(B) If wet natural gas composition cannot be determined using
paragraph (u)(2)(i) or (u)(2)(ii) of this section, select a
representative analysis.
    (C) You may use an appropriate standard method published by a
consensus-based standards organization if such a method exists or you
may use an industry standard practice as specified in Sec.  98.234(b)
to sample and analyze wet natural gas composition.
* * * * *
    (2) Calculation Methodology 2. Calculate annual CH4 and
CO2 emissions from glycol dehydrators with annual average
daily throughput less than 0.4 million cubic feet per day using
Equation W-5 of this section: * * *
* * * * *
    (f) * * *
    (2) Calculation Methodology 2. Calculate the total emissions for
well venting for liquids unloading using Equation W-8 of this section.
[GRAPHIC] [TIFF OMITTED] TP04AU11.033

Where:

Ea,n = Annual natural gas emissions at actual conditions,
in cubic feet/year.
W = Number of wells with well venting for liquids unloading at the
facility.
0.37x10-3 = {3.14 (pi)/4{time} /{14.7*144{time}  (psia
converted to pounds per square feet).
CDW = Casing diameter for each well, in inches.
WDW = Well depth to first producing horizon for each
well, in feet.
SPW = Shut-in pressure for each well, in pounds square
inch atmosphere (psia).
VW = Number of vents per year per well.
SFRW = Average sales flow rate of each gas well in cubic
feet per hour.
HRV,W = Hours that each well was left open to the
atmosphere during each unloading event.
1.0 = Hours for average well to blowdown casing volume at shut-in
pressure.
ZV,W = If HRV,W is less than 1.0 then
ZV,W is equal to 0. If HRV,W is greater than
or equal to 1.0 then ZV,W is equal to 1.
* * * * *
    (3) * * *
    [GRAPHIC] [TIFF OMITTED] TP04AU11.034

Where:

Ea,n = Annual natural gas emissions at actual conditions,
in cubic feet/year.
W = Number of wells with well venting for liquids unloading at the
facility.
0.37x10-3 = {3.14 (pi)/4{time} /{14.7*144{time}  (psia
converted to pounds per square feet).
TDW = Tubing diameter for each well, in inches.
WDW = Tubing depth to plunger bumper for each well, in
feet.

SPW = Sales line pressure for each well, in pounds per
square inch atmospheric (psia).
NV = Number of vents per year per well.
SFRW = Average sales flow rate of each gas well in cubic
feet per hour.
HRV,W = Hours that each well was left open to the
atmosphere during each unloading event.
0.5 = Hours for average well to blowdown tubing volume at sales line
pressure.
ZV,W = If HRV,W is less than 0.5 then
ZV,W is equal to 0. If HRV,W is greater than
or equal to 0.5 then ZV,W is equal to 1.
* * * * *
    (h) * * *

Es,n = Annual natural gas emissions in standard cubic
feet from a gas well venting during well completions and workovers
without hydraulic fracturing.
* * * * *
EFwo = Emission Factor for non-hydraulic fracture well
workover venting in standard cubic feet per workover.
EFwo = 3114 standard cubic feet per well workover without
hydraulic fracturing.
* * * * *
Vf = Average daily gas production rate in standard cubic
feet per hour of each well completion without hydraulic fracturing.
This is the total annual gas production volume divided by total
number of hours the wells produced to the sales line. For completed
wells that have not established a production rate, you may use the
average flow rate from the first 30 days of production. In the event
that the well is completed less than 30 days from the end of the
calendar year, the first 30 days of the production straddling the
current and following calendar years shall be used.

    (1) Volumetric emissions for both CH4 and CO2
shall be calculated from volumetric natural gas emissions using
calculations in paragraphs (u) of this section. Mass emissions for both
CH4 and CO2 shall be calculated from volumetric
natural gas emissions using calculations in paragraphs (v) of this
section.
    (2) Calculate annual emissions from gas well venting during well
completions and workovers not involving hydraulic fracturing to flares
as follows:
* * * * *
    (i) Blowdown vent stacks. Calculate CO2 and
CH4 blowdown vent stack emissions from depressurizing
equipment to the atmosphere (excluding depressurizing to a flare, over-
pressure relief, operating pressure control venting and blowdown of
non-GHG gases; desiccant dehydrator blowdown venting before reloading
is covered in paragraph (e)(5) of this section) as follows (Emissions
from emergency events are not included.):
* * * * *
    (2) If the total physical volume between isolation valves is
greater than or equal to 50 cubic feet, retain logs of the number of
blowdowns for each equipment type (including but not limited to
compressors, vessels, pipelines, headers, fractionators, and tanks).
Blowdown volumes smaller than 50 standard cubic feet are exempt from
reporting under paragraph (i) of this section.
    (3) * * *

Vv = Total physical volume of blowdown equipment chambers
(including pipelines, compressors and vessels) between isolation
valves in cubic feet.
* * * * *
    (4) Calculate both CH4 and CO2 volumetric and
mass emissions using calculations in paragraph (u) and (v) of this
section.
* * * * *
    (j) * * *
    (1) Calculation Methodology 1. For separators with annual average
daily throughput of oil greater than or equal to 10 barrels per day. *
* *
* * * * *
    (vii) Separator oil composition and Reid vapor pressure. If this
data is not available, determine these parameters by selecting one of
the methods described under paragraph (j)(1)(vii) of this section.
* * * * *
    (2) Calculation Methodology 2. Calculate annual CH4 and
CO2 emissions from onshore production storage tanks for
wellhead gas-liquid separators with annual average daily throughput of
oil greater than or equal to 10 barrels per day by assuming that all of
the CH4 and CO2 in solution at separator
temperature and pressure is emitted from oil sent to storage tanks. You
may use an appropriate standard method published by a consensus-based
standards organization if such a method exists or you may use an
industry standard practice as described in Sec.  98.234(b) to sample
and analyze separator oil composition at separator pressure and
temperature.
    (3) Calculation Methodology 3. For wells with annual average daily
oil production greater than or equal to 10 barrels per day that flow
directly to atmospheric storage tanks without passing through a
wellhead separator, calculate annual CH4 and CO2
emissions by either of the methods in paragraph (j)(3) of this section:
* * * * *
    (4) Calculation Methodology 4. For wells with annual average daily
oil production greater than or equal to 10 barrels per day that flow to
a separator not at the well pad, calculate annual CH4 and
CO2 emissions by either of the methods in paragraph (j)(4)
of this section:
* * * * *
    (5) * * *
    [GRAPHIC] [TIFF OMITTED] TP04AU11.035

Where:

Es,i = Annual total volumetric GHG emissions (either
CO2 or CH4) at standard conditions in cubic
feet.
EFi = Populations emission factor for separators or wells
in thousand standard cubic feet per separator or well per year, for
crude oil use 4.3 for CH4 and 2.9 for CO2 at
68[deg]F and 14.7 psia, and for gas condensate use 17.8 for
CH4 and 2.9 for CO2 at 68[deg]F and 14.7 psia.
Count = Total number of separators or wells with throughput less
than 10 barrels per day.
1,000 = Conversion to cubic feet.
* * * * *
    (8) * * *
    [GRAPHIC] [TIFF OMITTED] TP04AU11.036

Where:
* * * * *
En = Storage tank emissions as determined in Calculation
Methodologies 1, 2, or 4 in paragraphs (j)(1), (j)(2) and (j)(4) of
this section (with wellhead separators) in cubic feet per year.
* * * * *

8,760 = Conversion to hourly emissions.
* * * * *
    (k) * * *
    (2) If the tank vapors are continuous for 5 minutes, or the
acoustic leak detection device detects a leak, then use one of the
following two methods in paragraph (k)(2) of this section to quantify
annual emissions:
* * * * *
    (4) Calculate annual emissions from storage tanks to flares as
follows:
    (i) Use the storage tank emissions volume and gas composition as
determined in paragraphs (k)(1) through (k)(3) of this section.
    (ii) Use the calculation methodology of flare stacks in paragraph
(n) of this section to determine storage tank emissions sent to a
flare.
* * * * *
    (q) Leak detection and leaker emission factors. You must use the
methods described in Sec.  98.234(a) to conduct leak detection(s) of
equipment leaks from all sources listed in Sec.  98.232(d)(7), (e)(7),
(f)(5), (g)(3), (h)(4), and (i)(1). This paragraph (q) applies to
emissions sources in streams with gas content greater than 10 percent
CH4 plus CO2 by weight. Emissions sources in
streams with gas content less than 10 percent CH4 plus
CO2 by weight do not need to be reported. Tubing systems
equal to or less than one half inch diameter are exempt from the
requirements of this paragraph (q) and do not need to be reported. If
equipment leaks are detected for sources listed in this paragraph (q),
calculate equipment leak emissions per source per reporting facility
using Equation W-30 of this section for each source with equipment
leaks.
* * * * *
    (v) * * *

[rho]i = Density of GHG i. Use 0.0520 kg/ft\3\ for CO2
and N2O, and 0.0190 kg/ft\3\ for CH4 at
68[deg]F and 14.7 psia or 0.0530 kg/ft\3\ for CO2 and
N2O, and 0.0193 kg/ft\3\ for CH4 at 60[deg]F
and 14.7 psia.
* * * * *
    (z) Onshore petroleum and natural gas production and natural gas
distribution combustion emissions. Calculate CO2,
CH4, and N2O combustion-related emissions from
stationary or portable equipment, except as specified in paragraph
(z)(3) of this section, as follows:
    (2) * * *
    (iii) * * *
    [GRAPHIC] [TIFF OMITTED] TP04AU11.037

Where:

* * * * *
Ea,CH4 = Contribution of annual CH4 emissions
from portable or stationary fuel combustion sources in cubic feet,
under actual conditions.
[eta] = Combustion efficiency for portable and stationary equipment
determined based on engineering estimation.
* * * * *
Yj = Concentration of gas hydrocarbon constituents j
(such as methane, ethane, propane, butane, and pentanes plus) in gas
sent to combustion unit.
YCH4 = Concentration of methane constituent in gas sent
to combustion unit.
YCO2 = Concentration of CO2 constituent in gas
sent to combustion unit.
Rj = Number of carbon atoms in the gas hydrocarbon
constituent j; 1 for methane, 2 for ethane, 3 for propane, 4 for
butane, and 5 for pentanes plus) in gas sent to combustion unit.

    (iv) Calculate GHG volumetric emissions at standard conditions
using calculations in paragraph (t) of this section.
    (v) Calculate both combustion-related CH4 and
CO2 mass emissions from volumetric CH4 and
CO2 emissions using calculation in paragraph (v) of this
section.
    (vi) Calculate N2O mass emissions using Equation W-40 of
this section.
[GRAPHIC] [TIFF OMITTED] TP04AU11.038

Where:

* * * * *
HHV = For the high heat value for field gas or process vent gas, use
1.235 x 10-3 mmBtu/scf for HHV.
* * * * *
    (3) External fuel combustion sources with a rated heat capacity
equal to or less than 5 mmBtu/hr do not need to report combustion
emissions or include these emissions for threshold determination in
Sec.  98.231(a). You must report the type and number of each external
fuel combustion unit.
    12. Section 98.234 is amended by revising Equation W-41 of
paragraph (e) to read as follows:

Sec.  98.234  Monitoring and QA/QC requirements.

* * * * *
    (e) * * *
    [GRAPHIC] [TIFF OMITTED] TP04AU11.039

Where:

p = Absolute pressure.
R = Universal gas constant.
T = Absolute temperature.
Vm = Molar volume.

[GRAPHIC] [TIFF OMITTED] TP04AU11.040

Where:

[omega] = Acentric factor of the species.
Tc = Critical temperature.
Pc = Critical pressure.
* * * * *
    13. Section 98.236 is amended by revising paragraphs (c)(6)(ii)(B)
and (c)(7)(i).

Sec.  98.236  Data reporting requirements.

* * * * *
    (c) * * *
    (6) * * *
    (ii) * * *
    (B) Total count of workovers in calendar year that flare gas or
vent gas to the atmosphere.
* * * * *
    (7) * * *
    (i) Total number of blowdowns per unique volume type in calendar
year.
* * * * *
    14. Tables W-3 and W-4 to subpart W are amended by revising the
entries for ``Low Continuous Bleed Pneumatic Device Vents'', ``High
Continuous Bleed Pneumatic Device Vents'', and ``Intermittent Bleed
Pneumatic Device Vents'' as follows:

  Table W-3 to Subpart W of Part 98--Default Total Hydrocarbon Emission
        Factors for Onshore Natural Gas Transmission Compression
------------------------------------------------------------------------
                                                  Emission factor  (scf/
  Onshore natural gas transmission compression       hour/component)
------------------------------------------------------------------------
       Leaker Emission Factors--Compressor Components, Gas Service

                              * * * * * * *
     Leaker Emission Factors--Non-Compressor Components, Gas Service

                              * * * * * * *
                Population Emission Factors--Gas Service
    Low Continuous Bleed Pneumatic Device Vents                     1.79
     \2\.......................................

    High Continuous Bleed Pneumatic Device                          20.1
     Vents \2\.................................
    Intermittent Bleed Pneumatic Device Vents                       20.1
     \2\.......................................
------------------------------------------------------------------------
\1\ Valves include control valves, block valves and regulator valves.
\2\ Emission Factor is in units of ``scf/hour/device''.

  Table W-4 to Subpart W of Part 98--Default Total Hydrocarbon Emission
               Factors for Underground Natural Gas Storage
------------------------------------------------------------------------
                                                  Emission factor  (scf/
        Underground natural gas storage              hour/component)
------------------------------------------------------------------------
          Leaker Emission Factors--Storage Station, Gas Service

                              * * * * * * *
       Population Emission Factors--Storage Wellheads, Gas Service

                              * * * * * * *
       Population Emission Factors--Other Components, Gas Service
    Low Continuous Bleed Pneumatic Device Vents                     1.79
     \2\.......................................
    High Continuous Bleed Pneumatic Device                          20.1
     Vents \2\.................................
    Intermittent Bleed Pneumatic Device Vents                       20.1
     \2\.......................................
------------------------------------------------------------------------
\1\ Valves include control valves, block valves and regulator valves.
\2\ Emission Factor is in units of ``scf/hour/device''.

Subpart FF--[Amended]

    15. 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,
or from stationary combustion (subpart C), is not required to report
emissions under subpart FF of this part unless the coal mine liberates
36,500,000 actual cubic

feet (acf) or more of methane per year from its ventilation system.
    16. Section 98.323 is amended by:
    a. Revising the definitions of ``V'', ``C'', and ``P'' in Equation
FF-1 of paragraph (a).
    b. Revising the first sentence of paragraph (a)(2).
    c. Revising the definitions of ``Vi'', ``Ci'', Ti, and ``Pi'' in
equation FF-3 of paragraph (b).
    d. Revising the first sentence of parapraph (b)(1).
    e. Revising paragraph (c) introductory text.

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 Eq. FF-1 or Eq. FF-3, as
applicable.
* * * * *
    17. Section 98.324 is amended by:
    a. Revising paragraphs (b)(1) and (b)(2).
    b. Revising paragraph (c).
    c. Revising paragraph (d).
    d. Revising paragraph (e) introductory text.
    e. Revising paragraphs (g) and (h).

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 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 time and location of
the MSHA sampling, make measurements of temperature, pressure and
moisture content using the same procedures specified in paragraph
(b)(1) of this section. 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
gaseoue 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] TP04AU11.041

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.
    18. Section 98.325 is amended by revising the first sentence of
paragraph (b) as 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. * * *
    Section 98.326 is amended by:
    a. Revising paragraph (f).
    b. Revising paragraph (h).
    c. Revising paragraph (j).
    d. Revising paragraph (k).
    e. Revising paragraph (o).

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.
* * * * *
    (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.
* * * * *
    (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 Eq. FF-1 and FF-3, and the gaseous organic concentration
correction factor, if Equation FF-9 was required.
* * * * *

Subpart II--[Amended]

    19. 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. * * *
* * * * *
    20. Section 98.352 is amended by revising paragraph (d) 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.
    21. Section 98.353 is amended by:
    a. Revising paragraph (a)(2).
    b. Revising paragraph (c) introductory text and paragraph (c)(1)
introductory text.
    c. Revising the definitions of ``Rn'', ``Tm'', and ``Pm'' in
Equation II-4 of paragraph (c)(1).
    d. Revising paragraph (c)(2).
    e. Revising paragraph (d) introductory text.
    f. Revising the definition of ``Rn'' in Equation II-5 in paragraph
(d)(1).
    g. 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) * * *
    (2) If you measure the concentration of organic material entering
an anaerobic reactor or anaerobic lagoon using methods for the
determination of 5-day biochemical oxygen demand (BOD5),
then estimate annual mass of CH4 generated using Equation
II-2 of this section.
* * * * *
    (c) For each anaerobic sludge digester, anaerobic reactor, or
anaerobic lagoon from which some biogas is recovered, estimate the
annual mass of CH4 recovered according to the requirements
in paragraphs (c)(1) and (c)(2) of this section. To estimate the annual
mass of CH4 recovered, you must continuously monitor biogas
flow rate and determine the volume of biogas each week and the
cumulative volume of biogas each year that is collected and routed to a
destruction device as specified in Sec.  98.354(h). If the gas flow
meter is not equipped with automatic correction for temperature,
pressure, or, if necessary, moisture content, you must determine these
parameters as specified in paragraph (c)(2)(ii) of this section.
    (1) If you continuously monitor CH4 concentration (and
if necessary, temperature, pressure, and moisture content required as
specified in Sec.  98.354(f)) of the biogas that is collected and
routed to a destruction device using a monitoring meter specifically
for CH4 gas, as specified in Sec.  98.354(g), you must use
this monitoring system and calculate the quantity of CH4
recovered for destruction using Equation II-4 of this section. A fully
integrated system that directly reports CH4 quantity
requires only the summing of results of all monitoring periods for a
given year.
* * * * *

Rn = Annual quantity of CH4 recovered from the
nth anaerobic reactor, sludge digester, or lagoon (metric tons
CH4/yr)
* * * * *
Tm = Average temperature at which flow is measured for
the measurement period ([deg]R). If the flow rate meter
automatically corrects for temperature to 520[deg] R, replace
``520[deg] R/Tm'' with ``1''.
Pm = Average pressure at which flow is measured for the
measurement period (atm). If the flow rate meter automatically
corrects for pressure to 1 atm, replace ``Pm/1'' with
``1''.
* * * * *
    (2) If you do not continuously monitor CH4 concentration
according to paragraph(c)(1) of this section, you must determine the
CH4 concentration, temperature, pressure, and, if necessary,
moisture content of the biogas that is collected and routed to a
destruction device according to the requirements in paragraphs
(c)(2)(i) through (c)(2)(ii) of this section and calculate the quantity
of CH4 recovered for destruction using Equation II-4 of this
section.
    (i) Determine the CH4 concentration in the biogas that
is collected and routed to a destruction device in a location near or
representative of the location of the gas flow meter at least once each
calendar week; if only one measurement is made each calendar week,
there must be least three days between measurements. For a given
calendar week, you are not required to determine CH4
concentration if the cumulative volume of biogas for that calendar
week, determined as specified in paragraph (c) of this section, is
zero.
    (ii) If the gas flow meter is not equipped with automatic
correction for temperature, pressure, or, if necessary, moisture
content:
    (A) Determine the temperature and pressure in the biogas that is
collected and routed to a destruction device in a location near or
representative of the location of the gas flow meter at least once each
calendar week; if only one measurement is made each calendar week,
there must be at least three days between measurements.
    (B) If the CH4 concentration is determined on a dry
basis and biogas flow is determined on a wet basis, or CH4
concentration is determined on a wet basis and biogas flow is
determined on a dry basis, and the flow meter does not automatically
correct for moisture content, determine the moisture content in the
biogas that is collected and routed to a destruction device in a
location near or representative of the location of the gas flow meter
at least once each calendar week that the cumulative biogas flow
measured as specified in Sec.  98.354(h) is greater than zero; if only
one measurement is made each calendar week, there must be at least
three days between measurements.
    (d) For each anaerobic sludge digester, anaerobic reactor, or
anaerobic lagoon from which some quantity of biogas is recovered, you
must estimate both the annual mass of CH4 that is generated,
but not recovered, according to paragraph (d)(1) of this section and
the annual mass of CH4 emitted according to paragraph (d)(2)
of this section.
    (1) * * *

Rn = Annual quantity of CH4 recovered from the
nth anaerobic reactor, anaerobic lagoon, or anaerobic sludge
digester, as calculated in Equation II-4 of this section (metric
tons CH4).
* * * * *
    (2) For each anaerobic sludge digester, anaerobic reactor, or
anaerobic lagoon from which some quantity of biogas is recovered,
estimate the annual mass of CH4 emitted using Equation II-6
of this section.
[GRAPHIC] [TIFF OMITTED] TP04AU11.042

Where:

CH4En = Annual quantity of CH4
emitted from the process n from which biogas is recovered (metric
tons).
* * * * *

Rn = Annual quantity of CH4 recovered from the
nth anaerobic reactor or anaerobic sludge digester, as calculated in
Equation II-4 of this section (metric tons CH4).
DE1 = Primary destruction device CH4
destruction efficiency (lesser of manufacturer's specified
destruction efficiency and 0.99). If the biogas is

transported off-site for destruction, use DE=1.
fDest--1 = Fraction of hours the primary destruction
device was operating (device operating hours/hours in the year). If
the biogas is transported off-site for destruction, use
fDest=1.
* * * * *
    22. Section 98.354 is amended by:
    a. Revising the second sentence of paragraph (c).
    b. Revising paragraph (d) introductory text.
    c. Revising paragraph (f).
    d. Revising paragraph (g) introductory text.
    e. Revising paragraph (h) introductory text and paragraph (h)(5).
    f. Revising paragraph (k).

Sec.  98.354  Monitoring and QA/QC requirements.

    (c) * * * You must collect and analyze samples for COD or
BOD5 concentration at least once each calendar week that the
anaerobic wastewater treatment process is operating; if only one
measurement is made each calendar week, there must be at least three
days between measurements. * * *
    (d) You must measure the flowrate of wastewater entering anaerobic
wastewater treatment process at least once each calendar week that the
process is operating; if only one measurement is made each calendar
week, there must be at least three days between measurements. You must
measure the flowrate for the 24-hour period for which you collect
samples analyzed for COD or BOD5 concentration. The flow
measurement location must correspond to the location used to collect
samples analyzed for COD or BOD5 concentration. You must
measure the flowrate using one of the methods specified in paragraphs
(d)(1) through (d)(5) of this section or as specified by the
manufacturer.
* * * * *
    (f) For each anaerobic process (such as anaerobic reactor, sludge
digester, or lagoon) from which biogas is recovered, you must make the
measurements or determinations specified in paragraphs (f)(1) through
(f)(3) of this section.
    (1) You must continuously measure the biogas flow rate as specified
in paragraph (h) of this section and determine the cumulative volume of
biogas recovered.
    (2) You must determine the CH4 concentration of the
recovered biogas as specified in paragraph (g) of this section at a
location near or representative of the location of the gas flow meter.
You must determine CH4 concentration either continuously or
intermittently. If you determine the concentration intermittently, you
must determine the concentration at least once each calendar week that
the cumulative biogas flow measured as specified in paragraph (h) of
this section is greater than zero, with at least three days between
measurements.
    (3) As specified in Sec.  98.353(c) and paragraph (h) of this
section, you must determine temperature, pressure, and moisture content
as necessary to accurately determine the biogas flow rate and
CH4 concentration. You must determine temperature and
pressure if the gas flow meter or gas composition monitor do not
automatically correct for temperature or pressure. You must measure
moisture content of the recovered biogas if the biogas flow rate is
measured on a wet basis and the CH4 concentration is
measured on a dry basis. You must also measure the moisture content of
the recovered biogas if the biogas flow rate is measured on a dry basis
and the CH4 concentration is measured on a wet basis.
    (g) For each anaerobic process (such as an anaerobic reactor,
sludge digester, or lagoon) from which biogas is recovered, operate,
maintain, and calibrate a gas composition monitor capable of measuring
the concentration of CH4 in the recovered biogas using one
of the methods specified in paragraphs (g)(1) through (g)(6) of this
section or as specified by the manufacturer.
* * * * *
    (h) For each anaerobic process (such as an anaerobic reactor,
sludge digester, or lagoon) from which biogas is recovered, install,
operate, maintain, and calibrate a gas flow meter capable of
continuously measuring the volumetric flow rate of the recovered biogas
using one of the methods specified in paragraphs (h)(1) through (h)(8)
of this section or as specified by the manufacturer. Recalibrate each
gas flow meter either biennially (every 2 years) or at the minimum
frequency specified by the manufacturer. Except as provided in Sec.
98.353(c)(2)(iii), each gas flow meter must be capable of correcting
for the temperature and pressure and, if necessary, moisture content.
* * * * *
    (5) ASME MFC-11M-2006 Measurement of Fluid Flow by Means of
Coriolis Mass Flowmeters (incorporated by reference, see Sec.  98.7).
The mass flow must be corrected to volumetric flow based on the
measured temperature, pressure, and biogas composition.
* * * * *
    (k) If applicable, the owner or operator must document the
procedures used to ensure the accuracy of measurements of COD or
BOD5 concentration, wastewater flow rate, biogas flow rate,
biogas composition, temperature, pressure, and moisture content. These
procedures include, but are not limited to, calibration of gas flow
meters, and other measurement devices. The estimated accuracy of
measurements made with these devices must also be recorded, and the
technical basis for these estimates must be documented.
    23. Section 98.355 is amended by revising paragraph (b) to read as
follows:

Sec.  98.355  Procedures for estimating missing data.

* * * * *
    (b) For each missing value of the CH4 content or biogas
flow rates, the substitute data value must be the arithmetic average of
the quality-assured values of that parameter immediately preceding and
immediately following the missing data incident.
* * * * *
    24. Section 98.356 is amended by:
    a. Revising paragraph (a) introductory text.
    b. Revising paragraphs (b)(3) and (b)(4).
    c. Revising paragraph (d) introductory text and paragraphs (d)(2),
(d)(4), (d)(6), and (d)(8).

Sec.  98.356  Data reporting requirements.

    (a) A description or diagram of the industrial wastewater treatment
system, identifying the processes used to treat industrial wastewater
and industrial wastewater treatment sludge. Indicate how the processes
are related to each other and identify the anaerobic processes. Provide
a unique identifier for each anaerobic process, indicate the average
depth in meters of each anaerobic lagoon, and indicate whether biogas
generated by each anaerobic process is recovered. The anaerobic
processes must be identified as:
* * * * *
    (b) * * *
    (3) Maximum CH4 production potential (B0)
used as an input to Equation II-1 or II-2 of this subpart, from Table
II-1.
    (4) Methane conversion factor (MCF) used as an input to Equation
II-1 or II-2 of this subpart, from Table II-1.
* * * * *
    (d) For each anaerobic wastewater treatment process and anaerobic
sludge digester from which some biogas is recovered, you must report:
* * * * *
    (2) Total weekly volumetric biogas flow for each week (up to 52
weeks/

year) that biogas is collected for destruction.
* * * * *
    (4) Weekly average biogas temperature for each week at which flow
is measured for biogas collected for destruction, or statement that
temperature is incorporated into monitoring equipment internal
calcultations.
* * * * *
    (6) Weekly average biogas pressure for each week at which flow is
measured for biogas collected for destruction, or statement that
pressure is incorporated into monitoring equipment internal
calcultations.
* * * * *
    (8) Whether destruction occurs at the facility or off-site. If
destruction occurs at the facility, also report whether a back-up
destruction device is present at the facility, the annual operating
hours for the primary destruction device, the annual operating hours
for the back-up destruction device (if present), the destruction
efficiency for the primary destruction device, and the destruction
efficiency for the back-up destruction device (if present).
* * * * *

Subpart OO--[Amended]

    25. Section 98.416 is amended by removing and reserving paragraphs
(a)(8) and (a)(9) and revising paragraph (a)(10) to read as follows:

Sec.  98.416  Data reporting requirements.

* * * * *
    (a) * * *
    (8) [Reserved]
    (9) [Reserved]
    (10) Mass in metric tons of any fluorinated GHG or nitrous oxide
fed into the transformation process, by process.
* * * * *
    26. Section 98.417 is amended by adding paragraphs (a)(3) and
(a)(4) to read as follows:

Sec.  98.417  Records that must be retained.

    (a) * * *
    (3) Dated records of the total mass in metric tons of each reactant
fed into the F-GHG or nitrous oxide production process, by process.
    (4) Dated records of 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.
* * * * *

Subpart RR--[Amended]

    27. Section 98.442 is amended by revising paragraphs (e) and (f) to
read as follows:

Sec.  98.442  GHGs to report.

* * * * *
    (e) Mass of CO2 emissions from equipment leaks and
vented emissions of CO2 from surface equipment located
between the injection flow meter and the injection wellhead.
    (f) Mass of CO2 emissions from equipment leaks and
vented emissions of CO2 from surface equipment located
between the production flow meter and the production wellhead.
* * * * *
    28. Section 98.443 is amended by:
    a. Revising paragraph (d) introductory text.
    b. Revising paragraph (d)(3).
    c. Revising the definition of ``CO2FI'' and
``CO2FP'' in Equation RR-11 of paragraph (f)(1).
    d. Revising the definition of ``CO2FI'' in Equation RR-
12 of paragraph (f)(2).

Sec.  98.443  Calculating CO2 geologic sequestration.

* * * * *
    (d) You must calculate the annual mass of CO2 produced
from oil or gas production wells or from other fluid wells for each
separator that sends a stream of gas into a recycle or end use system
in accordance with the procedures specified in paragraphs (d)(1)
through (d)(3) of this section. You must account for any CO2
that is produced and not processed through a separator. You must
account only for wells that produce the CO2 that was
injected into the well or wells covered by this source category.
* * * * *
    (3) To aggregate production data, you must sum the mass of all of
the CO2 separated at each gas-liquid separator in accordance
with the procedure specified in Equation RR-9 of this section. You must
assume that the total CO2 measured at the separator(s)
represents a percentage of the total CO2 produced. In order
to account for the percentage of CO2 produced that is
estimated to remain with the produced oil or other fluid, you must
multiply the quarterly mass of CO2 measured at the
separator(s) by a percentage estimated using a methodology in your
approved MRV plan. If fluids containing CO2 from injection
wells covered under this source category are produced and not processed
through a gas-liquid separator, the concentration of CO2 in
the produced fluids must be measured at a flow meter located prior to
reinjection or reuse using methods in Sec.  98.444(f)(1). The
considerations you intend to use to calculate CO2 from
produced fluids for the mass balance equation must be described in your
approved MRV plan in accordance with Sec.  98.448(d)(5).
* * * * *
    (f) * * *
    (1) * * *

CO2FI = Total annual CO2 mass emitted (metric
tons) from equipment leaks and vented emissions of CO2
from equipment located on the surface between the flow meter used to
measure injection quantity and the injection wellhead, for which a
calculation procedure is provided in subpart W of this part.
CO2FP = Total annual CO2 mass emitted (metric
tons) from equipment leaks and vented emissions of CO2
from equipment located on the surface between the production
wellhead and the flow meter used to measure production quantity, for
which a calculation procedure is provided in subpart W of this part.
* * * * *
    (2) * * *

CO2FI = Total annual CO2 mass emitted (metric
tons) from equipment leaks and vented emissions of CO2
from equipment located on the surface between the flow meter used to
measure injection quantity and the injection wellhead.

    29. Section 98.444 is amended by revising the heading of paragraph
(d) to read as follows:

Sec.  98.444  Monitoring and QA/QC requirements.

* * * * *
    (d) CO2 emissions from equipment leaks and vented emissions of CO2.
* * *
* * * * *
    30. Section 98.445 is amended by revising paragraph (e) to read as
follows:

Sec.  98.445  Procedures for estimating missing data.

* * * * *
    (e) For any values associated with CO2 emissions from
equipment leaks and vented emissions of CO2 from surface
equipment at the facility that are reported in this subpart, missing
data estimation procedures should be followed in accordance with those
specified in subpart W of this part.
* * * * *
    31. Section 98.446 is amended by:
    a. Revising paragraph (a)(2) introductory text and (a)(3)
introductory text.
    b. Revising paragraph (e).
    c. Revising paragraph (f) introductory text.
    d. Revising paragraph (f)(1)(vii).
    e. Revising paragraphs (f)(3).

Sec.  98.446  Data reporting requirements.

    (a) * * *
    (2) If a volumetric flow meter is used to receive CO2
report the following unless you reported yes to paragraph (a)(4) of
this section:
* * * * *
    (3) If a mass flow meter is used to receive CO2 report
the following unless you reported yes to paragraph (a)(4) of this
section:
* * * * *
    (e) Report the date that you began collecting data for calculating
total amount sequestered according to Sec.  98.448(a)(7) of this
subpart.
    (f) 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.
    (1) * * *
    (vii) The standard used to calculate each value in paragraphs
(f)(1)(ii) through (f)(1)(iv) of this section.
* * * * *
    (3) For CO2 emissions from equipment leaks and vented
emissions of CO2, report the following:
    (i) The mass of CO2 emitted (in metric tons) annually
from equipment leaks and vented emissions of CO2 from
equipment located on the surface between the flow meter used to measure
injection quantity and the injection wellhead.
    (ii) The mass of CO2 emitted (in metric tons) annually
from equipment leaks and vented emissions of CO2 from
equipment located on the surface between the production wellhead and
the flow meter used to measure production quantity.
* * * * *
    32. Section 98.447 is amended by revising paragraphs (a)(5) and
(a)(6) to read as follows:

Sec.  98.447  Records that must be retained.

    (a) * * *
    (5) Annual records of information used to calculate the
CO2 emitted from equipment leaks and vented emissions of
CO2 from equipment located on the surface between the flow
meter used to measure injection quantity and the injection wellhead.
    (6) Annual records of information used to calculate the
CO2 emitted from equipment leaks and vented emissions of
CO2 from equipment located on the surface between the
production wellhead and the flow meter used to measure production
quantity.
* * * * *
    33. Section 98.448 is amended by revising paragraphs (a)(5) and (e)
to read as follows:

Sec.  98.448  Geologic sequestration monitoring, reporting, and
verification (MRV) plan.

    (a) * * *
    (5) A summary of the considerations you intend to use to calculate
site-specific variables for the mass balance equation. This includes,
but is not limited to, considerations for calculating CO2
emissions from equipment leaks and vented emissions of CO2
between the injection flow meter and injection well and/or the
production flow meter and production well, and considerations for
calculating CO2 in produced fluids.
* * * * *
    (e) Revised MRV plan. The requirements of paragraph (c) of this
section apply to any submission of a revised MRV plan. You must
continue reporting under your currently approved plan while awaiting
approval of a revised MRV plan.
* * * * *
    34. Section 98.449 is amended by revising the definition of
``CO2 received'' to read as follows:

Sec.  98.449  Definitions.

* * * * *
    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.
* * * * *

Subpart TT--[Amended]

    35. Section 98.460 is amended by revising paragraphs (c)(1) and
(c)(2)(i) to read as follows:

Sec.  98.460  Definition of the source category.

* * * * *
    (c) * * *
    (1) Construction and demolition waste landfills.
    (2) * * *
    (i) Coal combustion or incinerator ash (e.g., fly ash).
* * * * *
    36. Section 98.463 is amended by:
    a. In paragraph (a)(1), revising Equation TT-1 and revising the
definitions of ``GCH4'', ``DOCx'', ``MCF'', and
``Fx''.
    b. Revising paragraph (a)(2) introductory text.
    c. Revising paragraph (a)(2)(ii)(C).
    d. In paragraph (a)(2)(ii)(C), revising the definitions of
``Wx'', ``LFC'', and ``YrData'' in Equation TT-4.

Sec.  98.463  Calculating GHG emissions.

    (a) * * *
    (1) * * *
    [GRAPHIC] [TIFF OMITTED] TP04AU11.043

Where:

GCH4 = Modeled methane generation in reporting year T
(metric tons CH4).
* * * * *
DOCx = Degradable organic carbon for waste disposed in
year X from Table TT-1 of this subpart or from measurement data [as
specified in paragraph (a)(3) of this section], if available
[fraction (metric tons C/metric ton waste)].
* * * * *
MCF = Methane correction factor (fraction). Use the default value of
1 unless there is active aeration of waste within the landfill
during the reporting year. If there is active aeration of waste
within the landfill during the reporting year, use either the
default value of 1 or select an alternative value no less than 0.5
based on site-specific aeration parameters.
F = Fraction by volume of CH4 in landfill gas (fraction,
dry basis, corrected to 0% oxygen). If you have a gas collection
system, use the annual average CH4 concentration from
measurement data for the current reporting year; otherwise, use the
default value of 0.5.
* * * * *
    (2) Waste stream quantities. Determine annual waste quantities as
specified in paragraphs (a)(2)(i) through (ii) of this section for each
year starting with January 1, 1960 or the year the landfills first
accepted waste if after January 1, 1960, up until the most recent
reporting year. The choice of method for determining waste quantities
will vary according to the availability of historical data. Beginning
in the first emissions reporting year (2011 or later) and for each year
thereafter, use the

procedures in paragraph (a)(2)(i) of this section to determine waste
stream quantities. These procedures should also be used for any year
prior to the first emissions reporting year for which the data are
available. For other historical years, use paragraph (a)(2)(i) of this
section, where waste disposal records are available, and use the
procedures outlined in paragraph (a)(2)(ii) of this section when waste
disposal records are unavailable, to determine waste stream quantities.
Historical disposal quantities deposited (i.e., prior to the first year
in which monitoring begins) should only be determined once, as part of
the first annual report, and the same values should be used for all
subsequent annual reports, supplemented by the next year's data on new
waste disposal.
* * * * *
    (ii) * * *
    (C) For any year in which historic production or processing data
are not available such that historic waste quantities cannot be
estimated using Equation TT-3 of this section, calculate an average
annual bulk waste disposal quantity using Equation TT-4 of this
section.
* * * * *
Wx = Quantity of waste placed in the landfill in year X
(metric tons, wet basis). This annual bulk waste disposal quantity
applies for all years from ``YrOpen'' to ``YrData'' inclusive.
LFC = Capacity of the landfill used (or the total quantity of waste-
in-place) at the end of the ``YrData'' from design drawings or
engineering estimates (metric tons). For closed landfills for which
waste quantity data are not available, use the landfill's design
capacity.
YrData = The year prior to the year when waste disposal data are
first available from company records or from Equation TT-3 of this
section. For landfills for which waste quantity data are not
available, the year in which the landfill last received waste.
* * * * *
    37. Section 98.464 is amended by:
    a. Revising paragraph (b) introductory text.
    b. Revising paragraph (b)(1).
    c. Revising paragraph (b)(3).
    d. In paragraph (b)(4), revising the first sentence, redesignating
Equation TT-8 as Equation TT-7, and revising the definition of ``%
Volatile Solidsx'' and ``% Total Solidsx''.
    e. Redesignating paragraphs (c), (d),(e) and (f) as paragraphs (d),
(e), and (f) and (h) respectively.
    f. Adding paragraph (c).
    g. Adding paragraph (g).

Sec.  98.464  Monitoring and QA/QC requirements.

* * * * *
    (b) For each waste stream received during the reporting year for
which you choose to determine volatile solids concentration for the
purposes of Sec.  98.460(c)(2)(xii) or choose to determine a landfill-
specific DOCx for use in Equation TT-1 of this subpart, you
must collect and test a representative sample of that waste stream
using the methods specified in paragraphs (b)(1) through (b)(4) of this
section.
    (1) Develop and follow a sampling plan to collect a representative
sample of each waste stream (as received at the landfill) for which
testing is elected.
* * * * *
    (3) For the purposes of Sec.  98.460(c)(2)(xii), the volatile
solids concentration (weight percent on a dry basis) is the percent
volatile solids determined using Standard Method 2540G ``Total, Fixed,
and Volatile Solids in Solid and Semisolid Samples'' (incorporated by
reference; see Sec.  98.7).
    (4) Calculate the waste stream-specific DOCx value using
Equation TT-7 of this section.
[GRAPHIC] [TIFF OMITTED] TP04AU11.044

* * * * *
% Volatile Solidsx = Percent volatile solids determined
using Standard Method 2540G ``Total, Fixed, and Volatile Solids in
Solid and Semisolid Samples'' (incorporated by reference; see Sec.
98.7) for Year X [milligrams (mg) volatile solids per 100 mg dried
solids].
% Total Solidsx = Percent total solids determined using
Standard Method 2540G ``Total, Fixed, and Volatile Solids in Solid
and Semisolid Samples'' (incorporated by reference; see Sec.  98.7)
for Year X (mg dried solids per 100 mg wet waste).

    (c) For each waste stream for which you choose to determine
volatile solids concentration for the purposes of paragraph Sec.
98.460(c)(2)(xii), and that was historically managed in the landfill
but was not received during the first reporting year, you must
determine volatile solids concentration of the waste stream as
initially placed in the landfill using the methods specified in
paragraph (c)(1) or (c)(2) of this section, as applicable.
    (1) If you can identify a similar waste stream to the waste stream
that was historically managed in the landfill, you must determine the
volatile solids concentration of the similar waste stream using the
procedures in paragraphs (b)(1) through (b)(3) of this section.
    (2) If you cannot identify a similar waste stream to the waste
stream that was historically managed in the landfill, you may determine
the volatile solids concentration of the historically managed waste
stream using process knowledge. You must document the basis for
volatile solids concentration as determined through process knowledge.
    (d) For landfills with gas collection systems, operate, maintain,
and calibrate a gas composition monitor capable of measuring the
concentration of CH4 according to the requirements specified
at Sec.  98.344(b).
    (e) For landfills with gas collection systems, install, operate,
maintain, and calibrate a gas flow meter capable of measuring the
volumetric flow rate of the recovered landfill gas according to the
requirements specified at Sec.  98.344(c).
    (f) For landfills with gas collection systems, all temperature,
pressure, and if applicable, moisture content monitors must be
calibrated using the procedures and frequencies specified by the
manufacturer.
    (g) For landfills electing to measure the fraction by volume of
CH4 in landfill gas (F), follow the requirements in
paragraphs (g)(1) and (g)(2) of this section.
    (1) Use a gas composition monitor capable of measuring the
concentration of CH4 on a dry basis that is properly
operated, calibrated, and maintained according to the requirements
specified at Sec.  98.344(b). You must either use a gas composition
monitor that is also capable of measuring the O2
concentration correcting for excess (infiltration) air or you must
operate, maintain, and calibrate a second monitor capable of measuring
the O2 concentration on a dry basis according to the
manufacturer's specifications.
    (2) Use Equation TT-8 of this section to correct the measured
CH4 concentration to 0% oxygen. If multiple CH4
concentration measurements are made during the reporting year,
determine F separately for each

measurement made during the reporting year, and use the results to
determine the arithmetic average value of F for use in Equation TT-1 of
this part.
[GRAPHIC] [TIFF OMITTED] TP04AU11.045

Where:

F = Fraction by volume of CH4 in landfill gas (fraction,
dry basis, corrected to 0% oxygen).
CCH4 = Measured CH4 concentration in landfill
gas (volume %, dry basis).
20.9c = Defined O2 correction basis, (volume
%, dry basis).
20.9 = O2 concentration in air (volume %, dry basis).
%O2 = Measured O2 concentration in landfill
gas (volume %, dry basis).

    (h) The facility shall document the procedures used to ensure the
accuracy of the estimates of disposal quantities and, if the industrial
waste landfill has a gas collection system, gas flow rate, gas
composition, temperature, pressure, and moisture content measurements.
These procedures include, but are not limited to, calibration of
weighing equipment, fuel flow meters, and other measurement devices.
The estimated accuracy of measurements made with these devices shall
also be recorded, and the technical basis for these estimates shall be
provided.
    38. Section 98.466 is amended by:
    a. Revising paragraph (b) introductory text.
    b. Revising paragraph (b)(2).
    c. Adding paragraphs (b)(3) and (b)(4).
    d. Revising paragraph (c)(3)(ii).
    e. Revising paragraph (d).
    f. Revising paragraph (f).
    g. Revising paragraph (g)(1).

Sec.  98.466  Data reporting requirements.

* * * * *
    (b) Report the following waste characterization and modeling
information:
* * * * *
    (2) A description of each waste stream (including the types of
materials in each waste stream) for which Equation TT-1 of this subpart
is used to calculate modeled CH4 generation.
    (3) The fraction of CH4 in the landfill gas, F, (volume
fraction, dry basis, corrected to 0% oxygen) for the reporting year and
an indication as to whether this was the default value or a value
determined through measurement data.
    (4) The methane correction factor (MCF) value used in the
calculations. If an MCF value other than the default of 1 is used,
provide a description of the aeration system, including aeration blower
capacity, the fraction of the landfill containing waste affected by the
aeration, the total number of hours during the year the aeration blower
was operated, and other factors used as a basis for the selected MCF
value.
    (c) * * *
    (3) * * *
    (ii) 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).
* * * * *
    (d) 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:
    (1) The calendar year for which the following data elements apply.
    (2) The quantity of waste (Wx) disposed of in the
landfill (metric tons, wet weight) for the specified year for each
waste stream identified in paragraph (b) of this section.
    (3) The degradable organic carbon (DOCx) value (mass
fraction) for the specified year and an indication as to whether this
was the default value from Table TT-1 of this subpart or a value
determined through sampling and calculation for each waste stream
identified in paragraph (b) of this section.
* * * * *
    (f) The modeled annual methane generation (GCH4) for the
reporting year (metric tons CH4) calculated using Equation
TT-1 of this subpart.
    (g) * * *
    (1) The annual methane emissions (i.e., the methane generation
(MG), adjusted for oxidation, calculated using Equation TT-6 of this
subpart), reported in metric tons CH4.
* * * * *
    39. Section 98.467 is revised to read as follows:

Sec.  98.467  Records that must be retained.

    In addition to the information required by Sec.  98.3(g), you must
retain the calibration records for all monitoring equipment, including
the method or manufacturer's specification used for calibration, and
all total and volatile solids concentration measurement data used for
the purposes of paragraph Sec.  98.460(c)(2)(xii) or used to determine
landfill-specific DOCx values.
    40. Section 98.468 is amended by adding the definitions for
``Construction and demolition (C&D) waste landfill'' and ``Design
capacity'' to read as follows:

Sec.  98.468  Definitions.

* * * * *
    Construction and demolition (C&D) waste landfill means a solid
waste disposal facility subject to the requirements of subparts A or B
of part 257 of this chapter that receives construction and demolition
waste and does not receive hazardous waste (defined in Sec.  261.3 of
this chapter) or industrial solid waste (defined in Sec.  258.2 of this
chapter) or municipal solid waste (defined in Sec.  98.6 of this part)
other than residential lead-based paint waste. A C&D waste landfill
typically receives any one or more of the following types of solid
wastes: roadwork material, excavated material, demolition waste,
construction/renovation waste, and site clearance waste.
    Design capacity means the maximum amount of solid waste a landfill
can accept, as indicated in terms of volume or mass in the most recent
permit issued by the State, local, or Tribal agency responsible for
regulating the landfill, plus any in-place waste not accounted for in
the most recent permit. If the owner or operator chooses to convert the
design capacity from volume to mass to determine its design capacity,
the calculation must include a site specific density, which must be
recalculated annually.
* * * * *
    41. Table TT-1 of Subpart TT is amended by revising the entries for
``Construction and Demolition'' and ``Inert Waste [i.e., wastes listed
in Sec.  98.460(c)(2)]'' to read as follows:

           Table TT-1 of Subpart TT--Default DOC and Decay Rate Values for Industrial Waste Landfills
----------------------------------------------------------------------------------------------------------------
                                                                  DOC                        k
                                                                (weight      K  [dry     [moderate     k  [wet
                     Industry/waste type                       fraction,     climate      climate      climate
                                                               wet basis)  \a\] (yr-1)  \a\] (yr-1)  \a\] (yr-1)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Construction and Demolition.................................         0.08         0.02         0.03         0.04
Inert Waste [i.e., wastes listed in Sec.   98.460(c)(2)]....            0            0            0            0

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ The applicable climate classification is determined based on the annual rainfall plus the recirculated
  leachate application rate. Recirculated leachate application rate (in inches/year) is the total volume of
  leachate recirculated from company records or engineering estimates and applied to the landfill divided by the
  area of the portion of the landfill containing waste [with appropriate unit conversions].
(1) Dry climate = precipitation plus recirculated leachate less than 20 inches/year.
(2) Moderate climate = precipitation plus recirculated leachate from 20 to 40 inches/year (inclusive).
(3) Wet climate = precipitation plus recirculated leachate greater than 40 inches/year.
Alternatively, landfills that use leachate recirculation can elect to use the k value for wet climate rather
  than calculating the recirculated leachate rate.

[FR Doc. 2011-18712 Filed 8-3-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Notices]
[Pages 47832-47833]
[FR Doc No: 2012-19620]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP10-996-000.
    Applicants: Dominion Cove Point LNG, LP.
    Description: DCP--2012 Report of Operational Sales and Purchase of
Gas.
    Filed Date: 7/25/12.
    Accession Number: 20120725-5029.
    Comments Due: 5 p.m. ET 8/6/12.

    Docket Numbers: RP12-821-000.
    Applicants: Eastern Shore Natural Gas Company.
    Description: On 6/27/2012 Fuel Retention and Cash-Out Refund Report
of Eastern Shore Natural Gas Company. On 6/29/2012 Revised GRO/Cash-Out
Refund Allocations Appendix D--Schedule 1 of Eastern Shore Natural Gas
Company.
    Filed Date: 6/29/12.
    Accession Number: 20120627-5120; 20120629-5291.
    Comments Due: 5 p.m. ET 7/11/12.

    Docket Numbers: RP12-875-000.
    Applicants: Dauphin Island Gathering Partners.
    Description: 2012 Cash-Out Report of Dauphin Island Gathering
Partners.
    Filed Date: 7/19/12.
    Accession Number: 20120719-5152.
    Comments Due: 5 p.m. ET 7/31/12.

    Docket Numbers: RP12-880-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Filed Date: 7/23/12.
    Accession Number: 20120723-5219.
    Comments Due: 5 p.m. ET 8/6/12.

    Docket Numbers: RP12-908-000.
    Applicants: TC Offshore LLC.
    Description: TC Offshore Baseline to be effective 12/31/9998.
    Filed Date: 8/1/12.
    Accession Number: 20120801-5060.
    Comments Due: 5 p.m. ET 8/13/12.

    Docket Numbers: RP12-909-000.
    Applicants: CenterPoint Energy Gas Transmission Comp.
    Description: CEGT LLC--August 2012 Negotiated Rate Filing to be
effective 8/1/2012.
    Filed Date: 8/1/12.
    Accession Number: 20120801-5071.
    Comments Due: 5 p.m. ET 8/13/12.

    Docket Numbers: RP12-910-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Mid-South Expansion Project Initial Rates to be
effective 9/1/2012.
    Filed Date: 8/1/12.
    Accession Number: 20120801-5080.
    Comments Due: 5 p.m. ET 8/13/12.

    Docket Numbers: RP12-911-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Imbalance Resolution Procedures to be effective 9/1/
2012.
    Filed Date: 8/1/12.
    Accession Number: 20120801-5085.
    Comments Due: 5 p.m. ET 8/13/12.

    Docket Numbers: RP12-912-000.
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Maritimes & Northeast Pipeline, L.L.C. submits tariff
filing per 154.204: Balancing Provisions to be effective 9/1/2012.
    Filed Date: 8/1/12.
    Accession Number: 20120801-5088.
    Comments Due: 5 p.m. ET 8/13/12.

    Docket Numbers: RP12-913-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Imbalance Resolution Procedures to be effective 9/1/
2012.
    Filed Date: 8/1/12.
    Accession Number: 20120801-5092.
    Comments Due: 5 p.m. ET 8/13/12.

    Docket Numbers: RP12-914-000.
    Applicants: Wyoming Interstate Company, L.L.C.
    Description: WIC FL&U Filing dated August 1, 2012 to be effective
9/1/2012.
    Filed Date: 8/1/12.
    Accession Number: 20120801-5102.
    Comments Due: 5 p.m. ET 8/13/12.

    Docket Numbers: RP12-915-000.
    Applicants: Petal Gas Storage, L.L.C.
    Description: Changes to Billing and Payment Section to be effective
9/1/2012.
    Filed Date: 8/1/12.
    Accession Number: 20120801-5106.
    Comments Due: 5 p.m. ET 8/13/12.

    Docket Numbers: RP12-916-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Negotiated Rates--Mid South Expansion to be effective
9/1/2012.
    Filed Date: 8/1/12.
    Accession Number: 20120801-5110.
    Comments Due: 5 p.m. ET 8/13/12.

    Docket Numbers: RP12-917-000.
    Applicants: Sabine Pipe Line LLC.
    Description: Sabine Tariff Filing Section 7.25 to be effective 9/1/
2012.
    Filed Date: 8/1/12.
    Accession Number: 20120801-5118.
    Comments Due: 5 p.m. ET 8/13/12.

    Docket Numbers: RP12-918-000.
    Applicants: Northwest Pipeline GP.
    Description: JP Final Incremental Storage Rates to be effective 9/
1/2012.
    Filed Date: 8/1/12.
    Accession Number: 20120801-5136.
    Comments Due: 5 p.m. ET 8/13/12.

    Docket Numbers: RP12-919-000
    Applicants: Trailblazer Pipeline Company LLC.
    Description: 2012-08-01 NC K's Mieco, CIMA, Enserco to be effective
8/2/2012.
    Filed Date: 8/1/12.
    Accession Number: 20120801-5140.
    Comments Due: 5 p.m. ET 8/13/12.

    Docket Numbers: RP12-920-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: 2012-08-01 Amendment to NC K ConocoPhillips to be
effective 8/2/2012.
    Filed Date: 8/1/12.
    Accession Number: 20120801-5141.
    Comments Due: 5 p.m. ET 8/13/12.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and Sec.  385.214) on or
before 5 p.m. Eastern time on the specified comment date. Protests may
be considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP06-298-016.
    Applicants: Public Service Commission of New York v.
    Description: Semi-Annual Report of Operational Sales of Gas filed
by National Fuel Gas Supply Corporation.
    Filed Date: 7/3/12.
    Accession Number: 20120703-5128.
    Comments Due: 5 p.m. ET 7/16/12.

    Docket Numbers: RP12-808-001.
    Applicants: Northern Natural Gas Company.
    Description: 20120801 Miscellaneous Compliance Filing to be
effective 7/19/2012.
    Filed Date: 8/1/12.
    Accession Number: 20120801-5126.
    Comments Due: 5 p.m. ET 8/13/12.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5 p.m. Eastern time on the specified comment
date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service can be found at:
http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other
information, call<PHONE_NUMBER> (toll free). For TTY, call (202) 502-
8659.

    Dated August 2, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary
[FR Doc. 2012-19620 Filed 8-9-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 231 (Thursday, December 1, 2016)]
[Rules and Regulations]
[Pages 86579-86581]
[FR Doc No: 2016-28884]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0919; FRL-9952-88]

Muscodor albus Strain SA-13 and the Volatiles Produced on
Rehydration; Exemption From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of Muscodor albus strain SA-13 and the
volatiles produced on rehydration in and on all food commodities when
used in accordance with label directions and good agricultural
practices. Marrone Bio Innovations, Inc. submitted a petition to EPA
under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an
exemption from the requirement of a tolerance. This regulation
eliminates the need to establish a maximum permissible level for
residues of Muscodor albus strain SA-13 and the volatiles produced on
rehydration under FFDCA.

DATES: This regulation is effective December 1, 2016. Objections and
requests for hearings must be received on or before January 30, 2017,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2014-0919, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room 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 OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; main telephone

number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2014-0919 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
January 30, 2017. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2014-0919, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background

    In the Federal Register of January 28, 2015 (80 FR 4527) (FRL-9921-
55), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 4F8271) by Marrone Bio Innovations, Inc. (MBI), 2121
Second Street, Suite B-107, Davis, CA 95618. The petition requested
that 40 CFR part 180 be amended by establishing an exemption from the
requirement of a tolerance for residues of sterile grain inoculated
with Muscodor albus strain SA-13 in or on all food commodities. That
document referenced a summary of the petition prepared by the
petitioner MBI, which is available in the docket via http://www.regulations.gov. There were no comments received in response to
this notice of filing.
    EPA revised the active ingredient name from ``sterile grain
inoculated with Muscodor albus strain SA-13'' to ``Muscodor albus
strain SA-13 and the volatiles produced on rehydration.'' The reason
for this change is explained in Unit III.C.

III. Final Rule

A. EPA's Safety Determination

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings but does not include
occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
FFDCA section 408(b)(2)(C), which require EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance or tolerance exemption and
to ``ensure that there is a reasonable certainty that no harm will
result to infants and children from aggregate exposure to the pesticide
chemical residue . . . .'' Additionally, FFDCA section 408(b)(2)(D)
requires that EPA consider ``available information concerning the
cumulative effects of ``[a particular pesticide's]'' . . . residues and
other substances that have a common mechanism of toxicity.''
    EPA evaluated the available toxicity and exposure data on Muscodor
albus strain SA-13 and the volatiles produced on rehydration and
considered its validity, completeness, and reliability, as well as the
relationship of this information to human risk. A full explanation of
the data upon which EPA relied and its risk assessment based on that
data can be found within the November 8, 2016, document entitled
``Federal Food, Drug, and Cosmetic Act (FFDCA) Considerations for
Muscodor albus Strain SA-13 and the Volatiles Produced on
Rehydration.'' This document, as well as other relevant information, is
available in the docket for this action as described under ADDRESSES.
    Based upon its evaluation, EPA concludes that Muscodor albus strain
SA-13 is not toxic, is not pathogenic, and is not infective. Further,
the volatiles produced by Muscodor albus strain SA-13 are not toxic.
Although there may be some exposure to residues of Muscodor albus
strain SA-13 when used as a fungicide, nematocide, insecticide or
bactericide on food, there is no potential for adverse effects due to
the lack of toxicity, pathogenicity, or infectivity. EPA also
determined that retention of the Food Quality Protection Act Safety
Factor (FQPA SF) was not necessary as part of the qualitative
assessment conducted for Muscodor albus strain SA-13 and the volatiles
produced on rehydration.
    Based upon its evaluation, EPA concludes that there is a reasonable
certainty that no harm will result to the U.S. population, including
infants and children, from aggregate exposure to

residues of Muscodor albus strain SA-13 and the volatiles produced on
rehydration. Therefore, an exemption from the requirement of a
tolerance is established for residues of Muscodor albus strain SA-13
and the volatiles produced on rehydration in or on all food commodities
when used in accordance with label directions and good agricultural
practices.

B. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes
because EPA is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

C. Revision to the Requested Tolerance Exemption

    One modification has been made to the requested tolerance
exemption. When MBI first submitted this petition in 2014, it described
the pesticide chemical as ``sterile grain inoculated with Muscodor
albus strain SA-13.'' After conducting a review of this petition and
evaluating a tolerance exemption established in 2005 for another strain
of Muscodor albus (QST 20799) (70 FR 56569), which has the same mode of
action as Muscodor albus strain SA-13, EPA is changing the pesticide
chemical name to ``Muscodor albus strain SA-13 and the volatiles
produced on rehydration.'' This revision better reflects the possible
residues that may occur on food commodities and the data/information
submitted to support the petition.

IV. Statutory and Executive Order Reviews

    This action establishes a tolerance exemption under FFDCA section
408(d) in response to a petition submitted to EPA. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance
exemption in this action, do not require the issuance of a proposed
rule, the requirements of the Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.) do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes. As a result, this
action does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, EPA has determined that this
action will not have a substantial direct effect on States or tribal
governments, on the relationship between the national government and
the States or tribal governments, or on the distribution of power and
responsibilities among the various levels of government or between the
Federal Government and Indian tribes. Thus, EPA has determined that
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10,
1999), and Executive Order 13175, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9,
2000), do not apply to this action. In addition, this action does not
impose any enforceable duty or contain any unfunded mandate as
described under Title II of the Unfunded Mandates Reform Act (UMRA) (2
U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require EPA's consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
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 United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: November 15, 2016.
Jack Housenger,
Director, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Add Sec.  180.1340 to subpart D to read as follows:

Sec.  180.1340  Muscodor albus strain SA-13 and the volatiles produced
on rehydration; exemption from the requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for
residues of Muscodor albus strain SA-13 and the volatiles produced on
rehydration in or on all food commodities when used in accordance with
label directions and good agricultural practices.

[FR Doc. 2016-28884 Filed 11-30-16; 8:45 am]
 BILLING CODE 6560-50-P


From:
Gammon, Marian<EMAIL_ADDRESS>Sent:
Friday, August 5, 2016 3:30 PM
To:
Jones, DonnaLee<EMAIL_ADDRESS>Raymond, Gabrielle<EMAIL_ADDRESS>Cc:
Zavoda, Rich<EMAIL_ADDRESS>Hill, John R<EMAIL_ADDRESS>Foster, Jeff<EMAIL_ADDRESS>Hauge, Eric<EMAIL_ADDRESS>Subject:
Coke MACT ICR submittal, ArcelorMittal Warren sections I-III and attachments email #1

Dr. Jones,

Find attached in email #1 Coke ICR survey answers  parts I, II, and III.  Part II question #16 attachments, and Part III reports attached for  2016.  The two (2) additional emails will contain  2014 third quarter, fourth quarter and second half, and all of 2015 reports completing our present submission for :

ArcelorMittal Warren
Marian M. Gammon | Environmental Manager
ArcelorMittal Warren
ArcelorMittal Warren  | 2234 Main Ave, Warren, Ohio 44481
T |<PHONE_NUMBER> C |<PHONE_NUMBER> F|<PHONE_NUMBER>
www.arcelormittal.com
P    Please consider the environment before printing this email. ArcelorMittal encourages environmental awareness.

<< WarrenCoke-Encl-1-Quest Ans File_ALL-Part_04 01 16 Sect I II III 8 5 16.xlsx >>
<< Emission Unit B901 2014 summary.pdf >>
<< Emission Unit P001 2015 summary.pdf >>
<< Emission Unit B901 2015 summary.pdf >>
<< Emission Unit P001 2014 summary.pdf >>
<< AM Warren Battery PQBS MACT 1H__2016.pdf >>
<< AMWarren_2016_Q2_Title V.pdf >>
<< AM Warren Title V 1 Half 2016.pdf >>
<< AMWarren_2016_Q2_Battery_Stack_MACT.pdf >>
<< AM Warren Battery_Flare_1st Half 16.pdf >>
<< AM Warren PQBS MACT_1Q16.pdf >>
<< AMWarren Title V 1Q16.pdf >>