[Federal Register Volume 90, Number 177 (Tuesday, September 16, 2025)]
[Proposed Rules]
[Pages 44591-44618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17923]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 98
[EPA-HQ-OAR-2025-0186; FRL-12720-01-OAR]
RIN 2060-AW76
Reconsideration of the Greenhouse Gas Reporting Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing to
amend the Greenhouse Gas Reporting Program (GHGRP) to remove program
obligations for most source categories, including the distribution
segment of the petroleum and natural gas systems source category
(subpart W--Petroleum and Natural Gas Systems), and suspend program
obligations for the remaining subpart W segments until reporting year
2034.
DATES:
Comments. Comments must be received on or before November 3, 2025.
Comments on the information collection provisions submitted to the
Office of
[[Page 44592]]
Management and Budget (OMB) under the Paperwork Reduction Act (PRA) are
best assured of consideration by OMB if OMB receives a copy of your
comments on or before October 16, 2025.
Public hearing. The EPA will conduct a virtual public hearing on
October 1, 2025. See SUPPLEMENTARY INFORMATION for information on
registering for the virtual public hearing.
ADDRESSES: You may send comments, identified by Docket Id. No. EPA-HQ-
OAR-2025-0186, by any of the following methods:
Federal eRulemaking Portal: www.regulations.gov/ (our
preferred method). Follow the online instructions for submitting
comments.
Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Office of Air and Radiation Docket, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
Hand Delivery or Courier: EPA Docket Center, William
Jefferson Clinton West Building, Room 3334, 1301 Constitution Avenue
NW, Washington, DC 20004. The Docket Center's hours of operations are
8:30 a.m. to 4:30 p.m., Monday-Friday (except Federal Holidays).
Instructions: All submissions received must include the Docket Id.
No. for this proposed rule. Comments received may be posted without
change to www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
The virtual hearing will be held using an online meeting platform,
and the EPA will provide information on its website (www.epa.gov/ghgreporting) regarding how to register and access the hearing. Refer
to the SUPPLEMENTARY INFORMATION section for additional information.
FOR FURTHER INFORMATION CONTACT: Jennifer Bohman, Greenhouse Gas
Reporting Branch, Climate Change Division, Office of Atmospheric
Protection (MC-6207A), Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202)
343-9548; email address: [email protected].
SUPPLEMENTARY INFORMATION:
Written comments. Submit your comments, identified by Docket Id.
No. EPA-HQ-OAR-2025-0186, at www.regulations.gov (our preferred
method), or the other methods identified in the ADDRESSES section. Once
submitted, comments cannot be edited or removed from the docket. The
EPA may publish any comment received to its public docket. Do not
submit to the EPA's docket at www.regulations.gov any information you
consider to be confidential business information (CBI), proprietary
business information (PBI), 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). Please visit www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the full EPA
public comment policy; information about CBI, PBI, or multimedia
submissions; and general guidance on making effective comments.
Participation in virtual public hearing. The virtual public hearing
will be held on October 1, 2025. The hearing will convene at 8:00 a.m.
Eastern Time (ET) and will conclude at 6:00 p.m. ET. The EPA may close
the hearing 15 minutes after the last pre-registered speaker has
testified if there are no additional speakers. The EPA will provide
further information about the hearing on its website at: www.epa.gov/ghgreporting.
The EPA will begin pre-registering speakers for the hearing no
later than October 1, 2025. To register to speak at the virtual
hearing, please use the online registration form available at
www.epa.gov/ghgreporting or contact us by email at
[email protected]. The last day to pre-register to speak at the
hearing will be September 29, 2025. On September 30, 2025, the EPA will
post a general agenda that will list pre-registered speakers in
approximate order at: www.epa.gov/ghgreporting.
The EPA will make every effort to follow the schedule as closely as
possible on the day of the hearing; however, please plan for the
hearings to run either ahead of schedule or behind schedule.
Each commenter will have 4 minutes to provide oral testimony. The
EPA encourages commenters to provide the EPA with a copy of their oral
testimony electronically (via email) by emailing it to
[email protected]. The EPA also recommends submitting the text of
your oral testimony as written comments to the rulemaking docket.
The EPA may ask clarifying questions during the oral presentations
but will not respond to the presentations at that time. Written
statements and supporting information submitted during the comment
period will be considered with the same weight as oral testimony and
supporting information presented at the public hearing.
Please note that any updates made to any aspect of the hearing will
be posted online at www.epa.gov/ghgreporting. While the EPA expects the
hearing to go forward as set forth above, please monitor our website or
contact us by email at [email protected] to determine if there are
any updates. The EPA does not intend to publish a document in the
Federal Register announcing updates.
If you require the services of an interpreter or special
accommodation such as audio description, please pre-register for the
hearing with the public hearing team and describe your needs by
September 23, 2025. The EPA may not be able to arrange accommodations
without advanced notice.
Regulated entities. This is a proposed regulation. If finalized,
these proposed revisions would affect entities that submit annual
greenhouse gas (GHG) reports pursuant to the GHGRP (40 CFR part 98).
Entities that would be affected by this action are owners or operators
of facilities that are direct emitters or suppliers of GHGs or that
sequester carbon dioxide (CO2) gas underground. 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
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North American Examples of
Industry facilities that may
Category Classification be subject to 40 CFR
System (NAICS) part 98:
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General Stationary Fuel ................. Facilities operating
Combustion Sources. boilers, process
heaters,
incinerators,
turbines, and
internal combustion
engines.
211 Extractors of crude
petroleum and
natural gas.
[[Page 44593]]
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.
Electric Power Generation..... 2211 Generation facilities
that produce
electric energy.
Adipic Acid Production........ 325199 All other basic
organic chemical
manufacturing:
Adipic acid
manufacturing.
Aluminum Production........... 331313 Primary aluminum
production
facilities.
Ammonia Manufacturing......... 325311 Anhydrous ammonia
manufacturing
facilities.
Calcium Carbide Production.... 325180 Other basic inorganic
chemical
manufacturing:
calcium carbide
manufacturing.
Carbon Dioxide Enhanced Oil 211120 Oil and gas
Recovery Projects. extraction projects
using carbon dioxide
enhanced oil
recovery.
Caprolactam, Glyoxal, and 325199 All other basic
Glyoxylic Acid Production. organic chemical
manufacturing.
Cement Production............. 327310 Cement manufacturing.
Ceramics Manufacturing........ 327110 Pottery, ceramics,
and plumbing fixture
manufacturing.
327120 Clay building
material and
refractories
manufacturing.
Coke Calcining................ 299901 Coke; coke,
petroleum; coke,
calcined petroleum.
Electronics Manufacturing..... 334111 Microcomputers
manufacturing
facilities.
334413 Semiconductor,
photovoltaic (PV)
(solid-state) device
manufacturing
facilities.
334419 Liquid crystal
display (LCD) unit
screens
manufacturing
facilities; Micro-
electro-mechanical
systems (MEMS)
manufacturing
facilities.
Electrical Equipment 33531 Power transmission
Manufacture or Refurbishment. and distribution
switchgear and
specialty
transformers
manufacturing
facilities.
Electricity generation units 221112 Electric power
that report through 40 CFR generation, fossil
part 75. fuel (e.g., coal,
oil, gas).
Electrical Equipment Use...... 221121 Electric bulk power
transmission and
control facilities.
Electrical transmission and 33361 Engine, Turbine, and
distribution equipment Power Transmission
manufacture or refurbishment. Equipment
Manufacturing.
Ferroalloy Production......... 331110 Ferroalloys
manufacturing.
Fluorinated Greenhouse Gas 325120 Industrial gases
Production. manufacturing
facilities.
Geologic Sequestration........ NA CO2 geologic
sequestration sites.
Glass Production.............. 327211 Flat glass
manufacturing
facilities.
327213 Glass container
manufacturing
facilities.
327212 Other pressed and
blown glass and
glassware
manufacturing
facilities.
Hydrochlorofluorocarbon (HCFC)- 325120 Industrial gas
22 Production. manufacturing: HCFC
gases manufacturing.
Hydrofluorocarbon (HFC)-23 325120 Industrial gas
destruction processes that manufacturing: HFC
are not collocated with a gases manufacturing.
HCFC-22 production facility
and that destroy more than
2.14 metric tons of HFC-23
per year.
Hydrogen Production........... 325120 Hydrogen
manufacturing
facilities.
Industrial Waste Landfill..... 562212 Solid waste landfill.
Industrial Wastewater 221310 Water treatment
Treatment. plants.
Injection of Carbon Dioxide... 211 Oil and gas
extraction.
Iron and Steel Production..... 333110 Integrated iron and
steel mills, steel
companies, sinter
plants, blast
furnaces, basic
oxygen process
furnace (BOPF)
shops.
Lead Production............... 331 Primary metal
manufacturing.
Lime Manufacturing............ 327410 Lime production.
Magnesium Production.......... 331410 Nonferrous metal
(except aluminum)
smelting and
refining: Magnesium
refining, primary.
Nitric Acid Production........ 325311 Nitrogenous
fertilizer
manufacturing:
Nitric acid
manufacturing.
Petroleum and Natural Gas 486210 Pipeline
Systems. transportation of
natural gas.
221210 Natural gas
distribution
facilities.
211120 Crude petroleum
extraction.
211130 Natural gas
extraction.
Petrochemical Production...... 324110 Petrochemicals made
in petroleum
refineries.
Petroleum Refineries.......... 324110 Petroleum refineries.
Phosphoric Acid Production.... 325312 Phosphatic fertilizer
manufacturing.
Pulp and Paper Manufacturing.. 322110 Pulp mills.
322120 Paper mills.
322130 Paperboard mills.
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Miscellaneous Uses of Facilities included elsewhere.
Carbonate.
-----------------------------------------
Municipal Solid Waste 562212 Solid waste
Landfills. landfills.
221320 Sewage treatment
facilities.
Silicon Carbide Production.... 327910 Silicon carbide
abrasives
manufacturing.
Soda Ash Production........... 325180 Other basic inorganic
chemical
manufacturing: Soda
ash manufacturing.
Suppliers of Carbon Dioxide... 325120 Industrial gas
manufacturing
facilities.
Suppliers of Industrial 325120 Industrial greenhouse
Greenhouse Gases. gas manufacturing
facilities.
Suppliers of Coal-based Liquid 211130 Coal liquefaction at
Fuels. mine sites.
[[Page 44594]]
221210 Natural gas
distribution
facilities.
Suppliers of Natural Gas and 211112 Natural gas liquid
Natural Gas Liquids. extraction
facilities.
Suppliers of Petroleum 324110 Petroleum refineries.
Products.
Titanium Dioxide Production... 325180 Other basic inorganic
chemical
manufacturing:
Titanium dioxide
manufacturing.
Underground Coal Mines........ 212115 Underground coal
mining.
Zinc Production............... 331410 Nonferrous metal
(except aluminum)
smelting and
refining: Zinc
refining, primary.
Importers and Exporters of Pre- 423730 Air-conditioning
charged Equipment and Closed- equipment (except
Cell Foams. room units) merchant
wholesalers.
333415 Air-conditioning
equipment (except
motor vehicle)
manufacturing.
423620 Air-conditioners,
room, merchant
wholesalers.
449210 Electronics and
Appliance retailers.
326150 Polyurethane foam
products
manufacturing.
335313 Circuit breakers,
power,
manufacturing.
423610 Circuit breakers and
related equipment
merchant
wholesalers.
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Table 1 of this preamble is not intended to be exhaustive but
rather provides a guide for readers regarding entities likely affected
by this proposed action. This table lists the types of entities that
the EPA is now aware could potentially be affected by this action.
Other types of entities than those listed in the table could also be
subject to reporting requirements. Many entities that are affected by
40 CFR part 98 have GHG emissions from multiple source categories
listed in Table 1 of this preamble. If you have questions regarding the
applicability of this action to a particular facility, consult the FOR
FURTHER INFORMATION CONTACT section.
Acronyms and Abbreviations. The following acronyms and
abbreviations are used in this document.
BAMM best available monitoring methods
CAA Clean Air Act
CBI confidential business information
CEMS continuous emissions monitoring systems
CFR Code of Federal Regulations
CH4 methane
CO2 carbon dioxide
e-GGRT electronic Greenhouse Gas Reporting Tool
EPA U.S. Environmental Protection Agency
ET Eastern time
E.O. Executive Order
FR Federal Register
GHG greenhouse gas
GHGRP Greenhouse Gas Reporting Program
HCFC hydrochlorofluorocarbon
HFC hydrofluorocarbon
ICR information collection request
IRC Internal Revenue Code
IRS Internal Revenue Service
LCD liquid crystal display
LNG liquified natural gas
MECS Manufacturing Energy Consumption Survey
MEMS micro-electro-mechanical systems
MSW municipal solid waste
mmBTU million British thermal units
MTCO2e metric tons of CO2 equivalent
MSW municipal solid waste
N2O nitrous oxide
NAICS North American Industry Classification System
NSPS new source performance standards
NWRA National Waste and Recycling Association
OAR Office of Air and Radiation
OMB Office of Management and Budget
PBI proprietary business information
PV photovoltaic
RFA Regulatory Flexibility Act
SF6 sulfur hexafluoride
U.S. United States
UMRA Unfunded Mandates Reform Act of 1995
Contents
I. Background
A. How is this preamble organized?
B. Executive Summary
C. Background on This Proposed Rule
D. Legal Authority
II. Proposed Amendments to 40 CFR Part 98
A. Proposed Amendments and Rationale
B. Additional Source-Specific Considerations of the Proposed
Amendments
C. Schedule
III. Impacts of the Proposed Amendments
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 14192: Unleashing Prosperity Through
Deregulation
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
I. Executive Order 13211: Actions that Significantly Affect
Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTAA)
K. Determination Under CAA Section 307(d)
I. Background
A. How is this preamble organized?
Section I of this preamble contains background information on the
origins and evolution of the GHGRP as well as the drivers for the EPA's
reconsideration of this program. This section also discusses the EPA's
legal authority under the Clean Air Act (CAA) to promulgate amendments
to the program. Section II of this preamble describes the EPA's
reconsideration of the GHGRP and the proposed amendments, including the
specific revisions that the EPA is proposing for the general provisions
of the program to implement the proposed amendments. Section III of
this preamble describes the potential impacts of the proposed
amendments. Finally, section IV of this preamble describes the
statutory and executive order requirements applicable to this action.
B. Executive Summary
President Trump signed Executive Order (E.O.) 14154 titled,
``Unleashing American Energy,'' on January 20, 2025, and E.O. 14192
titled, ``Unleashing Prosperity Through Deregulation,'' on January 31,
2025. In response to these E.O.s, the EPA is reconsidering significant
elements of the GHGRP. In this action, the EPA is proposing to
eliminate GHG reporting requirements for all source categories under 40
CFR part 98 (hereafter referred to as ``Part 98'') except for Petroleum
and Natural Gas Systems (subpart W of Part 98). In addition, the EPA is
proposing to suspend subpart W reporting requirements until January 1,
2034, and remove reporting requirements for the Natural Gas
Distribution industry
[[Page 44595]]
segment, consistent with CAA section 136, as revised in Public Law 119-
21.\1\ If this rule is finalized as proposed, there would be no
reporting obligations under subpart W for reporting years prior to
2034; beginning January 1, 2034, all subpart W segments, except Natural
Gas Distribution, would again be subject to program requirements. For
the last 15 years, the EPA has collected data from GHGRP sources under
CAA section 114 authority (42 U.S.C. 7414). CAA section 114, which
provides the EPA with the authority to collect information, limits the
authority of the EPA Administrator or authorized representative related
to the following purposes: (A) developing or assisting: (1)
implementation plans under CAA section 110 or section 111(d); (2) any
standard of performance under CAA section 111; (3) any emission
standard under CAA section 112; or (4) any regulation under CAA section
129; (B) determining whether a person is in violation of any standard
or requirement of a plan; and (C) carrying out any provision (other
than Title II with respect to a manufacturer of new motor vehicles or
engines) of the CAA. For many of these sources, the EPA has provided no
clear intention to use the information collected for that industry
under the CAA, unlike all other information collection requests issued
by the EPA under the CAA. To note, throughout the years, the EPA relied
on other resources not appropriated specifically for that purpose to
promulgate multiple additional rules \2\ related to the GHGRP. In 2022,
CAA section 136 (42 U.S.C. 7436) established the Methane Emissions
Reduction Program and required the EPA to impose and collect a waste
emissions charge beginning with calendar year 2024 emission data from
facilities in all segments of the petroleum and natural gas systems
sector reported under subpart W except from the Natural Gas
Distribution industry segment. On July 4, 2025, Congress amended CAA
section 136(g) to amend the period under which a waste emissions charge
is imposed and collected to begin with emissions reported for calendar
year 2034 and later. Following the EPA's evaluation of the program, the
EPA has determined that there is no statutory requirement to collect
GHG emissions information for sectors other than the subpart W segments
subject to the waste emissions charge (all of the subpart W segments
except distribution, starting in 2034). In addition, the EPA has
determined that the program imposes significant cost on the regulated
community and eliminating the collection of these data would minimize
the burdens of reporting and recordkeeping, consistent with the
Paperwork Reduction Act.\3\ Therefore, the EPA is proposing to remove
all GHG reporting requirements for non-subpart W sectors and the
Natural Gas Distribution industry segment of subpart W and to suspend
all GHG reporting requirements until reporting year (RY) 2034 for the
remaining subpart W segments. Thus, most companies would not need to
submit reports in the future, and subpart W facilities would not need
to submit reports for reporting years again until RY2034. This proposal
does not prevent private companies from continuing to collect
information on GHGs independently. Additionally, any other Federal,
state or local agencies or Tribes that may rely on the publicly
available GHGRP data \4\ could utilize other more efficient and
potentially more accurate methods for collecting the necessary
information that are utilized throughout other parts of the Federal
government (e.g., voluntary consensus standards).
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\1\ See https://www.govinfo.gov/app/details/BILLS-119hr1eh.
\2\ See: 75 FR 39736 (July 12, 2010); 75 FR 57669 (September 22,
2010); 75 FR 66434 (October 28, 2010); 75 FR 74458 (November 30,
2010); 75 FR 74774 (December 1, 2010); 75 FR 75060 (December 1,
2010); 75 FR 79092 (December 17, 2010); 75 FR 81338 (December 27,
2010); 76 FR 14812 (March 18, 2011); 76 FR 22825 (April 25, 2011);
76 FR 30782 (May 26, 2011); 76 FR 36339 (June 22, 2011); 76 FR 53057
(August 25, 2011); 76 FR 59533 (September 27, 2011); 76 FR 59542
(September 27, 2011); 76 FR 73866 (November 29, 2011); 76 FR 80554
(December 23, 2011); 77 FR 10373 (February 22, 2012); 77 FR 48072
(August 13, 2012); 77 FR 51477 (August 24, 2012); 78 FR 25392 (May
1, 2013); 78 FR 68162 (November 13, 2013); 78 FR 71904 (November 29,
2013); 79 FR 63750 (October 24, 2014); 79 FR 70352 (November 25,
2014); 79 FR 73750 (December 11, 2014); 80 FR 64262 (October 22,
2015); 81 FR 86490 (November 30, 2016); 81 FR 89188 (December 9,
2016); 89 FR 31802 (April 25, 2024).
\3\ See, e.g., PRA implementing regulations at 5 CFR 1320.1.
\4\ See https://ghgdata.epa.gov.
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The EPA is proposing to make limited revisions to the subpart W
regulations in this action, primarily to ensure consistency with the
recent amendment to CAA section 136. Specifically, the EPA is proposing
to suspend the subpart W reporting requirements until RY2034. Although
reporting for subpart W is specifically required under CAA section 136,
reporting is not needed for the Natural Gas Distribution industry
segment of subpart W and reporting is not needed for the remaining
subpart W industry segments until 2034. The EPA intends to issue a
proposal addressing petitions for reconsideration of subpart W in a
separate action.
C. Background on This Proposed Rule
The Fiscal Year (FY) 2008 Consolidated Appropriations Act
authorized funding for and directed the EPA to ``develop and publish a
. . . [rule] to require mandatory reporting of GHG emissions above
appropriate thresholds in all sectors of the economy of the United
States.'' Consolidated Appropriations Act, 2008, Public Law 110-161,
121 Stat 1844, 2128 (2008).\5\ In response to this direction, the EPA
issued the Mandatary Reporting of Greenhouse Gases Rule (74 FR 56260;
October 30, 2009, hereafter referred to as ``2009 Final Rule'') one
month after the end of Fiscal Year 2009. While the FY 2008 Consolidated
Appropriations Act provided funding, the EPA cited its authority to
develop the 2009 Final Rule under the authority provided to the Agency
by CAA section 114. The 2009 Final Rule required reporting of GHG
emissions by certain facilities (generally facilities emitting at least
25,000 metric tons of carbon dioxide equivalent (MTCO2e))
from across all sectors of the economy, including fossil fuel
suppliers, industrial greenhouse gas suppliers, and direct greenhouse
gas emitters. The EPA subsequently published numerous revisions to the
GHGRP, eventually expanding the program to forty-seven source
categories, for many of which the Agency has never clearly intended to
develop regulations for that industry.\6\ \7\ In 2022, Congress amended
the CAA by adding section 136, ``Methane Emissions and Waste Reduction
Incentive Program for Petroleum and Natural Gas Systems.'' Among other
things, CAA section 136(c)-(g) required
[[Page 44596]]
the EPA to impose and collect a waste emissions charge on methane
emissions that exceeded specified thresholds from applicable facilities
that reported more than 25,000 MTCO2e of greenhouse gases
under subpart W (Petroleum and Natural Gas Systems). Applicable
facilities, as defined in CAA section 136(d), include facilities in the
following segments: Offshore petroleum and natural gas production;
Onshore petroleum and natural gas production; Onshore natural gas
processing; Onshore natural gas transmission compression; Underground
natural gas storage; Liquified Natural Gas (LNG) storage; LNG import
and export equipment; and Onshore petroleum and natural gas gathering
and boosting. Notably, Congress excluded the Natural Gas Distribution
segment from the waste emissions charge. CAA section 136(h) further
required the EPA to revise the petroleum and natural gas systems
(subpart W) source category of the GHGRP to ensure the reporting and
calculation of charges is based on empirical data and reflects total
methane emissions and waste emissions from covered facilities. The EPA
subsequently issued a ``Greenhouse Gas Reporting Rule: Revisions and
Confidentiality Determinations for Petroleum and Natural Gas Systems''
rule that amended subpart W to address potential gaps in reporting of
emissions data and to add new emissions calculation methodologies or
improve existing emissions calculation methodologies to ensure the
reporting under subpart W is based on empirical data and reflects total
methane emissions from applicable facilities, consistent with the
directives of CAA section 136(h) (89 FR 42062; May 14, 2024, hereafter
referred to as ``May 2024 Final Rule'').\8\ On July 4, 2025, Congress
amended CAA section 136(g) to amend the period under which a waste
emissions charge is imposed and collected, to begin with emissions
reported for calendar year 2034 and later.
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\5\ Direction was included the following year in the Omnibus
Appropriations Act of 2009 that ``Of the funds provided in the
Environmental Programs and Management Account, not less than
$6,500,000 shall be used for activities to develop and publish a
final rule not later than June 26, 2009, and to begin
implementation, to require mandatory reporting of greenhouse gas
emissions above appropriate thresholds in all sectors of the economy
of the United States, as required by Public Law 110-161.'' Public
Law 111-8.
\6\ See 75 FR 39736 (July 12, 2010), 75 FR 74458 (November 30,
2010), 75 FR 74774 (December 1, 2010), 75 FR 75060 (December 1,
2010) and 89 FR 31802 (April 25, 2024).
\7\ Although the 2009 Final Rule established Manure Management
(subpart JJ of Part 98) as a source category, the EPA has never
collected information from this source category. Congress has
included direction in appropriations that specified that
appropriated funds could not be used for this purpose. For example,
the 2024 Consolidated Appropriations Act stated that
``notwithstanding any other provision of law, none of the funds made
available in this or any other Act may be used to implement any
provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.''
www.congress.gov/bill/118th-congress/house-bill/4366/text.
\8\ Greenhouse Gas Reporting Rule: Revisions and Confidentiality
Determinations for Petroleum and Natural Gas Systems. 40 CFR part
98; [EPA-HQ-OAR-2023-0234; FRL-10246-02-OAR]; RIN 2060-AV83.
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The GHGRP applies to certain industrial facilities that emit GHGs
(primarily facilities emitting at least 25,000 MTCO2e),
upstream suppliers of fossil fuels and industrial GHGs (such as
CO2 and HFCs), and industries that capture and sequester
CO2 as a means of reducing CO2 emissions.
Approximately 8,200 facilities, suppliers, and CO2 injection
sites submit data each year. In the most recent Information Collection
Request (ICR), the EPA conservatively estimated that the annual burden
of this effort on the regulated community to be $303 million
annually,\9\ including the estimated burden on the oil and natural gas
sector.
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\9\ U.S. EPA ICR Greenhouse Gas Reporting Program Renewal
www.regulations.gov/document/EPA-HQ-OAR-2022-0883-0020. The EPA
estimated additional costs to regulated entities in the final rule
``Revisions and Confidentiality Determinations for Data Elements
Under the Greenhouse Gas Reporting Rule'' (89 FR 31802; April 25,
2024) and ``Greenhouse Gas Reporting Rule: Revisions and
Confidentiality Determinations for the Petroleum and Natural Gas
Systems'' (89 FR 42062; May 14, 2024).
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D. Legal Authority
The EPA is proposing to remove regulatory obligations going forward
for all non-subpart W sectors and the Natural Gas Distribution industry
segment of subpart W (Petroleum and Natural Gas Systems), and to
suspend reporting for the remainder of subpart W until RY2034. These
regulatory obligations were previously imposed under CAA section 114,
which forms the basis of the GHGRP for most industry segments except
subpart W starting in RY2034 under CAA section 136.\10\ The authority
for this proposed action is CAA section 114 and the Agency's implied
authority to reconsider prior actions taken under a grant of statutory
authority.\11\ CAA section 114(a)(1) authorizes the Administrator to
require emissions sources, persons subject to the CAA, or persons whom
the Administrator believes may have necessary information to monitor
and report emissions and provide such other information the
Administrator requests for the purposes of carrying out any provision
of the CAA; however, there are limits to this authority.
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\10\ The EPA intends to further address GHGRP subpart W in a
future rulemaking.
\11\ See Clean Air Council v. Pruitt, 862 F.3d 1, 8 (D.C. Cir.
2017) (``Agencies obviously have broad discretion to reconsider a
regulation at any time.''); see also FDA v. Wages & White Lion
Invs., LLC, 145 S. Ct. 898 (2025); FCC v. Fox TV Stations, Inc., 556
U.S. 502 (2009); Motor Vehicle Mfrs. Ass'n v. State Farm Mut. Auto.
Ins. Co., 463 U.S. 29 (1983).
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The Agency ``may'' require the information ``[f]or the purpose'' of
(i) developing an enumerated set of implementation plans, standards,
and regulations; (ii) determining whether any person is in violation of
such plans and standards; or (iii) carrying out any provision of the
CAA other than a provision of Title II.\12\ Relatedly, the entities
targeted by the reporting requirement must, in the belief of the
Administrator, ``have information necessary for the purposes set forth
in this subsection.'' \13\
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\12\ CAA section 114(a).
\13\ CAA section 114(a)(1).
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Regarding subpart W, CAA section 136 (c)-(g) required the EPA to
impose and collect a waste emissions charge on methane emissions that
exceeded specified thresholds from applicable facilities that reported
more than 25,000 MTCO2e of greenhouse gases under subpart W.
CAA section 136(h) further required the EPA to revise the petroleum and
natural gas systems (subpart W) source category of the GHGRP to ensure
the reporting and calculation of charges is based on empirical data and
reflects total methane emissions and waste emissions from covered
facilities. The May 2024 Final Rule amended subpart W to address CAA
section 136 obligations, including addressing potential gaps in
reporting of emissions data and to add new emissions calculation
methodologies or improve existing emissions calculation methodologies
consistent with the directives of CAA section 136(h). On July 4, 2025,
Congress amended CAA section 136(g) to amend the period under which a
waste emissions charge is imposed and collected to begin with emissions
reported for calendar year 2034 and later.
The EPA proposes to conclude that the EPA does not have the
authority to collect GHGRP data under CAA section 114(a)(1) for those
sectors not subject to CAA section 136, including the Natural Gas
Distribution segment of subpart W, because the reporting requirements
do not serve an underlying statutory purpose. The EPA also proposes to
conclude that the EPA does not have the authority to collect GHGRP data
under CAA section 114(a)(1) or CAA section 136 for those subpart W
sectors subject to CAA section 136 until RY2034, as reporting under
subpart W is not statutorily required under CAA section 136 until
RY2034. The EPA notes that CAA section 114(a)(1) authorizes the
collection of information ``on a one-time, periodic or continuous
basis,'' but believes that the statute is best read to require a closer
nexus between continuous reporting obligations and an underlying
statutory purpose, particularly given the Agency's obligation to take
the cost of information collection and reporting into account when
taking action.\14\ The EPA also acknowledges that this interpretation
represents a change from prior GHGRP rulemakings. Nevertheless, we
believe that this interpretation is most consistent with the text of
the statute
[[Page 44597]]
and supported by the Agency's experience with the GHGRP since 2011. The
EPA seeks comment on this interpretation, including on any legitimate
reliance on the Agency's prior interpretation of CAA section 114 and
the GHGRP reporting obligations that resulted therefrom.
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\14\ Michigan v. EPA, 576 US 743 (2015).
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In the alternative, the EPA proposes to rescind the aspects of the
GHGRP that rely on CAA section 114 on the basis that this authority is
discretionary, and the Administrator no longer believes the information
is necessary to carry out the provisions of the CAA, including relevant
rulemaking and enforcement functions. It has been over 15 years since
the EPA originally promulgated the GHGRP information collection
requirements, and since 2011 it has not used most of the information
collected to carry out other provisions under the CAA. For example, for
many of these industries the information is neither necessary for
developing the regulations enumerated in CAA section 114(a) nor
necessary for identifying violations of relevant implementation plans
or standards. Experience has shown that even if the EPA has previously
utilized GHGRP data, the EPA could instead collect such information
from other sources, including particularized CAA section 114
information collection requests and information submitted by states,
Tribes, and local governments during the CAA section 110 implementation
plan review process and collaborative enforcement efforts. The EPA's
assessment is that we would have ample information possible from these
other sources to carry out our statutory obligations. The EPA is aware
that there are some stakeholders who have opted to rely on certain
information collected through the aspects of the GHGRP that rely on CAA
section 114 (see section II.A of this preamble). The EPA considered
whether it would be appropriate and lawful to retain subparts of the
GHGRP from which the EPA or other Federal agencies have previously
utilized GHGRP data, but believes that such use has either been for
purposes other than those enumerated in CAA section 114(a) (and, thus,
these uses do not serve an underlying statutory purpose under the CAA)
or appropriately could be addressed through collection from other
sources. The EPA seeks comment on this alternative proposal to rescind
the GHGRP (except for nine of the ten segments in subpart W, which we
are proposing to suspend until RY2034 consistent with CAA section 136),
as an exercise in discretion, including on any legitimate reliance
interest that bears on the statutory purposes for which CAA section
114(a) authorizes the Agency to impose information collection and
reporting obligations.
II. Proposed Amendments to 40 CFR Part 98
A. Proposed Amendments and Rationale
In accordance with the purposes of CAA section 114 and the
Paperwork Reduction Act, the EPA is proposing to remove the
requirements of 40 CFR part 98 for all source categories under Part 98
other than petroleum and natural gas systems and is also proposing to
remove the Natural Gas Distribution industry segment from the petroleum
and natural gas systems source category (subpart W--Petroleum and
Natural Gas Systems). For the remaining subpart W provisions and the
subpart W-related requirements of the general provisions, in accordance
with the purposes of CAA sections 114 and 136 and the Paperwork
Reduction Act, the EPA is also proposing to modify the years of
applicability for reporting under subpart W to suspend reporting after
RY2024 until RY2034.
The proposed changes would revise the general provisions to modify
the applicability of the rule to remove the data collection,
monitoring, recordkeeping, and reporting requirements for all existing
direct emitter, supplier, and carbon sequestration source categories
after RY2024, with the exception of the petroleum and natural gas
source category. The proposed amendments would otherwise remove and
reserve the subpart-specific applicability, definitions, thresholds,
calculation methodologies, monitoring and quality assurance
requirements, missing data procedures, and recordkeeping and reporting
requirements for all specified direct emitter, supplier source, and
carbon sequestration categories. The result of these proposed changes
would be that reporting under the GHGRP would cease following RY2024,
except for most subpart W sources, which would not resume reporting
until RY2034. Details on the proposed revisions and subpart-specific
considerations are discussed in section II.B of this document.
The EPA is proposing these revisions to Part 98 following its
review of the utility of collecting GHG emissions data within the
context of the CAA. As discussed in section I.C of this preamble, the
Agency established the GHGRP under CAA section 114 authority and
consistent with appropriations by Congress under the FY2008
Consolidated Appropriations Act to establish a rule requiring mandatory
reporting of GHG emissions above appropriate thresholds ``in all
sectors of the economy of the United States.'' To the extent that the
Administrator believes that there is a future need for an emissions
regulation that requires additional information from regulated
stakeholders, the EPA can issue a new information collect request (ICR)
using its CAA section 114 authority as it does for every other
emissions issue within the CAA. Likewise, to the extent that the
Administrator believes additional information is required to identify
potential violations of the CAA and its implementing regulations, the
EPA can utilize existing sources of information or issue a targeted CAA
section 114 ICR.
The FY 2008 Consolidated Appropriations Act provided funds for
activities to develop and publish draft and final rules, by identified
dates, to require mandatory reporting of GHG emissions above
appropriate thresholds in all sectors of the economy of the United
States, but it did not require continuous information collection. The
2009 Omnibus Appropriations Act similarly provided only for such
activities in connection with a final rule to be issued by June 26,
2009, and to begin implementation.\15\ Further, in the 2009 Final Rule,
the EPA explained that it relied on the authority provided under CAA
section 114, not the Appropriations Act, for the implementation of the
rule.\16\
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\15\ Omnibus Appropriations Act, 2009; Public Law 111-8, March
11, 2009.
\16\ See, e.g., 74 FR 56286 (October 30, 2009): ``EPA is issuing
this rule under the authority of the CAA, and indeed EPA could have
issued this rule absent the direct instruction from Congress. . .
Thus, we do not agree that the appropriations language limit[s]
EPA's ability to collect the information under this rule, either in
duration or scope of the information requested.''
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As explained in section I.D of this preamble, CAA section 114(a)(1)
authorizes the EPA to, among other things, require certain persons on
``a one-time, periodic, or continuous basis'' to keep records, make
reports, undertake monitoring, sample emissions, or provide such other
information that the Administrator believes is necessary in carrying
out specified provisions of the CAA. The EPA proposes to conclude that
CAA section 114 does not authorize the GHGRP as presently constituted
or, in the alternative, to exercise its discretion to rescind the
GHGRP, (except for most of subpart W, for which the EPA would suspend
reporting until RY2034 consistent with CAA section 136), because the
Administrator no
[[Page 44598]]
longer believes the information collected under the rule is necessary
to implementing relevant provisions of the CAA.
Over the life of the GHGRP, the EPA developed a reporting framework
to evaluate the scope of U.S. GHG emissions, upstream supply, and
sequestration and capture. This framework was developed in response to
the FY 2008 Congressional provisions to collect data on GHGs from
``both upstream production and downstream sources'' \17\ and ``in all
sectors of the economy'' in order to collect a national data set that
would be sufficiently comprehensive for use in analyzing a range of GHG
policies and programs under the CAA. In the development of the 2009
Final Rule, the EPA sought to balance the emissions coverage and data
needs that were required for a robust data set for policy analysis with
the number of reporters (and the associated burden of reporting).
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\17\ From the accompanying joint explanatory statement to the FY
2008 Appropriations Act: ``The Agency is further directed to include
in its rule reporting of emissions resulting from upstream
production and downstream sources, to the extent that the
Administrator deems it appropriate.''
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In this action, the EPA reviewed the source categories for which
reporting is required under the GHGRP and considered whether ongoing
data collection may continue to be useful to meet the Agency's
statutory obligations (e.g., for development of standards for similar
source categories under the regulations enumerated in CAA section
114(a)). With limited exceptions, to date, the EPA has not proceeded
with developing emissions standards that would apply to the majority of
source categories reporting to the GHGRP. For example, GHGRP data from
the petroleum and natural gas, municipal solid waste landfill, and
carbon capture and sequestration source categories were previously
analyzed to inform the development of new source performance standards
(NSPS) and emission guidelines (EG) under CAA section 111 for oil and
natural gas facilities (81 FR 35824; June 3, 2016), municipal solid
waste landfills (81 FR 59332; August 29, 2016), and fossil-fuel fired
electricity generating units (89 FR 39798; May 9, 2024); however, the
EPA has not implemented standards for most additional source categories
covered by the GHGRP. The EPA is not planning to develop such
regulations at this time. Additionally, the information collected under
the GHGRP is also not necessary nor helpful to develop such regulations
or to inform development of new source performance standards under CAA
section 111, given the EPA's authority to collect such information on a
more targeted and relevant basis through particularized CAA section 114
ICRs and other sources of information. In other words, if GHG data are
needed to inform these regulations in the future, the EPA would be able
to collect more targeted and more relevant information through
particularized CAA section 114 ICRs. For these reasons, the EPA has
determined from its review that the information collected under the
GHGRP is not necessary to carry out the relevant provisions of the CAA.
The EPA is not intending to use further continuous annual collection of
reported data from numerous source categories, as such continuous
collection is unnecessary to inform the EPA's knowledge of these
industry sectors, emissions, or trends at this time.
Additionally, throughout the years, the EPA relied on other
resources not appropriated specifically for that purpose to promulgate
multiple additional rules related to the GHGRP. On April 25, 2024, the
EPA promulgated a rule adding greenhouse gas monitoring and reporting
for five new source categories: coke calcining; ceramics manufacturing;
calcium carbide production; caprolactam, glyoxal, and glyoxylic acid
production; and facilities conducting geologic sequestration of carbon
dioxide with enhanced oil recovery (89 FR 31802, hereafter referred to
as ``April 2024 Final Rule''), without any clear plan.\18\ These source
categories, which were required to begin collecting data January 1,
2025, for reports for RY2025, would have provided data from less than
50 facilities in total, and we anticipate based on estimates devised
from already available information that the emissions from these
facilities would be a relatively small contribution to total U.S.
emissions and would not significantly change our understanding of
overall U.S. GHG emissions and supply. Hence, following our
consideration of removing reporting obligations for similarly sized
source categories (and pursuant to our review under E.O. 14154), we
propose to remove data collection requirements for these entities.
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\18\ Revisions and Confidentiality Determinations for Data
Elements Under the Greenhouse Gas Reporting Rule. 40 CFR parts 9 and
98 [EPA-HQ-OAR-2019-0424; FRL-7230-01-OAR] RIN 2060-AU35.
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In the development of this action, the EPA considered whether to
retain reporting for any source categories, as well as opportunities
for reducing the burden of reporting for any retained source categories
(e.g., reducing the frequency of reporting, removing or streamlining
specific data requirements, or removing small emission sources). The
EPA also considered the alternative of transitioning the GHGRP from
mandatory to voluntary reporting. Under this scenario, facilities that
have made the investment in the monitoring systems required to collect
the data under the existing program could elect to continue to gather
and report this emissions information to satisfy internal requirements,
such as corporate sustainability goals. A voluntary GHGRP would
maintain flexibility for sources that opt to gather and report this
information while providing a national GHG emissions framework. This
approach could allow for a national data set to inform policy and
program development while significantly lowering the burden on
regulated entities. However, a voluntary reporting program could also
result in submittal of incomplete or piecemeal reports, and the
verification and accuracy of the data submitted would be limited. For
the reasons described in this section, the EPA ultimately determined
that maintaining continuous or intermittent reporting under any of
these source categories, including voluntary reporting, is inconsistent
with CAA section 114 or appropriately could be addressed through
collection from other sources. Additionally, collection of data for
nine of ten industry segments under subpart W is also not necessary to
meet the requirements of CAA section 136 until reporting year 2034. The
EPA also acknowledges that the data collected and published by the
GHGRP is used for non-CAA statutory reasons by various state, Tribal,
local, Federal, and nongovernmental entities (including industry and
the public) to track, inform, and evaluate policy regarding potential
reductions of GHG emissions and for other purposes. For example, the
data collected under the GHGRP is used to inform the phase down of HFC
production and consumption under the American Innovation and
Manufacturing (AIM) Act, and the EPA understands that several states
use the emissions estimation, reporting methodologies, and data from
the GHGRP to develop or supplement state-level GHG emissions inventory
programs. However, for gases regulated under the AIM Act, this
information, if needed, could be collected as part of any program
directly related to the AIM Act or for the purposes of states,
collected under state authorities to support state programs. Through
the GHGRP, the EPA has also published monitoring, review, and
verification plans and geologic sequestration data
[[Page 44599]]
for facilities engaged in the sequestration of CO2 for
underground storage. The Treasury Department and the Internal Revenue
Service (IRS) make reference to these plans and associated annual data
in regulations under section 45Q of the Internal Revenue Code (IRC),
the credit for carbon oxide sequestration, and the related Treasury
Decision.\19\ The Treasury Department and the IRS also refer to the
subpart W regulation in the preamble of the final regulations under
section 45V of the IRC, the credit for clean hydrogen production.\20\
The EPA considers the use of GHGRP data for such purposes an additional
benefit for these entities that is not required to carry out the
Agency's functions under the CAA, and believes that information could
be provided in different, more efficient, ways. Because these purposes
are not the basis for our authority to collect the data under CAA
section 114 (i.e., these purposes are not relevant to the EPA's
carrying out CAA provisions), these purposes are not an adequate
statutory basis for continuing to require collection and reporting of
the data. In addition, the EPA anticipates that some stakeholders would
need to make administrative revisions to their programs to accommodate
the proposed removals from Part 98. For example, the Treasury
Department and the IRS have issued regulations for purposes of the
prevailing wage and apprenticeship requirement of the energy credit of
section 48 of the IRC which point to the values found in Table C-1 to
subpart C of Part 98.\21\ Removal of the GHGRP would affect such
references, and in this example case, we anticipate that the Treasury
Department and the IRS may need to revise the regulation given that
Table C-1 is proposed to be removed. The EPA expects that such
amendments could allow for different options for stakeholders to
potentially qualify for tax credits, and believes that, regardless,
this use of GHGRP reporting data is not a purpose that triggers our
authority under CAA section 114.
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\19\ See T.D. 9944 (January 15, 2021), available at:
www.federalregister.gov/documents/2021/01/15/2021-00302/credit-for-carbon-oxide-sequestration.
\20\ T.D. 10023 (January 10, 2025), available at: https://www.federalregister.gov/documents/2025/01/10/2024-31513/credit-for-production-of-clean-hydrogen-and-energy-credit.
\21\ Treasury Reg. Sec. 1.48-13(e)(7).
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In addition, there are surveys conducted by other parts of the U.S.
government that can inform GHG emissions data in the absence of GHGRP
data collection. For example, the Manufacturing Energy Consumption
Survey (MECS) is a national sample survey that collects information on
the stock of U.S. manufacturing establishment and their energy
consumption and expenditures. MECS is currently conducted on a
quadrennial basis. Fuel consumption is an important input in the
calculation of a facility's greenhouse gas emissions for many
facilities. Although the MECS does not provide the same level of detail
nor does it include all of the sources of emissions currently captured
by the GHGRP, in keeping with the directives of E.O. 14154 and E.O.
14192, the Agency can no longer justify the cost of collecting data for
all source categories at this time. The GHGRP requires mandatory
reporting from over 8,200 facilities, suppliers, and CO2
injection sites. The total cost of reporting is estimated to be $303
million per year. Subpart W reporting accounts for $256 million of the
annual costs, of which the Natural Gas Distribution industry segment
represents $3 million per year. Therefore, suspending all reporting
until 2034 would save $303 million per year from 2025-2033. Requiring
reporting for only subpart W (minus distribution) starting in 2034
would save approximately $50 million per year in 2034 and future years.
These cost savings estimates are based on data collection and reporting
costs documented in current ICRs covering the GHGRP, as further
explained in section III. Continued data collection across all sectors
does not provide additional benefits with respect to our statutory
obligations relative to these costs. The EPA seeks comment on the costs
of GHGRP reporting to industry stakeholders and on whether such costs
are commensurate to any relevant benefits.
In sum, the EPA believes it has more than satisfied the
Congressional direction provided under the FY 2008 Consolidated
Appropriations Act and FY 2009 Omnibus Act and that it is appropriate
at this time to discontinue the collection of information from all
sources that do not have a statutory requirement to collect GHG
emissions. As discussed previously in this section and section I.D of
this preamble, the EPA proposes to conclude that CAA section 114 does
not support imposing collection requirements for this information or,
at minimum, that the Agency should no longer exercise its discretion to
utilize our CAA section 114 authority in this manner.
We note that the data collected for nine of ten industry segments
under subpart W of Part 98 will be necessary to meet the requirements
of CAA section 136 beginning with RY2034. The proposed revisions to
Part 98 do not include any proposed actions with respect to facilities
in the petroleum and natural gas systems source category or obligations
under the general provisions of the program relevant to subpart W
facilities, except the following: (1) revisions to the date of
applicability of this rule, if finalized, to resume with reporting year
2034 and (2) revisions to remove reporting obligations for the Natural
Gas Distribution industry segment. The EPA previously promulgated
revisions to subpart W in the May 2024 Final Rule to meet the
requirement of CAA section 136(h). The EPA received three
administrative petitions on the May 2024 Final Rule and intends to
reconsider aspects of that final rule, including evaluating changes to
subparts W and C of Part 98, in a separate notice and comment
rulemaking that would apply to RY2034 and later, if this rule is
finalized as proposed. Details regarding the provisions of subparts C
and W are discussed in section II.B of this document.
B. Additional Source-Specific Considerations of the Proposed Amendments
1. Subpart A--General Provisions
For the reasons explained in section II.A of this preamble, the EPA
is proposing several changes to subpart A of Part 98 (General
Provisions) that limit the applicability of the Part 98 reporting rule
to the 2034 reporting year (i.e., annual GHG reports covering calendar
year 2034 activities due to the EPA on or before March 31, 2035) and
future reporting years and to limit the applicability for those years
to facilities in the petroleum and natural gas systems source category
(subpart W of Part 98--Petroleum and Natural Gas Systems).This would
not apply to the Natural Gas Distribution industry segment because, as
noted in section II.A and described in detail in section II.B.3 of this
document, in this action the EPA is proposing to remove GHGRP
requirements for this segment. These proposed changes are intended to
eliminate the general provisions of subpart A of Part 98 for all
sources for which the EPA is proposing to remove reporting obligations
(i.e., other than subpart W) and to remove reporting obligations for
all subparts for reporting years 2025 through reporting year 2033. The
EPA is proposing to revise paragraph 40 CFR 98.2(a)(2), which includes
applicability conditions and requirements for facilities listed in
Table A-4 to subpart A of Part 98, to remove any reference to inclusion
of miscellaneous use of carbonate (under subpart U of Part 98) and
stationary fuel combustion (under subpart C of Part 98)
[[Page 44600]]
in the facility's annual report. We are proposing these revisions to
paragraph 40 CFR 98.2(a)(2) as reporting under the subpart C and
subpart U source categories would no longer be required for RY2025 and
the future years. The EPA is proposing to revise Table A-4 to subpart A
of Part 98 that provides a list of source categories that are
applicable to the rule under 40 CFR 98.2(a)(2). Our proposed revisions
to Table A-4 to subpart A would remove all source categories on the
list with the exception of petroleum and natural gas systems (subpart W
of Part 98) and revise the years of applicability to reporting year
2034 and future years. The source categories currently listed in this
table that we are proposing to remove would no longer be required to
report GHG data beyond the 2024 reporting year. For subpart W
facilities, facilities would no longer be required to report GHG data
for reporting years 2025 through 2033.
The EPA is proposing to remove and reserve Table A-3 to subpart A
of Part 98 that provides a list of source categories that are
applicable to the rule under 40 CFR 98.2(a)(1). The source categories
currently listed in this table would no longer be required to report
GHG data beyond the 2024 reporting year. We are also proposing to
remove and reserve paragraph 40 CFR 98.2(a)(1) that includes
applicability conditions that would no longer apply with the removal of
Table A-3 to subpart A of Part 98.
The EPA is proposing to remove and reserve 40 CFR 98.2(a)(3) which
provides applicability conditions for facilities that only contain
general stationary fuel combustion sources. These applicability
conditions apply to facilities that operate stationary fuel combustion
sources (30 mmBTU/hour or greater and 25,000 MTCO2e or more
per year in combined emissions) and are not otherwise covered under any
reporting methodology or subpart of the rule.
The EPA is proposing to remove and reserve 40 CFR 98.2(a)(4) that
provides applicability conditions for supplier categories and refers to
Table A-5 of subpart A of Part 98, which we are also proposing to
remove and reserve. The EPA is proposing to remove and reserve
paragraphs 40 CFR 98.2(b)(2) and 98.2(b)(3) that refer to subparts C
and U of Part 98 respectively, both of which we are proposing to remove
and reserve. The EPA is proposing to remove and reserve paragraphs
98.2(d) through 98.2(g) that include threshold calculations that would
no longer be relevant with the proposed removal of multiple facility
and supplier source categories. The EPA is also proposing to remove and
revise language in 40 CFR 98.2(i) that refers to facility and supplier
source categories that would no longer be subject to this proposed
rule. The EPA is proposing to remove and reserve Table A-5 to subpart A
of Part 98 that provides a list of supplier categories that are
applicable to the rule under 40 CFR 98.2(a)(4). The supplier categories
currently listed in this table would no longer be required to report
GHG data beyond the 2024 reporting year. In addition, we are proposing
to remove and reserve 40 CFR 98.2(i)(4) that extends the off-ramping
provisions of 40 CFR 98.2(i) to supplier categories. This language
would no longer be required as supplier categories would no longer be
subject to the rule. Similarly, the EPA is proposing to revise sections
40 CFR 98.1 through 98.6 to remove references to the term ``suppliers''
as suppliers source categories would no longer be included under this
proposal. For example, we are proposing to adjust the definitions of
``North American Industry Classification System (NAICS) code(s)'' and
``United States parent company(s)'' to remove the references to
``suppliers.'' Similarly, the EPA is proposing to remove a number of
definitions under 40 CFR 98.6 that refer to terms used in facility and
supplier source categories that we are proposing to reserve and would
no longer be subject to the rule.
The EPA is also proposing to remove references to the Natural Gas
Distribution industry segment in 40 CFR 98.4(n), the paragraph in
subpart A that describes the alternative provisions for changes in
owners and operators for industry segments with a unique definition of
facility as defined in 40 CFR 98.238.
The EPA is also proposing that sources no longer required to report
for RY2025 and future years through these proposed changes to Tables A-
3 through A-5 to subpart A would no longer be subject to any
requirements in subpart A, including the recordkeeping schedule under
40 CFR 98.3(g). The EPA is also proposing that facilities in the
petroleum and natural gas systems sector required to report for RY2024
and earlier would not be subject to any requirements in subpart A,
including the recordkeeping schedule under 40 CFR 98.3(g) from the
effective date of the final rule for this proposal, if finalized, until
they are again subject to reporting in 2034. Therefore, no facilities
would be expected to resubmit or amend their reports for the 3- or 5-
year periods following the original submissions for RY2024 and earlier
if this rule is finalized as proposed. Under 40 CFR 98.3(h), regulated
entities are required to submit amended reports if they discover a
substantive error. As the regulated entities would no longer have this
obligation (or for petroleum and natural gas systems would not have
this obligation until RY2034 and later) under the proposed revisions
going forward, the EPA would not maintain the electronic functionality
to support these resubmissions and would similarly not expect to
receive hard copy resubmissions.
The EPA is proposing to revise 40 CFR 98.3(b) to add a new
paragraph that would extend the reporting deadline for RY2025 reports
for GHGRP reporters. As described in section II.C of this preamble, the
EPA expects that the amendments in this preamble would be effective
sixty days after publication. The EPA expects that there would not be
enough time between the signature of the final amendments and March 31,
2026, the RY2025 reporting deadline. Therefore, the EPA is proposing to
revise 40 CFR 98.3(b) to add a new paragraph that would extend the
reporting deadline for RY2025 to June 10, 2026, for these amendments to
be effective for RY2025.
In addition to the amendments proposed above, the EPA is also
proposing to remove outdated language in subpart A of Part 98 that is
no longer needed and that may cause confusion in the future. The EPA is
proposing to remove 40 CFR 98.3(b)(1), which clarified the 2011
reporting year schedule for certain sources and is no longer needed.
Similarly, the EPA is proposing to remove all provisions under 40 CFR
98.3(d) and 98.3(j), which were special provisions for best available
monitoring methods (BAMM) and abbreviated emissions reporting that only
applied to the 2010 through 2013 reporting years and are no longer
needed. Finally, the EPA is proposing to remove numerous definitions
from 40 CFR 98.6. These terms are only used in source categories that
the EPA is proposing to remove, and so these terms would no longer need
to be defined.
2. Subpart C--General Stationary Fuel Combustion Sources
Subpart C is a subpart that contains stationary fuel combustion
source emissions. The emissions reported under subpart C include
CO2, methane (CH4), and nitrous oxide
(N2O). Stationary fuel combustion sources include, but are
not limited to, boilers, combustion turbines, engines, incinerators,
and process heaters. Subpart C excludes flares (unless otherwise
required by provisions of another subpart of Part 98 to use
methodologies in subpart C), portable equipment (as defined in 40 CFR
98.6),
[[Page 44601]]
emergency generators and emergency equipment (as defined in 40 CFR
98.6), agricultural irrigation pumps, and combustion of hazardous waste
(except for co-fired fuels). Specific pilot lights and hazardous waste
combustors are also not required to report (see 40 CFR 98.30(c) and 40
CFR 98.30(d) for more detail).
Prior to 2010, owners and operators of certain facilities in the
petroleum and natural gas industry reported emissions from a broad
range of stationary fuel combustion sources under subpart C. When the
EPA established subpart W, three industry segments (i.e., Onshore
production, Onshore gathering and boosting, Natural Gas Distribution)
started reporting emissions from stationary and portable fuel
combustion equipment (portable includes equipment such as well drilling
and completion equipment, workover equipment, and skid-mounted
compressors) under subpart W. Fugitive, vented, and combustion
emissions from portable equipment were included in the threshold
determination and reporting requirements for subpart W (for certain
subpart W segments) in the November 2010 final rule due to the unique
nature of the petroleum and natural gas industry. Portable combustion
emissions are a large contributor to GHG emissions to those subsectors:
emissions from portable combustion equipment (as described above)
accounted for over 45 percent of total emissions from onshore petroleum
and natural gas production.
All other applicable industry segments (Offshore petroleum and
natural gas production, Onshore natural gas processing, Onshore natural
gas transmission compression, Underground natural gas storage, LNG
storage, and LNG import and export equipment) report emissions from
only stationary fuel combustion sources under subpart C. For example,
for petroleum and natural gas facilities that report under subpart C,
emissions from combustion turbines or emissions routed to combustion
devices from W processes, e.g., emissions routed from storage tanks to
process heaters, would get reported under subpart C. Combustion
emissions are a substantial portion (approximately two thirds) of oil
and gas sector emissions.
If this rule is finalized as proposed, a large fraction of subpart
W facilities that report under subpart C (67 percent of reporters in
these segments that are currently above 25,000 MTCO2e) would
likely fall below the 25,000 metric ton CO2e threshold for
subpart W and would eventually discontinue reporting under the program.
For the reasons explained in section II.A of this preamble, the EPA
is proposing to fully remove the requirements for direct emitters to
annually report combustion-related GHG emissions under subpart C of
Part 98. Alternatively, the EPA is considering and taking comment on a
modification to the requirements of subpart C that would limit the
applicability of subpart C to subpart W (Petroleum and Natural Gas
Systems) facilities over the same reporting years that would be
applicable to subpart W facilities (i.e., suspended until RY2034 and
future years). This would not apply to the Natural Gas Distribution
industry segment because, as described in section II.B.3 of this
preamble, in this action the EPA is proposing to remove GHGRP
requirements for this segment.
In the May 2024 Final Rule, the EPA finalized revisions to ensure
that emissions reporting under subpart W is based on empirical data and
to allow owners and operators to submit appropriate empirical data to
demonstrate the extent to which a charge is owed in future
implementation of CAA section 136, as directed by CAA section 136(h).
The May 2024 Final Rule also finalized the addition of emission sources
to ensure that subpart W reflects total methane emissions from the
applicable facilities and finalized revisions to improve data
verification and transparency. The EPA received petitions on the May
2024 Final Rule on several issues, including a request to move
combustion emissions reporting for some industry segments from subpart
W to subpart C. The EPA sent a response to the subpart W petitions for
reconsideration on March 26, 2025, in which the EPA stated that it
intends to issue a Federal Register notice initiating a rulemaking
process, including public notice and comment, that includes this issue.
A separate notice of proposed rulemaking is forthcoming, in which we
intend to address the question of where combustion emissions should be
reported for oil and gas facilities. We note that the industry segments
that report emissions from stationary or portable fuel combustion
equipment under subpart W calculate emissions according to 40 CFR
98.233(z), which cross-references subpart C for some calculation
methodologies. The EPA intends to address any cross-referencing issues
as part of that future separate proposed rulemaking on subpart W.
3. Subpart W--Petroleum and Natural Gas Systems
Subpart W covers facilities in ten industry segments of the
petroleum and natural gas industry: Onshore petroleum and natural gas
production; Offshore petroleum and natural gas production; Onshore
natural gas processing; Onshore natural gas transmission compression;
Onshore petroleum and natural gas gathering and boosting; Onshore
natural gas transmission pipelines; Underground natural gas storage;
LNG storage; LNG Import and Export Equipment; and Natural Gas
Distribution.
In the May 2024 Final Rule, the EPA finalized revisions to ensure
that emissions reporting under subpart W is based on empirical data and
to allow owners and operators to submit appropriate empirical data to
demonstrate the extent to which a charge is owed in future
implementation of CAA section 136, as directed by CAA section 136(h).
The May 2024 Final Rule also finalized the addition of emission sources
to ensure that subpart W reflects total methane emissions from the
applicable facilities, as directed by CAA section 136(h), and finalized
revisions to improve data verification and transparency. In 2022, CAA
section 136 established the Methane Emissions Reduction Program and
requires the EPA to impose and collect a waste emissions charge
beginning with calendar year 2024 emission data from the petroleum and
natural gas systems sector reported under subpart W. On July 4, 2025,
Congress amended CAA section 136(g) to amend the period under which a
waste emissions charge is imposed and collected to begin with emissions
reported for calendar year 2034 and later. As noted above, this
amendment removes statutory requirements for all subpart W industry
segments (except the Natural Gas Distribution industry segment, which
is not subject to CAA section 136) until 2034.
Additionally, in this action, the EPA is proposing to remove GHGRP
requirements for the Natural Gas Distribution industry segment within
subpart W, which are not required or necessary under CAA section 136.
Specifically, the EPA is proposing several amendments to remove the
Natural Gas Distribution industry segment from subpart W. These
proposed amendments include removing the Natural Gas Distribution
industry segment definition in 40 CFR 98.230(a)(8), the Natural Gas
Distribution industry segment-specific reporting threshold in 40 CFR
98.231(a)(2), the list of emission sources for which natural gas
distribution facilities currently calculate and report emissions in 40
CFR 98.232(i), and the definition of ``facility with respect to
[[Page 44602]]
natural gas distribution for purposes of reporting under this subpart
and for the corresponding subpart A requirements'' in 40 CFR 98.238.
The EPA is also proposing to remove references to the Natural Gas
Distribution industry segment as necessary from the calculation method
requirements in 40 CFR 98.233 and the reporting requirements in 40 CFR
98.236 for the emission sources listed in 40 CFR 98.232(i), including
equipment leaks, stationary fuel combustion sources, other large
release events, blowdown vent stacks, natural gas pneumatic device
venting, and crankcase vents. The EPA is also proposing to remove
references to the Natural Gas Distribution industry segment and
emission factors specific to that industry segment in Tables W-1, W-5,
and W-6 to Part 98.\22\
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\22\ The EPA is also proposing to revise the formatting of the
first three sets of emission factors in Table W-1 to show the
industry segments for which those emission factors apply as a list
separated by commas rather than a bulleted list. This proposed
amendment would improve the clarity of the table for reporters in
the affected industry segments.
---------------------------------------------------------------------------
For the reasons explained in section II.A of this preamble, in this
action, the EPA is also proposing to suspend the requirements for
petroleum and natural gas facilities to report under subpart W, as
described in section II.B.1 of this preamble. However, the EPA is aware
that the data for the petroleum and natural gas systems source category
are used by different governmental organizations in support of their
regulatory programs. For example, the Treasury Department and the IRS
also refer to the subpart W regulation in the preamble of the final
regulations under section 45V of the IRC, the credit for clean hydrogen
production (90 FR 2224, January 10, 2025). Although the EPA
acknowledges this use of data reported under subpart W, that purpose
and such use of GHGRP data does not fall under the purposes of the CAA
section 114 (i.e., are not relevant to the EPA's carrying out of CAA
provisions) as discussed in section II.A of this preamble. Therefore,
the EPA is requesting comment on the proposed suspension of reporting
under subpart W until reporting year 2034.
4. Subpart HH--Municipal Solid Waste Landfills
In the April 2024 Final Rule, the EPA finalized revisions to
subpart HH (Municipal Solid Waste Landfills) of Part 98 that lowered
landfill gas collection efficiencies by 10-percentage points for all
reporting municipal solid waste (MSW) landfills with a gas collection
system, regardless of whether the landfill conducted surface emissions
monitoring. The final action was based on comments received in response
to the May 2023 proposed rule (88 FR 32852; May 22, 2023) and review of
recent emissions measurement studies for landfills with gas collection
systems.
The EPA received an administrative petition for reconsideration
from the National Waste and Recycling Association (NWRA) on June 24,
2024, regarding the EPA's determination to reduce landfill default
collection efficiency values. NWRA requested that the EPA reconsider
the finalized revision to the collection efficiency values based on
their argument that the public was not ``afforded adequate notice of
EPA's ultimate decision to reduce existing collection efficiencies for
all landfills, irrespective of whether a landfill was conducting
[surface emissions monitoring]'' therefore claiming that the final
determination is not a ``logical outgrowth'' of the original proposal.
NWRA also stated the final lower collection efficiency values will
overestimate emissions across the sector and requested the EPA to
reconsider the final values. On August 8, 2024, EPA responded to NWRA
granting reconsideration on this issue. NWRA's petition for
reconsideration and the EPA's response are available in the docket for
this rulemaking (Docket Id. No. EPA-HQ-OAR-2025-0186).
The EPA is proposing to remove the reporting requirements of
subpart HH for the reasons explained in section II.A of this preamble.
However, the EPA is also seeking comment on the collection efficiency
default value in order to respond to and meet any obligations of the
petition for reconsideration. Specifically, we are seeking comment on
whether the collection efficiency values used in subpart HH for all
subject landfills with a gas collection system should be reverted back
to the values originally used prior to the April 2024 Final Rule (i.e.,
60 percent for areas with daily cover, 75 percent for areas with
intermediate cover, and 95 percent for areas with final cover), if the
collection efficiency values finalized in the April 2024 Final Rule
should be maintained (i.e., 50 percent for daily cover, 65 percent for
intermediate cover, and 85 percent for final cover), or if the
collection efficiency values should be revised further based on current
published literature and available data, available in the docket for
this rulemaking (Docket Id. No. EPA-HQ-OAR-2025-0186), should the EPA
not finalize the proposed change to eliminate all reporting under
subpart HH.
5. Subparts PP--Suppliers of Carbon Dioxide, RR--Geologic Sequestration
of Carbon Dioxide, UU--Injection of Carbon Dioxide, and VV--Geologic
Sequestration of Carbon Dioxide With Enhanced Oil Recovery Using ISO
27916
The GHGRP contains four subparts directly related to carbon capture
and sequestration (CCS). These include subpart PP (Suppliers of Carbon
Dioxide), subpart RR (Geologic Sequestration of Carbon Dioxide),
subpart UU (Injection of Carbon Dioxide), and subpart VV (Geologic
Sequestration of Carbon Dioxide with Enhanced Oil Recovery Using ISO
27916). For the reasons explained in section II.A of this preamble, the
EPA is proposing to fully remove the requirements for reporters under
these subparts.
Subpart PP (Suppliers of Carbon Dioxide) covers facilities that
capture and/or produce CO2 from production wells for the
purpose of supplying CO2 for commercial applications or
underground injection. It also covers importers and exporters of bulk
CO2. Subpart RR (Geologic Sequestration of Carbon Dioxide)
covers any well or group of wells that inject a CO2 stream
for long-term containment in subsurface geologic formations. Facilities
that inject carbon dioxide for enhanced oil recovery are required to
report data under either subpart UU or subpart VV or can opt to report
under subpart RR instead of subpart UU or VV by submitting a subpart RR
monitoring, reporting, and verification plan for EPA approval. Subpart
UU (Injection of Carbon Dioxide) covers any well or group of wells that
inject a CO2 stream into the subsurface. This includes any
wells used to enhance oil and gas recovery, unless those wells are a
part of a facility that has opted to report data under subpart RR.
Subpart VV, finalized in the April 2024 Final Rule, applies to
facilities that use the International Standards Organization (ISO)
standard designated as CSA Group (CSA)/American National Standards
Institute (ANSI) ISO 27916:2019, Carbon Dioxide Capture, Transportation
and Geological Storage--Carbon Dioxide Storage Using Enhanced Oil
Recovery (CO2-EOR) as a means of quantifying geologic
sequestration. Subpart VV does not apply to EOR facilities that have
opted to report under subpart RR.
[[Page 44603]]
The EPA is aware that the data for certain source categories are
used by different governmental organizations in support of their
regulatory programs. For example, as noted previously, the Treasury
Department and the IRS have issued regulations that provide guidance
regarding taxpayer credit for carbon oxide sequestration under section
45Q of the Internal Revenue Code.\23\ These regulations, and related
preamble discussion in the Treasury Decision, refer to requirements
under the GHGRP.\24\ The Treasury Department and the IRS have also
requested comment on whether data reported under subpart PP of Part 98
(Suppliers of Carbon Dioxide) could be used to substantiate carbon
capture amounts.\25\ Although the EPA acknowledges this use of the
GHGRP, that purpose and such use of GHGRP efforts does not fall under
the purposes of the CAA that authorize ICRs under CAA section 114
(i.e., are not relevant to the EPA's carrying out of CAA provisions) as
discussed in section II.A of this preamble. Therefore, the EPA is
requesting comment on the proposed removal of all source categories
related to carbon capture and sequestration, including subpart PP
(Suppliers of Carbon Dioxide), subpart RR (Geologic Sequestration of
Carbon Dioxide), subpart UU (Injection of Carbon Dioxide), and subpart
VV (Geologic Sequestration of Carbon Dioxide with Enhanced Oil Recovery
Using ISO 27916).
---------------------------------------------------------------------------
\23\ Treasury Reg. Sec. 1.45Q-1 through -5.
\24\ T.D. 9944 (January 15, 2021), available at:
www.federalregister.gov/documents/2021/01/15/2021-00302/credit-for-carbon-oxide-sequestration.
\25\ Notice 2022-57, 2022-47 I.R.B. 482, available at
www.irs.gov/pub/irs-drop/n-22-57.pdf.
---------------------------------------------------------------------------
C. Schedule
The EPA is proposing that these amendments, if finalized, would
become effective within sixty days of publication in the Federal
Register. Because the proposed amendments would remove the reporting
obligations for most reporters following RY2024 (with the exception of
owners and operators of petroleum and natural gas facilities subject to
subpart W (Petroleum and Natural Gas Systems), which would resume
reporting obligations in RY2034 for all segments except Natural Gas
Distribution), reporters would cease reporting GHG data under Part 98
within sixty days of publication of the final rule in the Federal
Register. The EPA is also proposing to remove the electronic
capabilities to receive any reporting information until needed for 2034
reporting for the remainder of subpart W. Petroleum and natural gas
systems facilities under subpart W (excluding Natural Gas Distribution)
would be required to submit their next subpart W report (for RY2034) by
March 31, 2035, and annually thereafter in accordance with 40 CFR
98.3(b).
III. Impacts of the Proposed Amendments
In this action, the EPA is proposing to remove GHG reporting
requirements for most source categories under 40 CFR part 98 and
suspend reporting requirements for most segments of petroleum and
natural gas systems (subpart W of Part 98--Petroleum and Natural Gas
Systems) until RY2034 (starting January 1, 2034), consistent with CAA
section 136. The EPA is proposing to remove GHG reporting requirements
for the Natural Gas Distribution segment of subpart W.
To estimate impacts of this rule, the EPA quantified direct cost
savings from reduced labor, operations and maintenance (O&M), and
capital costs required to comply with measurement and reporting
requirements of the GHGRP.\26\ Because this is a reporting rule and
there are no requirements to reduce emissions, there are no expected
emission changes or monetized changes in benefits from emissions. Other
potential impacts of this rule relate to the potential relevance of the
reported data to policy making, transparency, and market efficiency.
This rule may also have indirect impacts on other Federal, state or
local agencies, Tribes, or nongovernmental entities (including industry
and the public) that may rely on the GHGRP data for non-CAA statutory
reasons. Examples of such uses include informing the phase down of HFC
production and consumption under the AIM Act, implementation of 45Q and
45V credits, and use in state-level GHG inventory programs (see section
II of this preamble). Although the magnitude of these impacts or the
response by non-EPA parties to adapt to these changes is too uncertain
to quantify, the EPA invites comment or data that could be used to
inform analysis for the final rule.
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\26\ For more information on how the EPA estimated the impacts
of this proposal, see the document ``Impacts of Reconsideration of
the Greenhouse Gas Reporting Program'' in the docket for this
rulemaking (Docket Id. No. EPA-HQ-OAR-2025-0186).
---------------------------------------------------------------------------
Compared to the current reporting requirements, the EPA estimates
cost savings for reporters to the GHGRP resulting from this rule at
$303 million per year. The portion of these annual cost savings
associated with the petroleum and natural gas industry (subpart W) is
approximately $256 million per year, while the cost savings associated
with other industries is $46.9 million per year. The estimated cost
savings were derived from multiple sources, including the most recent
programmatic ICR renewal, incorporation of incremental burden from the
2024 GHGRP Final Rule and the 2024 Subpart W Rule, and subsequent
adjustments for inflation. The labor cost estimates have been updated
to reflect 2024 labor rates and updated projections of reporters based
on RY2023 facilities. The EPA did not re-analyze labor, capital, or O&M
costs of existing program requirements, but relied on past estimates.
Table 2 of this preamble demonstrates the annual cost savings resulting
from this rule over the next 9 years.
---------------------------------------------------------------------------
\27\ These values are calculated using a 3 percent consumption
discount rate.
Table 2--Annual Cost Savings of the GHGRP for Reporting Year 2025-2033
[2024$/year] \27\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pre-2024 GHGRP costs 2024 GHGRP rule 2024 Subpart W rule Total of three Total adjusted costs
Cost type \1\ incremental costs \2\ incremental costs \3\ original ICRs \4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Labor Costs........................ $61.9 million......... $2.7 million.......... $169.4 million....... $234.0 million....... $247.7 million.
Capital Costs...................... $0.................... $0.................... $0................... $0................... $0.
O&M Costs.......................... $33.3 million......... $2.7 million.......... $14.1 million........ $50.1 million........ $55.0 million.
Total Costs........................ $95.2 million......... $5.4 million.......... $183.6 million....... $284.1 million....... $302.7 million.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Proposed Information Collection Request; Comment Request; Information Collection Request for the Greenhouse Gas Reporting Program. FRL-10918-01-OAR.
\2\ Revisions and Confidentiality Determinations for Data Elements Under the Greenhouse Gas Reporting Rule. 40 CFR parts 9 and 98; [EPA-HQ-OAR-2019-
0424; FRL-7230-01-OAR]; RIN 2060-AU35.
[[Page 44604]]
\3\ Greenhouse Gas Reporting Rule: Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems. 40 CFR part 98; [EPA-HQ-OAR-2023-
0234; FRL-10246-02-OAR]; RIN 2060-AV83.
\4\ Total costs were adjusted for 2024 labor rates and updated projections of reporters.
The proposed revisions in this rulemaking would delay requirements
that apply to the petroleum and natural gas systems source category of
the Greenhouse Gas Reporting Rule, as well as eliminate all
requirements that apply to all other categories. The EPA anticipates
that the proposed revisions would significantly decrease costs for
reporters. To the extent consideration of costs is relevant to the
EPA's proposal for meeting its obligation under the CAA, these
anticipated cost savings are reasonable.
As discussed in section IV of this preamble, the EPA is proposing
to implement these changes beginning for RY2025. While reporting to
subpart W would be delayed for all industry segments (except Natural
Gas Distribution, which would be removed), all associated data
collection costs would be reintroduced beginning in 2034. Because of
the delay of reporting to subpart W until 2034, reporters may incur
capital costs in 2034 to re-establish data collection and reporting
systems. The impacts estimates here do not include estimates of this
potential capital cost because they rely on existing cost estimates and
estimates of potential startup costs are not available. For this
reason, cost savings in 2034 may be overestimated. The annual cost
savings and total net present value of cost savings for these
amendments are shown in Table 3 of this preamble, which fall between
$2.0 billion and $2.4 billion in cost reductions from the GHGRP. To
accurately reflect the present value of these savings, a 3 percent and
7 percent discount rate was applied over the 10-year analysis period.
Table 3--Total Discounted Cost Savings for the Proposed Rule, 2025-2034
[2024$/year]
----------------------------------------------------------------------------------------------------------------
Year Annual cost savings 3 Percent discount rate 7 Percent discount rate
----------------------------------------------------------------------------------------------------------------
2025................................. $302.7 million......... $293.9 million......... $282.9 million.
2026................................. $302.7 million......... $285.3 million......... $264.4 million.
2027................................. $302.7 million......... $277.0 million......... $247.1 million.
2028................................. $302.7 million......... $268.9 million......... $230.9 million.
2029................................. $302.7 million......... $261.1 million......... $215.8 million.
2030................................. $302.7 million......... $253.5 million......... $201.7 million.
2031................................. $302.7 million......... $246.1 million......... $188.5 million.
2032................................. $302.7 million......... $238.9 million......... $176.2 million.
2033................................. $302.7 million......... $232.0 million......... $164.6 million.
2034................................. $49.7 million.......... $37.0 million.......... $25.3 million.
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Total Present Value.............. ....................... $2.4 billion........... $2.0 billion.
----------------------------------------------------------------------------------------------------------------
Table 4 of this preamble summarizes impacts for this rule. Net
present value (NPV) and equivalent annualized value (EAV) are presented
using discount rates of 3 percent and 7 percent, and using 2024 labor
rates. EAV values over the analysis period of 2025 to 2034 are somewhat
lower than the annual impacts in 2025 to 2033 because in 2034 reporting
would resume under subpart W, excepting the Natural Gas Distribution
industry segment.
Table 4--Total Projected Cost Savings and Net Benefits for the Proposed Rule, 2025-2034
[Million 2024$/year]
----------------------------------------------------------------------------------------------------------------
3 Percent discount rate 7 Percent discount rate
----------------------------------------------------------------
PV EAV PV EAV
----------------------------------------------------------------------------------------------------------------
Total Cost Savings............................. $2,400 $281 $2,000 $284
Net Cost Savings............................... 2,400 281 2,000 284
----------------------------------------------------------------
Non-Monetized Impacts.......................... Indirect impacts on other Federal, state or local agencies,
Tribes, or non-governmental entities that rely on the GHGRP
data for non-CAA statutory reasons.
----------------------------------------------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is an economically significant regulatory action that
was submitted to the Office of Management and Budget (OMB) for review.
Any changes made in response to E.O. 12866 review have been documented
in the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2025-
0186). The EPA prepared an analysis of the potential cost savings
associated with this action. This analysis is described in section III
of this preamble.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is expected to be an Executive Order 14192 deregulatory
action. Details on the estimated cost
[[Page 44605]]
savings of this proposed rule can be found in the EPA's analysis of the
impacts on this proposed action (see section III of this preamble).
C. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. The information collection activities in this action
have been submitted for approval to OMB under the PRA. The ICR document
that the EPA prepared has been assigned EPA ICR number 7815.01 and OMB
control number 2060-NEW. You can find a copy of the ICR in the docket
for this rulemaking (Docket Id. No. EPA-HQ-OAR-2025-0186) and it is
briefly summarized here. The information collection requirements are
not enforceable until OMB approves them. Once finalized and approved,
this ICR will consolidate reporting requirements from EPA ICR number
2300.20 (OMB control number 2060-0629), ICR number 2773.02 (OMB control
number 2060-0748) and ICR number 2774.02 (OMB control number 2060-
0751), and thus those ICRs would be discontinued. The EPA is not
proposing to add any new reporting requirements to the GHGRP in this
action. Instead, the EPA is proposing to remove existing reporting
requirements, and so the Agency anticipates that this proposed action
would relieve information collection burden. As described further in
section III of this preamble, the EPA estimates cost savings from these
changes at $303 million per year. The total estimated burden and cost
for reporting and recordkeeping due to these amendments are presented
here.
Respondents/affected entities: Owners and operators of facilities
that must report their GHG emissions and other data to the EPA to
comply with 40 CFR part 98.
Respondent's obligation to respond: The result of these proposed
changes would be no obligation to respond with mandatory reporting
under the GHGRP ceasing following RY2024, except for most petroleum and
natural gas sources, that would not be required to report for reporting
years 2025 through 2033.
Estimated number of respondents: 0.
Frequency of response: The proposed reconsideration would remove
annual reporting requirements for the majority of GHGRP sectors and the
Natural Gas Distribution industry segment, and would suspend annual
reporting for the remaining petroleum and natural gas industry segments
from RY2025 to RY2034.
Total estimated burden: 0 hours per year, by the three years
covered by this information collection.
Total estimated costs: $0 per year.
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 revisions to the respondent
burden to the EPA using the docket identified at the beginning of this
rule (Docket Id. No. EPA-HQ-OAR-2025-0186). The EPA will respond to any
ICR-related comments in the final rule. You may also send your ICR-
related comments to OMB's Office of Information and Regulatory Affairs
using the interface at www.reginfo.gov/public/do/PRAMain. Find this
particular information collection by selecting ``Currently under
Review-- Open for Public Comments'' or by using the search function.
OMB must receive comments no later than October 16, 2025.
D. Regulatory Flexibility Act (RFA)
I certify that this proposed action would not have a significant
economic impact on a substantial number of small entities under the
RFA. In making this determination, the EPA concludes that the impact of
concern for this proposed rule is any significant adverse economic
impact on small entities and that the Agency is certifying that this
proposed rule would not have a significant economic impact on a
substantial number of small entities because the proposed relieves
regulatory burden on the small entities subject to the rule. There are
over 5,000 entities reporting across the sectors (including Natural Gas
Distribution under subpart W-Petroleum and Natural Gas Systems) where
the EPA is proposing to permanently remove requirements and
approximately 2,800 entities reporting under subpart W (excluding
Natural Gas Distribution) where the EPA is proposing to suspend
reporting until 2034, consistent with CAA section 136. The EPA
anticipates that some of these would be small entities. For example,
the EPA's analysis in past rules has found that small entities were
likely subject to the requirements of the GHGRP for sources such as
municipal solid waste landfills (subpart HH of Part 98) (78 FR 71904,
November 29, 2013) or general stationary fuel combustion (subpart C of
Part 98) (81 FR 89188, December 9, 2016). Removing requirements as
described in this proposal would relieve burden for all regulated
entities, including small entities. We have therefore concluded that
this action would relieve regulatory burden for all directly regulated
small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
state, local, or Tribal governments. Requirements for the private
sector do not exceed $100 million in any one year (adjusted annually
for inflation) or more (in 1995 dollars).
F. Executive Order 13132: Federalism
This proposed rule does not have federalism implications. It would
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.
The EPA believes, however, that this proposed rule may be of
significant interest to state governments. The EPA is aware that
approximately 20 states implement state-level greenhouse gas reporting
that, in some cases, incorporate 40 CFR part 98 by reference and/or
rely on data collected by and exported from EPA's electronic Greenhouse
Gas Reporting Tool (e-GGRT) or other GHGRP-related EPA electronic
resources. Significant alteration or removal of these resources may
impact the abilities of states to implement their respective clean air
programs and regulations. The EPA believes these impacts could be
mitigated through the adjustment and/or de-coupling of relevant state
regulations from the EPA's and/or the development of EPA-independent
state tools to address any state-specific greenhouse gas data
collection needs.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action has Tribal implications. However, it would neither
impose substantial direct compliance costs on federally recognized
Tribal governments, nor preempt Tribal law. In 2023, there were 144
facilities that reported to the GHGRP that were located on Tribal
lands. In addition, there are 9 facilities that reported under the
GHGRP where Tribal governments were listed as either the owner,
operator, or parent company for the facility. Consistent with the EPA
Policy on Consultation and Coordination with Indian Tribes, the EPA
will engage in
[[Page 44606]]
consultation with Tribal officials during the development of this
action.
H. 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. Therefore, this action is not
subject to Executive Order 13045. Since this action does not concern
human health, the EPA's Policy on Children's Health also does not
apply.
I. 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. As this action removes requirements from
regulated entities in the coming years, the EPA anticipates that the
proposed action would reduce the reporting burden on regulated
industrial facilities that contribute to the nation's energy supply,
distribution, or use.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
K. Determination Under CAA Section 307(d)
Pursuant to CAA section 307(d)(1)(V), the Administrator determines
that this action is subject to the provisions of CAA section 307(d).
Section 307(d)(1)(V) of the CAA provides that the provisions of CAA
section 307(d) apply to ``such other actions as the Administrator may
determine.''
List of Subjects
40 CFR Part 98
Environmental protection, Administrative practice and procedure,
Greenhouse gases, Reporting and recordkeeping requirements.
Lee Zeldin,
Administrator.
For the reasons set forth in the preamble, the Environmental
Protection Agency proposes to amend title 40, chapter I, of the Code of
Federal Regulations as follows:
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. Amend Sec. 98.1 by revising paragraphs (a) and (b) to read as
follows:
Sec. 98.1 Purpose and scope.
(a) This part establishes mandatory greenhouse gas (GHG) reporting
requirements for owners and operators of certain facilities that
directly emit GHGs.
(b) Owners and operators of facilities that are subject to this
part must follow the requirements of this subpart and all applicable
subparts of this part. If a conflict exists between a provision in
subpart A and any other applicable subpart, the requirements of the
applicable subpart shall take precedence.
* * * * *
0
3. Amend Sec. 98.2 by:
0
a. Revising paragraphs (a) introductory text and (a)(2).
0
b. Removing and reserving paragraphs (a)(1), (a)(3), (a)(4), (b)(2),
(b)(3), (d), (e), (f), and (g).
0
c. Revising paragraphs (h), (i) introductory text, (i)(3), (i)(5), and
(i)(6).
0
d. Removing and reserving paragraph (i)(4).
The revisions read as follows:
Sec. 98.2 Who must report?
(a) The GHG reporting requirements and related monitoring,
recordkeeping, and reporting requirements of this part apply to the
owners and operators of any facility that is located in the United
States or under or attached to the Outer Continental Shelf (as defined
in 43 U.S.C. 1331) and that meets the requirements of either paragraph
(a)(1), (a)(2), or (a)(3) of this section; that meets the requirements
of paragraph (a)(4) of this section:
(1) [Reserved]
(2) A facility that contains any source category that is listed in
table A-4 to this subpart and that emits 25,000 metric tons
CO2e or more per year in combined emissions from all
applicable source categories that are listed in table A-4 to this
subpart. For these facilities, the annual GHG report must cover all
applicable source categories listed in table A-4 to this subpart.
* * * * *
(h) An owner or operator of a facility that does not meet the
applicability requirements of paragraph (a) of this section is not
subject to this rule. Such owner or operator would become subject to
the rule and reporting requirements, if a facility exceeds the
applicability requirements of paragraph (a) of this section at a later
time pursuant to Sec. 98.3(b)(3). Thus, the owner or operator should
reevaluate the applicability to this part (including the revising of
any relevant emissions calculations or other calculations) whenever
there is any change that could cause a facility to meet the
applicability requirements of paragraph (a) of this section. Such
changes include but are not limited to process modifications, increases
in operating hours, increases in production, changes in fuel or raw
material use, addition of equipment, and facility expansion.
(i) Except as provided in this paragraph, once a facility is
subject to the requirements of this part, the owner or operator must
continue for each year thereafter to comply with all requirements of
this part, including the requirement to submit annual GHG reports, even
if the facility does not meet the applicability requirements in
paragraph (a) of this section in a future year.
* * * * *
(3) If the operations of a facility 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 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 following
the first reporting year in which the process or operation has ceased
for an entire reporting year. Cessation of operations in the context of
underground coal mines includes, but is not limited to, abandoning and
sealing
[[Page 44607]]
the facility. This paragraph (i)(3) does not apply to seasonal or other
temporary cessation of operations. This paragraph (i)(3) does not apply
when there is a change in the owner or operator for facilities in
industry segments with a unique definition of facility as defined in
Sec. 98.238 of the petroleum and natural gas systems source category
(subpart W of this part), unless the changes result in permanent
cessation of all applicable processes and operations. 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) [Reserved]
(5) If the operations of a facility 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 following the first reporting year in which such changes persist for
an entire reporting year. 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 is merged into another facility that is
already reporting GHG data under this part, then the owner or operator
may discontinue complying with this part for the facility, 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
4. Amend Sec. 98.3 by:
0
a. Revising the introductory text and paragraphs (b) introductory text,
(b)(2) and (b)(3).
0
b. Removing and reserving paragraph (b)(1).
0
c. Adding paragraph (b)(6).
0
d. Revising paragraph (c)(1) and revising and republishing paragraph
(c)(4).
0
e. Removing and reserving paragraph (c)(5).
0
f. Revising paragraphs (c)(10) and (c)(11).
0
g. Removing and reserving paragraphs (c)(12) and (d).
0
h. Revising paragraphs (h) introductory text, (i) introductory text,
and (i)(1)(ii).
0
i. Removing and reserving paragraph (j).
0
j. Revising and republishing paragraph (k).
0
k. Revising paragraph (l) introductory text.
The revisions and addition to read as follows:
Sec. 98.3 What are the general monitoring, reporting, recordkeeping
and verification requirements of this part?
The owner or operator of a facility that is subject to the
requirements of this part must submit GHG reports to the Administrator,
as specified in this section.
* * * * *
(b) Schedule. The annual GHG report for reporting year 2010 must be
submitted no later than September 30, 2011. The annual report for
reporting years 2011 and beyond must be submitted no later than March
31 of each calendar year for GHG emissions in the previous calendar
year, except as provided in paragraphs (b)(5) and (b)(6) of this
section.
(1) [Reserved]
(2) For a new facility that begins operation on or after January 1,
2010, and becomes subject to the rule in the year that it becomes
operational, report emissions starting the first operating month and
ending on December 31 of that year. Each subsequent annual report must
cover emissions for the calendar year, beginning on January 1 and
ending on December 31.
(3) For any facility that becomes subject to this rule because of a
physical or operational change that is made after January 1, 2010,
report emissions for the first calendar year in which the change
occurs, beginning with the first month of the change and ending on
December 31 of that year. For a facility that becomes subject to this
rule solely because of an increase in hours of operation or level of
production, the first month of the change is the month in which the
increased hours of operation or level of production, if maintained for
the remainder of the year, would cause the facility to exceed the
applicable threshold. Each subsequent annual report must cover
emissions for the calendar year, beginning on January 1 and ending on
December 31.
* * * * *
(6) The annual GHG report for reporting year 2025 must be submitted
no later than June 10, 2026.
(c) * * *
(1) Facility name, and physical street address of the facility,
including the city, State, and zip code. If the facility does not have
a physical street address, then the facility must provide the latitude
and longitude representing the geographic centroid or center point of
facility operations in decimal degree format. This must be provided in
a comma-delimited ``latitude, longitude'' coordinate pair reported in
decimal degrees to at least four digits to the right of the decimal
point.
* * * * *
(4) For facilities, except as otherwise provided in paragraph
(c)(12) of this section, report annual emissions of CO2,
CH4, N2O, each fluorinated GHG (as defined in
Sec. 98.6), and each fluorinated heat transfer fluid (as defined in
Sec. 98.98) as follows.
(i) Annual emissions (excluding biogenic CO2) aggregated
for all GHG from all applicable source categories, expressed in metric
tons of CO2e calculated using equation A-1 of this subpart.
For electronics manufacturing (as defined in Sec. 98.90), starting in
reporting year 2012 the CO2e calculation must include each
fluorinated heat transfer fluid (as defined in Sec. 98.98) whether or
not it is also a fluorinated GHG.
(ii) Annual emissions of biogenic CO2 aggregated for all
applicable source categories, expressed in metric tons.
(iii) Annual emissions from each applicable source category,
expressed in metric tons of each applicable GHG listed in paragraphs
(c)(4)(iii)(A) through (F) of this section.
(A) Biogenic CO2.
(B) CO2 (excluding biogenic CO2).
(C) CH4.
(D) N2O.
(E) [Reserved]
(F) [Reserved]
(G) [Reserved]
(iv) Except as provided in paragraph (c)(4)(vii) of this section,
emissions and other data for individual units, processes, activities,
and operations as specified in the ``Data reporting requirements''
section of each applicable subpart of this part.
(v) Indicate (yes or no) whether reported emissions include
emissions from a cogeneration unit located at the facility.
(vi) [Reserved]
(vii) [Reserved]
(viii) Applicable source categories means all of the source
categories listed in table A-4 to this subpart present at the facility.
* * * * *
(10) NAICS code(s) that apply to the facility.
[[Page 44608]]
(i) Primary NAICS code. Report the NAICS code that most accurately
describes the facility's primary product/activity/service. The primary
product/activity/service is the principal source of revenue for the
facility. A facility that has two distinct products/activities/services
providing comparable revenue may report a second primary NAICS code.
(ii) Additional NAICS code(s). Report all additional NAICS codes
that describe all product(s)/activity(s)/service(s) at the facility
that are not related to the principal source of revenue.
(11) Legal name(s) and physical address(es) of the highest-level
United States parent company(s) of the owners (or operators) of the
facility and the percentage of ownership interest for each listed
parent company as of December 31 of the year for which data are being
reported according to the following instructions:
(i) If the facility is entirely owned by a single United States
company that is not owned by another company, provide that company's
legal name and physical address as the United States parent company and
report 100 percent ownership.
(ii) If the facility is entirely owned by a single United States
company that is, itself, owned by another company (e.g., it is a
division or subsidiary of a higher-level company), provide the legal
name and physical address of the highest-level company in the ownership
hierarchy as the United States parent company and report 100 percent
ownership.
(iii) If the facility is owned by more than one United States
company (e.g., company A owns 40 percent, company B owns 35 percent,
and company C owns 25 percent), provide the legal names and physical
addresses of all the highest-level companies with an ownership interest
as the United States parent companies, and report the percent ownership
of each company.
(iv) If the facility is owned by a joint venture or a cooperative,
the joint venture or cooperative is its own United States parent
company. Provide the legal name and physical address of the joint
venture or cooperative as the United States parent company, and report
100 percent ownership by the joint venture or cooperative.
(v) If the facility is entirely owned by a foreign company, provide
the legal name and physical address of the foreign company's highest-
level company based in the United States as the United States parent
company, and report 100 percent ownership.
(vi) If the facility is partially owned by a foreign company and
partially owned by one or more U.S. companies, provide the legal name
and physical address of the foreign company's highest-level company
based in the United States, along with the legal names and physical
addresses of the other U.S. parent companies, and report the percent
ownership of each of these companies.
(vii) If the facility is a federally owned facility, report ``U.S.
Government'' and do not report physical address or percent ownership.
(viii) The facility must refer to the reporting instructions of the
electronic GHG reporting tool regarding standardized conventions for
the naming of a parent company.
* * * * *
(h) Annual GHG report revisions. This paragraph applies to the
reporting years for which the owner or operator is required to maintain
records for a facility according to the time periods specified in
paragraph (g) of this section.
* * * * *
(i) Calibration accuracy requirements. The owner or operator of a
facility that is subject to the requirements of this part must meet the
applicable flow meter calibration and accuracy requirements of this
paragraph (i). The accuracy specifications in this paragraph (i) do not
apply where either the use of company records (as defined in Sec.
98.6) or the use of ``best available information'' is specified in an
applicable subpart of this part to quantify fuel usage and/or other
parameters. Further, the provisions of this paragraph (i) do not apply
to stationary fuel combustion units that use the methodologies in part
75 of this chapter to calculate CO2 mass emissions.
(1) * * *
(ii) For facilities that become subject to this part after April 1,
2010, all flow meters and other measurement devices (if any) that are
required by the relevant subpart(s) of this part to provide data for
the GHG emissions calculations shall be installed no later than the
date on which data collection is required to begin using the
measurement device, and the initial calibration(s) required by this
paragraph (i) (if any) shall be performed no later than that date.
* * * * *
(k) Revised global warming potentials and special provisions for
reporting year 2013 and subsequent reporting years. This paragraph (k)
applies to owners or operators of facilities that first become subject
to any subpart of part 98 solely due to an amendment to table A-1 to
this subpart.
(1) A facility that first becomes subject to part 98 due to a
change in the GWP for one or more compounds in table A-1 to this
subpart, Global Warming Potentials, is not required to submit an annual
GHG report for the reporting year during which the change in GWPs is
published in the Federal Register as a final rulemaking.
(2) A facility that was already subject to one or more subparts of
part 98 but becomes subject to one or more additional subparts due to a
change in the GWP for one or more compounds in table A-1 to this
subpart, is not required to include those subparts to which the
facility is subject only due to the change in the GWP in the annual GHG
report submitted for the reporting year during which the change in GWPs
is published in the Federal Register as a final rulemaking.
(3) Starting on January 1 of the year after the year during which
the change in GWPs is published in the Federal Register as a final
rulemaking, facilities identified in paragraph (k)(1) or (2) of this
section must start monitoring and collecting GHG data in compliance
with the applicable subparts of part 98 to which the facility is
subject due to the change in the GWP for the annual greenhouse gas
report for that reporting year, which is due by March 31 of the
following calendar year.
(4) A change in the GWP for one or more compounds includes the
addition to table A-1 to this subpart of either a chemical-specific or
a default GWP that applies to a compound to which no chemical-specific
GWP in table A-1 to this subpart previously applied.
(l) Special provision for best available monitoring methods in 2014
and subsequent years. This paragraph (l) applies to owners or operators
of facilities that first become subject to any subpart of part 98 due
to an amendment to table A-1 to this subpart, Global Warming
Potentials.
* * * * *
0
5. Amend Sec. 98.4 by:
0
a. Revising and republishing paragraphs (a), (b), (c), (d), (e), (f),
(g), (h), and (i).
0
b. Revising paragraphs (k), (m)(2)(iv), (m)(2)(v)(A), (n) introductory
text, (n)(1), (n)(2), (n)(3)(i), and (n)(3)(ii).
The revisions read as follows:
Sec. 98.4 Authorization and responsibilities of the designated
representative.
(a) General. Except as provided under paragraph (f) of this
section, each facility that is subject to this part, shall have one and
only one designated representative, who shall be responsible for
certifying, signing, and submitting GHG emissions reports and any other
[[Page 44609]]
submissions for such facility respectively to the Administrator under
this part. If the facility is required under any other part of title 40
of the Code of Federal Regulations to submit to the Administrator any
other emission report that is subject to any requirement in 40 CFR part
75, the same individual shall be the designated representative
responsible for certifying, signing, and submitting the GHG emissions
reports and all such other emissions reports under this part.
(b) Authorization of a designated representative. The designated
representative of the facility shall be an individual selected by an
agreement binding on the owners and operators of such facility and
shall act in accordance with the certification statement in paragraph
(i)(4)(iv) of this section.
(c) Responsibility of the designated representative. Upon receipt
by the Administrator of a complete certificate of representation under
this section for a facility, the designated representative identified
in such certificate of representation shall represent and, by his or
her representations, actions, inactions, or submissions, legally bind
each owner and operator of such facility in all matters pertaining to
this part, notwithstanding any agreement between the designated
representative and such owners and operators. The owners and operators
shall be bound by any decision or order issued to the designated
representative by the Administrator or a court.
(d) Timing. No GHG emissions report or other submissions under this
part for a facility will be accepted until the Administrator has
received a complete certificate of representation under this section
for a designated representative of the facility. Such certificate of
representation shall be submitted at least 60 days before the deadline
for submission of the facility's initial emission report under this
part.
(e) Certification of the GHG emissions report. Each GHG emission
report and any other submission under this part for a facility shall be
certified, signed, and submitted by the designated representative or
any alternate designated representative of the facility in accordance
with this section and Sec. 3.10 of this chapter.
(1) Each such submission shall include the following certification
statement signed by the designated representative or any alternate
designated representative: ``I am authorized to make this submission on
behalf of the owners and operators of the facility, as applicable, for
which the submission is made. I certify under penalty of law that I
have personally examined, and am familiar with, the statements and
information submitted in this document and all its attachments. Based
on my inquiry of those individuals with primary responsibility for
obtaining the information, I certify that the statements and
information are to the best of my knowledge and belief true, accurate,
and complete. I am aware that there are significant penalties for
submitting false statements and information or omitting required
statements and information, including the possibility of fine or
imprisonment.''
(2) The Administrator will accept a GHG emission report or other
submission for a facility under this part only if the submission is
certified, signed, and submitted in accordance with this section.
(f) Alternate designated representative. A certificate of
representation under this section for a facility may designate one
alternate designated representative, who shall be an individual
selected by an agreement binding on the owners and operators, and may
act on behalf of the designated representative, of such facility. The
agreement by which the alternate designated representative is selected
shall include a procedure for authorizing the alternate designated
representative to act in lieu of the designated representative.
(1) Upon receipt by the Administrator of a complete certificate of
representation under this section for a facility identifying an
alternate designated representative.
(i) The alternate designated representative may act on behalf of
the designated representative for such facility.
(ii) Any representation, action, inaction, or submission by the
alternate designated representative shall be deemed to be a
representation, action, inaction, or submission by the designated
representative.
(2) Except in this section, whenever the term ``designated
representative'' is used in this part, the term shall be construed to
include the designated representative or any alternate designated
representative.
(g) Changing a designated representative or alternate designated
representative. The designated representative or alternate designated
representative identified in a complete certificate of representation
under this section for a facility received by the Administrator may be
changed at any time upon receipt by the Administrator of another later
signed, complete certificate of representation under this section for
the facility. Notwithstanding any such change, all representations,
actions, inactions, and submissions by the previous designated
representative or the previous alternate designated representative of
the facility before the time and date when the Administrator receives
such later signed certificate of representation shall be binding on the
new designated representative and the owners and operators of the
facility.
(h) Changes in owners and operators. Except as provided in
paragraph (n) of this section, in the event an owner or operator of the
facility is not included in the list of owners and operators in the
certificate of representation under this section for the facility, such
owner or operator shall be deemed to be subject to and bound by the
certificate of representation, the representations, actions, inactions,
and submissions of the designated representative and any alternate
designated representative of the facility, as if the owner or operator
were included in such list. Within 90 days after any change in the
owners and operators of the facility (including the addition of a new
owner or operator), the designated representative or any alternate
designated representative shall submit a certificate of representation
that is complete under this section except that such list shall be
amended to reflect the change. If the designated representative or
alternate designated representative determines at any time that an
owner or operator of the facility is not included in such list and such
exclusion is not the result of a change in the owners and operators,
the designated representative or any alternate designated
representative shall submit, within 90 days of making such
determination, a certificate of representation that is complete under
this section except that such list shall be amended to include such
owner or operator.
(i) Certificate of representation. A certificate of representation
shall be complete if it includes the following elements in a format
prescribed by the Administrator in accordance with this section:
(1) Identification of the facility for which the certificate of
representation is submitted.
(2) The name, organization name (company affiliation-employer),
address, email address (if any), telephone number, and facsimile
transmission number (if any) of the designated representative and any
alternate designated representative.
(3) A list of the owners and operators of the facility identified
in paragraph (i)(1) of this section, provided that, if the list
includes the operators of the facility and the owners with control of
the
[[Page 44610]]
facility, the failure to include any other owners shall not make the
certificate of representation incomplete.
(4) The following certification statements by the designated
representative and any alternate designated representative:
(i) ``I certify that I was selected as the designated
representative or alternate designated representative, as applicable,
by an agreement binding on the owners and operators of the facility, as
applicable.''
(ii) ``I certify that I have all the necessary authority to carry
out my duties and responsibilities under 40 CFR part 98 on behalf of
the owners and operators of the facility, as applicable, and that each
such owner and operator shall be fully bound by my representations,
actions, inactions, or submissions.''
(iii) ``I certify that the owners and operators of the facility, as
applicable, shall be bound by any order issued to me by the
Administrator or a court regarding the facility.''
(iv) ``If there are multiple owners and operators of the facility,
as applicable, I certify that I have given a written notice of my
selection as the `designated representative' or `alternate designated
representative', as applicable, and of the agreement by which I was
selected to each owner and operator of the facility.''
(5) The signature of the designated representative and any
alternate designated representative and the dates signed.
(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 January 1, 2018 (i.e., for a
facility that previously was not registered under this part). The list
of potentially applicable subparts does not need to be revised with
revisions to the COR or if the actual applicable subparts change.
* * * * *
(k) Binding nature of the certificate of representation. Once a
complete certificate of representation under this section for a
facility has been received, the Administrator will rely on the
certificate of representation unless and until a later signed, complete
certificate of representation under this section for the facility is
received by the Administrator.
* * * * *
(m) * * *
(2) * * *
(iv) For each type of electronic submission listed in accordance
with paragraph (m)(2)(iii) of this section, the facility for which the
electronic submission may be made.
(v) * * *
(A) ``I agree that any electronic submission to the Administrator
that is by an agent identified in this notice of delegation and of a
type listed, and for a facility designated, for such agent in this
notice of delegation and that is made when I am a designated
representative or alternate designated representative, as applicable,
and before this notice of delegation is superseded by another notice of
delegation under Sec. 98.4(m)(3) shall be deemed to be an electronic
submission certified, signed, and submitted by me.''
* * * * *
(n) Alternative provisions for changes in owners and operators for
industry segments with a unique definition of facility as defined in
Sec. 98.238. When there is a change to the owner or operator of a
facility required to report under the onshore petroleum and natural gas
production, onshore petroleum and natural gas gathering and boosting,
or onshore natural gas transmission pipeline industry segments of
subpart W of this part, or a change to the owner or operator for some
emission sources from the facility in one of these industry segments,
the provisions specified in paragraphs (n)(1) through (4) of this
section apply for the respective type of change in owner or operator.
(1) If the entire facility is acquired by an owner or operator that
does not already have a reporting facility in the same industry segment
and basin (for onshore petroleum and natural gas production or onshore
petroleum and natural gas gathering and boosting), then within 90 days
after the change in the owner or operator, the designated
representative or any alternate designated representative shall submit
a certificate of representation that is complete under this section. If
the new owner or operator already had emission sources specified in
Sec. 98.232(c), (j), or (m), as applicable, prior to the acquisition
in the same basin (for onshore petroleum and natural gas production or
onshore petroleum and natural gas gathering and boosting) as the
acquired facility but had not previously met the applicability
requirements in Sec. Sec. 98.2(a) and 98.231, then per the applicable
definition of facility in Sec. 98.238, the previously owned applicable
emission sources must be included in the acquired facility. The new
owner or operator and the new designated representative shall be
responsible for submitting the annual report for the facility for the
entire reporting year beginning with the reporting year in which the
acquisition occurred.
(2) If the entire facility is acquired by an owner or operator that
already has a reporting facility in the same industry segment and basin
(for onshore petroleum and natural gas production or onshore petroleum
and natural gas gathering and boosting), the new owner or operator
shall merge the acquired facility with their existing facility for
purposes of the annual GHG report. The owner or operator shall also
follow the provisions of Sec. 98.2(i)(6) to notify EPA that the
acquired facility will discontinue reporting and shall provide the e-
GGRT identification number of the merged, or reconstituted, facility.
The owner or operator of the merged facility shall be responsible for
submitting the annual report for the merged facility for the entire
reporting year beginning with the reporting year in which the
acquisition occurred.
(3) * * *
(i) If the purchasing owner or operator that acquires only some of
the emission sources from the existing facility does not already have a
reporting facility in the same industry segment and basin (for onshore
petroleum and natural gas production or onshore petroleum and natural
gas gathering and boosting), the purchasing owner or operator shall
begin reporting as a new facility. The new facility must include the
acquired emission sources specified in Sec. 98.232(c), (j), or (m), as
applicable, and any emission sources the purchasing owner or operator
already owned in the same industry segment and basin (for onshore
petroleum and natural gas production or onshore petroleum and natural
gas gathering and boosting). The designated representative for the new
facility must be selected by the purchasing owner or operator according
to the schedule and procedure specified in paragraphs (b) through (d)
of this section. The purchasing owner or operator shall be responsible
for submitting the annual report for the new facility for the entire
reporting year beginning with the reporting year in which the
acquisition occurred. The purchasing owner or operator shall continue
to report under subpart W of this part for the new facility unless and
until that facility meets one of the criteria in Sec. 98.2(i).
(ii) If the purchasing owner or operator that acquires only some of
the emission sources from the existing facility already has a reporting
facility in the same industry segment and basin (for onshore petroleum
and natural gas production or onshore petroleum and natural gas
gathering and boosting), then
[[Page 44611]]
per the applicable definition of facility in Sec. 98.238, the
purchasing owner or operator must add the acquired emission sources
specified in Sec. 98.232(c), (j), or (m), as applicable, to their
existing facility for purposes of reporting under subpart W. The
purchasing owner or operator shall be responsible for submitting the
annual report for the entire facility, including the acquired emission
sources, for the entire reporting year beginning with the reporting
year in which the acquisition occurred.
* * * * *
0
6. Amend Sec. 98.5 by revising paragraph (a).
Sec. 98.5 How is the report submitted?
(a) Each GHG report and certificate of representation for a
facility must be submitted electronically in accordance with the
requirements of Sec. 98.4 and in a format specified by the
Administrator.
* * * * *
0
7. Amend Sec. 98.6 by:
0
a. Removing the definitions for ``Acid Rain Program'', ``Agricultural
by-products'', ``Air-injected flare'', ``Alkali bypass'', ``Anaerobic
digester'', ``Anaerobic lagoon'', ``Anode effect'', ``Anode Effect
Minutes per Cell Day (24 Hours)'', ``Asphalt'', ``Aviation Gasoline'',
``B0'', ``Basic oxygen furnace'', ``Blast furnace'', ``Bulk'', ``By-
product coke oven battery'', ``Calcination'', ``Carbon dioxide
production well'', ``Carbon dioxide production well facility'',
``Carbon dioxide stream'', ``Carbon share'', ``Carbonate'',
``Carbonate-based mineral'', ``Carbonate-based mineral mass fraction'',
``Carbonate-based raw material'', ``Catalytic cracking unit'', ``CBOB
Summer (conventional blendstock for oxygenate blending)'', ``CBOB
Winter (conventional blendstock for oxygenate blending)'', ``Cement
kiln dust'', ``Chemical recovery combustion unit'', ``Chemical recovery
furnace'', ``Chloride process'', ``Coal'', ``COD'', ``Cogeneration
unit'', ``Coke burn-off'', ``Cokemaking'', ``Commercial applications'',
``Container glass'', ``Continuous glass melting furnace'',
``Conventional Summer'', ``Conventional Winter'', ``Cyclic'', ``Daily
spread'', ``Decarburization vessel'', ``Deep bedding systems'',
``Degasification system'', ``Degradable organic carbon (DOC)'',
``Delayed coking unit'', ``Destruction'', ``Destruction device'',
``DIPE (diisopropyl ether, (CH3)2CHOCH(CH3)2)'', ``Direct
liquefaction'', ``Direct reduction furnace'', ``Dry lot'', ``Electric
arc furnace (EAF)'', ``Electric arc furnace steelmaking'',
``Electrothermic furnace'', ``Experimental furnace'', ``Exporter'',
``Feed'', ``Flat glass'', ``Furnace slag'', ``Glass melting furnace'',
``Glass'', ``Kiln'', ``Landfill'', ``Landfill gas'', ``Liberated'',
``Lime'', ``Makeup chemicals'', ``Manure composting'', ``Methane
correction factor'', ``Midgrade gasoline'', ``Municipal solid waste
landfill or MSW landfill'', ``Municipal solid waste or MSW'',
``Municipal wastewater treatment plant'', ``Nitric acid production
line'', and ``Nitrogen excreted''.
0
b. Revising the definitions of ``North American Industry Classification
System (NAICS) code(s)'', ``Operator'', and ``Owner''.
0
c. Removing the definitions of ``Pasture/Range/Paddock'',
``Petrochemical'', ``Petrochemical feedstocks'', ``Petroleum coke'',
``Pit storage below animal confinement (deep pits)'', ``Poultry manure
with litter'', ``Poultry manure without litter'', ``Premium grade
gasoline'', ``Pushing'', ``Raw mill'', ``RBOB-Summer'', ``RBOB-
Winter'', ``Regular grade gasoline'', ``Rotary lime kiln'',
``SF6'', ``Silicon carbide'', ``Spent liquor solids'',
``Spent pulping liquor'', ``Sulfur recovery plant'', ``Supplier'',
``Taconite iron ore processing'', ``TAME'', ``Transform'',
``Transhipment'', and ``Trona''.
0
d. Revising the definition of ``United States parent company(s)''.
0
e. Removing the definitions of ``Ventilation hole'', ``Ventilation
system'', ``Volatile solids'', ``Wood residuals'', ``Wool fiberglass'',
``Working capacity'', and ``Zinc smelters''.
The revisions read as follows:
Sec. 98.6 Definitions.
* * * * *
North American Industry Classification System (NAICS) code(s) means
the six-digit code(s) that represents the product(s)/activity(s)/
service(s) at a facility as listed in the Federal Register and defined
in ``North American Industrial Classification System Manual 2007,''
available from the U.S. Department of Commerce, National Technical
Information Service, Alexandria, VA 22312, phone (703) 605-6000 or
(800) 553-6847. http://www.census.gov/eos/www/naics/.
* * * * *
Operator means any person who operates or supervises a facility.
* * * * *
Owner means any person who has legal or equitable title to, has a
leasehold interest in, or control of a facility, except a person whose
legal or equitable title to or leasehold interest in the facility
arises solely because the person is a limited partner in a partnership
that has legal or equitable title to, has a leasehold interest in, or
control of the facility shall not be considered an ``owner'' of the
facility.
* * * * *
United States parent company(s) means the highest-level United
States company(s) with an ownership interest in the facility as of
December 31 of the year for which data are being reported.
* * * * *
0
8. Remove and reserve table A-3 to Subpart A of Part 98.
0
9. Amend table A-4 to Subpart A of Part 98 to read as follows:
Table A-4 to Subpart A of Part 98--Source Category List \a\ for Sec.
98.2(a)(2)
------------------------------------------------------------------------
-------------------------------------------------------------------------
Source Categories \a\ Applicable in Reporting Year 2034 and Future
Years.
Petroleum and Natural Gas Systems (subpart W).
------------------------------------------------------------------------
\a\ Source categories are defined in each applicable subpart.
0
10. Remove and reserve table A-5 to Subpart A of Part 98.
Subpart C--[Removed and Reserved]
0
11. Remove and reserve subpart C, consisting of Sec. Sec. 98.30
through 98.38 and tables C-1 and C-2 to subpart C of Part 98.
Subpart D--[Removed and Reserved]
0
12. Remove and reserve subpart D, consisting of Sec. Sec. 98.40
through 98.48.
Subpart E--[Removed and Reserved]
0
13. Remove and reserve subpart E, consisting of Sec. Sec. 98.50
through 98.58.
Subpart F--[Removed and Reserved]
0
14. Remove and reserve subpart F, consisting of Sec. Sec. 98.60
through 98.68 and tables F-1 and F-2 to subpart F of Part 98.
Subpart G--[Removed and Reserved]
0
15. Remove and reserve subpart G, consisting of Sec. Sec. 98.70
through 98.78.
Subpart H--[Removed and Reserved]
0
16. Remove and reserve subpart H, consisting of Sec. Sec. 98.80
through 98.88.
Subpart I--[Removed and Reserved]
0
17. Remove and reserve subpart I, consisting of Sec. Sec. 98.90
through 98.98, tables I-1 through I-21 to Subpart I of Part 98, and
Appendix A to subpart I of Part 98.
[[Page 44612]]
Subpart K--[Removed and Reserved]
0
18. Remove and reserve subpart K, consisting of Sec. Sec. 98.110
through 98.118 and table K-1 to subpart K of Part 98.
Subpart L--[Removed and Reserved]
0
19. Remove and reserve subpart L, consisting of Sec. Sec. 98.120
through 98.128, table L-1 to Part 98, and Appendix A to subpart L of
Part 98.
Subpart N--[Removed and Reserved]
0
20. Remove and reserve subpart N, consisting of Sec. Sec. 98.140
through 98.148 and table N-1 to subpart N of Part 98.
Subpart O--[Removed and Reserved]
0
21. Remove and reserve subpart O, consisting of Sec. Sec. 98.150
through 98.158 and table O-1 to subpart O of Part 98.
Subpart P--[Removed and Reserved]
0
22. Remove and reserve subpart P, consisting of Sec. Sec. 98.160
through 98.168.
Subpart Q--[Removed and Reserved]
0
23. Remove and reserve subpart Q, consisting of Sec. Sec. 98.170
through 98.178.
Subpart R--[Removed and Reserved]
0
24. Remove and reserve subpart R, consisting of Sec. Sec. 98.180
through 98.188.
Subpart S--[Removed and Reserved]
0
25. Remove and reserve subpart S, consisting of Sec. Sec. 98.190
through 98.198 and table S-1 to subpart S of Part 98.
Subpart T--[Removed and Reserved]
0
26. Remove and reserve subpart T, consisting of Sec. Sec. 98.200
through 98.208.
Subpart U--[Removed and Reserved]
0
27. Remove and reserve subpart U, consisting of Sec. Sec. 98.210
through 98.218 and table U-1 to subpart U of Part 98.
Subpart V--[Removed and Reserved]
0
28. Remove and reserve subpart V, consisting of Sec. Sec. 98.220
through 98.228.
Subpart W--Petroleum and Natural Gas Systems
0
29. Amend Sec. 98.230 by removing and reserving paragraph (a)(8).
0
30. Amend Sec. 98.231 by removing and reserving paragraph (a)(2).
0
31. Amend Sec. 98.232 by removing and reserving paragraphs (i) and
(k).
0
32. Amend Sec. 98.233 by:
0
a. Revising paragraphs (a)(2)(ii) introductory text, (a)(2)(ix)
introductory text, (a)(4) introductory text, (i) introductory text,
(i)(1), (i)(2)(i), and (i)(2)(iv)(B);
0
b. Removing and reserving paragraphs (q)(1)(ii), (q)(1)(vii)(G), and
(q)(1)(viii);
0
c. Revising paragraph (q)(2);
0
d. Removing and reserving paragraphs (q)(2)(x) and (q)(2)(xi);
0
e. Removing paragraph (q)(3)(viii);
0
f. Revising paragraph (r);
0
g. Removing and reserving paragraph (r)(6);
0
h. Revising paragraph (u)(2) introductory text;
0
i. Removing paragraph (u)(2)(vii); and
0
j. Revising paragraph (z)(5).
0
The revisions and additions read as follows:
Sec. 98.233 Calculating GHG emissions.
(a) * * *
(2) * * *
(ii) For facilities in the onshore natural gas processing, onshore
natural gas transmission compression, or underground natural gas
storage industry segments electing to use this Calculation Method 2,
you must measure all natural gas pneumatic devices vented directly to
the atmosphere at your facility each year or, if your facility has 26
or more pneumatic devices, over multiple years, not to exceed the
number of years as specified in paragraphs (a)(2)(ii)(A) through (D) of
this section. If you elect to measure your pneumatic devices over
multiple years, you must measure approximately the same number of
devices each year. You must measure and calculate emissions for natural
gas pneumatic devices at your facility according to the provisions in
paragraphs (a)(2)(iii) through (ix), as applicable.
* * * * *
(ix) For facilities in the onshore natural gas processing, onshore
natural gas transmission compression, or underground natural gas
storage industry segments, if you chose to conduct natural gas
pneumatic device measurements over multiple years, ``n,'' according to
paragraph (a)(2)(ii) of this section, then you must calculate the
emissions from all pneumatic devices at your facility as specified in
paragraph (a)(2)(ix)(A) through (E) of this section.
* * * * *
(4) Calculation Method 4. For well-pads in the onshore petroleum
and natural gas production industry segment, gathering and boosting
sites in the onshore petroleum and natural gas gathering and boosting
industry segments, or for facilities in the onshore natural gas
processing, onshore natural gas transmission compression, or
underground natural gas storage industry segments, you may elect to
calculate CH4 and CO2 emissions from your natural
gas pneumatic devices that are vented directly to the atmosphere at
your site using the methods specified in paragraphs (a)(4)(i) and (ii)
of this section except those that are measured according to paragraphs
(a)(1) through (3) of this section. You must exclude the counts of
devices measured according to paragraph (a)(1) of this section from the
counts of devices to be monitored or for which emissions are calculated
according to the requirements in this paragraph (a)(4). You may not use
this Calculation Method 4 for those devices for which you elected to
measure emissions according to paragraph (a)(1), (2), or (3) of this
section.
* * * * *
(i) Blowdown vent stacks. Calculate CO2 and
CH4 blowdown vent stack emissions from the depressurization
of equipment to reduce system pressure for planned or emergency
shutdowns resulting from human intervention or to take equipment out of
service for maintenance as specified in either paragraph (i)(2) or (3)
of this section. You may use the method in paragraph (i)(2) of this
section for some blowdown vent stacks at your facility and the method
in paragraph (i)(3) of this section for other blowdown vent stacks at
your facility. Blowdowns of equipment with a unique physical volume of
less than 50 cubic feet as determined in paragraph (i)(1) of this
section are not subject to the requirements in paragraphs (i)(2)
through (4) of this section. The requirements in this paragraph (i) do
not apply to blowdown vent stack emissions from depressurizing to a
flare, over-pressure relief, operating pressure control venting,
blowdown of non-GHG gases, and desiccant dehydrator blowdown venting
before reloading. If emissions from blowdown vent stacks are routed to
a flare, you must calculate CH4, CO2, and
N2O annual emissions as specified in paragraph (n) of this
section and report emissions from the flare as specified in Sec.
98.236(n).
(1) Method for calculating unique physical volumes. You must
calculate each unique physical volume (including pipelines, compressor
case or cylinders, manifolds, suction bottles, discharge bottles, and
vessels) between isolation valves, in cubic feet, by using engineering
estimates based on best available data.
* * * * *
(2) * * *
(i) Calculate the total annual natural gas emissions from each
unique physical volume that is blown down
[[Page 44613]]
using either equation W-14A or W-14B to this section.
[GRAPHIC] [TIFF OMITTED] TP16SE25.005
Where:
Es,n = Annual natural gas emissions at standard
conditions from each unique physical volume that is blown down, in
cubic feet.
N = Number of occurrences of blowdowns for each unique physical
volume in the calendar year.
V = Unique physical volume, in cubic feet, as calculated in
paragraph (i)(1) of this section.
C = Purge factor is 1 if the unique physical volume is not purged,
or 0 if the unique physical volume is purged using non-GHG gases.
Ts = Temperature at standard conditions (60 [deg]F).
Ta = Temperature at actual conditions in the unique
physical volume ([deg]F). For emergency blowdowns at onshore
petroleum and natural gas production, onshore petroleum and natural
gas gathering and boosting facilities, and onshore natural gas
transmission pipeline facilities, engineering estimates based on
best available information may be used to determine the temperature.
Ps = Absolute pressure at standard conditions (14.7
psia).
Pa = Absolute pressure at actual conditions in the unique
physical volume (psia). For emergency blowdowns at onshore petroleum
and natural gas production, onshore petroleum and natural gas
gathering and boosting facilities, and onshore natural gas
transmission pipeline facilities, engineering estimates based on
best available information may be used to determine the pressure.
Za = Compressibility factor at actual conditions for
natural gas. You may use either a default compressibility factor of
1, or a site-specific compressibility factor based on actual
temperature and pressure conditions.
[GRAPHIC] [TIFF OMITTED] TP16SE25.006
Where:
Es,n = Annual natural gas emissions at standard
conditions from each unique physical volume that is blown down, in
cubic feet.
p = Individual occurrence of blowdown for the same unique physical
volume.
N = Number of occurrences of blowdowns for each unique physical
volume in the calendar year.
Vp = Unique physical volume, in cubic feet, for each
blowdown ``p.''
Ts = Temperature at standard conditions (60 [deg]F).
Ta,p = Temperature at actual conditions in the unique
physical volume ([deg]F) for each blowdown ``p''. For emergency
blowdowns at onshore petroleum and natural gas production, onshore
petroleum and natural gas gathering and boosting facilities, and
onshore natural gas transmission pipeline facilities, engineering
estimates based on best available information may be used to
determine the temperature.
Ps = Absolute pressure at standard conditions (14.7
psia).
Pa,b,p = Absolute pressure at actual conditions in the
unique physical volume (psia) at the beginning of the blowdown
``p''. For emergency blowdowns at onshore petroleum and natural gas
production, onshore petroleum and natural gas gathering and boosting
facilities, and onshore natural gas transmission pipeline
facilities, engineering estimates based on best available
information may be used to determine the pressure at the beginning
of the blowdown.
Pa,e,p = Absolute pressure at actual conditions in the
unique physical volume (psia) at the end of the blowdown ``p''; 0 if
blowdown volume is purged using non-GHG gases. For emergency
blowdowns at onshore petroleum and natural gas production, onshore
petroleum and natural gas gathering and boosting facilities, and
onshore natural gas transmission pipeline facilities, engineering
estimates based on best available information may be used to
determine the pressure at the end of the blowdown.
Za = Compressibility at actual conditions for natural
gas. You may use either a default compressibility factor of 1, or a
site-specific compressibility factor based on actual temperature and
pressure conditions.
* * * * *
(iv) * * *
(B) For the onshore natural gas transmission pipeline industry
segment, pipeline segments or event types must be grouped into the
following eight categories: Pipeline integrity work (e.g., the
preparation work of modifying facilities, ongoing assessments,
maintenance or mitigation), traditional operations or pipeline
maintenance, equipment replacement or repair (e.g., valves), pipe
abandonment, new construction or modification of pipelines including
commissioning and change of service, operational precaution during
activities (e.g. excavation near pipelines), emergency shutdowns
including pipeline incidents as defined in 49 CFR 191.3, and all other
pipeline segments with a physical volume greater than or equal to 50
cubic feet. If a blowdown event resulted in emissions from multiple
categories and the emissions cannot be apportioned to the different
categories, then categorize the blowdown event in the category that
represented the largest portion of the emissions for the blowdown
event.
* * * * *
(q) * * *
(2) Calculation Method 1: Leaker emission factor calculation
methodology. If you elect not to measure leaks according to Calculation
Method 2 as specified in paragraph (q)(3) of this section, you must use
this Calculation Method 1 for all components included in a complete
leak survey. For industry segments listed in Sec. 98.230(a)(2) through
(10), if equipment leaks are detected during surveys required or
elected for components listed in paragraphs (q)(1)(i) through (vi) of
this section, then you must calculate equipment leak emissions per
component type per reporting facility, well-pad site, or gathering and
boosting site, as applicable, using equation W-30 to this section and
the requirements specified in paragraphs (q)(2)(i) through (x) and
(xii) of this section.
[[Page 44614]]
[GRAPHIC] [TIFF OMITTED] TP16SE25.007
Where:
Es,p,i = Annual total volumetric emissions of GHGi from
specific component type ``p'' (in accordance with paragraphs
(q)(1)(i) through (vi) of this section) in standard (``s'') cubic
feet, as specified in paragraphs (q)(2)(ii) through (x) and (xii) of
this section.
xp = Total number of specific component type ``p''
detected as leaking in any leak survey during the year. A component
found leaking in two or more surveys during the year is counted as
one leaking component.
EFs,p = Leaker emission factor as specified in paragraphs
(q)(2)(iii) through (x) and (xii) of this section.
k = Factor to adjust for undetected leaks by respective leak
detection method, where k equals 1.25 for the methods in Sec.
98.234(a)(1), (3) and (5); k equals 1.55 for the method in Sec.
98.234(a)(2)(i); and k equals 1.27 for the method in Sec.
98.234(a)(2)(ii).
GHGi = For onshore petroleum and natural gas production
facilities and onshore petroleum and natural gas gathering and
boosting facilities, concentration of GHGi,
CH4 or CO2, in produced natural gas as defined
in paragraph (u)(2) of this section; for onshore natural gas
processing facilities, concentration of GHGi,
CH4 or CO2, in the total hydrocarbon of the
feed natural gas; for onshore natural gas transmission compression
and underground natural gas storage, GHGi equals 0.975
for CH4 and 1.1 x 10-2 for CO2 or
concentration of GHGi, CH4 or CO2,
in the total hydrocarbon of the feed natural gas; for LNG storage
and LNG import and export equipment, GHGi equals 1 for
CH4 and 0 for CO2; and for onshore natural gas
transmission pipeline, GHGi equals 1 for CH4
and 1.1 x 10-2 for CO2.
Tp,z = The total time the surveyed component ``z,''
component type ``p,'' was assumed to be leaking and operational, in
hours. If one leak detection survey is conducted in the calendar
year, assume the component was leaking for the entire calendar year.
If multiple leak detection surveys are conducted in the calendar
year, assume a component found leaking in the first survey was
leaking since the beginning of the year until the date of the
survey; assume a component found leaking in the last survey of the
year was leaking from the preceding survey through the end of the
year; assume a component found leaking in a survey between the first
and last surveys of the year was leaking since the preceding survey
until the date of the survey; and sum times for all leaking periods.
For each leaking component, account for time the component was not
operational (i.e., not operating under pressure) using an
engineering estimate based on best available data.
* * * * *
(r) Equipment leaks by population count. This paragraph (r) applies
to emissions sources listed in Sec. 98.232(c)(21)(ii), (f)(7), (g)(5),
(h)(6), (j)(10)(ii), (m)(3)(i), and (m)(4)(i) if you are not required
to comply with paragraph (q) of this section and if you do not elect to
comply with paragraph (q) of this section for these components in lieu
of this paragraph (r). This paragraph (r) also applies to emission
sources listed in Sec. 98.232(j)(11) and (m)(5). To be subject to the
requirements of this paragraph (r), the listed emissions sources also
must contact streams with gas content greater than 10 percent
CH4 plus CO2 by weight. Emissions sources that
contact streams with gas content less than or equal to 10 percent
CH4 plus CO2 by weight are exempt from the
requirements of this paragraph (r) and do not need to be reported.
Tubing systems equal to or less than one half inch diameter are exempt
from the requirements of this paragraph (r) and do not need to be
reported. Equipment leak components in vacuum service are exempt from
the survey and emission estimation requirements of this paragraph (r)
and only the count of these equipment must be reported. You must
calculate emissions from all emission sources listed in this paragraph
(r) using equation W-32A to this section.
[GRAPHIC] [TIFF OMITTED] TP16SE25.008
Where:
Es,e,i = Annual volumetric emissions of GHGi
from the emission source type in standard cubic feet. The emission
source type may be a major equipment (e.g., wellhead, separator),
component (e.g., connector, open-ended line), gathering pipeline,
transmission company interconnect metering-regulating station, farm
tap and/or direct sale metering-regulating station, or transmission
pipeline.
Counte = Total number of the emission source type at the
facility. Onshore petroleum and natural gas production facilities
and onshore petroleum and natural gas gathering and boosting
facilities must count each major equipment piece listed in table W-1
to this subpart. Onshore petroleum and natural gas gathering and
boosting facilities must also count the miles of gathering pipelines
by material type (protected steel, unprotected steel, plastic, or
cast iron). Underground natural gas storage facilities must count
each component listed in table W-3 to this subpart. LNG storage
facilities must count the number of vapor recovery compressors. LNG
import and export facilities must count the number of vapor recovery
compressors. Onshore natural gas transmission pipeline facilities
must count the following, as listed in table W-5 to this subpart:
(1) Miles of transmission pipelines by material type; (2) number of
transmission company interconnect metering-regulating stations; and
(3) number of farm tap and/or direct sale metering-regulating
stations.
EFs,e = Population emission factor for the specific
emission source type, as specified in paragraphs (r)(2) through (7)
of this section.
GHGi = For onshore petroleum and natural gas production
facilities and onshore petroleum and natural gas gathering and
boosting facilities, concentration of GHGi,
CH4 or CO2, in produced natural gas as defined
in paragraph (u)(2) of this section; for onshore natural gas
transmission compression and underground natural gas storage,
GHGi equals 0.975 for CH4 and 1.1 x
10-2 for CO2 or concentration of GHGi,
CH4 or CO2, in the total hydrocarbon of the
feed natural gas; for LNG storage and LNG import and export
equipment, GHGi equals 1 for CH4 and 0 for
CO2; and for onshore natural gas transmission pipeline,
GHGi equals 1 for CH4 and 1.1 x
10-2 CO2.
Te = Average estimated time that each emission source
type associated with the equipment leak emission was operational in
the calendar year, in hours, using engineering estimate based on
best available data.
* * * * *
(u) * * *
(2) For equation W-35 to this section, the mole fraction,
Mi, shall be the annual average mole fraction for each sub-
basin category or facility, as specified in paragraphs (u)(2)(i)
through (vi) of this section.
* * * * *
(z) * * *
[[Page 44615]]
(5) Emissions from fuel combusted in stationary or portable
equipment at onshore petroleum and natural gas production facilities
and at onshore petroleum and natural gas gathering and boosting
facilities that are calculated according to the procedures in either
paragraph (z)(1)(ii) or (z)(2)(ii) of this section must be reported
according to the requirements specified in Sec. 98.236(z) rather than
the reporting requirements specified in subpart C of this part.
* * * * *
0
33. Amend Sec. 98.236 by:
0
a. Removing and reserving paragraph (a)(8);
0
b. Revising paragraphs (b)(4)(ii) introductory text, (i)(1)
introductory text, (i)(1)(ii), and (q) introductory text;
0
c. Removing and reserving paragraph (q)(1)(iii);
0
d. Revising paragraph (q)(1)(iv) introductory text and the first
sentence of paragraph (q)(2) introductory text;
0
e. Removing paragraph (q)(3);
0
f. Removing and reserving paragraph (r)(2); and
0
g. Revising paragraph (z) introductory text.
The revisions and additions read as follows:
Sec. 98.236 Data reporting requirements.
* * * * *
(b) * * *
(4) * * *
(ii) For onshore natural gas processing facilities, onshore natural
gas transmission compression facilities, and underground natural gas
storage facilities:
* * * * *
(i) * * *
(1) Report by equipment or event type. If you calculated emissions
from blowdown vent stacks by the seven categories listed in Sec.
98.233(i)(2)(iv)(A) for onshore petroleum and natural gas production,
onshore natural gas processing, onshore natural gas transmission
compression, underground natural gas storage, LNG storage, LNG import
and export equipment, or onshore petroleum and natural gas gathering
and boosting industry segments, then you must report the information
specified in paragraphs (i)(1)(i) through (v) of this section, as
applicable. If a blowdown event resulted in emissions from multiple
equipment or event types, and the emissions cannot be apportioned to
the different equipment or event types, then you may report the
information in paragraphs (i)(1)(ii) through (v) of this section for
the equipment or event type that represented the largest portion of the
emissions for the blowdown event. For the onshore petroleum and natural
gas production and onshore petroleum and natural gas gathering and
boosting industry segments, if a blowdown event is not directly
associated with a specific well-pad site or gathering and boosting site
(e.g., a mid-field pipeline blowdown) or could be associated with
multiple well-pad or gathering and boosting sites, then you may report
the information in paragraphs (i)(1)(i) through (v) of this section for
either the nearest well-pad site or gathering and boosting site
upstream from the blowdown event or the well-pad site or gathering and
boosting site that represented the largest portion of the emissions for
the blowdown event, as appropriate. If you calculated emissions from
blowdown vent stacks by the eight categories listed in Sec.
98.233(i)(2)(iv)(B) for the onshore natural gas transmission pipeline
industry segment, then you must report the information specified in
paragraphs (i)(1)(ii) through (v) of this section, as applicable. If a
blowdown event resulted in emissions from multiple equipment or event
types, and the emissions cannot be apportioned to the different
equipment or event types, then you may report the information in
paragraphs (i)(1)(ii) through (v) of this section for the equipment or
event type that represented the largest portion of the emissions for
the blowdown event.
* * * * *
(ii) Equipment or event type. For the onshore petroleum and natural
gas production, onshore natural gas processing, onshore natural gas
transmission compression, underground natural gas storage, LNG storage,
LNG import and export equipment, or onshore petroleum and natural gas
gathering and boosting industry segments, use the seven categories
listed in Sec. 98.233(i)(2)(iv)(A). For the onshore natural gas
transmission pipeline industry segment, use the eight categories listed
in Sec. 98.233(i)(2)(iv)(B).
* * * * *
(q) Equipment leak surveys. For any components subject to or
complying with the requirements of Sec. 98.233(q), you must report the
information specified in paragraphs (q)(1) and (2) of this section. You
must report the information specified in paragraphs (q)(1) and (2) of
this section, as applicable, for each well-pad site (for onshore
production), gathering and boosting site (for onshore petroleum and
natural gas gathering and boosting), or facility (for all other
applicable industry segments).
* * * * *
(1) * * *
(iv) Except for onshore natural gas transmission pipeline
facilities, indicate whether any of the leak detection surveys used in
calculating emissions per Sec. 98.233(q)(2) were conducted for
compliance with any of the standards in paragraphs (q)(1)(iv)(A)
through (E) of this section. Report the indication per well-pad site,
gathering and boosting site, or facility, not per component type, as
applicable.
* * * * *
(2) You must indicate whether your facility contains any of the
component types subject to or complying with Sec. 98.233(q) that are
listed in Sec. 98.232(c)(21), (d)(7), (e)(7) or (8), (f)(5) through
(8), (g)(4), (g)(6) or (7), (h)(5), (h)(7) or (8), (j)(10), (m)(3)(ii)
or (m)(4)(ii) for your facility's industry segment.
* * * * *
(z) Combustion equipment. If your facility is required by Sec.
98.232(c)(22) or (j)(12) to report emissions from combustion equipment,
then you must indicate whether your facility has any combustion units
subject to reporting according to paragraph (a)(1)(xx) or (a)(9)(xiii)
of this section. If your facility contains any combustion units subject
to reporting according to paragraph (a)(1)(xx) or (a)(9)(xiii) of this
section, then you must report the information specified in paragraphs
(z)(1) and (2) of this section, as applicable. You must report the
information specified in paragraphs (z)(1) and (2) of this section, as
applicable, for each well-pad site (for onshore petroleum and natural
gas production) or gathering and boosting site (for onshore petroleum
and natural gas gathering and boosting).
0
34. Amend Sec. 98.238 by:
0
a. Removing the definitions ``Facility with respect to natural gas
distribution for purposes of reporting under this subpart and for the
corresponding subpart A requirements'' and ``Meter/regulator run'';
0
b. Revising the definition ``Routed to combustion''; and
0
c. Removing the definition ``Transmission distribution (T-D) transfer
station''.
The revisions read as follows:
Sec. 98.238 Definitions.
* * * * *
Routed to combustion means, for onshore petroleum and natural gas
production facilities and onshore petroleum and natural gas gathering
and boosting facilities, that emissions are routed to stationary or
portable fuel combustion equipment specified in Sec. 98.232(c)(22) or
(j)(12), as applicable.
* * * * *
[[Page 44616]]
0
35. Revising table W-1 to subpart W of Part 98 to read as follows:
Table W-1 to Subpart W of Part 98--Default Whole Gas Population Emission Factors
----------------------------------------------------------------------------------------------------------------
Emission factor (scf
Industry segment Source type/component whole gas/hour/unit)
----------------------------------------------------------------------------------------------------------------
Population Emission Factors--Pneumatic Device Vents and Pneumatic Pumps, Gas Service \1\
----------------------------------------------------------------------------------------------------------------
Onshore petroleum and natural gas production, Continuous Low Bleed Pneumatic Device 6.8
Onshore petroleum and natural gas gathering Vents \2\. 21
and boosting. Continuous High Bleed Pneumatic Device
Vents \2\.
Intermittent Bleed Pneumatic Device 8.8
Vents \2\.
Pneumatic Pumps \3\................... 13.3
Onshore natural gas processing, Onshore natural Continuous Low Bleed Pneumatic Device 6.8
gas transmission compression, Underground Vents \2\. 30
natural gas storage. Continuous High Bleed Pneumatic Device 2.3
Vents \2\.
Intermittent Bleed Pneumatic Device
Vents \2\.
----------------------------------------------------------------------------------------------------------------
Population Emission Factors--Major Equipment, Gas Service \1\
----------------------------------------------------------------------------------------------------------------
Onshore petroleum and natural gas production, Wellhead.............................. 8.87
Onshore petroleum and natural gas gathering Separator............................. 9.65
and boosting. Meters/Piping......................... 7.04
Compressor............................ 13.8
Dehydrator............................ 8.09
Heater................................ 5.22
Storage Vessel........................ 1.83
----------------------------------------------------------------------------------------------------------------
Population Emission Factors--Major Equipment, Crude Service
----------------------------------------------------------------------------------------------------------------
Onshore petroleum and natural gas production... Wellhead.............................. 4.13
Separator............................. 4.77
Meters/Piping......................... 12.4
Compressor............................ 13.8
Dehydrator............................ 8.09
Heater................................ 3.2
Storage Vessel........................ 1.91
----------------------------------------------------------------------------------------------------------------
Population Emission Factors--Gathering Pipelines, by Material Type \4\
----------------------------------------------------------------------------------------------------------------
Onshore petroleum and natural gas gathering and Protected Steel....................... 0.93
boosting. Unprotected Steel..................... 8.2
Plastic Composite..................... 0.28
Cast Iron............................. 8.4
----------------------------------------------------------------------------------------------------------------
\1\ For multi-phase flow that includes gas, use the gas service emission factors.
\2\ Emission factor is in units of ``scf whole gas/hour/device.''
\3\ Emission factor is in units of ``scf whole gas/hour/pump.''
\4\ Emission factors are in units of ``scf whole gas/hour/mile of pipeline.''
0
36. Revising table W-5 to subpart W of Part 98 to read as follows:
Table W-5 to Subpart W of Part 98--Default Methane Population Emission Factors
----------------------------------------------------------------------------------------------------------------
Emission factor (scf
Industry segment Source type/component methane/hour/
component)
----------------------------------------------------------------------------------------------------------------
Population Emission Factors--LNG Storage Compressor, Gas Service
----------------------------------------------------------------------------------------------------------------
LNG storage, LNG import and export equipment... Vapor Recovery Compressor \1\......... 4.17
----------------------------------------------------------------------------------------------------------------
Population Emission Factors--Interconnect, Direct Sale, or Farm Tap Stations \2\ \3\
----------------------------------------------------------------------------------------------------------------
Onshore natural gas transmission pipeline...... Transmission Company Interconnect M&R 166
Station.
Direct Sale or Farm Tap Station....... 1.3
----------------------------------------------------------------------------------------------------------------
Population Emission Factors--Transmission Pipelines, Gas Service \4\
----------------------------------------------------------------------------------------------------------------
Onshore natural gas transmission pipeline...... Unprotected Steel..................... 0.74
Protected Steel....................... 0.041
Plastic............................... 0.061
Cast Iron............................. 27
----------------------------------------------------------------------------------------------------------------
\1\ Emission Factor is in units of ``scf methane/hour/compressor.''
[[Page 44617]]
\2\ Excluding customer meters.
\3\ Emission Factor is in units of ``scf methane/hour/station.''
\4\ Emission Factor is in units of ``scf methane/hour/mile.''
0
37. Revising table W-6 to subpart W of Part 98 to read as follows:
Table W-6 to Subpart W of Part 98--Default Methane Leaker Emission Factors
----------------------------------------------------------------------------------------------------------------
Emission factor (scf methane/hour/component)
--------------------------------------------------------------------------
If you survey using If you survey using If you survey using any
Equipment components Method 21 as specified Method 21 as specified of the methods in Sec.
in Sec. in Sec. 98.234(a)(1), (3), or
98.234(a)(2)(i) 98.234(a)(2)(ii) (5)
----------------------------------------------------------------------------------------------------------------
Leaker Emission Factors--LNG Storage and LNG Import and Export Equipment--Storage Components and Terminals
Components, LNG Service
----------------------------------------------------------------------------------------------------------------
Valve................................ 1.19 0.23 1.94
Pump Seal............................ 4.00 0.73 6.54
Connector............................ 0.34 0.11 0.56
Other \1\............................ 1.77 0.99 2.9
----------------------------------------------------------------------------------------------------------------
Leaker Emission Factors--LNG Storage and LNG Import and Export Equipment--Storage Components and Terminals
Components, Gas Service
----------------------------------------------------------------------------------------------------------------
Valve \2\............................ 14.84 9.51 24.2
Connector............................ 5.59 3.58 9.13
Open-Ended Line...................... 17.27 11.07 28.2
Pressure Relief Valve................ 39.66 25.42 64.8
Meter and Instrument................. 19.33 12.39 31.6
Other \3\............................ 4.1 2.63 6.70
----------------------------------------------------------------------------------------------------------------
\1\ ``Other'' equipment type for components in LNG service should be applied for any equipment type other than
connectors, pumps, or valves.
\2\ Valves include control valves, block valves and regulator valves.
\3\ ``Other'' equipment type for components in gas service should be applied for any equipment type other than
valves, connectors, flanges, open-ended lines, pressure relief valves, and meters and instruments, as
specified in Sec. 98.232(g)(6) and (7) and Sec. 98.232(h)(7) and (8).
Subpart X--[Removed and Reserved]
0
38. Remove and reserve subpart X, consisting of Sec. Sec. 98.240
through 98.248.
Subpart Y--[Removed and Reserved]
0
39. Remove and reserve subpart Y, consisting of Sec. Sec. 98.250
through 98.258.
Subpart Z--[Removed and Reserved]
0
40. Remove and reserve subpart Z, consisting of Sec. Sec. 98.260
through 98.268 and table Z-1 to subpart Z of Part 98.
Subpart AA--[Removed and Reserved]
0
41. Remove and reserve subpart AA, consisting of Sec. Sec. 98.270
through 98.278 and tables AA-1 and AA-2 to subpart AA of Part 98.
Subpart BB--[Removed and Reserved]
0
42. Remove and reserve subpart BB, consisting of Sec. Sec. 98.280
through 98.288.
Subpart CC--[Removed and Reserved]
0
43. Remove and reserve subpart CC consisting of Sec. Sec. 98.290
through 98.298.
Subpart DD--[Removed and Reserved]
0
44. Remove and reserve subpart DD, consisting of Sec. Sec. 98.300
through 98.308.
Subpart EE--[Removed and Reserved]
0
45. Remove and reserve subpart EE, consisting of Sec. Sec. 98.310
through 98.318.
Subpart FF--[Removed and Reserved]
0
46. Remove and reserve subpart FF, consisting of Sec. Sec. 98.320
through 98.328.
Subpart GG--[Removed and Reserved]
0
47. Remove and reserve subpart GG, consisting of Sec. Sec. 98.330
through 98.338.
Subpart HH--[Removed and Reserved]
0
48. Remove and reserve subpart HH, consisting of Sec. Sec. 98.340
through 98.348 and tables HH-1 through HH-4 to subpart HH of Part 98.
Subpart II--[Removed and Reserved]
0
49. Remove and reserve subpart II, consisting of Sec. Sec. 98.350
through 98.358 and tables II-1 and II-2 to subpart II of Part 98.
Subpart JJ--[Removed and Reserved]
0
50. Remove and reserve subpart JJ, consisting of Sec. Sec. 98.360
through 98.368 and tables JJ-1 through JJ-7 to subpart JJ of Part 98.
Subpart LL--[Removed and Reserved]
0
51. Remove and reserve subpart LL, consisting of Sec. Sec. 98.380
through 98.388.
Subpart MM--[Removed and Reserved]
0
52. Remove and reserve subpart MM, consisting of Sec. Sec. 98.390
through 98.398 and tables MM-1 and MM-2 to subpart MM of Part 98.
Subpart NN--[Removed and Reserved]
0
53. Remove and reserve subpart NN, consisting of Sec. Sec. 98.400
through 98.408 and tables NN-1 and NN-2 to subpart NN of Part 98.
Subpart OO--[Removed and Reserved]
0
54. Remove and reserve subpart OO, consisting of Sec. Sec. 98.410
through 98.418.
Subpart PP--[Removed and Reserved]
0
55. Remove and reserve subpart PP, consisting of Sec. Sec. 98.420
through 98.428.
Subpart QQ--[Removed and Reserved]
0
56. Remove and reserve subpart QQ, consisting of Sec. Sec. 98.430
through 98.438.
[[Page 44618]]
Subpart RR--[Removed and Reserved]
0
57. Remove and reserve subpart RR, consisting of Sec. Sec. 98.440
through 98.449.
Subpart SS--[Removed and Reserved]
0
58. Remove and reserve subpart SS, consisting of Sec. Sec. 98.450
through 98.458.
Subpart TT--[Removed and Reserved]
0
59. Remove and reserve subpart TT, consisting of Sec. Sec. 98.460
through 98.468 and table TT-1 to subpart TT of Part 98.
Subpart UU--[Removed and Reserved]
0
60. Remove and reserve subpart UU, consisting of Sec. Sec. 98.470
through 98.478.
Subpart VV--[Removed and Reserved]
0
61. Remove and reserve subpart VV, consisting of Sec. Sec. 98.480
through 98.489.
Subpart WW--[Removed and Reserved]
0
62. Remove and reserve subpart WW, consisting of Sec. Sec. 98.490
through 98.498.
Subpart XX--[Removed and Reserved]
0
63. Remove and reserve subpart XX, consisting of Sec. Sec. 98.500
through 98.508.
Subpart YY--[Removed and Reserved]
0
64. Remove and reserve subpart YY, consisting of Sec. Sec. 98.510
through 98.518 and table YY-1 to subpart YY of Part 98.
Subpart ZZ--[Removed and Reserved]
0
65. Remove and reserve subpart ZZ, consisting of Sec. Sec. 98.520
through 98.528 and table ZZ-1 to subpart ZZ of Part 98.
[FR Doc. 2025-17923 Filed 9-15-25; 8:45 am]
BILLING CODE 6560-50-P