in response to comment, the EPA is providing an option for reporters to
delay reporting of six of these inputs to emission equations for two
reporting years for specific situations related to two types of
exploratory wells, delineation and wildcat wells (as defined in this
final rule in 40 CFR 98.238), starting with reporting year 2013.
2. Summary of Changes Since Proposal
    This section provides a brief summary of changes since proposal to
the proposed requirement to use IVT. The EPA's rationale for these
changes is provided in Section II.A.3 as part of the EPA's response to
the related comment(s).
    The changes to the list of data elements removed from reporting and
required to be entered into IVT are as follows:

     The proposed amendments, specifically at 40 CFR
98.5(b), required that the inputs to emission equations for the
calculation methods listed in the proposed Table A-8, ``Calculation
Methods For Which Inputs To the Calculation Methods Must be Entered
Into Verification Software Specified By the Administrator,'' be
entered into IVT. In the final rule, the EPA removed the proposed
Table A-8 of part 98, replacing it with a new ``verification
software records'' provision in the recordkeeping section of each
affected subpart, which lists for each subpart each equation input
that must be entered into IVT.
     The proposed amendments required that the data element
in 40 CFR 98.196(b)(8) be entered into IVT. After proposal, we
discovered that this data element is not an input to an emission
equation. Further, it is no longer needed for verification because
the proposed new data element (40 CFR 98.196(b)(18)), which is being
finalized in this action, will be sufficient for verification
purposes. Therefore, in the final rule, we are removing the
reporting requirement for this data element.
     The proposed amendments did not require that the input
to Equation F-4 be entered into IVT, because this input is not
required to be reported under Part 98. Based on a suggestion from a
commenter, in the final rule we are requiring that the input to
Equation F-4 be entered into IVT. Although part 98 does not require
reporting of this input, the commenter stated that this input should
be entered into IVT, and we agree that it is needed for calculating
and verifying emissions in subpart F.
     The EPA is replacing eight reporting elements, which
were incorrectly identified in the final deferral rulemaking (76 FR
53057, August 25, 2011) as inputs to Equations F-2 and F-3 and were,
therefore, incorrectly proposed (78 FR 55994, September 11, 2013) to
be entered into IVT (instead of the correct inputs to Equations F-2
and F-3). As a result of a comment received, the EPA discovered that
it had previously misidentified eight data elements as inputs to
Equations F-2 and F-3, mistakenly required and then deferred their
reporting under part 98, and recently mistakenly proposed their
entry into IVT. These misidentified data elements are annual values;
whereas the inputs to these two equations are monthly values, which
are not required to be reported under Part 98. In light of the
error, the EPA is requiring in this final rule that the correct
inputs (monthly values) for Equations F-2 and F-3 be entered into
IVT. Further, given that the EPA had previously incorrectly required
the reporting of these eight annual values as inputs to Equations F-
2 and F-3, and given that the actual inputs (i.e., the monthly
values) for Equations F-2 and F-3 will be entered into IVT, the EPA
does not need these eight annual values for verification. The EPA is
therefore finalizing the removal of reporting of these eight annual
values for Equations F-2 and F-3. Refer to the EPA's comment
response document in Docket ID No. EPA-HQ-OAR-2010-0929 for further
discussion of this comment supporting entry into IVT of monthly
input data for Equations F-2 through F-4 and the EPA's response.
     For a given sub-basin, in the following situations, the
EPA is providing the option to delay for two reporting years the
reporting of six data elements associated with delineation or
wildcat wells starting in reporting year 2013:

--For gas well completions or workovers with hydraulic fracturing,
where wildcat wells and/or delineation wells are the only wells in a
sub-basin that can be used for the measurement; and
--for onshore production storage tanks, where wildcat wells and/or
delineation wells are the only wells in a sub-basin.

    These six data elements are: (1) Measured flow rate of backflow
during well completion (40 CFR 98.236(c)(6)(i)(B)); (2) measured
flow rate of backflow during well workover (40 CFR 98.236
(c)(6)(i)(D)); (3) total number of days of backflow from all wells
during completions (40 CFR 98.236 (c)(6)(i)(E)); (4) total number of
days of backflow from all wells during workovers (40 CFR 98.236
(c)(6)(i)(F)); (5) total volume of oil from all wellhead separators
sent to tank(s) in barrels per year (40 CFR 98.236(c)(8)(i)(F)); and
(6) total volume of sales oil from all wells in barrels per year (40
CFR 98.236(c)(8)(ii)(A)). For reporting years 2011 and 2012, the two
year delay would still require reporting by March 31, 2015. As a
result, there is no need to delay reporting for these two reporting
years. Refer to Section II.B.3 of this preamble for the EPA's
rationale for this decision. If the 2-year delay in reporting is
used, the reporter must report the following information in the
current reporting year: indicate for each delayed reporting element
that one of the two situations listed above is true (e.g., for gas
well completions or workovers with hydraulic fracturing, wildcat
wells and/or delineation wells are the only wells in a sub-basin
that can be used for the measurement). In addition, when reporters
report the delayed inputs to emission equations after the 2 year
delay, they must also report the API well ID numbers for the
applicable wildcat and/or delineation wells in the sub-basin for
which the reporting element was delayed.
     For purposes of part 98, the EPA has added to 40 CFR
90.238 definitions of

``delineation well'' and ``wildcat well.'' ``Delineation well'' is
defined as a well drilled in order to determine the boundary of a
field or producing reservoir. ``Wildcat well'' is defined as a well
outside known fields or the first well drilled in an oil or gas
field where no other oil and gas production exists. These
definitions are consistent with the definitions of ``delineation
well'' and ``wildcat well'' in 40 CFR part 60, subpart OOOO. Refer
to Section II.B.2 of this preamble for the EPA's rationale for this
decision.
     The EPA has removed from reporting the inputs to
emission equations in 40 CFR 98.226(i), (j), (m)(4), (m)(5), and
(p). These data must be entered into IVT, except for 40 CFR
98.226(j). Refer to Section II.B.3 of this preamble for the EPA's
rationale for this decision.
3. Summary of Comments and Responses
    This section summarizes the significant comments and responses
related to the proposed amendments to remove reporting requirements and
require entry of data into IVT. The EPA's comment response document in
Docket ID No. EPA-HQ-OAR-2010-0929 provides a complete listing of all
comments related to this topic and the EPA's responses.
    Comment: One commenter asserted that all 9 inputs to emission
equations reported under 40 CFR 98.226(i), (j), (m)(4) and (5), and (p)
would reveal process design, process performance, and operational
efficiencies data regarding a nitric acid train. The commenter further
noted that the EPA indicated in section 2.2 of its memorandum,
``Evaluation of Competitive Harm from Disclosure of `Inputs to
Equations' Data Elements Deferred to March 31, 2015,'' August 2013
(refer to Docket ID No. EPA-HQ-OAR-2010-0929), that these types of data
could be used to determine facility operational conditions and would,
therefore, have disclosure concerns.
    Response: In the EPA's proposed harm analysis cited above in the
comment summary, the EPA stated that the 9 inputs to emission equations
reported under 40 CFR 98.226(i), (j), (m)(4) and (5), and (p) would not
reveal any proprietary information about cost to do business, raw
material usage, production, or facility or process performance, design,
and operation, as long as the emission factors required to be reported
in 40 CFR 98.226(m)(1) are not reported. As a result of this comment,
the EPA further investigated the operational conditions at current
nitric acid facilities, and considered the specific case when there are
nitric acid facilities that have non-operational nitric acid trains and
others that are in the process of installing or upgrading
NOX control devices, some of which can also serve as
N2O abatement (i.e., non-selective catalytic reduction). In
light of this, the data reported under 40 CFR 98.226(i), (j), (m)(4),
(m)(5), and (p), if reported over a multiple-year period where
facilities are making changes to the operational status of their trains
and/or abatement systems, could be used to determine train-specific
conditions at the facility, such as efficiency losses, equipment
degradation, changes in nitric acid demand, and/or the installation of
N2O abatement technology. As a result, the EPA agrees with
the commenter that the deferred inputs to emission equations reported
under 40 CFR 98.226(i), (j), (m)(4), (m)(5), and (p) (destruction
efficiency and fraction control factor of the abatement technology,
abatement utilization factor, and nitrous oxide (N2O)
concentration and volumetric flow rate per test run during performance
test of each train) would reveal information about process design,
process performance, and operational efficiencies of a nitric acid
train, regardless of whether the emission factors required to be
reported in 40 CFR 98.226(m)(1) are not reported. Therefore, the EPA
has concluded that these data have disclosure concerns, and the EPA is
removing these data from the reporting requirements in the final rule.
Reporters will be required to enter these data into IVT, except 40 CFR
98.226(j), which is not needed to be entered into IVT for verification
purposes because IVT generates this value using the inputs entered into
Equation V-2 and Equation V-2.
    Comment: One commenter expressed concern about reporting
information on exploratory wells in Subpart W, especially when the
wells are located in step-out areas where no prior reporting exists for
a given sub-basin (including vertical or horizontal wells). The
commenter explained that the problem occurs when an exploratory well is
the sole well in a sub-basin (including vertical or horizontal wells)
and is not reported in combination with other wells, thereby shielding
any individual well's contribution. The commenter noted that its
concerns are related to the timing of releasing the information to the
public, as the commenter stated that the information is most sensitive
if it is made available too early during the exploration or initial
development stages. The commenter stated that the success of a well in
exploratory areas could be inferred if detailed data are provided to
the public too soon during the exploration and assessment period. The
commenter provided an example of such an occurrence: An exploratory
well completed in December of the reporting year, data reported to the
EPA by end of March of the following year and then released by the EPA
to the public within a few months during the same year. The commenter
stated that early release of data regarding operating characteristics
of such wells, including postflowback flaring/venting volumes, could
cause competitive harm if made publicly available too early.
    The commenter noted that Federal law and State codes allow
companies to designate as confidential the data obtained from
exploratory wells, especially in new discovery areas or areas that are
being explored for development. The commenter further noted that the
original intent of State oil and gas commissions to allow withholding
of select drilling and production information from early release to the
public was to allow competitive exploration by searching for new
pockets of oil or gas and experimenting with new tools and techniques.
The commenter stated that releasing data on such wells through the
GHGRP--despite the fact that they are held confidential by other
regulatory bodies--could cause substantial competitive harm and lead to
a loss of investment value. The commenter explained that competitive
harm could occur if the public could obtain detailed high-resolution
operational information on a well-by-well basis and on a daily or
weekly basis.
    The commenter requested that the EPA categorically determine that
all information associated with exploratory wells, with the exception
of well ID and location, be classified as CBI for a period of at least
24 months from the start of exploration. The commenter recommended
either of two suggested approaches under the GHGRP: (1) Companies would
report all data to the EPA as mandated by subpart W, but the EPA would
hold the reported data as CBI and not include it in its public data
release for at least 24 months (this could be accomplished by a
flagging system (or a ``radio button'') in e-GGRT that could also allow
for a short informative text on why that particular well information is
to be maintained confidential); or (2) the EPA could set up a deferral
system where initial data on exploratory wells will be well ID and
location information and the remaining data would be backfilled by
companies after a period of 24 months. The commenter added that neither
option would require case-by-case review of companies' information, and
both are consistent with the approach taken by state oil and gas
commissions and are

protective of companies' commercial investment interests.
    Response: The EPA reviewed the types of data identified by the
commenter as having disclosure concerns for exploratory wells: ``data
regarding operating characteristics . . . including post-flowback
flaring/venting volumes.'' In our proposed memorandum ``Evaluation of
Competitive Harm from Disclosure of `Inputs to Equations' Data Elements
Deferred to March 31, 2015,'' August 2013 (refer to Docket ID No. EPA-
HQ-OAR-2010-0929), the EPA stated regarding exploratory wells, that
because onshore production data are reported under the GHGRP at a sub-
basin level, as defined by county boundaries, the data are aggregated
to a large enough scale that disclosure of the data collected under
subpart W would not reveal any proprietary information about the
facility or cost to do business. After further investigation in
response to the comment received, and review of the state laws
protecting these types of data, the EPA has determined that, in the
following situations which were not specifically considered in the
proposed rule, early public disclosure of certain deferred inputs to
emission equations associated with wildcat wells and/or delineation
wells could reveal the well productivity, thereby resulting in the loss
of investment value:

     For gas well completions or workovers with hydraulic
fracturing, where wildcat wells and/or delineation wells are the
only wells in a sub-basin that can be used for the measurement; and
     For onshore production storage tanks, where wildcat
wells and/or delineation wells are the only wells in a sub-basin.

    The inputs to emission equations (for which reporting was deferred
to 2015) that could reveal well productivity for wildcat and/or
delineation wells in the applicable situations listed above are as
follows:

     For gas well completions or workovers with hydraulic
fracturing, the measured flow rate of backflow during well
completion (40 CFR 98.236(c)(6)(i)(B));
     For gas well completions or workovers with hydraulic
fracturing, the measured flow rate of backflow during well workover
(40 CFR 98.236(c)(6)(i)(D));
     For gas well completions or workovers with hydraulic
fracturing, the total number of days of backflow from all wells
during completions (40 CFR 98.236(c)(6)(i)(E));
     For gas well completions or workovers with hydraulic
fracturing, the total number of days of backflow from all wells
during workovers (40 CFR 98.236(c)(6)(i)(F));
     For onshore production storage tanks, the total volume
of oil from all wellhead separators with wellhead gas-liquid
separator oil throughput greater than or equal to 10 barrels per day
sent to tank(s) in barrels per year (40 CFR 98.236(c)(8)(i)(F)); and
     For onshore production storage tanks, the total volume
of sales oil from all wells with oil production greater than or
equal to 10 barrels/day in barrels per year (40 CFR
98.236(c)(8)(ii)(A)).

    These six inputs to emission equations data elements are themselves
a small subset of the inputs to emission equations data elements (for
which reporting was deferred to 2015) collected in subpart W, as there
are 90 such inputs to emission equations in subpart W. Further, wildcat
and delineation wells represent a relatively small percentage of the
wells being reported under the GHGRP for these data elements. As such,
in the interim period before these data are reported to the EPA, the
EPA will be able to verify the majority of the emissions using the
inputs to equations that will be reported to the EPA. For the six
inputs to emission equations that may be delayed for 2 years, the EPA
will verify emissions using other data reported to the EPA, and will
conclude verification upon receipt of the data. The EPA agrees with the
commenter that a 2-year delay of reporting is sufficient to prevent
early public disclosure of these data and will provide sufficient time
for the reporter to thoroughly conduct an assessment of the well. Given
the results of this evaluation, the EPA determined that, for these six
inputs to emission equations, in those cases where a reporter has
wildcat wells or delineation wells in a sub-basin and these wells meet
one of the two situations described above, reporters should be provided
an option to delay reporting of the given input for two reporting years
starting in reporting year 2013. There is no early public disclosure
concern for these inputs for reporting years 2011 and 2012 because 2
years would already have passed before they are to be reported in March
31, 2015. As a result, there is no need to delay reporting for these
two reporting years. For reporting years 2013 and thereafter, this
delay will prevent early public disclosure of information regarding
well productivity. In such cases, if the 2-year delay in reporting is
used, the reporter must report the following information in the current
reporting year: indicate for each delayed reporting element that one of
the two situations listed above is true (e.g., for gas well completions
or workovers with hydraulic fracturing, wildcat wells and/or
delineation wells are the only wells in a sub-basin that can be used
for the measurement). In addition, when reporters report the delayed
inputs to emission equations after the 2 year delay, they must also
report the API well ID numbers for the applicable wildcat and/or
delineation wells in the sub-basin for which the reporting element was
delayed.
    The EPA also determined that additional definitions are necessary
in order to clarify and specify the types of exploratory wells
(delineation and wildcat wells) covered by the 2-year delay of
reporting option. The EPA is adopting the terms and definitions used to
describe delineation wells and wildcat wells in the new source
performance standards for the oil and gas sector under 40 CFR part 60,
subpart OOOO, as reporters under 40 CFR part 98, subpart W are also
complying with 40 CFR part 60, subpart OOOO requirements. To minimize
confusion for reporters and be consistent with 40 CFR part 60, subpart
OOOO, the final rule includes the terms and definitions of a
``delineation well'' and ``wildcat well,'' as used in 40 CFR part 60,
subpart OOOO. ``Delineation well'' is defined as a well drilled in
order to determine the boundary of a field or producing reservoir.
``Wildcat well'' is defined as a well outside known fields or the first
well drilled in an oil or gas field where no other oil and gas
production exists.

C. Revision of Recordkeeping Requirements for Facilities Required To
Use IVT

1. Summary of Final Amendments to Part 98
    The EPA is finalizing the proposed revisions to recordkeeping
requirements for facilities required to use IVT. For each facility
required to use IVT, the facility is required to retain all records
starting with records for reporting year 2010, including records for
subparts not subject to using IVT, for 5 years, rather than the 3-year
record retention period required for non-IVT users. In other words, if
any facility subject to using IVT is also subject to a subpart of Part
98 not listed in Table 2 of this preamble, the facility is required to
maintain the records required for those other subparts for 5 years.
Facilities subject to IVT are also required to maintain a record of all
inputs to emission equations entered into IVT, in the format provided
by IVT. At the time the reporter completes entry of data into IVT, the
facility is required to download from IVT a file that lists the entered
data and maintain a copy of the file as a record of the entered inputs.
As specified in 40 CFR 98.3(g), subpart A, this file may be maintained
in electronic or hard copy format. Refer to Sections II.C and III.B of
the proposal preamble (78 FR 55994, September 11, 2013) for further
discussion of these

amendments to the Part 98 recordkeeping requirements being finalized in
this action.
    The EPA has added a new ``verification software records'' provision
to the recordkeeping section of each subpart listed in Table 2 of this
preamble to list all inputs to emission equations required to be
entered into IVT. As mentioned above, a list of the entered inputs must
be downloaded from IVT and maintained as records.
    We are also revising an error in 40 CFR 98.3(g), as proposed. As
discussed in Section III.B of the proposal preamble (78 FR 55994,
September 11, 2013), in a previous action amending this paragraph (76
FR 73866, November 29, 2011), our intention was to amend the second
sentence of the paragraph regarding record retention duration; however,
the third sentence regarding record format was inadvertently amended.
As a result, as proposed, we are removing the second sentence of 40 CFR
98.3(g) and reinstating the previous third sentence of 40 CFR 98.3(g)
(regarding format of records). Refer to Section II.B of this preamble
for further discussion of this new provision.
2. Summary of Changes Since Proposal
    The EPA is making no changes to the proposed revisions to
recordkeeping requirements for IVT users. To clarify which data are
entered into IVT and must be kept as records (i.e., the data included
in the file generated by IVT to be maintained as a record), the EPA is
adding a ``verification software records'' provision to the
recordkeeping section of each subpart specified in Table 2 of this
preamble. Each ``verification software records'' provision lists the
inputs to equations required to be entered into IVT and required to be
maintained as a record.
3. Summary of Comments and Responses
    This section summarizes the significant comments and responses
related to the proposed amendments to the recordkeeping requirements
for IVT users. The EPA's comment response document in Docket ID No.
EPA-HQ-OAR-2010-0929 provides a complete listing of all comments and
responses related to this topic.
    Comment: Three commenters supported the EPA's extension of the
records retention period. Eight commenters opposed the EPA's proposal
to extend the record retention time from 3 to 5 years. Five of the
eight commenters indicated that this proposed requirement would add
significantly more burden to owners with multiple reporting facilities,
where some facilities would be subject to a 3-year record retention
schedule and some of which would be subject to a 5-year record
retention period. Three of these commenters presented this argument in
the context of landfills, where one owner would have multiple
landfills, and only certain of the landfills would be subject to using
IVT due to being subject to subpart C. One of the five commenters
explained that owners of multiple facilities in remote locations (e.g.,
offshore production platforms, compressor stations, fuel supply
terminals) rely on data centers and centralized archiving procedures to
maintain accurate records and back-up documentation for demonstrating
compliance for some records. The commenter provided one example of a
scenario where an owner of multiple facilities subject to subparts C,
W, and NN would be subject to use of IVT due to subpart C. The
commenter indicated that this requirement would create confusion by
requiring that data maintained in the central data centers be organized
according to two different record retention periods. Additionally, the
commenter asserted, for a given reporter (e.g., gas processing plant
subject to subparts C and W), some records are maintained on site and
other are maintained in a central data exchange. The commenter added
that the requirement to keep records according to two different
retention periods would substantially increase the volume of records
required. Another commenter also pointed out the increased confusion
associated with maintaining records for multiple record duration
periods.
    Two commenters contended that this revision conflicts with the
justification the EPA previously made for requiring 3 years in the 2009
promulgated GHGRP rule, citing that the EPA determined it was
sufficient time to audit and review, reduces recordkeeping burden, and
is consistent with recordkeeping requirements in other Federal
programs. Two of the commenters stated that the EPA did not provide
sufficient justification for extending the record retention time. Two
of the commenters disagreed with the EPA's rationale that the extra
time is needed for follow-up with reporters because IVT would generate
an immediate flag on a real-time basis of any input errors and follow-
up could be immediate. One of these commenters further disagreed with
the EPA's rationale that the extra time would allow the EPA inspectors
time for appropriate assessment of compliance, because the EPA could
accomplish this with timely inspections that do not need the extra
time.
    One commenter expressed concern that the proposed extra retention
time would be an unfair burden because it only applies to those sources
using IVT and not all sources. The commenter added that sources using
IVT would be unfairly subjected to potential additional fines and
penalties for noncompliance for an extra 2 years, while other sources
would not be subject to this noncompliance issue. The commenter
concluded that requiring the verification IVT users to retain
information longer would lead to unjustified prejudices against these
source categories.
    Six of the eight commenters that opposed the EPA's proposal to
extend the record retention time from 3 to 5 years also opposed the
EPA's proposal that this 5-year record retention requirement for IVT
users be extended to all subparts applicable to a reporter. The six
commenters opposed this additional requirement for the same reasons
they opposed the 5-year retention period.
    Response: The EPA is finalizing in this action this proposed
amendment to recordkeeping requirements for IVT users as part of the
alternative verification approach included in these amendments. As
previously stated in the proposal preamble (September 11, 2013, 78 FR
55994), the EPA considered whether the current record retention period
and record format requirements would be sufficient to allow the EPA to
perform data verification under this alternative verification approach.
We considered:

     The time we would need to follow up with reporters to
further verify reported GHG emissions.
     The desirability of retaining multiple years of data
records to allow for appropriate assessment of compliance and for
analyses of trends for policy analysis purposes.
     The format of records, and whether the current format
would be adequate for our verification process. For example, we
considered whether records of inputs to emission equations (for
which reporting was deferred to 2015) contained in multiple separate
documents (as currently allowed under Part 98) would allow an EPA
inspector to efficiently analyze the consistency of the data
elements and use the data elements to perform calculations to
confirm reported GHG emissions.

    This revision to the recordkeeping timeframe is part of the new
verification approach using IVT that is being finalized today. Given
the large number of reporters under the subparts identified in Table 2
of this preamble (over 2,000 facilities) and the likely increase in
follow-up activities under

the new approach, it is important that relevant records are available
to the EPA for follow-up activities with facilities, including on-site
audits if necessary, regarding potential errors, discrepancies, or
questions. When an EPA employee visits a facility, it is important that
the employee be able to examine not only the current year's records but
those from previous years as well, because previous years' data will
provide year-to-year comparisons, which are useful for verifying the
current year's data. A 5-year record retention period ensures the
availability of relevant records for the follow-up activities described
above.
    Regarding the general comment that this proposed 5-year record
retention requirement would add significantly more burden to owners
with multiple reporting facilities, the EPA disagrees with this
assertion. Given that reporters are already required to maintain
records for 3 years, the reporter is not required to do anything more
than keep the records for an additional 2 years. Only one commenter
provided a description of the additional burden for these types of
owners. The commenter referred to a scenario where one parent company
has multiple facilities subject to different combinations of subparts
NN, C, and W (where some facilities are in remote locations, such as
offshore production platforms, compressor stations, and fuel supply
terminals). As such, the parent company is subject to both a 3-year
record duration for some facilities and a 5-year record duration for
other facilities. The commenter described the burden as being
associated with the need for their records that are maintained in their
central data centers to be organized according to two different record
retention periods. However, the commenter did not provide any
additional information or data to support their claim that the
increased burden associated with this scenario would be significant,
and the EPA does not understand how saving data electronically for an
additional 2 years would require significant additional burden. The EPA
received no comments on its proposed impacts analysis, which concluded
that there is no additional burden imposed on keeping records for 2
additional years (refer to Section V of the proposal preamble,
September 11, 2013, 78 FR 55994). Lastly, if a parent company does not
want to maintain some facilities' records for 3 years and others for 5
years, there is nothing in this rulemaking that prevents owners from
maintaining all records for a period of 5 years.
    Regarding the comment that this 5-year record duration requirement
conflicts with the EPA's justification in the 2009 promulgated GHGRP
rule that the 3-year duration is adequate, the EPA's rationales for
extending the recordkeeping period under the new verification approach
using IVT do not conflict with the previous justification for the 3-
year recordkeeping requirement in the 2009 rulemaking because the 2009
GHGRP rule (74 FR 56260) did not include the alternative verification
approach being finalized today. Since the IVT approach was not part of
the 2009 rulemaking, the previous consideration did not take into
account this new approach that is being finalized today. Further, at
the time the previous justification was made, not only was there no IVT
approach, the inputs to equations, which were necessary for verifying
emissions under the 2009 rule, were required to be reported timely with
the annual reports. In light of the subsequent changes to the
verification approach and input reporting, it is unreasonable to
suggest that the previous justification for a 3-year recordkeeping
period still applies. The commenter did not identify or explain any
deficiency in the EPA's rationales for extending the record keeping
period to accommodate the IVT approach.
    Regarding the comment that this 5-year record duration requirement
is inconsistent with recordkeeping requirements in other Federal
programs, the other Federal programs referred to by the commenter
(i.e., Department of Energy (DOE) and Acid Rain Program (ARP)) are not
using the alternative verification approach associated with this
action. As such, comparison to DOE or ARP reporting programs is not
appropriate. The EPA also notes that the EPA's National Emission
Standards for Hazardous Air Pollutants require 5-year record retention
(see 40 CFR 63.10(b)).
    Regarding the comment that the EPA does not need extra time to
allow for follow-up with reporters because IVT would generate an
immediate flag on a real-time basis of any input errors and follow-up
could be immediate, based on its experience with data verification for
reporting years 2010 through 2012, the EPA anticipates situations where
the verification summary will indicate discrepancies between reported
GHG emissions and the GHG emission equation results calculated by IVT
as well as other verification results that will require further
attention. In certain situations, the EPA will need additional time to
follow up with these reporters to resolve discrepancies, as further
described above.
    Regarding the comment that the EPA does not need extra time because
the EPA could accomplish this alternative verification approach with
``timely inspections,'' as further described above, the EPA anticipates
more direct follow-up activities under the alternative verification
approach associated with this action. Given the large number of sources
reporting to the GHGRP and limited resources, any direct follow-up with
facilities would be more effective with the ability to access 5 years
of data.
    In response to the comment that the proposed extra retention time
would be an unfair burden because certain sources would be unfairly
subjected to potential additional fines and penalties for noncompliance
for an extra 2 years, it is important to note that different facilities
within the Greenhouse Gas Reporting Program are subject to different
verifications approaches (reporting inputs to emissions equations
versus using IVT). Different verification approaches necessitate
different reporting and record keeping requirements to ensure the
success of the individual verification approach. Further, we do not
believe that the 5-year record retention period is complex or otherwise
difficult or burdensome to implement; if a facility uses IVT, it must
keep all of its record for 5 years. Given that a reporter is already
required to maintain records for 3 years, this 5-year recordkeeping
requirement does not require any action beyond keeping these records
for an additional 2 years. In any event, the commenters did not provide
any information to support the claim that 2 additional years of record
maintenance would somehow trigger additional fines and penalties.
Further, the commenter provided no comment on the EPA's proposed
impacts analysis, which concluded that there is no additional burden
imposed on keeping records for 2 additional years (refer to Section V
of the proposal preamble, September 11, 2013, 78 FR 55994).
    Regarding the comments opposing extending the 5-year record
retention requirement to all subparts for IVT users, the EPA proposed
this provision because during a site visit, if questions arise
regarding the accuracy of equation inputs entered into IVT, it may be
necessary to examine other recordkeeping information not entered into
IVT, such as a monitoring plan or recordkeeping information in a
different subpart, in order to fully investigate the accuracy of the
data at issue. For example, a lime production facility with natural
gas-fired kilns may report combustion emissions under subpart C,
CO2 process emissions from lime kilns

under subpart S, and CO2 supply under subpart PP. As part of
the site visit, the EPA may check for inconsistencies in the quantities
of CO2 collected and transferred off site (reported under
subpart PP) compared with the CO2 process emissions reported
under subpart S. Specifically, if a facility reported collecting 32,000
metric tons under subpart PP but reported generating only 30,000 metric
tons of CO2 in their lime kilns, then the EPA may need to
check the records and review the monitoring plan for both subpart S and
PP to determine why this inconsistency occurred. If this facility also
elected to report the natural gas combusted (i.e., the facility elects
not to use IVT for subpart C), then the EPA would also use the fuel
quantity data to check for unexpected inconsistencies in the subpart S
data using parameters such as the ratio of CO2 emissions to
fuel consumption and looking for significant changes in such parameters
when compared to data from previous years. As part of this process, the
EPA may examine the monitoring plan associated with all of the subparts
reported by this facility to ensure that the correct monitoring was
conducted by the facility. In this example, if facilities were allowed
to retain records for only 3 years for subparts for which IVT was not
used, the EPA's verification and compliance activities would be
impacted by incomplete records for subparts C and PP when compared with
subpart S. As the above example illustrates, records necessary to
verify data submitted by a facility using IVT may include that
facility's data from subparts not subject to IVT. It is therefore
necessary to ensure that all data necessary for verification are
available, and this 5-year record retention period requirement will
provide assurance of on-site data availability. The EPA received no
additional rationale opposing this provision beyond the rationales
presented against the 5-year record duration requirement. The EPA
received no details to contradict the EPA's proposed impacts analysis,
which concluded that this proposed requirement would impose no
additional burden (refer to Section V of the proposal preamble,
September 11, 2013, 78 FR 55994). As such, the EPA is finalizing the
proposed requirement for IVT users to maintain records for all subparts
for a period of 5 years.
    Comment: One commenter suggested that the recordkeeping section of
each subpart be modified to clearly specify which records related to
IVT must be maintained. The commenter argued that e-GGRT is a reporting
tool, but not a regulation, such that it would not be appropriate for
IVT to dictate which records must be maintained.
    Response: The EPA had requested comment on whether additional
specificity within the recordkeeping requirements of each subpart would
improve the clarity of the specific records that are required to be
retained. After considering the commenter's request, the EPA agrees
with the recommendation to specify each record that reporters must
maintain. In the final rule, each subpart listed in Table 2 of this
preamble includes, in the recordkeeping section, a new ``verification
software records'' provision that specifies each data element in that
subpart that must be entered into IVT and maintained as a record.

D. Addition of Reporting Requirements for Certain Facilities Required
To Use IVT

1. Summary of Final Amendments to Part 98
    The EPA is finalizing the proposed addition of new reporting
requirements for facilities required to use IVT for subparts E, G, H,
P, Q, S, V, X, and AA of part 98, with changes to the proposed
amendments for subparts E, V, Y, and AA, as discussed in Section II.D.2
of this preamble. The final list of new data elements being added in
this action is in Table 4 of this preamble.

Table 4--New Data Elements Being Finalized in Today's Action for Subparts E, G, H, P, Q, S, V, X, and AA of Part
                                                       98
----------------------------------------------------------------------------------------------------------------
                Subpart                          Subpart name                 New data element description
----------------------------------------------------------------------------------------------------------------
E.....................................  Adipic Acid Production........  If only cyclohexane is oxidized to
                                                                         produce adipic acid: the annual
                                                                         quantity of cyclohexane (tons) used to
                                                                         produce adipic acid. If materials other
                                                                         than cyclohexane are oxidized to
                                                                         produce adipic acid: the annual
                                                                         quantity of cyclohexanone and
                                                                         cyclohexanol mixture (metric tons) used
                                                                         to produce adipic acid.
                                                                        Annual percent nitrous oxide (N2O)
                                                                         emission reduction for all production
                                                                         units combined.
G.....................................  Ammonia Production............  Annual ammonia production (metric tons,
                                                                         sum of all process units reported
                                                                         within subpart G).
                                                                        Annual methanol production (metric tons)
                                                                         for each process unit.
H.....................................  Cement Production.............  Annual clinker production (metric tons).
                                                                        Annual average clinker carbon dioxide
                                                                         (CO2) emission factor for the facility,
                                                                         averaged across all kilns (metric tons
                                                                         CO2/metric ton clinker produced).
                                                                        Annual average cement kiln dust (CKD)
                                                                         CO2 emission factor for the facility,
                                                                         averaged across all kilns (metric tons
                                                                         CO2/metric ton CKD produced).
P.....................................  Hydrogen Production...........  Name and annual quantity (metric tons)
                                                                         of each carbon-containing fuel and
                                                                         feedstock.
                                                                        Annual methanol production (metric tons)
                                                                         for each process unit.

Q.....................................  Iron and Steel Production.....  If you use the carbon mass balance
                                                                         method in 40 CFR 98.173(b)(1) to
                                                                         determine CO2 emissions: The annual
                                                                         mass (metric tons) of all gaseous,
                                                                         liquid, and solid fuels (combined) used
                                                                         in process units specified in Equations
                                                                         Q-1 through Q-7 of subpart Q,
                                                                         calculated as specified in Equation Q-9
                                                                         of subpart Q being finalized in this
                                                                         action. Do not include fuel used in a
                                                                         stationary combustion unit where
                                                                         emissions are reported under subpart C.
                                                                        If you use the carbon mass balance
                                                                         method in 40 CFR 98.173(b)(1) to
                                                                         determine CO2 emissions: The annual
                                                                         mass (metric tons) of all non-fuel
                                                                         material inputs (combined) specified in
                                                                         Equations Q-1 through Q-7 of subpart Q,
                                                                         calculated as specified in Equation Q-
                                                                         10 of subpart Q being finalized in this
                                                                         action.
                                                                        If you use the carbon mass balance
                                                                         method in 40 CFR 98.173(b)(1) to
                                                                         determine CO2 emissions: The annual
                                                                         mass (metric tons) of all solid and
                                                                         liquid products and byproducts
                                                                         (combined) specified in Equations Q-1
                                                                         through Q-7 of subpart Q, calculated as
                                                                         specified in Equation Q-11 of subpart Q
                                                                         being finalized in this action.
                                                                        If you use the carbon mass balance
                                                                         method in 40 CFR 98.173(b)(1) to
                                                                         determine CO2 emissions: The weighted
                                                                         average carbon content of all gaseous,
                                                                         liquid, and solid fuels (combined)
                                                                         included in Equation Q-9 of subpart Q
                                                                         being finalized in this action,
                                                                         calculated as specified in Equation Q-
                                                                         12 of subpart Q being finalized in this
                                                                         action.
                                                                        If you use the carbon mass balance
                                                                         method in 40 CFR 98.173(b)(1) to
                                                                         determine CO2 emissions: The weighted
                                                                         average carbon content of all non-fuel
                                                                         inputs to all furnaces (combined)
                                                                         included in Equation Q-10 of subpart Q
                                                                         being finalized in this action,
                                                                         calculated as specified in Equation Q-
                                                                         13 of subpart Q being finalized in this
                                                                         action.
                                                                        If you use the carbon mass balance
                                                                         method in 40 CFR 98.173(b)(1) to
                                                                         determine CO2 emissions: The weighted
                                                                         average carbon content of all solid and
                                                                         liquid products and byproducts from all
                                                                         furnaces (combined) included in
                                                                         Equation Q-11 of subpart Q being
                                                                         finalized in this action, calculated as
                                                                         specified in Equation Q-14 of subpart Q
                                                                         being finalized in this action.
S.....................................  Lime Manufacturing............  Annual quantity (tons) of lime product
                                                                         sold, by type.
V.....................................  Nitric Acid Production........  Annual percent N2O emission reduction
                                                                         for all nitric acid trains combined.
X.....................................  Petrochemical Production......  If using the CEMS method to calculate
                                                                         GHG emissions: Name and annual quantity
                                                                         (in metric tons) of each product. If
                                                                         using the mass balance method to
                                                                         calculate GHG emissions: Name and
                                                                         annual quantity (in metric tons) of
                                                                         each product used in Equations X-1, X-
                                                                         2, and X-3 of subpart X.
                                                                        If using the CEMS method to calculate
                                                                         GHG emissions: Name and annual quantity
                                                                         (in metric tons) of each carbon-
                                                                         containing feedstock. If using the mass
                                                                         balance method to calculate GHG
                                                                         emissions: Name and annual quantity (in
                                                                         metric tons) of each carbon-containing
                                                                         feedstock used in Equations X-1, X-2,
                                                                         and X-3 of subpart X.
AA....................................  Pulp and Paper Manufacturing..  For each pulp mill lime kiln: Quantity
                                                                         of calcium oxide (CaO) produced (metric
                                                                         tons).
                                                                        For each pulp mill lime kiln: Percentage
                                                                         of annual heat input, individually for
                                                                         each fossil fuel type.
----------------------------------------------------------------------------------------------------------------

    The EPA is also adding six new equations (Equations Q-9 through Q-
14 of part 98) to subpart Q, as proposed, to specify how to calculate
and report each of the six new data elements added to subpart Q in this
action. Final confidentiality determinations for the data elements
specified in Table 4 are presented in Section III of this preamble.
2. Summary of Changes Since Proposal
    This section provides a brief summary of changes since proposal.
The EPA's rationale for these changes is provided in Section II.D.3 of
this preamble as part of the EPA's response to the related comment(s).
In cases where the EPA is making a change that was not related to a
public comment, a summary of the rationale is included in this section.
    The changes to the proposed addition of new reporting requirements
for facilities required to use IVT are as follows:

     In the final rule, the new data element for subpart E,
40 CFR 98.56(m), specifies that if only cyclohexane is oxidized to
produce adipic acid, the reporter must report the annual quantity of
cyclohexane used to produce adipic acid; otherwise, if materials
other than cyclohexane are oxidized to produce adipic acid, the
reporter must report the annual quantity of cyclohexanone and
cyclohexanol mixture used to produce adipic acid. Refer to Section
II.D.3 of this preamble for the rationale for this revision.

     The EPA is not finalizing the proposed addition of two
new data elements to subpart AA: The annual mass of steam generated
(proposed as 40 CFR 98.276(m)(1)) and the ratio of the unit's
maximum rated heat input capacity to its design rated steam output
capacity (proposed as 40 CFR 98.276(m)(2)). Refer to Section II.D.3
of this preamble for the rationale for this revision.
     The EPA is revising the new data element added to
subpart V (40 CFR 98.226(q)) to read ``annual percent N2O
emission reduction for all nitric acid trains combined.'' The text
``nitric acid trains'' replaces proposed text ``production units''
to be consistent with the terminology used elsewhere in subpart V.
This rationale is documented in ``Summary and Explanation of Minor
Changes Since the Proposed Rule'' (Docket ID No. EPA-HQ-OAR-2010-
0929).
     The EPA is not finalizing the proposed addition of the
following three new data elements to subpart Y, which were proposed
to be required to be reported when Equation Y-3 is used to calculate
flare CO2 emissions: Annual quantity of flare gas
combusted, annual average molecular weight of flare gas combusted,
and annual average carbon content of flare gas combusted, all for
normal operations and startup, shutdown, and malfunction (SSM)
events combined. The EPA included these new elements in the proposal
to supplement the IVT verification approach by minimizing the need
for potential follow-up activities (e.g., phone calls, emails, site
visits, etc.) to verify reported GHG emissions from flares using
Equation Y-3 to calculate emissions. Specifically, such information
would allow the EPA to verify and reconcile potential differences
between reported emissions and emissions equation results calculated
by IVT, and therefore minimize the need for follow-up via phone,
email or site visits. At the time of proposal, the EPA did not
consider the proposed new reporting elements in conjunction with the
monitoring requirements associated with Equation Y-1a and Y-1b. In
the process of finalizing this rulemaking, the EPA realized that,
under the current rule, if the flare gas composition (which
determines molecular weight and carbon content) is measured weekly
or more frequently, reporters are required to use either Equation Y-
1a or Y-1b to calculate flare CO2 emissions. Reporters
that either do not measure the composition of flare gas or conduct
such measurements but less frequently than weekly may use Equation
Y-3, which does not require such values to calculate routine flare
gas emissions. As a result, requiring reporters to report annual
averages of molecular weight and carbon content when using Equation
Y-3 would undermine the purpose of Equation Y-3 by requiring
facilities that do not currently measure these values to now have to
determine and report these values. These facilities would now have
to conduct such measurements or provide the values through other
means. In the case where reporters do not measure these values, they
would likely report the values determined for the subset of flare
emissions related to SSM events, which would not be representative
of the annual average, and therefore would not be useful for
verification. As a result, the EPA is not finalizing the proposed
reporting of the annual average molecular weight of flare gas
combusted and annual average carbon content of flare gas combusted,
both for normal operations and SSM events combined. Further, given
that the three proposed data elements were to be used together to
provide an alternative method of estimating emissions, requiring
reporting of the annual quantity of flare gas combusted would not be
useful in the absence of the other two data elements. The EPA is
therefore not requiring the reporting of these three data elements
in the final rule and will continue to rely on the general IVT
verification approach for verifying flare CO2 emissions
using Equation Y-3.
3. Summary of Comments and Responses
    This section summarizes the significant comments and responses
related to the proposed addition of new reporting requirements for
facilities required to use IVT. See the EPA's comment response document
in Docket ID No. EPA-HQ-OAR-2010-0929 for a complete listing of all
comments and responses related to this topic.
    Comment: One commenter suggested that the amount of cyclohexanone
and cyclohexanol combined (also called ketone-alcohol oil or (KA) used
to manufacture adipic acid should be substituted for cyclohexane for
the verification of N2O emissions from adipic acid
manufacturing. The commenter indicated that they use an EPA-approved
alternate method, as allowed under 40 CFR 98.53(a)(2) to report
N2O emissions, and the proposed new data element would not
fairly represent emissions from their manufacturing facility. The
commenter explained that the EPA is assuming that adipic acid is
manufactured wholly via the oxidation of cyclohexane to KA, which is
then further oxidized with nitric acid to adipic acid. The commenter
stated that this assumes that all the KA used in the nitric acid
oxidation comes from cyclohexane oxidation and all the KA produced is
used to produce adipic acid. However, the commenter stated that, in
reality, KA can be purchased or sold commercially as well as produced
using materials other than cyclohexane. The commenter noted that they
operate an alternate process to produce KA in addition to the
cyclohexane-based KA production.
    Response: The EPA agrees with the commenter that the proposed new
data element for subpart E (i.e., 40 CFR 98.56(m), the annual quantity
of cyclohexane fed to all production lines, combined) will be useful to
the EPA for verification purposes for only those reporters that are
producing all adipic acid from cyclohexane. At proposal, the EPA had
assumed that all KA used to produce adipic acid was produced by the
reporting facility using cyclohexane. Based on this commenter input and
further consideration, the EPA has determined that there are cases
where either the KA used by the reporting facility to create adipic
acid is purchased from another KA producer or the reporting facility
uses materials other than cyclohexane to produce KA (such as the
facility represented by the commenter). In a case where the KA used by
the reporting facility to create adipic acid is purchased from another
KA producer, the reporting facility may not know whether and how much
cyclohexane was used to produce the KA. Likewise, in cases where the
reporting facility uses materials other than cyclohexane to produce KA
(which may then be used to produce adipic acid), the reported annual
quantity of cyclohexane used to produce adipic acid would not be
applicable and, therefore, not useful to EPA for verification of
reported GHG emissions (representing all adipic acid produced) because
this quantity of cyclohexane would represent only part (or none, if no
cyclohexane is used) of the KA used to produce adipic acid. In cases
where a reporter is producing KA using materials other than
cyclohexane, or where a reporter is purchasing KA, the EPA has changed
the new data element to be the quantity of KA fed to adipic acid
production lines. In the final rule, the EPA has revised the new data
element to specify that if only cyclohexane is oxidized to produce
adipic acid, the reporter must report the annual quantity of
cyclohexane used to produce adipic acid; otherwise, the reporter must
report the annual quantity of KA used to produce adipic acid. Regarding
the comment that some adipic acid producers are selling some of the KA
produced, these adipic acid producers will be required to report a
corrected quantity of cyclohexane or KA, as applicable, used to produce
adipic acid to account for any KA sold. Regarding the comment that some
adipic acid producers purchase KA to produce adipic acid, these
reporters will be required to report the annual quantity of KA used to
produce adipic acid under 40 CFR 98.56(m)(2).
    Comment: One commenter supported the reporting for two new data
elements proposed to be reported for subpart AA: (1) Quantity of
calcium oxide (CaO) produced (metric tons), and (2) percent of annual
heat input, individually for each fossil fuel type. The commenter
opposed the reporting of two other data

elements proposed to be reported for subpart AA for each chemical
recovery furnace and chemical recovery combustion unit for which
Equation C-2c of subpart C is not used to calculate CO2
emissions: (1) Annual mass of steam generated (pound (lb) steam),
individually for each fossil fuel type and for spent liquor solids, and
(2) Ratio of the unit's maximum rated heat input capacity to its design
rated steam output capacity (MMBtu/lb steam), individually for each
fossil fuel type and for spent liquor solids. The commenter contended
that these requirements are unclear and unnecessary and should be
removed from the final rule. The commenter asserted that these proposed
reporting requirements for pulp mills directly contradict the
requirement in 40 CFR 98.36(e)(2)(ii)(D) that requires stationary fuel
combustion units to report the steam and heat/steam ratio only if
Equation C-2c is used. Regarding recovery units not using Equation C-
2c, the commenter indicated that determining these two data elements
would be overly burdensome because determining steam generation by fuel
type would be very difficult. The commenter explained that most
recovery furnaces only use spent pulping liquor as their fuel and some
may use other fuels for either start-up or for flame stabilization,
but, generally, the fuels are liquid; and, other than using a percent
of fuel to estimate the amount of steam generation per fuel type, the
commenter did not know of any other method to determine the amount of
steam generation per fuel type. As such, the commenter requested that
these two proposed new data elements (annual mass of steam generated
and ratio of the unit's maximum rated heat input capacity to its design
rated steam output capacity) be eliminated in the final rule.
    Response: The EPA thanks the commenter for their support for
reporting the quantity of CaO produced, and percent of annual heat
input, individually for each fossil fuel type. These two data elements
are added as proposed. Regarding the other two data elements (annual
mass of steam generated (lb steam), individually for each fossil fuel
type and for spent liquor solids, and ratio of the unit's maximum rated
heat input capacity to its design rated steam output capacity (MMBtu/lb
steam), individually for each fossil fuel type and for spent liquor
solids), the EPA included these new elements in the proposal to
supplement the IVT verification approach because having such
information would allow the EPA to verify and reconcile potential
differences between reported emissions and emissions equation results
calculated by IVT and therefore minimize the need for follow-up via
phone, email or on-site visit. However, as the EPA stated in the
proposal preamble (September 11, 2013), the proposal to collect these
two data elements was also based in part on the EPA's incorrect
assumption that the proposed new reporting elements would be readily
available for affected facilities, or easily calculated using data
already required to be collected. In light of the comment, and after
further investigation of the method available to reporters to calculate
steam generated by fuel type, the EPA has learned that generating these
two new data reporting elements would require a significant investment
in time. Upon further consideration, the EPA concludes that any
potential time saved from the reduced follow-up activities due to
collection of these two data elements is outweighed by the significant
resources and time required for the facilities to generate these data.
The EPA is therefore not requiring the reporting of these two data
elements in the final rule and will continue to rely on the general IVT
verification approach for verifying chemical recovery furnace and
chemical recovery combustion unit emissions. For the reasons stated
above, the EPA is not finalizing these two new data elements in this
final action.

III. Summary of Final Confidentiality Determinations for New Data
Elements

A. Summary of Final CBI Determinations

    The EPA is finalizing the proposed data category assignment and
confidentiality determination for each new data element added in this
final rule \18\ except 40 CFR 98.226(q). For 40 CFR 98.226(q), the EPA
is finalizing the proposed data category assignment, but is not making
any final confidentiality determination. The EPA's rationale for this
change is provided in Section III.B of this preamble.
---------------------------------------------------------------------------

    \18\ EPA is not finalizing the addition of all the data elements
proposed to be added to the rule. Five data elements are not being
added to the rule. The EPA's rationale for this change is provided
in Section III.B of this preamble.
---------------------------------------------------------------------------

    For the 16 new data elements listed in Table 5 of this preamble,
the EPA has determined that they are entitled to confidential
treatment, as proposed. Specifically, the EPA is finalizing the
proposed category assignments of these data elements to the
``Production/Throughput Data that are Not Inputs to Emission
Equations'' and ``Raw Materials Consumed that are Not Inputs to
Emission Equations'' data categories and the application of the
categorical confidentiality determinations made for these categories in
the 2011 final CBI rule (76 FR 30782, May 26, 2011) to these data
elements.

 Table 5--Data Elements Assigned to the ``Production/Throughput Data That Are Not Inputs to Emission Equations''
            and ``Raw Materials Consumed That Are Not Inputs to Emission Equations'' Data Categories
----------------------------------------------------------------------------------------------------------------
                 Subpart                         Final citation                       Data element
----------------------------------------------------------------------------------------------------------------
             ``Production/Throughput Data That Are Not Inputs to Emission Equations'' Data Category
----------------------------------------------------------------------------------------------------------------
G--Ammonia Production...................  40 CFR 98.76(b)(14)........  Annual ammonia production (metric tons,
                                                                        sum of all process lines reported within
                                                                        subpart G).
                                          40 CFR 98.76(b)(15)........  Annual methanol production (metric tons)
                                                                        for each process unit.
H--Cement Kilns.........................  40 CFR 98.86(b)(16)........  Annual clinker production (metric tons).
P--Hydrogen Production..................  40 CFR 98.166(e)...........  Annual methanol production (metric tons)
                                                                        for each process unit.
S--Lime Manufacturing...................  40 CFR 98.196(b)(18).......  Annual quantity (tons) of lime product
                                                                        sold, by type.
X--Petrochemical........................  40 CFR 98.246(a)(13) and     If using the CEMS method to calculate GHG
                                           (b)(10).                     emissions: Name and annual quantity (in
                                                                        metric tons) of each product. If using
                                                                        the mass balance method to calculate GHG
                                                                        emissions: Name and annual quantity (in
                                                                        metric tons) of each product used in
                                                                        Equations X-1, X-2, and X-3 of subpart
                                                                        X.

AA--Pulp and Paper......................  40 CFR 98.276(l)(1)........  For each pulp mill lime kiln: Quantity of
                                                                        calcium oxide (CaO) produced (metric
                                                                        tons).
----------------------------------------------------------------------------------------------------------------
               ``Raw Materials Consumed That Are Not Inputs to Emission Equations'' Data Category
----------------------------------------------------------------------------------------------------------------
E--Adipic Acid Production...............  40 CFR 98.56(m)............  If only cyclohexane is oxidized to
                                                                        produce adipic acid, report the annual
                                                                        quantity of cyclohexane (tons) used to
                                                                        produce adipic acid. If materials other
                                                                        than cyclohexane are oxidized to produce
                                                                        adipic acid, report the annual quantity
                                                                        of cyclohexanone and cyclohexanol
                                                                        mixture (tons) used to produce adipic
                                                                        acid.
P--Hydrogen Production..................  40 CFR 98.166(b)(7)........  Name and annual quantity (metric tons) of
                                                                        each carbon-containing fuel and
                                                                        feedstock.
Q--Iron and Steel.......................  40 CFR 98.176(e)(6)(i).....  If you use the carbon mass balance method
                                                                        in 40 CFR 98.173(b)(1) to determine CO2
                                                                        emissions: The annual mass (metric tons)
                                                                        of all gaseous, liquid, and solid fuels
                                                                        (combined) used in process units
                                                                        specified in Equations Q-1 through Q-7,
                                                                        calculated as specified in a new
                                                                        Equation Q-9 of subpart Q in the final
                                                                        rule amendments. Does not include fuel
                                                                        used in a stationary combustion unit
                                                                        where emissions are reported under
                                                                        subpart C.
                                          40 CFR 98.176(e)(6)(ii)....  If you use the carbon mass balance method
                                                                        in 40 CFR 98.173(b)(1) to determine CO2
                                                                        emissions: The annual mass (metric tons)
                                                                        of all non-fuel material inputs
                                                                        (combined) specified in Equations Q-1
                                                                        through Q-7 of subpart Q, calculated as
                                                                        specified in a new Equation Q-10 of
                                                                        subpart Q in the final rule amendments.
                                          40 CFR 98.176(e)(6)(iii)...  If you use the carbon mass balance method
                                                                        in 40 CFR 98.173(b)(1) to determine CO2
                                                                        emissions: The annual mass (metric tons)
                                                                        of all solid and liquid products and
                                                                        byproducts (combined) specified in
                                                                        Equations Q-1 through Q-7, calculated as
                                                                        specified in a new Equation Q-11 of
                                                                        subpart Q in the final rule amendments.
                                          40 CFR 98.176(e)(6)(iv)....  If you use the carbon mass balance method
                                                                        in 40 CFR 98.173(b)(1) to determine CO2
                                                                        emissions: The weighted average carbon
                                                                        content of all gaseous, liquid, and
                                                                        solid fuels (combined) included in
                                                                        Equation Q-9 of subpart Q, calculated as
                                                                        specified in a new Equation Q-12 of
                                                                        subpart Q in the final rule amendments.
                                          40 CFR 98.176(e)(6)(v).....  If you use the carbon mass balance method
                                                                        in 40 CFR 98.173(b)(1) to determine CO2
                                                                        emissions: The weighted average carbon
                                                                        content of all non-fuel inputs to all
                                                                        furnaces (combined) included in Equation
                                                                        Q-10 of subpart Q, calculated as
                                                                        specified in a new Equation Q-13 of
                                                                        subpart Q in the final rule amendments.
                                          40 CFR 98.176(e)(6)(vi)....  If you use the carbon mass balance method
                                                                        in 40 CFR 98.173(b)(1) to determine CO2
                                                                        emissions: The weighted average carbon
                                                                        content of all solid and liquid products
                                                                        and byproducts from all furnaces
                                                                        (combined) included in a new Equation Q-
                                                                        11 of subpart Q in the final rule
                                                                        amendments, calculated as specified in
                                                                        new Equation Q-14 of subpart Q in the
                                                                        final rule amendments.
X--Petrochemical........................  40 CFR 98.246(a)(12) and     If using the CEMS method to calculate GHG
                                           (b)(9).                      emissions: Name and annual quantity (in
                                                                        metric tons) of each carbon-containing
                                                                        feedstock. If using the mass balance
                                                                        method to calculate GHG emissions: Name
                                                                        and annual quantity (in metric tons) of
                                                                        each carbon-containing feedstock used in
                                                                        Equations X-1, X-2, and X-3 of subpart
                                                                        X.
----------------------------------------------------------------------------------------------------------------

    The five new data elements listed below in Table 6 of this preamble
were proposed to be assigned to the ``Unit Process Operating
Characteristics that are Not Inputs to Emission Equations'' category,
for which EPA has not established a categorical confidentiality
determination. Individual confidentiality determinations were proposed
for these data elements, which are shown in Table 6 below. In this
action, the EPA is finalizing the categorical assignments and
confidentiality determinations for four of the five new data elements
listed in Table 6, as proposed. The EPA revised the confidentiality
determination for the new data element in subpart V, as shown in Table
6.

  Table 6--Final Confidentiality Determinations for New Data Elements Assigned to the ``Unit/Process Operating
                           Characteristics That Are Not Inputs to Emission Equations''
----------------------------------------------------------------------------------------------------------------
                                                                                Final rationale for
            Subpart                 Citation           Data element       Confidentiality     confidentiality
                                                                           determination       determination
----------------------------------------------------------------------------------------------------------------
E--Adipic Acid Production.....  40 CFR 98.56(n).  Annual percent N2O     Not CBI.........  The annual facility
                                                   emission reduction                       percent N2O
                                                   for all production                       reduction could not
                                                   units combined.                          be used to calculate
                                                                                adipic acid
                                                                                production. The
                                                                                level of N2O
                                                                                reductions varies by
                                                                                the type of
                                                                                abatement
                                                                                technology, the
                                                                                environment in which
                                                                                the abatement
                                                                                technology is
                                                                                operating, the age
                                                                                of the abatement
                                                                                technology, the age
                                                                                of the catalyst
                                                                                used, and the
                                                                                maintenance level of
                                                                                the abatement
                                                                                technology.
H--Cement Kilns...............  40 CFR            Annual average         CBI.............  This data element
                                 98.86(b)(17).     clinker CO2 emission                     could be used to
                                                   factor for the                           back calculate a
                                                   facility, averaged                       facility's clinker
                                                   across all kilns                         production data,
                                                   (metric tons CO2/                        which would result
                                                   metric ton clinker                       in competitive
                                                   produced).                               disadvantage.
                                40 CFR            Annual average cement  CBI.............  This data element
                                 98.86(b)(18).     kiln dust (CKD) CO2                      could provide
                                                   emission factor for                      information about
                                                   the facility,                            the efficiency of
                                                   averaged across all                      the operation, which
                                                   kilns (metric tons                       would result in
                                                   CO2/metric ton CKD                       competitive
                                                   produced).                               disadvantage.
V--Nitric Acid Production.....  40 CFR 98.226(q)  Annual percent N2O     ND \a\..........  Refer to Section
                                                   emission reduction                       III.B of this
                                                   for all nitric acid                      preamble for the
                                                   trains combined.                         rationale for this
                                                                                determination.
AA--Pulp and Paper............  40 CFR            For each pulp mill     Non-CBI.........  Release of this data
                                 98.276(l)(2).     lime kiln: Percent                       would not result in
                                                   of annual heat                           competitive harm
                                                   input, individually                      because lime kiln
                                                   for each fossil fuel                     fossil fuel use as a
                                                   type.                                    fraction of design
                                                                                heat input was
                                                                                reported to the EPA
                                                                                as part of a 2011
                                                                                ICR survey, and
                                                                                facilities reporting
                                                                                via the survey made
                                                                                no CBI claims
                                                                                regarding fuel type
                                                                                and percent of
                                                                                design heat input.
----------------------------------------------------------------------------------------------------------------
\a\ ND = No determination is being finalized.

B. Response to Public Comments

    The EPA received several comments related to the proposed
confidentiality determinations for new data elements. Several
commenters provided support for the EPA's proposed confidentiality
determinations for new data elements proposed to be reported in
subparts G, H, S, P, Y, and AA. These comments may be found in the
EPA's comment response document in Docket ID No. EPA-HQ-OAR-2010-0929.
We received several comments questioning the proposed confidentiality
determination of several new data elements, including requests that the
data elements be treated as confidential, or that the confidentiality
be determined on a case-by-case basis, and summaries of these comments
and EPA's responses thereto are provided below. Additional comments and
the EPA's responses may be found in the comment response document noted
above.
    Comment: One commenter provided comments on confidentiality
determinations for new data elements proposed for subpart V (Nitric
Acid Production). The commenter expressed support for the inclusion of
the data element ``annual percent nitrous oxide emissions reduction for
all production units combined'' (40 CFR 98.226(q)) in the ``Unit/
Process `Operating' Characteristics That Are Not Inputs to Emission
Equations'' data category. However, the commenter disagreed with the
EPA's proposed determination that the data element is considered not
confidential. The commenter disagreed with the EPA's assertion that the
data could not be used to calculate nitric acid production for an
individual train because it is an aggregate number, stating that for
facility with only a single nitric acid train with N2O
abatement, this would not hold true. The commenter further asserted
that the EPA was incorrect to assume that the data are publicly
available through the voluntary Climate Action Reserve (CAR). The
commenter stated that although some industry members participate in the
CAR and release the information, several do not. The commenter
contested that it is inappropriate for the EPA to base part of its
decision on the voluntary reporting of some facilities. As an
alternative, the commenter requested that the EPA not make a
confidentiality determination for this data element as it has done for
other data elements and, instead, allow individual reporters to assert
CBI claims for the data element.
    Response: The EPA agrees with the commenter that the annual percent
nitrous oxide emissions reduction for all production units combined is
not publicly available on an annual basis through the CAR for all
facilities reporting under this subpart, and notes that the EPA did not
indicate such was the case in the proposed rule. At proposal, the EPA
did not specifically consider the situation where a facility has only
one nitric acid train. After further investigation in response to the
comment received, the EPA agrees that, in cases where a facility has
only one nitric acid train with N2O, the data element
``annual percent nitrous oxide emissions reduction for all production
units combined'' (40 CFR 98.226(q)) could be used to calculate nitric
acid production. For facilities with only one nitric acid train with
N2O abatement, the reporting of annual percent
N2O emissions reductions, together with annual
N2O emissions from nitric acid

production (as required to be reported in 40 CFR 98.3(c)(4)), the
destruction efficiency (as required to be reported in 40 CFR
98.226(i)), and the abatement utilization factor (as required to be
reported in 40 CFR 98.226(j)), could be used to back-calculate the mass
of nitric acid produced. Further, the EPA cannot conclude that in
specific situations, if a facility adds a nitric acid train from one
year to the next, and the EPA publishes this data for the year that the
facility has two nitric acid trains, that data revealing the annual
percent nitrous oxide emissions reductions for all production units
combined could not be back-calculated or estimated for the previous
year (when the facility had one nitric acid train.)
    However, if a facility reports this information to the CAR and it
is publicly available, the EPA sees no reason why the same data could
not be published through the Greenhouse Gas Reporting Program,
regardless of the number of nitric acid trains at the facility. In
light of the above, the EPA cannot make a confidentiality determination
that applies to all facilities required to report this data element.
Therefore, the EPA is not finalizing a confidentiality determination
for this data element. In Table 6 of this preamble, the determination
for this data element is designated as ``ND,'' which means that no
determination has been made. The EPA will make a confidentiality
determination for this data element on a case by case basis.
    Comment: One commenter provided support for the confidentiality
determinations for three new data elements proposed in subpart Y:
Annual quantity of flare gas combusted (40 CFR 98.256(e)(11)(i));
annual average molecular weight of flare gas combusted (40 CFR
98.256(e)(11)(ii)); and annual average carbon content of flare gas
combusted (40 CFR 98.256(e)(11)(iii)). The three data elements, which
are only required when using Equation Y-3 of subpart Y, were assigned
to the ``Unit/Process `Operating' Characteristics that Are Not Inputs
to Emission Equations'' Data Category'' and were not classified as CBI
in the proposal. Another commenter disagreed with the EPA's
determination that these data are not confidential. The commenter
explained that the flared gases are process gases, and would reveal
characteristics of iron and steel processes. The commenter stated that
the data elements may reveal operating efficiency, provide information
that would allow competitors to infer production costs and process
characteristics, and enable them to gain a competitive advantage. The
commenter asserted that the data elements are CBI and must be
considered CBI in the final rule.
    Response: The EPA proposed to collect these three data elements to
assist the EPA in verifying reported GHG emissions associated with
flaring gas when Equation Y-3 is used. The EPA is not finalizing the
reporting of these data elements. Refer to Section II.D.2 of this
preamble for further discussion of the EPA's rationale for this
decision.

IV. Impacts of the Final Rule

    The EPA has determined that the cost associated with this final
action will be $438,000 in the first year of implementation and $55,000
in each subsequent year, as further summarized below. A full discussion
of the impacts may be found in the memorandum, ``Assessment of Cost
Impacts of 2015 Inputs Proposal--Revisions to Reporting, Recordkeeping,
and Verification Requirements Under the Greenhouse Gas Reporting
Program,'' August 2013, available in the EPA's Docket ID No. EPA-HQ-
OAR-2010-0929.

A. How were the costs of this final rule estimated?

1. Inputs Verification Tool
    The data elements required to be used for calculating the annual
GHG emissions values, and the cost associated with collecting these
data elements, have not changed from the estimate made during the
original rulemaking process. The time associated with entry of these
inputs to emission equations into e-GGRT (including into the new IVT)
is expected to be equivalent to the time originally anticipated for
data entry. Prior to using IVT, as currently required, reporters must
use their own calculation tool (e.g., calculator, calculation software)
to calculate the annual GHG emissions values, using the same sets of
equations and entering the same data elements that they would enter
into the tool.
    The EPA does recognize however that there may be some time
associated with learning the new procedures for IVT and we have
estimated a cost of approximately $67 per facility, or $383,000 for the
first year for all affected facilities. During their first session
using IVT, reporters would need to spend approximately one hour to
become familiar with how the tool operates within e-GGRT. The
requirement to use IVT would not result in any change in the respondent
activity of entering these data into e-GGRT. Once the reporter has
become familiar with the tool, the EPA does not anticipate any
additional burden. The cost includes technical, clerical, and
managerial labor hours. For further information about this cost
estimate, refer to the memorandum ``Assessment of Cost Impacts of 2015
Inputs Final Rule--Revisions to Reporting, Recordkeeping, and
Verification Requirements Under the Greenhouse Gas Reporting Program''
September 2014 and the supporting statement for the information
collection request, ``Supporting Statement, Environmental Protection
Agency: Revisions to Reporting and Recordkeeping Requirements, and
Final Confidentiality Determinations Under the Greenhouse Gas Reporting
Program, Office of Management and Budget (OMB) Control Number 2060-
0629, ICR Number 2300.12,'' both available in Docket ID No. EPA-HQ-OAR-
2010-0929.
2. New Data Elements
    We are adding 21 new data elements that were not previously
required to be reported under Part 98 (see Section II.D of this
preamble for further discussion). These data elements must be reported
by facilities in certain subparts that are required to use IVT. Of
these 21 data elements, seven data elements are related to annual
production or raw material usage, which are collected by a facility as
a routine part of conducting business. For these data elements, we are
not requiring that reporters comply with specific data collection or
monitoring requirements beyond the methods commonly used for accounting
purposes. The other 14 data elements to be reported are calculated
values using data currently required to be collected to perform
emissions calculations. For all of these additional data elements, the
EPA has estimated a nominal additional cost to report the data element
and fulfill the recordkeeping requirements. The total costs associated
with reporting and recordkeeping for the 21 data elements in 9 subparts
is $55,000. These costs represent the cost for all affected facilities
in the first year.

B. Do the final confidentiality determinations change the impacts of
the final amendments?

    The final confidentiality determinations for the new data elements
would not affect whether and how data are reported and, therefore,
would not impose any additional burden on sources. Whether a data
reporting element is determined to be CBI, not CBI, or emission data,
the reporting element is reported to the EPA through e-GGRT in the same
manner.

V. Statutory and Executive Order Reviews

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

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

B. Paperwork Reduction Act

    The information collection requirements in this final rule have
been submitted for approval to the OMB under the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. The Information Collection Request (ICR)
document prepared by the EPA has been assigned EPA ICR number 2300.12.
The information collection requirements are not enforceable until OMB
approves them.
    This action finalizes amendments to reporting and recordkeeping
requirements and verification procedures for the GHGRP. In addition,
the EPA is publishing confidentiality determinations for the new data
elements added in this action. The amendments to the reporting
requirements in the source category-specific subparts are not
anticipated to result in significant burden for reporters. The data
elements required to be reported are expected to be readily available
for affected facilities, or easily calculated using data already
required to be collected (e.g., a monthly value was previously reported
and an annual value is to be reported).
    Impacts associated with the changes to the reporting requirements
in each subpart are detailed in the memorandum ``Assessment of Cost
Impacts of 2015 Inputs Final Rule--Revisions to Reporting,
Recordkeeping, and Verification Requirements under the Greenhouse Gas
Reporting Program,'' September 2014, (see Docket ID No. EPA-HQ-OAR-
2010-0929). Burden is defined at 5 CFR 1320.3(b).
    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. When this ICR
is approved by OMB, the Agency will publish a technical amendment to 40
CFR part 9 in the Federal Register to display the OMB control number
for the approved information collection requirements contained in this
final rule.

C. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
    For purposes of assessing the impacts of these final rule
amendments and confidentiality determinations on small entities, small
entity is defined as: (1) A small business as defined by the Small
Business Administration's (SBA) regulations at 13 CFR 121.201; (2) a
small governmental jurisdiction that is a government of a city, county,
town, school district or special district with a population of less
than 50,000; or (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field. After considering the economic impacts of these
final amendments on small entities, I certify that this action will not
have a significant economic impact on a substantial number of small
entities. The small entities directly regulated by these final rule
amendments include small businesses across all sectors of the economy
encompassed by Part 98, small governmental jurisdictions, and small
non-profits. We have determined that these facilities will experience
impacts of roughly a first-year cost of $67 per facility for learning
new procedures for the verification tool and an annual cost of $93 per
facility for the recordkeeping and reporting of 21 new data elements.
    Although these final rule amendments will not have a significant
economic impact on a substantial number of small entities, the EPA
nonetheless has tried to reduce the impact of this rule on small
entities. The EPA supports a ``help desk'' for the GHGRP, which will be
available to answer questions on the provisions in this final
rulemaking.

D. Unfunded Mandates Reform Act (UMRA)

    The final amendments and confidentiality determinations do not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any one year. This action finalizes
the following requirements: (1) Requirements for certain reporters
under 23 subparts to use an EPA-provided IVT instead of reporting
certain data elements for which disclosure concerns have been
identified, (2) lengthening the record retention time for reporters
required to use IVT, and (3) new data elements to be reported for
certain reporters using IVT and confidentiality determinations for
these new data element. As discussed in Section IV of this preamble,
for the first year, the total collective impact on regulated entities
is (1) $383,000, or $67 per entity, for using IVT; and (2) $55,000, or
$93 per entity, for the final new data elements to be reported. Thus,
the final amendments and confidentiality determinations are not subject
to the requirements of sections 202 or 205 of UMRA.
    This final rule is also not subject to the requirements of section
203 of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This action amends
reporting and recordkeeping requirements and verification procedures
for certain reporters in the GHGRP. In addition, the EPA is finalizing
confidentiality determinations for the new data elements added in this
action. As discussed in Section IV of this preamble, the total
collective impact on regulated entities is $438,000 in the first year,
and $55,000 annually thereafter. Because this impact on each individual
facility is estimated to be approximately $67-$160 in the first year
and $93 annually thereafter, the EPA has determined that the provisions
in this action will not significantly impact small governments. In
addition, because none of the provisions apply specifically to small
governments, the EPA has determined that the provisions in this action
will not uniquely impact small governments. Therefore, this action is
not subject to the requirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism

    The final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The final amendments and
confidentiality determinations apply to facilities that directly emit
greenhouses gases and fuel and chemicals suppliers. These changes do
not apply to governmental entities unless the government entity owns a
facility that directly emits GHGs above threshold levels (such as a
large

stationary combustion device), so relatively few government facilities
will be affected. Moreover, for government facilities that are subject
to the rule, the final revisions will not have a significant cost
impact. This final rule also does not limit the power of States or
localities to collect GHG data and/or regulate GHG emissions. Thus,
Executive Order 13132 does not apply to this rule.

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

    This final rule does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). The final
amendments and confidentiality determinations apply directly to
facilities that directly emit GHGs or that are suppliers of GHGs. They
will not have tribal implications unless the tribal entity owns a
facility that directly emits GHGs above threshold levels (such as a
landfill or large combustion device). Relatively few tribal facilities
would be affected. Thus, Executive Order 13175 does not apply to this
action.

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

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying only to those regulatory actions that concern health
or safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
final rule is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.

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

    This final rule is not a ``significant energy action'' as defined
in Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Part 98 relates to monitoring,
reporting, and recordkeeping and does not impact energy supply,
distribution, or use. This final rule amends reporting and
recordkeeping requirements and verification procedures for the GHGRP.
In addition, the EPA is finalizing confidentiality determinations for
the new data elements added in this rulemaking. These final amendments
and confidentiality determinations do not make any changes to the
existing monitoring, recordkeeping, or reporting requirements under
Part 98 that affect the supply, distribution, or use of energy.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs the EPA to provide
Congress, through the OMB, explanations when the Agency decides not to
use available and applicable voluntary consensus standards.
    This final rulemaking does not involve any new technical standards.
Therefore, the EPA is not considering the use of any voluntary
consensus standards.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    The EPA has determined that these final rule amendments and
confidentiality determinations will not have disproportionately high
and adverse human health or environmental effects on minority or low-
income populations because the amendments do not affect the level of
protection provided to human health or the environment. This is because
the final amendments address information collection and reporting and
verification procedures.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective on November 24, 2014.

List of Subjects 40 CFR Part 98

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

    Dated: September 26, 2014.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, the Environmental
Protection Agency amends 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, et seq.

Subpart A--General Provision

0
2. Section 98.3 is amended by revising paragraphs (c)(4)(vii),
(d)(3)(v), (g) introductory text, and (g)(2)(i) to read as follows:

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

* * * * *
    (c) * * *
    (4) * * *
    (vii) The owner or operator of a facility is not required to report
the data elements specified in Table A-6 of this subpart for calendar
years 2010 through 2011 until March 31, 2013. The owner or operator of
a facility is not required to report the data elements specified in
Table A-7 of this subpart for calendar years 2010 through 2013 until
March 31, 2015 (as part of the annual report for reporting year 2014),
except as otherwise specified in Table A-7 of this subpart.
* * * * *
    (d) * * *
    (3) * * *

    (v) For each stationary fuel combustion source that meets the
criteria specified in Sec.  98.36(f), report any facility operating
data or process information used for the GHG emission calculations. A
stationary fuel combustion source that does not meet the criteria
specified in Sec.  98.36(f) must either report the data specified in
this paragraph (d)(3)(v) in the annual report or use verification
software according to Sec.  98.5(b) in lieu of reporting the data
specified in this paragraph.
* * * * *
    (g) Recordkeeping. An owner or operator that is required to report
GHGs under this part must keep records as specified in this paragraph
(g). Except as otherwise provided in this paragraph, retain all
required records for at least 3 years from the date of submission of
the annual GHG report for the reporting year in which the record was
generated. The records shall be kept in an electronic or hard-copy
format (as appropriate) and recorded in a form that is suitable for
expeditious inspection and review. If the owner or operator of a
facility is required under Sec.  98.5(b) to use verification software
specified by the Administrator, then all records required for the
facility under this part must be retained for at least 5 years from the
date of submission of the annual GHG report for the reporting year in
which the record was generated, starting with records for reporting
year 2010. Upon request by the Administrator, the records required
under this section must be made available to EPA. Records may be
retained off site if the records are readily available for expeditious
inspection and review. For records that are electronically generated or
maintained, the equipment or software necessary to read the records
shall be made available, or, if requested by EPA, electronic records
shall be converted to paper documents. You must retain the following
records, in addition to those records prescribed in each applicable
subpart of this part:
* * * * *
    (2) * * *
    (i) The GHG emissions calculations and methods used. For data
required by Sec.  98.5(b) to be entered into verification software
specified in Sec.  98.5(b), maintain the entered data in the format
generated by the verification software according to Sec.  98.5(b).
* * * * *

0
3. Section 98.5 is revised to read as follows:

Sec.  98.5  How is the report submitted?

    (a) Each GHG report and certificate of representation for a
facility or supplier must be submitted electronically in accordance
with the requirements of Sec.  98.4 and in a format specified by the
Administrator.
    (b) For reporting year 2014 and thereafter, you must enter into
verification software specified by the Administrator the data specified
in the verification software records provision in each applicable
recordkeeping section. For each data element entered into the
verification software, if the software produces a warning message for
the data value and you elect not to revise the data value, you may
provide an explanation in the verification software of why the data
value is not being revised.

0
4. Table A-7 to Subpart A of Part 98 is revised to read as follows:

   Table A-7 to Subpart A of Part 98--Data Elements That Are Inputs to
  Emission Equations and for Which the Reporting Deadline Is March 31,
                                  2015
------------------------------------------------------------------------
                                                       Specific data
                                                     elements for which
                                                     reporting date is
                                                       March 31, 2015
                                Rule citation (40    (``All'' means all
            Subpart                CFR part 98)     data elements in the
                                                    cited paragraph are
                                                     not required to be
                                                    reported until March
                                                         31, 2015)
------------------------------------------------------------------------
A.............................  98.3(d)(3)(v)....  All.\a\
C.............................  98.36(b)(9)(iii).  Only estimate of the
                                                    heat input.\a\
C.............................  98.36(c)(2)(ix)..  Only estimate of the
                                                    heat input from each
                                                    type of fuel listed
                                                    in Table C-2 of
                                                    subpart C of this
                                                    part.\a\
C.............................  98.36(e)(2)(i)...  All.\a\
C.............................  98.36(e)(2)(ii)(A  All.\a\
                                 ).
C.............................  98.36(e)(2)(ii)(C  Only HHV value for
                                 ).                 each calendar month
                                                    in which HHV
                                                    determination is
                                                    required.\a\
C.............................  98.36(e)(2)(ii)(D  All.\a\
                                 ).
C.............................  98.36(e)(2)(iv)(A  All.\a\
                                 ).
C.............................  98.36(e)(2)(iv)(C  All.\a\
                                 ).
C.............................  98.36(e)(2)(iv)(F  All.\a\
                                 ).
C.............................  98.36(e)(2)(ix)(D  All.\a\
                                 ).
C.............................  98.36(e)(2)(ix)(E  All.\a\
                                 ).
C.............................  98.36(e)(2)(ix)(F  All.\a\
                                 ).
E.............................  98.56(g).........  All.
E.............................  98.56(h).........  All.
E.............................  98.56(j)(4)......  All.
E.............................  98.56(j)(5)......  All.
E.............................  98.56(j)(6)......  All.
E.............................  98.56(l).........  All.
H.............................  98.86(b)(11).....  All.
H.............................  98.86(b)(13).....  Name of raw kiln feed
                                                    or raw material.
L.............................  98.126(b)(1).....  Only data used in
                                                    calculating the
                                                    absolute errors and
                                                    data used in
                                                    calculating the
                                                    relative errors.
L.............................  98.126(b)(2).....  All.
L.............................  98.126(b)(6).....  Only mass of each
                                                    fluorine-containing
                                                    reactant fed into
                                                    the process.
L.............................  98.126(b)(7).....  Only mass of each
                                                    fluorine-containing
                                                    product produced by
                                                    the process.
L.............................  98.126(b)(8)(i)..  Only mass of each
                                                    fluorine-containing
                                                    product that is
                                                    removed from the
                                                    process and fed into
                                                    the destruction
                                                    device.

L.............................  98.126(b)(8)(ii).  Only mass of each
                                                    fluorine-containing
                                                    by-product that is
                                                    removed from the
                                                    process and fed into
                                                    the destruction
                                                    device.
L.............................  98.126(b)(8)(iii)  Only mass of each
                                                    fluorine-containing
                                                    reactant that is
                                                    removed from the
                                                    process and fed into
                                                    the destruction
                                                    device.
L.............................  98.126(b)(8)(iv).  Only mass of each
                                                    fluorine-containing
                                                    by-product that is
                                                    removed from the
                                                    process and
                                                    recaptured.
L.............................  98.126(b)(8)(v)..  All.
L.............................  98.126(b)(9)(i)..  All.
L.............................  98.126(b)(9)(ii).  All.
L.............................  98.126(b)(9)(iii)  All.
L.............................  98.126(b)(10)....  All.
L.............................  98.126(b)(11)....  All.
L.............................  98.126(b)(12)....  All.
L.............................  98.126(c)(1).....  Only quantity of the
                                                    process activity
                                                    used to estimate
                                                    emissions.
L.............................  98.126(c)(2).....  All.
L.............................  98.126(d)........  Only estimate of
                                                    missing data.
L.............................  98.126(f)(1).....  All.
L.............................  98.126(g)(1).....  All.
L.............................  98.126(h)(2).....  All.
O.............................  98.156(d)(2).....  All.
O.............................  98.156(d)(3).....  All.
O.............................  98.156(d)(4).....  All.
Q.............................  98.176(f)(1).....  All.
W.............................  98.236(c)(1)(i)..  All.
W.............................  98.236(c)(1)(ii).  All.
W.............................  98.236(c)(1)(iii)  All.
W.............................  98.236(c)(2)(i)..  All.
W.............................  98.236(c)(3)(i)..  All.
W.............................  98.236(c)(3)(ii).  Only Calculation
                                                    Methodology 2 of
                                                    Sec.   98.233(d).
W.............................  98.236(c)(3)(iii)  All.
W.............................  98.236(c)(3)(iv).  All.
W.............................  98.236(c)(4)(i)(A  All.
                                 ).
W.............................  98.236(c)(4)(i)(B  All.
                                 ).
W.............................  98.236(c)(4)(i)(C  All.
                                 ).
W.............................  98.236(c)(4)(i)(D  All.
                                 ).
W.............................  98.236(c)(4)(i)(E  All.
                                 ).
W.............................  98.236(c)(4)(i)(F  All.
                                 ).
W.............................  98.236(c)(4)(i)(G  All.
                                 ).
W.............................  98.236(c)(4)(i)(H  All.
                                 ).
W.............................  98.236(c)(4)(ii)(  All.
                                 A).
W.............................  98.236(c)(5)(i)(D  All.
                                 ).
W.............................  98.236(c)(5)(ii)(  All.
                                 C).
W.............................  98.236(c)(6)(i)(B  All.\b\
                                 ).
W.............................  98.236(c)(6)(i)(D  All.\b\
                                 ).
W.............................  98.236(c)(6)(i)(E  All.\b\
                                 ).
W.............................  98.236(c)(6)(i)(F  All.\b\
                                 ).
W.............................  98.236(c)(6)(i)(G  Only the amount of
                                 ).                 natural gas
                                                    required.
W.............................  98.236(c)(6)(i)(H  Only the amount of
                                 ).                 natural gas
                                                    required.
W.............................  98.236(c)(6)(ii)(  All.
                                 A).
W.............................  98.236(c)(6)(ii)(  All.
                                 B).
W.............................  98.236(c)(7)(i)(A  Only for Equation W-
                                 ).                 14A of Sec.
                                                    98.233.
W.............................  98.236(c)(8)(i)(F  All.\b\
                                 ).
W.............................  98.236(c)(8)(i)(K  All.
                                 ).
W.............................  98.236(c)(8)(ii)(  All.\b\
                                 A).
W.............................  98.236(c)(8)(ii)(  All.
                                 H).
W.............................  98.236(c)(8)(iii)  All.
                                 (A).
W.............................  98.236(c)(8)(iii)  All.
                                 (B).