EPA Administrator Lisa P. Jackson signed the following document on
February 16, 2012, and EPA is submitting it for publication in the
Federal Register (FR).  While we have taken steps to ensure the
accuracy of this Internet version of the document, it is not the
official version. Please refer to the official version in a forthcoming
FR publication, which will appear on the Government Printing Office's
FDSys website (  HYPERLINK
"http://fdsys.gpo.gov/fdsys/search/home.action" \t "browserView"
http://fdsys.gpo.gov/fdsys/search/home.action ).  {It will also appear
on Regulations.gov (  HYPERLINK "http://www.regulations.gov/" \t
"browserView"  http://www.regulations.gov ) in Docket No.
EPA-HQ-OAR-2011-0028}.

6560.50

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0028; FRL-    ]

RIN 2060-AQ70

Proposed Confidentiality Determinations for the Petroleum and Natural
Gas Systems Source Category, and Amendments to Table A-7, of the
Greenhouse Gas Reporting Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed Rule.

SUMMARY: This action re-proposes confidentiality determinations for the
data elements in subpart W, the petroleum and natural gas systems
category, of the Mandatory Reporting of Greenhouse Gases Rule. On July
7, 2010, the EPA proposed confidentiality determinations for
then-proposed subpart W data elements and is now issuing this
re-proposal due to significant changes to certain data elements in the
final subpart W reporting requirements. The EPA is also proposing to
assign 10 recently added reporting elements as “Inputs to Emission
Equations” and to defer their reporting deadline to March 31, 2015,
consistent with the agency’s approach in the August 25, 2011 rule
which finalized the deferral of some reporting data elements that are
inputs to emissions equations.

DATES: Comments. Comments must be received on or before [INSERT THE DATE
30 DAYS AFTER THE DATE OF PUBLICATION OF THIS PROPOSED RULE IN THE
FEDERAL REGISTER] unless a public hearing is held, in which case
comments must be received on or before [INSERT THE DATE 45 DAYS AFTER
THE DATE OF PUBLICATION OF THIS PROPOSED RULE IN THE FEDERAL REGISTER].

Public Hearing. To request a hearing, please contact the person listed
in the FOR FURTHER INFORMATION CONTACT section by [INSERT THE DATE 7
DAYS AFTER THE DATE OF PUBLICATION OF THIS PROPOSED RULE IN THE FEDERAL
REGISTER]. Upon such request, the EPA will hold the hearing on [INSERT
THE DATE 15 DAYS AFTER THE DATE OF PUBLICATION OF THIS PROPOSED RULE IN
THE FEDERAL REGISTER] in the Washington, DC area. The EPA will publish
further information about the hearing in the Federal Register if a
hearing is requested.

ADDRESSES: You may submit your comments, identified by Docket ID No.
EPA–HQ–OAR–2011-0028, by one of the following methods:

Federal eRulemaking Portal: http://www.regulations.gov. Follow the
online instructions for submitting comments.

Email<EMAIL_ADDRESS>
Fax: (202) 566–1741.

Mail: Environmental Protection Agency, EPA Docket Center (EPA/DC),
Mailcode 6102T, Attention Docket ID No. EPA–HQ–OAR–2011-0028, 1200
Pennsylvania Avenue, NW., Washington, DC 20460.

Hand Delivery: EPA Docket Center, Public Reading Room, EPA West
Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC
20004. Such deliveries are only accepted during the Docket’s normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.

Instructions: Direct your comments to Docket ID No.
EPA–HQ–OAR–2011-0028. The EPA’s policy is that all comments
received will be included in the public docket without change and may be
made available online at http://www.regulations.gov, including any
personal information provided, unless the comment includes information
claimed to be confidential business information (CBI) or other
information whose disclosure is restricted by statute.

Do not submit information that you consider to be CBI or otherwise
protected through http://www.regulations.gov or email. Send or deliver
information identified as CBI to only the mail or hand/courier delivery
address listed above, attention: Docket ID No. EPA-HQ-OAR-2011-0028. The
http://www.regulations.gov website is an “anonymous access” system,
which means the EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to the EPA without going through  HYPERLINK
"http://www.regulations.gov" http://www.regulations.gov , your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, then the EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD–ROM you submit. If the EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, the EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.

Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Docket, EPA/DC,
EPA West, Room B102, 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 (202) 566–1742.

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: (202) 343–9263; fax number: (202) 343–2342; email
address:  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>. For technical information and implementation
materials, please go to the website

http://www.epa.gov/climatechange/emissions/subpart/w.html.

To submit a question, select Rule Help Center, followed by “Contact
Us.”

SUPPLEMENTARY INFORMATION:

Worldwide Web (WWW). In addition to being available in the docket, an
electronic copy of this proposal, memoranda to the docket, and all other
related information will also be available through the WWW on EPA’s
greenhouse gas reporting rule website at  HYPERLINK
"http://www.epa.gov/climatechange/" http://www.epa.gov/climatechange/
emissions/ghgrulemaking.html.

Additional information on submitting comments. To expedite review of
your comments by agency staff, you are encouraged to send a separate
copy of your comments, in addition to the copy you submit to the
official docket, to Carole Cook, U.S. EPA, Office of Atmospheric
Programs, Climate Change Division, Mail Code 6207–J, Washington, DC
20460, telephone (202) 343–9263, email address:

<EMAIL_ADDRESS>

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

API	American Petroleum Institute

BAMM	Best Available Monitoring Methods

BOEMRE	Bureau of Energy Management and Regulatory Enforcement

CAA	Clean Air Act

CEMS	continuous emission monitoring system

CO2	carbon dioxide

CO2e	carbon dioxide equivalent

CBI	confidential business information

CFR	Code of Federal Regulations

EIA	U.S. Energy Information Administration

EOR	enhanced oil recovery

EPA	U.S. Environmental Protection Agency

FERC	Federal Energy Regulatory Commission

GASIS	Gas Information System

GHG	greenhouse gas

ICR	Information Collection Request

LDC	local natural gas distribution company

LNG	liquefied natural gas

MMBtu	million Btu

MMscfd	million standard cubic feet per day

NESHAP	national emission standards for hazardous air pollutants

NGLs	natural gas liquids

N2O	nitrous oxide

NTTAA	National Technology Transfer and Advancement Act of 1995

OMB	Office of Management & Budget

psia	pounds per square inch

RFA	Regulatory Flexibility Act

T-D	transmission - distribution

UIC	Underground Injection Control

UMRA	Unfunded Mandates Reform Act of 1995

U.S.	United States

WWW	Worldwide Web

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

  TOC \n \h \z \t "_Level 2-GHG Preamble,2,_Level 1-GHG
Preamble,1,HEADING 1,1"   HYPERLINK \l "_Toc315253971" I. General
Information

 HYPERLINK \l "_Toc315253972" A. What is the purpose of this action?

 HYPERLINK \l "_Toc315253973" B. Does this action apply to me?

 HYPERLINK \l "_Toc315253974" C. Legal Authority

 HYPERLINK \l "_Toc315253975" D. What should I consider as I prepare my
comments to the EPA?

 HYPERLINK \l "_Toc315253976" II. Background and General Rationale

 HYPERLINK \l "_Toc315253977" A. Background on Subpart W CBI Re-Proposal

 HYPERLINK \l "_Toc315253978" B. Background on data elements in the
“Inputs to Emission Equations” data category

 HYPERLINK \l "_Toc315253979" III. Re-Proposal of CBI Determinations for
Subpart W.

 HYPERLINK \l "_Toc315253980" A. Overview

 HYPERLINK \l "_Toc315253981" B. Approach to Making Confidentiality
Determinations

 HYPERLINK \l "_Toc315253982" C. Proposed Confidentiality Determinations
for Individual Data Elements in Two Data Categories

 HYPERLINK \l "_Toc315253983" D. Commenting on the Proposed
Confidentiality Determinations

 HYPERLINK \l "_Toc315253984" IV. Proposed Deferral of Inputs to
Emission Equations for Subpart W and Amendments to Table A-7

 HYPERLINK \l "_Toc315253985" V. Statutory and Executive Order Reviews

 HYPERLINK \l "_Toc315253986" A. Executive Order 12866: Regulatory
Planning and Review and Executive Order 13563: Improving Regulation and
Regulatory Review

 HYPERLINK \l "_Toc315253987" B. Paperwork Reduction Act

 HYPERLINK \l "_Toc315253988" C. Regulatory Flexibility Act (RFA)

 HYPERLINK \l "_Toc315253989" D. Unfunded Mandates Reform Act (UMRA)

 HYPERLINK \l "_Toc315253990" E. Executive Order 13132: Federalism

 HYPERLINK \l "_Toc315253991" F. Executive Order 13175: Consultation and
Coordination with Indian Tribal Governments

 HYPERLINK \l "_Toc315253992" G. Executive Order 13045: Protection of
Children from Environmental Health Risks and Safety Risks

 HYPERLINK \l "_Toc315253993" H. Executive Order 13211: Actions that
Significantly Affect Energy Supply, Distribution, or Use

 HYPERLINK \l "_Toc315253994" I. National Technology Transfer and
Advancement Act

 HYPERLINK \l "_Toc315253995" J. Executive Order 12898: Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income
Populations

I. General Information

A. What is the purpose of this action?

The EPA is re-proposing confidentiality determinations for the data
elements in subpart W of 40 CFR part 98 of the Mandatory Reporting of
Greenhouse Gases Rule (hereinafter referred to as “Part 98”).
Subpart W of Part 98 requires monitoring and reporting of greenhouse gas
(GHG) emissions from petroleum and natural gas systems. The petroleum
and natural gas systems source category (hereinafter referred to as
“subpart W”) includes facilities that have emissions equal to or
greater than 25,000 metric tons carbon dioxide equivalent (mtCO2e).

The proposed confidentiality determinations in this notice cover all of
the data elements that are currently in subpart W except for those that
are in the “Inputs to Emission Equations” data category. The covered
data elements and their proposed data category assignments are listed by
data category in the memorandum entitled “Proposed Data Category
Assignments for Subpart W” in Docket ID No. EPA-HQ-OAR-2011-0028.

This proposal also contains updates to Table A-7 of Part 98, the table
of inputs to emission equations whose reporting deadline we have
deferred until 2015. These data elements were added or revised to
subpart W as a result of technical revisions made on December 23, 2011
(76 FR 80554).

B. Does this action apply to me?

This proposal affects entities that are required to submit annual GHG
reports under subpart W of Part 98. Subpart W applies to facilities in
eight segments of the petroleum and natural gas industry that emit GHGs
greater than or equal to 25,000 metric tons of CO2 equivalent per year.
These eight segments are:

Offshore petroleum and natural gas production (from offshore platforms).

Onshore petroleum and natural gas production (including equipment on a
single well-pad or associated with a single well pad used in the
production, extraction, recovery, lifting, stabilization, separation or
treating of petroleum and/or natural gas (including condensate).

Onshore natural gas processing (separation of natural gas liquids (NGLs)
or non-methane gases from produced natural gas, or the separation of
NGLs into one or more component mixtures).

Onshore natural gas transmission compression (use of compressors to move
natural gas from production fields, natural gas processing plants, or
other transmission compressors through transmission pipelines to natural
gas distribution pipelines, LNG storage facilities, or into underground
storage).

Underground natural gas storage (subsurface storage of natural gas,
natural gas underground storage processes and operations, and wellheads
connected to the compression units located at the facility where
injections and recovering of natural gas takes place into and from
underground reservoirs).

Liquefied natural gas (LNG) storage (onshore LNG storage vessels located
above ground, equipment for liquefying natural gas, compressors to
capture and re-liquefy boil-off-gas, re-condensers, and vaporization
units for regasification of the liquefied natural gas).

LNG import and export facilities (onshore and offshore equipment
importing or exporting LNG via ocean transport, including liquefaction
of natural gas to LNG, storage of LNG, transfer of LNG, and
re-gasification of LNG to natural gas).

Natural gas distribution (distribution pipelines and metering and
regulating equipment at metering-regulating stations that re operated by
a local distribution company (LDC) within a single state that is
regulated as a separate operating company by a public utility commission
or that is operated as an independent municipally-owned distribution
system).

For a summary of the source category definitions for subpart W, which
includes further background on these eight industry segments, please see
40 CFR 98.230 of the subpart W final rule (75 FR 74490, November 30,
2010 and 76 FR 80554).

The Administrator determined that this action is subject to the
provisions of Clean Air Act (CAA) section 307(d). If finalized, these
amended regulations could affect owners or operators of petroleum and
natural gas systems. Regulated categories and entities may include those
listed in Table 1 of this preamble:

Table 1. Examples of Affected Entities by Category

Source Category	NAICS	Examples of affected facilities

Petroleum and Natural Gas Systems	486210	Pipeline transportation of
natural gas.

	221210	Natural gas distribution facilities.

	211	Extractors of crude petroleum and natural gas.

	211112	Natural gas liquid extraction facilities.

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. Other types of facilities not listed in the table could
also be affected. To determine whether you are affected by this action,
you should carefully examine the applicability criteria found in 40 CFR
part 98 subpart A, and  subpart W. 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.

C. Legal Authority

The EPA is proposing rule amendments under its existing CAA authority,
specifically authorities provided in CAA section 114. As stated in the
preamble to the 2009 final rule (74 FR 56260, October 30, 2009) and the
Response to Comments on the Proposed Rule, Volume 9, Legal Issues, CAA
section 114 provides the EPA broad authority to obtain the information
in Part 98, including those in subpart W, because such data would inform
and are relevant to the EPA’s carrying out a wide variety of CAA
provisions. As discussed in the preamble to the initial proposed Part 98
(74 FR 16448, April 10, 2009), CAA section 114(a)(1) authorizes the
Administrator to require emissions sources, persons subject to the CAA,
manufacturers of control or process equipment, or persons whom the
Administrator believes may have necessary information to monitor and
report emissions and provide such other information the Administrator
requests for the purposes of carrying out any provision of the CAA.

D. What should I consider as I prepare my comments to the EPA?

1. Submitting Comments That Contain CBI.

Clearly mark the part or all of the information that you claim to be
CBI. For CBI information in a disk or CD ROM that you mail to the EPA,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information marked as CBI will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.

Do not submit information that you consider to be CBI or otherwise
protected through http://www.regulations.gov or email. Send or deliver
information identified as CBI to only the mail or hand/courier delivery
address listed above, attention: Docket ID No. EPA-HQ-OAR-2011-0028.

If you have any questions about CBI or the procedures for claiming CBI,
please consult the person identified in the FOR FURTHER INFORMATION
CONTACT section.

2. Tips for Preparing Your Comments

When submitting comments, remember to:

Identify the rulemaking by docket number and other identifying
information (e.g., subject heading, Federal Register date and page
number).

Follow directions. The EPA may ask you to respond to specific questions
or organize comments by referencing a CFR part or section number.

Explain why you agree or disagree, and suggest alternatives and
substitute language for your requested changes.

Describe any assumptions and provide any technical information and/or
data that you used.

If you estimate potential costs or burdens, explain how you arrived at
your estimate in sufficient detail to allow us to reproduce your
estimate.

Provide specific examples to illustrate your concerns and suggest
alternatives.

Explain your views as clearly as possible, avoiding the use of profanity
or personal threats.

Make sure to submit your information and comments by the comment period
deadline identified in the preceding section titled DATES. To ensure
proper receipt by the EPA, be sure to identify the docket ID number
assigned to this action in the subject line on the first page of your
response. You may also provide the name, date, and Federal Register
citation.

To expedite review of your comments by agency staff, you are encouraged
to send a separate copy of your comments, in addition to the copy you
submit to the official docket, to Carole Cook, U.S. EPA, Office of
Atmospheric Programs, Climate Change Division, Mail Code 6207-J,
Washington, DC, 20460, telephone (202) 343–9263, email
<EMAIL_ADDRESS>You are also encouraged to send a separate copy
of your CBI information to Carole Cook at the provided mailing address
in the FOR FURTHER INFORMATION CONTACT section. Please do not send CBI
to the electronic docket or by email.

II. Background and General Rationale

A.  HYPERLINK \l "_Toc310341760" Background  on Subpart W CBI
Re-Proposal

On October 30, 2009, the EPA published the Mandatory Reporting of
Greenhouse Gases Final Rule, 40 CFR part 98, for collecting information
regarding greenhouse gases (GHGs) from a broad range of industry sectors
(74 FR 56260). Under Part 98 and its subsequent amendments, certain
facilities and suppliers above specified thresholds are required to
report GHG information to the EPA annually. The data to be reported
consist of GHG emission and supply information as well as other data,
including information necessary to characterize, quantify, and verify
the reported emissions and supplied quantities. In the preamble to Part
98, we stated, “[t]hrough a notice and comment process, we will
establish those data elements that are ‘emissions data’ and
therefore [under CAA section 114(c)] will not be afforded the
protections of CBI. As part of that exercise and in response to requests
provided in comments, we may identify classes of information that are
not emissions data, and are CBI” (74 FR 56287, October 30, 2009).

On July 7, 2010, the EPA proposed confidentiality determinations for
data elements of all GHGRP subparts of Part 98 (75 FR 39094, hereinafter
referred to as the “July 7, 2010 CBI Proposal”).

On May 26, 2011, the EPA published the final CBI determinations for the
data elements in 34 Part 98 subparts, except for those data elements
that were assigned to the “Inputs to Emission Equations” data
category (76 FR 30782, hereinafter referred to as the “Final CBI
Rule”). That final rule did not include CBI determinations for subpart
W for the reasons described above.

The Final CBI Rule: (1) Created and finalized 22 data categories for
part 98 data elements; (2) assigned data elements in 34 subparts to
appropriate data categories; (3) for 16 data categories, issued
category-based final CBI determinations for all data elements assigned
to the category; and (4) for the other five data categories (excluding
the inputs to emission equations category), the EPA determined that the
data elements assigned to those categories were not "emission data”
but made individual final CBI determination for those data elements.
Finally, the EPA did not make final confidentiality determinations for
the data elements assigned to the “Inputs to Emission Equations”
data category.

Subpart W reporting requirements were finalized on November 30, 2010 (75
FR 74458), and the EPA has published two revisions to the final subpart
W reporting requirements since that data. On September 27, 2011, the EPA
published the final rule: “Mandatory Reporting of Greenhouse Gases:
Petroleum and Natural Gas Systems: Revisions to Best Available
Monitoring Method Provisions” (76 FR 59533, hereinafter referred to as
the “BAMM Final Rule”), which revised certain BAMM extension request
data elements and added a new data element in subpart W. Additionally,
on December 23, 2011 the EPA published the final rule: “Mandatory
Reporting of Greenhouse Gases: Technical Revisions to the Petroleum and
Natural Gas Systems Category of the Greenhouse Gas Reporting” (76 FR
80554, hereinafter referred to as the “Technical Revisions Rule”),
which provided clarification on existing requirements, increased
flexibility for certain calculation methods, amended data reporting
requirements, clarified terms and definitions, and made technical
corrections. This action finalized the addition or revision of over 200
subpart W data elements. Today’s re-proposal of confidentiality
determinations for data elements addresses the subpart W data elements
as finalized, including the revisions in the BAMM Final Rule and
Technical Revisions Rule.

B. Background on Data Elements in the “Inputs to Emission Equations”
Data Category

The EPA received numerous public comments on the July 7, 2010 CBI
Proposal. In particular, the EPA received comments that raised serious
concerns regarding the public availability of data in the “Inputs to
Emission Equations” category. In light of those comments, the EPA took
three concurrent actions, which are as follows:

Call for Information: Information on Inputs to Emission Equations under
the Mandatory Reporting of Greenhouse Gases Rule, 75 FR 81366 (December
27, 2010)(hereinafter referred to as the “Call for Information”).

Change to the Reporting Date for Certain Data Elements Required Under
the Mandatory Reporting of Greenhouse Gases Rule; Proposed Rule, 75 FR
81350 (December 27, 2010) (hereinafter referred to as the “Deferral
Proposal”).

Interim Final Regulation Deferring the Reporting Date for Certain Data
Elements Required Under the Mandatory Reporting of Greenhouse Gases
Rule, 75 FR 81338 (December 27, 2010) (hereinafter referred to as the
“Interim Final Rule”).

On August 25, 2011, the EPA published the final “Change to the
Reporting Date for Certain Data Elements Required Under the Mandatory
Reporting of Greenhouse Gases Rule” (76 FR 53057, hereinafter referred
to as the “Final Deferral”). In that action, the EPA deferred the
deadline for reporting some “Inputs to Emission Equations” data
elements to March 31, 2013, and others to March 31, 2015. Data elements
with the March 31, 2013 reporting deadline are identified in Table A-6
of subpart A and those with the March 31, 2015 reporting deadline are
identified in Table A-7 to subpart A. For subpart W, the EPA deferred
the reporting of all data elements classified as “Inputs to Emission
Equations” as of the publication of the Final Deferral until March 31,
2015.

Currently, Table A-7 does not reflect the changes or additions to inputs
to equations made in the Technical Revisions Rule. The agency is now
addressing this in today’s action.

III. Re-Proposal of CBI Determinations for Subpart W.

A. Overview

We propose to assign each of the data elements in subpart W, a direct
emitter subpart, to one of eleven direct emitter data categories created
in the Final CBI Rule. As noted previously, for 8 of the 11 direct
emitter categories, the EPA has made categorical confidentiality
determinations, finalized in the Final CBI Rule. For these eight
categories, the EPA is proposing to apply the categorical
confidentiality determinations (made in the Final CBI Rule) to the
subpart W reporting elements assigned to each of these categories.

In the Final CBI Rule, for 2 of the 11 data categories, the EPA did not
make categorical confidentiality determinations, but rather made
confidentiality determinations on an element by element basis. We are
therefore following the same approach in this action for the subpart W
reporting elements assigned to these 2 categories.

Lastly, in the Final CBI Rule, for the final data category, “Inputs to
Emissions Equations”; the EPA did not make a final confidentiality
determination and indicated that this issue would be addressed in a
future action. Please note that in the Final Deferral, the EPA already
assigned certain subpart W data elements to the “Inputs to Emission
Equations” data category. However, since then, 10 data elements were
added to subpart W after the Final Deferral was promulgated. The EPA is
proposing to assign these 10 new data elements to the “Inputs to
Emission Equations” data category, as well as proposing to defer the
reporting of these inputs until 2015. Please see the memorandum entitled
“Proposed Data Category Assignments for Subpart W” in Docket ID No.
EPA-HQ-OAR-2011-0028 for a listing of the data elements that the EPA is
proposing to assign to this data category. Note that we are not
proposing confidentiality determinations at this time for any subpart W
data elements assigned to the “Inputs to Emissions Equations” data
category and plan to propose confidentiality determinations for elements
in this data category in a later action. Please see the following
website for further information on this topic:
http://www.epa.gov/climatechange/emissions/CBI.html.

Table 2 of this preamble summarizes the confidentiality determinations
that were made in the Final CBI Rule for the following direct emitter
data categories created in that notice. Please note that the “Inputs
to Emission Equations” data category is excluded, as final
determinations for that category have not yet been made.

Table 2. Summary of Final Confidentiality Determinations for Direct
Emitter Data Categories

Data Category	Confidentiality Determination for Data Elements in Each
Category

	Emission Dataa	Data That Are Not Emission Data and Not CBI	Data That
Are Not Emission Data But Are CBIb

Facility and Unit Identifier Information	X

Emissions	X

Calculation Methodology and Methodological Tier	X

Data Elements Reported for Periods of Missing Data that are Not Inputs
to Emission Equations	X

Unit/Process “Static” Characteristics that are Not Inputs to
Emission Equations

Xc	Xc

Unit/Process Operating Characteristics that are Not Inputs to Emission
Equations

Xc	Xc

Test and Calibration Methods

X

	Production/Throughput Data that are Not Inputs to Emission Equations

	X

Raw Materials Consumed that are Not Inputs to Emission Equations

	X

Process-Specific and Vendor Data Submitted in BAMM Extension Requests

	X

a Under CAA section 114(c), “emission data” are not entitled to
confidential treatment. The term “emission data” is defined at 40
CFR 2.301(a)(2)(i).

b Section 114(c) of the CAA affords confidential treatment to data
(except emission data) that are considered CBI.

c In the Final CBI Rule, this data category contains both data elements
determined to be CBI and those determined not to be CBI.

We are requesting comment on several aspects of this proposal. First, we
seek comment on the proposed data category assignment for each of these
data elements. If you believe that the EPA has improperly assigned
certain data elements in this subpart to one of the data categories,
please provide specific comments identifying which data elements may be
mis-assigned along with a detailed explanation of why you believe them
to be incorrectly assigned and in which data category you believe they
best would belong.

Second, we seek comment on our proposal to apply the categorical
confidentiality determinations (made in the Final CBI Rule for eight
direct emitter data categories) to the data elements in subpart W that
are assigned to those categories.

Third, for those data elements assigned to the two direct emitter data
categories without categorical CBI determinations, we seek comment on
the individual confidentiality determinations we are proposing for these
data elements. If you comment on this issue, please provide specific
comment along with detailed rationale and supporting information on
whether such data element does or does not qualify as CBI.

Because this is a re-proposal, the EPA is not responding to previous
comments submitted on the July 7, 2010 CBI Proposal relative to the data
elements in this subpart. Although the EPA considered those comments
when developing this re-proposal, we encourage you to resubmit all
relevant comments to ensure their consideration by the EPA in this
rulemaking. In resubmitting previous comments, please make any necessary
changes to clarify that you are addressing the re-proposal and add
details as requested in Section III.D of this preamble.

B. Approach to Making Confidentiality Determinations

For a direct emitter subpart such as subpart W, the EPA proposes to
assign each data element to one of 11 direct emitter data categories. As
noted previously, the EPA made categorical confidentiality
determinations for eight direct emitter data categories, and the EPA
proposes to apply those final determinations to the subpart W data
elements assigned to those categories in this rulemaking. For the data
elements in the two non-inputs direct emitter data categories that do
not have categorical confidentiality determinations, we are proposing to
make confidentiality determinations on an individual data element basis.

  The following two direct emitter data categories do not have
category-based CBI determinations: “Unit/Process ‘Static’
Characteristics That are Not Inputs to Emission Equations” and
“Unit/Process Operating Characteristics That are Not Inputs to
Emission Equations.” For these two categories, the EPA evaluated the
individual data elements assigned to these categories to determine
whether individual data elements qualify as CBI. In the sections below,
the EPA explains the data elements in these two categories and states
the reasons for proposing to determine that each does or does not
qualify as CBI under CAA section 114(c). The EPA is specifically
soliciting comments on the CBI proposals for data elements in these two
data categories. In section III.C of this preamble, the data elements in
these two data categories are listed individually by data category along
with the proposed confidentiality determination. The data elements along
with their proposed confidentiality determinations are also listed in
the memorandum entitled “Proposed Data Category Assignments for
Subpart W” in Docket ID No. EPA-HQ-OAR-2011-0028.

C. Proposed Confidentiality Determinations for Individual Data Elements
in Two Data Categories

The EPA is proposing to assign 28 subpart W data elements to the
“Unit/Process 'Static' Characteristics that Are Not Inputs to Emission
Equations” data category because they are basic characteristics of
units, equipment, abatement devices, and other facility-specific
characteristics that do not vary with time or with the operations of the
process (and are not inputs to emission equations). These 28 data
elements are proposed as non-CBI with the rationales shown in Table 3 of
this preamble as follows:

Table 3. Data Elements Proposed to be Assigned to the “Unit/Process
‘Static’ Characteristics That are Not Inputs to Emission
Equations” Data Category.

	Citation	Data Element	Proposed Rationale

1	98.236c4iiiA	Count of absorbent desiccant dehydrators.	Desiccant
dehydrators are used to dehydrate natural gas. The EPA is proposing that
the count of desiccant dehydrators (in addition to the sizing) be
non-CBI because the disclosure of this type of information is not likely
to cause substantial competitive harm. Moreover, these types of
equipment are typically visible on site even outside the fence-line at
the operating site and are usually not concealed from public view. The
EPA proposes that this data be not confidential and considered non-CBI.

2	98.236c8iA	Wellhead gas-liquid separator with oil throughput greater
than or equal to 10 barrels per day, using Calculation Methodology 1 and
2 of 40 CFR 98.233(j), where reported by sub-basin category: Number of
wellhead separators sending oil to atmospheric tanks.	Separators are
used to separate hydrocarbons into liquid and gas phases. Separators are
typically connected to atmospheric storage tanks (hydrocarbon tanks)
where hydrocarbon liquids are stored. The number of wellhead separators
sending oil to atmospheric tanks can vary widely depending on numerous
conditions, including the sizing of the tank and throughput of the
separators, and the number of parties involved with handling or
processing the separated constituents. Information on the count of
atmospheric storage tanks with a throughput above 500 barrels of oil per
day is already publicly available in Title V permits under EPA’s
National Emission Standards for Hazardous Air Pollutants (NESHAP)
Subpart HH for Oil and Gas Production. Any additional information
required under subpart W regarding the number of wellhead separators is
the same type of information already made publicly available through the
NESHAP and thus is a reasonable expansion of that information. Further,
information about the number of wellhead separators sending oil to
atmospheric tanks does not provide insight into the performance (ability
to separate hydrocarbon into different phases) or the overall
operational efficiency for the facility that could cause substantial
competitive harm if disclosed. The EPA proposes that this data be not
confidential and considered non-CBI.

3	98.236c8iD	Wellhead gas-liquid separator with oil throughput greater
than or equal to 10 barrels per day, using Calculation Methodology 1 and
2 of 40 CFR 98.233(j), reported by sub-basin category: Count of
hydrocarbon tanks at well pads.	Information on the count of atmospheric
storage tanks with a throughput above 500 barrels of oil per day is
already publicly available in Title V permits under EPA’s National
Emission Standards for Hazardous Air Pollutants (NESHAP) Subpart HH for
Oil and Gas Production. Further, knowledge of whether the tanks are
located on a well-pad or off a well-pad does not provide any insight
into the operational characteristics of the facility, nor does it
provide insight into sensitive or proprietary information about a
facility, but rather identifies the industry segment under subpart W to
which the tanks belong. The EPA proposes that this data be not
confidential and considered non-CBI.

4	98.236c8iE	Wellhead gas-liquid separator with oil throughput greater
than or equal to 10 barrels per day, using Calculation Methodology 1 and
2 of 40 CFR 98.233(j), reported by sub-basin category: Best estimate of
count of stock tanks not at well pads receiving your oil.	Information on
the count of stock tanks with a throughput above 500 barrels of oil per
day is already publicly available in Title V permits under EPA’s
National Emission Standards for Hazardous Air Pollutants (NESHAP)
Subpart HH for Oil and Gas Production. Further, knowledge of whether the
tanks are located on a well-pad or off a well-pad does not provide any
insight into the operational characteristics of the facility, nor does
it provide insight into sensitive or proprietary information about a
facility, but rather identifies the industry segment under subpart W to
which the tanks belong. The EPA proposes that this data be not
confidential and considered non-CBI.

5	98.236c8iG	Wellhead gas-liquid separator with oil throughput greater
than or equal to 10 barrels per day, using Calculation Methodology 1 and
2 of 40 CFR 98.233(j), reported by sub-basin category: Count of tanks
with emissions control measures, either vapor recovery system or
flaring, for tanks at well pads.	Atmospheric storage tanks receive and
store hydrocarbon liquids typically from separators or from onshore
production wells. Some tanks are equipped with vapor recovery units or
flares to control the tank emissions. Information on the emission
control devices associated with tanks are included in Title V permits
under EPA’s National Emission Standards for Hazardous Air Pollutants
(NESHAP) Subpart HH for Oil and Gas Production. Disclosure of this data
does not provide insight into the performance or the overall operational
efficiency for the facility that could cause substantial competitive
harm if disclosed. The EPA proposes that this data be not confidential
and considered non-CBI.

6	98.236c8iH	Wellhead gas-liquid separator with oil throughput greater
than or equal to 10 barrels per day, using Calculation Methodology 1 and
2 of 40 CFR 98.233(j), reported by sub-basin category: Best estimate of
count of stock tanks assumed to have emissions control measures not at
well pads, receiving your oil.	Atmospheric storage tanks (also known as
stock tanks) receive and store hydrocarbon liquids typically from
separators or from onshore production wells. Some tanks are equipped
with vapor recovery units or flares to control the tank emissions.
Information on the emission control devices associated with tanks are
included in Title V permits under EPA’s National Emission Standards
for Hazardous Air Pollutants (NESHAP) Subpart HH for Oil and Gas
Production. Disclosure of this data does not provide insight into the
performance or the overall operational efficiency for the facility that
could cause substantial competitive harm if disclosed. The EPA proposes
that this data be not confidential and considered non-CBI.

7	98.236c8iC	Wellhead gas-liquid separator with oil throughput greater
than or equal to 10 barrels per day, using Calculation Methodology 1 and
2 of 40 CFR 98.233(j), reported by sub-basin category: Estimated average
sales oil stabilized API gravity (degrees) (when using methodology 1).
API gravity is a measure of the relative density of liquid hydrocarbons
and does not reveal the composition of the hydrocarbon liquid or the
reporter’s productivity. Data on the sales oil stabilized API gravity
are made publicly available by many state agencies (e.g., the Railroad
Commission of Texas). Further, information about API gravity does not
provide insight into the performance or the operational efficiency for
onshore petroleum and natural gas production facilities that could cause
substantial competitive harm if disclosed. Moreover, this data is
reported as an average for a sub-basin, which further diminishes any
possible sensitivity. Because this information is publically available
and is reported only as an average for the sub-basin, the EPA proposes
this data be not confidential and considered non-CBI.

8	98.236c8iC	Wellhead gas-liquid separator with oil throughput greater
than or equal to 10 barrels per day, using Calculation Methodology 1 and
2 of 40 CFR 98.233(j), reported by sub-basin category: Estimated average
sales oil stabilized API gravity (degrees) (when using methodology 2).
API gravity is a measure of the relative density of liquid hydrocarbons
and does not reveal the composition of the hydrocarbon liquid or the
reporter’s productivity. Data on the sales oil stabilized API gravity
are made public by many state agencies (e.g., the Railroad Commission of
Texas). Further, information about API gravity does not provide insight
into the performance or the operational efficiency for onshore petroleum
and natural gas production facilities that could cause substantial
competitive harm if disclosed. Moreover, this data is reported as an
average for a sub-basin, which further diminishes any possible
sensitivity. Because this information is publically available and is
reported as an average for the sub-basin, the EPA proposes that this
data be not confidential and considered non-CBI.

9	98.236c8iiiE	Wellhead gas-liquid separators and wells with throughput
less than 10 barrels per day, using Calculation Methodology 5 of 40 CFR
98.233(j) Equation W-15 of 40 CFR 98.233: Count of hydrocarbon tanks on
well pads.	Information on the count of atmospheric storage tanks with a
throughput above 500 barrels of oil per day is already publicly
available in Title V permits under EPA’s National Emission Standards
for Hazardous Air Pollutants (NESHAP) Subpart HH for Oil and Gas
Production. Further, knowledge of whether the tanks are located on a
well-pad or off a well-pad does not provide any insight into the
operational characteristics of the facility, nor does it provide insight
into sensitive or proprietary information about a facility, but rather
identifies the industry segment under subpart W to which the tanks
belong. The EPA proposes that this data be not confidential and
considered non-CBI.

10	98.236c8iiF	Wells with oil production greater than or equal to 10
barrels per day, using Calculation Methodology 3 and 4 of 40 CFR
98.233(j), where the following by sub-basin category are reported: Count
of hydrocarbon tanks, both on and off well pads assumed to have
emissions control measures: either vapor recovery system or flaring of
tank vapors.	Atmospheric storage tanks (also known as hydrocarbon tanks)
receive and store hydrocarbon liquids typically from separators or from
onshore production wells. Some tanks are equipped with vapor recovery
units or flares to control the tank emissions. Information on the
emission control devices associated with tanks are included in Title V
permits under EPA’s National Emission Standards for Hazardous Air
Pollutants (NESHAP) Subpart HH for Oil and Gas Production. Disclosure of
this data does not provide insight into the performance or the overall
operational efficiency for the facility that could cause substantial
competitive harm if disclosed. The EPA proposes that this data be not
confidential and considered non-CBI.

11	98.236c8iiC	Wells with oil production greater than or equal to 10
barrels per day, using Calculation Methodology 3 and 4 of 40 CFR
98.233(j), where the following by sub-basin category are reported: Total
number of wells sending oil to separators off the well pads.	Information
on the number of wells and their characteristics, including production
levels, is publicly available through many published sources, including
the U.S. Energy Information Administration, and through commercial
databases that are available to the public for purchase. Although
information on the number of wells sending oil to separators that are
located off well pads may not be readily available from public data
sources, it can generally be assumed that oil producing wells send oil
either to separators or tanks that are either located on a well pad or
off a well pad. Although, in some cases, oil is sent directly to tanks
and not first sent to separators, this is more a function of the
characteristics of the oil and is not correlated with sensitive or
proprietary information about the facility or its processes. Thus,
disclosure of this data does not provide insight into the performance or
the overall operational efficiency for the facility that could cause
substantial competitive harm if disclosed. Because information on oil
producing wells is already publicly available, the EPA proposes to
determine that these data elements are not confidential; they will be
considered non-CBI.

12	98.236c8iiB	Wells with oil production greater than or equal to 10
barrels per day, using Calculation Methodology 3 and 4 of 40 CFR
98.233(j), where the following by sub-basin category are reported: Total
number of wells sending oil directly to tanks.	Information on the number
of wells and their characteristics, including production levels, is
publicly available through many published sources, including the U.S.
Energy Information Administration, and through commercial databases that
are available to the public for purchase. Although information on the
number of wells sending oil directly to storage tanks may not be readily
available in public data sources, it can generally be assumed that oil
producing wells send oil either to separators or tanks. While in some
cases, oil is sent directly to tanks and not first sent to separators,
this is more a function of the characteristics of the oil and is not
correlated with sensitive or proprietary information about the facility
or its processes. Thus, disclosure of this data does not provide insight
into the performance or the overall operational efficiency for the
facility that could cause substantial competitive harm if disclosed.
Because information on oil producing wells is already publicly
available, the EPA proposes to determine that these data elements are
not confidential; they will be considered non-CBI.

13	98.236c8iiD	Wells with oil production greater than or equal to 10
barrels per day, using Calculation Methodology 3 and 4 of 40 CFR
98.233(j), where the following by sub-basin category are reported: Sales
oil API gravity range (degrees) for wells in 40 CFR 98.236(c)(8)(ii)(B)
and (C).	API gravity is a measure of the relative density of liquid
hydrocarbons and does not reveal the composition of the hydrocarbon
liquid or the reporter’s productivity. Data on the sales oil
stabilized API gravity are made public by many state agencies (e.g., the
Railroad Commission of Texas). Further, information about API gravity
does not provide insight into the performance or the operational
efficiency for onshore petroleum and natural gas production facilities
that would likely cause substantial competitive harm if disclosed.
Moreover, this data is reported as a range within a sub-basin and not
for individual wells, which further diminishes any possible sensitivity.
Because this information is publically available, and also is reported
as an average for the sub-basin category, the EPA proposes that this
data be not confidential and considered non-CBI.

14	98.236c8iiE	Wells with oil production greater than or equal to 10
barrels per day, using Calculation Methodology 3 and 4 of 40 CFR
98.233(j), where the following by sub-basin category are reported: Count
of hydrocarbon tanks on well pads.	Information on the count of
atmospheric storage tanks with a throughput above 500 barrels of oil per
day is already publicly available in Title V permits under EPA’s
National Emission Standards for Hazardous Air Pollutants (NESHAP)
Subpart HH for Oil and Gas Production. Further, knowledge of whether the
tanks are located on a well-pad or off a well-pad does not provide any
insight into the operational characteristics of the facility. Nor does
it provide insight into sensitive or proprietary information about a
facility, but rather identifies the industry segment under subpart W to
which the tanks belong. The EPA proposes that this data be not
confidential and considered non-CBI.

15	98.236c5iE	Well venting for liquids unloading, for Calculation
Methodology 1, where the following by each tubing diameter group and
pressure group combination within each sub-basin category are reported:
Average casing diameter or internal tubing diameter, where applicable.
The well casing diameter is the diameter of the pipe inserted into a
recently drilled section of a borehole during the well drilling process.
Data on well casing diameter are publicly available from vendors of
casing pipes. Further, information about well casing diameter does not
provide insight into the performance or the operational efficiency for
onshore petroleum and natural gas production facilities that would
likely cause substantial competitive harm if disclosed. Moreover,
facilities report  this information for one well used to represent the
remaining wells in a group. This data element is not necessarily the
same for other wells in the same tubing size  and pressure group
combination and therefore, does not reveal sufficient data to
characterize the operations of a particular business or compromise any
of its business advantages. Thus, the sensitivity of these data elements
is further diminished. Because this information is publicly available
and also is reported as an average for a group of wells, the EPA
proposes that this data be not confidential and considered non-CBI.

16	98.236c5iE	Well venting for liquids unloading, for Calculation
Methodology 1, where the following by each tubing diameter group and
pressure group combination within each sub-basin category are reported:
Well depth of each well selected to represent emissions in that tubing
size and pressure combination.	The well depth is the depth of a
hydrocarbon well. Data on well depth is publicly available from State
Oil and Gas Commission websites and through commercial databases
available to the public for purchase  NOTEREF _Ref314658846 \f \h  \*
MERGEFORMAT  7 . Information about well depth does not provide insight
into the performance or the operational efficiency of onshore petroleum
and natural gas production facilities that would likely cause
substantial competitive harm if disclosed. Moreover, facilities report
this information for one well used to represent the remaining wells in a
group. This data element is not necessarily the same for other wells in
the same tubing size and pressure group combination and therefore, does
not reveal sufficient data to characterize the operations of a
particular business or compromise any of its business advantages. Thus,
the sensitivity of this data element is further diminished. Because this
information is publically available, and also is reported as
representative of wells in the same group, the EPA proposes that this
data be not confidential and considered non-CBI.

17	98.236c5iF	Well venting for liquids unloading, for Calculation
Methodology 1, where the following by each tubing diameter group and
pressure group combination within each sub-basin category are reported:
Casing pressure of each well selected to represent emissions in that
tubing size group and pressure group combination that does not have a
plunger lift, pounds per square inch (psia).	The casing pressure refers
to the pressure of the casing of a hydrocarbon well. Data on casing
pressure is publicly available from State Oil and Gas Commission
websites and through commercial databases available to the public for
purchase  NOTEREF _Ref314658846 \f \h  \* MERGEFORMAT  7 . Information
about casing pressure does not provide insight into the performance or
the operational efficiency for onshore petroleum and natural gas
production facilities that would likely cause substantial competitive
harm if disclosed. Moreover, facilities reportthis information for one
well used to represent the remaining wells in a group. This data element
is not necessarily the same for other wells in the same tubing size and
pressure group combination and therefore does not reveal sufficient data
to characterize the operations of a particular business or compromise
its business advantage. Thus, the sensitivity of this data element is
further diminished. Because this information is publically available and
also is reported as a representative number in a sub-basin, the EPA
proposes that this data be not confidential and considered non-CBI.

18	98.236c5iG	Well venting for liquids unloading, for Calculation
Methodology 1, where the following by each tubing diameter group and
pressure group combination within each sub-basin category are reported:
Tubing pressure of each well selected to represent emissions in a tubing
size group and pressure group combination that has a plunger lift
(psia).	Data on tubing pressure is publicly available from State Oil and
Gas Commission websites and through commercial databases available to
the public for purchase  NOTEREF _Ref314658846 \f \h  \* MERGEFORMAT  7
. Information about tubing pressure does not provide insight into the
performance or the operational efficiency for onshore petroleum and
natural gas production facilities that would likely cause substantial
competitive harm if disclosed. Moreover, facilities report this
information for one well used to represent the remaining wells in a
group. This data element is not necessarily the same for other wells in
the same tubing size and pressure group combination and therefore does
not reveal sufficient data to characterize the operations of a
particular business or compromise any of its business advantages. Thus,
the sensitivity of this data element is further diminished. Because this
information is publicly available, the EPA proposes that this data be
not confidential and considered non-CBI.

19	98.236c5iiD	Well venting for liquids unloading, for Calculation
Methodologies 2 and 3, where the following for each sub-basin category
are reported: Average internal casing diameter, in inches, of each well,
where applicable.	The well casing diameter is the diameter of the pipe
inserted into a recently drilled section of a borehole during the well
drilling process. Data on well casing diameter are publicly available
from vendors of casing pipes. Information about well casing diameter
does not provide insight into the performance or the operational
efficiency of onshore petroleum and natural gas production facilities
that would likely cause substantial competitive harm if disclosed.
Because this information is publically available and also is reported as
an average for each sub-basin category, the EPA proposes that this data
be not confidential and considered non-CBI.

20	98.236c13iA	Each centrifugal compressor with wet seals in operational
mode, where the following for each degassing vent are reported: Number
of wet seals connected to the degassing vent.	Wet seals form the barrier
that keeps gas from seeping through the gap between the compressor shaft
and the compressor casing. Information about the number of wet seals
connected to the degassing vent of a centrifugal compressor does not
provide valuable insight into the performance or the operational
efficiency of the reporting facility, but rather provides insight into
the characteristics of a piece of equipment. Overall, the number of wet
seals that are connected to a degassing vent is more a matter of
operational convenience and does not reveal any process related
information. The EPA proposes that this data element not be confidential
and considered non-CBI.

21	98.236c16i	Local distribution companies: Number of above grade T-D
transfer stations in the facility.	The number of above grade
transmission-distribution (T-D) transfer stations is the number of
stations where gas is transferred from a transmission pipeline to a
distribution pipeline in a natural gas distribution facility. A larger
number of T-D transfer stations could suggest that a larger quantity of
gas is transferred into the LDC distribution network, however, this is
not a definite or direct correlation. The amount of gas transferred can
vary drastically depending on the operations of a local distribution
company (LDC). Therefore, information about the number of above grade
T-D transfer stations does not provide direct insight into the
performance or the operational efficiency for LDCs. Moreover, even if
throughput data could be inferred from the number of T-D transfer
stations, the throughput data is already publicly available by company
and state through EIA, therefore further diminishing its sensitivity.
The EPA is proposing that this data be not confidential and considered
non-CBI.

22	98.236c16iv	Local distribution companies: Report total number of
below grade T-D transfer stations in the facility.	The number of below
grade transmission-distribution (T-D) transfer stations is the number of
stations located underground where gas is transferred from a
transmission pipeline to a distribution pipeline in a natural gas
distribution facility. A larger number of T-D transfer stations could
suggest that a larger quantity of gas is transferred into the local
distribution company (LDC) distribution network, however, this is not a
definite or direct correlation. The amount of gas transferred can vary
drastically depending on the operations of a LDC. Therefore, information
about the number of below grade T-D transfer stations does not provide
direct insight into the performance or the operational efficiency for
LDCs. Moreover, even if throughput data could be inferred from the
number of T-D transfer stations, the throughput data is already publicly
available by company and state through EIA, therefore further
diminishing its sensitivity. The EPA is proposing that this data be not
confidential and considered non-CBI.

23	98.236c16v	Local distribution companies: Report total number of above
grade metering-regulating stations (which includes above grade T-D
transfer stations) in the facility.	The number of above grade
metering-regulating stations is the number of stations located above
ground where gas is metered, pressure regulated, or both, in a natural
gas distribution facility. . This count includes the number of above
grade T-D transfer stations, where gas is transferred from a
transmission pipeline to a distribution pipeline in a natural gas
distribution facility. A larger number of metering-regulating stations
could suggest that a larger quantity of gas is transferred into the LDC
distribution network, however, this is not a definite or direct
correlation. The amount of gas transferred can vary drastically
depending on the operations of a local distribution company (LDC).
Therefore, information about the number of above grade
metering-regulating stations does not provide direct insight into the
performance or the operational efficiency for LDCs. Moreover, even if
throughput data could be inferred from the number of metering-regulating
stations, the throughput data is already publicly available by company
and state through EIA, therefore further diminishing its sensitivity.
The EPA is proposing that this data be not confidential and considered
non-CBI.

24	98.236c16vi	Local distribution companies: Report total number of
below grade metering-regulating stations (which includes below grade T-D
transfer stations) in the facility.	The number of below grade
metering-regulating stations is the number of stations located below
ground where gas is metered, pressure regulated, or both, in a natural
gas distribution facility.. This count includes the number of below
grade T-D transfer stations, where gas is transferred from a
transmission pipeline to a distribution pipeline in a natural gas
distribution facility. A larger number of metering-regulating stations
could suggest that a larger quantity of gas is transferred into the LDC
distribution network, however, this is not a definite or direct
correlation. The amount of gas transferred can vary drastically
depending on the operations of a local distribution company (LDC).
Therefore, information about the number of below grade
metering-regulating stations does not provide direct insight into the
performance or the operational efficiency for LDCs. Moreover, even if
throughput data could be inferred from the number of metering-regulating
stations, the throughput data is already publicly available by company
and state through EIA, therefore further diminishing its sensitivity.
The EPA is proposing that this data be not confidential and considered
non-CBI.

25	98.236c17i	Each EOR injection pump blowdown: Pump capacity (barrels
per day).	Pump capacity, which will be reported by EOR operations in the
onshore production segment only, can be estimated from the quantity of
CO2 injected, because the pump capacity is proportional to the volume of
CO2 that the pump is pumping (i.e., the volume of CO2e reported).
Therefore, if the volume of CO2 that was pumped is known, then the
pump's capacity can be estimated to be between 150 to 200 percent
greater than the reported volume, to handle fluctuations in CO2 loads.
The quantity of CO2 injected can be determined from Underground
Injection Control (UIC) permits, which are issued for each injection
well by the EPA or by states that have primary enforcement authority for
permitting injection wells. Information related to UIC permits is
reported to the EPA or states at least annually and made available to
the public either through state websites or upon request from the
public. Finally, knowing the pump capacity does not result in any
competitive disadvantage to the reporter, because the injection volume
of the pump, which is related to throughput of the pump, is publicly
available through the EPA’s UIC program. The EPA proposes that the
subpart W pump capacity data element not be treated as confidential,
because it can be estimate using  publicly available data, to a level of
accuracy that substantially diminishes the potential harm of releasing
this data. Although a competitor can use this information to estimate
injection or oil production volumes, such information is already
publicly available. The EPA is proposing that this data be not
confidential; and considered non-CBI.

26	98.236c19i	Onshore petroleum and natural gas production and natural
gas distribution combustion emissions: Cumulative number of external
fuel combustion units with a rated heat capacity equal to or less than 5
mmBtu/hr, by type of unit.	The number of external combustion  units with
heat input capacities equal to or less than 5mmBtu/hour reveals nothing
about the productivity of a business’s operation (e.g., capacity
information). Information about the cumulative number of external fuel
combustion units with specified heat capacities does not provide insight
into the performance or the operational efficiency for a facility that
would likely cause substantial competitive harm if disclosed.
Furthermore, technical specifications and operational details, such as
hours of operation, are not revealed through this data element and hence
cannot be used to determine throughput from each compressor. Moreover,
throughput data for each facility is publicly available  NOTEREF
_Ref314658846 \f \h  \* MERGEFORMAT  7 . Thus, this data element does
not compromise confidential business information that will harm the
business’ competitive advantage, because the information that is
revealed by this data element is already publicly available. The EPA is
proposing that this data be not confidential and considered non-CBI.

27	98.236c19ii	Onshore petroleum and natural gas production and natural
gas distribution combustion emissions: Cumulative number of external
fuel combustion units with a rated heat capacity larger than 5 mmBtu/hr,
by type of unit.	The number external combustion units with heat input
capacities greater than 5mmBtu/hour reveals nothing about the
productivity of a business’s operation (e.g., capacity information).
Information about the cumulative number of external fuel combustion
units with specified heat capacities does not provide insight into the
performance or the operational efficiency for a facility that would
likely cause substantial competitive harm if disclosed. Furthermore,
technical specifications and operational details, such as hours of
operation, are not revealed through these data elements and hence cannot
be used to determine throughput from each compressor. Moreover,
throughput data for each facility is already publicly available  NOTEREF
_Ref314658846 \f \h  \* MERGEFORMAT  7 . Thus, this data element does
not compromise confidential business information that will harm the
business’s competitive advantage, because the information that is
revealed by this data element is already publicly available. The EPA is
proposing that this data be not confidential and considered non-CBI.

28	98.236c19v	Onshore petroleum and natural gas production and natural
gas distribution combustion emissions: Cumulative number of internal
fuel combustion units, not compressor-drivers, with a rated heat
capacity equal to or less than 1 mmBtu/hr or 130 horse power, by type of
unit.	The number of internal combustion units (other than compressor
drivers) with a rated heat input capacity of 1 mmBtu/hour or less (130
HP) reveals nothing about the productivity of a business’s operation
(e.g., capacity information). Information about the cumulative number of
internal fuel combustion units with specified heat capacities does not
provide insight into the performance or the operational efficiency for a
facility that would likely cause substantial competitive harm if
disclosed. Furthermore, technical specifications and operational
details, such as hours of operation, are not revealed through this data
element and hence cannot be used to determine throughput from each
compressor. Moreover, throughput data for each facility is already
available in the public domain  NOTEREF _Ref314658846 \f \h  \*
MERGEFORMAT  7 . Thus, this data element does not compromise
confidential business information that will harm the business’s
competitive advantage, because the information that is revealed by this
data element is already publicly available. The EPA is proposing that
this data be not confidential and considered non-CBI.

The EPA is proposing to assign 38 subpart W data elements to the
“Unit/process Operating Characteristics that Are Not Inputs to
Emission Equations” data category, because they are characteristics of
equipment, such as wells and plunger lifts, abatement devices, and other
facility-specific characteristics that vary over time with changes in
operations and processes (and are not inputs to emission equations).
Some of these elements are part of extension requests for the use of
BAMM and generally relate to the reasons for a request and expected
dates of compliance with regular reporting requirements. The remaining
data elements are part of the annual GHG report for 40 CFR part 98,
subpart W. All of the 38 data elements are listed below. Of the 38 data
elements, elements 1 thru 37 are proposed as non-CBI, while data element
38 is proposed to be CBI, as explained in Table 4 of this preamble:

Table 4. Data Elements Proposed to be Assigned to the “Unit/Process
Operating Characteristics That are Not Inputs to Emission Equations”
Data Category.

	Citation	Data Element	Proposed Rationale

1	98.236c4iiB	All glycol dehydrator with throughput less than 0.4
MMscfd: Which vent gas controls are used.	A glycol dehydration unit is a
process unit that separates liquids from a natural gas stream using
diethylene glycol (DEG) or triethylene glycol (TEG). Information on the
types of vent gas controls used for glycol dehydrators does not provide
insight into the facility’s performance or operational efficiency that
would likely result in substantial competitive harm if disclosed.
Furthermore, information about the types of vent gas controls typically
used at petroleum and natural gas facilities is publicly available
through EPA’s Natural Gas Star Program technology fact sheets. The EPA
is proposing that this data element is not confidential; and that it
will be considered non-CBI.

2	98.236c5iB	Well venting for liquids unloading, for Calculation
Methodology 1, where the following by each tubing diameter group and
pressure group combination within each sub-basin category are reported:
Whether the selected well from the tubing diameter and pressure group
combination had a plunger lift (yes/no).	A plunger lift system is an
artificial liquid lift mechanism that includes a plunger (tubular steel
structure with valves) that rests at the bottom of a wellbore on a
spring loaded base. As gas is produced through the natural gas well,
liquids accumulate on top of the plunger and gradually reduce the flow
rate of natural gas. To expel the liquids from the well, the well is
shut-in, at which point the casing pressure builds up and pushes the
plunger to the surface preceded by the liquids in the well bore.
Information on whether or not such artificial lift systems are being
used for a given well would not provide insight into the performance or
the operational efficiency of the facility because knowing those
operational characteristics of a facility would not result in
compromising a reporter’s competitive advantage. Furthermore, the
production and throughput data are already publicly available.  The EPA
is proposing that this data element is not confidential; and that it
will be considered non-CBI.

3	98.236c5iB	Well venting for liquids unloading, for Calculation
Methodology 1, where the following by each tubing diameter group and
pressure group combination within each sub-basin category are reported:
Count of plunger lifts.	A plunger lift system is an artificial liquid
lift mechanism that includes a plunger (tubular steel structure with
valves) that rests at the bottom of a wellbore on a spring loaded base.
As gas is produced through the natural gas well, liquids accumulate on
top of the plunger and gradually reduce the flow rate of natural gas. To
expel the liquids from the well, the well is shut-in, at which point the
casing pressure builds up and pushes the plunger to the surface preceded
by the liquids in the well bore. Information on the count of plunger
lifts at a sub-basin level for a given facility does not reveal any
sensitive information at a facility and would likely not cause
competitive harm if disclosed. The EPA is proposing that this data
element is not confidential; and that it will be considered non-CBI.

4	98.236c5iA	Well venting for liquids unloading, for Calculation
Methodology 1, report the following by each tubing diameter group and
pressure group combination within each sub-basin category are reported:
Count of wells vented to the atmosphere for liquids unloading.	Liquid
unloading is conducted in mature gas wells that have an accumulation of
liquids that impedes the steady flow of natural gas. This is a common
occurrence in reservoirs where the pressure is depleted and liquids
enter the wellbore. Information on the number of wells vented to the
atmosphere for the purposes of unloading liquids or the frequency of the
unloadings does not provide insight into sensitive or proprietary
information about a facility, but rather may give a sense of the
relative vintage of the well and about production rates for a given
well, which are already publicly available through state oil and gas
commissions and commercial databases. Hence, information on the count of
wells vented to the atmosphere for liquids unloading does not reveal any
sensitive information at a facility and would likely not cause
competitive harm if disclosed. The EPA is proposing that this data
element is not confidential; and that it will be considered non-CBI.

5	98.236c5iC	Well venting for liquids unloading, for Calculation
Methodology 1, report the following by each tubing diameter group and
pressure group combination within each sub-basin category are reported:
Cumulative number of unloadings vented to the atmosphere.	Liquid
unloading is conducted in mature gas wells that have an accumulation of
liquids that impedes the steady flow of natural gas. This is a common
occurrence in reservoirs where the pressure is depleted and liquids
enter the wellbore. Information on the number of wells vented to the
atmosphere for the purposes of unloading liquids or the frequency of the
unloadings does not provide insight into sensitive or proprietary
information about a facility, but rather may give a sense of the
relative vintage of the well and about production rates for a given
well, which are already publicly available through state oil and gas
commissions and commercial databases  NOTEREF _Ref315349524 \h  \*
MERGEFORMAT  16 . Hence, information on the count of wells vented to the
atmosphere for liquids unloading does not reveal any sensitive
information at a facility and would likely not cause competitive harm if
disclosed. The EPA is proposing that this data element is not
confidential; and that it will be considered non-CBI.

6	98.236c5iiA	Well venting for liquids unloading, for Calculation
Methodologies 2 and 3, report the following for each sub-basin category
are reported: Count of wells vented to the atmosphere for liquids
unloading.	Liquid unloading is conducted in mature gas wells that have
an accumulation of liquids which impedes the steady flow of natural gas.
This is a common occurrence in reservoirs where the pressure is depleted
and liquids enter the wellbore. Information on the number of wells
vented to the atmosphere for the purposes of unloading liquids or the
frequency of the unloadings does not provide insight into sensitive or
proprietary information about a facility, but rather may give a sense of
the relative vintage of the well and about production rates for a given
well, which are already publicly available through state oil and gas
commissions and commercial databases  NOTEREF _Ref315349524 \h  \*
MERGEFORMAT  16 . Hence, information on the count of wells vented to the
atmosphere for liquids unloading does not reveal any sensitive
information at a facility and would likely not cause competitive harm if
disclosed. The EPA is proposing that this data element is not
confidential; and that it will be considered non-CBI.

7	98.236c5iiB	Well venting for liquids unloading, for Calculation
Methodologies 2 and 3, where the following by each tubing diameter group
and pressure group combination within each sub-basin category are
reported: Count of plunger lifts.	A plunger lift systems is an
artificial liquid lift mechanism that includes a plunger (tubular steel
structure with valves) that rests at the bottom of a wellbore on a
spring loaded base. As gas is produced through the natural gas well,
liquids accumulate on top of the plunger and gradually reduce the flow
rate of natural gas. To expel the liquids from the well, the well is
shut-in, at which point the casing pressure builds up and pushes the
plunger to the surface preceded by the liquids in the well bore.
Information on the count of plunger lifts at a sub-basin level for a
given facility does not reveal any sensitive information at a facility
and would likely not cause competitive harm if disclosed. The EPA is
proposing that this data element is not confidential; and that it will
be considered non-CBI.

8	98.236c6iA 	Gas well completions with hydraulic fracturing, report the
following for each sub-basin and well type (horizontal or vertical)
combination: Total count of completions in calendar year.	The term
“well completions” commonly refers to the process of cleaning the
wellbore of drill cuttings, cutting fluids, and proppants (when a well
is hydraulically fractured) after the well has been drilled. Information
on the number of completions performed by an oil and gas operator in a
given year is available publicly on state oil and gas commission
websites, commercial oil and gas databases, and also is available
publicly through the EIA. Therefore, the EPA is proposing that this data
element is not confidential; and that it will be considered non-CBI.

9	98.236c6iG

	Gas well completions with hydraulic fracturing, where the following for
each sub-basin and well type (horizontal or vertical) combination are
reported: Number of completions employing purposely designed equipment
that separates natural gas from the backflow.	The term “well
completions” commonly refers to the process of cleaning the wellbore
of drill cuttings, cutting fluids, and proppants (when a well is
hydraulically fractured) after the well has been drilled. Hydraulically
fractured wells result in significantly higher backflow gas in
comparison to conventional wells without hydraulic fracturing.
Completions on a subset of the hydraulically fractured wells may be
performed using purposely designed equipment that separates natural gas
from the backflow, generally referred to as reduced emission
completions. Information on the number of completions performed by an
oil and gas operator in a given year is available publicly on state oil
and gas commission websites, and also is available publicly through the
EIA. The amount of estimated emissions resulting from well completions
and workovers with hydraulic fracturing employing purposely designed
equipment that separates natural gas from the backflow is publicly
available in the National Inventory.  The disclosure of the number of
completions employing purposely designed equipment that separates
natural gas from the backflow is not likely to cause substantial
competitive harm because throughput data are already publicly available
through the EIA.  Therefore, the EPA is proposing that this data element
is not confidential; and that it will be considered non-CBI.

10	98.236c6iC  	Gas well workovers with hydraulic fracturing, report the
following for each sub-basin and well type (horizontal or vertical)
combination: Total count of workovers in calendar year that flare gas or
vent gas to the atmosphere.	As natural gas wells mature, the production
from the well decreases. Often such mature wells are hydraulically
fractured to increase production and the wells are re-completed.
Information on the number of workovers performed nationally in a given
year is available through the U.S. National Inventory. Knowing that
wells are being worked over can only give a sense of the relative
vintage of the well and increase in production rates. However, the
information on age and production throughput is available through oil
and gas commissions and commercial databases as well as the EIA.  Hence,
information on the count of wells that undergo workovers does not reveal
any sensitive information at a facility and would likely not cause
competitive harm if disclosed. The EPA is proposing that this data
element is not confidential; and that it will be considered non-CBI.

11	98.236c6iH

	Gas well workovers with hydraulic fracturing, where the following for
each sub-basin and well type (horizontal or vertical) combination are
reported: Number of workovers employing purposely designed equipment
that separates natural gas from the backflow.	As natural gas wells
mature, the production from the well decreases. Often such mature wells
are hydraulically fractured to increase production and the wells are
re-completed. Information on the number of workovers performed by oil
and gas operators in a given year is available publicly through the U.S.
National Inventory. The amount of estimated emissions resulting from
well completions and workovers with hydraulic fracturing employing
purposely designed equipment that separates natural gas from the
backflow is publicly available in the National Inventory.  The amount of
natural gas captured through reduced emission completions from well
workovers gives a sense of the mitigation of GHGs and increase in
throughput, i.e. gas production. However, throughput information is
already available through oil and gas commission websites and commercial
oil and gas databases as well as the EIA.  Therefore, the disclosure of
the information on the number of workovers employing purposely-designed
equipment that separates natural gas from the backflow is not likely to
cause substantial competitive harm. The EPA is proposing that this data
element is not confidential; and that it will be considered non-CBI.

12	98.236c6iiC

	Gas well completions and workovers without hydraulic fracturing: Total
number of days of gas venting to the atmosphere during backflow for
completion.	The term “well completions” commonly refers to the
process of cleaning the wellbore of drill cuttings, cutting fluids, and
proppants (when well is hydraulically fractured) after the well has been
drilled. Information on the number of completions performed by an oil
and gas operator in a given year is available publicly on state oil and
gas commission websites, and through the EIA. Furthermore, the
disclosure of information on the total number of days of gas venting to
the atmosphere during backflow for completion is not likely to cause
substantial competitive harm because it does not reveal sensitive or
proprietary information about the facility.  Therefore, the disclosure
of the information on the number of days of backflow during completions
is not likely to cause substantial competitive harm. The EPA is
proposing that this data element is not confidential; and that it will
be considered non-CBI

13	98.236c7iA  	For blowdown vent stack emission source, for each unique
physical volume that is blown down more than once during the calendar
year: Total number of blowdowns for each unique physical volume in the
calendar year (when using Eq. W-14B).	When equipment is taken out of
service either to be placed in standby or for maintenance purposes, the
natural gas in the equipment is typically released to the atmosphere.
Such a practice is called blowdown. Blowdowns in a facility, unless for
planned maintenance, are usually un-planned events. The number of
blowdowns does not provide any process specific information, such as how
long the equipment has been operating or at what efficiency. Hence, the
disclosure of the information on the number of blowdowns is not likely
to cause substantial competitive harm. The EPA is proposing that this
data element is not confidential; and that it will be considered
non-CBI.

14	98.236c7iiA 	For blowdown vent stack emission source, for all unique
volumes that are blown down once during the calendar year: Total number
of blowdowns for all unique physical volumes in the calendar year.	When
equipment is taken out of service either to be placed in standby or for
maintenance purposes, the natural gas in the equipment is typically
released to the atmosphere. Such a practice is called blowdown.
Blowdowns in a facility, unless for planned maintenance, are usually
un-planned events. The number of blowdowns does not provide any process
specific information, such as how long the equipment has been operating
or at what efficiency. Hence, the disclosure of the information on the
number of blowdowns is not likely to cause substantial competitive harm.
The EPA is proposing that this data element is not confidential; and
that it will be considered non-CBI.

15	98.236c8iB  	Wellhead gas-liquid separator with oil throughput
greater than or equal to 10 barrels per day, using Calculation
Methodology 1 and 2 of 40 CFR 98.233(j), reported by sub-basin category:
Estimated average separator temperature (degrees Fahrenheit) (when using
methodology 1).	Separators are used to separate hydrocarbons into liquid
and gas phases. Separators are typically connected to atmospheric
storage tanks (hydrocarbon tanks) where hydrocarbon liquids are stored.
Characteristics of the separator, such as temperature and pressure, may
vary widely and are dependant on the particular characteristics of the
oil entering the separator. Information about the temperature of the
separator does not provide insight into the performance or the
operational efficiency of the separator that would likely cause
substantial competitive harm if disclosed, because general information
about throughput, which may be inferred when combined with other
information, about this equipment is already publicly available.
Furthermore, this data element is reported as an average value from a
sub-basin, and is not reported for each piece of equipment,  further
diminishing any sensitivity related to disclosure of this data element.
The EPA is proposing that this data element is not confidential; and
that it will be considered non-CBI.

16	98.236c8iB  	Wellhead gas-liquid separator with oil throughput
greater than or equal to 10 barrels per day, using Calculation
Methodology 1 and 2 of 40 CFR 98.233(j), reported by sub-basin category:
Estimated average separator temperature (degrees Fahrenheit) (when using
methodology 2).	Separators are used to separate hydrocarbons into liquid
and gas phases. Separators are typically connected to atmospheric
storage tanks (hydrocarbon tanks) where hydrocarbon liquids are stored.
Characteristics of the separator, such as temperature and pressure, may
vary widely and are dependent on the particular characteristics of the
oil entering the separator. Information about the temperature of the
separator does not provide insight into the performance or the
operational efficiency of the separator that would likely cause
substantial competitive harm if disclosed, because general information
about throughput, which may be inferred when combined with other
information about this equipment that is already publicly available.
Furthermore, this data element is reported as an average value from a
sub-basin, and is not reported for each piece of equipment, therefore,
further diminishing any sensitivity related to disclosure of this data
element. The EPA is proposing that this data element is not
confidential; and that it will be considered non-CBI.

17	98.236c8iB  	Wellhead gas-liquid separator with oil throughput
greater than or equal to 10 barrels per day, using Calculation
Methodology 1 and 2 of 40 CFR 98.233(j), reported by sub-basin category:
Estimated average pressure (psig) (when using methodology 1).	Separators
are used to separate hydrocarbons into liquid and gas phases. Separators
are typically connected to atmospheric storage tanks (hydrocarbon tanks)
where hydrocarbon liquids are stored. Characteristics of the separator,
such as temperature and pressure, may vary widely and are dependent on
the particular characteristics of the oil entering the separator.
Information about the pressure of the separator does not provide insight
into the performance or the operational efficiency of the separator that
would likely cause substantial competitive harm if disclosed, because
general information about throughput, which may be inferred when
combined with other information  about this equipment that is already
publicly available. Furthermore, this data element is reported as an
average value from a sub-basin, and is not reported for each piece of
equipment, further diminishing any sensitivity related to disclosure of
this data element. The EPA is proposing that this data element is not
confidential; and that it will be considered non-CBI.

18	98.236c8iB  	Wellhead gas-liquid separator with oil throughput
greater than or equal to 10 barrels per day, using Calculation
Methodology 1 and 2 of 40 CFR 98.233(j), reported by sub-basin category:
Estimated average pressure (psig) (when using methodology 2).	Separators
are used to separate hydrocarbons into liquid and gas phases. Separators
are typically connected to atmospheric storage tanks (hydrocarbon tanks)
where hydrocarbon liquids are stored. Characteristics of the separator,
such as temperature and pressure, may vary widely and are dependent on
the particular characteristics of the oil entering the separator.
Information about the pressure of the separator does not provide insight
into the performance or the operational efficiency of the separator that
would likely cause substantial competitive harm if disclosed, because
general information about throughput, which may be inferred when
combined with other information about this equipment that is already
publicly available. Furthermore, this data element is reported as an
average value from a sub-basin, and is not reported for each piece of
equipment,  further diminishing any sensitivity related to disclosure of
this data element. The EPA is proposing that this data element is not
confidential; and that it will be considered non-CBI.

19	98.236c8ivA  	If wellhead separator dump valve is functioning
improperly during the calendar year: Count of wellhead separators that
dump valve factor is applied.	Separators are used to separate
hydrocarbons into liquid and gas phases. Separators are typically
connected to atmospheric storage tanks (hydrocarbon tanks) where
hydrocarbon liquids are stored. Dump valves on separators are used to
periodically dump liquids in the separator into a liquids pipeline.
Malfunctioning dump valves are a function of the maintenance of the
separator. Information on dump valves, such as the count of separators
for which the dump valves were improperly functioning during the
calendar year, would not provide meaningful insight into proprietary or
sensitive information at a facility and would likely not cause
competitive harm if disclosed. The EPA is proposing that this data
element is not confidential; and that it will be considered non-CBI.

20	98.236c10i 	Well testing venting and flaring: Number of wells tested
per basin in calendar year.	Well testing venting and flaring refers to
the process by which an owner or operator vents or flares natural gas at
the time the production rate of a well is determined for regulatory,
commercial, or technical purposes. Venting and flaring done immediately
after a well completion is included in the well completion emissions and
not under the well testing venting and flaring emissions source. The EPA
is proposing that the disclosure of this data be non-confidential,
because the disclosure of this data likely would not cause substantial
competitive harm. The data is reported at a basin level as opposed to a
field or sub-basin level, which is at a much greater level of
granularity.. Furthermore, reporting the number of wells tested in a
basin for a given year does not provide any insight on exactly which
wells within that basin were tested, thereby diminishing the sensitivity
associated with disclosure of this data. Lastly, the data reported does
not include the production rate of the tested well, thereby further
diminishing the sensitivity with disclosure of this data. The EPA is
proposing that this data element is not confidential; and that it will
be considered non-CBI.

21	98.236c10ii  	Well testing venting and flaring: Average gas to oil
ratio for each basin.	Well testing venting and flaring refers to the
process by which an owner or operator vents or flares natural gas at the
time the production rate of a well is determined for regulatory,
commercial, or technical purposes. Venting and flaring done immediately
after a well completion is included in the well completion emissions and
not under the well testing venting and flaring emissions source.
Disclosure of the average gas to oil ratio of wells tested within a
basin is not likely to cause substantial competitive harm because
information on the gas to oil ratio for wells can be determined through
publicly available information through many state agencies (e.g., the
Railroad Commission of Texas lists the gas to oil ratio in their “Gas
Master” and “Oil Master” publications). Furthermore, this data
element is reported as an average ratio at a basin level and is not
reported on a per well basis,  further diminishing sensitivity
associated with disclosure of this data. The EPA is proposing that this
data element is not confidential; and that it will be considered
non-CBI.

22	98.236c10iii 	Well testing venting and flaring: Average number of
days the well is tested in a basin.	Well testing venting and flaring
refers to the process by which an owner or operator vents or flares
natural gas at the time the production rate of a well is determined for
regulatory, commercial, or technical purposes. Venting and flaring done
immediately after a well completion is included in the well completion
emissions and not under the well testing venting and flaring emissions
source. Disclosure of the average number of days the well is tested in a
basin is not likely to cause substantial harm, because reporters are
reporting an average for all of the wells tested within a basin rather
than reporting for the number of data days of well testing for
individual wells. Furthermore, the number of days a well is tested in a
basin is not likely to provide any insight into proprietary or sensitive
information at a facility and would likely not cause competitive harm if
disclosed.  The EPA is proposing that this data element is not
confidential; and that it will be considered non-CBI.

23	98.236c11ii	Associated natural gas venting and flaring for each
basin: Average gas to oil ratio for each basin.	Disclosure of the
average gas to oil ratio of wells tested within a basin is not likely to
cause substantial competitive harm, because information on the gas to
oil ratio for wells can be determined through publicly available
information through many state agencies (e.g., the Railroad Commission
of Texas lists the gas to oil ration in their “Gas Master” and
“Oil Master” publications). Gas to oil ratios can generally be
determined from the ratio of the volume of gas that comes out of
solution to the volume of oil produced at specified conditions.
Furthermore, this data element is reported as an average ratio at a
basin level and is not reported on a per well basis, thus further
diminishing sensitivity associated with disclosure. The EPA is proposing
that this data element is not confidential; and that it will be
considered non-CBI.

24	98.236c11i	For associated natural gas venting and flaring for each
basin: Number of wells venting or flaring associated natural gas in a
calendar year.	Associated natural gas is vented or flared when it is not
being captured for sales. This information can be used to determine the
crude oil production from the facility. However, because production
information is already available through state oil and gas commissions
and commercial oil and gas databases, including the EIA, the EPA is
proposing that this data element is not confidential; and that it will
be considered non-CBI.

25	98.236c12iii	Flare stacks: Percent of gas sent to un-lit flare
determined by engineering estimate and process knowledge based on best
available data and operating records.	The EIA published emissions
information on vents and flares in an Emissions Study which is available
to the public.  In addition,  the Bureau of Energy Management and
Regulatory Enforcement  (BOEMRE)  collects information on flare and vent
stack emissions through 30 CFR 250.1163(a), for which information is
made publicly available through the offshore platform studies. Hence,
the EPA is proposing that this data element is not confidential; and
that it will be considered non-CBI.

26	98.236c15iB	For each component type (major equipment type for onshore
production) that uses emission factors for estimating emissions (refer
to 40 CFR 98.233(q) and (r)):  Equipment leaks found in each leak
survey: For Onshore natural gas processing; range of concentrations of
CO2 (refer to Equation W-30 of 40 CFR 98.233).	The typical composition
of natural gas in processing plants upstream of the dew point control is
similar to that of production quality gas. Production quality gas
information is available through databases from Gas Technology Institute
and Department of Energy Gas Information System (GASIS) Database both of
which are publicly available. Furthermore, the composition of natural
gas downstream of the dew point control is typically similar to
transmission quality gas. Transmission pipeline companies continuously
monitor their gas composition and publish gas composition data on their
websites. Also, the composition of gas varies throughout the year.
Hence, the disclosure of the range of concentrations of individual
components is not likely to cause substantial competitive harm.
Therefore, the EPA is proposing that this data element is not
confidential; and that it will be considered non-CBI.

27	98.236c15iB	For each component type (major equipment type for onshore
production) that uses emission factors for estimating emissions (refer
to 40 CFR 98.233(q) and (r)): Equipment leaks found in each leak survey:
For Onshore natural gas processing; range of concentrations of CH4
(refer to Equation W-30 of 40 CFR 98.233).	The typical composition of
natural gas in processing plants upstream of the dew point control is
similar to that of production quality gas. Production quality gas
information is available through databases from Gas Technology Institute
and Department of Energy GASIS Database both of which are publicly
available. Furthermore, the composition of natural gas downstream of the
dew point control is typically similar to transmission quality gas.
Transmission pipeline companies continuously monitor their gas
composition and publish gas composition data on their websites. Also,
the composition of gas varies throughout the year. Hence, the disclosure
of the range of concentrations of individual components is not likely to
cause substantial competitive harm. Therefore, the EPA is proposing that
this data element is not confidential; and that it will be considered
non-CBI.

28	98.236c15iA	For each component type (major equipment type for onshore
production) that uses emission factors for estimating emissions (refer
to 40 CFR 98.233(q) and (r)):

Total count of leaks found in each complete survey listed by date of
survey and each type of leak source for which there is a leaker emission
factor in Tables W-2, W-3, W-4, W-5, W-6, and W-7 of this subpart.	The
term “equipment leaks” refers to those emissions which could not
reasonably pass through a stack, chimney, vent, or other
functionally-equivalent opening. Leaking components at a facility may
have a correlation to the level of maintenance at a facility. However,
there is no direct correlation between the level of maintenance and
process efficiency, i.e. a higher number of leaks in one facility do not
indicate that the processes have been running longer or more frequently
than those processes at another facility that has a lower number of
leaks. Furthermore, Department of Transportation and Federal Energy
Regulatory Commission (FERC) regulations require natural gas
distribution companies and transmission pipeline companies,
respectively, to conduct periodic leak detection and fix any leaking
equipment. The number of leaks detected and fixed are classified and
reported to the DOT and is publicly available. Finally, 40 CFR part 60,
subpart KKK requires facilities to monitor for VOC leaks and report them
to the EPA. The EPA is proposing that this data element is not
confidential; and that it will be considered non-CBI.

29	98.236e	For onshore petroleum and natural gas production report the
following:

Best available estimate of the API gravity for each oil sub-basin
category.	The API gravity is a measurement of density of crude oil or
petroleum product. Information about the API gravity for specific
operators in a basin is publicly available through many state agencies
(e.g., the Railroad Commission of Texas). Therefore, the disclosure of
the API gravity is not likely to cause substantial competitive harm.
Furthermore, this data element is reported as an average for the
sub-basin rather than for individual wells, which further diminishes any
sensitivity associated with disclosure of this data element. The EPA is
proposing that this data element is not confidential; and that it will
be considered non-CBI.

30	98.236e	For onshore petroleum and natural gas production report the
following:

Best available estimate of the gas to oil ratio for each oil sub-basin
category.	Gas to oil ratios can generally be determined by taking the
ratio of the volume of gas that comes out of solution, to the volume of
oil produced at specified conditions. Disclosure of the average gas to
oil ratio of wells tested within a basin is not likely to cause
substantial competitive harm because the gas to oil ratio for wells can
be determined from information made public by many state agencies (e.g.,
the Railroad Commission of Texas). Also, this data element is reported
as an average ratio for the sub-basin and is not reported on a per well
basis, further diminishing sensitivity associated with disclosure. The
EPA is proposing that this data element is not confidential; and that it
will be considered non-CBI.

31	98.236e	For onshore petroleum and natural gas production report the
following:

Best available estimate of the average low pressure separator pressure
for each oil sub-basin category.	The low pressure separator refers to
the last separator in a series of separators that are used for gravity
separation of hydrocarbons into liquid and gas phases. Separator
pressure, along with the gas-to-oil ratio and temperature of the
separator, can be used to estimate throughput of natural gas and oil (or
condensate) from the facility. However, throughput information is
already available through state oil and gas commissions and commercial
oil and gas databases as well as the EIA.  Hence, the EPA is proposing
that this data element is not confidential; and that it will be
considered non-CBI.

32	98.236c13iB	For compressors with wet seals in operational mode:
Fraction of vent gas recovered for fuel or sales or flared.	Compressors
are sometimes equipped with wet seals. Wet seals form the barrier that
keeps gas from seeping through the gap between the compressor shaft and
the compressor casing. Knowing the fraction of vent gas recovered for
fuel, sales, or flare can give an indication of the efficiency of the
capture device. However, such efficiencies are common knowledge
available from equipment  vendors. In addition, knowing the fraction of
gas captured can give an indication of the volume of gas captured. The
volume of gas captured for sending to a flare or fuel system are a
portion of the total flare emissions and total fuel consumed at a
facility. Information on flare emissions from processing plants is
publicly available through EIA. Because this type of information is
available upstream, the EPA is proposing that the same type of
information being reported by other facilities downstream of the
processing plant will also not cause substantial competitive harm if
disclosed and would not result in any competitive disadvantage to the
reporters. Finally, the sales volume of gas, essentially the facility
throughput, is public information available through state oil and gas
commission websites and commercial oil and gas databases as well as the
EIA.  Hence, the EPA is proposing that this data element is not
confidential; and that it will be considered non-CBI.

33	98.236c8iiiD	Wellhead gas-liquid separators and wells with throughput
less than 10 barrels per day, using Calculation Methodology 5 of 40 CFR
98.233(j) Equation W-15 of 40 CFR 98.233: Best estimate of fraction of
production sent to tanks with assumed control measures: either vapor
recovery system or flaring of tank vapors.	The fraction of production
sent to tanks with assumed control measures, either with vapor recovery
systems or flares, refers to the amount of hydrocarbon liquids produced
from wells that is sent to tanks with specified control measures.
Information about the fraction of production sent to tanks with control
measures would likely not cause substantial competitive harm because the
estimated amount of methane and carbon dioxide emissions for tanks and
separators are publicly available through EPA’s National Inventory,
thus diminishing the sensitivity of disclosing this data. Furthermore,
the amount of gas captured, can indicate the increase in production
throughput of the facility. However, this is already publicly available
through many state oil and gas commissions, and is also available
through commercial oil and gas databases as well as the EIA.  The EPA is
proposing that this data element is not confidential; and that it will
be considered non-CBI.

34	98.234f8i	Extension requests which request Best Available Monitoring
Method (BAMM) beyond 2011 for sources listed in 40 CFR 98.234(f)(2),
(3), (4), and (5)(iv):

Initial electronic notice of intent to submit an extension request for
the use of BAMM beyond December 31, 2011.	An initial notice of intent to
extend the period during which BAMM is used does not contain detailed
information, such as process diagrams and operational information, which
could provide insight into facility-specific operating conditions or
process design, or any other proprietary or sensitive information at a
facility, and would likely not cause competitive harm if disclosed.. The
EPA is proposing that this data element is not confidential; and that it
will be considered non-CBI.

35	98.234f8iiB	Extension requests which request BAMM beyond 2011 for
sources listed in 40 CFR 98.234(f)(2), (3), (4), and (5)(iv):
Description of the unique or unusual circumstances, such as data
collection methodologies that do not meet safety regulations or specific
laws or regulations that conflict for each source for which an owner or
operator is requesting use of BAMM.	The description of the unique or
unusual circumstances, including data collection methodologies that the
reporting facility cannot follow or of the monitoring instruments that
cannot be installed does not reveal detailed information, such as
process diagrams and operational information, which could provide
insight into facility-specific operating conditions or process design,
or any other proprietary or sensitive information at a facility, and
would likely not cause competitive harm if disclosed. The EPA is
proposing that this data element is not confidential; and that it will
be considered non-CBI.

36	98.234f8iiB	Extension requests which request BAMM beyond 2011 for
sources listed in 40 CFR 98.234(f) (2), (3), (4), and (5) (iv):
Description of the unique or unusual circumstances, such as data
collection methodologies that are technically infeasible for which an
owner or operator is requesting use of BAMM.	The description of the
unique or unusual circumstances, including data collection methodologies
that the reporting facility cannot follow or of the monitoring
instruments that cannot be installed does not reveal detailed
information, such as process diagrams and operational information, which
could provide insight into facility-specific operating conditions or
process design, or any other proprietary or sensitive information at a
facility, and would likely not cause competitive harm if disclosed. The
EPA is proposing that this data element is not confidential; and that it
will be considered non-CBI.

37	98.234f8iiC	Extension requests which request BAMM beyond 2011 for
sources listed in 40 CFR 98.234(f)(2), (3), (4), and (5)(iv): Detailed
explanation and supporting documentation of how the owner or operator
will receive the services or equipment to comply with all of these
subpart W reporting requirements.	A description of the methods by which
the necessary equipment and services will be secured does not reveal
detailed information, such as process diagrams and operational
information, which could provide insight into facility-specific
operating conditions or process design, or any other proprietary or
sensitive information at a facility, and would likely not cause
competitive harm if disclosed. The EPA is proposing that this data
element is not confidential; and that it will be considered non-CBI.

38	98.234f8iiC	Extension requests which request BAMM beyond 2011 for
sources listed in 40 CFR 98.234(f)(2), (3), (4), and (5)(iv): Detailed
explanation and supporting documentation of when the owner or operator
will receive the services or equipment to comply with all of these
subpart W reporting requirements.  Proposed as CBI.	This data element
includes the dates by which the owner or operator will receive the
services or equipment necessary to comply with all of the subpart W
reporting requirements. The EPA is proposing that this data element be
confidential because it would reveal information to a competitor about
when a facility would be installing equipment or when the facility would
plan to perform the necessary modifications to their processes in order
to comply with the rule. The disclosure of this type of sensitive
information about a facility’s internal processes may give a
competitor an unfair advantage.  See 40 CFR 98.234(f) (8)(ii)(C). The
EPA is proposing that this data element be confidential; and that it
will be considered CBI. (Proposed as CBI).

D. Commenting on the Proposed Confidentiality Determinations

We seek comment on the proposed confidentiality status of data elements
in two direct emitter data categories: “Unit/Process ‘Static’
Characteristics that Are Not Inputs to Emission Equations” and
“Unit/Process Operating Characteristics that Are Not Inputs to
Emission Equations”. By the EPA’s proposing confidentiality
determinations prior to data reporting through this proposal and
rulemaking process, we provide potential reporters an opportunity to
submit comments identifying data they consider sensitive and the
rationales and supporting documentation, the same as those they would
otherwise submit for case-by-case confidentiality determinations. We
will evaluate claims of confidentiality before finalizing the
confidentiality determinations. Please note that this will be
reporters’ only opportunity to substantiate your confidentiality
claim. Once finalized, the EPA will release or withhold subpart W data
in accordance with 40 CFR 2.301, which contains special provisions
governing the treatment of Part 98 data for which confidentiality
determinations have been made through rulemaking. Please consider the
following instructions in submitting comments on the data elements in
subpart W.

Please identify each individual data element you do or do not consider
to be CBI or emission data in your comments. Please explain specifically
how the public release of that particular data element would or would
not cause a competitive disadvantage to a facility. Discuss how this
data element may be different from or similar to data that are already
publicly available. Please submit information identifying any publicly
available sources of information containing the specific data elements
in question, since data that are already available through other sources
would not be proposed as CBI. In your comments, please identify the
manner and location in which each specific data element you identify is
available, including a citation. If the data are physically published,
such as in a book, industry trade publication, or federal agency
publication, provide the title, volume number (if applicable),
author(s), publisher, publication date, and ISBN or other identifier.
For data published on a website, provide the address of the website and
the date you last visited the website and identify the website publisher
and content author.

If your concern is that competitors could use a particular input to
discern sensitive information, specifically describe the pathway by
which this could occur and explain how the discerned information would
negatively affect your competitive position. Describe any unique process
or aspect of your facility that would be revealed if the particular data
element(s) you consider sensitive were made publicly available. If the
data element you identify would cause harm only when used in combination
with other publicly available data, then describe the other data,
identify the public source(s) of these data, and explain how the
combination of data could be used to cause competitive harm. Describe
the measures currently taken to keep the data confidential. Avoid
conclusory and unsubstantiated statements, or general assertions
regarding potential harm. Please be as specific as possible in your
comments and include all information necessary for the EPA to evaluate
your comments.

IV. Proposed Deferral of Inputs to Emission Equations for Subpart W and
Amendments to Table A-7

Of the 154 subpart W data elements that were revised in the Subpart W
Technical Revisions Rule, 30 are “Inputs to Emission Equations”. All
30 are revisions to existing “Inputs to Emission Equations” that
were addressed in the Final Deferral and included in Table A-7 to
subpart A of Part 98. For the 30 revised inputs, the revisions did not
change the type of information to be reported to the EPA under these
requirements. For 19 of the 30 inputs, the changes included minor
wording changes such as requiring certain data elements be reported by
“sub-basin” instead of “field” or small clarifications that did
not change the general meaning of the data elements. For 11 of the 30
inputs, the Technical Revisions Rule re-numerated the section
references. We are therefore proposing in this action to amend Table A-7
of Part 98 by re-numerating these 11 subpart W “Inputs to Emission
Equations” as finalized in the Subpart W Technical Revisions Rule.

The Subpart W Technical Revisions Rule also added the following 10 new
data elements, which we are proposing to assign to the “Inputs to
Emission Equations” data category and to defer their reporting until
March 31, 2015. The proposed inputs include the following 10 data
elements:

Annual quantity of CO2, that was recovered from each acid gas removal
unit and transferred outside the facility (metric tons CO2e), under
subpart PP of this part. (40 CFR 98.236(c)(3)(iv))

Blowdown vent stack emission source, for each unique physical volume
that is blown down more than once during the calendar year: Report total
number of blowdowns for each unique physical volume in the calendar year
(when using Eq. W-14A). (40 CFR 98.236(c)(7)(i)(A))

Wellhead gas-liquid separator with oil throughput greater than or equal
to 10 barrels per day, using Calculation Methodology 1 of 40 CFR
98.233(j), report by sub-basin category: Annual CO2 gas quantities that
were recovered (metric tons CO2e), for all wellhead gas-liquid
separators or storage tanks using Calculation Methodology 1 of 40 CFR
98.233(j). (40 CFR 98.236(c)(8)(i)(K))

Wellhead gas-liquid separator with oil throughput greater than or equal
to 10 barrels per day, using Calculation Methodology 1 of 40 CFR
98.233(j), report by sub-basin category: Report annual CH4 gas
quantities that were recovered (metric tons CO2e), for all wellhead
gas-liquid separators or storage tanks using Calculation Methodology 1
of 40 CFR 98.233(j). (40 CFR 98.236(c)(8)(i)(K))

Wellhead gas-liquid separator with oil throughput greater than or equal
to 10 barrels per day, using Calculation Methodology 2 of 40 CFR
98.233(j), report by sub-basin category: Report annual CO2 gas
quantities that were recovered (metric tons CO2e), for all wellhead
gas-liquid separators or storage tanks using Calculation Methodology 2
of 40 CFR 98.233(j). (40 CFR 98.236(c)(8)(i)(K))

Wellhead gas-liquid separator with oil throughput greater than or equal
to 10 barrels per day, using Calculation Methodology 2 of 40 CFR
98.233(j), report by sub-basin category: Report annual CH4 gas
quantities that were recovered (metric tons CO2e), for all wellhead
gas-liquid separators or storage tanks using Calculation Methodology 2
of 40 CFR 98.233(j). (40 CFR 98.236(c)(8)(i)(K))

Wells with oil production greater than or equal to 10 barrels per day,
using Calculation Methodology 3 and 4 of 40 CFR 98.233(j), report the
following by sub-basin category: Report annual CO2 gas quantities that
were recovered (metric tons CO2e), for Calculation Methodology 3 or 4 of
40 CFR 98.233(j). (40 CFR 98.236(c)(8)(ii)(H))

Wells with oil production greater than or equal to 10 barrels per day,
using Calculation Methodology 3 and 4 of 40 CFR 98.233(j), report the
following by sub-basin category: Report annual CH4 gas quantities that
were recovered (metric tons CO2e), for Calculation Methodology 3 or 4 of
40 CFR 98.233(j). (40 CFR 98.236(c)(8)(ii)(H))

Wellhead gas-liquid separators and wells with throughput less than 10
barrels per day, using Calculation Methodology 5 of 40 CFR 98.233(j),
Equation W-15 of 40 CFR 98.233: Annual CO2 gas quantities that were
recovered (metric tons CO2e), at the sub-basin level for Calculation
Methodology 5 of 40 CFR 98.233(j). (40 CFR 98.236(c)(8)(iii)(G))

Wellhead gas-liquid separators and wells with throughput less than 10
barrels per day, using Calculation Methodology 5 of 40 CFR 98.233(j),
Equation W-15 of 40 CFR 98.233: Report annual CH4 gas quantities that
were recovered (metric tons CO2e), at the sub-basin level for
Calculation Methodology 5 of 40 CFR 98.233(j). (40 CFR
98.236(c)(8)(iii)(G))

As explained in Section II.A of the Final Deferral, these 10 data
elements are related to and therefore are being evaluated together along
with the other subpart W data elements assigned to this category. As
with the other equation inputs, we believe that to complete our
evaluation we will need until March 31, 2015, the current reporting
deadline for subpart W equation inputs. The EPA is therefore proposing
to add these 10 inputs to Table A-7 of Part 98 to require their
reporting by March 31, 2015. For more information, please refer to
Section II.B. of this preamble.

We are also proposing to move 21 data elements that were categorized as
“Inputs to Emission Equations” in the Final Deferral Rule to other
categories. These data elements require aggregated data to be reported
and not the specific values used in the equations. Therefore, the EPA is
proposing to re-categorize these data elements as either “Unit/Process
'Static' Characteristics that Are Not Inputs to Emission Equations” or
“Unit/Process Operating Characteristics that Are Not Inputs to
Emission Equations”. Please see the memorandum entitled “Proposed
Changes to Subpart W Inputs” in Docket ID No. EPA-HQ-OAR-2011-0028 for
a comparison of the changes to Table A-7 of subpart A for subpart W data
reporting elements.

V. Statutory and Executive Order Reviews

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

In this action, we are proposing to (1) Make confidentiality
determinations for subpart W data elements (except for inputs to
equations); and (2) make the changes described in this notice regarding
subpart W data elements in Table A-7 of Part 98, which specifies the
data elements to be reported by March 31, 2015.

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

B. Paperwork Reduction Act

As previously mentioned, this action proposes confidentiality
determinations for subpart W data elements (except for inputs to
equations) and amendments to Table A-7 of Part 98. This action does not
impose any new information collection burden. This action does not
increase the reporting burden. The Office of Management and Budget (OMB)
has previously approved the information collection requirements
contained in subpart W, under 40 CFR part 98, under the provisions of
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The Information
Collection Request (ICR) documents prepared by the EPA have been
assigned OMB control number 2060-0651 for subpart W. The OMB control
numbers for EPA regulations in 40 CFR are listed at 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

The RFA generally requires an agency to prepare a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements under the Administrative Procedure Act or any other statute
unless the agency certifies that the rule will not have a significant
economic impact on a substantial number of small entities. Small
entities include small businesses, small organizations, and small
governmental jurisdictions.

For purposes of assessing the impacts of this re-proposal on small
entities, “small entity” is defined as: (1) A small business as
defined by the Small Business Administration’s regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of a
city, county, town, school district or special district with a
population of less than 50,000; or (3) a small organization that is any
not-for-profit enterprise which is independently owned and operated and
is not dominant in its field.

This action proposes confidentiality determinations for subpart W data
elements (except for inputs to equations) and amendments to Table A-7 of
Part 98. After considering the economic impacts of this action on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
will not impose any new requirement on small entities that are not
currently required by Part 98.

The EPA took several steps to reduce the impact of Part 98 on small
entities. For example, the EPA determined appropriate thresholds that
reduced the number of small businesses reporting. In addition, the EPA
did not require facilities to install continuous emission monitoring
systems (CEMS) if they did not already have them. Facilities without
CEMS can calculate emissions using readily available data or data that
are less expensive to collect such as process data or material
consumption data. For some source categories, the EPA developed tiered
methods that are simpler and less burdensome. Also, the EPA required
annual instead of more frequent reporting. Finally, the EPA continues to
conduct significant outreach on the mandatory GHG reporting rule and
maintains an “open door” policy for stakeholders to help inform
EPA’s understanding of key issues for the industries.

We continue to be interested in the potential impacts of this action on
small entities and welcome comments on issues related to such effects.

D. Unfunded Mandates Reform Act (UMRA)

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538, requires federal agencies, unless otherwise prohibited by
law, to assess the effects of their regulatory actions on state, local,
and tribal governments and the private sector. Federal agencies must
also develop a plan to provide notice to small governments that might be
significantly or uniquely affected by any regulatory requirements. The
plan must enable officials of affected small governments to have
meaningful and timely input in the development of EPA regulatory
proposals with significant federal intergovernmental mandates and must
inform, educate, and advise small governments on compliance with the
regulatory requirements.

This action, which is proposing confidentiality determinations for
subpart W data elements (except for inputs to equations) and amendments
to Table A-7 of Part 98, does not contain a federal mandate that may
result in expenditures of $100 million or more for state, local, and
tribal governments, in the aggregate, or the private sector in any one
year. This action does not increase the reporting burden. Thus, this
action is not subject to the requirements of sections 202 or 205 of the
UMRA.

In developing Part 98, the EPA consulted with small governments pursuant
to a plan established under section 203 of the UMRA to address impacts
of regulatory requirements in the rule that might significantly or
uniquely affect small governments. For a summary of EPA’s
consultations with state and/or local officials or other representatives
of state and/or local governments in developing Part 98, see Section
VIII.D of the preamble to the final rule (74 FR 56370, October 30,
2009).

E. Executive Order 13132: Federalism

This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. However, for a more detailed
discussion about how Part 98 relates to existing state programs, please
see Section II of the preamble to the final rule (74 FR 56266, October
30, 2009).

This action, which is proposing confidentiality determinations for
subpart W data elements (except for inputs to equations) and amendments
to Table A-7 of Part 98, applies to facilities containing petroleum and
natural gas systems that directly emit greenhouses gases over 25,000
metric tons of CO2 equivalent. It does not apply to governmental
entities unless a government entity owns a facility that directly emits
greenhouse gases above threshold levels, so relatively few government
facilities would be affected. This action also does not limit the power
of states or localities to collect GHG data and/or regulate GHG
emissions. Thus, Executive Order 13132 does not apply to this action.

In the spirit of Executive Order 13132, and consistent with EPA policy
to promote communications between the EPA and state and local
governments, the EPA specifically solicits comment on this proposed
action from state and local officials. For a summary of EPA’s
consultation with state and local organizations and representatives in
developing Part 98, see Section VIII.E of the preamble to the final rule
(74 FR 56371, October 30, 2009).

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

This action, which is proposing confidentiality determinations for
subpart W data elements (except for inputs to equations) and amendments
to Table A-7 of Part 98, does not have tribal implications, as specified
in Executive Order 13175 (65 FR 67249, November 9, 2000). This action
does not increase the reporting burden. Thus, Executive Order 13175 does
not apply to this action. For a summary of EPA’s consultations with
tribal governments and representatives, see Section VIII.F of the
preamble to the final rule (74 FR 56371, October 30, 2009). The EPA
specifically solicits additional comment on this proposed action from
tribal officials.

G. Executive Order 13045: Protection of Children from Environmental