[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Rules and Regulations]
[Pages 73886-73910]
[FR Doc No: 2011-29742]

Vol. 76

Tuesday,

No. 229

November 29, 2011

Part IV

Environmental Protection Agency

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40 CFR Part 98

Mandatory Reporting of Greenhouse Gases; Final Rule

Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 /
Rules and Regulations

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0147; FRL-9493-9]
RIN 2060-AQ85

Mandatory Reporting of Greenhouse Gases

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is amending specific provisions in the Mandatory
Reporting of Greenhouse Gases Rule to correct certain technical and
editorial errors that have been identified since promulgation and to
clarify certain provisions that have been the subject of questions from
reporters. These final changes include additional information to
clarify compliance obligations, correct data reporting elements so they
more closely conform to the information used to perform calculations,
and make other corrections and amendments. In addition, these final
amendments allow a limited, one-time six month extension of the 2012
reporting deadline for facilities and suppliers that contain one or
more source categories for which data collection began in 2011.

DATES: Effective Date: The final rule amendments are effective on
December 29, 2011.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2011-0147. All documents in the docket are
listed in the http://www.regulations.gov index. Although listed in the
index, some information is not publicly available, e.g., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at the EPA's Docket Center, Public Reading Room, EPA West
Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC
20004. 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 and implementation
materials, please go to the Greenhouse Gas Reporting Program Web site
http://www.epa.gov/climatechange/emissions/ghgrulemaking.html. To
submit a question, select Rule Help Center, followed by Contact Us.

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
final amendments to existing regulations. These amended regulations
affect owners or operators of certain industrial gas suppliers, direct
emitters of GHGs, and facilities that geologically sequester or
otherwise inject carbon dioxide (CO2) underground. 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
------------------------------------------------------------------------
Magnesium Production..........             331419  Primary refiners of
                                                    nonferrous metals by
                                                    electrolytic
                                                    methods.
                                           331492  Secondary magnesium
                                                    processing plants.
Petroleum and Natural Gas                  486210  Pipeline
 Systems.                                  221210   transportation of
                                                    natural gas.
                                                   Natural gas
                                                    distribution
                                                    facilities.
                                              211  Extractors of crude
                                                    petroleum and
                                                    natural gas.
                                           211112  Natural gas liquid
                                                    extraction
                                                    facilities.
Underground Coal Mines........             212113  Underground
                                                    anthracite coal
                                                    mining operations.
                                           212112  Underground
                                                    bituminous coal
                                                    mining operations.
Electronics Manufacturing.....             334111  Microcomputers
                                           334413   manufacturing
                                                    facilities.
                                                   Semiconductor,
                                                    photovoltaic (solid-
                                                    state) device
                                                    manufacturing
                                                    facilities.
                                           334419  LCD unit screens
                                                    manufacturing
                                                    facilities.
                                           334419  MEMS manufacturing
                                                    facilities.
Electrical Transmission and                221121  Electric bulk power
 Distribution Equipment Use.                        transmission and
                                                    control facilities.
Electric Equipment Manufacture              33531  Power transmission
 or Refurbishment.                                  and distribution
                                                    switchgear and
                                                    specialty
                                                    transformers
                                                    manufacturing
                                                    facilities.
Fluorinated GHG Production....             325120  Industrial gases
                                                    manufacturing
                                                    facilities.
Importers and Exporters of Pre-            423730  Air-conditioning
 charged Equipment and Closed-             333415   equipment (except
 Cell Foams.                                        room units) merchant
                                                    wholesalers.
                                                   Air conditioning
                                                    equipment (except
                                                    motor vehicle)
                                                    manufacturing.
                                           423620  Air conditioners,
                                                    room, merchant
                                                    wholesalers.
                                           443111  Household appliance
                                                    stores.
                                           326150  Polyurethane foam
                                                    products
                                                    manufacturing.
                                           335313  Circuit breakers,
                                                    power,
                                                    manufacturing.
                                           423610  Circuit breakers
                                                    merchant
                                                    wholesalers.
Industrial Wastewater                      322110  Pulp mills.
 Treatment.                                322121  Paper mills.
                                           322122  Newsprint mills
                                           322130  Paperboard mills.
                                           311611  Meat processing
                                                    facilities.
                                           311411  Frozen fruit, juice,
                                                    and vegetable
                                                    manufacturing
                                                    facilities.

                                           311421  Fruit and vegetable
                                                    canning facilities.
                                           325193  Ethanol manufacturing
                                                    facilities.
                                           324110  Petroleum refineries.
Suppliers of Industrial GHGs..             325120  Industrial gas
                                                    production
                                                    facilities.
CO2 Enhanced Oil and Gas                      211  Oil and gas
 Recovery Projects.                                 extraction projects
                                                    using CO2 enhanced
                                                    oil and gas
                                                    recovery.
Acid Gas Injection Projects...     211111, 211112  Projects that inject
                                                    acid gas containing
                                                    CO2 underground.
Geologic Sequestration of                     N/A  CO2 geologic
 Carbon Dioxide.                                    sequestration
                                                    projects.
Industrial Waste Landfills....             562212  Solid waste
                                           322110   landfills.
                                           322121  Pulp mills.
                                                   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.
------------------------------------------------------------------------

    Table 1 of this preamble is not intended to be exhaustive, but
rather lists the types of facilities or suppliers that the EPA is now
aware could potentially be affected by the reporting requirements.
Other types of facilities and suppliers than those listed in the table
could also be subject to reporting requirements. To determine whether
you are affected by this action, you should carefully examine the
applicability criteria found in 40 CFR part 98, subpart A or the
relevant criteria in the sections related to suppliers and direct
emitters of GHGs. If you have questions regarding the applicability of
this action to a particular facility or supplier, consult the person
listed in the preceding FOR FURTHER GENERAL INFORMATION CONTACT
section.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial
review of this final rule is available only by filing a petition for
review in the U.S. Court of Appeals for the District of Columbia
Circuit (the Court) by January 30, 2012. Under CAA section
307(d)(7)(B), only an objection to this final rule that was raised with
reasonable specificity during the period for public comment can be
raised during judicial review. Section 307(d)(7)(B) of the CAA also
provides a mechanism for the EPA to convene a proceeding for
reconsideration, ``[i]f the person raising an objection can demonstrate
to EPA that it was impracticable to raise such objection within [the
period for public comment] or if the grounds for such objection arose
after the period for public comment (but within the time specified for
judicial review) and if such objection is of central relevance to the
outcome of the rule.'' Any person seeking to make such a demonstration
to us should submit a Petition for Reconsideration to the Office of the
Administrator, Environmental Protection Agency, Room 3000, Ariel Rios
Building, 1200 Pennsylvania Ave. NW., Washington, DC 20460, with a copy
to the person listed in the preceding FOR FURTHER GENERAL INFORMATION
CONTACT section, and the Associate General Counsel for the Air and
Radiation Law Office, Office of General Counsel (Mail Code 2344A),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20004. Note, under CAA section 307(b)(2), the
requirements established by this final rule may not be challenged
separately in any civil or criminal proceedings brought by the EPA to
enforce these requirements.
    Acronyms and Abbreviations. The following acronyms and
abbreviations are used in this document.

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
QA/QC quality assurance/quality control
psia pounds per square inch absolute
RFA Regulatory Flexibility Act
SBREFA Small Business Regulatory Enforcement Fairness 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 will these amendments apply to 2012 reports?
II. Final Amendments and Responses to Public Comments
    A. Subpart A--General Provisions
    B. Subpart W--Petroleum and Natural Gas Systems
    C. Subpart FF--Underground Coal Mines
    D. Subpart II--Industrial Wastewater Treatment
    E. Subpart OO--Suppliers of Industrial Greenhouse Gases
    F. Subpart RR--Geologic Sequestration of Carbon Dioxide
    G. Subpart TT--Industrial Waste Landfills
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
    K. Congressional Review Act

I. Background

A. How is this preamble organized?

    The first section of this preamble contains the basic background
information about the origin of these rule amendments. 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
(GHG reporting) rule.
    The second section of this preamble describes in detail the rule
changes that are being promulgated to, among other things, correct
technical errors, provide clarification, and address implementation
issues identified by the EPA and others. This section also presents a
summary and the EPA's response to the major public comments submitted
on the proposed rule amendments, and significant changes, if any, made
since proposal in response to those comments. Responses to additional
comments received can be found in the document, ``Response to Comments:
2011 Technical Corrections, Clarifying and Other Amendments to Certain
Provisions of the Mandatory Reporting of Greenhouse Gases Rule'' (see
EPA-HQ-OAR-2011-0147).
    Finally, the last (third) section of the preamble discusses the
various statutory and executive order requirements applicable to this
rulemaking.

B. Background on This Action

    The 2009 final GHG reporting rule (2009 final 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, October 30,
2009). The 2009 final rule, which became effective on December 29,
2009, includes reporting of GHGs from various facilities and suppliers,
consistent with the 2008 Consolidated Appropriations Act.\1\ Subsequent
notices were published in 2010 promulgating the requirements for
subparts FF, II, and TT (75 FR 39736, July 12, 2010), subpart DD (75 FR
74774, December 1, 2010) and subpart RR (75 FR 75060, December 1,
2010). Subpart OO, which was promulgated as part of the 2009 final rule
was also revised in 2010 (75 FR 79092, December 17, 2010). The source
categories in 40 CFR part 98 (Part 98) cover approximately 85-90
percent of U.S. GHG emissions through reporting by direct emitters, as
well as suppliers of certain products that would result in GHG
emissions when released, used, or oxidized, and those that geologically
sequester or otherwise inject carbon dioxide (CO2)
underground.
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    \1\ Consolidated Appropriations Act, 2008, Public Law 110-161,
121 Stat. 1844, 2128.
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    The EPA published a notice proposing these amendments on August 4,
2011 (76 FR 47392). The public comment period for the proposed rule
amendments ended on September 19, 2011. The EPA did not receive any
requests to hold a public hearing.

C. Legal Authority

    The EPA is finalizing 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) 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 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 whom the
Administrator believes may have necessary information to monitor and
report emissions and provide such other information the Administrator
requests for the purposes of carrying out any provision of the CAA. For
further information about the EPA's legal authority, see the preambles
to the 2009 proposed and final rules and the EPA's Response to Comments
Documents.\2\
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    \2\ 74 FR 16448 (April 10, 2009) and 74 FR 56260 (October 30,
2009). Response to Comments Documents can be found at http://www.epa.gov/climatechange/emissions/responses.html.
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D. How will these amendments apply to 2012 reports?

    We have determined that it is feasible for the sources to implement
these technical amendments for the 2011 reporting year because the
revisions primarily provide additional clarification regarding the
existing regulatory requirements, do not change the type of information
that must be collected, and do not materially affect how GHG emissions
or quantities are calculated. Our rationale for this determination is
explained in the preamble to the proposed rule amendments.\3\ In
response to general comments submitted on the proposed rulemaking, we
have again reviewed the final amendments and determined that they can
be implemented, as finalized, for the 2011 reporting year. These
amendments do not require any additional monitoring or data collection
above what was already included in 40 CFR part 98; therefore, we have
determined that reporters can use the same information that they have
been collecting under 40 CFR part 98 for each subpart to calculate and
report GHG information for 2011 and submit reports in 2012 under the
amended subparts.
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    \3\ 76 FR 74392 (August 4, 2011).
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    Although the EPA has determined that these amendments can be
effective for the calculation of GHG emissions and quantities for the
2011 reporting year, we do note that the EPA is finalizing a limited
one-time extension of the 2012 reporting deadline to enable testing of
the electronic-GHG Reporting Tool (e-GGRT), which will reflect these
amendments. For information on these final amendments and the response
to comments on the 2012 deadline, please refer to Section II.A.2 of
this preamble.
    The EPA did not receive any specific comments expressing concern
about the implementation of the amendments for 2011 data collection.
One commenter encouraged the EPA to develop guidance documents to
clarify the changes in the final rule. In addition to the summary of
the requirements and rationale in this preamble, we are also updating
subpart-specific outreach materials on our Web site. Technical
information and implementation materials can be found on the Greenhouse
Gas Reporting Program Web site http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

II. Final Amendments and Responses to Public Comments

    We are amending various subparts in 40 CFR part 98 to correct
errors in the regulatory language that were identified following
promulgation of subparts A and OO on October 30, 2009, subparts FF, II,
and TT on July 12, 2010, and subparts DD and RR on December 1, 2010.
These errors were identified as a result of working with reporters to
implement the various subparts of 40 CFR part 98. We are also amending

certain rule provisions to provide greater clarity. The amendments to
40 CFR part 98 include the following types of changes:
     Changes to correct cross references within and between
subparts.
     Additional information to better or more fully understand
compliance obligations in a specific provision, such as the reference
to a standardized method that must be followed.
     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 calculations.
     Other amendments related to certain issues identified as a
result of working with the affected sources during rule implementation
and outreach.
    Additionally, we are promulgating a one-time, six-month extension
of the 2012 reporting deadline for facilities and suppliers that
contain any source category for which data collection began in 2011.
The final amendments promulgated by this action reflect the EPA's
consideration of the comments received on the proposal. The major
public comments and the EPA's responses for each subpart are provided
in this preamble. Our responses to additional significant public
comments on the proposal are presented in a comment response document
available in Docket ID No. EPA-HQ-OAR-2011-0147.

A. Subpart A--General Provisions

1. Summary of Final Amendments and Major Changes Since Proposal
    The EPA is promulgating several technical clarifications and
amendments to subpart A to address issues raised by reporters and
identified by the EPA during the early years of implementation of the
GHG Reporting Program (GHGRP), as well as to clarify terminology to
ensure consistency across all subparts.
    Threshold for electrical transmission and distribution equipment
use. We are amending Table A-3 in the General Provisions to clarify
applicability of the rule for Electrical Transmission and Distribution
Equipment Use (subpart DD). Specifically, we are revising the Table A-3
entry for subpart DD to reference the capacity threshold language of 40
CFR 98.301 as follows: Electrical transmission and distribution use at
facilities where the total nameplate capacity of SF6 and PFC
containing equipment exceeds 17,820 pounds, as determined under 40 CFR
98.301 (subpart DD). This revision clarifies that only those facilities
above the capacity threshold requirements of 40 CFR 98.301 must submit
an annual report.
    Threshold for underground coal mines. We are revising the threshold
for underground coal mines subject to subpart FF to include only those
that have ventilation emissions of 36,500,000 acf of CH4 or
more per year. For a full description of this change, please refer to
the relevant discussion under subpart FF of this action.
    Computation of time. The EPA is adding a provision to 40 CFR
98.3(b) to allow information, including but not limited to, the annual
GHG report and any subsequent re-submissions, the certificate of
representation, and requests to use best available monitoring methods,
to be submitted to the EPA on the next business day in the event that a
regulatory deadline falls on a weekend or a federal holiday. This
revision is consistent with a similar provision under the Acid Rain
Program (40 CFR 72.11) and provides all reasonable flexibilities for
submitting data in a timely manner without compromising program
integrity.
    2012 reporting deadline. We are promulgating a one-time, six month
extension of the 2012 reporting deadline for facilities and suppliers
that contain one or more source categories for which data collection
began in 2011 (referred to below as the ``new 2011 reporting year
source categories''), in order to allow sufficient time for
development, and more importantly stakeholder testing, of the
electronic-GHG Reporting Tool (e-GGRT). The deadline extension from
March 31, 2012 to September 28, 2012 applies to any facility that
contains one or more of the following source categories in Table A-3 or
Table A-4: Electronics Manufacturing (subpart I), Fluorinated Gas
Production (subpart L), Magnesium Production (subpart T), Petroleum and
Natural Gas Systems (subpart W), Use of Electric Transmission and
Distribution Equipment (subpart DD), Underground Coal Mines (subpart
FF), Industrial Wastewater Treatment (subpart II), Geologic
Sequestration of Carbon Dioxide (subpart RR), Manufacture of Electric
Transmission and Distribution (subpart SS), Industrial Waste Landfills
(subpart TT), and Injection of Carbon Dioxide (subpart UU). In
addition, the extension of the reporting deadline from March 31, 2012
to September 28, 2012 applies to the following source category in Table
A-5: Imports and Exports of Equipment Pre-charged with Fluorinated GHGs
or Containing Fluorinated GHGs in Closed-cell Foams (subpart QQ).
    The proposed rule would have required these facilities and
suppliers to report twice, with the reporting deadline extended to
September 28, 2012 only for reporting of GHG information from the new
2011 reporting year source categories included in Tables A-3, A-4 or A-
5 of 40 CFR part 98. All other GHG information (e.g., for General
Stationary Combustion (subpart C)) would have still been required to be
reported in March 2012. The EPA believed that these two separate
submission deadlines would be appropriate because the extension was
only necessary to allow time for stakeholder testing of e-GGRT for the
new 2011 reporting year source categories. Facilities and suppliers had
already successfully demonstrated submission of information through e-
GGRT for the source categories required to begin data collection in
2010. Therefore, we believed it was appropriate to limit the extension
to the reporting of only the new information for the 2011 reporting
year.
    Based on the comments received on the proposed rule, this final
rule extends the reporting deadline to September 28, 2012 for any
facility or supplier that contains a new 2011 reporting year source
category, and it applies to the reporting of GHG information from all
source categories at their facility. The rationale for this change
since proposal is discussed further below in Section II.A.2 of this
preamble.
    In order for the EPA to identify which facilities and suppliers are
subject to this one-time extension of the 2012 reporting deadline, we
are requiring that all reporters that submitted an annual GHG report to
the EPA for the 2010 reporting year (i.e., submitted their first annual
GHG report by September 30, 2011) notify the EPA through e-GGRT by
March 31, 2012 that they are not required to submit their second annual
GHG report until September 28, 2012. This requirement to notify the EPA
by March 31, 2012 does not apply to any facilities or suppliers that
are reporting for the first time in 2012.
    Reporting on use of Best Available Monitoring Methods (BAMM). We
are amending 40 CFR 98.3(c)(7) to remove the phrase ``according to
paragraph (d) of this section'', thereby requiring all facilities and
suppliers that use BAMM during the reporting year to provide a brief
description of each ``best available monitoring method'' used, the
parameter measured using the method, and the time period during which
the

``best available monitoring method'' was used, if applicable. Through
this amendment, we are clarifying that this basic information must be
reported for all subparts, including subparts L (Fluorinated Gas
Production) and W (Petroleum and Natural Gas Systems). This does not
impact the requirements of subpart I (Electronics Manufacturing), which
already directly included this reporting requirement in the data
reporting requirements of that subpart.
    Definitions. The EPA is revising the definition of supplier, as
proposed, in 40 CFR 98.6 so it specifically refers to those source
categories listed in Table A-5 of subpart A of part 98, and is as
described in the definition of the source category in the applicable
subparts. We are also revising 40 CFR 98.1(a)(1), as proposed, to
remove the terms ``fossil fuel'' and ``industrial greenhouse gas'' from
the designation of ``supplier.''
    Submission of reports and other information to the EPA. We are
amending 40 CFR 98.9 to clarify that the annual GHG report, the
certificate of representation, and all other requests, notifications,
or communications must be submitted electronically and in a format as
specified by the Administrator. Any information that can be submitted
through the electronic GHG reporting tool (e-GGRT) must be submitted
through that tool. For example, the EPA is in the process of modifying
e-GGRT to accept requests for use of BAMM. Once completed, facilities
would be required to use that method for submission of BAMM requests.
The EPA intends to notify facilities well in advance of these, and any
future, deadlines through the Web site (http://www.epa.gov/climatechange/emissions/ghgrulemaking.html).
    If the format for any request, notification, or communication has
not been specified by the EPA, then the information shall be submitted,
by mail, to the Director of the Climate Change Division at one of the
addresses in 40 CFR 98.9.
    Other technical corrections. We are amending 40 CFR 98.2(d) and (e)
to remove references to paragraphs 40 CFR 98.2(a)(4)(i) and (a)(4)(ii),
respectively. The correct references for both paragraphs should have
been to 40 CFR 98.2(a)(4). In those same paragraphs we are clarifying
that the applicability determination for importers must be assessed
separately from the applicability determination for exporters. In other
words, the emissions from the quantity of GHGs imported must be
calculated for comparison to the 25,000 metric tons CO2e
threshold and separately the quantity of GHGs exported must be
calculated for comparison to the 25,000 metric tons CO2e.
    We are amending 40 CFR 98.2(i)(3) to add a date by which owners and
operators must notify the EPA that they no longer need to submit an
annual GHG report because their operations have changed such that all
applicable GHG-emitting processes and operations cease to operate.
Similar to the requirements in 40 CFR 98.2(i)(1) and (i)(2), we are
requiring owners or operators to notify the EPA by March 31 of the year
following the reporting year in which such conditions have been met.
    In 40 CFR 98.3(c)(10) and in the definition of United States parent
company(s) in 40 CFR 98.6, we are replacing the term ``reporting
entity'' with the term ``facility or supplier'' for consistency across
the individual subparts of the rule and to clarify that the obligation
is on the owner or operator of any such facility or supplier.
    We are revising the introductory paragraph of 40 CFR 98.3(g) to
clarify that the 3-year requirement for retention of records starts
from the date of submission of the annual GHG report for the reporting
year in which the record was generated.
    In 40 CFR 98.3(c)(5)(ii), we are replacing the use of the term
``emissions'' with ``quantities'' when referring to the information
reported under industrial GHG suppliers. This is consistent with
efforts throughout the GHG Reporting Program to clarify that
information reported for supplier categories does not necessarily
reflect emissions to the atmosphere, but rather ``quantities'' that may
be released if all of the supply were combusted, oxidized, or released.
    We are correcting an incorrect cross reference in 40 CFR 98.4(m)(4)
from (m)(2)(iv)(A) to (m)(2)(v)(A).
    Finally, we are clarifying in Table A-5 that coverage and the
applicability determination for importers and exporters under subpart
MM includes suppliers of natural gas liquids in addition to suppliers
of petroleum products.
2. Summary of Comments and Responses
    This section contains a brief summary of major comments and
responses on the proposed amendments to the General Provisions. Several
significant comments were received on this topic. Responses to
additional comments received can be found in the document, ``Response
to Comments: 2011 Technical Corrections, Clarifying and Other
Amendments to Certain Provisions of the Mandatory Reporting of
Greenhouse Gases Rule'' (available in Docket ID No. EPA-HQ-OAR-2011-
0147).
    Comment: Several commenters supported the proposed one-time
extension of the reporting date from March 31, 2012 to September 28,
2012 for reporting of data elements under the following source
categories: Electronics Manufacturing (subpart I), Fluorinated Gas
Production (subpart L), Magnesium Production (subpart T), Petroleum and
Natural Gas Systems (subpart W), Use of Electric Transmission and
Distribution Equipment (subpart DD), Underground Coal Mines (subpart
FF), Industrial Wastewater Treatment (subpart II), Imports and Exports
of Equipment Pre-charged with Fluorinated GHGs or Containing
Fluorinated GHGs in Closed-cell Foams (subpart QQ), Geologic
Sequestration of Carbon Dioxide (subpart RR), Manufacture of Electric
Transmission and Distribution (subpart SS), Industrial Waste Landfills
(subpart TT), and Injection of Carbon Dioxide (subpart UU). Commenters
generally agreed that the extension would provide additional time for
the development and testing of the e-GGRT system for the identified
subparts. However, multiple commenters expressed concern about the
proposed requirement that only the reporting deadline of the above
listed subparts was extended and that facilities would still be
required to report GHG information from the non-listed subparts (e.g.,
subpart C--General Stationary Combustion) by March 31, 2012. For
example, some commenters stated that a facility could be required to
report emissions for subpart C equipment on March 31, 2012, but would
need to provide a second report on September 28, 2012 for equipment
under subpart W. At least one commenter questioned how data for
subparts A and C would be submitted or split between reporting
deadlines for facilities reporting under subpart W. Commenters stated
that many facilities, including oil exploration and production
companies, already compile significant amounts of data, calculations,
and information for reporting. Commenters contended that a second
reporting deadline would introduce additional complexity and confusion,
duplication of effort, and unnecessary burden to the reporting process.
    Other commenters expressed concern on the capabilities of e-GGRT to
accommodate multiple submissions. Several commenters stated that when
changing input methods between XML upload and manual data entry, the
current e-GGRT system overwrites any

existing data. At least two commenters expressed concern that the XML
upload feature may not be fully tested and available in time for the
September deadline. These commenters reiterated that data submitted in
September 2012 must not impact the data submitted in March.
    In light of these concerns, several commenters requested that,
rather than reporting under two deadlines in 2012, affected facilities
or suppliers that have to report under any of the listed subparts
(subparts I, L, T, W, DD, FF, II, QQ, RR, SS, TT, and UU) be allowed to
report GHG information from all applicable subparts by the September
28, 2012 date.
    Response: Although the EPA does not agree with all of the arguments
raised by the commenters, we are persuaded that having one reporting
deadline for facilities and suppliers in 2012 will not only reduce
burden for the reporters, but it also will provide the EPA the
opportunity for a more robust stakeholder testing process of e-GGRT,
which was the primary purpose of the proposed extension in the first
place.
    Although many commenters were concerned about the ability of e-GGRT
to handle multiple submissions, the EPA believes the process for adding
these additional subparts to an annual GHG report has been well tested
during the 2011 stakeholder testing process and through resubmissions
of 2011 annual reports. For example, facilities are able to add GHG
information for a particular subpart into e-GGRT and sign, certify, and
submit the annual GHG report. Subsequent to the submission, the
facility is able to go back into e-GGRT, add GHG information for a new
subpart, and then again sign, certify, and resubmit the annual GHG
report.
    Commenters were also concerned that data could be lost if they were
to submit information in webforms in March and then XML in September
(or vice versa). While it is true that annual GHG reports must be
submitted using either webforms or XML, and not both, this issue is not
unique to the extension of the proposed reporting deadline. These were
the same procedures as for the 2010 reporting year, and facilities and
suppliers were able to successfully complete their submissions in 2011.
    Although we are confident that e-GGRT can handle the multiple
deadlines, we are persuaded that two reporting deadlines could be
inefficient for some facilities, depending on the volume and types of
data collected during 2011, and the format in which information used
for emissions calculations has been retained. This could be
particularly true for the large number of facilities reporting for the
first time under subpart W (Petroleum and Natural Gas Systems).
    In addition to the potential inefficiencies experienced by the
reporters, the EPA recognizes after reviewing the comments that the
split deadline could impact the ability to comprehensively test e-GGRT,
which was the whole point of proposing the reporting deadline extension
for these source categories in the first place. The stakeholder testing
process during 2011 was extremely valuable in providing input that
enabled the EPA to refine e-GGRT into a user-friendly tool that
accurately reflects annual GHG information. It also provided reporters
an opportunity to become familiar with the tool, facilitating the
reporting process, and improving the quality of data submitted to the
EPA. Allowing facilities and suppliers the opportunity to fully test e-
GGRT, including the inter-relationship between the new subparts for
which data collection began in 2011 (e.g., subparts I and W) and
reporting under subpart C, for example, could identify new issues that
should be resolved before the reporting deadline.
    For these reasons, we agree with the commenters' overall comments
and are finalizing an extension of the reporting deadline to September
28, 2012 for any facility or supplier that will also include in their
annual GHG report for 2012 a source category for which data collection
began in 2011.
    In practice, for example, the one-time extension of the 2012
reporting deadline means that a petroleum refinery that has an
industrial landfill onsite will not submit their annual GHG report for
2012 until September 28, 2012. A petroleum refinery that does not
contain any of these new subparts is still required to report by March
31, 2012. In order to facilitate EPA verification of the data, and to
know which facilities were required to report in March and which
facilities do not report until September, the EPA is finalizing a
requirement that all facilities or suppliers that submitted their first
annual GHG report by September 30, 2011, but are not required to submit
their second annual GHG report until September 28, 2012, must log in to
e-GGRT by March 31, 2012 and submit a notification through e-GGRT that
their facility or supplier is not required to report until September
for the 2011 reporting year.
    Comment: Two commenters requested a delay in the start of data
collection for these new subparts from January 1, 2011 to January 1,
2012, thereby extending the reporting deadline by one year to March 31,
2013. The commenters contended that a six-month extension does not
provide adequate time for complex facilities or small businesses to
comply with the reporting requirements.
    Response: The EPA did not propose to extend the applicability of 40
CFR part 98 in the proposed rule, nor does the EPA find such an
extension needed, therefore the EPA disagrees with the comment to
postpone the beginning of data collection from January 1, 2011 to
January 1, 2012, and subsequently extend the reporting deadline by one
year to March 31, 2013. Facilities with source categories for which
data collection began in 2011 had the opportunity to request use of
Best Available Monitoring Methods (BAMM) during part or all of 2011, if
they could demonstrate that it would not be reasonably feasible to
acquire, install, and operate a required piece of monitoring equipment
by January 1, 2011. Requests to use BAMM could be used as a bridge to
provide the facility sufficient time to come into full compliance with
the rule.
    Further, since finalization of the rule requirements for these
subparts, the EPA has conducted significant stakeholder outreach to
convey rule requirements and address questions from industry about the
implementation of those requirements. In addition to the Frequently
Asked Questions that are posted on our Web site, the technical
corrections, clarifications, and other amendments finalized in this
rulemaking are in response to those specific questions. Therefore, we
disagree with the commenter and have not extended the reporting
deadline to March 31, 2013 for these source categories.
    Comment: At least one commenter stated that the proposed changes to
40 CFR 98.9 create confusion for subparts LL and MM. The commenter
stated that facilities subject to subparts LL and MM must submit
reports using the DCFuels program in place of e-GGRT. Additionally, the
DCFuels program allows for mailing of documents. The commenter
requested that the use of DCFuels be reflected in 40 CFR 98.9.
    Response: The EPA agrees with the commenter that the proposed
amendments seemed to apply only to those facilities and suppliers that
reported their emissions through e-GGRT. The purpose of these proposed
amendments was to be clear that all submissions, notifications and
communications must be submitted in a format as specified by the
Administrator. It is only where the EPA has not specified a format for
a specific submission either required by the EPA or, more likely,
initiated by the reporter, that the reporter must submit the

information to the mailing address in 40 CFR 98.9. The EPA clarified
the rule accordingly. We decided not to mention the specific reporting
tools in the regulatory text itself for the straightforward reason that
names could change over time. It was not necessary to include specific
names of the reporting tools/options, when the real clarification we
were making in the proposal was to clarify what type of information
must be sent to the mailing address.
    Comment: At least one commenter stated that the proposed
clarification to 40 CFR 98.3(g) for retention of records, which states
that records must be retained for least 3 years from the date of
submission of the annual GHG report, would create multiple record
retention periods for companies with multiple reporting facilities
where reporting submittals are staggered. The commenter stated that
these multiple retention periods could complicate internal reviews and
audits. The commenter requested a consistent starting date for all
applicable monitoring, recordkeeping, and reporting records.
    Response: The amendments to 40 CFR 98.3(g) are intended to reduce
multiple retention periods and are consistent with the Acid Rain
Program, which reflects the common practice to retain all of the
records for a single reporting year in a readily retrievable format,
regardless if the record was generated on January 1st or December 31st
of that reporting year. Companies with multiple reporting facilities
that may stagger submission of annual data prior to the reporting date
are encouraged to coordinate with the individual reporting facilities
to submit data on the same day if they do not want to track different
dates for different facilities. Further, we determined that a single
date against which the three-year clock is initiated is not appropriate
because some facilities may identify, or be notified by the EPA of,
substantive errors in reporting. In the event of a resubmission of an
annual GHG report, the three-year recordkeeping retention time would
start from the date of the resubmission. This is necessary to ensure
that records are maintained for a sufficient period of time so that a
history of compliance can be demonstrated and questions about submitted
emissions estimates can be resolved, if needed.

B. Subpart W--Petroleum and Natural Gas Systems

    At this time, the EPA is not finalizing the proposed technical
corrections, clarifying, and other amendments for the petroleum and
natural gas sector under 40 CFR part 98, subpart W. On September 9,
2011, the EPA issued proposed revisions to 40 CFR part 98, subpart W
(76 FR 56010). The proposed revisions, identified as a result of
working with trade associations and reporters in implementing the rule,
would provide further clarification on existing requirements, increase
flexibility for certain calculation methods, amend data reporting
requirements, clarify terms and definitions, and correct technical and
editorial errors.
    In order to allow for additional analysis and consideration of
comments on the September 9, 2011 proposal that might affect the
technical corrections to subpart W proposed on August 4, 2011, the EPA
has decided not to finalize these amendments at this time. The EPA is
considering the comments submitted for the technical corrections,
clarifying, and other amendments regarding subpart W proposed on August
4, 2011, and we will address those comments as we address the comments
on the revisions to 40 CFR part 98, subpart W proposed on September 9,
2011 (76 FR 56010).

C. Subpart FF--Underground Coal Mines

1. Summary of Final Amendments and Major Changes Since Proposal
    We are promulgating several technical clarifications and amendments
to subpart FF to address questions raised during the first year of
promulgation of the rule, as well as clarifications to specified
provisions in the rule.
    Final changes to subpart A (related to subpart FF). We revised the
threshold for underground coal mines to include only those that have
ventilation emissions of 36,500,000 acf of CH4 or more per
year. The previous threshold would have required reporting from all
underground coal mines that are subject to quarterly or more frequent
sampling by MSHA of ventilation systems, regardless of size. The
finalized threshold of ventilation emissions of 36,500,000 acf of
CH4 or more per year (equivalent to an average of 100,000
acf of CH4 or more per day) is more easily identifiable for
the coal industry, is consistent with our original intent in terms of
coverage, and removes reporting requirements for approximately 500
mines.
    Equations FF-1 and FF-3. We are finalizing the amendments, as
proposed, to provide clarification for terms in Equations FF-1 and FF-
3. In particular, we are clarifying that the variables ``V,'' ``MCF,''
``C,'' ``T,'' and ``P'' are not ``daily'' but ``quarterly'' rates. We
are also changing the units of ``V'' to cfm instead of scfm and
revising the units for ``C'' to read ``%'' to allow for the use of
``C'' on a dry basis.
    Sampling for pressure. We have finalized the change allowing
facilities to use the annual average barometric pressure from the
nearest NOAA weather service station as a default to measuring
ventilation system pressure.
    Sampling for moisture content. We have specified, as proposed, that
moisture content is measured at the location of the flow meter at least
weekly if using CEMS, and at the location and time of the grab sample,
if using grab samples.
    MSHA data. We have clarified the reporting requirements for
temperature, pressure, and moisture content measurements when using
MSHA data. We have clarified, as proposed, that moisture content need
only be determined when the concentration and flow measurements are
made on a different basis (one wet and one dry) and that, if needed,
the moisture content must be measured. We have also clarified that
temperature must be sampled at the same location and within 7 days of
the MSHA samples, and that for pressure, facilities must use either a
measured value or the average annual barometric pressure from the
nearest NOAA weather service station. We have simplified use of the
MSHA data in Equation FF-1 by specifying that the MSHA methane flow
data is inserted into Equation FF-1 in place of the value for V and the
variables MCF, C/100%, and 1440 are removed from the equation. This
clarification eliminates the need to measure moisture when using MSHA
methane flow data.
    Monitoring equipment. We have included, as proposed, the use of
infrared and flame ionization analyzers with the provision that they be
calibrated annually using measurements made by gas chromatography
methods.
    Also, as proposed, we have clarified several references for
consistency with the types of monitoring equipment required. We
replaced references to ``fuel flow meters'' with ``flow meters,''
because the gas that is measured may or may not be used as a fuel. We
have also deleted references to ``heating value monitors,'' and ``sour
gas flow meters'' because these monitors and meters are not required.
    One change was made in response to public comment. We have changed
the requirements for temperature measurements when using MSHA data for
ventilation systems. See summary of comments and responses in Section
II.C.2 of this preamble.

2. Summary of Comments and Responses
    This section contains a brief summary of major comments and
responses. Two comments were received on this topic. Responses to
additional significant comments received can be found in the document,
``Response to Comments: 2011 Technical Corrections, Clarifying and
Other Amendments to Certain Provisions of the Mandatory Reporting of
Greenhouse Gases Rule'' (see EPA-HQ-OAR-2011-0147).
    Comment: One commenter expressed support for the proposed threshold
revision. The commenter expressed concern that the EPA's reporting
threshold finalized in 2010 (see 75 FR 39736, July 12, 2010) requiring
all underground coal mines, regardless of size, that are subject to
quarterly or more frequent sampling by the Mining Safety and Health
Administration (``MSHA'') of ventilation systems to report GHG
emissions would have resulted in a tremendous amount of paperwork and
financial burden on these regulated entities. Moreover, the commenter
asserted that the threshold would have done little to further the
agency's environmental policy objectives.
    Response: The EPA agrees with the comment and has finalized the
threshold revision, as proposed. For the EPA's rationale for the
clarification in the threshold, see the preamble for the proposed rule
(76 FR 47400, September 9, 2011).
    Comment: Two commenters disagreed with the proposed requirement
that facilities collect temperature data at the same time and location
as the MSHA samples of volume and concentration of methane. They stated
that the EPA should also allow mines to establish temperature data
either through readings at a central location in the mine, or
potentially through an average annual temperature from the same NOAA
weather station. They argued that such a revision would reduce an
unnecessary reporting burden.
    Response: We agree with the commenters that the temperature reading
does not need to take place at the same time as the measurements for
volume and concentration of methane. Ventilation air temperatures at a
given location do not change very suddenly, and the temperature could
be taken at another time. We disagree with the comment that the EPA
should allow temperature to be taken at a centralized location at the
mine or at a weather station. The temperature of the ventilation air
exiting the mine will not be the same as a local weather station
temperature. The ventilation air temperature is dominated by ground
temperatures, which do not vary hourly like the weather station
temperature. Ventilation air temperature will often vary by mine shaft,
as some shafts are deeper than others and some drain more area than
others. Due to this variability, the final rule requires temperature to
be taken at the same location as the MSHA measurements, as proposed.
However, the final rule does not require that the temperature readings
be taken at the same time as the MSHA samples, but rather allows these
temperature readings to be taken within 7 days of the MSHA measurements
for volume and concentration of methane.

D. Subpart II--Industrial Wastewater Treatment

1. Summary of Final Amendments and Major Changes Since Proposal
    We are promulgating clarifying amendments and technical corrections
to subpart II to address questions the EPA has received about the
rule's requirements, as well as to clarify terminology.
    GHGs to report. We are amending 40 CFR 98.352(d) to replace the
term ``landfill gas'' with ``biogas'' to correct an administrative
error.
    Calculating GHG emissions. We are amending the definitions of the
terms for ``Tm'' and ``Pm'' in Equation II-4 to
refer to ``average temperature'' and ``average pressure'' to clarify
how reporters should use the multiple temperature and pressure
measurements that they may make during a measurement period. We are
also amending these definitions to clarify how the calculation should
be adjusted if the flow rate meter automatically corrects for
temperature and pressure.
    We are amending 40 CFR 98.353(c)(2)(ii), 98.353(c)(2)(iii)(A) and
(B), and 40 CFR 98.354(c) and (d) to replace ``once each calendar week,
with at least three days between measurements'' with ``at least once
each calendar week; if only one measurement is made each calendar week,
there must be at least three days between measurements,'' to clarify
what is meant by weekly sampling.
    We are amending Equation II-6 of 40 CFR 98.353 to correct an error
in the placement of brackets and parentheses. This amendment eliminates
the possibility that the equation will return incorrect quantities of
methane emissions.
    We are amending 40 CFR 98.353(c) to reorder the text to clarify
that continuous gas flow monitoring is required for each anaerobic
sludge digester, anaerobic reactor, or anaerobic lagoon from which some
biogas is recovered; and to clarify that the continuous gas flow
measurements must be used to determine cumulative gas production each
week. We are also amending 40 CFR 98.353(c)(1) to replace the term
``content'' with the term ``quantity'' to clarify that fully integrated
systems report CH4 quantity which accounts for both
CH4 concentration and biogas flow.
    Monitoring and QA/QC requirements. We are amending 40 CFR 98.354(f)
by dividing it into subparagraphs and by deleting an incorrect cross
reference, to clarify the monitoring requirements for anaerobic sludge
digester, anaerobic reactor, or anaerobic lagoon from which some biogas
is recovered.
    Data reporting requirements. We are amending 40 CFR 98.356(a) by
replacing the term ''explain'' with ``indicate'' to provide guidance to
reporters about the information they should include in the description
or diagram of their wastewater treatment system. We are also replacing
the term ``all anaerobic lagoons'' with ``each anaerobic lagoon'' to
clarify that reporters should provide the average depth of each lagoon,
not the average of all lagoons.
    We are amending 40 CFR 98.356 (b)(3) and (4) to clarify that the
values for ``B0'' and ``MCF'' that are used as inputs to
Equation II-1 or II-2, are to be taken from Table II-1. We are also
amending 40 CFR 98.356(d)(2) by replacing the text ``Cumulative
volumetric biogas flow for each week'' with ``Total weekly volumetric
biogas flow for each week (up to 52 weeks/year)'' to clarify that
reporters should provide the total gas recovered for the week, for up
to 52 weeks per year.
    We are amending subpart II, Industrial Wastewater Treatment (40 CFR
98.350 through 40 CFR 98.358), in multiple places, replacing the term
``anaerobic digester'' with ``anaerobic sludge digester'' to clarify
that the text refers to the anaerobic process defined in 40 CFR
98.350(b)(2); and to replace the term ``gas'' with ``biogas'' to
clarify the gas referred to is the biogas defined in 40 CFR 98.358.
2. Summary of Comments and Responses
    The EPA did not receive any comments on the proposed amendments to
subpart II and is finalizing the amendments to this subpart as
proposed.

E. Subpart OO--Suppliers of Industrial Greenhouse Gases

1. Summary of Final Amendments and Major Changes Since Proposal
    As proposed, we are amending subpart OO to require that the data
currently reported under 40 CFR 98.416(a)(8) and (9) be kept as a
record rather than reported. We are making a corresponding revision to
40 CFR 98.416(a)(10).
    With these changes, fluorinated GHG and nitrous oxide production
facilities will be required to keep dated records of the total mass in
metric tons of each reactant fed into the F-GHG or nitrous oxide
production process, by process, and the total mass in metric tons of
the reactants, by-products, and other wastes permanently removed from
the F-GHG or nitrous oxide production process, by process. They will
not be required to report these quantities. Under the revised 40 CFR
98.416(a)(10), they will be required to report the mass in metric tons
of any fluorinated GHG or nitrous oxide fed into the transformation
process, by process.
2. Summary of Comments and Responses
    Comment: The EPA received three comments from two commenters on the
proposed changes to the subpart OO reporting and recordkeeping
requirements. Both commenters agreed with the changes, and one
commenter agreed with the EPA's rationale. The other commenter stated
that the change would make the data available to EPA inspectors if
needed, but would protect the data from public disclosure that would
compromise reporters' global competitiveness. This commenter requested
that the EPA issue a direct final rule to make the changes effective
before the September 30, 2011 reporting deadline for 2010 data.
    Response: We did not issue a direct final rule to make these
changes effective before the September 30, 2011 reporting deadline for
2010 data because we concluded that a direct final action was not
appropriate in this case. The data submitted for 2010 under 40 CFR
98.416(a)(8) and (9) has been classified as confidential business
information (76 FR 30782, May 26, 2011) and will be afforded protection
as CBI. As discussed in the proposed rule, the proposed changes were
based on our conclusion that the data elements in 40 CFR 98.416(a)(8)
and (9), by themselves, have somewhat limited usefulness for verifying
production levels.

F. Subpart RR--Geologic Sequestration of Carbon Dioxide

1. Summary of Final Amendments and Major Changes Since Proposal
    We are promulgating clarifying amendments and technical corrections
to subpart RR to correct known errors.
    Accounting for CO2 entrained in produced water. We are amending 40
CFR 98.443(d) to ensure that CO2 entrained in produced water
that is not processed through a gas-liquid separator is accounted for
in the mass balance equation. Specifically, we are adding a new
sentence to 40 CFR 98.443(d) to account for any CO2 in
fluids that are produced and not processed through a separator. We are
also adding a new sentence to 40 CFR 98.443(d)(3) to clarify that the
reporter must include additional information regarding the measurement
methods used to determine the concentration of CO2 in
fluids, and a discussion of how the amount of produced CO2
would be determined, in the monitoring, reporting, and verification
(MRV) plan. In the MRV plan, the reporter should describe the
disposition of the produced water (reinjected into another zone,
reused, or otherwise disposed) and provide justification for
determining whether the CO2 entrained in the water is
sequestered. The MRV plan should also describe considerations the
reporter intends to use to calculate CO2 from produced water
for the mass balance equation.
    CO2 Emissions from Equipment Leaks and Vented Emissions
of CO2. We are amending the term ``CO2 equipment
leakage and vented CO2 emissions'' throughout subpart RR so
that it reads ``CO2 emissions from equipment leaks and
vented emissions of CO2.'' This change is to ensure
consistency with the terminology that is used in 40 CFR part 98,
subpart W and to more accurately describe the equipment between flow
meters and wellheads for which monitoring requirements are specified in
subpart RR. Specifically, we are amending the following text:
     At 40 CFR 98.442(e) and 98.442(f), revising the term
``Mass of CO2 equipment leakage and vented CO2
emissions'' to read ``Mass of CO2 emissions from equipment
leaks and vented emissions of CO2.''
     In Equations RR-11 and RR-12 at 40 CFR 98.443, revising
the term ``Total annual CO2 mass emitted (metric tons) as
equipment leakage or vented emissions'' to read ``Total annual
CO2 mass emitted (metric tons) from equipment leaks and
vented emissions of CO2.''
     At 40 CFR 98.444(d), revising the heading ``CO2
equipment leakage and vented CO2 emissions'' to read
``CO2 emissions from equipment leaks and vented emissions of
CO2.''
     At 40 CFR 98.445(e), revising the term ``CO2
equipment leakage or vented CO2 emissions to read
``CO2 emissions from equipment leaks and vented emissions of
CO2.''
     At the introductory text of 40 CFR 98.446(f)(3), revising
the term ``CO2 equipment leakage and vented CO2
emissions'' to read ``CO2 emissions from equipment leaks and
vented emissions of CO2.''
     At 40 CFR 98.446(f)(3)(i) and 98.446(f)(3)(ii), revising
the term ``mass of CO2 emitted (in metric tons) annually as
equipment leakage or vented emissions'' to read ``mass of
CO2 emitted (in metric tons) annually from equipment leaks
and vented emissions of CO2.''
     At 40 CFR 98.447(a)(5) and 98.447(a)(6), revising the term
``CO2 emitted as equipment leakage or vented emissions'' to
read ``CO2 emitted from equipment leaks and vented emissions
of CO2.''
     At 40 CFR 98.448(a)(5), revising the term ``considerations
for calculating equipment leakage and vented emissions'' to read
``considerations for calculating CO2 emissions from
equipment leaks and vented emissions of CO2.''
    Other technical corrections. We are amending an incorrect cross
reference in the introductory language of 40 CFR 98.446(a)(2) and 40
CFR 98.446(a)(3). We are also amending an incorrect cross reference at
40 CFR 98.446(f)(1)(vii). We are also amending the heading of 40 CFR
98.448(e) to correct an administrative error.
    We are amending the data reporting element at 40 CFR 98.446(e) and
the introductory text at 40 CFR 98.446(f) to provide clarity on when
reporters report total amount sequestered. The amended data reporting
element at 40 98.446(e) reads as follows: ``Report the date that you
began collecting data for calculating total amount sequestered
according to 40 CFR 98.448(a)(7) of this subpart''. The amended
introductory text at 40 CFR 98.446(f) reads as follows: ``Report the
following. If the date specified in paragraph (e) of this section is
during the reporting year for this annual report, report the following
starting on the date specified in paragraph (e) of this section.'' We
are amending the definition of ``CO2 received'' at 40 CFR
98.449 to correct a typographical error by adding the word ``means''
after the CO2 received defined term. The amended definition
reads as follows:

``CO2 received means the CO2 stream that you
receive to be injected for the first time into a well on your facility
that is covered by this subpart. CO2 received includes, but
is not limited to, a CO2 stream from a production process
unit inside your facility and a CO2 stream that was injected
into a well on another facility, removed from a discontinued enhanced
oil or natural gas or other production well, and transferred to your
facility.''
2. Summary of Comments and Responses
    The EPA did not receive any comments on the proposed amendments to
subpart RR and is finalizing the amendments to this subpart as
proposed.

G. Subpart TT--Industrial Waste Landfills

1. Summary of Final Amendments and Major Changes Since Proposal
    We are promulgating clarifying amendments and technical corrections
to subpart TT to address questions the EPA has received about the
rule's requirements and to correct known errors.
    Determining waste-specific DOC values for closed Landfills. As
proposed, we are finalizing amendments to 40 CFR 98.464 by adding a new
paragraph (c) to provide methodologies for closed landfills or active
landfills that have stopped accepting certain types of wastes to
determine the volatile solids concentration (for exemption purposes
under 40 CFR 98.460(c)(2)(xii)) or to determine the waste-specific DOC
values for historically disposed waste streams. These new methods allow
landfills to identify waste streams similar to those that had been
historically placed in the landfill, measure the volatile solids
concentration of these ``similar'' waste streams, and use those
measured values to assess the applicability of the exemption under
paragraph 98.460(c)(2)(xii)) or to determine the average DOC value for
the historical waste streams. The proposed provisions also allow use of
process knowledge to determine the volatile solids concentration and,
if needed, to calculate the corresponding DOC value if a similar waste
stream cannot be identified.
    Equations for determining volatile solids and DOC values. As
proposed, we are deleting Equation TT-7 and amending Equation TT-8 to
40 CFR 98.464 to correct inadvertent errors in these equations and we
are revising the variable ``F'' in Equation TT-1 and providing a new
Equation TT-9 in a new paragraph (g) in 40 CFR 98.464 to correct the
measured CH4 concentration for zero percent oxygen.
    Provisions for actively aerated landfills and other amendments to
conform with amendments to subpart HH. As proposed, we are amending the
definition of the methane correction factor (MCF) to allow landfills
with active aeration units to use an MCF value other than the default
value of 1 and we are adding 40 CFR 98.466(d)(4) to require reporting
of the MCF value and the basis for using an MCF value other than the
default value of 1.
    As proposed, we are finalizing amendments to define the term
``construction and demolition waste landfills'' as defined in subpart
HH and to use that term rather than ``dedicated construction and
demolition waste landfills.''
    We are also finalizing amendments to revise the footnote to Table
TT-1 to subpart TT of part 98 to clarify that leachate recirculation
rates can be determined from company records or engineering estimates
and that the owner or operator of a landfill that uses leachate
recirculation may elect to use the k value for the wet climate rather
than calculating the leachate recirculation rate.
    Other technical corrections. We are finalizing a number of other
technical corrections for subpart TT, as proposed, to correct
typographical errors, to correct equations, and to provide minor
clarifications. These corrections are summarized below:
     In 40 CFR 98.460(c)(2)(i), replacing ``Coal combustion
residue (e.g., fly ash)'' with ``Coal combustion or incinerator ash
(e.g., fly ash).''
     In 40 CFR 98.463(a)(1):

--Revising the definition of GCH4 to delete the word
``rate.''
--Revising the definition of DOCx from ``degradable organic
carbon for year X * * *'' to be ``degradable organic carbon for waste
disposed in year X * * *''

     In 40 CFR 98.463(a)(2):

--Revising ``January 1, 1980'' to be ``January 1, 1960'' in both
places.
--Replacing the term ``first emissions monitoring year'' with ``first
emissions reporting year.''

     In 40 CFR 98.463(a)(2)(ii)(C), deleting the phrase ``fixed
average annual bulk waste disposal quantity for each year for which
historic disposal quantity and'' in the paragraph text and adding to
the definition of Wx ``This annual bulk waste disposal
quantity applies for all years from ``YrOpen'' to ``YrData''
inclusive.''
     Revising the definition of LFC to allow closed landfills
that have some measurement data to appropriately calculate
Wx only for years for which the closed landfill does not
have waste disposal data available from company records or from
Equation TT-3.
     Revising the definition of YrData in Equation TT-4a to
allow closed landfills that have some measurement data to appropriately
calculate Wx.
     Adding Equation TT-4b for use in calculating Wx
when historical waste quantity data are sporadic.
     In 40 CFR 98.464(b), replacing ``For each waste stream for
which you choose to determine * * *'' with ``For each waste stream
placed in the landfill during the reporting year for which you choose
to determine * * *''
     In 40 CFR 98.464(b)(1), replacing ``Develop and follow a
sampling plan to collect a representative sample of each waste stream
for which testing is elected'' with ``Develop and follow a sampling
plan to collect a representative sample (in terms of composition and
moisture content) of each waste stream placed in the landfill for which
testing is elected.''
     In 40 CFR 98.464(b)(4), adding the option to use an
alternative test procedure published by a consensus-based standards
organization to determine an appropriate DOC value using a 60-day
anaerobic biodegradation test. We also made conforming edits for
reporting and recordkeeping requirements.
     In 40 CFR 98.466(b), replacing ``Report the following
waste characterization information:'' with ``Report the following waste
characterization and modeling information:''.
     Moving paragraphs 40 CFR 98.466(d)(3) and (4) to
98.466(b)(3) and (4).
     In 40 CFR 98.466(b)(2), adding ``* * * for which Equation
TT-1 of this subpart is used to calculate modeled CH4
generation.''
     In 40 CFR 98.466(c)(3)(ii), replacing ``The year, the
waste disposal quantity and production quantity for each year Equation
TT-2 applies'' with ``The year, the waste disposal quantity and
production quantity for each year used in Equation TT-2 of this subpart
to calculate the average waste disposal factor (WDF).''
     In 40 CFR 98.466(d), adding the phase ``and each year
thereafter up'' so that the paragraph reads ``For each year of
landfilling starting with the ``Start Year'' (S) and each year
thereafter up to the current reporting year, report the following
information:''.

     Adding a new paragraph 40 CFR 98.466(d)(1) to read ``The
calendar year for which following data elements apply'' and renumbering
existing paragraphs 98.466(d)(1) and (2) to (d)(2) and (3) and adding
the phrase ``for the specified year'' to ensure the data elements are
reported with specified year in the new paragraph 98.466(d)(1).
     In 40 CFR 98.468, adding a definition of ``design
capacity'' to further clarify what is meant by this term as it is used
in 40 CFR 98.460.
     In 40 CFR 98.466(f), deleting the word ``rate'' to conform
with revised definition of term and replace it with
``(GCH4)''.
     In 40 CFR 98.466(f), adding ``(MG)'' after ``methane
generation'' and replacing ``Equation TT-5'' with ``Equation TT-6''.
     In Table TT-1, amending the default value of construction
and demolition waste from 0.04 to 0.08.
     In Table TT-1, revising the description of the waste type
``Inert Waste'' to read ``Inert Waste [i.e., wastes listed in 40 CFR
98.460(c)(2)]''.
    Major changes since proposal. Major changes since proposal are
identified in the following list. The rationale for these and any other
significant changes can be found in this preamble or the document,
``Response to Comments: 2011 Technical Corrections, Clarifying and
Other Amendments to Certain Provisions of the Mandatory Reporting of
Greenhouse Gases Rule'' (see EPA-HQ-OAR-2011-0147).
     Revising the definition YrData to allow closed landfills
that have some measurement data to appropriately calculate
Wx.
     Adding Equation TT-4b for use in calculating Wx
when historical waste quantity data are sporadic.
     In 40 CFR 98.464(b)(4), adding the option to use an
alternative test procedure published by a consensus-based standards
organization to determine an appropriate DOC value using a 60-day
anaerobic biodegradation test. We also made conforming edits to the
reporting and recordkeeping requirements.
     In 40 CFR 98.468, adding a definition (revised from the
proposed definition) of ``design capacity'' to further clarify what is
meant by this term as it is used in 40 CFR 98.460.
2. Summary of Comments and Responses
    This section contains a brief summary of major comments and
responses. Several comments were received on subpart TT. Responses to
additional significant comments received can be found in the document,
``Response to Comments: 2011 Technical Corrections, Clarifying and
Other Amendments to Certain Provisions of the Mandatory Reporting of
Greenhouse Gases Rule'' (see EPA-HQ-OAR-2011-0147).
    Comment: We received several comments that the parenthetical phrase
``as received at the landfill'' to 40 CFR 98.464(b)(1) does more than
clarify that closed landfills are not to be sampled, it also appears to
prevent foundries from testing individual waste streams that are
commingled prior to receipt at the landfill.
    Response: It was not our intent to prevent the testing of
individual waste streams. In fact, the definition of waste stream
clearly indicates that, for facilities with an on-site landfill, a
waste stream is ``the industrial solid waste material generated by a
specific processing unit at the landfill.'' We agree that the term ``as
received'' can be misinterpreted. Therefore, we are using the term
``placed in the landfill'' rather than ``as received at the landfill''
and adding ``(in terms of composition and moisture content)'' after
``representative sample'' to clarify that the sampling must be done for
the waste stream as it is initially disposed of, which excludes
sampling of waste in-place at a closed landfill. Together with the
definition of waste stream in 40 CFR 98.468, these amendments clearly
apply to the sampling and evaluation of individual waste streams.
    Comment: One commenter noted that the revised definition of the
term YrData in Equation TT-4 does not adequately allow the calculation
of waste quantities when measurement data are available for some
historical years but when there are data gaps before and after these
years.
    Response: When we developed Equation TT-4, we envisioned that
facilities would generally have data for the most recent historical
years and would only be estimating waste quantities for the years prior
to when data were available. Equation TT-4 is not well suited to
address the situation where waste quantity data are available from
company records or Equation TT-3 for sporadic, non-consecutive years.
To address this issue, we have re-named Equation TT-4 to be Equation
TT-4a, and limited the use of Equation TT-4a to those instances where
data are available consecutively for the most recent disposal years.
When data are available for sporadic years, we have added a separate
equation (Equation TT-4b) that can be used to estimate the missing
annual waste quantities.
    Comment: One commenter stated that the proposed revisions to the
equations and terms related to determining volatile solids
concentration and waste stream-specific DOC values can still yield
incorrect DOC values because some substances, such as plastics or
activated carbon, would have high volatile solids concentration but
should not have significant degradable organic carbon content. The
commenter suggested that alternative anaerobic biodegradation tests
available from consensus-based standards organizations be allowed as an
alternative to the volatile solids-based estimation method, noting
these types of tests were used as the basis of FDOC value
used in Equation TT-8. The commenter presented results of a 90-day
anaerobic biodegradation test to support their claim that coke
contained in an inorganic waste sample would not anaerobically degrade.
Alternatively, the commenter recommended specifically listing titanium
oxide waste in 40 CFR 98.460(c)(2).
    Response: We reviewed available methods for evaluating the
anaerobic biodegradability of waste materials. While we expect that
these methods are likely to be more accurate in situations like those
identified by the commenter, a short-duration test may not fully
determine the amount of carbon that could be degraded over decades
within a landfill. Based on our review of various anaerobic
biodegradation rate tests, we have provided for the use of anaerobic
biodegradation tests following methods developed by consensus-based
standards organizations. We have specified certain test requirements
(minimum of 60 days; four test samples) and quality assurance
objectives for determining DOC values based on these anaerobic
biodegradation tests.
    Comment: We received several comments regarding the proposed
definition of ``design capacity''. Some commenters suggested that,
based on the definition, unpermitted landfills or landfills that do not
have a permitted capacity limit do not have a ``design capacity'' and
are therefore not covered by the rule. The commenters requested
clarification on this issue. Another commenter questioned the need to
determine a site-specific waste density and recalculate the design
capacity annually.
    Response: First, we did not intend to limit the applicability of
the rule to only those landfills that have a permitted capacity limit;
we merely intended to allow facilities that have permitted capacities
to use their permitted capacity rather than the maximum volume of waste
that could be disposed of in the area of the landfill. We have revised
the definition of design capacity so that the first sentence simply
reads

``Design capacity means the maximum amount of solid waste a landfill
can accept.'' The second paragraph retains the clarification that the
design capacity can be determined in terms of volume or mass in the
most recent permit. For landfills without a permitted capacity limit,
the design capacity should be determined based on the physical
limitations, in terms of the total area available for waste disposal
and potential waste depth of the landfill.
    With respect to the need to re-evaluate the site-specific waste
density annually, we agree with the commenter that this measurement is
required under very limited circumstances, namely to determine
applicability. For most landfills, the design capacity will be
significantly smaller or larger than the 300,000 metric tons threshold
value provided in 40 CFR 98.460(a). Therefore, only those landfill
facilities that have design capacities near 300,000 metric tons would
need to re-evaluate their design capacities. We also agree that the
design capacity need only be re-evaluated if there is a change in the
process that can reasonably be expected to alter the site-specific
waste density. Therefore, we have limited the requirement to re-
determine site-specific waste density and resultant design capacity to
those cases where the current design capacity is within 10 percent of
the 300,000 metric tons threshold value in 40 CFR 98.460(a) and there
is a process change that can reasonably be expected to change the site-
specific waste density.

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.
The amendments are administrative in nature and do not increase the
recordkeeping and reporting burden associated with Part 98. However,
the Office of Management and Budget (OMB) has previously approved the
information collection request (ICR) for subparts A and OO contained in
the regulations promulgated on October 30, 2009 (EPA ICR number
2300.03; OMB control number 2060-0629), subpart DD promulgated on
December 1, 2010 (EPA ICR number 2373.02; OMB control number 2060-
0650), subparts FF, II and TT promulgated on July 12, 2010 (EPA ICR
number 2396.01; OMB control number 2060-0647), and subpart RR
promulgated on December 1, 2010 (EPA ICR number 2372.02; OMB control
number 2060-0649) under 40 CFR part 98 under the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The OMB control numbers
for the EPA's regulations in 40 CFR are listed in 40 CFR part 9. EPA
has submitted change worksheets for the respective ICRs to OMB to
reflect the clarifications to the reporting requirements finalized in
this rule. Further information on the EPA's assessment on the impact on
burden can be found in the Technical Corrections and Amendments Cost
Memo in docket number EPA-HQ-OAR-2011-0147.

C. Regulatory Flexibility Act (RFA)

    The Regulatory Flexibility Act (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 final 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. This definition of small entity is consistent
with the definition of small entity used for Part 98.
    After considering the economic impacts of these final rule
amendments on small entities, I certify that this action will not have
a significant economic impact on a substantial number of small
entities. These rule amendments will not impose any new requirement on
small entities that are not currently required by the regulation of
subparts A and OO promulgated on October 30, 2009; subparts FF, II, and
TT promulgated on July 12, 2010; or subparts DD or RR, both promulgated
on December 1, 2010. The amendments to 40 CFR part 98 are
administrative in nature and do not increase the costs for small
entities to comply with Part 98. Therefore, this final rule does not
have a significant economic impact on a substantial number of small
entities.
    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)

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

    The final rule amendments to Part 98 do not have federalism
implications. They 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.
    These amendments apply directly to facilities that directly emit
greenhouses gases, facilities that supply certain products that would
result in GHGs when released, combusted or oxidized, and facilities
that geologically sequester or otherwise inject CO2
underground. 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
and OO promulgated on October 30, 2009; subparts FF, II, and TT
promulgated on July 12, 2010; and subparts DD and RR, both 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 the EPA
policy to promote communications between the EPA and state and local
governments, the EPA specifically solicited comments on the proposed
action from state and local officials. The EPA did not receive any
comments on the 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 final rule
amendments do 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
and OO promulgated on October 30, 2009; subparts FF, II, and TT
promulgated on July 12, 2010, and subparts and DD and RR, both
promulgated on December 1, 2010. A summary of the EPA's consultations
with Tribal officials is provided in Sections VIII.D and VIII.F of the
preamble to the 2009 final rule.

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 agency decides not to use
available and applicable voluntary consensus standards.
    The final rule amendments do not involve technical standards.
Therefore, the EPA did not consider 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 these final rule amendments 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.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
this rule and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the U.S. prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective on December 29, 2011.

List of Subjects in 40 CFR Part 98

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

    Dated: November 9, 2011.
Lisa P. Jackson,
Administrator.

    For the reasons stated in the preamble, part 98 of title 40,
chapter I, of the Code of Federal Regulations is amended as follows:

PART 98--[AMENDED]

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

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

0
2. Section 98.1 is amended by revising paragraph (a) to read as
follows:

Subpart A--[Amended]

Sec.  98.1  Purpose and scope.

    (a) This part establishes mandatory greenhouse gas (GHG) reporting
requirements for owners and operators of certain facilities that
directly emit GHG as well as for certain suppliers. For suppliers, the
GHGs reported are the quantity that would be emitted from combustion or
use of the products supplied.
* * * * *

0
3. Section 98.2 is amended by:
0
a. Revising paragraph (d).
0
b. Revising paragraph (e).
0
c. Revising paragraph (f) introductory text.
0
d. Revising paragraph (h).
0
e. Revising paragraph (i)(3).

Sec.  98.2  Who must report?

* * * * *
    (d) To calculate GHG quantities for comparison to the 25,000 metric
ton CO2 per year threshold for importers and exporters of
coal-to-liquid products under paragraph (a)(4) of this section,
calculate the mass in metric tons per year of CO2 that would
result from the complete combustion or oxidation of the quantity of
coal-to-liquid products that are imported during the reporting year
and, that are exported during the reporting year. Compare the imported
quantities and the exported quantities separately to the 25,000 metric
ton CO2 per year threshold. Calculate the quantities using
the methodology specified in subpart LL of this part.
    (e) To calculate GHG quantities for comparison to the 25,000 metric
ton CO2e per year threshold for importers and exporters of
petroleum products under paragraph (a)(4) of this section, calculate
the mass in metric tons per year of CO2 that would result
from the complete combustion or oxidation of the combined volume of
petroleum products and natural gas liquids that are imported during the
reporting year and that are exported during the reporting year. Compare
the imported quantities and the exported quantities separately to the
25,000 metric ton CO2 per year threshold. Calculate the
quantities using the methodology specified in subpart MM of this part.
    (f) To calculate GHG quantities for comparison to the 25,000 metric
ton CO2e per year threshold under paragraph (a)(4) of this
section for importers and exporters of industrial greenhouse gases and
for importers and exporters of CO2, the owner or operator
shall calculate the mass in metric tons per year of CO2e
imports and exports as described in paragraphs (f)(1) through (f)(3) of
this section. Compare the imported quantities and the exported
quantities separately to the 25,000 metric ton CO2 per year
threshold.
* * * * *
    (h) An owner or operator of a facility or supplier that does not
meet the applicability requirements of paragraph (a) of this section is
not subject to this rule. Such owner or operator would become subject
to the rule and reporting requirements, if a facility or supplier
exceeds the applicability requirements of paragraph (a) of this section
at a later time pursuant to Sec.  98.3(b)(3). Thus, the owner or
operator should reevaluate the applicability to this part (including
the revising of any relevant emissions calculations or other
calculations) whenever there is any change that could cause a facility
or supplier to meet the applicability requirements of paragraph (a) of
this section. Such changes include but are not limited to process
modifications, increases in operating hours, increases in production,
changes in fuel or raw material use, addition of equipment, and
facility expansion.
    (i) * * *
    (3) If the operations of a facility or supplier are changed such
that all applicable GHG-emitting processes and operations listed in
paragraphs (a)(1) through (a)(4) of this section cease to operate, then
the owner or operator is exempt from reporting in the years following
the year in which cessation of such operations occurs, provided that
the owner or operator submits a notification to the Administrator that
announces the cessation of reporting and certifies to the closure of
all GHG-emitting processes and operations no later than March 31 of the
year following such changes. This paragraph (i)(3) does not apply to
seasonal or other temporary cessation of operations. This paragraph
(i)(3) does not apply to facilities with municipal solid waste
landfills or industrial waste landfills, or to underground coal mines.
The owner or operator must resume reporting for any future calendar
year during which any of the GHG-emitting processes or operations
resume operation.
* * * * *

0
4. Section 98.3 is amended by:
0
a. Revising paragraph (b) introductory text.
0
b. Adding paragraph (b)(1).
0
c. Adding paragraph (b)(4).
0
d. Revising paragraph (c)(5)(ii).
0
e. Revising paragraph (c)(7).
0
f. Revising paragraph (c)(10).
0
g. Revising paragraph (c)(11).
0
h. Revising the second sentence of paragraph (g) introductory text.

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

* * * * *
    (b) Schedule. The annual GHG report for reporting year 2010 must be
submitted no later than September 30, 2011. The annual report for
reporting years 2011 and beyond must be submitted no later than March
31 of each calendar year for GHG emissions in the previous calendar
year, except as provided in paragraph (b)(1) of this section.
    (1) For reporting year 2011, facilities with one or more of the
subparts listed in paragraphs (b)(1)(i) through (b)(1)(xi) of this
section and suppliers listed in paragraph (b)(1)(xii) of this section
are required to submit their annual GHG report no later than September
28, 2012. Facilities and suppliers that are submitting their second
annual GHG report in 2012 and that are reporting on one or more
subparts listed in paragraphs (b)(1)(i) through (b)(1)(xii) of this
section must notify EPA by March 31, 2012 that they are not required to
submit their annual GHG report until September 28, 2012.
    (i) Electronics Manufacturing (subpart I).
    (ii) Fluorinated Gas Production (subpart L).
    (iii) Magnesium Production (subpart T).
    (iv) Petroleum and Natural Gas Systems (subpart W).
    (v) Use of Electric Transmission and Distribution Equipment
(subpart DD).
    (vi) Underground Coal Mines (subpart FF).
    (vii) Industrial Wastewater Treatment (subpart II).
    (viii) Geologic Sequestration of Carbon Dioxide (subpart RR).
    (ix) Manufacture of Electric Transmission and Distribution (subpart
SS).
    (x) Industrial Waste Landfills (subpart TT).
    (xi) Injection of Carbon Dioxide (subpart UU).
    (xii) Imports and Exports of Equipment Pre-charged with Fluorinated
GHGs or Containing Fluorinated GHGs in Closed-cell Foams (subpart QQ).
* * * * *
    (4) Unless otherwise stated, if the final day of any time period
falls on a weekend or a federal holiday, the time period shall be
extended to the next business day.
    (c) * * *
    (5) * * *
    (ii) Quantity of each GHG from each applicable supply category in
Table A-5 to this subpart, expressed in metric

tons of each GHG. For fluorinated GHG, report quantities of all
fluorinated GHG, including those not listed in Table A-1 to this
subpart.
* * * * *
    (7) A brief description of each ``best available monitoring
method'' used, the parameter measured using the method, and the time
period during which the ``best available monitoring method'' was used,
if applicable.
* * * * *
    (10) NAICS code(s) that apply to the facility or supplier.
    (i) Primary NAICS code. Report the NAICS code that most accurately
describes the facility or supplier's primary product/activity/service.
The primary product/activity/service is the principal source of revenue
for the facility or supplier. A facility or supplier that has two
distinct products/activities/services providing comparable revenue may
report a second primary NAICS code.
    (ii) Additional NAICS code(s). Report all additional NAICS codes
that describe all product(s)/activity(s)/service(s) at the facility or
supplier that are not related to the principal source of revenue.
    (11) Legal name(s) and physical address(es) of the highest-level
United States parent company(s) of the owners (or operators) of the
facility or supplier and the percentage of ownership interest for each
listed parent company as of December 31 of the year for which data are
being reported according to the following instructions:
    (i) If the facility or supplier is entirely owned by a single
United States company that is not owned by another company, provide
that company's legal name and physical address as the United States
parent company and report 100 percent ownership.
    (ii) If the facility or supplier is entirely owned by a single
United States company that is, itself, owned by another company (e.g.,
it is a division or subsidiary of a higher-level company), provide the
legal name and physical address of the highest-level company in the
ownership hierarchy as the United States parent company and report 100
percent ownership.
    (iii) If the facility or supplier is owned by more than one United
States company (e.g., company A owns 40 percent, company B owns 35
percent, and company C owns 25 percent), provide the legal names and
physical addresses of all the highest-level companies with an ownership
interest as the United States parent companies, and report the percent
ownership of each company.
    (iv) If the facility or supplier is owned by a joint venture or a
cooperative, the joint venture or cooperative is its own United States
parent company. Provide the legal name and physical address of the
joint venture or cooperative as the United States parent company, and
report 100 percent ownership by the joint venture or cooperative.
    (v) If the facility or supplier is entirely owned by a foreign
company, provide the legal name and physical address of the foreign
company's highest-level company based in the United States as the
United States parent company, and report 100 percent ownership.
    (vi) If the facility or supplier is partially owned by a foreign
company and partially owned by one or more U.S. companies, provide the
legal name and physical address of the foreign company's highest-level
company based in the United States, along with the legal names and
physical addresses of the other U.S. parent companies, and report the
percent ownership of each of these companies.
    (vii) If the facility or supplier is a federally owned facility,
report ``U.S. Government'' and do not report physical address or
percent ownership.
* * * * *
    (g) Recordkeeping. * * * Retain all required records for at least 3
years from the date of submission of the annual GHG report for the
reporting year in which the record was generated. * * *
* * * * *

0
5. Section 98.4 is amended by revising paragraph (m)(4) to read as
follows:

Sec.  98.4  Authorization and responsibilities of the designated
representative.

* * * * *
    (m) * * *
    (4) Any electronic submission covered by the certification in
paragraph (m)(2)(v)(A) of this section and made in accordance with a
notice of delegation effective under paragraph (m)(3) of this section
shall be deemed to be an electronic submission certified, signed, and
submitted by the designated representative or alternate designated
representative submitting such notice of delegation.

0
6. Section 98.6 is amended by revising the definitions of ``Supplier''
and ``United States parent company(s)'' to read as follows:

Sec.  98.6  Definitions.

* * * * *
    Supplier means a producer, importer, or exporter in any supply
category included in Table A-5 to this subpart, as defined by the
corresponding subpart of this part.
* * * * *
    United States parent company(s) means the highest-level United
States company(s) with an ownership interest in the facility or
supplier as of December 31 of the year for which data are being
reported.
* * * * *

0
7. Section 98.9 introductory text is revised to read as follows:

Sec.  98.9  Addresses.

    All requests, notifications, and communications to the
Administrator pursuant to this part must be submitted electronically
and in a format as specified by the Administrator. For example, any
requests, notifications and communications that can be submitted
through the electronic GHG reporting tool, must be submitted through
that tool. If not specified, requests, notifications or communications
shall be submitted to the following address:
* * * * *

0
8. Table A-3 to subpart A is amended by revising the entry for
``Electrical transmission and distribution equipment use'' and
``Underground coal mines'' to read as follows:

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

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

                              * * * * * * *
Additional Source Categories \a\ Applicable in 2011 and Future Years
Electrical transmission and distribution equipment use at facilities
 where the total nameplate capacity of SF6 and PFC containing equipment
 exceeds 17,820 pounds, as determined under Sec.   98.301 (subpart DD).
Underground coal mines liberating 36,500,000 actual cubic feet of CH4 or
 more per year (subpart FF).

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

0
9. Table A-5 to subpart A is amended by revising the entries for
``Petroleum product suppliers (subpart MM)'' to read as follows:

   Table A-5 to Subpart A of Part 98 --Supplier Category List for Sec.
                               98.2(a)(4)
------------------------------------------------------------------------

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

                              * * * * * * *
Petroleum product suppliers (subpart MM):

    (A) All petroleum refineries that distill crude oil.
    (B) Importers of an annual quantity of petroleum products and
     natural gas liquids that is equivalent to 25,000 metric tons CO2e
     or more.
    (C) Exporters of an annual quantity of petroleum products and
     natural gas liquids that is equivalent to 25,000 metric tons CO2e
     or more.

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

Subpart FF--[Amended]

0
10. Section 98.322 is amended by revising paragraph (f) to read as
follows:

Sec.  98.322  GHGs to report.

* * * * *
    (f) An underground coal mine that is subject to this part because
emissions from source categories described in Tables A-3, A-4 or A-5 of
subpart A of this part, or from stationary combustion (subpart C of
this part), is not required to report emissions under this subpart
unless the coal mine liberates 36,500,000 actual cubic feet (acf) or
more of methane per year from its ventilation system.

0
11. Section 98.323 is amended by:
0
a. Revising the definitions of ``V'', ``C'', and ``P'' in Equation FF-1
of paragraph (a).
0
b. Revising the first sentence of paragraph (a)(2).
0
c. Revising the definitions of ``Vi'', ``Ci'', ``Ti'', and ``Pi'' in
Equation FF-3 of paragraph (b) introductory text.
0
d. Revising the first sentence of paragraph (b)(1).
0
e. Revising paragraph (c) introductory text preceding Eq. FF-5.
    The revisions read as follows:

Sec.  98.323  Calculating GHG emissions.

    (a) * * *

V = Volumetric flow rate for the quarter (cfm) based on sampling or a
flow rate meter. If a flow rate meter is used and the meter
automatically corrects for temperature and pressure, replace
``520[deg]R/T x P/1 atm'' with ``1''.
* * * * *
C = CH4 concentration of ventilation gas for the quarter
(%).
* * * * *
P = Pressure at which flow is measured (atm) for the quarter. The
annual average barometric pressure from the nearest NOAA weather
service station may be used as a default.
* * * * *
    (2) Values of V, C, T, P, and (fH2O), if applicable,
must be based on measurements taken at least once each quarter with no
fewer than 6 weeks between measurements. * * *
* * * * *
    (b) * * *
Vi = Measured volumetric flow rate for the days in the week
when the degasification system is in operation at that monitoring
point, based on sampling or a flow rate meter (cfm). If a flow rate
meter is used and the meter automatically corrects for temperature and
pressure, replace ``520[deg]R/Ti x Pi/1 atm''
with ``1''.
* * * * *
Ci = CH4 concentration of gas for the days in the
week when the degasification system is in operation at that monitoring
point (%).
* * * * *
Ti = Temperature at which flow is measured ([deg]R).
Pi = Pressure at which flow is measured (atm).
* * * * *
    (1) Values for V, C, T, P, and (fH2O), if applicable,
must be based on measurements taken at least once each calendar week
with at least 3 days between measurements. * * *
* * * * *
    (c) If gas from degasification system wells or ventilation shafts
is sold, used onsite, or otherwise destroyed (including by flaring),
you must calculate the quarterly CH4 destroyed for each
destruction device and each point of offsite transport to a destruction
device, using Equation FF-5 of this section. You must measure
CH4 content and flow rate according to the provisions in
Sec.  98.324, and calculate the methane routed to the destruction
device (CH4) using either Equation FF-1 or Equation FF-3 of
this section, as applicable.
* * * * *

0
12. Section 98.324 is amended by:
0
a. Revising paragraphs (b)(1) and (b)(2).
0
b. Revising paragraph (c).
0
c. Revising paragraph (d).
0
d. Revising paragraph (e) introductory text.
0
e. Revising paragraphs (g) and (h).
    The revisions read as follows:

Sec.  98.324  Monitoring and QA/QC requirements.

* * * * *
    (b) * * *
    (1) Collect quarterly or more frequent grab samples (with no fewer
than 6 weeks between measurements) for methane concentration and make
quarterly measurements of flow rate, temperature, pressure, and
moisture content, if applicable. The sampling and measurements must be
made at the same locations as Mine Safety and Health Administration
(MSHA) inspection samples are taken, and should be taken when the mine
is operating under normal conditions. You must follow MSHA sampling
procedures as set forth in the MSHA Handbook entitled, General Coal
Mine Inspection Procedures and Inspection Tracking System Handbook
Number: PH-08-V-1, January 1, 2008 (incorporated by reference, see
Sec.  98.7). You must record the date of sampling, flow, temperature,
pressure, and moisture measurements, the methane concentration
(percent), the bottle number of samples collected, and the location of
the measurement or collection.
    (2) Obtain results of the quarterly (or more frequent) testing
performed by MSHA for the methane flowrate. At the same location and
within seven days of the MSHA sampling, make measurements of
temperature and pressure using the same procedures

specified in paragraph (b)(1) of this section. The annual average
barometric pressure from the nearest National Oceanic and Atmospheric
Administration (NOAA) weather service station may be used as a default
for pressure. If the MSHA data for methane flow is provided in the
units of actual cubic feet of methane per day, the methane flow data is
inserted into Equation FF-1 of this section in place of the value for V
and the variables MCF, C/100%, and 1440 are removed from the equation.
* * * * *
    (c) For CH4 liberated at degasification systems,
determine whether CH4 will be monitored from each well and
gob gas vent hole, from a centralized monitoring point, or from a
combination of the two options. Operators are allowed flexibility for
aggregating emissions from more than one well or gob gas vent hole, as
long as emissions from all are addressed, and the methodology for
calculating total emissions is documented. Monitor both gas volume and
methane concentration by one of the following two options:
    (1) Monitor emissions through the use of one or more continuous
emissions monitoring systems (CEMS). If operators use CEMS as the basis
for emissions reporting, they must provide documentation on the process
for using data obtained from their CEMS to estimate emissions from
their mine ventilation systems.
    (2) Collect weekly (once each calendar week, with at least three
days between measurements) or more frequent samples, for all
degasification wells and gob gas vent holes. Determine weekly or more
frequent flow rates, methane concentration, temperature, and pressure
from these degasification wells and gob gas vent holes. Methane
composition should be determined either by submitting samples to a lab
for analysis, or from the use of methanometers at the degasification
well site. Follow the sampling protocols for sampling of methane
emissions from ventilation shafts, as described in Sec.  98.324(b)(1).
You must record the date of sampling, flow, temperature, pressure, and
moisture measurements, the methane concentration (percent), the bottle
number of samples collected, and the location of the measurement or
collection.
    (3) If the CH4 concentration is determined on a dry
basis and flow is determined on a wet basis or CH4
concentration is determined on a wet basis and flow is determined on a
dry basis, and the flow meter does not automatically correct for
moisture content, determine the moisture content in the gas in a
location near or representative of the location of:
    (i) The gas flow meter at least once each calendar week; if
measuring with CEMS. If only one measurement is made each calendar
week, there must be at least three days between measurements; and
    (ii) The grab sample, if using grab samples, at the time of the
sample.
    (d) Monitoring must adhere to one of the methods specified in
paragraphs (d)(1) through (d)(2) of this section.
    (1) ASTM D1945-03, Standard Test Method for Analysis of Natural Gas
by Gas Chromatography; ASTM D1946-90 (Reapproved 2006), Standard
Practice for Analysis of Reformed Gas by Gas Chromatography; ASTM
D4891-89 (Reapproved 2006), Standard Test Method for Heating Value of
Gases in Natural Gas Range by Stoichiometric Combustion; or ASTM
UOP539-97 Refinery Gas Analysis by Gas Chromatography (incorporated by
reference, see Sec.  98.7).
    (2) As an alternative to the gas chromatography methods provided in
paragraph (d)(1) of this section, you may use gaseous organic
concentration analyzers and a correction factor to calculate the
CH4 concentration following the requirements in paragraphs
(d)(2)(i) through (d)(2)(iii) of this section.
    (i) Use Method 25A or 25B at 40 CFR part 60, appendix A-7 to
determine gaseous organic concentration as required in Sec.  98.323 and
in paragraphs (b) and (c) of this section. You must calibrate the
instrument with CH4 and determine the total gaseous organic
concentration as carbon (or as CH4; K=1 in Equation 25A-1 of
Method 25A at 40 CFR part 60, appendix A-7).
    (ii) Determine a correction factor that will be used with the
gaseous organic concentrations measured in paragraph (i) of this
section. The correction factor must be determined at the routine
sampling location no less frequently than once a reporting year
following the requirements in paragraphs (d)(2)(ii)(A) through
(d)(2)(ii)(C) of this section.
    (A) Take a minimum of three grab samples of the gas with a minimum
of 20 minutes between samples and determine the methane composition of
the gas using one of the methods specified in paragraph (d)(1) of this
section.
    (B) As soon as practical after each grab sample is collected and
prior to the collection of a subsequent grab sample, determine the
gaseous organic concentration of the gas using either Method 25A or 25B
at 40 CFR part 60, appendix A-7 as specified in paragraph (d)(2)(i) of
this section.
    (C) Determine the arithmetic average methane concentration and the
arithmetic average gaseous organic concentration of the samples
analyzed according to paragraphs (d)(2)(ii)(A) and (d)(2)(ii)(B) of
this section, respectively, and calculate the non-methane organic
carbon correction factor as the ratio of the average methane
concentration to the average total gaseous organic concentration. If
the ratio exceeds 1, use 1 for the correction factor.
    (iii) Calculate the CH4 concentration as specified in
Equation FF-9 of this section:
[GRAPHIC] [TIFF OMITTED] TR29NO11.000

Where:

CCH4 = Methane (CH4) concentration in the gas
(volume %) for use in Equations FF-1 and FF-3 of this subpart.
fNMOC = Correction factor from the most recent
determination of the correction factor as specified in paragraph
(d)(2)(ii) of this section (unitless).
CTGOC = Gaseous organic carbon concentration measured
using Method 25A or 25B at 40 CFR part 60, appendix A-7 during
routine monitoring of the gas (volume %).

    (e) All flow meters and gas composition monitors that are used to
provide data for the GHG emissions calculations shall be calibrated
prior to the first reporting year, using the applicable methods
specified in paragraphs (d), and (e)(1) through (e)(7) of this section.
Alternatively, calibration procedures specified by the flow meter
manufacturer may be used. Flow meters and gas composition monitors
shall be recalibrated either at the minimum frequency specified by the
manufacturer or annually. The operator shall operate, maintain, and
calibrate a gas composition monitor capable of measuring the
concentration of CH4 in the gas using one of the methods
specified in paragraph (d) of this section. The operator shall operate,
maintain, and calibrate the flow meter using any of the following test
methods or follow the procedures specified by the flow meter
manufacturer. Flow meters must meet the accuracy requirements in Sec.
98.3(i).
* * * * *
    (g) All temperature, pressure, and moisture content monitors must
be operated and calibrated using the procedures and frequencies
specified by the manufacturer.
    (h) If applicable, the owner or operator shall document the
procedures used to ensure the accuracy of gas flow rate, gas
composition, temperature, pressure, and moisture content

measurements. These procedures include, but are not limited to,
calibration of flow meters, and other measurement devices. The
estimated accuracy of measurements, and the technical basis for the
estimated accuracy shall be recorded.

0
13. Section 98.325 is amended by revising the first sentence of
paragraph (b) as to read follows:

Sec.  98.325  Procedures for estimating missing data.

* * * * *
    (b) For each missing value of CH4 concentration, flow
rate, temperature, pressure, and moisture content for ventilation and
degasification systems, the substitute data value shall be the
arithmetic average of the quality-assured values of that parameter
immediately preceding and immediately following the missing data
incident. * * *

0
14. Section 98.326 is amended by:
0
a. Revising paragraph (f).
0
b. Revising paragraph (h).
0
c. Revising paragraph (j).
0
d. Revising paragraph (k).
0
e. Revising paragraph (o).
    The revisions read as follows:

Sec.  98.326  Data reporting requirements.

* * * * *
    (f) Quarterly volumetric flow rate for each ventilation monitoring
point (scfm), date and location of each measurement, and method of
measurement (quarterly sampling or continuous monitoring), used in
Equation FF-1 of this subpart.
* * * * *
    (h) Weekly volumetric flow rate used to calculate CH4
liberated from degasification systems (cfm) and method of measurement
(sampling or continuous monitoring), used in Equation FF-3 of this
subpart.
* * * * *
    (j) Weekly volumetric flow rate used to calculate CH4
destruction for each destruction device and each point of offsite
transport (cfm).
    (k) Weekly CH4 concentration (%) used to calculate
CH4 flow to each destruction device and each point of
offsite transport (C).
* * * * *
    (o) Temperatures ([deg]R), pressure (atm), and moisture content
used in Equation FF-1 and FF-3 of this subpart, and the gaseous organic
concentration correction factor, if Equation FF-9 was required.
* * * * *

Subpart II--[Amended]

0
15. Section 98.350 is amended by revising the first sentence of
paragraph (b) introductory text to read as follows:

Sec.  98.350  Definition of source category.

* * * * *
    (b) An anaerobic process is a procedure in which organic matter in
wastewater, wastewater treatment sludge, or other material is degraded
by micro-organisms in the absence of oxygen, resulting in the
generation of CO2 and CH4. * * *
* * * * *

0
16. Section 98.352 is amended by revising paragraph (d) to read as
follows:

Sec.  98.352  GHGs to report.

* * * * *
    (d) You must report under subpart C of this part (General
Stationary Fuel Combustion Sources) the emissions of CO2,
CH4, and N2O from each stationary combustion unit
associated with the biogas destruction device, if present, by following
the requirements of subpart C of this part.

0
17. Section 98.353 is amended by:
0
a. Revising paragraph (a)(2) introductory text.
0
b. Revising paragraph (c) introductory text and paragraph (c)(1)
introductory text preceding Equation II-4.
0
c. Revising the definitions of ``Rn'', ``Tm'', and ``Pm'' in Equation
II-4 of paragraph (c)(1).
0
d. Revising paragraph (c)(2).
0
e. Revising paragraph (d) introductory text.
0
f. Revising the definition of ``Rn'' in Equation II-5 in paragraph
(d)(1).
0
g. Revising paragraph (d)(2) introductory text preceding Equation II-6.
0
h. Revising Equation II-6 and revising the definition of
``CH4En'', ``Rn'', ``DE1'',
and ``fDest--1'' in paragraph (d)(2).

Sec.  98.353  Calculating GHG emissions.

    (a) * * *