[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Proposed Rules]
[Pages 81350-81363]
[FR Doc No: 2010-32447]

-----------------------------------------------------------------------

Part III

Environmental Protection Agency

-----------------------------------------------------------------------

40 CFR Part 98

Change to the Reporting Date for Certain Data Elements Required Under
the Mandatory Reporting of Greenhouse Gases Rule; Proposed Rule

Federal Register / Vol. 75 , No. 247 / Monday, December 27, 2010 /
Proposed Rules

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2010-0929 FRL-9242-6]

Change to the Reporting Date for Certain Data Elements Required
Under the Mandatory Reporting of Greenhouse Gases Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to defer the reporting date of certain data
elements that are inputs to emission equations under the Mandatory
Greenhouse Gas Reporting Rule for three years. In response to EPA's
July 7, 2010 proposed confidentiality determinations for data required
under the reporting rule, EPA received several comments raising
concerns that warrant further consideration before EPA issues final
confidentiality determinations for data elements that are inputs to
emission equations for direct emitters. To allow time for EPA to
consider these comments and other information concerning these data
elements before they are reported to EPA, when they may become publicly
available, EPA is proposing to defer direct emitter reporting of inputs
to emission equations for calendar years through 2012 until March 31,
2014. This proposal would not change any other requirements of the
reporting rule.

DATES: Comments. Comments must be received on or before January 26,
2011 unless a public hearing is requested by January 6, 2011. If a
hearing is requested on this proposed rule, written comments must be
received by February 10, 2011.
    Public Hearing. To request a hearing, please contact the person
listed in the following FOR FURTHER INFORMATION CONTACT section by
January 6, 2011. Upon such request, the hearing will be conducted on
January 11, 2011, in the Washington, DC area. If a hearing is
requested, EPA will provide further information about the hearing on
its Web page: http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

ADDRESSES: You may submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2010-0929, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>Include Docket ID No.
EPA-HQ-OAR-2010-0929 (and/or RIN number) in the subject line of the
message.
     Fax:<PHONE_NUMBER>.
     Mail: Environmental Protection Agency, EPA Docket Center
(EPA/DC), Mailcode 2822T, Attention Docket ID No. OAR-2010-0929, 1200
Pennsylvania Avenue, NW., Washington, DC 20004.
     Hand/Courier Delivery: EPA Docket Center, Public Reading
Room, EPA West Building, Room 3334, 1301 Constitution Avenue, NW.,
Washington, DC 20004. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2010-0929. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means that EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters or any form of encryption and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Docket, EPA/
DC, EPA West Building, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the Air Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division,
Office of Atmospheric Programs (MC-6207J), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>    Worldwide Web (WWW). In addition to being available in the docket,
an electronic pre-publication copy of this proposal will also be
available through the WWW. Following the Administrator's signature, a
copy of this action will be posted on EPA's greenhouse gas reporting
rule Web site at http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

SUPPLEMENTARY INFORMATION: Acronyms and Abbreviations. The following
acronyms and abbreviations are used in this document.

CAA Clean Air Act
CBI confidential business information
CEMS continuous emission monitoring system(s)
CFR Code of Federal Regulations
EPA U.S. Environmental Protection Agency
FR Federal Register
GHG greenhouse gas
NTTAA National Technology Transfer and Advancement Act of 1995
RFA Regulatory Flexibility Act
UMRA Unfunded Mandates Reform Act
U.S. United States
WWW Worldwide Web

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

I. Background
II. Summary of the Proposed Amendment and Request for Comments
    A. Facilities Affected
    B. Proposed Amendment
    C. Request for Comments
III. Rationale for the Proposed Amendment
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments

    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

    Does this action apply to me? The Administrator determined that
this action is subject to the provisions of Clean Air Act (CAA) section
307(d). See CAA section 307(d)(1)(V) (the provisions of CAA section
307(d) apply to ``such other actions as the Administrator may
determine''). This action would amend existing regulations. Entities
affected by this proposed action are owners or operators of facilities
that are direct emitters of greenhouse gases (GHGs) and are required to
report under the Mandatory GHG Reporting Rule (40 CFR part 98), which
include those listed in Table 1 of this preamble:

                               Table 1--Examples of Affected Entities by Category
----------------------------------------------------------------------------------------------------------------
                  Category                           NAICS                Examples of affected facilities
----------------------------------------------------------------------------------------------------------------
General Stationary Fuel Combustion Sources..  ..................  Facilities operating boilers, process heaters,
                                                                   incinerators, turbines, and internal
                                                                   combustion engines:
                                                             321     Manufacturers of lumber and wood products.
                                                             322     Pulp and paper mills.
                                                             325     Chemical manufacturers.
                                                             324     Petroleum refineries, and manufacturers of
                                                                      coal products.
                                                   316, 326, 339     Manufacturers of rubber and miscellaneous
                                                                      plastic products.
                                                             331     Steel works, blast furnaces.
                                                             332     Electroplating, plating, polishing,
                                                                      anodizing, and coloring.
                                                             336     Manufacturers of motor vehicle parts and
                                                                      accessories.
                                                             221     Electric, gas, and sanitary services.
                                                             622     Health services.
                                                             611     Educational services.
                                                          325193     Ethyl alcohol manufacturing facilities.
                                                          311611     Meat processing facilities.
                                                          311411     Frozen fruit, juice, and vegetable
                                                                      manufacturing facilities.
                                                          311421     Fruit and vegetable canning facilities.
Electricity Generation......................              221112  Fossil-fuel fired electric generating units,
                                                                   including units owned by Federal and
                                                                   municipal governments and units located in
                                                                   Indian Country.
Adipic Acid Production......................              325199  Adipic acid manufacturing facilities.
Aluminum Production.........................              331312  Primary Aluminum production facilities.
Ammonia Manufacturing.......................              325311  Anhydrous and aqueous ammonia manufacturing
                                                                   facilities.
Cement Production...........................              327310  Portland Cement manufacturing plants.
Electronics Manufacturing...................              334111  Microcomputers manufacturing facilities.
                                                          334413  Semiconductor, photovoltaic (solid-state)
                                                                   device manufacturing facilities.
                                                          334419  LCD unit screens manufacturing facilities.
                                              ..................  MEMS manufacturing facilities.
Ferroalloy Production.......................              331112  Ferroalloys manufacturing facilities.
Fluorinated GHG Production..................              325120  Industrial gases manufacturing facilities.
Glass Production............................              327211  Flat glass manufacturing facilities.
                                                          327213  Glass container manufacturing facilities.
                                                          327212  Other pressed and blown glass and glassware
                                                                   manufacturing facilities.
HCFC-22 Production and HFC-23 Destruction...              325120  Chlorodifluoromethane manufacturing
                                                                   facilities.
Hydrogen Production.........................              325120  Hydrogen manufacturing facilities.
Iron and Steel Production...................              331111  Integrated iron and steel mills, steel
                                                                   companies, sinter plants, blast furnaces,
                                                                   basic oxygen process furnace shops.
Lead Production.............................              331419  Primary lead smelting and refining facilities.
                                                          331492  Secondary lead smelting and refining
                                                                   facilities.
Lime Production.............................              327410  Calcium oxide, calcium hydroxide, dolomitic
                                                                   hydrates manufacturing facilities.
Magnesium Production........................              331419  Primary refiners of nonferrous metals by
                                                                   electrolytic methods.
                                                          331492  Secondary magnesium processing plants.
Municipal Solid Waste Landfills.............              562212  Solid waste landfills.
                                                          221320  Sewage treatment facilities.
Nitric Acid Production......................              325311  Nitric acid manufacturing facilities.
Petroleum and Natural Gas Systems...........              486210  Pipeline transportation of natural gas.
                                                          221210  Natural gas distribution facilities.
                                                             211  Extractors of crude petroleum and natural gas.
                                                          211112  Natural gas liquid extraction facilities.
Petrochemical Production....................               32511  Ethylene dichloride manufacturing facilities.
                                                          325199  Acrylonitrile, ethylene oxide, methanol
                                                                   manufacturing facilities.
                                                          325110  Ethylene manufacturing facilities.
                                                          325182  Carbon black manufacturing facilities.
Petroleum Refineries........................              324110  Petroleum refineries.
Phosphoric Acid Production..................              325312  Phosphoric acid manufacturing facilities.
Pulp and Paper Manufacturing................              322110  Pulp mills.
                                                          322121  Paper mills.
                                                          322130  Paperboard mills.
Silicon Carbide Production..................              327910  Silicon carbide abrasives manufacturing
                                                                   facilities.
Soda Ash Manufacturing......................              325181  Alkalies and chlorine manufacturing
                                                                   facilities.

                                                          212391  Soda ash, natural, mining and/or
                                                                   beneficiation.
Sulfur Hexafluoride (SF6) from Electrical                 221121  Electric bulk power transmission and control
 Equipment.                                                        facilities.
Titanium Dioxide Production.................              325188  Titanium dioxide manufacturing facilities.
Underground Coal Mines......................              212113  Underground anthracite coal mining operations.
                                                          212112  Underground bituminous coal mining operations.
Zinc Production.............................              331419  Primary zinc refining facilities.
                                                          331492  Zinc dust reclaiming facilities, recovering
                                                                   from scrap and/or alloying purchased metals.
Industrial Landfills........................              562212  Solid waste landfills.
                                                          221320  Sewage treatment facilities.
                                                          322110  Pulp mills.
                                                          322121  Paper mills.
                                                          322122  Newsprint mills.
                                                          322130  Paperboard mills.
                                                          311611  Meat processing facilities.
                                                          311411  Frozen fruit, juice, and vegetable
                                                                   manufacturing facilities.
                                                          311421  Fruit and vegetable canning facilities.
Wastewater Treatment........................              322110  Pulp mills.
                                                          322121  Paper mills.
                                                          322122  Newsprint mills.
                                                          322130  Paperboard mills.
                                                          311611  Meat processing facilities.
                                                          311411  Frozen fruit, juice, and vegetable
                                                                   manufacturing facilities.
                                                          311421  Fruit and vegetable canning facilities.
                                                          325193  Ethanol manufacturing facilities.
CO2 Enhanced Recovery Projects..............                 211  Oil and Gas Extraction Projects using CO2
                                                                   Enhanced Recovery.
Geologic Sequestration Sites................                 N/A  CO2 geologic sequestration projects.
----------------------------------------------------------------------------------------------------------------

    Table 1 of this preamble is not intended to be exhaustive but to
provide a guide for readers regarding facilities likely to be affected
by this action. Types of facilities other than those listed in the
table could also be subject to reporting requirements. To determine
whether you are affected by this action, you should carefully examine
the applicability criteria found in 40 CFR part 98, subpart A or the
relevant criteria in subparts C though JJ \1\ and RR, SS, and TT. If
you have questions regarding the applicability of this action to a
particular facility, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT Section.
---------------------------------------------------------------------------

    \1\ EPA will not be implementing 40 CFR part 98, subpart JJ due
to a Congressional restriction prohibiting the expenditure of funds
for this purpose. As a result, 40 CFR part 98, subpart JJ is not
included in the scope of this notice.
---------------------------------------------------------------------------

I. Background

    On October 30, 2009, EPA published the Mandatory GHG Reporting Rule
for collecting information regarding GHGs from a broad range of
industry sectors (74 FR 56260). Under 40 CFR part 98 of the GHG
Reporting Rule (hereinafter referred to as ``Part 98'') and its
subsequent amendments, EPA will collect data from certain facilities
and suppliers above specified thresholds. The data to be reported
consists of GHG emissions information as well as other data, including
information necessary to characterize, quantify, and verify the
reported emissions. In the preamble to Part 98, we stated, ``Through a
notice and comment process, we will establish those data elements that
are `emissions data' and therefore [under CAA section 114(c)] will not
be afforded the protections of CBI. As part of that exercise, in
response to requests provided in comments, we may identify classes of
information that are not emissions data, and are CBI.'' (74 FR 56287,
October 30, 2009).
    On July 7, 2010, EPA proposed confidentiality determinations for
Part 98 data elements and proposed amending EPA's regulation for
handling confidential business information to add specific procedures
for the treatment of Part 98 data (75 FR 39094; hereinafter referred to
as the ``July 7, 2010 CBI proposal''). The July 7, 2010 CBI proposal
proposed confidentiality statuses for the data elements for subparts
included in the 2009 final Part 98 rule (see 74 FR 56260, October 30,
2009), four subparts finalized in July 2010 (see 75 FR 39736, July 12,
2010), and seven new subparts that had been proposed but not yet
finalized as of July 2010 (see 75 FR 18576, 75 FR 18608, and 75 FR
18652, April 12, 2010). The July 7, 2010 CBI proposal also covered
proposed changes to the reporting requirements for some of the 2009
final Part 98 subparts. These changes were proposed in two separate
rulemakings (see 75 FR 18455, April, 12, 2010; and 75 FR 33950, June
15, 2010).
    On August 11, 2010, EPA published a proposed amendment to Part 98
to change the description of some reported data elements and require
reporting of some new data elements (75 FR 48744; hereinafter referred
to as the ``August 11, 2010 revisions proposal''). EPA concurrently
issued a supplemental CBI proposal that proposed confidentiality
determinations for the new and revised data elements included in the
August 11, 2010 revisions notice (75 FR 43889, July 27, 2010;
hereinafter referred to as the ``July 27, 2010 supplemental CBI
proposal'').
    As described in detail in the CBI proposals identified above, EPA
grouped Part 98 data into 22 data categories (11 direct emitter data
categories and 11 supplier data categories), with each of the
categories containing data elements that are similar in type or
characteristics. EPA then proposed confidentiality determinations for
each category, with a few exceptions that are not relevant to today's
proposed action. Consistent with EPA's long-standing interpretation,
EPA proposed that data elements in the inputs to emission equations
data category meet the definition of emission data under 40 CFR
2.301(a)(2)(i) and therefore, under CAA section 114(c), could not be
held as confidential once they were reported to EPA.

    EPA received numerous public comments on the July 7, 2010 CBI
proposal and the July 27, 2010 supplemental CBI proposal. Though we are
still in the process of considering these comments, we plan to complete
our consideration of these comments and issue final confidentiality
determinations for the Part 98 data elements that are not inputs to
emission equations, which constitute approximately 75 percent of the
data elements, in a separate final action. However, as explained in
more detail in Section III of this preamble, EPA received comments that
raise concerns regarding the public availability of data in the inputs
to emission equations category. EPA has determined that these concerns
warrant in-depth evaluation of the potential impact from the release of
inputs to emission equations, as well as collection and review of
additional information, that cannot be completed before the March 31,
2011 reporting deadline. EPA is therefore proposing to defer the
reporting of inputs to equations to afford EPA additional time to
complete this evaluation and take appropriate final actions regarding
inputs to equations before these data elements are reported to EPA and
potentially become subject to release.
    Concurrent with this proposal, EPA has promulgated an interim final
rule that defers the initial March 31, 2011 reporting date for inputs
to emission equations to August 31, 2011 to give EPA time to promulgate
this deferral through notice and comment. (See Section III of the
preamble to the interim final rule for further justification.) EPA is
also concurrently publishing a call for information, entitled
``Information on Inputs to Emission Equations under the Mandatory
Reporting of Greenhouse Gases Rule,'' to collect additional information
that will assist EPA with the evaluation described above. Further
information regarding that notice is found in Section II of this
preamble.

II. Summary of the Proposed Amendment and Request for Comments

A. Facilities Affected

    This proposed action would affect only facilities that directly
emit GHGs and are subject to Part 98. It would not affect suppliers of
fuels or industrial gases. Specifically, the amendment would apply to
facilities that are subject to the source category-specific reporting
requirements in 40 CFR part 98, subparts C through JJ \2\ and subparts
RR,\3\ SS, and TT, including any subparts that EPA finalizes in future
actions. The list of affected source categories is provided in Table 2
of this preamble.\4\
---------------------------------------------------------------------------

    \2\ EPA will not be implementing 40 CFR part 98, subpart JJ due
to a Congressional restriction prohibiting the expenditure of funds
for this purpose. As a result, 40 CFR part 98, subpart JJ is not
included in the scope of this notice.
    \3\ For subpart RR, the data elements covered by this action
include only certain data elements related to GHG emissions.
    \4\ Certain source categories were revised in an action signed
on November 24, 2010, which is available on our Web site, http://www.epa.gov/climatechange/emissions/technical-corrections.html#revisions.

           Table 2--Source Categories Covered by This Proposal
------------------------------------------------------------------------
                                                        Federal Register
        Source category         40 CFR Part 98 Subpart       notice
------------------------------------------------------------------------
General Stationary Fuel         C.....................  74 FR 56260,
 Combustion Sources.                                     Revised 11-24-
                                                         2010.
Electricity Generation........  D.....................  74 FR 56260,
                                                         Revised 11-24-
                                                         2010.
Adipic Acid Production........  E.....................  74 FR 56260, 75
                                                         FR 66434.
Aluminum Production...........  F.....................  74 FR 56260,
                                                         Revised 11-24-
                                                         2010.
Ammonia Manufacturing.........  G.....................  74 FR 56260,
                                                         Revised 11-24-
                                                         2010.
Cement Production.............  H.....................  74 FR 56260, 75
                                                         FR 66434.
Electronics Manufacturing.....  I.....................  75 FR 74774.
Ferroalloy Production.........  K.....................  74 FR 56260, 75
                                                         FR 66434.
Fluorinated Gas Production....  L.....................  75 FR 74774.
Glass Production..............  N.....................  74 FR 56260, 75
                                                         FR 66434.
HCFC-22 Production and HFC-23   O.....................  74 FR 56260, 75
 Destruction.                                            FR 66434.
Hydrogen Production...........  P.....................  74 FR 56260, 75
                                                         FR 66434,
                                                         Revised 11-24-
                                                         2010.
Iron and Steel Production.....  Q.....................  74 FR 56260, 75
                                                         FR 66434.
Lead Production...............  R.....................  74 FR 56260.
Lime Manufacturing............  S.....................  74 FR 56260, 75
                                                         FR 66434.
Magnesium Production..........  T.....................  75 FR 39736.
Miscellaneous Uses of           U.....................  74 FR 56260.
 Carbonate.
Nitric Acid Production........  V.....................  74 FR 56260, 75
                                                         FR 66434,
                                                         Revised 11-24-
                                                         2010.
Petroleum and Natural Gas       W.....................  75 FR 74458.
 Systems.
Petrochemical Production......  X.....................  74 FR 56260,
                                                         Revised 11-24-
                                                         2010.
Petroleum Refineries..........  Y.....................  74 FR 56260,
                                                         Revised 11-24-
                                                         2010.
Phosphoric Acid Production....  Z.....................  74 FR 56260, 75
                                                         FR 66434.
Pulp and Paper Manufacturing..  AA....................  74 FR 56260,
                                                         Revised 11-24-
                                                         2010.
Silicon Carbide Production....  BB....................  74 FR 56260.
Soda Ash Manufacturing........  CC....................  74 FR 56260, 75
                                                         FR 66434.
Electrical Transmission and     DD....................  75 FR 74774.
 Distribution Equipment Use.
Titanium Dioxide Production...  EE....................  74 FR 56260, 75
                                                         FR 66434.
Underground Coal Mines........  FF....................  75 FR 39736.
Zinc Production...............  GG....................  74 FR 56260, 75
                                                         FR 66434.
Municipal Solid Waste           HH....................  74 FR 56260, 75
 Landfills.                                              FR 66434.
Industrial Wastewater           II....................  75 FR 39736.
 Treatment.
Subpart RR--Geologic            RR....................  74 FR 56260.
 Sequestration of Carbon
 Dioxide.
Subpart SS--Electrical          SS....................  75 FR 74774.
 Equipment Manufacture or
 Refurbishment.
Subpart TT--Industrial Waste    TT....................  75 FR 39736.
 Landfills.
------------------------------------------------------------------------

B. Proposed Amendment

    EPA proposes to add additional data elements to Table A-6 at 40 CFR
part 98. Table A-6 was added by the concurrent interim final rule and
specifies the data elements that have a deferred reporting date. The
Table A-6 added by the interim final rule only includes data elements
with an initial reporting year of 2010 and original initial reporting
date of March 31, 2011. This action proposes to add the remaining data
elements that are inputs to emission equations.\5\ In addition, under
the annual reporting requirement at 40 CFR 98.3(c), EPA proposes to
amend 40 CFR 98.3(c)(4)(vii) (also added by the concurrent interim
final rule) to defer the reporting date for data elements listed in
Table A-6 until March 31, 2014.\6\ This proposed action would not
change any other requirements of Part 98, including the requirement
that these data elements be retained as records in a form that is
suitable for expeditious inspection and review (required for all part
98 records by 40 CFR 98.3(g)).
---------------------------------------------------------------------------

    \5\ The list of inputs to equations is slightly different than
what was proposed in the July 7, 2010 CBI proposal. Reporting
elements included in this category are values used by reporters to
calculate equation outputs.
    \6\ This proposal also provides the public an opportunity to
comment on the Table A-6 and paragraph 40 CFR 98.3(c)(4)(vii) added
in the interim final rule.
---------------------------------------------------------------------------

C. Request for Comments

    This notice proposes to defer until March 31, 2014, the requirement
to report inputs to emission equations for calendar years through 2012.
Accordingly, comments on this action should be limited to the proposed
deferral of the reporting requirements for these data elements. There
will be separate notice and comment opportunities to address other
issues, as described below.

III. Rationale for the Proposed Amendment

    In the July 7, 2010, CBI proposal, EPA proposed that data elements
in the inputs to emission equations data category meet the definition
of emission data under 40 CFR 2.301(a)(2)(i), consistent with our long-
standing interpretation, and therefore, under CAA section 114(c), could
not be held as confidential once they were reported to EPA. EPA
received many comments in response and considers some of these comments
to warrant further consideration before EPA issues final
confidentiality determinations for data elements that are inputs to
emission equations for direct emitters. This process requires
additional time, necessitating this proposed deferral. Although we are
not responding to public comments on the July 7, 2010 CBI proposal in
this action, we are presenting some comments that illustrate the need
to defer reporting of inputs to equations in order to allow EPA time to
further consider the issues raised by these comments.
    EPA received comments that raise serious concerns regarding the
public availability of data in the inputs to emission equations
category. Almost all commenters from industry wrote that some or all
inputs to emission equations (which include product compositions, raw
materials used, fuel types and quantities, production volumes, and
other process-specific information) are considered trade secrets or
otherwise sensitive business information, and that making those inputs
publicly available would cause them serious competitive harm. Some
commenters expressed concern that public disclosure of production
volumes and process-specific information could give competitors insight
into sensitive operational limits and process capabilities. The
commenters explained that, combined with other publicly available
information, this information could give competitors details concerning
business positions or vulnerabilities that could be used to a
reporter's disadvantage. Some commenters stated that disclosure of the
type, composition, and relative proportions of raw materials used would
reveal the specific formula used to manufacture their products. Others
expressed concern that product composition data reveal information
about their products' performance characteristics. Some stated that
public availability of information about the types and quantities of
fuels consumed would reveal sensitive details about individual
production processes' energy usage and could be used to estimate
relative production costs.
    Several Part 98 reporters commented that, had they known that EPA
would later propose that inputs to emission equations qualify as
emission data that must be made available to the public under CAA
section 114(c), they would have commented more critically and more
extensively on Part 98 equations when they were proposed in 2009 and
might have suggested or agreed to alternatives such as third-party
audits or installation of continuous emission monitoring systems
(CEMS). Several reporters wrote that they would have installed CEMS or
otherwise changed their compliance approaches. Commenters further noted
that, for some subparts, Part 98 allows monitoring emissions with CEMS
as an alternative to calculation with emission equations but that, by
the time EPA proposed CBI determinations in July 2010, reporters no
longer could install CEMS for 2010. As a result, commenters stated,
these reporters were locked into using the emission equations for 2010
reporting if that was the methodology they had chosen. They argued that
possible public availability of potentially sensitive inputs for
calculation of 2010 emissions should not be based on a reporter's
decision not to install CEMS for 2010 when this decision was made prior
to and without knowledge of the July 7, 2010 CBI proposal.
    EPA has reviewed these comments and has concluded that some of the
concerns warrant more extensive evaluation of potential impacts from
the public availability of inputs to equations. EPA notes, however,
that many of the potential problems commenters described are general in
nature and likely to apply to some but not all inputs to emission
equations or industrial sectors. For example, multiple industries
consider raw material quantities and compositions to be trade secrets,
but municipal landfill data are generally available in public records.
Because many comments raised serious concerns without sufficient
specificity for EPA to fully evaluate and address them, we are
concurrently issuing a call for information that solicits additional
information including:
     Identification of which specific data elements used as
inputs to emission equations the commenter considers sensitive business
information and specifically how disclosure would cause competitive
harm.
     Identification of which data elements that are inputs to
emission equations are already publicly available or discernable from
other publicly available data.
    We also are soliciting suggestions regarding possible changes to
Part 98, including:
     Identification of additional calculation methods that
would adequately calculate GHG emissions without using the specific
inputs that the commenter considers to be sensitive.
     Identification of additional data verification methods
that could be used if EPA does not collect the specific data elements
that commenters consider to be sensitive.
    The call for information includes further details on the specific
types of information requested and instructions for submitting
information and comments.

    Once EPA receives the additional requested information, we will be
able to fully evaluate which, if any, inputs to equations could result
in the harmful consequences described by the July 7, 2010 CBI proposal
commenters if made available to the public. For any inputs, the release
of which EPA determines could result in the business harms alleged by
commenters, EPA would evaluate whether emissions can be calculated or
verified using additional methodologies, consistent with the
transparency and accuracy goals of Part 98, without EPA collecting
these inputs. Should EPA identify any such additional methodologies,
EPA may propose to amend Part 98 to allow these additional emission
measurement or calculation approaches. If additional approaches to
calculate or verify emissions are viable, EPA may determine that it is
not necessary to collect certain highly sensitive inputs and propose to
amend Part 98 accordingly. As previously stated in the July 7, 2010 CBI
proposal preamble, however, EPA is committed to transparency as well as
accuracy in the GHG Reporting Program. We consider transparency
important because it promotes public confidence in the data and enables
the public, industry, advocacy groups, and other stakeholders to better
understand the sources of GHG emissions and the factors that affect the
quantities of GHGs emitted. Therefore, any additional approach we adopt
would be based on a well-balanced consideration of both the importance
of protecting certain highly sensitive data and our commitment to the
GHG Reporting Program's transparency and accuracy. Should EPA decide
that it is necessary to amend Part 98 as a result of this evaluation,
we would promulgate any such amendment through a notice and comment
process.
    As noted above, EPA needs time to collect information, conduct
extensive evaluations, and take final actions regarding inputs to
equations, which EPA cannot complete before the current reporting
deadlines. To give EPA time to complete these important tasks before
these data elements are reported and potentially subject to release,
EPA is issuing this proposed rule to defer until March 31, 2014, the
deadline for reporting of data elements that are inputs to emission
equations. As noted above, EPA is concurrently issuing an interim final
rule that defers the reporting deadline for these data elements until
August 31, 2011 to allow us to undertake this notice and comment
process before inputs to emission equations must be reported to EPA.
    EPA is not revisiting our decision to require self-certification
with EPA emissions verification. We plan to verify the data and to
ensure that accurate data is available to the public, including for the
years in which inputs are temporarily not collected. EPA outlined in
the preamble to Part 98 (74 FR 56260) the reasons for selecting our
verification approach, and these reasons remain relevant and
compelling. In the final Part 98, we determined that EPA verification
allows EPA to implement an efficient two-step process of (1) a
centralized, automated electronic review and (2) direct follow-up with
facilities, including conducting on-site audits when potential errors,
discrepancies, or questions arise from the electronic review results.
    During the deferral, EPA plans to follow this two-step process with
some modifications. Neither the short-term deferral put in place by the
concurrent interim final rule nor the longer-term deferral proposed in
this action affects supplier source categories, so neither action will
affect the verification process for supplier data. For the direct
emitter source categories, EPA recognizes that, during the deferral
period, we will receive fewer data upon which to conduct electronic
verification. As a result, EPA temporarily will place additional
emphasis on the second step of the process, direct follow-up with
facilities. Increased emphasis on direct follow-up with facilities will
allow EPA to compensate for the reduced amount of electronic
verification that can be conducted during this temporary period.
    Although we will not be collecting the equation inputs during the
deferral period, we will nonetheless still be collecting several
different types of data that will be used for verification. These data
include the calculation methodologies used, specific test methods that
were used to determine equation inputs, an indication of whether
missing data procedures were used, and various operating
characteristics such as plant and equipment capacities and production
rates. These data will be used in the electronic verification process.
EPA is confident that electronic verification coupled with more robust
direct follow-up will achieve verification for this three year period.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and 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 the Executive Order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
This proposed amendment would allow facilities to keep certain data
elements as records rather than report them in their annual GHG reports
during the deferral period, so it would not increase the reporting
burden. However, OMB has previously approved the information collection
requirements contained in the regulations promulgated on October 30,
2009, under 40 CFR part 98, under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control
number 2060-0629. EPA has also submitted the Information Collection
Request requirements for four additional Part 98 subparts promulgated
on July 12, 2010 to OMB for approval (see 75 FR 39756). The OMB control
numbers for EPA's regulations in 40 CFR are listed at 40 CFR part 9.

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 this proposed rule on
small entities, ``small entity'' is defined as: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of this proposed rule
amendment on small entities, I certify that this action will not have a
significant economic impact on a

substantial number of small entities. The proposed rule amendment will
not impose any new requirement on small entities that are not currently
required by Part 98.
    EPA took several steps to reduce the impact of Part 98 on small
entities. For example, EPA determined appropriate thresholds that
reduced the number of small businesses reporting. In addition, EPA did
not require facilities to install CEMS if they did not already have
them. Facilities without CEMS can calculate emissions using readily
available data or data that are less expensive to collect such as
process data or material consumption data. For some source categories,
EPA developed tiered methods that are simpler and less burdensome.
Also, EPA required annual instead of more frequent reporting. Finally,
EPA continues to conduct significant outreach on the mandatory GHG
reporting rule and maintains an ``open door'' policy for stakeholders
to help inform EPA's understanding of key issues for the regulated
industries.
    We continue to be interested in the potential impacts of the
proposed rule amendment on small entities and welcome comments on
issues related to such effects.

D. Unfunded Mandates Reform Act (UMRA)

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538, requires Federal agencies, unless otherwise
prohibited by law, to assess the effects of their regulatory actions on
State, local, and Tribal governments and the private sector. Federal
agencies must also develop a plan to provide notice to small
governments that might be significantly or uniquely affected by any
regulatory requirements. The plan must enable officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates and must inform, educate, and advise small
governments on compliance with the regulatory requirements.
    The proposed amendment to 40 CFR part 98 does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and Tribal governments, in the aggregate, or the private
sector in any one year. The proposed amendment would allow certain data
elements to be retained as records rather than reported, so it does not
increase the costs for facilities to comply with Part 98. Thus, the
proposed amendment is not subject to the requirements of sections 202
or 205 of UMRA.
    In developing Part 98, EPA consulted with small governments
pursuant to a plan established under section 203 of UMRA to address
impacts of regulatory requirements in the rule that might significantly
or uniquely affect small governments. For a summary of EPA's
consultations with State and/or local officials or other
representatives of State and/or local governments in developing Part
98, see Section VIII.D of the preamble to the final rule (74 FR 56370,
October 30, 2009).

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. However, for a more detailed
discussion about how Part 98 relates to existing State programs, please
see Section II of the preamble to the final rule (74 FR 56266, October
30, 2009).
    This proposed amendment applies to facilities that directly emit
greenhouses gases. It does not apply to government entities unless a
government entity owns a facility that directly emits greenhouse gases
above threshold levels (such as a landfill), so relatively few
government facilities would be affected. This regulation also does not
limit the power of States or localities to collect GHG data and/or
regulate GHG emissions. Thus, Executive Order 13132 does not apply to
this action.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed action
from State and local officials. For a summary of EPA's consultation
with State and local organizations and representatives in developing
Part 98, see Section VIII.E of the preamble to the final rule (74 FR
56371, October 30, 2009).

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

    This action does not have Tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). The proposed
rule amendment would not result in any changes to the requirements of
Part 98 other than allowing facilities to keep certain data elements as
records rather than report them in their annual GHG reports through
2012. Thus, Executive Order 13175 does not apply to this action. For a
summary of EPA's consultations with Tribal governments and
representatives, see section VIII.F of the preamble to the final rule
(74 FR 56371, October 30, 2009). EPA specifically solicits additional
comment on this proposed action from Tribal officials.

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

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

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

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113 (15 U.S.C. 272 note) directs
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 EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable voluntary consensus standards.
    The proposed rule amendment does not involve technical standards.
Therefore, 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.
    EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The proposed amendment addresses only reporting and
recordkeeping procedures.

List of Subjects in 40 CFR Part 98

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

    Dated: December 17, 2010.
Lisa P. Jackson,
Administrator.

    For the reasons set out in the preamble, title 40, Chapter I, of
the Code of Federal Regulations is proposed to be amended as follows:

PART 98--[AMENDED]

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

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

Subpart A--[Amended]

    2. Section 98.3 is amended by revising paragraph (c)(4)(vii) 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 2012 until March 31, 2014.
* * * * *
    3. Revise Table A-6 to subpart A to read as follows:

------------------------------------------------------------------------
                                              Specific data elements for
                                                which reporting date is
                  Rule citation (40 CFR part    changed (``All'' means
     Subpart                  98)              that the date is changed
                                               for all data elements in
                                                 the cited paragraph)
------------------------------------------------------------------------
A...............  98.3(d)(3)(v).............  All.
C...............  98.36(b)(9)(iii)..........  Only estimate of the heat
                                               input.
C...............  98.36(c)(2)(ix)...........  Only estimate of the heat
                                               input from each type of
                                               fuel listed in Table C-2.
C...............  98.36(d)(1)(iv)...........  All.
C...............  98.36(d)(2)(ii)(G)........  All.
C...............  98.36(d)(2)(iii)(G).......  All.
C...............  98.36(e)(2)(i)............  All.
C...............  98.36(e)(2)(ii)(A)........  All.
C...............  98.36(e)(2)(ii)(C)........  Only HHV value for each
                                               calendar month in which
                                               HHV determination is
                                               required.
C...............  98.36(e)(2)(ii)(D)........  All.
C...............  98.36(e)(2)(iv)(A)........  All.
C...............  98.36(e)(2)(iv)(C)........  All.
C...............  98.36(e)(2)(iv)(F)........  All.
C...............  98.36(e)(2)(iv)(G)........  All.
C...............  98.36(e)(2)(vi)(C)........  Only stack gas flow rate
                                               and moisture content.
C...............  98.36(e)(2)(viii)(A)......  All.
C...............  98.36(e)(2)(viii)(B)......  All.
C...............  98.36(e)(2)(viii)(C)......  All.
C...............  98.36(e)(2)(ix)(D)........  All.
C...............  98.36(e)(2)(ix)(E)........  All.
C...............  98.36(e)(2)(ix)(F)........  All.
C...............  98.36(e)(2)(x)(A).........  All.
C...............  98.36(e)(2)(xi)...........  All.
E...............  98.56(b)..................  All.
E...............  98.56(c)..................  All.
E...............  98.56(g)..................  All.
E...............  98.56(h)..................  All.
E...............  98.56(j)(1)...............  All.
E...............  98.56(j)(3)...............  All.
E...............  98.56(j)(4)...............  All.
E...............  98.56(j)(5)...............  All.
E...............  98.56(j)(6)...............  All.
E...............  98.56(l)..................  All.
F...............  98.66(a)..................  All.
F...............  98.66(c)(2)...............  All.
F...............  98.66(c)(3)...............  Only smelter-specific
                                               slope coefficients and
                                               overvoltage emission
                                               factors.
F...............  98.66(e)(1)...............  Only annual anode
                                               consumption (No CEMS).
F...............  98.66(f)(1)...............  Only annual paste
                                               consumption (No CEMS).
F...............  98.66(g)..................  All.
G...............  98.76(b)(2)...............  All.
G...............  98.76(b)(7)...............  All.
G...............  98.76(b)(8)...............  All.
G...............  98.76(b)(9)...............  All.
G...............  98.76(b)(10)..............  All.
G...............  98.76(b)(11)..............  All.
H...............  98.86(b)(2)...............  All.
H...............  98.86(b)(5)...............  All.

H...............  98.86(b)(6)...............  All.
H...............  98.86(b)(8)...............  All.
H...............  98.86(b)(10)..............  All.
H...............  98.86(b)(11)..............  All.
H...............  98.86(b)(12)..............  All.
H...............  98.86(b)(13)..............  All.
H...............  98.86(b)(15)..............  Only monthly kiln-specific
                                               clinker factors (if used)
                                               for each kiln.
I...............  98.96(f)(1)...............  All.
I...............  98.96(g)..................  Only annual consumption of
                                               the gas.
I...............  98.96(h)..................  All.
I...............  98.96(i)..................  All.
I...............  98.96(j)..................  All.
I...............  98.96(k)..................  All.
I...............  98.96(l)..................  All.
I...............  98.96(n)..................  All.
I...............  98.96(o)..................  Only inputs and
                                               calculations used to
                                               determine the inputs for
                                               Equation I-14.
I...............  98.96(q)(1)...............  Only inputs and results of
                                               calculations made
                                               accounting for the uptime
                                               of abatement systems used
                                               during the reporting
                                               year.
I...............  98.96(q)(3)...............  All.
I...............  98.96(q)(5)(iv)...........  Only inputs used to
                                               calculate the class
                                               average.
I...............  98.96(r)..................  All.
I...............  98.96(s)..................  Only estimates of inputs
                                               into the heat transfer
                                               fluid mass balance
                                               equation.
K...............  98.116(b).................  Only annual production by
                                               product from each EAF (No
                                               CEMS).
K...............  98.116(e)(4)..............  All.
K...............  98.116(e)(5)..............  All.
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)(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(f)(1)..............  All.
L...............  98.126(g)(1)..............  All.
L...............  98.126(h)(2)..............  All.
N...............  98.146(b)(2)..............  Only annual quantity of
                                               carbonate based-raw
                                               material charged to each
                                               continuous glass melting
                                               furnace.
N...............  98.146(b)(4)..............  All.
N...............  98.146(b)(6)..............  All.
O...............  98.156(a)(2)..............  All.
O...............  98.156(a)(7)..............  All.
O...............  98.156(a)(8)..............  All.
O...............  98.156(a)(9)..............  All.
O...............  98.156(a)(10).............  All.
O...............  98.156(b)(1)..............  All.
O...............  98.156(b)(2)..............  All.
O...............  98.156(d)(1)..............  All.
O...............  98.156(d)(2)..............  All.
O...............  98.156(d)(3)..............  All.
O...............  98.156(d)(4)..............  All.
O...............  98.156(d)(5)..............  All.
O...............  98.156(e)(1)..............  All.
P...............  98.166(b)(2)..............  All.
P...............  98.166(b)(5)..............  All.
P...............  98.166(b)(6)..............  All.
Q...............  98.176(b).................  Only annual quantity
                                               taconite pellets, coke,
                                               iron, and raw steel (No
                                               CEMS).

Q...............  98.176(e)(1)..............  All.
Q...............  98.176(e)(3)..............  All.
Q...............  98.176(e)(4)..............  All.
Q...............  98.176(f)(1)..............  All.
Q...............  98.176(f)(2)..............  All.
Q...............  98.176(f)(3)..............  All.
Q...............  98.176(f)(4)..............  All.
Q...............  98.176(g).................  All.
R...............  98.186(b)(6)..............  All.
R...............  98.186(b)(7)..............  All.
S...............  98.196(b)(2)..............  All.
S...............  98.196(b)(3)..............  All.
S...............  98.196(b)(5)..............  All.
S...............  98.196(b)(6)..............  All.
S...............  98.196(b)(8)..............  All.
S...............  98.196(b)(10).............  All.
S...............  98.196(b)(11).............  All.
S...............  98.196(b)(12).............  All.
U...............  98.216(b).................  All.
U...............  98.216(e)(1)..............  All.
U...............  98.216(e)(2)..............  All.
V...............  98.226(c).................  All.
V...............  98.226(d).................  All.
V...............  98.226(i).................  All.
V...............  98.226(j).................  All.
V...............  98.226(m)(1)..............  All.
V...............  98.226(m)(3)..............  All.
V...............  98.226(m)(4)..............  All.
V...............  98.226(m)(5)..............  All.
V...............  98.226(m)(6)..............  All.
V...............  98.226(p).................  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)..........  All.
W...............  98.236(c)(3)(iii).........  All.
W...............  98.236(c)(4)(i)(A)........  All.
W...............  98.236(c)(4)(i)(B)........  All.
W...............  98.236(c)(4)(i)(C)........  All.
W...............  98.236(c)(4)(i)(D)........  All.
W...............  98.236(c)(4)(i)(E)........  All.
W...............  98.236(c)(4)(i)(F)........  All.
W...............  98.236(c)(4)(i)(G)........  All.
W...............  98.236(c)(4)(i)(H)........  All.
W...............  98.236(c)(4)(ii)(A).......  All.
W...............  98.236(c)(5)(iii).........  All.
W...............  98.236(c)(5)(iv)..........  All.
W...............  98.236(c)(5)(v)...........  All.
W...............  98.236(c)(6)(i)(B)........  All.
W...............  98.236(c)(6)(i)(D)........  All.
W...............  98.236(c)(6)(i)(E)........  All.
W...............  98.236(c)(6)(i)(F)........  All.
W...............  98.236(c)(6)(ii)(B).......  All.
W...............  98.236(c)(6)(ii)(C).......  All.
W...............  98.236(c)(7)(i)...........  All.
W...............  98.236(c)(8)(i)...........  All.
W...............  98.236(c)(8)(ii)(A).......  All.
W...............  98.236(c)(8)(ii)(B).......  All.
W...............  98.236(c)(8)(ii)(C).......  All.
W...............  98.236(c)(8)(ii)(D).......  All.
W...............  98.236(c)(8)(ii)(E).......  All.
W...............  98.236(c)(8)(ii)(F).......  All.
W...............  98.236(c)(8)(iii)(A)......  All.
W...............  98.236(c)(8)(iii)(B)......  All.
W...............  98.236(c)(8)(iii)(C)......  All.
W...............  98.236(c)(8)(iii)(D)......  All.
W...............  98.236(c)(8)(iii)(E)......  All.
W...............  98.236(c)(10)(ii).........  All.
W...............  98.236(c)(10)(iii)........  All.
W...............  98.236(c)(11)(ii).........  All.

W...............  98.236(c)(12)(ii).........  All.
W...............  98.236(c)(12)(iii)........  All.
W...............  98.236(c)(12)(v)..........  All.
W...............  98.236(c)(13)(i)(B).......  All.
W...............  98.236(c)(13)(i)(E).......  All.
W...............  98.236(c)(13)(i)(F).......  All.
W...............  98.236(c)(13)(ii)(A)......  All.
W...............  98.236(c)(13)(ii)(B)......  All.
W...............  98.236(c)(13)(iii)(A).....  All.
W...............  98.236(c)(13)(iii)(B).....  All.
W...............  98.236(c)(13)(v)(A).......  All.
W...............  98.236(c)(14)(i)(B).......  All.
W...............  98.236(c)(14)(ii)(A)......  All.
W...............  98.236(c)(14)(ii)(B)......  All.
W...............  98.236(c)(14)(iii)(A).....  All.
W...............  98.236(c)(14)(iii)(B).....  All.
W...............  98.236(c)(14)(iv)(A)......  All.
W...............  98.236(c)(14)(iv)(B)......  All.
W...............  98.236(c)(15)(i)(A).......  All.
W...............  98.236(c)(15)(i)(B).......  All.
W...............  98.236(c)(15)(ii).........  All.
W...............  98.236(c)(16)(i)..........  All.
W...............  98.236(c)(16)(ii).........  All.
W...............  98.236(c)(16)(iii)........  All.
W...............  98.236(c)(16)(iv).........  All.
W...............  98.236(c)(16)(v)..........  All.
W...............  98.236(c)(16)(vi).........  All.
W...............  98.236(c)(16)(vii)........  All.
W...............  98.236(c)(16)(viii).......  All.
W...............  98.236(c)(16)(ix).........  All.
W...............  98.236(c)(16)(x)..........  All.
W...............  98.236(c)(16)(xi).........  All.
W...............  98.236(c)(16)(xii)........  All.
W...............  98.236(c)(16)(xiii).......  All.
W...............  98.236(c)(16)(xiv)........  All.
W...............  98.236(c)(17)(ii).........  All.
W...............  98.236(c)(17)(iii)........  All.
W...............  98.236(c)(17)(iv).........  All.
W...............  98.236(c)(17)(v)..........  All.
W...............  98.236(c)(18)(i)..........  All.
W...............  98.236(c)(18)(ii).........  All.
W...............  98.236(c)(19)(iv).........  All.
W...............  98.236(c)(19)(vii)........  All.
W...............  98.236(d).................  All.
X...............  98.246(a)(4)..............  Only monthly volume
                                               values, monthly mass
                                               values, monthly carbon
                                               content values, molecular
                                               weights for gaseous
                                               feedstocks, molecular
                                               weights for gaseous
                                               products, and indication
                                               of whether the
                                               alternative method in
                                               Sec.   98.243(c)(4) was
                                               used.
X...............  98.246(b)(5)(iii).........  All.
X...............  98.246(b)(5)(iv)..........  All.
Y...............  98.256(e)(6)..............  Only molar volume
                                               conversion factor for
                                               each flare.
Y...............  98.256(e)(7)..............  Only molar volume
                                               conversion factor for
                                               each flare.
Y...............  98.256(e)(7)(ii)..........  All.
Y...............  98.256(e)(9)..............  Only annual volume of
                                               flare gas combusted,
                                               annual average higher
                                               heating value of the
                                               flare gas, volume of gas
                                               flared, average molecular
                                               weight, carbon content of
                                               the flare, and molar
                                               volume conversion factor
                                               if using Eq. Y-3.
Y...............  98.256(e)(10).............  Only fraction of carbon in
                                               the flare gas contributed
                                               by methane.
Y...............  98.256(f)(7)..............  Only molar volume
                                               conversion factor.
Y...............  98.256(f)(10).............  Only coke burn-off factor,
                                               annual throughput of
                                               unit, and average carbon
                                               content of coke.
Y...............  98.256(f)(11).............  Only units of measure for
                                               the unit-specific CH4
                                               emission factor, activity
                                               data for calculating
                                               emissions, and unit-
                                               specific emission factor
                                               for CH4.
Y...............  98.256(f)(12).............  Only unit-specific
                                               emission factor for N2O,
                                               units of measure for the
                                               unit-specific N2O
                                               emission factor, and
                                               activity data for
                                               calculating emissions.
Y...............  98.256(f)(13).............  Only average coke burn-off
                                               quantity per cycle or
                                               measurement period, and
                                               average carbon content of
                                               coke.
Y...............  98.256(h)(4)..............  All.
Y...............  98.256(h)(5)..............  Only value of the
                                               correction, annual volume
                                               of recycled tail gas, and
                                               annual average mole
                                               fraction of carbon in the
                                               tail gas (if used to
                                               calculate recycling
                                               correction factor).

Y...............  98.256(i)(5)..............  Only annual mass of green
                                               coke fed, carbon content
                                               of green coke fed, annual
                                               mass of marketable coke
                                               produced, carbon content
                                               of marketable coke
                                               produced, and annual mass
                                               of coke dust removed from
                                               the process.
Y...............  98.256(i)(7)..............  Only the unit-specific CH4
                                               emission factor, units of
                                               measure for unit-specific
                                               CH4 emission factor, and
                                               activity data for
                                               calculating emissions.
Y...............  98.256(i)(8)..............  Only units of measure for
                                               the unit-specific factor,
                                               activity data used for
                                               calculating emissions,
                                               and site-specific
                                               emissions factor.
Y...............  98.256(j)(2)..............  All.
Y...............  98.256(j)(5)..............  Only CO2 emission factor.
Y...............  98.256(j)(6)..............  Only CH4 emission factor.
Y...............  98.256(j)(7)..............  Only carbon emission
                                               factor.
Y...............  98.256(j)(8)..............  Only CO2 emission factor
                                               and carbon emission
                                               factor.
Y...............  98.256(j)(9)..............  Only CH4 emission factor.
Y...............  98.256(k)(3)..............  Only dimensions of coke
                                               drum or vessel, typical
                                               gauge pressure of the
                                               coking drum, typical void
                                               fraction of coke drum or
                                               vessel, annual number of
                                               coke-cutting cycles of
                                               coke drum or vessel, and
                                               molar volume conversion
                                               factor for each coke drum
                                               or vessel.
Y...............  98.256(k)(4)..............  Only height and diameter
                                               of the coke drums,
                                               cumulative number of
                                               vessel openings for all
                                               delayed coking drums,
                                               typical venting pressure,
                                               void fraction, mole
                                               fraction of methane in
                                               coking gas.
Y...............  98.256(l)(5)..............  Only molar volume
                                               conversion factor.
Y...............  98.256(m)(3)..............  Only total quantity of
                                               crude oil plus the
                                               quantity of intermediate
                                               products received from
                                               off-site, CH4 emission
                                               factor used, and molar
                                               volume conversion factor.
Y...............  98.256(n)(3)..............  All (if used in Equation Y-
                                               21 to calculate emissions
                                               from equipment leaks).
Y...............  98.256(o)(2)(ii)..........  All.
Y...............  98.256(o)(4)(ii)..........  All.
Y...............  98.256(o)(4)(iii).........  All.
Y...............  98.256(o)(4)(iv)..........  All.
Y...............  98.256(o)(4)(v)...........  All.
Y...............  98.256(o)(4)(vi)..........  Only tank-specific methane
                                               composition data and gas
                                               generation rate data.
Y...............  98.256(p)(2)..............  Only quantity of materials
                                               loaded that have an
                                               equilibrium vapor-phase
                                               concentration of CH4 of
                                               0.5 volume percent or
                                               greater.
Z...............  98.266(f)(5)..............  All.
Z...............  98.266(f)(6)..............  All.
AA..............  98.276(b).................  All.
AA..............  98.276(c).................  Only annual mass of the
                                               spent liquor solids
                                               combusted.
AA..............  98.276(d).................  All.
AA..............  98.276(e).................  All.
AA..............  98.276(f).................  All.
AA..............  98.276(g).................  All.
AA..............  98.276(h).................  All.
AA..............  98.276(i).................  All.
BB..............  98.286(b)(1)..............  All.
BB..............  98.286(b)(4)..............  All.
BB..............  98.286(b)(6)..............  All.
CC..............  98.296(b)(5)..............  Only monthly consumption
                                               of trona or liquid
                                               alkaline feedstock (for
                                               facilities using Equation
                                               CC-1).
CC..............  98.296(b)(6)..............  Only monthly production of
                                               soda ash for each
                                               manufacturing line (for
                                               facilities using Equation
                                               CC-2).
CC..............  98.296(b)(7)..............  All.
CC..............  98.296(b)(10)(i)..........  All.
CC..............  98.296(b)(10)(ii).........  All.
CC..............  98.296(b)(10)(iii)........  All.
CC..............  98.296(b)(10)(iv).........  All.
CC..............  98.296(b)(10)(v)..........  All.
CC..............  98.296(b)(10)(vi).........  All.
CC..............  98.296(b)(10)(vii)........  All.
DD..............  98.306(a)(2)..............  All.
DD..............  98.306(a)(3)..............  All.
DD..............  98.306(d).................  All.
DD..............  98.306(e).................  All.
DD..............  98.306(f).................  All.
DD..............  98.306(g).................  All.
DD..............  98.306(h).................  All.
DD..............  98.306(i).................  All.

DD..............  98.306(j).................  All.
DD..............  98.306(k).................  All.
DD..............  98.306(l).................  All.
EE..............  98.316(b)(6)..............  All.
EE..............  98.316(b)(9)..............  All.
FF..............  98.326(a).................  All.
FF..............  98.326(b).................  All.
FF..............  98.326(c).................  All.
FF..............  98.326(f).................  Only quarterly volumetric
                                               flow rate.
FF..............  98.326(g).................  Only quarterly CH4
                                               concentration.
FF..............  98.326(h).................  Only weekly volumetric
                                               flow used to calculate
                                               CH4 liberated from
                                               degasification systems.
FF..............  98.326(j).................  All.
FF..............  98.326(k).................  All.
FF..............  98.326(l).................  All.
FF..............  98.326(o).................  All.
FF..............  98.326(p).................  Only assumed destruction
                                               efficiency for the
                                               primary destruction
                                               device and assumed
                                               destruction efficiency
                                               for the backup
                                               destruction device.
GG..............  98.336(b)(6)..............  All.
GG..............  98.336(b)(7)..............  All.
GG..............  98.336(b)(10).............  All.
HH..............  98.346(a).................  Only year in which
                                               landfill first accepted
                                               waste, last year the
                                               landfill accepted waste,
                                               capacity of the landfill,
                                               and waste disposal
                                               quantity for each year of
                                               landfilling.
HH..............  98.346(b).................  Only quantity of waste
                                               determined using the
                                               methods in Sec.
                                               98.343(a)(3)(i), quantity
                                               of waste determined using
                                               the methods in Sec.
                                               98.343(a)(3)(ii),
                                               population served by the
                                               landfill for each year,
                                               and the value of landfill
                                               capacity (LFC) used in
                                               the calculation.
HH..............  98.346(c).................  All.
HH..............  98.346(d)(1)..............  Only degradable organic
                                               carbon (DOC) value,
                                               methane correction factor
                                               (MCF) values, and
                                               fraction of DOC
                                               dissimilated (DOCF)
                                               values.
HH..............  98.346(d)(2)..............  All.
HH..............  98.346(e).................  Only fraction of CH4 in
                                               landfill gas.
HH..............  98.346(f).................  Only surface area
                                               associated with each
                                               cover type.
HH..............  98.346(g).................  All.
HH..............  98.346(i)(5)..............  Only annual operating
                                               hours for the primary
                                               destruction device,
                                               annual operating hours
                                               for the backup
                                               destruction device,
                                               destruction efficiency
                                               for the primary
                                               destruction device, and
                                               destruction efficiency
                                               for the backup
                                               destruction device.
HH..............  98.346(i)(6)..............  All.
HH..............  98.346(i)(7)..............  Only surface area
                                               specified in Table HH-3,
                                               estimated gas collection
                                               system efficiency, and
                                               annual operating hours of
                                               the gas collection
                                               system.
HH..............  98.346(i)(9)..............  Only CH4 generation value.
II..............  98.356(b)(1)..............  All.
II..............  98.356(b)(2)..............  All.
II..............  98.356(b)(3)..............  All.
II..............  98.356(b)(4)..............  All.
II..............  98.356(b)(5)..............  All.
II..............  98.356(d)(1)..............  All.
II..............  98.356(d)(2)..............  All (if conducting weekly
                                               sampling).
II..............  98.356(d)(3)..............  All (if conducting weekly
                                               sampling).
II..............  98.356(d)(4)..............  Only weekly average
                                               temperature (if
                                               conducting weekly
                                               sampling).
II..............  98.356(d)(5)..............  Only weekly average
                                               moisture content (if
                                               conducting weekly
                                               sampling).
II..............  98.356(d)(6)..............  Only weekly average
                                               pressure (if conducting
                                               weekly sampling).
II..............  98.356(d)(7)..............  All.
II..............  98.356(d)(8)..............  Only annual operating
                                               hours for the primary
                                               destruction device,
                                               annual operating hours
                                               for the backup
                                               destruction device,
                                               destruction efficiency of
                                               the primary destruction
                                               device, and destruction
                                               efficiency of the backup
                                               destruction device.
SS..............  98.456(a).................  All.
SS..............  98.456(b).................  All.
SS..............  98.456(c).................  All.
SS..............  98.456(d).................  All.
SS..............  98.456(e).................  All.
SS..............  98.456(f).................  All.
SS..............  98.456(g).................  All.

SS..............  98.456(h).................  All.
SS..............  98.456(i).................  All.
SS..............  98.456(j).................  All.
SS..............  98.456(m).................  All.
SS..............  98.456(n).................  All.
SS..............  98.456(o).................  All.
SS..............  98.456(q).................  All.
SS..............  98.456(r).................  All.
SS..............  98.456(s).................  All.
SS..............  98.456(t).................  Only for any missing data
                                               the substitute parameters
                                               used to estimate
                                               emissions in their
                                               absence.
TT..............  98.466(a)(2)..............  All.
TT..............  98.466(c)(1)..............  All.
TT..............  98.466(c)(3)(i)...........  All.
TT..............  98.466(c)(3)(ii)..........  Only waste disposal
                                               quantity and production
                                               quantity.
TT..............  98.466(c)(3)(iii).........  All.
TT..............  98.466(c)(4)(i)...........  All.
TT..............  98.466(c)(4)(ii)..........  All.
TT..............  98.466(c)(4)(iii).........  All.
TT..............  98.466(d)(1)..............  All.
TT..............  98.466(d)(2)..............  Only degradable organic
                                               carbon (DOCX) value used
                                               in calculations.
TT..............  98.466(d)(3)..............  Only fraction of CH4 in
                                               landfill gas.
TT..............  98.466(f).................  All.
------------------------------------------------------------------------

[FR Doc. 2010-32447 Filed 12-23-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 16, 2009 (Volume 74, Number 135)]
[Proposed Rules]
[Page 34525]
[DOCID:fr16jy09-12]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52

[EPA-R06-OAR-2007-0905; FRL-8930-9]

Approval and Promulgation of Implementation Plans; Texas;
Revisions to General Air Quality Rules and the Mass Emissions Cap and
Trade Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to approve portions of one revision to the
Texas State Implementation Plan (SIP) submitted by the State of Texas
on August 16, 2007; these portions of the SIP revision proposed: Repeal
an unnecessary effective date in the Texas SIP under Title 30 in the
Texas Administrative Code (TAC), Chapter 101--General Air Quality
Rules, Subchapter A--General Rules; and make non-substantive changes in
the Texas SIP to the Mass Emissions Cap and Trade (MECT) Program under
30 TAC Chapter 101, Subchapter H--Emissions Banking and Trading,
Division 3. EPA has determined that these changes to the Texas SIP
comply with the Federal Clean Air Act (the Act or CAA) and EPA
regulations, are consistent with EPA policies, and will improve air
quality. This action is being taken under section 110 and parts C and D
of the Act.

DATES: Comments must be received on or before August 17, 2009.

ADDRESSES: Comments may be mailed to Mr. Jeff Robinson, Chief, Air
Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Comments may also be
submitted electronically or through hand delivery/courier by following
the detailed instructions in the ADDRESSES section of the direct final
rule located in the Rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning
today's proposal, please contact Ms. Adina Wiley (6PD-R), Air Permits
Section, Environmental Protection Agency, Region 6, 1445 Ross Avenue
(6PD-R), Suite 1200, Dallas, TX 75202-2733. The telephone number is
(214) 665-2115. Ms. Wiley can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no relevant adverse
comments. A detailed rationale for the approval is set forth in the
direct final rule. If no relevant adverse comments are received in
response to this action, no further activity is contemplated. If EPA
receives relevant adverse comments, the direct final rule will be
withdrawn and all public comments received will be addressed in a
subsequent final rule based on this proposed rule. EPA will not
institute a second comment period. Any parties interested in commenting
on this action should do so at this time. Please note that if EPA
receives adverse comment on an amendment, paragraph, or section of the
rule, and if that provision may be severed from the remainder of the
rule, EPA may adopt as final those provisions of the rule that are not
the subject of an adverse comment.
    For additional information, see the direct final rule which is
located in the Rules section of this Federal Register.

    Dated: July 6, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. E9-16865 Filed 7-15-09; 8:45 am]

BILLING CODE 6560-50-P