oil and gas
                                                    commission Web sites
                                                    and from the EIA.
                                                    Thus, disclosure of
                                                    these data elements
                                                    would not be likely
                                                    to cause substantial
                                                    competitive harm and
                                                    we propose these
                                                    data elements be
                                                    designated as ``not
                                                    CBI.''

98.236(h)(1)(iv)..............  Average daily gas  This proposed data
                                 production rate    element would be
                                 for all            reported by onshore
                                 completions        petroleum and
                                 without            natural gas
                                 hydraulic          production
                                 fracturing in      facilities. This
                                 the sub-basin      data element
                                 without flaring,   potentially provides
                                 in standard        information about
                                 cubic feet per     the productivity of
                                 hour (average of   wells where
                                 all ``Vp'' as      hydraulic fracturing
                                 used in Equation   is not conducted and
                                 W-13B).            the emissions are
                                                    not flared. Because
                                                    production data for
                                                    individual
                                                    production wells are
                                                    publicly available,
                                                    the average daily
                                                    production for all
                                                    wells in a basin
                                                    presents no
                                                    information that is
                                                    not already publicly
                                                    available. Because
                                                    disclosure of this
                                                    data element would
                                                    not be likely to
                                                    cause substantial
                                                    competitive harm, we
                                                    propose this data
                                                    element be
                                                    designated as ``not
                                                    CBI.''
98.236(h)(2)(iii).............  Total number of    This proposed data
                                 hours that gas     element would be
                                 vented to a        reported by onshore
                                 flare during       petroleum and
                                 backflow for all   natural gas
                                 completions in     production
                                 the sub-basin      facilities and
                                 category (sum of   potentially provides
                                 all ``Tp'' for     information on the
                                 completions that   time spent on well
                                 vented to a        completions.
                                 flare as used in   Information specific
                                 Equation W-13B).   to exploratory wells
                                                    is generally
                                                    considered
                                                    proprietary
                                                    information by the
                                                    industry. However,
                                                    by reporting this
                                                    data as the total
                                                    for all completed
                                                    wells in a sub-basin
                                                    category, data for
                                                    individual wells
                                                    would not be
                                                    disclosed because of
                                                    the large number of
                                                    wells per sub-basin
                                                    category. Because
                                                    disclosure of this
                                                    data element would
                                                    not be likely to
                                                    cause substantial
                                                    competitive harm, we
                                                    propose this data
                                                    element be
                                                    designated as ``not
                                                    CBI.''
98.236(h)(2)(iv)..............  Average daily gas  This proposed data
                                 production rate    element would be
                                 for all            reported by onshore
                                 completions        petroleum and
                                 without            natural gas
                                 hydraulic          production
                                 fracturing in      facilities. This
                                 the sub-basin      data element
                                 with flaring, in   potentially provides
                                 standard cubic     information about
                                 feet per hour      the productivity of
                                 (the average of    wells where
                                 all ``Vp'' from    hydraulic fracturing
                                 Equation W-13B).   is not conducted and
                                                    the emissions are
                                                    flared. Because
                                                    production data for
                                                    individual
                                                    production wells are
                                                    publicly available,
                                                    the average daily
                                                    production for all
                                                    wells in a basin
                                                    presents no
                                                    information that is
                                                    not already publicly
                                                    available. Because
                                                    disclosure of this
                                                    data element would
                                                    not be likely to
                                                    cause substantial
                                                    competitive harm, we
                                                    propose this data
                                                    element be
                                                    designated as ``not
                                                    CBI.''
98.236(i)(1)(i)...............  Total number of    This proposed data
                                 blowdowns in the   element would be
                                 calendar year      reported by the
                                 for the            onshore petroleum
                                 equipment type     and natural gas
                                 (sum equation      production, onshore
                                 variable ``N''     natural gas
                                 from Equation W-   processing, onshore
                                 14A or Equation    natural gas
                                 W-14B of this      transmission
                                 subpart for all    compression, and LNG
                                 unique physical    import and export
                                 volumes for the    facilities.
                                 equipment type).   Blowdowns occur when
                                                    equipment is taken
                                                    out of service,
                                                    either to be placed
                                                    on standby or for
                                                    maintenance
                                                    purposes, and the
                                                    natural gas in the
                                                    equipment is
                                                    typically released
                                                    to the atmosphere.
                                                    This practice may
                                                    occur as part of a
                                                    routine scheduled
                                                    maintenance or as
                                                    the result of an un-
                                                    planned event (e.g.,
                                                    equipment
                                                    breakdown). Although
                                                    blowdown events may
                                                    be associated with
                                                    periods of reduced
                                                    production or
                                                    throughput, natural
                                                    gas processing
                                                    plants and LNG
                                                    import/export
                                                    facilities typically
                                                    have backup units
                                                    that can be used to
                                                    avoid production
                                                    shutdowns. Hence,
                                                    the number of
                                                    blowdown events that
                                                    occur during a
                                                    reporting year does
                                                    not indicate a plant
                                                    was shut down and
                                                    would not provide
                                                    any potentially
                                                    sensitive
                                                    information on the
                                                    impact of such
                                                    events on a
                                                    facility's
                                                    production or
                                                    throughput. Hence,
                                                    the disclosure of
                                                    the number of
                                                    blowdowns occurring
                                                    during a reporting
                                                    year is not likely
                                                    to cause substantial
                                                    competitive harm.
                                                    For this reason, we
                                                    propose that this
                                                    data element be
                                                    designated ``not
                                                    CBI'' when reported
                                                    by onshore natural
                                                    gas processing
                                                    plants and LNG
                                                    import/export
                                                    facilities.

                                                   These proposed data
                                                    elements would also
                                                    be reported by the
                                                    natural gas
                                                    transmission
                                                    compression sector.
                                                    Companies operating
                                                    in this sector are
                                                    subject to
                                                    regulatory oversight
                                                    by the Federal
                                                    Energy Regulatory
                                                    Commission (FERC),
                                                    state utility
                                                    commissions, and
                                                    other federal
                                                    agencies because
                                                    they operate in an
                                                    industry that is
                                                    inherently
                                                    uncompetitive. FERC
                                                    controls pricing,
                                                    sets rules for
                                                    business practices,
                                                    has the power to
                                                    impose conditions on
                                                    mergers and
                                                    acquisitions, and
                                                    has the sole
                                                    responsibility for
                                                    authorizing the
                                                    location,
                                                    construction and
                                                    operations of
                                                    companies operating
                                                    in this sector. The
                                                    rate charged for
                                                    transporting gas is
                                                    regulated. Hence the
                                                    tightly regulated
                                                    natural gas
                                                    transmission sector
                                                    is inherently less
                                                    competitive than
                                                    other industries.
                                                    Because disclosure
                                                    of the number of
                                                    blowdowns occurring
                                                    during a reporting
                                                    year would not be
                                                    likely to cause
                                                    substantive
                                                    competitive harm, we
                                                    propose this data
                                                    element be
                                                    designated as ``not
                                                    CBI'' when reported
                                                    by the natural gas
                                                    transmission sector.
98.236(j).....................  You must indicate  This proposed data
                                 whether your       element would be
                                 facility sends     reported by onshore
                                 produced oil to    petroleum and
                                 atmospheric        natural gas
                                 tanks.             production
                                                    facilities and
                                                    indicates only that
                                                    a facility is
                                                    equipped with
                                                    atmospheric storage
                                                    tanks. Atmospheric
                                                    storage tanks are
                                                    used to store
                                                    hydrocarbon liquids
                                                    from separators or
                                                    production wells.
                                                    Atmospheric tanks
                                                    are a typical part
                                                    of onshore
                                                    production
                                                    facilities and are
                                                    listed in each
                                                    facility's
                                                    construction and
                                                    operating permits,
                                                    which have to be
                                                    reissued when
                                                    modifications are
                                                    made to the
                                                    facility. Hence,
                                                    disclosure of this
                                                    data element would
                                                    not be likely to
                                                    cause substantial
                                                    competitive harm and
                                                    we propose that this
                                                    data element be
                                                    designated as ``not
                                                    CBI.''
98.236(j).....................  If any of the      These proposed data
                                 atmospheric        elements would be
                                 tanks are          reported by onshore
98.236(j)(3)(ii)..............   observed to have   petroleum and
                                 malfunctioning     natural gas
                                 dump valves,       production
                                 indicate that      facilities and
                                 dump valves were   provide information
                                 malfunctioning.    on malfunctioning of
                                If any of the gas-  dump valves on gas-
                                 liquid separator   liquid separators.
                                 liquid dump        Separators are used
                                 valves did not     to separate
                                 close properly     hydrocarbons into
                                 during the         liquid and gas
                                 reporting year,    phases and are
                                 the total time,    typically connected
                                 in hours, the      to atmospheric
                                 dump valves on     storage tanks where
                                 gas-liquid         the hydrocarbon
                                 separators did     liquids are stored.
                                 not close          Dump valves on
                                 properly (``Tn''   separators
                                 in equation W-     periodically release
                                 16)..              liquids from the
                                                    separator. The time
                                                    period during which
                                                    a dump valve is
                                                    malfunctioning
                                                    provides little
                                                    insight into
                                                    maintenance
                                                    practices or the
                                                    nature or cost of
                                                    repairs that are
                                                    needed. Therefore,
                                                    this information
                                                    would not be likely
                                                    to cause substantial
                                                    competitive harm to
                                                    reporters. For this
                                                    reason, we are
                                                    proposing these data
                                                    elements be
                                                    designated as ``not
                                                    CBI.''
98.236(k)(1)(iii).............  For each           These proposed data
                                 transmission       elements would be
                                 storage tank       reported by the
                                 vent stack,        onshore natural gas
98.236(k)(1)(iv)..............   indicate whether   transmission
                                 scrubber dump      compression sector.
                                 valve leakage is   Companies operating
                                 occurring for      in this sector are
                                 the underground    subject to
                                 storage vent.      regulatory oversight
                                For each            by FERC, state
                                 transmission       utility commissions,
                                 storage tank       and other federal
                                 vent stack,        agencies because
                                 indicate if        they operate in an
                                 there is a flare   industry that is
                                 attached to the    inherently
                                 vent stack..       uncompetitive. FERC
                                                    controls pricing,
                                                    sets rules for
                                                    business practices,
                                                    has the power to
                                                    impose conditions on
                                                    mergers and
                                                    acquisitions, and
                                                    has the sole
                                                    responsibility for
                                                    authorizing the
                                                    location,
                                                    construction and
                                                    operations of
                                                    companies operating
                                                    in this sector. The
                                                    rate charged for
                                                    transporting gas is
                                                    regulated. Hence the
                                                    natural gas
                                                    transmission sector
                                                    is inherently less
                                                    competitive than
                                                    other industries and
                                                    there is little
                                                    incentive to build
                                                    additional pipelines
                                                    and compressor
                                                    stations within the
                                                    same corridors as
                                                    existing
                                                    transmission lines.
                                                    Because disclosure
                                                    of these data
                                                    elements would not
                                                    be likely to cause
                                                    substantive
                                                    competitive harm, we
                                                    propose these data
                                                    elements be
                                                    designated as ``not
                                                    CBI.''

98.236(l)(1)(iv)..............  If oil well        This proposed data
                                 testing is         element would be
                                 performed where    reported by onshore
                                 emissions are      petroleum and
98.236(l)(2)(iv)..............   not vented to a    natural gas
                                 flare, the         production
                                 average flow       facilities. These
                                 rate in barrels    data elements
98.236(l)(3)(iii).............   of oil per day     provide information
                                 for well(s)        on the oil flow and
                                 tested.            gas production rates
                                If oil well         of wells. Oil and
                                 testing is         gas production data
                                 performed where    for individual wells
                                 emissions are      are publicly
                                 vented to a        available. Because
                                 flare, the         production data for
                                 average flow       individual
                                 rate in barrels    production wells are
                                 of oil per day     publicly available,
                                 for well(s)        the average of all
                                 tested..           wells tested
                                If gas well         presents no
                                 testing is         information that is
                                 performed where    not already publicly
                                 emissions are      available. Because
                                 not vented to a    disclosure of these
                                 flare, the         data elements would
                                 average annual     not be likely to
                                 production rate    cause substantial
                                 in actual cubic    competitive harm, we
                                 feet per day for   propose these data
                                 well(s) tested..   elements be
                                                    designated as ``not
                                                    CBI.''
98.236(l)(4)(iii).............  If gas well
                                 testing is
                                 performed where
                                 emissions are
                                 vented to a
                                 flare, the
                                 average annual
                                 production rate
                                 in actual cubic
                                 feet per day for
                                 well(s) tested.
98.236(m).....................  You must indicate  These proposed data
                                 whether any        elements would be
                                 associated gas     reported by onshore
98.236(m)(2)..................   was vented or      petroleum and
                                 flared during      natural gas
98.236(m)(3)..................   the reporting      production
                                 year.              facilities and
                                For each sub-       indicate whether
                                 basin, indicate    associated gas is
                                 whether any        flared or vented
                                 associated gas     directly to the
                                 was vented         atmosphere.
                                 without flaring..  Information on how
                                For each sub-       emissions are
                                 basin, indicate    handled does not
                                 whether any        provide any insight
                                 associated gas     into the operation
                                 was flared..       of the emission
                                                    source. Therefore,
                                                    disclosure of these
                                                    data elements would
                                                    be unlikely to cause
                                                    competitive harm.
                                                    For this reason, we
                                                    are proposing these
                                                    data elements be
                                                    designated as ``not
                                                    CBI.''
98.236(m)(5)..................  For each sub-      These proposed data
                                 basin, the         elements would be
                                 volume of oil      reported by onshore
98.236(m)(6)..................   produced during    petroleum and
                                 time periods in    natural gas
                                 which associated   production
                                 gas was vented     facilities and
                                 or flared          provide production
                                 (barrels).         related information
                                For each sub-       during periods when
                                 basin, the total   associated gas is
                                 volume of          vented or flared.
                                 associated gas     Associated gas is
                                 sent to sales      vented or flared
                                 during time        when it is not being
                                 periods in which   captured for sales.
                                 associated gas     Oil and gas
                                 was vented or      production data for
                                 flared (scf)..     individual
                                                    production wells are
                                                    publicly available,
                                                    By reporting this
                                                    data as total for
                                                    all production wells
                                                    in a sub-basin
                                                    category, no data
                                                    for individual wells
                                                    is disclosed that is
                                                    not already publicly
                                                    available. Because
                                                    disclosure of these
                                                    data elements would
                                                    not be likely to
                                                    cause substantial
                                                    competitive harm, we
                                                    propose they be
                                                    designated as ``not
                                                    CBI.''
98.236(o)(1)(xvi).............  Date of last       These proposed data
                                 maintenance        elements would be
98.236(o)(2)(viii)............   shutdown that      reported by onshore
                                 the compressor     petroleum and
                                 was                natural gas
                                 depressurized.     production
                                If the emission     facilities, onshore
                                 vent is routed     natural gas
                                 to flare,          processing plants,
                                 combustion, or     LNG import/export
                                 vapor recovery,    terminals, natural
                                 report the         gas transmission
                                 percentage of      compression,
                                 time that the      underground natural
                                 respective         gas storage
                                 device was         facilities, and LNG
                                 operational..      storage facilities.
                                                    These data elements
                                                    provide information
                                                    about the operation
                                                    and maintenance of
                                                    centrifugal
                                                    compressors.
                                                    Centrifugal
                                                    compressors are used
                                                    to move gas at high
                                                    pressure through
                                                    pipelines and are
                                                    standard equipment
                                                    found at all types
                                                    of natural gas
                                                    facilities.
                                                    Facilities typically
                                                    have backup
                                                    compressors to allow
                                                    operations to
                                                    continue without
                                                    interruption during
                                                    periods of
                                                    maintenance and
                                                    repair. Hence, the
                                                    percentage of time a
                                                    compressor was
                                                    operational and the
                                                    date of last
                                                    maintenance shutdown
                                                    would be not likely
                                                    to cause substantial
                                                    competitive harm to
                                                    any type of natural
                                                    gas facility. For
                                                    these reasons, we
                                                    propose these data
                                                    elements be
                                                    designated as ``not
                                                    CBI.''

98.236(p)(1)(xvi).............  Date of last       These proposed data
                                 maintenance        elements would be
98.236(p)(2)(viii)............   shutdown for rod   reported by onshore
                                 packing            petroleum and
                                 replacement.       natural gas
                                If the emission     production
                                 vent is routed     facilities, onshore
                                 to flare,          natural gas
                                 combustion, or     processing plants,
                                 vapor recovery,    LNG import/export
                                 report the         terminals, natural
                                 percentage of      gas transmission
                                 time that the      compression,
                                 respective         underground natural
                                 device was         gas storage
                                 operational..      facilities, and LNG
                                                    storage facilities.
                                                    These data elements
                                                    provide information
                                                    about the operation
                                                    and maintenance of
                                                    reciprocating
                                                    compressors.
                                                    Reciprocating
                                                    compressors are used
                                                    to move gas at high
                                                    pressure through
                                                    pipelines and are
                                                    standard equipment
                                                    found at all types
                                                    of natural gas
                                                    facilities.
                                                    Facilities typically
                                                    have backup
                                                    compressors to allow
                                                    operations to
                                                    continue without
                                                    interruption during
                                                    periods of
                                                    compressor
                                                    maintenance and
                                                    repair. Hence, the
                                                    percentage of time a
                                                    compressor is
                                                    operational and date
                                                    of last maintenance
                                                    shutdown would be
                                                    not likely to cause
                                                    substantial
                                                    competitive harm to
                                                    any type of natural
                                                    gas facility. For
                                                    these reasons, we
                                                    propose these data
                                                    elements be
                                                    designated as ``not
                                                    CBI.''
98.236(q)(2)(iii).............  Average time the   This proposed data
                                 surveyed           element would
                                 components were    provide information
                                 found leaking      on the amount of
                                 and operational,   time operational
                                 in hours           components were
                                 (average of Tp,z   found to be leaking.
                                 in Equation W-30   This information
                                 of this subpart).  would provide little
                                                    insight into
                                                    maintenance
                                                    practices at a
                                                    facility because it
                                                    would not identify
                                                    the cause of the
                                                    leaks or the nature
                                                    and cost of repairs.
                                                    Therefore, this
                                                    information would
                                                    not be likely to
                                                    cause substantial
                                                    competitive harm to
                                                    reporters. For this
                                                    reason, we are
                                                    proposing the
                                                    average time
                                                    operational
                                                    components were
                                                    found leaking be
                                                    designated as ``not
                                                    CBI.''
98.236(q)(3)(ii)..............  Number of meter/   These proposed data
                                 regulator runs     elements would be
                                 at above grade     reported by natural
98.236(q)(3)(iii).............   transmission-      gas distribution
                                 distribution       facilities. Natural
                                 transfer           gas distribution
                                 stations           companies are
                                 surveyed in the    subject to
98.236(q)(3)(v)...............   calendar year.     regulatory oversight
                                Average time that   by state utility
                                 meter/regulator    commissions because
98.236(q)(3)(vi)..............   runs surveyed in   they operate in an
                                 the calendar       industry that is
                                 year were          inherently not
                                 operational, in    competitive. The
                                 hours (average     state utility
                                 of Tw,y in         commission controls
                                 Equation W-31 of   pricing, sets rules
                                 this subpart,      for business
                                 for the current    practices, has the
                                 calendar year)..   power to impose
                                Number of meter/    conditions on
                                 regulator runs     mergers and
                                 at above grade     acquisitions, and
                                 transmission-      has the sole
                                 distribution       responsibility for
                                 transfer           authorizing the
                                 stations           location,
                                 surveyed in        construction and
                                 current leak       operations of
                                 survey cycle..     companies operating
                                Average time that   in this sector.
                                 meter/regulator    Because disclosure
                                 runs surveyed in   of these data
                                 the current leak   elements would not
                                 survey cycle       be likely to cause
                                 were               substantive
                                 operational, in    competitive harm, we
                                 hours..            propose these data
                                                    elements be
                                                    designated as ``not
                                                    CBI'' when reported
                                                    by natural gas
                                                    distributors.
98.236(w).....................  Whether CO2        This proposed data
                                 enhanced oil       element would be
                                 recovery (EOR)     reported by onshore
                                 injection was      petroleum and
                                 used at the        natural gas
                                 facility.          production
                                                    facilities. This
                                                    data element
                                                    indicates whether
                                                    EOR is performed.
                                                    However, underground
                                                    injection of CO2 is
                                                    regulated under 40
                                                    CFR parts 124, 144
                                                    and 146. Facilities
                                                    that inject CO2
                                                    underground are
                                                    required to have an
                                                    Underground
                                                    Injection Control
                                                    (UIC) permit, which
                                                    is a public document
                                                    issued by the EPA or
                                                    by states that have
                                                    primary enforcement
                                                    authority for
                                                    permitting injection
                                                    wells. Since this
                                                    information is
                                                    already available
                                                    through other public
                                                    documents, we
                                                    propose this data be
                                                    designated as ``not
                                                    CBI.''
98.236(w).....................  You must indicate  This proposed data
                                 whether any EOR    element would be
                                 injection pump     reported by the
                                 blowdowns          onshore petroleum
                                 occurred during    and natural gas
                                 the year.          production
                                                    facilities using
                                                    EOR. Blowdowns are a
                                                    typical operation
                                                    undertaken by EOR
                                                    operators and occur
                                                    when equipment is
                                                    taken out of service
                                                    either to be placed
                                                    on standby or for
                                                    maintenance
                                                    purposes. This
                                                    practice may occur
                                                    as part of a routine
                                                    scheduled
                                                    maintenance or be
                                                    the result of an un-
                                                    planned event (e.g.,
                                                    equipment
                                                    breakdown). Although
                                                    blowdown events may
                                                    be associated with
                                                    periods of reduced
                                                    production,
                                                    facilities typically
                                                    have backup pumps
                                                    that can be used to
                                                    avoid production
                                                    shutdowns. Hence,
                                                    the disclosure of
                                                    the number of
                                                    blowdowns occurring
                                                    during a reporting
                                                    year is not likely
                                                    to cause substantial
                                                    competitive harm.
                                                    For this reason, we
                                                    propose that this
                                                    data element be
                                                    designated ``not
                                                    CBI.''

98.236(x).....................  Whether            This proposed data
                                 hydrocarbon        element would be
                                 liquids were       reported by onshore
                                 produced through   petroleum and
                                 EOR operations.    natural gas
                                                    production
                                                    facilities using EOR
                                                    and provides
                                                    production related
                                                    information about
                                                    EOR operations.
                                                    However, production
                                                    data for wells is
                                                    available to the
                                                    public through state
                                                    oil and gas
                                                    commissions. Since
                                                    this information is
                                                    already available
                                                    through other public
                                                    documents, we
                                                    propose this data be
                                                    designated as ``not
                                                    CBI.''
98.236(z)(2)(i)...............  The type of        This data element
                                 combustion unit.   would be reported by
                                                    onshore petroleum
                                                    and gas production
                                                    facilities and
                                                    natural gas
                                                    distribution. This
                                                    data element would
                                                    provide information
                                                    on the types of
                                                    combustion units.
                                                    Information on the
                                                    types of combustion
                                                    units located at a
                                                    facility is often
                                                    available in a
                                                    facility's
                                                    construction and
                                                    operating permits.
                                                    For these reasons,
                                                    we consider
                                                    information on the
                                                    types of combustion
                                                    units in production
                                                    and distribution
                                                    facilities would not
                                                    be likely to cause
                                                    substantive
                                                    competitive harm and
                                                    propose this data
                                                    element be
                                                    designated as ``not
                                                    CBI'' for both
                                                    industry sectors.
98.236(z)(2)(ii)..............  Type of fuel       This data element
                                 combusted.         would be reported by
                                                    onshore petroleum
                                                    and gas production
                                                    facilities and
                                                    natural gas
                                                    distribution. This
                                                    data element would
                                                    provide information
                                                    on the types of fuel
                                                    burned. However,
                                                    facilities in both
                                                    these sectors
                                                    generally burn fuels
                                                    that are readily
                                                    available to them as
                                                    part of their
                                                    operations.
                                                    Information on the
                                                    types of fuels
                                                    burned by a facility
                                                    is often available
                                                    in a facility's
                                                    construction and
                                                    operating permits.
                                                    For these reasons,
                                                    we consider
                                                    information on the
                                                    types of fuels
                                                    burned by production
                                                    and distribution
                                                    facilities would not
                                                    be likely to cause
                                                    substantive
                                                    competitive harm and
                                                    propose this data
                                                    element be
                                                    designated as ``not
                                                    CBI'' for both
                                                    industry sectors.
98.236(aa)(1)(ii)(I)..........  For each sub-      This proposed data
                                 basin category,    element would be
98.236(aa)(1)(ii)(J)..........   the average mole   reported by onshore
                                 fraction CH4 in    petroleum and
                                 produced gas.      natural gas
                                For each sub-       production
                                 basin category,    facilities. The
                                 the average mole   typical composition
                                 fraction CO2 in    of produced gas is
                                 produced gas..     available through
                                                    the Gas Technology
                                                    Institute and the
                                                    Department of
                                                    Energy, Gas
                                                    Information System
                                                    (GASIS) Database.\5\
                                                    Both of these
                                                    sources are made
                                                    available to the
                                                    public. Since these
                                                    data are publicly
                                                    available we are
                                                    proposing these data
                                                    elements be
                                                    designated as ``not
                                                    CBI.''
98.236(aa)(4)(i)..............  The quantity of    These proposed data
                                 gas transported    elements would be
                                 through the        reported by the
98.236(aa)(4)(iv).............   compressor         onshore natural gas
                                 station in the     transmission
98.236(aa)(4)(v)..............   calendar year,     compression sector.
                                 in thousand        Companies operating
                                 standard cubic     in this sector are
                                 feet.              subject to
                                The average         regulatory oversight
                                 upstream           by FERC, state
                                 pipeline           utility commissions,
                                 pressure in        and other federal
                                 pounds per         agencies because
                                 square inch        they operate in an
                                 gauge..            industry that is
                                The average         inherently
                                 downstream         uncompetitive. FERC
                                 pipeline           controls pricing,
                                 pressure in        sets rules for
                                 pounds per         business practices,
                                 square inch        has the power to
                                 gauge..            impose conditions on
                                                    mergers and
                                                    acquisitions, and
                                                    has the sole
                                                    responsibility for
                                                    authorizing the
                                                    location,
                                                    construction and
                                                    operations of
                                                    companies operating
                                                    in this sector. The
                                                    rate charged for
                                                    transporting gas is
                                                    regulated. Hence the
                                                    natural gas
                                                    transmission sector
                                                    is inherently less
                                                    competitive than
                                                    other industries and
                                                    there is little
                                                    incentive to build
                                                    additional pipelines
                                                    and compressor
                                                    stations within the
                                                    same corridors as
                                                    existing
                                                    transmission lines.
                                                    Because disclosure
                                                    of pipeline
                                                    pressures and the
                                                    quantity of gas
                                                    transported through
                                                    the compressor would
                                                    not be likely to
                                                    cause substantive
                                                    competitive harm, we
                                                    propose these data
                                                    elements be
                                                    designated as ``not
                                                    CBI.''

98.236(aa)(5)(i)..............  The quantity of    These proposed data
                                 gas injected       elements would be
                                 into storage in    reported by
98.236(aa)(5)(ii).............   the calendar       underground natural
                                 year, in           gas storage
                                 thousand           facilities.
                                 standard cubic     Underground storage
                                 feet.              facilities are
                                The quantity of     closely associated
                                 gas withdrawn      with and are part of
                                 from storage in    the utilities'
                                 the calendar       integrated
                                 year, in           distribution
                                 thousand           systems. Some are
                                 standard cubic     owned by natural gas
                                 feet..             distribution
                                                    companies.
                                                    Distribution
                                                    companies are
                                                    regulated by state
                                                    commissions, because
                                                    they operate in an
                                                    industry that is
                                                    inherently not
                                                    competitive.
                                                    Underground storage
                                                    facilities are
                                                    constrained by
                                                    geographical and
                                                    geological
                                                    requirements. These
                                                    facilities must be
                                                    located in areas
                                                    where appropriate
                                                    geologic conditions
                                                    exist for gas
                                                    storage, while also
                                                    located near regions
                                                    of the country where
                                                    gas usage fluctuates
                                                    during the year.
                                                    Typically, gas is
                                                    injected into
                                                    underground storage
                                                    during the summer
                                                    months, when
                                                    consumer demand is
                                                    low, and withdrawn
                                                    during the winter
                                                    months, when demand
                                                    peaks. These factors
                                                    provide significant
                                                    barriers to new
                                                    companies moving
                                                    into the underground
                                                    storage sector or
                                                    existing companies
                                                    increasing their
                                                    market share.
                                                    Because disclosure
                                                    of these proposed
                                                    new data elements
                                                    would not be likely
                                                    to cause substantive
                                                    competitive harm to
                                                    underground storage
                                                    facilities, we
                                                    propose these data
                                                    elements be
                                                    designated as ``not
                                                    CBI.''
98.236(aa)(6).................  For LNG import     Quantities of LNG
                                 equipment, the     imported to the U.S.
                                 quantity of LNG    together with the
                                 imported in the    name of the importer
                                 calendar year,     are published by EIA
                                 in thousand        in quarterly
                                 standard cubic     reports. Because
                                 feet.              disclosure of this
                                                    proposed new data
                                                    element would not be
                                                    likely to cause
                                                    substantive
                                                    competitive harm, we
                                                    propose this data
                                                    element be
                                                    designated as ``not
                                                    CBI.''
98.236(aa)(7).................  For LNG export     Quantities of natural
                                 equipment, the     gas exported from
                                 quantity of LNG    the U.S. are
                                 exported in the    published by EIA in
                                 calendar year,     quarterly reports.
                                 in thousand        Because disclosure
                                 standard cubic     of this proposed new
                                 feet.              data element would
                                                    not be likely to
                                                    cause substantive
                                                    competitive harm, we
                                                    propose this data
                                                    element be
                                                    designated as ``not
                                                    CBI.''
98.236(aa)(8)(i)..............  The quantity of    These proposed data
                                 LNG added into     elements would be
                                 storage in the     reported by LNG
98.236(aa)(8)(ii).............   calendar year,     storage facilities.
                                 in thousand        Most LNG storage
                                 standard cubic     facilities are owned
                                 feet.              by distributors
                                The quantity of     whose operations are
                                 LNG withdrawn      regulated by FERC
                                 from storage in    and state
                                 the calendar       commissions, because
                                 year, in           they operate in an
                                 thousand           industry that is
                                 standard cubic     inherently not
                                 feet..             competitive. FERC
                                                    controls pricing,
                                                    sets rules for
                                                    business practices,
                                                    has the power to
                                                    impose conditions on
                                                    mergers and
                                                    acquisitions, and
                                                    has the sole
                                                    responsibility for
                                                    authorizing the
                                                    location,
                                                    construction and
                                                    operations of
                                                    companies operating
                                                    in this sector.
                                                    Because disclosure
                                                    of these proposed
                                                    new data elements
                                                    would not be likely
                                                    to cause substantive
                                                    competitive harm, we
                                                    propose these data
                                                    elements be
                                                    designated as ``not
                                                    CBI.''
98.236(aa)(9)(i)..............  The quantity of    Natural gas
                                 natural gas        distribution
                                 received at all    companies are
98.236(aa)(9)(ii).............   custody transfer   subject to
                                 stations in the    regulatory oversight
                                 calendar year in   by state utility
98.236(aa)(9)(iii)............   thousand           commissions, because
                                 standard cubic     they operate in an
                                 feet.              industry that is
98.236(aa)(9)(iv).............  The quantity of     inherently not
                                 natural gas        competitive. Many of
                                 withdrawn from     these data elements
                                 in-system          are also reported to
                                 storage in the     EIA on a monthly
                                 calendar year in   basis (e.g., natural
                                 thousand cubic     gas withdrawn from
                                 feet..             storage, natural gas
                                The quantity of     stored, gas received
                                 natural gas        at city gate). EIA
                                 added to in-       publishes the data
                                 system storage     on their Web site on
                                 in the calendar    an annual basis.
                                 year in thousand   Because disclosure
                                 cubic feet..       of these proposed
                                The quantity of     new data elements
                                 natural gas        would not be likely
                                 delivered to end   to cause substantive
                                 users in           competitive harm, we
                                 thousand cubic     propose these data
                                 feet. This value   elements be
                                 does not include   designated as ``not
                                 stolen gas, or     CBI.''
                                 gas that is
                                 otherwise
                                 unaccounted for.
98.236(aa)(9)(v)..............  The quantity of    .....................
                                 natural gas
                                 transferred to
                                 third parties
                                 such as other
                                 LDCs or
                                 pipelines in
                                 thousand cubic
                                 feet. This value
                                 does not include
                                 stolen gas, or
                                 gas that is
                                 otherwise
                                 unaccounted for.
98.236(aa)(9)(vi).............  The quantity of    .....................
                                 natural gas
                                 consumed by the
                                 LDC for
                                 operational
                                 purposes in
                                 thousand cubic
                                 feet.
98.236(aa)(9)(vii)............  The estimated      .....................
                                 quantity of gas
                                 stolen in the
                                 calendar year in
                                 thousand cubic
                                 feet.
------------------------------------------------------------------------

 ``Unit/Process `Static' Characteristics That Are Not Inputs to Emission
                        Equations'' Data Category
------------------------------------------------------------------------
98.236(o)(1)(iv) operating      For non-           These proposed data
 mode (v) not operating mode.    manifolded         elements would be
                                 compressors,       reported by onshore
                                 whether the        petroleum and
98.236(o)(1)(vii).............   compressor was     natural gas
                                 measured in the    production
98.236(o)(1)(viii)............   operating-mode     facilities, onshore
                                 or the not-        natural gas
98.236(o)(1)(ix)..............   operating-         processing plants,
                                 depressurized-mo   LNG import/export
                                 de.                terminals, natural
98.236(o)(1)(x)...............  Indicate whether    gas transmission
                                 any compressor     compression,
98.236(o)(1)(xi)..............   sources are        underground natural
                                 routed to a        gas storage
98.236(o)(1)(xiii)............   flare..            facilities, and LNG
98.236(o)(1)(xiv).............  Indicate whether    storage facilities.
98.236(o)(1)(xv)..............   any compressor     These data elements
                                 sources have       indicate whether a
                                 vapor recovery..   facility has
                                Indicate whether    centrifugal
                                 emissions from     compressors, how
                                 any compressor     emissions from each
                                 sources are        unit are handled,
                                 captured for       and specific
                                 fuel use or are    information about
                                 routed to a        the design and age
                                 thermal            of each centrifugal
                                 oxidizer..         compressor.
                                Indicate whether    Centrifugal
                                 the compressor     compressors are used
                                 has blind          to move gas at high
                                 flanges            pressure through
                                 installed..        pipelines and are
                                Indicate whether    standard equipment
                                 the compressor     found at all types
                                 has wet or dry     of natural gas
                                 seals..            facilities.
                                Compressor power    Centrifugal
                                 rating (hp)..      compressors are also
                                Year compressor     listed in each
                                 was installed..    facility's
                                Compressor model    construction and
                                 name and           operating permits,
                                 description..      which must be
                                                    updated and reissued
                                                    when modifications
                                                    are made. Hence, the
                                                    fact that a facility
                                                    has a centrifugal
                                                    compressor, its age
                                                    and design, and
                                                    emissions handling
                                                    reveals no sensitive
                                                    information that
                                                    would be likely to
                                                    cause substantial
                                                    competitive harm to
                                                    any type of natural
                                                    gas facility. For
                                                    these reasons, we
                                                    propose these data
                                                    elements be
                                                    designated as ``not
                                                    CBI.''
98.236(p)(1)(viii)............  Indicate whether   These proposed data
                                 any compressor     elements would be
                                 sources are part   reported by onshore
98.236(p)(1)(ix)..............   of a manifolded    petroleum and
                                 group of           natural gas
98.236(p)(1)(x)...............   compressor         production
                                 sources.           facilities, onshore
98.236(p)(1)(xi)..............  Indicate whether    natural gas
                                 any compressor     processing plants,
                                 sources are        LNG import/export
98.236(p)(1)(xii).............   routed to a        terminals, natural
                                 flare..            gas transmission
98.236(p)(1)(xiii)............  Indicate whether    compression,
98.236(p)(1)(xiv).............   any compressor     underground natural
98.236(p)(1)(xv)..............   sources have       gas storage
                                 vapor recovery..   facilities, and LNG
                                Indicate whether    storage facilities.
                                 emissions from     These data elements
                                 any compressor     indicate whether a
                                 sources are        facility has
                                 captured for       reciprocating
                                 fuel use or are    compressors, how
                                 routed to a        emissions from each
                                 thermal            unit are handled,
                                 oxidizer..         and specific
                                Indicate whether    information about
                                 the compressor     the design and age
                                 has blind          of each
                                 flanges            reciprocating
                                 installed..        compressor.
                                Compressor power    Reciprocating
                                 rating (hp)..      compressors are used
                                Year compressor     to move gas at high
                                 was installed..    pressure through
                                Compressor model    pipelines and are
                                 name and           standard equipment
                                 description..      found at all types
                                                    of natural gas
                                                    facilities.
                                                    Reciprocating
                                                    compressors are also
                                                    listed in each
                                                    facility's
                                                    construction and
                                                    operating permit,
                                                    which must be
                                                    updated and reissued
                                                    when modifications
                                                    are made. Because
                                                    disclosure of these
                                                    data elements would
                                                    be not likely to
                                                    cause substantial
                                                    competitive harm to
                                                    any type of natural
                                                    gas facility, we
                                                    propose these data
                                                    elements be
                                                    designated as ``not
                                                    CBI.''
98.236(z)(1)(ii)..............  The total number   This data element
                                 of combustion      would be reported by
                                 units.             onshore petroleum
                                                    and gas production
                                                    facilities and
                                                    natural gas
                                                    distribution.
                                                   This data element
                                                    provides information
                                                    on the number of
                                                    internal and
                                                    external combustion
                                                    units located at
                                                    onshore petroleum
                                                    and natural gas
                                                    production
                                                    facilities. However,
                                                    this information
                                                    would not be likely
                                                    to cause substantial
                                                    competitive harm if
                                                    released to the
                                                    public, since
                                                    internal and
                                                    external combustion
                                                    units are typical
                                                    parts of an onshore
                                                    petroleum and
                                                    natural gas
                                                    production facility
                                                    and the total number
                                                    of such units is not
                                                    considered to be
                                                    competitively
                                                    sensitive
                                                    information by this
                                                    industry sector.
                                                    Because disclosure
                                                    of the number of
                                                    combustion units
                                                    would not be likely
                                                    to cause substantive
                                                    competitive harm to
                                                    this sector, we
                                                    propose this data
                                                    element be
                                                    designated as ``not
                                                    CBI'' when reported
                                                    by onshore petroleum
                                                    and natural gas
                                                    production
                                                    facilities.
                                                   Natural gas
                                                    distribution
                                                    companies are
                                                    subject to
                                                    regulatory oversight
                                                    by state utility
                                                    commissions, because
                                                    they operate in an
                                                    industry that is
                                                    inherently not
                                                    competitive. Because
                                                    disclosure of the
                                                    number combustion
                                                    units would not be
                                                    likely to cause
                                                    substantive
                                                    competitive harm, we
                                                    propose this data
                                                    element be
                                                    designated as ``not
                                                    CBI'' when reported
                                                    by natural gas
                                                    distributors.

98.236(aa)(1)(ii)(C)..........  For each sub-      The formation type
                                 basin category,    refers to the
                                 the formation      following types of
                                 type.              formations: Oil,
                                                    high permeability
                                                    gas, shale gas, coal
                                                    seam, or other tight
                                                    gas reservoir rock.
                                                    The location of
                                                    these formations is
                                                    general information
                                                    that is publicly
                                                    available from EIA.
                                                    Because disclosure
                                                    of the formation
                                                    would not be likely
                                                    to cause substantive
                                                    competitive harm, we
                                                    propose this data
                                                    element be
                                                    designated as ``not
                                                    CBI.''
98.236(aa)(1)(ii)(D)..........  For each sub-      We are proposing that
                                 basin category,    each of these
                                 the number of      proposed new data
98.236(aa)(1)(ii)(E)..........   producing wells    elements be assigned
                                 at the end of      to the Unit/Process
                                 the calendar       Static
98.236(aa)(1)(ii)(F)..........   year.              Characteristics That
                                For each sub-       Are Not Inputs to
                                 basin category,    Emission Equations''
98.236(aa)(1)(ii)(G)..........   the number of      because each data
                                 producing wells    element provides
98.236(aa)(1)(ii)(H)..........   acquired during    descriptive
                                 the calendar       information about
                                 year..             units at the
                                For each sub-       facility and does
                                 basin category,    not meet the
                                 the number of      definition of
                                 producing wells    emission data. We
                                 divested during    propose that each
                                 the calendar       new data element be
                                 year..             designated as ``not
                                For each sub-       CBI'' because
                                 basin category,    detailed information
                                 the number of      regarding wells is
                                 wells completed    available from state
                                 during the         databases and
                                 calendar year..    permits. Because
                                For each sub-       disclosure of the
                                 basin category,    formation would not
                                 the number of      be likely to cause
                                 wells taken out    substantive
                                 of production      competitive harm, we
                                 during the         propose this data
                                 calendar year..    element be
                                                    designated as ``not
                                                    CBI.''
98.236(aa)(3)(vii)............  Whether the        Whether a natural gas
                                 onshore natural    processing facility
                                 gas processing     fractionates NGLs is
                                 facility           information that is
                                 fractionates       readily available
                                 natural gas        from other public
                                 liquids (NGLs).    sources, such as the
                                                    LPG Almanac (updated
                                                    annually) and other
                                                    trade journals. For
                                                    this reason,
                                                    disclosure of this
                                                    information would
                                                    not be likely to
                                                    cause substantial
                                                    competitive harm and
                                                    we propose that this
                                                    data element be
                                                    designated as ``not
                                                    CBI.''
98.236(aa)(4)(ii).............  Number of          These data elements
98.236(aa)(4)(iii)............   compressors.       would be reported by
                                The total           the onshore natural
                                 compressor power   gas transmission
                                 rating for all     compression sector.
                                 compressors        Companies operating
                                 combined, in       in this sector are
                                 horsepower..       subject to
                                                    regulatory oversight
                                                    by FERC, state
                                                    utility commissions,
                                                    and other federal
                                                    agencies because
                                                    they operate in an
                                                    industry that is
                                                    inherently
                                                    uncompetitive. FERC
                                                    controls pricing,
                                                    sets rules for
                                                    business practices,
                                                    has the power to
                                                    impose conditions on
                                                    mergers and
                                                    acquisitions, and
                                                    has the sole
                                                    responsibility for
                                                    authorizing the
                                                    location,
                                                    construction and
                                                    operations of
                                                    companies operating
                                                    in this sector.
                                                    Because disclosure
                                                    of the number and
                                                    power rating for
                                                    compressors would
                                                    not be likely to
                                                    cause substantive
                                                    competitive harm, we
                                                    propose these data
                                                    elements be
                                                    designated as ``not
                                                    CBI.''
98.236(aa)(5)(iii)............  The total storage  Companies operating
                                 capacity for       underground gas
                                 underground        storage facilities
                                 natural gas        are required to
                                 storage            report their storage
                                 facilities.        capacity to the EIA
                                                    by company on a
                                                    monthly basis. EIA
                                                    publishes the data
                                                    on their Web site on
                                                    an annual basis.
                                                    Because disclosure
                                                    of underground
                                                    storage capacity
                                                    would not be likely
                                                    to cause substantial
                                                    competitive harm, we
                                                    propose these data
                                                    elements be
                                                    designated as ``not
                                                    CBI.''
98.236(aa)(8)(iii)............  The total LNG      Most LNG storage
                                 storage capacity   facilities are
                                 in the calendar    regulated by FERC
                                 year, in           and state
                                 thousand           commissions, because
                                 standard cubic     they operate in an
                                 feet.              industry that is
                                                    inherently not
                                                    competitive. FERC
                                                    controls pricing,
                                                    sets rules for
                                                    business practices,
                                                    has the power to
                                                    impose conditions on
                                                    mergers and
                                                    acquisitions, and
                                                    has the sole
                                                    responsibility for
                                                    authorizing the
                                                    location,
                                                    construction and
                                                    operations of
                                                    companies operating
                                                    in this sector.
                                                    Because disclosure
                                                    of LNG storage
                                                    capacity would not
                                                    be likely to cause
                                                    substantial
                                                    competitive harm, we
                                                    propose these data
                                                    elements be
                                                    designated as ``not
                                                    CBI.''
------------------------------------------------------------------------

D. Other Proposed or Re-Proposed Case-by-Case Confidentiality
Determinations for Subpart W

    The proposed revision includes 11 new or substantially revised data
elements relative to production and/or throughput data from subpart W
facilities from the onshore petroleum and natural gas production,
offshore petroleum and natural gas production, and onshore natural gas
processing industry sectors. Although these data elements are similar
in certain types or characteristics to the data elements in
``Production/Throughput Data that are Not Inputs to Emissions
Equations'' or ``Raw Materials Consumed that are Not Inputs to
Emissions Equations'' data categories, for the reasons provided above
in Section III.B of this preamble, we are not proposing to assign these

data elements to a data category. Instead, we are proceeding to make
individual confidentiality determinations for these data elements. As
further explained in Section III.B of this preamble, we are also
proposing to remove one existing data element, 40 CFR
98.236(j)(2)(i)(A), from ``Production/Throughput Data Not Used as
Input,'' thereby removing the application of the categorical
confidentiality determination for this data category to this data
element. We are re-proposing the confidentiality determination for this
data element. Table 3 of this preamble lists the 11 new or
substantially revised data elements and one existing data element and
provides the rationale and proposed confidentiality determination for
each data element.
    As described above in Section III.B of this preamble, our proposed
determinations for these data elements were based on a two-step process
in which we first evaluated whether the data element met the definition
of emission data. This first step in the evaluation is important
because emission data are not eligible for confidential treatment
pursuant to section 114(c) of the CAA, which precludes emissions data
from being considered confidential and requires that such data be made
available to the public. The term ``emission data'' is defined in 40
CFR 2.301(a).
    We propose to determine that none of these 12 data elements are
emission data under 40 CFR 2.301(a)(2)(i), because they do not provide
any information characterizing actual GHG emissions or descriptive
information about the location or nature of the emissions source.
However, we note that this determination is made strictly in the
context of the GHGRP and may not apply to other regulatory programs.
    In the second step, we evaluate whether the data element is
entitled to confidentiality treatment, based on the criteria for
confidential treatment specified in 40 CFR 2.208. In particular, the
EPA focused on the following two factors: (1) Whether the data was
already publicly available; and (2) whether `` . . . disclosure of the
information is likely to cause significant harm to the business'
competitive position.'' See 40 CFR 2.208(e)(1). For each of these 12
data elements, we determined whether the information is already
available in the public domain.
    For those data elements for which no published data could be found,
we evaluated whether the publication would be likely to cause
competitive harm. Many of the new data elements proposed to be reported
by the onshore oil and gas production sector would be reported at an
aggregated-level (i.e., sub-basin level) that would mask any underlying
information for individual production wells. These data elements
involve reporting aggregated data covering all individual wells,
exploratory wells, and production equipment in a sub-basin, rather than
information specific to an individual well or other production unit.
Reporting at a sub-basin level is at a large enough scale that
disclosure of the collected data would not reveal any proprietary
information, such as the sensitive operational information or the cost
to do business. Because the proposed new data elements would also be
collected at a sub-basin level, they would not disclose production data
for individual wells, reveal information about individual exploratory
wells, or provide insight into production costs. Therefore, we propose
that the new production data proposed to be reported by the onshore oil
and gas production sector be designated as non-CBI because its
disclosure would not be likely to cause competitive harm.
    For offshore oil and gas production, the EPA is proposing that the
quantity of gas produced for sales, quantity of oil produced for sales,
and quantity of condensate produced for sales be reported. These data
elements do not provide any competitively sensitive information on the
costs of doing business. We note that similar data on throughputs for
individual platforms are published annually by the Bureau of Ocean
Energy Management. Therefore, we propose that these new production data
proposed to be reported by offshore oil and gas platforms be designated
as non-CBI because its disclosure would not be likely to cause
competitive harm.
    For natural gas processing, the EPA is proposing that the total
quantity of NGLs (bulk and fractionated) received at and leaving the
processing plant be reported on an annual basis. Because the reported
value would be the annual sum of bulk and fractionated NGLs received
and the annual sum of bulk and fractionated NGLs leaving the plant, the
data collected would provide very limited information on facility
operations and would not disclose any detailed information about the
facility's day-to-day operations, such as the amount, contents, and
price of each shipment of bulk material received, the amount, contents,
and price of each shipment of NGL product received, the amount of bulk
materials fractionated and costs of fractionation, or the type and
amounts of each individual NGL product produced. Because these data are
to be reported at an aggregated level, these proposed two new data
elements would not provide insight on operating costs, or other highly
sensitive aspects of operation the disclosure of which would be likely
to cause competitive harm. Therefore, we propose that the total
quantity of NGLs (bulk and fractionated) received at and leaving the
natural gas processing plant be designated as not CBI. In addition,
many facilities in this sector already voluntarily report these data to
the Worldwide Gas Processing survey and the data at the plant level are
published annually in the Oil and Gas Journal. Similar data are also
mandatorily reported monthly to the EIA. Although the EIA aggregates
the data before publishing data, the EIA also acknowledges that some
statistics may be based on data from fewer than three respondents, or
that are dominated by data from one or two large respondents, and in
these cases, it may be possible for a the information reported by a
specific respondent to be accurately estimated.

Table 3--Proposed Individual Confidentiality Determination for 13 New or
  Substantially Revised Data Elements and Re-Proposal for One Existing
                              Data Elements
------------------------------------------------------------------------
                                                          Proposed
                                                      confidentiality
           Citation                Data element      determination and
                                                         rationale
------------------------------------------------------------------------
              Onshore petroleum and natural gas production
------------------------------------------------------------------------
98.236(aa)(1)(i)(A)...........  The quantity of    We propose that each
                                 gas produced in    of these data
                                 the calendar       elements be
                                 year from wells,   designated as ``not
                                 in thousand        CBI.'' The onshore
                                 standard cubic     petroleum production
                                 feet. This         sector is a
98.236(aa)(1)(i)(B)...........   includes gas       regionally
                                 that is routed     concentrated sector,
                                 to a pipeline,     with wells located
98.236(aa)(1)(i)(C)...........   vented or          in fixed geological
                                 flared, or used    formations and a
                                 in field           large number of
98.236(aa)(1)(i)(D)...........   operations. This   operators within
                                 does not include   each formation.
                                 gas injected       Information that is
98.236(j)(2)(i)(A)............   back into          typically considered
                                 reservoirs or      sensitive to this
                                 shrinkage          industry includes
                                 resulting from     data related to
                                 lease condensate   production costs for
                                 production.        developed fields and
                                The quantity of     information on
                                 gas produced in    individual
                                 the calendar       exploratory wells.
                                 year for sales     Information on
                                 in thousand        exploratory wells is
                                 standard cubic     sensitive during the
                                 feet..             time period when a
                                For each basin,     new formation is
                                 the quantity of    being developed
                                 crude oil          because lease prices
                                 produced in the    are not stabilized
                                 calendar year      until wells have
                                 for sales, not     proven production
                                 including lease    records. Once the
                                 condensates, in    formation has been
                                 barrels..          developed and
                                For each basin,     several wells have
                                 the quantity of    been drilled in a
                                 lease condensate   basin, production
                                 produced in the    decisions are based
                                 calendar year      on market prices and
                                 for sales (in      the ability to
                                 barrels)..         control flow from
                                The total annual    the well. The
                                 oil throughput     production data that
                                 that is sent to    will be reported at
                                 all atmospheric    the basin or sub-
                                 tanks in the       basin level are
                                 basin, in          already publicly
                                 barrels..          available through
                                                    the Department of
                                                    Energy. Reporting at
                                                    the basin or sub-
                                                    basin level includes
                                                    data aggregated to a
                                                    scale large enough
                                                    that it does not
                                                    disclose production
                                                    data for individual
                                                    wells, reveal
                                                    sensitive
                                                    information about
                                                    individual
                                                    exploratory wells,
                                                    or provide insight
                                                    into production
                                                    costs.
------------------------------------------------------------------------
              Offshore petroleum and natural gas production
------------------------------------------------------------------------
98.236(aa)(2)(i)..............  The quantity of    We propose that each
                                 gas produced for   of these new data
                                 sales from the     elements be
98.236(aa)(2)(ii).............   offshore           designated as ``not
                                 platform in the    CBI'' because the
                                 calendar year      production
                                 for sales, in      throughput data are
                                 thousand           published annually
                                 standard cubic     on the Bureau of
                                 feet.              Ocean Energy
                                The quantity of     Management's Web
                                 oil produced for   site.
                                 sales from the
                                 offshore
                                 platform in the
                                 calendar year
                                 for sales (in
                                 barrels)..
98.236(aa)(2)(iii)............  The quantity of
                                 condensate
                                 produced for
                                 sales from the
                                 offshore
                                 platform in the
                                 calendar year
                                 for sales (in
                                 barrels).
------------------------------------------------------------------------
                     Onshore natural gas processing
------------------------------------------------------------------------
98.236(aa)(3)(i)..............  The quantity of    We propose that each
                                 produced gas       of these new data
                                 received at the    elements be
98.236(aa)(3)(ii).............   gas processing     designated as ``not
                                 plant in           CBI'' because the
                                 thousand           average annual flow
                                 standard cubic     and plant
                                 feet.              utilization rates
                                The quantity of     are published
                                 processed          quarterly on EIA's
                                 (residue) gas      Web site and are
                                 leaving the gas    already in the
                                 processing plant   public domain.
                                 in thousand
                                 standard cubic
                                 feet..
98.236(aa)(3)(iii)............  The quantity of    We propose that each
                                 NGLs (bulk and     of these new data
                                 fractionated)      elements be
98.236(aa)(3)(iv).............   received at the    designated as ``not
                                 gas processing     CBI'' because they
                                 plant in the       are already publicly
                                 calendar year,     available. Many
                                 in barrels.        facilities in this
                                The quantity of     sector already
                                 NGLs (bulk and     voluntarily report
                                 fractionated)      these data to the
                                 leaving the gas    Worldwide Gas
                                 processing plant   Processing survey
                                 in the calendar    and the data at the
                                 year, in           plant level are
                                 barrels..          published annually
                                                    in the Oil and Gas
                                                    Journal. Similar
                                                    data are also
                                                    mandatorily reported
                                                    monthly to the EIA.
                                                    Although the EIA
                                                    aggregates the data
                                                    before publishing
                                                    data, the EIA also
                                                    acknowledges that,
                                                    ``Disclosure
                                                    limitation
                                                    procedures are not
                                                    applied to the
                                                    statistical data
                                                    published from this
                                                    survey's
                                                    information. Thus,
                                                    there may be some
                                                    statistics that are
                                                    based on data from
                                                    fewer than three
                                                    respondents, or that
                                                    are dominated by
                                                    data from one or two
                                                    large respondents.
                                                    In these cases, it
                                                    may be possible for
                                                    a knowledgeable
                                                    person to estimate
                                                    the information
                                                    reported by a
                                                    specific
                                                    respondent.'' \6\
------------------------------------------------------------------------

    The list of data elements, their data category assignments, and
proposed confidentiality determinations can be found in the memorandum
titled ``Data Category Assignments and Confidentiality Determinations
for all Data Elements (excluding inputs to emission equations) in the
Proposed `Technical Revisions and Confidentiality Determinations for
Petroleum and Natural Gas Systems''' in Docket ID No. EPA-HQ-OAR-2011-
0512.

E. Request for Comments on Proposed Confidentiality Determinations

    For the CBI component of this rulemaking, we are specifically
soliciting comment on the following issues. First, we specifically seek
comment on the proposed data category

assignments, and application of the established categorical
confidentiality determinations to data elements assigned to categories
with such determinations. If a commenter believes that the EPA has
improperly assigned certain new or substantially revised data elements
to any of the data categories established in the 2011 Final CBI Rule,
please provide specific comments identifying which of these data
elements may be mis-assigned along with a detailed explanation of why
you believe them to be incorrectly assigned and in which data category
you believe they belong. In addition, if you believe that a data
element should be assigned to one of the two direct emitter data
categories that do not have a categorical confidentiality
determination, please also provide specific comment along with detailed
rationale and supporting information on whether such data element does
or does not qualify as CBI.
    We also seek comment on the proposed individual confidentiality
determinations for the following data elements: 72 new or substantially
revised data elements assigned to the ``Unit/Process `Operating'
Characteristics That Are Not Inputs to Emission Equations'' data
category; 29 new or substantially revised data elements assigned to the
``Unit/Process `Static' Characteristics That Are Not Inputs to Emission
Equations'' category; 11 new data elements for which no data category
assignment was proposed; and one existing data element for which we are