[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Proposed Rules]
[Pages 2536-2625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32753]



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Vol. 81

Friday,

No. 10

January 15, 2016

Part IV





Environmental Protection Agency





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40 CFR Part 98





2015 Revisions and Confidentiality Determinations for Data Elements 
Under the Greenhouse Gas Reporting Rule; Proposed Rule

  Federal Register / Vol. 81 , No. 10 / Friday, January 15, 2016 / 
Proposed Rules  

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2015-0526; FRL-9934-93-OAR]
RIN 2060-AS60


2015 Revisions and Confidentiality Determinations for Data 
Elements Under the Greenhouse Gas Reporting Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; grant of reconsideration.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
amend specific provisions in the Greenhouse Gas Reporting Rule to 
streamline and improve implementation of the rule, to improve the 
quality and consistency of the data collected under the rule, and to 
clarify or provide minor updates to certain provisions that have been 
the subject of questions from reporting entities. This action also 
proposes confidentiality determinations for the reporting of certain 
data elements to the program. This action also proposes action in 
response to a petition to reconsider specific aspects of the Greenhouse 
Gas Reporting Rule.

DATES: Comments must be received on or before February 29, 2016.
    Public hearing. The EPA does not plan to conduct a public hearing 
unless requested. To request a hearing, please contact the person 
listed in the following FOR FURTHER INFORMATION CONTACT section by 
January 20, 2016. If requested, the hearing will be conducted on 
February 1, 2016, in the Washington, DC area. The EPA will provide 
further information about the hearing on its Web site (http://www.epa.gov/ghgreporting/index.html) if a hearing is requested.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2015-0526, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. The 
EPA may publish any comment received to its public docket. Do not 
submit electronically any information you consider to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e. on the web, 
cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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]. Alternatively, you may contact the Greenhouse Gas 
Reporting Rule Helpline at: http://www.epa.gov/climatechange/emissions/ghgrule_contactus.htm or Carole Cook at 202-343-9263.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's proposal will also be available through 
the WWW. Following the Administrator's signature, a copy of this action 
will be posted on the EPA's Greenhouse Gas Reporting Rule Web site at 
http://www.epa.gov/ghgreporting.

SUPPLEMENTARY INFORMATION: Regulated entities. These proposed revisions 
affect entities that must submit annual greenhouse gas (GHG) reports 
under the Greenhouse Gas Reporting Program (GHGRP) (40 CFR part 98). 
This proposed rule would impose on entities across the U.S. a degree of 
reporting consistency for Greenhouse Gas Emissions from most sectors of 
the economy and therefore is ``nationally applicable'' within the 
meaning of section 307(b)(1) of the Clean Air Act (CAA). Although the 
EPA concludes that the rule is nationally applicable, the EPA is also 
making a determination, for purposes of CAA section 307(b)(1), that 
this action is of nationwide scope and effect and is based on such a 
determination. (See CAA section 307(b)(1) (a petition for review may be 
filed in the United States Court of Appeals for the District of 
Columbia ``if such action is based on a determination of nationwide 
scope or effect and if in taking such action the Administrator finds 
and publishes that such action is based on such a determination''). 
Further, the Administrator has determined that rules codified in 40 CFR 
part 98 are subject to the provisions of Clean Air Act (CAA) section 
307(d). See CAA section 307(d)(1)(V) (the provisions of section 307(d) 
apply to ``such other actions as the Administrator may determine''). 
These are proposed amendments to existing regulations. If finalized, 
these amended regulations would affect owners or operators of certain 
suppliers and direct emitters of GHGs. Regulated categories and 
entities include, but are not limited to, those listed in Table 1 of 
this preamble:

           Table 1--Examples of Affected Entities by Category
------------------------------------------------------------------------
                                                    Examples of affected
             Category                   NAICS            facilities
------------------------------------------------------------------------
General Stationary Fuel            ...............  Facilities operating
 Combustion Sources.                                 boilers, process
                                                     heaters,
                                                     incinerators,
                                                     turbines, and
                                                     internal combustion
                                                     engines.
                                               211  Extractors of crude
                                                     petroleum and
                                                     natural gas.
                                               321  Manufacturers of
                                                     lumber and wood
                                                     products.
                                               322  Pulp and paper
                                                     mills.
                                               325  Chemical
                                                     manufacturers.
                                               324  Petroleum
                                                     refineries, and
                                                     manufacturers of
                                                     coal products.
                                     316, 326, 339  Manufacturers of
                                                     rubber and
                                                     miscellaneous
                                                     plastic products.
                                               331  Steel works, blast
                                                     furnaces.
                                               332  Electroplating,
                                                     plating, polishing,
                                                     anodizing, and
                                                     coloring.
                                               336  Manufacturers of
                                                     motor vehicle parts
                                                     and accessories.
                                               221  Electric, gas, and
                                                     sanitary services.
                                               622  Health services.
                                               611  Educational
                                                     services.
Acid Gas Injection Projects......        211111 or  Projects that inject
                                            211112   acid gas containing
                                                     CO2 underground.

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Adipic Acid Production...........           325199  Adipic acid
                                                     manufacturing
                                                     facilities.
Aluminum Production..............           331312  Primary aluminum
                                                     production
                                                     facilities.
Ammonia Manufacturing............           325311  Anhydrous and
                                                     aqueous ammonia
                                                     manufacturing
                                                     facilities.
CO2 Enhanced Oil and Gas Recovery              211  Oil and gas
 Projects.                                           extraction projects
                                                     using CO2 enhanced
                                                     oil and gas
                                                     recovery.
Electrical Equipment Use.........           221121  Electric bulk power
                                                     transmission and
                                                     control facilities.
Electronics Manufacturing........           334111  Microcomputers
                                                     manufacturing
                                                     facilities.
                                            334413  Semiconductor,
                                                     photovoltaic (solid-
                                                     state) device
                                                     manufacturing
                                                     facilities.
                                            334419  LCD unit screens
                                                     manufacturing
                                                     facilities. MEMS
                                                     manufacturing
                                                     facilities.
Geologic Sequestration Sites.....              N/A  CO2 geologic
                                                     sequestration
                                                     projects.
Glass Production.................           327211  Flat glass
                                                     manufacturing
                                                     facilities.
                                            327213  Glass container
                                                     manufacturing
                                                     facilities.
                                            327212  Other pressed and
                                                     blown glass and
                                                     glassware
                                                     manufacturing
                                                     facilities.
HCFC-22 Production and HFC-23               325120  Chlorodifluoromethan
 Destruction.                                        e manufacturing
                                                     facilities
Hydrogen Production..............           325120  Hydrogen
                                                     manufacturing
                                                     facilities.
Iron and Steel Production........           331111  Integrated iron and
                                                     steel mills, steel
                                                     companies, sinter
                                                     plants, blast
                                                     furnaces, basic
                                                     oxygen process
                                                     furnace shops.
Lime Production..................           327410  Calcium oxide,
                                                     calcium hydroxide,
                                                     dolomitic hydrates
                                                     manufacturing
                                                     facilities.
Nitric Acid Production...........           325311  Nitric acid
                                                     manufacturing
                                                     facilities.
Petrochemical Production.........            32511  Ethylene dichloride
                                                     manufacturing
                                                     facilities.
                                            325199  Acrylonitrile,
                                                     ethylene oxide,
                                                     methanol
                                                     manufacturing
                                                     facilities.
                                            325110  Ethylene
                                                     manufacturing
                                                     facilities.
                                            325182  Carbon black
                                                     manufacturing
                                                     facilities.
Phosphoric Acid Production.......           325312  Phosphoric acid
                                                     manufacturing
                                                     facilities.
Petroleum Refineries.............           324110  Petroleum
                                                     refineries.
Pulp and Paper Manufacturing.....           322110  Pulp mills.
                                            322121  Paper mills.
                                            322130  Paperboard mills.
Municipal Solid Waste Landfills..           562212  Solid waste
                                                     landfills.
                                            221320  Sewage treatment
                                                     facilities.
Soda Ash Manufacturing...........           325181  Akalies and chlorine
                                                     manufacturing
                                                     facilities.
                                            212391  Soda ash, natural,
                                                     mining and/or
                                                     beneficiation.
Suppliers of Coal Based Liquids             211111  Coal liquefaction at
 Fuels.                                              mine sites.
Suppliers of Petroleum Products..           324110  Petroleum
                                                     refineries.
Suppliers of Natural Gas and NGLs           221210  Natural gas
                                                     distribution
                                                     facilities.
                                            211112  Natural gas liquid
                                                     extraction
                                                     facilities.
Suppliers of Industrial                     325120  Industrial gas
 Greenhouse Gases.                                   manufacturing
                                                     facilities.
Suppliers of Carbon Dioxide......           325120  Industrial gas
                                                     manufacturing
                                                     facilities.
Underground Coal Mines...........           212113  Underground
                                                     anthracite coal
                                                     mining operations.
                                            212112  Underground
                                                     bituminous coal
                                                     mining operations.
Industrial Wastewater Treatment..           322110  Pulp mills.
                                            322121  Paper mills.
                                            322122  Newsprint mills.
                                            322130  Paperboard mills.
                                            311611  Meat processing
                                                     facilities.
                                            311411  Frozen fruit, juice,
                                                     and vegetable
                                                     manufacturing
                                                     facilities.
                                            311421  Fruit and vegetable
                                                     canning facilities.
                                            325193  Ethanol
                                                     manufacturing
                                                     facilities.
                                            324110  Petroleum
                                                     refineries.
Industrial Waste Landfills.......           562212  Solid waste
                                                     landfills.
                                            221320  Sewage treatment
                                                     facilities.
                                            322110  Pulp mills.
                                            322121  Paper mills.
                                            322122  Newsprint mills.
                                            322130  Paperboard mills.
                                            311611  Meat processing
                                                     facilities.
                                            311411  Frozen fruit, juice
                                                     and vegetable
                                                     manufacturing
                                                     facilities.
                                            311421  Fruit and vegetable
                                                     canning facilities.
------------------------------------------------------------------------

    Table 1 of this preamble is not intended to be exhaustive, but 
rather provides a guide for readers regarding facilities likely to be 
affected by this action. Other types of facilities than those listed in 
the table could also be subject to reporting requirements. To determine 
whether you are affected by this action, you should carefully examine 
the applicability criteria found in 40 CFR part 98, subpart A or the 
relevant criteria in the sections related to industrial gas suppliers 
and direct emitters of GHGs. If you have questions regarding the 
applicability of this action

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to a particular facility, consult the person listed in the preceding 
FOR FURTHER INFORMATION CONTACT section. Many facilities that are 
affected by 40 CFR part 98 have GHG emissions from multiple source 
categories listed in Table 1 of this preamble.
    Acronyms and Abbreviations. The following acronyms and 
abbreviations are used in this document.

ASTM American Society for Testing and Materials
CAA Clean Air Act
CAS Chemical Abstracts Service
CBI confidential business information
CEMS continuous emission monitoring system
CFR Code of Federal Regulations
CH4 methane
CO2 carbon dioxide
CO2e carbon dioxide equivalent
DE destruction efficiency
EDC ethylene dichloride
e-GGRT electronic Greenhouse Gas Reporting Tool
EF emission factor
EGU NSPS Standards of Performance for Greenhouse Gas Emissions from 
New, Modified, and Reconstructed Stationary Sources: Electric 
Utility Generating Units
EIA Energy Information Administration
EO Executive Order
ER enhanced oil and gas recovery
EPA U.S. Environmental Protection Agency
FR Federal Register
GHG greenhouse gas
GHGRP Greenhouse Gas Reporting Program
GWP Global warming potential
Hg mercury
HHV high heat value
ICR Information Collection Request
IPCC Intergovernmental Panel on Climate Change
ISBN International Standard Book Number
IUPAC International Union of Pure and Applied Chemistry
IVT Inputs Verification Tool
kg kilograms
LDC local distribution company
LNG liquefied natural gas
mmBtu/hr million British thermal units per hour
mmcfd million cubic feet per day
MSHA Mine Safety and Health Administration
MSW municipal solid waste
mtCO2e metric tons of CO2 equivalents
N2O nitrous oxide
NGL natural gas liquid
NAICS North American Industry Classification System
OAQPS Office of Air Quality Planning and Standards
ODS ozone-depleting substances
OMB Office of Management and Budget
PRA Paperwork Reduction Act
PFC perfluorocarbon
QA/QC quality assurance/quality control
RFA Regulatory Flexibility Act
RY Reporting year
SF6 Sulfur hexafluoride
UIC Underground Injection Control
U.S. United States
UMRA Unfunded Mandates Reform Act of 1995
VCM vinyl chloride monomer

Table of Contents

I. Background
    A. How is this preamble organized?
    B. Executive Summary
    C. Background on This Proposed Rule
    D. Legal Authority
    E. When would the proposed amendments apply?
    F. Where can I get a copy of information related to the proposed 
rule?
    G. Methods Incorporated by Reference
II. Overview and Rationale for Proposed Amendments to Part 98
    A. Revisions To Streamline Implementation of Part 98
    B. Revisions To Improve the Quality of Data Collected Under Part 
98 and Improve the U.S. GHG Inventory
    C. Other Amendments
    D. Minor Corrections, Clarifications, and Harmonizing Revisions
III. Proposed Amendments to Each Subpart
    A. Subpart A--General Provisions
    B. Subpart C--General Stationary Fuel Combustion Sources
    C. Subpart E--Adipic Acid Production
    D. Subpart F--Aluminum Production
    E. Subpart G--Ammonia Manufacturing
    F. Subpart I--Electronics Manufacturing
    G. Subpart N--Glass Production
    H. Subpart O--HCFC-22 Production and HFC-23 Destruction
    I. Subpart Q--Iron and Steel Production
    J. Subpart S--Lime Manufacturing
    K. Subpart V--Nitric Acid Production
    L. Subpart X--Petrochemical Production
    M. Subpart Y--Petroleum Refineries
    N. Subpart Z--Phosphoric Acid Production
    O. Subpart AA--Pulp and Paper Manufacturing
    P. Subpart CC--Soda Ash Manufacturing
    Q. Subpart DD--Use of Electric Transmission and Distribution 
Equipment
    R. Subpart FF--Underground Coal Mines
    S. Subpart HH--Municipal Solid Waste Landfills
    T. Subpart II--Industrial Wastewater Treatment
    U. Subpart LL--Suppliers of Coal-based Liquid Fuels
    V. Subpart NN--Suppliers of Natural Gas and Natural Gas Liquids
    W. Subpart OO--Suppliers of Industrial Greenhouse Gases
    X. Subpart RR--Geologic Sequestration of Carbon Dioxide
    Y. Subpart TT--Industrial Waste Landfills
    Z. Other Minor Revisions, Clarifications, and Corrections
IV. Proposed Confidentiality Determinations for New or Changed Data 
Reporting Elements
    A. Overview and Background
    B. Approach to Proposed Confidentiality Determinations
    C. Proposed Confidentiality Determinations for New or 
Substantially Revised Data Reporting Elements
    D. Proposed Confidentiality Determinations for Other Part 98 
Data Reporting Elements for Which No Determination Has Been 
Previously Established
    E. Proposed Revised Confidentiality Determination for Subpart NN 
Data Elements
    F. Request for Comments on Proposed Category Assignments and 
Confidentiality Determinations
V. Impacts of the Proposed Amendments
    A. How was the incremental burden of the proposed rule 
estimated?
    B. Additional Impacts of the Proposed Revisions to Part 98
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 (PRA)
    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

I. Background

A. How is this preamble organized?

    The first section of this preamble contains background information 
regarding the origin of the proposed amendments. This section also 
discusses the EPA's legal authority under the CAA to promulgate 
(including subsequent amendments to) the Greenhouse Gas Reporting Rule, 
codified at 40 CFR part 98 (hereinafter referred to as ``Part 98'') and 
the EPA's legal authority to make confidentiality determinations for 
new or revised data elements required by this amendment or for existing 
data elements for which a confidentiality determination has not 
previously been proposed. Section I of this preamble also discusses 
when the proposed amendments would apply and provides additional 
information regarding materials referenced in this rulemaking. Section 
II of this preamble describes the types of amendments included in this 
rulemaking, and includes the rationale for each type of proposed 
change. Section III of this preamble is organized by Part 98 subpart 
and contains detailed information on the proposed revisions to each 
subpart and the rationale for the proposed revisions in each section. 
Section IV of this preamble discusses the proposed confidentiality 
determinations for new or substantially

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revised (i.e., requiring additional or different data to be reported) 
data reporting elements, as well as proposed confidentiality 
determinations for certain existing data elements in subparts I, Z, MM, 
NN, PP, and RR for which the EPA has not previously made a 
determination or where the EPA has determined that the current 
determination is no longer appropriate. Section V of this preamble 
discusses the impacts of the proposed amendments. Finally, section VI 
of this preamble describes the statutory and executive order 
requirements applicable to this action.

B. Executive Summary

    The GHGRP is a well-known, reliable source for high-quality, timely 
greenhouse gas emissions data that enables key stakeholders to 
understand greenhouse gas emissions, identify emission reduction 
opportunities, and take action. Since the first year of data collection 
through the GHGRP, the EPA has responded to tens of thousands of 
questions from reporters, engaged in stakeholder outreach through 
compliance assistance webinars, solicited feedback via a public testing 
process to help improve the EPA's electronic Greenhouse Gas Reporting 
Tool (e-GGRT), and learned about various site specific scenarios via 
interaction with reporters during the verification of submitted data. 
Through these extensive outreach efforts, the EPA has improved our 
understanding of the technical challenges and burden associated with 
implementation of the Part 98 provisions, as well as issues that may 
impact the quality of the data received. The proposed changes would 
amend specific provisions in the Greenhouse Gas Reporting Rule to 
streamline and improve implementation of the rule, improve the quality 
and consistency of the data collected under the rule, and clarify or 
provide minor updates to certain provisions that have been the subject 
of questions and feedback from reporting entities.
    The EPA is proposing amendments that can be categorized as follows:
     Revisions to streamline implementation and reduce burden. 
These changes reduce or simplify requirements in a manner that would 
ease burden on reporters and the EPA. The changes would also improve 
the usefulness of data for the public. Such revisions include revising 
requirements to focus EPA and reporter resources on relevant data, 
removing reporting requirements for specific facilities that report 
little to no emissions, or removing reported data elements that are no 
longer necessary.
     Amendments to improve quality of data. These amendments 
are needed to ensure that accurate data are being collected under the 
rule and would expand monitoring or reporting requirements that are 
necessary to improve verification and improve the accuracy of data used 
to inform the Inventory of U.S. Greenhouse Gas Emissions and Sinks 
(hereafter referred to as the ``U.S. GHG Inventory'').
     Minor amendments to better reflect industry processes and 
emissions. Such revisions include amendments to calculation, 
monitoring, or measurement methods that would address prior petitioner 
or commenter concerns (e.g., amendments that provide additional 
flexibility for facilities or that more accurately reflect industry 
processes and emissions).
     Minor clarifications and corrections to improve 
understanding of the rule. Such revisions include the following: 
Corrections to errors in terms and definitions in certain equations; 
clarifications that provide additional information for reporters to 
better or more fully understand compliance obligations; changes to 
correct cross references within and between subparts; and other 
editorial or harmonizing changes that would improve the public's 
understanding of the rule.
    This action also proposes to establish confidentiality 
determinations for the reporting of certain data elements added or 
revised in these proposed amendments, and for certain existing data 
elements for which no confidentiality determination has been previously 
proposed.\1\ Finally, section III.S of this preamble describes the 
proposed changes in response to a petition to reconsider specific 
aspects of subpart HH, which applies to municipal solid waste 
landfills.
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    \1\ During the development of Part 98, the EPA received a number 
of comments from stakeholders regarding their concern that some of 
the data reported consisted of confidential business information 
that, if released to the public, would likely harm their competitive 
position. The EPA has subsequently published a series of notices to 
establish determinations for the confidentiality status of data 
required to be reported under the GHGRP (i.e., ``confidentiality 
determinations''). See section IV.A of this preamble for additional 
information.
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    The proposed revisions are anticipated to increase burden for Part 
98 reporters in cases where they would expand current applicability, 
monitoring, or reporting, and are anticipated to decrease burden for 
reporters in cases where they would streamline Part 98 to remove 
notification or reporting requirements or simplify the data that must 
be reported. The estimated incremental change in burden from the 
proposed amendments to Part 98 includes burden associated with: (1) 
Changes to the reporting requirements by adding, revising, or removing 
existing reporting requirements; (2) revisions to the applicability of 
subparts such that additional facilities would be required to report; 
and (3) additional monitoring requirements for underground coal mines. 
Many of the amendments that the EPA is proposing in this action are not 
anticipated to have a significant impact on burden. As discussed in 
section I.E of this preamble, we are proposing to implement these 
changes over reporting years 2016, 2017, and 2018 in order to stagger 
the implementation of these changes over time. The burden has 
subsequently been determined based on when the proposed revisions would 
be implemented in each year (e.g., the burden for RY2016 only reflects 
changes to subparts I (Electronics Manufacturing) and HH (Municipal 
Solid Waste Landfills), and related changes to subpart A (General 
Provisions)). The EPA determined that one-time implementation costs 
would apply for certain revisions to applicability and monitoring 
requirements that would first apply in reporting year (RY) 2017 and 
RY2018; therefore, we have estimated costs through RY2019 to reflect 
the subsequent annual costs incurred by industry. As more fully 
explained in section V of this preamble, the EPA has determined that 
the total estimated incremental burden associated with all revisions in 
this proposed rulemaking would be $2,049,478 over the 3 years covered 
by the proposed rule, with an estimated annual burden of $1,081,830 per 
year once all changes have been implemented. The incremental 
implementation costs for each reporting year are summarized in Table 2 
of this preamble.

[[Page 2540]]



                            Table 2--Incremental Burden for Reporting Years 2016-2019
                                                    [$/year]
----------------------------------------------------------------------------------------------------------------
               Reporting year                       2016             2017             2018             2019
----------------------------------------------------------------------------------------------------------------
Total Annual Cost (all subparts)............             $9K             $34K            $2.0M            $1.1M
----------------------------------------------------------------------------------------------------------------

C. Background on This Proposed Rule

    The GHG Reporting Rule was published in the Federal Register on 
October 30, 2009 (74 FR 56260). The final rule became effective on 
December 29, 2009 and requires reporting of GHGs from various 
facilities and suppliers, consistent with the 2008 Consolidated 
Appropriations Act.\2\
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    \2\ Consolidated Appropriations Act, 2008, Public Law 110-161, 
121 Stat. 1844, 2128.
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    The EPA subsequently proposed and finalized amendments to various 
subparts, including subparts in this action. The amendments generally 
did not change the basic requirements of Part 98, but were intended to 
improve clarity and ensure consistency across the calculation, 
monitoring, and data reporting requirements. The EPA issued additional 
rules in 2010 finalizing the requirements for subparts T, FF, II, and 
TT (75 FR 39736, July 12, 2010); subparts I, L, DD, QQ, and SS (75 FR 
74774, December 1, 2010); and subparts RR and UU (75 FR 75060, December 
1, 2010). Following the promulgation of these subparts, the EPA 
finalized several technical and clarifying amendments to these and 
other subparts under the GHGRP. A number of subparts have been revised 
since promulgation (75 FR 79092, December 17, 2010; 76 FR 73866, 
November 29, 2011; 77 FR 10373, February 22, 2012; 77 FR 29935, May 21, 
2012; 77 FR 51477, August 24, 2012; 78 FR 68162, November 13, 2013; 78 
FR 71904, November 29, 2013; 79 FR 63750, October 24, 2014; and 79 FR 
73750, December 11, 2014). The amendments in this action are a 
continuation of the effort to improve the GHGRP and address issues 
identified during implementation.

D. Legal Authority

    The EPA is proposing these rule amendments under its existing CAA 
authority provided in CAA section 114. As stated in the preamble to the 
2009 final GHG reporting rule (74 FR 56260), CAA section 114(a)(1) 
provides the EPA broad authority to require the information proposed to 
be gathered by this rule because such data would inform and are 
relevant to the EPA's carrying out a wide variety of CAA provisions. 
See the preambles to the proposed and final GHG reporting rule for 
further information.
    In addition, the EPA is proposing confidentiality determinations 
for proposed new, revised, and existing data elements in Part 98 under 
its authorities provided in sections 114, 301, and 307 of the CAA. 
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 proposed rule is subject to 
the provisions of section 307(d) of the CAA. Generally section 307(d) 
contains a set of procedures relating to the issuance and review of 
certain enumerated CAA rules.

E. When would the proposed amendments apply?

    In this action, the EPA is proposing: (1) Numerous amendments to 
Part 98 including subpart-specific revisions that would streamline 
implementation of Part 98, improve the quality of the data collected 
under the rule, update certain provisions to more accurately reflect 
industry processes and emissions, and other corrections, as described 
in sections II and III of this preamble; and (2) new or revised 
confidentiality determinations for data elements that are added or 
revised in the proposed amendments or for certain existing data 
elements, as described in section IV of this preamble. The EPA is 
planning to phase in implementation of the proposed requirements 
depending on the nature of the revision. Some of the amendments would 
apply in RY2016, some in RY2017, and some in RY2018. This section 
describes when each of the proposed amendments would apply.
    We are proposing that amendments to 40 CFR part 98, subparts I 
(Electronics Manufacturing) and HH (Municipal Solid Waste Landfills), 
with related revisions to subpart A (General Provisions), would apply 
to the RY2016 reports, which must be submitted by March 31, 2017. The 
remaining amendments proposed in this action would apply to annual 
reports submitted for RY2017, except for amendments to V (Nitric Acid 
Production), Y (Petroleum Refineries), FF (Underground Coal Mines) and 
OO (Suppliers of Industrial Greenhouse Gases) which would apply to 
reports for RY2018.
    We are proposing to implement these revisions over reporting years 
2016, 2017, and 2018 in order to stagger the implementation of these 
changes over time, in consideration of the types of changes being made 
and the associated revisions needed to implement them, including 
impacts to reporters and revisions to EPA's e-GGRT. Specifically, some 
of the proposed changes include revisions to software that would need 
to be updated in e-GGRT. The time phasing also allows sufficient lead 
time for reporters to implement the proposed changes following the 
promulgation of the final rule revisions. For example, where the 
proposed changes would require reporters to collect new data that are 
not readily available or that could not be determined from existing 
monitoring and recordkeeping, the EPA would not apply these changes to 
RY2016 reports. The proposed schedule also provides sufficient time for 
new reporters who would become subject to Part 98 as a result of the 
proposed amendments to acquire monitoring equipment and begin 
collecting data. The amendments that would apply to RY2016, RY2017, and 
RY2018 reports are discussed in sections I.E.1, I.E.2, and I.E.3 of 
this preamble.
1. Which proposed amendments would apply beginning with RY2016?
    Table 3 of this preamble lists the affected subparts and proposed 
changes that would apply to RY2016.

[[Page 2541]]



        Table 3--Proposed Changes to Part 98 Applicable to RY2016
------------------------------------------------------------------------
          Subpart affected \a\             Changes applicable in RY2016
------------------------------------------------------------------------
A--General Provisions..................  40 CFR 98.6 (definition of
                                          ``Gas collection system or
                                          landfill gas collection
                                          system'' only).
I--Electronics Manufacturing...........  All proposed changes in
                                          subpart.
HH--Municipal Solid Waste Landfills....  All proposed changes in
                                          subpart.
------------------------------------------------------------------------
\a\ Subpart names may also be found in the Table of Contents for this
  preamble.

    We are proposing that all changes to subparts I and HH, and minor 
revisions to subpart A, would apply to reports for RY2016, which must 
be submitted by March 31, 2017. For subpart I, we are proposing several 
revisions that would improve the quality of the data collected. For 
example, we are proposing to revise the requirements of the technology 
triennial report in 40 CFR 98.96(y), which applies to semiconductor 
manufacturing facilities with emissions from subpart I processes 
greater than 40,000 metric tons of carbon dioxide equivalent (mtCO2e) 
per year. Per the requirements of 40 CFR 98.96(y)(1), facilities are 
required to submit the first triennial report on March 31, 2017. The 
changes we are proposing to 40 CFR 98.96(y) would clarify the types of 
data and measurements to be submitted with the triennial report, but 
would not fundamentally alter the data reported or require additional 
data collection from reporters. Specifically, we are clarifying that 
where reporters provide any utilization and by-product formation rates 
and/or destruction or removal efficiency data in the triennial report, 
they must also include information on the methods and conditions under 
which the data were collected, where available (see section III.F of 
this preamble for additional information). We are proposing to 
implement the changes to subpart I in RY2016 in order to ensure that 
the data submitted in the triennial reports submitted on March 31, 2017 
reflects these methods and conditions, which will help the EPA to more 
efficiently review the reported data. In addition to the proposed 
changes to 40 CFR 98.96(y), the EPA is proposing revisions to improve 
the methodology used to calculate the fraction of fluorinated-GHG and 
fluorinated-GHG byproduct destroyed or removed in a fab using the stack 
testing methodology.
    Under subpart HH, we are proposing several revisions to improve the 
quality of the data collected, better align the rule requirements with 
industry operating practices, and streamline the reporting 
requirements. We are also proposing one related change to subpart A of 
Part 98 to update the definition of ``gas collection system or landfill 
gas collection system'' in 40 CFR 98.6. These revisions, which are 
described in section III.S of this preamble, are proposed to apply to 
RY2016 reports because they provide additional clarifications and 
flexibility regarding the existing regulatory requirements that address 
questions raised by reporters during implementation.
    We have determined that it would be feasible for existing reporters 
to implement the proposed changes to subparts A, I, and HH for RY2016 
because these changes are consistent with the data collection and 
calculation methodologies in the current rule. The proposed revisions 
would not add new monitoring requirements, and would not substantially 
affect the type of information that must be collected. The owners or 
operators are not required to actually submit RY2016 reports until 
March 31, 2017, which is three months or more after we expect the final 
rule amendments based on this proposal to be published, thus providing 
ample opportunity for reporters to adjust to the amendments.
2. Which proposed amendments would apply beginning with RY2017?
    Table 4 of this preamble lists the affected subparts and proposed 
changes that would apply to RY2017. For these revisions, reporters 
would submit an annual report on March 31, 2018.

        Table 4--Proposed Changes to Part 98 Applicable to RY2017
------------------------------------------------------------------------
            Subpart affected               Changes applicable in RY2017
------------------------------------------------------------------------
A--General Provisions..................  Sec.   98.2; Sec.   98.3; Sec.
                                           98.4; Sec.   98.6; Sec.
                                          98.7(e)(33); and Tables A-3
                                          and A-4.
C--General Stationary Fuel Combustion    All proposed changes in
 Sources.                                 subpart.
E--Adipic Acid Production..............  All proposed changes in
                                          subpart.
F--Aluminum Production.................  All proposed changes in
                                          subpart.
G--Ammonia Manufacturing...............  All proposed changes in
                                          subpart.
N--Glass Production....................  All proposed changes in
                                          subpart.
O--HCFC-22 Production and HFC-23         All proposed changes in
 Destruction.                             subpart.
P--Hydrogen Production.................  All proposed changes in
                                          subpart.
Q--Iron and Steel Production...........  All proposed changes in
                                          subpart.
S--Lime Manufacturing..................  All proposed changes in
                                          subpart.
U--Miscellaneous Uses of Carbonate.....  All proposed changes in
                                          subpart.
X--Petrochemical Production............  All proposed changes in
                                          subpart.
Z--Phosphoric Acid Production..........  All proposed changes in
                                          subpart.
AA--Pulp and Paper Manufacturing.......  All proposed changes in
                                          subpart.
CC--Soda Ash Manufacturing.............  All proposed changes in
                                          subpart.
DD--Use of Electric Transmission and     All proposed changes in
 Distribution Equipment.                  subpart.
II--Industrial Wastewater Treatment....  All proposed changes in
                                          subpart.
LL--Suppliers of Coal-based Liquid       All proposed changes in
 Fuels.                                   subpart.
MM--Suppliers of Petroleum Products....  All proposed changes in
                                          subpart.
NN--Suppliers of Natural Gas and         All proposed changes in
 Natural Gas Liquids.                     subpart.
PP--Suppliers of Carbon Dioxide........  All proposed changes in
                                          subpart.
RR--Geologic Sequestration of Carbon     All proposed changes in
 Dioxide.                                 subpart.
TT--Industrial Waste landfills.........  All proposed changes in
                                          subpart.

[[Page 2542]]

 
UU--Injection of Carbon Dioxide........  All proposed changes in
                                          subpart.
------------------------------------------------------------------------

    .The changes to subparts listed in Table 4 of this preamble would 
apply to the annual reports submitted for RY2017 on March 31, 2018; 
these changes are proposed to apply to the 2017 reporting year in order 
to allow for adequate time for the agency to integrate the revisions 
through e-GGRT and the Inputs Verification Tool (IVT), as well as 
prepare to incorporate the revisions into other GHGRP datasets and 
publications. The changes to subparts included in Table 4 of this 
preamble would be feasible for reporters to implement for RY2017 
because these changes are consistent with the data collection and 
calculation methodologies in the current rule. In most cases, the 
proposed revisions include minor revisions such as editorial 
corrections, corrections to cross-references, and technical 
clarifications regarding the existing regulatory requirements. Where 
calculation equations are proposed to be modified, the changes 
generally clarify terms in the emission calculation equations and do 
not materially affect monitoring requirements or how emissions are 
calculated. In some cases, we are adding flexibility by providing 
alternative monitoring methods or missing data procedures that would 
reduce burden on reporters. For example, in subpart AA (Pulp and Paper 
Manufacturing), for missing measurements of the mass of spent liquor 
solids or spent pulping liquor flow rates, we are proposing to allow 
reporters to use the daily mass of spent liquor solids fired that are 
currently reported under 40 CFR 63, subpart MM (National Emission 
Standards for Hazardous Air Pollutants for Chemical Recovery Combustion 
Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp 
Mills) as an alternative to maximum mass and flow rate values currently 
required in 40 CFR 98.275(b) (see section III.O of this preamble for 
additional information). Other proposed changes would reduce the type 
of information that must be collected; e.g., we are proposing to revise 
40 CFR 98.2(i) of subpart A to clarify the EPA's policies allowing 
reporters to cease reporting under Part 98 (see section III.A.1 of this 
preamble), and we are proposing to remove reporting requirements in 
subpart O (HCFC-22 Production and HFC-23 Destruction) (see section 
III.H of this preamble) and subpart LL (Suppliers of Coal-based Liquid 
Fuels) (see section III.U of this preamble) that are no longer needed 
to support verification or other activities. Although some of the 
proposed revisions included in Table 4 of this preamble would include 
reporting additional data, the EPA has determined that the data we are 
proposing to collect would be readily available to reporters. For 
example, we are proposing to add requirements to 40 CFR part 98, 
subpart DD (Electrical Transmission and Distribution Equipment Use) and 
subpart NN (Suppliers of Natural Gas and Natural Gas Liquids) for 
reporters to include the name of the U.S. state or territory covered in 
the facility's annual report. Because these revisions would not require 
the collection of additional data or changes to existing monitoring 
requirements, it is feasible for these revisions to be implemented for 
RY2016. However, we are not implementing these changes until RY2017 to 
allow the agency sufficient time to incorporate the revisions into e-
GGRT and IVT. Finally, we note that the reporters affected under the 
subparts in Table 4 of this preamble are not required to actually 
submit RY2017 reports until March 31, 2018. Because a final rule based 
on this proposal would be finalized in late 2016, reporters will have 
over a year to prepare for the amendments before they must submit 
RY2017 reports.
3. Which proposed amendments would apply beginning with RY2018?
    We are proposing that the revisions to the subparts listed in Table 
5 of this preamble would apply to annual reports submitted for RY2018, 
which must be submitted by March 31, 2019.

       Table 5--Proposed Changes to Part 98 Applicable for RY2018
------------------------------------------------------------------------
            Subpart affected               Changes applicable in RY2018
------------------------------------------------------------------------
A--General Provisions..................  Sec.   98.7(l)(1); Table A-5.
V--Nitric Acid Production..............  All proposed changes in
                                          subpart.
Y--Petroleum Refineries................  All proposed changes in
                                          subpart.
FF--Underground Coal Mines.............  All proposed changes in
                                          subpart.
OO--Suppliers of Industrial Greenhouse   All proposed changes in
 Gases.                                   subpart.
------------------------------------------------------------------------

    We are proposing that revisions to subparts V, Y, FF, and OO, and 
related changes to 40 CFR 98.7(l)(1) and Table A-5 of subpart A, would 
apply to RY2018, with reporters following the revised rule requirements 
beginning January 1, 2018. In several cases, the proposed changes would 
revise the applicability of a source category to certain facilities or 
significantly revise existing calculation or monitoring methodologies. 
For example, we are proposing to revise the definition of the 
industrial gas supplier source category in 40 CFR part 98, subpart OO 
to include facilities that destroy, but do not produce, fluorinated 
GHGs and fluorinated HTFs. These proposed changes could expand the 
applicability of Part 98 to additional facilities that were not 
previously required to report under the rule; these facilities would 
require more time to acquire and install monitoring equipment and begin 
collecting data under Part 98. Similarly, we are proposing to revise 
the calculation methodology for delayed coking units in 40 CFR part 98, 
subpart Y (Petroleum Refineries) to better reflect industry emissions 
(see section III.M of this preamble).
    As discussed in section III.R of this preamble, we are proposing 
some methodological changes to subpart FF to clarify the type of 
facilities included in the source category and revise the monitoring 
and data collection requirements to improve the quality of the data 
collected. We are proposing a related revision to 40 CFR 98.7(l)(1) in

[[Page 2543]]

subpart A to incorporate updated methods for sampling methane 
concentration and conducting measurements of flow rate, temperature, 
pressure, and moisture content. Given that the final rule revisions 
would not be finalized until the second half of 2016, it is assumed 
that it would not be feasible for these facilities to acquire, install, 
and calibrate new monitoring equipment, or to perform more frequent 
monitoring, in time for the reports submitted for RY2017. However, the 
EPA is also seeking comment on whether underground coal mine facilities 
would indeed be able to meet these revised requirements for RY2017.
    In past rulemakings, the EPA has typically required monitoring to 
begin a few months after finalization of revised rules, and has offered 
Best Available Monitoring Methods (BAMM) to be used temporarily to 
provide sufficient time for facilities to come into full compliance 
with the newly finalized monitoring methods. In this action, to avoid 
the need to offer the use of BAMM and to stagger the burden associated 
with making revisions to e-GGRT, we are proposing that the revisions to 
these subparts would apply to RY2018 reports. If finalized, subpart V, 
Y, FF, and OO reporters, including new reporters, would begin following 
the revised rule requirements on January 1, 2018 and submit the first 
annual reports using the revised monitoring and data collection methods 
on March 31, 2019. This schedule would allow at least one year for 
subpart V, Y, FF, and OO reporters to acquire, install, and calibrate 
any new monitoring equipment, as well as implement any changes to 
existing monitoring methods, for the 2018 reporting year. The proposed 
timeline also allows sufficient time for the agency to integrate any 
associated changes to reporting requirements in the affected subparts 
into e-GGRT and other GHGRP activities, such as verification.
    The EPA is proposing one related change to subpart A that could 
apply to certain subpart FF reporters prior to January 1, 2018. In 
keeping with the proposed changes discussed in section III.A.1 of this 
preamble, we are proposing to revise 40 CFR 98.2(i) of subpart A to 
streamline the reporting requirements for closed coal mines. These 
proposed revisions would apply beginning January 1, 2017, consistent 
with the proposed revisions to 40 CFR 98.2 listed in Table 4 of this 
preamble, and could affect owners and operators of abandoned 
underground mines (see section III.A and III.R of this preamble for 
additional information). All other proposed revisions related to 
subpart FF would apply beginning January 1, 2018 for the reasons 
described above.

F. Where can I get a copy of information related to the proposed rule?

    This preamble references several documents developed to support the 
proposed rulemaking. These documents provide additional information 
regarding the proposed changes to Part 98, and supplementary 
information which the EPA considered in the development of the proposed 
revisions. These documents are referenced in sections II through V of 
this preamble and are available in the docket to this rulemaking or 
other rulemaking dockets, as follows:
     ``Table of 2015 Revisions to the Greenhouse Gas Reporting 
Rule.'' EPA memorandum summarizing the less substantive minor 
corrections, clarifications, and harmonizing revisions in the proposed 
rule, as discussed in section II of this preamble. Available in the 
docket for this proposed rulemaking, Docket Id. No. EPA-HQ-OAR-2015-
0526.
     ``Re: Strong Nitric Acid Facilities in the U.S.'' From 
Natalie Tang, EPA to Alexis McKittrick and Mausami Desai, EPA, dated 
January 29, 2015. Memorandum supporting proposed revisions to subpart V 
(Nitric Acid Production) as discussed in section III.K of this 
preamble. Available in the docket for this proposed rulemaking, Docket 
Id. No. EPA-HQ-OAR-2015-0526.
     ``Request to Consider IPCC Balanced EDC/VCM Process 
Studies and Data for the Elimination of e-GGRT Validation Messages at 
VCM Production Facilities Reporting Under Subpart X.'' Letter received 
from Occidental Chemical Company, July 10, 2015, as discussed in 
section III.L of this preamble. Available in the docket for this 
proposed rulemaking, Docket Id. No. EPA-HQ-OAR-2015-0526.
     ``Proposed Changes to Flare Pilot Gas Reporting 
Requirements under the Greenhouse Gas Reporting Program (GHGRP).'' From 
Jeff Coburn, Leslie Pearce and Kevin Bradley, RTI International (RTI) 
to Brian Cook, EPA, dated July 10, 2015. Memorandum supporting proposed 
revisions to subpart Y (Petroleum Refineries) as discussed in section 
III.M of this preamble. Available in the docket for this proposed 
rulemaking, Docket Id. No. EPA-HQ-OAR-2015-0526.
     ``Revised Emission Methodology for Delayed Coking Units.'' 
From Jeff Coburn, RTI to Brian Cook, EPA, dated June 4, 2015. 
Memorandum supporting proposed revisions to subpart Y (Petroleum 
Refineries) as discussed in section III.M of this preamble. Available 
in the docket for this proposed rulemaking, Docket Id. No. EPA-HQ-OAR-
2015-0526.
     ``Evaluating Possible VAM Emissions Estimation Errors 
Based on Different Sampling Intervals (Quarterly, Monthly, Weekly).'' 
Ruby Canyon Engineering, dated June 10, 2015. Memorandum supporting 
revisions to subpart FF (Underground Coal Mines) as discussed in 
section III.R of this preamble. Available in the docket for this 
proposed rulemaking, Docket Id. No. EPA-HQ-OAR-2015-0526.
     ``Use of Inspection Data from the Mine Safety Health 
Administration for Reporting Quarterly Methane Liberation from Mine 
Ventilation Shafts.'' From Clark Talkington, Advanced Resources 
International, Inc. (ARI) to Cate Hight, EPA, dated November 13, 2015. 
Memorandum supporting revisions to subpart FF (Underground Coal Mines) 
as discussed in section III.R of this preamble. Available in the docket 
for this proposed rulemaking, Docket Id. No. EPA-HQ-OAR-2015-0526.
     ``Review of Oxidation Studies and Associated Cover Depth 
in the Peer-Reviewed Literature.'' From Kate Bronstein, Meaghan 
McGrath, and Jeff Coburn, RTI to Rachel Schmeltz, EPA, dated June 17, 
2015, Memorandum supporting proposed revisions to subpart HH (Municipal 
Solid Waste Landfills) as discussed in section III.S of this preamble. 
Available in the docket for this proposed rulemaking, Docket Id. No. 
EPA-HQ-OAR-2015-0526.
     ``Review of Site-Specific Industrial Waste Degradable 
Organic Content Data'' from Jeff Coburn and Katherine Bronstein, RTI to 
Rachel Schmeltz, EPA, dated June 17, 2015. Memorandum supporting 
proposed revisions to subpart TT (Industrial Waste Landfills) as 
discussed in section III.Y of this preamble. Available in the docket 
for this proposed rulemaking, Docket Id. No. EPA-HQ-OAR-2015-0526.
     ``Proposed Data Category Assignments and Confidentiality 
Determinations for Data Elements in the Proposed 2015 Revisions.'' 
Memorandum listing all proposed new, substantially revised, and 
existing data elements with proposed category assignments and 
confidentiality determinations, as described in Section IV of this 
preamble. Available in the docket for this proposed rulemaking, Docket 
Id. No. EPA-HQ-OAR-2015-0526.
     ``Final Evaluation of Competitive Harm from Disclosure of 
`Inputs to Equations' Data Elements Deferred to March 31, 2015.'' 
Memorandum, September 2014. Available in Docket Id. No. EPA-HQ-OAR-
2010-0929.

[[Page 2544]]

     ``Summary of Evaluation of Greenhouse Gas Reporting 
Program (GHGRP) Part 98 `Inputs to Emission Equations' Data Elements 
Deferred Until 2013.'' Memorandum, December 17, 2012. Available in the 
docket for this proposed rulemaking, Docket Id. No. EPA-HQ-OAR-2015-
0526.
     ``Final Data Category Assignments and Confidentiality 
Determinations for Part 98 Reporting Elements.'' Memorandum, April 29, 
2011. Available in Docket Id. No. EPA-HQ-OAR-2009-0924.
     ``Assessment of Burden Impacts of 2015 Revisions to the 
Greenhouse Gas Reporting Rule.'' Memorandum describing the costs of the 
proposed revisions to Part 98, as discussed in section V of this 
preamble. Available in the docket for this proposed rulemaking, Docket 
Id. No. EPA-HQ-OAR-2015-0526.

G. Methods Incorporated by Reference

    In this rulemaking, the EPA is proposing to include in a final EPA 
rule regulatory text for 40 CFR 98.7 that includes incorporation by 
reference. In accordance with requirements of 1 CFR 51.5, the EPA is 
proposing to incorporate by reference the following:
     Standard Test Methods for Determining the Biobased Content 
of Solid, Liquid, and Gaseous Samples using Radiocarbon Analysis (ASTM 
D6866-12), which would apply to subpart C reporters (see section 
III.B.2 of this preamble). These standards are available on the ASTM 
Web site (http://www.astm.org/) to everyone at a cost determined by the 
ASTM ($50). The ASTM also offers memberships or subscriptions that 
allow unlimited access to their methods. The cost of obtaining these 
methods is not a significant financial burden, making the methods 
reasonably available for reporters. The EPA will also make a copy of 
these documents available in hard copy at the appropriate EPA office 
(see the FOR FURTHER INFORMATION CONTACT section of this preamble for 
more information) for review purposes only.
     Inspection and sampling standards from the Coal Mine 
Safety and Health General Inspection Procedures Handbook Number: PH13-
V-1 (February 2013) as published by the Mine Safety and Health 
Administration (MSHA), which would apply to subpart FF reporters (see 
section III.R.2 of this preamble). These standards are available free 
of charge through the MSHA Web site (http://www.msha.gov). The EPA has 
also made, and will continue to make, these documents available 
electronically through www.regulations.gov.
    Because these standards do not present a significant financial 
burden to reporters, the EPA has determined that these methods are 
reasonably available. The EPA has also made, and will continue to make, 
these documents generally available in hard copy at the appropriate EPA 
office (see the FOR FURTHER INFORMATION CONTACT section of this 
preamble for more information).

II. Overview and Rationale for Proposed Amendments to Part 98

    In this action, the EPA is proposing to revise specific provisions 
in Part 98 to simplify and streamline implementation of the rule, 
improve the quality and consistency of the data collected under the 
rule, and to clarify or provide minor updates to certain provisions 
that have been the subject of questions and feedback from reporting 
entities. The EPA has identified four categories of changes that we are 
proposing in this rulemaking, which include the following:
     Revisions to streamline implementation of the rule by 
reducing or simplifying requirements that would ease burden on 
reporters and the EPA, such as revising requirements to focus GHGRP and 
reporter resources on relevant data, removing reporting requirements 
for specific facilities which report little to no emissions, or 
removing reported data elements that are no longer necessary;
     Amendments that would expand monitoring, applicability, or 
reporting requirements that are necessary to enhance the quality of the 
data collected, improve verification of collected data under the GHGRP, 
and improve the accuracy of data included in the U.S. GHG Inventory;
     Other amendments, such as amendments to calculation, 
monitoring, or measurement methods that would address prior petitioner 
or commenter concerns (e.g., amendments that provide additional 
flexibility for facilities or that more accurately reflect industry 
processes and emissions).
     Minor clarifications and corrections, including: 
corrections to terms and definitions in certain equations; 
clarifications that provide additional information for reporters to 
better or more fully understand compliance obligations; changes to 
correct cross references within and between subparts; and other 
editorial or harmonizing changes that would improve the public's 
understanding of the rule.
    Sections II.A through II.D of this preamble describe each of the 
above categories in more detail and provide rationale for the changes 
included in each category.
    The proposed changes in this action would advance the EPA's goal of 
maximizing rule effectiveness. For example, these proposed changes 
would clarify existing rule provisions, thus enabling government, 
regulated entities, and the public to easily identify and understand 
rule requirements. In addition, specific changes such as increasing the 
flexibility given to reporting entities related to requesting 
extensions for revising annual reports would make compliance easier 
than non-compliance. The proposed changes also serve to clarify whether 
and when reporting requirements apply to a facility, and more 
specifically when a facility may discontinue reporting, thereby allowed 
a regulated entity to regularly assess their compliance and prevent 
noncompliance.
    The proposed changes would also improve the EPA's ability to assess 
compliance by adding reporting elements that allow the EPA to more 
thoroughly verify GHG data and understand trends in emissions. For 
example, the proposed requirement to report the date of installation of 
any abatement equipment at Adipic Acid and Nitric Acid Production 
facilities will increase the EPA and public's understanding of the use 
of and trends in emissions reduction technologies. Lastly, the proposed 
changes further advance the ability of the Greenhouse Gas Reporting 
Program to provide access to quality data on greenhouse gas emissions 
by adding key data elements to improve the usefulness of the data. One 
example is the proposed addition of the reporting of emissions by state 
for Suppliers of Natural Gas (subpart NN reporters). This data will 
allow users of the GHGRP data to more easily identify the state within 
which the reporter operates, which will be useful for determining state 
level GHG totals associated with natural gas supply and increase 
transparency and usefulness of the data reported.
    Additional details for the specific amendments proposed for each 
subpart are included in section III of this preamble. To reduce the 
length of this preamble, we have summarized the remaining less 
substantive minor corrections, clarifications, and harmonizing 
revisions in the memorandum, ``Table of 2015 Revisions to the 
Greenhouse Gas Reporting Rule'' (hereafter referred to as the ``Table 
of Revisions'') available in the docket for this rulemaking (EPA-HQ-
OAR-2015-0526). These changes include straightforward clarifications of

[[Page 2545]]

requirements to better reflect the EPA's intent; harmonizing changes 
within subparts (such as harmonizing terminology); corrections to 
calculation terms and cross-references; editorial and minor error 
corrections; and removal of redundant text. The Table of Revisions 
describes each proposed change within a subpart, including those 
itemized in this preamble, and provides the current rule text and the 
proposed correction. Where the proposed change is listed only in the 
Table of Revisions, the rationale for the proposed change is also 
listed there.
    We are seeking public comment only on the issues specifically 
identified in this notice (including the changes listed in the Table of 
Revisions) for the identified subparts. We are not reopening other 
aspects of Part 98.

A. Revisions To Streamline Implementation of Part 98

    Following implementation of Part 98, the EPA has identified several 
areas of the rule which could be revised or simplified to improve the 
efficiency of the requirements or to reduce the burden on reporters and 
the EPA. We are consequently proposing several revisions that would 
streamline the requirements as well as improve implementation of the 
rule.
    Several of the proposed revisions would clarify and revise the 
requirements of Part 98 in order to focus the GHGRP and reporter 
resources on the most relevant data. In some cases, we are proposing to 
revise requirements to reduce when facilities must report emissions, 
such as by clarifying requirements for facilities that may report very 
little or no emissions. The EPA does not anticipate a significant 
change in the overall reported emissions or a reduction in the quality 
of reported carbon dioxide equivalent (CO2e) emissions and supply. 
Removing these instances of reporting would also reduce burden on some 
reporters.
    As an example, we are proposing to revise 40 CFR part 98, subpart 
FF to allow an underground coal mine to cease reporting after it has 
closed and its status is determined to be ``abandoned'' by MSHA. The 
CO2e emissions from abandoned and sealed mines are far below 
the reporting threshold. The EPA is proposing these types of changes to 
reduce burden, as well as to focus the collection of data under the 
GHGRP on those sources that are expected to emit, import, or export 
larger amounts of greenhouse gases.
    In addition, the EPA is proposing in this rulemaking that pilot 
gas, which is considered the gas used to maintain a pilot flame at the 
flare tip, may be excluded from the quantity of flare gas used to 
perform GHG emissions calculations for subparts Q (Iron and Steel 
Production), X (Petrochemical Production), and Y (Petroleum 
Refineries). The quantity of GHG emissions associated with pilot gas is 
very small relative to the total GHG emissions from a flare at 
petroleum refineries, petrochemical production facilities, and iron and 
steel production facilities. Eliminating the monitoring of this small 
quantity of emissions will not adversely impact the quality of the 
greenhouse gas data collected and may decrease the burden associated 
with monitoring the flare gas. We are proposing similar revisions to 
other subparts that simplify data collection for reporters and focus 
the provisions of the rule on the essential data that the EPA requires 
to review, assess, and verify reported emissions.
    Other proposed revisions to the rule include changes that would 
streamline the rule, such as removing reported data elements that are 
no longer necessary. For example, for 40 CFR part 98, subpart LL 
(Suppliers of Coal-based Liquid Fuels), we are proposing to remove 
requirements of 40 CFR 98.386 that are no longer needed to support 
verification or other activities. In a prior notice, ``2013 Revisions 
to the Greenhouse Gas Reporting Rule and Final Confidentiality 
Determinations for New or Substantially Revised Data Elements'' (78 FR 
71904, November 29, 2013, hereafter referred to as ``2013 Revisions 
Rule''), we finalized amendments to subpart LL that removed 
requirements in 40 CFR 98.386 for suppliers to report the annual 
quantity of each product or natural gas liquid on the basis of the 
measurement method used. Subpart LL reporters are currently only 
required to report the total annual quantities of each product or 
natural gas liquid in metric tons or barrels supplied. In this action, 
we are proposing to remove the provisions of 40 CFR 98.386 that require 
suppliers to report the methods used to measure the quantities of each 
product reported. This change would harmonize with the previously 
finalized revisions which removed the requirement to report products by 
method and would reduce the burden on reporters.
    We are also proposing certain revisions that would streamline the 
reporting and verification process. These proposed changes would ease 
the burden on reporters (e.g., by reducing the actions required of 
reporters) and improve agency implementation of the rule. For example, 
we are proposing to revise 40 CFR 98.2(i) to clarify the EPA's policies 
allowing reporters to cease reporting under Part 98. The existing 
provisions of 40 CFR 98.2(i) provide options for reporters to 
discontinue reporting when annual emissions are less than certain 
thresholds, or if process operations are permanently shut down. We are 
proposing to clarify when these requirements apply for suppliers, 
processes or operations that cease operation in the reporting year, and 
facilities where the operations are changed such that a process or 
operation no longer meets the ``Definition of Source Category'' for a 
subpart. These provisions are anticipated to streamline reporting by 
specifying when reporters are no longer required to report for a 
particular process or operation.
    We are proposing similar changes to Part 98 which would improve the 
efficiency of the reporting process. The specific changes that we are 
proposing that are intended to streamline Part 98, as described in this 
section, are described for each subpart, as appropriate, in sections 
III.A through III.Y of this preamble.

B. Revisions To Improve the Quality of Data Collected Under Part 98 and 
Improve the U.S. GHG Inventory

    The EPA is also proposing amendments in this action that would 
improve the existing applicability, monitoring, or reporting 
requirements of Part 98 in order to enhance the quality and accuracy of 
the data collected under the GHGRP, improve verification of collected 
data, and provide additional data to help improve estimates included in 
the U.S. GHG Inventory.
    Several of the amendments in this action are being proposed to 
improve the quality of the data collected under the GHGRP. The data 
collected under Part 98 are used to inform the EPA's understanding of 
the relative emissions and distribution of emissions from specific 
industries, the factors that influence GHG emission rates, and to 
inform policy options and potential regulations. Following several 
years of implementation of the rule, the EPA has identified certain 
areas of the rule where clarifying amendments to source category 
definitions, revisions to calculation methodologies or monitoring 
methods, and revisions or additions to reporting requirements are 
needed to ensure that accurate data are being collected under the rule. 
For example, we are proposing revisions to subpart FF to revise the 
monitoring requirements for methane liberated from ventilation systems 
to remove the option to use quarterly testing by the MSHA. This change 
is being proposed because we have determined that the quarterly 
flowrate data gathered by

[[Page 2546]]

MSHA cannot be used to reliably estimate coal mine emissions for GHG 
reporting purposes. Instead, coal mines will be required to use one of 
the other existing methods to measure emissions from ventilation, 
either collection of grab samples or use of continuous emissions 
monitoring systems (CEMS). In proposing this change, the EPA is seeking 
comment on whether other alternatives, such as surface level samples 
taken at the fan mouth, would achieve the same objectives for improved 
data quality from mine ventilation systems. The EPA is also seeking 
comment on increasing the frequency with which grab samples must be 
taken at underground coal mines. Currently coal mines must take grab 
samples on a quarterly basis and report methane liberation on a 
quarterly basis. In this action, the EPA is seeking comment on 
increasing the frequency of grab samples to monthly sampling in order 
to provide more transparent and reliable measurement of methane 
emissions from ventilation systems while more closely aligning the 
monitoring requirements for mine ventilation with those for 
degasification systems. The EPA also seeks comments on other monitoring 
frequencies higher than monthly (such as biweekly) or monitoring 
frequencies higher than quarterly but less than monthly (such as 
bimonthly). For comments on increasing the monitoring frequency and the 
availability of other alternative monitoring methods, the EPA 
encourages commenters to submit studies, data, and background 
information on multi-year ventilation system monitoring on a basis that 
is more frequent than quarterly. This information will help determine 
the appropriate frequency of monitoring for ventilation emissions that 
is needed to ensure reliable and accurate measurements.
    In another case, we are proposing to revise existing reporting 
requirements to collect more detailed facility data. For example, we 
are proposing to amend the reporting requirements of 40 CFR part 98, 
subpart O (HFC-22 Production and HFC-23 Destruction) to require 
reporting of the information under 40 CFR 98.156(a) at a process level. 
Currently, reporters are required to submit the annual mass of HCFC-22 
produced, the annual mass of reactants fed into the process, the annual 
mass of HFC-23 emitted, and additional information under 40 CFR 
98.156(a) at the facility level. Collecting this information on a 
process-level basis would further our understanding of emissions from 
HCFC-22 production processes and provide a more accurate emissions 
profile for this sector.
    Some of the proposed amendments include revisions to existing 
reporting requirements to clarify the data that are currently reported 
or improve verification of reported data. For example, we are proposing 
amendments to 40 CFR part 98, subpart HH to add a requirement for 
landfills with gas collection systems to report the number of hours 
active gas flow was sent to each destruction device instead of the 
annual operating hours for each destruction device. This revision is 
needed in order for the EPA's reporting tool to accurately calculate a 
key variable in certain equations used to calculate emissions. Although 
the proposed change would require different data to be reported, it 
would improve verification of the existing data by reducing the number 
of reporters that override their equation results, resulting in fewer 
verification errors and follow-up messages to reporters.
    We are also proposing several amendments to ensure data collected 
by the GHGRP adequately support the U.S. GHG Inventory. As described in 
the preamble of the proposed GHG Reporting Rule (74 FR 16448, April 10, 
2009), the GHGRP is intended to supplement and complement the U.S. GHG 
Inventory by advancing the understanding of emission processes and 
monitoring methodologies for particular source categories or sectors. 
Specifically, the GHGRP complements the U.S. GHG Inventory by providing 
data from individual facilities and suppliers above certain thresholds 
to improve the assumptions and emissions values used in the U.S. GHG 
Inventory. The collected facility, unit, and process-level GHG data 
from the GHGRP provide and confirm the national statistics and emission 
estimates presented in the U.S. GHG Inventory, which are calculated 
using aggregated national data. These proposed amendments include 
clarifications to source category definitions, revisions to calculation 
methodologies, and revisions or additions to reporting requirements 
that will improve the accuracy of the data included in the U.S. GHG 
Inventory and improve our ability to inform the development of GHG 
policies and programs. For example, we are proposing revisions to 40 
CFR part 98, subpart E (Adipic Acid Production) and 40 CFR part 98, 
subpart V (Nitric Acid Production) that would require reporting of the 
date of installation of any abatement systems (if applicable). The 
addition of these data elements would help improve the accuracy of 
trend estimates for these sectors in the U.S. GHG Inventory. 
Specifically, the proposed data elements would allow the agency to 
apply emission factors with and without abatement systems over the 
correct time periods using the reported dates.
    The specific changes that we are proposing for each subpart, as 
appropriate, are described in sections III.A through III.Y of this 
preamble.

C. Other Amendments

    In addition to the amendments described in sections II.A and II.B 
of this preamble, the EPA is proposing other amendments to certain 
subparts of Part 98. Through outreach and communication with 
stakeholders, the EPA has identified certain aspects of the rule that 
may require substantive revision, such as amending calculation, 
monitoring, or measurement methods to provide flexibility for certain 
facilities, or to more accurately reflect industry processes and 
emissions. These changes would respond to comments raised by 
stakeholders in prior rulemakings and issues raised by petitioners for 
certain subparts, and would more closely align rule requirements with 
the processes conducted at specific facilities. For example, for 40 CFR 
part 98, subpart TT (Industrial Waste Landfills), we are proposing to 
add several waste types for pulp and paper, including associated 
degradable organic content (DOC) and k-values, to Table TT-1 of subpart 
TT to include common industrial waste subtypes. The EPA is proposing 
these revisions following comments on 2013 Revisions Rule, in which 
stakeholders requested the EPA add these common waste types to Table 
TT-1 of subpart TT. These proposed revisions would improve the accuracy 
of calculated emissions reported by these facilities.
    Additional details for the amendments described in this section are 
discussed for each subpart, as appropriate, in sections III.A through 
III.Y of this preamble.

D. Minor Corrections, Clarifications, and Harmonizing Revisions

    The EPA is proposing additional minor corrections, clarifications, 
and harmonizing revisions that would improve understanding of the rule. 
These revisions primarily include simple revisions of requirements to 
better reflect the EPA's intent, such as clarifying changes to 
definitions, calculation methodologies, monitoring and quality 
assurance requirements, missing data procedures, and reporting 
requirements. Some of these proposed changes result from questions 
raised by reporters through the GHGRP Help Desk or e-GGRT and are 
intended to resolve

[[Page 2547]]

uncertainties in the regulatory text. The proposed changes would reduce 
confusion for reporters and correct inconsistencies in the rule.
    In some cases, we are proposing minor amendments that would clarify 
general monitoring requirements, measurement methods, or reported data 
elements. These revisions include less substantive changes, such as 
simple corrections to calculation terms, revisions of cross-references, 
harmonizing changes (such as changes to terminology within a subpart 
for consistency), simple editorial corrections, and removal of 
redundant text. As discussed earlier in section II of this preamble, 
these less substantive revisions are summarized in the Table of 
Revisions available in the docket for this rulemaking (EPA-HQ-OAR-2015-
0526).

III. Proposed Amendments to Each Subpart

    This section summarizes the specific substantive amendments 
proposed for each Part 98 subpart, as generally described in section II 
of this preamble. Sections III.A through III.Z of this preamble also 
identify where additional minor corrections to a subpart are included 
in the Table of Revisions.

A. Subpart A--General Provisions

    In this action, we are proposing several amendments, 
clarifications, and corrections to subpart A of Part 98. This section 
discusses the substantive changes to subpart A; additional minor 
amendments, corrections, and clarifications are summarized in the Table 
of Revisions available in the docket for this rulemaking (Docket Id. 
No. EPA-HQ-OAR-2015-0526).
1. Revisions to Subpart A To Streamline Implementation
    For the reasons described in section II.A of this preamble, we are 
proposing several amendments that are intended to simplify and 
streamline the requirements of subpart A and increase the efficiency of 
the report submittal process. First, we are proposing to revise 40 CFR 
98.2(i) to clarify the EPA's policies allowing reporters to cease 
reporting under Part 98. The existing provisions of 40 CFR 98.2(i)(1) 
and (2) provide options for reporters to discontinue reporting if 
annual emissions are less than 25,000 mtCO2e for five 
reporting years or less than 15,000 mtCO2e for three 
reporting years, or if process operations are permanently shut down. 
There has been confusion among reporters as to whether these off-ramp 
provisions apply to both direct emitters and suppliers, given the use 
of the term ``emissions'' in 40 CFR 98.2(i)(1) and (2) since suppliers 
report the quantity of product supplied into the economy and the 
emissions that would occur if the products were completely released, 
combusted, or oxidized when used by their customers. The EPA's original 
intention was that these off-ramp provisions apply to both suppliers 
(subparts LL through QQ) and direct emitters (subparts A through KK and 
subparts SS and TT), as well as the Injection of Carbon Dioxide source 
category (subpart UU). The EPA is adding a new paragraph to 40 CFR 
98.2(i) to clarify this point. We are proposing to retain the current 
language in 40 CFR 98.2(i)(1) and (2) (i.e., ``reported emissions'') to 
continue to refer to direct emitters and to add new paragraph 40 CFR 
98.2(i)(4) to clarify that the provisions of 40 CFR 98.2(i)(1) and (2) 
apply to suppliers (i.e., by specifying in 40 CFR 98.2(i)(4) that 40 
CFR 98.2(i)(1) and (2) apply to suppliers by substituting the term 
``quantity of GHG supplied'' for ``emissions'' in 40 CFR 98.2(i)(1) and 
(2)). For example, a supplier of industrial greenhouse gases might 
qualify under proposed 40 CFR 98.2(i)(4) to discontinue reporting as an 
exporter of industrial greenhouse gases because GHG exports are less 
than 25,000 mtCO2e for five reporting years (i.e., as 
provided in 40 CFR 98.2(i)(1)). Further, we have clarified that, for 
suppliers, these off-ramp provisions apply individually to each 
importer, exporter, petroleum refinery, fractionator of natural gas 
liquids, local natural gas distribution company, and producer of carbon 
dioxide (CO2), nitrous oxide (N2O), or fluorinated greenhouse gases. 
For example, regarding the example above where a supplier of industrial 
greenhouse gases qualifies under proposed 40 CFR 98.2(i)(4) to 
discontinue reporting as an exporter of industrial greenhouse gases, 
this same supplier would still be required to report as an importer if 
they also report GHG imports that do not qualify under proposed 40 CFR 
98.2(i)(4) to discontinue reporting because GHG imports are not less 
than the thresholds specified in 40 CFR 98.2(i)(1) or (2). Likewise, a 
company might qualify under 40 CFR 98.2(i)(4) to discontinue reporting 
as a supplier of industrial greenhouse gases under subpart OO 
(Suppliers of Industrial Greenhouse Gases) because the reported 
quantity of industrial greenhouse gases supplied is less than 15,000 
mtCO2e for three reporting years (i.e., as provided in 40 
CFR 98.2(i)(2)), but the company might still be required to report as a 
supplier of carbon dioxide under subpart PP because the reported 
quantity of carbon dioxide supplied is not less than the thresholds 
specified in 40 CFR 98.2(i)(1) or (2). Additionally, the proposed off-
ramp requirements for suppliers would be applied separately from those 
for direct emitters. This would occur whether the supplier and direct 
emitter report as two separate entities in e-GGRT or, for simplicity, 
as one entity in e-GGRT. For example, if a facility reports under 
subpart Y (a direct emitter subpart) and subpart MM (a supplier 
subpart), and the facility meets the off-ramp requirements in proposed 
40 CFR 98.2(i)(4) for the GHG quantities reported under subpart MM but 
does not meet the off-ramp requirements in 40 CFR 98.2(i)(1) or (2) for 
GHG emissions under subpart Y, then the facility may cease reporting 
under subpart MM while still reporting under subpart Y. If the subpart 
MM and subpart Y data were submitted in two different annual reports 
under two different e-GGRT identification numbers, the facility would 
discontinue submitting reports for subpart MM all together while 
continuing to submit reports for subpart Y. If the subpart MM and 
subpart Y data were submitted in one annual report under one e-GGRT 
identification number, the facility would continue to submit reports 
under that e-GGRT identification number with the subpart Y data and 
without the subpart MM data.
    The requirements of 40 CFR 98.2(i)(3) allow reporters to 
discontinue reporting if all processes or operations cease operation 
(e.g., plant closure). There has been confusion among reporters as to 
whether there is a similar provision to cease reporting for situations 
where a single process or operation ceases operation. The EPA is 
proposing to revise 40 CFR 98.2(i)(3) to specify that reporting is not 
required for any process or operation that ceases operation in the 
reporting years following the reporting year in which the process or 
operation ceased operation, provided the owner or operator submits a 
notification to the Administrator and explains the reasons for the 
cessation of operation. For example, if a facility previously reporting 
under 40 CFR part 98, subpart C (Stationary Fuel Combustion Sources) 
and 40 CFR part 98, subpart T (Magnesium Production) removes all of 
their combustion sources, but continues their magnesium casting 
operations under subpart T, the proposed revision to 40 CFR 98.2(i)(3) 
would clarify that this facility is exempt from the subpart C reporting 
of the combustion processes in the reporting years following the year 
in which the combustion sources ceased

[[Page 2548]]

operation. Note that 40 CFR 98.2(i)(3) does not apply to seasonal or 
other temporary cessation of operations, and that reporting must resume 
for any future calendar year during which any of the GHG-emitting 
processes or operations resume operation. A similar change is being 
proposed to streamline reporting for operators of underground coal 
mines subject to 40 CFR part 98, subpart FF. Specifically, we are 
proposing to amend 40 CFR 98.2(i)(3) to delete an exclusion for 
abandoned underground coal mines that precludes them from the off-ramp. 
Data submitted by closed and abandoned mines during the first four 
years of the GHGRP have improved the EPA's understanding of emissions 
from these mines and have shown that they produce GHG emissions in 
quantities well below the reporting threshold. This change is further 
discussed in section III.R.1 of this preamble.
    In addition, there has been confusion regarding how Part 98 
addresses situations where a facility no longer meets the ``Definition 
of Source Category'' specified in an applicable subpart. For example, 
subpart II of Part 98 (Industrial Wastewater Treatment) applies to 
anaerobic processes that treat wastewater from either meat processing 
operations (NAICS 3116) or fruit and vegetable processing (NAICS 3114). 
If a facility were subject to subpart II because it processes meat 
byproducts into human food, but switched its operations to producing 
animal food or to processing seafood rather than meat byproducts, then 
the processing plant would no longer meet the source category 
definition of ``industrial wastewater treatment'' in 40 CFR 98.350 
because it no longer falls under the classification of NAICS 3116. The 
facility, therefore, would not be subject to reporting under subpart 
II. The EPA is proposing to add a new provision in 40 CFR 98.2(i)(5) to 
clarify that if the operations of a facility or supplier are changed 
such that a process or operation no longer meets the ``Definition of 
Source Category'' as specified in an applicable subpart, then the owner 
or operator is exempt from reporting under any such subpart for the 
reporting years following the year in which change occurs, provided 
that the owner or operator submits a notification to the Administrator 
that announces the cessation of reporting for the process or operation 
no later than March 31 of the year following such changes. For any 
future calendar year during which the process or operation meets the 
``Definition of Source Category'' as specified in an applicable 
subpart, the owner or operator would be required to resume reporting 
for the process or operation.
    Lastly, the EPA is proposing to limit resubmittal of reports to 
five years prior to the current reporting year. For example, in RY2016, 
resubmittal of reports from RY2011-2015 would be allowed, but a 
resubmittal of a RY2010 report would no longer be permitted. The EPA 
currently requires facilities to resubmit past year reports for the 
Greenhouse Gas Reporting Rule in which a substantive error is 
identified, and allows resubmittals going back to the first year of the 
program. Based on the resubmittals to the program to date, the EPA has 
determined that the number of reports that are resubmitted falls 
drastically after the active verification period of 6 months, and 
continues to fall over time. Because there is significant burden to the 
EPA for maintaining the reporting forms needed for facilities to 
resubmit reports for past years, the EPA is seeking comment on limiting 
the resubmittals to 5-years prior to the current reporting year. The 
EPA would set the limit at five years in part because there is a 5-year 
recordkeeping requirement in Part 98.\3\ The EPA has determined that 
this change will have minimal impact on the quality of the data set, as 
resubmissions for past years to date have not impacted overall sector 
or total emission trends. While this change would not require a 
revision to the regulatory text, the EPA wishes to seek input from 
stakeholders prior to implementing this policy. As a result, in this 
action, the EPA is asking for comment on limiting resubmittal of 
reports to five years before the current reporting year.
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    \3\ According to 40 CFR 98.3(g), facilities using the Inputs 
Verification Tool are required to maintain all records at the 
facility for five years. Facilities that are not required to use the 
Inputs Verification Tool for any subparts under which they are 
reporting are required to maintain records for three years.
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2. Revisions to Subpart A To Improve the Quality of Data Collected 
Under Part 98
    The EPA is proposing several amendments to subpart A that would 
improve the quality of the data collected under the GHGRP. For the 
reasons described in section II.B of this preamble, these proposed 
revisions are intended to collect data that would improve the EPA's 
understanding of sector GHG emissions, and are anticipated to generally 
result in only a slight increase in burden for reporters.
    First we are proposing revisions to 40 CFR 98.3(c) to revise the 
content of the annual report to include three new data elements to 
uniquely identify individually reported fluorinated GHGs and 
fluorinated heat transfer fluids (HTF): Chemical name, CAS registry 
number, and the linear chemical formula. Currently, 40 CFR 
98.3(c)(4)(iii)(E) and (F) require reporting of each fluorinated GHG 
and fluorinated HTF from applicable source categories, and 40 CFR 
98.3(c)(5)(ii) requires the reporting of each fluorinated GHG from 
suppliers. The rule, however, does not specify how to identify each 
compound; instead, only the name of a GHG is required in a facility's 
annual report. Generally, reporters identify the GHGs in their annual 
report from Table A-1 of subpart A, which provides a list of 
fluorinated GHG along with the GWP of each gas, a registry number 
assigned by the Chemical Abstracts Service (CAS), and the chemical 
formula. When newly developed compounds are not listed in Table A-1 of 
subpart A, reporters classify the GHG as ``other'' and provide a 
chemical name. In these situations, different reporters sometimes refer 
to the ``other'' gas by different names (e.g., a standard IUPAC name as 
well as one or more common or trade names), especially when compounds 
have more than one name that is scientifically valid. This also results 
in facilities reporting the same gas under a different name from year 
to year. As an example, in prior reporting years, separate facilities 
under 40 CFR part 98, subpart I (Electronics Manufacturing) have 
reported emissions of the same fluorinated GHGs under multiple common 
names (e.g., octafluorotetrahydrofuran may be reported separately as 
octafluorotetrahydrofuran, perfluorotetrahydrofuran, and c-
C4F8O). Further, with the fast pace of technology 
development, new fluorinated chemicals are routinely being developed. 
Because of the rapid pace at which new chemicals enter the marketplace, 
it is not feasible for the EPA to update Table A-1 or the fluorinated 
GHG and fluorinated HTF lists in the GHGRP's electronic reporting 
system fast enough to keep pace with all chemicals in use at any point 
in time. If a fluorinated GHG were to be reported under a different 
name in a future reporting year, it could result in delays or errors in 
data analysis and trends if the GHGRP dataset contains information for 
the GHG associated with two different names.
    To improve the usefulness of the emissions and supplier data 
reported, we are proposing to revise 40 CFR 98.3(c)(4) and (5) to 
include two additional identifiers of fluorinated

[[Page 2549]]

GHGs and fluorinated HTFs so that each compound can be identified 
unambiguously. To the extent available, we propose to require chemical 
identifiers provided by national consensus organizations. The 
International Union of Pure and Applied Chemistry (IUPAC) provides a 
naming convention that can be used for all organic chemicals. The 
Chemical Abstracts Service (CAS) of the American Chemical Society 
assigns a chemical registry number that is widely used in industry and 
academia to identify individual chemical compounds. However, even with 
these two standardized services, we have learned that chemicals often 
are reported under different names for a variety of reasons. Therefore, 
knowing the linear chemical formula would help the EPA to classify 
compounds consistently. (We are proposing to require reporting of the 
linear chemical formula rather than the condensed chemical formula 
because the former provides information on the structure of the 
fluorinated GHG or fluorinated HTF that is useful for identifying the 
compound and distinguishing it from other fluorinated GHGs or 
fluorinated HTFs that have the same number of atoms of each element in 
different arrangements.) Accordingly, we are proposing to require 
reporting all three of the following data elements to ensure that the 
EPA can properly classify and identify each unique compound reported:
     Chemical name. If a chemical is not included in Table A-1 
of subpart A (or not listed in the Web forms in the EPA's reporting 
tool), then facilities or suppliers would be required to report the 
name using the chemical naming convention provided by IUPAC.
     CAS Registry Number. If a CAS number is not assigned or if 
the CAS number is not associated with a single fluorinated GHG or 
fluorinated heat transfer fluid, then reporters would report an 
identification number assigned by the EPA's Substance Registry 
Services.\4\
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    \4\ Substance Registry Services (SRS) is the EPA's central 
system for information about substances that are tracked or 
regulated by EPA or other sources. It is the authoritative resource 
for basic information about chemicals, biological organisms, and 
other substances of interest to EPA and its state and tribal 
partners. See http://ofmpub.epa.gov/sor_internet/registry/substreg/home/overview/home.do.
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     Linear chemical formula.
    Next, we are proposing to add a sentence to 40 CFR 98.3(c)(8) to 
clarify the missing data provisions. The proposed revision explains 
that missing data provisions apply not only to reported parameters, but 
to any parameter used to monitor or calculate emissions. Use of missing 
data procedures can affect the accuracy of an emission estimate 
regardless of whether that parameter is reported. It is the EPA's 
intention that the effect be documented, such that the accuracy of the 
reported emissions may be better understood.
    We are proposing a change to 40 CFR 98.4(i) to update the content 
of the certificate of representation (COR). For each facility or 
supplier, all GHG reports and other communications are submitted by a 
``designated representative'' of the owners and operators of the 
facility or supplier. The designated representative (DR) acts as a 
legal representative between the facility or supplier and the agency. 
The DR is appointed by submitting to the EPA a COR at least 60 days 
prior to the deadline for submission of the initial annual GHG report. 
Currently, 40 CFR 98.4(i) specifies that the COR must contain the 
following information:
     Identification of the facility or supplier;
     Name and contact information for the DR;
     A list of the owners and operators of the facility or 
supplier;
     Certification statements that the DR was appointed by a 
binding agreement with the owners and operators, that the DR has the 
necessary authority to carry out the duties and responsibilities on 
behalf of the owners and operators, and that the owners and operators 
are bound by the representations, actions, inactions, or submissions of 
the DR; and
     Signature of the DR.
    We are proposing the addition of one item to the COR, which is a 
list of all the 40 CFR 98 subparts under which the facility or supplier 
intends to report. The information on the subparts anticipated to be 
reported is for the EPA's internal planning and management purposes, 
and would streamline the EPA's internal processes related to preparing 
for upcoming reporting seasons. This new COR requirement would impose 
no new burden on reporters. The revised content of the COR would apply 
only to newly submitted CORs for facilities that have not previously 
reported to the GHGRP. The DR would not be required to re-submit a 
previously submitted COR to add the new information. For example, the 
new information would not be required for a revised COR that is 
submitted to change the DR, address, or list of owners. The information 
submitted on anticipated subpart applicability would be based on 
whatever applicability analysis the facility or supplier has conducted 
on their own to determine that Part 98 applies, and on best engineering 
judgment as to the specific subparts that apply at the time that the 
COR is submitted. There would be no legal obligation to include GHG 
data for a particular subpart in the annual GHG report only because 
that subpart was included in the list of subparts submitted in the COR. 
Rather, the annual report must include all of the subparts that the DR 
determines meet the applicability requirements of 40 CFR 98.2 at any 
time during a reporting year. Also, the facility or supplier is not 
required to maintain any records to support the listing of subparts in 
the COR.
    Finally, we are proposing to add provision 40 CFR 98.2(i)(6) to 
include a requirement that a facility must inform the EPA whenever the 
facility (or supplier) stops reporting under one e-GGRT identification 
number because the emissions (or quantity supplied) are being reported 
under another e-GGRT identification number. The EPA anticipates that 
this would occur when one facility purchases another facility (in its 
entirety) that is physically adjacent. The emissions from the purchased 
process equipment would automatically become part of the facility for 
the purchaser, and the facility previously reported by the seller would 
no longer exist. In general, the rule currently requires a facility 
reporting under an e-GGRT identification number to have a valid reason 
for discontinuing reporting under that e-GGRT identification number and 
to notify the EPA of that valid reason. The e-GGRT system is set up to 
collect such notification from the discontinuing reporter, and the EPA 
routinely follows up with all facilities that have discontinued 
reporting without providing a valid reason. On several occasions, a 
facility that was discontinuing reporting under its e-GGRT 
identification number contacted the GHGRP Help Desk in an attempt to 
notify the EPA that the emissions would be reported under another e-
GGRT identification number. In those cases, the discontinuing reporter 
was looking for a formal way to transfer the reporting obligation to 
the other facility and confirm that the reporter was no longer 
responsible for reporting those emissions. The rule currently does not 
require reporting of any information from which the EPA could ascertain 
that the discontinuation of reporting was done for a valid reason or 
with which the discontinuing reporter could make a formal notification. 
To ensure that the EPA is aware of situations when an annual report for 
a facility or supplier

[[Page 2550]]

is no longer required because the emissions will now be reported under 
a different facility, we are proposing the following changes: If a 
facility reported GHG emissions in the previous year, and the GHG 
emissions are being reported as part of another facility in the current 
reporting year, the prior facility must notify the EPA of the e-GGRT 
facility identification number under which the emissions are reported 
in the current reporting year. A similar requirement would apply to 
suppliers. In other words, whenever a business relationship such as an 
acquisition, merger, or joint venture abrogates a facility or supplier 
that previously registered in e-GGRT and submitted an annual GHG 
report, the designated representative for the subsumed facility or 
supplier would have to report the e-GGRT identification number of the 
reconstituted facility or supplier. The facility identification number 
should be readily available to the reporter, and this change would 
allow the EPA to better assess compliance with the Program while 
providing the subsumed facility or supplier a formal method of 
notifying the EPA of their valid reason for discontinuing reporting. 
This provision would not include Onshore Petroleum and Natural Gas 
Production Facilities reporting under subpart W, consistent with FAQ 
749,\5\ which currently does not require these facilities to notify the 
EPA when they discontinue reporting because of a change in ownership of 
all wells and associated equipment in a basin. In proposing this 
change, the EPA is seeking comment on whether requiring the 
reconstituted entity to report the e-GGRT identification number of the 
subsumed facility or supplier would impose less burden on the regulated 
community while achieving the same objectives.
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    \5\ The EPA publishes Frequently Asked Questions to provide 
general and administrative information about 40 CFR part 98. FAQ 749 
is available at: http://www.ccdsupport.com/confluence/pages/viewpage.action?pageId=198705183.
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    For more information on subpart A confidentiality determinations 
resulting from these proposed revisions, see section IV of this 
preamble.
3. Other Amendments to Subpart A
    For reasons described in section II.C of this preamble, we are also 
proposing to revise 40 CFR 98.3(h)(4) to simplify the process for 
requesting an extension for the reporter to respond to the EPA's 
questions on a submitted report or submit a revised report to correct a 
reporting error identified by the EPA during report verification. 
Currently, reporters are allowed a 45-day period to respond to the 
EPA's questions and may request an extension of 30 days, which is 
automatically granted, if needed. The Administrator may also grant an 
additional extension beyond the automatic 30-day extension, if the 
owner or operator submits a request for an additional extension at 
least 5 business days prior to the expiration of the automatic 30-day 
extension. We are proposing to remove the requirement that the request 
for an extension beyond the automatic 30 days must be submitted at 
least 5 days prior to the expiration of the automatic 30-day extension. 
Reporters would still be required to submit a request for the 
additional extension, but they may do so closer to (but not after) the 
expiration date of the automatic 30-day extension.
    We are also proposing two amendments to subpart A of Part 98 to 
clarify a definition in 40 CFR 98.6. We are proposing to amend the 
definition of ``gas collection system'' to clarify that active venting 
systems that convey landfill gas to the surface of the landfill by 
mechanical convection, but the landfill gas is never recovered or 
thermally destroyed prior to release to the atmosphere, are not 
considered a landfill gas collection system. The requirements in 
subpart HH for gas collection systems are specific to landfill gas that 
is recovered or destroyed, but ``active venting'' systems appear to 
meet the definition of gas collection systems. The proposed revision 
clarifies that ``active venting systems'' are not subject to the 
monitoring and calculation requirements for landfills with gas 
collection systems.
    The EPA is proposing to amend the definitions for ``ventilation 
hole or shaft'' in 40 CFR 98.6 to clarify that the term ``vent hole or 
shaft'' for mine ventilation systems includes mine portals, adits, and 
other mine entrances and exits used to move air from the ventilation 
system out of the mine. The proposed change is prompted by questions 
that we have received from reporters during the first four years of 
implementation, seeking guidance on whether these ventilation system 
components are considered part of the source category definition. 
Portal and adit are terms sometimes used to describe mine entries and 
shafts. The intent of the rule is to capture all points in the 
ventilation system where methane emissions may exhaust to the 
atmosphere. Adding these terms should provide clarity for reporters. We 
do not expect this rule change to result in an additional burden to 
reporters; it is a clarification to provide further guidance in 
applicability. However, the EPA does expect this proposed change to 
improve the accuracy of reporting.
4. Minor Corrections and Clarifications to Subpart A
    For the reasons described in section II.D of this preamble, we are 
proposing several minor corrections and clarifications to subpart A of 
Part 98, including clarifications to definitions, editorial changes, 
and clarifications to reporting requirements. These minor revisions are 
summarized in the Table of Revisions available in the docket for this 
rulemaking (Docket Id. No. EPA-HQ-OAR-2015-0526).

B. Subpart C--General Stationary Fuel Combustion Sources

    In this action, we are proposing several amendments, 
clarifications, and corrections to subpart C of Part 98. This section 
discusses the substantive changes to subpart C; additional minor 
amendments, corrections, and clarifications are summarized in the Table 
of Revisions available in the docket for this rulemaking (Docket Id. 
No. EPA-HQ-OAR-2015-0526).
1. Revisions to Subpart C To Improve Quality of Data Collected in Part 
98
    For the reasons described in section II.B of this preamble, we are 
proposing revisions that would allow the EPA to collect data that would 
improve the EPA's ability to verify data under Part 98, while generally 
resulting in only a slight increase in burden for reporters. First, the 
EPA is proposing to require reporting of the moisture content used to 
correct the default high heating value (HHV) for wood and wood 
residuals (dry basis) in Table C-1, in accordance with the procedures 
of footnote 5 in Table C-1. The Table C-1 default HHV for wood and wood 
residuals assumes that the wood and wood residuals are dry (i.e., zero 
percent moisture content). However, wood and wood residuals are often 
wet when combusted. Applying the wet weight of the wood to the dry 
basis HHV overestimates emissions, as a portion of the weight that is 
combusted is water.
    Facilities raised this concern through the GHGRP Help Desk and the 
EPA responded by adding footnote 5 to Table C-1 in the 2013 Revisions 
Rule, which allowed reporters to correct the default dry basis HHV to a 
wet basis. Currently e-GGRT and IVT require the use of the default dry 
basis HHV when reporting wood and wood residuals using Equations C-1 
and C-8. For reporters that need to correct their HHV, the only option 
available is to override the e-GGRT or IVT calculated value, which is 
on a dry basis.

[[Page 2551]]

    The EPA is proposing to add the moisture correction calculation as 
a reporting element, as well as a data element that would be entered 
into IVT for those reporters using IVT. This would allow the EPA to 
verify the accuracy of the moisture content and resultant emissions. 
Based on current reporting year data, approximately 132 facilities (167 
units) would be affected by this new data element. The EPA anticipates 
that the impact of this new data element will be minimal, as moisture 
content is already determined by the facilities that correct the HHV of 
their wood products.
    Because the new data element is an input to an emission equation, 
the EPA evaluated the data element to determine if its public release 
would cause disclosure concerns as was done for all inputs to equations 
through a previous action (79 FR 63750, October 24, 2014).\6\ In the 
evaluation conducted for the October 24, 2014 action, the EPA described 
in section 2.2 of Part 2 of the memorandum ``Final Evaluation of 
Competitive Harm from Disclosure of `Inputs to Equations' Data Elements 
Deferred to March 31, 2015,'' September 2014 (available in Docket Id. 
No. EPA-HQ-OAR-2010-0929) that data related to ``process design, 
process performance, and/or cost to do business'' could be detrimental 
to a firm's competitiveness. After considering this newly proposed data 
element, we have determined that for those subpart C combustion sources 
that do not meet the criteria specified in 40 CFR 98.36(f),\7\ this 
data element fits the description of being related to ``process design, 
process performance, and/or costs to do business.'' Specifically, for 
industrial facilities that produce wood and wood residuals as a 
production process byproduct (e.g., pulp and paper production), the 
moisture content of the wood and wood residuals affects the heating 
value of the wood fuel used to produce steam for the production 
process. As such, moisture content could reveal information about 
process efficiency and the cost to produce a product. However, given 
the wide range of industries subject to the wood and wood residuals 
reporting requirements under subpart C, it is possible that there are 
industries that do not have concerns disclosing the proposed new data 
element. In light of the above, we propose to allow reporters to elect 
under 40 CFR 98.3(d)(3)(v) and 40 CFR 98.36(a) (for subpart C sources 
that do not meet the criteria specified in 40 CFR 98.36(f)) to either 
enter the moisture content into IVT or, if potential disclosure is not 
a concern to the reporter, report the data.\8\ If a reporter were to 
elect to enter the data into IVT, the reporter would also be required 
to keep a record of the data as specified in proposed new 40 CFR 
98.37(b)(37).
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    \6\ The October 24, 2014 action used the process established in 
the notice ``Change to the Reporting Date for Certain Data Elements 
Required Under the Mandatory Reporting of Greenhouse Gases Rule'' 
(76 FR 53057, August 25, 2011, hereafter referred to as the ``Final 
Deferral Notice'') and the accompanying memorandum entitled 
``Process for Evaluating and Potentially Amending Part 98 Inputs to 
Emission Equations'' (Docket Id. No. EPA-HQ-OAR-2010-0929) to 
determine if there are any associated disclosure concerns. In the 
``Revisions to Reporting and Recordkeeping Requirements under the 
GHGRP'' (79 FR 63750, October 24, 2014, hereafter referred to as the 
``Final Inputs Rule''), the EPA finalized an approach for addressing 
disclosure concerns associated with inputs to emissions equations, 
in which the inputs for which disclosure concerns were identified 
are entered and verified in the EPA's inputs verification tool 
(IVT). IVT is a software tool that verifies emissions without the 
inputs being reported to EPA. Inputs to emissions equations for 
which disclosure concerns have been identified are entered into the 
tool. IVT uses the entered inputs to calculate emission equation 
results. IVT does not retain the entered inputs but conducts certain 
checks of the inputs and calculated emissions values and generates a 
verification summary. The same process was used for the evaluation 
of this new input to equation data element.
    \7\ 40 CFR 98.36(f) specifies the following criteria for 
combustion sources: (1) The stationary fuel combustion source 
contains at least one combustion unit connected to a fuel-fired 
electric generator owned or operated by an entity that is subject to 
regulation of customer billing rates by the public utility 
commission (excluding generators that are connected to combustion 
units that are subject to subpart D of this part); and (2) the 
stationary fuel combustion source is located at a facility for which 
the sum of the nameplate capacities for all electric generators 
specified in paragraph (f)(1) of this section is greater than or 
equal to 1 megawatt electric output.
    \8\ If a reporter elects to report the moisture content of wood 
and wood residuals for a source that does not meet the criteria 
specified in 40 CFR 98.36(f), e-GGRT will require the reporter to 
waive the right to make confidentiality claims before reporting the 
moisture content via e-GGRT.
---------------------------------------------------------------------------

    After considering whether disclosure concerns exist for those 
sources that meet the criteria in 40 CFR 98.36(f), the EPA has 
determined that the moisture content of the wood and wood residuals 
would not reveal any proprietary information about facility or process 
performance, design, and operation; cost to do business; raw material 
usage; or production. Site-specific fuel characteristics do not vary 
significantly from publicly-known average values. Additionally for the 
electric utilities, this sector has experienced a high level of 
transparency due to the practice of passing fuel costs through to 
paying customers. The EPA is proposing that, for sources that meet the 
criteria in 40 CFR 98.36(f), there are no disclosure concerns and the 
moisture content of the wood and wood residuals must be reported in e-
GGRT.
    For emissions reported using the aggregation of units (GP) and 
common pipe (CP) configurations, the EPA does not currently have the 
ability to compare emissions to the cumulative maximum rated heat input 
capacity for the units in the configuration. This information is 
important for verifying these emissions. The EPA is proposing to 
resolve this gap in verification by requiring reporting of the 
cumulative maximum rated heat input capacity for all units (within the 
configuration) that have a maximum rated heat input capacity greater 
than or equal to 10 (mmBtu/hr).
    When originally promulgated, 40 CFR 98.36(c) required the 
cumulative heat input capacity for all units in GP and CP 
configurations. These requirements were removed in December 2010 
amendments to the Greenhouse Gas Reporting Rule (75 FR 79092, December 
17, 2010). The 2010 final rule noted that for verification purposes, 
``the only critical data element is the maximum rated heat input 
capacity of the largest unit in the group'' (75 FR 79117). Although the 
highest maximum rated heat input capacity of any unit in these 
configurations is useful in verifying compliance with the rule 
requirements, it does not provide enough information to assess the 
quality of emissions reported under these configurations.
    Currently over 50 percent non-biogenic CO2 reported 
under subpart C is reported using GP and CP configurations. Therefore, 
we have identified the need to obtain additional information on these 
reporting configurations to further assess data quality for these 
reported emissions. The cumulative maximum rated heat input capacity 
will be used to verify that emissions data are not over or under 
reported for GP and CP configurations.
    In the December 2010 amendments (75 FR 79117), commenters 
highlighted the burden associated with determining the maximum rated 
heat input capacity and maintaining an equipment count for small 
domestic combustion sources (e.g., water heaters, furnaces, space 
heaters) located at large industrial facilities. The EPA agrees with 
the commenters' position and believes that meaningful data verification 
can be achieved without requiring information on small domestic 
combustions sources, as GHG emissions data are typically dominated by 
larger emission units.
    There were approximately 7,000 GP and CP configurations reported in 
2014, out of the total 18,000 configurations reported in subpart C. Of 
these, approximately 2,250 reporting configurations reported that the 
highest maximum rated heat input capacity of

[[Page 2552]]

any unit in the configuration was less than 10 (mmBtu/hr). The total 
non-biogenic CO2 reported from these 2,250 configurations 
was approximately 2 percent of the total non-biogenic CO2 
reported for all 7,000 GP and CP configurations. The remaining 98 
percent of non-biogenic CO2 reported came from the 4,750 GP 
and CP configurations that identified the highest maximum rated heat 
input capacity of any unit as greater than or equal to 10 (mmBtu/hr). 
These data provide evidence that using the heat input capacity 
information from units greater than or equal to 10 mmBtu/hr will allow 
for meaningful data validation without mandating over-burdensome 
requirements for reporters.
    When reporting the cumulative maximum rated heat input capacity, 
reporters will not be required to account for units less than 10 mmBtu/
hr. For GP configurations, this means that the cumulative maximum rated 
heat input capacity will be determined as the sum of the maximum rated 
heat input capacities for all units in the group that are greater than 
or equal to 10 (mmBtu/hr) and less than or equal to 250 (mmBtu/hr). 
Units with a maximum rated heat input capacity greater than 250 mmBtu/
hr are not allowed to use the GP configuration. For CP configurations, 
the cumulative maximum rated heat input capacity will be determined as 
the sum of the maximum rated heat input capacities for all units served 
by the pipe that are greater than or equal to 10 (mmBtu/hr). Note that 
fuel use and corresponding emissions are still required to be reported 
for units with a maximum rated heat input capacity less than 10 (mmBtu/
hr). Emissions reporting of GHGs for GP and CP configurations will 
remain unchanged.
    Approximately 2,250 existing GP and CP reporting configurations 
will not be affected by this new requirement. Approximately 4,750 GP 
and CP reporting configurations will be required to determine and 
report cumulative maximum rated heat input capacity. This equates to 
approximately 3,540 affected facilities (out of the roughly 5,925 
reporting in subpart C). However, many of these affected facilities 
will likely benefit from not having to account for units with a heat 
input capacity less than 10 (mmBtu/hr). The EPA believes that the 
burden associated with determining the cumulative maximum rated heat 
input capacity for GP and CP configurations will be minimal. Existing 
air permits and compliance records for other federal and state 
regulations likely contain heat input capacity data for many of the 
affected sources (i.e., units greater than or equal to 10 mmBtu/hr). 
The proposed requirement for reporting of the cumulative maximum rated 
heat input capacity for GP and CP reporting configurations would 
greatly improve the ability to verify emissions for these 
configurations.
    For more information on subpart C confidentiality determinations 
resulting from these proposed revisions, see section IV of this 
preamble.
2. Other Amendments to Subpart C
    For the reasons described in section II.C of this preamble, we are 
proposing revisions to the requirements of 40 CFR part 98, subpart C 
(General Stationary Fuel Combustion Sources) to (1) clarify the 
reporting requirements when the results of HHV sampling are received 
less frequently than monthly for certain sources; (2) streamline the 
conversion factors used to convert short tons to metric tons; and (3) 
revise Tables C-1 and C-2 to more clearly define emission factors for 
certain petroleum products.
    First, we are proposing to amend 40 CFR 98.33(a)(2)(ii)(A) to 
clarify the definition of terms for Equation C-2b in cases where the 
results of HHV sampling are received less frequently than monthly. 
Reporters subject to 40 CFR 98.33(a)(2)(ii)(B) may use Equation C-2b, 
however the equation currently defines the frequency of HHV sampling as 
monthly. This proposed revision will replace the term ``month'' in the 
equation inputs ``(HHV)I,'' ``(Fuel)I,'' and 
``n'' with the term ``samples.''
    We are proposing changes to Tables C-1 and C-2 to remove 
duplication and to further classify several fuels to provide clarity. 
These changes are minor clarifications to existing rule requirements 
and, therefore, do not impact the burden on reporters. The first change 
that we are proposing to Table C-1 is to remove duplication of default 
HHV and CO2 emission factors for petroleum coke. Petroleum 
coke is currently listed under both the ``Petroleum products'' category 
and ``Other fuels--solid'' category. To avoid confusion with the 
classification of this fuel, we propose to remove petroleum coke from 
both of these categories and to include the fuel under a new category 
entitled ``Petroleum products--solid.''
    The second change to Table C-1 proposed is to move the fuel propane 
gas from the ``Other fuels--gaseous'' category into a new category 
entitled ``Petroleum products--gaseous.'' Propane is also included 
under the ``Petroleum products'' category, and we are not proposing to 
remove propane from this category as a majority of reporters use this 
fuel type when reporting use of propane. To help clarify that all fuels 
in the ``Petroleum products'' category are liquid fuels, we propose to 
rename this category to ``Petroleum products--liquid.'' In conjunction 
with the changes to Table C-1 for propane and petroleum coke, we are 
also proposing to change Table C-2 to further clarify that these fuels 
are considered petroleum products and their methane (CH4) 
and N2O emissions should be calculated and reported 
accordingly. Therefore we propose to change the ``Petroleum (All fuel 
types in Table C-1)'' category to ``Petroleum Products (All fuel types 
in Table C-1),'' which will encompass all liquid, solid, and gaseous 
petroleum products.
    We are also proposing another change to Table C-2 to further 
streamline the CH4 and N2O emission factors for 
fuels in the ``Other fuels--solid'' category. With the proposed 
reclassification of petroleum coke from this category to a new solid 
petroleum products category, the remaining fuels are municipal solid 
waste (MSW), tires and plastics. Both MSW and tires are listed in Table 
C-2 and have identical CH4 and N2O emission 
factors, however plastics are not included in the table. We are 
proposing to combine the MSW and tire line items into an ``Other 
fuels--solid'' category, which would encompass all three solid fuels 
(i.e., MSW, tires and plastics).
    Finally, we are proposing to update the Standard Test Methods for 
Determining the Biobased Content of Solid, Liquid, and Gaseous Samples 
using Radiocarbon Analysis (ASTM D6866-08) to the current standard 
(ASTM D6866-12). The proposed change would revise references to the 
method in 40 CFR 98.34(d) and (e), 40 CFR 98.36(e)(2), and include a 
harmonizing change to 40 CFR 98.7(e)(33).
3. Minor Corrections and Clarifications to Subpart C
    In addition to the substantive changes proposed, as described in 
section II.D of this preamble, we are proposing minor revisions that 
are intended to clarify specific provisions in subpart C. These minor 
revisions are summarized in the Table of Revisions available in the 
docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2015-0526).

C. Subpart E--Adipic Acid Production

    In this action, we are proposing amendments to subpart E of Part 98 
(Adipic Acid Production). This section discusses all of the proposed 
amendments to subpart E.

[[Page 2553]]

1. Revisions to Subpart E To Streamline Implementation
    For the reasons described in section II.A of this preamble, we are 
proposing one amendment that is intended to simplify and streamline the 
requirements of subpart E and increase the efficiency of the report 
submittal process. We are proposing to revise 40 CFR 98.53(a)(2) to 
remove the annual approval for an alternative method for determining 
N2O emissions request by the reporter and the annual request 
approval by the EPA if the reporter's methodology has not changed.
    Reporters that are subject to subpart E are allowed to use an 
alternative method to calculate N2O emissions from the 
production of adipic acid. The alternative method must be approved by 
the EPA before being used to comply with subpart E. Currently, 
reporters who choose to use the alternative method are required to 
request approval on an annual basis and provide the following 
information:
     The calculation method for determining annual 
N2O emissions;
     associated data collection procedures (parameters, how the 
parameters will be determined, frequency of data collection);
     initial and ongoing monitoring and quality assurance (QA)/
quality control (QC) procedures;
     missing data procedures that will be applied in the event 
that quality-assured parameters are unavailable (e.g., if a CEMS 
malfunctions during a unit operation);
     any N2O emissions abatement technology that is 
being used on this unit or process;
     any specific test methods or industry consensus standards 
that would be applied (ASTM, EPA, etc.) for data collection or 
monitoring; and
     any data reporting elements, in addition to the elements 
required in the rules, which would be provided to the EPA to verify the 
calculated emissions using the alternative method.
    In this rulemaking, the EPA is proposing to allow additional 
flexibility in the use of alternative methods by removing the annual 
approval request. Unless there have been changes in the reporter's 
methodology. If a reporter received approval to use an alternative 
method in the previous reporting year and the methodology has not 
changed, the EPA is proposing that the request for use of the 
alternative method be automatically approved for subsequent reporting 
years. For most reporters, the alternative method is based on 
innovative methodologies that are already in practice at the facility, 
so the underlying monitoring, data collection, and QA/QC procedures 
used are unlikely to change from one reporting year to the next. The 
reporter would only need to notify the EPA that it is using an already 
approved alternative method. This notification would be included in the 
annual report submission. If, however, a reporter makes any changes to 
the previously-approved alternative method, then it must request 
permission to use the revised method as stated in 40 CFR 98.53(a)(2). 
Not only would this proposed change add flexibility to the reporters, 
it would also reduce the burden for reporters to comply with subpart E. 
By requiring requests only for new approvals or for methodologies that 
have changed since prior approval, the EPA burden required to review 
and approve the methodologies would also be reduced.
2. Revisions to Subpart E To Improve the Quality of Data Collected 
Under Part 98 and Improve the U.S. GHG Inventory
    For the reasons described in section II.B of this preamble, we are 
proposing one amendment that is intended to improve the quality of data 
collected under subpart E while generally resulting in only a slight 
increase in burden for reporters. We are proposing to revise 40 CFR 
98.56(f) to require reporting of the date of installation of any 
N2O abatement technology (if applicable). This information 
is readily available or already collected by reporters, and would not 
require additional data collection or monitoring. This data element 
could be carried over from one reporting year to the next. The reporter 
would not be required to make changes unless additional abatement 
technology is installed at a later date. The addition of this data 
element would help improve our understanding of the use and trends in 
emissions reduction technologies and the accuracy of the U.S. GHG 
Inventory by improving the accuracy of trend estimates for this sector. 
Specifically, the proposed data element would allow for improved 
analysis of emissions by enabling the EPA to more accurately apply the 
applicable emission factors over specific time periods, depending on 
whether the emissions were exhausted to an N2O abatement 
technology during that time period. For more information on subpart E 
confidentiality determinations resulting from these proposed revisions, 
see section IV of this preamble.

D. Subpart F--Aluminum Production

    In this action, we are proposing several technical amendments to 40 
CFR part 98, subpart F (Aluminum Production). This section discusses 
the substantive changes to subpart F; additional minor corrections and 
clarifications are summarized in the Table of Revisions available in 
the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2015-0526).
1. Revisions to Subpart F To Improve Quality of Data Collected in Part 
98 and Improve the U.S. GHG Inventory
    For the reasons described in section II.B of this preamble, we are 
proposing several amendments to 40 CFR 98, subpart F to improve the 
quality of the data collected under Part 98 and improve the U.S. GHG 
Inventory. We are proposing to require reporting of two data elements 
that influence perfluorocarbon (PFC) emissions from aluminum 
production: annual average anode effect minutes per cell-day and annual 
smelter-specific slope coefficients. These proposed revisions are 
intended to collect more accurate and informative data. As discussed in 
section II.B of this preamble, these proposed revisions would allow the 
EPA to collect data that would improve the EPA's understanding of GHG 
emissions from aluminum production while generally resulting in only a 
slight increase in burden for reporters.
    The annual average anode effect minutes per cell day is a measure 
of the fraction of the time during which aluminum electrolysis cells 
are operating that the cells are experiencing process disturbances 
known as anode effects. PFC emissions from aluminum production are 
closely associated with the frequency and duration of anode effects.\9\ 
Smelter-specific slope coefficients are a measure of the relationship 
between average anode effect minutes per cell day, aluminum production, 
and PFC emissions at individual smelters.
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    \9\ Recent research has revealed that PFC emissions may also 
occur from some aluminum smelters in the absence of anode effects as 
those are traditionally defined. These ``non-anode-effect 
emissions'' are particularly prevalent in recently built smelters 
that use very large cells, i.e., cells containing 40 or more anodes. 
Most U.S. smelters do not use such large cells.
---------------------------------------------------------------------------

    Both data elements were included in the 2009 Greenhouse Gas 
Reporting Rule. However, in the Final Deferral Notice published on 
August 25, 2011, we deferred reporting of the data elements because 
they were classified as inputs to emission equations (76 FR 53057).\10\ 
The two data elements were

[[Page 2554]]

considered inputs into Equation F-2. In the Final Inputs Rule (79 FR 
63750, October 24, 2014), we decided not to collect these data elements 
and to include the inputs into Equation F-2 in IVT. However, after 
further investigation, we have determined that for average anode effect 
minutes per cell day, the actual input in Equation F-2 is a monthly 
average, while the removed reporting element is an annual average.\11\ 
Consequently, annual average anode effect minutes per cell day is not 
an input to an emission equation and, if restored as a reporting 
element, would be eligible for confidential treatment. As discussed in 
section IV of this preamble, we are proposing to determine that the 
annual average of the anode effect minutes per cell day is CBI.
---------------------------------------------------------------------------

    \10\ See the final rule titled ``Revisions to Reporting and 
Recordkeeping Requirements, and Confidentiality Determinations Under 
the Greenhouse Gas Reporting Program,'' (79 FR 63753-54, October 24, 
2014) for a full discussion of the history of EPA's treatment of 
inputs to emission equations under the GHGRP.
    \11\ Although a monthly total of metal production is used in 
Equation F-2, the annual total metal production is used in Equations 
F-5 and F-6; thus, we are not proposing to collect annual metal 
production.
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    IVT currently requires the entry of monthly anode effect minutes 
and smelter-specific slope coefficients (along with monthly metal 
production), allowing PFC emission estimates from smelters to be 
verified. However, our interest in anode effect minutes and slope 
coefficients goes beyond verification of emission estimates. 
Specifically, the annual average of anode effect minutes is of interest 
because it provides insight into one of the key drivers of PFC 
emissions from primary aluminum production at the facility and U.S. 
level. This data element helps us to understand why emissions have 
increased or decreased in a particular year or over longer periods. 
Thus, it is important for informing the development of future GHG 
policies and programs. In addition, it is important for explaining U.S. 
emission trends through the U.S. GHG Inventory. Before the GHGRP became 
effective, anode effect minutes (as well as smelter-specific slope 
coefficients) had been provided to the EPA by most U.S. smelters under 
the Voluntary Aluminum Industrial Partnership (VAIP), although anode 
effect minutes was reported as a company-wide (rather than smelter-
specific) average by some companies in some years.\12\
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    \12\ Although the VAIP program continues, GHGRP reporting 
supplanted reporting under the VAIP.
---------------------------------------------------------------------------

    Smelter-specific slope coefficients also influence emissions. 
Because they are relatively stable over time (under subpart F, they are 
required to be re-measured every ten years), they do not drive trends 
in the same way that metal production and anode effect minutes do. 
However, they do contribute to differences in emission rates from 
different smelters and are therefore of interest for purposes of 
informing GHG policies and programs.
    Smelter-specific slope coefficients are inputs to emission 
equations (i.e., to Equation F-2). In the analysis titled, ``Final 
Evaluation of Competitive Harm from Disclosure of ``Inputs to 
Equations'' Data Elements Deferred to March 31, 2015'' (September, 
2014, available in docket EPA-HQ-OAR-2010-0929), we concluded that 
smelter-specific slope coefficients provided data related to process 
efficiency and also provided data that could be used to calculate the 
mass of aluminum produced if both the anode effect minutes and reported 
GHG emissions were also known. (The product of the slope coefficient, 
monthly metal produced, and monthly average anode effect minutes is the 
CF4 emissions from the smelter or potline.) However, we are now 
revisiting this conclusion in light of our proposed determination that 
the annual average of the anode effect minutes is CBI. Without data on 
anode effect minutes, data on smelter-specific slope coefficients pose 
few, if any, disclosure concerns. Most variability in process 
efficiency is driven by anode effect minutes, not smelter-specific 
slope coefficients, and it is not possible to back-calculate metal 
production without anode effect minutes.\13\ Therefore, in conjunction 
with our proposed determination that the annual average of the anode 
effect minutes is CBI, we are proposing to revise the findings in the 
Final Inputs Rule and to now find no disclosure concerns associated 
with this input to equation, and are proposing to collect this data. 
Note that we would continue to use IVT to verify the results of 
Equation F-2 because we would be collecting only one of the three 
inputs to this equation.\14\
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    \13\ A review of the slope coefficients and anode effect minutes 
provided under the VAIP showed that the relative standard deviation 
of smelter-specific slope coefficients was 32 percent, while the 
relative standard deviation of anode effect minutes was 95 percent. 
The comparison was made for the year 2007 because that is the most 
recent year for which detailed smelter-specific slope coefficients 
were available.
    \14\ IVT will use the data element reported to e-GGRT to 
calculate the emissions value.
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2. Minor Corrections and Clarifications to Subpart F
    In addition to the substantive changes proposed, as described in 
section II.D of this preamble, we are proposing minor revisions that 
are intended to clarify specific provisions in subpart F. These minor 
corrections are summarized in the Table of Revisions available in the 
docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2015-0526).

E. Subpart G--Ammonia Manufacturing

    In this action, we are proposing multiple amendments to subpart G 
of Part 98 (Ammonia Manufacturing). This section discusses all of the 
proposed changes to subpart G.
1. Revisions to Subpart G To Improve Quality of Data Collected in Part 
98 and Improve the U.S. GHG Inventory
    For the reasons described in section II.B of this preamble, we are 
proposing revisions that would allow the EPA to collect data that would 
improve the EPA's understanding of GHG emissions from ammonia 
manufacturing while generally resulting in only a slight increase in 
burden for reporters. Specifically, we are proposing to add three data 
reporting elements. We are proposing to amend 40 CFR 98.76(a) to 
require reporting of annual ammonia production for facilities where a 
CEMS is used to measure CO2 emissions, 40 CFR 98.76(b)(2) to require 
reporting of annual feedstock consumption, and 40 CFR 98.76(b)(7) to 
require reporting of annual average carbon content. These data elements 
are readily available so these proposed changes would have no impact on 
burden for the reporters.
    The addition of these data elements would improve the EPA's ability 
to verify reported GHGRP emissions, and enable the EPA to transparently 
apply more advanced calculation methods \15\ (based on total fuel 
requirements) for determining emissions from ammonia production within 
the U.S. GHG Inventory, using aggregated facility level GHGRP data. 
Currently, the annual U.S. GHG Inventory emissions estimates are based 
on multiplication of a technology-feedstock type specific default 
emission factor and national ammonia production. Further data on 
feedstock consumption and associated carbon contents would assist the 
EPA in reconciling CO2 estimates of non-energy use of fuels 
in the energy sector and CO2 process emissions from ammonia 
production. Finally, collecting annual ammonia production from 
facilities where a CEMS is used to measure CO2 emissions 
ensures data completeness if ammonia manufacturers begin employing CEMS 
in the future, and enhances the EPA's ability to verify

[[Page 2555]]

reported information. Currently, annual ammonia production is collected 
on a facility basis, but only for facilities without CO2 
CEMS. For more information on subpart G confidentiality determinations 
resulting from these proposed revisions, see section IV of this 
preamble.
---------------------------------------------------------------------------

    \15\ See Equation 3.4 (Tier 3), p. 3.13 and 3.15. 2006 IPCC 
Guidelines for National Inventories, Volume 3, Chapter 3, Section 
3.2: Ammonia Production; Section 4.5 (p. 4-20) of U.S. Inventory. 
Available at: http://www.epa.gov/climatechange/Downloads/ghgemissions/US-GHG-Inventory-2015-Chapter-4-Industrial-Processes.pdf.
---------------------------------------------------------------------------

2. Other Amendments to Subpart G
    For the reasons described in section II.C of this preamble, we are 
proposing multiple amendments to Subpart G to clarify the EPA's 
intentions related to the reporting of annual ammonia production and 
annual methanol production. We are proposing to amend 40 CFR 98.74(f) 
to read, ``You may use company records or an engineering estimate to 
determine the annual ammonia production and the annual methanol 
production.'' We are also proposing to clarify the requirement to 
report annual methanol production for each process unit in 40 CFR 
98.76(b)(15) by adding that this information must be reported 
``regardless of whether the methanol is subsequently destroyed, vented, 
or sold as product.'' These amendments will clarify the original intent 
of the requirements and reduce uncertainty from reporters by addressing 
multiple Help Desk questions, including questions related to the 
reporting of methanol that were raised during the RY2014 reporting 
period.

F. Subpart I--Electronics Manufacturing

    In this action, we are proposing several amendments, 
clarifications, and corrections to subpart I of Part 98 (Electronics 
Manufacturing). The reporting requirements for the electronics 
manufacturing sector were initially promulgated under subpart I on 
December 1, 2010 (75 FR 74774). Since the promulgation of that final 
rule, the EPA has published several rules to amend the calculation, 
monitoring, and reporting provisions of subpart I to respond to 
concerns raised by reporters and representatives from the semiconductor 
industry. Notably, the EPA finalized substantial amendments to 
provisions in subpart I on November 13, 2013 (78 FR 68162). These 
amendments included significant revisions to the methods for 
calculating GHG emissions, including revised default emission factors 
and the addition of a new stack test methodology, as well as 
substantial revisions to monitoring methodologies, data reporting and 
recordkeeping requirements, and clarifications to terms and 
definitions. These amendments became effective on January 1, 2014, and 
reporters used the revised requirements in the submittal of their 
annual reports for RY2014.
    In this action, we are not proposing revisions that would include 
significant changes to the calculation methodologies, monitoring 
provisions, or data reporting and recordkeeping requirements of subpart 
I. Rather, we are proposing revisions that we have identified following 
implementation of the November 13, 2013 final rule and through 
discussions with industry stakeholders on how to improve the emissions 
estimates from the electronics manufacturing sector. These proposed 
changes are needed to improve the clarity of the calculation 
requirements and quality of the data collected under subpart I and to 
improve the EPA's understanding of GHG emissions from the electronics 
manufacturing sector.
    This section discusses the substantive changes to subpart I; 
additional minor amendments, corrections, and clarifications are 
summarized in the Table of Revisions available in the docket for this 
rulemaking (Docket Id. No. EPA-HQ-OAR-2015-0526).
1. Revisions to Subpart I To Improve the Quality of Data Collected 
Under Part 98
    For the reasons described in section II.B of this preamble, the EPA 
is proposing several amendments to subpart I that would improve the 
quality of the data collected under the GHGRP. As discussed in section 
II.B of this preamble, we are proposing revisions that would allow the 
EPA to collect more accurate and detailed data which would improve the 
EPA's understanding of sector GHG emissions, while generally resulting 
in only a slight increase in burden for reporters.
    First, the EPA is proposing to revise Equation I-24, including 
revising the name to Equation I-24A, which calculates the weighted-
average fraction of a fluorinated GHG destroyed or removed in a fab 
using the stack testing methodology in 40 CFR 98.93(i), to incorporate 
two changes. First, instead of calculating the weighted-average 
fraction of gas destroyed or removed weighted by the consumption of 
that gas in different process types, the EPA is proposing to revise the 
equation so that the average fraction destroyed or removed is weighted 
by the estimated uncontrolled emissions of that gas from different 
process types. This change is needed to address the fact that the same 
gas can have different emissions when used in different process types, 
and these differences could potentially lead to errors in the 
calculation of the fraction of gas destroyed or removed, especially at 
facilities with a large percentage of tools fitted with abatement. To 
calculate the estimated uncontrolled emissions of each gas, the EPA is 
proposing to use the input gas emission factors from Tables I-3 to I-7 
of subpart I and the consumption of each gas in each process type for 
each fab.
    The second proposed change is to create a second equation (Equation 
I-24B) in 40 CFR 98.93(i) to calculate the weighted-average fraction of 
fluorinated GHG by-product gas ``k'' destroyed or removed in abatement 
systems in each fab using the stack testing methodology. This change is 
needed to clarify how the term dkf, which is used in several 
other equations in subpart I, should be calculated. This second 
equation would also address the fact that the same by-product gas can 
be formed at different rates from different input gas and process 
combinations, which could potentially lead to errors in the calculation 
of the average fraction of by-product gas destroyed or removed, 
especially at facilities with a large percentage of tools fitted with 
abatement. The EPA is also proposing conforming changes throughout 
Subpart I to the rule sections where Equation I-24A and I-24B should be 
referenced.
    Finally, for the triennial technology report required of certain 
facilities as specified in 40 CFR 98.96(y), the EPA is proposing to 
specify that reporters that are providing any utilization and by-
product formation rates and/or destruction or removal efficiency data 
must also include information on the methods and conditions under which 
the data were collected, where such information is available. The 
triennial report would describe, for any utilization, by-product 
formation rate, and/or destruction or removal efficiency data 
submitted: the methods used for the measurements, the wafer size, film 
type being manufactured, substrate type, the linewidth or technology 
node, process type, process subtype for chamber clean processes, the 
input gases used and measured, the utilization rates measured, and the 
by-product formation rates measured, where this information is 
available. All of these data elements, with the exception of substrate 
type and linewidth, were submitted with the emission factor 
measurements provided to the EPA by semiconductor manufacturers during 
the development of the 2010 and 2013 final rules. This information is 
necessary to enable the EPA to better understand the data being 
submitted and to better apply it in the development of new or revised 
emission factors. Without collecting this data, the agency would not be 
able to effectively evaluate how emissions may vary by

[[Page 2556]]

wafer size, film type, substrate type, linewidth or technology node, 
and process type or process subtype. The current subpart I is based on 
the recognition that emission factors vary significantly by wafer size 
and process type and subtype, and given the high rate of technical 
evolution in this sector, film type, substrate type, and linewidth may 
also increasingly affect emission factors. Additionally, the input 
gases used, methods used for measurement, and measured utilization 
rates and byproduct formation rates are vital for the development of 
accurate and useful emission factors.
    For more information on subpart I confidentiality determinations 
resulting from these proposed revisions, see section IV of this 
preamble.
2. Minor Corrections and Clarifications to Subpart I
    For the reasons described in section II.D of this preamble, we are 
proposing several minor corrections and clarification to subpart I of 
Part 98, including editorial changes, harmonizing changes, and 
clarifications to reporting requirements. These minor revisions are 
summarized in the Table of Revisions available in the docket for this 
rulemaking (Docket Id. No. EPA-HQ-OAR-2015-0526).

G. Subpart N--Glass Production

    In this action, we are proposing amendments to subpart N of Part 98 
(Glass Production). This section discusses the substantive changes to 
subpart N; additional minor corrections are summarized in the Table of 
Revisions available in the docket for this rulemaking (Docket ID No. 
EPA-HQ-OAR-2015-0526).
    For the reasons described in section II.C of this preamble, we are 
proposing amendments that are intended to clarify the rule requirements 
in subpart N, while resulting in no impact on burden for reporters. 
Specifically, the changes clarify that a default value of 1.0 can be 
used for the fraction of calcination and the carbonate mass fraction 
for each carbonate type contained in the raw materials charged to the 
furnace. The current rule is unclear as to whether a reporter must 
perform a chemical analysis if they select to use a default value of 
1.0. We are proposing to revise 40 CFR 98.144(b), 40 CFR 98.144(c), 40 
CFR 98.144(d), 40 CFR 98.146(b)(5), and 40 CFR 98.146(b)(7) to clarify 
that no further chemical analysis is required if the default value of 
1.0 is selected. These amendments will clarify the original intent of 
the requirements and address multiple Help Desk questions. Additional 
minor editorial corrections may be found in the Table of Revisions in 
the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2015-0526).

H. Subpart O--HCFC-22 Production and HFC-23 Destruction

    In this action we are proposing several amendments to subpart O of 
Part 98 (HCFC-22 Production and HFC-23 Destruction). This section 
discusses all of the changes to subpart O.
1. Revisions to Subpart O To Streamline Implementation
    For the reasons described in section II.A of this preamble, we are 
proposing several amendments to subpart O that are intended to simplify 
and streamline GHGRP requirements and increase the efficiency of the 
report submittal process, generally resulting in a decrease in burden 
on reporters. We are proposing to revise subpart O to remove three 
reporting requirements related to the revised destruction efficiency 
that facilities are required to calculate in the event that the HFC-23 
concentration that they annually measure at the outlet of the 
destruction device exceeds the concentration measured during the 
performance test that is the basis for the current destruction 
efficiency. The reporting requirements are found at 40 CFR 
98.156(d)(2), (3), and (4) and include, respectively, the concentration 
(mass fraction) of HFC-23 at the outlet of the destruction device, the 
flow rate at the outlet of the destruction device in kilograms per hour 
(kg/hr), and the emission rate (in kg/hr) calculated from these two 
parameters. These reporting requirements were originally intended to 
allow us to verify the calculation of a revised destruction efficiency. 
However, the requirements to report the revised destruction efficiency 
(the result of the calculation) and the flow rate of HFC-23 being fed 
into the destruction device (another input into the calculation) were 
removed by the Final Inputs Rule, and verification of HFC-23 emissions, 
including their destruction, is now conducted by the IVT. Thus, 
reporting these data elements to the EPA is no longer needed.
2. Revisions to Subpart O To Improve the Quality of Data Collected 
Under Part 98 and Improve the U.S. GHG Inventory
    We are also proposing revisions to subpart O to (1) reinstate in 40 
CFR 98.156(d) reporting of the method used to calculate the revised 
destruction efficiency, and (2) require facilities to report HCFC-22 
production and HFC-23 emissions for each HCFC-22 production process 
rather than for the facility as a whole. As discussed in section II.B 
of this preamble, we are proposing revisions that would allow the EPA 
to collect data that would improve the EPA's understanding of GHG 
emissions from HCFC-22 production and HFC-23 destruction while 
generally resulting in only a slight increase in burden for reporters.
    The requirement to report the method used to calculate the revised 
destruction efficiency (not an input to emission equation) was 
inadvertently removed by the Final Inputs Rule. We are proposing to 
reinstate this requirement because it is useful for understanding data 
quality, specifically, the rigor of the method used to revise the 
destruction efficiency.
    Subpart O currently requires facilities to report production and 
emissions information at the facility level although these quantities 
are monitored and calculated at the process level. We are proposing to 
revise the reporting requirements in 40 CFR 98.156(a) to require that 
facilities report production and emissions information for each HCFC-22 
production process. At the time the EPA finalized the subpart O 
requirements (74 FR 56260, October 30, 2009), we had intended to 
collect data on individual HCFC-22 processes, with the understanding 
that each facility had one HCFC-22 process. We have learned since that 
time that some facilities may have more than one HCFC-22 process and we 
are proposing to revise the rule to require reporting for each 
individual process. In the event that a facility has more than one 
HCFC-22 production process, this would provide more precise information 
that would allow us to better verify emissions and understand HFC-23 
trends.
    Reporters in this subpart already monitor, estimate, and record 
process and emissions data on a process basis per 40 CFR 98.153; 
therefore, these proposed rule revisions to report the production and 
emissions data on a process basis are not expected to significantly 
increase burden. For more information on subpart O confidentiality 
determinations resulting from these proposed revisions, see section IV 
of this preamble.

I. Subpart Q--Iron and Steel Production

    In this action we are proposing amendments to subpart Q of Part 98 
(Iron and Steel Production). This section discusses one substantive 
change to subpart Q; additional minor amendments, corrections, and 
clarifications are summarized in the Table of Revisions available in 
the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2015-0526).
    A revision is being made to align with revisions being proposed for 
subpart Y

[[Page 2557]]

(Petroleum Refineries). Under 40 CFR 98.172(b), facilities that report 
to subpart Q are referred to provisions in 40 CFR part 98, subpart Y 
for reporting CO2 emissions from flares that burn blast 
furnace gas or coke oven gas. Subpart Q reporters should refer to 
section III.M.1 of this preamble for proposed revisions to subpart Y 
that would clarify that facilities should exclude pilot gas from the 
flare gas GHG emissions. As discussed in section II.A of this preamble, 
the proposed revisions would simplify data collection and may decrease 
the burden associated with monitoring the flare gas.

J. Subpart S--Lime Manufacturing

    In this action, we are proposing amendments to subpart S of Part 98 
(Lime Manufacturing). This section discusses all the proposed 
amendments to subpart S.
    For the reasons described in section II.B of this preamble, the EPA 
is proposing several revisions to subpart S to improve the quality of 
data collected under Part 98. We are proposing to require reporting of 
three data elements that influence CO2 emissions from lime 
manufacturing: Annual emission factors for each lime product type 
produced, annual emission factors for each calcined byproduct/waste by 
lime type that is sold, and annual average results of chemical 
composition analysis of each type of lime product produced and calcined 
byproduct/waste sold. As discussed in section II.B of this preamble, we 
are proposing revisions that would allow the EPA to collect data to 
improve the EPA's understanding of GHG emissions from lime 
manufacturing and the U.S. GHG Inventory while generally resulting in 
only a slight increase in burden for reporters.
    Similar data elements were included in the 2009 Greenhouse Gas 
Reporting Rule; however, these data elements were monthly values, 
listed in 40 CFR 98.196(b)(2), 40 CFR 98.196(b)(3), and 40 CFR 
98.196(b)(5). However, in a final rule published on August 25, 2011, we 
deferred reporting of the data elements because they were inputs to 
emission equations (76 FR 53057). In the Final Inputs Rule (79 FR 
63750, October 24, 2014), we identified disclosure concerns with these 
data elements and therefore decided not to collect these monthly data 
elements and to include the inputs from Equations S-1 and S-2 in IVT.
    IVT currently requires the entry of monthly calcium oxide and 
magnesium oxide content for Equation S-1, outputting the monthly 
emission factor for lime type; monthly calcium oxide and magnesium 
oxide content for Equation S-2, outputting the monthly emission factor 
for calcined lime byproduct/waste type sold; calcium oxide and 
magnesium oxide content, and annual weight or mass of calcined 
byproducts or wastes for lime type that is not sold for Equation S-3, 
outputting the annual CO2 emissions for calcined lime 
byproduct or waste type that is not sold; and monthly weight or mass of 
lime type produced, monthly weight or mass of calcined byproducts or 
wastes sold for Equation S-4, outputting the annual CO2 
process emissions from lime production from all lime kilns. The IVT 
inputs allow us to verify CO2 emissions from lime kilns.
    Collecting the annual emission factors for each lime product type 
produced, annual emission factors for each calcined byproduct/waste by 
lime type that is sold, and annual average results of chemical 
composition analysis of each type of lime product produced and calcined 
byproduct/waste sold would allow us to understand why emissions have 
increased or decreased in a particular year or over longer periods. 
Thus, they are important for informing the development of future GHG 
policies and programs. In addition, they are important for explaining 
U.S. emission trends through the U.S. GHG Inventory. These annual 
values are not inputs to equations; as described in section IV of this 
preamble, we are proposing that these data elements be eligible for 
confidential treatment.
    For more information on subpart S confidentiality determinations 
resulting from these proposed revisions, see section IV of this 
preamble.

K. Subpart V--Nitric Acid Production

    In this action, we are proposing three amendments to subpart V of 
Part 98 (Nitric Acid Production). This section discusses all of the 
proposed changes to subpart V.
1. Revisions to Subpart V To Streamline Implementation
    For the reasons described in section II.A of this preamble, we are 
proposing one amendment that is intended to simplify and streamline the 
requirements of subpart V and increase the efficiency of the report 
submittal process. We are proposing to revise 40 CFR 98.223(a)(2) to 
conditionally remove the annual approval request by the reporter and 
the annual request approval by the EPA. As further discussed in section 
III.C of this preamble for subpart E, the EPA is proposing that the 
request for use of the alternative method be automatically approved for 
the next reporting year if the reporter received approval to use an 
alternative method in the previous reporting year and the method has 
not changed.
2. Revisions to Subpart V To Improve the Quality of Data Collected 
Under Part 98
    For the reasons described in section II.B of this preamble, we are 
proposing two amendments that are intended to improve the quality of 
data collected under subpart V that would result in a moderate increase 
in burden for reporters. First, we are proposing to revise 40 CFR 
98.220 to change the definition of the source category to require 
reporting from all reporters that produce nitric acid, regardless of 
the nitric acid strength. The subpart V definition was based on the 
Standards of Performance for Nitric Acid Plants in 40 CFR part 60 (77 
FR 48433, August 14, 2012) which covers the emissions of nitrogen 
oxides (NOX) from the production of weak nitric acid 
(specifically between 30 percent and 70 percent in strength). Weak 
nitric acid is produced through a three step process. The majority of 
N2O emissions from nitric acid production occur during 
ammonia oxidation, which is the first step in the process.
    High-strength nitric acid is produced by two different methods. The 
first method begins with producing weak nitric acid and then uses 
extractive distillation to concentrate the nitric acid. Since 
N2O emissions occur only during weak nitric acid production 
and the production of weak nitric acid is covered by the existing 
source category definition, N2O emissions from this high-
strength nitric acid production method are covered by the existing 
nitric acid source category definition. The second method is an 
extended version of the weak nitric acid production process, meaning 
that the high-strength nitric acid is produced in a single nitric acid 
train rather than two separate processes. This combined process is not 
currently covered by the existing source category definition, even 
though the amount of N2O emissions from the process would be 
similar to the weak nitric acid production process.
    When the Greenhouse Gas Reporting Rule was published in 2009, only 
one nitric acid plant in the United States produced nitric acid greater 
than 70 percent in strength. In the interim, further research has 
indicated the existence of three other nitric acid trains capable of 
producing high-strength nitric acid, including one existing plant and 
two potential plants becoming operational as early as the end of 2015. 
See the memorandum, ``Re: Strong Nitric Acid Facilities in the U.S.'' 
from

[[Page 2558]]

Natalie Tang, EPA to Alexis McKittrick and Mausami Desai, EPA, dated 
January 29, 2015, in Docket Id. No. EPA-HQ-OAR-2015-0526.
    Because of increased usage of the high-strength nitric acid process 
in the United States, we are proposing that the definition of nitric 
acid be updated to apply to all nitric acid strengths to ensure that 
subpart V reporting captures all N2O emissions related to 
the production of nitric acid. By revising the definition, the rule 
would avoid confusion and ensure that all nitric acid trains and all 
N2O emissions are subject to subpart V. The applicability 
change would help improve the completeness of reporting under subpart V 
and further standardize Part 98 to be consistent with Intergovernmental 
Panel for Climate Change (IPCC) guidance.
    We are also proposing to revise 40 CFR 98.226(h) to require 
reporting of the date of installation of any N2O abatement 
technology (if applicable). This date is readily available or already 
collected by reporters, and would not require additional data 
collection or monitoring. This data element could be carried over from 
one reporting year to the next. The reporter would not be required to 
make changes unless additional abatement technology is installed at a 
later date. The addition of this data element would help improve the 
accuracy of the U.S. GHG Inventory by improving the accuracy of trend 
estimates for this sector, while generally resulting in only a slight 
increase in burden. Specifically, the proposed data element would allow 
for improved analysis of emissions by enabling the EPA to more 
accurately apply the applicable emission factors over specific time 
periods, depending on whether the emissions were exhausted to an 
N2O abatement technology during that time period. For more 
information on subpart V confidentiality determinations resulting from 
these proposed revisions, see section IV of this preamble.

L. Subpart X--Petrochemical Production

    In this action we are proposing several amendments to 40 CFR part 
98, subpart X (Petrochemical Production). This section discusses the 
substantive changes to subpart X; additional minor amendments, 
corrections, and clarifications are summarized in the Table of 
Revisions available in the docket for this rulemaking (Docket Id. No. 
EPA-HQ-OAR-2015-0526).
1. Revisions to Subpart X To Streamline Implementation
    For the reasons described in section II.A of this preamble, we are 
proposing amendments to subpart X that are intended to simplify, 
streamline, and align with other proposed GHGRP requirements, which 
would generally result in a decrease in burden for reporters. Under 40 
CFR 98.243(c), facilities that report to subpart X are referred to 
provisions in subpart Y for reporting CO2, CH4, 
and N2O emissions from flares. Subpart X reporters should 
refer to section III.M.1 of this preamble for proposed revisions to 
subpart Y that would clarify that facilities have the option to exclude 
pilot gas from the flare gas GHG emissions. As discussed in section 
II.A of this preamble, the proposed revisions would simplify data 
collection and may decrease the burden associated with monitoring the 
flare gas.
    The EPA is also proposing to amend 40 CFR 98.246(a)(5) to allow 
operators of an integrated ethylene dichloride (EDC) and vinyl chloride 
monomer (VCM) process to report either the measured quantity of EDC 
produced or both the measured quantity of VCM and an estimate of the 
amount of EDC produced as an intermediate in the process. We are also 
proposing to modify 40 CFR 98.240(a) to indicate that a reporter may 
elect to consider the entire integrated process (rather than just the 
EDC operations) to be the petrochemical process for the purposes of 
complying with the mass balance method.
    Subpart X currently requires EDC manufacturers to perform the mass 
balance around operations involved in the production of the EDC, 
including situations where EDC is produced as an intermediate in the 
production of VCM. In a letter received from Occidental Chemical 
Company titled ``Request to Consider IPCC Balanced EDC/VCM Process 
Studies and Data for the Elimination of e-GGRT Validation Messages at 
VCM Production Facilities Reporting Under Subpart X,'' dated July 10, 
2015, industry representatives indicated that an integrated EDC/VCM 
process is a continuous process with EDC produced as an intermediate 
that is not stored or measured. As an alternative to incurring the 
burden of modifying the process to enable measurement of the 
intermediate EDC stream, Occidental Chemical Company has requested that 
subpart X reporters be allowed to perform the mass balance over the 
entire integrated process and, for the quantity of petrochemical 
produced, report the quantity of VCM produced instead of the amount of 
EDC produced. Conducting the mass balance over the entire integrated 
process is acceptable to the EPA because the CO2 process 
emissions (from oxidation of ethylene in the oxychlorination process to 
produce EDC) and emissions from combustion of vent gases from the EDC 
operations are calculated under both methods. The alternative method 
also would estimate additional CO2 emissions for combustion 
of both vent gases and liquid wastes from the VCM operations.
    Under the proposed optional method, carbon emitted in vent streams 
from VCM operations and carbon in liquid wastes that are combusted 
would be assumed to be converted to CO2. For most 
facilities, using the optional method likely means either a more 
complete reporting of total facility emissions or a shift from 
reporting under subpart C (if the subpart C applicability criteria are 
met) to reporting under subpart X. Facilities have indicated that vent 
gases from the VCM operations are combusted, typically in the same 
combustion unit as the vent gases from the EDC operations. Thus, the 
assumption that carbon in such vent streams is converted to 
CO2 is expected to be valid. Liquid waste from the VCM 
operations that is not combusted would be included as a product for the 
purposes of the mass balance and, thus, any carbon in such stream would 
be subtracted from the total inlet carbon and not attributed to 
CO2 emissions.
    In addition to conducting the mass balance over the entire 
integrated process, the EPA is proposing that facilities electing to 
use this optional method would report both the measured amount of VCM 
produced and an estimate of the amount of EDC produced as an 
intermediate. Reporting the amount of VCM would help the EPA to verify 
the estimate of EDC reported. Reporting the estimate of EDC produced 
would enable the EPA to determine if there is a statistically 
significant difference in average emissions per metric ton of EDC 
between results reported by facilities that use the option for 
integrated processes versus results for facilities that report only for 
EDC operations.
    The proposed change to 40 CFR 98.240(a) would harmonize the 
proposed integrated EDC/VCM mass balance option with other requirements 
related to petrochemical processes (or process units) in subpart X. For 
example, the mass balance calculation requirements in 40 CFR 98.243(c) 
and reporting requirements in 40 CFR 98.246(a) are per petrochemical 
``process unit.'' Thus, considering the entire integrated process to be 
the petrochemical process unit clarifies that these calculation and 
reporting requirements apply to the entire integrated process under the 
option, and

[[Page 2559]]

not to just the EDC portion of the process.
    It is anticipated that the proposed amendments would reduce the 
compliance burden by not requiring monitoring equipment and/or sampling 
and analysis of an intermediate EDC stream just for the purpose of 
complying with subpart X. Instead, facilities would be allowed to 
measure the final product VCM, which is likely already being measured 
for other business reasons. A few facilities may have a liquid waste 
stream from the VCM operations that is not combusted. Such streams 
would need to be measured and included as products in the mass balance. 
The potential increase in burden for measurement of such streams is 
expected to be more than offset by the reduction for not measuring the 
intermediate EDC stream because not all facilities will have a liquid 
waste stream that is not combusted, and a waste stream is an output 
that would be more readily measured than an intermediate that is not 
stored.
2. Revisions to Subpart X To Improve the U.S. GHG Inventory
    For the reasons described in section II.B of this preamble, we are 
proposing to amend subpart X to collect additional data to help improve 
estimates included in the U.S. GHG Inventory. The EPA is proposing to 
add reporting requirements for facilities that use the mass balance 
approach to determine emissions under 40 CFR 98.243(c) to report the 
annual average of the measurements of the carbon content and molecular 
weight of each feedstock and product reported under subpart X. Much of 
these data are currently required to be determined and retained per the 
recordkeeping requirements in 40 CFR 98.247, so adding the reporting 
requirement to report annual averages adds very little burden to 
reporters. These additional data elements will be aggregated to the 
national level and used to improve national emission estimates in the 
U.S. GHG Inventory for several reasons.
    First, these data points will be helpful for understanding non-
energy uses of fossil fuels by the chemical industry, so they can more 
accurately be allocated between the industrial process and energy 
sectors of the U.S. GHG Inventory. As noted in the U.S. GHG Inventory, 
currently some degree of double-counting may occur between 
CO2 estimates of non-energy use of fuels in the energy 
sector and CO2 process emissions from petrochemical 
production in this sector. Complete data integration is not feasible at 
this time as feedstock data from the Energy Information Administration 
(EIA) used to estimate non-energy uses of fuels are aggregated by fuel 
type, rather than disaggregated by both fuel type and particular 
industries (e.g., petrochemical production). The EPA, through the 
GHGRP, obtained complete data on quantities of fuel consumed as 
feedstocks by petrochemical producers for the first time in 2015. The 
carbon content and molecular weight of feedstocks will facilitate 
conversion of the GHGRP feedstock quantity data (by fuel type) into 
energy units for integration with EIA data to ensure appropriate 
allocation of emissions across sectors in the national U.S. GHG 
Inventory, including addressing issues with double-counting.
    Second, having annually averaged carbon content and molecular 
weight for products and feedstocks derived from facility-level GHGRP 
data would enable the EPA to transparently apply the IPCC mass balance 
method \16\ for determining emissions from petrochemical production in 
the U.S. GHG Inventory. Currently, only the aggregated facility-level 
products from application of the GHGRP mass balance are aggregated and 
published in the U.S. GHG Inventory.
---------------------------------------------------------------------------

    \16\ See Equation 3.17, p. 3.67. 2006 IPCC Guidelines for 
National Inventories, Volume 3, Chapter 3, Section 3.9: 
Petrochemical and Carbon Black Production.
---------------------------------------------------------------------------

    For more information on subpart X confidentiality determinations 
resulting from these proposed revisions, see section IV of this 
preamble.
3. Minor Corrections and Clarifications to Subpart X
    For the reasons described in section II.D of this preamble, we are 
proposing several minor corrections, and clarifications to subpart X of 
Part 98. These minor revisions are summarized in the Table of Revisions 
available in the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-
2015-0526).

M. Subpart Y--Petroleum Refineries

    In this action we are proposing several amendments to 40 CFR part 
98, subpart Y (Petroleum Refineries). This section discusses the 
substantive changes to subpart Y; additional minor amendments, 
corrections, and clarifications are summarized in the Table of 
Revisions available in the docket for this rulemaking (Docket Id. No. 
EPA-HQ-OAR-2015-0526).
1. Revisions to Subpart Y To Streamline Implementation
    For the reasons described in section II.A of this preamble, we are 
proposing several amendments that are intended to simplify and 
streamline the requirements of subpart Y. To reduce reporter burden, 
the EPA is proposing to clarify in this rulemaking that pilot gas, 
which is considered the gas used to maintain a pilot flame at the flare 
tip, may be excluded from the quantity of flare gas used to perform GHG 
emissions calculations. As described below, the quantity of GHG 
emissions associated with pilot gas is very small relative to the total 
GHG emissions from a flare at petroleum refineries, petrochemical 
production facilities, and iron and steel production facilities, and 
monitoring the quantity of pilot gas may impose additional burden on 
some facilities.
    Generally flares combust waste gas (excess gas generated by the 
facility that needs disposal which the flare was designed to treat/
destroy), purge/sweep gas (gas that must be added to the flare header 
system or to the base of the flare in order to prevent oxygen ingress 
during periods of low waste gas flow), and pilot gas (gas used to 
maintain a pilot flame at the flare tip). The majority of gas combusted 
by a flare is waste gas. The remaining gas combusted by the flare is 
comprised of purge/sweep and pilot gas. The amount of purge/sweep gas 
needed is dependent on the complexity of the flare gas header system 
and the flare diameter and tip design. As discussed in the memorandum 
``Proposed Changes to Flare Pilot Gas Reporting Requirements under the 
Greenhouse Gas Reporting Program (GHGRP)'' from Jeff Coburn, Leslie 
Pearce and Kevin Bradley, RTI to Brian Cook, EPA, dated July 10, 2015 
(see Docket Id. No. EPA-HQ-OAR-2015-0526), flares generally require at 
least 0.1 to 0.2 foot per second (ft/s) flow velocity at the tip to 
prevent oxygen ingress, but can be significantly higher for flares with 
complex header systems. For a 2 foot diameter flare, this translates to 
a minimum flow of 1,100 to 2,200 cubic feet per hour or 1 to 2 mmBtu/
hr. Recommended heat rate for industrial flare pilots is approximately 
0.05 mmBtu/hr, so GHG emissions from flare pilot gas are typically 10 
percent or less of the emissions from the flare purge/sweep gas while 
the flare is on standby (i.e., no active waste gas flow). Therefore, we 
expect the resultant GHG emissions from pilot gas to be low, especially 
in the context of the broader flare emissions.
    Further, it is difficult for facilities to estimate the quantities 
of pilot gas without the use of a meter. Facilities generally measure 
the flare gas, but do not always have unit-specific meters installed 
for the gas used for the pilot flame (typically natural gas). The EPA 
does not intend for facilities to install a separate meter to measure 
the pilot gas for the purposes of reporting under this

[[Page 2560]]

rulemaking, either to include or exclude this quantity of pilot gas. 
Installation of an additional meter for this purpose would be 
burdensome to reporters, especially when considering the increase in 
reported GHG emissions would be very low. Therefore, we are proposing 
to amend the rule to allow, but not require, facilities to exclude 
pilot gas from the flare gas GHG emissions calculations in Part 98 
subparts Q, X, and Y. Purge/sweep gas would still be included in the 
flare GHG emissions calculations.
    Finally, the EPA is proposing to amend the reporting requirements 
in 40 CFR 98.256(e) to add a requirement that facilities provide a yes/
no indication as to whether a flare has a flare gas recovery system. 
Currently, 40 CFR 98.256(e) requires facilities to report general 
information as to the type of flare (e.g., air-assisted, steam-
assisted, or non-assisted) and the flare service (e.g., general 
facility flare, unit flare, or emergency flare). Several offices within 
the EPA (as well as external researchers) use the GHGRP data on flares 
to characterize flare emissions, assess trends, and evaluate GHG 
emission reductions that could be achieved under various policies. In 
using the GHGRP data for flares for these purposes, we identified a key 
deficiency in the GHGRP data set is the lack of information regarding 
which flares have flare gas recovery systems. Flare gas recovery is a 
primary means by which owners and operators of flares may reduce flare 
emissions. The inclusion of information on which flares have flare gas 
recovery systems will provide useful information to characterize 
emission trends in key industries using flares and provide critical 
information needed by the EPA to make policy decisions. Only an 
indication of whether or not the flare is serviced by a flare gas 
recovery system is being proposed, so this amendment would add only a 
slight increase in burden to subpart Q, X, and Y reporters that have 
flares. For more information on subpart Y confidentiality 
determinations resulting from these proposed revisions, see section IV 
of this preamble.
2. Revisions to Subpart Y To Improve the Quality of Data Collected 
Under Part 98
    For the reasons described in section II.B of this preamble, the EPA 
is proposing several amendments that would improve the quality of the 
data collected from subpart Y reporters while resulting in only a 
slight increase in burden for reporters.
    The EPA originally promulgated rules for the reporting of GHG 
emissions from various source categories, including petroleum 
refineries, on October 30, 2009. Since the reporting requirements were 
developed, understanding of emissions from delayed coking units (DCU) 
has improved. The rule originally established a methodology to estimate 
methane emissions from a DCU based on a simple gas expansion model 
(i.e., Equation Y-18) which the EPA is proposing to replace with a new 
methodology that will more accurately determine emissions from DCU.
    Recently, EPA's Office of Air Quality Planning and Standards 
(OAQPS) conducted a detailed information collection request (ICR) (OMB 
Control No. 2060-0657) of the petroleum refining industry that gathered 
information about DCU operations and the decoking process. Based on the 
information collected, the EPA determined that the simple gas expansion 
model did not accurately reflect the emissions source and significantly 
underestimated emissions from the DCU. First, there is less gaseous 
void space in the coke drum than previously thought because the coke 
drum is filled with water and the void (vapor) space in the coke drum 
is small. Second and more importantly, there is a significant quantity 
of steam generated and released from the coke drum during the 
depressurizing process because the boiling point of the water decreases 
as the pressure of the vessel decreases. That is, there is a phase 
change and gas generation that occurs during the venting process. 
Consequently, the total quantity of gas discharged during a venting 
event is actually much greater than predicted by the simple pressure 
expansion (no phase change) model previously used in Equation Y-18. 
Upon review of the test data collected in response to the ICR, the EPA 
determined that methane emissions are a function of steam generation, 
not the initial void volume in the delayed coking unit vessel. Based on 
these determinations, the EPA developed and used a steam generation 
model to estimate emissions from the DCU (see Docket Item No. EPA-HQ-
OAR-2010-0682-0202) and revised and incorporated this methodology as 
part of the emissions factors update for petroleum refineries (see 
http://www.epa.gov/ttn/chief/consentdecree/index_consent_decree.html; 
April 2015). We are now proposing to amend the DCU GHG emission 
calculation methodology to align the GHGRP's methodology with the 
methodology recently incorporated into the emission factors update and 
to provide a more accurate means of estimating methane emissions from 
the DCU.
    The proposed methodology uses a heat balance on the DCU coke drum 
vessel contents to estimate the volume of steam produced during the DCU 
decoking operations (steam venting, draining, vessel deheading, and 
coke cutting). Methane emissions per venting cycle is proportional to 
the quantity of steam generated. Key inputs to the heat balance include 
the mass of water and coke in the coke drum vessel and the average 
temperature of the coke drum contents when venting first occurs. We are 
proposing to allow reporters to determine the mass of coke in the coke 
drum based on company records or to estimate the mass of coke in the 
coke drum based on drum dimensions and drum outage (parameters already 
required to be recorded under the current rule) and a new equation 
provided in the rule (Equation Y-18a). We are proposing to require 
reporters to determine the mass of water in the coke drum based on the 
height of water in the coke drum and the mass of coke in the coke drum. 
We are proposing to allow either one of two methods to estimate the 
average temperature of the coke bed contents: (1) A method based on the 
measured overhead temperature of the drum, and (2) a method based on 
the overhead pressure using a temperature-pressure correlation equation 
provided in the rule.
    While the EPA generally considers the temperature method to be the 
most accurate means to determine the average temperature of the coke 
bed contents, the EPA understands that there are concerns that the 
temperature measurements in the overhead line may be erroneously high 
due to additional steam purges in the overhead line to prevent coke 
build-up on the monitoring equipment, so we have provided the 
temperature-pressure correlation equation as well to provide reporters 
additional flexibility. Additionally, the EPA has not previously 
required temperature monitoring for the DCU in subpart Y of Part 98, 
but the previous methodology for delayed coking units in subpart Y 
required the vessel pressure prior to venting to be monitored and used 
as an input to the previous equation. Consequently, the EPA is 
providing the use of the temperature-pressure correlation to allow 
reporters to use current pressure monitoring and recordkeeping 
practices to obtain the information needed to implement the new 
methodology. As such, the new methodology will not require the 
installation or use of new monitoring systems.

[[Page 2561]]

    Finally, we are proposing to allow facilities that have DCU vent 
gas measurements to use these measurements to develop a unit-specific 
methane emissions factor for the DCU. This allows reporters that have 
previously used the combined Equation Y-18/Y-19 method (as well as 
other reporters) to use the measurement data available to provide an 
improved, site-specific emissions estimate. If a unit-specific methane 
emissions factor is not available, we are proposing that reporters use 
the default methane emissions factor for DCU of 7.9 kg methane per 
metric ton of steam generated. Additional background on this change is 
available in the memo ``Revised Emission Methodology for Delayed Coking 
Units'' from Jeff Coburn, RTI International to Brian Cook, EPA, dated 
June 4, 2015 (see Docket Id. No. EPA-HQ-OAR-2015-0526).
    The EPA is proposing that the new methodology be used to estimate 
the emissions for each DCU and the EPA is proposing to amend the 
reporting requirements for DCU to only require reporting at the unit 
level. This change is being proposed for several reasons. Currently, 
DCU emissions are reported at the facility level. The decision was 
originally made to require reporting at the facility level to allow 
facilities that have two identical DCU (with same sized drums) to apply 
Equation Y-18 to the set of drums one time to reduce burden. However, 
the rule contains several required reporting elements be submitted on a 
DCU unit-specific basis, so the burden reduction associated with this 
simplification is very small, and facility-level data hindered the 
EPA's ability to verify the reported data.
    Facilities currently have the option to use a combination of 
Equation Y-18 and Y-19 (process vent method) for estimating the 
emissions from the DCU. This further splits certain reporting elements 
between the DCU process unit and the process vents inputs. This split 
in the DCU reporting elements has caused confusion among reporters and 
made verification of the reported data challenging. For example, 
facilities that did not have a DCU were required to actively report a 
zero for their emissions from this source. Also, because emissions were 
to be reported at the facility level, the emissions from process vents 
added for DCU vents needed to be reported as zero for the DCU vent at 
the process vent level. However, many reporters reported emissions at 
the process vent level and may or may not have fully reported the DCU 
emissions at the facility level.
    Due to the difficulties associated with the split reporting 
requirements, we are proposing that the new methodology be implemented 
to estimate the emissions for each delayed coking unit separately. This 
will simplify the reporting requirements for facilities and allow the 
EPA to simplify and streamline recordkeeping and reporting requirements 
for most reporters. Additionally, in the proposed approach, DCU vent 
measurements may be used to develop a unit-specific methane emissions 
factor so the available measurement data can be used within the context 
of the proposed DCU methodology, rather than splitting the emissions 
estimates between two different methodologies (i.e., Equations Y-18 and 
Y-19). For these reasons, the EPA anticipates the burden on reporters 
would be reduced by streamlining the DCU reporting requirements so that 
DCU-related reporting elements are only required to be reported at the 
DCU unit level.
    In related revisions, we are proposing to revise 40 CFR 98.253(j) 
to delete ``CH4 emissions if you elected to use the method in paragraph 
(i)(1) of this section,'' because the DCU methodology no longer 
includes an option to use a combination of techniques to determine the 
CH4 emissions from DCU decoking operations. We are also including 
``coke produced per cycle'' in the list of quantities of petroleum 
process streams that are determined using company records in 40 CFR 
98.254(j), and adding a requirement that temperature and pressure 
measurements associated with the DCU are to be determined ``using 
process instrumentation operated, maintained, and calibrated according 
to manufacturer's instructions.'' These revisions are included to 
clarify monitoring requirements associated with the new DCU 
methodology. Additionally, we are proposing to revise the recordkeeping 
requirements in 40 CFR 98.257 associated with the DCU to harmonize the 
recordkeeping requirements with the new DCU methodology equations.
    The EPA is also proposing to amend 40 CFR 98.253(h)(1) and (h)(2) 
to clarify the appropriate equations to be used for reporters with an 
asphalt blowing unit with a control device other than a vapor scrubber, 
thermal oxidizer, or flare (classified as ``other (specify)'' in e-
GGRT). The current rule language in 40 CFR 98.253(h)(1) and (h)(2) only 
specifies the methodology to use for these three control systems and 
for uncontrolled asphalt blowing. In the proposed amendments, we are 
revising 40 CFR 98.253(h)(1) to clarify that reporters with ``asphalt 
blowing operations controlled either by vapor scrubbing or by another 
non-combustion control device'' must use Equations Y-14 and Y-15 to 
calculate their GHG emissions. We are also revising 40 CFR 98.253(h)(2) 
to clarify that reporters with ``asphalt blowing operations controlled 
by either a thermal oxidizer, a flare, or other vapor combustion 
control device'' must use Equations Y-16a/Y-16b and Y-17 to calculate 
their GHG emissions. These amendments will yield more accurate 
emissions values as reporters will now be required to use the most 
appropriate equations for ``other'' control systems used for asphalt 
blowing operations. For more information on subpart Y confidentiality 
determinations resulting from these proposed revisions, see section IV 
of this preamble.
3. Minor Corrections and Clarifications to Subpart Y
    For the reasons described in section II.D of this preamble, we are 
proposing several minor corrections, and clarifications to subpart Y of 
Part 98. These minor revisions are summarized in the Table of Revisions 
available in the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-
2015-0526).

N. Subpart Z--Phosphoric Acid Production

    In this action, we are proposing amendments to subpart Z of Part 98 
(Phosphoric Acid Production). This section discusses all the proposed 
amendments to subpart Z. For the reasons described in section II.B of 
this preamble, we are proposing to revise subpart Z of Part 98 
(Phosphoric Acid Production) to allow the EPA to collect data that 
would improve the EPA's understanding of GHG emissions from phosphoric 
acid production while generally resulting in only a slight increase in 
burden for reporters.
    We are proposing to revise 40 CFR 98.266(f)(3) to require that the 
annual report must include the annual phosphoric acid production 
capacity (tons) for each wet-process phosphoric acid line, rather than 
the annual permitted phosphoric acid production capacity. In a prior 
technical correction to the rule (78 FR 19823, April 2, 2013) we 
acknowledged that not all phosphoric acid production facilities have a 
permitted production capacity, and additionally, not all facilities 
produce to the permitted capacity. During that action, we removed the 
word ``permitted'' from the requirement at 40 CFR 98.266(b) to report 
the facility-level production capacity. We are proposing a similar 
revision in this action to remove the word ``permitted'' from the 
requirement to report the process-level production capacity,

[[Page 2562]]

noting similarly that not all facilities have a permitted production 
capacity at the process-level or produce to the permitted capacity. We 
are also proposing to clarify the units of measurement for this 
reporting requirement. The current text for 40 CFR 98.266(f)(3) 
requires the reporting of ``annual phosphoric acid permitted production 
capacity (tons) for each wet-process phosphoric acid process line 
(metric tons).'' In this action, we are proposing to remove the units 
of measurement ``(metric tons)'' from this text to provide further 
clarity on the requirements that the unit of measurement is ``tons'' 
and not ``metric tons.'' The revision to the process-level capacity is 
necessary to ensure that the EPA collects consistent annual production 
capacity data and will provide a better characterization of the 
relationship between industry production and emissions. For more 
information on subpart Z confidentiality determinations resulting from 
these proposed revisions, see section IV of this preamble.

O. Subpart AA--Pulp and Paper Manufacturing

    In this action, we are proposing several amendments, 
clarifications, and corrections to subpart AA of Part 98 (Pulp and 
Paper Manufacturing). This section discusses all of the proposed 
changes to subpart AA.
1. Revisions to Subpart AA To Streamline Implementation of Part 98
    For the reasons described in section II.A of this preamble, we are 
proposing one amendment to subpart AA that would streamline the 
requirements of the rule and improve implementation, while generally 
reducing burden. We are proposing to clarify that Tier 4 CEMS are not 
used to report emissions under subpart AA. Subpart AA currently 
requires that fossil-fuel based CO2 emissions be calculated 
using subpart C methodologies. Subpart AA states that Tier 1 or a 
higher tier may be used. Subpart AA reporters have not used the Tier 4 
CEMS methodology during any previous reporting year, and are not 
expected to do so given the mixture of biogenic and fossil-fuel 
CO2 emissions in the exhaust streams from subpart AA 
emission units. Therefore, we are proposing amendments to clarify that 
Tier 4 is not included in 40 CFR 98.273(a)(1), (b)(1), and (c)(1), 
which refer to the subpart C calculation methodologies for 
CO2 emissions from combustion of fossil-fuel. This 
clarification will provide clarity to reporters and also reduce the EPA 
burden and related program expense required to maintain e-GGRT CEMS web 
forms and associated verification checks and documentation.
2. Other Amendments to Subpart AA
    As described in section II.C of this preamble, through 
communication with stakeholders, we have identified certain aspects of 
the rule that may require revision, including those we are proposing in 
response to comments submitted by stakeholders on prior rulemakings. 
Subpart AA requires pulp mill reporters to determine the annual mass of 
spent liquor solids fired in chemical recovery furnaces and chemical 
recovery combustion units by either measuring the mass of spent liquor 
solids annually (or more frequently) with a Technical Association of 
the Pulp and Paper Industry (TAPPI) method, or using records of 
measurements made with an online measurement system. Missing 
measurements are currently required to be populated with either the 
maximum spent liquor mass or fuel flow rate for the combustion unit, or 
the maximum mass or flow rate that the fuel meter can measure. 
Representatives of the forest products industry requested revisions to 
the missing data requirements for spent liquor solids in 40 CFR 
98.275(b).\17\ The industry representatives explained that use of the 
maximum potential spent liquor solids firing rate or the maximum the 
meter can measure can overstate GHG emissions. The industry 
representatives stated that this procedure is unnecessarily burdensome 
and confusing because this requirement differs from the way mills 
handle spent liquor solids flow monitoring for other federal air rules, 
such as the National Emission Standards for Hazardous Air Pollutants in 
40 CFR part 63, subpart MM. The industry representatives noted that 
having a data acquisition, analysis, and reporting program that uses 
one value for liquor feed rate for GHG reporting purposes and another 
feed rate for all other purposes is overly complicated for both mill 
personnel and regulatory agencies. The industry representatives 
requested that 40 CFR 98.275(b) of subpart AA be amended to require use 
of the mass of spent liquor solids reported under 40 CFR 63.866 of 
subpart MM for missing measurements.
---------------------------------------------------------------------------

    \17\ See docket item EPA-HQ-OAR-2012-0934-0058. Although this 
request was received in comments on the 2013 Revisions Rule, this 
request was determined to be outside the scope of the 2013 proposed 
amendments and was not addressed at that time. This request is being 
considered as part of these proposed amendments.
---------------------------------------------------------------------------

    The EPA has reviewed the industry representatives' request and 
agrees that use of the daily value recorded under 40 CFR 63.866(c)(1) 
of subpart MM results in an acceptable missing data estimate for the 
combustion unit. Thus, the EPA is proposing to amend 40 CFR 98.275(b) 
to allow use of the daily mass of spent liquor solids fired reported 
under 40 CFR 63.866(c)(1) as an alternative to maximum values. The 
provisions of 40 CFR 63.866(c)(1) require pulp mills to retain records 
of the mass of spent liquor solids fired in megagrams (Mg) or tons per 
day. This proposed amendment acknowledges that the daily value recorded 
under 40 CFR 63.866(c)(1) may need to be adjusted to match the duration 
of missing data under subpart AA. For example, the daily measurement 
may need to be adjusted to represent only a few hours of monitor 
downtime. We are proposing to retain the original requirements of 40 
CFR 98.275(b) in addition to proposing the alternative to use the value 
recorded under 40 CFR 63.866(c)(1) to avoid requiring reconfiguration 
of data systems in mills that may have configured their data reporting 
systems to supply maximum values for subpart AA.
    We are proposing one additional revision to subpart AA that is a 
minor clarification and that would improve the understanding of the 
rule. We are proposing a clarification to column labels in Table AA-2. 
Table AA-2 contains CH4 and N2O emission factors 
for ``kraft lime kilns'' and ``kraft calciners,'' both of which are 
``pulp mill lime kilns'' as defined in 40 CFR 98.6. The N2O 
emission factors differ for these two technologies. Because calcining 
(thermal removal of carbonates from lime mud) occurs in both types of 
equipment, there has been some confusion regarding which N2O 
emission factors apply. To eliminate this confusion, we are proposing 
minor wording changes to clarify that the columns for ``kraft lime 
kilns'' in Table AA-2 refers specifically to ``kraft rotary lime 
kilns.'' We are also proposing to add a footnote to Table AA-2 
indicating that fluid bed calciners are an example of kraft calciners. 
The majority of kraft pulp mills operate rotary lime kilns while at 
least one kraft mill operates a fluidized bed calciner.

P. Subpart CC--Soda Ash Manufacturing

    In this action, we are proposing amendments to subpart CC of Part 
98 (Soda Ash Manufacturing). This section discusses the substantive 
changes to subpart CC; additional minor amendments, corrections, and 
clarifications are summarized in the Table of Revisions available in 
the

[[Page 2563]]

docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2015-0526).
1. Revisions to Subpart CC To Improve the Quality of Data Collected 
Under Part 98
    We are proposing two revisions that are intended to improve the 
quality of data collected under subpart CC, while only resulting in a 
slight increase in burden for reporters. We are proposing to revise 40 
CFR 98.296(a) and (b) to require reporting of the facility-level annual 
consumption of trona or liquid alkaline feedstock. For the reasons 
described in section II.B of this preamble, we are proposing the 
addition of this data element to help improve the quality of the U.S. 
GHG Inventory by using aggregated facility level data. These data are 
already required to be reported on the manufacturing-line basis for 
subpart CC reporters that report using CEMS. For non-CEMS subpart CC 
reporters, the requirements to report consumption data for each 
manufacturing line, previously required per 40 CFR 98.269(b)(5), was 
removed in the Final Inputs Rule. This action would propose to 
streamline the reporting of facility-level consumption data from both 
CEMS and non-CEMS reporters on a more aggregate level. Currently, the 
U.S. Inventory estimates CO2 emissions based on application 
of default emissions factors to estimated trona production.\18\ 
Consistent collection of this data element from facilities would enable 
the EPA to aggregate and integrate GHGRP emission estimates, and 
transparently determine national emissions based on trona consumption 
within the U.S. GHG Inventory and allow for the application of more 
advanced calculation methods. For more information on subpart CC 
confidentiality determinations resulting from these proposed revisions, 
see section IV of this preamble.
---------------------------------------------------------------------------

    \18\ See p. 3.52-53 (Tier 2 and 3). 2006 IPCC Guidelines for 
National Inventories, Volume 3, Chapter 3, Section 3.3: Natural Soda 
Ash Production. See also Section 4.11 (pp. 4-40 through 4-42) of 
U.S. GHG Inventory http://www.epa.gov/climatechange/Downloads/ghgemissions/US-GHG-Inventory-2015-Chapter-4-Industrial-Processes.pdf.
---------------------------------------------------------------------------

2. Minor Corrections and Clarifications to Subpart CC
    For the reasons described in section II.D of this preamble, we are 
proposing one minor correction to subpart CC of Part 98. This minor 
revision is summarized in the Table of Revisions available in the 
docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2015-0526).

Q. Subpart DD--Use of Electric Transmission and Distribution Equipment

    In this action, we are proposing several amendments, 
clarifications, and corrections to subpart DD of Part 98 (Use of 
Electric Transmission and Distribution Equipment). This section 
discusses all of the proposed changes to subpart DD.
    For the reasons described in section II.B of this preamble, the EPA 
is proposing several changes to subpart DD that will improve the 
quality and usefulness of the data received by the GHGRP, while 
generally resulting in only a slight increase in burden for reporters.
    A facility is defined under subpart DD at 40 CFR 98.308 as an 
electric power system, comprised of all electric transmission and 
distribution equipment insulated with or containing SF6 or 
PFC that is linked through electric power transmission or distribution 
lines and functions as an integrated unit that is owned, serviced, or 
maintained by a single electric power transmission or distribution 
entity (or multiple entities with a common owner), and that is located 
between: (1) The point(s) at which electric energy is obtained from an 
electricity generating unit or a different electric power transmission 
or distribution entity that does not have a common owner; and (2) the 
point(s) at which any customer or another electric power transmission 
or distribution entity that does not have a common owner receives the 
electric energy. The facility also includes servicing inventory for 
such equipment that contains SF6 or PFC.
    Given the nature of electric power systems, subpart DD facilities 
generally span a geographic area, and in some cases, may cross state 
boundaries. Currently, subpart DD reporters provide the EPA with the 
facility address on their certificate of representation. However, this 
address does not provide complete information on where the electric 
power system actually lies. The EPA is proposing to add new reporting 
requirements at 40 CFR 98.306(m) to make data collected under subpart 
DD more useful to the public. The new data elements would require the 
electric power system to provide the name of the U.S. state, states, or 
territory in which the electric power system lies and the total miles 
of transmission and distribution lines that lie in each state or 
territory. These data elements would allow users of GHGRP data to more 
easily identify the state, states, or territory within which the 
electric power system lies. Users of GHGRP data would also be able to 
compare the miles of transmission and distribution lines in each state 
or territory to the total miles of transmission and distribution lines 
for the facility and then approximate the percentage of emissions that 
occur within each state or territory. (As discussed in the U.S. GHG 
Inventory, SF6 emissions from electric power systems are 
correlated with the length of their transmission lines.) This would be 
useful for determining state- and territory-level GHG emissions 
associated with particular electric power systems. Although requiring 
facilities to report their emissions by state or territory would 
provide more precise estimates of emissions by state or territory, such 
a requirement would probably significantly increase the burden of 
reporting. In comparison, reporting the total miles of transmission and 
distribution lines that lie in each state and territory appears likely 
to be relatively straightforward for electric power systems. We request 
comment on whether it would be less burdensome for facilities to report 
the total transmission and distribution lines that lie in each state or 
territory within the facility boundary or to report the emissions for 
each state or territory within the facility boundary. We also request 
comment on whether miles of transmission lines alone are likely to be a 
better predictor of SF6 use and emissions than combined 
miles of transmission and distribution lines. If so, the EPA could 
simply require reporting of the miles of transmission lines in each 
state or territory.
    We are also proposing to add reporting elements to subpart DD that 
are related to the nameplate capacities and numbers of pieces of new 
and retiring equipment. Currently, electric transmission and 
distribution facilities are required to include the nameplate 
capacities of new and retiring hermetically sealed-pressure equipment, 
along with the corresponding quantities for other electrical equipment, 
in their emission calculations. They are also required to report the 
total nameplate capacity of new equipment, including hermetically 
sealed-pressure equipment, and the total nameplate capacity of retiring 
equipment, including hermetically sealed-pressure equipment. However, 
they are not required to distinguish between hermetically sealed-
pressure and other equipment in these reports.
    In lieu of reporting the total nameplate capacity for all 
hermetically sealed-pressure equipment and other equipment, we are 
proposing to require facilities to separately report the nameplate 
capacities of hermetically

[[Page 2564]]

sealed-pressure equipment and other equipment that they install and 
retire during the year. We are also proposing to require facilities to 
report the numbers of pieces of hermetically sealed-pressure equipment 
and other equipment that they install and retire during the year. These 
additional requirements would not require any additional data gathering 
but would enable us to better understand the quantities of 
SF6 contained in hermetically sealed-pressure equipment, 
which is typically used in medium voltage, distribution applications. 
Currently, the GHGRP does not require reporting of the quantity of 
SF6 inside such equipment or the number of pieces of such 
equipment.\19\ Information on the nameplate capacities and numbers of 
pieces of such equipment being installed and retired, along with the 
corresponding information for other types of equipment, would provide 
insight into the relative importance of the two types of equipment as 
potential emission sources (e.g., upon disposal), and a rough but 
useful gauge of the average charge sizes of both types of equipment, 
which affects the choice of strategy for reducing emissions. 
Historically, hermetically sealed-pressure equipment has been 
considered to be a relatively small source of SF6 in the 
U.S., but its importance is known to be growing internationally and may 
also be growing domestically. These data elements represent information 
that reporters are expected to have readily available and would 
therefore generally result in only a slight increase in reporting 
burden.
---------------------------------------------------------------------------

    \19\ We excluded hermetically sealed-pressure equipment from the 
requirement to annually inventory the total nameplate capacity of 
the facility's electrical equipment because hermetically sealed-
pressure equipment tends to have small individual charge sizes, to 
be serviced only rarely or not at all, and to be spread in large 
numbers throughout transmission and distribution networks, making it 
relatively difficult to track after it is installed. However, it is 
relatively easy (and currently required) to track this equipment 
when it is installed or retired (75 FR 74803, December 1, 2010).
---------------------------------------------------------------------------

    The proposed amendments would add reporting of the nameplate 
capacities of new hermetically sealed-pressure switchgear (proposed 40 
CFR 98.306(a)(2)), new SF6- or PFC-insulated equipment other 
than hermetically sealed-pressure switchgear (proposed 40 CFR 
98.306(a)(3)), retired hermetically sealed-pressure switchgear 
(proposed 40 CFR 98.306(a)(4)), and retired SF6- or PFC-insulated 
equipment other than hermetically sealed-pressure switchgear (proposed 
40 CFR 98.306(a)(5)). These data elements are inputs to an emission 
equation (Equation DD-1). Therefore, the EPA evaluated these data 
elements to determine if their public release would cause disclosure 
concerns, using the process established in the Final Deferral Notice 
(76 FR 53057, August 25, 2011). The EPA determined that facilities 
reporting under this subpart consist of public utilities, including 
electric cooperatives, public supply corporations (e.g., Tennessee 
Valley Authority), federal agencies (e.g., Bonneville Power 
Administration), and municipally-owned electric utilities. These are 
public or publicly-regulated utilities that are not affected by 
competitive market conditions that may apply to other industries. The 
reported data relates to maintenance activities and installation of 
new/replacement of existing gas-insulated equipment (e.g., circuit 
breakers, switchgear, power transformers, etc.) and amounts of 
SF6 and PFC used or recovered in servicing or replacing such 
equipment. These data elements do not disclose any information about a 
manufacturing process or operating conditions that would be 
proprietary. Therefore, the EPA is proposing that there are no 
disclosure concerns with these proposed data elements, and they must be 
reported in e-GGRT.
    Because we recognize that the range of charge sizes can be large 
(e.g., greater than an order of magnitude) for both types of equipment, 
we are requesting comment on an alternative approach in which 
facilities would report the numbers of pieces of each type of equipment 
that are newly installed or retired and that fall into particular 
nameplate capacity ranges. One possible set of ranges is shown in Table 
6 of this preamble:

  Table 6--Nameplate Capacity Ranges for Reporting Numbers of Pieces of
                       New and Retiring Equipment
                             [Pounds of SF6]
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
0 to 0.5.
>0.5 to 1.
>1 to 15.
>15 to 30.
>30 to 100.
>100 to 500.
>500.
------------------------------------------------------------------------

    While this approach would require more effort than providing the 
total numbers of pieces of equipment newly installed and retired for 
hermetically sealed-pressure equipment and for all other equipment, it 
would provide more precise data. For example, it would enable us to 
distinguish between situations in which most newly installed, 
hermetically sealed-pressure equipment had a charge size of 1 or 2 
pounds, and situations in which most such equipment had a charge size 
of one or two ounces, but the average charge size was inflated by a few 
outliers with charge sizes of ten pounds or more.
    For more information on subpart DD confidentiality determinations 
resulting from these proposed revisions, see section IV of this 
preamble.

R. Subpart FF--Underground Coal Mines

    In this action, we are proposing several amendments, 
clarifications, and corrections to subpart FF of Part 98 (Underground 
Coal Mines). This section discusses the substantive changes to subpart 
FF; additional minor amendments, corrections, and clarifications are 
summarized in the Table of Revisions available in the docket for this 
rulemaking (Docket Id. No. EPA-HQ-OAR-2015-0526).
1. Revisions to Subpart FF To Streamline Implementation
    For the reasons described in section II.A of this preamble, the EPA 
is proposing three changes to subpart FF that will streamline reporting 
of GHG emissions under subpart FF.
    First, for the reasons described in section III.A.1 of this 
preamble, the EPA is proposing to amend 40 CFR 98.2(i)(3), which 
provides that an owner or operator of a facility that has reported to 
the GHGRP can stop reporting to the program if all applicable GHG-
emitting processes and operations permanently cease to operate. 
Facilities may take advantage of this provision beginning in the year 
after the cessation of operations. However, paragraph (i)(3) expressly 
precludes owners and operators of underground coal mines from using 
this off-ramp even after a mine is closed and abandoned. Underground 
coal mines may only cease reporting after meeting the other criteria in 
40 CFR 98.2(i): (1) If GHG emissions fall below 25,000 
mtCO2e for five consecutive years, or (2) if GHG emissions 
fall below 15,000 mtCO2e for three consecutive years. The 
EPA is proposing to amend 40 CFR 98.2(i)(3) to give owners and 
operators of abandoned underground mines the opportunity to use the 
off-ramp provided by paragraph (i)(3). Specifically, we are proposing 
to amend paragraph (i)(3) to state that paragraph (i)(3) does not apply 
to underground coal mines, except those whose status is determined to 
be ``abandoned'' by MSHA. In keeping with the proposed changes to 40 
CFR 98.2(i) discussed in section III.A.1 of this preamble, these 
proposed revisions would apply beginning on January 1,

[[Page 2565]]

2017. All other proposed revisions to subpart FF, as discussed in this 
section, would apply beginning January 1, 2018 (see section I.E of this 
preamble for additional information).
    In proposing this change, the EPA recognizes that non-flooded 
underground coal mines continue to liberate methane even after the 
mining operations cease. However, methane liberation from closed mines 
occurs on a rapidly declining basis until the mine is sealed and 
declared abandoned by MSHA, and sealed shafts emit virtually no methane 
to the atmosphere. This is supported by the EPA's work in developing a 
methodology for calculating emissions from abandoned underground 
mines.\20\
---------------------------------------------------------------------------

    \20\ U.S. Environmental Protection Agency. Methane Emissions 
from Abandoned Coal Mines in the United States: Emission Inventory 
Methodology and 1990-2002 Emissions Estimates. Washington, DC, April 
2004. http://epa.gov/cmop/docs/amm_final_report.pdf.
---------------------------------------------------------------------------

    The proposed change will streamline reporting under subpart FF by 
limiting reporting to facilities actively emitting measurable volumes 
of methane. Reports submitted by closed and abandoned mines during the 
first four years of the GHGRP show that abandoned and sealed mines 
produce quantities of GHG emissions far below the reporting threshold, 
and the data are of limited value for the GHGRP and U.S. GHG Inventory 
while resulting in additional reporting burden for facilities.
    With respect to defining when a mine is considered abandoned, the 
EPA is proposing to rely on the MSHA determination of a mine's 
operational status as ``abandoned,'' because it is a transparent, 
publicly available indicator of mine operational activity. The 
operational status of any mine can be found using MSHA's on-line Mine 
Data Retrieval System (MDRS) http://www.msha.gov/drs/drshome.htm. 
Moreover, the MSHA abandoned status provides confidence that closed 
mines are sealed, and are, therefore, not emitting methane. MSHA 
regulations require operators to seal any mine that has been 
permanently closed or abandoned for more than 90 days.\21\ The MSHA 
operating procedures require an MSHA district manager to inspect and 
certify that the mine is sealed as part of the abandonment process.\22\
---------------------------------------------------------------------------

    \21\ See 30 CFR 75.1711.
    \22\ U.S. Department of Labor, Mine Safety & Health 
Administration. Coal Mine Safety And Health General Inspection 
Procedures Handbook. Handbook Number: PH13-V-1.
---------------------------------------------------------------------------

    Furthermore, the EPA believes that this proposed change has the 
added benefit of removing a perceived conflict with 40 CFR 98.320(c), 
``Definition of the source category'', in subpart FF. This provision 
exempts abandoned and closed underground coal mines as source 
categories required to report to the GHGRP. Some reporters are 
uncertain which provision, 40 CFR 98.2(i) or 40 CFR 98.320(c), takes 
precedence when formerly operating and reporting mines change status to 
abandoned and sealed mines. The EPA believes the proposed modification 
would remove any ambiguity and uncertainty, clarifying when underground 
coal mines may cease reporting to the GHGRP and streamlining 
implementation of the GHGRP.
    Second, the EPA is proposing several amendments to clarify when 
moisture content is to be reported. The first several amendments apply 
to 40 CFR 98.326, which lists the data reporting requirements for 
subpart FF. The EPA is proposing to amend 40 CFR 98.326(o) to require 
reporting of moisture content only in those cases where the volumetric 
flow rate and CH4 concentration from a specific mine 
ventilation or degasification monitoring point are not measured on the 
same dry or wet basis, and in the case that flow rate is measured with 
a flow meter that does not automatically correct for moisture content. 
For example, if the volumetric flow rate at a specified monitoring 
point is measured on a dry basis but CH4 concentration at 
that monitoring point is measured on a wet basis, then the reporter 
must report moisture content for the monitoring point unless using a 
flow meter that automatically corrects for moisture content. The EPA is 
proposing to amend 40 CFR 98.326 (f) through (i) to require reporters 
to specify whether volumetric flow rate and CH4 
concentration measurements for ventilation and degasification systems 
are determined on a wet or dry basis. The proposed changes would also 
amend 40 CFR 98.326(f) and (h) to specify that where a flow meter is 
used, the reporter must indicate whether the flow meter automatically 
corrects for moisture content. This information will provide the 
necessary information for the reporter and for the EPA to determine if 
moisture content should be reported for an individual facility.
    Third, the EPA is proposing several amendments related to moisture 
content in 40 CFR 98.323 and 40 CFR 98.324, which lists the 
requirements for calculating GHG emissions. The EPA is proposing to 
amend 40 CFR 98.323(a)(2) to read, ``Values of V, C, T, P, and, if 
applicable, (fH2O), . . .'' so that ``if applicable'' more 
explicitly applies to the moisture content term, (fH2O). The 
EPA is proposing the same change for 40 CFR 98.323(b)(1) and 40 CFR 
98.324(b)(1). The changes to 40 CFR 98.323 and 40 CFR 98.324 are being 
proposed to ensure consistency with the proposed change to 40 CFR 
98.326(o).
2. Revisions to Subpart FF To Improve the Quality of Data Collected 
Under Part 98
    For the reasons described in section II.B of this preamble, the EPA 
is proposing two changes to subpart FF that will improve the quality of 
data received by the GHGRP and seeking comment on a third. First, the 
EPA is proposing to amend 40 CFR 98.324(b) to no longer allow MSHA 
quarterly inspection reports to be used as a source of data for 
monitoring methane liberated from ventilation systems. Instead, the 
facility will be required to use either of the two other methods set 
forth in the rule to monitor methane released from mine ventilation 
systems: CEMS or independently collected grab samples. Second, the EPA 
is proposing to add annual coal production to the list of data 
reporting requirements outlined in 40 CFR 98.326. Third, the EPA is 
seeking comment on increasing the frequency with which grab samples 
must be taken, from quarterly to monthly.
    Under 40 CFR 98.324(b)(1) through (3), reporters may choose to 
monitor methane liberated from mine ventilation systems using any one 
or a combination of three approved methods: 40 CFR 98.324(b)(1)--
quarterly grab samples; 40 CFR 98.324(b)(2)--data from MSHA quarterly 
inspection reports; or 40 CFR 98.324(b)(3)--use of a CEMS. MSHA 
conducts health and safety inspections at all operating mines at least 
once every quarter. Each inspection includes a methane survey of the 
ventilation system to ensure that the mines are operating within 
prescribed safety limits. To obtain methane measurements, an MSHA 
inspector takes grab samples using sealed test tubes. The samples are 
analyzed at an MSHA laboratory. A handheld anemometer is used to 
determine ventilation air flow. Approximately 50 percent of the 125 
mines reporting to the GHGRP use MSHA quarterly reports as the basis 
for reporting methane liberation from ventilation.
    The EPA is proposing to remove the option of using MSHA quarterly 
inspection reports as an accepted methodology for monitoring methane 
liberation in mine ventilation systems. Reporters would be required to 
collect grab samples or use a CEMS to monitor mine ventilation systems. 
This change will remove 40 CFR 98.324(b)(2). We are

[[Page 2566]]

proposing this change because we have determined, through several 
reporting cycles and a review of MSHA quarterly inspection reports for 
30 of the highest emitting mines, that the quarterly flow rate data 
gathered by MSHA cannot reliably be used for GHG reporting purposes. 
MSHA regulations and inspections are intended to ensure mine worker 
health and safety rather than to quantify specific mine operating 
parameters. MSHA inspections provide important data for assessing mine 
safety, and if complete, MSHA data may provide a reasonable estimate of 
methane emissions from underground coal mines. However, the EPA found 
that for many facilities the MSHA data can result in too many data gaps 
to meet the objectives of the GHGRP, adding considerable uncertainty to 
the calculation of facility and sector-wide GHG emissions. One common 
example is the occasional inconsistency in the locations within 
specific mines where MSHA inspectors take volumetric flow measurements 
and methane grab samples. Sampling locations are not fixed and, from 
quarter to quarter, inspectors may use more than one name for a single 
approach. In addition, approaches and even shafts may not appear in 
every quarterly report. For more information on the EPA's review of the 
MSHA data see the memorandum titled ``Use of Inspection Data from the 
Mine Safety Health Administration for Reporting Quarterly Methane 
Liberation from Mine Ventilation Shafts'' from Clark Talkington, ARI to 
Cate Hight, EPA, dated November 13, 2015, in Docket Id. No. EPA-HQ-OAR-
2015-0526. Although this rule change will increase the burden on 
facilities that currently use MSHA data to meet the requirements of 40 
CFR 98.324(b), the EPA has determined that the proposed amendment is 
necessary to improve the quality of data consistent with the intended 
purpose of Part 98. In proposing this change, the EPA is seeking 
comment on whether other alternatives, such as surface level samples 
taken at the fan mouth, would achieve the same objectives for improved 
data quality from mine ventilation systems. The EPA encourages 
commenters to submit studies, data, and background information that can 
support additional analysis.
    The second proposal to improve data quality under subpart FF adds a 
new provision 40 CFR 98.326(u). The EPA is proposing to require 
reporters to report the total volume of coal produced, in short tons, 
during the reporting period. An important approach for verifying the 
accuracy of subpart FF annual reports is a comparison of year to year 
changes in methane liberation and methane emissions for each facility. 
To support report verification, the EPA is proposing to add coal 
production to the list of required data to be reported under subpart 
FF. In many instances, an increase or decrease in coal production is a 
reasonable explanation for a corresponding increase or decrease in 
methane liberation. Obtaining annual coal production data with the 
annual subpart FF report would allow the EPA to review year-to-year 
changes in methane emissions in light of changes in coal production. 
These data are expected to reduce the burden on reporters and the EPA 
in verifying the annual reports. This change will not result in 
additional reporting burden for the mine because coal companies closely 
track coal production and report quarterly production totals to MSHA. 
MSHA makes quarterly and annual coal production publicly available 
through MSHA's Mine Data Retrieval System (MDRS) at http://www.msha.gov/drs/drshome.htm. Total annual coal production for the 
reporting year is publicly available by the March 31st GHGRP submission 
date in the year following the reporting year.
    Third, the EPA is seeking comment on increasing the sampling 
frequency for reporters using grab samples from quarterly to monthly in 
order to provide more accurate and reliable data. Currently, mines that 
monitor methane liberation from grab samples must take at least one 
grab sample per quarter for each ventilation monitoring point (40 CFR 
98.324(b)(1)), and report methane liberation on a quarterly basis. 
Mine-specific daily and weekly data sets show that significant day-to-
day and week-to-week variation in methane emissions can occur depending 
on operating and geologic conditions at a mine. According to the IPCC 
Guidelines, frequent measurements of underground coal mine emissions 
can account for such variability and also reduce the intrinsic errors 
in the measurement techniques. As emissions vary over the course of a 
year due to variations in coal production rate and associated drainage, 
good practice is to collect measurement data as frequently as 
practical, preferably biweekly or monthly to smooth out variations.\23\ 
Preliminary analysis of high frequency ventilation air emissions at 
underground coal mines shows that uncertainty decreases as sampling 
frequency increases. Therefore, increasing the frequency with which 
grab samples are taken from quarterly to monthly could improve the 
accuracy of ventilation data reported to the GHGRP. In considering this 
change, the EPA analyzed high-frequency datasets of ventilation air 
methane (VAM) emissions at three mines (Mines ``A'', ``B'', and ``C'') 
to examine the uncertainty associated with weekly, monthly, and 
quarterly sampling based on using a random day selection approach.
---------------------------------------------------------------------------

    \23\ From 2006 IPCC Guidelines for National Greenhouse Gas 
Inventories, Chapter 4. See: http://www.ipcc-nggip.iges.or.jp/public/2006gl/pdf/2_Volume2/V2_4_Ch4_Fugitive_Emissions.pdf.
---------------------------------------------------------------------------

    Using VAM emissions data recorded daily and weekly from the three 
underground coal mines (one with daily sampling and two with weekly 
sampling), the EPA analyzed the average daily VAM emissions rate by 
randomly selecting the sampling day or week during a 12 month reporting 
period. Mine A had daily CH4 emissions ranging from 1 to 4 
million cubic feet per day (mmcfd) with an average of ~2.5 million 
cubic feet per day mmcfd. Mine B had daily CH4 emissions 
ranging from 4 to 18 mmcfd (avg. ~10.1 mmcfd). Mine C had daily 
CH4 emissions ranging from 1 to 7 mmcfd (averaging. ~3.6 
mmcfd).
    To assess the variability in emissions, each case was run for a 
weekly, monthly, and quarterly sampling frequency over a 12 month 
reporting period. For Mine A, the results showed that weekly sampling 
produced a small standard deviation of 1.6% compared to daily sampling. 
For all three mines, the results showed the standard deviations 
increased to 4.3-5.2% when sampling frequency decreased from weekly to 
monthly sampling. Finally, the results showed the standard deviations 
increased to 12.1-13.4% when sampling frequency decreased from monthly 
sampling to quarterly sampling. Due to the day-to-day variability in 
VAM emissions, ranges of maximum possible errors are also greater with 
decreased sampling frequency. Deviations from the actual value for 
monthly sampling ranged from 8.8-10.7%, while deviations for quarterly 
sampling ranged from 20.6-35.1%.
    This analysis demonstrates that uncertainty decreases as sampling 
frequency increases, most noticeably when the frequency decreases from 
quarterly to monthly. Although the EPA considered requiring weekly 
sampling, it appears that monthly sampling strikes the most appropriate 
balance between improving data quality while limiting the additional 
burden on reporters for more frequent sampling. The EPA also notes that 
a number of mines reporting to the GHGRP already take grab samples on a 
more frequent basis than the quarterly MSHA sampling requirements.

[[Page 2567]]

In addition, based on published papers the EPA understands that many 
mining operations conduct ventilation surveys on a monthly and possibly 
more frequent basis as a critical element of good practice health and 
safety. Air samples are taken as part of the ventilation survey to 
confirm levels of hazardous gases. Therefore, the EPA believes an 
amendment to increase monitoring frequency is feasible for the 
industry. The EPA is also seeking comment on other monitoring 
frequencies higher than monthly (such as biweekly) or monitoring 
frequencies higher than quarterly but less than monthly (such as 
bimonthly).
    For additional information regarding the EPA's preliminary analysis 
for increasing monitoring frequency, see the memorandum entitled 
``Evaluating Possible VAM Emissions Estimation Errors Based on 
Different Sampling Intervals (Quarterly, Monthly, Weekly),'' Ruby 
Canyon Engineering, dated June 10, 2015, in Docket Id. No. EPA-HQ-OAR-
2015-0526. The EPA encourages commenters to submit studies, data, and 
background information demonstrating multi-year VAM monitoring on a 
basis that is more frequent than quarterly. This information will help 
determine the appropriate frequency of monitoring for ventilation 
emissions that is needed to ensure accurate and reliable measurements.
    Finally, we are also proposing a change to 40 CFR 98.324(b)(1) to 
require use of the most recent edition of the MSHA Handbook for 
inspections and sampling procedures entitled, Coal Mine Safety and 
Health General Inspection Procedures Handbook Number: PH13-V-1, 
February 2013.
    In addition to improving the quality of data reported to the GHGRP, 
and, in turn, the quality of emissions data aggregated and reported to 
the public by the GHGRP, the proposed changes to monitoring methods for 
mine ventilation systems, as well as the addition of annual coal 
production to the data reporting requirement, would improve the 
emissions estimates for coal mines reported in the U.S. GHG Inventory. 
For more information on subpart FF confidentiality determinations 
resulting from these proposed revisions, see section IV of this 
preamble.
3. Other Amendments to Subpart FF
    As described in section II.C of this preamble, we are proposing 
revisions to Part 98 to respond to issues raised by reporters and to 
more closely align rule requirements with the processes conducted at 
specific facilities. The following proposed revisions to subpart FF are 
in response to comments and questions we have received since reporting 
under subpart FF began in 2011.
    In 40 CFR 98.323(a) and (b), we are proposing to clarify for 
Equations FF-1 and FF-3 the method for determining the number of days 
in a month or week (n) where active ventilation and degasification are 
taking place. In both equations, the definition of Number of Days (n) 
is being clarified to note that (n) is determined by taking the number 
of hours in the monitoring period and dividing by 24 hours per day.
    In 40 CFR 98.323(a)(3) and 40 CFR 98.323(b)(2), the text is being 
amended to state that the quarterly sum of CH4 liberated from 
ventilation and degasification systems, respectively, ``must be'' 
rather than ``should be'' determined as the sum of the CH4 liberated at 
each monitoring point during that quarter. This change is being 
proposed because calculating the quarterly sum of CH4 liberated is 
required rather than being optional.
    The EPA is proposing to remove ``If applicable'' in 40 CFR 
98.324(h) to clarify that the provision requiring the owner or operator 
to document the procedures used to ensure the accuracy of gas flow 
rate, gas composition, temperature, pressure, and moisture content 
measurements is a requirement for all reporters, because grab samples 
and CEMS would be the only acceptable monitoring methods if the 
amendments to 40 CFR 98.324(b) are finalized as proposed.
    In 40 CFR 98.326(r)(2), we are proposing to clarify the start date 
and end date for a well, shaft, or vent hole. This requirement has 
caused confusion for some reporters. The start date of a well, shaft, 
or vent hole is the date of actual initiation of operations and may 
begin in a year prior to the reporting year. For purposes of reporting, 
we are amending paragraph (r)(2) to state that the end date of a well, 
shaft, or vent hole is the last day of the reporting year if the well, 
shaft, or vent hole is operating on that date.
    In 40 CFR 98.326(r)(3), we are proposing to add language clarifying 
the method for determining and reporting the number of days a well, 
shaft, or vent hole was in operation during the reporting year. The 
number of days is determined by dividing the total operating hours in 
the reporting year by 24 hours per day. This change is consistent with 
similar changes to the method for determining number of days in 
Equations FF-1 and FF-3, discussed earlier in this section.
4. Minor Corrections and Clarifications to Subpart FF
    In addition to the substantive changes proposed, for the reasons 
described in section II.D of this preamble, we are proposing minor 
revisions that are intended to clarify specific provisions in subpart 
FF. These minor revisions are summarized in the Table of Revisions 
available in the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-
2015-0526).

S. Subpart HH--Municipal Solid Waste Landfills

    In this action, we are proposing several amendments, 
clarifications, and corrections to subpart HH of Part 98. This section 
discusses the substantive changes to subpart HH; additional minor 
amendments, corrections, and clarifications are summarized in the Table 
of Revisions available in the docket for this rulemaking (Docket Id. 
No. EPA-HQ-OAR-2015-0526).
1. Revisions to Subpart HH To Streamline Implementation
    For the reasons described in section II.A of this preamble, we are 
proposing one amendment that is intended to simplify and streamline the 
requirements of subpart HH and focus the provisions of the rule on the 
essential data that the EPA requires to review, assess, and verify 
reported emissions. We are proposing to revise 40 CFR 98.346(f) to 
remove the requirement to report the surface area for each type of 
cover material used at the facility. The surface area for each cover 
material used has not been useful in assessing or verifying reported 
emissions and therefore, the EPA is proposing to remove the requirement 
to report this data. The proposed amendment will still require the 
reporting of the total surface area of the landfill containing waste 
(in square meters) and an identification of the type(s) of cover 
material used. This information is used during verification to check 
the consistency of the collection efficiency reported by the landfill. 
However, when multiple cover types are used, reporters will no longer 
be required to report the surface area of the landfill containing waste 
associated with each cover type. The proposed change would reduce the 
burden to reporters and the agency as described in section II.A of this 
preamble.
2. Revisions to Subpart HH To Improve the Quality of Data Collected 
Under Part 98
    For the reasons described in section II.B of this preamble, the EPA 
is proposing several amendments to

[[Page 2568]]

subpart HH that would allow the EPA to collect data that would improve 
the EPA's understanding of sector GHG emissions while generally 
resulting in only a slight increase in burden for reporters.
    First, we are seeking comment on whether revisions should be made 
to Table HH-3 to allow landfill owners or operators to determine the 
weighted average collection efficiency for their landfill using either 
an area-based weighting approach, as has been required in previous 
reporting years, or a volume-based weighting approach. We are also 
seeking comment on whether reporters should be given the option to use 
either approach, or if one approach should be required if reporters 
meet certain landfill characteristics and if so, what those landfill 
characteristics should be. We have received comments from reporters 
stating that the area weighted average does not accurately reflect the 
overall efficiency of the gas collection system due to differences in 
the waste depth or age in different portions of their landfill. We 
considered allowing reporters to define subareas of the landfill and 
perform all of the subpart HH calculations and report the equation 
inputs for each subarea. This approach would consider the effects of 
waste age, composition, and quantity for the different landfill 
subareas, but it would essentially double or triple the number of 
reporting elements, depending on the number of subareas defined. We 
next considered providing a volume-based weighting approach for 
calculating collection efficiency. This approach only considers some of 
the variables that influence methane generation rate, but these are 
variables already reported, namely the depths for each waste area 
defined in Table HH-3. If the option to use the area weighted approach 
or the volume-based weighting approach is finalized, no new reporting 
elements beyond an indication of which weighting approach is used would 
be required. This revision would allow us to use the data previously 
reported to develop a consistent time line, if necessary, without 
requiring reporters to revise previously submitted reports. If a 
requirement to use one approach over another for reporters with certain 
landfill characteristics is finalized, one or more new reporting 
elements may be required depending on what the certain landfill 
characteristics are.
    Consequently, we are seeking comment on (1) whether reporters 
should be given the option to calculate the collection efficiency; (2) 
whether reporters should be allowed to use and report the option of 
either the area weighted average or the volume weighted average 
approach; (3) whether reporters should be required to use one approach 
over the other depending on specific landfill characteristics (e.g., 
reporters with drastically different wastes depths in portions of their 
landfill should be required to use the volume weighted approach); and 
(4) what those specific landfill characteristics should be. We expect 
that the many landfills that have similar waste depths in different 
areas of their landfill (or a single area) will maintain their existing 
data collection and calculation procedures by using the area weighted 
average. In contrast, we expect reporters with different waste depths 
in portions of their landfill to use the volume weighted average 
approach, thereby improving the accuracy of the data reported for those 
landfills. If finalized, these changes would be effective beginning 
with the 2016 reporting year and are not retroactive.
    We are proposing to broaden the description of area type A5 in 
Table HH-3 to include alternative final covers. Currently, facilities 
with landfill gas collection and approved alternative final covers are 
not allowed to use the 95 percent collection efficiency in their 
emissions calculations because an alternative final cover does not fit 
the exact language in the definition for area type A5 in Table HH-3. 
This proposed revision would allow facilities with alternative final 
covers to use a collection efficiency greater than 75 percent. 
Alternative final covers may include, but are not limited to, 
evapotranspiration covers, capillary barrier covers, asphalt covers, or 
concrete covers. The state, local, or other agency responsible for 
permitting the landfill determines whether an alternative final cover 
meets the applicable regulatory requirements and has been shown to 
adequately protect human health and the environment. This rule does not 
intend to provide details of the design or implementation of 
alternative final covers and solely relies on the agency responsible 
for permitting the landfill to approve an alternative final cover at 
the facility. For clarity, we are also proposing a definition for 
alternative final covers to this effect in 40 CFR 98.348.
    We are also proposing to revise 40 CFR 98.346(i)(5) to require 
reporting of the annual hours that active gas flow was sent to each 
destruction device instead of reporting the annual operating hours for 
each destruction device associated with a given measurement location. 
The proposed revision refers to the fraction of hours the destruction 
device was operating (fDest), which is a term used in 
Equations HH-6 and HH-8. The term fDest is defined as the 
``fraction of hours the destruction device associated with the nth 
measurement location was operating during active gas flow calculated as 
the annual operating hours for the destruction device divided by the 
annual hours flow was sent to the destruction device as measured at the 
nth measurement location . . .'' Although no changes are being made to 
the definition or calculation of fDest, there is currently no reporting 
requirement for the ``. . . hours . . . operating during active gas 
flow . . .'' in the rule. By collecting these data, the proposed 
revision would allow the EPA's reporting tool to accurately calculate 
fDest, as well as the results of Equations HH-6 and HH-8. More accurate 
calculation by e-GGRT would improve verification of the existing data 
by reducing the number of reporters that override their equation 
results, resulting in fewer potential errors identified during the 
verification process. The removal of the current requirement to report 
the annual operating hours for each destruction device associated with 
a given measurement location would not impede verification of reported 
data, as this parameter is not used in the subpart calculations. We are 
also proposing to move the requirement to report the annual operating 
hours of the gas collection system for each measurement location in 40 
CFR 98.346(i)(7) to 40 CFR 98.346(i)(5) to consolidate all reporting 
requirements that are associated with each measurement location to the 
same paragraph, consistent with reporting organization used in e-GGRT.
    Finally, landfills with active gas collection systems must 
calculate and report their GHG emissions in two ways. Equation HH-6 is 
designed to be driven by the modeled methane generation (i.e., Equation 
HH-1), whereas Equation HH-8 is driven by methane recovery (i.e. 
Equation HH-4). For a landfill with an active gas collection system, 
where the quantity of recovered methane is greater than the modeled 
methane generation (i.e., the result of Equation HH-4 is greater than 
the result of Equation HH-1), we are proposing that the facility must 
report the results of Equation HH-8 as the final subpart HH methane 
emissions instead of the value for Equation HH-6.
    We allowed the term GCH4 in Equation HH-6 to be 
substituted with the greater of the Equation HH-4 or Equation HH-1 
value to avoid a negative result when the quantity of recovered methane 
is greater than the modeled methane generation. We reviewed several 
years

[[Page 2569]]

of facility data and found a few cases where the amount of methane 
recovered by the gas collection system was greater than the amount of 
modeled methane generation. After reviewing the reports where this 
occurs, as well as examining the difference in net emissions between 
Equation HH-6 and HH-8 at these facilities, we concluded that the value 
of Equation HH-6 is not reliable for use as the final subpart HH 
emissions when the amount of methane recovered is greater than the 
amount of modeled methane generation. The substitution of Equation HH-4 
for GCH4 was only done to prevent a negative value of 
methane emissions for Equation HH-6. The EPA did not intend for that 
value to then be used as the total subpart HH emissions since it is not 
possible to recover more methane from the landfill than was generated. 
To prevent inaccurate values from being reported as the final subpart 
HH methane emissions, we are proposing to expressly add the ``methane 
emissions for the landfill'' as a reporting element in 40 CFR 
98.346(i)(13). This proposed new paragraph directs reporters to 
``Choose the methane emissions from either Equation HH-6 of this 
subpart or Equation HH-8 of this subpart that best represents the 
emissions from the landfill. If the quantity of recovered 
CH4 from Equation HH-4 of this subpart is used as the value 
of GCH4 in Equation HH-6 of this subpart, use the methane 
emissions calculated using Equation HH-8 of this subpart as the methane 
emissions for the landfill.''
    For more information on subpart HH confidentiality determinations 
resulting from these proposed revisions, see section IV of this 
preamble.
3. Other Amendments to Subpart HH and Grant of Petition for 
Reconsideration
    We are proposing two amendments for subpart HH for the reasons 
described in section II.C of this preamble. These proposed amendments 
are anticipated to have minimal or no impact on burden for reporters. 
On April 2, 2013, the EPA proposed flux-dependent oxidation fractions 
based on data provided by industry representatives (78 FR 19802). While 
we proposed the use of these oxidation fractions with no minimum soil 
cover requirement, we received comments on the proposed soil oxidation 
fractions noting that soil oxidation only occurs with soil of adequate 
depth, porosity, temperature and microbes. To respond to this comment, 
we reviewed the soil depths present in the peer-reviewed studies upon 
which the data were based and determined that the studies supporting 
the higher flux-dependent oxidation fractions were performed on soils 
with an average depth across all of the studies reviewed of 24 inches 
or more of soil cover. We finalized the proposed flux dependent soil 
oxidation fractions, and also included a requirement that these flux 
dependent soil oxidation fractions could only be used if the majority 
of the landfill area that contains waste has a soil cover of at least 
24 inches (78 FR 71971, November 29, 2013). We subsequently received an 
administrative petition for reconsideration from Waste Management, Inc. 
(hereafter referred to as ``Petitioner'') on January 28, 2014 regarding 
the inclusion of this minimum soil cover requirement in order to use 
the flux-dependent soil oxidation fractions, titled ``Waste 
Management's Petition for Reconsideration of 2013 Revisions to 
Greenhouse Gas Reporting Rule and Final Confidentiality Determinations 
for New or Substantially Revised Data Elements Docket I.D. EPA-HQ-OAR-
2012-0934'' (hereafter referred to as the ``Petition for 
Reconsideration,'' available in the docket for this rulemaking). This 
section of this preamble discusses the specific issue raised in the 
Petition for Reconsideration that is addressed in this action, the 
review and analysis that was undertaken since the Petition for 
Reconsideration was received, and the changes the EPA is proposing in 
response to the petition. The EPA intends to complete its response to 
the Petition for Reconsideration through this rulemaking.
    In response to the Petition for Reconsideration, the EPA re-
evaluated the available peer-reviewed literature (27 studies) at the 
time of proposal regarding soil oxidation fractions. This review found 
that 85 percent of the data points in the literature where both methane 
oxidized and cover depth were reported had a cover depth of 24 inches 
or more. This investigation confirmed that the vast majority of the 
soil oxidation studies were performed on landfills with cover depths of 
24 inches or more, which was the basis for the 24 inch soil depth 
requirement in the final rule (78 FR 71927, November 29, 2013). 
However, several of these studies investigated the oxidation profile 
within the cover soil and several of these studies indicated that the 
majority of soil oxidation occurs in the top 12 to 15 inches of the 
soil cover. While some of the data support the idea that the bulk of 
the oxidation may occur in the top 12 to 15 inches of the soil, it is 
unclear whether these soils would have had similar oxidation rates if 
only 12 or 15 inches of soil cover were present. For further details on 
the review of the soil oxidation literature, see the memorandum 
entitled ``Review of Oxidation Studies and Associated Cover Depth in 
the Peer-Reviewed Literature'' from Kate Bronstein, Meaghan McGrath, 
and Jeff Coburn, RTI International to Rachel Schmeltz, EPA, dated June 
17, 2015, in Docket Id. Number EPA-HQ-OAR-2015-0526.
    We also reviewed the codified state standards from all 50 states 
for requirements regarding intermediate or interim cover depth and 
found that the depth requirements are not consistent from state to 
state, and for some states depth requirements are not specified (e.g., 
Hawaii, Idaho, New Hampshire). Most states require a minimum 
intermediate cover thickness of 12 inches. Some states include a 
minimum intermediate cover depth in their regulations that is inclusive 
of the federally-mandated 6 inches of daily cover depth. For example, 
Massachusetts requires a minimum intermediate cover depth of 12 inches, 
including 6 inches of daily cover. Other states, such as Florida, 
require 12 inches of intermediate cover in addition to the 6 inches of 
initial cover, thereby requiring 18 inches of intermediate cover in 
total.
    After reviewing the literature on the soil oxidation studies and 
the codified state standards for intermediate soil cover, we determined 
that while the literature studies are not conclusive regarding the 
minimum soil cover necessary for oxidation to occur, they do show that 
oxidation generally occurs with at least 12 inches of soil cover. 
Further, most states require at least 12 inches of intermediate soil 
cover. As a result, we are proposing to revise and clarify the soil 
cover requirements as follows. First, we are proposing to revise the 
phrase ``. . . for a majority of the landfill area containing waste . . 
.'' to read ``. . . for at least 50 percent of the landfill area 
containing waste . . .'' to clarify that we intended the majority of 
the landfill to mean 50 percent or more. Second, we are proposing to 
revise the requirement for ``. . . a soil cover of at least 24 inches . 
. .'' to read ``. . . intermediate or interim soil cover . . .'' Third, 
we propose to define intermediate or interim soil cover in 40 CFR 
98.348 to mean ``the placement of material over waste in a landfill for 
a period of time prior to disposal of additional waste and/or final 
closure as defined by state regulation, permit, guidance or written 
plan, or state accepted best management practice.'' In the case where a 
landfill is located in a state that does not have an intermediate

[[Page 2570]]

or interim soil cover requirement as proposed to be defined, we are 
proposing to add a footnote to Table HH-4 stating that the landfill 
must have a soil cover of 12 inches or greater to use an oxidation 
fraction of 0.25 or 0.35.
    Lastly, in our review of the oxidation studies, we noted that some 
investigators observed that soil methane flux near passive vent 
locations was low. Most of the landfills where methane flux and soil 
oxidation were measured occurred at landfills with active gas 
collection systems. For landfills with passive gas collection, a 
significant portion of the generated methane can be released via these 
passive vents and bypass diffusion through the cover soil. That is, 
landfill gas that is lost through the passive vents would not undergo 
any soil oxidation. The GHGRP does not currently require, nor are we 
proposing to require, direct measurement of passive vent flows; thus, a 
facility is unable to determine the fraction of the generated landfill 
gas that bypasses the soil cover and it is therefore not possible to 
estimate a weighted average soil oxidation fraction for landfills with 
passive vents. It is important to note that the Intergovernmental Panel 
on Climate Change 2006 Guidelines \24\ recommends the use of oxidation 
fractions ranging from 0 to 10 percent largely due to the fact that 
landfill gas will flow primarily through channels of least flow 
resistance, which one would expect the passive vents to be. If there 
are fissures in the soil cover (or passive vent systems), a significant 
portion of the landfill gas will be released without any oxidation 
occurring. However, we are not proposing to require the use of an 
oxidation fraction of zero for landfills with passive or active venting 
because a small portion of the generated landfill gas will pass through 
the soil cover and undergo soil oxidation. Because we would expect a 
larger portion of the generated landfill gas to be released via the 
passive vents, for the portion of the landfill gas that does diffuse 
through the soil cover the methane flux rate is expected to be small, 
resulting in a fraction of methane oxidized that is expected to be 
greater than 10 percent. Considering the gas released through the 
passive or active vents and the methane that remains to be oxidized in 
the soil cover, while not precise, the overall oxidation fraction could 
be expected to average approximately 10 percent. Therefore, we are 
proposing revisions to Table HH-4 to require landfills that have 
passive or active vent systems that service greater than 50-percent of 
the landfill area containing waste or landfills that have only passive 
or active vent systems to use the default 10 percent oxidation fraction 
in their emission calculations. The EPA is seeking comment on whether 
landfills with only passive or active vent systems or landfills with 
such systems on greater than 50 percent of the landfill area containing 
waste should be required to use the 10 percent oxidation fraction. If 
finalized, these changes to Table HH-4 would be effective beginning 
with the 2016 reporting year and are not retroactive. The table as it 
appeared before these proposed revisions applies to the relative 
earlier reporting years.
---------------------------------------------------------------------------

    \24\ See IPCC 2006, 2006 IPCC Guidelines for National Greenhouse 
Gas Inventories, Prepared by the National Greenhouse Gas Inventories 
Programme, Eggleston H.S., Buendia L., Miwa K., Ngara T. and Tanabe 
K. (eds). Published: IGES, Japan. Available at: http://www.ipcc-nggip.iges.or.jp/public/2006gl/index.html.
---------------------------------------------------------------------------

    While we are proposing to lower the minimum amount of soil cover 
required to use certain oxidation fractions, we are proposing to 
require the use of a 10 percent oxidation fraction for landfills with 
passive or active venting, or for landfills with less than 12 inches of 
soil cover (that do not also have a geomembrane cover) because 
application of higher soil oxidation fractions would be inappropriate 
at landfills with limited cover soils or passive vent systems because a 
significant portion of the landfill gas may be released through 
channels or vents with little to no soil oxidation occurring.
    We are also proposing to add definitions of ``passive vent'' and 
``active venting'' to further clarify the rule requirements as they 
pertain to landfill gas collection system flow and composition 
monitoring and the use of soil oxidation fractions. Specifically, we 
are proposing ``Passive vent means a pipe or a system of pipes that 
allows landfill gas to flow naturally, without the use of a fan or 
similar mechanical draft equipment, to the surface of the landfill 
where an opening or pipe (vent) allows for the free flow of landfill 
gas to the atmosphere or to a passive vent flare without diffusion 
through the top layer of surface soil.'' ``Active venting means a pipe 
or a system of pipes used with a fan or similar mechanical draft 
equipment (forced convection) used to actively assist the flow of 
landfill gas to the surface of the landfill where the landfill gas is 
discharged either directly to the atmosphere or to a non-combustion 
control device (such as a carbon absorber) and then to the 
atmosphere.'' As described previously, we are proposing to require 
landfills with passive vents or active venting to use a default 
oxidation fraction of 0.1. Providing these definitions clarifies the 
meaning of these terms and thereby clarifies the reporters that must 
use the 0.1 oxidation fraction.
4. Minor Corrections and Clarifications to Subpart HH
    For the reasons described in section II.D of this preamble, we are 
proposing several minor corrections and clarifications to subpart HH of 
Part 98, including editorial changes and clarifications to reporting 
requirements. These minor revisions are summarized in the Table of 
Revisions available in the docket for this rulemaking (Docket Id. No. 
EPA-HQ-OAR-2015-0526).

T. Subpart II--Industrial Wastewater Treatment

    We are proposing amendments to subpart II of Part 98 (Industrial 
Wastewater). This section discusses the substantive changes to subpart 
II; additional minor amendments, corrections, and clarifications are 
summarized in the Table of Revisions available in the docket for this 
rulemaking (Docket Id. No. EPA-HQ-OAR-2015-0526).
1. Revisions to Subpart II To Improve the Quality of Data Collected 
Under Part 98 and Improve the U.S. GHG Inventory
    For the reasons described in section II.B of this preamble, the EPA 
is proposing amendments to subpart II reporting requirements that would 
provide additional data to support estimates included in the U.S. GHG 
Inventory, while generally resulting in only a slight increase in 
burden for reporters.
    We are proposing an amendment to 40 CFR 98.356 to require 
facilities that perform ethanol production to indicate if their 
facility uses a wet milling process or a dry milling process. To 
clarify this requirement, we are proposing amendments to 40 CFR 98.358 
to add definitions of ``wet milling'' and ``dry milling.'' The EPA 
intends to use the data on the numbers of facilities with wet versus 
dry milling processes and their respective wastewater characteristics 
to update assumptions used in the U.S. GHG Inventory and thereby 
improve the estimates of U.S. emissions from wastewater treatment at 
ethanol production facilities. In addition, the EPA intends to update 
the U.S. GHG Inventory using data on the level of biogas recovery in 
use at wet milling facilities and at dry milling facilities. For more 
information on subpart II confidentiality determinations resulting from 
these proposed revisions, see section IV of this preamble.

[[Page 2571]]

2. Other Amendments to Subpart II
    For the reasons described in section II.C of this preamble, the EPA 
is proposing several clarifying amendments to subpart II; these 
proposed changes would have no impact on burden for reporters. In order 
to resolve uncertainties in the reporting requirements in 40 CFR 
98.356(b)(1) and 40 CFR 98.356(d)(3) through (d)(6) regarding how to 
calculate weekly averages for chemical oxygen demand (COD) and 5-day 
biochemical oxygen demand (BOD5) concentration, 
CH4 concentration, biogas temperature, biogas moisture 
content, and biogas pressure, the EPA is proposing an amendment to 40 
CFR 98.358 to add a definition of the term ``weekly average.''
3. Minor Corrections and Clarifications to Subpart II
    For the reasons described in section II.D of this preamble, we are 
proposing several minor clarifications to subpart II of Part 98. These 
minor revisions are summarized in the Table of Revisions available in 
the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2015-0526).

U. Subpart LL--Suppliers of Coal-Based Liquid Fuels

    In this action, we are proposing several amendments to subpart LL 
of Part 98 (Suppliers of Coal-based Liquid Fuels). This section 
discusses the substantive changes to subpart LL; additional minor 
amendments, corrections, and clarifications are summarized in the Table 
of Revisions available in the docket for this rulemaking (Docket Id. 
No. EPA-HQ-OAR-2015-0526).
1. Revisions to Subpart LL To Streamline Implementation
    For the reasons described in section II.A of this preamble, we are 
proposing several revisions to 40 CFR part 98, subpart LL (Suppliers of 
Coal-based Liquid Fuels) to clarify requirements and amend data 
reporting requirements, resulting in a decrease in burden for 
reporters.
    As described in section II.A of this preamble, we are proposing to 
remove the requirements of 40 CFR 98.386(a)(4), (a)(8), (a)(15), 
(b)(4), and (c)(4) for each facility, importer, and exporter to report 
the annual quantity of each coal-based liquid fuel on the basis of the 
measurement method used. Reporters would continue to report the annual 
quantities of each coal-based liquid fuel in metric tons or barrels at 
40 CFR 98.386(a)(2), (a)(6), (a)(14), (b)(2), and (c)(2). We are also 
proposing to clarify that the quantity of bulk natural gas liquids 
(NGLs) reported under 40 CFR 98.386(a)(20) should not include NGLs 
already reported as individual products under 40 CFR 98.386(a)(2). 
These changes not only clarify the reporting requirements, but also 
harmonize subpart LL requirements with those of subpart MM.
2. Minor Corrections and Clarifications to Subpart LL
    For the reasons described in section II.D of this preamble, we are 
proposing several minor clarifications to subpart LL of Part 98. These 
minor revisions are summarized in the Table of Revisions available in 
the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2015-0526).

V. Subpart NN--Suppliers of Natural Gas and Natural Gas Liquids

    In this action, we are proposing several amendments, 
clarifications, and corrections to subpart NN of Part 98 (Suppliers of 
Natural Gas and Natural Gas Liquids). This section discusses the 
substantive changes to subpart NN; additional minor amendments, 
corrections, and clarifications are summarized in the Table of 
Revisions available in the docket for this rulemaking (Docket Id. No. 
EPA-HQ-OAR-2015-0526).
1. Revisions to Subpart NN To Improve the Quality of Data Collected 
Under Part 98
    For the reasons described in section II.B of this preamble, we are 
proposing one amendment to subpart NN that would improve the quality of 
the data collected under Part 98 while generally resulting in only a 
slight increase in burden for reporters. Each local distribution 
company (LDC) reporting under subpart NN is defined in 40 CFR 98.400(b) 
as a company that owns or operates distribution pipelines that 
physically deliver natural gas to end users that are within a single 
state. LDCs provide the EPA with a corporate address on their 
certificate of representation which may or may not be within the state 
where the LDC operates.
    The EPA is proposing to add a new reporting requirement at 40 CFR 
98.406(b)(14) to support data verification and make the data more 
useful to the public. The new data element would require LDCs to 
provide the name of the U.S. state or territory covered in the report. 
This data element will improve the EPA's ability to compare reported 
data to information contained in outside data sets (such as those from 
the EIA). Adding this requirement will enable the EPA to identify a 
larger portion of LDCs in the EIA data set which will lead to improved 
data quality in both the EPA and the EIA data sets. This data element 
will also allow users of GHGRP data to more easily identify the state 
within which the LDC operates, which will be useful for determining 
state level GHG totals associated with natural gas supply.
    For more information on subpart NN confidentiality determinations 
resulting from these proposed revisions, see section IV of this 
preamble.
2. Minor Corrections and Clarifications to Subpart NN
    For the reasons described in section II.D of this preamble, the EPA 
is proposing several changes to subpart NN that are corrections, 
editorial changes, and minor clarifications to improve understanding of 
the rule. These additional minor corrections to subpart NN are 
discussed in the Table of Revisions available in the docket for this 
rulemaking (Docket Id. No. EPA-HQ-OAR-2015-0526).

W. Subpart OO--Suppliers of Industrial Greenhouse Gases

    In this action, we are proposing several amendments to subpart OO 
of Part 98 (Suppliers of Industrial Greenhouse Gases). This section 
discusses all of the proposed changes to subpart OO.
    As discussed in section II.B of this preamble, we are proposing 
revisions that would allow the EPA to collect data that would improve 
the EPA's understanding of industrial GHG supplies while generally 
resulting in only a slight increase in burden for reporters. We are 
proposing three amendments to subpart OO of Part 98 (Suppliers of 
Industrial Greenhouse Gases) that would improve the quality of the data 
collection under Part 98 and improve the U.S. GHG Inventory.
    We are proposing two revisions to the definition of the source 
category to include facilities that (1) destroy 25,000 
mtCO2e or more of industrial greenhouse gases and/or 
fluorinated heat transfer fluids annually; or (2) produce, import, or 
export fluorinated heat transfer fluids (HTFs) that are not also 
fluorinated greenhouse gases. We are also proposing to expand the scope 
of monitoring and reporting to include production, transformation, 
destruction, imports, and exports of fluorinated HTFs that are not also 
fluorinated GHGs.
    Revisions to Include Facilities that Destroy Fluorinated GHGs and 
Fluorinated HTFs. To develop an accurate estimate of the U.S. supply of 
fluorinated GHGs, it is necessary to track all significant additions to 
and

[[Page 2572]]

subtractions from that supply. Additions to the U.S. supply include 
production and import, while subtractions include transformation, 
destruction, and export. Currently, subpart OO requires producers and 
importers to report the quantities of fluorinated GHGs that they 
produce, import, transform, destroy, or send to another facility for 
destruction. (Exporters are required to report the quantities of 
fluorinated GHGs that they export.) While this reporting accounts for 
destruction by producers and importers, it does not account for 
destruction by other entities. This may result in a significant 
underestimate of the quantities destroyed because the fluorinated GHG 
market includes participants who neither produce nor import industrial 
GHGs but may end up destroying them, such as refrigerant reclaimers who 
clean used HFCs for reuse. On occasion, these reclaimers may destroy 
fluorinated GHGs that are found to be irretrievably contaminated. 
Alternatively, they may send such fluorinated GHGs to a facility other 
than a fluorinated gas producer or importer for destruction. In other 
cases, fluorinated GHG users may themselves recognize that recovered 
fluorinated GHGs are irretrievably contaminated and send them directly 
to a destruction facility.
    By requiring facilities that destroy fluorinated GHGs to report 
that destruction, we would capture such destruction and thereby 
eliminate a potential overestimate of the U.S. supply of fluorinated 
GHGs. To avoid covering the destruction of very small quantities of 
fluorinated GHGs that do not have a material impact on the 
CO2e fluorinated GHG supply, we are also proposing to 
require facilities that destroy fluorinated GHGs (and are not otherwise 
covered by subpart OO) to report that destruction only if they destroy 
25,000 mtCO2e or more of fluorinated GHGs annually. This is 
consistent with the thresholds currently applied to facilities that 
destroy HFC-23 under subpart O and to importers and exporters of 
industrial GHGs under subpart OO.
    This expansion of the definition of the subpart OO source category 
would apply to facilities that destroy previously produced fluorinated 
GHGs and that are not already required to report any residual emissions 
of the destroyed fluorinated GHGs under another subpart. For example, 
cement kilns that annually accept and destroy a total of 25,000 
mtCO2e or more of irretrievably contaminated HFCs or 
SF6 recovered from air-conditioning or electrical equipment 
would be covered, but electronics manufacturing facilities that 
dissociate fluorinated GHGs during and/or after etching and chemical 
vapor deposition chamber cleaning processes would not be covered. 
Electronics facilities are currently required to report both their 
emissions and their effective destruction efficiencies under subpart I, 
and we therefore already receive data to account for the impacts of 
electronics manufacturing on fluorinated GHG supplies and emissions.
    We estimate that five to ten destruction facilities would be newly 
covered by subpart OO under this amendment. This estimate is based on 
the number of facilities that report destruction of ozone-depleting 
substances (ODSs) to the EPA under the Stratospheric Protection 
Program. Because fluorinated GHGs are chemically similar to ODSs, are 
manufactured and imported by many of the same facilities and companies 
that manufacture and import ODSs, and are used in many of the same 
applications as ODSs, the set of facilities destroying fluorinated GHGs 
is likely to be similar to the set of facilities destroying ODSs. These 
facilities include hazardous waste treatment facilities that use a 
variety of different destruction technologies such as plasma arc and 
combustion. Facilities destroying very small quantities of ODSs were 
excluded from the total because similar quantities of fluorinated GHGs 
appeared unlikely to equal or exceed the proposed 25,000 
mtCO2e threshold (using an average GWP of 2000).
    The same rationale applies to destruction of fluorinated HTFs; 
reporting by suppliers of fluorinated HTFs is discussed below.
    Revisions to Include Facilities that Produce, Import, Transform, 
Export or Destroy Fluorinated Heat Transfer Fluids and to Require 
Reporting of these Activities. We are also proposing to revise subpart 
OO to include entities that produce, import, transform, export, or 
destroy fluorinated HTFs that are not also fluorinated GHGs under the 
subpart A definition, and to require monitoring and reporting of these 
activities from all suppliers that engage in them. Currently, the 
Suppliers of Industrial Greenhouse Gas source category includes 
suppliers of, and requires reporting of, nitrous oxide and fluorinated 
GHGs. The definition of fluorinated GHG excludes compounds whose vapor 
pressures fall below 1 mm Hg at 25 degrees C, because in applications 
where temperatures are near or below 25 degrees C, such compounds are 
not likely to evaporate and enter the atmosphere (74 FR 56348, October 
30, 2009). However, fluorinated HTFs are used in electronics 
manufacturing applications where temperatures can be much higher. 
Consequently, even compounds whose vapor pressures fall below 1 mm Hg 
at 25 degrees C can enter the atmosphere when used in these 
applications. For this reason, subpart I (Electronics Manufacturing) 
defines fluorinated HTFs to include compounds whose vapor pressures 
fall below 1 mm Hg at 25 degrees C (as well as above this level) and 
that are used in temperature control, device testing, cleaning 
substrate surfaces and other parts, and soldering; and subpart I 
requires electronics manufacturing facilities to report emissions of 
these compounds. We are proposing to use essentially the same 
definition for subpart OO.
    Collecting information on the U.S. supply of fluorinated HTFs would 
enable us to compare reported supplies to the demand for fluorinated 
HTFs that we calculate based on the emissions (1) reported under 
subpart I, and (2) estimated for electronics facilities that do not 
report under subpart I (e.g., because they fall below the threshold). 
Large differences would imply that emissions are being over- or 
underestimated, for example because some users and emitters of 
fluorinated HTFs are not being accounted for.\25\ Because many 
fluorinated HTFs are composed of fully-fluorinated GHGs and have GWPs 
near 10,000, it is important to ensure that we are accurately 
accounting for fluorinated HTF emissions on a national level.
---------------------------------------------------------------------------

    \25\ Such differences have been seen for other fluorinated GHGs; 
a recent comparison between the U.S. supply of SF6 
reported under OO and the demand for SF6 calculated based 
on reporting under subparts I, T (Magnesium Production), DD 
(Electrical Transmission and Distribution Equipment Use), and SS 
(Electrical Equipment Manufacture or Refurbishment) found that in 
2012, supplies exceeded the calculated demand by more than half.
---------------------------------------------------------------------------

    Suppliers of fluorinated HTFs would be subject to the same 
thresholds as suppliers of fluorinated GHGs. That is, there would be no 
threshold for producers of fluorinated HTFs, but the threshold for 
importers, exporters, and destroyers of fluorinated HTFs would be 
25,000 mtCO2e of fluorinated HTFs or GHGs. We anticipate 
that few, if any, suppliers of fluorinated HTFs would be required to 
begin reporting under this provision because all suppliers of 
fluorinated HTFs are believed to report under subpart OO already. (One 
possible exception is facilities that destroy but do not produce or 
import fluorinated HTFs, but this group of facilities is included in 
the set of destruction facilities discussed above.) The incremental 
burden associated with

[[Page 2573]]

reporting production, import, export, and destruction of fluorinated 
HTFs that are not also fluorinated GHGs is expected to be modest, e.g., 
it may involve reporting supplies of one to twelve additional compounds 
by two to three suppliers of fluorinated HTFs.
    For more information on subpart OO confidentiality determinations 
resulting from these proposed revisions, see section IV of this 
preamble.

X. Subpart RR--Geologic Sequestration of Carbon Dioxide

    In this action, we are proposing amendments to subpart RR of Part 
98 (Geologic Sequestration of Carbon Dioxide). This section discusses 
all of the proposed changes to subpart RR.
    As discussed in section II.B of this preamble, we are proposing 
revisions that would allow the EPA to collect data that would improve 
the EPA's understanding of GHG emissions from geologic sequestration, 
while generally resulting in a minimal increase in burden for 
reporters. The EPA is proposing to add a data reporting element to 40 
CFR 98.446 to indicate whether the facility is injecting a 
CO2 stream in subsurface geologic formations to enhance the 
recovery of oil or natural gas. This additional data element will also 
allow the EPA to make categorical confidentiality determinations on 
data elements related to CO2 received and CO2 
produced that currently have a confidentiality status that is evaluated 
on a case-by-case basis (77 FR 48072, 48081-48083; August 13, 2012). 
For more information on subpart RR confidentiality determinations 
resulting from this proposed revision, see section IV of this preamble.

Y. Subpart TT--Industrial Waste Landfills

    In this action, we are proposing amendments to subpart TT of Part 
98 (Industrial Waste Landfills). This section discusses the substantive 
changes to subpart TT; one additional correction is summarized in the 
Table of Revisions available in the docket for this rulemaking (Docket 
Id. No. EPA-HQ-OAR-2015-0526).
1. Revisions to Subpart TT To Improve the Quality of Data Collected 
Under Part 98
    For the reasons described in section II.B of this preamble, the EPA 
is proposing several amendments to Table TT-1 to subpart TT of Part 98 
that would improve the quality of the data collected under the GHGRP 
and improve the EPA's understanding of sector GHG emissions, and are 
anticipated to either have no impact on the burden for reporters or may 
reduce burden for some facilities currently using site-specific 
factors. During the development of subpart TT, we received several 
comments regarding the need to provide more default DOC values for 
specific industrial waste streams, particularly from the pulp and paper 
industry. Additionally, on May 17, 2013, we received written comments 
from the American Forest and Paper Association and the American Wood 
Council, with input from the National Council for Air and Stream 
Improvement, on the proposed 2013 Revisions to the Greenhouse Gas 
Reporting Rule and Proposed Confidentiality Determination for New or 
Substantially Revised Data Elements (78 FR 19802, April 2, 2013). These 
comments stated that the current DOC values in Table TT-1 overstate 
substantially the GHG emissions from landfills at pulp and paper mills. 
(See Docket Id. No. EPA-HQ-OAR-2012-0934). One suggested resolution was 
for the EPA to create separate categories of wastes that would include 
largely inorganic waste streams and assign a lower DOC value in Table 
TT-1. At that time, the information provided in the comments was 
considered new, the comments contained only limited data on which to 
base any changes, and they did not address items that were not part of 
the proposal. The EPA also did not have data to develop more waste 
specific DOC values for any of the industrial waste categories. 
Instead, we provided methods in the rule that allowed reporters to 
develop site-specific DOC values for wastes that may not be well-
characterized by the default values provided in Table TT-1. While we 
still maintain that site-specific DOC values are preferable to the 
Table TT-1 defaults, we reviewed the site-specific DOC values reported 
under subpart TT from 2011 to 2013 to determine if we had adequate data 
to develop more specific industry default DOC values for inclusion in 
Table TT-1. For most industries, we did not have enough data from site-
specific DOC estimates to establish new or revise default DOC values 
for inclusion in Table TT-1. However, we had site-specific DOC data for 
over 100 waste streams at pulp and paper manufacturing facilities. We 
note that the pulp and paper industry accounts for approximately 55 
percent of the subpart TT reporters and accounts for 62 percent of the 
emissions reported during the 2013 reporting year. Within the data, we 
found four general pulp and paper waste types for which reporters 
commonly developed site-specific DOC values. These are: Boiler ash, 
kraft recovery (causticizing) wastes, wastewater treatment sludges, and 
other (which included hydropulper rejects, bark wastes, and digester 
knots). We found that our general pulp and paper waste (other than 
industrial sludge) default DOC value was reasonable for the ``other'' 
waste category, but overestimated DOC content for other pulp and paper 
waste streams. Boiler ash and kraft recovery wastes had very low DOC 
values, but not low enough to be considered ``inerts.'' We also found 
that wastewater treatment sludges for the pulp and paper industry had, 
on average, a slightly higher DOC content than the default for 
``industrial sludge.'' See memorandum, ``Review of Site-Specific 
Industrial Waste Degradable Organic Content Data'' from Jeff Coburn and 
Katherine Bronstein, RTI International to Rachel Schmeltz, EPA, dated 
June 17, 2015 in Docket Id. EPA-HQ-OAR-2015-0526.
    Based on the available site-specific DOC values for these different 
pulp and paper industry wastes, we consider it appropriate to provide 
additional default DOC values for the pulp and paper industry for the 
purposes of improving the accuracy of the methane emissions estimates 
reported under subpart TT. Specifically, we are proposing to provide 
default DOC values for the four specific pulp and paper industry waste 
types previously listed. The proposed default DOC value for boiler ash 
is 0.06; the proposed default DOC value for kraft recovery wastes is 
0.025. As proposed, these values, rather than the previous ``pulp and 
paper waste (other than industrial sludge)'' default value of 0.20 or 
the ``Inert Waste [i.e., waste listed in 40 CFR 98.460(c)(2)]'' default 
value of 0, should be used for these specific waste streams. The 
proposed default DOC value for pulp and paper wastewater sludge is 
0.12, which would be required, as proposed, for pulp and paper 
wastewater treatment sludges rather than the generic ``Industrial 
Sludge'' default value of 0.09. The fourth category being proposed is 
``Other Pulp and Paper Wastes (not otherwise listed)'' and is to be 
used for all other pulp and paper wastes not included in the three 
other pulp and paper categories; the proposed default DOC value for 
this category is 0.20, which is consistent with the previous default 
for general pulp and paper wastes. In addition, we are adding a 
footnote to Table TT-1 to explain that kraft recovery wastes include 
green liquor dregs, slaker grits, and lime mud, which may also be 
referred to collectively as causticizing or recausticizing wastes.

[[Page 2574]]

Reporters used any and all of these terms in their submitted reports to 
refer to these waste types.
    While we are proposing to provide these specific defaults for 
different types of waste in the pulp and paper industry, we do not 
intend to prevent the pulp and paper industry from using the other 
default values in Table TT-1 that may apply. For example, if 
construction and demolition wastes are disposed of in a landfill at a 
pulp and paper manufacturing facility, the reporter may still use the 
construction and demolition waste default DOC value for these waste 
streams. However, to clarify, we intend to require the pulp and paper 
industry to use the industry-specific wastewater sludge default DOC 
value, and are therefore proposing to revise the ``Industrial Sludge'' 
category to be ``Industrial Sludge (other than pulp and paper industry 
sludge).''
2. Minor Corrections and Clarifications to Subpart TT
    For the reasons described in section II.D of this preamble, we are 
proposing one minor correction to subpart TT of Part 98 that is an 
editorial change. This minor revision is summarized in the Table of 
Revisions available in the docket for this rulemaking (Docket Id. No. 
EPA-HQ-OAR-2015-0526).

Z. Other Minor Revisions, Clarifications, and Corrections

    In addition to the substantive amendments proposed in sections 
III.A through III.Y of this preamble, for the reasons described in 
section II.D of this preamble, we are proposing minor revisions, 
clarifications, and corrections to subparts P, U, MM, PP, and UU of 
Part 98. The proposed changes to these subparts are provided in the 
Table of Revisions for this rulemaking, available in Docket Id. No. 
EPA-HQ-OAR-2015-0526, and include clarifying requirements to better 
reflect the EPA's intent, corrections to calculation terms or cross-
references that do not revise the output of calculations, harmonizing 
changes within a subpart (such as changes to terminology), simple 
typographical errors, and other minor corrections (e.g., removal of 
redundant text).

IV. Proposed Confidentiality Determinations for New or Changed Data 
Reporting Elements

A. Overview and Background

    In this notice we are proposing confidentiality determinations for 
new or substantially revised reporting data elements (i.e., the data 
required to be reported would change under the proposed revision) in 
the proposed subpart rule amendments. We are also proposing 
confidentiality determinations for certain existing data elements for 
which a confidentiality determination has not previously been proposed 
or finalized, or where the EPA has determined that the current 
determination is no longer appropriate.
    In this action, we are proposing confidentiality determinations for 
117 new or substantially revised data reporting requirements in 21 
subparts. We are not proposing new confidentially determinations for 
data reporting elements where the change does not require an additional 
or different data element to be reported. The final confidentiality 
determinations the EPA has previously made for these minimally revised 
data elements are unaffected by this proposed amendment and continue to 
apply.
    We are also proposing confidentiality determinations for 27 
existing data elements in subparts I, Z, MM, NN, PP, and RR that are 
not revised in the proposed amendments. These include 22 data elements 
in subparts I, Z, MM, and RR for which the EPA had not made previous 
confidentiality determinations under Part 98, as well as two data 
elements in subpart NN for which a previous confidentiality 
determination is proposed to be revised because of new information 
indicating the data element is not entitled to confidential treatment 
under the provisions in 40 CFR 2.208. We are also proposing 
confidentiality determinations for three data elements in subpart PP 
that were included in the finalized ``Standards of Performance for 
Greenhouse Gas Emissions from New, Modified, and Reconstructed 
Stationary Sources: Electric Utility Generating Units'' (EGU NSPS) 
(Docket Id. No. EPA-HQ-OAR-2013-0495).
    These proposed confidentiality determinations would be finalized 
before the end of 2016 based on public comment. The confidentiality 
determinations for new and substantially revised data elements would 
apply at the same time as the proposed rule amendments described in 
sections II and III of this preamble, as described in section I.E of 
this preamble. The confidentiality determinations for the existing Part 
98 data elements would apply to reports submitted in RY2016 as well as 
all prior reporting years in which the data elements applied. This 
proposal is one of a series of rulemakings dealing with confidentiality 
determinations for data reported under Part 98. For more information on 
previous confidentiality determinations for Part 98 data elements, see 
the following notices:
     75 FR 39094, July 7, 2010; hereafter referred to as the 
``July 7, 2010 CBI proposal.'' Describes the data categories and 
category-based determinations the EPA developed for the Part 98 data 
elements.
     76 FR 30782, May 26, 2011; hereafter referred to as the 
``2011 Final CBI Rule.'' Assigned data elements to data categories and 
published the final CBI determinations for the data elements in 34 Part 
98 subparts, except for those data elements that were assigned to the 
``Inputs to Emission Equations'' data category.
     77 FR 48072, August 13, 2012, hereafter referred to as 
``2012 Final CBI Determinations Rule.'' Finalized confidentiality 
determinations for data elements reported under nine subparts I, W, DD, 
QQ, RR, SS, UU; except for those data elements that are inputs to 
emission equations. Also finalized confidentiality determinations for 
new data elements added to subparts II and TT in the November 29, 2011 
Technical Corrections Notice (76 FR 73886).
     78 FR 68162; November 13, 2013; hereafter referred to as 
the ``2013 Amendments and Confidentiality Determinations for 
Electronics Manufacturing.'' Finalized confidentiality determinations 
for new data elements added to subpart I.
     78 FR 69337, November 29, 2013; hereafter referred to as 
the ``2013 Revisions Rule.'' Finalized determinations for new and 
revised data elements in 15 subparts, except for those data elements 
assigned to the ``Inputs to Emission Equations'' data category.
     79 FR 63750, October 24, 2014; Final Inputs Rule. Revised 
recordkeeping and reporting requirements for 23 subparts and finalized 
confidentiality determinations for new data elements in 11 subparts.

B. Approach to Proposed Confidentiality Determinations

    To make the determinations proposed in this notice, we applied the 
same approach as previously used for making confidentiality 
determinations for data elements reported under the GHGRP, which 
consisted of assigning data elements to an appropriate data category 
and then either assigning the previously determined category-based 
confidentiality determination or making an individual determination if 
the data element is assigned to a category for which no category-based 
determination was previously made. The data categories used were those 
finalized in the 2011 Final CBI Rule.

[[Page 2575]]

    In the 2011 Final CBI Rule, the EPA made categorical 
confidentiality determinations for data elements assigned to eight 
direct emitter data categories and eight supplier data categories. For 
two direct emitter data categories (``Unit/Process `Static' 
Characteristics that Are Not Inputs to Emission Equations'' and ``Unit/
Process Operating Characteristics that Are Not Inputs to Emission 
Equations,'') and three supplier data categories (``GHGs Reported,'' 
``Production/Throughput Quantities and Composition,'' and ``Unit/
Process Operating Characteristics''), the EPA did not make categorical 
CBI determinations; instead the EPA determined that none of the data 
elements were emissions data (as defined in 40 CFR 2.301(a)(2)(i)) and 
made CBI determinations for each individual data elements based on the 
criteria in 40 CFR 2.208. In subsequent amendments to Part 98,\26\ the 
EPA assigned each new or substantially revised data element to an 
appropriate data category created in the 2011 Final CBI Rule and 
applied the categorical confidentiality determination if one was 
established in the 2011 Final CBI Rule. If a data element was assigned 
to one of the two direct emitter or three supplier data categories 
identified above that do not have categorical determinations, the EPA 
made individual CBI determinations.
---------------------------------------------------------------------------

    \26\See, e.g., FR 48072 (August 13, 2012) and 77 FR 51477 
(August 24, 2012).
---------------------------------------------------------------------------

    In this action, we are proposing to assign new and substantially 
revised data elements in the proposed amendments, as well as certain 
existing data elements in subparts I, Z, II, MM, NN, PP, and RR, to the 
appropriate direct emitter or supplier data category.\27\ For new, 
substantially revised, or existing data elements being assigned to 
categories with categorical confidentiality determinations, we propose 
to apply the categorical determinations made in the 2011 Final CBI Rule 
to the assigned data elements. For new, substantially revised, or 
existing reporting elements assigned to the ``Unit/Process `Static' 
Characteristics that Are Not Inputs to Emission Equations'' and the 
``Unit/Process `Operating' Characteristics that Are Not Inputs to 
Emission Equations'' direct emitter data categories or the 
``Production/Throughput Quantities and Composition'' and ``Unit/Process 
Operating Characteristics'' supplier data categories, consistent with 
our approach toward data elements previously assigned to these data 
categories, we propose that these data elements are not emission data, 
and are making individual CBI determinations for the data elements in 
these categories.
---------------------------------------------------------------------------

    \27\ With the exception of subpart RR, the EPA inadvertently did 
not proposed CBI determinations for these data elements. For subpart 
RR, the EPA initially proposed that all data elements were not CBI 
(see Proposed Confidentiality Determinations for Data Elements Under 
the Mandatory Reporting of Greenhouse Gases, 77 FR 1434; January 10, 
2012). We then received comment that in certain cases, for enhanced 
recovery of oil or natural gas (ER), the data would be CBI. In the 
2012 Final CBI Determinations Rule, the EPA did not have a subpart 
RR data element to distinguish between the ER and non-ER facilities. 
Therefore, the EPA did not finalize the CBI determinations for those 
certain cases, but rather noted that the EPA would evaluate the 
confidentiality status on a case-by-case basis. The remaining 
subpart RR data elements (including monitoring, reporting, and 
verification (MRV) plans, annual mass of CO2 emitted by 
surface leakage, and annual mass of CO2 sequestered) were 
determined not to be CBI in the 2012 Final CBI Determinations Rule. 
In this action, we are proposing to add a new data element to 
indicate whether a facility is conducting ER, which now enables 
proposed confidentiality determinations to be made.
---------------------------------------------------------------------------

    Although the EPA grouped similar data into categories and made 
categorical confidentiality determinations for a number of data 
categories, the EPA also recognized in previous rulemakings that 
similar data elements may not always have the same confidentiality 
status\28\. In these cases, the EPA made individual instead of 
categorical determinations for the data elements. In this action, for 
the reasons explained below in section IV.C of this preamble, we are 
proposing to make an individual CBI determination for one data element 
for which we are not assigning a data category.
---------------------------------------------------------------------------

    \28\ See, e.g., ``Greenhouse Gas Reporting Rule: 2014 Revisions 
and Confidentiality Determinations for Petroleum and Natural Gas 
Systems'' (79 FR 70352, November 25, 2014).
---------------------------------------------------------------------------

    Please see the memorandum titled ``Proposed Data Category 
Assignments and Confidentiality Determinations for Data Elements in the 
Proposed 2015 Revisions'' in Docket Id. No. EPA-HQ-OAR-2015-0526 for a 
list of the proposed new, substantially revised, and existing data 
elements, their proposed category assignments, and their proposed 
confidentiality determinations (whether categorical or individual).\29\ 
Section IV.C of this preamble discusses the proposed CBI determinations 
and supporting rationale for new or substantially revised data 
elements. Section IV.D of this preamble describes the proposed CBI 
determinations and supporting rationale for existing data elements for 
which we have not previously proposed a confidentiality determination. 
Finally, section IV.E of this preamble discusses the proposed changes 
to the determinations and rationale for two existing data elements in 
subpart NN for which a confidentiality determination was previously 
established.
---------------------------------------------------------------------------

    \29\ Excludes data elements assigned to the ``Inputs to 
Emissions Equations'' data category. ``Inputs to Emissions 
Equations'' are considered emissions data. This memorandum includes 
the data element that is not being assigned to a data category.
---------------------------------------------------------------------------

C. Proposed Confidentiality Determinations for New or Substantially 
Revised Data Reporting Elements

    In this action, the EPA is proposing to assign each of the 117 new 
or substantially revised data reporting requirements to the appropriate 
direct emitter or supplier data category. New and substantially revised 
data elements assigned to categories with categorical confidentiality 
determinations are summarized in the memorandum ``Proposed Data 
Category Assignments and Confidentiality Determinations for Data 
Elements in the Proposed 2015 Revisions,'' available in Docket Id. No. 
EPA-HQ-OAR-2015-0526. For new and substantially revised reporting 
elements assigned to direct emitter or supplier data categories without 
a categorical determination, we are proposing that these data elements 
are not emission data and are making individual CBI determinations for 
each data element. We are proposing individual CBI determinations for 
48 data elements assigned to the ``Unit/Process `Static' 
Characteristics that Are Not Inputs to Emission Equations'' and ``Unit/
Process `Operating' Characteristics that Are Not Inputs to Emission 
Equations'' direct emitter data categories and the ``Production/
Throughput Quantities and Composition'' and ``Unit/Process Operating 
Characteristics'' supplier data categories. These data elements consist 
of 17 new data elements in the direct emitter subparts C, E, F, I, S, 
V, X, Y, DD, II, and subpart RR, and 27 new data elements in the 
supplier subpart OO. We are also proposing individual CBI 
determinations for four substantially revised data elements in subparts 
Y, DD, HH, and II. Table 7 of this preamble provides the category 
assignment and proposed rationale for the proposed determinations.

[[Page 2576]]



  Table 7--New and Revised Data Elements Proposed To Be Assigned to Data Categories Without Categorical Determinations and Proposed CBI Determinations
                                                (Subparts C, E, F, I, S, V, X, Y, DD, HH, II, OO, and RR)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Citation in 40 CFR
              Subpart                  part 98 (new or           Data element             Confidentiality            Rationale for the proposed CBI
                                          revised)                                         determination                      determination
--------------------------------------------------------------------------------------------------------------------------------------------------------
  Data Elements Proposed To Be Assigned to the ``Unit/Process `Static' Characteristics That Are Not Inputs to Emission Equations'' Direct Emitter Data
                                                                        Category
--------------------------------------------------------------------------------------------------------------------------------------------------------
C.................................  98.36(c)(1)(iii)      Cumulative maximum rated   Not CBI..................  These data elements consist of
                                     (new).                heat input capacity of                                descriptions of the cumulative heat
                                                           the group, excluding                                  input capacity for an aggregated group
                                                           units less than 10                                    of stationary combustion units. These
                                                           (mmBtu/hr).                                           data elements do not reveal any
                                                                                                                 proprietary information or any other
                                                                                                                 information that could provide insight
                                                                                                                 for competitors to gain an advantage
                                                                                                                 because they do not provide specific
                                                                                                                 design details. Further, these data
                                                                                                                 elements provide information that that
                                                                                                                 is generally already available to the
                                                                                                                 public through other sources (e.g.,
                                                                                                                 operating permits). Therefore, we are
                                                                                                                 proposing that these data elements are
                                                                                                                 not CBI.
C.................................  98.36(c)(3)(ii)       Cumulative maximum rated   Not CBI                    ........................................
                                     (new).                heat input capacity of
                                                           the units served by the
                                                           common pipe, excluding
                                                           units less than 10
                                                           (mmBtu/hr).
E.................................  98.56(f) (new)......  Date of installation of    Not CBI..................  These data elements do not provide
                                                           abatement technology.                                 insight into current production rates,
                                                                                                                 raw material consumption, or other
                                                                                                                 information that competitors could use
                                                                                                                 to discern market share and other
                                                                                                                 sensitive information. Information
                                                                                                                 regarding the date of installation of
                                                                                                                 abatement devices constitute general
                                                                                                                 information that is already available
                                                                                                                 to the public through other sources
                                                                                                                 (e.g., construction permits).
                                                                                                                 Therefore, we are proposing that this
                                                                                                                 data element is not CBI.
I.................................  98.96(y)(2)(iv)       The report must include    Not CBI..................  The data element for the triennial
                                     (new).                the information                                       technology review report is being
                                                           described in paragraphs                               revised to request additional
                                                           (y)(2)(i) through (v) of                              information to be submitted as part of
                                                           this section. (iv) . . .                              the report, if facilities are
                                                           For any utilization, by-                              submitting data from utilization and
                                                           product formation rate,                               byproduct formation rate measurements
                                                           and/or destruction or                                 conducted in the prior three years. The
                                                           removal efficiency data                               EPA previously made a determination
                                                           submitted, the report                                 that 40 CFR 98.96(y)(2)(iv) was
                                                           must describe, where                                  emission data and, therefore, not CBI.
                                                           available: Wafer size.                                Several of the data elements that we
                                                                                                                 are proposing to clarify should be
                                                                                                                 included are already reported under 40
                                                                                                                 CFR 98.96 (e.g., wafer diameter) and
                                                                                                                 the EPA is proposing the same category
                                                                                                                 assignment and confidentiality
                                                                                                                 determination for these data elements,
                                                                                                                 including:  the wafer size
                                                                                                                  substrate type. Wafer size and
                                                                                                                 substrate type are data elements that
                                                                                                                 are published in datasets available
                                                                                                                 from the World Fab Forecast.
                                                                                                                 Furthermore, for the purposes of the
                                                                                                                 triennial report, these data elements
                                                                                                                 may be reported by one or multiple
                                                                                                                 semiconductor manufacturing facilities,
                                                                                                                 and may include measurements made by
                                                                                                                 tool manufacturers or other fabs in
                                                                                                                 lieu of fab-specific information.
                                                                                                                 Therefore, we have concluded that the
                                                                                                                 release of these data elements would
                                                                                                                 not cause substantial competitive harm.
                                                                                                                 For these reasons, we are proposing to
                                                                                                                 assign a determination of not CBI.
I.................................  98.96(y)(2)(iv)       The report must include    Not CBI                    ........................................
                                     (new).                the information
                                                           described in paragraphs
                                                           (y)(2)(i) through (v) of
                                                           this section. (iv) . . .
                                                           For any utilization, by-
                                                           product formation rate,
                                                           and/or destruction or
                                                           removal efficiency data
                                                           submitted, the report
                                                           must describe, where
                                                           available: substrate
                                                           type.

[[Page 2577]]

 
I.................................  98.96(y)(2)(iv)       The report must include    CBI......................  This data element for the triennial
                                     (new).                the information                                       technology review report is being
                                                           described in paragraphs                               revised to request additional
                                                           (y)(2)(i) through (v) of                              information to be submitted as part of
                                                           this section. (iv) . . .                              the report, if facilities are
                                                           For any utilization, by-                              submitting data from utilization and
                                                           product formation rate,                               byproduct formation rate measurements
                                                           and/or destruction or                                 conducted in the prior three years. We
                                                           removal efficiency data                               are proposing that the ``film type'' is
                                                           submitted, the report                                 CBI because this data element could
                                                           must describe, where                                  potentially provide insight into
                                                           available: Film type                                  facility operating practices or
                                                           being manufactured.                                   proprietary device designs that are
                                                                                                                 considered sensitive by the reporter.
                                                                                                                 Information provided by semiconductor
                                                                                                                 manufacturers in prior rulemakings
                                                                                                                 indicates that this data element is
                                                                                                                 closely guarded and protected as
                                                                                                                 sensitive business information.
I.................................  98.96(y)(2)(iv)       The report must include    Not CBI..................  The data element for the triennial
                                     (new).                the information                                       technology review report is being
                                                           described in paragraphs                               revised to request additional
                                                           (y)(2)(i) through (v) of                              information to be submitted as part of
                                                           this section. (iv) . . .                              the report, if facilities are
                                                           For any utilization, by-                              submitting data from utilization and
                                                           product formation rate,                               byproduct formation rate measurements
                                                           and/or destruction or                                 conducted in the prior three years. We
                                                           removal efficiency data                               are proposing that the ``linewidth or
                                                           submitted, the report                                 technology node'' be categorized as
                                                           must describe, where                                  ``Unit/Process `Static' Characteristics
                                                           available: Linewidth or                               That are Not Inputs to Emission
                                                           technology node.                                      Equations'' because this data elements
                                                                                                                 describes basic characteristics of the
                                                                                                                 products and processes in the facility
                                                                                                                 that do not vary with time. We are
                                                                                                                 proposing that the ``the linewidth or
                                                                                                                 technology node'' are Not CBI because
                                                                                                                 this data is publicly available.
                                                                                                                 Specifically, these data elements are
                                                                                                                 published in datasets available from
                                                                                                                 the World Fab Forecast. We have
                                                                                                                 therefore concluded that the release of
                                                                                                                 this data will not cause substantial
                                                                                                                 competitive harm.
V.................................  98.226(h) (new).....  Date of installation of    Not CBI..................  This data element does not provide
                                                           abatement technology.                                 insight into current production rates,
                                                                                                                 raw material consumption, or other
                                                                                                                 information that competitors could use
                                                                                                                 to discern market share and other
                                                                                                                 sensitive information. Information
                                                                                                                 regarding the date of installation of
                                                                                                                 abatement devices constitute general
                                                                                                                 information that is already available
                                                                                                                 to the public through other sources
                                                                                                                 (e.g., construction permits).
                                                                                                                 Therefore, we are proposing that this
                                                                                                                 data element is not CBI.
Y.................................  98.256(e)(3) (new)..  An indication of whether   Not CBI..................  The proposed data element, which
                                                           or not the flare is                                   describes whether the flare is serviced
                                                           serviced by a flare gas                               by a flare gas recovery system, is
                                                           recovery system.                                      similar to: 40 CFR 98.256(e)(3)
                                                                                                                 (description of flare gas service) and
                                                                                                                 40 CFR 98.326(q) (annual operating
                                                                                                                 hours of gas collection system), for
                                                                                                                 which we have previously assigned a
                                                                                                                 ``Not CBI'' designation. Descriptions
                                                                                                                 of flare gas service are not CBI
                                                                                                                 because describing the type of flare or
                                                                                                                 whether a flare is serviced by a flare
                                                                                                                 gas recovery system does not reveal any
                                                                                                                 confidential information because flares
                                                                                                                 are commonly used in the industry and
                                                                                                                 no detailed specifications are required
                                                                                                                 to be reported (see 75 FR 39113, July
                                                                                                                 7, 2010).

[[Page 2578]]

 
DD................................  98.306(m) (new).....  Total miles of             Not CBI..................  This data element is the same type of
                                                           transmission and                                      data that must be reported by these
                                                           distribution lines                                    companies in 40 CFR 98.306(b) and (c),
                                                           located within each                                   which requires reporting of the
                                                           state or territory.                                   aggregate length all transmission lines
                                                                                                                 carrying voltages above 35 kilovolt and
                                                                                                                 the aggregate length all distribution
                                                                                                                 lines carrying voltages above 35
                                                                                                                 kilovolt, for which we previously
                                                                                                                 assigned a determination of not CBI. We
                                                                                                                 had determined that the length of
                                                                                                                 distribution lines and length of
                                                                                                                 transmission lines are basic
                                                                                                                 characteristics of equipment, and that
                                                                                                                 facility-specific lines that do not
                                                                                                                 vary with time or with the operations
                                                                                                                 of the process. Moreover, facilities
                                                                                                                 reporting under this subpart consist of
                                                                                                                 public utilities, including electric
                                                                                                                 cooperatives, public supply
                                                                                                                 corporations (e.g., Tennessee Valley
                                                                                                                 Authority), Federal agencies (e.g.,
                                                                                                                 Bonneville Power Administration), and
                                                                                                                 municipally owned electric utilities.
                                                                                                                 These are public or publicly-regulated
                                                                                                                 utilities that are not affected by
                                                                                                                 competitive market conditions that may
                                                                                                                 apply to other industries. Further,
                                                                                                                 data on transmission and distribution
                                                                                                                 miles is publicly available in the
                                                                                                                 Platts UDI Directory of Electric Power
                                                                                                                 Producers and Distributers, which can
                                                                                                                 be purchased by any interested party.
                                                                                                                 Disclosure of this proposed new data
                                                                                                                 element by the EPA would not provide
                                                                                                                 any additional insight into facility-
                                                                                                                 specific operating conditions or
                                                                                                                 process design or to any other
                                                                                                                 proprietary or sensitive information
                                                                                                                 that would give insight for competitors
                                                                                                                 to gain an advantage over the reporter.
DD................................  98.306(n) (new).....  The following numbers of   Not CBI..................  Facilities reporting under this subpart
                                                           pieces of equipment:.                                 consist of public utilities, including
                                                          (1) New hermetically                                   electric cooperatives, public supply
                                                           sealed-pressure                                       corporations (e.g., Tennessee Valley
                                                           switchgear during the                                 Authority), Federal agencies (e.g.,
                                                           year.                                                 Bonneville Power Administration), and
                                                          (2) New SF6- or PFC-                                   municipally owned electric utilities.
                                                           insulated equipment                                   These are public or publicly-regulated
                                                           other than hermetically                               utilities that are not affected by
                                                           sealed-pressure                                       competitive market conditions that may
                                                           switchgear during the                                 apply to other industries. The reported
                                                           year.                                                 data relate to maintenance activities
                                                          (3) Retired hermetically                               and installation of new/replacement of
                                                           sealed-pressure                                       existing gas-insulated equipment (e.g.,
                                                           switchgear during the                                 circuit breakers, switchgear, power
                                                           year.                                                 transformers, etc.) and amounts of SF6
                                                          (4) Retired SF6- or PFC-                               and PFC used or recovered in servicing
                                                           insulated equipment                                   or replacing such equipment. These data
                                                           other than hermetically                               elements do not disclose any
                                                           sealed-pressure                                       information about a manufacturing
                                                           switchgear during the                                 process or operating conditions that
                                                           year.                                                 would be proprietary. Therefore, we are
                                                                                                                 proposing that these data elements are
                                                                                                                 not CBI.
II................................  98.356(a) (revised).  The average depth in       Not CBI..................  For the industries with industrial
                                                           meters of each anaerobic                              wastewater treatment, the types of
                                                           lagoon.                                               information that are considered
                                                                                                                 proprietary or have previously been
                                                                                                                 determined to be CBI in the May 26,
                                                                                                                 2011 final CBI determination notice
                                                                                                                 include information on quantities and
                                                                                                                 composition of raw materials used in
                                                                                                                 the manufacturing processes and
                                                                                                                 information on quantities and
                                                                                                                 compositions of manufactured products.
                                                                                                                 We are proposing that this data element
                                                                                                                 is not CBI because this data element
                                                                                                                 would not provide detailed insight into
                                                                                                                 the design and operation of the
                                                                                                                 facility's manufacturing processes, raw
                                                                                                                 materials, or products.

[[Page 2579]]

 
II................................  98.356(a) (revised).  Indicate whether biogas    Not CBI..................  For these industries, the types of
                                                           generated by each                                     information that are considered
                                                           anaerobic process is                                  proprietary or have previously been
                                                           recovered.                                            determined to be CBI in the May 26,
                                                                                                                 2011 final CBI determination notice
                                                                                                                 include information on quantities and
                                                                                                                 composition of raw materials used in
                                                                                                                 the manufacturing processes and
                                                                                                                 information on quantities and
                                                                                                                 compositions of manufactured products.
                                                                                                                 We are proposing that this data element
                                                                                                                 is not CBI because indicating whether
                                                                                                                 biogas is recovered from an anaerobic
                                                                                                                 process would not provide detailed
                                                                                                                 insight into the design and operation
                                                                                                                 of the facility's manufacturing
                                                                                                                 processes, raw materials, or products,
                                                                                                                 and provides only general information
                                                                                                                 about the wastewater treatment system
                                                                                                                 that is not considered sensitive by
                                                                                                                 manufacturers.
II................................  98.356(b)(6) (new)..  For each anaerobic         Not CBI..................  For the industries with industrial
                                                           wastewater treatment                                  wastewater treatment, the types of
                                                           process (reactor, deep                                information that are considered
                                                           lagoon, or shallow                                    proprietary or have previously been
                                                           lagoon) you must report:                              determined to be CBI in the May 26,
                                                           If the facility performs                              2011 final CBI determination notice
                                                           an ethanol production                                 include information on quantities and
                                                           processing operation as                               composition of raw materials used in
                                                           defined in Sec.   98.358                              the manufacturing processes and
                                                           of this subpart, you                                  information on quantities and
                                                           must indicate if the                                  compositions of manufactured products.
                                                           facility uses a wet                                   We are proposing that this data element
                                                           milling process or a dry                              is not CBI because this data element
                                                           milling process.                                      would not provide detailed insight into
                                                                                                                 the design and operation of the
                                                                                                                 facility's manufacturing processes raw
                                                                                                                 materials, or products that is
                                                                                                                 considered sensitive by reporters. This
                                                                                                                 data element indicates only that the
                                                                                                                 facility uses wet and/or dry milling,
                                                                                                                 which is information that would be
                                                                                                                 available from the facility's
                                                                                                                 construction and Title V operating
                                                                                                                 permits. This data element combined
                                                                                                                 with the volume of wastewater entering
                                                                                                                 the treatment plant (reported under 40
                                                                                                                 CFR 98.356(b)(2)) provides information
                                                                                                                 on the quantities of wastewater
                                                                                                                 generated by wet and dry milling
                                                                                                                 activities. However, this information
                                                                                                                 does not provide insight into any
                                                                                                                 sensitive information, such as the
                                                                                                                 amount of grain processed through the
                                                                                                                 wet and dry milling processes, the
                                                                                                                 amount of ethanol produced, plant
                                                                                                                 production efficiency, or production
                                                                                                                 costs.
RR................................  98.446(g) (new).....  Whether the CO2 stream is  Not CBI..................  This data element would identify whether
                                                           being injected into                                   a facility is performing enhanced oil
                                                           subsurface geologic                                   recovery. We are proposing that this
                                                           formations to enhance                                 data element is not CBI because this
                                                           the recovery of oil or                                data element does not reveal any
                                                           natural gas.                                          significant details regarding the
                                                                                                                 activities at the facility, the
                                                                                                                 quantities of CO2 received, or the CO2
                                                                                                                 utilization rates of the facility
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 2580]]

 
 Data Elements Proposed to be Assigned to the ``Unit/Process `Operating' Characteristics That Are Not Inputs to Emission Equations'' Direct Emitter Data
                                                                        Category
--------------------------------------------------------------------------------------------------------------------------------------------------------
F.................................  98.66(c)(2) (new)...  The following PFC-         CBI......................  While the proposed new data elements
                                                           specific information on                               share characteristics with data
                                                           an annual basis: Anode                                elements previously assigned to the
                                                           effect minutes per cell-                              ``Production/Throughput Data that are
                                                           day (AE-mins/cell-day),                               Not Inputs to Equations'' data
                                                           anode effect frequency                                categories, we have determined that
                                                           (AE/cell-day), anode                                  they do not share the same
                                                           effect duration                                       characteristics or confidentiality
                                                           (minutes). (Or anode                                  status as the data elements already
                                                           effect overvoltage                                    assigned to this data category. These
                                                           factor ((kg CF4/metric                                data elements are not inputs to
                                                           ton Al)/(mV/cell day)),                               emissions equations. Annual anode
                                                           potline overvoltage (mV/                              effect minutes per cell day, anode
                                                           cell day), current                                    effect frequency, anode effect duration
                                                           efficiency (%).).                                     (or annual anode effect overvoltage
                                                                                                                 factor, potline overvoltage, and
                                                                                                                 current efficiency) describe operating
                                                                                                                 characteristics associated with
                                                                                                                 aluminum production. Our review of
                                                                                                                 these data elements shows that they
                                                                                                                 qualify for confidential treatment. We
                                                                                                                 are proposing to classify annual
                                                                                                                 average anode effect minutes, anode
                                                                                                                 effect frequency, and anode effect
                                                                                                                 duration as CBI because these data
                                                                                                                 elements are an important measure of
                                                                                                                 process efficiency (which provides
                                                                                                                 insight into a firm's operational
                                                                                                                 strengths and weaknesses) and are not
                                                                                                                 otherwise publicly available.
S.................................  98.196(b)(21) (new).  Annual average results of  CBI......................  The proposed data elements describe the
                                                           chemical composition                                  material composition of the products
                                                           analysis of each type of                              manufactured. These values are not used
                                                           lime product produced                                 as inputs to emissions equations,
                                                           and calcined product or                               rather, they are annual average values
                                                           waste sold.                                           for the purposes of QA/QC of the
                                                                                                                 composition data used as inputs to the
                                                                                                                 emissions calculations. We are
                                                                                                                 proposing these data elements as CBI
                                                                                                                 because the reported data provides
                                                                                                                 information on the composition of lime
                                                                                                                 produced or raw material. Disclosing
                                                                                                                 information revealing a facility's
                                                                                                                 product compositions could give
                                                                                                                 competitors insight into a firm's local
                                                                                                                 and regional market conditions and
                                                                                                                 expansion plans, enabling competitors
                                                                                                                 to devise strategies to prevent
                                                                                                                 expansion and to steal market share in
                                                                                                                 specific locations.
X.................................  98.246(a)(14) (new).  Annual average of the      CBI......................  The proposed data elements describe the
                                                           measurements of the                                   carbon content and annually averaged
                                                           carbon content of each                                weight of feedstocks. This information
                                                           feedstock and product:                                could disclose a facility's feedstock
                                                           (i) For feedstocks and                                composition, which could provide
                                                           products that are                                     insight into its operational strengths
                                                           gaseous or solid, report                              and weaknesses, expose its competitive
                                                           this quantity in kg                                   and marketing strategies, or reveal its
                                                           carbon per kg of                                      suppliers and sourcing strategies.
                                                           feedstock or product.                                 Therefore, we are proposing that these
                                                          (ii) For liquid                                        data element qualify as CBI.
                                                           feedstocks and products,
                                                           report this quantity
                                                           either in units of kg
                                                           carbon per kg of
                                                           feedstock or production
                                                           or kg C per gallon of
                                                           feedstock or product..
X.................................  98.246(a)(15) (new).  For each gaseous           CBI                        ........................................
                                                           feedstock and product,
                                                           the annual average of
                                                           the measurements of
                                                           molecular weight in
                                                           units of kg per kg mole.

[[Page 2581]]

 
Y.................................  98.256(e)(6)          Annual mass of flare gas   Not CBI..................  The proposed data element, which
                                     (revised).            combusted (in kg/yr).                                 describes the annual mass of flare gas
                                                                                                                 combusted, is similar to: 40 CFR
                                                                                                                 98.256(e)(3) (description of flare gas
                                                                                                                 service) and 40 CFR 98.326(q) (annual
                                                                                                                 operating hours of gas collection
                                                                                                                 system), for which we have previously
                                                                                                                 assigned a ``Not CBI'' designation.
                                                                                                                 Descriptions of flare gas service are
                                                                                                                 not CBI. Describing the annual mass of
                                                                                                                 flare gas combusted during the
                                                                                                                 reporting year does not reveal any
                                                                                                                 confidential information because flares
                                                                                                                 are commonly used in the industry and
                                                                                                                 no detailed specifications are required
                                                                                                                 to be reported (see 75 FR 39113, July
                                                                                                                 7, 2010).
HH................................  98.346(i)(5)(iii)(B)  The annual operating       Not CBI..................  This data element describes the
                                     (revised).            hours where active gas                                operating characteristics of a
                                                           flow was sent to each                                 destruction device. Although the
                                                           destruction device.                                   proposed data element is similar to the
                                                                                                                 prior data element in 40 CFR
                                                                                                                 98.346(i)(5) ``Annual operating hours
                                                                                                                 for each destruction device associated
                                                                                                                 with a given measurement location,''
                                                                                                                 this data element reflects a separate
                                                                                                                 operating parameter. This data element
                                                                                                                 is not an input to an emissions
                                                                                                                 equation. We are proposing that this
                                                                                                                 data element is Not CBI. This data
                                                                                                                 element would not reveal any
                                                                                                                 information about landfill fees,
                                                                                                                 revenues, costs, or contracts. Such
                                                                                                                 information does not reveal any trade
                                                                                                                 secrets or other sensitive business
                                                                                                                 information regarding the design or
                                                                                                                 operation of an aeration system or the
                                                                                                                 landfill. Further, this type of data on
                                                                                                                 landfills is generally already publicly
                                                                                                                 available from the municipalities
                                                                                                                 operating landfills. We have therefore
                                                                                                                 concluded that the release of this data
                                                                                                                 will not cause substantial competitive
                                                                                                                 harm.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                Date Elements Proposed to be Assigned to the ``Production/Throughput Quantities and Composition'' Supplier Data Category
--------------------------------------------------------------------------------------------------------------------------------------------------------
OO................................  98.416(a)(1) (new)..  Mass in metric tons of     CBI......................  These data elements describe production
OO................................  98.416(a)(2) (new)..   each . . . fluorinated    CBI......................   and throughput quantities and product
                                                           HTF . . . produced at                                 compositions (including products
                                                           that facility by                                      produced, imported, or exported). These
                                                           process, except for                                   data elements are the same type of data
                                                           amounts that are                                      that must be reported for fluorinated
                                                           captured solely to be                                 GHGs, for which we have previously
                                                           shipped off site for                                  assigned a determination of CBI. The
                                                           destruction.                                          disclosure of annual production
                                                          Mass in metric tons of                                 quantities and composition of products
                                                           each . . . fluorinated                                (i.e., quantities sold and/or
                                                           HTF . . . transformed at                              delivered), could provide insight into
                                                           that facility, by                                     a firm's market strength and position.
                                                           process.                                              Disclosure of facility-level production/
                                                                                                                 throughput quantities and product
                                                                                                                 compositions could give competitors
                                                                                                                 insight into a firm's local and
                                                                                                                 regional market conditions and
                                                                                                                 expansion plans, enabling competitors
                                                                                                                 to devise strategies to prevent
                                                                                                                 expansion and to steal market share in
                                                                                                                 specific locations. Therefore, the EPA
                                                                                                                 proposes to determine that these data
                                                                                                                 elements are CBI.

[[Page 2582]]

 
OO................................  98.416(a)(3) (new)..  Mass in metric tons of .   CBI                        ........................................
                                                           . . fluorinated HTF that
                                                           is destroyed at that
                                                           facility and that was
                                                           previously produced as
                                                           defined at Sec.
                                                           98.410(b). Quantities to
                                                           be reported under this
                                                           paragraph (a)(3) of this
                                                           section include but are
                                                           not limited to
                                                           quantities that are
                                                           shipped to the facility
                                                           by another facility for
                                                           destruction and
                                                           quantities that are
                                                           returned to the facility
                                                           for reclamation but are
                                                           found to be
                                                           irretrievably
                                                           contaminated and are
                                                           therefore destroyed.
OO................................  98.416(a)(5) (new)..  Total mass in metric tons  CBI                        ........................................
                                                           of each . . .
                                                           fluorinated HTF . . .
                                                           sent to another facility
                                                           for transformation.
OO................................  98.416(a)(6) (new)..  Total mass in metric tons  CBI                        ........................................
                                                           of each . . .
                                                           fluorinated HTF sent to
                                                           another facility for
                                                           destruction, except . .
                                                           . fluorinated HTFs that
                                                           are not included in the
                                                           mass produced in Sec.
                                                           98.413(a) because they
                                                           are removed from the
                                                           production process as by-
                                                           products or other
                                                           wastes. Quantities to be
                                                           reported under this
                                                           paragraph (a)(6) could
                                                           include, for example,
                                                           fluorinated GHGs that
                                                           are returned to the
                                                           facility for reclamation
                                                           but are found to be
                                                           irretrievably
                                                           contaminated and are
                                                           therefore sent to
                                                           another facility for
                                                           destruction.
OO................................  98.416(a)(7) (new)..  Total mass in metric tons  CBI                        ........................................
                                                           of each . . .
                                                           fluorinated HTF that is
                                                           sent to another facility
                                                           for destruction and that
                                                           is not included in the
                                                           mass produced in Sec.
                                                           98.413(a) because it is
                                                           removed from the
                                                           production process as a
                                                           byproduct or other waste.
OO................................  98.416(a)(11) (new).  Mass in metric tons of .   CBI                        ........................................
                                                           . . fluorinated HTF that
                                                           is fed into the
                                                           destruction device and
                                                           that was previously
                                                           produced as defined at
                                                           Sec.   98.410(b).
                                                           Quantities to be
                                                           reported under this
                                                           paragraph (a)(11) of
                                                           this section include but
                                                           are not limited to
                                                           quantities that are
                                                           shipped to the facility
                                                           by another facility for
                                                           destruction and
                                                           quantities that are
                                                           returned to the facility
                                                           for reclamation but are
                                                           found to be
                                                           irretrievably
                                                           contaminated and are
                                                           therefore destroyed.

[[Page 2583]]

 
OO................................  98.416(a)(12) (new).  Mass in metric tons of .   CBI                        ........................................
                                                           . . fluorinated HTF . .
                                                           . that is measured
                                                           coming out of the
                                                           production process, by
                                                           process.
OO................................  98.416(a)(14) (new).  Quantities (metric tons)   CBI                        ........................................
                                                           of . . . of each . . .
                                                           fluorinated HTF that
                                                           were sent to each for
                                                           transformation.
OO................................  98.416(a)(15) (new).  Quantities (metric tons)   CBI                        ........................................
                                                           of each . . .
                                                           fluorinated HTF that
                                                           were sent to each for
                                                           destruction.
OO................................  98.416(c)(1) (new)..  Each bulk importer of . .  CBI                        ........................................
                                                           . fluorinated HTFs . . .
                                                           at the corporate level .
                                                           . . (1) Total mass in
                                                           metric tons of . . .
                                                           each . . . fluorinated
                                                           HTF imported in bulk,
                                                           including each . . .
                                                           fluorinated HTF
                                                           constituent of the . . .
                                                           fluorinated HTF product
                                                           that makes up between
                                                           0.5 percent and 100
                                                           percent of the product
                                                           by mass.
OO................................  98.416(c)(2) (new)..  Each bulk importer of . .  CBI                        ........................................
                                                           . fluorinated HTFs . . .
                                                           at the corporate level .
                                                           . . (2) Total mass in
                                                           metric tons of . . .
                                                           fluorinated HTF imported
                                                           in bulk and sold or
                                                           transferred to persons
                                                           other than the importer
                                                           for use in processes
                                                           resulting in the
                                                           transformation or
                                                           destruction of the
                                                           chemical.
OO................................  98.416(c)(6) (new)..  Each bulk importer of . .  CBI                        ........................................
                                                           . fluorinated HTFs . . .
                                                           at the corporate level .
                                                           . . (6) Commodity code
                                                           of the . . . fluorinated
                                                           HTFs . . . shipped.
OO................................  98.416(c)(8) (new)..  Each bulk importer of . .  CBI                        ........................................
                                                           . fluorinated HTFs . . .
                                                           at the corporate level .
                                                           . . (8) Total mass in
                                                           metric tons of each . .
                                                           . fluorinated HTF
                                                           destroyed by the
                                                           importer.
OO................................  98.416(c)(9) (new)..  Each bulk importer of . .  CBI                        ........................................
                                                           . fluorinated HTFs . . .
                                                           at the corporate level .
                                                           . . (9) Quantities of
                                                           fluorinated HTFs sold or
                                                           transferred to each
                                                           facilities for
                                                           transformation.
OO................................  98.416(c)(10) (new).  Each bulk importer of . .  CBI                        ........................................
                                                           . fluorinated HTFs . . .
                                                           at the corporate level .
                                                           . . (10) If applicable,
                                                           the quantities (metric
                                                           tons) of each . . .
                                                           fluorinated HTF that
                                                           were sold or transferred
                                                           to each facility for
                                                           destruction.

[[Page 2584]]

 
OO................................  98.416(d)(1) (new)..  Each bulk exporter of      CBI                        ........................................
                                                           fluorinated GHGs,
                                                           fluorinated HTFs, or
                                                           nitrous oxide . . . at
                                                           the corporate level . .
                                                           . (1) Total mass in
                                                           metric tons of . . .
                                                           each . . . fluorinated
                                                           HTF exported in bulk.
OO................................  98.416(d)(4) (new)..  Each bulk exporter of      CBI                        ........................................
                                                           fluorinated GHGs,
                                                           fluorinated HTFs, or
                                                           nitrous oxide . . . at
                                                           the corporate level . .
                                                           . (4) Commodity code of
                                                           the . . . fluorinated
                                                           HTFs . . . shipped.
OO................................  98.416(i) (new).....  . . . quantities that are  CBI                        ........................................
                                                           shipped to the facility
                                                           by another facility for
                                                           destruction and
                                                           quantities that are
                                                           returned to the facility
                                                           for reclamation but are
                                                           found to be
                                                           irretrievably
                                                           contaminated and are
                                                           therefore destroyed.
OO................................  98.416(j) (new).....   . . . the identities or   CBI                        ........................................
                                                           concentrations of the
                                                           fluorinated HTF or
                                                           fluorinated GHG
                                                           constituents of a
                                                           fluorinated HTF product
                                                           have changed, then the
                                                           new or changed
                                                           concentrations . ..
--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Data Elements Proposed To Be Assigned to the ``Unit/Process Operating Characteristics'' Supplier Data Category
--------------------------------------------------------------------------------------------------------------------------------------------------------
OO................................  98.416(b)(1) (new)..  Any facility that          Not CBI                    The proposed data elements, which apply
                                                           destroys . . .                                        to fluorinated HTFs, are the same type
                                                           fluorinated HTFs shall                                of data that must be reported for
                                                           submit: (1) Destruction                               fluorinated GHGs, for which we have
                                                           efficiency (DE).                                      previously assigned a determination of
                                                                                                                 not CBI. The EPA previously determined
                                                                                                                 that the destruction efficiency of each
                                                                                                                 fluorinated GHG destruction unit, the
                                                                                                                 chemical identity of the fluorinated
                                                                                                                 GHG(s) used in the performance test
                                                                                                                 conducted to determine the destruction
                                                                                                                 efficiency, and the name of all
                                                                                                                 applicable federal and state
                                                                                                                 regulations that may apply to the
                                                                                                                 destruction process are not CBI. The
                                                                                                                 proposed data elements do not reveal
                                                                                                                 sensitive business information about
                                                                                                                 the process, nor do they reveal the
                                                                                                                 technology used for fluorinated GHG
                                                                                                                 destruction, or the operating
                                                                                                                 conditions for a particular technology.
OO................................  98.416(b)(4) (new)..  Any facility that          Not CBI                    ........................................
                                                           destroys . . .
                                                           fluorinated HTFs shall
                                                           submit: (4) Chemical
                                                           identity of the
                                                           fluorinated GHG(s) used
                                                           in the performance test
                                                           conducted to determine
                                                           DE.
OO................................  98.416(b)(5) (new)..  Any facility that          Not CBI                    ........................................
                                                           destroys . . .
                                                           fluorinated HTFs shall
                                                           submit: (5) Name of all
                                                           applicable federal or
                                                           state regulations that
                                                           may apply to the
                                                           destruction process.

[[Page 2585]]

 
OO................................  98.416(c)(3) (new)..  Each bulk importer of . .  CBI                        These data elements describe the dates
                                                           . fluorinated HTFs . . .                              of import and export shipments, and the
                                                           at the corporate level .                              ports of entry or exit. The proposed
                                                           . . (3) Date on which                                 data elements, which apply to
                                                           the . . . fluorinated                                 fluorinated HTFs, are the same type of
                                                           HTFs . . . were imported.                             data that must be reported for
                                                                                                                 fluorinated GHGs, for which we have
                                                                                                                 previously assigned a determination of
                                                                                                                 CBI. Release of these data elements to
                                                                                                                 the public could allow competitors to
                                                                                                                 link customs records on quantities and
                                                                                                                 product composition with the import and
                                                                                                                 export data reported under Part 98,
                                                                                                                 thus allowing competitors to determine
                                                                                                                 market share and devise marketing
                                                                                                                 strategies to undermine or weaken a
                                                                                                                 competitor's position. Because
                                                                                                                 disclosure of these data elements is
                                                                                                                 likely to cause harm, we have
                                                                                                                 determined that these data elements
                                                                                                                 qualify as CBI.
OO................................  98.416(c)(4) (new)..  Each bulk importer of . .  CBI                        ........................................
                                                           . fluorinated HTFs . . .
                                                           at the corporate level .
                                                           . . (4) Port of entry
                                                           through which the . . .
                                                           fluorinated HTFs . . .
                                                           passed
OO................................  98.416(d)(5) (new)..  Each bulk exporter of      CBI                        ........................................
                                                           fluorinated GHGs,
                                                           fluorinated HTFs . . .
                                                           at the corporate level .
                                                           . . (5) Date on which,
                                                           and the port from which,
                                                           the . . . fluorinated
                                                           HTFs . . . were exported
                                                           from the United States
                                                           or its territories
OO................................  98.416(j) (new).....  If . . . identities or     Not CBI                    The proposed data elements, which apply
                                                           concentrations of the                                 to fluorinated HTFs, are the same type
                                                           fluorinated HTF or                                    of data that must be reported for
                                                           fluorinated GHG                                       fluorinated GHGs under 40 CFR
                                                           constituents of a                                     98.416(f), for which we have previously
                                                           fluorinated HTF product                               assigned a determination of not CBI.
                                                           have changed, the date                                The date on which changes were made to
                                                           of the change . . .                                   the composition of a fluorinated HTF
                                                                                                                 product does not disclose the actual
                                                                                                                 composition of the product, the raw
                                                                                                                 materials used to make the product, the
                                                                                                                 method of manufacture, or the
                                                                                                                 efficiency of the manufacturing
                                                                                                                 process. Therefore, we are proposing
                                                                                                                 that this data element is not CBI.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We are proposing to assign one revised data element in subpart Z 
(Phosphoric Acid Production) to the ``Unit/Process `Static' 
Characteristics that are Not Inputs to Emissions Equation Category'' 
but are not making a confidentiality determination for this data 
element. The provision 40 CFR 98.266(f)(3) requires reporting the 
annual phosphoric acid production capacity (tons) for each wet-process 
phosphoric acid process line (metric tons). The EPA reviewed the 
available capacity information and determined that the situation may 
vary for individual facilities. While the production capacity data 
elements are generally publicly available through construction and 
Title V permits, there may be facilities where these data are not 
public. Further, the information publicly available for facilities may 
not necessarily be the same as the data elements required under Part 
98. For example, capacity data available in the Title V permit may be a 
plant-wide throughput capacity rather than the capacity of the 
individual process line reported under Part 98. For this reason, we 
have decided not to make a confidentiality determination for this 
revised data element, but instead determinations for this data element 
will be made on a case-by-case basis. This decision not to propose a 
determination for this data element is consistent with our treatment of 
other capacity data (e.g., capacity of process lines or production 
units) (see 2011 Final CBI Rule).
    We are also proposing to make an individual confidentiality 
determination for one data element in subpart FF without assigning it 
to a data category. While our general approach for making 
confidentiality determination is to assign each data element to a data 
category and apply the categorical confidentiality determination where 
one has been made, we are not doing so here for the following reason. 
The data element at issue is in provision 40 CR 98.326(u), which 
requires the annual coal production in short tons for the reporting 
year. The proposed data element shares characteristics with data 
elements previously assigned to the

[[Page 2586]]

``Production/Throughput Data that are Not Inputs to Equations'' data 
category, which the EPA has categorically determined to be CBI. 
However, unlike data elements assigned to that data category, the 
proposed data element is publicly available and therefore does not 
qualify as CBI. Coal production data are currently published quarterly 
and annually by MSHA and annually by the EIA.\30\ We are therefore not 
assigning this proposed data element to the ``Production/Throughput 
Data that are Not Inputs to Equations'' data category. Because these 
data are already publically available, we are proposing a determination 
of ``Not CBI.''
---------------------------------------------------------------------------

    \30\ MSHA Mine Data Retrieval System (MDRS) (available at: 
http://www.msha.gov/drs/drshome.htm) and U.S. Department of Energy, 
Energy Information Administration Mine Level Data (available at: 
http://www.eia.gov/beta/coal/data/browser/#/topic/38?agg=1,0&rank=g&geo=g0000000000003ms&mntp=g&freq=A&start=2001&end=2012&ctype=linechart&ltype=pin&rtype=b&rse=0&pin=&maptype=0)
---------------------------------------------------------------------------

D. Proposed Confidentiality Determinations for Other Part 98 Data 
Reporting Elements for Which No Determination has Been Previously 
Established

    We are proposing categorical determinations for 22 data elements 
currently in subparts I, Z, MM, and RR for which no determination has 
been previously proposed or finalized under Part 98, as well as for 
three data elements that were proposed to be included in subpart PP in 
the finalized EGU NSPS. For subpart I, the affected data element was 
revised in final subpart I rule amendments on November 13, 2013 (78 FR 
68162) following public comment. In this case, the EPA had not proposed 
a confidentiality determination for the revised data element and 
therefore did not finalize a determination in the final rule. For 
subpart Z, we are proposing to clarify the original determination for a 
data element in which it is unclear how to apply the final 
determination assigned in the 2011 Final CBI Rule. For subpart MM, we 
are proposing a determination for one data element where the EPA 
inadvertently failed to finalize a determination in the 2013 Revisions 
Rule. We are proposing confidentiality determinations for three data 
elements in subpart PP which were added to Part 98 in the EGU NSPS. 
Finally, we are proposing confidentiality determinations for 16 data 
elements in subpart RR. In the 2012 Final CBI Determinations Rule (77 
FR 48072, August 13, 2012), we did not finalize a confidentiality 
determination for these data elements, which relate to facility-level 
and flow meter-level quantities of CO2 received onsite, because the 
sensitivity of these data elements was dependent on whether the 
reporter conducted enhanced oil and gas recovery (ER) activities or 
non-ER activities. In this action, we are proposing to require that 
facilities report whether they are conducting ER activities. As such, 
the proposed amendments would allow the submitted reports to indicate 
that the facility is conducting ER activities and therefore would allow 
for categorical confidentiality determinations for these data elements.
    Of these data elements, we are proposing to assign one data element 
in subpart MM to the ``Amount and Composition of Materials Received'' 
supplier data category, which has a categorical confidentiality 
determination of CBI. We are proposing to assign the remaining data 
elements in subparts I, Z, PP, and RR to the ``Unit/Process `Operating' 
Characteristics that Are Not Inputs to Emission Equations'' and ``Unit/
Process `Static' Characteristics that Are Not Inputs to Emission 
Equations'' direct emitter data categories and the ``Production/
Throughput Quantities and Composition'' supplier data categories, and 
are proposing individual confidentiality determinations for these data 
elements. For 16 data elements in subpart RR, we are proposing separate 
determinations for each data element for facilities conducting ER 
operations and facilities conducting non-ER operations.
    Table 8 of this preamble provides the category assignment and 
proposed rationale for the proposed determinations for the existing 
data elements in subparts I, Z, MM, PP, and RR.

[[Page 2587]]



                     Table 8--Proposed CBI Determinations for Other Data Elements in Part 98
                                         [Subparts I, Z, MM, PP, and RR]
----------------------------------------------------------------------------------------------------------------
                                                                                             Rationale for the
            Subpart              Citation in 40        Data element       Confidentiality       proposed CBI
                                   CFR part 98                             Determination       determination
----------------------------------------------------------------------------------------------------------------
   Data Elements Proposed to be Assigned to the ``Unit/Process `Static' Characteristics that Are Not Inputs to
                                Emission Equations'' Direct Emitter Data Category
----------------------------------------------------------------------------------------------------------------
I.............................  98.96(a)........  Annual manufacturing   CBI.............  The EPA revised this
                                                   capacity of each fab                     data element in the
                                                   at your facility                         final rule published
                                                   used to determine                        on November 13, 2013
                                                   the annual                               (78 FR 68162), to
                                                   manufacturing                            apply at the fab
                                                   capacity of your                         level instead of at
                                                   facility in Equation                     the facility level
                                                   I-5 of this subpart.                     to be consistent
                                                                                            with other revised
                                                                                            data reporting
                                                                                            requirements, but
                                                                                            did not make a
                                                                                            proposed or final
                                                                                            confidentiality
                                                                                            determination for
                                                                                            the revised data
                                                                                            element in the final
                                                                                            rule. The EPA is now
                                                                                            proposing to revise
                                                                                            the confidentiality
                                                                                            determination for
                                                                                            this data element,
                                                                                            and to consider it
                                                                                            as CBI. This data
                                                                                            element describes
                                                                                            the annual product
                                                                                            production capacity
                                                                                            of individual fabs,
                                                                                            and could cause
                                                                                            competitive harm if
                                                                                            released.
                                                                                            Specifically, this
                                                                                            data element could
                                                                                            provide insight into
                                                                                            facility operating
                                                                                            practices that are
                                                                                            considered sensitive
                                                                                            by the reporter and
                                                                                            could provide a
                                                                                            competitor with a
                                                                                            competitive
                                                                                            advantage over other
                                                                                            facilities.
                                                                                            Additional
                                                                                            information provided
                                                                                            by industry
                                                                                            indicates that this
                                                                                            data element is
                                                                                            closely guarded and
                                                                                            protected by nearly
                                                                                            all industry members
                                                                                            as sensitive
                                                                                            business
                                                                                            information.
Z.............................  98.266(a).......  Origin of the          CBI.............  In the ``Final Data
                                                   phosphate rock.                          Category Assignments
                                                                                            and Confidentiality
                                                                                            Determinations for
                                                                                            Part 98 Reporting
                                                                                            Elements''
                                                                                            memorandum issued
                                                                                            April 29, 2011, we
                                                                                            categorized the
                                                                                            subpart Z data
                                                                                            element ``Annual
                                                                                            phosphoric acid
                                                                                            production by origin
                                                                                            of the phosphate
                                                                                            rock'' at 40 CFR
                                                                                            98.266(a) to be
                                                                                            production/
                                                                                            throughput data that
                                                                                            are not inputs to
                                                                                            emission equations,
                                                                                            and therefore
                                                                                            considered to be
                                                                                            confidential
                                                                                            business
                                                                                            information. To
                                                                                            clarify this
                                                                                            determination, we
                                                                                            are proposing to
                                                                                            specify that both
                                                                                            the annual
                                                                                            phosphoric acid
                                                                                            production and the
                                                                                            origin of the
                                                                                            phosphate rock are
                                                                                            both considered to
                                                                                            be confidential
                                                                                            business
                                                                                            information. This
                                                                                            data element
                                                                                            describes operating
                                                                                            parameters related
                                                                                            to the operating
                                                                                            processes at the
                                                                                            facility and is
                                                                                            assigned to the
                                                                                            ``Unit/Process
                                                                                            'Operating'
                                                                                            Characteristics That
                                                                                            are Not Inputs to
                                                                                            Emission Equations''
                                                                                            data category. We
                                                                                            are proposing that
                                                                                            this data element is
                                                                                            CBI because the data
                                                                                            element could reveal
                                                                                            information on the
                                                                                            source and
                                                                                            composition of raw
                                                                                            materials used in
                                                                                            the manufacturing
                                                                                            processes, which
                                                                                            could provide
                                                                                            insight into the
                                                                                            facility's raw
                                                                                            material suppliers,
                                                                                            production costs and
                                                                                            manufacturing
                                                                                            processes.
----------------------------------------------------------------------------------------------------------------

[[Page 2588]]

 
 Data Elements Proposed to be Assigned to the ``Unit/Process `Operating' Characteristics that Are Not Inputs to
                                Emission Equations'' Direct Emitter Data Category
----------------------------------------------------------------------------------------------------------------
I.............................  98.96(q)(2).....  For all abatement      Not CBI.........  In the final rule
                                                   systems through                          amendments published
                                                   which fluorinated                        on November 13, 2013
                                                   GHGs or N2O flow at                      (78 FR 68162), the
                                                   your facility, for                       EPA revised 40 CFR
                                                   which you are                            98.96(q) into four
                                                   reporting controlled                     paragraphs and added
                                                   emissions, the                           paragraphs (q)(2) to
                                                   following:                               (q)(4) to address
                                                  (2) If you use                            comments received on
                                                   default destruction                      the proposal related
                                                   or removal                               to abatement
                                                   efficiency values in                     systems. However,
                                                   your emissions                           because the EPA
                                                   calculations under                       proposed no
                                                   Sec.   98.93(a),                         confidentiality
                                                   (b), or (i),                             determination for
                                                   certification that                       these three new
                                                   the site maintenance                     paragraphs, the EPA
                                                   plan for abatement                       made no final CBI
                                                   systems for which                        determination. These
                                                   emissions are being                      data elements are
                                                   reported contains                        similar to data
                                                   manufacturer's                           element 40 CFR
                                                   recommendations and                      98.96(q)(1). For 40
                                                   specifications for                       CFR 98.96(q)(1), the
                                                   installation,                            EPA made a final
                                                   operation, and                           determination that
                                                   maintenance for each                     this data element
                                                   abatement system.                        should be in the
                                                                                            category for ``Unit/
                                                                                            Process 'Operating'
                                                                                            Characteristics That
                                                                                            are Not Inputs to
                                                                                            Emission Equations''
                                                                                            and that that this
                                                                                            data element was not
                                                                                            CBI. Similar to 40
                                                                                            CFR 98.96(q)(1),
                                                                                            paragraphs (q)(2) to
                                                                                            (q)(4) are
                                                                                            certification
                                                                                            statements that do
                                                                                            not provide detailed
                                                                                            information on
                                                                                            sensitive business
                                                                                            information of a
                                                                                            competitive nature.
                                                                                            Moreover, the EPA
                                                                                            certification
                                                                                            statements are the
                                                                                            same language in 40
                                                                                            CFR 98.96(q)(2)
                                                                                            through (4) and do
                                                                                            not include any
                                                                                            facility- or process-
                                                                                            specific information
                                                                                            that could be
                                                                                            considered
                                                                                            exclusive.
                                                                                            Therefore, the EPA
                                                                                            is proposing that
                                                                                            these three data
                                                                                            elements should also
                                                                                            be assigned to the
                                                                                            category for ``Unit/
                                                                                            Process 'Operating'
                                                                                            Characteristics That
                                                                                            are Not Inputs to
                                                                                            Emission
                                                                                            Equations,'' and the
                                                                                            EPA is proposing
                                                                                            that these three
                                                                                            data elements also
                                                                                            be classified as
                                                                                            ``not CBI.''
I.............................  98.96(q)(3).....  For all abatement      Not CBI.........
                                                   systems through
                                                   which fluorinated
                                                   GHGs or N2O flow at
                                                   your facility, for
                                                   which you are
                                                   reporting controlled
                                                   emissions, the
                                                   following:
                                                  (3) If you use
                                                   default destruction
                                                   or removal
                                                   efficiency values in
                                                   your emissions
                                                   calculations under
                                                   Sec.   98.93(a),
                                                   (b), and/or (i),
                                                   certification that
                                                   the abatement
                                                   systems for which
                                                   emissions are being
                                                   reported were
                                                   specifically
                                                   designed for
                                                   fluorinated GHG or
                                                   N2O abatement, as
                                                   applicable. You must
                                                   support this
                                                   certification by
                                                   providing abatement
                                                   system supplier
                                                   documentation
                                                   stating that the
                                                   system was designed
                                                   for fluorinated GHG
                                                   or N2O abatement, as
                                                   applicable.
I.............................  98.96(q)(4).....  For all abatement      Not CBI.........
                                                   systems through
                                                   which fluorinated
                                                   GHGs or N2O flow at
                                                   your facility, for
                                                   which you are
                                                   reporting controlled
                                                   emissions, the
                                                   following:
                                                  (4) For all stack
                                                   systems for which
                                                   you calculate
                                                   fluorinated GHG
                                                   emissions according
                                                   to the procedures
                                                   specified in Sec.
                                                   98.93(i)(3),
                                                   certification that
                                                   you have included
                                                   and accounted for
                                                   all abatement
                                                   systems and any
                                                   respective downtime
                                                   in your emissions
                                                   calculations under
                                                   Sec.   98.93(i)(3).

[[Page 2589]]

 
   Data Elements Proposed to be Assigned to the ``Amount and Composition of Materials Received'' Supplier Data
                                                    Category
----------------------------------------------------------------------------------------------------------------
MM............................  98.396(a)(20)...  For all crude oil      CBI.............  In rule amendments
                                                   that enters the                          published on
                                                   refinery, report the                     November 29, 2013
                                                   annual quantity in                       (78 FR 71904), we
                                                   barrels.                                 revised this data
                                                                                            element from ``the
                                                                                            batch volume of
                                                                                            crude oil that
                                                                                            enters the refinery
                                                                                            in barrels'' to
                                                                                            ``the annual
                                                                                            quantity of crude
                                                                                            oil that enters the
                                                                                            refinery in
                                                                                            barrels.'' However,
                                                                                            we did not make a
                                                                                            confidentiality
                                                                                            determination for
                                                                                            this revised data
                                                                                            element at that
                                                                                            time. We are
                                                                                            proposing that the
                                                                                            revised data element
                                                                                            be assigned to the
                                                                                            ``Amount and
                                                                                            Composition of
                                                                                            Materials Received''
                                                                                            category, which has
                                                                                            a categorical
                                                                                            confidentiality
                                                                                            determination of
                                                                                            CBI.
----------------------------------------------------------------------------------------------------------------
 Data Elements Proposed to be Assigned to the ``Production/Throughput Quantities and Composition'' Supplier Data
                                                    Category
----------------------------------------------------------------------------------------------------------------
PP............................  98.426(h)(1)....  If you capture a CO2   Not CBI.........  This data element
                                                   stream from an                           identifies subpart D
                                                   electricity                              facilities that
                                                   generating unit that                     transfer CO2 to any
                                                   is subject to                            facilities that are
                                                   subpart D of this                        subject to subpart
                                                   part and transfer                        RR of this part.
                                                   CO2 to any                               This information
                                                   facilities that are                      does not reveal any
                                                   subject to subpart                       significant details
                                                   RR of this part, you                     regarding production
                                                   must report the                          or production and
                                                   facility                                 import/export data
                                                   identification                           that may be
                                                   number associated                        considered CBI.
                                                   with the annual GHG                      Therefore, we are
                                                   report for the                           proposing that this
                                                   subpart D facility.                      data element is not
                                                                                            CBI.
PP............................  98.426(h)(2)....  If you capture a CO2   Not CBI.........  This data element
                                                   stream from an                           identifies subpart
                                                   electricity                              RR facilities to
                                                   generating unit that                     which CO2 streams
                                                   is subject to                            are transferred from
                                                   subpart D of this                        subpart PP. This
                                                   part and transfer                        information does not
                                                   CO2 to any                               reveal any
                                                   facilities that are                      significant details
                                                   subject to subpart                       regarding production
                                                   RR of this part, you                     or production and
                                                   must report each                         import/export data
                                                   facility                                 that may be
                                                   identification                           considered CBI.
                                                   number associated                        Therefore, we are
                                                   with the annual GHG                      proposing that this
                                                   reports for each                         data element is not
                                                   subpart RR facility                      CBI.
                                                   to which CO2 is
                                                   transferred.
PP............................  98.426(h)(3)....  If you capture a CO2   Not CBI.........  This data element
                                                   stream from an                           describes the
                                                   electricity                              quantity of CO2 that
                                                   generating unit that                     is captured at an
                                                   is subject to                            electric generating
                                                   subpart D of this                        unit that is subject
                                                   part and transfer                        to subpart D and
                                                   CO2 to any                               transferred to
                                                   facilities that are                      subpart RR
                                                   subject to subpart                       facilities. This
                                                   RR of this part, you                     information does not
                                                   must report the                          reveal any
                                                   annual quantity of                       significant details
                                                   CO2 in metric tons                       regarding production
                                                   that is transferred                      or production and
                                                   to each subpart RR                       import/export data
                                                   facility.                                that may be
                                                                                            considered CBI.
                                                                                            Therefore, we are
                                                                                            proposing that this
                                                                                            data element is not
                                                                                            CBI.
RR............................  98.446(a)(1)....  For enhanced oil and   CBI.............  We are proposing that
                                                   gas recovery (ER)                        these data elements
                                                   Activities: If you                       are CBI when
                                                   receive CO2 by                           reported by
                                                   pipeline, report the                     facilities
                                                   following for each                       conducting enhanced
                                                   receiving flow                           oil or natural gas
                                                   meter: Total net                         recovery, on the
                                                   mass of CO2 received                     basis that they are
                                                   (metric tons)                            not publicly
                                                   annually.                                available and cannot
                                                                                            be derived from
                                                                                            publicly available
                                                                                            data. Further, the
                                                                                            EPA has previously
                                                                                            determined for
                                                                                            subpart UU that the
                                                                                            quantities of CO2
                                                                                            reported as received
                                                                                            by specific ER
                                                                                            facilities could
                                                                                            enable CO2 suppliers
                                                                                            and pipeline
                                                                                            transportation
                                                                                            companies to use the
                                                                                            information to their
                                                                                            advantage in price
                                                                                            negotiations on
                                                                                            future contracts
                                                                                            with the CO2
                                                                                            purchasers, which
                                                                                            would lead to an
                                                                                            economic
                                                                                            disadvantage for
                                                                                            these facilities.
RR............................  98.446(a)(2)(i).  For ER Activities: If  CBI.............
                                                   a volumetric flow
                                                   meter is used to
                                                   receive CO2 report
                                                   the following unless
                                                   you reported yes to
                                                   Sec.   98.446(a)(4):
                                                   Volumetric flow
                                                   through a receiving
                                                   flow meter at
                                                   standard conditions
                                                   (in standard cubic
                                                   meters) in each
                                                   quarter.

[[Page 2590]]

 
RR............................  98.446(a)(2)(ii)  For ER Activities: If  CBI.............
                                                   a volumetric flow
                                                   meter is used to
                                                   receive CO2 report
                                                   the following unless
                                                   you reported yes to
                                                   Sec.   98.446(a)(4):
                                                   The volumetric flow
                                                   through a receiving
                                                   flow meter that is
                                                   redelivered to
                                                   another facility
                                                   without being
                                                   injected into your
                                                   well (in standard
                                                   cubic meters) in
                                                   each quarter.
RR............................  98.446(a)(2)(iii  For ER Activities: If  CBI.............
                                 ).                a volumetric flow
                                                   meter is used to
                                                   receive CO2 report
                                                   the following unless
                                                   you reported yes to
                                                   Sec.   98.446(a)(4):
                                                   CO2 concentration in
                                                   the flow (volume
                                                   percent CO2
                                                   expressed as a
                                                   decimal fraction) in
                                                   each quarter.
RR............................  98.446(a)(3)(i).  For ER Activities: If  CBI.............
                                                   a mass flow meter is
                                                   used to receive CO2
                                                   report the following
                                                   unless you reported
                                                   yes to Sec.
                                                   98.446(a)(4): The
                                                   mass flow through a
                                                   receiving flow meter
                                                   (in metric tons) in
                                                   each quarter.
RR............................  98.446(a)(3)(ii)  For ER Activities: If  CBI.............
                                                   a mass flow meter is
                                                   used to receive CO2
                                                   report the following
                                                   unless you reported
                                                   yes to Sec.
                                                   98.446(a)(4): 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.
RR............................  98.446(a)(3)(iii  For ER Activities: If  CBI.............
                                 ).                a mass flow meter is
                                                   used to receive CO2
                                                   report the following
                                                   unless you reported
                                                   yes to Sec.
                                                   98.446(a)(4): The
                                                   CO2 concentration in
                                                   the flow (weight
                                                   percent CO2
                                                   expressed as a
                                                   decimal fraction) in
                                                   each quarter.
RR............................  98.446(b)(1)....  For ER Activities: If  CBI.............
                                                   you receive CO2 in
                                                   containers, report:
                                                   The mass (in metric
                                                   tons) or volume at
                                                   standard conditions
                                                   (in standard cubic
                                                   meters) of contents
                                                   in containers in
                                                   each quarter.
RR............................  98.446(b)(2)....  For ER Activities: If  CBI.............
                                                   you receive CO2 in
                                                   containers:
                                                   Concentration of CO2
                                                   of contents in
                                                   containers (volume
                                                   or wt. % CO2
                                                   expressed as a
                                                   decimal fraction) in
                                                   each quarter.
RR............................  98.446(b)(3)....  For ER Activities: If  CBI.............
                                                   you receive CO2 in
                                                   containers, report:
                                                   The mass (in metric
                                                   tons) or volume (in
                                                   standard cubic
                                                   meters) of contents
                                                   in containers that
                                                   is redelivered to
                                                   another facility
                                                   without being
                                                   injected into your
                                                   well in each quarter.
RR............................  98.446(b)(4)....  For ER Activities: If  CBI.............
                                                   you receive CO2 in
                                                   containers: Net mass
                                                   of CO2 received
                                                   (metric tons)
                                                   annually.
RR............................  98.446(c).......  For ER Activities: If  CBI.............
                                                   you use more than
                                                   one receiving flow
                                                   meter: Total net
                                                   mass of CO2 received
                                                   (metric tons)
                                                   through all flow
                                                   meters annually.

[[Page 2591]]

 
RR............................  98.446(f)(4)(i).  For ER Activities: If  CBI.............  We are proposing that
                                                   the date specified                       these data elements,
                                                   in Sec.   98.446(e)                      which are related to
                                                   is during the                            the quantity of
                                                   reporting year for                       produced CO2
                                                   this annual report,                      measured at a
                                                   report the following                     separator meter, are
                                                   starting on the date                     CBI when reported by
                                                   specified in Sec.                        facilities
                                                   98.446(e): For each                      performing enhanced
                                                   separator flow meter                     oil and gas
                                                   (mass or                                 recovery.
                                                   volumetric), report                      Previously,
                                                   CO2 mass produced                        commenters have
                                                   (metric tons)                            noted31 that
                                                   annually.                                although some data
                                                                                            from ER wells is
                                                                                            publicly available,
                                                                                            the total mass of
                                                                                            produced CO2 by well
                                                                                            or within a field is
                                                                                            not already in the
                                                                                            public domain.
                                                                                            Publication of
                                                                                            produced CO2 data,
                                                                                            when coupled with
                                                                                            publicly available
                                                                                            information on oil
                                                                                            and gas production
                                                                                            by well, could
                                                                                            enable competitors
                                                                                            to calculate CO2
                                                                                            utilization rates
                                                                                            for both individual
                                                                                            wells and fields and
                                                                                            possibly track
                                                                                            changes in CO2
                                                                                            utilization over
                                                                                            time. This data
                                                                                            could be used to
                                                                                            gain insight into
                                                                                            production costs and
                                                                                            reservoir
                                                                                            performance, which
                                                                                            could result in
                                                                                            competitive harm.
RR............................  98.446(f)(4)(ii)  For ER Activities: If  CBI.............
                                                   the date specified
                                                   in Sec.   98.446(e)
                                                   is during the
                                                   reporting year for
                                                   this annual report,
                                                   report the following
                                                   starting on the date
                                                   specified in Sec.
                                                   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.
RR............................  98.446(f)(4)(iii  For ER Activities: If  CBI.............
                                 ).                the date specified
                                                   in Sec.   98.446(e)
                                                   is during the
                                                   reporting year for
                                                   this annual report,
                                                   report the following
                                                   starting on the date
                                                   specified in Sec.
                                                   98.446(e): If a
                                                   volumetric flow
                                                   meter is used,
                                                   volumetric flow rate
                                                   at standard
                                                   conditions (standard
                                                   cubic meters) in
                                                   each quarter.
RR............................  98.446(f)(4)(iv)  For ER Activities: If  CBI.............
                                                   the date specified
                                                   in Sec.   98.446(e)
                                                   is during the
                                                   reporting year for
                                                   this annual report,
                                                   report the following
                                                   starting on the date
                                                   specified in Sec.
                                                   98.446(e): If a mass
                                                   flow meter is used,
                                                   mass flow rate
                                                   (metric tons) in
                                                   each quarter.
RR............................  98.446(a)(1)....  For Non-ER             Not CBI.........  For non-ER
                                                   Activities: If you                       facilities, we are
                                                   receive CO2 by                           proposing that these
                                                   pipeline, report the                     data elements are
                                                   following for each                       not eligible for CBI
                                                   receiving flow                           treatment because
                                                   meter: Total net                         these data elements
                                                   mass of CO2 received                     are publicly
                                                   (metric tons)                            available or can be
                                                   annually.                                derived from
                                                                                            publicly available
                                                                                            data. These data can
                                                                                            be derived from
                                                                                            Underground
                                                                                            Injection Control
                                                                                            (UIC) permits, which
                                                                                            are issued for each
                                                                                            injection well by
                                                                                            the EPA or by states
                                                                                            that have assumed
                                                                                            primary enforcement
                                                                                            authority for
                                                                                            permitting Class II
                                                                                            injection wells.
                                                                                            Unlike ER
                                                                                            facilities, the CO2
                                                                                            received at non-ER
                                                                                            facilities is not
                                                                                            recycled and re-
                                                                                            injected. The amount
                                                                                            of CO2 received at
                                                                                            non-ER facilities is
                                                                                            equivalent to the
                                                                                            amount of CO2
                                                                                            injected (which is
                                                                                            reported per UIC
                                                                                            permit conditions).
                                                                                            Information related
                                                                                            to the permits is
                                                                                            reported to EPA or
                                                                                            States at least
                                                                                            annually and made
                                                                                            available to the
                                                                                            public upon request.
                                                                                            Because this
                                                                                            information is
                                                                                            publicly available,
                                                                                            the EPA finds that
                                                                                            disclosure of these
                                                                                            data elements is not
                                                                                            likely to cause
                                                                                            substantial
                                                                                            competitive harm to
                                                                                            reporters who
                                                                                            conduct non-ER
                                                                                            activities. The EPA
                                                                                            proposes to
                                                                                            determine that these
                                                                                            data elements are
                                                                                            not CBI.

[[Page 2592]]

 
RR............................  98.446(a)(2)(i).  For Non-ER             Not CBI.........
                                                   Activities: If a
                                                   volumetric flow
                                                   meter is used to
                                                   receive CO2 report
                                                   the following unless
                                                   you reported yes to
                                                   Sec.   98.446(a)(4):
                                                   Volumetric flow
                                                   through a receiving
                                                   flow meter at
                                                   standard conditions
                                                   (in standard cubic
                                                   meters) in each
                                                   quarter.
RR............................  98.446(a)(2)(ii)  For Non-ER             Not CBI.........
                                                   Activities: If a
                                                   volumetric flow
                                                   meter is used to
                                                   receive CO2 report
                                                   the following unless
                                                   you reported yes to
                                                   Sec.   98.446(a)(4):
                                                   The volumetric flow
                                                   through a receiving
                                                   flow meter that is
                                                   redelivered to
                                                   another facility
                                                   without being
                                                   injected into your
                                                   well (in standard
                                                   cubic meters) in
                                                   each quarter.
RR............................  98.446(a)(2)(iii  For Non-ER             Not CBI.........
                                 ).                Activities: If a
                                                   volumetric flow
                                                   meter is used to
                                                   receive CO2 report
                                                   the following unless
                                                   you reported yes to
                                                   Sec.   98.446(a)(4):
                                                   CO2 concentration in
                                                   the flow (volume
                                                   percent CO2
                                                   expressed as a
                                                   decimal fraction) in
                                                   each quarter.
RR............................  98.446(a)(3)(i).  For Non-ER             Not CBI.........
                                                   Activities: If a
                                                   mass flow meter is
                                                   used to receive CO2
                                                   report the following
                                                   unless you reported
                                                   yes to Sec.
                                                   98.446(a)(4): The
                                                   mass flow through a
                                                   receiving flow meter
                                                   (in metric tons) in
                                                   each quarter.
RR............................  98.446(a)(3)(ii)  For Non-ER             Not CBI.........
                                                   Activities: If a
                                                   mass flow meter is
                                                   used to receive CO2
                                                   report the following
                                                   unless you reported
                                                   yes to Sec.
                                                   98.446(a)(4): 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.
RR............................  98.446(a)(3)(iii  For Non-ER             Not CBI.........
                                 ).                Activities: If a
                                                   mass flow meter is
                                                   used to receive CO2
                                                   report the following
                                                   unless you reported
                                                   yes to Sec.
                                                   98.446(a)(4): The
                                                   CO2 concentration in
                                                   the flow (weight
                                                   percent CO2
                                                   expressed as a
                                                   decimal fraction) in
                                                   each quarter.
RR............................  98.446(b)(1)....  For Non-ER             Not CBI.........
                                                   Activities: If you
                                                   receive CO2 in
                                                   containers, report:
                                                   The mass (in metric
                                                   tons) or volume at
                                                   standard conditions
                                                   (in standard cubic
                                                   meters) of contents
                                                   in containers in
                                                   each quarter.
RR............................  98.446(b)(2)....  For Non-ER             Not CBI.........
                                                   Activities: If you
                                                   receive CO2 in
                                                   containers:
                                                   Concentration of CO2
                                                   of contents in
                                                   containers (volume
                                                   or wt. % CO2
                                                   expressed as a
                                                   decimal fraction) in
                                                   each quarter.
RR............................  98.446(b)(3)....  For Non-ER             Not CBI.........
                                                   Activities: If you
                                                   receive CO2 in
                                                   containers, report:
                                                   The mass (in metric
                                                   tons) or volume (in
                                                   standard cubic
                                                   meters) of contents
                                                   in containers that
                                                   is redelivered to
                                                   another facility
                                                   without being
                                                   injected into your
                                                   well in each quarter.
RR............................  98.446(b)(4)....  For Non-ER             Not CBI.........
                                                   Activities: If you
                                                   receive CO2 in
                                                   containers: Net mass
                                                   of CO2 received
                                                   (metric tons)
                                                   annually.
RR............................  98.446(c).......  For Non-ER             Not CBI.........
                                                   Activities: If you
                                                   use more than one
                                                   receiving flow
                                                   meter: Total net
                                                   mass of CO2 received
                                                   (metric tons)
                                                   through all flow
                                                   meters annually.

[[Page 2593]]

 
RR............................  98.446(f)(4)(i).  For Non-ER             Not CBI.........  For non-ER
                                                   Activities: If the                       facilities, we are
                                                   date specified in                        proposing that these
                                                   Sec.   98.446(e) is                      data elements are
                                                   during the reporting                     not eligible for CBI
                                                   year for this annual                     treatment because
                                                   report, report the                       these data elements
                                                   following starting                       are publicly
                                                   on the date                              available or can be
                                                   specified in Sec.                        derived from
                                                   98.446(e): For each                      publicly available
                                                   separator flow meter                     data. These data can
                                                   (mass or                                 be derived from UIC
                                                   volumetric), report                      permits, which are
                                                   CO2 mass produced                        issued for each
                                                   (metric tons)                            injection well by
                                                   annually.                                the EPA or by states
                                                                                            that have assumed
                                                                                            primary enforcement
                                                                                            authority for
                                                                                            permitting Class II
                                                                                            injection wells.
                                                                                            Unlike ER
                                                                                            facilities, the CO2
                                                                                            received at non-ER
                                                                                            facilities is not
                                                                                            recycled and re-
                                                                                            injected. The amount
                                                                                            of CO2 received at
                                                                                            non-ER facilities is
                                                                                            equivalent to the
                                                                                            amount of CO2
                                                                                            injected (which is
                                                                                            reported per UIC
                                                                                            permit conditions).
                                                                                            Information related
                                                                                            to the permits is
                                                                                            reported to EPA or
                                                                                            States at least
                                                                                            annually and made
                                                                                            available to the
                                                                                            public upon request.
                                                                                            Because this
                                                                                            information is
                                                                                            publicly available,
                                                                                            the EPA finds that
                                                                                            disclosure of these
                                                                                            data elements is not
                                                                                            likely to cause
                                                                                            substantial
                                                                                            competitive harm to
                                                                                            reporters who
                                                                                            conduct non-ER
                                                                                            activities. The EPA
                                                                                            proposes to
                                                                                            determine that these
                                                                                            data elements are
                                                                                            not CBI.
RR............................  98.446(f)(4)(ii)  For Non-ER             Not CBI.........
                                                   Activities: If the
                                                   date specified in
                                                   Sec.   98.446(e) is
                                                   during the reporting
                                                   year for this annual
                                                   report, report the
                                                   following starting
                                                   on the date
                                                   specified in Sec.
                                                   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.
RR............................  98.446(f)(4)(iii  For Non-ER             Not CBI.........
                                 ).                Activities: If the
                                                   date specified in
                                                   Sec.   98.446(e) is
                                                   during the reporting
                                                   year for this annual
                                                   report, report the
                                                   following starting
                                                   on the date
                                                   specified in Sec.
                                                   98.446(e): If a
                                                   volumetric flow
                                                   meter is used,
                                                   volumetric flow rate
                                                   at standard
                                                   conditions (standard
                                                   cubic meters) in
                                                   each quarter.
RR............................  98.446(f)(4)(iv)  For Non-ER             Not CBI.........
                                                   Activities: If the
                                                   date specified in
                                                   Sec.   98.446(e) is
                                                   during the reporting
                                                   year for this annual
                                                   report, report the
                                                   following starting
                                                   on the date
                                                   specified in Sec.
                                                   98.446(e): If a mass
                                                   flow meter is used,
                                                   mass flow rate
                                                   (metric tons) in
                                                   each quarter.
----------------------------------------------------------------------------------------------------------------

E. Proposed Revised Confidentiality Determination for Subpart NN Data 
Elements

    We are proposing revised confidentiality determinations for two 
existing data elements in subpart NN. Under subpart NN, local 
distribution companies report the volume of natural gas withdrawn from 
on-system storage and the annual volume of liquefied natural gas (LNG) 
withdrawn from storage and vaporized for delivery on the distribution 
system (40 CFR 98.406(b)(3)). The EPA previously assigned these data 
elements to the ``Amount and Composition of Materials Received'' 
category, which has a confidentiality determination of CBI. The EPA is 
proposing to change these data elements' status from CBI to non-CBI. 
These data elements are reported to the EPA by LDCs subject to subpart 
W of Part 98 (Petroleum and Natural Gas Systems) in addition to subpart 
NN. In support of a recent subpart W rulemaking (79 FR 70352, November 
25, 2014), review of publicly available data found that gas withdrawals 
from underground storage are reported to the EIA on form EIA-176 
(Annual Report of Natural and Supplemental Gas Supply and Disposition). 
As we noted in the proposed version of that rule, the EIA considers all 
information submitted on EIA-176 to be non-proprietary information and 
publishes the quantity of natural gas withdrawn from storage on their 
Web site. Data that are already in the public domain are not entitled 
to confidential treatment under the provisions in 40 CFR 2.208. Since 
the quantity of natural gas withdrawn from storage is publicly 
available, the EPA proposes to assign the confidentiality determination 
for 40 CFR 98.406(b)(3) to ``not CBI.''

F. Request for Comments on Proposed Category Assignments and 
Confidentiality Determinations

    For the CBI component of this rulemaking, we are soliciting comment 
on the following specific issues. We

[[Page 2594]]

specifically seek comment on the proposed data category assignment for 
each of the new and substantially revised data elements in the proposed 
amendments, for the existing data elements in subparts I, Z, MM, PP, 
and RR for which no determination was previously made, and the two data 
elements in subpart NN for which we are revising the prior 
confidentiality determination.
    If you believe that the EPA has improperly assigned certain new, 
substantially revised, or existing data elements in these subparts to 
any of the data categories established in the 2011 Final CBI Rule, 
please provide specific comments identifying which of the data elements 
may be wrongly assigned along with a detailed explanation of why you 
believe them to be incorrectly assigned and in which data category you 
believe they belong. In addition, if you believe that a data element 
should be assigned to one of the five categories that do not have a 
categorical confidentiality determination, please also provide specific 
comment along with detailed rationale and supporting information on 
whether such data element does or does not qualify as CBI. We also seek 
comment on the proposed confidentiality status of the new, 
substantially revised, or existing data elements in the direct emitter 
data categories ``Unit/Process `Operating' Characteristics that Are Not 
Inputs to Emission Equations'' and ``Unit/Process `Static' 
Characteristics that Are Not Inputs to Emission Equations'' and the 
supplier data categories ``Production/Throughput Quantities and 
Composition'' and ``Unit/Process Operating Characteristics.''
    By proposing confidentiality determinations prior to data reporting 
through this proposal and rulemaking process, we provide potential 
reporters an opportunity to submit comments, particularly comments 
identifying data they consider sensitive and their rationales and 
supporting documentation. This opportunity to submit comments is the 
same opportunity that is afforded to submitters of information in case-
by-case confidentiality determinations. In addition, it provides an 
opportunity to rebut the agency's proposed determinations prior to 
finalization. We will evaluate the comments on our proposed 
determinations, including claims of confidentiality and information 
substantiating such claims, before finalizing the confidentiality 
determinations. Please note that this will be reporters' only 
opportunity to substantiate a confidentiality claim. Upon finalizing 
the confidentiality determinations of the data elements identified in 
this rule, the EPA will release or withhold these data in accordance 
with 40 CFR 2.301, which contains special provisions governing the 
treatment of Part 98 data for which confidentiality determinations have 
been made through rulemaking.
    When submitting comments regarding the confidentiality 
determinations we are proposing in this action, please identify each 
individual proposed new, revised, or existing data element you do or do 
not consider to be CBI or emission data in your comments. Please 
explain specifically how the public release of that particular data 
element would or would not cause a competitive disadvantage to a 
facility. Discuss how this data element may be different from or 
similar to data that are already publicly available. Please submit 
information identifying any publicly available sources of information 
containing the specific data elements in question. Data that are 
already available through other sources would likely be found not to 
qualify for CBI protection. In your comments, please identify the 
manner and location in which each specific data element you identify is 
publicly available, including a citation. If the data are physically 
published, such as in a book, industry trade publication, or federal 
agency publication, provide the title, volume number (if applicable), 
author(s), publisher, publication date, and International Standard Book 
Number (ISBN) or other identifier. For data published on a Web site, 
provide the address of the Web site, the date you last visited the Web 
site and identify the Web site publisher and content author.
    If your concern is that competitors could use a particular data 
element to discern sensitive information, specifically describe the 
pathway by which this could occur and explain how the discerned 
information would negatively affect your competitive position. Describe 
any unique process or aspect of your facility that would be revealed if 
the particular proposed new or revised data element you consider 
sensitive were made publicly available. If the data element you 
identify would cause harm only when used in combination with other 
publicly available data, then describe the other data, identify the 
public source(s) of these data, and explain how the combination of data 
could be used to cause competitive harm. Describe the measures 
currently taken to keep the data confidential. Avoid conclusory and 
unsubstantiated statements, or general assertions regarding potential 
harm. Please be as specific as possible and include all information 
necessary for the EPA to evaluate your comments.

V. Impacts of the Proposed Amendments

    The EPA is proposing amendments to Part 98 that would streamline 
and improve implementation of the rule, improve the quality and 
consistency of the data collected under the rule, and clarify certain 
provisions. The proposed revisions are anticipated to increase burden 
in cases where the proposed amendments would expand current 
applicability, monitoring, or reporting, and are anticipated to 
decrease burden in cases where the proposed amendments would streamline 
Part 98 to remove notification or reporting requirements or simplify 
the data that must be reported. For most subparts, we are proposing 
both revisions that would result in an increase in burden and revisions 
that would result in a decrease in burden. In several cases, we are 
proposing changes where we anticipate a decrease in burden, but are 
unable to quantify this decrease. This conservative approach means that 
the impacts for this proposed rule generally reflect an increase in 
burden for most subparts. For example, as discussed in section II.C and 
II.K of this preamble, we are proposing amendments to add new reporting 
requirements to subpart E and subpart V to improve the quality of the 
data collected under the rule, as well as amendments that would 
streamline the rule by conditionally removing the annual approval 
request for an alternative method for determining N2O 
emissions currently required by reporters and the annual request 
approval by the EPA. The proposed changes for the annual approval 
request are anticipated to add flexibility for reporters and reduce the 
burden for subpart E and subpart V reporters using the alternative 
method. Additionally, we anticipate that the EPA burden required to 
review and approve the alternative methods would also be reduced. 
However, because the proposed changes would apply to an optional 
calculation method and are not required for compliance with Part 98, we 
have not included this reduction in burden in our analysis, and have 
only quantified the increase in burden associated with the proposed new 
reporting requirements.
    As discussed in section I.E of this preamble, we are proposing to 
implement these changes over reporting years 2016, 2017, and 2018 in 
order to stagger the implementation of these changes over time and 
provide time for needed software revisions. The burden has subsequently 
been determined

[[Page 2595]]

based on when the proposed revisions would be implemented in each year 
(e.g., the burden for RY2016 only reflects changes to subparts I 
(Electronics Manufacturing) and HH (Municipal Solid Waste Landfills), 
and related changes to subpart A (General Provisions)). One-time 
implementation costs would apply for certain revisions to applicability 
and monitoring provisions that would be finalized in RY2017 and RY2018; 
therefore, we have estimated costs through RY2019 to reflect the 
subsequent year costs incurred by industry. The incremental 
implementation costs for all subparts for each reporting year are 
summarized in Table 9 of this preamble. The estimated incremental 
burden is $2,049,478 for all proposed revisions implemented between 
RY2016 through RY2018, including $9,359 from revisions implemented in 
RY2016, $33,782 from revisions implemented in RY2017, and $2,006,337 
from revisions implemented in RY2018. The estimated annual burden is 
$1,081,830 per year following implementation of all changes. The 
incremental burden by subpart is shown in Table 10 of this preamble. 
One-time implementation costs are incorporated into first year costs, 
while subsequent year costs represent the annual burden that will be 
incurred in total by all impacted reporters.

                            Table 9--Incremental Burden for Reporting Years 2016-2019
                                                    [$/year]
----------------------------------------------------------------------------------------------------------------
           Cost summary                  2016            2017                   2018                   2019
----------------------------------------------------------------------------------------------------------------
First Year Costs..................       \a\$9,359         $25,650                 b c$1,972,555  ..............
----------------------------------------------------------------------------------------------------------------
                            Subsequent Year Annual Costs for Changes Implemented in:
----------------------------------------------------------------------------------------------------------------
2016..............................  ..............           8,132                         8,132        \a\9,359
2017..............................  ..............  ..............                        25,650          25,650
2018..............................  ..............  ..............  ............................       1,046,821
    Total Costs by Year (all                 9,359          33,782                     2,006,337    \a\1,081,830
     subparts)....................
----------------------------------------------------------------------------------------------------------------
\a\ Includes annual labor costs of $1,226 for reporting additional data elements for subpart I for a triennial
  report submitted once every three years.
\b\ Includes one-time implementation costs for new monitoring under subpart FF.
\c\ Includes one-time implementation costs for new reporters under subparts V and OO.


                                                                             Table 10--Incremental Burden by Subpart
                                                                                             [$2011]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Costs for additional           Costs for revisions to          Costs for revisions to                Total cost
                                                                             reporters                       reporting                 monitoring provisions     -------------------------------
                             Subpart                             ------------------------------------------------------------------------------------------------
                                                                                    Subsequent-                     Subsequent-                     Subsequent-     First-year      Subsequent-
                                                                    First-year         year         First-year         year         First-year         year                            year
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Changes Implemented in RY2016
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
I...............................................................              $0              $0          $1,226          \a\ $0              $0              $0          $1,226          \a\ $0
HH..............................................................               0               0           8,132           8,132               0               0           8,132           8,132
                                                                                                                                                 -----------------------------------------------
    Total Costs for Changes Implemented in RY2016...............  ..............  ..............  ..............  ..............  ..............           9,359           8,132
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Changes Implemented in RY2017
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
A...............................................................               0               0           4,906           4,906               0               0           4,906           4,906
C...............................................................               0               0          12,139          12,139               0               0          12,139          12,139
E...............................................................               0               0              10              10               0               0              10              10
F...............................................................               0               0              73              73               0               0              73              73
G...............................................................               0               0             228             228               0               0             228             228
N \b\...........................................................               0               0               0               0               0               0               0               0
O...............................................................               0               0             106             106               0               0             106             106
P \b\...........................................................               0               0               0               0               0               0               0               0
Q \b\...........................................................               0               0               0               0               0               0               0               0
S...............................................................               0               0             744             744               0               0             744             744
U \b\...........................................................               0               0               0               0               0               0               0               0
X...............................................................               0               0           1,074           1,074               0               0           1,074           1,074
Z...............................................................               0               0              40              40               0               0              40              40
AA \b\..........................................................               0               0               0               0               0               0               0               0
CC..............................................................               0               0              33              33               0               0              33              33
DD..............................................................               0               0           2,000           2,000               0               0           2,000           2,000
II..............................................................               0               0           2,562           2,562               0               0           2,562           2,562
LL \c\..........................................................               0               0             -17             -17               0               0             -17             -17
MM \b\..........................................................               0               0               0               0               0               0               0               0
NN..............................................................               0               0           1,752           1,752               0               0           1,752           1,752
PP \b\..........................................................               0               0               0               0               0               0               0               0
RR \d\..........................................................               0               0               0               0               0               0               0               0
TT \b\..........................................................               0               0               0               0               0               0               0               0
UU \b\..........................................................               0               0               0               0               0               0               0               0
                                                                                                                                                 -----------------------------------------------

[[Page 2596]]

 
    Total Costs for Changes Implemented in RY2017...............  ..............  ..............  ..............  ..............  ..............  ..............          25,650          25,650
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Changes Implemented in RY2018
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
V...............................................................          83,544          66,403             129             129               0               0          83,673          66,531
Y...............................................................               0               0           1,448           1,448               0               0           1,448           1,448
FF..............................................................               0               0           2,066           2,066       1,848,571         949,582       1,850,638         951,648
OO..............................................................          36,215          26,612             582             582               0               0          36,797          27,194
                                                                                                                                                 -----------------------------------------------
    Total Costs for Changes Implemented in RY2018...............  ..............  ..............  ..............  ..............  ..............  ..............       1,972,555       1,046,821
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
        Total (All Subparts)....................................         119,759          93,015          39,234          38,007       1,848,571         949,582       2,006,337       1,081,830
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Costs for subpart I include new data elements related to the triennial technology report required by Sec.   98.96(y). The first report must be submitted with RY2016 reports on March 31,
  2017 and every three years thereafter. For the purposes of estimating burden, the annual costs associated with the data elements were included in the total incremental estimates for RY2016
  and RY2019 (see Table 9 of this preamble) and not for RY2017 or RY2018.
\b\ The proposed changes to this subpart include only minor revisions, clarifications, and corrections that have no impact on the burden to reporters.
\c\ This entry is a negative value because certain reporting requirements were removed from subpart LL and no new reporting requirements were added for the subpart, resulting in a net cost
  savings for this source category.
\d\ There is no increase in costs under subpart RR (Geologic Sequestration of Carbon Dioxide) because there are no facilities currently reporting, or projected to report, under this source
  category in the next three years.

    A full discussion of the impacts may be found in the memorandum, 
``Assessment of Burden Impacts of 2015 Revisions to the Greenhouse Gas 
Reporting Rule,'' available in Docket Id. No. EPA-HQ-OAR-2015-0526.

A. How was the incremental burden of the proposed rule estimated?

    The estimated incremental change in burden from the proposed 
amendments to Part 98 include burden associated with: (1) Changes to 
the reporting requirements by adding, revising, or removing existing 
reporting requirements (21 subparts); (2) revisions to the 
applicability of subparts such that additional facilities would be 
required to report under Part 98 (subparts V and OO); and (3) 
additional monitoring requirements (subpart FF).
1. Burden Associated With the Revision of Reporting Requirements
    Section III of this preamble describes proposed amendments to each 
subpart of Part 98 that improve the quality and accuracy of the data 
collected under the GHGRP, improve verification of collected data, and 
provide additional data to help improve estimates included in the U.S. 
GHG Inventory. In general, these proposed amendments would add 
reporting requirements or revise existing reporting requirements to 
collect more detailed facility data. The proposed amendments would 
collectively add or revise data elements in 21 subparts of Part 98, 
including 97 data elements that were not previously required to be 
collected. With the exception of revisions to subpart FF (Underground 
Coal Mines), the collection of these new and revised data elements 
would not add new monitoring requirements, and would not substantially 
affect the type of information that must be collected. For all of these 
additional data elements, the EPA has estimated a nominal additional 
cost to report the data element and fulfill the recordkeeping 
requirements. The EPA is also proposing to remove 18 data elements in 
subparts O, Y, DD, HH, and LL. For these data elements, the EPA has 
estimated a nominal reduction in cost, since reporters would no longer 
be required to report the data element. The total incremental costs 
from the addition, revision, and removal of these reporting 
requirements are anticipated at $39,234 annually ($2011). This includes 
$9,359 from revisions implemented in RY2016, $25,650 from revisions 
first implemented in RY2017, and $4,225 from revisions first 
implemented in RY2018. For subpart I, the new data elements in the 
proposed rule pertain to the triennial technology report required under 
40 CFR 98.96(y), which must first be submitted with RY2016 reports on 
or before March 31, 2017 and every three years thereafter. For the 
purposes of estimating burden, the annual costs associated with these 
data elements ($1,226) would apply in RY2016 only. For RY2017 and 
RY2018, the estimated incremental cost associated with reporting the 
new, revised, and removed data elements for all affected source 
categories is $33,782 and $38,007, respectively.
    All costs to the regulated industry resulting from changes to the 
reporting requirements for the GHGRP are labor costs (i.e., the cost of 
labor by facility staff to meet the rule's information collection 
requirements). For each subpart, the EPA determined the incremental 
change in annual hourly labor estimates by multiplying the number of 
data elements that were added, revised, or removed in each subpart by 
the number of hours required to review each data element and the number 
of affected reporters for each subpart. Where data elements were 
removed in subparts O, Y, DD, HH, and LL, a reduction in the annual 
hourly labor estimate was assumed. Labor costs were applied to the 
total annual hour estimates for each labor category to obtain the total 
costs for each subpart.
2. Burden Associated With Revisions That Affect Applicability
    The EPA is proposing revisions that would affect the applicability 
of two subparts of Part 98: Subpart V (Nitric Acid Production) and 
subpart OO

[[Page 2597]]

(Suppliers of Industrial Greenhouse Gases). The proposed changes would 
apply beginning in RY2018. These proposed changes are anticipated to 
require reporting for four additional reporters under subpart V, and 
five to ten additional reporters under subpart OO. (For the purposes of 
estimating burden, an average of eight additional reporters were 
assumed to be required to report under subpart OO of Part 98). The 
majority of facilities within these industries already report under 
Part 98; specifically, all four of the affected reporters under subpart 
V already submit annual reports. The total incremental burden from 
changes to applicability is $119,759 in the first year and $93,015 in 
subsequent years ($2011). The incremental burden for the additional 
reporters for subpart V includes first-year costs of $83,544 ($20,866 
per facility) and subsequent year costs of $66,403 ($16,601 per 
facility). The incremental burden for the additional reporters for 
subpart OO includes first-year costs of $36,215 ($4,527 per facility) 
and subsequent year costs of $26,612 ($3,327 per facility).
    To estimate the cost impacts for additional reporters, the recent 
information collection request for the GHG reporting program \32\ was 
used to obtain the first year average cost per facility that is 
incurred from reporting under subparts V and OO (updated to $2011) and 
the subsequent year burden. These average costs per facility include 
labor costs, capital costs, and operation and maintenance costs. We 
determined total reporting costs for each subpart by assigning these 
costs to model facilities that are representative of each industry 
sector. The total cost for each subpart was determined by multiplying 
the model facilities cost by the number of affected facilities.
---------------------------------------------------------------------------

    \32\ See Supporting Statement Part A: Information Collection 
Request for the Greenhouse Gas Reporting Program (U.S. EPA, 2013).
---------------------------------------------------------------------------

3. Burden Associated With Revisions to Monitoring Requirements for 
Underground Coal Mines
    As discussed in section III.R.2 of this preamble, we are proposing 
changes to the monitoring requirements of subpart FF of Part 98 to 
remove the option to allow MSHA quarterly inspection reports to be used 
as a source of data for monitoring methane liberated from ventilation 
systems. Instead, facilities would be required to independently collect 
their own grab samples or to use CEMS. The incremental increase in 
costs for subpart FF reporters who would no longer have the option to 
use MSHA data (and would need to collect monthly grab samples) are 
$28,440 per facility in the first year and $14,609 per facility in 
subsequent years ($2011); these revisions would affect approximately 65 
reporters anticipated to use MSHA data annually. The proposed revisions 
would have an industry-wide incremental cost of $1,848,571 in the first 
year and $949,582 in subsequent years. The proposed changes would apply 
beginning in RY2018.
    The incremental costs to the regulated industry resulting from 
changes to the monitoring requirements for Underground Coal Mines are 
based on the collection of independent grab samples in ventilation air. 
Currently, about 50 percent of subpart FF reporters collect quarterly 
gas samples. For mines that currently use MSHA data, the annual 
incremental costs for taking grab samples was estimated as the cost of 
taking the samples, less the avoided cost of obtaining, interpreting 
and reporting MSHA data. We assumed that facilities would not install a 
CEMS as a result of the monitoring changes.
    The costs resulting from removing the use of MSHA quarterly data 
and requiring facilities to collect quarterly grab samples include 
additional labor costs (i.e., the cost of labor by facility staff to 
meet the rule's information collection requirements), capital costs 
(e.g., the costs of anemometers or sample kits, for reporters that are 
not currently conducting sampling), and operating and maintenance costs 
(e.g., the cost associated with gas sample analysis). Hourly labor 
costs were estimated based on the number of labor hours for developing 
the sampling methodology and purchasing the devices, and the number of 
hours required for sampling.

B. Additional Impacts of the Proposed Revisions to Part 98

    In addition to amendments that would revise the existing 
applicability, monitoring, or reporting requirements of Part 98, the 
EPA is proposing additional technical revisions and other 
clarifications to several subparts in Part 98 that are not anticipated 
to have a significant impact on burden. These include revisions 
discussed in section III of this preamble that are intended to 
streamline the rule requirements, including proposed revisions to 
clarify and revise the requirements of Part 98 in order to focus GHGRP 
and reporter resources on relevant data, to expand and clarify the 
conditions under which a facility can cease reporting, or to clarify 
requirements for facilities that report very little or no emissions, 
and revisions that would improve the efficiency of the reporting and 
verification process. These changes are anticipated to minimally reduce 
burden for reporters.
    The EPA is also proposing revisions that are intended to improve 
the quality of the rule but that would not impact burden, such as 
amending calculation methods to improve the accuracy of the emissions 
estimate (e.g., subparts I and Y); these proposed amendments would 
increase the accuracy of reported emissions, but do not require 
additional monitoring or data collection by reporters, and would have 
no additional impact on burden.
    We are proposing, for certain subparts, to amend monitoring or 
measurement methods to more closely align rule requirements with 
different operating scenarios in the industry. Other proposed 
amendments would provide flexibility for reporters and clarify 
reporting requirements, as described in section II.C of this preamble. 
These proposed amendments are anticipated to have no impact or 
minimally decrease burden for reporters.
    The proposed revisions also include minor amendments, corrections, 
and clarifications, including simple revisions of requirements such as 
clarifying changes to definitions, calculation methodologies, 
monitoring and quality assurance requirements, missing data procedures, 
and reporting requirements. These proposed changes clarify Part 98 to 
better reflect the EPA's intent, and would not present any additional 
burden on reporters.
    A full discussion of the burden associated with the proposed 
revisions for each subpart may be found in the memorandum, ``Assessment 
of Burden Impacts of 2015 Revisions to the Greenhouse Gas Reporting 
Rule,'' available in Docket Id. No. EPA-HQ-OAR-2015-0526.

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 is a significant regulatory action that was submitted 
to the Office of Management and Budget (OMB) for review because the 
proposed amendments raise novel legal or policy issues. Any changes 
made in response to OMB recommendations have been documented in the 
docket. The EPA prepared an economic analysis of the potential costs 
and benefits associated with this action. A copy of the analysis is 
available in Docket Id. No. EPA-HQ-

[[Page 2598]]

OAR-2015-0526 and is briefly summarized in section V of this preamble.

B. Paperwork Reduction Act (PRA)

    The information collection activities in this proposed rule have 
been submitted for approval to the OMB under the PRA. The Information 
Collection Request (ICR) document that the EPA prepared has been 
assigned EPA ICR number 2300.18. You can find a copy of the ICR in the 
docket for this rule, and it is briefly summarized here.
    This action is proposing to amend specific provisions in the 
Greenhouse Gas Reporting Rule to streamline and improve implementation 
of the rule, improve the quality and consistency of the data collected 
under the rule, and to clarify or propose minor updates to certain 
provisions that have been the subject of questions from reporting 
entities. These proposed amendments would improve the quality and 
consistency of the data collected, as well as improve the efficiency of 
the reporting process for both the EPA and reporters. The proposed 
amendments are anticipated to increase burden in cases where the 
proposed amendments would expand current applicability, monitoring, or 
reporting, and are anticipated to decrease burden in cases where the 
proposed amendments would streamline Part 98 to remove notification or 
reporting requirements or simplify the data that must be reported.
    Specifically, this action proposes to amend the reporting 
requirements to add or revise 118 data elements in 21 subparts of Part 
98. These revisions are necessary to improve the quality of the data 
collected under the GHGRP. The EPA is also proposing to remove 18 data 
elements in five subparts, which would streamline rule requirements. 
This action also proposes amendments that would affect the 
applicability of two subparts of Part 98: subparts V (Nitric Acid 
Production) and OO (Suppliers of Industrial Greenhouse Gases). These 
amendments could increase the number of facilities required to report 
under Part 98. Finally, this action proposes to revise the monitoring 
requirements of subpart FF of Part 98 (Underground Coal Mines). The 
proposed amendments would remove the option to allow Mine Safety and 
Health Administration (MSHA) quarterly inspection reports to be used as 
a source of data for monitoring methane liberated from ventilation 
systems, and require facilities to independently collect their own grab 
samples or to use continuous emissions monitoring. Impacts associated 
with the proposed changes to the applicability, monitoring, and 
reporting requirements are detailed in the memorandum ``Assessment of 
Burden Impacts of 2015 Revisions to the Greenhouse Gas Reporting Rule'' 
(see Docket Id. No. EPA-HQ-OAR-2015-0526). Burden is defined at 5 CFR 
1320.3(b).
    The total estimated incremental burden and cost associated with the 
proposed revisions is 23,456 hours and $2,049,478 over the 3 years 
covered by the information collection. These costs include $9,359 in 
RY2016, $33,782 in RY2017, and $2,006,337 in RY2018, averaging $683,159 
per year over the three years. The total estimated number of reporters 
affected by the proposed amendments is 8,240. The proposed frequency of 
response for these changes is once annually, with the exception of 
certain data elements for subpart I which would be submitted once every 
three years.
    The estimated incremental costs and hour burden associated with the 
addition and revision of 118 data elements and the removal of 18 data 
elements in 21 subparts is 682 hours and $39,234 annually ($2011), 
including $9,359 from revisions first implemented in RY2016, $25,650 
from revisions first implemented in RY2017, and $4,225 from revisions 
first implemented in RY2018. For subpart I, the new data elements in 
the proposed rule pertain to the triennial technology report required 
under 40 CFR 98.96(y), which must first be submitted with RY2016 
reports on or before March 31, 2017 and every three years thereafter. 
For the purposes of estimating burden for the three years covered by 
the information collection, the annual burden and costs associated with 
these data elements (21 hours and $1,226) would apply for RY2016 only. 
Therefore, the estimated incremental burden and cost associated with 
reporting the new, revised, and removed data elements for all affected 
source categories is 588 hours and $33,782 in RY2017, and 661 hours and 
$38,007 for RY2018. The annual reporting burden associated with these 
changes is estimated to average 0.17 hour per response, and the 
estimated number of reporters affected is 7,127.
    The estimated incremental cost burden associated with additional 
reporters to subparts V and OO is $119,759 in the first year (RY2018) 
and $93,015 in subsequent years. The incremental burden for the 
additional reporters for subpart V includes first-year costs of $83,544 
and subsequent year costs of $66,403. The incremental burden for the 
additional reporters for subpart OO includes first-year costs of 
$36,215 and subsequent year costs of $26,612. The estimated number of 
likely new respondents that would result from these amendments is 12, 
including four additional reporters under subpart V, and an average of 
eight additional reporters for subpart OO. The annual hourly burden for 
these additional reporters is based on the annual average hourly burden 
for existing reporters under subparts V and OO, which is 191 hours and 
55 hours per reporter, respectively.
    The incremental increase in costs for subpart FF reporters from the 
revised monitoring requirements are $28,440 per facility in the first 
year (RY2018) and $14,609 in subsequent years ($2011). The proposed 
revisions are estimated to affect 65 respondents and would have an 
industry incremental cost of $1,848,571 in the first year (RY2018) and 
$949,582 in subsequent years. The annual hourly burden associated with 
these monitoring costs are 320 hours per reporter in the first year and 
165 hours in subsequent years.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the agency's need for this information, the 
accuracy of the provided burden estimates and any suggested methods for 
minimizing respondent burden to the EPA using the docket identified at 
the beginning of this rule. You may also send your ICR-related comments 
to OMB's Office of Information and Regulatory Affairs via email to 
[email protected], Attention: Desk Officer for the EPA. 
Since OMB is required to make a decision concerning the ICR between 30 
and 60 days after receipt, OMB must receive comments no later than 
February 16, 2016. The EPA will respond to any ICR-related comments in 
the final rule.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. 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 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. The impacts to small entities due to the 
revisions was evaluated for each subpart. The EPA conducted a screening 
assessment

[[Page 2599]]

comparing compliance costs for revisions to reporting requirements, 
applicability to new reporters, and monitoring revisions under subparts 
V, FF, and OO to specific receipts data for establishments owned by 
small businesses in each industry. This ratio constitutes a ``sales'' 
test that computes the annualized compliance costs of this rule as a 
percentage of sales and determines whether the ratio exceeds 1 percent. 
The cost-to-sales ratios were constructed at the establishment level 
(average reporting program costs per establishment/average 
establishment receipts) for several business size ranges. We determined 
that the cost-to-sales ratios are less than 1 percent for all 
establishments in all business size ranges for subparts V, OO, and FF, 
except the ratio for the 1-19 employee size range for facilities in 
subpart FF was greater than 1 percent and less than 2 percent. The 
sales test for this size category was also exceeded in the original EIA 
\33\ and the EPA noted that mines owned by enterprises with less than 
19 employees would be unlikely to be covered by this rule. Therefore, 
we do not anticipate any impacts on small entities for subpart FF 
reporters, and we have determined that there will not be a significant 
economic impact to small entities for these three subparts. For all 
other subparts, which are only affected by revisions for adding, 
revising, or removing reporting requirements, we determined that these 
facilities will experience annual impacts of approximately $11 per 
facility. Because this cost is minimal, no small entity impacts are 
anticipated for the remaining subparts.
---------------------------------------------------------------------------

    \33\ U.S. EPA. Economic Impact Analysis for the Mandatory 
reporting of Greenhouse Gas Emissions: Subparts T, FF, TT, and II. 
See Docket Id. No. EPA-HQ-OAR-2008-0508-2313. June 2010.
---------------------------------------------------------------------------

    Although there are no small entity impacts associated with these 
proposed revisions, in the development of Part 98, the EPA took several 
steps to reduce the impact on small entities. For example, the EPA 
determined appropriate thresholds that reduced the number of small 
businesses reporting. In addition, the EPA conducted several meetings 
with industry associations to discuss regulatory options and the 
corresponding burden on industry, such as recordkeeping and reporting. 
The proposed rule amendments are minor technical corrections, 
clarifying, and other amendments that will not impose any new 
requirement on small entities that are not currently required by the 
regulation of Part 98. We have therefore concluded that this action 
will have no net regulatory burden for all directly regulated small 
entities. The EPA continues to conduct significant outreach on the 
GHGRP and maintains an ``open door'' policy for stakeholders to help 
inform the EPA's understanding of key issues for the industries. We 
continue to be interested in the potential impacts of the proposed rule 
amendments on small entities and welcome comments on issues related to 
such impacts.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments.
    The action implements mandate(s) specifically and explicitly set 
forth in CAA section 114(a)(1) without the exercise of any policy 
discretion by the EPA.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

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

    This action does not have tribal implications as specified in 
Executive Order 13175. The proposed rule amendments would not result in 
any changes to the requirements that are not currently required for 40 
CFR part 98. Thus, Executive Order 13175 does not apply to this action. 
Consistent with the EPA Policy on Consultation and Coordination with 
Indian Tribes, the EPA consulted with tribal officials during the 
development of the rules for Part 98. A summary of that consultation is 
provided in sections VIII.E and VIII.F of the preamble to the October 
30, 2009 final GHG reporting rule.

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it is 
not likely to have a significant adverse effect on the supply, 
distribution or use of energy. Part 98 relates to monitoring, 
reporting, and recordkeeping and does not impact energy supply, 
distribution, or use. This final rule amends monitoring, calculation, 
and reporting requirements for the GHGRP. In addition, the EPA is 
proposing confidentiality determinations for new and revised data 
elements proposed in this rulemaking and for certain existing data 
elements for which a confidentiality determination has not previously 
been proposed, or where the EPA has determined that the current 
determination is no longer appropriate. These proposed amendments and 
confidentiality determinations do not make any changes to the existing 
monitoring, calculation, and reporting requirements under Part 98 that 
affect the supply, distribution, or use of energy.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

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

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations because it does not affect the level of 
protection provided to human health or the environment because it is a 
rule addressing information collection and reporting procedures.

List of Subjects in 40 CFR Part 98

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

    Dated: December 21, 2015.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, the Environmental 
Protection Agency proposes to amend title 40, chapter I, of the Code of 
Federal Regulations as follows:

[[Page 2600]]

PART 98--MANDATORY GREENHOUSE GAS REPORTING

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

    Authority:  42 U.S.C. 7401-7671q.

Subpart A--General Provision

0
2. Section 98.2 is amended by:
0
a. Revising paragraph (a)(1);
0
b. Revising paragraph (i)(1) through (3); and
0
c. Adding paragraphs (i)(4) through (6).
    The revisions and additions read as follows:


Sec.  98.2  Who must report?

    (a) * * *
    (1) A facility that contains any source category that is listed in 
Table A-3 of this subpart. For these facilities, the annual GHG report 
must cover stationary fuel combustion sources (subpart C of this part), 
miscellaneous use of carbonates (subpart U of this part), and all 
applicable source categories listed in Table A-3 and Table A-4 of this 
subpart.
* * * * *
    (i) * * *
    (1) If reported emissions are less than 25,000 metric tons 
CO2e per year for five consecutive years, then the owner or 
operator may discontinue complying with this part provided that the 
owner or operator submits a notification to the Administrator that 
announces the cessation of reporting and explains the reasons for the 
reduction in emissions. The notification shall be submitted no later 
than March 31 of the year immediately following the fifth consecutive 
year of emissions less than 25,000 tons CO2e per year. The 
owner or operator must maintain the corresponding records required 
under Sec.  98.3(g) for each of the five consecutive years prior to 
notification of discontinuation of reporting and retain such records 
for three years following the year that reporting was discontinued. The 
owner or operator must resume reporting if annual emissions in any 
future calendar year increase to 25,000 metric tons CO2e per 
year or more.
    (2) If reported emissions are less than 15,000 metric tons 
CO2e per year for three consecutive years, then the owner or 
operator may discontinue complying with this part provided that the 
owner or operator submits a notification to the Administrator that 
announces the cessation of reporting and explains the reasons for the 
reduction in emissions. The notification shall be submitted no later 
than March 31 of the year immediately following the third consecutive 
year of emissions less than 15,000 tons CO2e per year. The 
owner or operator must maintain the corresponding records required 
under Sec.  98.3(g) for each of the three consecutive years and retain 
such records for three years prior to notification of discontinuation 
of reporting following the year that reporting was discontinued. The 
owner or operator must resume reporting if annual emissions in any 
future calendar year increase to 25,000 metric tons CO2e per 
year or more.
    (3) If the operations of a facility or supplier are changed such 
that all applicable processes and operations subject to paragraphs 
(a)(1) through (4) of this section cease to operate, then the owner or 
operator may discontinue complying with this part for the reporting 
years following the year in which cessation of such operations occurs, 
provided that the owner or operator submits a notification to the 
Administrator that announces the cessation of reporting and certifies 
to the closure of all applicable processes and operations no later than 
March 31 of the year following such changes. If one or more processes 
or operations subject to paragraphs (a)(1) through (4) of this section 
at a facility or supplier cease to operate, but not all applicable 
processes or operations cease to operate, then the owner or operator is 
exempt from reporting for any such processes or operations in the 
reporting years following the reporting year in which cessation of the 
process or operation occurs, provided that the owner or operator 
submits a notification to the Administrator that announces the 
cessation of reporting for the process or operation no later than March 
31 of the year following such changes. This paragraph (i)(3) does not 
apply to seasonal or other temporary cessation of operations. This 
paragraph (i)(3) does not apply to facilities with municipal solid 
waste landfills or industrial waste landfills, or to underground coal 
mines except those with abandoned status as determined by the U.S. Mine 
Safety & Health Administration. The owner or operator must resume 
reporting for any future calendar year during which any of the GHG-
emitting processes or operations resume operation.
    (4) The provisions of paragraphs (i)(1) and (2) of this section 
apply to suppliers subject to subparts LL through QQ of this part by 
substituting the term ``quantity of GHG supplied'' for ``emissions.'' 
For suppliers, the provisions of paragraphs (i)(1) and (2) of this 
section apply individually to each importer and exporter and 
individually to each petroleum refinery, fractionator of natural gas 
liquids, local natural gas distribution company, and producer of 
CO2, N2O, or fluorinated greenhouse gases (e.g., 
a supplier of industrial greenhouse gases might qualify to discontinue 
reporting as an exporter of industrial greenhouse gases but still be 
required to report as an importer; or a company might qualify to 
discontinue reporting as a supplier of industrial greenhouse gases 
under subpart OO of this part but still be required to report as a 
supplier of carbon dioxide under subpart PP of this part).
    (5) If the operations of a facility or supplier are changed such 
that a process or operation no longer meets the ``Definition of Source 
Category'' as specified in an applicable subpart, then the owner or 
operator may discontinue complying with any such subpart for the 
reporting years following the year in which change occurs, provided 
that the owner or operator submits a notification to the Administrator 
that announces the cessation of reporting for the process or operation 
no later than March 31 of the year following such changes. The owner or 
operator must resume complying with this part for the process or 
operation starting in any future calendar year during which the process 
or operation meets the ``Definition of Source Category'' as specified 
in an applicable subpart.
    (6) If an entire facility or supplier is merged into another 
facility or supplier that is already reporting GHG data under this 
part, then the owner or operator may discontinue complying with this 
part for the facility or supplier, provided that the owner or operator 
submits a notification to the Administrator that announces the 
discontinuation of reporting and the e-GGRT identification number of 
the reconstituted facility no later than March 31 of the year following 
such changes.
* * * * *
0
3. Section 98.3 is amended by:
0
a. Revising paragraph (c)(4)(iii) introductory text;
0
b. Adding paragraph (c)(4)(iii)(G); and
0
c. Revising paragraphs (c)(5)(ii), (c)(8), (d)(1)(i), and (h)(4).
    The revisions and additions read as follows:


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

* * * * *
    (c) * * *
    (4) * * *
    (iii) Annual emissions from each applicable source category, 
expressed in metric tons of each applicable GHG

[[Page 2601]]

listed in paragraphs (c)(4)(iii)(A) through (F) of this section.
* * * * *
    (G) For each reported fluorinated GHG and fluorinated heat transfer 
fluid, report the following identifying information:
    (1) Chemical name. If the chemical is not listed in Table A-1 of 
this subpart, then use the method of naming organic chemical compounds 
as recommended by the International Union of Pure and Applied Chemistry 
(IUPAC).
    (2) The CAS registry number assigned by the Chemical Abstracts 
Registry Service. If a CAS registry number is not assigned or is not 
associated with a single fluorinated GHG or fluorinated heat transfer 
fluid, then report an identification number assigned by EPA's Substance 
Registry Services.
    (3) Linear chemical formula.
* * * * *
    (5) * * *
    (ii) Quantity of each GHG from each applicable supply category in 
Table A-5 to this subpart, expressed in metric tons of each GHG. For 
each reported fluorinated GHG, report the following identifying 
information:
    (A) Chemical name. If the chemical is not listed in Table A-1 of 
this subpart, then use the method of naming organic chemical compounds 
as recommended by the International Union of Pure and Applied Chemistry 
(IUPAC).
    (B) The CAS registry number assigned by the Chemical Abstracts 
Registry Service. If a CAS registry number is not assigned or is not 
associated with a single fluorinated GHG, then report an identification 
number assigned by EPA's Substance Registry Services.
    (C) Linear chemical formula.
* * * * *
    (8) Each parameter for which a missing data procedure was used 
according to the procedures of an applicable subpart and the total 
number of hours in the year that a missing data procedure was used for 
each parameter. Parameters include not only reported data elements, but 
any data element required for monitoring and calculating emissions.
* * * * *
    (d) * * *
    (1) * * *
    (i) Monitoring methods currently used by the facility that do not 
meet the specifications of a relevant subpart.
* * * * *
    (h) * * *
    (4) Notwithstanding paragraphs (h)(1) and (2) of this section, upon 
request by the owner or operator, the Administrator may provide 
reasonable extensions of the 45-day period for submission of the 
revised report or information under paragraphs (h)(1) and (2) of this 
section. If the Administrator receives a request for extension of the 
45-day period, by email to an address prescribed by the Administrator 
prior to the expiration of the 45-day period, the extension request is 
deemed to be automatically granted for 30 days. The Administrator may 
grant an additional extension beyond the automatic 30-day extension if 
the owner or operator submits a request for an additional extension and 
the request is received by the Administrator prior to the expiration of 
the automatic 30-day extension, provided the request demonstrates that 
it is not practicable to submit a revised report or information under 
paragraphs (h)(1) and (2) of this section within 75 days. The 
Administrator will approve the extension request if the request 
demonstrates to the Administrator's satisfaction that it is not 
practicable to collect and process the data needed to resolve potential 
reporting errors identified pursuant to paragraphs (h)(1) or (2) of 
this section within 75 days.
* * * * *
0
4. Section 98.4 is amended by adding paragraph (i)(6) to read as 
follows:


Sec.  98.4  Authorization and responsibilities of the designated 
representative.

* * * * *
    (i) * * *
    (6) A list of the subparts that the owners and operators anticipate 
will be included in the annual GHG report. The list of potentially 
applicable subparts is required only for an initial certificate of 
representation that is submitted after [date of publication of the 
final rule in the Federal Register] (i.e., for a facility or supplier 
that previously was not registered under this part). The list of 
subparts is not required for a revised COR.
* * * * *
0
5. Section 98.6 is amended by revising the definition for ``Gas 
collection system or landfill gas collection system'', adding a 
definition for ``Reporting year'' in alphabetical order, and revising 
the definition for ``Ventilation hole or shaft'' to read as follows:


Sec.  98.6  Definitions.

* * * * *
    Gas collection system or landfill gas collection system means a 
system of pipes used to collect landfill gas from different locations 
in the landfill by means of a fan or similar mechanical draft equipment 
(forced convection) to a single location for treatment (thermal 
destruction) or use. Landfill gas collection systems may also include 
knock-out or separator drums and/or a compressor. A single landfill may 
have multiple gas collection systems. Landfill gas collection systems 
do not include ``passive'' systems, whereby landfill gas flows 
naturally (without forced convection) to the surface of the landfill 
where an opening or pipe (vent) is installed to allow for the flow of 
landfill gas to the atmosphere or to a remote flare installed to 
combust landfill gas that is passively emitted from the vent. Landfill 
gas collection systems also do not include ``active venting'' systems, 
whereby landfill gas is conveyed to the surface of the landfill using 
forced convection, but the landfill gas is never recovered or thermally 
destroyed prior to release to the atmosphere.
* * * * *
    Reporting year means the calendar year during which the GHG data 
are required to be collected for purposes of the annual GHG report. For 
example, reporting year 2014 is January 1, 2014 through December 31, 
2014, and the annual report for reporting year 2014 is submitted to EPA 
on March 31, 2015.
* * * * *
    Ventilation hole or shaft means a vent hole, shaft, mine portal, 
adit or other mine entrance or exits employed at an underground coal 
mine to serve as the outlet or conduit to move air from the ventilation 
system out of the mine.
* * * * *
0
6. Section 98.7 is amended by revising paragraphs (e)(33) and (l)(1) to 
read as follows:


Sec.  98.7  What standardized methods are incorporated by reference 
into this part?

* * * * *
    (e) * * *
    (33) ASTM D6866-12 Standard Test Methods for Determining the 
Biobased Content of Solid, Liquid, and Gaseous Samples Using 
Radiocarbon Analysis, IBR approved for Sec. Sec.  98.34(d), 98.34(e), 
and 98.36(e).
* * * * *
    (l) * * *
    (1) Coal Mine Safety and Health General Inspection Procedures 
Handbook, Handbook Number: PH13-V-1, February 2013, IBR approved for 
Sec.  98.324(b).
* * * * *
0
7. Table A-3 to Subpart A of Part 98 is amended by revising the entries 
``Source Categories Applicable in 2010 and Future Years'' and 
``Additional Source Categories Applicable in 2011 and Future Years'' to 
read as follows:

[[Page 2602]]



    Table A-3 to Subpart A of Part 98--Source Category List for Sec.
                               98.2(a)(1)
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Source Categories \a\ Applicable in Reporting Year 2010 and Future Years
 
                              * * * * * * *
------------------------------------------------------------------------
Additional Source Categories \a\ Applicable in Reporting Year 2011 and
 Future Years
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ Source categories are defined in each applicable subpart.

0
8. Table A-4 to Subpart A of Part 98 is amended by revising the entries 
``Source Categories Applicable in 2010 and Future Years'' and 
``Additional Source Categories Applicable in 2011 and Future Years'' to 
read as follows:

   Table A-4 to Subpart A--Source Category List for Sec.   98.2(a)(2)
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Source Categories \a\ Applicable in Reporting Year 2010 and Future Years
 
                              * * * * * * *
Additional Source Categories \a\ Applicable in Reporting Year 2011 and
 Future Years
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ Source categories are defined in each applicable subpart.

0
9. Table A-5 to Subpart A of Part 98 is amended by:
0
a. Revising the entry ``Supplier Categories Applicable in 2010 and 
Future Years'';
0
b. Revising the entries associated with ``Industrial greenhouse gas 
suppliers (subpart OO)''; and
0
c. Revising the entry ``Additional Supplier Categories Applicable in 
2011 and Future Years.''
    The revisions read as follows:

  Table A-5 to Subpart A--Supplier Category List for Sec.   98.2(a)(4)
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Supplier Categories \a\ Applicable in Reporting Year 2010 and Future
 Years
 
                              * * * * * * *
Industrial greenhouse gas suppliers (subpart OO):
    (A) All producers of industrial greenhouse gases and fluorinated
     heat transfer fluids.
    (B) Importers of industrial greenhouse gases and fluorinated heat
     transfer fluids with annual bulk imports of N2O, fluorinated GHG,
     fluorinated heat transfer fluids, and CO2 that in combination are
     equivalent to 25,000 metric tons CO2e or more.
    (C) Exporters of industrial greenhouse gases with annual bulk
     exports of N2O, fluorinated GHG, fluorinated heat transfer fluids,
     and CO2 that in combination are equivalent to 25,000 metric tons
     CO2e or more.
    (D) Facilities that destroy 25,000 mtCO2e or more of fluorinated
     GHGs or fluorinated heat transfer fluids annually.
 
                              * * * * * * *
Additional Supplier Categories Applicable \a\ in Reporting Year 2011 and
 Future Years
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ Suppliers are defined in each applicable subpart.

Subpart C--General Stationary Fuel Combustion Sources

0
10. Section 98.33 is amended by revising parameters 
``(HHV)I,'' ``(Fuel)I,'' and ``n'' of Equation C-
2b in paragraph (a)(2)(ii)(A) and revising paragraphs (a)(5)(i)(C), 
(a)(5)(ii)(C), and (a)(5)(iii)(C) to read as follows:


Sec.  98.33  Calculating GHG emissions.

* * * * *
    (a) * * *
    (2) * * *
    (ii) * * *
    (A) * * *
* * * * *

(HHV)I = Measured high heat value of the fuel, for sample 
period ``i'' (which may be the arithmetic average of multiple 
determinations), or, if applicable, an appropriate substitute data 
value (mmBtu per mass or volume).
(Fuel)I = Mass or volume of the fuel combusted during the 
sample period ``i,'' (e.g., monthly, quarterly, semi-annually, or by 
lot) from company records (express mass in short tons for solid 
fuel, volume in standard cubic feet (e.g., for gaseous fuel, and 
volume in gallons for liquid fuel).
n = Number of sample periods in the year.

* * * * *
    (5) * * *
    (i) * * *
    (C) Divide the cumulative annual CO2 mass emissions 
value by 1.1023 to convert it to metric tons.
* * * * *
    (ii) * * *
    (C) Divide the cumulative annual CO2 mass emissions 
value by 1.1023 to convert it to metric tons.
    (iii) * * *
    (C) Divide the cumulative annual CO2 mass emissions 
value by 1.1023 to convert it to metric tons.
* * * * *
0
11. Section 98.34 is amended by revising paragraphs (d) and (e) to read 
as follows:

[[Page 2603]]

Sec.  98.34  Monitoring and QA/QC requirements.

* * * * *
    (d) Except as otherwise provided in Sec.  98.33(b)(1)(vi) and 
(vii), when municipal solid waste (MSW) is either the primary fuel 
combusted in a unit or the only fuel with a biogenic component 
combusted in the unit, determine the biogenic portion of the 
CO2 emissions using ASTM D6866-12 Standard Test Methods for 
Determining the Biobased Content of Solid, Liquid, and Gaseous Samples 
Using Radiocarbon Analysis (incorporated by reference, see Sec.  98.7) 
and ASTM D7459-08 Standard Practice for Collection of Integrated 
Samples for the Speciation of Biomass (Biogenic) and Fossil-Derived 
Carbon Dioxide Emitted from Stationary Emissions Sources (incorporated 
by reference, see Sec.  98.7). Perform the ASTM D7459-08 sampling and 
the ASTM D6866-12 analysis at least once in every calendar quarter in 
which MSW is combusted in the unit. Collect each gas sample during 
normal unit operating conditions for at least 24 total (not necessarily 
consecutive) hours, or longer if the facility deems it necessary to 
obtain a representative sample. Notwithstanding this requirement, if 
the types of fuels combusted and their relative proportions are 
consistent throughout the year, the minimum required sampling time may 
be reduced to 8 hours if at least two 8-hour samples and one 24-hour 
sample are collected under normal operating conditions, and arithmetic 
average of the biogenic fraction of the flue gas from the 8-hour 
samples (expressed as a decimal) is within 5 percent of the 
biogenic fraction from the 24-hour test. There must be no overlapping 
of the 8-hour and 24-hour test periods. Document the results of the 
demonstration in the unit's monitoring plan. If the types of fuels and 
their relative proportions are not consistent throughout the year, an 
optional sampling approach that facilities may wish to consider to 
obtain a more representative sample is to collect an integrated sample 
by extracting a small amount of flue gas (e.g., 1 to 5 cc) in each unit 
operating hour during the quarter. Separate the total annual 
CO2 emissions into the biogenic and non-biogenic fractions 
using the average proportion of biogenic emissions of all samples 
analyzed during the reporting year. Express the results as a decimal 
fraction (e.g., 0.30, if 30 percent of the CO2 is biogenic). 
When MSW is the primary fuel for multiple units at the facility, and 
the units are fed from a common fuel source, testing at only one of the 
units is sufficient.
    (e) For other units that combust combinations of biomass fuel(s) 
(or heterogeneous fuels that have a biomass component, e.g., tires) and 
fossil (or other non-biogenic) fuel(s), in any proportions, ASTM D6866-
12 (incorporated by reference, see Sec.  98.7) and ASTM D7459-08 
(incorporated by reference, see Sec.  98.7) may be used to determine 
the biogenic portion of the CO2 emissions in every calendar 
quarter in which biomass and non-biogenic fuels are co-fired in the 
unit. Follow the procedures in paragraph (d) of this section. If the 
primary fuel for multiple units at the facility consists of tires, and 
the units are fed from a common fuel source, testing at only one of the 
units is sufficient.
* * * * *
0
12. Section 98.36 is amended by adding paragraphs (c)(1)(iii) and 
(c)(3)(ii) and revising paragraphs (e)(2)(i), (e)(2)(x) introductory 
text, and (e)(2)(xi) to read as follows:


Sec.  98.36  Data reporting requirements.

* * * * *
    (c) * * *
    (1) * * *
    (iii) Cumulative maximum rated heat input capacity of the group 
(mmBtu/hr). The cumulative maximum rated heat input capacity shall be 
determined as the sum of the maximum rated heat input capacities for 
all units in the group, excluding units less than 10 (mmBtu/hr).
* * * * *
    (3) * * *
    (ii) Cumulative maximum rated heat input capacity of the units 
served by the common pipe (mmBtu/hr). The cumulative maximum rated heat 
input capacity shall be determined as the sum of the maximum rated heat 
input capacities for all units served by the common pipe, excluding 
units less than 10 (mmBtu/hr).
* * * * *
    (e) * * *
    (2) * * *
    (i) For the Tier 1 Calculation Methodology, report:
    (A) The total quantity of each type of fuel combusted in the unit 
or group of aggregated units (as applicable) during the reporting year, 
in short tons for solid fuels, gallons for liquid fuels and standard 
cubic feet for gaseous fuels, or, if applicable, therms or mmBtu for 
natural gas.
    (B) If applicable, the moisture content used to calculate the wood 
and wood residuals wet basis HHV for use in Equations C-1 and C-8, in 
percent.
* * * * *
    (x) When ASTM methods D7459-08 (incorporated by reference, see 
Sec.  98.7) and D6866-12 (incorporated by reference, see Sec.  98.7) 
are used to determine the biogenic portion of the annual CO2 
emissions from MSW combustion, as described in Sec.  98.34(d), report:
* * * * *
    (xi) When ASTM methods D7459-08 (incorporated by reference, see 
Sec.  98.7) and D6866-12 (incorporated by reference, see Sec.  98.7) 
are used in accordance with Sec.  98.34(e) to determine the biogenic 
portion of the annual CO2 emissions from a unit that co-
fires biogenic fuels (or partly-biogenic fuels, including tires if you 
are electing to report biogenic CO2 emissions from tire 
combustion) and non-biogenic fuels, you shall report the results of 
each quarterly sample analysis, expressed as a decimal fraction (e.g., 
if the biogenic fraction of the CO2 emissions is 30 percent, 
report 0.30).
* * * * *
0
13. Section 98.37 is amended by revising paragraph (a) and adding 
paragraph (b)(37) to read as follows:


Sec.  98.37  Records that must be retained.

* * * * *
    (a) The applicable records specified in Sec. Sec.  98.34(f), 
98.35(b), and 98.36(e).
* * * * *
    (b) * * *
    (37) Moisture content used to calculate the wood and wood residuals 
wet basis HHV (percent), if applicable (Equations C-1 and C-8).
0
14. Table C-1 to Subpart C of Part 98 is amended by:
0
a. Removing the entries ``Petroleum Coke'' under ``Petroleum 
products'', ``Petroleum Coke'' under ``Other fuels--solid'', and 
``Propane Gas'' under ``Other fuels--gaseous'';
0
b. Removing the heading ``Petroleum products'' in the ``Fuel type'' 
column and adding in its place the heading ``Petroleum products--
liquid''; and
0
c. Adding heading ``Petroleum products--solid'' and its entry 
``Petroleum Coke'',and heading ``Petroleum products--gaseous'', and its 
entry ``Propane Gas'' after the entry ``Crude Oil''.
    The revisions, and additions read as follows:

[[Page 2604]]



  Table C-1 to Subpart C of Part 98--Default CO[ihel2] Emission Factors
             and High Heat Values for Various Types of Fuel
------------------------------------------------------------------------
                                   Default high heat      Default CO2
            Fuel type                    value          emission factor
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
Petroleum products--liquid......  mmBtu/gallon......  kg CO2/mmBtu
 
                              * * * * * * *
------------------------------------------------------------------------
Petroleum products--solid.......  mmBtu/short ton...  kg CO2/mmBtu
Petroleum Coke..................  30.00.............  102.41
Petroleum products--gaseous.....  mmBtu/scf.........  kg CO2/mmBtu
Propane Gas.....................  2.516 x 10-\3\....  61.46
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
------------------------------------------------------------------------

* * * * *
0
15. Table C-2 to Subpart C of Part 98 is amended by:
0
a. Removing the entry ``Petroleum (All fuel types in Table C-1)'' and 
adding in its place the entry ``Petroleum Products (All fuel types in 
Table C-1)'';
0
b. Removing the entry ``Municipal Solid Waste'' and adding in its place 
the entry '' Other Fuels--Solid'';
0
c. Removing the entry ``Tires''.
    The additions read as follows:

   Table C-2 to Subpart C of Part 98--Default CH[ihel4] and N[ihel2]O
               Emission Factors for Various Types of Fuel
------------------------------------------------------------------------
                                   Default CH[ihel4]   Default N[ihel2]O
                                    emission factor     emission factor
            Fuel type               (kg CH[ihel4]/      (kg N[ihel2]O/
                                        mmBtu)              mmBtu)
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
Petroleum Products (All fuel      3.0 x 10-\03\.....  6.0 x 10-\04\
 types in Table C-1).
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
Other Fuels--Solid..............  3.2 x 10-\02\.....  4.2 x 10-\03\
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
------------------------------------------------------------------------

* * * * *

Subpart E--Adipic Acid Production

0
16. Section 98.53 is amended by revising paragraph (a)(2) to read as 
follows:


Sec.  98.53  Calculating GHG emissions.

    (a) * * *
    (2) Request Administrator approval for an alternative method of 
determining N2O emissions according to paragraphs (a)(2)(i) 
through (iv) of this section.
    (i) If you received Administrator approval for an alternative 
method of determining N2O emissions in the previous 
reporting year and your methodology is unchanged, your alternative 
method is automatically approved for the next reporting year.
    (ii) You must notify the EPA of your use of a previously approved 
alternative method in your annual report.
    (iii) Otherwise, you must submit the request within 45 days 
following promulgation of this subpart or within the first 30 days of 
each subsequent reporting year.
    (iv) If the Administrator does not approve your requested 
alternative method within 150 days of the end of the reporting year, 
you must determine the N2O emissions for the current 
reporting period using the procedures specified in paragraph (a)(1) of 
this section.
* * * * *
0
17. Section 98.56 is amended by revising paragraph (f) to read as 
follows:


Sec.  98.56  Data reporting requirements.

* * * * *
    (f) Types of abatement technologies used and date of installation 
for each (if applicable).
* * * * *

Subpart F--Aluminum Production

0
18. Section 98.65 is amended by revising paragraph (a) introductory 
text and Equation F-8 to read as follows:


Sec.  98.65  Procedures for estimating missing data.

* * * * *
    (a) Where anode or paste consumption data are missing, 
CO2 emissions can be estimated from aluminum production by 
using Equation F-9 of this section.

[[Page 2605]]

[GRAPHIC] [TIFF OMITTED] TP15JA16.000

* * * * *
0
19. Section 98.66 is amended by adding paragraph (c)(2) and revising 
paragraph (c)(3) to read as follows:


Sec.  98.66  Data reporting requirements.

* * * * *
    (c) * * *
    (2) Anode effect minutes per cell-day (AE-mins/cell-day), anode 
effect frequency (AE/cell-day), anode effect duration (minutes). (Or 
anode effect overvoltage factor ((kg CF4/metric ton Al)/(mV/cell day)), 
potline overvoltage (mV/cell day), current efficiency (%).)
    (3) Smelter-specific slope coefficients (or overvoltage emission 
factors) and the last date when the smelter-specific slope coefficients 
(or overvoltage emission factors) were measured.
* * * * *

Subpart G--Ammonia Manufacturing

0
20. Section 98.74 is amended by adding paragraph (f) to read as 
follows:


Sec.  98.74  Monitoring and QA/QC requirements.

* * * * *
    (f) You may use company records or an engineering estimate to 
determine the annual ammonia production and the annual methanol 
production.
* * * * *
0
21. Section 98.76 is amended by:
0
a. Revising paragraph (a) introductory text;
0
b. Adding paragraph (a)(3); and
0
c. Adding paragraphs (b)(2) and (7), and revising paragraph (b)(15).
    The revisions and additions read as follows:


Sec.  98.76  Data reporting requirements.

* * * * *
    (a) If a CEMS is used to measure CO2 emissions, then you 
must report the relevant information required under Sec.  98.36 for the 
Tier 4 Calculation Methodology and the information in paragraphs (a)(1) 
through (3) of this section:
* * * * *
    (3) Annual ammonia production (metric tons, sum of all process 
units reported within subpart G of this part).
    (b) * * *
    (2) Annual quantity of each type of feedstock consumed for ammonia 
manufacturing (scf of feedstock or gallons of feedstock or kg of 
feedstock).
* * * * *
    (7) Annual average carbon content of each type of feedstock 
consumed.
* * * * *
    (15) Annual methanol production for each process unit (metric 
tons), regardless of whether the methanol is subsequently destroyed, 
vented, or sold as product.

Subpart I--Electronics Manufacturing

0
22. Section 98.93 is amended by:
0
a. Revising paragraph (a)(1) introductory text;
0
b. Revising parameters ``Nil'' and ``Fil'' of 
Equation I-12 in paragraph (d);
0
c. Revising paragraphs (i)(1)(ii) and (i)(1)(iv);
0
d. Revising Equation I-17 in paragraph (i)(3)(ii);
0
e. Revising parameter ``dif'' of Equation I-19 in paragraph 
(i)(3)(ii);
0
f. Revising parameter ``dkf'' of Equation I-20 in paragraph 
(i)(3)(iv);
0
g. Revising parameter ``dif'' of Equation I-21 in paragraph 
(i)(3)(v);
0
h. Revising parameter ``dkf'' of Equation I-22 in paragraph 
(i)(3)(vi); and
0
i. Revising paragraph (i)(3)(viii) and paragraph (i)(4) introductory 
text.
    The revisions read as follows:


Sec.  98.93  Calculating GHG emissions.

    (a) * * *
    (1) If you manufacture semiconductors, you must adhere to the 
procedures in paragraphs (a)(1)(i) through (iii) of this section. You 
must calculate annual emissions of each input gas and of each by-
product gas using Equations I-6 and I-7 of this subpart, respectively. 
If your fab uses less than 50 kg of a fluorinated GHG in one reporting 
year, you may calculate emissions as equal to your fab's annual 
consumption for that specific gas as calculated in Equation I-11 of 
this subpart, plus any by-product emissions of that gas calculated 
under paragraph (a) of this section.
* * * * *
    (d) * * *
* * * * *

    Nil = Number of containers of size and type l used at 
the fab and returned to the gas distributor containing the standard 
heel of input gas i.
    Fil = Full capacity of containers of size and type l 
containing input gas i (kg).

* * * * *
    (i) * * *
    (1) * * *
    (ii) You must use representative data from the previous reporting 
year to estimate the consumption of input gas i as calculated in 
Equation I-13 of this subpart and the fraction of input gas i and by-
product gas k destroyed in abatement systems for each stack system as 
calculated by Equations I-24A and I-24B of this subpart. If you were 
not required to submit an annual report under subpart I for the 
previous reporting year and data from the previous reporting year are 
not available, you may estimate the consumption of input gas i and the 
fraction of input gas i destroyed in abatement systems based on 
representative operating data from a period of at least 30 days in the 
current reporting year. When calculating the consumption of input gas i 
using Equation I-13 of this subpart, the term ``fij'' is 
replaced with the ratio of the number of tools using input gas i that 
are vented to the stack system for which you are calculating the 
preliminary estimate to the total number of tools in the fab using 
input gas i, expressed as a decimal fraction. You may use this approach 
to determining fij only for this preliminary estimate.
* * * * *
    (iv) If you anticipate an increase or decrease in annual 
consumption or emissions of any fluorinated GHG, or the number of tools 
connected to abatement systems greater than 10 percent for the current 
reporting year compared to the previous reporting year, you must 
account for the anticipated change in your preliminary estimate. You 
may account for such a change using a quantifiable metric (e.g., the 
ratio of the number of tools that are expected to be vented to the 
stack system in the current year as compared to the previous reporting 
year, ratio of the expected number of wafer starts in the current 
reporting year as compared to the previous reporting year), engineering 
judgment, or other industry standard practice.
* * * * *
    (3) * * *
    (ii) * * *

[[Page 2606]]

[GRAPHIC] [TIFF OMITTED] TP15JA16.001

* * * * *
    (iii) * * *
* * * * *
    dif = Fraction of fluorinated GHG input gas i 
destroyed or removed in abatement systems connected to process tools 
in fab f, as calculated in Equation I-24A of this subpart (expressed 
as decimal fraction). If the stack system does not have abatement 
systems on the tools vented to the stack system, the value of this 
parameter is zero.
* * * * *
    (iv) * * *
* * * * *
    dkf = Fraction of fluorinated GHG by-product gas k 
destroyed or removed in abatement systems connected to process tools 
in fab f, as calculated in Equation I-24B of this subpart (expressed 
as decimal fraction).
* * * * *
    (v) * * *
* * * * *
    dif = Fraction of fluorinated GHG input gas i 
destroyed or removed in abatement systems connected to process tools 
in fab f that are included in the stack testing option, as 
calculated in Equation I-24A of this subpart (expressed as decimal 
fraction).
* * * * *
    (vi) * * *
* * * * *
    dkf = Fraction of fluorinated GHG by-product k 
destroyed or removed in abatement systems connected to process tools 
in fab f that are included in the stack testing option, as 
calculated in Equation I-24B of this subpart (expressed as decimal 
fraction).
* * * * *
    (viii) When using the stack testing option described in paragraph 
(i) of this section, you must calculate the weighted-average fraction 
of each fluorinated input gas i and each fluorinated by-product gas k 
destroyed or removed in abatement systems for each fab f, as 
applicable, by using Equation I-24A (for input gases) and Equation I-
24B (for by-product gases) of this subpart.
[GRAPHIC] [TIFF OMITTED] TP15JA16.002

    Where:
    dif = The average weighted fraction of fluorinated 
GHG input gas i destroyed or removed in abatement systems in fab f 
(expressed as a decimal fraction).
    dkf = The average weighted fraction of fluorinated 
GHG by-product gas k destroyed or removed in abatement systems in 
fab f (expressed as a decimal fraction).
    Cijf = The amount of fluorinated GHG input gas i 
consumed for process type j fed into abatement systems in fab f as 
calculated using Equation I-13 of this subpart (kg).
    (1--Uij) = The default emission factor for input gas 
i used in process type j, from applicable Table I-3 to I-7 of this 
subpart.
    Bijk = The default by-product gas formation rate 
factor for by-product gas k from input gas i used in process type j, 
from applicable Table I-3 to I-7 of this subpart.
    DREij = Destruction or removal efficiency for 
fluorinated GHG input gas i in abatement systems connected to 
process tools where process type j is used (expressed as a decimal 
fraction) determined according to Sec.  98.94(f).
    DREjk = Destruction or removal efficiency for 
fluorinated GHG by-product gas k in abatement systems connected to 
process tools where input gas i is used in process type j (expressed 
as a decimal fraction) determined according to Sec.  98.94(f).
    f = fab.
    i = Fluorinated GHG input gas.
    j = Process type.
    (4) Method to calculate emissions from stack systems that are not 
tested. You must calculate annual fab-level emissions of each 
fluorinated GHG input gas and by-product gas for those fluorinated GHG 
listed in paragraphs (i)(4)(i) and (ii) of this section using default 
utilization and by-product formation rates as shown in Tables I-11, I-
12, I-13, I-14, or I-15 of this subpart, as applicable, and by using 
Equations I-8, I-9, and I-13 of this subpart. When using Equations I-8, 
I-9, and I-13 of this subpart to fulfill the requirements of this 
paragraph, you must use, in place of the term Cij in each 
equation, the total consumption of each fluorinated GHG meeting the 
criteria in paragraph (i)(4)(i) of this section or that is used in 
tools vented to the stack systems that meet the criteria in paragraph 
(i)(4)(ii) of this section. You must use, in place of the term 
aij, the fraction of fluorinated GHG meeting the criteria in 
paragraph (i)(4)(i) of this section used in tools with abatement 
systems or that is used in tools with abatement systems that are vented 
to the stack systems that meet the criteria in paragraph (i)(4)(ii) of 
this section. You also must use the results of Equations I-24A and I-
24B of this subpart in place of the terms dij in Equation I-
8 of this subpart and djk in Equation I-9 of this subpart, 
respectively, and use the results of Equation I-23 of this subpart in 
place of the results of Equation I-15 of this subpart for the term 
UTij.
* * * * *
0
23. Section 98.94 is amended by revising paragraph (f) introductory 
text and paragraph (j)(5)(ii) introductory text to read as follows:


Sec.  98.94  Monitoring and QA/QC requirements.

* * * * *
    (f) If your fab employs abatement systems and you elect to reflect 
emission reductions due to these systems, or if your fab employs 
abatement systems designed for fluorinated GHG abatement and you elect 
to calculate fluorinated GHG emissions using the stack test method 
under Sec.  98.93(i), you must comply with the requirements of 
paragraphs (f)(1) through (3) of this section. If you use an average of 
properly measured destruction or removal efficiencies for a gas and 
process sub-type or process type combination, as applicable, in your 
emission calculations under Sec.  98.93(a), (b), and/or (i), you must 
also adhere to procedures in paragraph (f)(4) of this section.
* * * * *
    (j) * * *

[[Page 2607]]

    (5) * * *
    (ii) Criteria to test less frequently. After the first 3 years of 
annual testing, you may calculate the relative standard deviation of 
the emission factors for each fluorinated GHG included in the test and 
use that analysis to determine the frequency of any future testing. As 
an alternative, you may conduct all three tests in less than 3 calendar 
years for purposes of this paragraph (j)(5)(ii), but this does not 
relieve you of the obligation to conduct subsequent annual testing if 
you do not meet the criteria to test less frequently. If the criteria 
specified in paragraphs (j)(5)(ii)(A) and (B) of this section are met, 
you may use the arithmetic average of the three emission factors for 
each fluorinated GHG and fluorinated GHG by-product for the current 
year and the next 4 years with no further testing unless your fab 
operations are changed in a way that triggers the re-test criteria in 
paragraph (j)(8) of this section. In the fifth year following the last 
stack test included in the previous average, you must test each of the 
stack systems for which testing is required and repeat the relative 
standard deviation analysis using the results of the most recent three 
tests (i.e., the new test and the two previous tests conducted prior to 
the 4 year period). If the criteria specified in paragraphs 
(j)(5)(ii)(A) and (B) of this section are not met, you must use the 
emission factors developed from the most recent testing and continue 
annual testing. You may conduct more than one test in the same year, 
but each set of emissions testing for a stack system must be separated 
by a period of at least 2 months. You may repeat the relative standard 
deviation analysis using the most recent three tests, including those 
tests conducted prior to the 4 year period, to determine if you are 
exempt from testing for the next 4 years.
* * * * *
0
24. Section 98.96 is amended by:
0
a. Revising paragraphs (c)(2), (d), and (e);
0
b. Revising parameters ``dif'' and ``dkf'' of Equation I-28 in 
paragraph (r)(2); and
0
c. Revising paragraph (y)(2)(iv).
    The revisions read as follows:


Sec.  98.96  Data reporting requirements.

* * * * *
    (c) * * *
    (2) When you use the procedures specified in Sec.  98.93(a), each 
fluorinated GHG emitted from each process type or process sub-type as 
calculated in Equations I-8 and I-9 of this subpart, as applicable.
* * * * *
    (d) The method of emissions calculation used in Sec.  98.93 for 
each fab.
    (e) Annual production in terms of substrate surface area (e.g., 
silicon, PV-cell, glass) for each fab, including specification of the 
substrate.
* * * * *
    (r) * * *
    (2) * * *
* * * * *
dif = Fraction of fluorinated GHG i destroyed or removed 
in abatement systems connected to process tools in fab f, as 
calculated from Equation I-24A of this subpart, which you used to 
calculate total emissions according to the procedures in Sec.  
98.93(i)(3) (expressed as a decimal fraction).
* * * * *
dkf = Fraction of fluorinated GHG by-product k destroyed 
or removed in abatement systems connected to process tools in fab f, 
as calculated from Equation I-24B of this subpart, which you used to 
calculate total emissions according to the procedures in Sec.  
98.93(i)(3) (expressed as a decimal fraction).
* * * * *
    (y) * * *
    (2) * * *
    (iv) It must provide any utilization and by-product formation rates 
and/or destruction or removal efficiency data that have been collected 
in the previous 3 years that support the changes in semiconductor 
manufacturing processes described in the report. For any utilization, 
by-product formation rate, and/or destruction or removal efficiency 
data submitted, the report must describe, where available: methods used 
for the measurements, wafer size, film type being manufactured, 
substrate type, the linewidth or technology node, process type, process 
subtype for chamber clean processes, the input gases used and measured, 
the utilization rates measured, and the by-product formation rates 
measured.
* * * * *
0
25. Section 98.97 is amended by revising paragraphs (d)(5) introductory 
text and (d)(7) to read as follows:


Sec.  98.97  Records that must be retained.

* * * * *
    (d) * * *
    (5) In addition to the inventory specified in Sec.  98.96(p), the 
information in paragraphs (d)(5)(i) through (iii) of this section:
* * * * *
    (7) Records of all inputs and results of calculations made to 
determine the average weighted fraction of each gas destroyed or 
removed in the abatement systems for each stack system using Equations 
I-24A and I-24B of this subpart, if applicable. The inputs should 
include an indication of whether each value for destruction or removal 
efficiency is a default value or a measured site-specific value.
* * * * *
0
26. Table I-3 of subpart I is amended to read as follows:

      Table I-3 to Subpart I of Part 98--Default Emission Factors (1-Uij) for Gas Utilization Rates (Uij) and By-Product Formation Rates (Bijk) for
                                              Semiconductor Manufacturing for 150mm and 200 mm Wafer Sizes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Process gas i
       Process type/sub-type        --------------------------------------------------------------------------------------------------------------------
                                       CF4      C2F6     CHF3    CH2F2    C2HF5     CH3F     C3F8     C4F8     NF3      SF6      C4F6     C5F8    C4F8O
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 ETCHING/WAFER CLEANING
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-Ui...............................     0.81     0.72     0.51     0.13    0.064     0.70       NA     0.14     0.19     0.55     0.17    0.072       NA
BCF4...............................       NA     0.10    0.085    0.079    0.077       NA       NA     0.11   0.0040     0.13     0.13       NA       NA
BC2F6..............................    0.046       NA    0.030    0.025    0.024   0.0034       NA    0.037    0.025     0.11     0.11    0.014       NA
BC4F6..............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
BC4F8..............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
BC3F8..............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
BCF8...............................   0.0012       NA   0.0012       NA       NA       NA       NA   0.0086       NA       NA       NA       NA       NA
BCHF3..............................     0.10    0.047       NA    0.049       NA       NA       NA    0.040       NA   0.0012    0.066   0.0039       NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    CHAMBER CLEANING
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                In situ plasma cleaning:
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-Ui...............................     0.92     0.55       NA       NA       NA       NA     0.40     0.10     0.18       NA       NA       NA     0.14

[[Page 2608]]

 
BCF4...............................       NA     0.19       NA       NA       NA       NA     0.20     0.11    0.050       NA       NA       NA     0.13
BCF6...............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA    0.045
BC3F8..............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Remote plasma cleaning:
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-Ui...............................       NA       NA       NA       NA       NA       NA       NA       NA    0.017       NA       NA       NA       NA
BCF4...............................       NA       NA       NA       NA       NA       NA       NA       NA    0.015       NA       NA       NA       NA
BCF6...............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
BC3F8..............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                In situ thermal cleaning:
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-Ui...............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
BCF4...............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
BC2F6..............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
BC3F8..............................       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA       NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: NA = Not applicable; i.e., there are no applicable default emission factor measurements for this gas. This does not necessarily imply that a
  particular gas is not used in or emitted from a particular process sub-type or process type.

Subpart N--Glass Production

0
27. Section 98.144 is amended by revising paragraphs (b), (c), and (d) 
to read as follows:


Sec.  98.144  Monitoring and QA/QC requirements.

* * * * *
    (b) Unless you use the default value of 1.0, you must measure 
carbonate-based mineral mass fractions at least annually to verify the 
mass fraction data provided by the supplier of the raw material; such 
measurements shall be based on sampling and chemical analysis using 
consensus standards that specify X-ray fluorescence. For measurements 
made in years prior to the emissions reporting year 2014, you may also 
use ASTM D3682-01 (Reapproved 2006) Standard Test Method for Major and 
Minor Elements in Combustion Residues from Coal Utilization Processes 
(incorporated by reference, see Sec.  98.7) or ASTM D6349-09 Standard 
Test Method for Determination of Major and Minor Elements in Coal, 
Coke, and Solid Residues from Combustion of Coal and Coke by 
Inductively Coupled Plasma--Atomic Emission Spectrometry (incorporated 
by reference, see Sec.  98.7).
    (c) Unless you use the default value of 1.0, you must determine the 
annual average mass fraction for the carbonate-based mineral in each 
carbonate-based raw material by calculating an arithmetic average of 
the monthly data obtained from raw material suppliers or sampling and 
chemical analysis.
    (d) Unless you use the default value of 1.0, you must determine on 
an annual basis the calcination fraction for each carbonate consumed 
based on sampling and chemical analysis using an industry consensus 
standard. If performed, this chemical analysis must be conducted using 
an x-ray fluorescence test or other enhanced testing method published 
by an industry consensus standards organization (e.g., ASTM, ASME, API, 
etc.).
0
28. Section 98.146 is amended by revising paragraphs (b)(5) 
introductory text and (b)(7) to read as follows:


Sec.  98.146  Data reporting requirements.

* * * * *
    (b) * * *
    (5) Results of all tests, if applicable, used to verify the 
carbonate-based mineral mass fraction for each carbonate-based raw 
material charged to a continuous glass melting furnace, as specified in 
paragraphs (b)(5)(i) through (iii) of this section.
* * * * *
    (7) Method used to determine decimal fraction of calcination, 
unless you used the default value of 1.0.
* * * * *
0
29. Section 98.147 is amended by revising paragraphs (b)(3), (b)(4) 
introductory text, (d)(2), and (d)(3) to read as follows:


Sec.  98.147  Records that must be retained.

* * * * *
    (b) * * *
    (3) Data on carbonate-based mineral mass fractions provided by the 
raw material supplier for all raw materials consumed annually and 
included in calculating process emissions in Equation N-1 of this 
subpart, if applicable.
    (4) Results of all tests, if applicable, used to verify the 
carbonate-based mineral mass fraction for each carbonate-based raw 
material charged to a continuous glass melting furnace, including the 
data specified in paragraphs (b)(4)(i) through (v) of this section.
* * * * *
    (d) * * *
    (2) Annual amount of each carbonate-based raw material charged to 
each continuous glass melting furnace (tons) (Equation N-1 of this 
subpart).
    (3) Decimal fraction of calcination achieved for each carbonate-
based raw material for each continuous glass melting furnace (specify 
the default value, if used, or the value determined according to Sec.  
98.144) (percentage, expressed as a decimal) (Equation N-1 of this 
subpart).

Subpart O--HCFC-22 Production and HFC-23 Destruction

0
30. Section 98.156 is amended by revising paragraphs (a) introductory 
text and (d) to read as follows:


Sec.  98.156  Data reporting requirements.

    (a) In addition to the information required by Sec.  98.3(c), the 
HCFC-22 production facility shall report the following information for 
each HCFC-22 production process:
* * * * *
    (d) If the HFC-23 concentration measured pursuant to Sec.  
98.154(l) is greater than that measured during the performance test 
that is the basis for the destruction efficiency (DE), the facility 
shall report the method used to calculate the revised destruction 
efficiency, specifying whether

[[Page 2609]]

Sec.  98.154(l)(1) or (2) has been used for the calculation.
* * * * *

Subpart P--Hydrogen Production

0
31. Section 98.163 is amended by revising parameter ``CO2'' 
of Equation P-3 in paragraph (b)(3) to read as follows:


Sec.  98.163  Calculating GHG emissions.

* * * * *
    (b) * * *
    (3) * * *
* * * * *
CO2 = Annual CO2 emissions from fuel and 
feedstock consumption (metric tons/yr).
* * * * *
0
32. Section 98.164 is amended by revising paragraph (b)(1) to read as 
follows:


Sec.  98.164  Monitoring and QA/QC requirements.

* * * * *
    (b) * * *
    (1) Calibrate all oil and gas flow meters that are used to measure 
liquid and gaseous fuel and feedstock volumes (except for gas billing 
meters) according to the monitoring and QA/QC requirements for the Tier 
3 methodology in Sec.  98.34(b)(1). Perform oil tank drop measurements 
(if used to quantify liquid fuel or feedstock consumption) according to 
Sec.  98.34(b)(2). Calibrate all solids weighing equipment according to 
the procedures in Sec.  98.3(i).
* * * * *
0
33. Section 98.166 is amended by revising paragraphs (b)(4), (d), and 
(e) to read as follows:


Sec.  98.166  Data reporting requirements.

* * * * *
    (b) * * *
    (4) Annual quantity of ammonia intentionally produced as a desired 
product, if applicable (metric tons).
* * * * *
    (d) Annual quantity of carbon other than CO2 collected 
and transferred off site in either gas, liquid, or solid forms (kg 
carbon), excluding methanol.
    (e) Annual quantity of methanol intentionally produced as a desired 
product, if applicable, (metric tons) for each process unit.

Subpart Q--Iron and Steel Production

0
34. Section 98.173 is amended by revising Equation Q-5 in paragraph 
(b)(1)(v) to read as follows:


Sec.  98.173  Calculating GHG emissions.

* * * * *
    (b) * * *
    (1) * * *
    (v) * * *
    [GRAPHIC] [TIFF OMITTED] TP15JA16.003
    
* * * * *
0
35. Section 98.176 is amended by revising Equation Q-10 in paragraph 
(e)(6)(ii), Equation Q-11 in paragraph (e)(6)(iii), Equation Q-12 in 
paragraph (e)(6)(iv), and the parameter ``n'' of Equation Q-12 in 
paragraph (e)(6)(iv) to read as follows:


Sec.  98.176  Data reporting requirements.

* * * * *
    (e) * * *
    (6) * * *
    (ii) * * *
    [GRAPHIC] [TIFF OMITTED] TP15JA16.004
    
* * * * *
    (iii) * * *
    [GRAPHIC] [TIFF OMITTED] TP15JA16.005
    
* * * * *
    (iv) * * *
    [GRAPHIC] [TIFF OMITTED] TP15JA16.006
    
* * * * *
n = Number of gaseous, liquid, and solid fuel inputs to each process 
unit as used in Equation Q-9 of this subpart.
* * * * *

Subpart S--Lime Manufacturing

0
36. Section 98.196 is amended by revising paragraph (b) introductory 
text and adding paragraphs (b)(19) through (21) to read as follows:


Sec.  98.196  Data reporting requirements.

* * * * *
    (b) If a CEMS is not used to measure CO2 emissions, then 
you must report the information listed in paragraphs (b)(1) through 
(21) of this section.
* * * * *
    (19) Annual emission factors for each lime product type produced.
    (20) Annual emission factors for each calcined byproduct/waste by 
lime type that is sold.
    (21) Annual average results of chemical composition analysis of 
each type of lime product produced and calcined byproduct/waste sold.

[[Page 2610]]

Subpart U--Miscellaneous Uses of Carbonate

0
37. Section 98.216 is amended by revising paragraph (e) introductory 
text to read as follows:


Sec.  98.216  Data reporting requirements.

* * * * *
    (e) If you followed the calculation method of Sec.  98.213(a), you 
must report the information in paragraphs (e)(1) through (3) of this 
section.
* * * * *

Subpart V--Nitric Acid Production

0
38. Section 98.220 is revised to read as follows:


Sec.  98.220  Definition of source category.

    A nitric acid production facility uses one or more trains to 
produce nitric acid. A nitric acid train produces nitric acid through 
the catalytic oxidation of ammonia.
0
39. Section 98.223 is amended by revising paragraph (a)(2) to read as 
follows:


Sec.  98.223  Calculating GHG emissions.

    (a) * * *
    (2) Request Administrator approval for an alternative method of 
determining N2O emissions according to paragraphs (a)(2)(i) 
through (iv) of this section.
    (i) If you received Administrator approval for an alternative 
method of determining N2O emissions in the previous 
reporting year and your methodology is unchanged, your alternative 
method is automatically approved for the next reporting year.
    (ii) You must notify the EPA of your use of a previously approved 
alternative method in your annual report.
    (iii) Otherwise, if you have not received Administrator approval 
for an alternative method of determining N2O emissions in a 
prior reporting year or your methodology has changed, you must submit 
the request within the first 30 days of each subsequent reporting year.
    (iv) If the Administrator does not approve your requested 
alternative method within 150 days of the end of the reporting year, 
you must determine the N2O emissions for the current 
reporting period using the procedures specified in paragraph (a)(1) of 
this section.
* * * * *
0
40. Section 98.226 is amended by revising paragraph (h) to read as 
follows:


Sec.  98.226  Data reporting requirements.

* * * * *
    (h) Abatement technologies used (if applicable) and date of 
installation of abatement technology.
* * * * *

Subpart X--Petrochemical Production

0
41. Section 98.240 is amended by revising paragraph (a) to read as 
follows:


Sec.  98.240  Definition of the source category.

    (a) The petrochemical production source category consists of 
processes as described in paragraphs (a)(1) through (3) of this 
section.
    (1) The petrochemical production source category consists of all 
processes that produce acrylonitrile, carbon black, ethylene, ethylene 
dichloride, ethylene oxide, or methanol, except as specified in 
paragraphs (b) through (g) of this section.
    (2) The petrochemical production source category includes processes 
that produce the petrochemical as an intermediate in the on-site 
production of other chemicals as well as processes that produce the 
petrochemical as an end product for sale or shipment off site.
    (3) When ethylene dichloride and vinyl chloride monomer are 
produced in an integrated process, you may consider the entire 
integrated process to be the petrochemical process for the purpose of 
complying with the mass balance option in Sec.  98.243(c). If you elect 
to consider the integrated process to be the petrochemical process, 
then the mass balance must be performed over the entire integrated 
process.
* * * * *
0
42. Section 98.243 is amended by revising paragraphs (c)(3), (c)(4) 
introductory text, and (c)(4)(i) to read as follows:


Sec.  98.243  Calculating GHG emissions.

* * * * *
    (c) * * *
    (3) Collect a sample of each feedstock and product at least once 
per month and determine the molecular weight (for gaseous materials 
when the quantity is measured in scf) and carbon content of each sample 
according to the procedures of Sec.  98.244(b)(4). If multiple valid 
molecular weight or carbon content measurements are made during the 
monthly measurement period, average them arithmetically. However, if a 
particular liquid or solid feedstock is delivered in lots, and if 
multiple deliveries of the same feedstock are received from the same 
supply source in a given calendar month, only one representative sample 
is required. Alternatively, you may use the results of analyses 
conducted by a feedstock supplier, or product customer, provided the 
sampling and analysis is conducted at least once per month using any of 
the procedures specified in Sec.  98.244(b)(4).
    (4) If you determine that the monthly average concentration of a 
specific compound in a feedstock or product is greater than 99.5 
percent by volume or mass, then as an alternative to the sampling and 
analysis specified in paragraph (c)(3) of this section, you may 
determine molecular weight and carbon content in accordance with 
paragraphs (c)(4)(i) through (iii) of this section.
    (i) Calculate the molecular weight and carbon content assuming 100 
percent of that feedstock or product is the specific compound.
* * * * *
0
43. Section 98.246 is amended by:
0
a. Revising paragraphs (a)(5), (a)(6)(ii), and (a)(6)(iii);
0
b. Adding paragraphs (a)(14) and (15); and
0
c. Revising paragraphs (b)(2), (3), and (8).
    The revisions and additions read as follows:


Sec.  98.246  Data reporting requirements.

* * * * *
    (a) * * *
    (5) Annual quantity of each type of petrochemical produced from 
each process unit (metric tons). If your petrochemical process is an 
integrated ethylene dichloride and vinyl chloride monomer process, 
report either the measured ethylene dichloride production (metric tons) 
or both the measured quantity of vinyl chloride monomer production 
(metric tons) and an estimate of the ethylene dichloride production 
(metric tons).
    (6) * * *
    (ii) Description of each type of measurement device (e.g., flow 
meter, weighing device) used to determine volume or mass in accordance 
with Sec.  98.244(b)(1) through (3).
    (iii) Identification of each method (i.e., method number, title, or 
other description) used to determine volume or mass in accordance with 
Sec.  98.244(b)(1) through (3).
* * * * *
    (14) Annual average of the measurements of the carbon content of 
each feedstock and product.
    (i) For feedstocks and products that are gaseous or solid, report 
this quantity in kg carbon per kg of feedstock or product.
    (ii) For liquid feedstocks and products, report this quantity 
either in units of kg carbon per kg of feedstock or production, or kg C 
per gallon of feedstock or product.

[[Page 2611]]

    (15) For each gaseous feedstock and product, the annual average of 
the measurements of molecular weight in units of kg per kg mole.
    (b) * * *
    (2) For CEMS used on stacks that include emissions from stationary 
combustion units that burn any amount of off-gas from the petrochemical 
process, report the relevant information required under Sec.  
98.36(c)(2) and (e)(2)(vi) for the Tier 4 calculation methodology. 
Section 98.36(c)(2)(ii), (ix) and (x) does not apply for the purposes 
of this subpart.
    (3) For CEMS used on stacks that do not include emissions from 
stationary combustion units, report the information required under 
Sec.  98.36(b)(6), (b)(7), (b)(9)(i), (b)(9)(ii) and (e)(2)(vi).
* * * * *
    (8) Annual quantity of each type of petrochemical produced from 
each process unit (metric tons). If your petrochemical process is an 
integrated ethylene dichloride and vinyl chloride monomer process, 
report either the measured ethylene dichloride production (metric tons) 
or both the measured quantity of vinyl chloride monomer production 
(metric tons) and an estimate of the ethylene dichloride product 
(metric tons).
* * * * *
0
44. Section 98.247 is amended by revising paragraph (a) to read as 
follows:


Sec.  98.247  Records that must be retained.

* * * * *
    (a) If you comply with the CEMS measurement methodology in Sec.  
98.243(b), then you must retain under this subpart the records required 
for the Tier 4 Calculation Methodology in Sec.  98.37, records of the 
procedures used to develop estimates of the fraction of total emissions 
attributable to petrochemical processing and combustion of 
petrochemical process off-gas as required in Sec.  98.246(b), and 
records of any annual average HHV calculations.
* * * * *
0
45. Section 98.248 is amended by revising the definition for 
``Product'' to read as follows:


Sec.  98.248  Definitions.

* * * * *
    Product means each of the following carbon-containing outputs from 
a process: the petrochemical, recovered byproducts, and liquid organic 
wastes that are not combusted onsite. Product does not include process 
vent emissions, fugitive emissions, or wastewater.

Subpart Y--Petroleum Refineries

0
46. Section 98.253 is amended by:
0
a. Revising paragraphs (b) introductory text, (b)(1)(iii)(B), (h)(1) 
introductory text, and (h)(2) introductory text;
0
b. Revising parameters ``0.98'' of Equations Y-16a and Y-16b and 
``0.02'' of Equation Y-17 in paragraph (h)(2); and
0
c. Revising paragraph (i) and paragraph (j) introductory text.
    The revisions read as follows:


Sec.  98.253  Calculating GHG emissions.

* * * * *
    (b) For flares, calculate GHG emissions according to the 
requirements in paragraphs (b)(1) through (3) of this section. All gas 
discharged through the flare stack must be considered for the flare GHG 
emissions calculations with the exception of gas used for the flare 
pilots, which may be excluded.
    (1) * * *
    (iii) * * *
    (B) For periods of normal operation, use the average higher heating 
value measured for the fuel gas used as flare sweep or purge gas for 
the higher heating value of the flare gas. If higher heating value of 
the fuel gas is not measured, the higher heating value of the flare gas 
under normal operations may be estimated from historic data or 
engineering calculations.
* * * * *
    (h) * * *
    (1) For uncontrolled asphalt blowing operations or asphalt blowing 
operations controlled either by vapor scrubbing or by another non-
combustion control device, calculate CO2 and CH4 
emissions using Equations Y-14 and Y-15 of this section, respectively.
* * * * *
    (2) For asphalt blowing operations controlled by either a thermal 
oxidizer, a flare, or other vapor combustion control device, calculate 
CO2 using either Equation Y-16a or Equation Y-16b of this 
section and calculate CH4 emissions using Equation Y-17 of 
this section, provided these emissions are not already included in the 
flare emissions calculated in paragraph (b) of this section or in the 
stationary combustion unit emissions required under subpart C of this 
part (General Stationary Fuel Combustion Sources).
* * * * *

(Eq. Y-16a) * * *
* * * * *
0.98 = Assumed combustion efficiency of the control device.
* * * * *

(Eq. Y-16b) * * *
* * * * *
0.98 = Assumed combustion efficiency of the control device.
* * * * *

(Eq. Y-17) * * *
* * * * *
0.02 = Fraction of methane uncombusted in the controlled stream based 
on assumed 98% combustion efficiency.
* * * * *
    (i) For each delayed coking unit, calculate the CH4 
emissions from delayed decoking operations (venting, draining, 
deheading, and coke-cutting) according to the requirements in 
paragraphs (i)(1) through (5) of this section.
    (1) Determine the typical dry mass of coke produced per cycle from 
company records of the mass of coke produced by the delayed coking 
unit. Alternatively, you may estimate the typical dry mass of coke 
produced per cycle based on the delayed coking unit vessel (coke drum) 
dimensions and typical coke drum outage at the end of the coking cycle 
using Equation Y-18a of this section.
[GRAPHIC] [TIFF OMITTED] TP15JA16.007

Where:

Mcoke = Typical dry mass of coke in the delayed coking 
unit vessel at the end of the coking cycle (metric tons/cycle).
[rho]bulk = Bulk coke bed density (metric tons per cubic 
feet; mt/ft3). Use the default value of 0.0191 mt/ft3.
Hdrum = Internal height of delayed coking unit vessel 
(feet).
Houtage = Typical distance from the top of the delayed 
coking unit vessel to the top of the coke bed (i.e., coke drum 
outage) at the end of the coking cycle (feet) from

[[Page 2612]]

company records or engineering estimates.
D = Diameter of delayed coking unit vessel (feet).

    (2) Determine the typical mass of water in the delayed coking unit 
vessel at the end of the cooling cycle prior to venting to the 
atmosphere using Equation Y-18b of this section.
[GRAPHIC] [TIFF OMITTED] TP15JA16.008

Where:

Mwater = Mass of water in the delayed coking unit vessel 
at the end of the cooling cycle just prior to atmospheric venting 
(metric tons/cycle).
[rho]water = Density of water at average temperature of 
the delayed coking unit vessel at the end of the cooling cycle just 
prior to atmospheric venting (metric tons per cubic feet; mt/ft3). 
Use the default value of 0.0270 mt/ft3.
Hwater = Typical distance from the bottom of the coking 
unit vessel to the top of the water level at the end of the cooling 
cycle just prior to atmospheric venting (feet) from company records 
or engineering estimates.
Mcoke = Typical dry mass of coke in the delayed coking 
unit vessel at the end of the coking cycle (metric tons/cycle) as 
determined in paragraph (i)(1) of this section.
[rho]particle = Particle density of coke (metric tons per 
cubic feet; mt/ft3). Use the default value of 0.0382 mt/ft3.
D = Diameter of delayed coking unit vessel (feet).

    (3) Determine the average temperature of the delayed coking unit 
vessel when the drum is first vented to the atmosphere using either 
Equation Y-18c or Y-18d of this section, as appropriate, based on the 
measurement system available.
[GRAPHIC] [TIFF OMITTED] TP15JA16.009

Where:

Tinitial = Average temperature of the delayed coking unit 
vessel when the drum is first vented to the atmosphere ([deg]F).
Toverhead = Temperature of the delayed coking unit vessel 
overhead line measured as near the coking unit vessel as practical 
just prior to venting to the atmosphere. If the temperature of the 
delayed coking unit vessel overhead line is less than 
216[emsp14][deg]F, use Toverhead = 216[emsp14][deg]F.
Tbottom = Temperature of the delayed coking unit vessel 
near the bottom of the coke bed. If the temperature at the bottom of 
the coke bed is less than 212[emsp14][deg]F, use Tbottom 
= 212[emsp14][deg]F.
[GRAPHIC] [TIFF OMITTED] TP15JA16.010

Where:

Tinitial = Average temperature of the delayed coking unit 
vessel when the drum is first vented to the atmosphere ([deg]F).
Poverhead = Pressure of the delayed coking unit vessel 
just prior to opening the atmospheric vent (pounds per square inch 
gauge, psig).

(4) Determine the typical mass of steam generated and released per 
decoking cycle using Equation Y-18e of this section.
[GRAPHIC] [TIFF OMITTED] TP15JA16.011

Where:

Msteam = Mass of steam generated and released per 
decoking cycle (metric tons/cycle).
fConvLoss = fraction of total heat loss that is due to 
convective heat loss from the sides of the coke vessel (unitless). 
Use the default value of 0.10.
Mwater = Mass of water in the delayed coking unit vessel 
at the end of the cooling cycle just prior to atmospheric venting 
(metric tons/cycle).
Cp,water = Heat capacity of water (British thermal units 
per metric ton per degree Fahrenheit; Btu/mt-[deg]F). Use the 
default value of 2,205 Btu/mt-[deg]F.
Mcoke = Typical dry mass of coke in the delayed coking 
unit vessel at the end of the coking cycle (metric tons/cycle) as 
determined in paragraph (i)(1) of this section.
Cp,coke = Heat capacity of petroleum coke (Btu/mt-
[deg]F). Use the default value of 584 Btu/mt-[deg]F.
Tinitial = Average temperature of the delayed coking unit 
vessel when the drum is first vented to the atmosphere ([deg]F) as 
determined in paragraph (i)(3) of this section.
Tfinal = Temperature of the delayed coking unit vessel 
when steam generation stops ([deg]F). Use the default value of 
212[emsp14][deg]F.
[Delta]Hvap = Heat of vaporization of water (British 
thermal units per metric ton; Btu/mt). Use the default value of 
2,116,000 Btu/mt.

(5) Calculate the CH4 emissions from decoking operations at 
each delayed coking unit using Equation Y-18f of this section.
[GRAPHIC] [TIFF OMITTED] TP15JA16.012


[[Page 2613]]


Where:

CH4 = Annual methane emissions from the delayed coking 
unit decoking operations (metric ton/year).
Msteam = Mass of steam generated and released per 
decoking cycle (metric tons/cycle) as determined in paragraph (i)(3) 
of this section.
EmFDCU = Methane emission factor for delayed coking unit 
(kilograms CH4 per metric ton of steam; kg 
CH4/mt steam) from unit-specific measurement data. If you 
do not have unit-specific measurement data, use the default value of 
7.9 kg CH4/metric ton steam.
N = Cumulative number of decoking cycles (or coke-cutting cycles) 
for all delayed coking unit vessels associated with the delayed 
coking unit during the year.
0.001 = Conversion factor (metric ton/kg).

    (j) For each process vent not covered in paragraphs (a) through (i) 
of this section that can reasonably be expected to contain greater than 
2 percent by volume CO2 or greater than 0.5 percent by 
volume of CH4 or greater than 0.01 percent by volume (100 
parts per million) of N2O, calculate GHG emissions using Equation Y-19 
of this section. You must also use Equation Y-19 of this section to 
calculate CH4 emissions for catalytic reforming unit 
depressurization and purge vents when methane is used as the purge gas, 
and CO2 and/or CH4 emissions, as applicable, if 
you elected this method as an alternative to the methods in paragraphs 
(f), (h), or (k) of this section.
* * * * *
0
47. Section 98.254 is amended by revising paragraph (j), redesignating 
paragraph (k) as paragraph (l), and adding new paragraph (k) to read as 
follows:


Sec.  98.254  Monitoring and QA/QC requirements.

* * * * *
    (j) Determine the quantity of petroleum process streams using 
company records. These quantities include the quantity of coke produced 
per cycle, asphalt blown, quantity of crude oil plus the quantity of 
intermediate products received from off site, and the quantity of 
unstabilized crude oil received at the facility.
    (k) Determine temperature or pressure of delayed coking unit vessel 
using process instrumentation operated, maintained, and calibrated 
according to the manufacturer's instructions.
* * * * *
0
48. Section 98.256 is amended by revising paragraphs (e)(3) and (6), 
(h)(5)(ii)(A), and (k) to read as follows:


Sec.  98.256  Data reporting requirements.

* * * * *
    (e) * * *
    (3) A description of the flare service (general facility flare, 
unit flare, emergency only or back-up flare) and an indication of 
whether or not the flare is serviced by a flare gas recovery system.
* * * * *
    (6) If you use Equation Y-1a in Sec.  98.253, an indication of 
whether daily or weekly measurement periods are used, annual average 
carbon content of the flare gas (in kg carbon per kg flare gas), and, 
either the annual volume of flare gas combusted (in scf/year) and the 
annual average molecular weight (in kg/kg-mole), or, the annual mass of 
flare gas combusted (in kg/yr).
* * * * *
    (h) * * *
    (5) * * *
    (ii) * * *
    (A) The annual volume of recycled tail gas (in scf/year).
* * * * *
    (k) For each delayed coking unit, the owner or operator shall 
report:
    (1) The unit ID number (if applicable).
    (2) Maximum rated throughput of the unit, in bbl/stream day.
    (3) Annual quantity of coke produced in the unit during the 
reporting year, in metric tons.
    (4) The calculated annual CH4 emissions (in metric tons 
of CH4) for the delayed coking unit.
    (5) The total number of delayed coking vessels (or coke drums) 
associated with the delayed coking unit.
    (6) The basis for the typical dry mass of coke in the delayed 
coking unit vessel at the end of the coking cycle (mass measurements 
from company records or calculated using Equation Y-18a of this 
subpart).
    (7) An indication of the method used to estimate the average 
temperature of the coke bed, Tinitial (overhead temperature 
and Equation Y-18c of this subpart or pressure correlation and Equation 
Y-18d of this subpart).
    (8) An indication of whether a unit-specific methane emissions 
factor or the default methane emission factor was used for the delayed 
coking unit.
* * * * *
0
49. Section 98.257 is amended by:
0
a. Revising paragraphs (b) introductory text and (b)(41) through (45);
0
b. Removing paragraph (b)(46)
0
c. Redesignating paragraphs (b)(47) through (67) as paragraphs (b)(53) 
through (73);
0
d. Adding new paragraphs (b)(46) through (52); and
0
e. Revising newly redesignated paragraph (b)(65).
    The revisions and additions read as follows:


Sec.  98.257  Records that must be retained.

* * * * *
    (b) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (b)(1) through (73) of 
this section. Retention of this file satisfies the recordkeeping 
requirement for the data in paragraphs (b)(1) through (73) of this 
section.
* * * * *
    (41) Typical dry mass of coke in the delayed coking unit vessel at 
the end of the coking cycle (metric tons/cycle) from company records or 
calculated using Equation Y-18a of this subpart (Equations Y-18a, Y-18b 
and Y-18e in Sec.  98.253) for each delayed coking unit.
    (42) Internal height of delayed coking unit vessel (feet) (Equation 
Y-18a in Sec.  98.253) for each delayed coking unit.
    (43) Typical distance from the top of the delayed coking unit 
vessel to the top of the coke bed (i.e., coke drum outage) at the end 
of the coking cycle (feet) from company records or engineering 
estimates (Equation Y-18a in Sec.  98.253) for each delayed coking 
unit.
    (44) Diameter of delayed coking unit vessel (feet) (Equations Y-18a 
and Y-18b in Sec.  98.253) for each delayed coking unit.
    (45) Mass of water in the delayed coking unit vessel at the end of 
the cooling cycle prior to atmospheric venting (metric ton/cycle) 
(Equations Y-18b and Y-18e in Sec.  98.253) for each delayed coking 
unit.
    (46) Typical distance from the bottom of the coking unit vessel to 
the top of the water level at the end of the cooling cycle just prior 
to atmospheric venting (feet) from company records or engineering 
estimates (Equation Y-18b in Sec.  98.253) for each delayed coking 
unit.
    (47) Mass of steam generated and released per decoking cycle 
(metric tons/cycle) (Equations Y-18e and Y-18f in Sec.  98.253) for 
each delayed coking unit.
    (48) Average temperature of the delayed coking unit vessel when the 
drum is first vented to the atmosphere ([deg]F) (Equations Y-18c, Y-
18d, and Y-18e in Sec.  98.253) for each delayed coking unit.
    (49) Temperature of the delayed coking unit vessel overhead line 
measured as near the coking unit vessel as practical just prior to 
venting the atmosphere (Equation Y-18c in Sec.  98.253) for each 
delayed coking unit.
    (50) Pressure of the delayed coking unit vessel just prior to 
opening the atmospheric vent (psig) (Equation Y-18d in Sec.  98.253) 
for each delayed coking unit.

[[Page 2614]]

    (51) Methane emission factor for delayed coking unit (kilograms 
CH4 per metric ton of steam; kg CH4/mt steam) 
(Equation Y-18f in Sec.  98.253) for each delayed coking unit.
    (52) Cumulative number of decoking cycles (or coke-cutting cycles) 
for all delayed coking unit vessels associated with the delayed coking 
unit during the year (Equation Y-18f in Sec.  98.253) for each delayed 
coking unit.
* * * * *
    (65) Specify whether the calculated or default loading factor L 
specified in Sec.  98.253(n) is entered, for each liquid loaded to each 
vessel (methods specified in Sec.  98.253(n)).
* * * * *

Subpart Z--Phosphoric Acid Production

0
50. Section 98.266 is amended by revising paragraph (f)(3) to read as 
follows:


Sec.  98.266  Data reporting requirements.

* * * * *
    (f) * * *
    (3) Annual phosphoric acid production capacity (tons) for each wet-
process phosphoric acid process line.
* * * * *

Subpart AA--Pulp and Paper Manufacturing

0
51. Section 98.273 is amended by revising paragraphs (a)(1), (b)(1), 
and (c)(1) to read as follows:


Sec.  98.273  Calculating GHG emissions.

    (a) * * *
    (1) Calculate fossil fuel-based CO2 emissions from 
direct measurement of fossil fuels consumed and default emissions 
factors according to the Tier 1 methodology for stationary combustion 
sources in Sec.  98.33(a)(1). Tiers 2 or 3 from Sec.  98.33(a)(2) or 
(3) may be used to calculate fossil fuel-based CO2 emissions 
if the respective monitoring and QA/QC requirements described in Sec.  
98.34 are met.
* * * * *
    (b) * * *
    (1) Calculate fossil CO2 emissions from fossil fuels 
from direct measurement of fossil fuels consumed and default emissions 
factors according to the Tier 1 Calculation Methodology for stationary 
combustion sources in Sec.  98.33(a)(1). Tiers 2 or 3 from Sec.  
98.33(a)(2) or (3) may be used to calculate fossil fuel-based 
CO2 emissions if the respective monitoring and QA/QC 
requirements described in Sec.  98.34 are met.
* * * * *
    (c) * * *
    (1) Calculate CO2 emissions from fossil fuel from direct 
measurement of fossil fuels consumed and default HHV and default 
emissions factors, according to the Tier 1 Calculation Methodology for 
stationary combustion sources in Sec.  98.33(a)(1). Tiers 2 or 3 from 
Sec.  98.33(a)(2) or (3) may be used to calculate fossil fuel-based 
CO2 emissions if the respective monitoring and QA/QC 
requirements described in Sec.  98.34 are met.
* * * * *
0
52. Section 98.275 is amended by revising paragraph (b) to read as 
follows:


Sec.  98.275  Procedures for estimating missing data.

* * * * *
    (b) For missing measurements of the mass of spent liquor solids or 
spent pulping liquor flow rates, use the lesser value of either the 
maximum mass or fuel flow rate for the combustion unit, or the maximum 
mass or flow rate that the fuel meter can measure. Alternatively, 
records of the daily spent liquor solids firing rate obtained to comply 
with Sec.  63.866(c)(1) of this chapter may be used, adjusting for the 
duration of the missing measurements, as appropriate.
* * * * *
0
53. Table AA-2 to Subpart AA of Part 98 is amended by:
0
a. Revising the column headings for ``Kraft lime kilns'' and ``Kraft 
calciners'';
0
b. Revising the entry for ``Petroleum coke''; and
0
c. Revising the footnotes.
    The revisions read as follows:

       Table AA-2 to Subpart AA of Part 98--Kraft Lime Kiln and Calciner Emissions Factors for CH4 and N2O
----------------------------------------------------------------------------------------------------------------
                                                      Fossil fuel-based emissions factors (kg/mmBtu HHV)
                                             -------------------------------------------------------------------
                    Fuel                           Kraft rotary lime kilns             Kraft calciners \a\
                                             -------------------------------------------------------------------
                                                    CH4              N2O              CH4              N2O
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Petroleum coke..............................          0.0027                0           \b\ NA           \b\ NA
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes, for example, fluidized bed calciners at kraft mills.
\b\ Emission factors for kraft calciners are not available.

Subpart CC--Soda Ash Manufacturing

0
54. Section 98.294 is amended by revising paragraph (a)(2) to read as 
follows:


Sec.  98.294  Monitoring and QA/QC requirements.

* * * * *
    (a) * * *
    (2) Measure the mass of trona input to each soda ash manufacturing 
line on a monthly basis using belt scales or methods used for 
accounting purposes.
* * * * *
0
55. Section 98.296 is amended by revising paragraph (a)(1) and adding 
paragraph (b)(5) to read as follows:


Sec.  98.296  Data reporting requirements.

* * * * *
    (a) * * *
    (1) Annual consumption of trona or liquid alkaline feedstock at the 
facility level (tons).
* * * * *
    (b) * * *
    (5) Annual consumption of trona or liquid alkaline feedstock at the 
facility level (tons).
* * * * *

[[Page 2615]]

Subpart DD--Electrical Transmission and Distribution Equipment Use

0
56. Section 98.306 is amended by revising paragraphs (a)(2) and (3) and 
adding paragraphs (a)(4), (a)(5), (m), and (n) to read as follows:


Sec.  98.306  Data reporting requirements.

* * * * *
    (a) * * *
    (2) New hermetically sealed-pressure switchgear during the year.
    (3) New SF6- or PFC-insulated equipment other than 
hermetically sealed-pressure switchgear during the year.
    (4) Retired hermetically sealed-pressure switchgear during the 
year.
    (5) Retired SF6- or PFC-insulated equipment other than 
hermetically sealed-pressure switchgear during the year.
* * * * *
    (m) State(s) or territory in which the facility lies and total 
miles of transmission and distribution lines located within each state 
or territory.
    (n) The following numbers of pieces of equipment:
    (1) New hermetically sealed-pressure switchgear during the year.
    (2) New SF6- or PFC-insulated equipment other than 
hermetically sealed-pressure switchgear during the year.
    (3) Retired hermetically sealed-pressure switchgear during the 
year.
    (4) Retired SF6- or PFC-insulated equipment other than 
hermetically sealed-pressure switchgear during the year.

Subpart FF--Underground Coal Mines

0
57. Section 98.323 is amended by:
0
a. Revising parameter ``n'' of Equation FF-1 in paragraph (a);
0
b. Revising paragraph (a)(1) introductory text and paragraph (a)(2);
0
c. Revising parameter ``CH4D'' and ``n'' of Equation FF-3 in 
paragraph (b); and
0
d. Revising paragraph (b)(1) and paragraph (b)(2) introductory text.
    The revisions and additions read as follows:


Sec.  98.323  Calculating GHG emissions.

    (a) * * *
* * * * *
n = The number of days in the quarter where active ventilation of 
mining operations is taking place at the monitoring point. To obtain 
the number of days in the quarter, divide the total number of hours 
in the quarter where active ventilation is taking place by 24 hours 
per day.
* * * * *
    (1) The quarterly periods are:
* * * * *
    (2) Values of V, C, T, P, and, if applicable, (fH2O), 
must be based on measurements taken at least once each quarter with no 
fewer than 6 weeks between measurements. If measurements are taken more 
frequently than once per quarter, then use the average value for all 
measurements taken that quarter. If continuous measurements are taken, 
then use the average value over the time period of continuous 
monitoring.
* * * * *
    (b) * * *
* * * * *
CH4D = Weekly CH4 liberated from the 
monitoring point (metric tons CH4).
* * * * *
n = The number of days in the week that the system is operational at 
that measurement point. To obtain the number of days in the week, 
divide the total number of hours that the system is operational by 
24 hours per day.
* * * * *
    (1) Values for V, C, T, P, and, if applicable, (fH2O), 
must be based on measurements taken at least once each calendar week 
with at least 3 days between measurements. If measurements are taken 
more frequently than once per week, then use the average value for all 
measurements taken that week. If continuous measurements are taken, 
then use the average values over the time period of continuous 
monitoring when the continuous monitoring equipment is properly 
functioning.
    (2) Quarterly total CH4 liberated from degasification 
systems for the mine must be determined as the sum of CH4 
liberated determined at each of the monitoring points in the mine, 
summed over the number of weeks in the quarter, as follows:
* * * * *
0
58. Section 98.324 is amended by:
0
a. Revising paragraph (b)(1);
0
b. Removing and reserving paragraph (b)(2); and
0
c. Revising paragraph (h).
    The revisions read as follows:


Sec.  98.324  Monitoring and QA/QC requirements.

* * * * *
    (b) * * *
    (1) Collect quarterly or more frequent grab samples (with no fewer 
than 6 weeks between measurements) for methane concentration and make 
quarterly measurements of flow rate, temperature, pressure, and, if 
applicable, moisture content. The sampling and measurements must be 
made at the same locations as Mine Safety and Health Administration 
(MSHA) inspection samples are taken, and should be taken when the mine 
is operating under normal conditions. You must follow MSHA sampling 
procedures as set forth in the MSHA Handbook entitled, Coal Mine Safety 
and Health General Inspection Procedures Handbook Number: PH13-V-1, 
February 2013 (incorporated by reference, see Sec.  98.7). You must 
record the date of sampling, flow, temperature, pressure, and moisture 
measurements, the methane concentration (percent), the bottle number of 
samples collected, and the location of the measurement or collection.
* * * * *
    (h) The owner or operator shall document the procedures used to 
ensure the accuracy of gas flow rate, gas composition, temperature, 
pressure, and moisture content measurements. These procedures include, 
but are not limited to, calibration of flow meters, and other 
measurement devices. The estimated accuracy of measurements and the 
technical basis for the estimated accuracy shall be recorded.
0
59. Section 98.326 is amended by revising paragraphs (f) through (i), 
(o), (r)(2) and (r)(3), and adding paragraph (u) to read as follows:


Sec.  98.326  Data reporting requirements.

* * * * *
    (f) Quarterly volumetric flow rate for each ventilation monitoring 
point and units of measure (scfm or acfm), date and location of each 
measurement, and method of measurement (quarterly sampling or 
continuous monitoring), used in Equation FF-1 of this subpart. Specify 
whether the volumetric flow rate measurement at each ventilation 
monitoring point is on dry basis or wet basis; or, if a flow meter is 
used, indicate whether or not the flow meter automatically corrects for 
moisture content.
    (g) Quarterly CH4 concentration for each ventilation 
monitoring point, dates and locations of each measurement, and method 
of measurement (sampling or continuous monitoring). Specify whether the 
CH4 concentration measurement at each ventilation monitoring 
point is on dry basis or wet basis.
    (h) Weekly volumetric flow rate used to calculate CH4 
liberated from degasification systems and units of measure (acfm or 
scfm), and method of measurement (sampling or continuous monitoring), 
used in Equation FF-3 of this subpart. Specify whether the volumetric 
flow rate measurement at each degasification monitoring point is on dry 
basis or wet basis; or, if a flow meter is used, indicate whether or 
not

[[Page 2616]]

the flow meter automatically corrects for moisture content.
    (i) Quarterly CH4 concentration (%) used to calculate 
CH4 liberated from degasification systems, and if the data 
is based on CEMS or weekly sampling. Specify whether the CH4 
concentration measurement at each degasification monitoring point is on 
dry basis or wet basis.
* * * * *
    (o) Temperature ([deg]R), pressure (atm), moisture content (if 
applicable), and the moisture correction factor (if applicable) used in 
Equations FF-1 and FF-3 of this subpart; and the gaseous organic 
concentration correction factor, if Equation FF-9 of this subpart was 
required. Moisture content is required to be reported only if 
CH4 concentration is measured on a wet basis and volumetric 
flow is measured on a dry basis, if CH4 concentration is 
measured on a dry basis and volumetric flow is measured on a wet basis; 
or, if a flow meter is used, the flow meter does not automatically 
correct for moisture content.
* * * * *
    (r) * * *
    (2) Start date and close date of each well, shaft, and vent hole. 
If the well, shaft, or vent hole is operating through the end of the 
reporting year, December 31st of the reporting year shall be the close 
date for purposes of reporting.
    (3) Number of days the well, shaft, or vent hole was in operation 
during the reporting year. To obtain the number of days in the 
reporting year, divide the total number of hours that the system was in 
operation by 24 hours per day.
* * * * *
    (u) Annual coal production in short tons for the reporting year.

Subpart HH--Municipal Solid Waste Landfills

0
60. Section 98.346 is amended by revising paragraphs (f), (i)(5), and 
(i)(7), and adding paragraph (i)(13) to read as follows:


Sec.  98.346  Data reporting requirements.

* * * * *
    (f) The surface area of the landfill containing waste (in square 
meters), identification of the type(s) of cover material used (as 
either organic cover, clay cover, sand cover, or other soil mixtures).
* * * * *
    (i) * * *
    (5) An indication of whether destruction occurs at the landfill 
facility, off-site, or both. If destruction occurs at the landfill 
facility, also report for each measurement location:
    (i) The number of destruction devices associated with the 
measurement location.
    (ii) The annual operating hours of the gas collection system 
associated with the measurement location,
    (iii) For each destruction device associated with the measurement 
location, report:
    (A) The destruction efficiency (decimal).
    (B) The annual operating hours where active gas flow was sent to 
the destruction device.
* * * * *
    (7) A description of the gas collection system (manufacturer, 
capacity, and number of wells), the surface area (square meters) and 
estimated waste depth (meters) for each area specified in Table HH-3 to 
this subpart, the estimated gas collection system efficiency for 
landfills with this gas collection system and an indication of whether 
the gas collection efficiency was determined on an area-weighted 
average basis (Option 1) or a volume-weighted average basis (Option 2), 
and an indication of whether passive vents and/or passive flares (vents 
or flares that are not considered part of the gas collection system as 
defined in Sec.  98.6) are present at the landfill.
* * * * *
    (13) Methane emissions for the landfill (i.e., the subpart HH total 
methane emissions). Choose the methane emissions from either Equation 
HH-6 of this subpart or Equation HH-8 of this subpart that best 
represents the emissions from the landfill. If the quantity of 
recovered CH4 from Equation HH-4 of this subpart is used as 
the value of GCH4 in Equation HH-6 of this subpart, use the 
methane emissions calculated using Equation HH-8 of this subpart as the 
methane emissions for the landfill.
0
61. Section 98.348 is amended by adding definitions for ``Active 
venting,'' ``Alternative final cover,'' ``Intermediate or interim 
cover,'' and ``Passive vent'' in alphabetical order to read as follows:


Sec.  98.348  Definitions.

* * * * *
    Active venting means a pipe or a system of pipes used with a fan or 
similar mechanical draft equipment (forced convection) used to actively 
assist the flow of landfill gas to the surface of the landfill where 
the landfill gas is discharged either directly to the atmosphere or to 
a non-combustion control device (such as a carbon absorber) and then to 
the atmosphere.
    Alternative final cover means materials, other than soil, used at a 
landfill that meets final closure regulations of the competent federal, 
state, or local authority. Alternative final covers may include, but 
are not limited to, evapotranspiration covers, capillary barrier 
covers, asphalt covers, or concrete covers. The state, local, or other 
agency responsible for permitting the landfill determines whether an 
alternative final cover meets the applicable regulatory requirements 
and has been shown to adequately protect human health and the 
environment.
* * * * *
    Intermediate or interim cover means the placement of material over 
waste in a landfill for a period of time prior to the disposal of 
additional waste and/or final closure as defined by state regulation, 
permit, guidance or written plan, or state accepted best management 
practice.
* * * * *
    Passive vent means a pipe or a system of pipes that allows landfill 
gas to flow naturally, without the use of a fan or similar mechanical 
draft equipment, to the surface of the landfill where an opening or 
pipe (vent) allows for the free flow of landfill gas to the atmosphere 
or to a passive vent flare without diffusion through the top layer of 
surface soil.
* * * * *
0
62. Table HH-3 to Subpart HH of Part 98 is amended by:
0
a. Revising the entry for ``A5'';
0
b. Removing the entry ``Area weighted average collection efficiency for 
landfills''; and
0
c. Adding heading ``Weighted average collection efficiency for 
landfills'' and entries for ``Option 1'' and ``Option 2'' after the 
entry for ``A5''.
    The revision and additions read as follows:

      Table HH-3 to Subpart HH of Part 98--Landfill Gas Collection
                              Efficiencies
------------------------------------------------------------------------
                                             Landfill gas collection
              Description                           efficiency
------------------------------------------------------------------------
 

[[Page 2617]]

 
                              * * * * * * *
A5: Area with a final soil cover of 3    CE5: 95%.
 feet or thicker of clay or alternative
 final cover (as approved by the
 relevant agency) and/or geomembrane
 cover system and active gas collection.
------------------------------------------------------------------------
          Weighted average collection efficiency for landfills:
------------------------------------------------------------------------
Option 1: Area weighted average          CEave1 = (A2*CE2 + A3*CE3 +
 collection efficiency for landfills.     A4*CE4 + A5*CE5)/(A2 + A3 + A4
                                          + A5).
Option 2: Volume weighted average        CEave1 = (A2*D2*CE2 + A3*D3*CE3
 collection efficiency for landfills,     + A4*D4*CE4 + A5*D5*CE5)/
 where D2, D3, D4 and D5 are the waste    (A2*D2 + A3*D3 + A4*D4 +
 depths for areas A2, A3, A4 and A5,      A5*D5).
 respectively, as described in this
 table..
------------------------------------------------------------------------

0
63. Table HH-4 to Subpart HH of Part 98 is amended by:
0
a. Revising the entries ``C2'' through ``C7'';
0
b. Redesignating footnote ``a'' as footnote ``b''; and
0
c. Adding new footnote ``a''.
    The revisions and additions read as follows:

     Table HH-4 to Subpart HH of Part 98--Landfill Methane Oxidation
                                Fractions
------------------------------------------------------------------------
                                                       Use this landfill
               Under these conditions:                 methane oxidation
                                                           fraction:
------------------------------------------------------------------------
 
                              * * * * * * *
C2: For landfills that have an alternative final                     0.0
 cover (approved by the relevant agency) and/or a
 geomembrane (synthetic) cover with less than 12
 inches of cover soil for greater than 50% of the
 landfill area containing waste......................
C3: For landfills that do not meet the conditions in                0.10
 C2 above and for which you elect not to determine
 methane flux, or for landfills with passive vents/
 passive flares that service greater than 50% of the
 landfill area containing waste, or for landfills
 with only passive vents/passive flares or active
 venting.............................................
C4: For landfills that do not meet the conditions in                0.10
 C2 above and that do not have intermediate or
 interim cover a for greater than 50% of the landfill
 area containing waste...............................
C5: For landfills that have intermediate or interim                 0.35
 cover a for greater than 50% of the landfill area
 containing waste and for which the methane flux rate
 b is less than 10 grams per square meter per day (g/
 m2/d)...............................................
C6: For landfills that have intermediate or interim                 0.25
 cover a for greater than 50% of the landfill area
 containing waste and for which the methane flux rate
 b is 10 to 70 g/m2/d................................
C7: For landfills that have intermediate or interim                 0.10
 cover a for greater than 50% of the landfill area
 containing waste and for which the methane flux rate
 b is greater than 70 g/m2/d.........................
------------------------------------------------------------------------
\a\ Where a landfill is located in a state that does not have an
  intermediate or interim cover requirement, the landfill must have soil
  cover of 12 inches or greater in order to use an oxidation fraction of
  0.25 or 0.35.
\b\ Methane flux rate (in grams per square meter per day; g/m2/d) is the
  mass flow rate of methane per unit area at the bottom of the surface
  soil prior to any oxidation and is calculated as follows:

  [GRAPHIC] [TIFF OMITTED] TP15JA16.013
  

[[Page 2618]]

Where:

MF = Methane flux rate from the landfill in the reporting year 
(grams per square meter per day, g/m\2\/d).
K = unit conversion factor = 10\6\/365 (g/metric ton per days/year) 
or 10\6\/366 for a leap year.
SArea = The surface area of the landfill containing waste at the 
beginning of the reporting year (square meters, m\2\).
GCH4 = Modeled methane generation rate in reporting year 
from Equation HH-1 of this subpart or Equation TT-1 of subpart TT of 
this part, as applicable, except for application with Equation HH-6 
of this subpart (metric tons CH4). For application with 
Equation HH-6 of this subpart, the greater of the modeled methane 
generation rate in reporting year from Equation HH-1 of this subpart 
or Equation TT-1 of this part, as applicable, and the quantity of 
recovered CH4 from Equation HH-4 of this subpart (metric 
tons CH4).
CE = Collection efficiency estimated at landfill, taking into 
account system coverage, operation, and cover system materials from 
Table HH-3 of this subpart. If area by soil cover type information 
is not available, use default value of 0.75 (CE4 in table HH-3 of 
this subpart) for all areas under active influence of the collection 
system.
N = Number of landfill gas measurement locations (associated with a 
destruction device or gas sent off-site). If a single monitoring 
location is used to monitor volumetric flow and CH4 
concentration of the recovered gas sent to one or multiple 
destruction devices, then N = 1.
Rn = Quantity of recovered CH4 from Equation 
HH-4 of this subpart for the nth measurement location (metric tons).
fRec,n = Fraction of hours the recovery system associated 
with the nth measurement location was operating (annual operating 
hours/8760 hours per year or annual operating hours/8784 hours per 
year for a leap year).

Subpart II--Industrial Wastewater Treatment

0
64. Section 98.356 is amended by revising paragraph (a) introductory 
text and adding paragraph (b)(6) to read as follows:


Sec.  98.356  Data reporting requirements.

* * * * *
    (a) Identify the anaerobic processes used in the industrial 
wastewater treatment system to treat industrial wastewater and 
industrial wastewater treatment sludge, provide a unique identifier for 
each anaerobic process, indicate the average depth in meters of each 
anaerobic lagoon, and indicate whether biogas generated by each 
anaerobic process is recovered. Provide a description or diagram of the 
industrial wastewater treatment system, identifying the processes used, 
indicating how the processes are related to each other, and providing a 
unique identifier for each anaerobic process. Each anaerobic processes 
must be identified as one of the following:
* * * * *
    (b) * * *
    (6) If the facility performs an ethanol production processing 
operation as defined in Sec.  98.358, you must indicate if the facility 
uses a wet milling process or a dry milling process.
* * * * *
0
65. Section 98.358 is amended by adding definitions for ``Dry 
milling,'' ``Wet milling,'' and ``Weekly average'' in alphabetical 
order to read as follows:


Sec.  98.358  Definitions.

* * * * *
    Dry milling means the process in which shelled corn is milled by 
dry process, without an initial steeping step.
* * * * *
    Wet milling means the process in which shelled corn is steeped in a 
dilute solution of sulfurous acid (sulfur dioxide dissolved in water) 
prior to further processing.
    Weekly average means the sum of all values measured in a calendar 
week divided by the number of measurements.

Subpart LL--Suppliers of Coal-Based Liquid Fuels

0
66. Section 98.382 is revised to read as follows:


Sec.  98.382  GHGs to report.

    Suppliers of coal-based liquid fuels must report the CO2 
emissions that would result from the complete combustion or oxidation 
of fossil-fuel products (besides coal or crude oil) produced, used as 
feedstock, imported, or exported during the calendar year. 
Additionally, producers must report CO2 emissions that would 
result from the complete combustion or oxidation of any biomass co-
processed with fossil fuel-based feedstocks.
0
67. Section 98.383 is revised to read as follows:


Sec.  98.383  Calculating GHG emissions.

    Suppliers of coal-based liquid fuels must follow the calculation 
methods of Sec.  98.393 as if they applied to the appropriate coal-to-
liquid product supplier (i.e., calculation methods for refiners apply 
to producers of coal-to-liquid products and calculation methods for 
importers and exporters of petroleum products apply to importers and 
exporters of coal-to-liquid products).
    (a) In calculation methods in Sec.  98.393 for petroleum products 
or petroleum-based products, suppliers of coal-to-liquid products shall 
also include coal-to-liquid products.
    (b) In calculation methods in Sec.  98.393 for non-crude feedstocks 
or non-crude petroleum feedstocks, producers of coal-to-liquid products 
shall also include coal-to-liquid products that enter the facility to 
be further processed or otherwise used on site.
    (c) In calculation methods in Sec.  98.393 for petroleum 
feedstocks, suppliers of coal-to-liquid products shall also include 
coal and coal-to-liquid products that enter the facility to be further 
processed or otherwise used on site.
0
68. Section 98.384 is revised to read as follows:


Sec.  98.384  Monitoring and QA/QC requirements.

    Suppliers of coal-based liquid fuels must follow the monitoring and 
QA/QC requirements in Sec.  98.394 as if they applied to the 
appropriate coal-to-liquid product supplier. Any monitoring and QA/QC 
requirement for petroleum products in Sec.  98.394 also applies to 
coal-to-liquid products.
0
69. Section 98.385 is revised to read as follows:


Sec.  98.385  Procedures for estimating missing data.

    Suppliers of coal-based liquid fuels must follow the procedures for 
estimating missing data in Sec.  98.395 as if they applied to the 
appropriate coal-to-liquid product supplier. Any procedure for 
estimating missing data for petroleum products in Sec.  98.395 also 
applies to coal-to-liquid products.
0
70. Section 98.386 is amended by:
0
a. Removing and reserving paragraphs (a)(4) and (8);
0
b. Revising paragraphs (a)(9) introductory text, (a)(10) introductory 
text, and (a)(11) introductory text;
0
c. Removing and reserving paragraph (a)(15);
0
d. Revising paragraph (a)(20);
0
e. Removing and reserving paragraph (b)(4);
0
f. Revising paragraphs (b)(5) introductory text and (b)(6) introductory 
text;
0
g. Removing and reserving paragraph (c)(4); and
0
h. Revising paragraphs (c)(5) introductory text and (c)(6) introductory 
text.
    The revisions read as follows:


Sec.  98.386  Data reporting requirements.

* * * * *
    (a) * * *
    (9) For every feedstock reported in paragraph (a)(2) of this 
section for which Calculation Method 2 in

[[Page 2619]]

Sec.  98.393(f)(2) was used to determine an emissions factor, report:
* * * * *
    (10) For every non-solid feedstock reported in paragraph (a)(2) of 
this section for which Calculation Method 2 in Sec.  98.393(f)(2) was 
used to determine an emissions factor, report:
* * * * *
    (11) For every product reported in paragraph (a)(6) of this section 
for which Calculation Method 2 in Sec.  98.393(f)(2) was used to 
determine an emissions factor, report:
* * * * *
    (20) Annual quantity of bulk NGLs in metric tons or barrels 
received for processing during the reporting year. Report only 
quantities of bulk NGLs not reported in paragraph (a)(2) of this 
section.
    (b) * * *
    (5) For each product reported in paragraph (b)(2) of this section 
for which Calculation Method 2 in Sec.  98.393(f)(2) used was used to 
determine an emissions factor, report:
* * * * *
    (6) For each non-solid product reported in paragraph (b)(2) of this 
section for which Calculation Method 2 in Sec.  98.393(f)(2) was used 
to determine an emissions factor, report:
* * * * *
    (c) * * *
    (5) For each product reported in paragraph (c)(2) of this section 
for which Calculation Method 2 in Sec.  98.393(f)(2) was used to 
determine an emissions factor, report:
* * * * *
    (6) For each non-solid product reported in paragraph (c)(2) of this 
section for which Calculation Method 2 in Sec.  98.393(f)(2) used was 
used to determine an emissions factor, report:
* * * * *
0
71. Section 98.387 is revised to read as follows:


Sec.  98.387  Records that must be retained.

    Suppliers of coal-based liquid fuels must retain records according 
to the requirements in Sec.  98.397 as if they applied to the 
appropriate coal-to-liquid product supplier (e.g., retaining copies of 
all reports submitted to EPA under Sec.  98.386 and records to support 
information contained in those reports). Any records for petroleum 
products that are required to be retained in Sec.  98.397 are also 
required for coal-to-liquid products.

Subpart MM--Suppliers of Petroleum Products


Sec.  98.395  [Amended]

0
72. Section 98.395 is amended by removing paragraph (c).

Subpart NN--Suppliers of Natural Gas and Natural Gas Liquids

0
73. Section 98.401 is revised to read as follows:


Sec.  98.401  Reporting threshold.

    Any supplier of natural gas and natural gas liquids that meets the 
requirements of Sec.  98.2(a)(4) must report GHG emissions associated 
with the products they supply.
0
74. Section 98.403 is amended by:
0
a. Revising paragraph (a)(1) introductory text;
0
b. Removing parameter ``CO2.'' of Equation NN-1 in paragraph 
(a)(1) and adding in its place a parameter for ``CO2i'';
0
c. Revising paragraph (a)(2) introductory text;
0
d. Removing parameter ``CO2.'' of Equation NN-2 in paragraph 
(a)(2) and adding in its place a parameter for ``CO2i'';
0
e. Removing parameter ``CO2.'' of Equation NN-3 in paragraph 
(b)(1) and adding in its place a parameter for ``CO2j'';
0
f. Revising parameter ``Fuel'' of Equation NN-3 in paragraph (b)(1);
0
g. Removing parameter ``CO2.'' of Equation NN-4 in paragraph 
(b)(2)(ii) and adding in its place a parameter for ``CO2k'';
0
g. Removing parameter ``CO2.'' of Equation NN-5a in 
paragraph (b)(3)(i) and adding in its place a parameter for 
``CO2l'';
0
h. Revising parameter ``EF'' of Equation NN-5a in paragraph (b)(3)(i);
0
i. Removing parameter ``CO2.'' of Equation NN-5b in 
paragraph (b)(3)(ii) and adding in its place a parameter for 
``CO2n'';
0
j. Revising the parameters of Equation NN-6 in paragraph (b)(4);
0
k. Removing parameter ``CO2.'' of Equation NN-7 in paragraph 
(c)(1)(ii) and adding in its place a parameter for ``CO2m'';
0
l. Revising parameter ``Fuelg'' of Equation NN-7 in 
paragraph (c)(1)(ii); and
0
m. Revising the parameters of Equation NN-8 in paragraph (c)(2).
    The revisions read as follows:


Sec.  98.403  Calculating GHG emissions.

    (a) * * *
    (1) Calculation Methodology 1. NGL fractionators shall estimate 
CO2 emissions that would result from the complete combustion 
or oxidation of the product(s) supplied using Equation NN-1 of this 
section. The annual volume of each NGL product supplied (Fuelh) shall 
include any amount of that NGL supplied in a mixture or blend of two or 
more products listed in Tables NN-1 and NN-2 of this subpart. The 
annual volume of each NGL product supplied shall exclude any amount of 
that NGL contained in bulk NGLs exiting the facility not fractionated 
by the reporter (e.g., y-grade, o-grade, and other bulk NGLs). LDCs 
shall estimate CO2 emissions that would result from the 
complete combustion or oxidation of the natural gas received at the 
city gate (including natural gas that is transported by, but not owned 
by, the reporter) using Equation NN-1 of this section. For each 
product, use the default value for higher heating value and 
CO2 emission factor in Table NN-1 of this subpart. 
Alternatively, for each product, a reporter-specific higher heating 
value and CO2 emission factor may be used, in place of one 
or both defaults provided they are developed using methods outlined in 
Sec.  98.404. For each product, you must use the same volume unit 
throughout the equation.
* * * * *
CO2i = Annual CO2 mass emissions that would 
result from the combustion or oxidation of each product ``h'' for 
redelivery to all recipients (metric tons).
* * * * *
    (2) Calculation Methodology 2. NGL fractionators shall estimate 
CO2 emissions that would result from the complete combustion 
or oxidation of the product(s) supplied using Equation NN-2 of this 
section. The annual volume of each NGL product supplied 
(Fuelh) shall include any amount of that NGL supplied in a 
mixture or blend of two or more products listed in Tables NN-1 and NN-2 
of this subpart. The annual volume of each NGL product supplied shall 
exclude any amount of that NGL contained in bulk NGLs exiting the 
facility not fractionated by the reporter (e.g., y-grade, o-grade, and 
other bulk NGLs). LDCs shall estimate CO2 emissions that 
would result from the complete combustion or oxidation of the natural 
gas received at the city gate (including natural gas that is 
transported by, but not owned by, the reporter) using Equation NN-2 of 
this section. For each product, use the default CO2 emission 
factor found in Table NN-2 of this subpart. Alternatively, for each 
product, a reporter-specific CO2 emission factor may be used 
in place of the default factor, provided it is developed using methods 
outlined in Sec.  98.404. For each

[[Page 2620]]

product, you must use the same volume unit throughout the equation.
* * * * *
CO2i = Annual CO2 mass emissions that would 
result from the combustion or oxidation of each product ``h'' 
(metric tons)
* * * * *
    (b) * * *
    (1) * * *
* * * * *
CO2j = Annual CO2 mass emissions that would 
result from the combustion or oxidation of natural gas for 
redelivery to transmission pipelines or other LDCs (metric tons).
Fuel = Total annual volume of natural gas supplied to downstream gas 
transmission pipelines and other local distribution companies (Mscf 
per year).
* * * * *
    (2) * * *
    (ii) * * *
* * * * *
CO2k = Annual CO2 mass emissions that would 
result from the combustion or oxidation of natural gas delivered to 
each large end-user k, as defined in paragraph (b)(2)(i) of this 
section (metric tons).
* * * * *
    (3) * * *
    (i) * * *
* * * * *
CO2l = Annual CO2 mass emissions that would 
result from the combustion or oxidation of the net change in natural 
gas stored on system by the LDC within the reporting year (metric 
tons).
* * * * *
EF = CO2 emission factor for natural gas placed into/
removed from storage (MT CO2/Mscf).

    (ii) * * *
* * * * *
CO2n = Annual CO2 mass emissions that would 
result from the combustion or oxidation of natural gas received that 
bypassed the city gate and is not otherwise accounted for by 
Equation NN-1 or NN-2 of this section (metric tons).
* * * * *
    (4) * * *
* * * * *
CO2 = Annual CO2 mass emissions that would 
result from the combustion or oxidation of natural gas delivered to 
LDC end-users not covered in paragraph (b)(2) of this section 
(metric tons).
CO2i = Annual CO2 mass emissions that would 
result from the combustion or oxidation of natural gas received at 
the city gate as calculated in paragraph (a)(1) or (2) of this 
section (metric tons).
CO2j = Annual CO2 mass emissions that would 
result from the combustion or oxidation of natural gas delivered to 
transmission pipelines or other LDCs as calculated in paragraph 
(b)(1) of this section (metric tons).
CO2k = Annual CO2 mass emissions that would 
result from the combustion or oxidation of natural gas delivered to 
each large end-user as calculated in paragraph (b)(2) of this 
section (metric tons).
CO2l = Annual CO2 mass emissions that would 
result from the combustion or oxidation of the net change in natural 
gas stored by the LDC within the reported year as calculated in 
paragraph (b)(3)(i) of this section (metric tons).
CO2n = Annual CO2 mass emissions that would 
result from the combustion or oxidation of natural gas that was 
received by the LDC directly from sources bypassing the city gate, 
and is not otherwise accounted for in Equation NN-1 or NN-2 of this 
section, as calculated in paragraph (b)(3)(ii) of this section 
(metric tons).

    (c) * * *
    (1) * * *
    (ii) * * *
* * * * *
CO2m = Annual CO2 mass emissions that would 
result from the combustion or oxidation of each fractionated NGL 
product ``g'' received from other fractionators (metric tons).
Fuelg = Total annual volume of each NGL product ``g'' 
received from other fractionators (bbls).
* * * * *
    (2) * * *
* * * * *
CO2 = Annual CO2 mass emissions that would 
result from the combustion or oxidation of fractionated NGLs 
delivered to customers or on behalf of customers less the quantity 
received from other fractionators (metric tons).
CO2i = Annual CO2 mass emissions that would 
result from the combustion or oxidation of fractionated NGLs 
delivered to all customers or on behalf of customers as calculated 
in paragraph (a)(1) or (2) of this section (metric tons).
CO2m = Annual CO2 mass emissions that would 
result from the combustion or oxidation of fractionated NGLs 
received from other fractionators and calculated in paragraph (c)(1) 
of this section (metric tons).

0
75. Section 98.404 is amended by revising paragraph (a)(1) introductory 
text and paragraphs (a)(3) and (4) to read as follows:


Sec.  98.404  Monitoring and QA/QC requirements.

    (a) * * *
    (1) NGL fractionators and LDCs shall determine the quantity of NGLs 
and natural gas using methods in common use in the industry for billing 
purposes as audited under existing Sarbanes Oxley regulation.
* * * * *
    (3) NGL fractionators shall use measurement for NGLs at custody 
transfer meters or at such meters that are used to determine the NGL 
product slate delivered from the fractionation facility.
    (4) If a NGL fractionator supplies a product that is a mixture or 
blend of two or more products listed in Tables NN-1 and NN-2 of this 
subpart, the NGL fractionator shall report the quantities of the 
constituents of the mixtures or blends separately.
* * * * *
0
76. Section 98.406 is amended by:
0
a. Revising paragraphs (a)(1) and (2);
0
b. Revising paragraphs (b)(1), (6), (12), and (13) introductory text; 
and
0
c. Adding paragraph (b)(14).
    The revisions read as follows:


Sec.  98.406  Data reporting requirements.

    (a) * * *
    (1) Annual quantity (in barrels) of each NGL product supplied 
(including fractionated NGL products received from other NGL 
fractionators) in the following product categories: Ethane, propane, 
normal butane, isobutane, and pentanes plus (Fuelh in 
Equations NN-1 and NN-2 of this subpart).
    (2) Annual quantity (in barrels) of each NGL product received from 
other NGL fractionators in the following product categories: Ethane, 
propane, normal butane, isobutane, and pentanes plus (Fuelg 
in Equation NN-7 of this subpart).
* * * * *
    (b) * * *
    (1) Annual volume in Mscf of natural gas received by the LDC at its 
city gate stations for redelivery on the LDC's distribution system, 
including for use by the LDC (Fuelh in Equations NN-1 and NN-2 of this 
subpart).
* * * * *
    (6) Annual volume in Mscf of natural gas delivered to downstream 
gas transmission pipelines and other local distribution companies (Fuel 
in Equation NN-3 of this subpart).
* * * * *
    (12) For each large end-user reported in paragraph (b)(7) of this 
section, report:
    (i) The customer name, address, and meter number(s).
    (ii) Whether the quantity of natural gas reported in paragraph 
(b)(7) of this section is the total quantity delivered to a large end-
user's facility, or the quantity delivered to a specific meter located 
at the facility.
    (iii) If known, report the EIA identification number of each LDC 
customer.
    (13) The annual volume in Mscf of natural gas delivered by the LDC 
(including natural gas that is not owned by the LDC) to each of the 
following end-use categories. For definitions of these categories, 
refer to EIA Form 176 (Annual Report of Natural Gas and Supplemental 
Gas Supply & Disposition) and Instructions.
* * * * *

[[Page 2621]]

    (14) The name of the U.S. state or territory covered in this report 
submission.
* * * * *
0
77. Table NN-2 to subpart NN of part 98 is amended by revising the 
title to the table and the heading of the third column to read as 
follows:

  Table NN-2 to Subpart NN of Part 98--Default Factors for Calculation
                      Methodology 2 of This Subpart
------------------------------------------------------------------------
                                                          Default CO2
                                                        emission factor
              Fuel                        Unit          (MT CO2/Unit) 1
 
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
\1\ Conditions for emission value presented in MT CO2/bbl are
  60[emsp14][deg]F and saturation pressure.

Subpart OO--Suppliers of Industrial Greenhouse Gases

0
78. Section 98.410 is amended by revising paragraph (a) and adding 
paragraphs (d) and (e) to read as follows:


Sec.  98.410  Definition of the source category.

    (a) The industrial gas supplier source category consists of any 
facility that produces fluorinated GHGs, fluorinated HTFs, or nitrous 
oxide; any bulk importer of fluorinated GHGs, fluorinated HTFs, or 
nitrous oxide; any bulk exporter of fluorinated GHGs, fluorinated HTFs, 
or nitrous oxide; and any facility that destroys fluorinated GHGs or 
fluorinated HTFs.
* * * * *
    (d) To produce a fluorinated HTF means to manufacture, from any raw 
material or feedstock chemical, a fluorinated GHG used for temperature 
control, device testing, cleaning substrate surfaces and other parts, 
and soldering in processes including but not limited to certain types 
of electronics manufacturing production processes. Fluorinated heat 
transfer fluids do not include fluorinated GHGs used as lubricants or 
surfactants. For fluorinated heat transfer fluids under this subpart, 
the lower vapor pressure limit of 1 mm Hg in absolute at 25 [deg]C in 
the definition of fluorinated greenhouse gas in Sec.  98.6 shall not 
apply. Fluorinated heat transfer fluids include, but are not limited 
to, perfluoropolyethers, perfluoroalkanes, perfluoroethers, tertiary 
perfluoroamines, and perfluorocyclic ethers. Producing a fluorinated 
HTF does not include the reuse or recycling of a fluorinated HTF, the 
creation of intermediates, or the creation of fluorinated HTFs that are 
released or destroyed at the production facility before the production 
measurement at Sec.  98.414(a).
    (e) For purposes of this subpart, to destroy fluorinated GHGs or 
fluorinated HTFs means to cause the expiration of a previously produced 
(as defined at Sec.  98.410(b) and (d)) fluorinated GHG or fluorinated 
HTF to the destruction efficiency actually achieved. Such destruction 
does not result in a commercially useful end product. For purposes of 
this subpart, such destruction does not include HFC-23 destruction as 
defined at Sec.  98.150 or the dissociation of fluorinated GHGs that 
occurs during electronics manufacturing as defined at Sec.  98.90. For 
example, such destruction does not include the dissociation of 
fluorinated GHGs that occurs during etch or chamber cleaning processes 
or during use of abatement systems that treat the fluorinated GHGs 
vented from such processes at electronics manufacturing facilities.
0
79. Section 98.412 is revised to read as follows:


Sec.  98.412  GHGs to report.

    You must report the GHG emissions that would result from the 
release of the nitrous oxide and each fluorinated GHG or fluorinated 
HTF that you produce, import, export, transform, or destroy during the 
calendar year.
0
80. Section 98.413 is amended by:
0
a. Revising paragraph (a) introductory text;
0
b. Revising the parameters of Equation OO-1 in paragraph (a);
0
c. Revising paragraph (b) introductory text;
0
d. Revising the parameters of Equation OO-2 in paragraph (b);
0
e. Revising paragraph (c) introductory text;
0
f. Revising parameters ``T'' and ``ET'' of Equation OO-3 in paragraph 
(c);
0
g. Revising paragraph (d) introductory text; and
0
h. Revising parameters ``D'' and ``FD'' of Equation OO-4 in paragraph 
(d).
    The revisions read as follows:


Sec.  98.413  Calculating GHG emissions.

    (a) Calculate the total mass of each fluorinated GHG, fluorinated 
HTF, or nitrous oxide produced annually, except for amounts that are 
captured solely to be shipped off site for destruction, by using 
Equation OO-1 of this section:
* * * * *
P = Mass of fluorinated GHG, fluorinated HTF, or nitrous oxide 
produced annually.
Pp = Mass of fluorinated GHG, fluorinated HTF, or nitrous 
oxide produced over the period ``p''.

    (b) Calculate the total mass of each fluorinated GHG, fluorinated 
HTF, or nitrous oxide produced over the period ``p'' by using Equation 
OO-2 of this section:
* * * * *
Pp = Mass of fluorinated GHG, fluorinated HTF, or nitrous 
oxide produced over the period ``p'' (metric tons).
Op = Mass of fluorinated GHG, fluorinated HTF, or nitrous 
oxide that is measured coming out of the production process over the 
period p (metric tons).
Up = Mass of used fluorinated GHG, fluorinated HTF, or 
nitrous oxide that is added to the production process upstream of 
the output measurement over the period ``p'' (metric tons).

    (c) Calculate the total mass of each fluorinated GHG, fluorinated 
HTF, or nitrous oxide transformed by using Equation OO-3 of this 
section:
* * * * *
T = Mass of fluorinated GHG, fluorinated HTF, or nitrous oxide 
transformed annually (metric tons).
* * * * *
ET = The fraction of the fluorinated GHG, fluorinated 
HTF, or nitrous oxide fed into the transformation process that is 
transformed in the process (metric tons).

    (d) Calculate the total mass of each fluorinated GHG or fluorinated 
HTF destroyed by using Equation OO-4 of this section:
* * * * *
D = Mass of fluorinated GHG or fluorinated HTF destroyed annually 
(metric tons).
FD = Mass of fluorinated GHG or fluorinated HTF fed into 
the destruction device annually (metric tons).
* * * * *
0
81. Section 98.414 is amended by revising paragraphs (a) through (i), 
(l), (n) introductory text, (n)(3) through (5), and (o) to read as 
follows:


Sec.  98.414  Monitoring and QA/QC requirements.

    (a) The mass of fluorinated GHGs, fluorinated HTFs, or nitrous 
oxide coming out of the production process shall be measured using 
flowmeters, weigh scales, or a combination of volumetric and density 
measurements with an accuracy and precision of one percent of full 
scale or better. If the measured mass includes more than one 
fluorinated GHG or fluorinated HTF, the concentrations of each of the 
fluorinated GHGs or fluorinated HTFs, other than low-concentration 
constituents, shall be measured as set forth in paragraph (n) of this 
section. For each fluorinated GHG or fluorinated HTF, the mean of the 
concentrations of that fluorinated GHG (mass fraction) measured under 
paragraph (n) of this section shall be multiplied by the mass 
measurement to obtain the mass of that fluorinated GHG or fluorinated 
HTF coming out of the production process.

[[Page 2622]]

    (b) The mass of any used fluorinated GHGs, fluorinated HTFs, or 
used nitrous oxide added back into the production process upstream of 
the output measurement in paragraph (a) of this section shall be 
measured using flowmeters, weigh scales, or a combination of volumetric 
and density measurements with an accuracy and precision of one percent 
of full scale or better. If the mass in paragraph (a) of this section 
is measured by weighing containers that include returned heels as well 
as newly produced fluorinated GHGs or fluorinated HTFs, the returned 
heels shall be considered used fluorinated GHGs or fluorinated HTFs for 
purposes of this paragraph (b) of this section and Sec.  98.413(b).
    (c) The mass of fluorinated GHGs, fluorinated HTFs, or nitrous 
oxide fed into the transformation process shall be measured using 
flowmeters, weigh scales, or a combination of volumetric and density 
measurements with an accuracy and precision of one percent of full 
scale or better.
    (d) The fraction of the fluorinated GHGs, fluorinated HTFs, or 
nitrous oxide fed into the transformation process that is actually 
transformed shall be estimated considering yield calculations or 
quantities of unreacted fluorinated GHGs, fluorinated HTFs, or nitrous 
oxide permanently removed from the process and recovered, destroyed, or 
emitted.
    (e) The mass of fluorinated GHGs, fluorinated HTFs, or nitrous 
oxide sent to another facility for transformation shall be measured 
using flowmeters, weigh scales, or a combination of volumetric and 
density measurements with an accuracy and precision of one percent of 
full scale or better.
    (f) The mass of fluorinated GHGs or fluorinated HTFs sent to 
another facility for destruction shall be measured using flowmeters, 
weigh scales, or a combination of volumetric and density measurements 
with an accuracy and precision of one percent of full scale or better. 
If the measured mass includes more than trace concentrations of 
materials other than the fluorinated GHG or fluorinated HTF, the 
concentration of the fluorinated GHG or fluorinated HTF shall be 
estimated considering current or previous representative concentration 
measurements and other relevant process information. This concentration 
(mass fraction) shall be multiplied by the mass measurement to obtain 
the mass of the fluorinated GHG or fluorinated HTF sent to another 
facility for destruction.
    (g) You must estimate the share of the mass of fluorinated GHGs or 
fluorinated HTFs in paragraph (f) of this section that is comprised of 
fluorinated GHGs or fluorinated HTFs that are not included in the mass 
produced in Sec.  98.413(a) because they are removed from the 
production process as by-products or other wastes.
    (h) You must measure the mass of each fluorinated GHG or 
fluorinated HTF that is fed into the destruction device and that was 
previously produced as defined at Sec.  98.410(b). Such fluorinated 
GHGs or fluorinated HTFs include but are not limited to quantities that 
are shipped to the facility by another facility for destruction and 
quantities that are returned to the facility for reclamation but are 
found to be irretrievably contaminated and are therefore destroyed. You 
must use flowmeters, weigh scales, or a combination of volumetric and 
density measurements with an accuracy and precision of one percent of 
full scale or better. If the measured mass includes more than trace 
concentrations of materials other than the fluorinated GHG or 
fluorinated HTF being destroyed, you must estimate the concentrations 
of the fluorinated GHG or fluorinated HTF being destroyed considering 
current or previous representative concentration measurements and other 
relevant process information. You must multiply this concentration 
(mass fraction) by the mass measurement to obtain the mass of the 
fluorinated GHG or fluorinated HTF fed into the destruction device.
    (i) Very small quantities of fluorinated GHGs or fluorinated HTFs 
that are difficult to measure because they are entrained in other media 
such as destroyed filters and destroyed sample containers are exempt 
from paragraphs (f) and (h) of this section.
* * * * *
    (l) In their estimates of the mass of fluorinated GHGs or 
fluorinated HTFs destroyed, facilities that destroy fluorinated GHGs or 
fluorinated HTFs shall account for any temporary reductions in the 
destruction efficiency that result from any startups, shutdowns, or 
malfunctions of the destruction device, including departures from the 
operating conditions defined in state or local permitting requirements 
and/or oxidizer manufacturer specifications.
* * * * *
    (n) If the mass coming out of the production process includes more 
than one fluorinated GHG or fluorinated HTF, you shall measure the 
concentrations of all of the fluorinated GHGs or fluorinated HTFs, 
other than low-concentration constituents, as follows:
* * * * *
    (3) Frequency of measurement. Perform the measurements at least 
once by February 15, 2011 if the fluorinated GHG product is being 
produced on December 17, 2010. Perform the measurements within 60 days 
of commencing production of any fluorinated GHG product that was not 
being produced on December 17, 2010. For fluorinated HTF products, 
perform the measurements at least once by February 15, 2017, if the 
fluorinated HTF product is being produced on January 1, 2017. Repeat 
the measurements if an operational or process change occurs that could 
change the identities or significantly change the concentrations of the 
fluorinated GHG or fluorinated HTF constituents of the fluorinated GHG 
or fluorinated HTF product. Complete the repeat measurements within 60 
days of the operational or process change.
    (4) Measure all product grades. Where a fluorinated GHG or 
fluorinated HTF is produced at more than one purity level (e.g., 
pharmaceutical grade and refrigerant grade), perform the measurements 
for each purity level.
    (5) Number of samples. Analyze a minimum of three samples of the 
fluorinated GHGs or fluorinated HTF product that have been drawn under 
conditions that are representative of the process producing the 
fluorinated GHGs or fluorinated HTF product. If the relative standard 
deviation of the measured concentrations of any of the fluorinated GHGs 
or fluorinated HTF constituents (other than low-concentration 
constituents) is greater than or equal to 15 percent, draw and analyze 
enough additional samples to achieve a total of at least six samples of 
the fluorinated GHG or fluorinated HTF product.
    (o) All analytical equipment used to determine the concentration of 
fluorinated GHGs or fluorinated HTFs, including but not limited to gas 
chromatographs and associated detectors, IR, FTIR and NMR devices, 
shall be calibrated at a frequency needed to support the type of 
analysis specified in the site GHG Monitoring Plan as required under 
Sec. Sec.  98.414(n) and 98.3(g)(5) of this part. Quality assurance 
samples at the concentrations of concern shall be used for the 
calibration. Such quality assurance samples shall consist of or be 
prepared from certified standards of the analytes of concern where 
available; if not available, calibration shall be performed

[[Page 2623]]

by a method specified in the GHG Monitoring Plan.
* * * * *
0
82. Section 98.416 is amended by:
0
a. Revising paragraph (a);
0
b. Revising paragraphs (b) introductory text, (b)(3), and (b)(6);
0
c. Revising paragraphs (c) introductory text, (c)(1) through (6), and 
(c)(8) through (10);
0
d. Revising paragraphs (d) introductory text, (d)(1), and (d)(4) 
through (6); and
0
e. Adding paragraphs (i) and (j).
    The revisions and additions read as follows:


Sec.  98.416  Data reporting requirements.

* * * * *
    (a) Each fluorinated GHG, fluorinated HTF, or nitrous oxide 
production facility shall report the following information:
    (1) Mass in metric tons of each fluorinated GHG, fluorinated HTF, 
or nitrous oxide produced at that facility by process, except for 
amounts that are captured solely to be shipped off site for 
destruction.
    (2) Mass in metric tons of each fluorinated GHG, fluorinated HTF, 
or nitrous oxide transformed at that facility, by process.
    (3) Mass in metric tons of each fluorinated GHG or fluorinated HTF 
that is destroyed at that facility and that was previously produced as 
defined at Sec.  98.410(b). Quantities to be reported under paragraph 
(a)(3) of this section include but are not limited to quantities that 
are shipped to the facility by another facility for destruction and 
quantities that are returned to the facility for reclamation but are 
found to be irretrievably contaminated and are therefore destroyed.
    (4) [Reserved]
    (5) Total mass in metric tons of each fluorinated GHG, fluorinated 
HTF, or nitrous oxide sent to another facility for transformation.
    (6) Total mass in metric tons of each fluorinated GHG or 
fluorinated HTF sent to another facility for destruction, except 
fluorinated GHGs and fluorinated HTFs that are not included in the mass 
produced in Sec.  98.413(a) because they are removed from the 
production process as by-products or other wastes. Quantities to be 
reported under paragraph (a)(6) of this section could include, for 
example, fluorinated GHGs that are returned to the facility for 
reclamation but are found to be irretrievably contaminated and are 
therefore sent to another facility for destruction.
    (7) Total mass in metric tons of each fluorinated GHG or 
fluorinated HTF that is sent to another facility for destruction and 
that is not included in the mass produced in Sec.  98.413(a) because it 
is removed from the production process as a byproduct or other waste.
    (8)-(9) [Reserved]
    (10) Mass in metric tons of any fluorinated GHG, fluorinated HTF, 
or nitrous oxide fed into the transformation process, by process.
    (11) Mass in metric tons of each fluorinated GHG or fluorinated HTF 
that is fed into the destruction device and that was previously 
produced as defined at Sec.  98.410(b). Quantities to be reported under 
paragraph (a)(11) of this section include but are not limited to 
quantities that are shipped to the facility by another facility for 
destruction and quantities that are returned to the facility for 
reclamation but are found to be irretrievably contaminated and are 
therefore destroyed.
    (12) Mass in metric tons of each fluorinated GHG, fluorinated HTF, 
or nitrous oxide that is measured coming out of the production process, 
by process.
    (13) Mass in metric tons of each used fluorinated GHGs, fluorinated 
HTFs, or nitrous oxide added back into the production process (e.g., 
for reclamation), including returned heels in containers that are 
weighed to measure the mass in Sec.  98.414(a), by process.
    (14) Names and addresses of facilities to which any nitrous oxide, 
fluorinated GHGs, or fluorinated HTFs were sent for transformation, and 
the quantities (metric tons) of nitrous oxide and of each fluorinated 
GHG or fluorinated HTF that were sent to each for transformation.
    (15) Names and addresses of facilities to which any fluorinated 
GHGs or fluorinated HTFs were sent for destruction, and the quantities 
(metric tons) of each fluorinated GHG or fluorinated HTF that were sent 
to each for destruction.
    (16) Where missing data have been estimated pursuant to Sec.  
98.415, the reason the data were missing, the length of time the data 
were missing, the method used to estimate the missing data, and the 
estimates of those data.
    (b) By March 31, 2017 or within 60 days of commencing fluorinated 
GHG or fluorinated HTF destruction, whichever is later, any facility 
that destroys fluorinated GHGs or fluorinated HTFs shall submit a one-
time report containing the information in paragraphs (b)(1) through (6) 
of this section for each destruction process. Facilities that 
previously submitted a one-time report under this paragraph are exempt 
from this requirement unless they meet the conditions in paragraph 
(b)(6) of this section.
* * * * *
    (3) Methods used to record the mass of fluorinated GHG or 
fluorinated HTF destroyed.
* * * * *
    (6) If any process changes affect unit destruction efficiency or 
the methods used to record mass of fluorinated GHG or fluorinated HTF 
destroyed, then a revised report must be submitted to reflect the 
changes. The revised report must be submitted to EPA within 60 days of 
the change.
    (c) Each bulk importer of fluorinated GHGs, fluorinated HTFs, or 
nitrous oxide shall submit an annual report that summarizes its imports 
at the corporate level, except for shipments including less than 
twenty-five kilograms of fluorinated GHGs, fluorinated HTFs, or nitrous 
oxide, transshipments, and heels that meet the conditions set forth at 
Sec.  98.417(e). The report shall contain the following information for 
each import:
    (1) Total mass in metric tons of nitrous oxide and each fluorinated 
GHG or fluorinated HTF imported in bulk, including each fluorinated GHG 
or fluorinated HTF constituent of the fluorinated GHG or fluorinated 
HTF product that makes up between 0.5 percent and 100 percent of the 
product by mass.
    (2) Total mass in metric tons of nitrous oxide and each fluorinated 
GHG or fluorinated HTF imported in bulk and sold or transferred to 
persons other than the importer for use in processes resulting in the 
transformation or destruction of the chemical.
    (3) Date on which the fluorinated GHGs, fluorinated HTFs, or 
nitrous oxide were imported.
    (4) Port of entry through which the fluorinated GHGs, fluorinated 
HTFs, or nitrous oxide passed.
    (5) Country from which the imported fluorinated GHGs, fluorinated 
HTFs, or nitrous oxide were imported.
    (6) Commodity code of the fluorinated GHGs, fluorinated HTFs, or 
nitrous oxide shipped.
* * * * *
    (8) Total mass in metric tons of each fluorinated GHG or 
fluorinated HTF destroyed by the importer.
    (9) If applicable, the names and addresses of the persons and 
facilities to which the nitrous oxide, fluorinated GHGs, or fluorinated 
HTFs were sold or transferred for transformation, and the quantities 
(metric tons) of nitrous oxide and of each fluorinated GHG or 
fluorinated HTF that were sold or transferred to each facility for 
transformation.

[[Page 2624]]

    (10) If applicable, the names and addresses of the persons and 
facilities to which the fluorinated GHGs or fluorinated HTFs were sold 
or transferred for destruction, and the quantities (metric tons) of 
each fluorinated GHG or fluorinated HTF that were sold or transferred 
to each facility for destruction.
    (d) Each bulk exporter of fluorinated GHGs, fluorinated HTFs, or 
nitrous oxide shall submit an annual report that summarizes its exports 
at the corporate level, except for shipments including less than 
twenty-five kilograms of fluorinated GHGs, fluorinated HTFs, or nitrous 
oxide, transshipments, and heels. The report shall contain the 
following information for each export:
    (1) Total mass in metric tons of nitrous oxide and each fluorinated 
GHG or fluorinated HTF exported in bulk.
* * * * *
    (4) Commodity code of the fluorinated GHGs, fluorinated HTFs, or 
nitrous oxide shipped.
    (5) Date on which, and the port from which, the fluorinated GHGs, 
fluorinated HTFs, or nitrous oxide were exported from the United States 
or its territories.
    (6) Country to which the fluorinated GHGs, fluorinated HTFs, or 
nitrous oxide were exported.
* * * * *
    (i) Each facility that destroys fluorinated GHGs or fluorinated 
HTFs but does not otherwise report under this section shall report the 
mass in metric tons of each fluorinated GHG or fluorinated HTF that is 
destroyed at that facility and that was previously produced as defined 
at Sec.  98.410(b) or (d), as applicable. Quantities to be reported 
under this paragraph include but are not limited to quantities that are 
shipped to the facility by another facility for destruction and 
quantities that are returned to the facility for reclamation but are 
found to be irretrievably contaminated and are therefore destroyed.
    (j) By March 31, 2017, all fluorinated HTF production facilities 
shall submit a one-time report that includes the concentration of each 
fluorinated HTF or fluorinated GHG constituent in each fluorinated HTF 
product as measured under Sec.  98.414(n). If the facility commences 
production of a fluorinated HTF product that was not included in the 
initial report or performs a repeat measurement under Sec.  98.414(n) 
that shows that the identities or concentrations of the fluorinated HTF 
or fluorinated GHG constituents of a fluorinated HTF product have 
changed, then the new or changed concentrations, as well as the date of 
the change, must be provided in a revised report. The revised report 
must be submitted to EPA by the March 31st that immediately follows the 
new or repeat measurement under Sec.  98.414(n).
0
83. Section 98.418 is amended by revising the definition of ``Low-
concentration constituent'' to read as follows:


Sec.  98.418  Definitions.

* * * * *
    Low-concentration constituent means, for purposes of fluorinated 
GHG or fluorinated HTF production and export, a fluorinated GHG or 
fluorinated HTF constituent of a fluorinated GHG or fluorinated HTF 
product that occurs in the product in concentrations below 0.1 percent 
by mass. For purposes of fluorinated GHG or fluorinated HTF import, 
low-concentration constituent means a fluorinated GHG or fluorinated 
HTF constituent of a fluorinated GHG or fluorinated HTF product that 
occurs in the product in concentrations below 0.5 percent by mass. Low-
concentration constituents do not include fluorinated GHGs or 
fluorinated HTFs that are deliberately combined with the product (e.g., 
to affect the performance characteristics of the product).

Subpart PP--Suppliers of Carbon Dioxide

0
84. Section 98.425 is amended by revising paragraph (b) introductory 
text to read as follows:


Sec.  98.425  Procedures for estimating missing data.

* * * * *
    (b) Whenever the quality assurance procedures in Sec.  98.424(b) 
cannot be followed to determine concentration of the CO2 
stream, the most appropriate of the following missing data procedures 
shall be followed:
* * * * *

Subpart RR--Geologic Sequestration of Carbon Dioxide

0
85. Section 98.446 is amended by adding paragraph (g) to read as 
follows:


Sec.  98.446  Data reporting requirements.

* * * * *
    (g) Whether the CO2 stream is being injected into 
subsurface geologic formations to enhance the recovery of oil or 
natural gas.

Subpart TT--Industrial Waste Landfills

0
86. Table TT-1 to Subpart TT of Part 98 is amended by:
0
a. Removing the entry ``Pulp and Paper (other than industrial 
sludge)'';
0
b. Adding a heading entry for ``Pulp and Paper Industry:'', and 
subordinate entries for ``Boiler Ash'', ``Wastewater Sludge'', ``Kraft 
Recovery Wastes'', and ``Other Pulp and Paper Wastes (not otherwise 
listed)'' to follow the entry for ``Food Processing (other than 
industrial sludge)'';
0
c. Revising the entry ``Industrial Sludge'' and footnote a; and
0
d. Adding footnote ``b''.
    The revisions and additions read as follows:

      Table TT-1 to Subpart TT of Part 98--Default DOC and Decay Rate Values for Industrial Waste Landfills
----------------------------------------------------------------------------------------------------------------
                                                    DOC (weight                     k [moderate
               Industry/Waste Type                 fraction, wet  k [dry climate  climate a] (yr- k [wet climate
                                                      basis)         a] (yr-1)          1)           a] (yr-1)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Pulp and Paper Industry:
    Boiler Ash..................................           0.06             0.02            0.03            0.04
    Wastewater Sludge...........................           0.12             0.02            0.04            0.06
    Kraft Recovery Wastes b.....................           0.025            0.02            0.03            0.04
    Other Pulp and Paper Wastes (not otherwise             0.20             0.02            0.03            0.04
     listed)....................................
 
                                                  * * * * * * *
Industrial Sludge (other than pulp and paper               0.09             0.02            0.04            0.06
 industry sludge)...............................
 

[[Page 2625]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ The applicable climate classification is determined based on the annual rainfall plus the recirculated
  leachate application rate. Recirculated leachate application rate (in inches/year) is the total volume of
  leachate recirculated from company records or engineering estimates and applied to the landfill divided by the
  area of the portion of the landfill containing waste [with appropriate unit conversions]. Dry climate =
  precipitation plus recirculated leachate less than 20 inches/year; Moderate climate = precipitation plus
  recirculated leachate from 20 to 40 inches/year (inclusive); Wet climate = precipitation plus recirculated
  leachate greater than 40 inches/year. Alternatively, landfills that use leachate recirculation can elect to
  use the k value for wet climate rather than calculating the recirculated leachate rate.
\b\ Kraft Recovery Wastes include green liquor dregs, slaker grits, and lime mud, which may also be referred to
  collectively as causticizing or recausticizing wastes.

Subpart UU--Injection of Carbon Dioxide

0
87. Section 98.474 is amended by revising paragraph (c)(2) to read as 
follows:


Sec.  98.474  Monitoring and QA/QC requirements.

* * * * *
    (c) * * *
    (2) You must convert all measured volumes of CO2 to the following 
standard industry temperature and pressure conditions for use in 
Equation UU-2 of this subpart: Standard cubic meters at a temperature 
of 60 degrees Fahrenheit and at an absolute pressure of 1 atmosphere.
* * * * *
[FR Doc. 2015-32753 Filed 1-14-16; 8:45 am]
BILLING CODE 6560-50-P