[Federal Register Volume 77, Number 156 (Monday, August 13, 2012)]
[Rules and Regulations]
[Pages 48072-48089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19559]



[[Page 48072]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0028; FRL-9706-6]
RIN 2060-AQ70


Final Confidentiality Determinations for Regulations Under the 
Mandatory Reporting of Greenhouse Gases Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action finalizes confidentiality determinations for 
certain data elements in regulations under the Mandatory Greenhouse Gas 
Reporting Rule. In addition, the EPA is finalizing amendments to defer 
the reporting deadline of certain data elements until 2013 and to defer 
the reporting deadline of certain data elements until 2015. Lastly, the 
EPA is finalizing amendments regarding the calculation and reporting of 
emissions from facilities that use best available monitoring methods. 
This action does not include final confidentiality determinations for 
data elements in the ``Inputs to Emission Equations'' data category.

DATES: This rule will be effective on September 12, 2012, except for 
the amendments to Tables A-6 and A-7 of 40 CFR part 98 subpart A and 
the amendments to 40 CFR part 98 subpart I (Sec.  98.94(a)(2)(iii), 
(a)(3)(iii), and (a)(4)(iii)), which are effective on August 13, 2012.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2011-0028. All documents in the docket are 
listed in the http://www.regulations.gov index. Although listed in the 
index, some information may not be 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 is publicly 
available in hard copy only. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the EPA's Docket Center, EPA/DC, EPA West Building, 
Room 3334, 1301 Constitution Ave. NW., Washington, DC. This Docket 
Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Public Reading 
Room is (202) 566-1744, and the telephone number for the Air Docket is 
(202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division, 
Office of Atmospheric Programs (MC-6207J), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone 
number: (202) 343-9263; fax number: (202) 343-2342; email address: 
[email protected]. For technical information and implementation 
materials, please go to the Web site http://www.epa.gov/climatechange/emissions/CBI.html. To submit a question, select ``Rule Help Center,'' 
followed by ``Contact Us.''

SUPPLEMENTARY INFORMATION: Worldwide Web (WWW). In addition to being 
available in Docket ID No. EPA-HQ-OAR-2011-0028, following the 
Administrator's signature, an electronic copy of this final rule will 
be available through the WWW on the EPA's Greenhouse Gas Reporting 
Program Web site at http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.
    What is the effective date? The final rule is effective on 
September 12, 2012, except for the amendments to Tables A-6 and A-7 of 
40 CFR part 98 subpart A and the amendments to 40 CFR part 98 subpart I 
(section 98.94(a)(2)(iii), (a)(3)(iii), and (a)(4)(iii)), which are 
effective on August 13, 2012. Section 553(d) of the Administrative 
Procedure Act (APA), 5 U.S.C. chapter 5, generally provides that rules 
may not take effect earlier than 30 days after they are published in 
the Federal Register. EPA is issuing this final rule under section 
307(d)(1) of the Clean Air Act, which states: ``The provisions of 
section 553 through 557 of Title 5 shall not, except as expressly 
provided in this section, apply to actions to which this subsection 
applies.'' Thus, section 553(d) of the APA does not apply to this rule. 
EPA is nevertheless acting consistently with the purposes underlying 
APA section 553(d) in making the amendments to subparts A and I 
effective on August 13, 2012. The amendments to subpart A defer the 
reporting deadline for several inputs to emission equations and the 
amendments to subpart I remove the requirement for some facilities to 
recalculate and report data under that subpart. An effective date less 
than 30 days after the date of publication in such circumstances is 
consistent with the purposes of APA section 553(d), which provides an 
exception for any action that grants or recognizes an exemption or 
relieves a restriction.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review of this final rule is available only by filing a petition for 
review in the U.S. Court of Appeals for the District of Columbia 
Circuit (the Court) by October 12, 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 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.

BAMM Best Available Monitoring Methods
CAA Clean Air Act
CO2 Carbon Dioxide
CBI Confidential Business Information
CBP U.S. Customs and Border Protection
CFR Code of Federal Regulations
EIA Energy Information Administration
ER Enhanced Recovery
EPA U.S. Environmental Protection Agency
F-GHG Fluorinated Greenhouse Gas
GHG Greenhouse Gas
ICR Information Collection Request
NTTAA National Technology Transfer and Advancement Act of 1995
OMB Office of Management & Budget
R&D Research and Development
RFA Regulatory Flexibility Act
UMRA Unfunded Mandates Reform Act of 1995
U.S. United States
WWW Worldwide Web

    Organization of This Document. The following outline is provided to 
aid in locating information in this preamble.

I. General Information

[[Page 48073]]

    A. What is the purpose and background of this action?
    B. Does this action apply to me?
    C. Legal Authority
    D. Approach to Making Confidentiality Determinations
II. Confidentiality Determinations for Subparts I, W, DD, QQ, RR, 
SS, and UU and Responses to Public Comments
    A. Final Confidentiality Determinations
    B. Direct Emitter Data Categories
    C. GHG Supplier Data Categories
III. Confidentiality Determinations for New Data Elements in 
Subparts II and TT and Responses to Public Comments
IV. Amendments to Table A-6 and A-7 To Defer Reporting of Certain 
Inputs to Emission Equations in Subparts W, FF and TT
V. Background and Amendments to the Best Available Monitoring Method 
for Subpart I
    A. Background
    B. Amendments to the Best Available Monitoring Method Provisions 
for Subpart I
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. General Information

A. What is the purpose and background of this action?

    The first purpose of this action is to finalize confidentiality 
determinations for the data elements (except those in the ``Inputs to 
Emission Equations'' data category and certain additional subpart I 
data elements) in seven subparts of 40 CFR part 98 of the Mandatory 
Greenhouse Gases Reporting Rule (hereafter referred to as ``Part 98''):

 Subpart I--Electronics Manufacturing
 Subpart W--Petroleum and Natural Gas Systems
 Subpart DD--Use of Electric Transmission and Distribution 
Equipment
 Subpart QQ--Imports and Exports of Equipment Pre-Charged with 
Fluorinated GHGs or Containing Fluorinated GHGs in Closed-Cell Foams
 Subpart RR--Geologic Sequestration of Carbon Dioxide
 Subpart SS--Manufacture of Electric Transmission and 
Distribution Equipment
 Subpart UU--Injection of Carbon Dioxide

    The second purpose of this action is to finalize confidentiality 
determinations for new data elements (that are not inputs to emission 
equations) added to subparts II and TT in the Technical Corrections 
final rule \1\ after the EPA issued final confidentiality 
determinations for non-inputs to equations data elements in these two 
subparts.\2\
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    \1\ 76 FR 73886, November 29, 2011.
    \2\ Final confidentiality determinations for subparts II and TT 
were made in the 2011 Final CBI Rule (76 FR 30782, May 26, 2011).
---------------------------------------------------------------------------

    The third purpose of this action is to finalize amendments to 
subpart A of Part 98 to defer until 2013 or 2015 the reporting deadline 
for inputs to emission equations data elements recently added by the 
Technical Corrections final rule. These data elements are in subparts 
W, FF, and TT.
    The fourth purpose of this action is to finalize amendments to 
subpart I regarding the calculation and reporting of emissions from 
facilities that use best available monitoring methods (BAMM). These 
amendments remove the obligation to recalculate and resubmit emission 
estimates for the period during which the facility used best available 
monitoring methods.
    As noted above, we are making final confidentiality determinations 
for the data elements reported under the finalized subparts of Part 98 
identified in Table 1 of this preamble. We are not making final 
confidentiality determinations for data elements in this action not 
identified in Table 1. We are also finalizing amendments to Tables A-6 
and A-7 of subpart A for the subparts shown in Table 1 of this 
preamble.

     Table 1--Subparts and Data Elements Covered in this Final Rule
------------------------------------------------------------------------
                          Confidentiality       Amendments to Table A-6
      Subpart             determinations                 or A-7
------------------------------------------------------------------------
I..................  Some data elements        none.
                      (excludes recipe-
                      specific data elements,
                      a manufacturing
                      capacity data element,
                      and inputs to emission
                      equations).\a\
W..................  All data elements except  Table A-7.
                      inputs to emission
                      equations.
DD.................  All data elements except  none.
                      inputs to emission
                      equations.
FF.................  None but finalizes two    none.\b\
                      data elements recently
                      added to 40 CFR
                      98.326(o) \c\ as inputs
                      to emission equations.
II.................  Some data elements (only  none.
                      includes data elements
                      added by 76 FR 73886).
QQ.................  All data elements except  none.
                      inputs to emission
                      equations.
RR.................  All data elements except  none.
                      inputs to emission
                      equations.
SS.................  All data elements except  none.
                      inputs to emission
                      equations.
TT.................  Some data elements (only  Table A-6.
                      includes data elements
                      added by 76 FR 73886).
UU.................  All data elements except  none.
                      inputs to emission
                      equations.
------------------------------------------------------------------------
\a\ For the reasons provided in Section II of this preamble, certain
  subpart I data elements are not covered in this final rule. For a list
  of subpart I data elements not covered in this rule, see Table 4 in
  the Memorandum, ``Final Data Category Assignments and Confidentiality
  Determinations for the 2012 Final CBI Rule.''
\b\ As explained in the 2012 CBI re-proposal, paragraph Sec.   98.326(o)
  is already included in Table A-6 of subpart A for reporting by March
  31, 2013; therefore, no amendments to Table A-6 of subpart A are
  necessary to include these two new subpart FF data elements in the
  list of deferred data elements.
\c\ 76 FR 73886, November 29, 2011.


[[Page 48074]]

1. Background for CBI Determinations for All Data Elements That Are Not 
in the ``Inputs to Emissions Equations'' Data Category
    This action finalizes confidentiality determinations for data 
elements specified in Table 1 of this preamble. For information on the 
history of CBI determinations for the data elements at issue, see the 
following notices (available at http://www.epa.gov/climatechange/emissions/CBI.html):
     75 FR 39094, July 7, 2010; hereafter referred to as the 
``July 7, 2010 CBI proposal.'' Proposed confidentiality determinations 
for Part 98 data elements, including subparts I, W, DD, II, QQ, RR, SS, 
and TT.
     76 FR 30782, May 26, 2011; hereafter referred to as the 
``2011 Final CBI Rule.'' Finalized confidentiality determinations for 
data categories, assigned data elements to data categories and 
published the final CBI determinations for the data elements in 34 Part 
98 subparts, except for those assigned to the ``Inputs to Emission 
Equations'' data category. This included confidentiality determinations 
for subparts II and TT and excluded confidentiality determinations for 
subparts I, W, DD, QQ, RR, SS, and UU.\3\
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    \3\ The EPA initially proposed subparts RR and UU as a single 
subpart (subpart RR); however, as a result of public comments on 
subpart RR, the EPA moved all definitions, requirements, and 
procedures for facilities conducting only CO2 injection 
(without geologic sequestration) into a new subpart (subpart UU). 
Subpart RR retained all definitions, requirements, and procedures 
related to facilities conducting geologic sequestration.
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     77 FR 1434, January 10, 2012; hereafter referred to as 
``2012 CBI re-proposal.'' The EPA re-proposed for public comment the 
confidentiality determinations for the data elements in subparts L,\4\ 
DD, QQ, RR, SS, and UU, as well as new data elements (added by the 
Technical Corrections final rule) in subparts II and TT to reflect the 
reporting data elements in the final subparts and all subsequent 
amendments to these subparts up to the date of the 2012 CBI re-
proposal.
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    \4\ For subpart L, the EPA received comments raising concerns 
that the release of certain data elements that the EPA proposed to 
classify as emissions data, and that therefore would not be eligible 
for treatment as CBI, would reveal trade secrets and may violate 
export control laws. The EPA is not finalizing confidentiality 
determinations for subpart L data elements in this action. The 
confidentiality determinations for subpart L will be addressed 
separately. Please see Docket ID No. EPA-HQ-OAR-2011-0147 for more 
information.
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     77 FR 10434, February 22, 2012; hereafter referred to as 
``Subpart I CBI re-proposal.'' The EPA re-proposed for public comment 
the confidentiality determinations for many data elements in subpart I 
to reflect the reporting data elements in the 2010 final subpart I and 
all subsequent amendments to subpart I up to the date of the Subpart I 
CBI re-proposal.
     77 FR 11039, February 24, 2012; hereafter referred to as 
``Subpart W CBI re-proposal.'' The EPA re-proposed for public comment 
the confidentiality determinations for the data elements in subpart W 
to reflect the data elements in the 2010 final subpart W and all 
subsequent amendments to subpart W up to the date of the Subpart W CBI 
re-proposal.
2. Background on Data Elements in the ``Inputs to Emissions Equations'' 
Data Category
    This rule finalizes amendments to Tables A-6 and A-7 of subpart A 
to defer the deadline for reporting certain recently added data 
elements in subparts W, FF, and TT that we are assigning to the 
``Inputs to Emission Equations'' data category. This action does not 
include final confidentiality determinations for data elements that are 
in the ``Inputs to Emission Equations'' data category. For information 
on the history of the deferral of the reporting deadline for inputs, 
see the following notices (available at http://www.epa.gov/climatechange/emissions/CBI.html):
     75 FR 81366, December 27, 2010; hereafter referred to as 
the ``call for information.'' Requested comment on whether each data 
element used as an input to an emission equation for direct emitters 
was likely to cause substantial competitive harm if made publicly 
available.
     76 FR 53057, August 25, 2011; hereafter referred to as the 
``Final Deferral Notice.'' The EPA deferred the deadline for direct 
emitter reporters to report inputs to emission equations data elements. 
The EPA deferred the deadline for reporting some of these data elements 
to March 31, 2013, and others to March 31, 2015. Subpart FF and TT 
inputs were deferred to March 31, 2013, and are identified in Table A-6 
of subpart A, and subpart W inputs were deferred to March 31, 2015, and 
are identified in Table A-7 of subpart A.

B. Does this action apply to me?

    This final rule affects entities required to submit annual 
greenhouse gas (GHG) reports under certain subparts of Part 98. 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 CAA section 307(d) apply to ``such other actions as 
the Administrator may determine''). Part 98 and this action affect 
owners and operators of electronics manufacturing facilities, petroleum 
and natural gas systems, electric power systems, electrical equipment 
manufacturing facilities, carbon dioxide (CO2) enhanced oil 
and gas recovery projects, acid gas injection projects, geologic 
sequestration projects, importers and exporters of pre-charged 
equipment and closed-cell foams, industrial wastewater treatment 
facilities, underground coal mines, and industrial waste landfills. 
Affected categories and entities include those listed in Table 2 of 
this preamble.

           Table 2--Examples of Affected Entities by Category
------------------------------------------------------------------------
                                                           Examples of
           Category                      NAICS               affected
                                                            facilities
------------------------------------------------------------------------
Electronics Manufacturing....  334111..................  Microcomputers
                                                          manufacturing
                                                          facilities.
                               334413..................  Semiconductor,
                                                          photovoltaic
                                                          (solid-state)
                                                          device
                                                          manufacturing
                                                          facilities.
                               334419..................  Liquid crystal
                                                          display unit
                                                          screens
                                                          manufacturing
                                                          facilities.
                               334419..................  Micro-electro-
                                                          mechanical
                                                          systems
                                                          manufacturing
                                                          facilities.
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.
Electrical Equipment Use.....  221121..................  Electric bulk
                                                          power
                                                          transmission
                                                          and control
                                                          facilities.
Electrical Equipment           33531...................  Power
 Manufacture or Refurbishment.                            transmission
                                                          and
                                                          distribution
                                                          switchgear and
                                                          specialty
                                                          transformers
                                                          manufacturing
                                                          facilities.

[[Page 48075]]

 
Importers and Exporters of     423730..................  Air-
 Pre-charged Equipment and     333415..................   conditioning
 Closed-Cell Foams.                                       equipment
                                                          (except room
                                                          units)
                                                          merchant
                                                          wholesalers.
                                                         Air-
                                                          conditioning
                                                          equipment
                                                          (except motor
                                                          vehicle)
                                                          manufacturing.
                               336391..................  Motor vehicle
                                                          air-
                                                          conditioning
                                                          manufacturing.
                               423620..................  Air-
                                                          conditioners,
                                                          room, merchant
                                                          wholesalers.
                               443111..................  Household
                                                          appliance
                                                          stores.
                               423730..................  Automotive air-
                                                          conditioners
                                                          merchant
                                                          wholesalers.
                               326150..................  Polyurethane
                                                          foam products
                                                          manufacturing.
                               335313..................  Circuit
                                                          breakers,
                                                          power,
                                                          manufacturing.
                               423610..................  Circuit
                                                          breakers
                                                          merchant
                                                          wholesalers.
CO2 Enhanced Oil and Gas       211.....................  Oil and gas
 Recovery Projects.                                       extraction
                                                          projects using
                                                          CO2 enhanced
                                                          recovery.
Acid Gas Injection Projects..  211111 or 211112........  Projects that
                                                          inject acid
                                                          gas containing
                                                          CO2
                                                          underground.
Geologic Sequestration         N/A.....................  CO2 geologic
 Projects.                                                sequestration
                                                          projects.
Underground Coal Mines.......  212113..................  Underground
                               212112..................   anthracite
                                                          coal mining
                                                          operations.
                                                         Underground
                                                          bituminous
                                                          coal mining
                                                          operations.
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.
                               311421..................  Fruit and
                                                          vegetable
                                                          canning
                                                          facilities.
                               325193..................  Ethanol
                                                          manufacturing
                                                          facilities.
                               324110..................  Petroleum
                                                          refineries.
Industrial Waste Landfills...  562212..................  Solid waste
                               322110..................   landfills.
                                                         Pulp mills.
                               322121..................  Paper mills.
                               322122..................  Newsprint
                                                          mills.
                               322130..................  Paperboard
                                                          mills.
                               311611..................  Meat processing
                                                          facilities.
                               311411..................  Frozen fruit,
                                                          juice, and
                                                          vegetable
                                                          manufacturing
                                                          facilities.
                               311421..................  Fruit and
                                                          vegetable
                                                          canning
                                                          facilities.
                               221320..................  Sewage
                                                          treatment
                                                          facilities.
------------------------------------------------------------------------

    Table 2 of this preamble lists the types of entities that 
potentially could be affected by the confidentiality determinations and 
amendments under the subparts covered by this action. However, this 
list is not intended to be exhaustive, but rather provides a guide for 
readers regarding facilities and suppliers likely to be affected by 
this action. Other types of facilities and suppliers not listed in the 
table could also be subject to this action. To determine whether you 
are affected by this action, you should carefully examine the 
applicability criteria found in 40 CFR part 98, subpart A as well as 40 
CFR part 98 subparts I, W, DD, FF, II, QQ, RR, SS, TT, and UU. If you 
have questions regarding the applicability of this action to a 
particular facility, consult the person listed in the FOR FURTHER 
INFORMATION CONTACT section of this preamble.

C. Legal Authority

    The EPA is finalizing certain amendments to Part 98 under its 
existing CAA authority, specifically authorities provided in CAA 
section 114. As stated in the preamble to the 2009 Mandatory Reporting 
of Greenhouse Gases final rule (74 FR 56260, October 30, 2009) and the 
Response to Comments on the Proposed Rule, Volume 9, Legal Issues, CAA 
section 114 provides the EPA broad authority to obtain the information 
in Part 98 because such data inform and are relevant to the EPA's 
carrying out a wide variety of CAA provisions. As discussed in the 
preamble to the initial Part 98 proposal (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.
    In addition, the EPA is finalizing confidentiality determinations 
for certain Part 98 data under its authorities provided in sections 
114, 301 and 307 of the CAA. As mentioned above, CAA section 114 
provides the EPA authority to obtain the information in Part 98. 
Section 114(c) of the CAA requires that the EPA make publicly available 
information obtained under CAA section 114 except for information 
(excluding emission data) that qualifies for confidential treatment. 
The Administrator has determined that this action (Part 98 amendment 
and confidentiality determinations) is subject to the provisions of CAA 
section 307(d).

D. Approach to Making Confidentiality Determinations

    As explained in the 2012 CBI re-proposal, we are applying the same 
approach to making confidentiality determinations as was used in the 
2011 Final CBI Rule. Specifically, we have assigned each data element 
specified in Table 1 of this preamble to one of 21 data categories \5\ 
based on the type and characteristics of the data element. The

[[Page 48076]]

data categories are listed in Tables 3 and 4 of this preamble. For a 
description of each data category and the type and characteristics of 
data elements assigned to each, please see Sections II.C and II.D of 
the July 7, 2010 CBI proposal.
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    \5\ As previously mentioned, this final rule does not address 
the confidentiality of data elements in the ``Inputs to Emission 
Equations'' data category. For data elements in subparts W, FF, and 
TT that we are assigning to the ``Inputs to Emission Equations'' 
data category in this action, please see Table 3 of the Memorandum 
titled ``Final Data Category Assignments and Confidentiality 
Determinations for the 2012 Final CBI Rule.''
---------------------------------------------------------------------------

    In the 2011 Final CBI Rule, the EPA made categorical 
confidentiality determinations (i.e., one determination that applies to 
all data elements in that category) for 16 data categories (eight 
direct emitter data categories and eight supplier data categories). The 
categorical determinations for each of these 16 data category are 
specified in Tables 3 and 4 of this preamble. In this action, we have 
similarly assigned each of the data elements at issue (see Table 1 of 
this preamble) to one of the data categories created in the 2011 Final 
CBI rule. We have applied the categorical determinations made for 16 of 
the data categories to the data elements that assigned to those data 
categories.
    In the 2011 Final CBI rule, the EPA determined that the data 
elements assigned to the remaining five data categories (two direct 
emitter data categories (see Table 3 of this preamble) and three 
supplier data categories (see Table 4 of this preamble) are not 
``emission data'' (as defined at 40 CFR 2.301(a)(2)(i)). However, 
instead of categorical determinations, we made final CBI determinations 
for individual data elements assigned to those five data categories. In 
making these individual CBI determinations, we considered the 
confidentiality determination criteria at 40 CFR 2.208, in particular 
whether release of the data is likely to cause substantial harm to the 
business' competitive position. See 40 CFR 2.208(e)(1). Consistent with 
that approach, in this action we determined that data elements 
identified in Table 1 of this preamble that are assigned to these five 
data categories are not emission data and made final confidentiality 
determinations for these data elements in accordance with 40 CFR 2.208.

   Table 3--Summary of Final Confidentiality Determinations for Direct
                         Emitter Data Categories
------------------------------------------------------------------------
                                 Confidentiality determination for data
                                        elements in each category
                               -----------------------------------------
                                                Data that     Data that
         Data category                           are not       are not
                                  Emission      emission      emission
                                  data \a\    data and not  data but are
                                                   CBI         CBI \b\
------------------------------------------------------------------------
Facility and Unit Identifier              X   ............  ............
 Information..................
Emissions.....................            X   ............  ............
Calculation Methodology and               X   ............  ............
 Methodological Tier..........
Data Elements Reported for                X   ............  ............
 Periods of Missing Data that
 are Not Inputs to Emission
 Equations....................
Unit/Process ``Static''         ............        X \c\         X \c\
 Characteristics that are Not
 Inputs to Emission Equations.
Unit/Process Operating          ............        X \c\         X \c\
 Characteristics that are Not
 Inputs to Emission Equations.
Test and Calibration Methods..  ............            X   ............
Production/Throughput Data      ............  ............            X
 that are Not Inputs to
 Emission Equations...........
Raw Materials Consumed that     ............  ............            X
 are Not Inputs to Emission
 Equations....................
Process-Specific and Vendor     ............  ............            X
 Data Submitted in BAMM
 Extension Requests...........
------------------------------------------------------------------------
\a\ Under CAA section 114(c), ``emission data'' are not entitled to
  confidential treatment. The term ``emission data'' is defined at 40
  CFR 2.301(a)(2)(i).
\b\ Section 114(c) of the CAA affords confidential treatment to data
  (except emission data) that are considered CBI.
\c\ In the 2011 Final CBI Rule, this data category contains both data
  elements determined to be CBI and those determined not to be CBI.


  Table 4--Summary of Final Confidentiality Determinations for Supplier
                             Data Categories
------------------------------------------------------------------------
                                 Confidentiality determinations for data
                                        elements in each category
                               -----------------------------------------
                                                Data that     Data that
         Data category                           are not       are not
                                  Emission      emission      emission
                                  Data \a\    data and not  data but are
                                                   CBI         CBI \b\
------------------------------------------------------------------------
GHGs Reported.................  ............        X \c\         X \c\
Production/Throughput           ............        X \c\         X \c\
 Quantities and Composition...
Identification Information....  ............            X   ............
Unit/Process Operating          ............        X \c\         X \c\
 Characteristics..............
Calculation, Test, and          ............            X   ............
 Calibration Methods..........
Data Elements Reported for      ............            X   ............
 Periods of Missing Data that
 are Not Related to Production/
 Throughput or Materials
 Received.....................
Emission Factors..............  ............  ............            X
Amount and Composition of       ............  ............            X
 materials received...........
Data Elements Reported for      ............  ............            X
 Periods of Missing Data That
 are Related to Production/
 Throughput or Materials
 Received.....................
Supplier Customer and Vendor    ............  ............            X
 Information..................
Process-Specific and Vendor     ............  ............            X
 Data Submitted in BAMM
 Extension Requests...........
------------------------------------------------------------------------
\a\ Under CAA section 114(c), ``emission data'' are not entitled to
  confidential treatment. The term ``emission data'' is defined at 40
  CFR 2.301(a)(2)(i).
\b\ Section 114(c) of the CAA affords confidential treatment to data
  (except emission data) that are considered CBI.
\c\ In the 2011 Final CBI Rule, this data category contains both data
  elements determined to be CBI and those determined not to be CBI.


[[Page 48077]]

II. Confidentiality Determinations for Subparts I, W, DD, QQ, RR, SS, 
and UU and Responses to Public Comments

A. Final Confidentiality Determinations

    In this action, the EPA is finalizing the confidentiality 
determinations for Part 98 data elements specified in Table 1 of this 
preamble using the approach outlined in Section I.D of this preamble.
    The data category assignments and final confidentiality 
determinations for the Part 98 data elements specified in Table 1 of 
this preamble are provided in the memorandum ``Final Data Category 
Assignments and Confidentiality Determinations for the 2012 Final CBI 
Rule'' (see Docket EPA-HQ-OAR-2011-0028 and the Web site, http://www.epa.gov/climatechange/emissions/CBI.html).
    In Section II.B of this preamble, the EPA describes final 
confidentiality determinations and summarizes comments and responses 
for direct emitter data elements in subparts I, W, DD, RR, and SS, 
which we proposed in 2012 in three actions (see Section I.A.1 of this 
preamble). In Section II.C of this preamble, the EPA describes final 
confidentiality determinations and summarizes comments and responses 
for all supplier data elements in subparts QQ, RR, and UU, which we 
proposed in the 2012 CBI re-proposal.

B. Direct Emitter Data Categories

    For direct emitter subparts I, W, DD, RR,\6\ and SS, the EPA is 
finalizing the assignment of each data element to one of 10 direct 
emitter data categories shown in Table 3 of this preamble and the 
confidentiality determinations for these data elements. Sections II.B.1 
though II.B.3 of this preamble discuss the data category assignments 
and confidentiality determinations of direct emitter data elements in 
subparts I, W, DD, RR, and SS.
---------------------------------------------------------------------------

    \6\ Subpart RR contains elements of both direct emitter and 
supplier categories and is therefore, listed as both a direct 
emitter and a supplier source category. For the purposes of this 
action, EPA placed each subpart RR data element into the appropriate 
category based on its data type and characteristics, and whether it 
related to direct emissions from the facility or to GHG supply.
---------------------------------------------------------------------------

1. Subpart I--Electronics Manufacturing
    Summary of Changes.
    In the subpart I CBI re-proposal, the EPA proposed confidentiality 
determinations for certain data elements in this direct emitter 
subpart. The EPA received comments raising concerns about finalizing 
the confidentiality determinations for some data elements and 
requesting the EPA delay finalizing confidentiality determinations for 
certain reporting elements until after the EPA has concluded settlement 
discussions regarding alternatives to the recipe-specific method for 
semiconductor manufacturing facilities. The EPA did not intend to take 
action on reporting elements that are currently the subject of these 
settlement discussions. Due to the number and complexity of data 
elements included in the proposal, the EPA inadvertently included a few 
recipe-specific reporting elements that were in data categories for 
which we proposed categorical confidentiality determinations. EPA is 
therefore not finalizing confidentiality determinations for any recipe-
specific data reporting elements in this action. Additionally, the EPA 
does not expect facilities will use the recipe-specific method for the 
2011 reporting year; \7\ however, facilities using the recipe-specific 
method would report recipe-specific data elements. Before the EPA could 
disclose such information, either on its own initiative or upon 
request, we would evaluate the confidentiality status of these data 
elements on a case-by-case basis, in accordance with existing CBI 
regulations in 40 CFR part 2, subpart B. The recipe-specific subpart I 
data elements that were inadvertently included in the proposal and have 
been removed from this final rule are listed in Table 4 in the 
memorandum titled ``Final Data Category Assignments and Confidentiality 
Determinations for the 2012 Final CBI Rule.''
---------------------------------------------------------------------------

    \7\ The Mandatory Reporting of Greenhouse Gases: Changes to 
Provisions for Electronics Manufacturing To Provide Flexibility 
Final Rule (76 FR 59542, September 27, 2011) allows reporters the 
opportunity to report using default emission factors instead of 
using the recipe-specific utilization and by-product formation 
rates.
---------------------------------------------------------------------------

    Additionally, for the same reason provided above for recipe-
specific data elements, we have decided to make no confidentiality 
determination for one additional data element (the annual manufacturing 
capacity of a facility as determined in Equation I-5 (listed at 40 CFR 
98.96(a))) because it is also the subject of a petition for 
reconsideration of the December 1, 2010 \8\ subpart I rule.
---------------------------------------------------------------------------

    \8\ 75 FR 74774, December 1, 2010.
---------------------------------------------------------------------------

    Finally, we are not addressing confidentiality determinations for 
data elements in the ``Inputs to Emission Equations'' data category in 
this final rule. For the remaining subpart I data elements, we are 
finalizing the confidentiality determinations as proposed. The final 
confidentiality determinations for these subpart I data elements can be 
found in the memorandum, ``Final Data Category Assignments and 
Confidentiality Determinations for the 2012 Final CBI Rule.''
    Summary of Comments.
    This section contains summaries of the significant public comments 
and our responses thereto. Additional public comments were also 
received. Response to these comments can be found in ``Confidentiality 
Determinations in the 2012 CBI re-proposals: Responses to Public 
Comments'' in Docket EPA-HQ-OAR-2011-0028 and on the Web site, http://www.epa.gov/climatechange/emissions/CBI.html.
    Comment: Two commenters raised concerns about the EPA initiating a 
rulemaking to determine the confidentiality status of subpart I data 
elements at the same time the EPA is also considering petitions from 
the Semiconductor Industry Association for review and reconsideration 
of the December 1, 2010 subpart I rule.\9\ The commenters stated that 
the initiation of a rule to address confidentiality determinations that 
is disconnected from these proceedings may exacerbate instead of 
resolve the objections and raises unspecified legal and policy issues.
---------------------------------------------------------------------------

    \9\ 75 FR 74774, December 1, 2010.
---------------------------------------------------------------------------

    Response: The EPA did not intend to propose confidentiality 
determinations for data elements that relate to portions of subpart I 
covered by petitions for reconsideration and review where active 
settlement negotiations are ongoing. Thus, we are not issuing 
confidentiality determinations for recipe-specific data reporting 
elements or for the annual manufacturing capacity in this final rule. 
These data elements relate to portions of subpart I addressed in the 
petition entitled ``Semiconductor Industry Association Petition for 
Reconsideration and Request for Stay Pending Reconsideration of Subpart 
I of the Final Rule for Mandatory Reporting of Greenhouse Gases'' 
(January 31, 2011). However, the EPA does not agree that we need to 
wait to finalize confidentiality determinations for non-input data 
elements that are outside the scope of that reconsideration petition, 
since we do not anticipate proposing any changes in the requirements to 
report those data elements. Thus, the EPA is finalizing confidentiality 
determinations for those subpart I data elements listed in Table 1 of 
the Memorandum, ``Final Data Category Assignments and Confidentiality 
Determinations for the 2012 Final CBI Rule.''
    Comment: Commenters argued that the release of the following data 
elements would reveal trade secrets and intellectual property:
     Annual emissions of each fluorinated greenhouse gas (F-
GHG)

[[Page 48078]]

emitted from each process type for which your facility is required to 
calculate emissions as calculated in Equations I-6 and I-7. (40 CFR 
98.96(c)(1))
     Annual emissions of each F-GHG emitted from each process 
subtype as calculated in Equations I-8 and I-9. (40 CFR 98.96(c)(2))
    Specifically, the commenters stated that the release of these data 
elements could allow competitors to more easily reverse-engineer 
recipes and back-calculate sensitive information such as the relative 
proportion of gas-by-gas usage in a recipe or sub-process type.
    Response: The data noted are emission data and, therefore, under 
Section 114(c) of the CAA must be made publicly available. In any case, 
the reverse engineering which the commenter cites as a potential that 
would reveal trade secret information can only be accomplished if more 
data is publicly available, in particular certain inputs to emission 
equations. The reporting of inputs to emission equations has been 
deferred. As discussed in the preamble to the Final Deferral Notice, we 
will in the future make a judgement about the sensitivity of deferred 
data elements in combination with other data elements.
    Comment: Commenters argued that the annual manufacturing capacity 
as determined by Equation I-5 of subpart I (40 CFR 98.96(a) and 
proposed as non-CBI) should receive confidential treatment as it will 
likely generate a capacity different from that reported by the ``World 
Fab Forecast,'' which may be instructive to competitors. The commenters 
suggested that the EPA either determine that this data element is CBI 
or amend subpart I to remove Equation I-5 of subpart I and 
alternatively use the maximum manufacturing capacity published by the 
``World Fab Forecast.''
    Response: For the reason provided previously in this Summary to 
Comments section, the EPA is not finalizing the confidentiality 
determination for this data element for two reasons. First, this data 
element is related to a portion of subpart I addressed in the petition 
entitled ``Semiconductor Industry Association Petition for 
Reconsideration and Request for Stay Pending Reconsideration of Subpart 
I of the Final Rule for Mandatory Reporting of Greenhouse Gases.'' The 
EPA is actively engaged in settlement negotiations concerning the 
associated petition for review of the December 1, 2010 subpart I rule. 
Second, we concluded that making a final confidentiality determination 
for this data element would be inappropriate because its sensitivity 
varies from reporter to reporter. We will instead evaluate the 
confidentiality status of this data element on a case-by-case basis, in 
accordance with existing CBI regulations in 40 CFR part 2, subpart B.
2. Subpart W--Petroleum and Natural Gas Systems Summary of Changes
    In our subpart W CBI re-proposal, we proposed category assignments 
and confidentiality determinations for all of the data elements 
reported under subpart W that are not inputs to emission equations. In 
this action, we are finalizing without change the category assignments 
and confidentiality determinations proposed in the Subpart W CBI re-
proposal. For a list of the final data category assignments and 
confidentiality determinations for all of the non-input subpart W data 
elements as identified in the Subpart W CBI re-proposal, please see the 
memorandum titled ``Final Data Category Assignments and Confidentiality 
Determinations for the 2012 Final CBI Rule'' (see Docket EPA-HQ-OAR-
2011-0028 and the GHGRP Web site, http://www.epa.gov/climatechange/emissions/CBI.html).
    Summary of Comments.
    This section contains summaries of the significant public comments 
and our responses thereto. Other public comments were also received. 
Responses to these comments can be found in ``Confidentiality 
Determinations in the 2012 CBI re-proposals: Responses to Public 
Comments'' in Docket EPA-HQ-OAR-2011-0028 and on the Web site, http://www.epa.gov/climatechange/emissions/CBI.html.
    Comment: One commenter stated that data reported for exploratory 
wells should be held confidential for a period of at least 24 months. 
This commenter noted that the oil and gas industry makes substantial 
investments in exploration and development projects and that 
information regarding exploratory wells is considered to be proprietary 
by the industry. They state competitive harm may occur if the public 
can obtain detailed high resolution operational information on a well-
by-well basis and on a daily or weekly basis. The commenter also 
asserted that the EPA's proposed determinations are inconsistent with 
other state and federal regulations that allow information regarding 
exploratory wells to be held confidential. The commenter did not 
specify which particular data elements would be sensitive for 
exploratory wells, but stated that oil and gas reserve information for 
new wells, geological assessments of new prospects, drilling plans, and 
detailed well-by-well operational information (such as post-flowback 
flaring/venting volumes) are considered sensitive. However, the 
commenter indicated that the identity and location of exploratory wells 
are not sensitive.
    Response: We disagree with the commenter's recommendation that all 
non-input to emission equations data elements reported for exploratory 
wells should be held confidential for a period of two years for the 
following reasons. First, many of these data elements meet the 
definition of emission data in 40 CFR 2.301(a)(2)(i) because they are 
actual GHGs emitted by the facility. Under CAA section 114(c), the EPA 
must make available emission data, whether or not such data are CBI. 
For the data elements that are assigned to the ``Emissions'' data 
category, the commenter did not claim or provide any justification for 
why these data elements do not meet the definition of emission data. 
Furthermore, the emissions from well venting during completions are 
reported at the sub-basin level by well type (horizontal or vertical). 
Since the emissions are not reported for each individual well, this 
information cannot be used to estimate future production levels or any 
other operational information for any individual exploratory well.
    With respect to the non-inputs to emission equations data elements 
which we proposed would not be emission data but also not CBI, we 
disagree that they disclose any CBI relative to exploratory wells for 
the following reasons. First, reporters are not required to report 
sensitive information on oil and gas reserves, geological assessments 
of new prospects, drilling plans, or detailed well-by-well operational 
information. As explained in the re-proposal, these non-input data 
elements that are not emissions data relate to well completions (e.g., 
number of completions, number of days gas was vented during 
completions) and testing (e.g., number of wells tested during the 
calendar year, average gas-to-oil ratio for each basin, average number 
of days wells are tested). None of these data elements reveal 
information regarding the production characteristics or production 
rates of any individual production well or the potential production 
rates for exploratory wells. The commenter did not explain why these 
specific data elements would be likely to cause competitive harm; 
rather, the commenter provided only very broad comments that certain 
information on exploratory wells can be

[[Page 48079]]

competitively sensitive and did not dispute our rationale that the 
specific data elements reported under subpart W were unlikely to cause 
substantial competitive harm.
    Second, reporters are not required to identify which wells are 
exploratory and which are production wells, nor do they report 
information for individual wells. The non-input data elements reported 
under subpart W are reported for each basin, sub-basin, tubing 
diameter/pressure group, or well type (i.e., horizontal or vertical). 
For example, the reporting of the number of wells tested in a basin 
within a calendar year (40 CFR 98.236(c)(10)(i)) does not provide any 
insight into exactly which wells within that basin were tested or 
whether the wells are being tested after completion of exploratory 
wells or after workovers on existing wells.
    Lastly, we disagree that our decision to consider these data 
elements to be non-CBI is inconsistent with other state and federal 
regulations that allow data for exploratory wells to be held 
confidential. The data reported under subpart W does not include any 
sensitive information about the underlying geology or potential 
productivity of an exploratory well, which are the types of information 
being held as confidential under the state and federal rules mentioned 
by the commenter. We further note that many of the subpart W data 
elements are in fact publicly available. For example, the number of 
well completions for each sub-basin (40 CFR 98.236(c)(6)(i)(A) and (G)) 
is publicly available from commercial databases (e.g., see http://www.didesktop.com/products/) and the EIA.
    Therefore, we conclude that our proposed determinations regarding 
the non-input data elements are appropriate and finalize those 
determinations in this action.
    Comment: One commenter disagreed with our proposed determination 
that we should afford confidential treatment to the explanation of when 
an owner or operator will receive the services or equipment necessary 
to comply with subpart W monitoring requirements (40 CFR 
98.234(f)(8)(ii)(C)). This commenter argues that disruptions of oil and 
gas production from installing monitoring equipment would be brief and 
unlikely to cause substantial competitive harm to the reporter's 
competitive position.
    Response: We disagree with the commenter's assertion that 
disruptions from disclosure of this data element would be brief and 
therefore unlikely to cause substantial competitive harm to the 
reporter's competitive position. As we noted in the preamble to the 
Subpart W CBI re-proposal, this data element comprises forward-looking 
information about the dates on which an owner or operator will receive 
the services or equipment necessary to comply with all of the subpart W 
monitoring requirements. This data element would reveal information to 
a competitor about when a facility would be installing equipment or 
when the facility would plan to perform the necessary modifications to 
their processes in order to comply with the rule. The disclosure of 
this type of forward-looking information about a facility's operation 
provides insight into periods when oil and gas production will be 
reduced at a particular site. This type of information can be used to 
adjust pricing to take advantage of short-term supply disruptions. Our 
decision to make this data element CBI is consistent with our previous 
determination in the 2011 Final CBI Rule that the installation date 
reported by facilities using BAMM (reported under 40 CFR 
98.3(d)(2)(ii)(F)) is entitled to CBI treatment because it provides 
forward-looking production-related information that would likely cause 
substantial competitive harm if disclosed. Although this commenter 
claimed the potential harm from disclosure would be insignificant 
because the disruption would be brief, no supporting information was 
provided to show that disclosing forward-looking information regarding 
a short-term disruption in production would not cause harm to a 
reporter's competitive position.
    Therefore, we conclude that our proposed determination that this 
data element (40 CFR 98.234(f)(8)(ii)(C)) is entitled to confidential 
treatment is appropriate; we therefore finalize that determination in 
this action.
    Comment: One commenter disagreed with the EPA's proposal to defer 
the deadline for reporting subpart W data elements used as inputs to 
emissions equations until 2015. This commenter alleged that the 
proposed deferral of the reporting deadline for all subpart W inputs 
was contrary to the intent of the Appropriations Act \10\ by 
contravening Congress's mandate to develop a transparent, economy-wide 
greenhouse gas inventory. The commenter believes disclosure of the 
subpart W inputs to emissions equations would not cause competitive 
harm and claimed that disclosure of these data elements was important 
for furthering public understanding of the GHG emissions from this 
industry.
---------------------------------------------------------------------------

    \10\ Consolidated Appropriations Act, 2008, Public Law 110-161, 
121 Stat. 1844, 2128.
---------------------------------------------------------------------------

    Response: The EPA has extended the reporting deadlines for inputs 
to emission equations data elements in all Part 98 subparts, including 
subpart W, in the Final Deferral Notice. As explained in that final 
rule, the EPA is evaluating the sensitivity of subpart W equation 
inputs together (as with other subparts) and therefore is requiring all 
subpart W inputs to be reported by the same deferral deadline.\11\ 
Today's action simply imposes the same reporting deadline to subpart W 
inputs to emission equations that were subsequently added to subpart W 
and therefore not included in the Final Deferral Notice.\12\ We are not 
revisiting in this action our decision in the Final Deferral Notice to 
defer reporting of subpart W equation inputs to 2015. See the Response 
to Comments document published with the Final Deferral Notice for more 
information on the EPA's rationale for deferring inputs to emission 
equations. The commenter did not claim that these remaining subpart W 
equation inputs should have a different deadline from the other subpart 
W data elements that are inputs to emission equations, nor do we see 
any reason to do so. We are therefore finalizing our proposal to defer 
reporting of these data elements to 2015.
---------------------------------------------------------------------------

    \11\ 76 FR 53057, August 25, 2011.
    \12\ As mentioned elsewhere in this notice and not relevant to 
this specific comment, we are also removing certain subpart W data 
elements from the ``Inputs to Emission Equations'' category and 
making confidentiality determinations for a number of subpart W data 
elements previously assigned to the ``Inputs to Emission Equations'' 
category.
---------------------------------------------------------------------------

3. Subparts DD, RR, and SS
    In the 2012 CBI re-proposal, the EPA proposed category assignments 
and confidentiality determinations for direct emitter subparts DD and 
SS and the direct emitter data elements in subpart RR. The EPA did not 
receive comment on the proposed data category assignments or 
confidentiality determinations for any data elements in subparts DD and 
SS, nor did we receive comment on the proposed data category 
assignments or confidentiality determinations for direct emitter data 
elements in subpart RR. (We did, however, receive comment on the 
proposed confidentiality determinations for supplier data elements in 
subpart RR, which are summarized in Section II.C.2 of this preamble.) 
The EPA is now finalizing the category assignment and confidentiality 
determinations for the subpart DD and SS data elements and subpart RR 
direct emitter data elements as proposed. The final category 
assignments and confidentiality determinations for these data elements

[[Page 48080]]

can be found in the memorandum, ``Final Data Category Assignments and 
Confidentiality Determinations for the 2012 Final CBI Rule.''

C. GHG Supplier Data Categories

    For supplier subparts QQ, RR, and UU, the EPA is finalizing the 
assignment of each data element to one of 11 supplier data categories. 
No change has been made to the data category assignments since 
proposal. The following section lists changes since proposal to 
confidentiality determinations of supplier data elements assigned to 
categories with no categorical determination covered in this action 
(organized by supplier subpart). This section also includes summaries 
of the major public comments and our responses, organized by subpart. 
Other public comments and responses thereto can be found in 
``Confidentiality Determinations in the 2012 CBI re-proposals: 
Responses to Public Comments'' in Docket EPA-HQ-OAR-2011-0028 and on 
the Web site, http://www.epa.gov/climatechange/emissions/CBI.html.
1. Subpart QQ--Importers and Exporters of Fluorinated Greenhouse Gases 
Contained in Pre-charged Equipment or Closed-cell Foams
    Summary of Changes.
    In the 2012 CBI re-proposal, the EPA proposed confidentiality 
determinations for data elements in supplier subpart QQ. The EPA 
received comments raising concerns that the release of certain data 
elements could allow competitors to link import and export data to 
publicly available customs data, thereby allowing them to discern 
import and export practices and potentially sensitive shipment data. As 
discussed in the summary of the comments section below, after 
considering these comments, the EPA has decided not to make a final 
confidentiality determination for the six subpart QQ data elements that 
reveal the date of import or export (see Table 5 of this preamble for 
the list of affected data elements). For the remaining subpart QQ data 
elements that are not listed in Table 5 of this preamble, we are 
finalizing confidentiality determinations as proposed. The final 
confidentiality determinations for all subpart QQ data elements can be 
found in the Memorandum, ``Final Data Category Assignments and 
Confidentiality Determinations for the 2012 Final CBI Rule.''

 Table 5--Subpart QQ Data Elements for Which Confidentiality Status Has
                         Changed Since Proposal
------------------------------------------------------------------------
                                                       Finalized data
         Data element                Citation           category and
                                                       determination
------------------------------------------------------------------------
Dates on which pre-charged      40 CFR             Unit/Process
 equipment were imported.        98.436(a)(5).      Operating
                                                    Characteristics
                                                    (``No
                                                    determination'').
Dates on which closed-cell      40 CFR             Unit/Process
 foams were imported.            98.436(a)(5).      Operating
                                                    Characteristics
                                                    (``No
                                                    determination'').
If the importer does not know   40 CFR             Unit/Process
 the identity and mass of the    98.436(a)(6)(iv).  Operating
 F-GHGs within the closed-cell                      Characteristics
 foam: Dates on which the                           (``No
 closed-cell foams were                             determination'').
 imported.
Dates on which pre-charged      40 CFR             Unit/Process
 equipment were exported.        98.436(b)(5).      Operating
                                                    Characteristics
                                                    (``No
                                                    determination'').
Dates on which closed-cell      40 CFR             Unit/Process
 foams were exported.            98.436(b)(5).      Operating
                                                    Characteristics
                                                    (``No
                                                    determination'').
If the exporter does not know   40 CFR             Unit/Process
 the identity and mass of the    98.436(b)(6)(iv).  Operating
 F-GHGs within the closed-cell                      Characteristics
 foam: Dates on which the                           (``No
 closed-cell foams were                             determination'').
 exported.
------------------------------------------------------------------------

    Summary of Comments.
    This section contains summaries of the significant public comments 
and our responses thereto. Additional public comments were also 
received. Response to these comments can be found in ``Confidentiality 
Determinations in the 2012 CBI re-proposals: Responses to Public 
Comments'' in Docket EPA-HQ-OAR-2011-0028 and on the Web site, http://www.epa.gov/climatechange/emissions/CBI.html.
    Comment: Two commenters disagreed with EPA's proposed non-CBI 
determination for eight data elements in the ``Unit/Process Operating'' 
Data Category. The commenters claimed that competitors can cross-
reference these data elements with publicly available information to 
discern business-sensitive information. These data elements include 
(each listing is a separate data element for both importers and 
exporters):
     Dates on which pre-charged equipment were imported/
exported (40 CFR 98.436(a)(5) and (b)(5));
     Dates on which closed-cell foams were imported/exported 
(40 CFR 98.436(a)(5) and (b)(5));
     If the importer/exporter does not know the identity and 
mass of the F-GHGs within the closed-cell foam: Dates on which the 
closed-cell foams were imported/exported (40 CFR 98.436(a)(6)(iv) and 
(b)(6)(iv)); and
     If the importer/exporter does not know the identity and 
mass of the F-GHGs within the closed-cell foam: Certification that the 
importer/exporter was unable to obtain information on the identity and 
mass of the F-GHGs within the closed-cell foam from the closed-cell 
foam manufacturer(s) (40 CFR 98.436(a)(6)(vi) and (b)(6)(vi)).
    The commenters stated that importers and exporters often submit 
confidentiality requests to U.S. Customs and Border Protection (CBP) to 
protect as confidential the information contained in the shipment 
manifest. In such cases, the CBP protects as confidential the name and 
address of the importer or exporter, but allows other information 
contained in the manifest to be made public. Since the name and address 
of the importer or exporter are held confidential, the commenter stated 
that other competitively sensitive information contained in the 
manifest, such as shipment data (e.g., type and quantities of products 
imported or exported), cannot be attributed to a particular importer or 
exporter.
    The commenters asserted that the EPA's proposal would undermine 
confidentiality requests granted by the CBP because it would release 
information on the company name, dates of import/export, and 
certification statements that could be cross-referenced with public 
information available in manifests. For example, commenters suggested 
that the manifest provides information on the country of origin and 
type and volumes of commodities imported or exported. This information 
is currently available to the public but cannot be linked to a 
particular importer or exporter where

[[Page 48081]]

the CBP has granted confidential treatment of the importer or 
exporter's name and address.
    Response: The EPA agrees with the commenters that competitors could 
cross-reference the company name and date of import or export with 
publicly available information to discern competitively sensitive 
information from the manifest (e.g., country of origin and type and 
volume of commodities imported or exported). Pursuant to 19 CFR 
103.31(d), CBP keeps the name and address of importers and exporters 
confidential where importers and exporters submit a certification 
claiming the information in their manifest is confidential. CBP then 
keeps the name and address of the importer/exporter confidential for a 
period of two years, which can be extended provided the importer/
exporter submits a renewal request within 60 days prior to expiration 
of the two year period. Although the EPA was aware that manifest data 
was published, we previously considered matching of individual 
manifests with the correct importer/exporter would be very difficult. 
However, the public can request manifest data for specific dates in 
accordance with 19 CFR 103.31(e) and the CBP makes manifest data 
(excluding the name and addresses for those claiming confidentiality) 
available to the public on CD-ROMs. We also agree with the commenter 
that some of the information contained in manifests could be 
competitively sensitive for some reporters. For example, the volumes 
and types of commodities imported or exported by a company can provide 
information on a competitor's annual production data for individual 
appliances and foams where the importer/exporter is also the 
manufacturer of those products. Such information would provide 
competitors with information on the market share of a competitor's 
products in the U.S. market (for imports) and in other countries (for 
exports). Since the quantity of products imported/exported would be 
available from the manifest information on an annual basis, competitors 
would have insight into changes in annual sales of a competitor's 
products. For example, a decrease in the number of units exported to a 
particular market would indicate a declining demand for a competitor's 
product in that particular market.
    However, we note that the CBP holds the name and addresses of 
importers/exporters confidential only when specifically requested by 
the importer/exporter and that confidentiality is for a period of only 
two years unless a request for extension is made. We also note that 
manifest information may not be sensitive for all importers and 
exporters. Therefore, the EPA has concluded that the date of import or 
export (40 CFR 98.436(a)(5), (a)(6)(iv), (b)(5), and (b)(6)(iv)) may 
cause competitive harm for some but not all importers and exporters. As 
a result, we are not finalizing a confidentiality determination for 
these data elements. We will evaluate the confidentiality status of 
these data elements on a case-by-case basis, in accordance with 
existing CBI regulations in 40 CFR part 2, subpart B.
    The EPA disagrees with comments that releasing certification data 
(40 CFR 98.436(a)(6)(vi) and (b)(6)(vi)) would likely cause substantial 
competitive harm to the importer or exporter. The certification is a 
statement that the importer or exporter was unable to obtain 
information on the identity and mass of the fluorinated GHG imported or 
exported in foams. The certification statement consists of a statement 
indicating whether the reporter was able to obtain information on the 
identity and mass of F-GHGs within the imported or exported products, 
and does not include any information that a competitor could cross 
reference with publicly available information to link manifest data to 
a particular reporter. The commenters did not provide any supporting 
rationale for how the certification statement, if disclosed, can cause 
competitive harm. The EPA has concluded the disclosure of the very 
limited information in the certification statement is unlikely to cause 
competitive harm; therefore, the EPA is finalizing a determination that 
the certification statements (40 CFR 98.436(a)(6)(vi) and (b)(6)(vi)) 
are not eligible for CBI treatment.
2. Subpart RR--Geologic Sequestration of Carbon Dioxide \13\
---------------------------------------------------------------------------

    \13\ Subpart RR is neither an exclusively direct emitter nor a 
supplier source category, so for the purposes of this action the EPA 
assigned each subpart RR data element to one of the two groups based 
on its type and characteristics. The EPA assigned subpart RR data 
elements that pertain to emissions to one of the direct emitter data 
categories and the remaining subpart RR data elements to one of the 
supplier data categories.
---------------------------------------------------------------------------

    Summary of Changes.
    In the 2012 CBI re-proposal, the EPA proposed non-CBI 
confidentiality determinations for the supplier data elements in 
subpart RR. Based on public comment, and for the reasons explained in 
the Summary of Comments section below, we have decided not to make CBI 
determinations in this final rule for the subpart RR supplier data 
elements that are listed in Table 6 of this preamble. We will evaluate 
the confidentiality status of these data elements on a case-by-case 
basis, in accordance with existing CBI regulations in 40 CFR part 2, 
subpart B. The EPA did not receive comments on the remaining subpart RR 
data elements, and is finalizing confidentiality determinations as 
proposed for the subpart RR data elements that are not listed in Table 
6 of this preamble. The final confidentiality determinations for all 
subpart RR data elements can be found in the Memorandum, ``Final Data 
Category Assignments and Confidentiality Determinations for the 2012 
Final CBI Rule'' in Docket EPA-HQ-OAR-2011-0028 and on EPA's Web site 
(see http://www.epa.gov/climatechange/emissions/CBI.html).

 Table 6--Subpart RR Data Elements for Which Confidentiality Status Has
                         Changed Since Proposal
------------------------------------------------------------------------
                                                        Finalized data
          Data element                 Citation          category and
                                                         determination
------------------------------------------------------------------------
If you receive CO2 by pipeline,   40 CFR              Production/
 report the following for each     98.446(a)(1).       Throughput
 receiving flow meter: Total net                       Quantities and
 mass of CO2 received (metric                          Composition \a\
 tons) annually.                                       (``No
                                                       Determination'').
If a volumetric flow meter is     40 CFR              Production/
 used to receive CO2 report the    98.446(a)(2)(i).    Throughput
 following unless you reported                         Quantities and
 yes to 40 CFR 98.446(a)(4):                           Composition (``No
 Volumetric flow through a                             Determination'').
 receiving flow meter at
 standard conditions (in
 standard cubic meters) in each
 quarter.

[[Page 48082]]

 
If a volumetric flow meter is     40 CFR              Production/
 used to receive CO2 report the    98.446(a)(2)(ii).   Throughput
 following unless you reported                         Quantities and
 yes to 40 CFR 98.446(a)(4): The                       Composition (``No
 volumetric flow through a                             Determination'').
 receiving flow meter that is
 redelivered to another facility
 without being injected into
 your well (in standard cubic
 meters) in each quarter.
If a volumetric flow meter is     40 CFR              Production/
 used to receive CO2 report the    98.446(a)(2)(iii).  Throughput
 following unless you reported                         Quantities and
 yes to 40 CFR 98.446(a)(4): CO2                       Composition (``No
 concentration in the flow                             Determination'').
 (volume percent CO2 expressed
 as a decimal fraction) in each
 quarter.
If a mass flow meter is used to   40 CFR              Production/
 receive CO2 report the            98.446(a)(3)(i).    Throughput
 following unless you reported                         Quantities and
 yes to 40 CFR 98.446(a)(4): The                       Composition (``No
 mass flow through a receiving                         Determination'').
 flow meter (in metric tons) in
 each quarter.\1\
If a mass flow meter is used to   40 CFR              Production/
 receive CO2 report the            98.446(a)(3)(ii).   Throughput
 following unless you reported                         Quantities and
 yes to 40 CFR 98.446(a)(4): The                       Composition (``No
 mass flow through a receiving                         Determination'').
 flow meter that is redelivered
 to another facility without
 being injected into your well
 (in metric tons) in each
 quarter.
If a mass flow meter is used to   40 CFR              Production/
 receive CO2 report the            98.446(a)(3)(iii).  Throughput
 following unless you reported                         Quantities and
 yes to 40 CFR 98.446(a)(4): The                       Composition (``No
 CO2 concentration in the flow                         Determination'').
 (weight percent CO2 expressed
 as a decimal fraction) in each
 quarter.
If you receive CO2 in             40 CFR              Production/
 containers, report: The mass      98.446(b)(1).       Throughput
 (in metric tons) or volume at                         Quantities and
 standard conditions (in                               Composition (``No
 standard cubic meters) of                             Determination'').
 contents in containers in each
 quarter.
If you receive CO2 in             40 CFR              Production/
 containers: Concentration of      98.446(b)(2).       Throughput
 CO2 of contents in containers                         Quantities and
 (volume or wt. % CO2 expressed                        Composition (``No
 as a decimal fraction) in each                        Determination'').
 quarter.
If you receive CO2 in             40 CFR              Production/
 containers, report: The mass      98.446(b)(3).       Throughput
 (in metric tons) or volume (in                        Quantities and
 standard cubic meters) of                             Composition (``No
 contents in containers that is                        Determination'').
 redelivered to another facility
 without being injected into
 your well in each quarter.
If you receive CO2 in             40 CFR              Production/
 containers: Net mass of CO2       98.446(b)(4).       Throughput
 received (metric tons) annually.                      Quantities and
                                                       Composition \a\
                                                       (``No
                                                       Determination'').
If you use more than one          40 CFR 98.446(c)..  Production/
 receiving flow meter: Total net                       Throughput
 mass of CO2 received (metric                          Quantities and
 tons) through all flow meters                         Composition \a\
 annually.                                             (``No
                                                       Determination'').
If the date specified in 40 CFR   40 CFR              Production/
 98.446(e) is during the           98.446(f)(4)(i).    Throughput
 reporting year for this annual                        Quantities and
 report, report the following                          Composition \a\
 starting on the date specified                        (``No
 in 40 CFR 98.446(e): For each                         Determination'').
 separator flow meter (mass or
 volumetric), report CO2 mass
 produced (metric tons) annually.
If the date specified in 40 CFR   40 CFR              Production/
 98.446(e) is during the           98.446(f)(4)(ii).   Throughput
 reporting year for this annual                        Quantities and
 report, report the following                          Composition (``No
 starting on the date specified                        Determination'').
 in 40 CFR 98.446(e): For each
 separator flow meter (mass or
 volumetric), report CO2
 concentration in flow (volume
 or wt. % CO2 expressed as a
 decimal fraction) in each
 quarter.
If the date specified in 40 CFR   40 CFR              Production/
 98.446(e) is during the           98.446(f)(4)(iii).  Throughput
 reporting year for this annual                        Quantities and
 report, report the following                          Composition (``No
 starting on the date specified                        Determination'').
 in 40 CFR 98.446(e): If a
 volumetric flow meter is used,
 volumetric flow rate at
 standard conditions (standard
 cubic meters) in each quarter.
If the date specified in 40 CFR   40 CFR              Production/
 98.446(e) is during the           98.446(f)(4)(iv).   Throughput
 reporting year for this annual                        Quantities and
 report, report the following                          Composition (``No
 starting on the date specified                        Determination'').
 in 40 CFR 98.446(e): If a mass
 flow meter is used, mass flow
 rate (metric tons) in each
 quarter.
------------------------------------------------------------------------
\a\ These data elements could have also been placed in the ``Greenhouse
  Gases Reported'' data category because the product is also the GHG
  reported.

    Summary of Comments.
    This section contains summaries of the significant public comments 
and our responses thereto. Other public comments were also received. 
Response to these comments can be found in ``Confidentiality 
Determinations in the 2012 CBI re-proposals: Responses to Public 
Comments'' in Docket EPA-HQ-OAR-2011-0028 and on the Web site, http://www.epa.gov/climatechange/emissions/CBI.html.
    Comment: One commenter that injects CO2 for enhanced oil 
and gas recovery (ER) stated that data elements related to the quantity 
of CO2 received onsite must be protected as CBI. The 
commenter asserted that information on the quantity of CO2 
received at individual flow meters and the total quantity of 
CO2 received at a facility that conducts ER is not publicly 
available. The commenter also disagreed with the EPA's conclusion that 
public release of

[[Page 48083]]

the quantity of CO2 received does not create a substantial 
competitive disadvantage for the company. Combined with publicly 
available information on CO2 pipeline capacities, the 
commenter asserted that CO2 suppliers and pipeline 
transportation companies could use data on the quantity of 
CO2 reported as received by specific facilities to their 
advantage in price negotiations on future contracts with the 
CO2 purchasers (i.e., the reporting facilities under 
subparts RR and UU). The commenter stated that this risk is amplified 
because there are so few CO2 suppliers in the market.
    Response: EPA had proposed that the data elements in Table 6, which 
relate to the quantity of CO2 received onsite, are not CBI 
on the basis that they are either publicly available or may be derived 
from publicly available data. However, the commenter claims this is not 
the case for data from facilities that conduct ER. Our initial review 
of available information lends support to the comment, which suggests 
that EPA may need to assess the confidentiality determination of these 
data elements separately for ER and non-ER facilities. However, EPA had 
not analyzed these data elements in Table 6 separately for ER and non-
ER activities in the re-proposal. Further, facilities subject to the 
reporting requirements in Table 6 are not required to include in their 
annual report whether they are conducting ER. Therefore, even if EPA 
were to make separate determinations in this final rule for ER and non-
ER facilities, EPA would not be able to withhold or disclose any of the 
data elements in Table 6 upon finalizing and in accordance with the 
determinations, which is the reason for making these confidentiality 
determinations through rulemaking. See 40 CFR 2.301(d). EPA would need 
additional information, in particular whether the facilities conduct 
ER, before it can complete its confidentiality determinations for any 
of these data. In light of the above, the EPA is not making a 
confidentiality determination for the data elements in Table 6 in this 
final rule. Should we decide to make available any of these data in the 
future, we will at that time evaluate the confidentiality status of 
these data elements on a case-by-case basis, in accordance with 
existing CBI regulations in 40 CFR part 2, subpart B.
    Comment: One commenter that conducts ER asserted that certain data 
elements related to the quantity of produced CO2 measured at 
a separator meter should be protected as CBI. This commenter stated 
that the total mass of produced CO2 by well or within a 
field is not already in the public domain and that the fact that some 
data from ER wells is publicly available does not demonstrate that 
publication of this data would not cause competitive harm.
    The commenter asserted that CO2 is an essential 
commodity in ER projects, and because of its cost, companies go to 
great lengths to use it efficiently and to recycle as much of it as 
possible. The commenter stated that publication of produced 
CO2 data, when coupled with publicly available information 
on oil and gas production by well, would enable competitors to 
calculate CO2 utilization rates for both individual wells 
and fields. The commenter noted that because this data would be 
available annually, it would be possible to track changes in 
CO2 utilization over time. The commenter stated that from 
these CO2 utilization rates, competitors would gain insight 
into production costs, as well as information on how the reservoir was 
performing over time. The commenter stated that this information could 
be used in contract negotiations for CO2 supply, as well as 
enabling competitors to fine tune investment, acquisition, and 
development strategies.
    The commenter also asserted that if data on the quantities of both 
injected CO2 and produced CO2 are publicly 
available, competitors can determine the quantity of CO2 
received by a site, because the total quantity of CO2 
injected equals the amount of CO2 received on site plus the 
amount of CO2 produced, less any surface emissions (which 
will be made public under subpart RR because they are ``emission 
data'').
    Response: After reviewing the additional information provided by 
the commenter, the EPA agrees that the mass of produced CO2 
measured at a separator meter could be sensitive information for some 
facilities that report under Subpart RR and not for others. Therefore, 
the EPA decided not to make categorical confidentiality determinations 
for the data elements related to the mass of produced CO2 
measured per separator meter at this time (40 CFR 98.446(f)(4)(i) 
through (iv) listed in Table 6 of this preamble). We will evaluate the 
confidentiality status of these data elements on a case-by-case basis, 
in accordance with existing CBI regulations in 40 CFR part 2, subpart 
B.
3. Subpart UU--Injection of Carbon Dioxide
    Summary of Changes.
    In the 2012 CBI re-proposal, the EPA proposed confidentiality 
determinations for subpart UU.\14\ We received comment that, for ER 
projects, information related to the quantity of CO2 
received is not publicly available and may be likely to cause 
substantial competitive harm if made publicly available. For the 
reasons explained below, we have determined that the data elements that 
are listed in Table 7 of this preamble are CBI for facilities without 
an EPA-approved subpart RR R&D project exemption and non-CBI for 
facilities with an EPA-approved subpart RR R&D project exemption. The 
EPA did not receive comments on the remaining subpart UU data elements, 
and is finalizing confidentiality determinations as proposed for the 
subpart UU data elements that are not listed in Table 7 of this 
preamble. The final confidentiality determinations for all subpart UU 
data elements can be found in the Memorandum, ``Final Data Category 
Assignments and Confidentiality Determinations for the 2012 Final CBI 
Rule'' in Docket EPA-HQ-OAR-2011-0028 and on the EPA's Web site (see 
http://www.epa.gov/climatechange/emissions/CBI.html).
---------------------------------------------------------------------------

    \14\ Subpart UU is neither a direct emitter nor a supplier 
source category; for the purposes of this action, the EPA assigned 
the subpart UU data elements to one of the supplier data categories 
because they are most similar in type and characteristics to 
supplier data.

                              Table 7--Subpart UU Data Elements With Changed Confidentiality Determinations Since Proposal
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Finalized data category and CBI            Finalized data category and CBI
              Data element                       Citation            determination for facilities without an    determination for facilities with an R&D
                                                                                 R&D  exemption                                exemption
--------------------------------------------------------------------------------------------------------------------------------------------------------
If you receive CO2 by pipeline, report   40 CFR..................  GHGs Reported and Production/Throughput     Production/Throughput Quantities and
 the following for each receiving flow   98.476(a)(1)............   Quantities and Composition \a\ (CBI).       Composition \a\ (non-CBI).
 meter: Total net mass of CO2 received
 (metric tons) annually.

[[Page 48084]]

 
If you receive CO2 by pipeline, report   40 CFR..................  Production/Throughput Quantities and        Production/Throughput Quantities and
 the following for each receiving flow   98.476(a)(2)(i).........   Composition (CBI).                          Composition (non-CBI).
 meter: If a volumetric flow meter is
 used to receive CO2: Volumetric flow
 through a receiving flow meter at
 standard conditions (standard cubic
 meters) in each quarter.
If you receive CO2 by pipeline, report   40 CFR..................  Production/Throughput Quantities and        Production/Throughput Quantities and
 the following for each flow meter: If   98.476(a)(2)(ii)........   Composition (CBI).                          Composition (non-CBI).
 a volumetric flow meter is used to
 receive CO2: The volumetric flow
 through a receiving flow meter that is
 redelivered to another facility
 without being injected into your well
 (standard cubic meters) in each
 quarter.
If you receive CO2 by pipeline, report   40 CFR..................  Production/Throughput Quantities and        Production/Throughput Quantities and
 the following for each receiving flow   98.476(a)(2)(iii).......   Composition (CBI).                          Composition (non-CBI).
 meter: If a volumetric flow meter is
 used to receive CO2: CO2 concentration
 in the flow (volume % CO2 expressed as
 a decimal fraction) in each quarter.
If you receive CO2 by pipeline, report   40 CFR..................  Production/Throughput Quantities and        Production/Throughput Quantities and
 the following for each flow meter: If   98.476(a)(3)(i).........   Composition (CBI).                          Composition (non-CBI).
 a mass flow meter is used to receive
 CO2, report the mass flow through a
 receiving flow meter (in metric tons)
 in each quarter.
If you receive CO2 by pipeline, report   40 CFR..................  Production/Throughput Quantities and        Production/Throughput Quantities and
 the following for each flow meter: If   98.476(a)(3)(ii)........   Composition (CBI).                          Composition (non-CBI).
 a mass flow meter is used to receive
 CO2, report the mass flow through a
 receiving flow meter that is
 redelivered to another facility
 without being injected into your well
 (in metric tons) in each quarter.
If you receive CO2 by pipeline, report   40 CFR..................  Production/Throughput Quantities and        Production/Throughput Quantities and
 the following for each flow meter: If   98.476(a)(3)(iii).......   Composition (CBI).                          Composition (non-CBI).
 a mass flow meter is used to receive
 CO2, report CO2 concentration in the
 flow (wt. % CO2 expressed as a decimal
 fraction) in each quarter.
If you receive CO2 in containers,        40 CFR..................  Production/Throughput Quantities and        Production/Throughput Quantities and
 report: The mass (metric tons) or       98.476(b)(1)............   Composition (CBI).                          Composition (non-CBI).
 volume at standard conditions
 (standard cubic meters) of contents in
 containers in each quarter.
If you receive CO2 in containers,        40 CFR..................  Production/Throughput Quantities and        Production/Throughput Quantities and
 report: The concentration of CO2 of     98.476(b)(2)............   Composition (CBI).                          Composition (non-CBI).
 contents in containers (volume or wt.
 % CO2 expressed as a decimal fraction)
 in each quarter.
If you receive CO2 in containers,        40 CFR..................  Production/Throughput Quantities and        Production/Throughput Quantities and
 report: The mass (metric tons) or       98.476(b)(3)............   Composition (CBI).                          Composition (non-CBI).
 volume (standard cubic meters) of
 contents in containers that is
 redelivered to another facility
 without being injected into your well
 in each quarter.
If you receive CO2 in containers,        40 CFR..................  Production/Throughput Quantities and        Production/Throughput Quantities and
 report: The net total mass of CO2       98.476(b)(4)............   Composition \a\ (CBI).                      Composition \a\ (non-CBI).
 received (in metric tons) annually.
If you use more than one receiving flow  40 CFR..................  GHGs Reported and Production/Throughput     Production/Throughput Quantities and
 meter, report the net total mass of     98.476(c)...............   Quantities and Composition \a\ (CBI).       Composition \a\ (non-CBI).
 CO2 received (metric tons) through all
 flow meters annually.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ These data elements could have also been placed in the ``Greenhouse Gases Reported'' data category because the product is also the GHG reported.

    Summary of Comments.
    This section contains summaries of the significant public comments 
and our responses thereto. Other public comments were also received. 
Response to these comments can be found in ``Confidentiality 
Determinations in the 2012 CBI re-proposals: Responses to Public 
Comments'' in Docket EPA-HQ-OAR-2011-0028 and on the Web site, http://www.epa.gov/climatechange/emissions/CBI.html.
    Comment: One commenter that injects CO2 for ER stated 
that certain data elements related to the quantity of CO2 
received on-site must be protected as CBI. The commenter asserted that 
information on the quantity of CO2 received at individual 
flow meters and the total quantity of CO2 received at a 
facility that conducts ER is not publicly available. The commenter also 
disagreed with the EPA's conclusion that public release of the quantity 
of CO2 received does not create a substantial competitive 
disadvantage for the company. The commenter asserted that, combined 
with publicly available information on CO2 pipeline 
capacities, CO2 suppliers and pipeline transportation 
companies could use data on the quantity of CO2 reported as 
received by specific facilities to their advantage in price 
negotiations on future contracts with the CO2 purchasers 
(i.e., the reporting facilities under subparts RR and UU). The 
commenter stated that this risk is amplified because there are so few 
CO2 suppliers in the market.
    Response: After reviewing the additional information provided by 
the commenter, the EPA agrees that the quantity of CO2 
reported as received on site could be sensitive information. The EPA 
proposed that the data elements related to the quantity of 
CO2 received would not be entitled to CBI protection because 
we believed that none of the data elements on CO2 received 
included information on CO2 prices or contract terms, and 
would not allow a competitor to deduce the reporter's operating costs 
and cause competitive harm. After reviewing this comment and

[[Page 48085]]

publicly available information, the EPA agrees that facilities that 
report under subpart UU and conduct ER activities are likely to 
experience substantial competitive harm if data on CO2 
received were released to the public. As the commenter notes, the 
information on the quantity of CO2 received per flow meter 
or per reporting facility is not publicly available. If this data were 
public, knowledge of a CO2-ER purchaser's demand for 
CO2 could give the CO2 suppliers an unfair 
advantage in price negotiations. In addition, a small number of 
companies supply most of the CO2 to the economy, which 
further exacerbates the CO2-ER purchaser's competitive 
disadvantage. The majority of CO2 sold to ER operations in 
the United States is produced from natural CO2 bearing 
formations. According to Reporting Year 2010 data from the Greenhouse 
Gas Reporting Program, two companies dominated the CO2 
supply market, producing approximately 80 percent of the CO2 
available for purchase from natural CO2 bearing 
formations.\15\
---------------------------------------------------------------------------

    \15\ See www.ghgdata.epa.gov.
---------------------------------------------------------------------------

    In addition to facilities that conduct ER, acid gas operations 
(facilities that separate a CO2 stream during natural gas 
processing and inject it underground) will report under subpart UU. The 
amount of CO2 separated in acid gas operations is reported 
by these facilities under subpart PP. These facilities are allowed to 
report the amount of CO2 received under subpart UU by using 
the amount of CO2 reported under subpart PP, following the 
subpart PP methods and requirements.\16\ This subpart PP data was 
determined to be CBI in the 2011 Final CBI rule. Therefore, the EPA has 
decided to change the confidentiality determination to treat as CBI 12 
subpart UU data elements related to the quantity of CO2 
received (see Table 7 of this preamble for the list of affected data 
elements).
---------------------------------------------------------------------------

    \16\ 40 CFR 98.474(a)(1)(iii) and (a)(3)(iii).
---------------------------------------------------------------------------

    Other than facilities conducting ER or acid gas operations, the 
facilities that must report under subpart UU include facilities that 
have received a Research and Development (R&D) project exemption from 
subpart RR. The EPA notes that data on the quantity of CO2 
received would not be competitively sensitive for facilities that have 
received an R&D project exemption from subpart RR. It is standard 
practice that CO2 that is received by non-ER facilities for 
R&D geologic sequestration projects is wholly injected underground 
without a recycled component. The quantity of CO2 injected 
for these projects is readily available from public sources and thus 
the quantity of CO2 received by these projects is widely 
known.\17\ The EPA has concluded that the disclosure of the amount of 
CO2 received is unlikely to cause competitive harm to 
facilities with a R&D project exemption. Therefore, the EPA is 
finalizing a determination that for the subcategory of subpart UU 
reporters that have received an R&D project exemption from subpart RR, 
the 12 data elements related to CO2 received are not 
eligible for CBI treatment and will not be protected as CBI (see Table 
7 of this preamble for the list of affected data elements).
---------------------------------------------------------------------------

    \17\ For example, see the proceedings of the Department of 
Energy National Energy Technology Laboratory Carbon Storage Program 
Infrastructure Annual Review Meeting.
---------------------------------------------------------------------------

III. Confidentiality Determinations for New Data Elements in Subparts 
II and TT and Responses to Public Comments

    The Technical Corrections final rule, which was issued after the 
2011 Final CBI Rule, added seven new non-input data elements to 
subparts II and TT. Confidentiality determinations for the remainder of 
the data elements in these subparts have already been finalized in the 
2011 Final CBI Rule. Subsequent to the 2011 Final CBI Rule, we proposed 
category assignments and confidentiality determinations for these new 
data elements in the 2012 CBI re-proposal. The EPA did not receive any 
comment on the data category assignments or confidentiality 
determinations for any data elements for which we proposed 
confidentiality determinations for these two subparts in the 2012 CBI 
re-proposal. Thus, the EPA is finalizing confidentiality determinations 
for these new subpart II and TT data elements as proposed. The final 
confidentiality determinations for these new subpart II and TT data 
elements can be found in the memorandum, ``Final Data Category 
Assignments and Confidentiality Determinations for the 2012 Final CBI 
Rule.''

IV. Amendments to Table A-6 and A-7 To Defer Reporting of Certain 
Inputs to Emission Equations in Subparts W, FF and TT

    We are finalizing the proposed amendments made in the Subpart W CBI 
re-proposal to Table A-7 of subpart A, which included amendments to 
address the renumbering of 11 inputs, the addition of 10 new inputs, 
and the deletion of 21 data elements that were re-categorized to other 
data categories because the data elements are not the actual values 
used in the equations. (The deletions recognized, for example, the 
distinction between individual measured values used to calculate 
emissions, which are inputs, and the reported average of these measured 
values, which is not used as an input to emissions equations.) We are 
finalizing these amendments as proposed with the exception that we are 
correcting a typographical error in the Subpart W CBI re-proposal by 
replacing the word ``required'' with ``recovered'' in two entries (40 
CFR 98.236(c)(6)(i)(G) and (H)) for subpart W of Table A-7 of subpart A 
of Part 98. We are finalizing Table A-7 of subpart A with this minor 
wording change in response to public comment and to more accurately 
reflect the actual reporting requirements. As proposed in the Subpart W 
CBI re-proposal, we are deferring the deadline for reporting all 
subpart W inputs until March 31, 2015 to allow sufficient time to: (1) 
Evaluate the extent to which potential competitive harm may result if 
any of the inputs to equations were reported and made publicly 
available; and (2) determine whether emissions can be calculated or 
verified using additional methodologies, consistent with the 
transparency and accuracy goals of Part 98.
    The Technical Corrections final rule added one new subpart TT data 
element that is used as an input to an emission equation (the methane 
correction factor (MCF) value used in the calculations (40 CFR 
98.446(b)(4)). In the 2012 CBI re-proposal, we proposed to assign this 
data element to the inputs to equations category. We also proposed that 
this data element be added to Table A-6 of subpart A to defer its 
reporting to March 31, 2013. We received no comments on the proposal 
described above. The EPA is therefore finalizing the assignment of this 
data element to the ``Inputs to Emission Equations'' data category and 
its addition to Table A-6 of subpart A to require its reporting by 
March 31, 2013.
    The Technical Corrections final rule similarly added two new 
subpart FF data elements that are used as inputs to emission equations:
     Moisture content used in Equation FF-1 and FF-3 (40 CFR 
98.326(o)).
     The gaseous organic concentration correction factor used, 
if Equation FF-9 was required (40 CFR 98.326(o)).
    In the 2012 CBI re-proposal, we proposed to assign these two data 
elements in 98.236(o) to the ``Inputs to Emission Equations'' data 
category and defer their reporting deadline to March 31, 2013. As 
explained in the proposed rule, the paragraph citation for these two 
data elements (40 CFR 98.326(o)) is already included in Table A-6 of 
subpart A deferring the reporting

[[Page 48086]]

deadline until March 31, 2013; therefore, no amendment to Table A-6 of 
subpart A is required to defer their reporting to March 31, 2013. We 
received no public comments on our proposal, and we are finalizing the 
category assignment and deferral of the reporting deadline for these 
two new subpart FF data elements as proposed.
    In the Technical Corrections final rule, we also re-numbered the 
rule citations for three subpart TT data reporting elements. In the 
2012 CBI re-proposal, the EPA proposed to amend Table A-6 of subpart A 
list of paragraph references for subpart TT data elements to reflect 
the revision to the paragraph citations. We did not receive any 
comment, and we are finalizing as proposed the amendments to Table A-6 
of subpart A in this action.

V. Background and Amendments to the Best Available Monitoring Method 
for Subpart I

A. Background

    Following the publication of the final subpart I rule,\18\ an 
industry association requested reconsideration of numerous provisions 
in the final rule. The final amendments in this action are in response 
to the request for reconsideration of the specific provision that 
requires facilities that have been granted extensions to use BAMM to 
recalculate their emissions for the time period for which BAMM was used 
at a later date using methods that are fully compliant with subpart I.
---------------------------------------------------------------------------

    \18\ 75 FR 74774, December 1, 2010.
---------------------------------------------------------------------------

B. Amendments to the Best Available Monitoring Method Provisions for 
Subpart I

    For the reasons explained in Section IV of the subpart I CBI re-
proposal, we are finalizing amendments to the subpart I BAMM 
provisions. These amendments to subpart I eliminate the requirement 
that facilities granted an extension to use BAMM must recalculate and 
resubmit the emissions estimate for the BAMM extension period. The EPA 
received comments in support of these amendments and no comments 
opposing them. Accordingly, we are finalizing as proposed these 
amendments to subpart I.

VI. Statutory and Executive Order Reviews

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

    This action, which finalizes confidentiality determinations for 
data elements in the 9 subparts included in the preamble, finalizes 
amendments to subpart A of Part 98, and removes the requirement that 
facilities that are granted an extension to use BAMM must recalculate 
and resubmit the emissions estimate for the BAMM extension period 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, which finalizes confidentiality determinations for 
data elements in the 9 subparts included in the preamble, finalizes 
amendments to subpart A of Part 98, and removes the requirement that 
facilities that are granted an extension to use BAMM must recalculate 
and resubmit the emissions estimate for the BAMM extension period does 
not impose any new information collection burden and does not increase 
the existing reporting burden. The Office of Management and Budget 
(OMB) has previously approved the information collection requirements 
contained in these subparts, under 40 CFR part 98, under the provisions 
of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The Information 
Collection Request (ICR) documents prepared by the EPA have been 
assigned the following OMB control numbers: 2060-0650, for subparts I, 
DD, and SS; 2060-0651, for subpart W; 2060-0649, for subparts RR and 
UU; and 2060-0647 for subparts FF, II, and TT. The OMB control numbers 
for EPA's regulations in 40 CFR are listed at 40 CFR part 9.

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 rule on small 
entities, a small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of today's final rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. In 
determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of a regulatory flexibility analyses is to identify and 
address regulatory alternatives ``which minimize any significant 
economic impact of the rule on small entities.'' 5 U.S.C. 603,604. 
Thus, an agency may certify that a rule will not have a significant 
economic impact on a substantial number of small entities if the rule 
relieves regulatory burden, has no burden, or otherwise has a positive 
economic effect on all of the small entities subject to the rule. This 
action, which finalizes confidentiality determinations for data 
elements in the 9 subparts included in the preamble, finalizes 
amendments to subpart A of Part 98, and removes the requirement that 
facilities that are granted an extension to use BAMM must recalculate 
and resubmit the emissions estimate for the BAMM extension period does 
not increase the existing reporting burden on small entities. We have 
therefore concluded that today's final rule will relieve or have no 
burden on small entities subject to the rule.

D. Unfunded Mandates Reform Act (UMRA)

    These final rule amendments and confidentiality determinations 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. The amendment to 
subpart I removes the requirement that facilities that are granted an 
extension to use BAMM must recalculate and resubmit the emissions 
estimate for the BAMM extension period and the confidentiality 
determinations are administrative in nature and do not increase the 
costs of compliance for facilities to comply with Part 98. Thus, this 
rule is not subject to the requirements of sections 202 or 205 of the 
UMRA.
    This rule is also not subject to the requirements of section 203 of 
UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. The confidentiality 
determinations for data

[[Page 48087]]

elements that this action finalizes are administrative in nature, and 
this action removes the requirement that facilities that are granted an 
extension to use BAMM must recalculate and resubmit the emissions 
estimate for the BAMM extension period.

E. Executive Order 13132: Federalism

    This action, which finalizes confidentiality determinations for 
data elements in the 9 subparts included in the preamble, finalizes 
amendments to subpart A of Part 98, and removes the requirement that 
facilities that are granted an extension to use BAMM must recalculate 
and resubmit the emissions estimate for the BAMM extension period does 
not have federalism implications. It will not have substantial direct 
effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132. For a more detailed discussion about how Part 
98 relates to existing state programs, please see Section II of the 
preamble to the final Greenhouse Gas Reporting Rule (74 FR 56266, 
October 30, 2009).
    This action applies to suppliers of GHGs and facilities that 
directly emit GHGs above threshold levels. Relatively few government 
facilities are affected by this action since Part 98 applies only to 
government entities that own a facility that directly emits GHGs above 
threshold levels. This action also does not limit the power of states 
or localities to collect GHG data and/or regulate GHG emissions, nor 
does it directly affect the power of states or localities to disclose 
or protect information reported to those states or localities. Thus, 
Executive Order 13132 does not apply to this action.

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

    This action, which finalizes confidentiality determinations for 
data elements in the 9 subparts included in the preamble, finalizes 
amendments to subpart A of Part 98, and removes the requirement that 
facilities that are granted an extension to use BAMM must recalculate 
and resubmit the emissions estimate for the BAMM extension period does 
not have tribal implications, as specified in Executive Order 13175 (65 
FR 67249, November 9, 2000). This action does not increase the 
reporting burden. Thus, Executive Order 13175 does not apply to this 
action. For a summary of the EPA's consultations with tribal 
governments and representatives, see Section VIII.F of the preamble to 
the final Greenhouse Gas Reporting Rule (74 FR 56371, October 30, 
2009).

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, which finalizes confidentiality determinations for 
data elements in the 9 subparts included in the preamble, finalizes 
amendments to subpart A of Part 98, and removes the requirement that 
facilities that are granted an extension to use BAMM must recalculate 
and resubmit the emissions estimate for the BAMM extension period is 
not subject to Executive Order 13211 (66 FR 28355, May 22, 2001), 
because it is not a significant regulatory action under Executive Order 
12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs 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.
    This final action, which finalizes confidentiality determinations 
for data elements in the 9 subparts included in the preamble, finalizes 
amendments to subpart A of Part 98, and removes the requirement that 
facilities that are granted an extension to use BAMM must recalculate 
and resubmit the emissions estimate for the BAMM extension period does 
not add any new technical standards or revise any existing technical 
standards included in Part 98. 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 this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations. This final rule does not 
affect the level of protection provided to human health or the 
environment because it addresses information collection and reporting 
procedures.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996 (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 United 
States prior to publication 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). Therefore, this rule will be effective on September 12, 2012, 
except for the amendments to Tables A-6 and A-7 of 40 CFR part 98 
subpart A and the amendments to 40 CFR part 98 subpart I (section 
98.94(a)(2)(iii), (a)(3)(iii), and (a)(4)(iii), which are effective on 
August 13, 2012.

List of Subjects in 40 CFR Part 98

    Environmental protection, Administrative practice and procedure,

[[Page 48088]]

Greenhouse gases, Reporting and recordkeeping requirements.

    Dated: August 2, 2012.
Lisa P. Jackson,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, of the 
Code of Federal Regulations is amended as follows:

PART 98--[AMENDED]

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

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

Subpart A--[Amended]

0
2. Table A-6 to subpart A of Part 98 is amended by revising the entries 
for subpart TT to read as follows:

   Table A-6 to Subpart A of Part 98--Data Elements That Are Inputs to
  Emission Equations and for Which the Reporting Deadline Is March 31,
                                  2013
------------------------------------------------------------------------
                                                 Specific data elements
                                                for which reporting date
                                                   is March 31, 2013
                        Rule citation (40 CFR   (``All'' means all data
        Subpart                part 98)          elements in the cited
                                                   paragraph are not
                                                required to be reported
                                                 until March 31, 2013)
------------------------------------------------------------------------
 
                              * * * * * * *
TT....................  98.466(a)(2).........  All.
TT....................  98.466(a)(3).........  Only last year the
                                                landfill accepted waste
                                                (for closed landfills
                                                using Equation TT-4).
TT....................  98.466(a)(4).........  Only capacity of the
                                                landfill in metric tons
                                                (for closed landfills
                                                using Equation TT-4).
TT....................  98.466(b)(3).........  Only fraction of CH4 in
                                                landfill gas.
TT....................  98.466(b)(4).........  Only the methane
                                                correction factor (MCF)
                                                value used in the
                                                calculations.
TT....................  98.466(c)(1).........  All.
TT....................  98.466(c)(4)(i)......  All.
TT....................  98.466(c)(4)(ii).....  All.
TT....................  98.466(c)(4)(iii)....  All.
TT....................  98.466(d)(2).........  All.
TT....................  98.466(d)(3).........  Only degradable organic
                                                carbon (DOCx) value used
                                                in calculations.
TT....................  98.466(e)(2).........  Only surface area (in
                                                square meters) at the
                                                start of the reporting
                                                year for the landfill
                                                sections that contain
                                                waste and that are
                                                associated with the
                                                selected cover type (for
                                                facilities using a
                                                landfill gas collection
                                                system).
TT....................  98.466(f)............  All.
------------------------------------------------------------------------


0
3. Table A-7 to subpart A of Part 98 is amended by revising the entries 
for subpart W to read as follows:


    Table A-7 to Subpart A of Part 98--Data Elements That Are Inputs to Emission Equations and for Which the
                                      Reporting Deadline Is March 31, 2015
----------------------------------------------------------------------------------------------------------------
                                               Specific Data Elements for Which Reporting Date is March 31, 2015
        Subpart         Rule Citation (40 CFR   (``All'' means all data elements in the cited paragraph are not
                               part 98)                  required to be reported until March 31, 2015)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
W.....................  98.236(c)(1)(i)......  All.
W.....................  98.236(c)(1)(ii).....  All.
W.....................  98.236(c)(1)(iii)....  All.
W.....................  98.236(c)(2)(i)......  All.
W.....................  98.236(c)(3)(i)......  All.
W.....................  98.236(c)(3)(ii).....  Only Calculation Methodology 2.
W.....................  98.236(c)(3)(iii)....  All.
W.....................  98.236(c)(3)(iv).....  All.
W.....................  98.236(c)(4)(i)(A)...  All.
W.....................  98.236(c)(4)(i)(B)...  All.
W.....................  98.236(c)(4)(i)(C)...  All.
W.....................  98.236(c)(4)(i)(D)...  All.
W.....................  98.236(c)(4)(i)(E)...  All.
W.....................  98.236(c)(4)(i)(F)...  All.
W.....................  98.236(c)(4)(i)(G)...  All.
W.....................  98.236(c)(4)(i)(H)...  All.
W.....................  98.236(c)(4)(ii)(A)..  All.
W.....................  98.236(c)(5)(i)(D)...  All.
W.....................  98.236(c)(5)(ii)(C)..  All.
W.....................  98.236(c)(6)(i)(B)...  All.
W.....................  98.236(c)(6)(i)(D)...  All.
W.....................  98.236(c)(6)(i)(E)...  All.
W.....................  98.236(c)(6)(i)(F)...  All.
W.....................  98.236(c)(6)(i)(G)...  Only the amount of natural gas required.
W.....................  98.236(c)(6)(i)(H)...  Only the amount of natural gas required.
W.....................  98.236(c)(6)(ii)(A)..  All.

[[Page 48089]]

 
W.....................  98.236(c)(6)(ii)(B)..  All.
W.....................  98.236(c)(7)(i)(A)...  Only for Equation W-14A.
W.....................  98.236(c)(8)(i)(F)...  All.
W.....................  98.236(c)(8)(i)(K)...  All.
W.....................  98.236(c)(8)(ii)(A)..  All.
W.....................  98.236(c)(8)(ii)(H)..  All.
W.....................  98.236(c)(8)(iii)(A).  All.
W.....................  98.236(c)(8)(iii)(B).  All.
W.....................  98.236(c)(8)(iii)(G).  All.
W.....................  98.236(c)(12)(ii)....  All.
W.....................  98.236(c)(12)(v).....  All.
W.....................  98.236(c)(13)(i)(E)..  All.
W.....................  98.236(c)(13)(i)(F)..  All.
W.....................  98.236(c)(13)(ii)(A).  All.
W.....................  98.236(c)(13)(ii)(B).  All.
W.....................  98.236(c)(13)(iii)(A)  All.
W.....................  98.236(c)(13)(iii)(B)  All.
W.....................  98.236(c)(13)(v)(A)..  All.
W.....................  98.236(c)(14)(i)(B)..  All.
W.....................  98.236(c)(14)(ii)(A).  All.
W.....................  98.236(c)(14)(ii)(B).  All.
W.....................  98.236(c)(14)(iii)(A)  All.
W.....................  98.236(c)(14)(iii)(B)  All.
W.....................  98.236(c)(14)(v)(A)..  All.
W.....................  98.236(c)(15)(ii)(A).  All.
W.....................  98.236(c)(15)(ii)(B).  All.
W.....................  98.236(c)(16)(viii)..  All.
W.....................  98.236(c)(16)(ix)....  All.
W.....................  98.236(c)(16)(x).....  All.
W.....................  98.236(c)(16)(xi)....  All.
W.....................  98.236(c)(16)(xii)...  All.
W.....................  98.236(c)(16)(xiii)..  All.
W.....................  98.236(c)(16)(xiv)...  All.
W.....................  98.236(c)(16)(xv)....  All.
W.....................  98.236(c)(16)(xvi)...  All.
W.....................  98.236(c)(17)(ii)....  All.
W.....................  98.236(c)(17)(iii)...  All.
W.....................  98.236(c)(17)(iv)....  All.
W.....................  98.236(c)(18)(i).....  All.
W.....................  98.236(c)(18)(ii)....  All.
W.....................  98.236(c)(19)(iv)....  All.
W.....................  98.236(c)(19)(vii)...  All.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart I--[Amended]

0
4. Section 98.94 is amended by revising paragraphs (a)(2)(iii), 
(a)(3)(iii), and (a)(4)(iii) to read as follows:


Sec.  98.94  Monitoring and QA/QC requirements.

    (a) * * *
    (2) * * *
    (iii) Approval criteria. To obtain approval, the owner or operator 
must demonstrate to the Administrator's satisfaction that by July 1, 
2011, it is not reasonably feasible to acquire, install, or operate the 
required piece of monitoring equipment, or procure necessary 
measurement services to comply with the requirements of this subpart.
    (3) * * *
    (iii) Approval criteria. To obtain approval, the owner or operator 
must demonstrate to the Administrator's satisfaction that by December 
31, 2011 it is not reasonably feasible to acquire, install, or operate 
the required piece of monitoring equipment or procure necessary 
measurement services to comply with the requirements of this subpart.
    (4) * * *
    (iii) Approval criteria. To obtain approval, the owner or operator 
must demonstrate to the Administrator's satisfaction that by December 
31, 2011 (or in the case of facilities that are required to calculate 
and report emissions in accordance with Sec.  98.93(a)(2)(ii)(A), 
December 31, 2012), it is not reasonably feasible to acquire, install, 
or operate the required piece of monitoring equipment according to the 
requirements of this subpart.
* * * * *
[FR Doc. 2012-19559 Filed 8-10-12; 8:45 am]
BILLING CODE 6560-50-P