF) value used in the 
calculations. If an MCF value other than the default of 1 is used, 
provide a description of the aeration system, including aeration blower 
capacity, the fraction of the landfill containing waste affected by the 
aeration, the total number of hours during the year the aeration blower 
was operated, and other factors used as a basis for the selected MCF 
value.
    (c) * * *
    (3) * * *
    (ii) The year, the waste disposal quantity and production quantity 
for each year used in Equation TT-2 of this subpart to calculate the 
average waste disposal factor (WDF).
* * * * *
    (d) For each year of landfilling starting with the ``Start Year'' 
(S) and each year thereafter up to the current reporting year, report 
the following information:
    (1) The calendar year for which the following data elements apply.
    (2) The quantity of waste (Wx) disposed of in the 
landfill (metric tons, wet weight) for the specified year for each 
waste stream identified in paragraph (b) of this section.
    (3) The degradable organic carbon (DOCx) value (mass 
fraction) for the specified year and an indication as to whether this 
was the default value from Table TT-1 to this subpart, a measured value 
using a 60-day anaerobic biodegradation test as specified in Sec.  
98.464(b)(4)(i), or a value based on total and volatile solids 
measurements as specified in Sec.  98.464(b)(4)(ii). If DOCx 
was determined by a 60-day anaerobic biodegradation test, specify the 
test method used.
* * * * *
    (f) The modeled annual methane generation (GCH4) for the 
reporting year (metric tons CH4) calculated using Equation 
TT-1 of this subpart.
    (g) * * *
    (1) The annual methane emissions (i.e., the methane generation 
(MG), adjusted for oxidation, calculated using Equation TT-6 of this 
subpart), reported in metric tons CH4.
* * * * *

0
35. Section 98.467 is revised to read as follows:


Sec.  98.467  Records that must be retained.

    In addition to the information required by Sec.  98.3(g), you must 
retain the calibration records for all monitoring equipment, including 
the method or manufacturer's specification used for calibration, and 
all measurement data used for the purposes of paragraph Sec.  
98.460(c)(2)(xii) or used to determine landfill-specific 
DOCx values.

0
36. Section 98.468 is amended by adding, in alphabetical order, the 
definitions for ``Construction and demolition (C&D) waste landfill'' 
and ``Design capacity'' to read as follows:


Sec.  98.468  Definitions.

* * * * *
    Construction and demolition (C&D) waste landfill means a solid 
waste disposal facility subject to the requirements of subparts A or B 
of part 257 of this chapter that receives construction and demolition 
waste and does not receive hazardous waste (defined in Sec.  261.3 of 
this chapter) or industrial solid waste (defined in Sec.  258.2 of this 
chapter) or municipal solid waste (defined in Sec.  98.6 of this part) 
other than residential lead-based paint waste. A C&D waste landfill 
typically receives any one or more of the following types of solid 
wastes: roadwork material, excavated material, demolition waste, 
construction/renovation waste, and site clearance waste.
    Design capacity means the maximum amount of solid waste a landfill 
can accept. For the purposes of this subpart, for landfills that have a 
permit, the design capacity can be determined in terms of volume or 
mass in the most recent permit issued by the state, local, or Tribal 
agency responsible for regulating the landfill, plus any in-place waste 
not accounted for in the most recent permit. If the owner or operator 
chooses to convert the design capacity from volume to mass to determine 
its design capacity, the calculation must include a site-specific 
density. If the design capacity is within 10 percent of the 
applicability threshold in Sec.  98.460(a) and there is a change in the 
production process that can reasonably be expected to change the site-
specific waste density, the site-specific waste density must be 
redetermined and the design capacity must be recalculated based on the 
new waste density.
* * * * *

0
37. Table TT-1 to subpart TT is amended by revising the entries for 
``Construction and Demolition'' and ``Inert Waste [i.e., wastes listed 
in Sec.  98.460(b)(3)]'' and footnote a to read as follows:

           Table TT-1 to Subpart TT--Default DOC and Decay Rate Values for Industrial Waste Landfills
----------------------------------------------------------------------------------------------------------------
                                                    DOC (weight       k  [dry      k  [moderate
               Industry/waste type                 fraction, wet   climate \a\]    climate \a\]   k [wet climate
                                                      basis)         (yr-\1\)        (yr-\1\)      \a\] (yr-\1\)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Construction and Demolition.....................            0.08            0.02            0.03            0.04
Inert Waste [i.e., wastes listed in Sec.                    0               0               0               0
 98.460(c)(2)]..................................
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ The applicable climate classification is determined based on the annual rainfall plus the recirculated
  leachate application rate. Recirculated leachate application rate (in inches/year) is the total volume of
  leachate recirculated from company records or engineering estimates and applied to the landfill divided by the
  area of the portion of the landfill containing waste [with appropriate unit conversions].
(1) Dry climate = precipitation plus recirculated leachate less than 20 inches/year
(2) Moderate climate = precipitation plus recirculated leachate from 20 to 40 inches/year (inclusive)
(3) Wet climate = precipitation plus recirculated leachate greater than 40 inches/year
Alternatively, landfills that use leachate recirculation can elect to use the k value for wet climate rather
  than calculating the recirculated leachate rate.

[FR Doc. 2011-29742 Filed 11-28-11; 8:45 am]
BILLING CODE 6560-50-P