[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Rules and Regulations]
[Pages 71903-71981]
[FR Doc No: 2013-27996]

Vol. 78

Friday,

No. 230

November 29, 2013

Part VI

Environmental Protection Agency

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40 CFR Part 98

2013 Revisions to the Greenhouse Gas Reporting Rule and Final
Confidentiality Determinations for New or Substantially Revised Data
Elements; Final Rule

Federal Register / Vol. 78 , No. 230 / Friday, November 29, 2013 /
Rules and Regulations

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2012-0934; FRL-9902-95-OAR ]
RIN 2060-AR52

2013 Revisions to the Greenhouse Gas Reporting Rule and Final
Confidentiality Determinations for New or Substantially Revised Data
Elements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is amending the Greenhouse Gas Reporting Rule to
implement technical corrections, clarifying revisions, and other
amendments to improve the quality and consistency of the data collected
by the EPA. Among other changes, the EPA is amending the Rule's table
of global warming potentials to revise the values for certain
greenhouse gases. This action also establishes confidentiality
determinations for the reporting of new or substantially revised data
elements (i.e., requiring additional or different data to be reported)
contained in these final amendments to the Greenhouse Gas Reporting
Rule.

DATES: This final rule is effective on January 1, 2014.

ADDRESSES: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, will
be publicly available only in hard copy. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy at the Air Docket, EPA/DC, William
Jefferson Clinton Building (WJC) West Building, Room 3334, 1301
Constitution Ave. NW., Washington, DC. This Docket Facility is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744 and the telephone number for the Air Docket is<PHONE_NUMBER>.

FOR FURTHER GENERAL INFORMATION CONTACT: Carole Cook, Climate Change
Division, Office of Atmospheric Programs (MC-6207J), Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>For technical information, please go
to the Greenhouse Gas Reporting Rule Program Web site http://www.epa.gov/ghgreporting/index.html. To submit a question, select Rule
Help Center, followed by Contact Us.
    Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of this final rule will also be available through
the WWW. Following the Administrator's signature, a copy of this action
will be posted on EPA's greenhouse gas reporting rule Web site at
http://www.epa.gov/ghgreporting/index.html.

SUPPLEMENTARY INFORMATION:
    Regulated Entities. The Administrator determined that this action
is subject to the provisions of Clean Air Act (CAA) section 307(d). See
CAA section 307(d)(1)(V) (the provisions of CAA section 307(d) apply to
``such other actions as the Administrator may determine''). These are
amendments to existing regulations and affect certain owners and
operators of facilities that directly emit greenhouse gases (GHGs) as
well as certain suppliers. Regulated categories and examples of
affected entities include those listed in Table 1 of this preamble.

           Table 1--Examples of Affected Entities by Category
------------------------------------------------------------------------
                                                   Examples of affected
            Category                  NAICS             facilities
------------------------------------------------------------------------
General Stationary Fuel          ..............  Facilities operating
 Combustion Sources.                              boilers, process
                                                  heaters, incinerators,
                                                  turbines, and internal
                                                  combustion engines.
                                            211  Extractors of crude
                                                  petroleum and natural
                                                  gas.
                                            321  Manufacturers of lumber
                                                  and wood products.
                                            322  Pulp and paper mills.
                                            325  Chemical manufacturers.
                                            324  Petroleum refineries,
                                                  and manufacturers of
                                                  coal products.
                                  316, 326, 339  Manufacturers of rubber
                                                  and miscellaneous
                                                  plastic products.
                                            331  Steel works, blast
                                                  furnaces.
                                            332  Electroplating,
                                                  plating, polishing,
                                                  anodizing, and
                                                  coloring.
                                            336  Manufacturers of motor
                                                  vehicle parts and
                                                  accessories.
                                            221  Electric, gas, and
                                                  sanitary services.
                                            622  Health services.
                                            611  Educational services.
Electricity Generation.........          221112  Fossil-fuel fired
                                                  electric generating
                                                  units, including units
                                                  owned by federal and
                                                  municipal governments
                                                  and units located in
                                                  Indian Country.
Acid Gas Injection Projects....       211111 or  Projects that inject
                                         211112   natural gas containing
                                                  CO2 underground.
Adipic Acid Production.........          325199  Adipic acid
                                                  manufacturing
                                                  facilities.
Aluminum Production............          331312  Primary Aluminum
                                                  production facilities.
Ammonia Manufacturing..........          325311  Anhydrous and aqueous
                                                  ammonia manufacturing
                                                  facilities.
Cement Production..............          327310  Portland cement
                                                  manufacturing plants.
CO2 Enhanced Oil and Gas                    211  Oil and gas extraction
 Recovery Projects.                               projects using CO2
                                                  enhanced oil and gas
                                                  recovery.
Electrical Equipment Use.......          221121  Electric bulk power
                                                  transmission and
                                                  control facilities.
Electrical Equipment                      33531  Power transmission and
 Manufacture or Refurbishment.                    distribution
                                                  switchgear and
                                                  specialty transformers
                                                  manufacturing
                                                  facilities.
Electronics Manufacturing......          334111  Microcomputers
                                                  manufacturing
                                                  facilities.
                                         334413  Semiconductor,
                                                  photovoltaic (solid-
                                                  state) device
                                                  manufacturing
                                                  facilities.
                                         334419  LCD unit screens
                                                  manufacturing
                                                  facilities. MEMS
                                                  manufacturing
                                                  facilities.
Ethanol Production.............          325193  Ethyl alcohol
                                                  manufacturing
                                                  facilities.
Ferroalloy Production..........          331112  Ferroalloys
                                                  manufacturing
                                                  facilities.
Fluorinated GHG Production.....          325120  Industrial gases
                                                  manufacturing
                                                  facilities.
Food Processing................          311611  Meat processing
                                                  facilities.

                                         311411  Frozen fruit, juice,
                                                  and vegetable
                                                  manufacturing
                                                  facilities.
                                         311421  Fruit and vegetable
                                                  canning facilities.
Glass Production...............          327211  Flat glass
                                                  manufacturing
                                                  facilities.
                                         327213  Glass container
                                                  manufacturing
                                                  facilities.
                                         327212  Other pressed and blown
                                                  glass and glassware
                                                  manufacturing
                                                  facilities.
GS Sites.......................              NA  CO2 geologic
                                                  sequestration
                                                  projects.
HFC-22 Production and HFC-23             325120  Chlorodifluoromethane
 Destruction.                                     manufacturing
                                                  facilities.
Hydrogen Production............          325120  Hydrogen manufacturing
                                                  facilities.
Importers and Exporters of Pre-          423730  Air-conditioning
 charged Equipment and Closed-           333415   equipment (except room
 Cell Foams.                                      units) merchant
                                                  wholesalers.
                                                 Air-conditioning
                                                  equipment (except
                                                  motor vehicle)
                                                  manufacturing.
                                         423620  Air-conditioners, room,
                                                  merchant wholesalers.
                                         443111  Household Appliance
                                                  Stores.
                                         326150  Polyurethane foam
                                                  products
                                                  manufacturing.
                                         335313  Circuit breakers,
                                                  power, manufacturing.
                                         423610  Circuit breakers
                                                  merchant wholesalers.
Industrial Waste Landfills.....          562212  Solid waste landfills.
                                         221320  Sewage treatment
                                                  facilities.
                                         322110  Pulp mills.
                                         322121  Paper mills.
                                         322122  Newsprint mills.
                                         322130  Paperboard mills.
                                         311611  Meat processing
                                                  facilities.
                                         311411  Frozen fruit, juice and
                                                  vegetable
                                                  manufacturing
                                                  facilities.
                                         311421  Fruit and vegetable
                                                  canning facilities.
Industrial Wastewater Treatment          322110  Pulp mills.
                                         322121  Paper mills.
                                         322122  Newsprint mills.
                                         322130  Paperboard mills.
                                         311611  Meat processing
                                                  facilities.
                                         311411  Frozen fruit, juice,
                                                  and vegetable
                                                  manufacturing
                                                  facilities.
                                         311421  Fruit and vegetable
                                                  canning facilities.
                                         325193  Ethanol manufacturing
                                                  facilities.
                                         324110  Petroleum refineries.
Iron and Steel Production......          331111  Integrated iron and
                                                  steel mills, steel
                                                  companies, sinter
                                                  plants, blast
                                                  furnaces, basic oxygen
                                                  process furnace shops.
Lead Production................          331419  Primary lead smelting
                                                  and refining
                                                  facilities.
                                         331492  Secondary lead smelting
                                                  and refining
                                                  facilities.
Lime Production................          327410  Calcium oxide, calcium
                                                  hydroxide, dolomitic
                                                  hydrates manufacturing
                                                  facilities.
Magnesium Production...........          331419  Primary refiners of
                                                  nonferrous metals by
                                                  electrolytic methods.
Municipal Solid Waste Landfills          562212  Solid waste landfills.
                                         221320  Sewage treatment
                                                  facilities.
Nitric Acid Production.........          325311  Nitric acid
                                                  manufacturing
                                                  facilities.
Petrochemical Production.......           32511  Ethylene dichloride
                                                  manufacturing
                                                  facilities.
                                         325199  Acrylonitrile, ethylene
                                                  oxide, methanol
                                                  manufacturing
                                                  facilities.
                                         325110  Ethylene manufacturing
                                                  facilities.
                                         325182  Carbon black
                                                  manufacturing
                                                  facilities.
Petroleum Refineries...........          324110  Petroleum refineries.
Petroleum and Natural Gas                486210  Pipeline transportation
 Systems.                                         of natural gas.
                                         221210  Natural gas
                                                  distribution
                                                  facilities.
                                            211  Extractors of crude
                                                  petroleum and natural
                                                  gas.
                                         211112  Natural gas liquid
                                                  extraction facilities.
Phosphoric Acid Production.....          325312  Phosphoric acid
                                                  manufacturing
                                                  facilities.
Pulp and Paper Manufacturing...          322110  Pulp mills.
                                         322121  Paper mills.
                                         322130  Paperboard mills.
Soda Ash Manufacturing.........          325181  Alkalies and chlorine
                                                  manufacturing
                                                  facilities.
Silicon Carbide Production.....          327910  Silicon carbide
                                                  abrasives
                                                  manufacturing
                                                  facilities.
Sulfur Hexafluoride (SF6) from           221121  Electric bulk power
 Electrical Equipment.                            transmission and
                                                  control facilities.
Titanium Dioxide Production....          325188  Titanium dioxide
                                                  manufacturing
                                                  facilities.
Underground Coal Mines.........          212113  Underground anthracite
                                                  coal mining
                                                  operations.
                                         212112  Underground bituminous
                                                  coal mining
                                                  operations.
Zinc Production................          331419  Primary zinc refining
                                                  facilities.
                                         331492  Zinc dust reclaiming
                                                  facilities, recovering
                                                  from scrap and/or
                                                  alloying purchased
                                                  metals.
Suppliers of Industrial                  325120  Industrial gas
 Greenhouse Gases.                                manufacturing
                                                  facilities.
Suppliers of Petroleum Products          324110  Petroleum refineries.
Suppliers of Natural Gas and             221210  Natural gas
 Natural Gas Liquids.                             distribution
                                                  facilities.
                                         211112  Natural gas liquid
                                                  extraction facilities.
Suppliers of Carbon Dioxide              325120  Industrial gas
 (CO2).                                           manufacturing
                                                  facilities.
------------------------------------------------------------------------

    Table 1 of this preamble is not intended to be exhaustive, but
rather provides a guide for readers regarding facilities likely to be
affected by this action. Types of facilities different from those
listed in the table could also be subject to reporting requirements. To
determine whether you are affected by this action, you should carefully
examine the applicability criteria found in 40 CFR part 98, subpart A
or the relevant criteria in the sections related to suppliers and
direct emitters of GHGs. If you have questions regarding the
applicability of this action to a particular facility, consult the
person listed in the preceding FOR FURTHER INFORMATION CONTACT Section.
    What is the effective date? The final rule is effective on January
1, 2014. Section 553(d) of the Administrative Procedure Act (APA), 5
U.S.C. Chapter 5, generally provides that rules may not take effect
earlier than 30 days after they are published in the Federal Register.
EPA is issuing this final rule under section 307(d)(1) of the Clean Air
Act, which states: ``The provisions of section 553 through 557 * * * of
Title 5 shall not, except as expressly provided in this section, apply
to actions to which this subsection applies.'' Thus, section 553(d) of
the APA does not apply to this rule. EPA is nevertheless acting
consistently with the purposes underlying APA section 553(d) in making
this rule effective on January 1, 2014. Section 5 U.S.C. 553(d)(3)
allows an effective date less than 30 days after publication ``as
otherwise provided by the agency for good cause found and published
with the rule.'' As explained below, EPA finds that there is good cause
for this rule to become effective on January 1, 2014, even though this
may result in an effective date fewer than 30 days from date of
publication in the Federal Register.
    While this action is being signed prior to December 1, 2013, there
is likely to be a significant delay in the publication of this rule as
it contains complex equations and tables and is relatively long. As an
example, then-Acting Administrator Bob Perciasepe signed the proposed
2013 Revisions Rule on March 8, 2013, but the proposed rule was not
published in the Federal Register until April 2, 2013. Further, we
anticipate that the partial federal government shutdown from October 1
to October 16, 2013, may have caused a backlog in the Federal Register
publication process that may cause additional delays. The purpose of
the 30-day waiting period prescribed in 5 U.S.C. 553(d) is to give
affected parties a reasonable time to adjust their behavior and prepare
before the final rule takes effect.
    To employ the 5 U.S.C. 553(d)(3) ``good cause'' exemption, an
agency must ``balance the necessity for immediate implementation
against principles of fundamental fairness which require that all
affected persons be afforded a reasonable amount of time to prepare for
the effective date of its ruling.'' \1\ Where, as here, the final rule
will be signed and made available on the EPA Web site more than 30 days
before the effective date, but where the publication is likely to be
delayed due to the complexity and length of the rule, the regulated
entities are afforded this reasonable amount of time. This is
particularly true given that most of the revisions being made in this
package provide flexibilities to sources covered by the reporting rule
or require no additional action by affected sources. Those amendments
that increase burden affect a very small number of new facilities and
include flexibility provisions such as Best Available Monitoring
Methods. We balance these circumstances with the need for the
amendments to be effective by January 1, 2014; a delayed effective day
would result in regulatory uncertainty, program disruption, and an
inability to have the amendments (many of which clarify requirements,
relieve burden, and/or are made at the request of the regulated
facilities) effective for the 2014 reporting year. Accordingly, we find
good cause exists to make this rule effective on January 1, 2014,
consistent with the purposes of 5 U.S.C. 553(d)(3).
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    \1\ Omnipoint Corp. v. FCC, 78 F3d 620, 630 (D.C. Cir. 1996),
quoting U.S. v. Gavrilovic, 551 F.2d 1099, 1105 (8th Cir. 1977).
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    Judicial Review. Under CAA section 307(b)(1), judicial review of
this final rule is available only by filing a petition for review in
the U.S. Court of Appeals for the District of Columbia Circuit (the
Court) by January 28, 2014. Under CAA section 307(d)(7)(B), only an
objection to this final rule that was raised with reasonable
specificity during the period for public comment can be raised during
judicial review. Section 307(d)(7)(B) of the CAA also provides a
mechanism for the EPA to convene a proceeding for reconsideration,
``[i]f the person raising an objection can demonstrate to EPA that it
was impracticable to raise such objection within [the period for public
comment] or if the grounds for such objection arose after the period
for public comment (but within the time specified for judicial review)
and if such objection is of central relevance to the outcome of the
rule.'' Any person seeking to make such a demonstration to us should
submit a Petition for Reconsideration to the Office of the
Administrator, Environmental Protection Agency, Room 3000, William
Jefferson Clinton Building, 1200 Pennsylvania Ave. NW., Washington, DC
20460, with a copy to the person listed in the preceding FOR FURTHER
INFORMATION CONTACT section, and the Associate General Counsel for the
Air and Radiation Law Office, Office of General Counsel (Mail Code
2344A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20004. Note that under CAA section 307(b)(2), the
requirements established by this final rule may not be challenged
separately in any civil or criminal proceedings brought by the EPA to
enforce these requirements.
    Acronyms and Abbreviations. The following acronyms and
abbreviations are used in this document.

APA Administrative Procedure Act
AR4 Fourth Assessment Report
ASTM American Society for Testing and Materials
BACT Best available control technology
BAMM best available monitoring methods
CAA Clean Air Act
CAMD Clean Air Markets Division
CBI confidential business information
CEMS continuous emissions monitoring system
CFR Code of Federal Regulations
CH4 methane
CO2 carbon dioxide
CO2e carbon dioxide equivalent
DOC degradable organic carbon
DOE Department of Energy
EAF electric arc furnace
e-GGRT Electronic Greenhouse Gas Reporting Tool
EIA Energy Information Administration
EPA U.S. Environmental Protection Agency
FBC fluidized bed combustor
FLIGHT Facility Level Information on Green House Gases Tool
FR Federal Register
F-GHG fluorinated greenhouse gas
F-HTF fluorinated heat transfer fluid
GHG greenhouse gas
GHGRP Greenhouse Gas Reporting Program
GWP global warming potential
HFC hydrofluorocarbon
Hg mercury
HHV high heat value
HQ Headquarters
ICR Information Collection Request
IPCC Intergovernmental Panel on Climate Change
ISBN International Standard Book Number
LDC Local Distribution Company
LPG liquid petroleum gases
Mscf thousand standard cubic feet
MSHA Mine Safety and Health Administration
MSW municipal solid waste
N2O nitrous oxide
NAICS North American Industry Classification System
NASA National Aeronautics and Space Administration

NGL natural gas liquid
NSPS New Source Review Performance Standards
NTTAA National Technology Transfer and Advancement Act of 1995
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
ORIS Office of the Regulatory Information System
PAL plant-wide applicability limits
PFC perfluorocarbon
PSD prevention of significant deterioration
PTE potential to emit
QA/QC quality assurance/quality control
R&D Research and Development
RFA Regulatory Flexibility Act
SAR Second Assessment Report
SF6 sulfur hexafluoride
SIP State implementation plan
TAR Third Assessment Report
TPY tons per year
UNFCCC United Nations Framework Convention on Climate Change
U.S. United States
UMRA Unfunded Mandates Reform Act of 1995
XML extensible markup language

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

I. Background
    A. How is this preamble organized?
    B. Background on the Action
    C. Legal Authority
    D. What GWP values are addressed in this notice?
II. Overview of Final Corrections and Other Amendments and Responses
to Public Comment
    A. Subpart A--General Provisions
    a. Summary of Comments and Responses on the Revision of the
GHGRP to Complement the Inventory and the Use of IPCC AR4 GWPs
    B. Subpart C--General Stationary Fuel Combustion Sources
    C. Subpart H--Cement Production
    D. Subpart K--Ferroalloy Production
    E. Subpart L--Fluorinated Gas Production
    F. Subpart N--Glass Production
    G. Subpart O--HFC-22 Production and HFC-23 Destruction
    H. Subpart P--Hydrogen Production
    I. Subpart Q--Iron and Steel Production
    J. Subpart W--Petroleum and Natural Gas Systems
    K. Subpart X--Petrochemical Production
    L. Subpart Y--Petroleum Refineries
    M. Subpart Z--Phosphoric Acid Production
    N. Subpart AA--Pulp and Paper Manufacturing
    O. Subpart BB--Silicon Carbide Production
    P. Subpart DD--Electrical Transmission and Distribution
Equipment Use
    Q. Subpart FF--Underground Coal Mines
    R. Subpart HH--Municipal Solid Waste Landfills
    S. Subpart LL--Suppliers of Coal-Based Liquid Fuels
    T. Subpart MM--Suppliers of Petroleum Products
    U. Subpart NN--Suppliers of Natural Gas and Natural Gas Liquids
    V. Subpart PP--Suppliers of Carbon Dioxide
    W. Subpart QQ--Importers and Exporters of Fluorinated Greenhouse
Gases Contained in Pre-Charged Equipment or Closed-Cell Foams
    X. Subpart RR--Geologic Sequestration of Carbon Dioxide
    Y. Subpart SS--Electrical Equipment Manufacture or Refurbishment
    Z. Subpart TT--Industrial Waste Landfills
    AA. Subpart UU--Injection of Carbon Dioxide
    BB. Other Technical Corrections
    CC. Subpart I Correction
III. Schedule for the Final Amendments and Republication of Emission
Estimates for Prior Year Reports
    A. Schedule for Final Amendments and Significant Comments
    B. Republication of Emissions Estimates for Prior Year Reports
and Significant Comments
IV. Confidentiality Determinations
    A. Final Confidentiality Determinations for New and Revised Data
Elements
    B. Public Comments on the Proposed Confidentiality
Determinations and Responses to Public Comment
V. Impacts of the Final Rule
    A. Impacts of the Final Amendments Due to Revised Global Warming
Potentials
    B. What are the impacts of the other amendments and revisions in
this final rule?
    C. Summary of Comments and Responses Regarding Impacts
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act

I. Background

A. How is this preamble organized?

    The first section of this preamble provides background information
regarding the origin of the final amendments. This section also
discusses the EPA's legal authority under the Clean Air Act to
promulgate and amend the Greenhouse Gas Reporting Rule (40 CFR part 98,
hereinafter referred to as ``Part 98''). Section II of this preamble
contains information on the final revisions to Part 98 and is organized
by Part 98 subpart. It also describes the major changes made to each
source category since proposal and provides a brief summary of
significant public comments and the EPA's responses on issues specific
to each source category. Section III of this preamble discusses the
effective date of the revisions for new and existing reporters and the
EPA's intent to publish a version of the Greenhouse Gas Reporting
Program (GHGRP) data for the reporting years 2010, 2011, and 2012 to
reflect a consistent time-series. Section IV of this preamble discusses
the confidentiality determinations for new or substantially revised
(i.e., requiring additional or different data to be reported) data
reporting elements. Section V of this preamble discusses the impacts of
the final amendments, including the impact of revised global warming
potentials (GWPs) on new and existing reporters. Finally, Section VI of
this preamble describes the statutory and executive order requirements
applicable to this action.

B. Background on the Action

    Part 98 was initially published in the Federal Register on October
30, 2009 (74 FR 56260). Part 98 became effective on December 29, 2009,
and requires reporting of GHGs from certain facilities and suppliers.
Subsequent notices were published in 2010 promulgating the requirements
for subparts T, FF, II, and TT (75 FR 39736, July 12, 2010); subparts
I, L, DD, QQ, and SS (75 FR 74774, December 1, 2010); and subparts RR
and UU (75 FR 75060, December 1, 2010). A number of subparts have been
revised since promulgation (75 FR 79092, December 17, 2010; 76 FR
73866, November 29, 2011;77 FR 10373, February 22, 2012; 77 FR 51477,
August 24, 2012; and subpart I, signed by the Administrator on August
16, 2013).
    On April 2, 2013, the EPA proposed amendments to provisions in Part
98 in the ``2013 Revisions to the Greenhouse Gas Reporting Rule and
Proposed Confidentiality Determinations for New or Substantially
Revised Data Elements'' (hereinafter ``2013 Revisions proposal'') (77
FR 19802). The EPA is finalizing those amendments in this action, with
certain changes following consideration of comments submitted.
Responses to significant comments submitted on the proposed amendments
can be found in Section II of this preamble.

C. Legal Authority

    The EPA is finalizing these rule amendments under its existing CAA

authority provided in CAA section 114. As stated in the preamble to the
2009 final GHG reporting rule (74 FR 56260, October 30, 2009), CAA
section 114(a)(1) provides the EPA broad authority to require the
information required to be gathered by this rule because such data
inform and are relevant to the EPA's carrying out a wide variety of CAA
provisions. See the preambles to the proposed (74 FR 16448, April 10,
2009) and final Part 98 (74 FR 56260) for further information.
    In addition, the EPA is finalizing confidentiality determinations
for certain new or substantially revised data elements required under
the proposed GHG Reporting Rule under its authorities provided in
sections 114, 301 and 307 of the CAA. As mentioned above, CAA section
114 provides the EPA authority to collect the information in Part 98.
Section 114(c) requires that EPA make publicly available information
obtained under section 114 except for information (excluding emission
data) that qualifies for confidential treatment. The Administrator has
determined that this final rule is subject to the provisions of section
307(d) of the CAA.

D. What GWP values are addressed in this notice?

    In the 2013 Revisions proposal, the EPA proposed to amend Table A-1
to Subpart A, General Provisions, Part 98 (hereinafter referred to as
``Table A-1'') to revise the GWP values for certain GHGs that have been
included in the Intergovernmental Panel for Climate Change (IPCC)
Fourth Assessment Report (hereinafter referred to as ``IPCC AR4'' or
``AR4'') \2\ and to add GWPs for 26 additional fluorinated GHGs that
are not currently included in the table. The GWPs in Table A-1 are used
to convert the emissions and supply data for each greenhouse gas into
carbon dioxide equivalents (CO2e).
---------------------------------------------------------------------------

    \2\ IPCC Fourth Assessment Report (AR4), 2007. Climate Change
2007: The Physical Science Basis. Contribution of Working Group I to
the Fourth Assessment Report of the Intergovernmental Panel on
Climate Change [Core Writing Team, Pachauri, R.K and Reisinger, A.
(eds.)]. IPCC, Geneva, Switzerland, 104 pp.
---------------------------------------------------------------------------

    As part of this action, the EPA is finalizing amendments to Table
A-1 to revise the GWPs of certain GHGs that are already listed in the
table to incorporate GWPs from the IPCC AR4. The EPA is finalizing
these changes for two reasons. First, the revisions improve the quality
of reported emissions and supply by reflecting improved scientific
understanding of direct and indirect radiative forcing and atmospheric
lifetimes of certain GHGs. Second, for these GHGs, the revisions ensure
comparability of data collected in the GHGRP to the Inventory of U.S.
Greenhouse Gas Emissions and Sinks (hereinafter referred to as
``Inventory'') that the EPA compiles annually to meet international
commitments and to GHG inventories prepared by other countries.
    After carefully considering comments received, the EPA is not
finalizing in this rulemaking the GWPs for the 26 additional
fluorinated GHGs not included in the IPCC AR4 that we proposed in the
2013 Revisions proposal. Based on comments that EPA should not include
compounds that are not included in an IPCC study or peer-reviewed, as
well as comments on permitting applicability, the EPA is reevaluating
its approach to assigning GWPs for compounds not included in the IPCC
AR4 and may address these compounds in a separate future action.

II. Overview of Final Corrections and Other Amendments and Responses to
Public Comment

    The EPA is finalizing technical corrections, clarifying revisions,
and other amendments to Part 98 to improve the quality and consistency
of the data collected by the EPA. Many of the changes proposed were in
response to feedback received from stakeholders during program
implementation. Sections II.A through II.AA of this preamble describe
the more substantive corrections, clarifying, and other amendments that
we are finalizing for each subpart, including changes that affect the
applicability of a subpart, changes that affect the applicability of a
calculation method to a specific source at a facility, changes or
corrections to calculation methods that substantially revise the
calculation method or output of the equation, revisions to data
reporting requirements that substantively clarify the reported data
element or introduce a new data element, clarifications of general
monitoring and quality assurance requirements, and changes to add new
definitions. We have summarized the amendments to each subpart in the
memorandum, ``Final Table of 2013 Revisions to the Greenhouse Gas
Reporting Rule'' (hereinafter referred to as the ``Table of 2013
Revisions'') available in the docket for this rulemaking (EPA-HQ-OAR-
2012-0934). The Table of 2013 Revisions describes each final change
within a subpart and includes many minor revisions that were proposed
but are not discussed in detail in this preamble (e.g., straightforward
clarifications of requirements to better reflect the EPA's intent,
simple corrections to calculation terms or cross-references that do not
affect the output of calculations, harmonizing changes within a subpart
(such as changes to terminology), simple editorial and minor error
corrections, or removal of redundant text). These minor revisions are
not discussed in this preamble because they do not substantially change
the applicability, calculation, monitoring, recordkeeping, or reporting
requirements of Part 98. The Table of 2013 Revisions also provides the
existing rule text, the finalized changes, and indications of which
amendments are being finalized as proposed and which amendments differ
from the changes proposed in the 2013 Revisions proposal.
    The amendments described in this preamble are listed in this
section by subpart. The amendments to each subpart are followed by a
summary of the major comments on those amendments and the EPA's
responses. Minor comments received on the proposed amendments and the
EPA's responses are available in the docket to this rulemaking (EPA-HQ-
OAR-2011-0934). Some of the comments received on the proposed
amendments included commenter suggestions of additional revisions to
Part 98 that were beyond the scope of the proposed rulemaking. These
additional revisions are identified in Sections II.K, II.N, II.R, and
II.BB of this preamble. Although we are not including the suggested
revisions in this final rule, the EPA reserves its discretion to
consider these comments in any future rulemaking.
    A complete listing of all comments and the EPA's responses is
located in the comment response document in Docket Id. No. EPA-HQ-OAR-
2012-0934.
    Additional rationale for these amendments is available in the
preamble to the proposed rule (78 FR 19802).

A. Subpart A--General Provisions

1. Summary of Final Amendments to Subpart A--Global Warming Potentials
    In this action, we are revising Table A-1 to subpart A of Part 98
by updating the GWP values of certain compounds. These changes affect
facilities and suppliers under Part 98 reporting the following
greenhouse gases: Methane (CH4), nitrous oxide
(N2O), sulfur hexafluoride (SF6), certain
hydrofluorocarbons (HFCs), certain perfluorocarbons (PFCs), and certain
other fluorinated greenhouse gases (F-GHGs).\3\
---------------------------------------------------------------------------

    \3\ Fluorinated greenhouse gases, as defined in 40 CFR 98.6,
include sulfur hexafluoride, nitrogen trifluoride, and any
fluorocarbon except for controlled substances as defined at 40 CFR
part 82, subpart A and substances with vapor pressures of less than
1 mm of Hg absolute at 25 degrees C.

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

    As proposed, we are revising GWPs for GHGs already in Table A-1 to
reflect more accurate GWPs from the IPCC AR4 to better characterize the
climate impacts of individual GHGs and to ensure continued consistency
with other U.S. climate programs, including the Inventory. The
amendments to the GWPs in Table A-1 that we are finalizing in this
notice are discussed in Section II.A.1 of this preamble. The EPA's
response to comments received on the proposed revisions to Table A-1
are in Section II.A.2 of this preamble. The schedule for implementing
these amendments is discussed in Section III.A of this preamble.
Section III.B of this preamble clarifies that the EPA is not requiring
the revision of reports previously submitted to reflect the revised
GWPs in Table A-1 or other amendments in this final rulemaking. Prior
year reports, using original GWPs, will remain publicly available.
However, the EPA will also publish a version of the CO2e
emissions and supply estimates for the reporting years 2010, 2011, and
2012 using the revised GWPs in Table A-1. This will allow the Agency
and public to view and compare trends in GHG data, beginning with the
first year of GHGRP reporting, using consistent GWPs and without
placing any additional burden on reporters.
    As discussed in the preamble to the 2013 Revisions proposal, the
revisions to the GWPs in Table A-1 will change not only the amount of
CO2e reported by existing reporters but also change the
number of reporters subject to Part 98. Some facilities to which the
rule did not previously apply will now meet the thresholds for
reporting based on increases in calculated CO2e. The EPA
received specific comments regarding the expansion of applicability
that could occur in certain sectors due to the revision of the GWP for
methane and due to certain sector-specific applicability and reporting
characteristics. For Municipal Solid Waste (MSW) Landfills, commenters
raised a specific concern related to the applicability for certain
closed landfills that would become subject to Part 98 due to the
revised GWP for methane. To address this concern, the EPA is amending
subpart HH, which covers MSW Landfills, as discussed in Section II.R of
this preamble.
    The EPA has also updated the impacts analysis to address comments
received on the proposed rule regarding compliance costs and to
incorporate data from the 2011 reporting year that became available
following the publication of the proposed rule. The impacts of the
final amendments for affected subparts, including the number of new
reporters for each subpart, are discussed in Section V of this
preamble.
    Summary of Final Amendments to Global Warming Potentials. For
compounds that are included in the IPCC AR4, the EPA is adopting the
AR4 GWPs as proposed. This approach will increase the accuracy of the
CO2e estimates reported and is in keeping with the Agency's
intent to have the GHGRP complement data compiled for the annual
Inventory and other EPA programs. Table 2 of this preamble lists the
final GWP values for each GHG. As discussed in Section I.D of this
preamble, the EPA may address compounds that are not included in AR4 in
a separate action.
---------------------------------------------------------------------------

    \4\ Each chemical substance has a universal, unique identifier
maintained in the Chemical Abstracts Service (CAS) Registry and
known as the substance's CAS Number. See http://www.cas.org/content/chemical-substances.

              Table 2--GHGs With Revised GWPs for Table A-1
------------------------------------------------------------------------
                                                              Global
                  Name                      CAS No.\4\        warming
                                                             potential
------------------------------------------------------------------------
Methane.................................         74-82-8              25
Nitrous oxide...........................      10024-97-2             298
HFC-23..................................         75-46-7          14,800
HFC-32..................................         75-10-5             675
HFC-41..................................        593-53-3              92
HFC-125.................................        354-33-6           3,500
HFC-134.................................        359-35-3           1,100
HFC-134a................................        811-97-2           1,430
HFC-143.................................        430-66-0             353
HFC-143a................................        420-46-2           4,470
HFC-152a................................         75-37-6             124
HFC-227ea...............................        431-89-0           3,220
HFC-236fa...............................        690-39-1           9,810
HFC-245ca...............................        679-86-7             693
HFC-43-10mee............................     138495-42-8           1,640
Sulfur hexafluoride.....................       2551-62-4          22,800
PFC-14 (Perfluoromethane)...............         75-73-0           7,390
PFC-116 (Perfluoroethane)...............         76-16-4          12,200
PFC-218 (Perfluoropropane)..............         76-19-7           8,830
PFC-3-1-10 (Perfluorobutane)............        355-25-9           8,860
Perfluorocyclobutane....................        115-25-3          10,300
PFC-4-1-12 (Perfluoropentane)...........        678-26-2           9,160
PFC-5-1-14 (Perfluorohexane)............        355-42-0           9,300
------------------------------------------------------------------------

    We are not revising GWPs for the remaining compounds in Table A-1,
which were promulgated in the original final Part 98 rulemaking.
Because the remaining F-GHGs in Table A-1 were not addressed by the
IPCC's Second Assessment Report (SAR) at the time that the original
Part 98 was finalized, the EPA promulgated GWPs for these compounds
from the IPCC AR4 in the October 30, 2009 final Part 98. The only
exception was the GWP for sevoflurane, which was not available in the
SAR or AR4; the EPA promulgated the GWP for sevoflurane based on a
peer-reviewed study.
    The EPA received multiple comments on the proposed revisions of the
GWPs

in Table A-1. In some cases, commenters disagreed with the need to
update the GHGRP to match the values used in the Inventory or disagreed
with the use of AR4 values. For example, we received multiple comments
requesting that the EPA consider more recently published values, or
wait until the publication of the IPCC Fifth Assessment Report
(hereinafter referred to as ``AR5'') to amend the GWPs in Table A-1. As
discussed in the preamble to the proposed rule, the EPA is adopting AR4
values for certain compounds currently in Table A-1 to increase the
accuracy of the CO2e estimates collected under the GHGRP to
better inform EPA policies. The AR4 GWPs will complement the reporting
metrics used in other U.S. climate programs, including the Inventory
that is submitted to the United Nations Framework Convention on Climate
Change (UNFCCC).\5\ The AR4 GWPs will also ensure the compatibility of
Part 98 with the President's Climate Action Plan and the U.S.
commitment to GHG emission reductions to the United Nations, both of
which reiterate President Obama's 2009 pledge that the U.S. would
reduce its GHG emissions by 17 percent below 2005 levels by 2020, which
both the U.S. and United Nations will assess using AR4 GWPs.\6\ We view
AR5 values as unlikely to come into use by the UNFCCC or other
widespread use for several years. For example, the IPCC finalized AR4
in 2007 but the UNFCCC has adopted these values for parties' Inventory
submissions just starting in 2015. Therefore, for those compounds in
Table A-1 for which a GWP is available in the AR4, we are adopting the
AR4 values as proposed and are not adopting GWPs from AR5. See Section
II.A.2.a of this preamble for the EPA's response to comments related to
the adoption of AR4 GWPs.
---------------------------------------------------------------------------

    \5\ Parties to the UNFCCC, including the U.S., have agreed to
submit annual reports in 2015 and future years using GWP values from
the IPCC AR4.
    \6\ The President's Climate Action Plan, Executive Office of the
President, June 2013, p. 4, http://www.whitehouse.gov/sites/default/files/image/president27sclimateactionplan.pdf; Jonathan Pershing,
Clarification of the U.S. Economy-Wide Target, http://unfccc.int/files/bodies/awg-lca/application/pdf/20120517_usa_0940.pdf; and
UNFCCC GE.11-70204, Subsidiary Body for Scientific and Technological
Advice 34th Session, 6-16 June 2011, Compilation of economy-wide
emission reduction targets to be implemented by Parties included in
Annex I to the Convention, FCCC/SB/2011/INF.1/Rev.1, pp. 7-8, http://unfccc.int/resource/docs/2011/sb/eng/inf01r01.pdf.
---------------------------------------------------------------------------

    We are not including GWPs from the World Meteorological
Organization (WMO) Scientific Assessment of Ozone Depletion: 2010
(Global Ozone Research and Monitoring Project-Report No. 52, 516 pp.,
Geneva, Switzerland, 2011) in this final rule. In the proposed rule,
the EPA sought comment on whether GWPs for fluorinated ethers and
alcohols from the WMO Scientific Assessment should be adopted in Table
A-1. We did not receive any comments related to the WMO on this
rulemaking; without any commenter support, we have decided not to adopt
GWPs from that assessment at this time.
    The subpart W calculations for annual mass of GHG emissions for gas
pneumatic device venting and natural gas driven pneumatic pump venting
in CO2e are calculated using a conversion factor that was
developed using the methane GWP from Table A-1. In addition, subpart W
total GHG emissions are calculated using an equation that references
numeric GWPs, instead of directly referencing Table A-1. Because the
GWP values that inform the methane calculations in these three
equations reference the previous GWP value, each equation needs to be
amended separately to account for the change in the numeric GWP value
for methane in Table A-1. While the EPA proposed that the new GWP apply
throughout all of Part 98, the EPA did not specifically propose
amendments to the regulatory text referencing the numeric GWP in these
three discrete equations. In addition to finalizing the GWP value for
methane in Table A-1, we are also amending the methane conversion
factor and methane GWP used in three subpart W equations to ensure the
correct GWP value for methane in Table A-1 is used in these
calculations. See Section II.J of this preamble for more information.
2. Summary of Comments and Responses--Global Warming Potentials
a. Summary of Comments and Responses on the Revision of the GHGRP To
Complement the Inventory and the Use of IPCC AR4 GWPs
    This section summarizes the significant comments and responses
related to the revision of the GHGRP to incorporate AR4 GWP values in
Table A-1 to complement the Inventory. See the comment response
document in Docket Id. No. EPA-HQ-OAR-2012-0934 for a complete listing
of all comments and responses.
    Comment: Four commenters expressed support for the EPA's proposal
to revise the GHGRP to complement the Inventory. One commenter stated
that the revision to the GWP of methane will enable the EPA to use the
subpart W reported data to update the annual Inventory. They noted that
the subpart W data will improve the accuracy of the Inventory's
estimated methane emissions for the natural gas sector. Several
commenters supported adoption of AR4 GWP values, because the IPCC is
the international leader in assessing climate change and determining a
scientifically based and standardized list of GHGs and associated GWPs.
These commenters reiterated that the EPA's commitment to report
emissions using IPCC methods is well articulated in the preamble to the
proposed rule, which states that the EPA is proposing revisions to
Table A-1 ``to ensure continued consistency with the Inventory as the
Inventory begins to use GWPs from the IPCC Fourth Assessment Report''
(77 FR 19807).
    Three commenters disagreed with EPA's proposal to incorporate AR4
GWP values. These commenters asserted that there is not a strong
scientific basis for updating the GWPs in Table A-1 to subpart A of
Part 98 to reflect the values adopted in the AR4. The commenters
contended that the proposed GWPs are not necessarily improved or more
technically precise than the values EPA has already adopted. The
commenters noted that the IPCC AR4 discussed some of the uncertainties
associated with the AR4 GWPs. They stated that the GWPs adopted by the
IPCC are derived using certain simplifications that have been the
subject of criticism and that shortcomings in scientific knowledge make
objective assessment of GHG impacts difficult.
    Some commenters suggested that the EPA wait to revise Table A-1
until after IPCC AR5 is released. These commenters contended that
international reporting data are outdated (for instance, they stated
that GWPs from the IPPC Second Assessment Report, which was finalized
in 1995, are required to be used for inventory reporting until 2015,
when values from AR4, which was finalized in 2007, will be
substituted), and are concerned that AR5 would not be incorporated into
inventory reporting until 2020 or later. They asserted that the EPA's
logic in proposing to replace the GWP values in the SAR with those in
the AR4 should apply equally to replacing the GWP values from the AR4
with those in the AR5 when they become available. They stated that U.S.
national and state regulation must be based on the latest and most
robust scientific consensus of climate science, including appropriate
GWPs, and that the advance of U.S. science and regulatory policy should
not be slowed by a non-identical international emission reporting
process designed for other purposes.
    Commenters also disputed the EPA's rationale of being bound by
UNFCCC reporting guidelines to use AR4 GWPs

starting in 2015 for purposes of annual reports of national GHG
inventories to the UNFCCC. One commenter stated that not incorporating
AR5 GWPs is unreasonable and will potentially compromise the integrity
of the GHGRP and future regulatory efforts based thereon. While the
commenter acknowledged the benefit in reporting national inventories
from around the world on a consistent basis, they maintained that the
published GHGRP data and the national GHG inventory are produced for
different purposes and need not use the same GWP values. The commenter
stated that the programs do not cover the same emissions or emission
sources, noting, for example, that the GHGRP requires reporting of a
wide variety of pollutants that are not required to be included in the
national inventories reported to UNFCCC.
    Response: As described in the preamble of the proposed GHG
Reporting Rule (74 FR 16448, April 10, 2009), the GHGRP is intended to
provide data to support EPA climate policy and to supplement and
complement existing U.S. government programs related to climate policy
and research, including the Inventory submitted to the UNFCCC. The
GHGRP provides data to develop and inform the Inventory and other U.S.
federal and state climate programs by advancing the understanding of
emission processes and monitoring methodologies for particular source
categories or sectors. For example, GHGRP data published through the
EPA's Facility Level Information on Green House gases Tool (FLIGHT) may
be used by state and local entities to better understand the
contribution of emissions from specific regional industries, or by EPA
regulatory programs to review emissions from certain facilities within
an industry to inform policy decisions. The GHGRP also complements the
Inventory and other U.S. programs by providing data from individual
facilities and suppliers above certain thresholds. Collected facility,
unit, and process-level GHG data from the GHGRP supplements national
statistics and improves the emission estimates presented in the
Inventory. During the development of Part 98, the EPA generally
proposed and finalized estimation methodologies and reporting metrics
that were based on recent scientific data and that were consistent with
the international reporting standards under the UNFCCC and the
Inventory.
    The goal of Part 98 is to collect data of sufficient accuracy and
quality to inform future climate policy development. In this final
rule, the EPA is adopting the proposed AR4 values in Table A-1 to
ensure more accurate CO2e emission and supply estimates are
collected for the GHGRP. As noted in the preamble to the proposed
amendments (78 FR 19808), the IPCC AR4 GWPs reflect advances in
scientific knowledge on the radiative efficiencies and atmospheric
lifetimes of carbon dioxide and certain greenhouse gases, taking into
account the increase in modeled atmospheric CO2
concentrations since the SAR was published. The GWP of a given gas is
dependent on the radiative efficiency of that gas, the lifetime of that
gas, and any indirect forcing effects of that gas, all relative to the
same values for carbon dioxide. The IPCC Third Assessment Report (TAR)
used updated values of these factors to provide more accurate GWPs than
did the IPCC SAR, and similarly the IPCC Fourth Assessment Report (AR4)
was an improvement over the TAR. The TAR stated that GWP updates were
made for those chemicals ``where significantly different new laboratory
or radiative transfer results have been published.'' \7\ In addition,
the TAR notes that the radiative efficiency of several gases, including
CO2, depend on the background concentration. As the
background concentration rises, the radiative efficiency of an
additional increment of that gas decreases. Due to updated background
concentrations and other updates, the TAR calculated a value for the
reference CO2 gas that was 13 percent smaller than the
similar calculation for the SAR; because all GWPs are calculated with
reference to CO2, this increases other GWPs
proportionally.\8\ The AR4 calculation for the reference CO2
gas, taking into account the continued increase in background
concentration, was 8.7 percent lower than the TAR value.\9\ The AR4
also relied on a number of publications that used experiments to
improve the estimates of the radiative efficiencies of a number of the
fluorinated compounds, with changes of up to 40 percent in those values
for some compounds.\10\ In addition, improved estimates of the effects
of methane on stratospheric water vapor, itself a greenhouse gas, led
to an increase in the factor used to estimate the GWP of methane due to
that effect of 15 percent rather than 5 percent as in the TAR and
SAR.\11\
---------------------------------------------------------------------------

    \7\ IPCC TAR WG1 (2001), Houghton, J.T.; Ding, Y.; Griggs, D.J.;
Noguer, M.; van der Linden, P.J.; Dai, X.; Maskell, K.; and Johnson,
C.A., ed., Climate Change 2001: The Scientific Basis, Contribution
of Working Group I to the Third Assessment Report of the
Intergovernmental Panel on Climate Change, Cambridge University
Press, ISBN0-521-80767-0 (pb: 0-521-01495-6), p. 385.
    \8\ IPCC TAR WG1, p. 386.
    \9\ IPCC Fourth Assessment Report (AR4), 2007. Climate Change
2007: The Physical Science Basis. Contribution of Working Group I to
the Fourth Assessment Report of the Intergovernmental Panel on
Climate Change [Core Writing Team, Pachauri, R.K and Reisinger, A.
(eds.)]. IPCC, Geneva, Switzerland, p. 211.
    \10\ AR4, p. 211.
    \11\ AR4, p. 214.
---------------------------------------------------------------------------

    As such, each successive assessment provides more accurate GWP
estimates as experiments and improved computational methods lead to
more accurate estimates of the radiative efficiencies, atmospheric
lifetimes, and indirect effects of the various gases. Additionally, the
more recent assessments reflect more up-to-date background
concentrations, which are necessary for accurately calculating the
radiative efficiency of the different gases. The AR4 GWPs for these F-
GHGs are therefore more accurate for comparison of the climate impacts
of individual GHGs than the values from the IPCC SAR that were
originally adopted in Table A-1, and are more appropriate for
supporting the overall goals of the GHGRP. For the reasons stated
above, we disagree with the commenters that stated there is not a
strong scientific basis for updating the GWPs in Table A-1 to reflect
the values in the IPCC AR4.
    In the development of the 2009 final reporting rule, the EPA
responded to concerns regarding the use of the GWP metric and
determined that GWP is the most prudent and appropriate approach for
comparison of the climate impacts of individual greenhouse gases that
have varying radiative efficiencies and atmospheric lifetimes (see
Volume 2 of USEPA's Response to Public Comments on the Mandatory
Greenhouse Gas Reporting Rule: Selection of Reporting Thresholds,
Greenhouses Gases, and De Minimis Provisions, Docket Id. No. EPA-HQ-
OAR-2008-0508-2259). The GWP metric inherently reflects the atmospheric
life-span of GHGs and is an internationally accepted standard
recognized and utilized by the IPCC, UNFCCC, and Kyoto Protocol.
    As discussed in the preamble to the proposed amendments, one of the
reasons we proposed AR4 GWPs for the chemicals currently in Table A-1
was to maintain consistency with the Inventory and similar U.S.
domestic programs. This is consistent with our approach to date under
the GHGRP; in the 2009 final reporting rule, the EPA specifically chose
to use GWPs published in the IPCC Second Assessment Report for GHGs
included in that report to allow comparisons between the Inventory,
other U.S. climate programs, and the GHGRP. The EPA has received

encouragement from stakeholders to continue to use GHG data from the
GHGRP to complement and support development of the Inventory, such as
for improvements to emissions estimates from the petroleum and natural
gas production source categories. Using consistent GWPs allows for more
efficient review of data collected through the GHGRP and other U.S.
climate programs and reduces the potential errors that may arise when
comparing multiple data sets or converting GHG emissions or supply
based on separate GWPs. It also reduces the burden for reporters and
agencies to keep track of separate GWPs when submitting information to
these programs.
    As discussed in the preamble to the proposed amendments, countries
that submit inventories to the UNFCCC have decided to begin using GWP
values from the IPCC AR4 for annual inventories submitted in 2015 and
expected to continue to use the AR4 GWPs for several years thereafter.
Accordingly, the United States has a policy commitment to begin using
GWP values from the IPCC AR4 for annual inventories submitted in 2015
and beyond. Because one of the purposes of the GHGRP is to supplement
the Inventory, the EPA determined that it is most appropriate to adopt
the AR4 GWPs for the compounds currently in Table A-1 for the annual
GHGRP reports submitted in 2014, in order to meet the needs of the
Inventory timeframe. As noted in Section II.A.1 of this preamble, use
of the AR4 GWPs will also ensure compatibility of the GHGRP with the
President's Climate Action Plan and the U.S. commitment to GHG emission
reductions to the United Nations.\12\
---------------------------------------------------------------------------

    \12\ The President's Climate Action Plan, Executive Office of
the President, June 2013, p. 4, http://www.whitehouse.gov/sites/default/files/image/president27sclimateactionplan.pdf; Jonathan
Pershing, Clarification of the U.S. Economy-Wide Target, http://unfccc.int/files/bodies/awg-lca/application/pdf/20120517_usa_0940.pdf; and UNFCCC GE.11-70204, Subsidiary Body for Scientific and
Technological Advice 34th Session, 6-16 June 2011, Compilation of
economy-wide emission reduction targets to be implemented by Parties
included in Annex I to the Convention, FCCC/SB/2011/INF.1/Rev.1, pp.
7-8, http://unfccc.int/resource/docs/2011/sb/eng/inf01r01.pdf.
---------------------------------------------------------------------------

    The EPA agrees with commenters that using the latest and most
robust GWPs from the IPCC AR5 for the compounds currently in Table A-1,
once AR5 is published, could lead to more accurate assessments of
climate impacts in the future. We considered waiting until publication
of AR5 values and adopting those values for Table A-1, as suggested by
commenters. We balanced the benefits of adopting more recent GWPs to
better characterize national GHG emissions and inform EPA policies with
the benefit of retaining consistency across national and international
programs, particularly the Inventory, for compounds that are included
in AR4, and we believe that a potential gain in accuracy does not
justify the loss of consistency with UNFCCC reporting (and associated
policy analysis) that would result.\13\ Specifically, we considered
that even though we anticipate that the AR5 GWPs will be published in
coming months, the AR5 assessment has not been yet adopted by the
UNFCCC or other national or international programs and is not likely to
be in the near future.\14\ Wholesale adoption of AR5 GWPs by the GHGRP
while other EPA and international programs are using AR4 GWPs likely
would cause stakeholder confusion, create an ongoing need to explain
the distinction in GWPs in subsequent actions, and complicate decision-
making.
---------------------------------------------------------------------------

    \13\ While the AR5 GWPs have not been publicly available during
the development of this rule, the GWPs published in a recent article
are likely to be the basis of updated GWPs in AR5. See Hodnebrog,
[Oslash]., M. Etminan, J. S. Fuglestvedt, G. Marston, G. Myhre, C.
J. Nielsen, K. P. Shine, and T. J. Wallington, ``Global Warming
Potentials and Radiative Efficiencies of Halocarbons and Related
Compounds: A Comprehensive Review,'' Reviews of Geophysics, Accepted
manuscript online: 24 APR 2013.
    \14\ AR4 was published in 2007 and is being adopted for
Inventory reporting starting in 2015. ``Revision of the UNFCCC
reporting guidelines on annual inventories for Parties included in
Annex I to the Convention,'' FCCC/CP/2011/9/Add.2, Decision 6/CP 17,
15 March 2012, available at http://unfccc.int/resource/docs/2011/cop17/eng/09a02.pdf#page=23. AR5 is anticipated to be published in
late 2013; adoption of AR5 for Inventory reporting is likely to be
on a similar timeframe, if at all.
---------------------------------------------------------------------------

    The adoption of AR4 GWPs for those compounds currently in Table A-1
will improve the GHGRP, and by extension, EPA climate policies, by
incorporating more scientifically accurate GWPs than the SAR values
originally adopted in Table A-1. This approach also ensures that the
GHGRP uses widely relied on, published, peer-reviewed GWP data. As
discussed in the next comment and response, the EPA may consider
adoption of AR5 GWPs or other GWP values for compounds currently listed
in Table A-1 if these values are adopted by the UNFCCC and the global
community.
    Comment: Several commenters were concerned about the frequency with
which the EPA intends to update Table A-1 in the future. One commenter
contended that the EPA's proposed GWP revisions will not achieve
consistency with the Inventory because it would create confusion across
reporting years. The commenter stated that industry should not have to
adjust data collection and reporting protocols due to revised GWPs
after only three years of reporting. Commenters were concerned that
frequent future revisions to GWPs would place unnecessary burdens on
reporters and would affect other regulatory programs that rely on the
Part 98 GWPs, such as the title V and Prevention of Significant
Deterioration (PSD) permitting programs under the EPA's Tailoring Rule
(75 FR 31532, June 3, 2010). Two additional commenters expressed
concern that future revisions to the GWP values by the IPCC would drive
further rule revisions by the EPA. The commenters stated that if the
EPA's desire is to ensure consistency between the Inventory and GHGRP,
future changes to the GWP values seem inevitable. They stated that
these changes, if adopted, may require sources to constantly change
their data gathering and evaluation protocols for reporting and require
sources to continually revise (or have the EPA revise) their prior year
submissions.
    Response: At the time that Part 98 was proposed, it was the EPA's
intent to require reporting of emissions of individual gases as well as
emissions in CO2e. We explained that because GHGs have
different heat trapping capacities, they are not directly comparable
without translating them into common units (74 FR 16453, April 10,
2009). We intended at that time to allow for future updates of the GWPs
in Table A-1 to reflect advances in the scientific research on the heat
trapping capacities of individual gases. For example, in the proposed
2009 GHG Reporting Rule, the EPA explained the collection of individual
gas emissions and conversion of emissions to CO2e and noted
that ``reporting the quantity and type of gas emitted allows for future
recalculation of CO2e emissions in the event that GWP
factors change'' (74 FR 16448, April 10, 2009).
    As discussed in this section of this preamble, we have determined
that it is appropriate to update certain GWP values already in Table A-
1 to the IPCC AR4 values, adopted by the UNFCCC for national inventory
reporting beginning in 2015, at this time. However, as stated in the
preamble to the 2013 Revisions proposal, the EPA does not intend to
revise the GWPs in Table A-1 each time new data are published in the
scientific literature. Instead, we intend to update GWPs periodically
in the future as the UNFCCC reporting guidelines change (i.e., when the
UNFCCC adopts values from a future IPCC assessment for

compounds that are currently listed in AR4) and possibly as updated
GWPs for new compounds are published in IPCC or WMO assessments or in
other peer-reviewed literature. We note that there are generally
significant lag times in adoption of new values by the UNFCCC. In the
past, the parties to the UNFCCC have only infrequently updated the GWPs
that countries use to report their GHG emissions (i.e., less than once
every 10 years). Significant time may pass between publication of peer-
reviewed GWPs, their adoption into IPCC scientific assessments of GWPs,
and their subsequent adoption into the UNFCCC reporting guidelines.
With these considerations, we will continue to weigh the benefits of
updating the GHGRP GWPs to more current values against the benefits of
maintaining the values used by the international reporting community
and the values used in other U.S. climate programs, such as the joint
EPA and National Highway Traffic Safety Administration (NHTSA) Light-
Duty Vehicle GHG Emission Standards. The latter benefits include
minimizing confusion and policy uncertainty. However, we consider
periodic updates to Table A-1 to be necessary to ensure that the GHGRP
incorporates scientific advances in climate science to best inform EPA
policies and programs, such as regulatory options and voluntary
reduction partnerships, and to provide accurate information to other
stakeholders. We also acknowledge that although the GHGRP may collect
and publish data using the AR4 GWPs or GWPs published in other peer-
reviewed literature, the EPA and other policymakers may analyze the
data collected using other GWPs as desired. For example, we received
comments that the EPA should finalize the GWP values from IPCC AR5 when
they are released (discussed above in this section of the preamble);
while we are instead finalizing the GWP values from AR4, the GHGRP data
is presented in a manner that stakeholders can calculate CO2
other GWPS as desired.
    The EPA recognizes that for some subparts, adoption of higher GWPs
for certain compounds in Table A-1 (e.g., methane) could potentially
place some facilities above the reporting threshold for Part 98 and
increase the number of facilities that are affected by other EPA or
state programs that have thresholds that rely on the GWPs in Table A-1
(e.g., EPA's Tailoring Rule) (see Section II.A.2.c and Section V of
this preamble).We acknowledge that frequent adoption of new GWP values
could also disrupt the continuity of data across a time-series, making
it more difficult for regulatory agencies and stakeholders to analyze
and compare previously reported data. The EPA is addressing that
concern for these final amendments by publishing a consistent time
series with the revised GWPs while maintaining the certified emission
reports; see Section III.B of this preamble for more information. With
these considerations, the Agency intends to balance the need to update
Table A-1 to incorporate scientific advancements with the impact on the
number of reporters subject to Part 98, the accuracy of reported
emissions, and the impacts to other regulatory programs.
b. Summary of Comments and Responses on the Use of 100-Year GWPs
    Comment: One commenter agreed that the 100-year GWPs should be
updated, but objected to the value the EPA proposed for methane,
stating that the GWP of 25 (from the IPCC AR4) is out of date. The
commenter stated that subsequent to the completion of AR4, the National
Aeronautics and Space Administration (NASA) published an article in
Science (Shindell, 2009) \15\ further updating the value for methane's
100-year GWP to incorporate net direct and indirect radiative forcing
impacts from aerosols, which the prior AR4 estimates did not
contemplate. This commenter contended that the EPA should adopt NASA's
GWP of 33 for methane on a 100-year time horizon. Otherwise, the
commenter maintained, known net impacts from aerosols will be ignored
in the reported (calculated) emissions values, and decision-makers will
not be informed of the correct impact of sources of methane emissions
when developing climate action plans. The commenter stated that if the
EPA does not use NASA's GWP value, then the agency should wait until
the release of the IPCC AR5 and use that report's GWP for methane.
---------------------------------------------------------------------------

    \15\ Shindell, D. T., Faluvegi, G., Koch, D. M., Schmidt, G. A.,
Unger, N., & Bauer, S. E. (2009). Improved attribution of climate
forcing to emissions. Science, 326(5953), 716-718.
---------------------------------------------------------------------------

    Several commenters requested that the EPA reconsider our prior
decision to adopt only a 100-year GWP for methane. While many
commenters supported the EPA's use of 100-year GWPs in the rule, we
received a number of generalized messages requesting that we use 20-
year GWP values in addition to the 100-year values. These commenters
believe the use of the 20-year GWPs in the GHGRP would have important
policy implications, because the exclusive use of a 100-year GWP
implies that the only period of concern for climate change is 100
years. The EPA received five unique comment letters recommending that
facility and supplier CO2e emissions data be calculated
using both the 100-year GWP and 20-year GWP. One commenter added that
facilities emitting 25,000 tons CO2e per year (calculated
using either a 100-year or 20-year GWP) should be required to report
under Part 98. Another commenter requested that the EPA use only the
20-year values, instead of the 100-year values.
    Several commenters referenced a variety of articles, studies, and
conference proceedings supporting the idea that the reduction of
methane is critical to slow down the rate of global warming and to
reduce future peak temperatures. They believe the 100-year GWP the EPA
uses de-emphasizes the importance and potential benefits of reducing
the emissions of methane.
    Two commenters disagreed with the EPA's rationale for requiring
reporting based solely on 100-year GWP values, which is to maintain
consistency with the UNFCCC's agreement to report national inventories
for international purposes based on the 100-year GWP. Another commenter
argued the GHGRP is intended to inform regulation of GHGs under the
CAA. This commenter notes the IPCC has stated, ``if the policy emphasis
is to help guard against the possible occurrence of potentially abrupt,
non-linear climate responses in the relatively near future, then a
choice of a 20-year time horizon would yield an index that is relevant
to making such decisions regarding appropriate greenhouse gas abatement
strategies.'' \16\ Other commenters supported the EPA's adoption of the
AR4 GWP for methane of 25, which is based on the 100-year time horizon.
---------------------------------------------------------------------------

    \16\ IPCC, Climate Change 1994: Radiative Forcing of Climate
Change and an Evaluation of the IPCC IS92 Emission Scenarios 229.
(John T. Houghton et al., ed., Cambridge University Press 1995).
---------------------------------------------------------------------------

    Response: As noted in the ``Response to Comments on Final Rule,
Volume 3: General Monitoring Approach, the Need for Detailed Reporting,
and Other General Rationale Comments'' (see Docket Id. No EPA-HQ-OAR-
2008-0508-2260), the EPA selected the 100-year GWPs because these
values are the internationally accepted standard for reporting GHG
emissions. For example, the parties to the UNFCCC agreed to use GWPs
that are based on a 100-year time period for preparing national
inventories, and the reports submitted by other signatories to the
UNFCCC use GWPs based on a 100-year time period, including the GWP for
methane and certain GHGs identified as short-lived

climate pollutants. These values were subsequently adopted and used in
multiple EPA climate initiatives, including the EPA's SNAP program and
the Inventory, as well as EPA voluntary reduction partnerships (e.g.,
Natural Gas STAR). The EPA noted at the time that Part 98 was finalized
that alternative metrics for comparing the potential climate impacts of
different GHGs were being considered by the IPCC. However, the IPCC has
not made a recommendation regarding adoption of the 20-year metric.
Furthermore, although the UNFCCC has updated the international
reporting guidelines to reference GWPs from AR4 for the year 2015 and
beyond, the guidelines continue to specify GWPs with a 100-year time
horizon. We have reviewed the NASA Science publication (Shindell et
al., 2009) \17\ referenced by the commenter that provides a 100-year
GWP for methane of 33. However, as discussed above, the EPA has decided
to adopt AR4 values across the board because it is beneficial for both
regulatory agencies and industry to use the same GWP values for these
GHG compounds because it allows for more efficient review of data
collected through the GHGRP and other U.S. climate programs, reduces
potential errors that may arise when comparing multiple data sets or
converting GHG emissions or supply based on separate GWPs, and reduces
the burden for reporters and agencies to keep track of separate GWPs.
---------------------------------------------------------------------------

    \17\ Shindell, D. T., Faluvegi, G., Koch, D. M., Schmidt, G. A.,
Unger, N., & Bauer, S. E. (2009). Improved attribution of climate
forcing to emissions. Science, 326(5953), 716-718.
---------------------------------------------------------------------------

    Regarding the use of 20-year GWPs, human-influenced climate change
occurs on both short (decadal) and long (millennial) timescales. While
there is no single best way to value both short and long-term impacts
in a single metric, the 100-year GWP is a reasonable approach that has
been widely accepted by the international community. If the EPA were to
adopt a 20-year GWP solely for methane, or for certain other compounds,
it would introduce a metric that is inconsistent with both the GWPs
used for the remaining Table A-1 gases and with the reporting
guidelines issued by the UNFCCC and used by the Inventory and other EPA
programs. Additionally, the EPA and other federal agencies, calculating
the impact of short-lived climate forcers using 100-year GWPs, are
making reduction of short-lived climate forcers a priority.\18\ For the
reasons described above, the EPA is retaining a 100-year time horizon
as the standard metric for defining GWPs in the GHGRP.
---------------------------------------------------------------------------

    \18\ E.g., U.S. Leadership on the Global Methane Initiative
(http://www.epa.gov/globalmethane/) and Climate and Clean Air
Coalition to Reduce Short-Lived Climate Pollutants (http://www.state.gov/r/pa/prs/ps/2012/02/184055.htm).
---------------------------------------------------------------------------

c. Summary of Comments and Responses on the Relationship of the Final
Rule to Other EPA Programs (e.g., Tailoring Rule Programs) or State
Programs
    This section summarizes the significant comments and responses
related to the relationship between the final rule and other EPA
programs. See the comment response document in Docket Id. No. EPA-HQ-
OAR-2012-0934 for a complete listing of all comments and responses
related to this topic.
    Comment: Several commenters noted that changes to the GWPs in Table
A-1 and any changes to the gases listed in Table A-1 create
discontinuities in the assessment of emissions under permitting rules,
which can create shifts in permitting requirements. In the case of
title V permitting, commenters stated that facilities that become
subject to title V as the result of revisions to Table A-1 should be
allowed at least one year from the publication date of the revisions to
assess the impact of the changes, submit a title V application, or
apply for a synthetic minor limit to avoid title V. Commenters further
stated that if a source has taken a synthetic minor limit on its
CO2e emissions to remain below the title V applicability
threshold and is unable to meet the synthetic minor limit due to the
revisions to the GWPs, then facilities should have a one year period to
assess emissions, determine if the synthetic minor permit is no longer
viable, and apply for the appropriate permit. Commenters stressed that
there should be no penalty for non-compliance with the synthetic minor
limit or title V permitting requirement. Commenters expressed similar
concerns regarding new construction and modifications becoming subject
to PSD requirements due to revisions to GWP values.
    Some commenters argued revisions to the GWP values impact
compliance with existing CO2e permit limits for PSD
avoidance, Best Available Control Technology (BACT), and plant-wide
applicability limits (PAL). They also requested sources be allowed to
continue using the old GWP values for a period of one year, so that
affected facilities may seek revisions to their permits,
redeterminations, or recalculation of these limits, as applicable. The
commenters recommended a provision designed to allow facilities time to
incrementally adjust to changes in the current rules be made available
if a change in the GWPs presents a problem for meeting a PAL that
cannot be resolved.
    One commenter asserted that while section 114 of the CAA, 42 U.S.C.
7414, is cited as the basis for the proposed rule, section 114 does not
empower the EPA to change the thresholds for major source
determinations under other programs, such as the Prevention of
Significant Deterioration (PSD) and title V permitting programs. The
commenter explained that section 114 governs recordkeeping and
inspections, and that it allows the EPA to require sources to provide
data about air emissions. The commenter stated that the amendments to
the GWP values affect the major source and permitting thresholds and
therefore, any changes to Table A-1 must be proposed and finalized
under the EPA's authority to implement the relevant permitting program.
Specifically, the commenter asserted that amendments to the PSD program
must be made pursuant to CAA sections 160-169, the Indian Country minor
source rule must be amended pursuant to CAA sections 171-179B, and the
title V program must be amended pursuant to CAA sections 501-507. The
commenter stated that revisions to Table A-1 should be evaluated and
processed by EPA's Office of Air Quality Planning and Standards (OAQPS)
because OAQPS published the Tailoring Rule and traditionally handles
substantive permitting regulations. Several commenters requested the
EPA provide clear guidance in the final rule addressing how PSD and
title V issues resulting from GWP revisions should be handled.
    Response: As the EPA noted in the preamble to the Tailoring Rule
(75 FR 31514, June 3, 2010), the Tailoring Rule codifies Table A-1 to
Subpart A of 40 CFR part 98 for the purpose of calculating emissions of
CO2e for determining Prevention of Significant Deterioration
(PSD) and title V applicability for GHG (75 FR 31522). This approach
was adopted in lieu of codifying IPCC values, which may change more
frequently over time, and to provide certainty as to which GWP values
need to be used. We explained, ``[a]ny changes to Table A-1 of the
mandatory GHG reporting rule regulatory text must go through an
appropriate regulatory process. In this manner, the values used for the
permitting programs will reflect the latest values adopted for usage by
the EPA after a regulatory process and will be consistent with those
values used in

the EPA's mandatory GHG reporting rule'' (75 FR 31532). Furthermore,
this Part 98 notice-and-comment process ``will ensure advance notice of
such a change'' for sources that may be subject to the Tailoring Rule.
See U.S. EPA, ``Prevention of Significant Deterioration and Title V GHG
Tailoring Rule: EPA's Response to Public Comments,'' May 2010 (Docket
Id. No. EPA-HQ-OAR-2009-0517-19181), p. 101, n.5. Thus, as the EPA
noted in the proposal to these Part 98 revisions, because permitting
applicability is based partly on CO2e emissions, an
amendment to Table A-1 may affect program applicability for a source.
    The EPA disagrees with the commenter who asserted that the EPA is
changing the thresholds for major source determinations under the PSD
and title V permitting programs in this rule. The Tailoring Rule
references GWP values from Part 98 Table A-1 and uses them to calculate
CO2e emissions values, so the GWP changes in this final rule
may affect the calculation of GHG emissions for individual sources
relative to those thresholds. However, this final rule does not modify
the major source thresholds of the PSD and title V permitting programs
or any other EPA program, nor does it modify the ``subject to
regulation'' thresholds for GHG established under the Tailoring Rule.
    The EPA acknowledges that amendments to Table A-1 may result in an
existing facility becoming subject to title V permitting. A stationary
source may be a major source subject to title V permitting requirements
solely on the basis of its GHG emissions, provided the source's
emissions exceed the thresholds established in the Tailoring Rule. GHG
emission sources that emit or have the potential to emit (PTE) at least
100,000 (tons per year) TPY CO2e (calculated using GWPs),
and also emit or have the PTE 100 TPY of GHGs on a mass basis
(calculated without GWPs) are required to obtain a title V permit if
they do not already have one.
    While the EPA does not believe that many sources will change their
title V applicability status as a result of this Table A-1 revision, it
is conceivable that an existing source with a PTE just beneath the
title V thresholds on a CO2e basis may find that the revised
GWP values result in a PTE calculation that makes the source a ``major
source'' under title V. This determination would depend on what GHG
compound(s) the source emits, the amount of the compound emitted, and
if the GWP of the compound is increasing or decreasing. For example, a
hypothetical source that emits only methane and no other GHG compounds
or other regulated NSR pollutants has a PTE of 90,000 TPY
CO2e in 2012 and is therefore not a title V major source.
However, in 2014, once the new GWPs are effective for this hypothetical
source, it could have emissions that make it a major source of GHG
under title V, because its mass emissions are at least 100 TPY and its
calculated PTE would be approximately 107,000 TPY CO2e as a
result of methane's GWP increasing from 21 to 25 (assuming the source
does not take a restriction on its methane emissions).
    A source applying for a title V permit for the first time must
submit its permit application within 12 months after the source
``becomes subject to the [operating] permit program'' or such earlier
time that the permitting authority may require (see 40 CFR 70.5(a)(1)).
As the EPA noted in the title V Narrowing Rule,\19\ a source ``becomes
subject to'' title V permitting when there is an EPA-promulgated or
approved permit program ``applicable to the source.'' See 75 FR 82259,
n. 8; CAA section 503(a). Thus, the exact date that the new GWPs will
become effective for purposes of title V applicability may vary,
depending on the status of the applicable title V program as it relates
to GHG sources and on how the GWPs are incorporated into the applicable
title V permit program. For example, the federal part 71 permit program
will begin using the revised GWPs upon the effective date of this rule,
and some states may similarly have title V programs that automatically
update the GWP values. However, other states may have approved title V
programs that require revision to use the revised GWP values for title
V permitting, or may even still lack authority to permit major sources
of GHG under title V. In the example above, the hypothetical source of
methane whose PTE calculation increased to 107,000 TPY CO2e
would have up to a year from becoming subject to title V permitting
under the applicable title V program to submit an application for a
title V operating permit.
---------------------------------------------------------------------------

    \19\ Action To Ensure Authority To Implement Title V Permitting
Programs Under the Greenhouse Gas Tailoring Rule (75 FR 82254, Dec.
30, 2010).
---------------------------------------------------------------------------

    A source may be able to avoid the requirement to have a title V
permit if it has been issued a synthetic minor source permit that
limits its PTE below the major source thresholds (including the
CO2e-based ``subject to regulation'' threshold) for title V
applicability.\20\ It may be advisable for the terms of the synthetic
minor permit to impose limits on GHGs on a mass basis, rather than a
CO2e basis (even where the purpose of the permit is to limit
a source's PTE below 100,000 CO2e). For such mass-based
limits, a change in the GWP of the pollutant does not render the source
out of compliance with the synthetic minor source limit, although the
source may need to obtain a revised synthetic minor source limit to
maintain its synthetic minor source status and avoid the need for a
title V permit as a major source (i.e., if the change in GWPs makes the
source a title V major source under the conditions of the original
minor source permit).
---------------------------------------------------------------------------

    \20\ In general, a source has up to one year to either apply for
a title V permit, or be issued a synthetic minor permit to avoid
title V applicability (but merely applying for a synthetic minor
permit within 12 months is not sufficient to avoid title V
applicability).
---------------------------------------------------------------------------

    The EPA recognizes that there also may be synthetic minor source
permit limits that are established solely in terms of CO2e.
This may occur at a source that emits multiple GHG compounds and seeks
flexibility in managing its GHG emissions. In such cases, the source
should analyze any permit and regulatory provisions governing the
calculation of CO2e for purposes of compliance with the
permit. Even where the calculation of CO2e under those
provisions would change for a source, the EPA believes most sources
will still be able to comply with its synthetic minor source permit
because there is no GWP change for CO2 and the change in GWP
for the other GHG compounds is generally small. Thus, we do not expect
the GWP revisions to significantly alter CO2e emissions for
most types of sources, particularly sources in which most of their GHG
emissions result from fuel combustion. However, where a source
anticipates difficulty in compliance with its synthetic minor source
limit, it should work with its permitting authority to revise its
permit to ensure compliance with the requirements of the permit and of
title V.
    The EPA also acknowledges that this action will affect the
applicability of the PSD permit program for the proposed construction
of new sources and proposed modifications of existing sources. As of
the effective date of the Part 98 rule revisions, proposed sources and
proposed modifications, including proposed PALs and PAL renewals, will
need to calculate their GHG PTE and determine PSD applicability based
on the revised GWPs. However, PSD permitting obligations should not be
affected for a source or modification that has either already obtained
a PSD permit or begun actual construction at a time when it was
legitimately

considered a source that did not require a PSD permit (See 75 FR 51593-
94, August 20, 2010). This approach is consistent with our PSD
permitting regulations that provide: ``[n]o new major stationary source
or major modification to which the requirements of paragraphs (j)
through (r)(5) of this section apply shall begin actual construction
without a permit that states the major stationary source or major
modification will meet those requirements'' 40 CFR 51.166(a)(7)(iii);
40 CFR 52.21(a)(2)(iii). We do not interpret these provisions to
prevent a source or modification from continuing construction when that
source or modification has been legitimately determined not to trigger
PSD permitting obligations and has begun actual construction before the
effective date of the Part 98 regulations. Similarly, we do not
interpret these provisions to prevent a source with a PSD permit issued
before the Part 98 regulations become effective from beginning or
continuing construction under that permit, as long as that permit has
not expired.
    Likewise, the GWP revisions should not affect past permitting
actions for a source that has obtained a final PSD permit before these
revisions to Part 98 become effective, regardless of whether or not
that PSD permit included GHG limits. The EPA generally does not require
reopening or revision of PSD permits that are issued prior to the
effective date of a new requirement. See 75 FR 31593; Memorandum from
John S. Seitz, Director OAQPS, New Source Review (NSR) Program
Transitional Guidance, page 6 (March 11, 1991). Consistent with this
approach, PSD permits based on earlier GWPs that are issued in final
form prior to the effective date of these Part 98 rule revisions would
not have to be revised or reopened solely due to the promulgation and
effectiveness of these Part 98 rule revisions. Furthermore, compliance
with final PSD permits that include BACT limits based on
CO2e, PALs based on CO2e, and with other permit
conditions that utilize GWPs from Table A-1 may be determined based on
the GWPs that were in effect at the time of permit issuance (even if
the permit does not specify the applicable GWP value).
    While adoption of the Part 98 revisions will automatically apply in
some PSD permit programs, other programs will have to engage in a state
implementation plan (SIP) adoption process. Specifically, these new GWP
values will apply immediately upon the effective date of this rule for
PSD programs administered by EPA Regions and for those administered by
``delegated'' states that rely upon 40 CFR 52.21, as well as in any
state with a SIP that automatically updates when either 40 CFR sections
51.166 or 52.21 are revised (e.g., the state regulations incorporate by
reference 40 CFR 52.21 without specifying an ``as of'' date of
incorporation). However, some states will need to adopt the changes to
the GWPs into their SIP before they become effective in their state
permitting programs. This provides additional transitional time for
sources in those states to comply with the required changes before the
GWPs become effective in those states.
    Likewise, as noted above, revisions to the GWPs will occur
automatically for federal title V permitting. Some states may also have
title V permit programs that automatically update, while other states
may require revisions to their approved title V permit programs before
the GWP revisions become effective for purposes of title V permitting.
    Given the transitional times discussed above, we anticipate that
most facilities will have a period to incrementally adjust to the
changes in this final rule. Because development of the 2015 Inventory
will rely in part on data from the GHGRP reports submitted in 2014, it
is prudent for existing GHGRP reporters to calculate facility GHG
emissions or supply using the revised GWPs in Table A-1 for their
reporting year 2013 annual reports. Accordingly, the EPA is finalizing
the schedule for the final amendments to Part 98 as proposed, and is
not finalizing a transitional period. See Section III.A of this
preamble for additional information.
    Regarding the requests for the EPA to provide guidance, as we noted
in the Response to Public Comments on the Tailoring Rule,''[i]n the
event that we propose a change to GWP values, we will work with
permitting authorities as necessary to provide guidance to sources on
transitional issues'' Docket Id. No. EPA-HQ-OAR-2009-0517-19181, p. 101
(footnote). A number of EPA offices, including OAQPS, have worked
collaboratively in developing this response. Thus, in addition to the
guidance provided in this preamble regarding the application of the
Table A-1 revision to state PSD and title V programs and to previously-
issued preconstruction permits, the EPA will continue to work with
permitting authorities to address implementation concerns, as needed.
    Comment: Several commenters expressed concern that the proposed
rule appeared to propose retroactively applying amended GWPs to prior
year reports. The commenters also stated that the EPA did not provide a
regulatory analysis of how retroactively applying GWPs would affect PSD
or title V permitting obligations. Five commenters expressed concern
that the proposed revisions to Table A-1 could result in enforcement
actions associated with previous determinations under these regulatory
programs. These commenters expressed concern that such a change would
stall current permit projects and possibly reopen existing permits that
were previously approved. In particular, some commenters were concerned
about the impact on landfills, which require permits to install
combustion devices for compliance under New Source Performance
Standards (NSPS) and for landfill gas renewable energy projects. They
recommended that the EPA clarify that any changes to the GWPs and GHG
reporting requirements would not be applied retroactively to prior
determinations made under PSD, title V, or any other regulatory
programs that rely on the GWP values in Table A-1.
    Response: The EPA did not intend to suggest in the proposed rule
that the revised GWPs in Table A-1 would be retroactively applied under
the PSD and title V permitting programs or for any other regulatory
purpose. Thus, as explained above, PSD permits based on earlier GWPs
that are issued in final form (to landfills or to other types of
sources) prior to the effective date of these Part 98 rule revisions
would not have to be revised or reopened solely due to the promulgation
and effectiveness of these Part 98 rule revisions. Moreover, as to the
commenter's concern regarding the impact on landfills, we note that,
generally because reductions in methane will be credited more highly in
PSD applicability determinations, we would expect these project to be
less, rather than more, likely to trigger PSD were the revised Table A-
1 values to apply.
    As discussed above, we do not see any cause to deviate from our
historical practice of not requiring PSD permits to be reopened or
amended to incorporate requirements that take effect after the permit
is issued. With these considerations, the EPA does not expect the
revised GWPs to be applied retroactively to prior PSD and title V
permitting determinations made based on prior years' GHG emissions,
though these revisions will apply to permitting determinations made
after the effective date of these Part 98 rule revisions, as described
above. As such, we do not expect that facilities will be subject to the
reopening of a previously approved PSD or title V permit solely based
on

application of the amended GWPs in Table A-1 to prior years' emissions.
    For example, assume that a new major stationary source gets a PSD
permit in 2011, undergoing a BACT analysis for GHGs. The permit that
establishes the source's CO2e emission limit(s) are based on
the Table A-1 values that are in place at the time of permit issuance
(i.e., from the 2009 GHG reporting rule). In 2014, after the effective
date of the 2013 Table A-1 revisions, the source would continue to
determine compliance with their PSD permit by the original permit
conditions that based applicability and BACT limits on the GWP values
in the 2009 GHG reporting rule. Then, in 2015, the company submits a
PSD permit application to undergo a modification at the source. In
order to determine PSD applicability for the project, the applicant and
permitting authority should use the most updated values of GWPs that
are in effect, which at this point would be the GWP values in the 2013
Table A-1 revisions. Assuming that this source is in a state that
automatically updates its SIP when the federal rules are amended, it
would determine its emissions increase from the 2015 proposed
modification (e.g., ``baseline actual emissions'' and ``projected
actual emissions'') by using the GWP values in the 2013 Table A-1
revisions.
    Comment: Several commenters expressed concerns with how state and
regional programs that rely on the GWP values in Part 98 may be
affected by the EPA's revisions to Table A-1. One commenter was
particularly concerned about the potential of increased complexity in
comparing emissions between programs and between reporting years. For
example, the commenter notes that some states have incorporated the GWP
values in Part 98 into their state reporting programs to reduce the
reporting burden. The commenter explained that these states will either
have to propose and approve rule changes to update their GWP values to
match those in Part 98 or certain facilities will be required to report
two sets of CO2e data: One to the EPA and one to the state
or local program. The commenter recommends that, in order to ensure
consistent reporting across federal, state and regional reporting
programs, the agency must ensure that the reporting revisions currently
and in the future are well-coordinated with state and local reporting
programs.
    Response: As noted in the preamble to the final 2009 Part 98 (74 FR
56260), the EPA has intended to periodically update Table A-1 when GWP
values are evaluated or re-evaluated by the scientific community. The
revised GWP values in Table A-1 will likely result in changes to the
CO2e estimates of GHGs emitted or supplied. As noted by the
commenters, the revisions may affect the state and regional programs
that rely on the GWP values in Table A-1.The EPA recognizes the
importance of state and local GHG programs in evaluating regional GHG
emissions and in implementing GHG reduction strategies. In reviewing
Table A-1, the EPA considered the benefits of having consistent GWPs
across federal, state, and regional programs. In particular, we
recognize that using consistent GWPs across these programs increases
the ease with which agencies can analyze local emissions in light of
national estimates. As discussed in Section II.A.2.a of this preamble,
the EPA balanced the benefits of updating the GHGRP GWPs to more
current values with the U.S. commitment to maintain consistency with
values used by the UNFCCC and the values used in other U.S. climate
programs. The EPA's primary goal in updating Table A-1 is to ensure
that the GHGRP incorporates scientific advances in climate science to
better inform EPA policies and programs. As noted previously, we
recognize that frequent updates to Table A-1 may cause confusion or
create difficulties with reviewing prior year data based on different
GWP values. Because of these concerns, we do not intend to update Table
A-1 frequently (see Section II.A.2.a of this preamble for additional
information). Although the EPA anticipates making periodic updates that
increase the accuracy of the GHGRP, we anticipate balancing the
frequency of these changes with the impacts to federal, state, and
local programs.
    We note that the applicability, compliance schedule, calculation
methodologies, or any other requirements established under these non-
Part 98 programs are outside the scope of these amendments. Concerns
related to implementation and compliance with other state and regional
programs that rely on Table A-1 cannot be addressed through Part 98.
However, the EPA intends to work with state and regional programs to
address implementation concerns. As noted in the response above, it is
likely that some PSD SIPs will need to be revised as a result of this
action, since some state rules do not automatically update when Part 98
is updated.
3. Summary of Other Corrections and Final Amendments to Subpart A
    In addition to the amendments to global warming potentials in Table
A-1, we are also finalizing corrections and other clarifications to
certain provisions of subpart A of Part 98. The more substantive
corrections, clarifying, and other amendments to subpart A are found
here. We are finalizing all of the minor corrections to subpart A
presented in the Table of 2013 Revisions as proposed (see Docket Id.
No. EPA-HQ-OAR-2012-0934).
    The EPA has finalized, with revisions, the amendment to require
facilities to report their latitude and longitude if the facility does
not have a physical street address. The EPA received comment that the
rule should specify the precise latitude and longitude that should be
reported (i.e., centroid of the plant or part of the ``administration
building''). As a result of this comment we revised the requirement to
clarify that facilities required to submit a latitude and longitude
should report the geographic centroid or center point of the
facility.\21\
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    \21\ We are finalizing confidentiality determinations for the
revised data element in 40 CFR 98.3(c)(1). See Section V of this
preamble for additional information.
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    The final amendments replace the proposed term, ``ORIS code,'' with
the term ``plant code,'' and the proposed definition has been revised
to include both facilities that have been assigned a Plant ID code by
the Department of Energy's (DOE) Energy Information Administration
(EIA) and those have not been assigned this code but that otherwise
report to EPA's Clean Air Markets Division (CAMD) and so have been
assigned a plant code by CAMD. The final amendments reflect a
definition of ``plant code'' under 40 CFR 98.6 that is largely derived
from the definition of this term on the Certificate of Representation
(EPA Form 7610-1 (Revised 8-2011)) \22\ that is used for domestic
NOX and SO2 trading programs. The associated
reporting requirement that was originally proposed at 40 CFR
98.3(c)(13) has been divided into a general facility-level reporting
requirement under subpart A (to identify reporters who have been
assigned a plant code) and configuration-level requirements to report
the code under subparts C and D.\23\
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    \22\ Available at http://www.epa.gov/airmarkets/business/docs/forms/CertofRepFINAL.pdf.
    \23\ We are finalizing confidentiality determinations for the
new data elements in 40 CFR 98.3(c)(13) and 40 CFR 98.36. See
Section V of this preamble for additional information.
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    The EPA is not finalizing the definition of ``Fluidized Bed
Combustor (FBC)'' because the associated subpart C emissions factors
are not being finalized at this time. See Section II.B of this

preamble for more information about the FBC-specific emission factors.
    We are finalizing a provision, as proposed, to include instructions
for the reporting of a United States parent company legal name and
address. The final amendments to the parent company reporting
requirements under 40 CFR 98.3(c)(11)(viii) reflect that reporters are
required to use any common naming rules or guidelines provided via the
Electronic Greenhouse Gas Reporting Tool (e-GGRT) in formatting and
submitting their parent company names. This will ensure consistent
reporting of a given parent company name between different facilities
with that parent company and transparency of which facility's or
supplier's emissions may, in whole or in part, be attributed to a given
parent company. This amendment is being finalized as proposed.
    The EPA is also finalizing the following amendments as proposed. We
are amending 40 CFR 98.3(h)(4) to clarify the provisions for requesting
an extension of the 45-day period for submission of revised reports in
40 CFR 98.3(h)(1) and (2). Finally, we are revising the definitions of
``degasification system'', ``ventilation well or shaft'', and
``ventilation system'' to more closely align with common terminology
used in the coal mining industry (subpart FF).
4. Summary of Comments and Responses--Other Corrections and Amendments
to Subpart A
    This section summarizes the significant comments and responses
related to the proposed corrections and amendments to subpart A. See
the comment response document for subpart A in Docket Id. No. EPA-HQ-
OAR-2012-0934 for a complete listing of all comments and responses
related to subpart A.
    Comment: Many commenters supported the requirement for electricity
generators to report their ORIS codes, but requested clarifications or
revisions to the proposal. Commenters pointed out that the definition
should be revised to indicate that ORIS codes can have up to five
digits, and several commenters pointed out that the proposed definition
reflects that these codes are plant-level attributes while the proposed
language of the reporting requirement described the codes as unit-level
attributes. One commenter recommended that the rule clearly restrict
the ORIS code reporting requirement to power plants which are subject
to both EIA's Form 860 reporting requirements and to 40 CFR part 98.
Another commenter stated that the proposal would require operators to
report the same ORIS code for each unit at a single facility.
    Response: The final amendments do not define the term ``ORIS code''
but instead define the term ``plant code'' based largely on the
following definition from the Certificate of Representation (EPA Form
7610-1 (Revised 8-2011)) used for the EPA's NOX and
SO2 trading programs:

    A plant code is a 4 or 5 digit number assigned by the Department
of Energy's (DOE) Energy Information Administration (EIA) to
facilities that generate electricity. For older facilities, ``plant
code'' is synonymous with ``ORISPL'' and ``Facility'' codes. If the
facility generates electricity but no plant code has been assigned,
or if there is uncertainty regarding what the plant code is, send an
email to the EIA. The email address is<EMAIL_ADDRESS>For
facilities that do not produce electricity, use the facility
identifier assigned by EPA (beginning with ``88'').

    Due to the recurring comment that an ORIS code is a plant-level
attribute that was proposed as a unit-level reporting requirement, the
final amendments clarify that the plant code should, in fact, be
reported at the unit-level or configuration-level under Part 98 because
of differences between EIA conventions for delineating plant-sites and
the definition of ``facility'' under 40 CFR 98.6. Reporting of the
plant code at the unit-level or configuration-level is necessary
because some groups of combustion units that are under common control
are considered to be multiple plant-sites by EIA. For example, the
generating facility assigned EIA plant code 3250 is a generating plant
with 12 peaking units that is adjacent to a base load plant assigned
EIA plant code 3251. Because these two EIA plant-sites are adjacent and
owned by the same utility company, they are considered a single
``facility'' as that term is defined in 40 CFR 98.6. While one
commenter's statement that all units at a single facility would report
the same ORIS code is valid for the majority of Part 98 facilities,
this statement is not universally valid. The final rule clarifies these
points. However, because plant codes are being treated as unit-level
attributes under Part 98, the associated reporting requirements are
being promulgated with other unit-level requirements under subpart C.
    Comment: Two commenters expressed concern that the EPA would use
the new provision in 40 CFR 98.3(c)(11)(vii) to assign parent companies
to a given facility or supplier or make changes to a facility or
supplier's certified report after it is submitted. It was also noted
that the EPA did not indicate if the company naming convention would be
revised for previously submitted reports or only apply to reports
submitted going forward.
    Response: The EPA notes that the proposed language ``standardized
conventions for the naming of a parent company'' refers to the style
guide currently referenced as a suggested template for parent company
reporting in e-GGRT. This style guide covers items such as common
punctuation and abbreviation use in parent company names and is
included to avoid having facilities with the same parent company report
that parent company in different formats (i.e. ABC Corp. vs. ABC
Corporation vs. A.B.C. Corp.). The list of parent companies provided in
e-GGRT provides a list of company names that are already formatted in-
line with the style guide. Currently, reporters have the option to use
a parent company name on the provided list or enter a separate parent
company name if their parent company is not listed on the provided
list. Those two options would remain in place with this change, and
reporters will not be limited to only selecting a parent company from
the list provided in e-GGRT. This change does require that, if a
reporter does not choose a company on the list provided in e-GGRT, they
must follow the style guide to ensure their parent company name is
entered in a manner consistent with other reporters. Again, the style
guide is limited to formatting requirements, such as punctuation and
abbreviation (i.e., U.S. vs. US vs. United States).
    This change does not give the EPA permission to alter the parent
company information certified and submitted by reporters. If, in the
process of future report verification, EPA notes that the style guide
was not followed, then the EPA may ask the reporter to correct the
parent company name to adhere to the format in the style guide. In this
situation, the reporter would make any changes to the reported parent
company name, not EPA. The EPA does not intend to require resubmission
of reports for previous years solely to update the parent company name
to comply with this new provision.
    The conventions in the style guide are consistent with other EPA
programs, such as the Toxics Release Inventory, which provides
consistency for those parent companies that report under multiple
programs. For the reasons and clarifying statements mentioned above,
the EPA is finalizing this regulatory text change as proposed.
    Comment: One commenter objected to EPA's proposal to revise the
parent company requirements under 40 CFR

98.3(c)(11) without first completing a revised Information Collection
Request (ICR).
    Response: The regulatory text related to standardizing of parent
company names does not add any new reporting requirements to subpart A.
Rather, it clarifies the format used for submitting parent company
names under 40 CFR 98.3(c)(11) to provide consistency for both
reporters and the public viewing the data. Because this change is a
formatting change for an existing requirement, the EPA has determined
an ICR amendment is not required.

B. Subpart C--General Stationary Fuel Combustion Sources

1. Summary of Final Amendments
    We are generally finalizing revisions to the requirements of 40 CFR
part 98, subpart C (General Stationary Fuel Combustion Sources) as
proposed. The revisions clarify the use of the Tier methodologies and
update high heat value (HHV) and emission factors for several fuels.
The more substantive corrections, clarifying, and other amendments to
subpart C are found here. We are finalizing all of the minor
corrections to subpart C presented in the Table of 2013 Revisions as
proposed (see Docket Id. No. EPA-HQ-OAR-2012-0934).
    First, we are finalizing a change to 40 CFR 98.33(b)(1), as
proposed, that will allow the Tier 1 methodology to be used for Table
C-1 fuels that are combusted in a unit with a maximum rated heat input
capacity greater than 250 million Btus per hour, if the fuel provides
less than 10 percent of the annual heat input to the unit and the use
of Tier 4 is not required.
    As previously discussed in Section II.A.3 of this preamble, the
proposed requirement for certain facilities to report their plant
code(s) (as defined under 40 CFR 98.6) is being finalized as unit-level
and configuration-level reporting requirements under subpart C. The
final amendments require reporting of this code at the unit-level or
configuration-level in the applicable methodology-specific paragraphs
in subpart C (i.e., paragraphs for Tiers 1-3, Tier 4, common pipe,
common stack, aggregation of units, and Part 75 reporting
methodologies) in order to facilitate cross-referencing GHGRP data with
other publicly available state and federal data resources. The plant
code reporting requirement applies to each stationary combustion source
(i.e., each individual unit and each group of units reported as a
configuration) that includes at least one combustion unit that has been
assigned a plant code.
    We are not finalizing the proposed change to the default biogenic
fraction of CO2 for MSW. After consideration of public
comments, the EPA performed an analysis that supports retaining the
existing default MSW biogenic CO2 fraction of 0.6. (See
``Analysis of Default Biogenic CO2 Fraction for Municipal
Solid Waste (MSW)'', June 24, 2013 in Docket Id. No. EPA-HQ-OAR-2012-
0934).
    We are revising Table C-1 as proposed to update the HHV and/or
emission factors for several fuels. The amendments to Table C-1, as
discussed in the memorandum ``Review and Evaluation of 40 CFR Part 98
CO2 Emission Factors for EPW07072 To 45'' (see Docket Id.
No. EPA-HQ-OAR-2012-0934), include: (1) Replacing ``Wood and Wood
Residuals'' with ``Wood and Wood Residuals (dry basis),'' with a
footnote containing an equation that can be used to adjust the HHV
value for any moisture content; (2) replacing ``Biogas (captured
methane)'' with two types of biogas: ``Landfill Gas'' and ``Other
Biomass Gases;'' (3) revising the HHV and/or emission factors for
liquid petroleum gases (LPG) and LPG components including propane,
ethane, ethylene, isobutane, isobutylene, butane, and butylene; (4)
correcting the emission factor for coke and revising the name to ``coal
coke'' to differentiate it from ``petroleum coke;'' (5) updating
emission factors for the four types of coal and the four types of mixed
coals; (6) revising the HHV for the biomass fuel ``solid byproducts;''
and, (7) finalizing minor changes to the HHV and/or emission factors
for natural gas, used oil, natural gasoline, petrochemical feedstocks,
unfinished oils, crude oil, and tires.
    We are revising Table C-2 to add CH4 and N2O
emission factors for ``fuel gas'' and ``wood and wood residuals'', as
proposed.
    The EPA is not finalizing the proposed addition of waste coals
(waste anthracite (culm) and waste bituminous (gob)) to Table C-1, and
is not finalizing the proposed FBC-specific N2O emission
factors for coal and waste coal to Table C-2. As discussed in the
preamble to the proposed rule, the EPA reviewed multiple studies that
indicate N2O emissions from these units when burning coal
and waste coal are significantly higher than from conventional
combustion technologies. We received comments that included additional
data, which is discussed in Section II.B.2 of this preamble. The EPA
will study this data to inform any future rulemaking to address this
issue.
2. Summary of Comments and Responses
    This section summarizes the significant comments and responses
related to the proposed amendments to subpart C. See the comment
response document for subpart C in Docket Id. No. EPA-HQ-OAR-2012-0934
for a complete listing of all comments and responses related to subpart
C.
    Comment: Two commenters stated that the Wojtowicz study \24\ used
by the EPA to develop the proposed N2O emission factors for
FBCs is not relevant to the large-scale FBC systems that are subject to
Part 98. These commenters also provided a field study \25\ of FBC
emissions conducted by R.A. Brown, et al. Because the Brown study
documents N2O emission rates that are lower than the
proposed emission factors, these commenters expressed concerns that the
proposed N2O emission factors will over estimate emissions
from FBCs, and they concluded that the underlying Wojtowicz study
should not be used to develop emission estimates for large-scale FBC
systems. These commenters also believe that the EPA did not include in
the docket a detailed description of the methodology used to derive the
N2O emission factors from the Wojtowicz study.
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    \24\ M.A. Wojtowicz, et al., Combustion of Coal as a Source of
N2O Emission, 34 Fuel Processing Tech. 1(1993), EPA-HQ-