[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Rules and Regulations]
[Pages 73749-73796]
[FR Doc No: 2014-28444]

Vol. 79

Thursday,

No. 238

December 11, 2014

Part III

Environmental Protection Agency

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40 CFR Part 98

Greenhouse Gas Reporting Program: Addition of Global Warming Potentials
to the General Provisions and Amendments and Confidentiality
Determinations for Fluorinated Gas Production; Final Rule

Federal Register / Vol. 79 , No. 238 / Thursday, December 11, 2014 /
Rules and Regulations

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2009-0927; FRL-9919-70-OAR]
RIN 2060-AR78

Greenhouse Gas Reporting Program: Addition of Global Warming
Potentials to the General Provisions and Amendments and Confidentiality
Determinations for Fluorinated Gas Production

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is adding chemical-
specific and default global warming potentials (GWPs) for a number of
fluorinated greenhouse gases (F-GHGs) and fluorinated heat transfer
fluids (F-HTFs) to the general provisions of the Greenhouse Gas
Reporting Rule. Currently, these fluorinated GHGs and HTFs are not
assigned GWPs under the rule. The changes will increase the
completeness and accuracy of the carbon dioxide (CO2)-
equivalent emissions calculated and reported by suppliers and emitters
of fluorinated GHGs and HTFs. The EPA is also making conforming changes
to the provisions for the Electronics Manufacturing and Fluorinated Gas
Production source categories. In addition, the EPA is amending certain
provisions of the Fluorinated Gas Production source category to reduce
the level of detail in which emissions are reported, eliminate the
mass-balance emission calculation method, and clarify the emission
factor method. These amendments also include an alternative
verification approach for this source category in lieu of collecting
certain data elements for which the EPA has identified disclosure
concerns and for which the reporting deadline was deferred until March
31, 2015. In addition, this action establishes confidentiality
determinations for certain reporting requirements of the Fluorinated
Gas Production source category.

DATES: This final rule is effective on January 1, 2015.

ADDRESSES: 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, will
be publicly available only in hard copy. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy at the Air Docket, EPA WJC West
Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC. This
Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER> and the telephone number for the Air
Docket is<PHONE_NUMBER>.

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

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

           Table 1--Examples of Affected Entities by Category
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                                                   Examples of affected
            Category                  NAICS             facilities
------------------------------------------------------------------------
Electrical Equipment Use.......          221121  Electric bulk power
                                                  transmission and
                                                  control facilities.
Electrical Equipment                      33531  Power transmission and
 Manufacture or Refurbishment.                    distribution
                                                  switchgear and
                                                  specialty transformers
                                                  manufacturing
                                                  facilities.
Electronics Manufacturing......          334111  Microcomputers
                                                  manufacturing
                                                  facilities.
                                         334413  Semiconductor,
                                                  photovoltaic (solid-
                                                  state) device
                                                  manufacturing
                                                  facilities.
                                         334419  Liquid crystal display
                                                  unit screens
                                                  manufacturing
                                                  facilities.
                                         334419  Micro-electro-
                                                  mechanical systems
                                                  manufacturing
                                                  facilities.
Fluorinated Gas Production.....          325120  Industrial gases
                                                  manufacturing
                                                  facilities.
Importers and Exporters of Pre-          423730  Air-conditioning
 charged Equipment and Closed-           333415   equipment (except room
 Cell Foams.                                      units) merchant
                                                  wholesalers.
                                                 Air-conditioning
                                                  equipment (except
                                                  motor vehicle)
                                                  manufacturing.
                                         336391  Motor vehicle air-
                                                  conditioning
                                                  manufacturing.
                                         423620  Air-conditioners, room,
                                                  merchant wholesalers.
                                         443111  Household appliance
                                                  stores.
                                         423730  Automotive air-
                                                  conditioners merchant
                                                  wholesalers.
                                         326150  Polyurethane foam
                                                  products
                                                  manufacturing.
                                         335313  Circuit breakers,
                                                  power, manufacturing.
                                         423610  Circuit breakers
                                                  merchant wholesalers.
Magnesium Production...........          331419  Primary refiners of
                                                  nonferrous metals by
                                                  electrolytic methods.
------------------------------------------------------------------------

    Table 1 of this preamble is not intended to be exhaustive, but
rather provides a guide for readers regarding facilities likely to be
affected by this action. Types of facilities different from 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 subparts I, L, T, DD,

SS, OO, and QQ. If you have questions regarding the applicability of
this action to a particular facility, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
    What is the effective date? The final rule is effective on January
1, 2015. Section 553(d) of the Administrative Procedure Act (APA), 5
U.S.C. Chapter 5, generally provides that rules may not take effect
earlier than 30 days after they are published in the Federal Register.
EPA is issuing this final rule under section 307(d)(1) of the Clean Air
Act, which states: ``The provisions of section 553 through 557 * * * of
Title 5 shall not, except as expressly provided in this section, apply
to actions to which this subsection applies.'' Thus, section 553(d) of
the APA does not apply to this rule. EPA is nevertheless acting
consistently with the purposes underlying APA section 553(d) in making
this rule effective on January 1, 2015. Section 5 U.S.C. 553(d)(3)
allows an effective date less than 30 days after publication ``as
otherwise provided by the agency for good cause found and published
with the rule.'' As explained below, EPA finds that there is good cause
for this rule to become effective on January 1, 2015, even though this
may result in an effective date fewer than 30 days from date of
publication in the Federal Register.
    While this action is being signed prior to December 1, 2014, there
is likely to be a significant delay in the publication of this rule as
it contains complex equations and tables and is relatively long. As an
example, then-Acting Administrator Bob Perciasepe signed the proposed
2013 Revisions Rule on March 8, 2013, but the proposed rule was not
published in the Federal Register until April 2, 2013.
    The purpose of the 30-day waiting period prescribed in 5 U.S.C.
553(d) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. To employ the
5 U.S.C. 553(d)(3) ``good cause'' exemption, an agency must ``balance
the necessity for immediate implementation against principles of
fundamental fairness which require that all affected persons be
afforded a reasonable amount of time to prepare for the effective date
of its ruling.'' \1\ Where, as here, the final rule will be signed and
made available on the EPA Web site more than 30 days before the
effective date, but where the publication is likely to be delayed due
to the complexity and length of the rule, the regulated entities are
afforded this reasonable amount of time. This is particularly true
given that most of the revisions being made in this package provide
flexibilities to sources covered by the reporting rule or require no
additional action by affected sources. We do not anticipate that
finalizing the GWPs in this action will expand the set of facilities
required to report under the Greenhouse Gas Reporting rule. However, in
the event that this occurs, these amendments include flexibility
provisions such as Best Available Monitoring Methods. We balance these
circumstances with the need for the amendments to be effective by
January 1, 2015; a delayed effective date would result in regulatory
uncertainty, program disruption, and an inability to have the
amendments (many of which clarify requirements, relieve burden, and/or
are made at the request of the regulated facilities) effective for the
2015 reporting year. Accordingly, we find good cause exists to make
this rule effective on January 1, 2015, consistent with the purposes of
5 U.S.C. 553(d)(3).
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    \1\ Omnipoint Corp. v. FCC, 78 F3d 620, 630 (D.C. Cir. 1996),
quoting U.S. v. Gavrilovic, 551 F.2d 1099, 1105 (8th Cir. 1977).
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    Judicial Review. Under CAA section 307(b)(1), 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 February 9, 2015. 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, EPA WJC West
Building, 1200 Pennsylvania Ave. NW., Washington, DC 20460, with a copy
to the person listed in the preceding FOR FURTHER 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 that 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.

APA Administrative Procedure Act
AR4 IPCC Fourth Assessment Report
AR5 IPCC Fifth Assessment Report
CAA Clean Air Act
CBI confidential business information
CFC chlorofluorocarbon
CFR Code of Federal Regulations
CH4 methane
CO2 carbon dioxide
CO2e carbon dioxide equivalent
DE destruction efficiency
EAR Export Administration Regulations
EF emission factor
ECF emission calculation factor
e-GGRT Electronic Greenhouse Gas Reporting Tool
EPA U.S. Environmental Protection Agency
FR Federal Register
F-GHG fluorinated greenhouse gas
F-HTF fluorinated heat transfer fluid
GHG greenhouse gas
GHGRP Greenhouse Gas Reporting Program
GWP global warming potential
HCFC hydrochlorofluorocarbon
HCFE hydrochlorofluoroether
HFC hydrofluorocarbon
HFE hydrofluoroether
HQ Headquarters
IPCC Intergovernmental Panel on Climate Change
Kg kilograms
Mscf thousand standard cubic feet
mtCO2e metric tons carbon dioxide equivalent
N2O nitrous oxide
NAICS North American Industry Classification System
NF3 nitrogen trifluoride
NODA Notice of Data Availability
NTTAA National Technology Transfer and Advancement Act of 1995
OMB Office of Management and Budget
PFC perfluorocarbon
RFA Regulatory Flexibility Act
RY reporting year
SAR Second Assessment Report
SF6 sulfur hexafluoride
TAR Third Assessment Report
TPY tons per year
UMRA Unfunded Mandates Reform Act of 1995
UNFCCC United Nations Framework Convention on Climate Change
U.S. United States
WWW Worldwide Web

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

I. Background
    A. How is this preamble organized?
    B. Overview of Previously Proposed Actions Being Finalized in
This Final Rule
    C. Background on the GHG Reporting Rule
    D. Legal Authority
    E. Summary of Final Amendments
    F. When will these amendments apply?
    G. Relationship Between This Final Rule, the Proposed Rule To
Add GWPs to

Table A-1, and the Proposed Amendments to Subpart L
    H. How will these amendments affect confidentiality
determinations?
II. Overview of Final Amendments and Responses to Public Comments
    A. Amendments to Table A-1
    B. Amendments to Subpart L Reporting Requirements
    C. Removal of the Mass-Balance Method From Subpart L
    D. Clarification of the Subpart L Emission Factor Method
III. Overview and Approach to Final CBI Determinations
    A. Final Confidentiality Determinations for New, Revised, and
Unchanged Data Elements
    B. Public Comments on the Proposed Confidentiality
Determinations and Responses to Public Comment
IV. Impacts of the Final Rule
    A. How were the costs of this final rule estimated?
    B. Do the final confidentiality determinations change the
impacts of the final amendments?
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act

I. Background

A. How is this preamble organized?

    The first section of this preamble contains an overview of the
previously proposed actions being finalized by today's final rule,
background information regarding the Greenhouse Gas Reporting Program
(GHGRP), an overview of the final amendments, information on when the
amendments become effective, how this rule affects confidentiality
determinations, and how this rule relates to other GHG reporting
actions. This section also discusses the EPA's use of our legal
authority under the CAA to collect data under the Greenhouse Gas
Reporting Rule, hereinafter referred to as the ``GHG Reporting Rule''
or ``Part 98.''
    The second section of this preamble is organized by the provisions
being amended (e.g., addition of chemical-specific and default GWPs to
the general provisions, emission reporting requirements for fluorinated
gas production, etc.). For each set of provisions, the preamble
describes the amendments that are being finalized, summarizes the
changes since the proposed rule(s), summarizes the significant public
comments received, and presents the EPA's response to those comments.
Additional comments and responses can be found in the document,
``Response to Public Comments on Proposed Addition of GWPs to Subpart A
and Proposed Amendments to Subpart L'' in Docket number EPA-HQ-OAR-
2009-0927.
    The third section of this preamble discusses the confidentiality
determinations for the data reporting elements in subpart L as amended
by today's action.
    The fourth section of this preamble discusses the economic impacts
of the amendments.
    Finally, the fifth section of this preamble discusses the various
statutory and executive order requirements applicable to this action.

B. Overview of Previously Proposed Actions Being Finalized in This
Final Rule

    In today's final rule, we are finalizing amendments and
determinations proposed in four separate previous actions. The
amendments and determinations that we are finalizing from three of
these actions are specifically related to Fluorinated Gas Production
(subpart L). The four actions include, in chronological order:
     The proposed rule entitled ``Proposed Confidentiality
Determinations for Data Elements Under the Mandatory Reporting of
Greenhouse Gases Rule'' (hereinafter referred to as ``2012 Proposed
Confidentiality Determinations''), published on January 10, 2012 (77 FR
1434). As discussed further in Section III of this preamble, we are
finalizing many of the confidentiality determinations that were
proposed in that action for the subpart L data elements that are not
being removed or substantially revised elsewhere in this action.
     The proposed rule entitled ``Revisions to Reporting and
Recordkeeping Requirements, and Proposed Confidentiality Determinations
Under the Greenhouse Gas Reporting Program'' (hereinafter referred to
as the ``Proposed Inputs Rule''), published on September 11, 2013 (78
FR 55994). We are finalizing the revisions proposed in that action to
the subpart L reporting and recordkeeping requirements, with certain
changes as discussed in Section II.B of this preamble.
     The proposed rule entitled ``Greenhouse Gas Reporting
Program: Amendments and Confidentiality Determinations for Fluorinated
Gas Production'' (hereinafter referred to as ``Proposed Amendments to
Subpart L''), published on November 19, 2013 (78 FR 69337). We are
finalizing that action, including the proposed confidentiality
determinations for new or substantially revised data elements, with
certain changes as discussed in Sections II.B and III of this preamble.
     The proposed rule entitled ``Greenhouse Gas Reporting
Program: Addition of Global Warming Potentials'' (hereinafter referred
to as ``Proposed Rule to Add GWPs''), published on July 31, 2014 (79 FR
44332). We are finalizing that action with certain changes as discussed
in Section II.A of this preamble.

More background on the proposed amendments and determinations is
provided in Sections I.C and III of this preamble.

C. Background on the GHG Reporting Rule

    Part 98 was initially published in the Federal Register on October
30, 2009 (74 FR 56260). Part 98 became effective on December 29, 2009,
and requires reporting of GHGs from certain facilities and suppliers. A
subsequent document finalizing reporting requirements for Fluorinated
Gas Production was published on December 1, 2010 (75 FR 74774). (The
final rule published on December 1, 2010 is hereinafter referred to as
the ``2010 Subpart L Rule'').
1. Background on Addition of GWPs to Subpart A
    Table A-1 to subpart A of 40 CFR part 98 (Table A-1) is a
compendium of GWP values of certain GHGs that are required to be
reported under one or more subparts of the GHG Reporting Rule. These
GWPs are used to convert tons of chemical into tons of CO2-
equivalent (CO2e) for purposes of various calculations and
reporting under the rule. As indicated in the Federal Register document
for the final Part 98 (74 FR 56348), it is the EPA's intent to
periodically update Table A-1 as GWPs are evaluated or reevaluated by
the scientific community. This will provide a more accurate and
complete account of the atmospheric impacts of GHG emissions and
supplies.
    GWPs that have been newly evaluated or reevaluated in the peer-
reviewed

scientific literature are periodically consolidated and published by
the Intergovernmental Panel on Climate Change (IPCC). The initial Table
A-1 finalized in the 2009 GHG Reporting Rule included GWP values from
the Second Assessment Report (SAR) and, for gases that were not
included in SAR, from the Fourth Assessment Report \2\ (hereinafter
referred to as ``IPCC AR4'' or ``AR4''). (In addition, Table A-1
included a GWP for one fluorinated GHG that had been published in the
peer-reviewed literature but not an IPCC report, the GWP for
sevoflurane.) \3\ The IPCC recently published the Fifth Assessment
Report (AR5), which contains GWPs for a number of fluorinated GHGs that
were not included in either SAR or AR4.\4\
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    \2\ IPCC Fourth Assessment Report (AR4), 2007. Climate Change
2007: The Physical Science Basis. Contribution of Working Group I to
the Fourth Assessment Report of the Intergovernmental Panel on
Climate Change [Core Writing Team, Pachauri, R.K and Reisinger, A.
(eds.)]. IPCC, Geneva, Switzerland, 104 pp.
    \3\ Langbein, T., H. Sonntag, D. Trapp, A. Hoffmann, W. Malms,
E.-P. R[ouml]th, V. M[ouml]rs and R. Zellner, 1999. ``Volatile
anaesthetics and the atmosphere: atmospheric lifetimes and
atmospheric effects of halothane, enflurane, isoflurane, desflurane
and sevoflurane.'' British Journal of Anaesthetics 82 (1): 66-73,
discussed in the Technical Support Document for Industrial Gas
Supply: Production, Transformation, and Destruction of Fluorinated
GHGs and N2O, Office of Air and Radiation, USEPA,
February 6, 2009.
    \4\ IPCC, 2013: Climate Change 2013: The Physical Science Basis.
Contribution of Working Group I to the Fifth Assessment Report of
the Intergovernmental Panel on Climate Change [Stocker, T.F., D.
Qin, G.K. Plattner, M. Tignor, S.K. Allen, J. Boschung, A. Nauels,
Y. Xia, V. Bex and P.M. Midgley (eds.)]. Cambridge University Press,
Cambridge, United Kingdom and New York, NY, USA, 1535 pp.
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    The scope of the fluorinated compounds reported under the GHGRP is
established by the definition of ``fluorinated GHG'' at 40 CFR 98.6
(and, for subpart I, ``fluorinated HTF'' at 40 CFR 98.98), rather than
by inclusion in Table A-1. The EPA therefore receives reports of
emissions and supplies for a number of fluorinated compounds that have
not had GWPs included in Table A-1.\5\ These supplies, and a large
fraction of these emissions, have been assigned a GWP of zero for
purposes of GHGRP calculations and reporting, including threshold
determinations.\6\
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    \5\ Such reports have been received under subparts I, L, OO, and
QQ.
    \6\ For most subparts, including subparts I, OO, and QQ,
reporters have been required to report CO2e only for
fluorinated GHGs listed in Table A-1. Subpart I included a default
GWP of 2,000 for purposes of various calculations (but not
reporting). Subpart L included default GWPs of 2,000 and 10,000 for
purposes of both calculations and reporting.
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    As discussed in the Proposed Rule to Add GWPs, the EPA has recently
undertaken several efforts to improve the quality and completeness of
the GWPs used to calculate and report emissions under the GHGRP. On
November 29, 2013, we published the final rule entitled ``2013
Revisions to the Greenhouse Gas Reporting Rule and Final
Confidentiality Determinations for New or Substantially Revised Data
Elements'' (78 FR 71904, November 29, 2013; hereinafter referred to as
``final 2013 Revisions Rule''). That rule amended Table A-1 to update
the GWPs for GHGs included in AR4 to the AR4 values. The revisions
improved the quality of reported CO2e emissions and supply
by reflecting improved scientific understanding (since the publication
of SAR) of the radiative forcing and atmospheric lifetimes of the GHGs
that have GWPs in AR4. In addition, for those GHGs, the revisions
ensured comparability of data collected in the GHGRP to the Inventory
of U.S. Greenhouse Gas Emissions and Sinks that the EPA compiles
annually to meet international commitments under the United Nations
Framework Convention on Climate Change (UNFCCC). Countries that submit
GHG inventories under the UNFCCC have decided to use AR4 GWPs for the
GHGs that have AR4 GWPs, beginning with the inventories submitted in
2015.\7\
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    \7\ As discussed in the actions for the proposed and final 2013
Revisions Rule, the IPCC publishes Scientific Assessment Reports,
including updated and expanded sets of GWPs, approximately every six
years. The countries that submit annual GHG inventories under the
UNFCCC update the GWPs that they use for those inventories less
frequently. For example, the GWPs from the IPCC SAR have been used
for UNFCCC reporting for over a decade.
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    On April 5, 2013, we published a Notice of Data Availability (NODA)
(78 FR 20632) regarding another 43 fluorinated GHGs and HTFs whose GWPs
were not included in Table A-1.\8\ On November 19, 2013, we published
the Proposed Amendments to Subpart L, including a proposed amendment to
establish within subpart L a new set of default GWPs by fluorinated GHG
group for the emissions calculated and reported under that subpart. The
proposed set of five default GWPs was intended to replace the current
set of two default GWPs in subpart L (discussed further in Section
I.C.2 of this preamble) that are applied to fluorinated GHGs that are
not included in Table A-1, increasing the precision and accuracy of
calculated CO2e emissions. We requested and received
comments on the GWP-related information made available by the NODA and
on the proposed fluorinated GHG groups and associated default GWPs
included in the Proposed Amendments to Subpart L.
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    \8\ We had not included these compounds in the proposed 2013
Revisions Rule because documentation for GWPs for these compounds
was limited at the time that the proposal was being prepared. We
subsequently received more documentation from the compounds'
manufacturers.
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    On July 31, 2014, after considering the public comments on all of
the actions described above, we published the Proposed Rule to Add
GWPs, in which we proposed to amend Table A-1 to add chemical-specific
and default GWPs. The 103 proposed chemical-specific GWPs were
primarily drawn from the Fifth Assessment Report (AR5). The eight
proposed default GWPs were intended for fluorinated GHGs and
fluorinated HTFs for which peer-reviewed GWPs are not available in AR4,
AR5, or other sources, and they were calculated and applied based on
fluorinated GHG group. Each fluorinated GHG group was composed of
compounds with similar chemical structures, which have similar
atmospheric lifetimes and GWPs.
    The Proposed Rule to Add GWPs reflected our efforts to weigh
multiple considerations in updating the set of GWPs used under the
GHGRP, including the accuracy of the GWPs, the consistency of those
GWPs with the GWPs used in other national and international programs,
the predictability and stability of the GWPs, the source of the GWPs,
and the impacts of those GWPs on other regulatory programs. In the
proposed rule, we weighed these considerations in the context of
proposing to add GWPs for GHGs that are not presently included in Table
A-1. For such GHGs, the improvement in accuracy associated with listing
a GWP in Table A-1 is likely to be large, because the alternative is
generally to continue to assign these GHGs a GWP of zero for purposes
of the calculations and reporting under the GHGRP.
    The EPA is finalizing the addition of both chemical-specific and
default GWPs in this action, with certain changes following
consideration of comments submitted. Responses to significant comments
submitted on the proposed addition can be found in Section II of this
preamble.
2. Background on Amendments to Subpart L
    On January 10, 2012, the EPA published proposed determinations
regarding whether the GHGRP data elements in eight subparts of Part 98,
including subpart L, would or would not be entitled to confidential
treatment under the CAA (77 FR 1434). In that proposed rule, the EPA
proposed that the chemical identities and quantities of the fluorinated
GHG emissions at the

process level, reported under subpart L, are ``emission data.'' Under
section 114(c) of the CAA, ``emission data'' are not eligible for
confidential treatment and must be made publicly available.
    The EPA received two comments on that proposed rule related to
subpart L. The two commenters raised concerns that the disclosure of
the identity and quantities of the fluorinated GHGs emitted at the
process level, from either process vents or fugitive sources, would
reveal ``trade secrets'' regarding individual chemical production
processes. In response to these comments, the EPA promulgated two sets
of amendments that deferred full subpart L reporting until March, 2015,
and established temporary, less detailed reporting requirements for
reporting years (RYs) 2011, 2012, and 2013 (77 FR 51477, August 24,
2012, and 78 FR 71904, November 29, 2013). This was intended to allow
the EPA additional time to evaluate the concerns raised by the
commenters and to consider how the rule might be changed to balance
these concerns with the EPA's need to obtain the data necessary to
inform the development of future GHG policies and programs. The
temporary provisions required facilities to report total fluorinated
GHG emissions at the facility level in tons of CO2e and, to
enable such reporting for fluorinated GHGs that did not have GWPs on
Table A-1, established two default GWPs.
    On November 19, 2013, the EPA published the Proposed Amendments to
Subpart L. In addition to the five default GWPs discussed in Section
I.C.1 of this preamble, the proposed amendments included revisions to
the reporting requirements of subpart L to allow more aggregated
reporting (as compared to the 2010 Subpart L rule) to address potential
disclosure concerns; removal of the option to use the mass-balance
approach; clarification of the emission factor approach; and various
technical corrections. The EPA is finalizing those amendments in this
action, with certain changes following consideration of comments
submitted. Responses to significant comments submitted on the proposed
amendments can be found in Section II of this preamble.
    On September 11, 2013 (78 FR 55994), the EPA published the Proposed
Inputs Rule, in which we proposed amendments to the recordkeeping and
reporting provisions of Part 98, including an alternative verification
approach, to address the inputs to emission equations for which
disclosure concerns were identified. The Proposed Inputs Rule included
proposed revisions to the reporting and recordkeeping provisions of
subpart L. On October 24, 2014, the EPA issued the Final Inputs Rule
(79 FR 63750). In that rule, the EPA did not take final action on the
subpart L inputs to emission equations but expressed its intent to
address those inputs in a separate rulemaking (79 FR 63754). We are
finalizing in this action various proposals, including the above-
mentioned proposed revisions to subpart L inputs to emission equations
(with certain changes discussed in Section II of this preamble), to
consolidate all of the revisions to subpart L that are related to
disclosure concerns. As described in the Proposed Inputs Rule (78 FR
55994), we evaluated the data elements for which reporting was deferred
to 2015. Our evaluation involved a four-step process. The results of
the final evaluation are documented in the four following memoranda
available in the EPA's Docket ID No. EPA-HQ-OAR-2010-0929:
     ``Summary of Data Collected to Support Determination of
Public Availability of Inputs to Emission Equations for which Reporting
was Deferred to March 31, 2015,'' September 2014.
     ``Final Evaluation of Competitive Harm from Disclosure of
`Inputs to Equations' Data Elements Deferred to March 31, 2015,''
September 2014.
     ``Evaluation of Alternative Calculation Methods,'' August
2013.
     ``Evaluation of Alternative Verification Approaches For
Greenhouse Gas Reporting Rule Subparts for which Reporting of Inputs to
Emission Equations was Deferred to March 31, 2015,'' August 2013.

D. Legal Authority

    The EPA is finalizing these rule amendments under its existing CAA
authority provided in CAA section 114. As stated in the preamble to the
2009 final GHG reporting rule (74 FR 56260, October 30, 2009), CAA
section 114(a)(1) provides the EPA broad authority to require the
information required to be gathered by this rule because such data
inform and are relevant to the EPA's carrying out a wide variety of CAA
provisions. See the preambles to the proposed (74 FR 16448, April 10,
2009) and final Part 98 (74 FR 56260) for further information.
    In addition, the EPA is finalizing confidentiality determinations
for certain data elements required under the GHG Reporting Rule under
its authorities provided in sections 114, 301, and 307 of the CAA. As
mentioned above, CAA section 114 provides the EPA authority to collect
the information in Part 98. Section 114(c) requires that the EPA make
publicly available information obtained under section 114 except for
information that is not emission data and that qualifies for
confidential treatment. The Administrator has determined that this
final rule is subject to the provisions of section 307(d) of the CAA.

E. Summary of Final Amendments

    The EPA is amending the General Provisions of the Greenhouse Gas
Reporting Rule as well as certain provisions of that rule that affect
Fluorinated Gas Production facilities. The final amendments include the
following changes:
     Changes to the General Provisions (subpart A) and
Conforming Changes to Electronics Manufacturing (subpart I) and
Fluorinated Gas Production (subpart L):

--Revision of Table A-1 to subpart A of 40 CFR part 98 (Table A-1), the
compendium of GWPs used to calculate CO2e under the GHGRP,
to add chemical-specific GWPs for approximately 100 fluorinated GHGs.
The chemical-specific GWPs are primarily drawn from AR5.
--Revision of Table A-1 to add default GWPs for fluorinated GHGs and
fluorinated HTFs for which peer-reviewed GWPs are not available. These
default GWPs are calculated and assigned based on fluorinated GHG group
and are based on the chemical-specific GWPs for the compounds in Table
A-1 as revised by this rule, that is, on a combination of AR4 and AR5
GWPs.
--Conforming changes to subparts I and L, which previously included
their own default GWPs for purposes of certain CO2e
calculations.

     Changes to Fluorinated Gas Production (subpart L):

--Revision of the reporting requirements of subpart L to allow more
aggregated reporting as compared to the 2010 Subpart L rule to address
potential disclosure concerns (see Section II.B.1 of this preamble).
--Addition of a requirement to use an EPA-provided inputs verification
tool (IVT) for certain inputs to subpart L emission equations for which
reporting was deferred to 2015 and for which disclosure concerns have
been identified.
--Removal of the requirement to report certain inputs to subpart L
emission equations for which reporting was deferred to 2015 and for
which disclosure concerns have been identified. (This includes the
revising of Table A-7 in Subpart A.)
--Removal of the requirement to report certain inputs to subpart L
emission

equations for which reporting was deferred to 2015 due to their not
being useful for data verification or informing future GHG policy
development in the absence of other deferred inputs for which the
reporting requirements are being removed.
--Removal of the option to use the mass-balance approach.
--Clarification of the emission factor approach.
--Various technical corrections.

F. When will these amendments apply?

    Amendments to Table A-1. The amendments to Table A-1 apply to
reporting that occurs in calendar year 2015 and subsequent years. For
all subparts except subpart L, discussed below, this is limited to the
reporting of data gathered in 2014 (i.e., RY 2014) and future years.\9\
---------------------------------------------------------------------------

    \9\ With the exception of subpart L, we are not requiring or
allowing reporters to submit revised certified reports for RYs 2010,
2011, 2012, or 2013 with CO2e values calculated using the
revised GWPs. This is the same approach as we adopted in the final
Revisions Rule (78 FR 71939).
---------------------------------------------------------------------------

    Subpart L. With one exception, discussed below, the amendments
apply to reporting under 40 CFR part 98, subpart L (subpart L) that
occurs in calendar year 2015 and subsequent years. This includes
reporting of information for RY 2014 and subsequent reporting years
(i.e., information related to emissions that occur in 2014 and
subsequent years). It also includes reporting of certain information
for RYs 2011, 2012, and 2013. We previously deferred full reporting for
RYs 2011 and 2012 under the rule titled ``2012 Technical Corrections,
Clarifying and Other Amendments to the Greenhouse Gas Reporting Rule,
and Confidentiality Determinations for Certain Data Elements of the
Fluorinated Gas Source Category'' (77 FR 51477; August 24, 2012). We
deferred full reporting for RY 2013 under the Final 2013 Revisions
Rule.
    Under today's final action, the requirement to enter inputs to
subpart L emission equations into IVT applies to RY 2015 and all
subsequent reporting years. As discussed further in Section II.B.1 of
this preamble, starting with RY 2015 (which is required to be reported
by March 31, 2016) will allow the EPA to develop a subpart L IVT module
that integrates the subpart L reporting requirements being finalized in
this action.

G. Relationship Between This Final Rule, the Proposed Rule To Add GWPs
to Table A-1, and the Proposed Amendments to Subpart L

    This rule is finalizing both the Proposed Rule to Add GWPs to Table
A-1 and the Proposed Amendments to Subpart L. As discussed in the
Proposed Rule to Add GWPs, the default GWPs that are being finalized in
this action will apply across Part 98, including to subpart L. Thus,
subpart L will no longer include its own default GWPs. This will
simplify subpart L and ensure future as well as current consistency
among the default GWPs applied across Part 98.

H. How will these amendments affect confidentiality determinations?

    In this action, we are finalizing confidentiality determinations
for certain subpart L data elements. The EPA proposed confidentiality
determinations for the subpart L data elements (77 FR 1434, January 10,
2012), and then proposed additional confidentiality determinations for
new or substantially revised subpart L data elements (78 FR 69337,
November 19, 2013). The final confidentiality determinations for these
data elements together with our rationale are discussed in detail in
Section III.A of this preamble. For four of the existing data elements,
we are not finalizing confidentiality determinations for the reasons
discussed in Section III.A. In addition, as with inputs to emission
equations in other Part 98 subparts, we are not finalizing
confidentiality determinations for any subpart L inputs to emission
equations data. Lastly, the amendments remove certain other existing
subpart L reporting requirements, while continuing to require that
records be kept of these elements. Because the EPA is finalizing the
removal of these data elements, the EPA is not taking final action on
the previously proposed confidentiality determinations for the removed
data elements.

II. Overview of Final Amendments and Responses to Public Comments

A. Amendments to Table A-1

1. Summary of Final Amendments to Table A-1
    As proposed, we are amending Table A-1 to subpart A of Part 98 to
add chemical-specific and default GWPs. We are adding peer-reviewed,
chemical-specific GWPs for the 98 compounds listed in Table 2 of this
preamble. To reflect the latest scientific consensus regarding
fluorinated GHGs that do not have GWPs in AR4, we are adopting the GWPs
provided for 97 of these 98 compounds in Table 8.A.1 of AR5.\10\
---------------------------------------------------------------------------

    \10\ For one compound, CF3I, which was inadvertently
excluded from Table A-1 previously, we are adding an AR4 GWP as
proposed.

                            Table 2--Chemical-Specific GWPs for Addition to Table A-1
----------------------------------------------------------------------------------------------------------------
                                                                                AR5 GWP (100-
    Common or trade name        Chemical name(s)        CAS No.             Chemical formula            year)
----------------------------------------------------------------------------------------------------------------
                                                 Saturated HFCs
----------------------------------------------------------------------------------------------------------------
                             Saturated HFCs with two or fewer carbon-hydrogen bonds
----------------------------------------------------------------------------------------------------------------
HFC-227ca...................  1,1,1,2,2,3,3-              2252-84-8  CF3CF2CHF2                             2640
                               Heptafluoropropane.
HFC-329p....................  1,1,1,2,2,3,3,4,4-           375-17-7  CHF2CF2CF2CF3                          2360
                               Nonafluorobutane.
----------------------------------------------------------------------------------------------------------------
                             Saturated HFCs with three or more carbon-hydrogen bonds
----------------------------------------------------------------------------------------------------------------
HFC-245cb...................  1,1,1,2,2-                  1814-88-6  CF3CF2CH3                              4620
                               Pentafluoropropane.
HFC-245ea...................  1,1,2,3,3-                 24270-66-4  CHF2CHFCHF2                             235
                               Pentafluoropropane.
HFC-245eb...................  1,1,1,2,3-                   431-31-2  CH2FCHFCF3                              290
                               Pentafluoropropane.
HFC-263fb...................  1,1,1-                       421-07-8  CH3CH2CF3                                76
                               Trifluoropropane.
HFC-272ca...................  2,2-Difluoropropane.         420-45-1  CH3CF2CH3                               144
----------------------------------------------------------------------------------------------------------------
                                                 Saturated PFCs
----------------------------------------------------------------------------------------------------------------
PFC-6-1-12..................  Hexadecafluoroheptan         335-57-9  C7F16; CF3(CF2)5CF3                    7820
                               e.

PFC-7-1-18..................  Octadecafluorooctane         307-34-6  C8F18; CF3(CF2)6CF3                    7620
                              Perfluorodecalin           60433-11-6  Z-C10F18                               7240
                               (cis).                    60433-12-7  E-C10F18                               6290
                              Perfluorodecalin
                               (trans).
----------------------------------------------------------------------------------------------------------------
                                                 Saturated HFEs
----------------------------------------------------------------------------------------------------------------
                             Saturated HFEs and HCFEs with one carbon-hydrogen bond
----------------------------------------------------------------------------------------------------------------
HFE-329me3..................  1,1,1,2,3,3-              428454-68-6  CF3CFHCF2OCF3                          4550
                               Hexafluoro-3-
                               (trifluoromethoxy)p
                               ropane.
                              1,1,1,2,2,3,3-              3330-15-2  CF3CF2CF2OCHFCF3                       6490
                               Heptafluoro-3-
                               (1,2,2,2-
                               tetrafluoroethoxy)-
                               propane.
----------------------------------------------------------------------------------------------------------------
                             Saturated HFEs and HCFEs with two carbon-hydrogen bonds
----------------------------------------------------------------------------------------------------------------
HFE-236ca...................  1-(Difluoromethoxy)-       32778-11-3  CHF2OCF2CHF2                           4240
                               1,1,2,2-
                               tetrafluoroethane.
HCFE-235ca2; enflurane......  2-Chloro-1-                13838-16-9  CHF2OCF2CHFCl                           583
                               (difluoromethoxy)-
                               1,1,2-
                               trifluoroethane.
HG-02.......................  1-(Difluoromethoxy)-      205367-61-9  HF2C-(OCF2CF2)2-OCF2H                  3825
                               2-(2-
                               (difluoromethoxy)-
                               1,1,2,2-
                               tetrafluoroethoxy)-
                               1,1,2,2-
                               tetrafluoroethane.
HG-03.......................  1,1,3,3,4,4,6,6,7,7,      173350-37-3  HF2C-(OCF2CF2)3-OCF2H                  3670
                               9,9,10,10,12,12-
                               Hexadecafluoro-
                               2,5,8,11-
                               tetraoxadodecane.
HG-20.......................  (Difluoromethoxy)((d      249932-25-0  HF2C-(OCF2)2-OCF2H                     5300
                               ifluoromethoxy)difl
                               uoromethoxy)
                               difluoromethane.
HG-21.......................  1,1,3,3,5,5,7,7,8,8,      249932-26-1  HF2C-OCF2CF2OCF2OCF2O-CF2H             3890
                               10,10-Dodecafluoro-
                               2,4,6,9-
                               tetraoxadecane.
HG-30.......................  1,1,3,3,5,5,7,7,9,9-      188690-77-9  HF2C-(OCF2)3-OCF2H                     7330
                               Decafluoro-2,4,6,8-
                               tetraoxanonane.
                              1,1,3,3,4,4,6,6,7,7,      173350-38-4  HCF2O(CF2CF2O)4CF2H                    3630
                               9,9,10,10,12,12,13,
                               13,15,15-
                               eicosafluoro-
                               2,5,8,11,14-
                               Pentaoxapentadecane.
                              1,1,2-Trifluoro-2-         84011-06-3  CHF2CHFOCF3                            1240
                               (trifluoromethoxy)-
                               ethane.
                              Trifluoro(fluorometh        2261-01-0  CH2FOCF3                                751
                               oxy)methane.
----------------------------------------------------------------------------------------------------------------
                        Saturated HFEs and HCFEs with three or more carbon-hydrogen bonds
----------------------------------------------------------------------------------------------------------------
HFE-263m1; R-E-143a.........  1,1,2,2-Tetrafluoro-         690-22-2  CF3OCH2CH3                               29
                               1-
                               (trifluoromethoxy)e
                               thane.
HFE-347mmz1; Sevoflurane....  2-(Difluoromethoxy)-       28523-86-6  (CF3)2CHOCH2F                           216
                               1,1,1,3,3,3-
                               hexafluoropropane.
HFE-365mcf2.................  1-Ethoxy-1,1,2,2,2-        22052-81-9  CF3CF2OCH2CH3                            58
                               pentafluoroethane.
HFE-356mff2.................  bis(2,2,2-                   333-36-8  CF3CH2OCH2CF3                            17
                               trifluoroethylTrifl
                               uoroethyl) ether.
HG'-01......................  1,1,2,2-Tetrafluoro-       73287-23-7  CH3OCF2CF2OCH3                          222
                               1,2-dimethoxyethane.
HG'-02......................  1,1,2,2-Tetrafluoro-      485399-46-0  CH3O(CF2CF2O)2CH3                       236
                               1-methoxy-2-
                               (1,1,2,2-
                               tetrafluoro-2-
                               methoxyethoxy)ethan
                               e.
HG'-03......................  3,3,4,4,6,6,7,7,9,9,      485399-48-2  CH3O(CF2CF2O)3CH3                       221
                               10,10-Dodecafluoro-
                               2,5,8,11-
                               tetraoxadodecane.
                              Difluoro(methoxy)met         359-15-9  CH3OCHF2                                144
                               hane.
                              2-Chloro-1,1,2-              425-87-6  CH3OCF2CHFCl                            122
                               trifluoro-1-
                               methoxyethane.
                              1-Ethoxy-                  22052-86-4  CF3CF2CF2OCH2CH3                         61
                               1,1,2,2,3,3,3-
                               heptafluoropropane.
                              2-Ethoxy-3,3,4,4,5-       920979-28-8  C12H5F19O2                               56
                               pentafluorotetrahyd
                               ro-2,5-bis[1,2,2,2-
                               tetrafluoro-1-
                               (trifluoromethyl)et
                               hyl]-furan.
                              1-Ethoxy-1,1,2,3,3,3-        380-34-7  CF3CHFCF2OCH2CH3                         23
                               hexafluoropropane.
                              Fluoro(methoxy)metha         460-22-0  CH3OCH2F                                 13
                               ne.
                              1,1,2,2-Tetrafluoro-       60598-17-6  CHF2CF2CH2OCH3                         0.49
                               3-methoxy-propane;
                               Methyl 2,2,3,3-
                               tetrafluoropropyl
                               ether.
                              1,1,2,2-Tetrafluoro-       37031-31-5  CH2FOCF2CF2H                            871
                               1-
                               (fluoromethoxy)etha
                               ne.
                              Difluoro(fluorometho         461-63-2  CH2FOCHF2                               617
                               xy)methane.
                              Fluoro(fluoromethoxy         462-51-1  CH2FOCH2F                               130
                               )methane.
----------------------------------------------------------------------------------------------------------------
                                              Fluorinated formates
----------------------------------------------------------------------------------------------------------------
                              Trifluoromethyl            85358-65-2  HCOOCF3                                 588
                               formate.
                              Perfluoroethyl            313064-40-3  HCOOCF2CF3                              580
                               formate.
                              1,2,2,2-                  481631-19-0  HCOOCHFCF3                              470
                               Tetrafluoroethyl
                               formate.
                              Perfluorobutyl            197218-56-7  HCOOCF2CF2CF2CF3                        392
                               formate.
                              Perfluoropropyl           271257-42-2  HCOOCF2CF2CF3                           376
                               formate.
                              1,1,1,3,3,3-              856766-70-6  HCOOCH(CF3)2                            333
                               Hexafluoropropan-2-
                               yl formate.
                              2,2,2-Trifluoroethyl       32042-38-9  HCOOCH2CF3                               33
                               formate.
                              3,3,3-                   1344118-09-7  HCOOCH2CH2CF3                            17
                               Trifluoropropyl
                               formate.
----------------------------------------------------------------------------------------------------------------
                                              Fluorinated acetates
----------------------------------------------------------------------------------------------------------------
                              Methyl 2,2,2-                431-47-0  CF3COOCH3                                52
                               trifluoroacetate.
                              1,1-Difluoroethyl        1344118-13-3  CF3COOCF2CH3                             31
                               2,2,2-
                               trifluoroacetate.
                              Difluoromethyl 2,2,2-       2024-86-4  CF3COOCHF2                               27
                               trifluoroacetate.
                              2,2,2-Trifluoroethyl         407-38-5  CF3COOCH2CF3                              7
                               2,2,2-
                               trifluoroacetate.
                              Methyl 2,2-                  433-53-4  HCF2COOCH3                                3
                               difluoroacetate.
                              Perfluoroethyl            343269-97-6  CH3COOCF2CF3                            2.1
                               acetate.
                              Trifluoromethyl            74123-20-9  CH3COOCF3                               2.0
                               acetate.
                              Perfluoropropyl          1344118-10-0  CH3COOCF2CF2CF3                         1.8
                               acetate.
                              Perfluorobutyl            209597-28-4  CH3COOCF2CF2CF2CF3                      1.6
                               acetate.
                              Ethyl 2,2,2-                 383-63-1  CF3COOCH2CH3                            1.3
                               trifluoroacetate.
----------------------------------------------------------------------------------------------------------------
                                               Carbonofluoridates
----------------------------------------------------------------------------------------------------------------
                              Methyl                      1538-06-3  FCOOCH3                                  95
                               carbonofluoridate.

                              1,1-Difluoroethyl        1344118-11-1  FCOOCF2CH3                               27
                               carbonofluoridate.
----------------------------------------------------------------------------------------------------------------
                             Fluorinated alcohols other than fluorotelomer alcohols
----------------------------------------------------------------------------------------------------------------
                              2,2,3,3,4,4,4-               375-01-9  C3F7CH2OH                                25
                               Heptafluorobutan-1-
                               ol.
                              2,2,2-                        75-89-8  CF3CH2OH                                 20
                               Trifluoroethanol.
                              2,2,3,4,4,4-                 382-31-0  CF3CHFCF2CH2OH                           17
                               Hexafluoro-1-
                               butanol.
                              2,2,3,3-Tetrafluoro-          76-37-9  CHF2CF2CH2OH                             13
                               1-propanol.
                              2,2-Difluoroethanol.         359-13-7  CHF2CH2OH                                 3
                              2-Fluoroethanol.....         371-62-0  CH2FCH2OH                               1.1
                              4,4,4-Trifluorobutan-        461-18-7  CF3(CH2)2CH2OH                         0.05
                               1-ol.
----------------------------------------------------------------------------------------------------------------
                                              Unsaturated compounds
----------------------------------------------------------------------------------------------------------------
                                                Unsaturated PFCs
----------------------------------------------------------------------------------------------------------------
PFC-1114; TFE...............  Tetrafluoroethylene          116-14-3  CF2=CF2; C2F4                         0.004
                               (TFE);
                               Perfluoroethene.
PFC-1216; Dyneon HFP........  Hexafluoropropylene          116-15-4  C3F6; CF3CF=CF2                        0.05
                               (HFP);
                               Perfluoropropene.
PFC C-1418..................  Perfluorocyclopenten         559-40-0  c-C5F8                                 1.97
                               e;
                               Octafluorocyclopent
                               ene.
                              Perfluorobut-2-ene..         360-89-4  CF3CF=CFCF3                            1.82
                              Perfluorobut-1-ene..         357-26-6  CF3CF2CF=CF2                           0.10
                              Perfluorobuta-1,3-           685-63-2  CF2=CFCF=CF2                          0.003
                               diene.
----------------------------------------------------------------------------------------------------------------
                                     Unsaturated HFCs and unsaturated HCFCs
----------------------------------------------------------------------------------------------------------------
HFC-1132a; VF2..............  Vinylidiene fluoride          75-38-7  C2H2F2, CF2=CH2                        0.04
HFC-1141; VF................  Vinyl fluoride......          75-02-5  C2H3F, CH2=CHF                         0.02
(E)-HFC-1225ye..............  (E)-1,2,3,3,3-              5595-10-8  CF3CF=CHF(E)                           0.06
                               Pentafluoroprop-1-
                               ene.
(Z)-HFC-1225ye..............  (Z)-1,2,3,3,3-              5528-43-8  CF3CF=CHF(Z)                           0.22
                               Pentafluoroprop-1-
                               ene.
Solstice 1233zd(E)..........  trans-1-Chloro-3,3,3-     102687-65-0  C3H2ClF3; CHCl=CHCF3                   1.34
                               trifluoroprop-1-ene.
HFC-1234yf; HFO-1234yf......  2,3,3,3-                     754-12-1  C3H2F4; CF3CF=CH2                      0.31
                               Tetrafluoroprop-1-
                               ene.
HFC-1234ze(E)...............  (E)-1,3,3,3-                1645-83-6  C3H2F4; trans-CF3CH=CHF                0.97
                               Tetrafluoroprop-1-
                               ene.
HFC-1234ze(Z)...............  (Z)-1,3,3,3-               29118-25-0  C3H2F4; cis-CF3CH=CHF;                 0.29
                               Tetrafluoroprop-1-                     CF3CH=CHF
                               ene.
HFC-1243zf; TFP.............  Trifluoro propene            677-21-4  C3H3F3, CF3CH=CH2                      0.12
                               (TFP); 3,3,3-
                               Trifluoroprop-1-ene.
(Z)-HFC-1336................  (Z)-1,1,1,4,4,4-             692-49-9  CF3CH=CHCF3(Z)                         1.58
                               Hexafluorobut-2-ene.
HFO-1345zfc.................  3,3,4,4,4-                   374-27-6  C2F5CH=CH2                             0.09
                               Pentafluorobut-1-
                               ene.
Capstone 42-U...............  Perfluorobutyl             19430-93-4  C6H3F9, CF3(CF2)3CH=CH2                0.16
                               ethene (42-U);
                               3,3,4,4,5,5,6,6,6-
                               Nonafluorohex-1-ene.
Capstone 62-U...............  Perfluorohexyl             25291-17-2  C8H3F13, CF3(CF2)5CH=CH2               0.11
                               ethene (62-U);
                               3,3,4,4,5,5,6,6,7,7
                               ,8,8,8-
                               Tridecafluorooct-1-
                               ene.
Capstone 82-U...............  Perfluorooctyl             21652-58-4  C10H3F17, CF3(CF2)7CH=CH2              0.09
                               ethene (82-U);
                               3,3,4,4,5,5,6,6,7,7
                               ,8,8,9,9,10,10,10-
                               Heptadecafluorodec-
                               1-ene.
----------------------------------------------------------------------------------------------------------------
                                         Unsaturated Halogenated Ethers
----------------------------------------------------------------------------------------------------------------
PMVE; HFE-216...............  Perfluoromethyl             1187-93-5  CF3OCF[ballot]=[ballot]CF2             0.17
                               vinyl ether (PMVE).
Fluoroxene..................  (2,2,2-                      406-90-6  CF3CH2OCH=CH2                          0.05
                               Trifluoroethoxy)eth
                               ene.
----------------------------------------------------------------------------------------------------------------
                                           Other short-lived compounds
----------------------------------------------------------------------------------------------------------------
                                               Fluorinated Ketones
----------------------------------------------------------------------------------------------------------------
Novec 1230..................  FK-5-1-12                    756-13-8  CF3CF2C(O)CF (CF3)2                     0.1
                               Perfluoroketone; FK-
                               5-1-12myy2;
                               Perfluoro(2-methyl-
                               3-pentanone).
----------------------------------------------------------------------------------------------------------------
                                              Fluorinated Aldehydes
----------------------------------------------------------------------------------------------------------------
                              3,3,3-Trifluoro-             460-40-2  CF3CH2CHO                              0.01
                               propanal.
----------------------------------------------------------------------------------------------------------------
                                             Fluorotelomer Alcohols
----------------------------------------------------------------------------------------------------------------
                              3,3,4,4,5,5,6,6,7,7,      185689-57-0  CF3(CF2)4CH2CH2OH                      0.43
                               7-
                               Undecafluoroheptan-
                               1-ol.
                              3,3,3-                      2240-88-2  CF3CH2CH2OH                            0.35
                               Trifluoropropan-1-
                               ol.
                              3,3,4,4,5,5,6,6,7,7,         755-02-2  CF3(CF2)6CH2CH2OH                      0.33
                               8,8,9,9,9-
                               Pentadecafluoronona
                               n-1-ol.
                              3,3,4,4,5,5,6,6,7,7,       87017-97-8  CF3(CF2)8CH2CH2OH                      0.19
                               8,8,9,9,10,10,11,11
                               ,11-
                               Nonadecafluoroundec
                               an-1-ol.
----------------------------------------------------------------------------------------------------------------
                                       Compounds with carbon-iodine bonds
----------------------------------------------------------------------------------------------------------------
                              Trifluoroiodomethane        2314-97-8  CF3I                                \a\ 0.4
----------------------------------------------------------------------------------------------------------------
                                                 Other compounds
----------------------------------------------------------------------------------------------------------------
Halon 1202..................  Dibromodifluorometha          75-61-6  CBr2F2                                  231
                               ne.
Halon-2311; Halothane.......  2-Bromo-2-chloro-            151-67-7  CHBrClCF3                                41
                               1,1,1-
                               trifluoroethane.
----------------------------------------------------------------------------------------------------------------
\a\ AR4.

    We are also adding 12 default GWPs to Table A-1 for fluorinated
GHGs and HTFs that do not have peer-reviewed GWPs. As proposed, the
default GWPs are based on the average GWPs of groups of chemically
similar fluorinated GHGs because chemically similar fluorinated GHGs
have similar atmospheric lifetimes and GWPs. The fluorinated GHG groups
are: (1) Fully fluorinated GHGs and HTFs, (2) saturated
hydrofluorocarbons (HFCs) with two or fewer carbon-hydrogen bonds, (3)
saturated HFCs with three or more carbon-hydrogen bonds, (4) saturated
hydrofluoroethers (HFEs) and hydrochlorofluoroethers (HCFEs) with one
carbon-hydrogen bond, (5) saturated HFEs and HCFEs with two carbon-
hydrogen bonds, (6) saturated HFEs and HCFEs with three or more carbon-
hydrogen bonds, (7) fluorinated formates, (8) fluorinated acetates,
carbonofluoridates, and fluorinated alcohols other than fluorotelomer
alcohols, (9) unsaturated perfluorocarbons (PFCs), unsaturated HFCs,
unsaturated hydrochlorofluorocarbons (HCFCs), unsaturated halogenated
ethers, unsaturated halogenated esters, fluorinated aldehydes, and
fluorinated ketones, (10) fluorotelomer alcohols, (11) fluorinated GHGs
with carbon-iodine bonds, and (12) other fluorinated GHGs and HTFs. For
each fluorinated GHG group, we are basing the default GWP on the
average of the chemical-specific GWPs of compounds that belong to that
group and that are either on Table A-1 already or are being added to
Table A-1 under this rule. The fluorinated GHG groups and associated
default GWPs are listed in Table 3 of this preamble. We are also
finalizing a requirement that if a fluorinated GHG does not have a
chemical-specific GWP in Table A-1 of this subpart, reporters must
report the fluorinated GHG group of which that fluorinated GHG is a
member. This will allow the EPA to verify that the calculation of
carbon dioxide equivalent was conducted correctly.
    Finally, although we do not anticipate that finalizing the GWPs in
this action will expand the set of facilities required to report under
the GHGRP, we are including special provisions for facilities that
become newly subject to one or more subparts of Part 98 due to the
addition of GWPs, as proposed. Facilities or suppliers that become
newly subject to a subpart due to the addition of GWPs are not required
to report their 2014 emissions or supplies under that subpart, but they
are required to report their 2015 emissions or supplies under that
subpart by March 31, 2016. From January 1, 2015, to March 31, 2015,
they may use best available monitoring methods (BAMM) for any parameter
that cannot reasonably be measured according to the monitoring and QA/
QC requirements of the subpart, and they may submit a request to EPA to
use BAMM beyond March 31. That request must be submitted by January 31,
2015.

             Table 3--Default GWPs for Addition to Table A-1
------------------------------------------------------------------------
                  Fluorinated GHG group                   GWP (100-year)
------------------------------------------------------------------------
Fully fluorinated GHGs..................................          10,000
Saturated HFCs with two or fewer carbon-hydrogen bonds..           3,700
Saturated HFCs with three or more carbon-hydrogen bonds.             930
Saturated HFEs and HCFEs with one carbon-hydrogen bond..           5,700
Saturated HFEs and HCFEs with two carbon-hydrogen bonds.           2,600
Saturated HFEs and HCFEs with three or more carbon-                  270
 hydrogen bonds.........................................
Fluorinated formates....................................             350
Fluorinated acetates, carbonofluoridates, and                         30
 fluorinated alcohols other than fluorotelomer alcohols.
Unsaturated PFCs, unsaturated HFCs, unsaturated HCFCs,                 1
 unsaturated halogenated ethers, unsaturated halogenated
 esters, fluorinated aldehydes, and fluorinated ketones.
Fluorotelomer alcohols..................................               1
Fluorinated GHGs with carbon-iodine bond(s).............               1
Other fluorinated GHGs..................................            2000
------------------------------------------------------------------------

2. Changes From the Proposed Rule
    In the Proposed Rule to Add GWPs, we proposed to add 103 chemical-
specific GWPs and eight default GWPs to Table A-1. The proposed
fluorinated GHG groups for which we proposed default GWPs were: (1)
Fully fluorinated GHGs and HTFs, (2) saturated HFCs, (3) partially
segregated saturated HFEs and HCFEs, (4) non-segregated saturated HFEs
and HCFEs, (5) unsaturated PFCs, unsaturated HFCs, unsaturated HCFCs,
unsaturated halogenated ethers, unsaturated halogenated esters,
fluorinated aldehydes, and fluorinated ketones, (6) fluorotelomer
alcohols, (7) fluorinated GHGs with carbon-iodine bonds, and (8) other
GHGs and HTFs.
    The EPA is making minor changes to the proposed chemical-specific
GWPs and is revising the fluorinated GHG groups and associated default
GWPs based on comments. Regarding the chemical-specific GWPs, one
commenter noted that two stereoisomers proposed for addition to Table
A-1 had notation errors (switched E/Z notations); this has been
corrected in the final Table A-1. The same commenter also observed that
the proposed chemical-specific GWPs included some duplicate compounds
with different GWPs. In the final Table A-1, we have removed five
duplicate compounds. Two sets of duplicates resulted from our
inadvertent proposed addition to Table A-1 of a GWP for a chemical that
already had a GWP listed. These included two fluorinated alcohols with
the CAS numbers 422-05-9 and 920-66-1. In these cases, we are retaining
the previously listed GWPs, based on AR4. Three sets of duplicates came
from AR5. These included two HFEs and one fluorinated alcohol with the
CAS numbers 173350-37-3, 205367-61-9, and 375-01-9, respectively. In
these cases, we used the average of the two GWPs, since both values had
appeared in the peer-reviewed literature and had been listed by the AR5
authors. With the removal of the five duplicate chemicals, a total of
98 chemical-specific GWPs are being added to Table A-1.
    We are making three changes to the proposed fluorinated GHG groups
and default GWPs. First, we are dividing the group of saturated HFCs
into two groups based on the number of carbon-hydrogen bonds in the
compound. Second, we are dividing the group of saturated HFEs and HCFEs
into three groups based on the number of carbon-hydrogen bonds in the
compound rather than two groups based on the position of the fluorine
atoms in the compound

(segregated vs. partially segregated). Third, we are dividing the
proposed ``other'' category into three groups: (1) Fluorinated
acetates, carbonofluoridates, and fluorinated alcohols other than
fluorotelomer alcohols, (2) fluorinated formates, and (3) other
fluorinated GHGs and HTFs. We discussed these options (or similar ones,
as described below) in the proposed rule and supporting analyses. We
received one comment supporting the division of the ``other'' category
into three categories and received no negative comments on the other
options. After further consideration, we have concluded that the
advantages identified in the proposed rule of these approaches, which
are discussed further below, merit their adoption. These changes result
in the creation of four additional fluorinated GHG groups and default
GWPs, increasing the total number of default GWPs from eight to 12. As
discussed further below, all of the changes are expected to increase
the accuracy and precision of the default GWPs.
    As noted in the Proposed Rule to Add GWPs, the number of carbon-
hydrogen bonds in each saturated HFC and HFE (and HCFE) is
significantly correlated (negatively) with the atmospheric lifetime and
GWP of that compound. For the saturated HFEs, the number of carbon-
hydrogen bonds predicts the GWP more precisely than does the position
of the fluorine atoms in the compound. Moreover, the number of carbon-
hydrogen bonds in each compound is likely to be known, facilitating the
correct categorization and default GWP selection for each saturated HFC
or HFE that does not have a chemical-specific GWP on Table A-1. Thus,
grouping the compounds according to the number of carbon-hydrogen bonds
overcomes the drawback we had identified in previous proposed rules
\11\ to dividing up the saturated HFCs and HFEs (and HCFEs) by
atmospheric lifetime, which is that the atmospheric lifetime of a
particular saturated HFC or HFE may not be known. This enables us to
establish groups of saturated HFCs and HFEs that have similar GWPs and
to set considerably more precise default GWPs for these groups.
---------------------------------------------------------------------------

    \11\ In both the Proposed Amendments to Subpart L and the
Proposed Rule to Add GWPs, we requested comment on the option of
dividing the saturated HFCs and saturated HFEs into two or more
groups each based on atmospheric lifetime or a structural
characteristic (such as the number of carbon-hydrogen bonds)
correlated with atmospheric lifetime (78 FR 69343 and 79 FR 44341).
On the Proposed Amendments to Subpart L, we received a comment
recommending that we divide the saturated HFEs into two groups based
on a characteristic correlated with atmospheric lifetime and GWP,
the position of the fluorine atom. We received no negative comments
on the option of dividing the groups into more groups based on
atmospheric lifetime.
---------------------------------------------------------------------------

    In the Proposed Rule to Add GWPs, we proposed to define the
``other'' group as including both specific compound types (i.e.,
fluorinated acetates, carbonofluoridates, fluorinated alcohols other
than fluorotelomer alcohols, fluorinated formates, and brominated
compounds) and other compound types not otherwise included in any of
the proposed fluorinated GHG groups. We proposed to set the default GWP
for the group at 110 based on the average of the GWPs that had been
measured for the specific compound types in the group. However, we
requested comment on the option of setting a higher default (2000) to
account for the possibility that newly synthesized compound types
(which would be assigned the default for the ``other'' group) would
have GWPs whose average was near the overall average for fluorinated
GHGs. We noted that the disadvantage of this option was that it would
apply an inappropriately high GWP to the specific compound types
included in the group.
    In the supporting analysis for the proposed default GWPs, we
further noted that the fluorinated formates had significantly higher
GWPs than most of the other specific compound types in the ``other''
group. The average GWP for the formates was about 350, while that for
most of the other identified compounds in the group was 20.\12\ (One
other outlier in the group, dibromodifluoromethane (Halon 1202), has a
GWP of 231.) Noting this difference, one commenter on the Proposed Rule
to Add GWPs recommended separating the ``other'' group into three
categories: Those with GWPs less than 20, those with GWPs between 20
and 100, and those with GWPs over 100. In addition, two commenters on
the Proposed Amendments to Subpart L, which had included a similar
grouping and default GWP for ``other'' compounds, had suggested
separating compound types with average GWPs near 10 or 20 into a
separate group.
---------------------------------------------------------------------------

    \12\ This value rose to 30 after the removal of the duplicate
compounds, three of which were fluorinated alcohols in the ``other''
group.
---------------------------------------------------------------------------

    In the final rule, we are removing all but one of the identified,
specific compound types from the ``other'' category and are separating
them into two groups, each of which is defined to contain specific
compound types.\13\ This approach allows us to set default GWPs that
better reflect the average GWPs of both of the new, smaller groups. A
default GWP of 350 is established for fluorinated formates, while a
default of 30 is established for fluorinated acetates,
carbonofluoridates, and fluorinated alcohols other than fluorotelomer
alcohols. The new default GWPs differ by more than an order of
magnitude, considerably increasing their precision for their respective
groups.
---------------------------------------------------------------------------

    \13\ The exception is the fluorinated GHGs that include bromine,
which we are keeping in the ``Other fluorinated GHGs'' category, as
proposed. Although we proposed to group (and are grouping)
fluorinated GHGs that include chlorine with similar fluorinated GHGs
that do not include chlorine (e.g., grouping the HCFEs with the
HFEs), we did not propose to take this approach with bromine-
containing compounds, because their atmospheric behavior can be
significantly different from that of similar fluorinated GHGs that
do not contain bromine. For example, dibromodifluoromethane, which
is a saturated compound consisting of carbon, fluorine, and bromine,
is analogous to fully fluorinated GHGs, but it has a much shorter
atmospheric lifetime and lower GWP than those compounds (231 vs.
10,000). (Other saturated compounds consisting of carbon, fluorine,
and bromine, which are not included on Table A-1 because they are
regulated as ozone-depleting substances under 40 CFR part 82 and are
therefore exempt from the definition of ``fluorinated GHG,'' have
higher GWPs; but their average GWP of 2,400 is still significantly
lower than the average for fully fluorinated GHGs.) 2-bromo-2-
chloro-1,1,1-trifluoroethane, which is a saturated compound
consisting of carbon, fluorine, chlorine, bromine, and hydrogen, is
analogous to HFCs that include two or fewer carbon-hydrogen bonds,
but it has a much shorter atmospheric lifetime and lower GWP than
those compounds (41 vs. 3700). (Dibromodifluoromethane and 2-bromo-
2-chloro-1,1,1-trifluoroethane are the only bromine-containing
fluorinated GHGs with chemical-specific GWPs on Table A-1.)
---------------------------------------------------------------------------

    In addition, we are establishing a separate group for fluorinated
GHGs that do not fall into any of the specific fluorinated GHG groups
and are assigning it a default GWP of 2000. This ``catch-all'' group,
which retains the title ``Other fluorinated GHGs and HTFs,'' includes
types of fluorinated GHGs and HTFs whose GWPs have not been studied.
Given the removal of most of the specific, relatively low-GWP compound
types from this group, a default GWP of 2000 is likely to better
estimate the GWPs of the compounds that remain in the group than the
proposed default GWP of 110, which was based on the GWP values for a
small, unrepresentative subset of fluorinated GHGs (i.e., acetates,
fluoridates, fluorinated alcohols other than fluorotelomer alcohols,
and formates). The default of 2000 is based on the average for all
fluorinated GHGs. Where the GWPs of particular fluorinated GHG groups
have not been published in the peer-reviewed literature, it is
reasonable to assume they may fall anywhere on the continuum of GWPs
measured for fluorinated GHGs in general. Based on

this principle, a default GWP of 2000 is currently used in subpart I
and subpart L for, respectively, any fluorinated GHG whose GWP is not
on Table A-1, and for any fluorinated GHG, other than a fully
fluorinated GHG, whose GWP is not on Table A-1. While the default GWPs
in subparts I and L are now being replaced by the default GWPs in Table
A-1, which reflect more precise information regarding the atmospheric
behavior of a number of fluorinated GHG groups, it is appropriate to
retain the default of 2000 where more precise information is not
available.
3. Summary of Comments and Responses Regarding Proposed Rule To Add
GWPs
    Comment: All commenters who expressed an opinion on the addition of
chemical-specific GWPs to Table A-1 supported the addition of most of
the AR5 GWPs that the EPA proposed to add. (As discussed further below,
two commenters objected to the addition of very-low-GWP compounds to
Table A-1.) Several commenters noted that the IPCC Assessment Reports
represent the most widely recognized source of peer-reviewed GWP
values, and that the GWPs in AR5 are the most up-to-date and accurate
of those published in these Reports.
    Two commenters advocated the adoption of AR5 GWPs for all of the
compounds in Table A-1, noting that these represented the most recent
and accurate GWP values available. One of these commenters asserted
that the EPA's proposal to use AR5 in most but not all cases is
``internally inconsistent, arbitrary, and irrational,'' stating that
GHGRP data are the basis for many agency analyses and decisions and
that use of the proposed GWP would render agency decisions less
reliable. The commenter noted that the EPA could use other means to
harmonize information with the UNFCCC reporting conventions.
    Two other commenters disagreed with the addition to Table A-1 of
compounds with very low GWPs, stating that the proposal would make
them, in one of the commenter's words, subject to ``regulation under
the GHGRP and also potentially under the prevention of significant
deterioration (PSD) and Title V permitting programs.'' The commenters
argued that addition of a large number of low GWP materials to Table A-
1 could substantially increase the reporting burden on U.S.
semiconductor manufacturers without significantly increasing the
accuracy of facility reporting or the Inventory as a whole.
    Three of the commenters urged the EPA to modify the definition of
fluorinated GHG to exclude fluorinated compounds with very low GWPs.
They stated that these products were produced in low volumes and
emitted in still lower volumes, meaning that their GWP-weighted
emissions did not justify the significant administrative burden of
reporting them.
    Response: The EPA agrees that the AR5 GWPs are the most up-to-date
and accurate available. As proposed, we are adopting AR5 GWPs for
compounds for which AR4 GWPs are not available but are retaining the
AR4 GWPs where they are available. As established in the Revisions Rule
and reiterated in the Proposed Rule to Add GWPs, this is to remain
consistent with UNFCCC reporting, which requires the use of AR4 GWPs
for the GHGs with GWPs listed in AR4, and also with other national and
international GHG analyses, policies, and programs. (For more
discussion of these analyses and programs, see the Revisions Rule at 78
FR 71912-13). It is also consistent with the approach we took in the
original Table A-1, which included GWPs from the SAR where they were
available (consistent with UNFCCC requirements) but also included GWPs
from AR4 for compounds for which SAR GWPs were not available.
    The benefits of using the same GWPs as other analyses, policies,
and programs, particularly the Inventory of U.S. Greenhouse Gas
Emissions and Sinks, are discussed at length in the Revisions Rule (78
FR 71911-12). Briefly, they include facilitating more efficient review
and comparison of data collected through the GHGRP and other U.S.
climate programs, reducing the potential errors that may arise when
comparing multiple data sets or converting GHG emissions or supply
based on separate GWPs, and reducing the burden for reporters and
agencies to keep track of separate GWPs when submitting information to
these programs. In the Revisions Rule, we weighed these benefits
against the increase in accuracy that would result from adopting more
recent GWPs to better characterize national GHG emissions and inform
EPA policies. We concluded that, where the choice is between an AR4 GWP
and an AR5 GWP, the potential gain in accuracy does not justify the
loss of consistency with UNFCCC reporting (and associated policy
analysis) that would result.
    We are adding the GWPs of very-low-GWP fluorinated GHGs to Table A-
1 as proposed. It is important to note that this does not expand the
set of fluorinated GHGs and HTFs that must be reported under the GHGRP
because that is established by the definition of ``fluorinated GHG'' at
40 CFR 98.6 (and, for subpart I, ``fluorinated HTF'' at 40 CFR 98.98),
rather than by inclusion in Table A-1. As noted above and in the
Proposed Rule to Add GWPs, semiconductor facilities, as well as other
emitters and suppliers of fluorinated GHGs that do not have GWPs on
Table A-1, are already required to report (and do report) emissions and
supplies, respectively, of these GHGs and HTFs.
    Regarding the potential impact on permitting requirements of
including very-low-GWP gases in Table A-1, including these gases is
expected to have negligible impact on permitting requirements. As
explained in the proposal to this rule, the potential impact of these
proposed changes on permitting requirements is narrowed by the U.S.
Supreme Court decision in Utility Air Regulatory Group v. EPA (No. 12-
1146), which found that greenhouse gases cannot be treated as an air
pollutant for purposes of determining whether a source is a major
source required to obtain a PSD or title V permit (79 FR 44344).
    As the EPA explained following the Supreme Court decision, the EPA
will no longer require PSD permits at stationary sources if GHGs are
the only pollutant (i) that the source emits or has the potential to
emit above the major source thresholds, or (ii) for which there is a
significant emissions increase and a significant net emissions increase
from a modification, and the EPA will no longer require a source to
obtain a title V permit solely because it emits or has the potential to
emit GHGs above the major source thresholds.\14\ Thus, the EPA will
only apply the permitting requirements to which the commenters
generally refer to GHGs at new and modified sources that trigger
permitting requirements on the basis of their emissions of air
pollutants other than GHGs (also known as ``anyway sources'').
Accordingly, PSD's best available control technology (BACT) requirement
will still apply to GHGs emitted at or above certain thresholds by
anyway sources, and title V permits for anyway sources will need to
incorporate and assure compliance with those BACT limits that remain

applicable requirements under a PSD permit issued to the source.\15\
---------------------------------------------------------------------------

    \14\ Memorandum for Janet G. McCabe and Cynthia Giles to
Regional Administrators, Next Steps and Preliminary Views on the
Application of Clean Air Act Permitting Programs to Greenhouse Gases
Following the Supreme Court's Decision in Utility Air Regulatory
Group v. Environmental Protection Agency (July 24, 2014) (``July 24
Memo''), at 2, available at http://www.epa.gov/nsr/documents/20140724memo.pdf.
    \15\ July 24 Memo at 3-5.
---------------------------------------------------------------------------

    The revised GWP values will apply to future permitting actions when
determining whether a source required to obtain a PSD permit based on
emissions of pollutants other than GHGs has emissions of GHGs that
exceed the threshold at which BACT applies to emissions of greenhouse
gases from such sources. While some refinements to EPA's regulations
may be forthcoming based on the Supreme Court decision described above,
under regulations that remain applicable at this time, the EPA has
defined greenhouse gases for permitting purposes as the aggregate group
of the following six greenhouse gases: carbon dioxide, nitrous oxide,
methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
See, e.g., 40 CFR 51.166(b)(48)(i). The amount of such emissions is
quantified for permitting purposes by multiplying the mass of each of
these six gases by the associated GWP in Table A-1. 40 CFR
51.166(b)(48)(ii). Any changes to GWP values for substances that are
among the six gases listed above will become a part of the calculation
of CO2e for permitting purposes. In this context, because
the revised GWPs are so low and the magnitude of their emissions in
tons of chemical is not expected to be large, the revisions to table A-
1 in this rule are not expected to have a significant impact on
application of the BACT requirement to GHGs at sources that trigger the
requirement to obtain a permit based on emission of other
pollutants.\16\
---------------------------------------------------------------------------

    \16\ The addition of very-low-GWP gases in Table A-1 that are
not among the six listed above does not result in these gases
becoming subject to permitting requirements under the Clean Air Act.
The EPA had made clear that regulations that require monitoring and
reporting of pollutant emissions do not make a pollutant subject to
regulation. See 75 FR 17004, and 40 CFR 52.21(b)(49).
---------------------------------------------------------------------------

    Contrary to the generalized concerns of the commenters, we believe
that listing of very-low-GWP gases in Table A-1 will facilitate
informed decision-making regarding the relative climate impacts of
these and other fluorinated GHGs in industrial, commercial, and
household use, while having only a negligible permitting impact. Based
on that information, the EPA may evaluate in the future whether it
would be appropriate to modify the definition of fluorinated greenhouse
gas, which is outside the scope of this rulemaking.
    Comment: Three commenters supported the proposed fluorinated GHG
groups and default GWPs for fluorinated GHGs without peer-reviewed
GWPs. One of the commenters noted that the proposed groups and GWPs
reflected comments submitted on the Proposed Amendments to Subpart L,
and two of the commenters agreed that default GWPs based on fluorinated
GHG groups, though possibly less than fully accurate, would lead to
more accurate estimates of atmospheric impacts than would a GWP of
zero.
    Two commenters disagreed with the proposed fluorinated GHG groups
and default GWPs. These commenters stated that adding default GWPs to
Table A-1 could have permitting implications and that GWPs that have
not been peer-reviewed are more likely to change significantly, which
may have compliance implications. One of the commenters also asserted
that the fluorinated GHG groups were very broad, and that companies may
need to exert considerable effort to determine which of the materials
used at their facilities fall into which group and therefore trigger
regulatory requirements. The other commenter argued that establishing
default GWPs was inconsistent with the practice of the IPCC and
therefore diverged from accepted international practice. As a result,
U.S. facilities would be subject to a different standard than
competitors elsewhere. This commenter also noted that default GWPs have
not been published in a peer-reviewed scientific journal, which the EPA
acknowledged ``helps to ensure that the data and methods used to
evaluate the GWPs are consistent with current scientific good practice
and thereby helps to ensure that the resulting GWPs are accurate.''
    Response: As proposed, we are adding default GWPs to Table A-1.
These default GWPs will be applied to fluorinated GHGs that do not have
chemical-specific GWPs on Table A-1 (i.e., fluorinated GHGs that did
not have chemical-specific peer-reviewed GWPs available in time for
this rulemaking). This is to ensure that the atmospheric impacts of all
fluorinated GHGs are accounted for in GHGRP calculations and reporting.
    The 12 default GWPs have been developed and will be applied based
on fluorinated GHG group. For each fluorinated GHG group, we are basing
the default GWP on the average of the peer-reviewed, chemical-specific
GWPs of compounds that belong to that group and that are either on
Table A-1 or are being added to Table A-1 under this rule. As noted by
several commenters and by us in the proposed rule, the default GWPs are
not expected to be as precise as chemical-specific GWPs, because they
are based on averages for groups that exhibit some variation in their
GWPs (although the groups have been selected to minimize this
variation). Nevertheless, for each fluorinated GHG group, the default
GWP is expected to be a non-biased predictor of the GWPs of fluorinated
GHGs that belong to that group, including fluorinated GHGs that have
not had chemical-specific GWPs published in the peer-reviewed
literature. Importantly, the default GWP is expected to be a better
predictor (and in some cases, a far better predictor) of such GWPs than
zero, which is always an underestimate but is the GWP that has been
used to date when no chemical-specific GWP was on Table A-1. Thus,
adding the default GWPs to Table A-1 will significantly increase the
accuracy of the CO2e emissions that are calculated and
reported under the GHGRP.
    As noted in the proposal, the default GWPs will also increase the
stability and predictability of calculated CO2e emissions
from facilities. As chemical-specific GWPs for GHGs are developed, peer
reviewed, and added to Table A-1, the change from each default GWP to
the chemical-specific GWP is likely to be smaller than the change from
zero to the chemical-specific GWP. This will significantly reduce the
magnitude of any future revisions to or inconsistencies in the time
series of CO2e emissions. At the same time, having a default
GWP for each GHG may allow the EPA to update Table A-1 less frequently
because the default would reduce the error in CO2e estimates
that presently arises from not having a chemical-specific GWP for that
GHG on Table A-1.
    Furthermore, we do not agree that adding chemical-specific GWPs and
default GWPs at this time, or any future action to change these GWP
values, will have implications for stationary source permitting that
would justify not proceeding with this final action. The potential
implications for permitting fall into two main categories. The first
relates to the prospective triggering of permitting requirements at a
source based on calculations of CO2e using GWP values in
regulations. The second relates to compliance with emissions limits in
previously issued permits that may have limits expressed in the form of
CO2e calculated using the GWP values.
    As a general matter and as explained above, the potential impact of
these changes to GWP values on the PSD and title V permit requirements
that might apply to sources based on the GWP values has been narrowed
by the U.S. Supreme Court decision in Utility Air

Regulatory Group v. EPA (No. 12-1146). Under that decision, sources
cannot become subject to the requirement to obtain a permit as a major
source under these permitting programs based solely on their emissions
of GHGs, thereby limiting implications of changes to GWP values in this
context. As also discussed above, the revisions to Table A-1 are
otherwise not expected to have a significant impact on application of
the PSD BACT requirement to GHGs at sources that continue to require a
PSD permit based on emissions of other pollutants.
    With respect to permits that have already been issued, as explained
in a prior rulemaking relating to revisions to GWP values in Table A-1,
the EPA does not expect the revised GWPs to be applied retroactively to
prior permitting determinations and does not expect that previously
approved PSD or title V permits would be reopened solely based on
application of the revised GWPs in Table A-1 to prior years' emissions
(78 FR 71916). As the EPA previously explained, compliance with GHG
permit limits in existing, final PSD permits ``may be determined based
on the GWPs that were effect at the time of permit issuance (even if
the permit does not specify the applicable GWP value)'' (78 FR 71916).
Likewise, with regard to determinations of whether PSD permitting
requirements applied to a source previously permitted, the EPA has
already explained that ``GWP revisions should not affect past
permitting actions for a source that has obtained a final PSD permit
before these revisions to Part 98 become effective, regardless of
whether or not that PSD permit included GHG limits'' (78 FR 71916).
Should sources have specific questions regarding application of the new
GWP values to previously approved PSD or title V permits, they should
contact their permitting authority or their respective EPA regional
office.
    While there should be little to no impact on both categories of
permitting requirements based on this final action to add chemical-
specific GWPs and default GWPs for the reasons explained above, sources
are encouraged to talk to the appropriate permitting authority to the
extent that questions arise regarding specific permitting requirements
that apply or might apply to their GHG emissions.
    One commenter argued that establishing default GWPs was
inconsistent with the practice of the IPCC and therefore diverged from
accepted international practice, subjecting U.S. facilities to a
different standard than competitors in the World Semiconductor Council
(WSC) and elsewhere. As noted above, we believe that consistency
between the GHGRP and other national and international policies and
programs is important for the GHGs that are included in AR4; for these
GHGs, the improvement in accuracy that would be associated with the use
of more recent GWPs (e.g., from the Comprehensive Review or from AR5)
does not justify the loss of consistency with UNFCCC reporting that
would result. However, for the GHGs that are not included in AR4, the
improvement in accuracy associated with the assignment of default GWPs
rather than a GWP of zero does not result in a loss of consistency with
UNFCCC reporting, since the UNFCCC does not require the use of AR4 GWPs
for reporting emissions of these GHGs. In fact, the use of default GWPs
facilitates compliance with the UNFCCC Reporting Guidelines, which
``strongly encourage'' Annex I Parties ``to also report emissions and
removals of additional GHGs'' (i.e., GHGs whose GWPs are not included
in AR4). To the extent that other consistency issues arise, the EPA and
GHGRP stakeholders such as the WSC can make adjustments to GHGRP or
other data sets to ensure comparability between those sets (e.g., to
measure progress toward WSC goals).
    Regarding the comment that it would be difficult to assign
fluorinated GHGs to the correct fluorinated GHG group (and therefore to
select the correct default GWP), we have deliberately defined the
groups based on easily ascertained criteria related to chemical
structure. To further facilitate selection of the correct default GWP,
we intend to automatically assign it through our data system for
commonly used fluorinated GHGs and HTFs that are reported under the
GHGRP, such as fully fluorinated HTFs used in electronics
manufacturing. Thus, we do not expect that selection of the correct
default GWP will impose a significant burden on reporting facilities.

B. Amendments to Subpart L Reporting Requirements

1. Summary of Final Amendments to Subpart L Reporting Requirements
    As proposed, the EPA is permanently amending the subpart L
reporting requirements to require reporting at a more aggregated level
than in the 2010 subpart L rule. Specifically, we are requiring owners
and operators of facilities producing fluorinated gases to report (1)
emissions by fluorinated GHG group (chemical type) at the process level
for each generically defined production or transformation process, and
(2) emissions by chemical at the facility level for certain fluorinated
GHG emissions. These changes apply only to emissions from production
and transformation processes; emissions from venting of container heels
and destruction of previously produced fluorinated GHGs must be
reported by chemical and by process as required by the 2010 Subpart L
Rule.
    Fluorinated GHG emissions from production and transformation
processes must be reported by chemical at the facility level when (a)
the fluorinated GHG is emitted in quantities above 1,000 metric tons
CO2e (mtCO2e) and the facility produces more than
one fluorinated gas product,\17\ or (b) for facilities that produce
only one fluorinated gas product, the fluorinated GHG emitted is a
major fluorinated GHG constituent of a fluorinated gas product and the
fluorinated gas product is sold or otherwise transferred to another
person. (Other fluorinated GHG emissions from production and
transformation processes at the facility level will be reported by
chemical type.) Where the emission factor or emission calculation
factor approaches are used, facilities are required to further
disaggregate process emissions by emission type (i.e., into vented vs.
leaked emissions). In addition to the changes above, we are replacing
the requirements to report process-specific emission factors, activity
data, and destruction efficiencies with a requirement to identify, as a
range, the level by which the emissions of each process are reduced or
controlled (e.g., by destruction devices). We are also removing the
requirement that facilities report the following data elements: the
contents, locations, and functions of the streams analyzed under the
scoping speciation (40 CFR 98.126(a)(3) and (a)(4)).
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    \17\ We are defining fluorinated gas product as the product of
the process, including isolated intermediates.
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    All of these changes (as well as the revised default GWPs and
fluorinated GHG groups, discussed in Sections II.A and II.B.5 of this
preamble) will apply to (previously deferred) reporting for RYs 2011,
2012, and 2013 (i.e., reporting of emissions that occurred in 2011,
2012, and 2013), as well as to reporting for emissions that occur in
2014 and later years.
    To consolidate all of the revisions to subpart L that are related
to disclosure concerns, the EPA also is finalizing in this action the
alternative verification approach that was proposed for subpart L in
the Proposed Inputs Rule. (In the Proposed Amendments to Subpart L, we

discussed the relationship between those amendments and the amendments
that were proposed in the Proposed Inputs Rule, and we made available a
version of the subpart L regulatory text as it would be amended by both
actions (78 FR 69340).) The alternative verification approach for
subpart L is the same as that in the Final Inputs Rule, except that the
requirement for subpart L reporters to use IVT will apply to RY 2015
and later reporting years. This is necessary to allow the EPA to
develop a subpart L IVT module that integrates the subpart L reporting
requirements being finalized in this action.
    As noted in the Proposed Inputs Rule, the inputs verification tool
is designed to be used concurrently with annual reporting by
facilities. While additional verification could be conducted on past
years' data if the inputs verification tool were used for those years,
for the reasons stated in the Proposed Inputs Rule, the EPA has
determined that the added benefit does not outweigh the burden that
would be required for facilities to use the inputs verification tool
for years that will already have been reported in full by the time the
tool is available for use. For further details, please see the Proposed
Inputs Rule (78 FR 56004). As noted above, facilities will be
submitting full subpart L reports for Reporting Years 2011, 2012, and
2013 in calendar year 2015.
    As described in the Proposed Inputs Rule, the EPA is currently
using a two-step verification approach for the GHGRP:
     Initial automated review of reported data, using an
electronic data quality assurance program built into the data system,
for use by reporters and the EPA to help assure the completeness and
accuracy of data.
     Based on the initial review results, follow up with
facilities regarding potential errors, discrepancies, or questions,
including on-site audits.
    Until the Inputs Verification Tool is in place, the EPA intends to
continue to verify subpart L emissions using this approach. The EPA may
also perform manual checks. More specifically, the EPA intends to look
at expected emission levels and patterns, internal consistency,
consistency with emissions reported previously by the same facility,
consistency with emissions reported by other fluorinated gas production
facilities, and report completeness.
    We are also finalizing revisions to Table A-7 by removing all
subpart L inputs to equations from Table A-7. With the exception of the
data elements in 98.126(b)(10), (11), and (12), which were addressed in
the Proposed Amendments to Subpart L, the Proposed Inputs Rule proposed
to remove all subpart L inputs to equations from Table A-7. We are
finalizing these provisions as proposed. With respect to the data
elements in 98.126(b)(10), (11), and (12), these data elements were
proposed to be removed from the subpart L provisions in the Proposed
Amendments to Subpart L; however, we inadvertently did not make the
corresponding changes in Table A-7. As a result, consistent with the
Proposed Amendments to Subpart L, we are making the corresponding
change in Table A-7 and removing the data elements in 98.126(b)(10),
(11), and (12) from Table A-7 in this action.
2. Changes From the Proposed Rules
a. Changes to Provisions Proposed in the Proposed Amendments to Subpart
L
    The EPA is making minor changes to the reporting requirements
proposed in the Proposed Amendments to Subpart L to clarify and
streamline them. First, we are not finalizing two proposed reporting
provisions that would be redundant with two existing reporting
provisions. Specifically, we are not finalizing the proposed paragraphs
98.126(a)(6)(i) and (ii), which would have required reporting of
emissions from destruction of previously produced fluorinated GHGs and
emissions of container heels, because paragraphs 98.126(g) and (h)
already require this reporting. However, we are slightly revising
98.126(h) to require reporting of aggregate emissions of each
fluorinated GHG across container types and sizes (rather than for each
container type and size) as would have been required by the proposed
98.126(a)(6)(i). Reporting of emissions by container type and size is
no longer useful for verification given the removal of the requirement
to report heel factors by container type and size. Second, we are
clarifying in several places that the requirements to report facility-
level emissions by chemical or by fluorinated GHG group apply only to
emissions from production and transformation processes. Because
emissions from container venting and destruction of previously produced
fluorinated GHGs are already required to be reported by chemical from
each of these activities, it is not necessary to report them again at
the facility level (except as part of the total CO2e
emissions for the facility reported under 98.3(c)(4)(i)).
    Third, the EPA is removing 98.126(f)(5), the requirement to submit
a revised destruction device testing report when changes to the
destruction device would be expected to affect the destruction
efficiency (DE). This change is necessary for consistency with our
removal of the requirement to report the original DE at 98.126(f)(1).
As discussed in the Proposed Amendments to Subpart L, we identified
potential disclosure concerns associated with reporting of exact
destruction efficiencies at the process level under subpart L. These
concerns apply to revised destruction efficiencies as well as to
original destruction efficiencies. To ensure that we continue to
receive useful information on the level of control for each process, we
are finalizing our proposal to replace the requirement to report exact
destruction efficiencies with the requirement to report, as a range,
the effective DE of each process (78 FR 69348-49).
    In addition to these changes, we have revised the proposed
fluorinated GHG groups and default GWPs in response to comments. These
changes are discussed below in Section II.B.2.b.
b. Changes to Provisions Proposed Relative to the Alternative
Verification Approach
    As previously mentioned, the Proposed Inputs Rule included an
alternative verification approach and associated reporting and
recordkeeping requirements. This section discusses the changes since
proposal.
    First, we are not finalizing the entry of the inputs to the mass-
balance equations into IVT as proposed in the Proposed Inputs rule.
Shortly after issuing the Proposed Inputs Rule, we proposed to remove
the mass-balance approach altogether in the Proposed Amendments to
Subpart L for the reasons provided in the proposal. As discussed in
Section II.C of this preamble, we are finalizing the removal of the
mass-balance method through this action. Because the mass-balance
equations are no longer in subpart L, we are not requiring the entry of
the inputs to those equations into IVT.
    Second, we are requiring entry of chemical-specific emissions from
leaks for each process into IVT. In the Proposed Amendments to Subpart
L, we proposed to replace the reporting of this data element with the
reporting of CO2e emissions by fluorinated GHG group from
leaks for each process, which we believe will provide us adequate
information for policy purposes while addressing the potential
disclosure concerns associated with the reporting of chemical-specific
emissions from process leaks. In our effort to consolidate all subpart
L proposed revisions, including IVT, into one final action, we note
that entry of chemical-specific emissions from leaks into IVT

will facilitate verification of the replacement data reporting element.
Specifically, entry into IVT of chemical-specific emissions from leaks
for each process will allow us to verify (1) the reported
CO2e emissions by fluorinated GHG group from leaks for each
process, and (2) the emissions reported either by chemical or by
fluorinated GHG group (in CO2e) at the facility level.
Emissions from leaks are included in facility totals in either
chemical-specific or CO2e terms, depending on the magnitude
of the emissions of that chemical at the facility level. They are
therefore a necessary link between the emissions from vents calculated
by Equations L-21, L-22, L-26, and L-27, which the EPA proposed to
verify using IVT, and the emissions that will actually be reported at
the facility level under these amendments. In light of the above, we
are requiring in this final rule that chemical-specific emissions from
leaks for each process be entered into IVT, along with certain inputs
to emission equations, as part of the alternative verification
approach.
    Third, for clarity, we are adding an explicit requirement to report
the generically identified process for which missing data are reported
under 40 CFR 98.126(d). This is in addition to the revisions to
98.126(d) that were proposed in the Inputs Rule, which we are also
finalizing in today's action. Because emissions from fluorinated gas
production are monitored and calculated at the process level,
identification of the process is within the subpart A requirement to
report ``each data element for which a missing data procedure was used
according to the procedures of an applicable subpart'' at 98.3(c)(8).
However, to the extent there is any potential ambiguity, the addition
clarifies the requirement to report the generically identified process.
    Finally, we are not finalizing our proposal to enter the data
elements in Equations L-20, L-23, and L-25 into IVT. These data
elements, which are not required to be reported to EPA, were
inadvertently included in the group of subpart L inputs to emission
equations to be entered into IVT in the Proposed Inputs Rule. Equation
L-20 is used to calculate emission factors from multiple individual
emission factor measurements; Equation L-23 is used to calculate
adjusted process-vent-specific emission factors in the event of a
process change; and Equation L-25 is used to calculate emission
calculation factors based on emissions calculated using chemical
engineering principles or engineering assessments. These factors are
required to be measured and calculated only once every ten years or if
there is a change to the process. The calculations used to develop the
emission factors and emission calculation factors are important for
ensuring that facilities have correctly complied with subpart L's
requirements, but they are not essential for verifying emission
calculations every year. Further, individual emission factor
measurements are required to be included in the emissions test report
under 40 CFR 98.124(c)(5), which is kept as a record under 40 CFR
127(d)(4). Similarly, emission factor calculations are required to be
kept as records under 40 CFR 127(d)(5). For the reasons stated above,
we are not finalizing the entry of the data elements in Equations L-20,
L-23, and L-25 into IVT.
3. Summary of Comments and Responses on Proposed Amendments to
Reporting Requirements
    Comment: Three commenters supported the proposed replacement of
chemical-specific reporting at the process level with two levels of
more aggregated reporting. The commenters noted that grouping of
classes of compounds will aid in protecting information about which
they have disclosure concerns. Two of the commenters specifically
agreed with the proposal that facilities be required to report
emissions of fluorinated GHGs by chemical when emissions of that
fluorinated GHG exceed 1,000 mtCO2e for the facility as a
whole. An additional commenter noted that compound-specific reporting
at the facility level is sufficient to support efforts to identify and
resolve differences between ``bottom-up'' emission estimates based on
inventory methods and ``top-down'' emission estimates based on changing
atmospheric concentrations. Two commenters agreed that a facility
producing only one fluorinated gas should report emissions only by
fluorinated GHG group, unless the emissions consist of a major
fluorinated GHG constituent of the fluorinated gas product and that
product is sold or transferred to another facility.
    One commenter objected to the proposal to replace some chemical-
specific reporting with aggregate reporting. The commenter stated that
the proposal to require less information and ``generic, melded
information''--instead of process-specific and/or chemical specific
information--would undermine the EPA's mission to protect the health
and safety of the American public and the environment and the public's
ability to monitor the use of HFCs nationwide. The commenter asserted
that the EPA's proposal would materially reduce the amount and quality
of information available to inform future policy and that the proposal
would require significantly fewer facilities to submit data compared to
the original rule. In several cases, the commenter referred to
drawbacks that the EPA identified in the proposed rule for alternatives
to the preferred approach. The commenter suggested that certain
facilities that meet specified criteria could report their fluorinated
GHG emissions in a less detailed manner. The commenter further
suggested that one of these criteria could be whether or not the
facility is producing a unique product as opposed to a widely produced
HFC.
    Response: As discussed above, we are finalizing the amendments to
the reporting requirements as proposed. We agree with several of the
commenters that the amendments will address disclosure concerns while
allowing the EPA to collect the data necessary to inform the
development of future GHG policies and programs. This includes data on
the magnitudes (in CO2e), GWPs, atmospheric lifetimes, and
sources (vents or leaks) of emissions at the process level and data on
the exact chemical identities and magnitudes of significant emissions
(those that exceed the 1,000 mtCO2e threshold) at the
facility level. As discussed in the preamble to the proposed rule,
process-specific emissions information allows the EPA to identify
processes with high potential for emission reductions as well as
measures to achieve those reductions. Chemical-specific information
allows the EPA, as well as the public and the international community,
to better understand the atmospheric impacts of U.S. emissions, to
compare U.S. emissions to atmospheric measurements, and, if
inconsistencies between emissions and atmospheric measurements are
found, to better understand the magnitudes and causes of those
inconsistencies. We have concluded that the data that will be collected
under this final rule will enable us to meet these objectives.
    Contrary to the statements of one of the commenters, the amendments
will generally continue to require reporting of process-specific as
well as chemical-specific information. Under the final rule, facilities
making more than one fluorinated gas product must report their process-
specific emissions by fluorinated GHG group in CO2e, and
they must identify their processes by process type and subtype and a
generic identifier that will remain the same from year to year.
Together, these requirements will enable the EPA and the public to
identify processes that are reducing emissions or that have

potential to reduce emissions significantly and/or cost-effectively
(e.g., because the emissions are large and/or belong to a fluorinated
GHG group with a relatively high GWP). (The requirement to report the
effective DE range applied to each process will further inform such
analyses.) In addition, facilities making more than one fluorinated gas
product are required to report their facility-level emissions of
fluorinated GHGs by chemical when the emissions of that chemical exceed
1,000 mtCO2e. This will enable the EPA to identify
fluorinated GHGs (including individual HFCs) with high emissions and to
compare emissions to atmospheric measurements.
    Facilities making only one fluorinated gas product are required to
report their facility-wide emissions by fluorinated GHG group in
CO2e, except they must report the emissions by fluorinated
GHG when that fluorinated GHG is a major fluorinated GHG constituent of
a fluorinated gas product and the fluorinated gas product is sold or
otherwise transferred to another person. For facilities making only one
fluorinated gas product, the facility emissions are likely to result
from relatively few processes (and possibly only one), meaning that
even in this case, the reported emissions are likely to be close to
process-specific emissions. (We believe that only one or two facilities
are likely to make only one fluorinated gas product, which includes
intermediates that are fluorinated gases.)
    Also contrary to the statements of one of the commenters, these
amendments will not require fewer facilities to submit data. The
amendments do not affect the applicability of subpart L; all facilities
that have reported to date and that would have reported under the 2010
Subpart L final rule if unchanged going forward will report under these
amendments.
    Because we have concluded that the data to be collected under this
rule are sufficient to inform the development of future GHG policies
and programs with respect to emissions from the production of all
fluorinated gases, we are not pursuing an approach that would impose
different reporting requirements for facilities or processes that
produce ``unique'' vs. ``commonly made'' fluorinated gases. In addition
to being unnecessary, that approach would require the development and
application of criteria to determine which products or processes are
``unique,'' which would impose an administrative burden both on the
Agency and on the regulated community, and which would likely further
delay process- and chemical-specific reporting from fluorinated gas
producers. One of the challenges of developing and applying such
criteria would be that unique processes are sometimes used to produce
even commonly made fluorinated GHGs, including commonly made HFCs.
    We agree with one of the commenters that several of the
alternatives to the approach being finalized in today's rule, such as