[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Proposed Rules]
[Pages 11039-11061]
[FR Doc No: 2012-4320]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0028; FRL-9637-2]
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.

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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 March 26, 2012
unless a public hearing is held, in which case comments must be
received on or before April 9, 2012.
    Public Hearing. To request a hearing, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section by March 2, 2012.
Upon such request, the EPA will hold the hearing on March 12, 2012 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:<PHONE_NUMBER>.
     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 Web site 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 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<PHONE_NUMBER>, and the telephone number for the
Air Docket is<PHONE_NUMBER>.

FOR FURTHER GENERAL INFORMATION CONTACT: Carole Cook, Climate Change
Division, Office of Atmospheric Programs (MC-6207J), Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>For technical information and

implementation materials, please go to the Web site 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 Web site at
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<PHONE_NUMBER>, 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.

I. General Information
    A. What is the purpose of this action?
    B. Does this action apply to me?
    C. Legal Authority
    D. What should I consider as I prepare my comments to the EPA?
II. Background and General Rationale
    A. Background on Subpart W CBI Re-Proposal
    B. Background on Data Elements in the ``Inputs to Emission
Equations'' Data Category
III. Re-Proposal of CBI Determinations for Subpart W
    A. Overview
    B. Approach to Making Confidentiality Determinations
    C. Proposed Confidentiality Determinations for Individual Data
Elements in Two Data Categories
    D. Commenting on the Proposed Confidentiality Determinations
IV. Proposed Deferral of Inputs to Emission Equations for Subpart W
and Amendments to Table A-7
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

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
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                                                   Examples of affected
        Source category               NAICS             facilities
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Petroleum and Natural Gas                 486210  Pipeline
 Systems.                                          transportation of
                                                   natural gas.
                                          221210  Natural gas
                                                   distribution
                                                   facilities.
                                             211  Extractors of crude
                                                   petroleum and natural
                                                   gas.
                                          211112  Natural gas liquid
                                                   extraction
                                                   facilities.
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    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<PHONE_NUMBER>, 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. 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 Web site 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
----------------------------------------------------------------------------------------------------------------
                                                                Confidentiality determination for data elements
                                                                                in each category
                                                              --------------------------------------------------
                        Data category                                            Data that are    Data that are
                                                                Emission data     not emission     not emission
                                                                     \a\          data and not     data but are
                                                                                CBI            CBI \b\
----------------------------------------------------------------------------------------------------------------
Facility and Unit Identifier Information.....................               X   ...............  ...............
Emissions....................................................               X   ...............  ...............
Calculation Methodology and Methodological Tier..............               X   ...............  ...............
Data Elements Reported for Periods of Missing Data that are                 X   ...............  ...............
 Not Inputs to Emission Equations............................
Unit/Process ``Static'' Characteristics that are Not Inputs    ...............           X \c\            X \c\
 to Emission Equations.......................................
Unit/Process Operating Characteristics that are Not Inputs to  ...............           X \c\            X \c\
 Emission Equations..........................................
Test and Calibration Methods.................................  ...............               X   ...............
Production/Throughput Data that are Not Inputs to Emission     ...............  ...............               X
 Equations...................................................
Raw Materials Consumed that are Not Inputs to Emission         ...............  ...............               X
 Equations...................................................
Process-Specific and Vendor Data Submitted in BAMM Extension   ...............  ...............               X
 Requests....................................................
----------------------------------------------------------------------------------------------------------------
\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.\1\
---------------------------------------------------------------------------

    \1\ As mentioned above, EPA determined that data elements in
these two categories are not ``emission data'' under CAA section
114(c) and 40 CFR 2.301(a)(2)(i) for purposes of determining the GHG
emissions to be reported under Part 98. That determination applies
to data elements in subpart W assigned to those categories through
this rulemaking.
---------------------------------------------------------------------------

    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 are used to dehydrate
                                     desiccant dehydrators.       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          Separators are used to separate hydrocarbons
                                     separator with oil           into liquid and gas phases. Separators are
                                     throughput greater than or   typically connected to atmospheric storage
                                     equal to 10 barrels per      tanks (hydrocarbon tanks) where hydrocarbon
                                     day, using Calculation       liquids are stored. The number of wellhead
                                     Methodology 1 and 2 of 40    separators sending oil to atmospheric tanks
                                     CFR 98.233(j), where         can vary widely depending on numerous
                                     reported by sub-basin        conditions, including the sizing of the tank
                                     category: Number of          and throughput of the separators, and the
                                     wellhead separators          number of parties involved with handling or
                                     sending oil to atmospheric   processing the separated constituents.
                                     tanks.                       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 \2\ 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          Information on the count of atmospheric storage
                                     separator with oil           tanks with a throughput above 500 barrels of
                                     throughput greater than or   oil per day is already publicly available in
                                     equal to 10 barrels per      Title V permits under EPA's National Emission
                                     day, using Calculation       Standards for Hazardous Air Pollutants
                                     Methodology 1 and 2 of 40    (NESHAP) Subpart HH \3\ for Oil and Gas
                                     CFR 98.233(j), reported by   Production. Further, knowledge of whether the
                                     sub-basin category: Count    tanks are located on a well-pad or off a well-
                                     of hydrocarbon tanks at      pad does not provide any insight into the
                                     well pads.                   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          Information on the count of stock tanks with a
                                     separator with oil           throughput above 500 barrels of oil per day is
                                     throughput greater than or   already publicly available in Title V permits
                                     equal to 10 barrels per      under EPA's National Emission Standards for
                                     day, using Calculation       Hazardous Air Pollutants (NESHAP) Subpart HH
                                     Methodology 1 and 2 of 40    \4\ for Oil and Gas Production. Further,
                                     CFR 98.233(j), reported by   knowledge of whether the tanks are located on
                                     sub-basin category: Best     a well-pad or off a well-pad does not provide
                                     estimate of count of stock   any insight into the operational
                                     tanks not at well pads       characteristics of the facility, nor does it
                                     receiving your oil.          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          Atmospheric storage tanks receive and store
                                     separator with oil           hydrocarbon liquids typically from separators
                                     throughput greater than or   or from onshore production wells. Some tanks
                                     equal to 10 barrels per      are equipped with vapor recovery units or
                                     day, using Calculation       flares to control the tank emissions.
                                     Methodology 1 and 2 of 40    Information on the emission control devices
                                     CFR 98.233(j), reported by   associated with tanks are included in Title V
                                     sub-basin category: Count    permits under EPA's National Emission
                                     of tanks with emissions      Standards for Hazardous Air Pollutants
                                     control measures, either     (NESHAP) Subpart HH for Oil and Gas
                                     vapor recovery system or     Production. Disclosure of this data does not
                                     flaring, for tanks at well   provide insight into the performance or the
                                     pads.                        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          Atmospheric storage tanks (also known as stock
                                     separator with oil           tanks) receive and store hydrocarbon liquids
                                     throughput greater than or   typically from separators or from onshore
                                     equal to 10 barrels per      production wells. Some tanks are equipped with
                                     day, using Calculation       vapor recovery units or flares to control the
                                     Methodology 1 and 2 of 40    tank emissions. Information on the emission
                                     CFR 98.233(j), reported by   control devices associated with tanks are
                                     sub-basin category: Best     included in Title V permits under EPA's
                                     estimate of count of stock   National Emission Standards for Hazardous Air
                                     tanks assumed to have        Pollutants (NESHAP) Subpart HH for Oil and Gas
                                     emissions control measures   Production. Disclosure of this data does not
                                     not at well pads,            provide insight into the performance or the
                                     receiving your oil.          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          API gravity is a measure of the relative
                                     separator with oil           density of liquid hydrocarbons and does not
                                     throughput greater than or   reveal the composition of the hydrocarbon
                                     equal to 10 barrels per      liquid or the reporter's productivity. Data on
                                     day, using Calculation       the sales oil stabilized API gravity are made
                                     Methodology 1 and 2 of 40    publicly available by many state agencies
                                     CFR 98.233(j), reported by   (e.g., the Railroad Commission of Texas).
                                     sub-basin category:          Further, information about API gravity does
                                     Estimated average sales      not provide insight into the performance or
                                     oil stabilized API gravity   the operational efficiency for onshore
                                     (degrees) (when using        petroleum and natural gas production
                                     methodology 1).              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
                                                                  publicly 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          API gravity is a measure of the relative
                                     separator with oil           density of liquid hydrocarbons and does not
                                     throughput greater than or   reveal the composition of the hydrocarbon
                                     equal to 10 barrels per      liquid or the reporter's productivity. Data on
                                     day, using Calculation       the sales oil stabilized API gravity are made
                                     Methodology 1 and 2 of 40    public by many state agencies (e.g., the
                                     CFR 98.233(j), reported by   Railroad Commission of Texas). Further,
                                     sub-basin category:          information about API gravity does not provide
                                     Estimated average sales      insight into the performance or the
                                     oil stabilized API gravity   operational efficiency for onshore petroleum
                                     (degrees) (when using        and natural gas production facilities that
                                     methodology 2).              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 publicly 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          Information on the count of atmospheric storage
                                     separators and wells with    tanks with a throughput above 500 barrels of
                                     throughput less than 10      oil per day is already publicly available in
                                     barrels per day, using       Title V permits under EPA's National Emission
                                     Calculation Methodology 5    Standards for Hazardous Air Pollutants
                                     of 40 CFR 98.233(j)          (NESHAP) Subpart HH \5\ for Oil and Gas
                                     Equation W-15 of 40 CFR      Production. Further, knowledge of whether the
                                     98.233: Count of             tanks are located on a well-pad or off a well-
                                     hydrocarbon tanks on well    pad does not provide any insight into the
                                     pads.                        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    Atmospheric storage tanks (also known as
                                     greater than or equal to     hydrocarbon tanks) receive and store
                                     10 barrels per day, using    hydrocarbon liquids typically from separators
                                     Calculation Methodology 3    or from onshore production wells. Some tanks
                                     and 4 of 40 CFR 98.233(j),   are equipped with vapor recovery units or
                                     where the following by sub-  flares to control the tank emissions.
                                     basin category are           Information on the emission control devices
                                     reported: Count of           associated with tanks are included in Title V
                                     hydrocarbon tanks, both on   permits under EPA's National Emission
                                     and off well pads assumed    Standards for Hazardous Air Pollutants
                                     to have emissions control    (NESHAP) Subpart HH for Oil and Gas
                                     measures: either vapor       Production. Disclosure of this data does not
                                     recovery system or flaring   provide insight into the performance or the
                                     of tank vapors.              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    Information on the number of wells and their
                                     greater than or equal to     characteristics, including production levels,
                                     10 barrels per day, using    is publicly available through many published
                                     Calculation Methodology 3    sources, including the U.S. Energy Information
                                     and 4 of 40 CFR 98.233(j),   Administration,\6\ and through commercial
                                     where the following by sub-  databases that are available to the public for
                                     basin category are           purchase.\7\ Although information on the
                                     reported: Total number of    number of wells sending oil to separators that
                                     wells sending oil to         are located off well pads may not be readily
                                     separators off the well      available from public data sources, it can
                                     pads.                        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    Information on the number of wells and their
                                     greater than or equal to     characteristics, including production levels,
                                     10 barrels per day, using    is publicly available through many published
                                     Calculation Methodology 3    sources, including the U.S. Energy Information
                                     and 4 of 40 CFR 98.233(j),   Administration,\8\ and through commercial
                                     where the following by sub-  databases that are available to the public for
                                     basin category are           purchase.\9\ Although information on the
                                     reported: Total number of    number of wells sending oil directly to
                                     wells sending oil directly   storage tanks may not be readily available in
                                     to tanks.                    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    API gravity is a measure of the relative
                                     greater than or equal to     density of liquid hydrocarbons and does not
                                     10 barrels per day, using    reveal the composition of the hydrocarbon
                                     Calculation Methodology 3    liquid or the reporter's productivity. Data on
                                     and 4 of 40 CFR 98.233(j),   the sales oil stabilized API gravity are made
                                     where the following by sub-  public by many state agencies (e.g., the
                                     basin category are           Railroad Commission of Texas). Further,
                                     reported: Sales oil API      information about API gravity does not provide
                                     gravity range (degrees)      insight into the performance or the
                                     for wells in 40 CFR          operational efficiency for onshore petroleum
                                     98.236(c)(8)(ii)(B) and      and natural gas production facilities that
                                     (C).                         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 publicly 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    Information on the count of atmospheric storage
                                     greater than or equal to     tanks with a throughput above 500 barrels of
                                     10 barrels per day, using    oil per day is already publicly available in
                                     Calculation Methodology 3    Title V permits under EPA's National Emission
                                     and 4 of 40 CFR 98.233(j),   Standards for Hazardous Air Pollutants
                                     where the following by sub-  (NESHAP) Subpart HH \10\ for Oil and Gas
                                     basin category are           Production. Further, knowledge of whether the
                                     reported: Count of           tanks are located on a well-pad or off a well-
                                     hydrocarbon tanks on well    pad does not provide any insight into the
                                     pads.                        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     The well casing diameter is the diameter of the
                                     unloading, for Calculation   pipe inserted into a recently drilled section
                                     Methodology 1, where the     of a borehole during the well drilling
                                     following by each tubing     process. Data on well casing diameter are
                                     diameter group and           publicly available from vendors of casing
                                     pressure group combination   pipes. Further, information about well casing
                                     within each sub-basin        diameter does not provide insight into the
                                     category are reported:       performance or the operational efficiency for
                                     Average casing diameter or   onshore petroleum and natural gas production
                                     internal tubing diameter,    facilities that would likely cause substantial
                                     where applicable.            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     The well depth is the depth of a hydrocarbon
                                     unloading, for Calculation   well. Data on well depth is publicly available
                                     Methodology 1, where the     from State Oil and Gas Commission websites and
                                     following by each tubing     through commercial databases available to the
                                     diameter group and           public for purchase.\7\ Information about well
                                     pressure group combination   depth does not provide insight into the
                                     within each sub-basin        performance or the operational efficiency of
                                     category are reported:       onshore petroleum and natural gas production
                                     Well depth of each well      facilities that would likely cause substantial
                                     selected to represent        competitive harm if disclosed. Moreover,
                                     emissions in that tubing     facilities report this information for one
                                     size and pressure            well used to represent the remaining wells in
                                     combination.                 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, 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     The casing pressure refers to the pressure of
                                     unloading, for Calculation   the casing of a hydrocarbon well. Data on
                                     Methodology 1, where the     casing pressure is publicly available from
                                     following by each tubing     State Oil and Gas Commission websites and
                                     diameter group and           through commercial databases available to the
                                     pressure group combination   public for purchase.\7\ Information about
                                     within each sub-basin        casing pressure does not provide insight into
                                     category are reported:       the performance or the operational efficiency
                                     Casing pressure of each      for onshore petroleum and natural gas
                                     well selected to represent   production facilities that would likely cause
                                     emissions in that tubing     substantial competitive harm if disclosed.
                                     size group and pressure      Moreover, facilities report this information
                                     group combination that       for one well used to represent the remaining
                                     does not have a plunger      wells in a group. This data element is not
                                     lift, pounds per square      necessarily the same for other wells in the
                                     inch (psia).                 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 publicly 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     Data on tubing pressure is publicly available
                                     unloading, for Calculation   from State Oil and Gas Commission websites and
                                     Methodology 1, where the     through commercial databases available to the
                                     following by each tubing     public for purchase.\7\ Information about
                                     diameter group and           tubing pressure does not provide insight into
                                     pressure group combination   the performance or the operational efficiency
                                     within each sub-basin        for onshore petroleum and natural gas
                                     category are reported:       production facilities that would likely cause
                                     Tubing pressure of each      substantial competitive harm if disclosed.
                                     well selected to represent   Moreover, facilities report this information
                                     emissions in a tubing size   for one well used to represent the remaining
                                     group and pressure group     wells in a group. This data element is not
                                     combination that has a       necessarily the same for other wells in the
                                     plunger lift (psia).         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     The well casing diameter is the diameter of the
                                     unloading, for Calculation   pipe inserted into a recently drilled section
                                     Methodologies 2 and 3,       of a borehole during the well drilling
                                     where the following for      process. Data on well casing diameter are
                                     each sub-basin category      publicly available from vendors of casing
                                     are reported: Average        pipes. Information about well casing diameter
                                     internal casing diameter,    does not provide insight into the performance
                                     in inches, of each well,     or the operational efficiency of onshore
                                     where applicable.            petroleum and natural gas production
                                                                  facilities that would likely cause substantial
                                                                  competitive harm if disclosed. Because this
                                                                  information is publicly 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  Wet seals form the barrier that keeps gas from
                                     with wet seals in            seeping through the gap between the compressor
                                     operational mode, where      shaft and the compressor casing. Information
                                     the following for each       about the number of wet seals connected to the
                                     degassing vent are           degassing vent of a centrifugal compressor
                                     reported: Number of wet      does not provide valuable insight into the
                                     seals connected to the       performance or the operational efficiency of
                                     degassing vent.              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           The number of above grade transmission-
                                     companies: Number of above   distribution (T-D) transfer stations is the
                                     grade T-D transfer           number of stations where gas is transferred
                                     stations in the facility.    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\11\, therefore further
                                                                  diminishing its sensitivity. The EPA is
                                                                  proposing that this data be not confidential
                                                                  and considered non-CBI.

22 98.236c16iv....................  Local distribution           The number of below grade transmission-
                                     companies: Report total      distribution (T-D) transfer stations is the
                                     number of below grade T-D    number of stations located underground where
                                     transfer stations in the     gas is transferred from a transmission
                                     facility.                    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,\12\
                                                                  therefore further diminishing its sensitivity.
                                                                  The EPA is proposing that this data be not
                                                                  confidential and considered non-CBI.
23 98.236c16v.....................  Local distribution           The number of above grade metering-regulating
                                     companies: Report total      stations is the number of stations located
                                     number of above grade        above ground where gas is metered, pressure
                                     metering-regulating          regulated, or both, in a natural gas
                                     stations (which includes     distribution facility. This count includes the
                                     above grade T-D transfer     number of above grade T-D transfer stations,
                                     stations) in the facility.   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,\13\ therefore further
                                                                  diminishing its sensitivity. The EPA is
                                                                  proposing that this data be not confidential
                                                                  and considered non-CBI.
24 98.236c16vi....................  Local distribution           The number of below grade metering-regulating
                                     companies: Report total      stations is the number of stations located
                                     number of below grade        below ground where gas is metered, pressure
                                     metering-regulating          regulated, or both, in a natural gas
                                     stations (which includes     distribution facility. This count includes the
                                     below grade T-D transfer     number of below grade T-D transfer stations,
                                     stations) in the facility.   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,\14\ 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      Pump capacity, which will be reported by EOR
                                     blowdown: Pump capacity      operations in the onshore production segment
                                     (barrels per day).           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 estimated 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        The number of external combustion units with
                                     natural gas production and   heat input capacities equal to or less than
                                     natural gas distribution     5mmBtu/hour reveals nothing about the
                                     combustion emissions:        productivity of a business's operation (e.g.,
                                     Cumulative number of         capacity information). Information about the
                                     external fuel combustion     cumulative number of external fuel combustion
                                     units with a rated heat      units with specified heat capacities does not
                                     capacity equal to or less    provide insight into the performance or the
                                     than 5 mmBtu/hr, by type     operational efficiency for a facility that
                                     of unit.                     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.\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        The number of external combustion units with
                                     natural gas production and   heat input capacities greater than 5mmBtu/hour
                                     natural gas distribution     reveals nothing about the productivity of a
                                     combustion emissions:        business's operation (e.g., capacity
                                     Cumulative number of         information). Information about the cumulative
                                     external fuel combustion     number of external fuel combustion units with
                                     units with a rated heat      specified heat capacities does not provide
                                     capacity larger than 5       insight into the performance or the
                                     mmBtu/hr, by type of unit.   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.\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        The number of internal combustion units (other
                                     natural gas production and   than compressor drivers) with a rated heat
                                     natural gas distribution     input capacity of 1 mmBtu/hour or less (130
                                     combustion emissions:        HP) reveals nothing about the productivity of
                                     Cumulative number of         a business's operation (e.g., capacity
                                     internal fuel combustion     information). Information about the cumulative
                                     units, not compressor-       number of internal fuel combustion units with
                                     drivers, with a rated heat   specified heat capacities does not provide
                                     capacity equal to or less    insight into the performance or the
                                     than 1 mmBtu/hr or 130       operational efficiency for a facility that
                                     horse power, by type of      would likely cause substantial competitive
                                     unit.                        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 \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.
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    \2\ http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79d2273ed12c4f723ba9&rgn=div6&view=text&node=40:<IP_ADDRESS>.1.8&idno=40.
    \3\ http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79d2273ed12c4f723ba9&rgn=div6&view=text&node=40:<IP_ADDRESS>.1.8&idno=40.
    \4\ http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79d2273ed12c4f723ba9&rgn=div6&view=text&node=40:<IP_ADDRESS>.1.8&idno=40.
    \5\ http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79d2273ed12c4f723ba9&rgn=div6&view=text&node=40:<IP_ADDRESS>.1.8&idno=40.
    \6\ http://www.eia.gov/dnav/ng/ng_prod_wells_s1_a.htm.
    \7\ http://www.didesktop.com/products/.
    \8\ http://www.eia.gov/dnav/ng/ng_prod_wells_s1_a.htm.
    \9\ http://www.didesktop.com/products/.
    \10\ http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79d2273ed12c4f723ba9&rgn=div6&view=text&node=40:<IP_ADDRESS>.1.8&idno=40.
    \11\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
    \12\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
    \13\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
    \14\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
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    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   A glycol dehydration unit is a process unit
                                     throughput less than 0.4     that separates liquids from a natural gas
                                     MMscfd: Which vent gas       stream using diethylene glycol (DEG) or
                                     controls are used.           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     A plunger lift system is an artificial liquid
                                     unloading, for Calculation   lift mechanism that includes a plunger
                                     Methodology 1, where the     (tubular steel structure with valves) that
                                     following by each tubing     rests at the bottom of a wellbore on a spring
                                     diameter group and           loaded base. As gas is produced through the
                                     pressure group combination   natural gas well, liquids accumulate on top of
                                     within each sub-basin        the plunger and gradually reduce the flow rate
                                     category are reported:       of natural gas. To expel the liquids from the
                                     Whether the selected well    well, the well is shut-in, at which point the
                                     from the tubing diameter     casing pressure builds up and pushes the
                                     and pressure group           plunger to the surface preceded by the liquids
                                     combination had a plunger    in the wellbore. Information on whether or not
                                     lift (yes/no).               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.\15\ 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     A plunger lift system is an artificial liquid
                                     unloading, for Calculation   lift mechanism that includes a plunger
                                     Methodology 1, where the     (tubular steel structure with valves) that
                                     following by each tubing     rests at the bottom of a wellbore on a spring
                                     diameter group and           loaded base. As gas is produced through the
                                     pressure group combination   natural gas well, liquids accumulate on top of
                                     within each sub-basin        the plunger and gradually reduce the flow rate
                                     category are reported:       of natural gas. To expel the liquids from the
                                     Count of plunger lifts.      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 wellbore. 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     Liquid unloading is conducted in mature gas
                                     unloading, for Calculation   wells that have an accumulation of liquids
                                     Methodology 1, report the    that impedes the steady flow of natural gas.
                                     following by each tubing     This is a common occurrence in reservoirs
                                     diameter group and           where the pressure is depleted and liquids
                                     pressure group combination   enter the wellbore. Information on the number
                                     within each sub-basin        of wells vented to the atmosphere for the
                                     category are reported:       purposes of unloading liquids or the frequency
                                     Count of wells vented to     of the unloadings does not provide insight
                                     the atmosphere for liquids   into sensitive or proprietary information
                                     unloading.                   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.\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.
5 98.236c5iC......................  Well venting for liquids     Liquid unloading is conducted in mature gas
                                     unloading, for Calculation   wells that have an accumulation of liquids
                                     Methodology 1, report the    that impedes the steady flow of natural gas.
                                     following by each tubing     This is a common occurrence in reservoirs
                                     diameter group and           where the pressure is depleted and liquids
                                     pressure group combination   enter the wellbore. Information on the number
                                     within each sub-basin        of wells vented to the atmosphere for the
                                     category are reported:       purposes of unloading liquids or the frequency
                                     Cumulative number of         of the unloadings does not provide insight
                                     unloadings vented to the     into sensitive or proprietary information
                                     atmosphere.                  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
                                                                  \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     Liquid unloading is conducted in mature gas
                                     unloading, for Calculation   wells that have an accumulation of liquids
                                     Methodologies 2 and 3,       which impedes the steady flow of natural gas.
                                     report the following for     This is a common occurrence in reservoirs
                                     each sub-basin category      where the pressure is depleted and liquids
                                     are reported: Count of       enter the wellbore. Information on the number
                                     wells vented to the          of wells vented to the atmosphere for the
                                     atmosphere for liquids       purposes of unloading liquids or the frequency
                                     unloading.                   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.\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     A plunger lift systems is an artificial liquid
                                     unloading, for Calculation   lift mechanism that includes a plunger
                                     Methodologies 2 and 3,       (tubular steel structure with valves) that
                                     where the following by       rests at the bottom of a wellbore on a spring
                                     each tubing diameter group   loaded base. As gas is produced through the
                                     and pressure group           natural gas well, liquids accumulate on top of
                                     combination within each      the plunger and gradually reduce the flow rate
                                     sub-basin category are       of natural gas. To expel the liquids from the
                                     reported: Count of plunger   well, the well is shut-in, at which point the
                                     lifts.                       casing pressure builds up and pushes the
                                                                  plunger to the surface preceded by the liquids
                                                                  in the wellbore. 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    The term ``well completions'' commonly refers
                                     hydraulic fracturing,        to the process of cleaning the wellbore of
                                     report the following for     drill cuttings, cutting fluids, and proppants
                                     each sub-basin and well      (when a well is hydraulically fractured) after
                                     type (horizontal or          the well has been drilled. Information on the
                                     vertical) combination:       number of completions performed by an oil and
                                     Total count of completions   gas operator in a given year is available
                                     in calendar year.            publicly on state oil and gas commission Web
                                                                  sites, commercial oil and gas databases,\17\
                                                                  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    The term ``well completions'' commonly refers
                                     hydraulic fracturing,        to the process of cleaning the wellbore of
                                     where the following for      drill cuttings, cutting fluids, and proppants
                                     each sub-basin and well      (when a well is hydraulically fractured) after
                                     type (horizontal or          the well has been drilled. Hydraulically
                                     vertical) combination are    fractured wells result in significantly higher
                                     reported: Number of          backflow gas in comparison to conventional
                                     completions employing        wells without hydraulic fracturing.
                                     purposely designed           Completions on a subset of the hydraulically
                                     equipment that separates     fractured wells may be performed using
                                     natural gas from the         purposely designed equipment that separates
                                     backflow.                    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 Web sites, 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.\18\ 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      As natural gas wells mature, the production
                                     hydraulic fracturing,        from the well decreases. Often such mature
                                     report the following for     wells are hydraulically fractured to increase
                                     each sub-basin and well      production and the wells are re-completed.
                                     type (horizontal or          Information on the number of workovers
                                     vertical) combination:       performed nationally in a given year is
                                     Total count of workovers     available through the U.S. National Inventory.
                                     in calendar year that        Knowing that wells are being worked over can