confidentiality determinations. However, for data elements proposed to
be assigned to a data category with a ``previously determined category-
based confidentiality determination,'' we referred the reader to the
supporting memorandum for the proposed confidentiality determinations:
``Proposed Data Category Assignments and Confidentiality Determinations
for Data Elements in the Proposed 2015 Revisions, available in Docket
Id. No. EPA-HQ-OAR-2015-0526.'' (81 FR 2575). In that memorandum, the
EPA identified the data categories and their established category-based
confidentiality determinations. The memorandum shows the proposed
categorical assignment for each of the data elements at issue. Using
this format, the EPA proposed confidentiality determinations for those
data elements proposed to be assigned to a data category with a
categorical determination. The EPA has previously used this format
(i.e., locating in a memorandum EPA's proposed confidentiality
determinations for data elements assigned to data categories with
categorical confidentiality determinations) to propose confidentiality
determinations in prior rulemakings, as in the November 29, 2013
revisions proposal (78 FR 71904). As in previous rulemakings that used
the same format, the EPA specifically requested comment on the proposed
category assignments and confidentiality determinations. In light of
the detailed information that the EPA provided in the proposed rule
regarding its approach for making confidentiality determinations and
the resulting determinations, the EPA disagrees with the comment that
the EPA failed to propose confidentiality determinations for the new
and substantially revised data elements assigned to data categories
with categorical confidentiality determinations. With respect to the
Administrative Procedure Act, the notice and opportunity for comment
described above are consistent with the rulemaking requirements of that
statute. This rule is promulgated pursuant to section 307(d) of the
Clean Air Act. The actions described above and the inclusion in the
docket of the supporting memorandum are consistent with the
requirements for proposed rules in section 307(d)(3) of the Clean Air
Act.
    Regarding the commenters' concern specifically about the EPA's
handling of new data elements in subpart O that the EPA proposed to be
CBI, the EPA is

finalizing the determinations as proposed, as the EPA did not receive
adverse comment on the proposed determinations. Regarding commenters'
concerns about the specific data elements in subpart CC (40 CFR
98.296(a)(1) and (b)(5)), the EPA is not finalizing the addition of
these data elements, as discussed in section III.P of this preamble.

B. Final Confidentiality Determinations for New or Substantially
Revised Data Reporting Elements

1. Summary of Final Confidentiality Determinations
    The EPA is finalizing the confidentiality determinations for new or
substantially revised data reporting elements as they were proposed for
all subparts except subparts A (General Provisions), I (Electronics
Manufacturing), S (Lime Manufacturing), X (Petrochemical Production),
CC (Soda Ash Manufacturing), DD (Electrical Transmission and
Distribution Equipment Use), FF (Underground Coal Mines), HH (Municipal
Solid Waste Landfills), and RR (Geologic Sequestration of Carbon
Dioxide). For all subparts except subparts A, I, S, X, CC, DD, FF, HH,
and RR, please refer to the preamble to the proposed rule (81 FR 2574;
January 15, 2016) for additional information regarding the proposed
confidentiality determinations.
    For subparts I, CC, DD, FF, HH, and RR, the EPA is not finalizing
the proposed confidentiality determinations for certain data elements
because the EPA is not finalizing the requirement to report these data
elements (see sections III.F, III.P, III.Q, III.R, III.S, and III.Y of
this preamble for additional information.) These data elements are:
     Three data elements under subpart I (proposed 40 CFR
98.96(y)(2)(iv): The film type being manufactured, substrate type, and
linewidth or technology node for any utilization, by-product formation
rate, and/or destruction or removal efficiency data submitted).
     Two data elements under subpart CC (proposed 98.296(a)(1)
and (b)(5): Annual consumption of trona or liquid alkaline feedstock).
     One data element under subpart DD (proposed 40 CFR
98.306(m): Total miles of transmission and distribution lines located
within each state or territory).
     One data element under subpart FF (proposed 40 CFR
98.326(u): Annual coal production).
     One data element under subpart HH (proposed 40 CFR
98.346(i)(7): An indication of whether the gas collection efficiency
was determined on an area-weighted average basis or a volume-weighted
average basis).
     One data element under RR (proposed 40 CFR 98.446(g):
Whether the CO2 stream is being injected in subsurface
geologic formations to enhance the recovery of oil or natural gas).
    The EPA is finalizing a confidentiality determination for one new
data element for subpart FF resulting from changes from the proposed
rule to this final rule. As discussed in section III.R of this
preamble, which describes revisions to subpart FF, in lieu of
eliminating the use of MSHA quarterly inspection reports as a source
for data for monitoring methane liberated from ventilation systems, we
are finalizing an amendment to 40 CFR 98.326(a) to require each mine
relying on data obtained from MSHA to include, as attachments to its
GHGRP report, the MSHA reports it relied upon to complete the GHGRP
report. Given that the MSHA reports are the basis of a calculation
method and will be used to determine whether a reporter selected the
correct inputs for a GHG emission calculation, we consider these
reports to be ``emissions data'' under 40 CFR 2.301(a)(2) because they
contain ``information necessary to determine * * * the amount'' of an
emission emitted by the source. We are therefore assigning this data
element to the Calculation Methodology and Methodological Tier Category
and apply the categorical determination of emissions data (not CBI) for
that data category to this final data element. As emission data, these
reports do not qualify for confidential treatment under section 114 of
the CAA. In any event, although MSHA does not publish these reports
directly, they have previously indicated that they do not consider the
reports to be sensitive and would likely release them in response to a
Freedom of Information Act (FOIA) request.\26\ Data from these reports
are also provided to the EPA for the U.S. Greenhouse Gas Inventory, and
are also published in part through reports produced by EPA's Coalbed
Methane Outreach Program.\27\ Further, the EPA has previously concluded
that there is no potential disclosure concern with respect to certain
data referenced in these reports.\28\ Those data are being reported
under 40 CFR 98.326(a), (f), and (g).
---------------------------------------------------------------------------

    \26\ See ``Summary of Evaluation of Greenhouse Gas Reporting
Program (GHGRP) Part 98 ``Inputs to Emission Equations'' Data
Elements Deferred Until 2013'' Memorandum, December 17, 2012.
Available in the docket for this rulemaking, Docket Id. No. EPA-HQ-
OAR-2015-0526.
    \27\ See, e.g., ``U.S. Underground Coal Mine Ventilation Air
Methane Exhaust Characterization'' (July 2010) and ``Identifying
Opportunities for Methane Recovery at U.S. Coal Mines: Profiles of
Selected Gassy Underground Coal Mines 2002-2006,'' available in the
docket for this rulemaking, Docket Id. No. EPA-HQ-OAR-2015-0526.
    \28\ See ``Summary of Evaluation of Greenhouse Gas Reporting
Program (GHGRP) Part 98 ``Inputs to Emission Equations'' Data
Elements Deferred Until 2013'' Memorandum, December 17, 2012.
Available in the docket for this rulemaking, Docket Id. No. EPA-HQ-
OAR-2015-0526.
---------------------------------------------------------------------------

    In addition to this new data element, there are 13 data elements in
subparts A, I, S, X, and DD that have been clarified or minimally
revised since proposal, although the same information will be
collected. These data elements and how they have been clarified in the
final rule are listed in the following table. Because the information
to be collected has not changed since proposal, we are finalizing the
proposed confidentiality determinations for these data elements as
proposed (see Table 6 of this preamble). For additional information on
the rationale for the confidentiality determinations for these data
elements, see the preamble to the proposed rule (81 FR 2574; January
15, 2016) and the memorandum ``Proposed Data Category Assignments and
Confidentiality Determinations for Data Elements in the Proposed 2015
Revisions'' in Docket Id. No. EPA-HQ-OAR-2015-0526. As discussed in
section IV.A of this preamble, the EPA applied the same approach
previously used for making confidentiality determinations for data
elements reported under the GHGRP by assigning data elements to an
appropriate data category and then assigning the previously determined
categorical confidentiality determination or making an individual case-
by-case determination if the data element was assigned to a category
for which no category-based determination was previously made.

   Table 6--Data Elements (With Technical or Clarifying Revisions Since Proposal, but No Change in Data To Be
                 Reported) and Their Final Category Assignment and Confidentiality Determination
----------------------------------------------------------------------------------------------------------------
                                         Final data  category
                                            assignment and            Data element             Data element
   Subpart  and citation  (40 CFR)         confidentiality          description, as          description, as
                                            determination               proposed                finalized
----------------------------------------------------------------------------------------------------------------
Subpart A (General Provisions):        Facility and Unit        If one or more           If one or more
 98.2(i)(3) (proposed); 98.2(i)(3)      Identifier Information   processes or             processes or
 (finalized).                           (categorical             operations at a          operations at a
                                        determination as         facility or supplier     facility or supplier
                                        established in 2011:     cease to operate, but    cease to operate, but
                                        Emission data).          not all applicable       not all applicable
                                                                 processes or             processes or
                                                                 operations cease to      operations cease to
                                                                 operate, a               operate, a
                                                                 notification to the      notification to the
                                                                 Administrator that       Administrator that
                                                                 announces the            announces the
                                                                 cessation of reporting   cessation of reporting
                                                                 for the process or       for the process or
                                                                 operation no later       operation no later
                                                                 than March 31 of the     than March 31
                                                                 year following such      following the first
                                                                 changes.                 reporting year in
                                                                                which the process or
                                                                                operation has ceased
                                                                                for an entire
                                                                                reporting year.
Subpart A (General Provisions):        Facility and Unit        If the operations of a   If the operations of a
 98.2(i)(5) (proposed); 98.2(i)(5)      Identifier Information   facility or supplier     facility or supplier
 (finalized).                           (categorical             are changed such that    are changed such that
                                        determination as         a process or operation   a process or operation
                                        established in 2011:     no longer meets the      no longer meets the
                                        Emission data).          ``Definition of Source   ``Definition of Source
                                                                 Category'' as            Category'' as
                                                                 specified in an          specified in an
                                                                 applicable subpart, a    applicable subpart and
                                                                 notification to the      the owner or operator
                                                                 Administrator that       discontinues complying
                                                                 announces the            with any such subpart
                                                                 cessation of reporting   for the reporting
                                                                 no later than March 31   years following the
                                                                 of the year following    year in which change
                                                                 such changes.            occurs, a notification
                                                                                to the Administrator
                                                                                that announces the
                                                                                cessation of reporting
                                                                                for the process or
                                                                                operation no later
                                                                                than March 31
                                                                                following the first
                                                                                reporting year in
                                                                                which such changes
                                                                                persist for an entire
                                                                                reporting year.
Subpart I (Electronics                 Emissions Data           The report must include  The report must include
 Manufacturing): 98.96(y)(2)(iv)        (categorical             the information          the information
 (proposed); 98.96(y)(2)(iv)            determination as         described in             described in
 (finalized).                           established in 2011:     paragraphs (y)(2)(i)     paragraphs (y)(2)(i)
                                        Emission data).          through (v) of this      through (v) of this
                                                                 section. (iv) . . .      section. (iv) . . .
                                                                 For any utilization,     For any utilization,
                                                                 by-product formation     by-product formation
                                                                 rate, and/or             rate, and/or
                                                                 destruction or removal   destruction or removal
                                                                 efficiency data          efficiency data
                                                                 submitted, the report    submitted, the report
                                                                 must describe, where     must include: The
                                                                 available, the:          methods used for the
                                                                 Methods used for the     measurements.
                                                                 measurements.
Subpart I (Electronics                 Unit/Process Static      The report must include  The report must include
 Manufacturing): 98.96(y)(2)(iv)        Characteristics That     the information          the information
 (proposed); 98.96(y)(2)(iv)            are Not Inputs to        described in             described in
 (finalized).                           Emission Equations;      paragraphs (y)(2)(i)     paragraphs (y)(2)(i)
                                        (categorical             through (v) of this      through (v) of this
                                        determination as         section. (iv) . . .      section. (iv) . . .
                                        established in 2011:     For any utilization,     For any utilization or
                                        Not emission data;       by-product formation     by-product formation
                                        case-by-case             rate, and/or             rate data submitted,
                                        determination: Not       destruction or removal   the report must
                                        CBI).                    efficiency data          include: The wafer
                                                                 submitted, the report    size.
                                                                 must describe, where
                                                                 available: The wafer
                                                                 size.
Subpart I (Electronics                 Emissions Data           The report must include  The report must include
 Manufacturing): 98.96(y)(2)(iv)        (categorical             the information          the information
 (proposed); 98.96(y)(2)(iv)            determination as         described in             described in
 (finalized).                           established in 2011:     paragraphs (y)(2)(i)     paragraphs (y)(2)(i)
                                        Emission data).          through (v) of this      through (v) of this
                                                                 section. (iv) . . .      section. (iv) . . .
                                                                 For any utilization,     For any utilization or
                                                                 by-product formation     by-product formation
                                                                 rate, and/or             rate data submitted,
                                                                 destruction or removal   the report must
                                                                 efficiency data          include: The process
                                                                 submitted, the report    type, process subtype
                                                                 must describe, where     for chamber clean
                                                                 available: The process   processes.
                                                                 type, process subtype   The report must include
                                                                 for chamber clean        the information
                                                                 processes.               described in
                                                                                paragraphs (y)(2)(i)
                                                                                through (v) of this
                                                                                section. (iv) . . .
                                                                                For any destruction or
                                                                                removal efficiency
                                                                                data submitted, the
                                                                                report must describe:
                                                                                The process type.
Subpart I (Electronics                 Emissions Data           The report must include  The report must include
 Manufacturing): 98.96(y)(2)(iv)        (categorical             the information          the information
 (proposed); 98.96(y)(2)(iv)            determination as         described in             described in
 (finalized).                           established in 2011:     paragraphs (y)(2)(i)     paragraphs (y)(2)(i)
                                        Emission data).          through (v) of this      through (v) of this
                                                                 section. (iv) . . .      section. (iv) . . .
                                                                 For any utilization,     For any utilization or
                                                                 by-product formation     by-product formation
                                                                 rate, and/or             rate, and/or
                                                                 destruction or removal   destruction or removal
                                                                 efficiency data          efficiency data
                                                                 submitted, the report    submitted, the report
                                                                 must describe, where     must include: The
                                                                 available: The input     input gases used and
                                                                 gases used and           measured.
                                                                 measured.
Subpart S (Lime Manufacturing):        Production/Throughput    Annual emission factors  Annual average emission
 98.196(b)(19).                         Data That are Not        for each lime product    factors for each lime
                                        Inputs to Emission       type produced.           product type produced.
                                        Equations (categorical
                                        determination as
                                        established in 2011:
                                        Not emission data but
                                        CBI).
Subpart S (Lime Manufacturing):        Production/Throughput    Annual emission factors  Annual average emission
 98.196(b)(20).                         Data That are Not        for each calcined        factors for each
                                        Inputs to Emission       byproduct/waste by       calcined byproduct/
                                        Equations (categorical   lime type that is sold.  waste by lime type
                                        determination as                                  that is sold.
                                        established in 2011:
                                        Not emission data but
                                        CBI).
Subpart X (Petrochemical Production):  Production/Throughput    If your petrochemical    If you are electing to
 98.246(a)(5) (proposed);               Data That are Not        process is an            consider the
 98.246(a)(5) (finalized).              Inputs to Emission       integrated ethylene      petrochemical process
                                        Equations (categorical   dichloride and vinyl     unit to be the entire
                                        determination as         chloride monomer         integrated ethylene
                                        established in 2011:     process, report either   dichloride/vinyl
                                        Not emission data but    the measured ethylene    chloride monomer
                                        CBI).                    dichloride production    process, report the
                                                                 (metric tons) or both    amount of intermediate
                                                                 the measured quantity    ethylene dichloride
                                                                 of vinyl chloride        produced (metric
                                                                 monomer production       tons). The reported
                                                                 (metric tons) and an     amount of intermediate
                                                                 estimate of the          EDC produced may be a
                                                                 ethylene dichloride      measured quantity or
                                                                 production (metric       an estimate that is
                                                                 tons).                   based on process
                                                                                knowledge and best
                                                                                available data.
Subpart X (Petrochemical Production):  Unit/Process Operating   Annual average of the    Annual average of the
 98.246(a)(14) (proposed);              Characteristics That     measurements of the      measurements or
 98.246(a)(14) (finalized).             are Not Inputs to        carbon content of each   determinations of the
                                        Emission Equations       feedstock and product.   carbon content of each
                                        (categorical             (i) For feedstocks and   feedstock and product
                                        determination as         products that are        conducted according to
                                        established in 2011:     gaseous or solid,        Sec.   98.243(c)(3) or
                                        Not emission data;       report this quantity     (c)(4). (i) For
                                        case-by-case             in kg carbon per kg of   feedstocks and
                                        determination: CBI).     feedstock or product.    products that are
                                                                 (ii) For liquid          gaseous or solid,
                                                                 feedstocks and           report this quantity
                                                                 products, report this    in kg C per kg of
                                                                 quantity either in       feedstock or product.
                                                                 units of kg carbon per   (ii) For liquid
                                                                 kg of feedstock or       feedstocks and
                                                                 production, or kg C      products, report this
                                                                 per gallon of            quantity either in
                                                                 feedstock or product.    units of kg C per kg
                                                                                of feedstock or
                                                                                product, or kg C per
                                                                                gallon of feedstock or
                                                                                product.

Subpart X (Petrochemical Production):  Unit/Process Operating   For each gaseous         For each gaseous
 98.246(a)(15) (proposed);              Characteristics That     feedstock and product,   feedstock and product,
 98.246(a)(15) (finalized).             are Not Inputs to        the annual average of    the annual average of
                                        Emission Equations;      the measurements of      the measurements or
                                        (categorical             molecular weight in      determinations of the
                                        determination as         units of kg per kg       molecular weight in
                                        established in 2011:     mole.                    units of kg per kg
                                        Not emission data;                                mole, conducted
                                        case-by-case                                      according to Sec.
                                        determination: CBI).                              98.243(c)(3) or
                                                                                (c)(4).
Subpart X (Petrochemical Production):  Production/Throughput    If your petrochemical    If you are electing to
 98.246(b)(8) (proposed);               Data That are Not        process is an            consider the
 98.246(b)(8) (finalized).              Inputs to Emission       integrated ethylene      petrochemical process
                                        Equations (categorical   dichloride and vinyl     unit to be the entire
                                        determination: Not       chloride monomer         integrated ethylene
                                        emission data but CBI).  process, report either   dichloride/vinyl
                                                                 the measured ethylene    chloride monomer
                                                                 dichloride production    process, report the
                                                                 (metric tons) or both    amount of ethylene
                                                                 the measured quantity    dichloride produced
                                                                 of vinyl chloride        (metric tons). The
                                                                 monomer production       reported amount of
                                                                 (metric tons) and an     intermediate EDC
                                                                 estimate of the          produced may be a
                                                                 ethylene dichloride      measured quantity or
                                                                 product (metric tons).   an estimate that is
                                                                                based on process
                                                                                knowledge and best
                                                                                available data.
Subpart DD (Electrical Transmission    ``Unit/Process `Static'  The following numbers    The number of SF6- or
 and Distribution Equipment Use):       Characteristics that     of pieces of             PFC-containing pieces
 98.306(n) (proposed); 98.306(n)        Are Not Inputs to        equipment: (1) New       of equipment in each
 (finalized).                           Emission Equations''     hermetically sealed-     of the following
                                        Direct Emitter Data      pressure switchgear      equipment categories:
                                        Category (categorical    during the year. (2)     (1) New hermetically
                                        determination as         New SF6- or PFC-         sealed-pressure
                                        established in 2011:     insulated equipment      switchgear during the
                                        Not emission data;       other than               year. (2) New
                                        case-by-case             hermetically sealed-     equipment other than
                                        determination: Not       pressure switchgear      hermetically sealed-
                                        CBI).                    during the year. (3)     pressure switchgear
                                                                 Retired hermetically     during the year. (3)
                                                                 sealed-pressure          Retired hermetically
                                                                 switchgear during the    sealed-pressure
                                                                 year. (4) Retired SF6-   switchgear during the
                                                                 or PFC-insulated         year. (4) Retired
                                                                 equipment other than     equipment other than
                                                                 hermetically sealed-     hermetically sealed-
                                                                 pressure switchgear      pressure switchgear
                                                                 during the year.         during the year.
----------------------------------------------------------------------------------------------------------------

    For all other confidentially determinations for the new or
substantially revised data reporting elements for these subparts, the
EPA is finalizing the confidentiality determinations as they were
proposed. Please refer to the preamble to the proposed rule (81 FR
2574; January 15, 2016) for additional information regarding these
confidentiality determinations.
2. Response to Public Comments on Proposed Confidentiality
Determinations
    The EPA received several comments related to the proposed
confidentiality determinations for new or substantially revised data
elements. The EPA received only supportive comments on the proposed
confidentiality determinations for all data elements except certain
data elements in subparts I, V, and DD as described in this section.
These supportive comments may be found in the EPA's comment response
document in Docket Id. No. EPA-HQ-OAR-2015-0526.
    For subparts I, V, and DD, we received comments questioning the
proposed confidentiality determination of certain new and substantially
revised data elements in subparts I, V, and DD, including requests that
the data elements be treated as confidential. For the reasons described
in section III.F of this preamble, we are not finalizing three data
elements proposed to be included in the Triennial Report under subpart
I (40 CFR 98.96(y)(2)(iv): Film type being manufactured, substrate
type, and linewidth or technology node) where commenters questioned the
proposed confidentiality determination. As such, we are not finalizing
category assignments or confidentiality determinations for these data
elements.
    For subparts V and DD, summaries of the commenters' concerns and
the EPA's responses thereto are provided below. Additional comments and
the EPA's responses may be found in the comment response document noted
above.
    Comment: One commenter opposed the proposed confidentiality
determination of ``Not CBI'' for the date of abatement technology
installation in 40 CFR 98.226(h) and requested that this data element
be considered CBI.
    Response: The EPA disagrees that the reported date of abatement
technology installation should be treated as CBI. The commenter failed
to provide any justification for their contention that this data
element should be treated as CBI. As discussed in the preamble to the
proposed amendments (81 FR 2594; January 15, 2016), the EPA requested
that commenters disagreeing with EPA's ``Not CBI'' determination
indicate why the data element is entitled to confidential treatment
under the provisions in 40 CFR 2.208. Specifically, the EPA requested
that commenters specify how the public release of the data element
would or would not cause a competitive disadvantage to a reporter and
how this data element may be different from or similar to data that are
already publicly available. If the commenter was making the argument
that competitors could use the particular data element to discern
sensitive information, the EPA requested that the commenter describe
the pathway by which this could occur and explain how the discerned
information would negatively affect a reporter's competitive position,
as well as describe any unique process or aspect of a facility that
would be revealed if the new or revised data element were made publicly
available. If the commenter was making the argument that the data
element would cause harm only when used in combination with other
publicly available data, the EPA requested that the commenter describe
the other data, identify the public source(s) of these data, explain
how the combination of data could be used to cause competitive harm,
and describe the measures currently taken to keep the data
confidential. As noted above, the commenter failed to provide any such
rationale. Based on our evaluation of this new data element, we see no
reason why the date of installation would be considered proprietary
information. The GHGRP Web site already publicly releases the number
and type of abatement technologies used by reporters under 40 CFR part
98, subpart V (see https://ghgdata.epa.gov/ghgp/service/facilityDetail/2014?id=1002830&ds=E&et=undefined&popup=true). As stated in the
preamble to the proposed rule (81 FR 2577; January 15, 2016), the date
of installation does not

provide insight into current production rates, raw material
consumption, or other information that competitors could use to discern
market share and other sensitive information. Further, information
regarding the date of installation of abatement devices constitutes
general information that is already available to the public through
other sources (e.g., construction permits). For the reasons stated
above, the EPA is finalizing its confidentiality determinations for 40
CFR 98.226(h) as proposed.
    Comment: One commenter contended that EPA should change its
proposed confidentiality determination for the proposed subpart DD
reporting requirements because detailed equipment counts, equipment
types, and linked geographical data will relay company-specific
information that may jeopardize competitive advantage in the industry.
The commenter requested that the requirements for reporters to
distinguish between hermetically sealed-pressure equipment and other
SF6-containing equipment be considered CBI.
    Response: We are finalizing as proposed our determination of ``Not
CBI'' for the new subpart DD reporting elements. Among these new
elements are the numbers of SF6- or PFC-containing pieces of
equipment in each of the following categories: (i) New hermetically
sealed-pressure switchgear during the year; (ii) new equipment other
than hermetically sealed-pressure switchgear during the year; (iii)
retired hermetically sealed-pressure switchgear during the year; and
(iv) retired equipment other than hermetically sealed-pressure
switchgear during the year. While the commenter asserts that publishing
these data elements ``will relay company-specific information that may
jeopardize competitive advantage in the industry,'' the commenter does
not provide any explanation of or support for this assertion. Thus, we
conclude, as stated in the preamble to the proposed rule (81 FR 2578),
that DD reporters are ``are public or publicly-regulated utilities that
are not affected by competitive market conditions that may apply to
other industries'' and that ``these [required] data elements do not
disclose any information about a manufacturing process or operating
conditions that would be proprietary.'' Moreover, even if ``detailed
equipment counts [and] equipment types'' posed disclosure concerns, we
note that these new requirements are only for facilities to report the
numbers of pieces of equipment that are new or retired during the year
by one of two broad equipment types, not for facilities to report
detailed inventories of the numbers of pieces and types of equipment in
use. Regarding the commenter's statement that the equipment counts
would be linked to geographical data, we did not propose that
facilities report the counts of new and retiring equipment by state,
but that facilities report their miles of transmission and distribution
lines by state. As discussed in section III.Q of this preamble, we are
requiring in the final rule that facilities report only the states in
which they lie.

C. Final Confidentiality Determinations for Other Part 98 Data
Reporting Elements for Which No Determination Has Been Previously
Established

1. Summary of Final CBI Determinations
    The EPA is finalizing all confidentiality determinations for other
Part 98 data reporting elements for which no determination has been
previously established as they were proposed, except confidentiality
determinations that were proposed for subpart PP (40 CFR 98.426(h)(1)
through (3)) and subpart RR (40 CFR 98.446(a)(1), 40 CFR
98.446(a)(2)(i) through (iii), 40 CFR 98.446(a)(3)(i) through (iii), 40
CFR 98.446(b)(1) through (4), 40 CFR 98.446(c), and 40 CFR
98.446(f)(4)(i) through (iv)). Please refer to the preamble to the
proposed rule (81 FR 2574, January 15, 2016) for additional information
regarding the proposed confidentiality determinations.
    The EPA is not finalizing confidentiality determinations that were
proposed for subpart PP or subpart RR because we do not have sufficient
information at this time to make categorical determinations. Currently,
these subpart PP requirements potentially affect few facilities;
however, there is the potential for growth in the number of affected
facilities in the future. The EPA is therefore not finalizing
categorical confidentiality determinations at this time for these
subpart PP data elements in order to allow the agency to consider the
potentially broader group of affected facilities likely to exist in the
future. Further, because these subpart PP data elements are related to
the subpart RR data elements, the EPA is also not finalizing
confidentiality determinations for these subpart RR data elements at
this time.
2. Response to Comments on Proposed Confidentiality Determinations
    The EPA received several comments related to the proposed
confidentiality determinations for the other Part 98 data reporting
elements for which no determination has been previously established.
The EPA received only supportive or minor comments on the proposed
confidentiality determinations for all data elements except 40 CFR
98.426(h)(3), and is finalizing the confidentiality determinations as
proposed. These comments may be found in the EPA's comment response
document in Docket Id. No. EPA-HQ-OAR-2015-0526.
    For 40 CFR 98.426(h)(3), a summary of this comment and EPA's
response thereto is provided below.
    Comment: The EPA received comments both supporting and opposing the
``Not CBI'' determination for the subpart PP data element that requires
reporting of the amount of CO2 captured from an electric
generating unit and delivered to a facility reporting under subpart RR.
The commenters opposing the ``Not CBI'' determination asserted that the
quantity of CO2 transferred by the EGU and the quantity of
CO2 received at the ER facility are essentially the same,
and that publication of the quantity of CO2 transferred by
the EGU would likely cause significant competitive harm, resulting in
unwillingness on the part of the ER industry to purchase such
CO2. They recommended that, analogous to subpart RR, EPA add
a data element to subpart PP that distinguishes between ER and non-ER
sites and treat that data element consistently with ER facility CBI
determinations in subparts RR and UU. One commenter supported the
proposed ``Not CBI'' determination for the amount of CO2
transferred to a subpart RR facility, but recommended that the EPA
balance the needs of industry and the need for public confidence in the
ability of ER to sequester CO2.
    Response: After careful consideration of public comment, the EPA is
not finalizing categorical confidentiality determinations for this
subpart PP data element. We do not have sufficient information at this
time to make categorical determinations. Currently, these requirements
potentially affect few facilities; however, there is the potential for
growth in the number of affected facilities in the future. The EPA is
therefore not finalizing categorical confidentiality determinations at
this time in order to allow the Agency to consider the potentially
broader group of affected facilities likely to exist in the future.
    The commenters requested that EPA add a data reporting element to
subpart PP that distinguishes between CO2 being sent to ER
and non-ER subpart RR facilities. The purpose of the

commenter's request was linked to the development of a categorical
confidentiality determination for 40 CFR 98.426(h)(3). Because the EPA
is not finalizing categorical confidentiality determinations at this
time for 40 CFR 98.426(h)(3), the EPA is not finalizing the commenters'
request to add a data reporting element to subpart PP.

V. Impacts of the Final Amendments

    This section of the preamble examines the costs and economic
impacts of the final rule and the estimated economic impacts of the
rule on affected entities.
    The revisions in this final rule are anticipated to increase burden
in cases where the amendments expand the applicability or reporting
requirements of Part 98, and are anticipated to decrease burden in
cases where the amendments streamline Part 98 to remove notification or
reporting requirements or simplify the data that must be reported. Most
subparts include revisions that will result in some increase in burden,
as well as revisions that will result in some decrease in burden. As
discussed in the preamble to the proposed rule, in several cases the
final rule amendments are anticipated to result in a decrease in
burden, but we were unable to quantify this decrease. Therefore, the
impacts for the final rule generally reflect an increase in burden for
most subparts.
    The EPA received several comments on the proposed revisions and the
impacts of the proposed rule. As a result of these comments, the EPA
has, in some cases, revised the final rule requirements and updated the
impacts analysis to reflect these changes. For some subparts, we are
not finalizing revisions to monitoring or reporting requirements that
would have required reporters to collect or submit additional data. For
example, for subpart I (Electronics Manufacturing) reporters, as
discussed in section III.F of this preamble, we are revising the
information required to be collected as part of the triennial report in
this final rule and not finalizing the collection of certain proposed
data. Similarly, the EPA is not finalizing certain data elements that
were proposed to be added to subparts CC (Soda Ash Manufacturing), DD
(Electrical Transmission and Distribution Equipment Use), HH (Municipal
Solid Waste Landfills), and RR (Geologic Sequestration of Carbon
Dioxide). For subpart FF (Underground Coal Mines) reporters, we are not
finalizing revisions that would have eliminated the use of MSHA
quarterly inspection reports to be used as a source of data for
monitoring methane liberated from ventilation systems, and we are not
finalizing revisions that would have required reporters to report coal
production data. Therefore, the final burden for these subparts has
been revised to reflect only those requirements that are being
finalized, and is significantly lower than proposed.
    In other cases, the EPA has adjusted the burden of the final rule
to better reflect the costs associated with the final revisions. For
example, for subpart C (General Stationary Combustion), we have revised
the burden estimate for the reporting of the cumulative maximum rated
heat input capacity for all units within the GP or CP configuration
that have a maximum rated heat input capacity greater than or equal to
10 (mmBtu/hr). As discussed in section III.B of this preamble, the EPA
agrees with commenters that the burden provided in the proposed rule
for these data elements was understated. The revised burden estimate
reflects additional time and labor that may be required to collect the
maximum rated heat input capacity for multiple units and to aggregate
these capacities, and therefore reflects an overall increase in burden
for subpart C reporters. Additional information on these estimates may
be found in section V.A of this preamble.
    As discussed in section I.E of this preamble, we are implementing
the final revisions in stages for the 2016, 2017, and 2018 RY reports
in order to stagger the implementation of these changes over time and
provide time for needed software revisions. The burden has been
determined based on when the revisions would be implemented. One-time
implementation costs will accrue for certain revisions to applicability
and reporting provisions that will apply in RY2017 and RY2018;
therefore, we have estimated costs through RY2019 to reflect the
subsequent year costs incurred by industry. The incremental
implementation costs for all subparts for each reporting year are
summarized in Table 7 of this preamble. The estimated incremental
burden is $636,124 ($2014) for all proposed revisions affecting RY2016
through RY2018, including $5,268 from revisions that apply to RY2016
reports, $407,268 from revisions that apply to RY2017 reports, and
$223,588 from revisions that apply to RY2018 reports. The estimated
annual burden is $189,150 ($2014) per year following implementation of
all changes. The incremental burden by subpart is shown in Table 8 of
this preamble. One-time implementation costs are incorporated into
first year costs, while subsequent year costs represent the annual
burden that will be incurred in total by all affected reporters.

                            Table 7--Incremental Burden for Reporting Years 2016-2019
                                                  [$2014/year]
----------------------------------------------------------------------------------------------------------------
                  Cost summary                        RY2016          RY2017          RY2018          RY2019
----------------------------------------------------------------------------------------------------------------
First Year Costs................................      \a\ $5,268        $402,789    \b\ $129,397  ..............
----------------------------------------------------------------------------------------------------------------
                           Subsequent Year Annual Costs for Revisions Implemented in:
----------------------------------------------------------------------------------------------------------------
2016............................................  ..............           4,479           4,479       \a\ 5,268
2017............................................  ..............  ..............          89,712          89,712
2018............................................  ..............  ..............  ..............          94,959
                                                 ---------------------------------------------------------------
    Total Costs by Year (all subparts)..........           5,268         407,268         223,588     \a\ 189,939
----------------------------------------------------------------------------------------------------------------
\a\ Includes additional labor costs of $789 for reporting data elements for subpart I for a triennial report
  submitted once every three years. Total Costs by Year for RY2019 are based on all subsequent year costs
  ($189,150) plus these additional labor costs for subpart I.
\b\ Includes one-time implementation costs for new reporters under subparts V and OO.

                                                         Table 8--Incremental Burden by Subpart
                                                                         [$2014]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Costs for additional reporters      Costs for revisions to                Total cost
                                                         --------------------------------            reporting           -------------------------------
                         Subpart                                                         --------------------------------
                                                            First-Year      Subsequent-                     Subsequent-     First-Year      Subsequent-
                                                                               Year         First-Year         Year                            Year
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Revisions Reflected Starting in RY2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
A \a\...................................................              $0              $0            $606            $606            $606            $606
I \b\...................................................               0               0             789               0             789               0
HH......................................................               0               0           3,872           3,872           3,872           3,872
                                                         -----------------------------------------------------------------------------------------------
    Total Costs for Revisions Implemented in RY2016.....  ..............  ..............  ..............  ..............           5,268           4,479
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Revisions Reflected Starting in RY2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
A \a\...................................................               0               0           4,179           4,179           4,179           4,179
C.......................................................               0               0         387,587          74,511         387,587          74,511
E.......................................................               0               0              11              11              11              11
F.......................................................               0               0              66              66              66              66
G.......................................................               0               0             252             252             252             252
N \c\...................................................               0               0               0               0               0               0
O.......................................................               0               0             117             117             117             117
Q \c\...................................................               0               0             460             460             460             460
S.......................................................               0               0             833             833             833             833
U\c\....................................................               0               0               0               0               0               0
X.......................................................               0               0           1,403           1,403           1,403           1,403
Z.......................................................               0               0              44              44              44              44
AA\c\...................................................               0               0               0               0               0               0
CC\c\...................................................               0               0               0               0               0               0
DD......................................................               0               0           1,038           1,038           1,038           1,038
FF......................................................               0               0           2,265           2,265           2,265           2,265
II......................................................               0               0           2,722           2,722           2,722           2,722
LL\d\...................................................               0               0             -18             -18             -18             -18
MM\c\...................................................               0               0               0               0               0               0
NN......................................................               0               0           1,830           1,830           1,830           1,830
PP \c\..................................................               0               0               0               0               0               0
TT \c\..................................................               0               0               0               0               0               0
UU \c\..................................................               0               0               0               0               0               0
                                                         -----------------------------------------------------------------------------------------------
    Total Costs for Revisions Implemented in RY2017.....  ..............  ..............  ..............  ..............         402,789          89,712
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Revisions Reflected Starting in RY2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
P \c\...................................................               0               0               0               0               0               0
V.......................................................          88,583          63,509             135             135          88,718          63,644
Y.......................................................               0               0           1,534           1,534           1,534           1,534
OO......................................................          38,502          29,138             643             643          39,145          29,781
                                                         -----------------------------------------------------------------------------------------------
        Total Costs for Revisions Implemented in RY2018.  ..............  ..............  ..............  ..............         129,397          94,959
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Total...............................................         127,085          92,646         410,369          96,503         537,454         189,150
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Costs for subpart A for RY2016 reflect revisions to 40 CFR 98.2(i)(3) and (5) related to notifying the Administrator the facility or supplier will
  cease reporting. All other costs for subpart A are reflected in revisions starting in RY2017.
\b\ Costs for subpart I include new data elements related to the triennial technology report required by 40 CFR 98.96(y). The first report must be
  submitted with RY2016 reports on March 31, 2017 and every three years thereafter. Subpart I reporters will subsequently incur these costs ($789) every
  three years. For the purposes of estimating burden, the annual costs associated with the data elements were included in the total incremental
  estimates for RY2016 and RY2019 (see Table 7 of this preamble) and not for RY2017 or RY2018, and are not reflected in the total subsequent year costs.
\c\ The final changes to this subpart include only minor revisions, clarifications, and corrections that have no impact on the burden to reporters.
\d\ This entry is a negative value because certain reporting requirements were removed from subpart LL and no new reporting requirements were added for
  the subpart, resulting in a net cost savings for this source category.

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

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

    The estimated incremental change in burden from the final
amendments to Part 98 include burden associated with: (1) Revisions to
the reporting requirements by adding, revising, or removing existing
reporting requirements (20 subparts); and (2) revisions to the
applicability of subparts such that additional facilities would be
required to report under Part 98 (subparts V and OO).
1. Burden Associated With the Revision of Reporting Requirements
    The final rule includes amendments that add reporting requirements
or revise existing reporting requirements to

collect more detailed facility data. The final amendments collectively
add or revise data elements in 20 subparts of part 98, including 92
data elements that were not previously required to be collected. The
collection of these new and revised data elements does not add new
monitoring requirements, and does not substantially affect the type of
information that must be collected. For all of these additional data
elements, the EPA has estimated a nominal additional cost to report the
data element and fulfill the recordkeeping requirements. The final
amendments will also remove 18 data elements in subparts O, Y, DD, HH,
and LL. For these data elements, the EPA has estimated a nominal
reduction in cost, since reporters would no longer be required to
report the data element.
    All costs to the regulated industry resulting from revisions to the
reporting requirements for the GHGRP are annual labor costs (i.e., the
cost of labor by facility staff to meet the rule's information
collection requirements). For each subpart, the EPA determined the
incremental change in annual hourly labor estimates by multiplying the
number of data elements that were added, revised, or removed in each
subpart by the number of hours required to review each data element and
the number of affected reporters for each subpart. Where data elements
were removed in subparts O, Y, DD, HH, and LL, a reduction in the
annual hourly labor estimate was assumed. Labor costs were applied to
the total annual hour estimates for each labor category to obtain the
total costs for each subpart.
    The EPA is revising the burden associated with the reporting of one
new data element for subpart C reporters in this final rule. As
discussed in section III.B of this preamble, for emissions reported
using the aggregation of units (GP) and common pipe (CP)
configurations, the EPA is finalizing as proposed requirements under 40
CFR 98.36(c)(1)(iii) and 40 CFR 98.36(c)(3)(ii) to report the
cumulative maximum rated heat input capacity for all units (within each
configuration) that have a maximum rated heat input capacity greater
than or equal to 10 (mmBtu/hr). However, several commenters disagreed
with our assessment that the burden associated with this data element
was minimal. Commenters urged that collection of this data element
could be burdensome to reporters from a time, resources, and cost
perspective given the number of units, noting that this data element
would need to be reassessed and updated annually for accuracy. After
further consideration, we have adjusted the annual hourly labor
estimate associated with the reporting of this data element to include
the additional time needed to determine the units included under each
configuration and to aggregate the maximum rated heat input capacities
for all units greater than 10 (mmBtu/hr). To adjust the burden, the EPA
multiplied the revised annual hourly labor estimate by the number of
affected reporters anticipated. The EPA determined that an increase in
the estimated associated burden is reasonable because the reporting of
this data element requires the collection and aggregation of data from
multiple units included in the configuration. After the first year of
reporting, a reporter would only be anticipated to update the data
element to adjust the units included under a GP or CP configuration to
reflect facility changes. Therefore, the annual hourly labor estimates
for this data element reflect first- and subsequent-year costs.
    In this final rule, the anticipated incremental cost associated
with the addition, revision, and removal of reporting requirements from
all subparts is $5,268 for RY2016, $402,789 for RY2017, and $2,313 for
RY2018. The estimated annual burden from these reporting revisions is
$96,503 per year following implementation of all revisions. The total
annual burden for each subpart is assumed to be equal for the first and
subsequent years, with the exception of subparts C and I. For subpart
C, the estimated incremental cost associated with reporting the new,
revised, and removed data elements includes additional burden and costs
($313,077) for certain subpart C reporters for the initial collection
and aggregation of data for the reporting of the cumulative maximum
rated heat input capacity for units included in a GP or CP
configuration (40 CFR 98.36(c)(1)(iii) or 40 CFR 98.36(c)(3)(ii)),
which is anticipated to affect 3,597 reporters. This additional burden
applies to RY2017 only; for all subsequent years, the burden for these
data elements is anticipated at $74,511. For subpart I, the new data
elements in the final rule pertain to the triennial technology report
required under 40 CFR 98.96(y), which must first be submitted with
RY2016 reports on or before March 31, 2017 and every three years
thereafter. For the purposes of estimating burden, the annual costs
associated with these data elements ($789) were applied to RY2016 only.
2. Burden Associated With Revisions That Affect Applicability
    The EPA is finalizing revisions that affect the applicability of
two subparts of part 98: Subpart V (Nitric Acid Production) and subpart
OO (Suppliers of Industrial Greenhouse Gases). These final revisions,
which will apply beginning in RY2018, are anticipated to require
reporting for four additional reporters under subpart V, and five to
ten additional reporters under subpart OO. (For the purposes of
estimating burden, an average of eight additional reporters were
assumed to be required to report under subpart OO of part 98). The
majority of facilities within these industries already report under
part 98; specifically, all four of the affected reporters under subpart
V already submit annual reports. The total incremental burden from
revisions to applicability is $127,085 in the first year and $92,646 in
subsequent years ($2014). The incremental burden for the additional
reporters for subpart V includes first-year costs of $88,583 ($22,146
per facility) and subsequent year costs of $63,509 ($15,877 per
facility). The incremental burden for the additional reporters for
subpart OO includes first-year costs of $38,502 ($4,813 per facility)
and subsequent year costs of $29,138 ($3,642 per facility).
    To estimate the cost impacts for additional reporters, the recent
information collection requests for the GHG reporting program \29\ were
used to obtain the first year average cost per facility that is
incurred from reporting under subparts V and OO (updated to $2014) and
the subsequent year burden. These average costs per facility include
labor costs, capital costs, and operation and maintenance costs. We
determined total reporting costs for each subpart by assigning these
costs to model facilities that are representative of each industry
sector. The total cost for each subpart was determined by multiplying
the model facilities cost by the number of affected facilities.
---------------------------------------------------------------------------

    \29\ See Supporting Statement Part A: Information Collection
Request for the Greenhouse Gas Reporting Program. OMB Control No.
2060-0629. EPA ICR No. 2300.10. (U.S. EPA, 2013) and Supporting
Statement Part A: Information Collection Request for the Greenhouse
Gas Reporting Program. OMB Control No. 2060-0629. EPA ICR No.
2300.17. (U.S. EPA, 2016)
---------------------------------------------------------------------------

B. Additional Impacts of the Proposed Revisions to Part 98

    In addition to amendments that revise the existing applicability or
reporting requirements of part 98, the EPA is finalizing additional
revisions and other clarifications to several subparts in part 98 that
are not anticipated to have a significant impact on burden. These
include revisions discussed in section III of this preamble that are
intended to streamline the rule requirements, including revisions to
clarify and revise

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

VI. Statutory and Executive Order Reviews

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

    This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review because the
amendments raise novel legal or policy issues. Any changes made in
response to OMB recommendations have been documented in the docket. The
EPA prepared an analysis of the burden associated with this action. A
copy of the analysis is available in Docket Id. No. EPA-HQ-OAR-2015-
0526 and is briefly summarized in section V of this preamble.

B. Paperwork Reduction Act (PRA)

    The information collection activities in this rule have been
submitted for approval to the OMB under the PRA. The Information
Collection Request (ICR) document that the EPA prepared has been
assigned EPA ICR number 2300.18. You can find a copy of the ICR in the
docket for this rule, and it is briefly summarized here. The
information collection requirements are not enforceable until OMB
approves them.
    This action amends specific provisions in the Greenhouse Gas
Reporting Rule to streamline and improve implementation of the rule,
improve the quality and consistency of the data collected under the
rule, and to clarify or make minor updates to certain provisions that
have been the subject of questions from reporting entities. These
amendments will improve the quality and consistency of the data
collected, as well as improve the efficiency of the reporting process
for both the EPA and reporters. The amendments are anticipated to
increase burden in cases where they expand current applicability,
monitoring, or reporting, and are anticipated to decrease burden in
cases where they streamline part 98 to remove notification or reporting
requirements or simplify the data that must be reported.
    Specifically, this action amends the reporting requirements to add
or revise 112 data elements in 20 subparts of part 98. These revisions
are necessary to improve the quality of the data collected under the
GHGRP. The EPA is also removing 18 data elements in five subparts,
which streamlines rule requirements. This action also amends the
applicability of two subparts of part 98: Subparts V (Nitric Acid
Production) and OO (Suppliers of Industrial Greenhouse Gases). These
amendments could increase the number of facilities required to report
under part 98. Impacts associated with the revisions to the
applicability and reporting requirements are detailed in the memorandum
``Assessment of Burden Impacts of Final 2015 Revisions to the
Greenhouse Gas Reporting Rule'' (see Docket Id. No. EPA-HQ-OAR-2015-
0526). Burden is defined at 5 CFR 1320.3(b).
    The total estimated incremental burden and costs associated with
the revisions is 9,196 hours and $636,124 ($2014) over the three years
covered by the information collection. These costs include $5,268 in
RY2016, $407,268 in RY2017, and $223,588 in RY2018, averaging $212,041
over the three years. The total estimated reporters affected by the
amendments is 7,971. The frequency of response for these revisions is
once annually, with the exception of certain data elements for subpart
I that will be submitted once every three years.
    The estimated incremental costs and hour burden associated with the
addition and revision of 112 data elements and the removal of 18 data
elements in 20 subparts include $5,268 ($2014) in RY2016, $402,789 in
RY2017, and $2,313 for RY2018. The estimated burden from these
revisions is $96,503 ($2014) per year following implementation of all
revisions. The total annual burden for each subpart is assumed to be
equal for the first and subsequent years, with the exception of
subparts C and I. For subpart C, the estimated incremental cost
associated with reporting the new, revised, and removed data elements
includes additional burden and costs ($313,077) for certain subpart C
reporters for the initial collection and aggregation of data for the
reporting of the cumulative maximum rated heat input capacity for units
included in a GP or CP configuration (40 CFR 98.36(c)(1)(iii) or 40 CFR
98.36(c)(3)(ii)). This additional burden applies to RY2017 only. For
subpart I, the new data elements pertain to the triennial technology
report required under 40 CFR 98.96(y), which must first be submitted
with RY2016 reports on or before March 31, 2017 and every three years
thereafter. For the purposes of estimating burden for the three years
covered by the information collection, the annual costs associated with
these data elements ($789) will apply for RY2016 only.
    The estimated incremental cost burden associated with additional
reporters to subparts V and OO is $127,085 in the first year (RY2018)
and $92,646 in subsequent years. The incremental burden for the
additional reporters for subpart V includes first-year costs of $88,583
and subsequent year costs of $63,509. The incremental burden for the
additional reporters for subpart OO includes first-year costs of
$38,502 and subsequent year costs of $29,138. The estimated number of
likely new respondents that will result from these amendments is 12,
including four additional reporters under subpart V, and an average of
eight additional reporters for subpart OO. The annual hourly burden for
these additional reporters is based on the annual average hourly burden
for existing reporters

under subparts V and OO, which is 186 hours and 56 hours per reporter,
respectively.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB
approves this ICR, the Agency will announce that approval in the
Federal Register and publish a technical amendment to 40 CFR part 9 to
display the OMB control number for the approved information collection
activities contained in this final rule.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. The impact to small entities due to the
revisions was evaluated for each subpart. The EPA conducted a screening
assessment comparing compliance costs for revisions to reporting
requirements, applicability to new reporters, and monitoring revisions
under subparts V and OO to specific receipts data for establishments
owned by small businesses in each industry. This ratio constitutes a
``sales'' test that computes the annualized compliance costs of this
rule as a percentage of sales and determines whether the ratio exceeds
1 percent. The cost-to-sales ratios were constructed at the
establishment level (average reporting program costs per establishment/
average establishment receipts) for several business size ranges. We
determined that the cost-to-sales ratios are less than 1 percent for
all establishments in all business size ranges for subparts V and OO.
Therefore, we have determined that there will not be a significant
economic impact to small entities for these subparts. Refer to the
memorandum ``Assessment of Burden Impacts of Final 2015 Revisions to
the Greenhouse Gas Reporting Rule'' (see Docket Id. No. EPA-HQ-OAR-
2015-0526) for further discussion of this analysis. For all other
subparts, which are only affected by revisions for adding, revising, or
removing reporting requirements, we determined that these facilities
will experience average annual impacts of approximately $16 per
facility in the first year and $11 per facility in subsequent years.
Subpart C reporters would be anticipated to experience the highest
facility burden of $111 per facility in the first year and $24 in
subsequent years. For subpart C reporters, this burden represents less
than 3 percent of the total annual facility costs. Because these costs
are minimal, no small entity impacts are anticipated for the remaining
subparts. Refer to the memorandum ``Assessment of Burden Impacts of
Final 2015 Revisions to the Greenhouse Gas Reporting Rule'' (see Docket
Id. No. EPA-HQ-OAR-2015-0526) for further discussion of this analysis.
    Although there are no significant small entity impacts associated
with this action, the EPA took several steps to reduce the impact on
small entities. These final rule amendments include multiple revisions
intended to streamline implementation and reduce the monitoring,
recordkeeping, and reporting burden for all entities, including small
entities. Other rule amendments are minor corrections, clarifying, and
other amendments that will not impose any new requirement on small
entities that are not currently regulated by part 98. In addition, the
EPA conducted several meetings with industry associations to discuss
regulatory options and the corresponding burden on industry. We have
therefore concluded that this action will have no net regulatory burden
for all directly regulated small entities. The EPA continues to conduct
significant outreach on the GHGRP and maintains an ``open door'' policy
for stakeholders to help inform the EPA's understanding of key issues
for the industries.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538. See section V of this
preamble for an explanation of costs for this action. This final rule
is also not subject to the requirements of UMRA because it contains no
regulatory requirements that might significantly or uniquely affect
small governments. None of the facilities currently known to undertake
these activities are owned by small governments.

E. Executive Order 13132: Federalism

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

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

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

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

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

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

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

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

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

    The EPA believes that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) because it does not establish an
environmental health or safety standard. This regulatory action
includes amendments to a previously promulgated rule addressing
information collection and reporting procedures and does not affect the
level of protection provided to human health or the environment.

K. Congressional Review Act

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 98

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

    Dated: November 17, 2016.
Gina McCarthy,
Administrator.

    For the reasons stated in the preamble, the Environmental
Protection Agency amends title 40, chapter I, of the Code of Federal
Regulations as follows:

PART 98--MANDATORY GREENHOUSE GAS REPORTING

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

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

Subpart A--General Provision

0
2. Amend Sec.  98.2 by revising paragraph (i)(3) and adding a reserved
paragraph (i)(4) and paragraph (i)(5) to read as follows:

Sec.  98.2  Who must report?

    (i) * * *
    (3) If the operations of a facility or supplier are changed such
that all applicable processes and operations subject to paragraphs
(a)(1) through (4) of this section cease to operate, then the owner or
operator may discontinue complying with this part for the reporting
years following the year in which cessation of such operations occurs,
provided that the owner or operator submits a notification to the
Administrator that announces the cessation of reporting and certifies
to the closure of all applicable processes and operations no later than
March 31 of the year following such changes. If one or more processes
or operations subject to paragraphs (a)(1) through (4) of this section
at a facility or supplier cease to operate, but not all applicable
processes or operations cease to operate, then the owner or operator is
exempt from reporting for any such processes or operations in the
reporting years following the reporting year in which cessation of the
process or operation occurs, provided that the owner or operator
submits a notification to the Administrator that announces the
cessation of reporting for the process or operation no later than March
31 following the first reporting year in which the process or operation
has ceased for an entire reporting year. Cessation of operations in the
context of underground coal mines includes, but is not limited to,
abandoning and sealing the facility. This paragraph (i)(3) does not
apply to seasonal or other temporary cessation of operations. This
paragraph (i)(3) does not apply to the municipal solid waste landfills
source category (subpart HH of this subpart), or the industrial waste
landfills source category (subpart TT of this part). The owner or
operator must resume reporting for any future calendar year during
which any of the GHG-emitting processes or operations resume operation.
    (4) [Reserved]
    (5) If the operations of a facility or supplier are changed such
that a process or operation no longer meets the ``Definition of Source
Category'' as specified in an applicable subpart, then the owner or
operator may discontinue complying with any such subpart for the
reporting years following the year in which change occurs, provided
that the owner or operator submits a notification to the Administrator
that announces the cessation of reporting for the process or operation
no later than March 31 following the first reporting year in which such
changes persist for an entire reporting year. The owner or operator
must resume complying with this part for the process or operation
starting in any future calendar year during which the process or
operation meets the ``Definition of Source Category'' as specified in
an applicable subpart.
* * * * *

0
3. Effective January 1, 2018, amend Sec.  98.2 by revising paragraphs
(a)(1) and (i)(1) and (2) and adding paragraphs (i)(4) and (6) to read
as follows:

Sec.  98.2  Who must report?

    (a) * * *
    (1) A facility that contains any source category that is listed in
Table A-3 of this subpart. For these facilities, the annual GHG report
must cover stationary fuel combustion sources (subpart C of this part),
miscellaneous use of carbonates (subpart U of this part), and all
applicable source categories listed in Tables A-3 and A-4 of this
subpart.
* * * * *
    (i) * * *
    (1) If reported emissions are less than 25,000 metric tons
CO2e per year for five consecutive years, then the owner or
operator may discontinue complying with this part provided that the
owner or operator submits a notification to the Administrator that
announces the cessation of reporting and explains the reasons for the
reduction in emissions. The notification shall be submitted no later
than March 31 of the year immediately following the fifth consecutive
year of emissions less than 25,000 tons CO2e per year. The
owner or operator must maintain the corresponding records required
under Sec.  98.3(g) for each of the five consecutive years prior to
notification of discontinuation of reporting and retain such records
for three years following the year that reporting was discontinued. The
owner or operator must resume reporting if annual emissions in any
future calendar year increase to 25,000 metric tons CO2e per
year or more.
    (2) If reported emissions are less than 15,000 metric tons
CO2e per year for three consecutive years, then the owner or
operator may discontinue complying with this part provided that the
owner or operator submits a notification to the Administrator that
announces the cessation of reporting and explains the reasons for the
reduction in emissions. The notification shall be submitted no later
than March 31 of the year immediately following the third consecutive
year of emissions less than 15,000 tons CO2e per year. The
owner or operator must maintain the corresponding records required
under Sec.  98.3(g) for each of the three consecutive years and retain
such records for three years prior to notification of discontinuation
of reporting following the year that reporting was discontinued. The
owner or operator must resume reporting if annual emissions in any
future calendar

year increase to 25,000 metric tons CO2e per year or more.
* * * * *
    (4) The provisions of paragraphs (i)(1) and (2) of this section
apply to suppliers subject to subparts LL through QQ of this part by
substituting the term ``quantity of GHG supplied'' for ``emissions.''
For suppliers, the provisions of paragraphs (i)(1) and (2) apply
individually to each importer and exporter and individually to each
petroleum refinery, fractionator of natural gas liquids, local natural
gas distribution company, and producer of CO2,
N2O, or fluorinated greenhouse gases (e.g., a supplier of
industrial greenhouse gases might qualify to discontinue reporting as
an exporter of industrial greenhouse gases but still be required to
report as an importer; or a company might qualify to discontinue
reporting as a supplier of industrial greenhouse gases under subpart OO
of this part but still be required to report as a supplier of carbon
dioxide under subpart PP of this part).
* * * * *
    (6) If an entire facility or supplier is merged into another
facility or supplier that is already reporting GHG data under this
part, then the owner or operator may discontinue complying with this
part for the facility or supplier, provided that the owner or operator
submits a notification to the Administrator that announces the
discontinuation of reporting and the e-GGRT identification number of
the reconstituted facility no later than March 31 of the year following
such changes.
* * * * *

0
4. Amend Sec.  98.3 by revising paragraph (h) introductory text and
paragraph (h)(4) to read as follows:

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

* * * * *
    (h) Annual GHG report revisions. This paragraph applies to the
reporting years for which the owner or operator is required to maintain
records for a facility or supplier according to the time periods
specified in paragraph (g) of this section.
* * * * *
    (4) Notwithstanding paragraphs (h)(1) and (2) of this section, upon
request by the owner or operator, the Administrator may provide
reasonable extensions of the 45-day period for submission of the
revised report or information under paragraphs (h)(1) and (2). If the
Administrator receives a request for extension of the 45-day period, by
email to an address prescribed by the Administrator prior to the
expiration of the 45-day period, the extension request is deemed to be
automatically granted for 30 days. The Administrator may grant an
additional extension beyond the automatic 30-day extension if the owner
or operator submits a request for an additional extension and the
request is received by the Administrator prior to the expiration of the
automatic 30-day extension, provided the request demonstrates that it
is not practicable to submit a revised report or information under
paragraphs (h)(1) and (2) within 75 days. The Administrator will
approve the extension request if the request demonstrates to the
Administrator's satisfaction that it is not practicable to collect and
process the data needed to resolve potential reporting errors
identified pursuant to paragraph (h)(1) or (2) within 75 days.
* * * * *

0
5. Effective January 1, 2018, amend Sec.  98.3 by:
0
a. Revising paragraph (c)(4)(iii) introductory text;
0
b. Adding paragraph (c)(4)(iii)(G); and
0
c. Revising paragraphs (c)(5)(ii), (c)(8), and (d)(1)(i).
    The revisions and addition read as follows:

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

* * * * *
    (c) * * *
    (4) * * *
    (iii) Annual emissions from each applicable source category,
expressed in metric tons of each applicable GHG listed in paragraphs
(c)(4)(iii)(A) through (F) of this section.
* * * * *
    (G) For each reported fluorinated GHG and fluorinated heat transfer
fluid, report the following identifying information:
    (1) Chemical name. If the chemical is not listed in Table A-1 of
this subpart, then use the method of naming organic chemical compounds
as recommended by the International Union of Pure and Applied Chemistry
(IUPAC).
    (2) The CAS registry number assigned by the Chemical Abstracts
Registry Service. If a CAS registry number is not assigned or is not
associated with a single fluorinated GHG or fluorinated heat transfer
fluid, then report an identification number assigned by EPA's Substance
Registry Services.
    (3) Linear chemical formula.
* * * * *
    (5) * * *
    (ii) Quantity of each GHG from each applicable supply category in
Table A-5 to this subpart, expressed in metric tons of each GHG. For
each reported fluorinated GHG, report the following identifying
information:
    (A) Chemical name. If the chemical is not listed in Table A-1 of
this subpart, then use the method of naming organic chemical compounds
as recommended by the International Union of Pure and Applied Chemistry
(IUPAC).
    (B) The CAS registry number assigned by the Chemical Abstracts
Registry Service. If a CAS registry number is not assigned or is not
associated with a single fluorinated GHG, then report an identification
number assigned by EPA's Substance Registry Services.
    (C) Linear chemical formula.
* * * * *
    (8) Each parameter for which a missing data procedure was used
according to the procedures of an applicable subpart and the total
number of hours in the year that a missing data procedure was used for
each parameter. Parameters include not only reported data elements, but
any data element required for monitoring and calculating emissions.
* * * * *
    (d) * * *
    (1) * * *
    (i) Monitoring methods currently used by the facility that do not
meet the specifications of a relevant subpart.
* * * * *

0
6. Effective January 1, 2018, amend Sec.  98.4 by adding paragraph
(i)(6) to read as follows:

Sec.  98.4   Authorization and responsibilities of the designated
representative.

* * * * *
    (i) * * *
    (6) A list of the subparts that the owners and operators anticipate
will be included in the annual GHG report. The list of potentially
applicable subparts is required only for an initial certificate of
representation that is submitted after January 1, 2018 (i.e., for a
facility or supplier that previously was not registered under this
part). The list of potentially applicable subparts does not need to be
revised with revisions to the COR or if the actual applicable subparts
change.
* * * * *

0
7. Amend Sec.  98.6 by revising the definition for ``Gas collection
system or landfill gas collection system'' to read as follows:

Sec.  98.6  Definitions.

* * * * *
    Gas collection system or landfill gas collection system means a
system of

pipes used to collect landfill gas from different locations in the
landfill by means of a fan or similar mechanical draft equipment
(forced convection) to a single location for treatment (thermal
destruction) or use. Landfill gas collection systems may also include
knock-out or separator drums and/or a compressor. A single landfill may
have multiple gas collection systems. Landfill gas collection systems
do not include ``passive'' systems, whereby landfill gas flows
naturally (without forced convection) to the surface of the landfill
where an opening or pipe (vent) is installed to allow for the flow of
landfill gas to the atmosphere or to a remote flare installed to
combust landfill gas that is passively emitted from the vent. Landfill
gas collection systems also do not include ``active venting'' systems,
whereby landfill gas is conveyed to the surface of the landfill using
forced convection, but the landfill gas is never recovered or thermally
destroyed prior to release to the atmosphere.
* * * * *

0
8. Effective January 1, 2018, amend Sec.  98.6 by adding a definition
for ``Reporting year'' in alphabetical order and revising the
definition for ``Ventilation hole or shaft'' to read as follows:

Sec.  98.6   Definitions.

* * * * *
    Reporting year means the calendar year during which the GHG data
are required to be collected for purposes of the annual GHG report. For
example, reporting year 2014 is January 1, 2014 through December 31,
2014, and the annual report for reporting year 2014 is submitted to EPA
on March 31, 2015.
* * * * *
    Ventilation hole or shaft means a vent hole, shaft, mine portal,
adit or other mine entrance or exits employed at an underground coal
mine to serve as the outlet or conduit to move air from the ventilation
system out of the mine.
* * * * *

0
9. Amend Sec.  98.7 by revising paragraph (l)(1) to read as follows:

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

* * * * *
    (l) * * *
    (1) PH16-V-1, Coal Mine Safety and Health General Inspection
Procedures Handbook, June 2016, IBR approved for Sec.  98.324(b).
* * * * *

0
10. Effective January 1, 2018, amend Sec.  98.7 by revising paragraph
(e)(33) to read as follows:

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

* * * * *
    (e) * * *
    (33) ASTM D6866-16 Standard Test Methods for Determining the
Biobased Content of Solid, Liquid, and Gaseous Samples Using
Radiocarbon Analysis, approved June 1, 2016, IBR approved for
Sec. Sec.  98.34(d) and (e), and 98.36(e).
* * * * *

0
11. Effective January 1, 2018, amend Table A-3 to subpart A of part 98
by revising the heading for the entry ``Source Categories Applicable in
2010 and Future Years'' and the entry for ``Additional Source
Categories Applicable in 2011 and Future Years'' to read as follows:

    Table A-3 to Subpart A of Part 98--Source Category List for Sec.
                               98.2(a)(1)
------------------------------------------------------------------------

-------------------------------------------------------------------------
Source Categories \a\ Applicable in Reporting Year 2010 and Future Years

                              * * * * * * *
------------------------------------------------------------------------
Additional Source Categories \a\ Applicable in Reporting Year 2011 and
 Future Years

                              * * * * * * *
------------------------------------------------------------------------
\a\ Source categories are defined in each applicable subpart.

0
12. Effective January 1, 2018, amend Table A-4 to subpart A of part 98
by revising the heading for the entry for ``Source Categories
Applicable in 2010 and Future Years'' and the entry for ``Additional
Source Categories Applicable in 2011 and Future Years'' to read as
follows:

   Table A-4 to Subpart A--Source Category List for Sec.   98.2(a)(2)
------------------------------------------------------------------------

-------------------------------------------------------------------------
Source Categories \a\ Applicable in Reporting Year 2010 and Future Years

                              * * * * * * *
Additional Source Categories \a\ Applicable in Reporting Year 2011 and
 Future Years

                              * * * * * * *
------------------------------------------------------------------------
\a\ Source categories are defined in each applicable subpart.

0
13. Effective January 1, 2018, amend Table A-5 to subpart A of part 98:
0
a. By revising the heading for the entry for ``Supplier Categories
Applicable in 2010 and Future Years'';
0
b. Under the entry for ``Industrial greenhouse gas suppliers (subpart
OO)'' by adding entries (D) through (G); and
0
c. By revising the entry ``Additional Supplier Categories Applicable in
2011 and Future Years.''
    The revisions read as follows:

  Table A-5 to Subpart A--Supplier Category List for Sec.   98.2(a)(4)
------------------------------------------------------------------------

-------------------------------------------------------------------------
Supplier Categories \a\ Applicable in Reporting Year 2010 and Future
 Years

                              * * * * * * *
    Industrial greenhouse gas suppliers (subpart OO):

                              * * * * * * *
        (D) Starting with reporting year 2018, all producers of
         fluorinated heat transfer fluids.
        (E) Starting with reporting year 2018, importers of fluorinated
         heat transfer fluids with annual bulk imports of N2O,
         fluorinated GHG, fluorinated heat transfer fluids, and CO2 that
         in combination are equivalent to 25,000 metric tons CO2e or
         more.
        (F) Starting with reporting year 2018, exporters of fluorinated
         heat transfer fluids with annual bulk exports of N2O,
         fluorinated GHG, fluorinated heat transfer fluids, and CO2 that
         in combination are equivalent to 25,000 metric tons CO2e or
         more.
        (G) Starting with reporting year 2018, facilities that destroy
         25,000 mtCO2e or more of fluorinated GHGs or fluorinated heat
         transfer fluids annually.

                              * * * * * * *
Additional Supplier Categories Applicable \a\ in Reporting Year 2011 and
 Future Years

                              * * * * * * *
------------------------------------------------------------------------
\a\ Suppliers are defined in each applicable subpart.

Subpart C--General Stationary Fuel Combustion Sources

0
14. Effective January 1, 2018, amend Sec.  98.33 in paragraph
(a)(2)(ii)(A) by revising parameters ``(HHV)I,''
``(Fuel)I,'' and ``n'' of Equation C-2b and revising
paragraphs (a)(5)(i)(C), (a)(5)(ii)(C), and (a)(5)(iii)(C) to read as
follows:

Sec.  98.33  Calculating GHG emissions.

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

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

* * * * *
    (5) * * *
    (i) * * *
    (C) Divide the cumulative annual CO2 mass emissions
value by 1.1023 to convert it to metric tons.
    (ii) * * *
    (C) Divide the cumulative annual CO2 mass emissions
value by 1.1023 to convert it to metric tons.
    (iii) * * *
    (C) Divide the cumulative annual CO2 mass emissions
value by 1.1023 to convert it to metric tons.
* * * * *

0
15. Effective January 1, 2018, amend Sec.  98.34 by revising paragraphs
(d) and (e) to read as follows:

Sec.  98.34  Monitoring and QA/QC requirements.

* * * * *
    (d) Except as otherwise provided in Sec.  98.33(b)(1)(vi) and
(vii), when municipal solid waste (MSW) is either the primary fuel
combusted in a unit or the only fuel with a biogenic component
combusted in the unit, determine the biogenic portion of the
CO2 emissions using ASTM D6866-16 Standard Test Methods for
Determining the Biobased Content of Solid, Liquid, and Gaseous Samples
Using Radiocarbon Analysis) and ASTM D7459-08 Standard Practice for
Collection of Integrated Samples for the Speciation of Biomass
(Biogenic) and Fossil-Derived Carbon Dioxide Emitted from Stationary
Emissions Sources (both incorporated by reference, see Sec.  98.7).
Perform the ASTM D7459-08 sampling and the ASTM D6866-16 analysis at
least once in every calendar quarter in which MSW is combusted in the
unit. Collect each gas sample during normal unit operating conditions
for at least 24 total (not necessarily consecutive) hours, or longer if
the facility deems it necessary to obtain a representative sample.
Notwithstanding this requirement, if the types of fuels combusted and
their relative proportions are consistent throughout the year, the
minimum required sampling time may be reduced to 8 hours if at least
two 8-hour samples and one 24-hour sample are collected under normal
operating conditions, and arithmetic average of the biogenic fraction
of the flue gas from the 8-hour samples (expressed as a decimal) is
within 5 percent of the biogenic fraction from the 24-hour
test. There must be no overlapping of the 8-hour and 24-hour test
periods. Document the results of the demonstration in the unit's
monitoring plan. If the types of fuels and their relative proportions
are not consistent throughout the year, an optional sampling approach
that facilities may wish to consider to obtain a more representative
sample is to collect an integrated sample by extracting a small amount
of flue gas (e.g., 1 to 5 cc) in each unit operating hour during the
quarter. Separate the total annual CO2 emissions into the
biogenic and non-biogenic fractions using the average proportion of
biogenic emissions of all samples analyzed during the reporting year.
Express the results as a decimal fraction (e.g., 0.30, if 30 percent of
the CO2 is biogenic). When MSW is the primary fuel for
multiple units at the facility, and the units are fed from a common
fuel source, testing at only one of the units is sufficient.
    (e) For other units that combust combinations of biomass fuel(s)
(or heterogeneous fuels that have a biomass component, e.g., tires) and
fossil (or other non-biogenic) fuel(s), in any proportions, ASTM D6866-
16 and ASTM D7459-08 (both incorporated by reference, see Sec.  98.7)
may be used to determine the biogenic portion of the CO2
emissions in every calendar quarter in which biomass and non-biogenic
fuels are co-fired in the unit. Follow the procedures in paragraph (d)
of this section. If the primary fuel for multiple units at the facility
consists of tires, and the units are fed from a common fuel source,
testing at only one of the units is sufficient.
* * * * *

0
16. Effective January 1, 2018, amend Sec.  98.36 by adding paragraphs
(c)(1)(iii) and (c)(3)(ii) and revising paragraphs (e)(2)(i), (e)(2)(x)
introductory text, and (e)(2)(xi) to read as follows:

Sec.  98.36  Data reporting requirements.

* * * * *
    (c) * * *
    (1) * * *
    (iii) Cumulative maximum rated heat input capacity of the group
(mmBtu/hr). The cumulative maximum rated heat input capacity shall be
determined as the sum of the maximum rated heat

input capacities for all units in the group, excluding units less than
10 (mmBtu/hr).
* * * * *
    (3) * * *
    (ii) Cumulative maximum rated heat input capacity of the units
served by the common pipe (mmBtu/hr). The cumulative maximum rated heat
input capacity shall be determined as the sum of the maximum rated heat
input capacities for all units served by the common pipe, excluding
units less than 10 (mmBtu/hr).
* * * * *
    (e) * * *
    (2) * * *
    (i) For the Tier 1 Calculation Methodology, report:
    (A) The total quantity of each type of fuel combusted in the unit
or group of aggregated units (as applicable) during the reporting year,
in short tons for solid fuels, gallons for liquid fuels and standard
cubic feet for gaseous fuels, or, if applicable, therms or mmBtu for
natural gas.
    (B) If applicable, the moisture content used to calculate the wood
and wood residuals wet basis HHV for use in Equations C-1 and C-8 of
this subpart, in percent.
* * * * *
    (x) When ASTM methods D7459-08 and D6866-16 (both incorporated by
reference, see Sec.  98.7) are used to determine the biogenic portion
of the annual CO2 emissions from MSW combustion, as
described in Sec.  98.34(d), report:
* * * * *
    (xi) When ASTM methods D7459-08 and D6866-16 (both incorporated by
reference, see Sec.  98.7) are used in accordance with Sec.  98.34(e)
to determine the biogenic portion of the annual CO2
emissions from a unit that co-fires biogenic fuels (or partly-biogenic
fuels, including tires if you are electing to report biogenic
CO2 emissions from tire combustion) and non-biogenic fuels,
you shall report the results of each quarterly sample analysis,
expressed as a decimal fraction (e.g., if the biogenic fraction of the
CO2 emissions is 30 percent, report 0.30).
* * * * *

0
17. Effective January 1, 2018, amend Sec.  98.37 by revising paragraph
(a) and adding paragraph (b)(37) to read as follows:

Sec.  98.37  Records that must be retained.

* * * * *
    (a) The applicable records specified in Sec. Sec.  98.34(f),
98.35(b), and 98.36(e).
    (b) * * *
    (37) Moisture content used to calculate the wood and wood residuals
wet basis HHV (percent), if applicable (Equations C-1 and C-8 of this
subpart).

0
18. Effective January 1, 2018, amend Table C-1 to subpart C of part 98
by:
0
a. Removing the entries ``Petroleum Coke'' under ``Petroleum
products'', ``Petroleum Coke'' under ``Other fuels--solid'', and
``Propane Gas'' under ``Other fuels--gaseous'';
0
b. Removing the heading ``Petroleum products'' in the ``Fuel type''
column and adding in its place the heading ``Petroleum products--
liquid''; and
0
c. Adding heading ``Petroleum products--solid'' and its entry
``Petroleum Coke'', and heading ``Petroleum products--gaseous'', and
its entry ``Propane Gas'' after the entry ``Crude Oil''.
    The additions read as follows:

Table C-1 to Subpart C of Part 98--Default CO2 Emission Factors and High
                  Heat Values for Various Types of Fuel
 [Default CO2 emission factors and high heat values for various types of
                                  fuel]
------------------------------------------------------------------------
                                Default high heat   Default CO2 emission
           Fuel type                  value                factor
------------------------------------------------------------------------

                              * * * * * * *
Petroleum products--solid.....  mmBtu/short ton..  kg CO2/mmBtu
Petroleum Coke................  30.00............  102.41
Petroleum products--gaseous...  mmBtu/scf........  kg CO2/mmBtu
Petroleum products--liquid....  mmBtu/gallon.....  kg CO2/mmBtu
Propane Gas...................  2.516 x 10-3.....  61.46

                              * * * * * * *
------------------------------------------------------------------------

* * * * *

Table C-2 to Subpart C of Part 98 [Amended]

0
19. Effective January 1, 2018, amend Table C-2 to subpart C of part 98
by:
0
a. Removing from the ``Fuel type'' column, the entry ``Petroleum (All
fuel types in Table C-1)'' and adding in its place the entry
``Petroleum Products (All fuel types in Table C-1)'';
0
b. Removing from the ``Fuel type'' column, the entry ``Municipal Solid
Waste'' and adding in its place the entry ``Other Fuels--Solid''; and
0
c. Removing the entry ``Tires''.

Subpart E--Adipic Acid Production

0
20. Effective January 1, 2018, amend Sec.  98.53 by revising paragraph
(a)(2) to read as follows:

Sec.  98.53  Calculating GHG emissions.

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

0
21. Effective January 1, 2018, amend Sec.  98.56 by revising paragraph
(f) to read as follows:

Sec.  98.56  Data reporting requirements.

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

Subpart F--Aluminum Production

0
22. Effective January 1, 2018, amend Sec.  98.65 by revising paragraph
(a) introductory text and removing Equation F-8 and adding Equation F-9
in its place to read as follows:

Sec.  98.65  Procedures for estimating missing data.

* * * * *
    (a) Where anode or paste consumption data are missing,
CO2 emissions can be estimated from aluminum production by
using Equation F-9 of this section.
[GRAPHIC] [TIFF OMITTED] TR09DE16.018

* * * * *

0
23. Effective January 1, 2018, amend Sec.  98.66 by adding paragraph
(c)(2) and revising paragraph (c)(3) to read as follows:

Sec.  98.66  Data reporting requirements.

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

Subpart G--Ammonia Manufacturing

0
24. Effective January 1, 2018, amend Sec.  98.74 by adding paragraph
(f) to read as follows:

Sec.  98.74  Monitoring and QA/QC requirements.

* * * * *
    (f) You may use company records or an engineering estimate to
determine the annual ammonia production and the annual methanol
production.
* * * * *

0
25. Effective January 1, 2018, amend Sec.  98.76 by revising paragraph
(a) introductory text, adding paragraphs (a)(3) and (b)(2) and (7), and
revising paragraph (b)(15) to read as follows:

Sec.  98.76  Data reporting requirements.

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

Subpart I--Electronics Manufacturing

0
26. Amend Sec.  98.93 by:
0
a. Revising paragraph (a)(1) introductory text;
0
b. Revising Equation I-9 in paragraph (a)(1);
0
c. Revising parameters ``Nil'' and ``Fil'' of
Equation I-12 in paragraph (d);
0
d. Revising paragraphs (i)(1)(ii) and (iv);
0
e. Revising Equation I-17 in paragraph (i)(3)(ii);
0
f. Revising parameter ``dif'' of Equation I-19 in paragraph
(i)(3)(ii);
0
g. Revising parameter ``dkf'' of Equation I-20 in paragraph
(i)(3)(iv);
0
h. Revising parameter ``dif'' of Equation I-21 in paragraph
(i)(3)(v);
0
i. Revising parameter ``dkf'' of Equation I-22 in paragraph
(i)(3)(vi); and
0
j. Revising paragraph (i)(3)(viii) and paragraph (i)(4) introductory
text.
    The revisions read as follows:

Sec.  98.93  Calculating GHG emissions.

    (a) * * *
    (1) If you manufacture semiconductors, you must adhere to the
procedures in paragraphs (a)(1)(i) through (iii) of this section. You
must calculate annual emissions of each input gas and of each by-
product gas using Equations I-6 and I-7 of this subpart, respectively.
If your fab uses less than 50 kg of a fluorinated GHG in one reporting
year, you may calculate emissions as equal to your fab's annual
consumption for that specific gas as calculated in Equation I-11 of
this subpart, plus any by-product emissions of that gas calculated
under paragraph (a) of this section.
* * * * *
[GRAPHIC] [TIFF OMITTED] TR09DE16.019

* * * * *
    (d) * * *
* * * * *
Nil = Number of containers of size and type l used at the
fab and returned to the gas distributor containing the standard heel
of input gas i.
Fil = Full capacity of containers of size and type l
containing input gas i (kg).
* * * * *
    (i) * * *
    (1) * * *
    (ii) You must use representative data from the previous reporting
year to estimate the consumption of input gas i as calculated in
Equation I-13 of this subpart and the fraction of input gas i and by-
product gas k destroyed in abatement systems for each stack system as
calculated by Equations I-24A and I-24B of this subpart. If you were
not required to submit an annual report under subpart I for the
previous reporting year and data from the previous reporting year are
not

available, you may estimate the consumption of input gas i and the
fraction of input gas i destroyed in abatement systems based on
representative operating data from a period of at least 30 days in the
current reporting year. When calculating the consumption of input gas i
using Equation I-13 of this subpart, the term ``fij'' is
replaced with the ratio of the number of tools using input gas i that
are vented to the stack system for which you are calculating the
preliminary estimate to the total number of tools in the fab using
input gas i, expressed as a decimal fraction. You may use this approach
to determining fij only for this preliminary estimate.
* * * * *
    (iv) If you anticipate an increase or decrease in annual
consumption or emissions of any fluorinated GHG, or the number of tools
connected to abatement systems greater than 10 percent for the current
reporting year compared to the previous reporting year, you must
account for the anticipated change in your preliminary estimate. You
may account for such a change using a quantifiable metric (e.g., the
ratio of the number of tools that are expected to be vented to the
stack system in the current year as compared to the previous reporting
year, ratio of the expected number of wafer starts in the current
reporting year as compared to the previous reporting year), engineering
judgment, or other industry standard practice.
* * * * *
    (3) * * *
    (ii) * * *
    [GRAPHIC] [TIFF OMITTED] TR09DE16.001

* * * * *
    (iii) * * *
* * * * *

dif = Fraction of fluorinated GHG input gas i destroyed
or removed in abatement systems connected to process tools in fab f,
as calculated in Equation I-24A of this subpart (expressed as
decimal fraction). If the stack system does not have abatement
systems on the tools vented to the stack system, the value of this
parameter is zero.
* * * * *
    (iv) * * *
* * * * *
dkf = Fraction of fluorinated GHG by-product gas k
destroyed or removed in abatement systems connected to process tools
in fab f, as calculated in Equation I-24B of this subpart (expressed
as decimal fraction).
* * * * *
    (v) * * *
* * * * *
dif = Fraction of fluorinated GHG input gas i destroyed
or removed in abatement systems connected to process tools in fab f
that are included in the stack testing option, as calculated in
Equation I-24A of this subpart (expressed as decimal fraction).
* * * * *
    (vi) * * *
* * * * *
dkf = Fraction of fluorinated GHG by-product k destroyed
or removed in abatement systems connected to process tools in fab f
that are included in the stack testing option, as calculated in
Equation I-24B of this subpart (expressed as decimal fraction).
* * * * *
    (viii) When using the stack testing option described in paragraph
(i) of this section, you must calculate the weighted-average fraction
of each fluorinated input gas i and each fluorinated byproduct gas k
destroyed or removed in abatement systems for each fab f, as
applicable, by using Equation I-24A (for input gases) and Equation I-
24B (for by-product gases) of this subpart.
[GRAPHIC] [TIFF OMITTED] TR09DE16.002

[GRAPHIC] [TIFF OMITTED] TR09DE16.003

Where:

dif = The average weighted fraction of fluorinated GHG
input gas i destroyed or removed in abatement systems in fab f
(expressed as a decimal fraction).
dkf = The average weighted fraction of fluorinated GHG
by-product gas k destroyed or removed in abatement systems in fab f
(expressed as a decimal fraction).
Cijf = The amount of fluorinated GHG input gas i consumed
for process type or sub-type j fed into abatement systems in fab f
as calculated using Equation I-13 of this subpart (kg).
(1-Uij) = The default emission factor for input gas i
used in process type or sub-type j, from applicable Tables I-3
through I-7 of this subpart.
Bijk = The default byproduct gas formation rate factor
for by-product gas k from input gas i used in process type or sub-
type j, from applicable Tables I-3 through I-7 of this subpart.
DREij = Destruction or removal efficiency for fluorinated
GHG input gas i in abatement systems connected to process tools
where process type or sub-type j is used (expressed as a decimal
fraction) determined according to Sec.  98.94(f).
DREjk = Destruction or removal efficiency for fluorinated
GHG by-product gas k in abatement systems connected to process tools
where input gas i is used in process type or sub-type j (expressed
as a decimal fraction) determined according to Sec.  98.94(f).
f = fab.
i = Fluorinated GHG input gas.
j = Process type or sub-type.

    (4) Method to calculate emissions from stack systems that are not
tested. You must calculate annual fab-level emissions of each
fluorinated GHG input gas and byproduct gas for those fluorinated GHG
listed in paragraphs (i)(4)(i) and (ii) of this section using default
utilization and by-product formation rates as shown in Table I-11, I-
12, I-13, I-14, or I-15 of this subpart, as applicable, and by using
Equations I-8, I-9, and I-13 of this subpart. When using Equations I-8,