[Federal Register Volume 77, Number 98 (Monday, May 21, 2012)]
[Proposed Rules]
[Pages 29935-29953]
[FR Doc No: 2012-12193]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0147; FRL-9667-4]
RIN 2060-AR53

2012 Technical Corrections, Clarifying and Other Amendments to
the Greenhouse Gas Reporting Rule, and Proposed Confidentiality
Determinations for Certain Data Elements of the Fluorinated Gas Source
Category

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to amend specific provisions of the
Greenhouse Gas Reporting Rule to provide greater clarity and
flexibility to facilities subject to reporting emissions from certain
source categories. These source categories will report greenhouse gas
(GHG) data for the first time in September of 2012. The proposed
changes are not expected to significantly change the overall
calculation and monitoring requirements of the Greenhouse Gas Reporting
Rule or add additional requirements for reporters, but are expected to
correct errors and clarify existing requirements in order to facilitate
accurate and timely reporting. The EPA is also proposing
confidentiality determinations for four new data elements for the
fluorinated gas production source category of the Greenhouse Gas
Reporting Rule. Lastly, we are proposing an amendment to Table A-7 of
the general provisions to add a data element used as an input to an
emission equation in the fluorinated gas production source category.

DATES: Comments. Comments must be received on or before June 20, 2012.
    Public Hearing. The EPA does not plan to conduct a public hearing
unless requested. To request a hearing, please contact the person
listed in the following FOR FURTHER INFORMATION CONTACT section by May
29, 2012. Upon such request, the EPA will hold the hearing on June 5,
2012, in the Washington, DC area. The EPA will provide further
information about the hearing on the GHGRP Web site, http://www.epa.gov/climatechange/emissions/ghgrulemaking.html if a hearing is
requested.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0147, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Email<EMAIL_ADDRESS>Include Docket ID No.
EPA-HQ-OAR-2011-0147 [and/or RIN number] in the subject line of the
message.
     Fax:<PHONE_NUMBER>.
     Mail: Environmental Protection Agency, EPA Docket Center
(EPA/DC), Mailcode 2822T, Attention Docket ID No. EPA-HQ-OAR-2011-0147,
1200 Pennsylvania Avenue NW., Washington, DC 20004.
     Hand/Courier Delivery: EPA Docket Center, Public Reading
Room, EPA West Building, Room 3334, 1301 Constitution Avenue NW.,
Washington, DC 20004. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
    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>    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2011-0147. 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. Should you choose to submit
information that you claim to be CBI in response to this notice,
clearly mark the part or all of the comments that you claim to be CBI
submitted in response to this notice. For information that you claim to
be CBI in a disk or CD-ROM that you mail to 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. Send
or deliver information claimed as CBI to only the mail or hand/courier
deliver address listed above, attention: Docket ID No. EPA-HQ-OAR-2011-
0147.
    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. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or email. 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, 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 Building, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the Air Docket is<PHONE_NUMBER>.

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

SUPPLEMENTARY INFORMATION:
    Regulated Entities. The Administrator determined that this action
is subject to the provisions of Clean Air Act (CAA) section 307(d). See
CAA section 307(d)(1)(V) (the provisions of section 307(d) apply to
``such other actions as the Administrator may determine''). These are
proposed amendments to existing regulations. If finalized, these
amended regulations would affect owners or operators of direct emitters
of GHGs. Regulated categories and examples of affected entities include
those listed in Table 1 of this preamble:

           Table 1--Examples of Affected Entities by Category
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                                                   Examples of affected
            Category                  NAICS             facilities
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Petroleum and Natural Gas                486210  Pipeline transportation
 Systems.                                         of natural gas.
                                         221210  Natural gas
                                                  distribution
                                                  facilities.
                                            211  Extractors of crude
                                                  petroleum and natural
                                                  gas.
                                         211112  Natural gas liquid
                                                  extraction facilities.
Electronics Manufacturing......          334111  Microcomputers
                                                  manufacturing
                                                  facilities.
                                         334413  Semiconductor,
                                                  photovoltaic (solid-
                                                  state) device
                                                  manufacturing
                                                  facilities.
                                         334419  LCD unit screens
                                                  manufacturing
                                                  facilities.
                                         334419  MEMS manufacturing
                                                  facilities.
Fluorinated Gas Production.....          325120  Industrial gases
                                                  manufacturing
                                                  facilities.
Industrial Waste Landfills.....          562212  Solid waste landfills.
                                         322110  Pulp mills.
                                         322121  Paper mills.
                                         322122  Newsprint mills.
                                         322130  Paperboard mills.
                                         311611  Meat processing
                                                  facilities.
                                         311411  Frozen fruit, juice,
                                                  and vegetable
                                                  manufacturing
                                                  facilities.
                                         311421  Fruit and vegetable
                                                  canning facilities.
                                         221320  Sewage treatment
                                                  facilities.
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    Table 1 of this preamble is not intended to be exhaustive, but
rather lists the types of facilities that the EPA is now aware could be
potentially affected by the reporting requirements. Other types of
facilities not listed in the table could also be subject to reporting
requirements. To determine whether you are affected by this action, you
should carefully examine the applicability criteria found in 40 CFR
part 98, subpart A or the relevant criteria in the sections related to
direct emitters of GHGs. If you have questions regarding the
applicability of this action to a particular facility, consult the
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
    Acronyms and Abbreviations. The following acronyms and
abbreviations are used in this document.

acf actual cubic feet
AGR acid gas removal
ASTM American Society for Testing and Materials
BAMM best available monitoring methods
CAA Clean Air Act
CBI confidential business information
CEMS continuous emissions monitoring system
CFC chlorofluorocarbon
CFR Code of Federal Regulations
CH4 methane
CO2 carbon dioxide
DOC degradable organic carbon
EF emission factor
e-GGRT electronic-GHG Reporting Tool
EPA U.S. Environmental Protection Agency
FR Federal Register
GHG greenhouse gas
GHGRP Greenhouse Gas Reporting Program
HCFC hydrochlorofluorocarbon
kg kilograms
kg/ft\3\ kilograms per cubic foot
mcf methane correction factor
MMscf million standard cubic feet
MRV monitoring, reporting and verification
MSHA Mine Safety and Health Administration
MtCO2e metric tons carbon dioxide equivalent
N2O nitrous oxide
NAICS North American Industry Classification System
NOAA National Oceanic and Atmospheric Administration
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PFCs perfluorocarbons
psia pounds per square inch absolute
RFA Regulatory Flexibility Act
SF6 sulfur hexafluoride
U.S. United States
UMRA Unfunded Mandates Reform Act of 1995

Table of Contents

I. Background
    A. How is this preamble organized?
    B. Background on This Action
    C. Legal Authority
    D. How would these amendments apply to 2012 reports?
    E. How would these amendments affect confidentiality
determinations?
II. Technical Corrections, Clarifying and Other Amendments
    A. Subpart A--General Provisions
    1. Background
    2. Proposed Amendments
    3. Overview and Approach to Proposed CBI Determinations
    B. Subpart TT--Industrial Waste Landfills
    1. Background
    2. Proposed Amendment
    3. Overview and Approach to Proposed CBI Determinations
    C. Subpart W--Petroleum and Natural Gas Systems
    1. Background
    2. Proposed Technical Corrections
    3. Overview and Approach to Proposed CBI Determinations
    D. Subpart L--Fluorinated Gas Production
    1. Background
    2. Proposed Amendments
    3. Overview and Approach to Proposed CBI Determinations
III. 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. Background

A. How is this preamble organized?

    The first section of this preamble contains the basic background
information about the origin of these proposed rule amendments and
request for public comment. This section also discusses the EPA's use
of our legal authority under the Clean Air Act to collect data under
the Mandatory Reporting of Greenhouse Gases Reporting Rule, hereinafter
referred to as the ``GHG Reporting Rule.''
    The second section of this preamble describes in detail the changes
that are being proposed to correct technical errors, to provide
clarification, or to address implementation issues identified by the
EPA and others. This section also presents the EPA's rationale for the
proposed changes and identifies issues on which the EPA is particularly
interested in receiving public comments. This section also includes
proposed confidentiality determinations for four new data elements for
the fluorinated gas production source category of the Greenhouse Gas
Reporting Rule.
    Finally, the last (third) section of the preamble discusses the
various statutory and executive order requirements applicable to this
proposed rulemaking.

B. Background on This Action

    The 2009 final GHG Reporting Rule was signed by EPA Administrator
Lisa Jackson on September 22, 2009 and published in the Federal
Register on October 30, 2009 (74 FR 56260, hereafter referred to as the
``2009 final rule'' or ``Part 98''). The 2009 final rule, which became
effective on December 29, 2009, requires reporting of GHGs from various
facilities and suppliers, consistent with the 2008 Consolidated
Appropriations Act.\1\ Subsequent notices were published in 2010
finalizing the requirements for subpart TT (75 FR 39736, July 12,
2010), subpart W (75 FR 74458, November 30, 2010), and subpart L (75 FR
74774, December 1, 2010).
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    \1\ Consolidated Appropriations Act, 2008, Public Law 110-161,
121 Stat. 1844, 2128.
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    Following the promulgation of these subparts, the EPA finalized
four technical corrections and clarifying amendments to these and other
subparts under the Greenhouse Gas Reporting Program (GHGRP) (75 FR
66434, October 28, 2010; 75 FR 79092, December 17, 2010; 76 FR 73866,
November 29, 2011; 76 FR 80554, December 23, 2011). The corrections and
amendments within those four actions did not change the basic
requirements of the rule, but were intended to improve clarity and
ensure consistency across the calculation, monitoring, and data
reporting requirements. Similarly, the corrections, clarifying and
other amendments in this action are intended to provide greater clarity
and flexibility to facilities subject to reporting in 2012.
    On January 10, 2012 (77 FR 1434), EPA proposed confidentiality
determinations for data elements (excluding those in the inputs to
equation category) in 8 subparts of part 98, including subpart L. This
proposed amendment includes adding 4 new data elements to subpart L. In
conjunction with this addition, we are proposing confidentiality
determinations for the new data elements in the proposed amendment to
subpart L.

C. Legal Authority

    The EPA is proposing these 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
require the information proposed to be gathered by this rule 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 rule (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 who 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. For
further information about the EPA's legal authority, see the preambles
to the 2009 proposed and final rules and EPA's Response to Comments,
Volume 9.
    In addition, EPA is proposing confidentiality determinations for
four proposed data elements in subpart L, under its authorities
provided in sections 114, 301 and 307 of the CAA. As mentioned above,
CAA section 114 provides EPA authority to obtain the information in
part 98, including those in subpart L. Section 114(c) requires that EPA
make publicly available information obtained under section 114 except
for information (excluding emission data) that qualify for confidential
treatment.
    The Administrator has determined that this action (proposed
amendment and confidentiality determination) is subject to the
provisions of section 307(d) of the CAA.

D. How would these amendments apply to 2012 reports?

    The EPA is proposing technical clarifications and amendments to 40
CFR part 98, subparts A, L, W, and TT. The EPA is planning to address
any comments on these proposed amendments and publish final amendments
before September 28, 2012. Therefore, reporters would be expected to
calculate emissions and other relevant data for the reports that are
submitted by September 28, 2012 using 40 CFR part 98 as amended by this
proposed action. We have determined that it is feasible for the sources
to implement these changes for the 2011 reporting year because the
revisions are primarily technical corrections that provide
clarifications regarding the existing regulatory requirements, or
reduce the amount of information that is required to be reported. The
proposed amendments do not change the type of information that must be
collected, and do not materially affect how emissions are calculated.
    In the case of 40 CFR part 98, subpart A (subpart A), the proposed
amendment is merely a harmonizing change to a technical correction
finalized in February 2012 (see 77 FR 10373). That final amendment
required reporters to calculate emissions of certain additional
fluorinated heat transfer fluids under subpart I; however, the EPA
inadvertently did not amend the corresponding requirement to include
those calculated emissions in the annual GHG report. In this action, we
are proposing to include these emissions from heat transfer fluids in
the facility level totals reported to the EPA in the annual GHG report.
    In the case of 40 CFR part 98, subpart L (subpart L), the EPA is
proposing that facilities subject to subpart L report greenhouse gas
emissions in a less detailed manner for Reporting Years 2011 and 2012.
This proposed amendment is a temporary change (i.e., for years 2011 and
2012 only) to allow the EPA time to fully evaluate concerns recently
raised by stakeholders that reporting, and subsequent EPA release, of
certain emission data would reveal trade secrets.
    In the case of 40 CFR part 98, subpart W (subpart W), the EPA
concludes that these proposed amendments are all technical corrections
that, while important to make to allow reporters to calculate emissions
accurately, do not materially affect the actions facilities would have
already undertaken to comply with the rule. For example, in this
action, EPA is proposing a correction to the emission factors in Table
W-1A of subpart W for the onshore petroleum and natural gas production
segment. In the December 23, 2011 final rule (76 FR 80554, December 23,
2011, referred to hereinafter as the ``December 2011 final rule''), the
EPA revised several of the emission factors in this table, along with
the emission factors in other tables in subpart W to reflect a
consistent standard temperature and pressure. In the process of
converting specific emission factors within Table W-1A of subpart W an
omission occurred that we are proposing to correct in this action. As
stated previously, a proposed change such as this would not materially
affect the actions a facility would undertake to comply with the rule.
    In the case of 40 CFR part 98, subpart TT (subpart TT), this
proposal excludes some facilities from the reporting requirements and
thereby further reduces the reporting under the GHG Reporting Rule.
These excluded facilities are not expected to emit GHGs since they only
receive inert wastes that do not generate methane.
    For additional background information regarding some of these
amendments, please refer to the Technical Support Document for the 2012
Technical Corrections, Clarifying and Other Amendments to Certain
Provisions of the Greenhouse Gas Reporting Rule proposal available in
the docket for this rulemaking (EPA-HQ-OAR-2011-0147).
    The EPA generally seeks comment on the EPA's conclusion that it
would be appropriate to implement these proposed amendments and
incorporate the requirements for the data that must be reported to the
EPA by September 2012. Further, we seek comment on whether there are
specific proposed changes for which this timeline may not be feasible
or appropriate. We request that commenters provide specific examples of
how the proposed implementation schedule would or would not be
feasible.

E. How would these amendments affect confidentiality determinations?

    The proposed amendments do not affect the confidentiality
determinations for subpart A data elements finalized in the Final CBI
rule,\2\ (hereinafter referred to as the ``final CBI rule''), the
proposed determinations for subpart W \3\ and subparts L and TT,\4\ or
the proposed or final deferral rule(s) extending the reporting
deadlines for the data elements in these subparts that are as assigned
to the inputs to emission equations data category.\5\
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    \2\ See 75 FR 30782, May 26, 2011.
    \3\ See 77 FR 11039, February 24, 2012.
    \4\ See 77 FR 1434, January 10, 2012.
    \5\ See 77 FR 11039, February 24, 2012 (subpart I), 77 FR 1434,
January 10, 2012 (subpart W), and 76 FR 53057, August 25, 2011.
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    In this notice, we are proposing confidentiality determinations for
proposed new subpart L data elements. The proposed confidentiality
determinations for these new data elements together with our rationale
are discussed in detail in Section II.D.3 of this preamble.
    There are no proposed determinations for subparts A, W, and TT,
since the proposed amendments to those subparts do not include any
proposed new data elements. The proposed amendments would delete an
existing subpart W data element and make only minor clarifications to
the existing reporting requirements in subpart W. For the Subpart A
proposed amendments, we are not proposing any confidentiality
determinations because the data element being added is a subset of
another data element in subpart I for which we've already proposed a
CBI determination. This is explained in further detail in Section
II.A.3 of this preamble. There are no proposed amendments to the
reporting requirements for subpart TT.

II. Technical Corrections, Clarifying and Other Amendments

    The EPA has identified minor corrections, clarifying and other
amendments that we are now proposing in this action. We have also
identified certain rule provisions that we are

proposing to amend to provide greater clarity. The amendments we are
now proposing include the following types of changes:
     Changes to correct cross references within and between
subparts.
     Amendments to certain equations to better reflect actual
operating conditions.
     Corrections to terms and definitions in certain equations.
     Corrections to data reporting requirements so that they
more closely conform to the information used to perform emission
calculations.
     Amendment to Table A-7 to subpart A to add a Subpart L
data element used as an input to an emission equation that was
inadvertently omitted in the final deferral rule.
     Other amendments related to certain issues identified as a
result of working with the affected sources during rule implementation
and outreach.
    We are seeking public comment only on the issues specifically
identified in this proposed rule for the identified subparts. We will
not consider, through this notice and comment process, comments that
are outside the scope of this proposed rule.

A. Subpart A--General Provisions

1. Background
    In today's rule, we are proposing a few minor amendments to the
general reporting requirements of 40 CFR 98.3(c)(4) of subpart A. These
changes relate to reporters that would be reporting under the
electronics manufacturing source category (40 CFR part 98, subpart I;
hereinafter referred to as ``subpart I''). We are also proposing an
amendment to Table A-7 to subpart A to add a Subpart L data element
used as an input to an emission equation that was inadvertently omitted
in the final deferral rule.
    For subpart I, the proposed change clarifies the GHGs that should
be reported in the annual GHG report (40 CFR 98.3(C)(4)). This proposed
change follows the amendments to reporting requirements for heat
transfer fluids (fluorinated HTFs) that were published on February 22,
2012 (77 FR 10373). In that rule, the EPA amended the definition of
fluorinated HTFs to specify that the lower vapor pressure limit clause
in the subpart A definition of fluorinated GHG did not apply to
fluorinated HTFs in subpart I beginning in reporting year 2012 (40 CFR
98.98).
2. Proposed Amendments
    Section 98.3(c)(4) of subpart A specifies the types of data and
format for reporting emissions in the annual GHG reports (e.g., annual
emissions from each source category by GHG). Without the proposed
change to conform the subpart I requirements for fluorinated HTFs with
subpart A, reporters are required to calculate emissions of fluorinated
HTFs under subpart I but report only a subset of them in their annual
report totals under subpart A. The proposed amendment to subpart A
specifies that facilities subject to subpart I must include all
fluorinated HTFs in the computation of CO2e that is required
by 40 CFR 98.3(c)(4)(i). Facilities must report each fluorinated HTF
that is also a fluorinated GHG under 40 CFR 98.3(c)(4)(iii)(E) and each
fluorinated HTF that is not a fluorinated GHG in the newly proposed
data element, 40 CFR 98.3(c)(4)(iii)(F). Today's proposed change is a
harmonizing modification to clarify how facilities subject to subpart I
would report the emissions from fluorinated heat transfer fluids, as
required by the February 22, 2012 amendments to subpart I. The EPA
determined that this change would simplify reporting for facilities and
reduce burden by amending subpart A to be consistent with the
requirements in subpart I.
    The EPA is proposing to make this change effective for reporting
year 2012. Given that facilities are already required to calculate
emissions of fluorinated HTFs under subpart I, reporters will already
have the necessary data to comply with the proposed amendments.
    Table A-7 to subpart A of Part 98 lists the inputs to emission
equations whose reporting deadlines are currently deferred until March
31, 2015. In the final deferral, the data element, ``the mass of each
fluorine-containing product produced by the process'' (40 CFR
98.126(b)(7)) was inadvertently omitted from Table A-7 of subpart A.
This data element is an input to an equation because it is used in
Equation L-6. Thus, we are proposing to amend Table A-7 to subpart A to
include this input and hence, defer its reporting deadline until March
31, 2015.
3. Overview and Approach to Proposed CBI Determinations
    The proposed changes to subpart A do not affect the proposed
confidentiality determinations for subpart A or I data elements or the
proposed deferral of the deadline for reporting inputs to emission
equations (February 22, 2012, 77 FR 10434; Mandatory Reporting of
Greenhouse Gases Rule: Confidentiality Determinations and Best
Available Monitoring Methods Provisions, hereinafter referred to as the
``February 22, 2012 CBI rule'').
    As discussed in Section II.A.2 of this preamble, the EPA is
proposing to add a data element in Subpart A (98.3(c)(4)(iii)(F)). This
additional data element is a harmonizing change that makes the subpart
A requirements consistent with the recently finalized February 22, 2012
subpart I amendments. To that end, the information that would be
reported under the proposed new data element in subpart A is a subset
of the information to be reported under the data element 98.96(c)(4),
which the EPA proposed to be non-confidential by assigning it to the
``Emissions'' category in a recent action.\6\ Since the information
proposed under Subpart A in today's action is a subset of the
information to be reported under 98.96(c)(4), the confidentiality
determination proposed for that subpart I data element applies to the
subpart A data element proposed in this action. As a result, we are not
proposing a confidentiality determination for the new subpart A data
element in this action.
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    \6\ See 77 FR 10434, February 22, 2012.
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B. Subpart TT--Industrial Waste Landfills

1. Background
    In this action we are proposing one correction to the provisions of
subpart TT to exclude certain facilities that only receive inert waste
from reporting requirements under the GHG Reporting Rule. This proposed
amendment would ensure that landfills that are not expected to emit
GHGs are excluded from reporting requirements under this subpart.
2. Proposed Amendment
    We are proposing one technical amendment to subpart TT to address
questions received about applicability of the subpart to industrial
waste landfills that receive only inert wastes. In subpart TT, the
volatile solids concentration is used as a surrogate for determining
degradable organic carbon (DOC) content of a waste material [40 CFR
98.464(b)(4)(ii)]. In 40 CFR 98.460(c)(xii), the EPA provides an
exclusion for those facilities that receive inert waste materials
``with a volatile solids concentration of 0.5 weight percent (on a dry
basis) or less.'' However, some landfill owners or operators test their
waste stream to determine directly waste-specific degradable organic
content. These tests, when performed as described in 40 CFR
98.464(b)(4)(i)(A) of the rule, can provide a more accurate DOC value
than calculating organic content from volatile

solids. Therefore, to ease reporting burden on those facilities that
receive inert waste but calculate DOC directly, we propose to add a
direct DOC value exclusion as 40 CFR 98.460(c)(2)(xiii). This exclusion
would be provided in weight percent on a wet basis because this is
consistent with the units for DOC.
3. Overview and Approach to Proposed CBI Determinations
    This proposed amendment to subpart TT is not expected to affect the
proposed confidentiality determinations for subpart TT data elements or
the proposed deferral of the deadline for reporting of inputs to
emission equations (January 10, 2012, 77 FR 1434; Proposed
Confidentiality Determinations for Data Elements Under the Mandatory
Reporting of Greenhouse Gases Rule and Amendments to Table A-6 to
Subpart A of Part 98, of the Greenhouse Gas Reporting Rule, hereinafter
referred to as the January 10, 2012 CBI rule.)

C. Subpart W--Petroleum and Natural Gas Systems

1. Background
    In this action, the EPA is proposing minor corrections and
clarifying amendments to certain provisions to assist facilities with
implementing existing rule requirements. We are proposing technical
corrections to provisions in subpart W for calculating and reporting
greenhouse gas emissions, as well as several emission factors in
associated tables. Since publication of subpart W in November 2010, the
EPA amended subpart W on December 23, 2011, (76 FR 80554). That notice
included technical corrections and clarifications designed to increase
flexibility, provide needed clarification regarding applicability, and
to address specific errors in equations and citations. This proposal
complements that action and is not intended to duplicate or replace the
amendments published on December 23, 2011.
    Many of the corrections in the December 23, 2011 action were the
result of internal review by the EPA, as in the case of the correction
to the calculation methodology for estimating emissions from gas well
venting during completions and workovers using hydraulic fracturing.
Onshore petroleum and natural gas facilities subject to subpart W are
required to report emissions resulting from this emission source using
one of three methods in the December 23, 2011 rule. The first method
relies on installation of a recording flow meter on the vent line
(upstream of a flare or vent if used) to measure the flowback rate for
representative wells in each gas producing sub-basin category and well
type combination. The second method is based on engineering equations
to calculate the well flowback during well completions and workovers
from hydraulic fracturing. The last method applies to facilities that
are already measuring the flowback volumes during gas well completions
or workovers within a given sub-basin and well type combination.
    Following the EPA's review of this emission source, and method two
in particular, we determined that correction was needed to Equations W-
11A and W-11B to convert the resultant flow rate (parameter FR) into
standard conditions instead of the resultant actual conditions as
written. Without this conversion, the calculated flow volumes in
Equations W-11A and W-11B would incorrectly result in actual conditions
instead of standard conditions, which is necessary for input into
Equations W-12 and W-10A. In this action, the EPA is proposing to
include a correction to convert the flow rate determined in Equation W-
11A and W-11B to standard conditions through the use of Equation W-33.
2. Proposed Technical Corrections
    EPA is proposing several technical corrections and amendments to
subpart W to correct equations and otherwise clarify provisions in the
rule to ensure consistency across the calculation, monitoring, and
reporting requirements in subpart W and thereby facilitate reporting.
    This section describes the EPA's proposed corrections for subpart
W.
    Calculating Greenhouse Gas Emissions. The EPA is proposing several
clarifications, corrections, and amendments throughout 40 CFR 98.233.
These proposed changes are intended to clarify terms, correct
references, and remove extraneous terms.
    Dehydrator Vents. The EPA is proposing to amend Equation W-6 in 40
CFR 98.233(e)(5) by removing a factor of 1000 from the denominator so
that the calculated emissions will result in standard cubic feet rather
than thousand standard cubic feet.
    Well Venting for Liquids Unloading. The EPA is proposing to provide
reporters with the option to take and use more than the prescribed
number of sample measurements per unique well tubing diameter and
pressure group combination per sub-basin. The EPA notes that this would
not change the burden to reporters, and still only would require that
one sample per unique well tubing diameter and pressure group
combination be taken, but would allow reporters to account for any
additional samples that they may have already taken.
    The EPA is proposing to amend Equation W-7 in 40 CFR 98.233(f)(1)
by changing the parameter ``FRp'' to ``FR'' in both Equation
W-7 and in the definition to avoid confusion. As previously written,
the equation could be interpreted to imply that the flow rate should be
measured for all wells, as ``p'' refers to all wells in a pressure
group and tubing group combination; rather, the intention of the
equation is to calculate the flow rate for at least one well in each
tubing and pressure group combination within a sub-basin. Removing the
subscript ``p'' from the parameter and revising the parameter
definition accordingly clarifies that the measurement is not for all
wells. Also in Equation W-7, the EPA is proposing to amend the
parameter Tp and its definition to clarify that it refers to
the cumulative amount of time in hours for venting of each well as
opposed to the time for the well(s) that were measured.
    The EPA is proposing to update Equation W-8 in 40 CFR 98.233(f)(2)
by revising the definition of parameter SPp to clarify that
the reporter must take a ratio of casing to tubing pressure. The EPA is
further updating Equation W-8 and also Equation W-9 in 40 CFR
98.233(f)(3) by replacing the subscript ``q'' with ``p'' in parameter
SFR to match the definition of parameter SFRp. Finally, for
Equations W-8 and W-9, the EPA is clarifying that the terms Vp and
HRp,q are to be monitored per unloading event.
    Gas Well Venting During Completions and Workovers from Hydraulic
Fracturing. The EPA reviewed Equation W-11A, which calculates a flow
rate for subsonic flow, and Equation W-11B, which calculates a flow
rate for sonic flow. These equations are intended to calculate flow of
gas following hydraulic fracturing of gas wells through a choke at the
wellhead. The EPA determined that the equations as presented in the
final rule are correct. However, it may not be clear in the December
2011 final rule that the output from Equations W-11A and W-11B are at
actual conditions, i.e., subsonic and sonic flow conditions and that a
conversion of the results from Equation W-11A and W-11B to standard
conditions is required prior to use in Equation W-12. Omitting the step
of converting actual to standard conditions results in a lower flowrate
output from Equation W-11A or Equation W-11B, which corresponds to a
lower emissions calculation in Equation W-10A. In this

proposed rule, EPA proposes to add a reference to 40 CFR 98.233(t) in
the parameter definition FRs,p to convert FRa to
standard conditions. Furthermore, to eliminate this potential ambiguity
and make the equations more explicit, the EPA is proposing to insert
the word ``actual'' in the definition of flow rate, FR, and also add a
subscript ``a.'' Finally, EPA proposes to clarify the definition of
orifice cross sectional area, ``A'' to state ``Cross sectional open
area of the restriction orifice (m2).''
    The EPA is proposing to clarify that the flow volume variable
FVs,p in Equation W-10B is at standard cubic feet, which is
a volume unit as opposed to the standard cubic feet per hour flow rate
unit in the December 2011 final rule. Although the engineering
equations in subpart W more commonly use flow rates as units of
measurement, the use of flow volumes in equation W-10B is similar to
the use of flow volume in 40 CFR 98.233(n), which includes provisions
for reporters to calculate their flow volumes in standard cubic feet as
opposed to a cubic feet per hour flow rate value.
    Finally, the EPA is proposing to provide reporters with the option
to take and use more than the prescribed number of sample measurements
per sub-basin and well type (horizontal or vertical). As described
above for a similar proposed amendment for well venting for liquids
unloading, the EPA notes that this would not change the burden to
reporters, but would allow reporters to account for any additional
samples that they may have already taken.
    Gas Well Venting During Completions and Workovers Without Hydraulic
Fracturing. The EPA is proposing amendments to clarify that the output
of Equation W-13 is a sum of emissions from all completions and
workovers without hydraulic fracturing within a sub-basin.
    Blowdown Vent Stacks. The EPA is proposing to revise the
nomenclature of two terms in Equations W-14A and W-14B. First, the EPA
is revising the parameter ``Es,n'' in the parameter
description to match the term in the Equation W-14B. Second, the EPA is
revising the term ``Ta'' to ``Ta,p'' in Equation
W-14B to clarify the intent of the equation, which allows the reporter
to input the temperature in actual conditions for each blowdown event
``p.''
    Onshore Production Storage Tanks. The EPA is proposing to revise 40
CFR 98.233(j)(5) to clarify that the term ``throughput'' refers to
``average daily throughput of oil'' consistent with similar changes
made elsewhere in 40 CFR 98.233(j) during the December 23, 2011
technical corrections final rule. The EPA is also proposing to revise
the definition of ``Count'' in Equation W-15 of 40 CFR 98.233(j)(5) to
clarify that the reporters are to only count the separators or wells
that feed oil directly to the storage tank. The count should not
include separators that feed oil to other separators. The EPA is also
proposing to revise the parameter definition of ``1000'' to accurately
describe the conversion occurring through this parameter.
    Well Testing Venting and Flaring. The EPA is proposing to revise
the definition of ``PR'' in Equation W-17B of 40 CFR 98.233(l)(3) to
clarify that the production rate is in actual and not standard
conditions.
    Flare Stack Emissions. The EPA is proposing to remove and reserve
40 CFR 98.233(n)(7) to harmonize the language with the reporting
requirements in 40 CFR 98.236, which requires emissions to be reported
separately for combusted CO2, uncombusted CO2,
and uncombusted CH4. This deletion would remove an undesired
calculation.
    Centrifugal and Reciprocating Compressors. The EPA is proposing to
make technical corrections to Equations W-23, W-24, W-27, and W-28 to
provide the proper notation for the summations in those equations so
that owners and operators may correctly calculate GHG emissions from
centrifugal and reciprocating compressors. Although EPA recognizes that
additional clarifications to the definitions in the parameters to these
equations could be helpful to owners and operators, the EPA has not
proposed any substantive changes in this action. This is because,
following the publication of subpart W in the Federal Register in 2010,
several industry groups requested reconsideration of several provisions
in the final rule, including the reciprocating and centrifugal
compressor monitoring requirements. At present, we are merely making
technical corrections to the existing equations in the rule, and are
not granting reconsideration of the compressor requirements or any
other issues raised in those petitions for reconsideration in this
action. We will consider the compressor monitoring requirements at a
later time.
    Finally, the EPA is proposing to revise the definition of parameter
EFi in Equation W-25 in 40 CFR 98.233(o)(7) by deleting the
term ``thousand'' to eliminate an unnecessary unit conversion.
    Population Count and Emission Factors. We are also proposing to
amend an incorrect reference in 40 CFR 98.233(r)(2) to ``Table W-1A''
to Subpart A of Part 98 instead of ``Table 1-A.''
    Finally, in 40 CFR 98.233(r)(6)(ii), we are proposing to revise the
term ``meter or regulator'' and replace it with ``meter/regulator,''
for consistency with the term prescribed in the definition in 40 CFR
98.238.
    Volumetric emissions. The EPA is proposing to revise 40 CFR
98.233(t) to clarify that reporters do not need to alter their
calculation results to standard conditions if the results already
reflect standard conditions.
    GHG mass emissions. The EPA is proposing to revise the definition
of parameter ``[rho]i'' in Equation W-36 to amend the
density value of CH4 to be 0.0192 kg/ft3 in
Equation W-36. The current density value of 0.04220 is the density of
CH4 in lb/ft3. In the required units of kg/
ft3, the density value for CH4 should be 0.0192
kg/ft3.
    Onshore Production and Distribution Combustion Emissions. The EPA
is proposing to replace the parameter ``ECO2'' with
``Ea,CO2'' in the parameter definition for Equation W-39A in
40 CFR 98.233(z)(2)(iii) to match the parameters in the equation.
Finally, the EPA is proposing to revise the definition of ``HHV'' in 40
CFR 98.233(z)(2)(vi) to reflect the correct term represented by the
acronym.
    Data Reporting Requirements. The EPA is proposing amendments to
specific provisions within 40 CFR 98.236. These changes are intended to
clarify terms, correct references, and remove extraneous terms.
    First, the EPA is proposing to amend 40 CFR 98.236(c)(5)(ii)(D) to
clarify that the average internal casing diameter of all wells, as
opposed to each well, must be reported.
    Second, we propose to amend 40 CFR 98.236(c)(9) by removing the
text, ``using optical gas imaging instrument per 40 CFR 98.234(a)
(refer to 40 CFR 98.233(k)), or acoustic leak detections of.'' This is
because 40 CFR 98.233(k) allows the use of several monitoring methods
for determining tank vapor vent stack emissions. The text in 40 CFR
98.236(c)(9) limits the reporters to optical gas imaging and acoustic
leak detection, which is misleading.
    The EPA is also proposing to amend 40 CFR 98.236(c)(13)(iii)(C) to
correct for an error in the units associated with emissions from
isolation valve leakage for centrifugal compressors measured using
provisions in 40 CFR 98.233. Specifically, EPA is proposing to replace
the units of ``cubic feet per hour'' with ``metric tons of
CO2e for each gas'' to align the units of this data
reporting element to those of the general

provisions of Part 98, 40 CFR 98.3(c)(4)(i), which require reporting of
annual emissions in units of mass in metric tons of CO2e.
EPA seeks comment on this proposed amendment to correct the units for
this data reporting element.
    Next, the EPA is proposing to amend 40 CFR 98.236(c)(15)(i)(B) by
updating the incorrect reference to ``Equation W-30'' to read
``Equation W-30A.'' Similarly, the EPA is proposing to amend 40 CFR
98.236(c)(15)(i)(C) by updating the incorrect reference to Equation W-
30 to read Equation W-30A. In 40 CFR 98.236(c)(15)(i)(C), the EPA
proposes to delete the unnecessary reference to ``parameter GHGi.''
    In 40 CFR 98.236(c)(15)(ii)(A), the EPA is proposing to remove the
text references to ``(a)(4)'' and ``W-3'' because the reporting
requirements for pneumatic devices are already covered under 40 CFR
98.236c)(1) and making this reference unnecessary. Similarly, the EPA
is proposing to delete the reference to ``(a)(8)'' because the
reporting requirements for population counts in the natural gas
distribution industry segment are already covered under 40 CFR
98.236(c)(16).
    Finally, the EPA is proposing to delete ``and CH4'' from
the reporting requirements for EOR injection pumps in 40 CFR
98.236(c)(17)(v). The EPA clarified through the December 23, 2011 final
rule that only CO2 emissions must be calculated from EOR
injection pump blowdowns (76 FR 80565). Although the calculation
requirements were clarified in that rule, the harmonizing change was
not made to remove CH4 from the data reporting requirements.
This proposed change would make the data reporting requirements
consistent with the calculation procedures in Equation W-37.
    Emission Factor Tables. First, we are proposing to revise the
incorrect title of Table W-1A of subpart W by deleting ``Table A-1A''
and correcting it to ``Table W-1A.''
    In the December 2011 technical corrections final rule (76 FR
80592), the emission factors were converted from a standard temperature
of 68 [deg]F to a standard temperature of 60 [deg]F. The EPA
inadvertently used an incorrect intermediary version of Table W-1A to
convert the emission factor. In this proposed rule, the EPA is
proposing to rectify the emission factors in Table W-1A using the
correct version of Table W-1A from the November 2010 rule. We note that
the EPA did receive technical comments on the actual default emission
factor values in Table W-1A in the December 2011 technical corrections
final rule (see the Response to Comments document for the final rule,
comment number EPA-HQ-OAR-2011-0147-0016, Excerpt 30). This proposed
action merely proposes to correct the error that resulted in December
2011 from use of an incorrect intermediary table when the emission
factors were converted from a standard temperature of 68 [deg]F to a
standard temperature of 60 [deg]F. As stated in the Response to
Comments document referenced above, the EPA may consider substantive
changes to the default factors for future rulemakings.
    The EPA made changes to the emission factors for the Eastern United
States in December 2011 as result of comments on the calculation
performed to derive these numbers. Similar changes were required for
the pneumatic devices in the Western United States but were
inadvertently not made in the December 2011 final rule. Therefore, the
EPA is proposing to make a similar change to the pneumatic device
emission factors for the Western United States.
    Finally, we are proposing to amend Table W-5 to provide the cross-
reference for footnote 2, by adding a reference associated with
footnote 2 to Vapor Recovery Compressor.
3. Overview and Approach to Proposed CBI Determinations
    In this action, the EPA is proposing a small number of revisions to
the data reporting requirements affecting subpart W reporters.
Specifically, in this action, the EPA is proposing to make the
following amendments:
     40 CFR (c)(5)(ii)(D) to clarify that the average internal
casing diameter must be reported for all wells, as opposed to each
well.
     40 CFR 98.236(c)(9) to align the reporting requirements
with the corresponding calculation methodologies in 40 CFR 98.233(k) by
removing erroneous text.
     40 CFR 98.236(c)(13)(iii)(C) to correct the units of the
reporting requirements.
     40 CFR 98.236(c)(15)(i)(B) and (C) to remove incorrect
references and citations.
     40 CFR 98.236(c)(15)(ii)(A) to remove unnecessary text
which if not removed results in redundancy for reporters.
     40 CFR 98.236(c)(17)(v) to remove reporting of CH4 to make
the reporting requirements consistent with the calculation procedures.
    For these data elements, the EPA proposed confidentiality
determinations (for non-inputs), and deferral of reporting (for inputs)
in a proposed action, Proposed Confidentiality Determinations for the
Petroleum and Natural Gas Systems Source Category, and Amendments to
Table A-7 of the Greenhouse Gas Reporting Rule, published on February
24, 2012 (77 FR 11039). These five amendments are minor clarifications
that do not change the general meaning of the data elements and
therefore would not affect the determinations or deferrals proposed in
that action.

D. Subpart L--Fluorinated Gas Production

1. Background
    In today's rule, we are proposing that greenhouse gas emissions be
reported in a less detailed manner for the initial two years of
reporting under subpart L. The proposed changes pertain only to subpart
L, and would be a temporary change (i.e., for reporting years 2011 and
2012) to allow the EPA sufficient time to fully evaluate concerns
recently raised by stakeholders that reporting and public availability
of process-specific emissions of individual fluorinated GHGs may reveal
trade secrets. Under subpart L, fluorinated gas producers are currently
required to report greenhouse gas emissions by chemical for each
process.\7\
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    \7\ Greenhouse gas emissions are currently required to be
reported by chemical for each fluorinate gas production process,
each fluorinated gas transformation process that is not part of a
fluorinated gas production process, each fluorinate gas destruction
process that is not part of a fluorinated gas production or
transformation process, and venting of residual fluorinated GHGs
(heels) from containers returned from the field (40 CFR
98.126(a)(2)).
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    On January 10, 2012, the EPA published proposed determinations
regarding whether the Greenhouse Gas Reporting Program data elements in
eight subparts of Part 98, including subpart L, would or would not be
entitled to confidential treatment under the CAA (77 FR 1434). In that
proposed rule, the EPA proposed that the chemical identities and
quantities of the fluorinated GHG emissions at the process-level,
reported under subpart L, are ``emission data.'' Under section 114 of
the CAA, ``emission data'' are not eligible for confidential treatment.
    Two commenters on that proposed rule, the American Chemistry
Council and 3M Company, raised concerns that the release of certain
data elements that the EPA proposed to classify as emission data, and
that therefore would not be eligible for treatment as confidential
business information, would reveal trade secrets. 3M noted that, due to
the uniqueness of its production processes, it may be the only U.S.
producer of fluorinated gases that

has these trade secret concerns. No other producer of fluorinated gases
individually raised these concerns in either the subpart L or CBI
rulemakings. Both commenters stated that the disclosure of the identity
and quantities of the fluorinated GHGs emitted at the process level,
from either process vents or fugitive sources, would reveal sensitive
information regarding individual chemical production processes. 3M
stated that process-level emission data contain specific information on
reactants, byproducts, and products that would provide competitors with
a detailed understanding of 3M's manufacturing process. They noted that
competitors with knowledge of fluorine chemistry could use such
information to identify the particular manufacturing pathways used by
3M. Competitors could then duplicate these processes without having to
incur research and development costs, placing 3M at a competitive
disadvantage.
    The American Chemistry Council and 3M Company also expressed
concern that the disclosure of the identity and quantity of emissions
at the process level could violate export control regulations.
Specifically, the commenters stated that the release of some data
elements would make public information that is subject to Export
Administration Regulations (EAR) and International Traffic in Arms
Regulations (ITAR) that prohibit public disclosure for reasons of
``national security, anti-terrorism, nuclear non-proliferation, and
chemical and biological weapons security.'' The commenters stated that
the federal regulations not only control export of products, but also
export of technical knowledge, such as the design of a product and
production information, and that the release of process-level emission
data may provide such insight into the design of a product or
production information that is export controlled. The commenters stated
that if the EPA attempted to protect export-controlled information from
disclosure by implementing ``an export control plan,'' this would be in
conflict with its position that emission data cannot be withheld from
the public under the CAA.
    EPA needs additional time to fully evaluate whether these concerns
are justified and how the rule might be changed to balance these
concerns with the need to obtain the data necessary to inform the
development of future GHG policies and programs. Specifically, EPA
needs additional time to consider these comments, better understand
whether the concerns raised are unique to one facility/manufacturer,
and evaluate whether a two-track approach with different levels of
reporting for different facilities would be feasible. Memorandum:
Potential Future Subpart L Options in the docket to this rulemaking
(EPA-HQ-OAR-2011-0147) describes some possible alternative reporting
frameworks. EPA is currently in the process of evaluating whether the
potential options described in the memorandum would generate an
adequate data set upon which to inform the development of future GHG
policies and programs. We seek comment on whether the options presented
would address the concerns raised by commenters. Although EPA is
seeking comment on the alternatives presented in this memorandum, any
changes to Part 98 would be made through a separate proposed action,
including accompanying proposed regulatory text changes. That proposal,
should there be one, would also include proposed confidentiality
determinations for any long-term proposed changes to the reporting
requirements in subpart L.
2. Proposed Amendments
    The EPA needs additional time to fully evaluate whether these
concerns are warranted. As a result, we are proposing amendments that
would apply for only reporting years 2011 and 2012 to allow the EPA
sufficient time to evaluate these concerns, and if needed, to make
permanent changes to the rule. We are proposing a new reporting element
for reporting years 2011 and 2012, where owners and operators of
facilities producing fluorinated gases would be required to report
annual total facility-wide fluorinated GHG emissions, expressed in tons
of CO2e.\8\ The facilities would not be required to report
process level emissions or individual fluorinated GHGs for reporting
years 2011 and 2012. These amendments would apply to subpart L only.
These proposed amendments do not change any other requirements of Part
98, including the requirement that these data elements be retained as
records in a form that is suitable for expeditious inspection and
review (required for all Part 98 records by 40 CFR 98.3(g)).
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    \8\ This would include emisions from all fluorinated gas
production processes, all fluorinated gas transformation processes
that are not part of a fluorinated gas production process, all
fluorinated gas destruction processes that are not part of a
fluorinated gas production process or a fluorinated gas
transformation process, and venting of residual fluorinated GHGs
from containers returned from the field.
---------------------------------------------------------------------------

    This proposed action would not have any impact on the EPA's final
rule issued on August 25, 2011 (76 FR 53057), which deferred the
deadline for reporting subpart L data elements that are inputs to
emission equations until March 31, 2015. The data elements listed in
that action for which the reporting deadline was deferred until March
31, 2015 are still deferred until that date. For the data elements
listed below, we are proposing in this action, that owners and
operators of facilities producing fluorinated gases would not be
required to submit the information until March 31, 2014 (unless the
deferral of inputs action mentioned previously has already set forth a
deferred reporting deadline of March 31, 2015).
     40 CFR 98.3(c)(4)(iii)
     40 CFR 98.126 (a)(2), (a)(3), (a)(4), (a)(6),(b), (c),
(d), (e), (f), (g), and (h).
    The data element at 40 CFR 98.3(c)(4)(iii) is the subpart A
reporting requirement that requires reporting of greenhouse gas
emissions by chemical for each subpart. Again, reporting of this data
element would be deferred for reporting year 2011 and reporting year
2012 for subpart L only.
    With these proposed changes, fluorinated gas producers would
report, under subpart L, only the data elements in 40 CFR 98.126(a)(5)
(the methods used) and in proposed paragraph 40 CFR 98.126(j) (for
facility-level CO2e emissions) for reporting year 2011 and
reporting year 2012. Consistent with 40 CFR 98.126(e), a facility would
need to include the excess emissions, converted to CO2e,
that result from malfunctions of the destruction device when reporting
total facility CO2e under 40 CFR 98.126(j). However, as
noted in 40 CFR 98.126(j), these excess emissions would not need to be
reported separately but would be included in the facility-wide
CO2e reported. While reporters are still reporting
98.126(a)(5), we are proposing to amend this reporting element to
require facilities to report the methods used to determine emissions at
a facility-level rather than linking each method to a particular
process.
    We note that the data elements in 40 CFR 98.122(a) and (b) refer to
reporting of GHGs under subpart C of part 98, General Stationary Fuel
Combustion Sources, and the reporting of fluorinated GHGs under subpart
O of part 98, HCFC-22 Production and HFC-23 Destruction, respectively,
and we are not proposing to change them through this action.
    To convert fluorinated GHG emissions into CO2e, the EPA
is proposing that facilities use Equation A-1 of subpart A. For
fluorinated GHGs that do not have a GWP listed in Table A-1, facilities
would be required either to use a default

GWP or to use their best estimate of the GWP, based on the information
described in 40 CFR 98.123(c)(1)(vi)(A)(3).\9\ The default GWP used
would depend on the type of fluorinated GHG. For fully fluorinated
GHGs, the default GWP would be 10,000, which is based on the average
GWP of the fully fluorinated GHGs on Table A-1. For the purposes of
subpart L, EPA is proposing to define ``fully fluorinated GHGs'' as
``fluorinated GHGs that contain only single bonds and in which all
available valence locations are filled by fluorine atoms. This includes
but is not limited to saturated perfluorocarbons, SF6, NF3, SF5CF3,
fully fluorinated linear, branched and cyclic alkanes, fully
fluorinated ethers, fully fluorinated tertiary amines, fully
fluorinated aminoethers, and perfluoropolyethers.'' For other
fluorinated GHGs, the default GWP would be 2,000, which is based on the
average GWP of the other fluorinated GHGs on Table A-1. EPA is
proposing to distinguish between fully fluorinated GHGs and other
fluorinated GHGs because the former have significantly longer lifetimes
and higher GWPs than the latter. EPA requests comment on the proposed
definition of fully fluorinated GHGs and on the default GWPs.
---------------------------------------------------------------------------

    \9\ This is part of the provision of subpart L that allows
facilities to request to use provisional GWPs to calculate whether
they must use stack testing to establish an emission factor for a
vent. Note that EPA is not proposing to approve best-estimate GWPs
under this action.
---------------------------------------------------------------------------

    We are proposing to add three new data elements that, if a facility
used one or more default or best-estimate GWPs, it would be required to
report the shares of its CO2e emissions that were
respectively based on the default and/or best estimate GWPs. This would
enable the EPA to understand the potential impact of the default or
best estimate GWPs on the overall estimated emissions of the facility.
We are proposing that, facilities using best estimate GWPs be required
to keep the GWPs, along with the data and analysis that were used to
develop the GWPs, as records.
    The EPA requests comment on the approach for assigning GWPs to
fluorinated GHGs without GWPs on Table A-1. If commenters believe that
another method should be used for calculating GWP values for chemicals
not listed in Table A-1, they should provide details and rationale for
the specific method that they recommend.
    The EPA is proposing that the amendments described above apply for
reporting year 2011 and reporting year 2012. Because the deadline for
reporting year 2012 reporting is March 31, 2013, just six months after
the reporting year 2011 reporting deadline, the EPA has determined that
making these proposed amendments effective for two reporting years
would allow sufficient time to fully evaluate the concerns raised as
well as, if needed, make a permanent change to the rule. The EPA
requests comment on whether these amendments should apply for only
reporting year 2011 rather than for reporting year 2011 and reporting
year 2012.
    Because only one company raised concerns that reporting process-
specific emissions by chemical would reveal trade secrets, the EPA is
also requesting comment on giving fluorinated gas producers the option
to report all of the subpart L data elements that are currently subject
to a September 2012 reporting deadline. Fluorinated gas producers that
have established tracking and reporting systems based on the current
rule would then be able to report based on their current systems. At
the same time, this approach would preserve chemical-by-chemical
reporting at the process level where companies decide to report in this
manner.
3. Overview and Approach to Proposed CBI Determinations
    As discussed in Section II.D.2 of this preamble, the EPA is
proposing amendments that would apply to subpart L for reporting years
2011 and 2012. Owners and operators would be required to report the
facility's fluorinated GHG emissions only as an annual total expressed
as CO2e emissions as well as the shares of those emissions
that were based on the default and/or best estimate GWPs.
    The proposed amendment includes addition of these four reporting
elements, which are listed below in Table 2 of this preamble.\10\
---------------------------------------------------------------------------

    \10\ 76 FR 30782, May 26, 2011.
    \11\ The CBI determinations of these data categories were
finalized in the Final CBI Rule (May 26, 2011, 76 FR 30782).

      Table 2--Proposed Reporting Data Elements and Confidentiality
                             Determinations
------------------------------------------------------------------------
                                                          Proposed data
                                                            category
           Citation                  Data element        (finalized CBI
                                                          determination
                                                              \11\)
------------------------------------------------------------------------
1. 98.126(j)(3)...............  You must report the     Emissions
                                 total fluorinated GHG   (Emission Data:
                                 emissions of the        Made available
                                 facility, expressed     to the public).
                                 in tons of CO2e.
2. 98.126(j)(3)(ii)...........  Provide the total       Emissions
                                 annual emissions        (Emission Data:
                                 across fluorinated      Made available
                                 GHGs for the entire     to the public).
                                 facility, in metric
                                 tons of CO2e, that
                                 were calculated using
                                 the default GWP of
                                 2000.
3. 98.126(j)(3)(iii)..........  Provide the total       Emissions
                                 annual emissions        (Emission Data:
                                 across fluorinated      Made available
                                 GHGs for the entire     to the public).
                                 facility, in metric
                                 tons of CO2e, that
                                 were calculated using
                                 the default GWP of
                                 10,000.
4. 98.126(j)(3)(iv)...........  Provide the total       Emissions
                                 annual emissions        (Emission Data:
                                 across fluorinated      Made available
                                 GHGs for the entire     to the public).
                                 facility, in metric
                                 tons of CO2e, that
                                 were calculated using
                                 your best estimate of
                                 the GWP.
------------------------------------------------------------------------

    In conjunction with the proposed addition of the four data elements
identified above, we are proposing confidentiality determinations for
these data elements. Because these four data elements describe
emissions exhausted to the atmosphere, we are proposing to assign these
proposed data elements to the ``Emissions'' category. These proposed
data elements are exactly the same type of data (i.e., information
regarding the quantity of GHG emissions to the atmosphere) as all of
the other data elements previously categorized in the ``Emissions''
data category in the Final CBI rule. As mentioned above, in the Final
CBI rule, the EPA determined that the data elements in this data
category are ``emission data'' under CAA section 114(c) and 40 CFR
2.301(a)(2)(i). Since the proposed data elements are the same as the
data elements previously finalized in the ``Emissions'' data category,
we propose

that the determination applied to that category also applies to these
four proposed data elements, and that these data elements would not be
eligible for CBI treatment.
    As mentioned above, we are also proposing to amend the reporting
requirement in 98.126(a)(5); however, the proposed amendment is a minor
change in which facilities are reporting the methods used to determine
emissions at a facility-level rather than linking each method to a
particular process. Because the same information would be reported
(without being linked to a particular process), this change does not
affect the proposed confidentiality determination that was made for
this data element in a recent proposal.12 As a result, we are not
proposing a confidentiality determination for this data element.

III. Statutory and Executive Order Reviews

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

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

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
These proposed amendments do not make any substantive changes to the
reporting requirements in any of the subparts for which amendments are
being proposed. In many cases, the proposed amendments could
potentially reduce the reporting burden by making the monitoring and
reporting requirements more clear and to more closely conform to
industry practices. However, the OMB has previously approved the
information collection requirements for subparts A on October 30, 2009,
subpart L on December 1, 2010, subpart W promulgated on November 30,
2010, subpart TT promulgated on July 12, 2010 under 40 CFR part 98
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq., and has assigned OMB control numbers 2060-0629; 2060-0650; and
2060-0647; and 2060-0649 respectively. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Further information on the EPA's assessment on the impact on burden
can be found in the 2012 Technical Corrections and Amendments Cost Memo
in docket number EPA-HQ-OAR-2011-0147.

C. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
    For purposes of assessing the impacts of this proposed rule on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of these proposed rule
amendments on small entities, I certify that this action will not have
a significant economic impact on a substantial number of small
entities. The proposed rule amendments will not impose any new
requirement on small entities that are not currently required by the
regulation of subpart A promulgated on October 30, 2009; subpart TT
promulgated on July 12, 2010; subpart W promulgated on November 30,
2010, or subpart L promulgated on December 1, 2010.
    Based on the proposed amendments in his action, the EPA has
provided clarity to address ambiguity in the rule provisions, and has
proposed corrections where necessary to assist reporters in
implementation of these subparts.
    Further, the EPA took several steps to reduce the impact of 40 CFR
part 98 on small entities when developing the final GHG reporting rules
in 2009 and 2010. For example, the EPA determined appropriate
thresholds that reduced the number of small businesses reporting. In
addition, the EPA conducted several meetings with industry associations
to discuss regulatory options and the corresponding burden on industry,
such as recordkeeping and reporting. Finally, the EPA continues to
conduct significant outreach on the GHG reporting program and maintains
an ``open door'' policy for stakeholders to help inform the EPA's
understanding of key issues for the industries.

D. Unfunded Mandates Reform Act (UMRA)

    The proposed rule amendments do not contain a Federal mandate that
may result in expenditures of $100 million or more for State, local,
and tribal governments, in the aggregate, or the private sector in any
one year. Thus, the proposed rule amendments are not subject to the
requirements of section 202 and 205 of the UMRA. This rule is also not
subject to the requirements of section 203 of UMRA because it contains
no regulatory requirements that might significantly or uniquely affect
small governments. The proposed amendments will not impose any new
requirements that are not currently required for 40 CFR part 98, and
the rule amendments would not unfairly apply to small governments.
Therefore, this action is not subject to the requirements of section
203 of the UMRA.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. For a more detailed discussion
about how Part 98 relates to existing state programs, please see
Section II of the preamble to the final Greenhouse Gas Reporting Rule
(74 FR 56266, October 30, 2009).
    These amendments apply directly to facilities that supply certain
products that would result in GHGs when released, combusted or oxidized
and facilities that directly emit greenhouses gases. They do not apply
to governmental entities unless the government entity owns a facility
that directly emits GHGs above threshold levels (such as a landfill),
so relatively few government facilities would be affected. This
regulation also does not limit the power of States or localities to
collect GHG data and/or regulate GHG emissions. Thus, Executive Order
13132 does not apply to this action.
    Although section 6 of Executive Order 13132 does not apply to this
action, the EPA did consult with State and local officials or
representatives of State and local governments in developing subparts A
on October 30, 2009; subpart TT promulgated on July 12, 2010; subpart W
promulgated on November 30, 2010; and subpart L promulgated on December
1, 2010. A summary of the EPA's consultations with State and local

governments is provided in Section VIII.E of the preamble to the 2009
final rule.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, the EPA specifically solicits comment on this proposed
action from State and local officials.

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

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). The proposed
rule amendments would not result in any changes to the current
requirements of 40 CFR part 98. Thus, Executive Order 13175 does not
apply to this action.
    Although Executive Order 13175 does not apply to this action, the
EPA sought opportunities to provide information to Tribal governments
and representatives during the development of the rules for subparts A
on October 30, 2009; subpart TT promulgated on July 12, 2010; subpart W
promulgated on November 30, 2010, and subpart L promulgated on December
1, 2010. A summary of the EPA's consultations with Tribal officials is
provided Sections VIII.E and VIII.F of the preamble to the 2009 final
rule and in Section IV.F of the final rule for subpart W.

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

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

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

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

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113 (15 U.S.C. 272 note) directs
the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs the EPA to provide
Congress, through OMB, explanations when the EPA decides not to use
available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards.
Therefore, the EPA is not considering the use of any voluntary
consensus standards.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    The EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment because it is a rule addressing information collection and
reporting procedures.

List of Subjects in 40 CFR Part 98

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

    Dated: May 11, 2012.
Lisa P. Jackson,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is proposed to be amended as follows:

PART 98--[AMENDED]

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

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

Subpart A--[Amended]

    2. Section 98.3 is amended by:
    a. Revising paragraph (c)(4)(i).
    b. Revising paragraph (c)(4)(iii)(E).
    c. Adding paragraph (c)(4)(iii)(F).
    d. Revising paragraph (c)(4)(vi).
    The revisions read as follows:

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

* * * * *
    (c) * * *
    (4) * * *
    (i) Annual emissions (excluding biogenic CO2) aggregated
for all GHG from all applicable source categories, expressed in metric
tons of CO2e calculated using Equation A-1 of this subpart.
For electronics manufacturing (as defined in Sec.  98.90), starting in
reporting year 2012 the CO2e calculation must include each
fluorinated heat transfer fluid (as defined in Sec.  98.98) whether or
not it is also a fluorinated GHG.
* * * * *
    (iii) * * *
    (E) Each fluorinated GHG (as defined in Sec.  98.6), including
those not listed in Table A-1 of this subpart.
    (F) For electronics manufacturing (as defined in Sec.  98.90), each
fluorinated heat transfer fluid (as defined in Sec.  98.98) that is not
also a fluorinated GHG as specified under (c)(4)(iii)(E). This
requirement applies beginning in reporting year 2012.
* * * * *
    (vi) When applying paragraph (c)(4)(i) of this section to
fluorinated GHGs and fluorinated heat transfer fluids, calculate and
report CO2e for only those fluorinated GHGs and fluorinated
heat transfer fluids listed in Table A-1 of this subpart.
* * * * *
    3. Table A-7 to subpart A of part 98 is amended by revising the
entries for subpart L to read as follows:

   Table A-7 to Subpart A of Part 98--Data Elements that Are Inputs to
  Emission Equations and for Which the Reporting Deadline Is March 31,
                                  2015
------------------------------------------------------------------------
                                                 Specific data elements
                                                for which reporting date
                                                   is March 31, 2015
                        Rule citation (40 CFR   (``All'' means all data
        Subpart                part 98)          elements in the cited
                                                   paragraph are not
                                                required to be reported
                                                 until March 31, 2015)
------------------------------------------------------------------------

                              * * * * * * *
L.....................  98.126(b)(1).........  Only data used in
                                                calculating the absolute
                                                errors and data used in
                                                calculating the relative
                                                errors.
L.....................  98.126(b)(2).........  All.
L.....................  98.126(b)(6).........  Only mass of each
                                                fluorine-containing
                                                reactant fed into the
                                                process.
L.....................  98.126(b)(7).........  Only mass of each
                                                fluorine-containing
                                                product produced by the
                                                process.
L.....................  98.126(b)(8)(i)......  Only mass of each
                                                fluorine-containing
                                                product that is removed
                                                from the process and fed
                                                into the destruction
                                                device.
L.....................  98.126(b)(8)(ii).....  Only mass of each
                                                fluorine-containing by-
                                                product that is removed
                                                from the process and fed
                                                into the destruction
                                                device.
L.....................  98.126(b)(8)(iii)....  Only mass of each
                                                fluorine-containing
                                                reactant that is removed
                                                from the process and fed
                                                into the destruction
                                                device.
L.....................  98.126(b)(8)(iv).....  Only mass of each
                                                fluorine-containing by-
                                                product that is removed
                                                from the process and
                                                recaptured.
L.....................  98.126(b)(8)(v)......  All.
L.....................  98.126(b)(9)(i)......  All.
L.....................  98.126(b)(9)(ii).....  All.
L.....................  98.126(b)(9)(iii)....  All.
L.....................  98.126(b)(10)........  All.
L.....................  98.126(b)(11)........  All.
L.....................  98.126(b)(12)........  All.
L.....................  98.126(c)(1).........  Only quantity of the
                                                process activity used to
                                                estimate emissions.
L.....................  98.126(c)(2).........  All.
L.....................  98.126(d)............  Only estimate of missing
                                                data.
L.....................  98.126(f)(1).........  All.
L.....................  98.126(g)(1).........  All.
L.....................  98.126(h)(2).........  All.

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

Subpart L--[Amended]

    4. Section 98.126 is amended by:
    a. Revising paragraph (a) introductory text.
    b. Revising paragraph (a)(5).
    c. Adding paragraph (j).
    The revisions read as follows:

Sec.  98.126  Data Reporting Requirements.

    (a) All facilities. In addition to the information required by
Sec.  98.3(c), you must report the information in paragraphs (a)(2)
through (a)(6) of this section according to the schedule in paragraph
(a)(1) of this section, except as otherwise provided in paragraph (j)
of this section or in Sec.  98.3(c)(4)(vii) and Table A-7 of Subpart A
of this part.
* * * * *
    (5) The methods used to determine the mass emissions of each
fluorinated GHG, i.e., mass balance, process-vent-specific emission
factor, or process-vent-specific emission calculation factor, at the
facility. If you use the process-vent-specific emission factor or
process-vent-specific emission calculation factor method, report the
methods used to estimate emissions from equipment leaks.
* * * * *
    (j) Special Provisions for Reporting Years 2011 and 2012 Only. For
reporting years 2011 and 2012, the owner or operator of a facility must
comply with paragraphs (j)(1), (j)(2), and (j)(3) of this section.
    (1) Timing. The owner or operator of a facility is not required to
report the data elements at Sec.  98.3(c)(4)(iii) and Sec.
98.126(a)(2), (a)(3), (a)(4), (a)(6), (b), (c), (d), (e), (f), (g), and
(h) of this section until the later of March 31, 2014 or the date set
forth for that data element at Sec.  98.3(c)(4)(vii) and Table A-7 of
Subpart A of this part.
    (2) Excess emissions. Excess emissions of fluorinated GHGs
resulting from destruction device malfunctions must be reflected in the
reported facility-wide CO2e emissions but are not required
to be reported separately.
    (3) Calculation and Reporting of CO2e. You must report the total
fluorinated GHG emissions covered by this subpart, expressed in metric
tons of CO2e. This includes emissions from all fluorinated
gas production processes, all fluorinated gas transformation processes
that are not part of a fluorinated gas production process, all
fluorinated gas destruction processes that are not part of a
fluorinated gas production process or a fluorinated gas transformation
process, and venting of residual fluorinated GHGs from containers
returned from the field. To convert fluorinated GHG emissions to
CO2e for reporting under this section, use Equation A-1 of
Sec.  98.2. For fluorinated GHGs whose GWPs are not listed in Table A-1
of Subpart A of this subpart, use either the default GWP specified
below or your best estimate of the GWP based on the information
described in Sec.  98.123(c)(1)(vi)(A)(3).
    (i) If you choose to use a default GWP rather than your best
estimate of the GWP for fluorinated GHGs whose GWPs are not listed in
Table A-1 to this subpart, use a default GWP of 10,000 for fluorinated
GHGs that are fully fluorinated GHGs and use a default GWP of 2000 for
other fluorinated GHGs.
    (ii) Provide the total annual emissions across fluorinated GHGs for
the entire facility, in metric tons of CO2e, that were
calculated using the default GWP of 2000.
    (iii) Provide the total annual emissions across fluorinated GHGs
for the entire facility, in metric tons of CO2e, that were
calculated using the default GWP of 10,000.

    (iv) Provide the total annual emissions across fluorinated GHGs for
the entire facility, in metric tons of CO2e, that were
calculated using your best estimate of the GWP.
    5. Section 98.127 is amended by adding paragraph (k) to read as
follows:

Sec.  98.127  Records that must be retained.

* * * * *
    (k) For fluorinated GHGs whose GWPs are not listed in Table A-1 to
this subpart, maintain records of the GWPs used to calculate facility-
wide CO2e emissions. Where you used your best estimate of
the GWP, maintain records of the data and analysis used to develop that
GWP, including the data elements at Sec.  98.123(c)(1)(vi)(A)(1)-(3).
    6. Section 98.128 is amended by adding the definition of ``Fully
fluorinated GHGs'' in alphabetical order to read as follows:

Sec.  98.128  Definitions.

* * * * *
    Fully fluorinated GHGs means fluorinated GHGs that contain only
single bonds and in which all available valence locations are filled by
fluorine atoms. This includes but is not limited to saturated
perfluorocarbons, SF6, NF3,
SF5CF3, fully fluorinated linear, branched and
cyclic alkanes, fully fluorinated ethers, fully fluorinated tertiary
amines, fully fluorinated aminoethers, and perfluoropolyethers.
* * * * *

Subpart W--[Amended]

    7. Section 98.233 is amended by:
    a. In paragraph (e)(5), revising Equation W-6.
    b. Revising paragraph (f)(1) introductory text, Equation W-7 and,
the definitions of parameters ``Tp'' and ``FRp''
in Equation W-7.
    c. Revising paragraph (f)(1)(i) introductory text and paragraph
(f)(1)(i)(A).
    d. In paragraph (f)(2), revising Equation W-8 and the definitions
of parameters ``SPp'', ``Vp'', and
``HRp,q'' in Equation W-8.
    e. Revising (f)(3) introductory text, Equation W-9 and the
definitions of parameters ``W'', ``Vp'', and
``HRp,q'' in Equation W-9.
    f. In paragraph (g), revising Equations W-10A and W-10B and the
definitions of ``FRM'', ``PRp'', ``EnFp'',
``SGp'', and ``FVp''.
    g. Revising paragraph (g)(1) introductory text.
    h. In paragraph (g)(1)(ii), revising Equations W-11A and W-11B, and
revising the definition of ``FR'' and ``A'' in both Equations W-11A and
W-11B.
    i. In paragraph (g)(1)(iii), revising Equation W-12 and the
definitions of ``FRM'', ``FRp'', and ``PRp''; removing the definition
of ``W''; and adding the definition of ``N.''
    j. Revising paragraph (g)(3)(i).
    k. In paragraph (h), revising the definition of parameter
``Es,n'' in Equation W-13.
    l. In paragraph (i)(3), revising the definition of
``ES,N'' in Equation W-14A, revising Equation W-14B and the
definition of ``Ta'' in Equation W-14B.
    m. Revising paragraph (j)(5) introductory text and the definitions
``Count'' and ``1,000'' in Equation W-15.
    n. In paragraph (l)(3), revising the definition of ``PR'' in
Equation W-17B.
    o. Removing and reserving paragraph (n)(7).
    p. In paragraph (o)(5), revising Equation W-23.
    q. In paragraph (o)(6), revising Equation W-24.
    r. In paragraph (o)(7), revising the definition of
``EFi'' in Equation W-25.
    s. In paragraph (p)(7), revising Equation W-27.
    t. In paragraph (p)(7)(i), revising Equation W-28.
    u. Revising paragraph (r)(2) introductory text.
    v. Revising paragraph (r)(6)(ii) introductory text.
    w. Revising paragraph (t) introductory text, (t)(1) introductory
text, and the definition of ``Es,n'' and ``Ea,n''
in Equation W-33.
    x. In paragraph (v), revising the definition of
``[rho]i'' in Equation W-36.
    y. In paragraph (z)(2)(iii), revising the definition of
``ECO2'' in Equations W-39A and W-39B.
    z. In paragraph (z)(2)(vi), revising the definition of parameter
``HHV'' in Equation W-40.
    The revisions read as follows:

Sec.  98.233  Calculating GHG emissions.

* * * * *
    (e) * * *
    (5) * * *
    [GRAPHIC] [TIFF OMITTED] TP21MY12.004

Where:

Es,n = Annual natural gas emissions at standard conditions in cubic
feet.
H = Height of the dehydrator vessel (ft).
D = Inside diameter of the vessel (ft).
P1 = Atmospheric pressure (psia).
P2 = Pressure of the gas (psia).
P = pi (3.14).
%G = Percent of packed vessel volume that is gas.
T = Time between refilling (days).
100 = Conversion of %G to fraction.
* * * * *
    (f) * * *
    (1) Calculation Methodology 1. For at least one well of each unique
well tubing diameter group and pressure group combination in each sub-
basin category (see Sec.  98.238 for the definitions of tubing diameter
group, pressure group, and sub-basin category), where gas wells are
vented to the atmosphere to expel liquids accumulated in the tubing, a
recording flow meter shall be installed on the vent line used to vent
gas from the well (e.g., on the vent line off the wellhead separator or
atmospheric storage tank) according to methods set forth in Sec.
98.234(b). Calculate emissions from well venting for liquids unloading
using Equation W-7 of this section.
[GRAPHIC] [TIFF OMITTED] TP21MY12.005

* * * * *

Tp = Cumulative amount of time in hours of venting for
each well, p, of the same tubing diameter group and pressure group
combination in a sub-basin during the year.
FR = Average flow rate in cubic feet per hour for all measured wells
venting for the duration of the liquids unloading, under actual
conditions as determined in paragraph (f)(1)(i) of this section.

    (i) Determine the well vent average flow rate as specified under
paragraph (f)(1)(i) of this section for at least one well in a unique
well tubing diameter group and pressure group combination in each sub-
basin category.
    (A) The average flow rate per hour of venting is calculated for
each unique tubing diameter group and pressure group combination in
each sub-basin category by dividing the recorded total flow by the
recorded time (in hours) for all measured liquid unloading events with
venting to the atmosphere.
* * * * *
    (2) * * *

[GRAPHIC] [TIFF OMITTED] TP21MY12.006

* * * * *

SPp = Shut-in pressure or surface pressure for wells with
tubing production and no packers or casing pressure for each well,
p, in pounds per square inch absolute (psia) or casing-to-tubing
pressure ratio of one well from the same sub-basin multiplied by the
tubing pressure of each well, p, in the sub-basin, in pounds per
square inch absolute (psia).
Vp = Number of unloading events per year per well, p.
* * * * *
HRp,q = Hours that each well, p, was left open to the
atmosphere during each unloading event, q.

* * * * *
    (3) Calculation Methodology 3. Calculate emissions from well
venting to the atmosphere for liquids unloading with plunger lift
assist using Equation W-9 of this section.
[GRAPHIC] [TIFF OMITTED] TP21MY12.007

* * * * *

W = Total number of wells with plunger lift assist and well venting
for liquids unloading for each sub-basin.
* * * * *
Vp = Number of unloading events per year for each well,
p.
* * * * *
HRp,q = Hours that each well, p, was left open to the
atmosphere during each unloading event, q.

* * * * *
    (g) * * *
    [GRAPHIC] [TIFF OMITTED] TP21MY12.008

* * * * *

FRMs = Ratio of flowback during well completions and
workovers from hydraulic fracturing to 30-day production rate from
Equation W-12.
PRs,p = First 30-day average production flow rate in
standard cubic feet per hour of each well p, under actual
conditions, converted to standard conditions, as required in
paragraph (g)(1) of this section.
EnFs,p = Volume of CO2 or N2 injected gas in
cubic feet at standard conditions that was injected into the
reservoir during an energized fracture job for each well p. If the
fracture process did not inject gas into the reservoir, then EnFp is
0. If injected gas is CO2 then EnFp is 0.
SGs,p = Volume of natural gas in cubic feet at standard
conditions that was recovered into a flow-line for well p as per
paragraph (g)(3) of this section. This parameter includes any
natural gas that is injected into the well for clean-up. If no gas
was recovered, SGp is 0.
FVs,p = Flow volume of each well (p) in standard cubic
feet measured using a recording flow meter (digital or analog) on
the vent line to measure flowback during the completion or workover
according to methods set forth in Sec.  98.234(b).

    (1) The average flow rate for flowback during well completions and
workovers from hydraulic fracturing shall be determined using
measurement(s) for calculation methodology 1 or calculation(s) for
calculation methodology 2 described in this paragraph (g)(1) of this
section. If Equation W-10A is used, the number of measurements or
calculations shall be determined per sub-basin and well type
(horizontal or vertical) as follows: At least one measurement or
calculation for less than or equal to 25 completions or workovers; at
least two measurements or calculations for 26 to 50 completions or
workovers; at least three measurements or calculations for 51 to 100
completions or workovers; at least four measurements or calculations
for 101 to 250 completions or workovers; and at least five measurements
or calculations for greater than 250 completions or workovers.
* * * * *
    (ii) * * *
    [GRAPHIC] [TIFF OMITTED] TP21MY12.009

Where:

FRa = Average flow rate in cubic feet per hour, under
actual subsonic flow conditions.
A = Cross sectional open area of the restriction orifice (m2).
* * * * *
[GRAPHIC] [TIFF OMITTED] TP21MY12.010

Where:

FRa = Average flow rate in cubic feet per hour, under
actual sonic flow conditions.
A = Cross sectional open area of the restriction orifice (m2).
* * * * *
    (iii) * * *
    [GRAPHIC] [TIFF OMITTED] TP21MY12.011

Where:

FRMs = Ratio of flowback rate during well completions and
workovers from hydraulic fracturing to 30-day production rate.
FRs,p = Measured flowback rate from Calculation
Methodology 1 described in paragraph (g)(1)(i) of this section or
calculated flow rate from Calculation Methodology 2 described in
paragraph (g)(1)(ii) of this section in standard cubic feet per hour
for well(s) p for each sub-basin and well type (horizontal or
vertical) combination. Measured and calculated FRa values shall be
converted from actual conditions (FRa) to standard conditions
(FRs,p) for each well p using Equation W-33 in paragraph (t) of this
section. You may not use flow volume as used in Equation W-10B
converted to a flow rate for this parameter.
PRs,p = First 30-day production rate in standard cubic
feet per hour for each well p that was measured in the sub-basin and
well type combination.
N = Number of measured or calculated well completions or workovers
using hydraulic fracturing in a sub-basin and well type formation.
* * * * *
    (3) * * *
    (i) Use the factor SGs,P in Equation W-10A of this section, to
adjust the emissions estimated in paragraphs (g)(1) through (g)(4) of
this section by the magnitude of emissions captured using purpose
designed equipment that separates saleable gas from the flowback as
determined by engineering estimate based on best available data.
* * * * *
    (h) * * *
* * * * *
Es,n = Annual natural gas emissions in standard cubic
feet from gas well venting during well completions and workovers
without hydraulic fracturing.
* * * * *
    (i) * * *
    (3) * * *
* * * * *
Es,n = Annual natural gas venting emissions at standard
conditions from blowdowns in cubic feet.
[GRAPHIC] [TIFF OMITTED] TP21MY12.012

* * * * *
Ta,p = Temperature at actual conditions in the unique
physical volume ([deg]F) for each blowdown ``p''.
* * * * *
    (j) * * *
    (5) Calculation Methodology 5. For well pad gas-liquid separators
and for wells flowing off a well pad without passing through a gas-
liquid separator with annual average daily throughput of oil less than
10 barrels per day use Equation W-15 of this section:
* * * * *
Count = Total number of separators or wells with annual average
daily throughput less than 10 barrels per day. Count only separators
or wells that feed oil directly to the storage tank.
1,000 = Conversion from thousand standard cubic feet to standard
cubic feet.
* * * * *
    (l) * * *
    (3) * * *
* * * * *
PR = Average annual production rate in actual cubic feet per day for
the gas well(s) being tested.
* * * * *
    (o) * * *
    (5) * * *
    [GRAPHIC] [TIFF OMITTED] TP21MY12.013

* * * * *
    (6) * * *

[GRAPHIC] [TIFF OMITTED] TP21MY12.014

* * * * *
    (7) * * *
* * * * *
EFi = Emission factor for GHGi. Use 1.2 x
107 standard cubic feet per year per compressor for
CH4 and 5.30 x 105 standard cubic feet per
year per compressor for CO2 at 60 [deg]F and 14.7 psia.
* * * * *
    (p) * * *
    (7) * * *
    [GRAPHIC] [TIFF OMITTED] TP21MY12.015

* * * * *
    (i) * * *
    [GRAPHIC] [TIFF OMITTED] TP21MY12.016

* * * * *
    (r) * * *
    (2) Onshore petroleum and natural gas production facilities shall
use the appropriate default population emission factors listed in Table
W-1A of this subpart for equipment leaks from valves, connectors, open
ended lines, pressure relief valves, pump, flanges, and other. Major
equipment and components associated with gas wells are considered gas
service components in reference to Table W-1A of this subpart and major
natural gas equipment in reference to Table W-1B of this subpart. Major
equipment and components associated with crude oil wells are considered
crude service components in reference to Table W-1A of this subpart and
major crude oil equipment in reference to Table W-1C of this subpart.
Where facilities conduct EOR operations the emissions factor listed in
Table W-1A of this subpart shall be used to estimate all streams of
gases, including recycle CO2 stream. The component count can
be determined using either of the methodologies described in this
paragraph (r)(2). The same methodology must be used for the entire
calendar year.
* * * * *
    (6) * * *
    (ii) Emissions from all above grade metering-regulating stations
(including above grade TD transfer stations) shall be calculated by
applying the emission factor calculated in Equation W-32 and the total
count of meter/regulator runs at all above grade metering-regulating
stations (inclusive of TD transfer stations) to Equation W-31. The
facility wide emission factor in Equation W-32 will be calculated by
using the total volumetric GHG emissions at standard conditions for all
equipment leak sources calculated in Equation W-30B in paragraph (q)(8)
of this section and the count of meter/regulator runs located at above
grade transmission-distribution transfer stations that were monitored
over the years that constitute one complete cycle as per (q)(8)(i) of
this section. A meter on a regulator run is considered one meter/
regulator run. Reporters that do not have above grade T-D transfer
stations shall report a count of above grade metering-regulating
stations only and do not have to comply with Sec.  98.236(c)(16)(xix).
* * * * *
    (t) Volumetric emissions. If equation parameters in Sec.  98.233
are already at standard conditions, which results in volumetric
emissions at standard conditions, then this paragraph does not apply.
Calculate volumetric emissions at standard conditions as specified in
paragraphs (t)(1) or (2) of this section, with actual pressure and
temperature determined by engineering estimates based on best available
data unless otherwise specified.
    (1) Calculate natural gas volumetric emissions at standard
conditions using actual natural gas emission temperature and pressure,
and Equation W-33 of this section for conversions of Ea,n or
conversions of FRa (whether sub-sonic or sonic).
* * * * *
Es,n = Natural gas volumetric emissions at standard
temperature and pressure (STP) conditions in cubic feet, except
Es,n equals(FRs,p)for each well p when
calculating either subsonic or sonic flowrates under 98.233(g).
Ea,n = Natural gas volumetric emissions at actual
conditions in cubic feet, except Ea,n equals
(FRa,p) for each well p when calculating either subsonic
or sonic flowrates under 98.233(g).
* * * * *
    (v) * * *
* * * * *
[rho]i = Density of GHGi. Use 0.0526 kg/ft3
for CO2 and N2O, and 0.0192 kg/ft3
for CH4 at 60 [deg]F and 14.7 psia.
* * * * *
    (z) * * *
    (2) * * *
    (iii) * * *
* * * * *
Ea,CO2 = Contribution of annual CO2 emissions
from portable or stationary fuel combustion sources in cubic feet,
under actual conditions.
* * * * *
    (vi) * * *
* * * * *
HHV = For the higher heating value for field gas or process vent
gas, use 1.235 x 10-\3\ mmBtu/scf for HHV.
* * * * *
    8. Section 98.236 is amended by:
    a. Revising paragraph (c)(5)(ii)(D).
    b. Revising paragraph (c)(9) introductory text.
    c. Revising paragraph (c)(13)(iii)(C).
    d. Revising paragraphs (c)(15)(i)(B), (c)(15)(i)(C), and
(c)(15)(ii)(A).
    e. Revising paragraph (c)(17)(v).
    The revisions read as follows:

Sec.  98.236  Data reporting requirements.

* * * * *
    (c) * * *
* * * * *

    (5) * * *
    (ii) * * *
    (D) Average internal casing diameter, in inches, for all wells,
where applicable.
* * * * *
    (9) For transmission tank emissions identified in Sec.  98.233(k)
from scrubber dump valves report the following:
* * * * *
    (13) * * *
    (iii)* * *
    (C) Report the isolation valve leakage emissions in not operating,
depressurized mode in metric tons of CO2e for each gas(refer
to Equation W-23 and Equation W-24 of Sec.  98.233).
* * * * *
    (15) * * *
    (i) * * *
    (B) For onshore natural gas processing, range of concentrations of
CH4 and CO2 (refer to Equation W-30A of Sec.
98.233).
    (C) Annual CO2 and CH4 emissions in metric
tons CO2e for each gas (refer to Equation W-30A of Sec.
98.233), by component type.
    (ii) * * *
    (A) For source categories Sec.  98.230(a)(5), (a)(6), and (a)(7),
total count for each component type in Tables W-4, W-5, and W-6 of this
subpart for which there is a population emission factor, listed by
major heading and component type.
* * * * *
    (17) * * *
    (v) For each EOR pump, report annual CO2 emissions,
expressed in metric tons CO2e for each gas.
* * * * *
    9. Table A-1A of Subpart W of part 98 is revised to read as
follows:

 Table W-1A of Subpart W--Default Whole Gas Emission Factors for Onshore
                  Petroleum and Natural Gas Production
------------------------------------------------------------------------
                                                        Emission factor
    Onshore petroleum and natural gas production          (scf/hour/
                                                          component)
------------------------------------------------------------------------
                              Eastern U.S.

      Population Emission Factors--All Components, Gas Service \1\
------------------------------------------------------------------------
Valve...............................................               0.027
Connector...........................................               0.003
Open-ended Line.....................................               0.061
Pressure Relief Valve...............................               0.040
Low Continuous Bleed Pneumatic Device Vents \2\.....                1.39
High Continuous Bleed Pneumatic Device Vents \2\....                37.3
Intermittent Bleed Pneumatic Device Vents \2\.......                13.5
Pneumatic Pumps \3\.................................                13.3
------------------------------------------------------------------------
  Population Emission Factors--All Components, Light Crude Service \4\
------------------------------------------------------------------------
Valve...............................................                0.05
Flange..............................................               0.003
Connector...........................................               0.007
Open-ended Line.....................................                0.05
Pump................................................                0.01
Other \5\...........................................                0.30
------------------------------------------------------------------------
  Population Emission Factors--All Components, Heavy Crude Service \6\
------------------------------------------------------------------------
Valve...............................................              0.0005
Flange..............................................              0.0009
Connector (other)...................................              0.0003
Open-ended Line.....................................               0.006
Other \5\...........................................               0.003
------------------------------------------------------------------------
                              Western U.S.

      Population Emission Factors--All Components, Gas Service \1\
------------------------------------------------------------------------
Valve...............................................               0.121
Connector...........................................               0.017
Open-ended Line.....................................               0.031
Pressure Relief Valve...............................               0.193
Low Continuous Bleed Pneumatic Device Vents \2\.....                1.39
High Continuous Bleed Pneumatic Device Vents \2\....                37.3
Intermittent Bleed Pneumatic Device Vents \2\.......                13.5
Pneumatic Pumps \3\.................................                13.3
------------------------------------------------------------------------
  Population Emission Factors--All Components, Light Crude Service \4\
------------------------------------------------------------------------
Valve...............................................                0.05
Flange..............................................               0.003
Connector (other)...................................               0.007
Open-ended Line.....................................                0.05
Pump................................................                0.01
Other \5\...........................................                0.30
------------------------------------------------------------------------

  Population Emission Factors--All Components, Heavy Crude Service \6\
------------------------------------------------------------------------
Valve...............................................              0.0005
Flange..............................................              0.0009
Connector (other)...................................              0.0003
Open-ended Line.....................................               0.006
Other \5\...........................................               0.003
------------------------------------------------------------------------
\1\ For multi-phase flow that includes gas, use the gas service
  emissions factors.
\2\ Emission Factor is in units of ``scf/hour/device.''
\3\ Emission Factor is in units of ``scf/hour/pump.''
\4\ Hydrocarbon liquids greater than or equal to 20 [deg]API are
  considered ``light crude.''
\5\ ``Others'' category includes instruments, loading arms, pressure
  relief valves, stuffing boxes, compressor seals, dump lever arms, and
  vents.
\6\ Hydrocarbon liquids less than 20 [deg]API are considered ``heavy
  crude.''

    10. Table W-5 to Subpart W of part 98 is amended by revising the
entry for ``Vapor Recovery Compressor'' to read as follows:

 Table W-5 of Subpart W--Default Methane Emission Factors for Liquefied
                        Natural Gas (LNG) Storage
------------------------------------------------------------------------
                                                       Emission factor
                    LNG storage                           (scf/hour/
                                                          component)
------------------------------------------------------------------------

                              * * * * * * *
Vapor Recovery Compressor \2\......................                4.17

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

Subpart TT--[Amended]

    11. Section 98.460 is amended by adding paragraph (c)(2)(xiii) to
read as follows:

Sec.  98.460  Definition of Source Category.

* * * * *
    (c) * * *
    (2) * * *
    (xiii) Other waste material that has a DOC value of 0.3 weight
percent (on a wet basis) or less. DOC value must be determined using a
60-day anaerobic biodegradation test procedure identified in
98.464(b)(4)(i)(A).
[FR Doc. 2012-12193 Filed 5-18-12; 8:45 am]
BILLING CODE 6560-50-P