[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Proposed Rules]
[Pages 1434-1452]
[FR Doc No: 2011-33591]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0028; FRL-9614-9]
RIN 2060-AQ70

Proposed Confidentiality Determinations for Data Elements Under
the Mandatory Reporting of Greenhouse Gases Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action re-proposes confidentiality determinations for the
data elements under the Mandatory Greenhouse Gas Reporting Rule. On
July 7, 2010, EPA proposed confidentiality determinations for data
elements and is issuing this re-proposal today due to significant
changes to certain data elements. In addition, EPA is proposing
confidentiality determinations for seven new data elements that are not
inputs to equations. EPA is also proposing to categorize three data
elements as inputs to emission equations and to defer their reporting
deadline to March 31, 2013.

DATES: Comments. Comments must be received on or before March 12, 2012.
    Public Hearing. EPA does not plan to conduct a public hearing
unless requested. To request a hearing, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section by January 17,
2012. Upon such request, EPA will hold the hearing on January 25, 2012
in the Washington, DC area starting at 9 a.m., local time. EPA will
publish further information about the hearing in the Federal Register
if a hearing is requested.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0028, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Environmental Protection Agency, EPA Docket Center
(EPA/DC), Mailcode 6102T, Attention Docket ID No. EPA-HQ-OAR-2011-0028,
1200 Pennsylvania Avenue NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC
20004. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2011-0028. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
confidential business information (CBI) or other information whose
disclosure is restricted by statute.
    Do not submit information that you consider to be CBI or otherwise
protected through http://www.regulations.gov or email. Send or deliver
information identified as CBI to only the mail or hand/courier delivery
address listed above, attention: Docket ID No. EPA-HQ-OAR-2011-0028.
The http://www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to EPA without going through http://www.regulations.gov your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of

special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Docket, EPA/
DC, EPA West, Room B102, 1301 Constitution Ave. NW., Washington, DC.
This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone number for the
Air Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division,
Office of Atmospheric Programs (MC-6207J), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>For technical information, contact the Greenhouse
Gas Reporting Rule Hotline at: http://www.epa.gov/climatechange/emissions/ghgrule_contactus.htm. Alternatively, contact Carole Cook at
(202) 343-9263.
    Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of this proposal, memoranda to the docket, and all
other related information will also be available through the WWW on
EPA's greenhouse gas reporting rule Web site at http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

SUPPLEMENTARY INFORMATION:
    Acronyms and Abbreviations. The following acronyms and
abbreviations are used in this document.

BAMM Best Available Monitoring Methods
CAA Clean Air Act
CEMS continuous emission monitoring system
CO2 carbon dioxide
CBI confidential business information
CEMS Continuous Emission Monitoring System
CFR Code of Federal Regulations
EIA Energy Information Administration
EOR enhanced oil recovery
EPA U.S. Environmental Protection Agency
F-GHG fluorinated greenhouse gas
GHG greenhouse gas
ICR Information Collection Request
LDC local natural gas distribution company
LNG liquefied natural gas
MMBtu million Btu
MMscfd million standard cubic feet per day
MRV monitoring, reporting, and verification
NESHAP national emission standards for hazardous air pollutants
N2O nitrous oxide
NTTAA National Technology Transfer and Advancement Act of 1995
OMB Office of Management & Budget
PFC perfluorocarbon
R&D research and development
RFA Regulatory Flexibility Act
SF6 sulfur hexafluoride
UIC Underground Injection Control
UMRA Unfunded Mandates Reform Act of 1995
U.S. United States
WWW Worldwide Web

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

I. General Information
    A. What is the purpose of this action?
    B. Does this action apply to me?
    C. What should I consider as I prepare my comments to EPA?
II. Background and General Rationale
    A. Background
    B. Background on Data Elements in the ``Inputs to Emission
Equations'' Data Category
    C. What is the rationale for re-proposing the CBI determinations
for six subparts?
    D. How does the Technical Revisions final rule affect this
action?
III. Re-Proposal of CBI Determinations for Six Subparts
    A. Overview
    B. Direct Emitter Data Categories
    C. GHG Supplier Data Categories
    D. Commenting on the Proposed Confidentiality Determinations and
Data Category Assignments
IV. Proposal of CBI Determinations for New Data Elements in Subparts
II and TT
V. Deferral of Inputs to Emission Equations for Subparts FF and TT
and Amendment to Table A-6
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. General Information

A. What is the purpose of this action?

    This action has three purposes. First, EPA is re-proposing
confidentiality determinations for the data elements in six subparts
(L, DD, QQ, RR, SS, and UU) of 40 CFR part 98 of the Mandatory
Greenhouse Gases Reporting rule (hereafter referred to as ``part 98'').
EPA proposed confidentiality determinations for data elements contained
in the proposed subparts L, DD, QQ, RR, and SS in the July 7, 2010
proposed CBI determination notice (75 FR 39094; hereinafter referred to
as the ``July 7, 2010 CBI proposal''). These subparts were finalized in
December of 2010 as part of two separate amendments to part 98. As
explained in more detail in Section II.C of this preamble, many data
elements were added or significantly changed since proposal, and
portions of proposed subpart RR were split off to create a new subpart
UU. Additionally, on November 29, 2011, EPA finalized amendments to
subpart RR. See ``2011 Technical Corrections, Clarifying and Other
Amendments to Certain Provisions of The Mandatory Reporting of
Greenhouse Gases Rule'' (76 FR 73886; hereinafter referred to as the
``Technical Corrections final rule''). In light of the above, we are
re-proposing for public comment the confidentiality determinations for
the data elements in these six subparts to reflect the data elements in
the final six subparts and the new and revised data elements in subpart
RR in the Technical Corrections final rule.
    On May 26, 2011, EPA published the final CBI determinations for 35
part 98 subparts in ``Confidentiality Determinations for Data Required
Under the Mandatory Greenhouse Gas Reporting Rule and Amendments to
Special Rules Governing Certain Information Obtained Under the Clean
Air Act'' (76 FR 30782; hereinafter referred to as the ``Final CBI
Rule''). In that rule, we created 22 data categories (11 for direct
emitters of greenhouse gases (GHGs) and 11 for suppliers of GHGs and
products containing GHGs) and assigned data elements in the 35 subparts
to appropriate data categories. In today's action, we similarly propose
to assign the data elements in the six subparts into the appropriate
data categories created in the Final CBI Rule. For a list of the data
categories, see Section III.A of this preamble. This notice covers all
of the data elements from the six subparts except for those that are in
the ``Inputs to Emission Equations'' data category. The covered data
elements and their proposed category assignments are listed by data

category in the Memorandum entitled ``Docket EPA-HQ-OAR-2011-0028 Memo
A.'' This memorandum reflects the proposed revisions in the Technical
Corrections final rule.
    As in the Final CBI Rule, this proposal does not address data
elements from the six subparts in the ``Inputs to Emission Equations''
data category. Those data elements were identified in ``Change to the
Reporting Date for Certain Data Elements Required Under the Mandatory
Reporting of Greenhouse Gases Rule,'' published on August 25, 2011 (76
FR 53057; hereinafter referred to as the ``Final Deferral''). In that
action, EPA deferred the deadline for direct emitter reporters to
report ``Inputs to Emission Equations'' data elements. EPA deferred the
deadline for reporting some of these data elements to March 31, 2013,
and the deadline for reporting others to March 31, 2015. For easy
reference, we have placed a list of the data elements in these six
subparts that are assigned to the ``Inputs to Emission Equations'' data
category in the docket for today's action (``Docket EPA-HQ-OAR-2011-
0028 Memo B'').
    The second purpose of this action is to propose confidentiality
determinations for new data elements (that are not inputs to equations)
added to subparts II and TT in the Technical Corrections final rule (76
FR 73886). Subparts II and TT were originally finalized in July of
2010. Confidentiality determinations for the finalized data elements in
these two subparts were included in the Final CBI Rule; however, in the
Technical Corrections final rule that was issued after the Final CBI
Rule, certain existing data elements were revised and certain new data
elements were added. As discussed in Section I.D of this preamble, the
revisions do not change the information to be reported and therefore do
not affect the final confidentiality determinations for those data
elements. However, the Final CBI Rule does not address the new data
elements for these two subparts. Therefore, we are proposing
confidentiality determinations in this action for the new subpart II
and TT data elements added in the Technical Corrections final rule. The
new subpart II and TT data elements and their proposed category
assignments are listed by data category in Section IV of this preamble.
    The third purpose of this action is to propose amendments to Table
A-6 to subpart A of Part 98 to reflect amendments in the Technical
Corrections final rule (76 FR 73886). In the Technical Corrections
final rule, three new equation inputs are added to subparts FF and TT.
In this action, EPA is proposing to defer the reporting deadline for
these three equation inputs to March 31, 2013. As with other equation
inputs, EPA is in the process of evaluating the sensitivity of these
three equation inputs, and we believe that we can complete our
evaluation before March 31, 2013, the current reporting deadline for
the equation inputs listed in Table A-6 of Subpart A. EPA is therefore
proposing to add these inputs to Table A-6 to require their reporting
by March 31, 2013. Additionally, in the Technical Corrections final
rule, certain existing equation inputs were revised, including three
subpart TT equation inputs for which the section references were re-
numbered. As discussed further in Section I.D of this preamble, the
revisions to the equation inputs are technical or editorial in nature
and do not affect the information to be collected. However, Table A-6
does not currently account for the re-numerations. Therefore, we are
proposing to revise section references to the three subpart TT inputs
to equations in Table A-6 as finalized in the Technical Corrections
final rule.

B. Does this action apply to me?

    This proposal affects entities required to submit annual GHG
reports under certain subparts of Part 98. The Administrator determined
that this action is subject to the provisions of Clean Air Act (CAA)
section 307(d). See CAA section 307(d)(1)(V) (the provisions of CAA
section 307(d) apply to ``such other actions as the Administrator may
determine''). Part 98 and this action affect owners and operators of
fluorinated gas production facilities, electric power systems,
electrical equipment manufacturing facilities, carbon dioxide
(CO2) enhanced oil and gas recovery projects, acid gas
injection projects, geologic sequestration projects, importers and
exporters of pre-charged equipment and closed-cell foams, industrial
wastewater treatment facilities, underground coal mines, and industrial
waste landfills. Affected categories and entities include those listed
in Table 1 of this preamble.

           Table 1--Examples of Affected Entities by Category
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                                                  Examples of affected
             Category                 NAICS            facilities
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Fluorinated Gas Production.......       325120  Industrial gases
                                                 manufacturing
                                                 facilities.
Electrical Equipment Use.........       221121  Electric bulk power
                                                 transmission and
                                                 control facilities.
Electrical Equipment Manufacture         33531  Power transmission and
 or Refurbishment.                               distribution switchgear
                                                 and specialty
                                                 transformers
                                                 manufacturing
                                                 facilities.
Importers and Exporters of Pre-         423730  Air-conditioning
 charged Equipment and Closed-                   equipment (except room
 Cell Foams.                                     units) merchant
                                                 wholesalers.
                                        333415  Air-conditioning
                                                 equipment (except motor
                                                 vehicle) manufacturing.
                                        336391  Motor vehicle air-
                                                 conditioning
                                                 manufacturing.
                                        423620  Air-conditioners, room,
                                                 merchant wholesalers.
                                        443111  Household appliance
                                                 stores.
                                        423730  Automotive air-
                                                 conditioners merchant
                                                 wholesalers.
                                        326150  Polyurethane foam
                                                 products manufacturing.
                                        335313  Circuit breakers, power,
                                                 manufacturing.
                                        423610  Circuit breakers
                                                 merchant wholesalers.
CO2 Enhanced Oil and Gas Recovery          211  Oil and gas extraction
 Projects.                                       projects using CO2
                                                 enhanced recovery.
Acid Gas Injection Projects......    211111 or  Projects that inject
                                        211112   acid gas containing CO2
                                                 underground.
Geologic Sequestration Projects..          N/A  CO2 geologic
                                                 sequestration projects.
Underground Coal Mines...........       212113  Underground anthracite
                                                 coal mining operations.
                                        212112  Underground bituminous
                                                 coal mining operations.
Industrial Wastewater Treatment..       322110  Pulp mills.
                                        322121  Paper mills.
                                        322122  Newsprint mills.

                                        322130  Paperboard mills.
                                        311611  Meat processing
                                                 facilities.
                                        311411  Frozen fruit, juice, and
                                                 vegetable manufacturing
                                                 facilities.
                                        311421  Fruit and vegetable
                                                 canning facilities.
                                        325193  Ethanol manufacturing
                                                 facilities.
                                        324110  Petroleum refineries.
Industrial Waste Landfills.......       562212  Solid waste landfills.
                                        322110  Pulp mills.
                                        322121  Paper mills.
                                        322122  Newsprint mills.
                                        322130  Paperboard mills.
                                        311611  Meat processing
                                                 facilities.
                                        311411  Frozen fruit, juice, and
                                                 vegetable manufacturing
                                                 facilities.
                                        311421  Fruit and vegetable
                                                 canning facilities.
                                        221320  Sewage treatment
                                                 facilities.
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    Table 1 of this preamble lists the types of entities that
potentially could be affected by the reporting requirements under the
nine subparts covered by this proposal. However, this list is not
intended to be exhaustive, but rather provides a guide for readers
regarding facilities and suppliers likely to be affected by this
action. Other types of facilities and suppliers not listed in the table
could also be subject to reporting requirements. To determine whether
you are affected by this action, you should carefully examine the
applicability criteria found in 40 CFR part 98, subpart A as well as 40
CFR part 98 subparts L, DD, FF, II, QQ, RR, SS, TT, and UU. If you have
questions regarding the applicability of this action to a particular
facility, consult the person listed in the FOR FURTHER INFORMATION
CONTACT section of this preamble.

C. What should I consider as I prepare my comments to EPA?

1. Submitting CBI
    Clearly mark the part or all of the information that you claim to
be CBI. For CBI information in a disk or CD-ROM that you mail to EPA,
mark the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information marked as CBI will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
    Do not submit information that you consider to be CBI or otherwise
protected through http://www.regulations.gov or email. Send or deliver
information identified as CBI to only the mail or hand/courier delivery
address listed above, attention: Docket ID No. EPA-HQ-OAR-2011-0028.
    If you have any questions about CBI or the procedures for claiming
CBI, please consult the person identified in the FOR FURTHER
INFORMATION CONTACT section.
2. Tips for Preparing Your Comments
    When submitting comments, remember to:
    Identify the rulemaking by docket number and other identifying
information (e.g., subject heading, Federal Register date and page
number).
    Follow directions. EPA may ask you to respond to specific questions
or organize comments by referencing a CFR part or section number.
    Explain why you agree or disagree, and suggest alternatives and
substitute language for your requested changes.
    Describe any assumptions and provide any technical information and/
or data that you used.
    If you estimate potential costs or burdens, explain how you arrived
at your estimate in sufficient detail to allow us to reproduce your
estimate.
    Provide specific examples to illustrate your concerns and suggest
alternatives.
    Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    Make sure to submit your information and comments by the comment
period deadline identified in the preceding section titled DATES. To
ensure proper receipt by EPA, be sure to identify the docket ID number
assigned to this action in the subject line on the first page of your
response. You may also provide the name, date, and Federal Register
citation.
    To expedite review of your comments by Agency staff, you are
encouraged to send a separate copy of your comments, in addition to the
copy you submit to the official docket, to Carole Cook, U.S. EPA,
Office of Atmospheric Programs, Climate Change Division, Mail Code
6207-J, Washington, DC 20460, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>You are also encouraged to send a separate
copy of your CBI information to Carole Cook at the provided mailing
address in the FOR FURTHER INFORMATION CONTACT section. Please do not
send CBI to the electronic docket or by email.

II. Background and General Rationale

A. Background

    On October 30, 2009, EPA published the Mandatory GHG Reporting Rule
for collecting information regarding GHGs from a broad range of
industry sectors (74 FR 56260). Under Part 98 and its subsequent
amendments, certain facilities and suppliers above specified thresholds
are required to report GHG information to EPA annually. For facilities,
this includes those that directly emit GHGs (``direct emitters'') and
those that geologically sequester or otherwise inject CO2
underground. For suppliers, this includes those that supply certain
products that would result in GHG emissions if released, combusted, or
oxidized (``suppliers''). The data to be reported consist of GHG
emission and supply information as well as other data, including
information necessary to characterize, quantify, and verify the
reported emissions and supplied quantities. In the preamble to Part 98,
we stated, ``Through a notice and comment process, we will establish
those data elements that are `emissions data' and therefore [under CAA
section 114(c)] will not be afforded the protections of CBI. As part of
that exercise, in response to requests provided in comments, we may
identify classes of information that

are not emissions data, and are CBI'' (74 FR 56287, October 30, 2009).
    On July 7, 2010, (75 FR 39094) EPA proposed confidentiality
determinations for Part 98 data elements and proposed amending EPA's
regulation for handling CBI to add specific procedures for the
treatment of Part 98 data. The July 7, 2010 CBI proposal proposed
confidentiality status determinations for the data elements for 31
subparts included in the 2009 final Part 98 rule (see 74 FR 56260,
October 30, 2009), four subparts finalized in July 2010 (see 75 FR
39736, July 12, 2010), and seven new subparts that had been proposed
but not yet finalized as of July 2010 (see 75 FR 18576, 75 FR 18608,
and 75 FR 18652, April 12, 2010). The July 7, 2010 CBI proposal also
covered proposed changes to the reporting requirements for some of the
Part 98 subparts finalized in October 2009. These changes were proposed
in two separate rulemakings (see 75 FR 18455, April 12, 2010; and 75 FR
33950, June 15, 2010).
    On August 11, 2010, EPA published another proposed amendment to
Part 98 to change the description of some reported data elements and
require reporting of some new data elements for some of the Part 98
subparts finalized in October 2009 (75 FR 48744; hereinafter referred
to as the ``August 11, 2010 revisions proposal''). EPA issued a
supplemental CBI proposal that proposed confidentiality determinations
for the new and revised data elements included in the August 11, 2010
revisions notice (75 FR 43889, July 27, 2010; hereinafter referred to
as the ``July 27, 2010 supplemental CBI proposal'').
    On May 26, 2011, EPA published the Final CBI Rule for the data
elements in 35 Part 98 subparts that were covered in the July 2010
proposals, except for those data elements in the ``Inputs to Emission
Equations'' data category. In that final rule, EPA created 22 data
categories (11 for direct emitters and 11 for suppliers) and assigned
data elements in the 35 subparts to appropriate data categories. For 16
data categories (eight direct emitter data categories and eight
supplier data categories), EPA issued a category-based final CBI
determination for all data elements within the category. For another
five data categories (two direct emitter data categories and three
supplier data categories), EPA determined that they are not ``emission
data'' under CAA section 114(c) and 40 CFR 2.301(a)(2)(i) for purposes
of determining the GHG emissions to be reported under Part 98. However,
for the reasons explained in the preamble to that rule, EPA did not
make categorical CBI determination for these five data categories but
instead evaluated and determined for individual data elements in these
data categories whether they qualify as CBI. As a result, each of these
five categories contains both data elements determined to be CBI and
those determined not to be CBI. As explained in more detail in Section
II.B of this preamble, we did not take final action with respect to the
data elements in the remaining one of the 22 data categories addressed
in that rule: the ``Inputs to Emission Equations'' data category.
    In the May 26, 2011 Final CBI Rule, EPA did not finalize
confidentiality determinations for the data elements in five subparts
that had been proposed or re-proposed at the time of the July 7, 2010
CBI proposal (subparts L, DD, QQ, RR, and SS). EPA finalized those five
subparts and subpart UU \1\ in two separate actions. On December 1,
2010, we finalized subparts L, DD, QQ, and SS (75 FR 74774), and
subparts RR and UU (75 FR 75060). As explained in Section II.D of this
preamble, on November 29, 2011, we published the Technical Corrections
final rule that included, among other things, revisions to some subpart
RR data elements (76 FR 73886).
---------------------------------------------------------------------------

    \1\ EPA initially proposed subparts RR and UU as a single
subpart (subpart RR); however, as a result of public comments on
subpart RR, EPA moved all definitions, requirements, and procedures
for facilities conducting only CO2 injection (without
geologic sequestration) into a new subpart (subpart UU). Subpart RR
retained all definitions, requirements, and procedures related to
facilities conducting geologic sequestration.
---------------------------------------------------------------------------

    The six affected subparts are as follows:
     Subpart L, Fluorinated Gas Production.
     Subpart DD, Electrical Transmission and Distribution
Equipment Use.
     Subpart QQ, Importers and Exporters of Fluorinated
Greenhouse Gases Contained in Pre-charged Equipment or Closed-cell
Foams.
     Subpart RR, Geologic Sequestration of Carbon Dioxide.
     Subpart SS, Electrical Equipment Manufacture or
Refurbishment.
     Subpart UU, Injection of Carbon Dioxide.
    As explained in more detail in Section II.C of this preamble, EPA
is re-proposing confidentiality determinations for the data elements in
these six subparts.
    The Technical Corrections final rule also contains technical
corrections, clarifying and other amendments for four additional
subparts that were covered by the Final CBI Rule and the Final
Deferral. As explained in more detail in Section II.D of this preamble,
the revisions to the existing data elements in these subparts that are
not inputs to emission equations do not change the information to be
collected and therefore do not affect the confidentiality
determinations made in the Final CBI Rule. However, the Technical
Corrections final rule also added new data elements that are not inputs
to emission equations for subparts II and TT. EPA is proposing
confidentiality determinations in this action for these new data
elements.
    As further explained in Section II.D of this preamble, the
revisions to the existing data elements in these subparts that are
inputs to emission equations do not change the information to be
collected and therefore generally do not affect Tables A-6 and A-7 to
subpart A of Part 98, which were finalized in the Final Deferral to
defer the reporting deadline for inputs to emission equations to March
31, 2013, and March 31, 2015, respectively. The one exception is that
certain revisions in the Technical Corrections final rule do re-
numerate some subpart TT inputs, so EPA is proposing to amend Table A-6
in this action to reflect this re-numeration. The Technical Corrections
final rule also added new data elements that are inputs to emission
equations for subparts FF and TT. EPA is proposing to defer the
reporting deadline for these subpart FF and TT inputs to March 31,
2013. To accomplish this, EPA is proposing to amend Table A-6.
    The three affected subparts are as follows:
     Subpart FF, Underground Coal Mines.
     Subpart II, Industrial Wastewater Treatment.
     Subpart TT, Industrial Waste Landfills.

B. Background on Data Elements in the ``Inputs to Emission Equations''
Data Category

    EPA received numerous public comments on the July 7, 2010 CBI
proposal and the July 27, 2010 supplemental CBI proposal. In
particular, EPA received comments that raised serious concerns
regarding the public availability of data in the ``Inputs to Emission
Equations'' category. In light of some of the comments on inputs to
emission equations, EPA took three concurrent actions, which are as
follows:
     Call for Information: Information on Inputs to Emission
Equations under the Mandatory Reporting of Greenhouse Gases Rule, 75 FR
81366 (December 27, 2010).
     Change to the Reporting Date for Certain Data Elements
Required Under

the Mandatory Reporting of Greenhouse Gases Rule; Proposed Rule, 75 FR
81350 (December 27, 2010) (``proposed deferral'').
     Interim Final Regulation Deferring the Reporting Date for
Certain Data Elements Required Under the Mandatory Reporting of
Greenhouse Gases Rule, 75 FR 81338 (December 27, 2010) (``interim final
rule'').
    As explained in the proposed deferral notice, EPA has determined
that some of the comments on inputs to emission equations ``warrant in-
depth evaluation of the potential impact from the release of inputs to
emission equations, as well as collection and review of additional
information, that cannot be completed before the March 31, 2011
reporting deadline'' (75 FR 81350, 81353). We therefore issued the
proposed deferral to defer the reporting deadline for data elements
that are inputs to emission equations. Because EPA needed time to
complete the deferral rulemaking, EPA concurrently issued the interim
final rule to defer reporting of inputs to emission equations to August
31, 2011.\2\ EPA also concurrently issued the call for information to
collect additional information that will assist EPA with the evaluation
described above. Please see the December 27, 2010 notices for these
three actions for further details on these actions.
---------------------------------------------------------------------------

    \2\ The reporting deadline for year 2010 data required under the
Mandatory Reporting of Greenhouse Gases Rule has since been extended
to September 30, 2011. See 76 FR 14812 (March 18, 2011).
---------------------------------------------------------------------------

    On August 25, 2011, EPA published the Final Deferral (``Change to
the Reporting Date for Certain Data Elements Required Under the
Mandatory Reporting of Greenhouse Gases Rule''; 76 FR 53057). In that
action, EPA deferred the deadline for direct emitter reporters to
report ``Inputs to Emission Equations'' data elements. EPA deferred the
deadline for reporting some of these data elements to March 31, 2013,
and others to March 31, 2015. Data elements with the March 31, 2013,
reporting deadline are identified in Table A-6 to subpart A and those
with the March 31, 2015, reporting deadline are identified in Table A-7
to subpart A.
    As explained further in Section II.D of this preamble, the tables
in the Final Deferral do not reflect the changes or additions to inputs
to equations in the Technical Corrections final rule. EPA is therefore
proposing to amend Table A-6 to require reporting of the new inputs by
March 31, 2013, and to re-numerate certain section references as
finalized in the Technical Corrections final rule.

C. What is the rationale for re-proposing the CBI determinations for
six subparts?

    EPA included the data elements in the proposed subparts L, DD, QQ,
RR, and SS in the July 7, 2010 CBI proposal because EPA did not
anticipate any significant change to these data elements when
finalizing these subparts. However, EPA received comments on these
proposed subparts recommending significant changes to some of the data
elements in these subparts. In addition, EPA received numerous comments
on the July 7, 2010 CBI proposal requesting another opportunity to
comment on the final set of data elements in these six subparts after
their promulgation. After the subparts were promulgated, EPA evaluated
the changes made between proposal and promulgation. It was clear that
there were significant changes to the data elements in these subparts
since proposal. There were changes in the types of data to be
submitted, and new data elements were added. The changes also included
definition changes and clarifications as well as technical changes that
affected many of the data reporting categories and data elements.
Further, we split off portions of the proposed subpart RR and created a
new subpart UU. Given these significant changes, EPA agreed that an
opportunity to comment on the confidentiality of data elements in these
final six subparts is warranted. EPA is therefore re-proposing the
confidentiality determinations for the data elements in the final six
subparts.
    Because this is a re-proposal, EPA is not responding to previous
comments submitted on the July 7, 2010 CBI proposal relative to the
data elements in these subparts. Although EPA considered those comments
when developing this re-proposal, we encourage you to resubmit such
comments to ensure their consideration and response by EPA in this
rulemaking. In resubmitting previous comments, please make any
necessary changes to clarify that you are addressing the re-proposal
and add details as requested above.

D. How does the Technical Revisions final rule affect this action?

    On, November 29, 2011, EPA finalized technical corrections,
clarifying and other amendments to subparts W, FF, II, OO, RR, and TT
of Part 98 in the Technical Corrections final rule (76 FR 73886). The
final rule includes minor wording clarifications and editorial
corrections to 44 data elements in subpart RR, which do not change the
information to be reported to EPA. For example, several subpart RR data
elements were revised to correct a rule citation, such as from
paragraph (a)(5) to (a)(4). In this action, our confidentiality
determination re-proposal includes the 44 data elements in subpart RR
as revised in the Technical Corrections final rule. Because the
revisions do not change the information to be collected under this
subpart, we believe that it is appropriate to propose confidentiality
determinations for these 44 data elements as finalized in the Technical
Corrections final rule.
    The Technical Corrections final rule similarly includes revisions
to seventeen data elements in subparts FF, II, OO, and TT that are
minor wording clarifications and editorial corrections. As mentioned in
Section II.B of this preamble, on May 28, 2011, EPA issued final
confidentiality determinations for all non-input data elements in 35
subparts in part 98, including these 17 data elements in subparts FF,
II, OO, and TT. The revisions to the 17 data elements in these four
subparts do not change the information to be reported to EPA under
these requirements and therefore do not affect the May 26, 2011, final
confidentiality determinations for these 17 data elements. We are not
addressing these revisions in this action.
    In addition to the technical corrections described above, the
Technical Corrections final rule includes adding seven new non-input
data elements to subparts II and TT. Because these new data elements
were finalized after EPA's issuance of the final confidentiality
determinations for data elements in subparts II and TT and therefore
not covered by that action, we are proposing confidentiality
determinations for these seven data elements in this action. We
followed the same approach to category selection and confidentiality
determinations as was finalized in the Final CBI Rule and as is
followed for the six subparts in this action.
    The Technical Corrections final rule also revises 21 existing
inputs to equations in subparts FF, II, and TT. The revisions do not
change the information to be reported to EPA under these requirements.
For 18 of the 21 inputs, the revisions do not affect the August 25,
2011, final deferral. For the other three inputs, however, the
revisions do re-numerate section references to three subpart TT
equation inputs. These equation inputs were added in the August 25,
2011, final deferral to Table A-6 to subpart A of part 98, which lists
by section the inputs to equations to be reported by March 31, 2013. We
are therefore

proposing in this action to amend Table A-6 to re-numerate three
subpart TT equation inputs as finalized in the Technical Corrections
final rule.
    Lastly, in the Technical Corrections final rule, two new equation
inputs were added to subpart FF and one new equation input was added to
subpart TT. In this action, EPA is proposing to defer the reporting
deadline for these three equation inputs to March 31, 2013. As with
other equation inputs, EPA is in the process of evaluating the
sensitivity of these three equation inputs, and we believe that we can
complete our evaluation before March 31, 2013, the current reporting
deadline for the equation inputs listed in Table A-6 of Subpart A. EPA
is therefore proposing to add these inputs to Table A-6 to require
their reporting by March 31, 2013. In the Technical Corrections final
rule, we added the two new subpart FF inputs to equations to the
reporting requirements at 40 CFR 98.326(o). This regulatory paragraph
is already included in Table A-6 to subpart A for reporting by March
31, 2013, so we are not proposing in this action to amend Table A-6 to
account for the new subpart FF inputs to equations. However, the new
subpart TT equation input is not yet included in Table A-6. We are
therefore proposing in this action to amend Table A-6 to add it and
require its reporting by March 31, 2013.

III. Re-Proposal of CBI Determinations for Six Subparts

A. Overview

    We propose to apply categorical confidentiality determinations made
in the Final CBI Rule to the data elements in these six subparts that
are assigned to those categories. In this section, we are requesting
comment on two aspects of this proposal. First, we seek comment on the
proposed data category assignment for each of these data elements.
Second, for those data elements assigned to the five data categories
without categorical CBI determinations, we seek comment on the
individual confidentiality determinations we are proposing for these
data elements.
    In the Final CBI Rule, EPA created 22 data categories and assigned
data elements in 35 subparts to appropriate data categories. In this
re-proposal, EPA similarly proposes to assign each data element in the
final subparts L, DD, QQ, RR, SS, and UU to one of 21 data categories
\3\ based on the type and characteristics of the data element. For
example, data elements that refer to the amount and composition of raw
material (excluding fuel) consumed as inputs to the production process
have been assigned to the ``Raw Materials Consumed That Are Not Inputs
to Emission Equations'' data category. For a list of the proposed
category assignments (excluding inputs to emission equations) for the
data elements in these subparts, please see the Memorandum entitled
``Docket EPA-HQ-OAR-2011-0028 Memo A.'' Because the data categories
created in the Final CBI Rule are sufficient in scope to cover the data
elements in these six subparts, no new data categories are being
proposed. For a description of each data category and the type and
characteristics of data elements assigned to them, please see Sections
II.C and II.D of the July 7, 2010 CBI proposal.
---------------------------------------------------------------------------

    \3\ As previously mentioned, this proposal does not address data
elements in the ``Inputs to Emission Equations'' data category. For
data elements in these seven subparts that are assigned to the
``Inputs to Emission Equations'' category, please see the Memorandum
entitled ``[Docket EPA-HQ-OAR-2011-0028 Memo B].''
---------------------------------------------------------------------------

    As mentioned earlier in this preamble and shown in Tables 2 and 3
of this preamble, in the Final CBI Rule, EPA made categorical
confidentiality determinations (i.e., one determination that applies to
all data elements in that category) for 16 data categories (eight
direct emitter data categories and eight supplier data categories). For
the remaining five data categories (two direct emitter data categories
and three supplier data categories), EPA determined that they are not
``emission data'' for purposes of determining GHG emission to be
reported under Part 98 data elements but did not make categorical
determinations regarding their CBI status. The final categorical
determinations described above would apply to the data elements in the
six subparts that EPA assigns to these categories through this
rulemaking. We are soliciting comments on the proposed category
assignments for the data elements in these six subparts. If you believe
that EPA has improperly assigned certain data elements in these six
subparts to the data categories, please provide specific comments
identifying which data elements may be mis-assigned along with a
detailed rationale for why they are not correctly assigned and in which
data category they belong. In addition, if you believe that a data
element should be assigned to one of the five 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.
    As mentioned above, for five data categories (two direct emitter
data categories and three supplier data categories), we determined in
the Final CBI Rule that the data elements assigned to these data
categories are not emission data for purposes of determining the GHG
emissions to be reported under Part 98. However, for the reasons stated
in the preambles to the proposed and the Final CBI Rule, we made final
CBI determinations for individual data elements assigned to those
categories. In making these individual CBI determinations, we
considered the confidentiality determination criteria at 40 CFR 2.208,
in particular whether release of the data is likely to cause
substantial harm to the business's competitive position. See 40 CFR
2.208(e)(1). Consistent with that approach, we now propose to determine
for individual data elements in these five data categories whether they
qualify as CBI. For EPA's proposed CBI determinations for these data
elements, please see Section III.B of this preamble for data elements
in the two direct emitter data categories and Section III.C of this
preamble for data elements in the three supplier data categories. EPA
seeks comment on the proposed CBI determinations for the data elements
in these five categories. When submitting a comment disagreeing with a
proposed determination, please provide detailed supporting information
on why the individual data element does or does not qualify as CBI.
    Tables 2 and 3 of this preamble summarize the actions taken in the
Final CBI Rule for 21 of the 22 data categories created in that notice
(excluding the ``Inputs to Emission Equations'' data category).

           Table 2--Summary of Final Confidentiality Determinations for Direct Emitter Data Categories
----------------------------------------------------------------------------------------------------------------
                                                        Confidentiality determination for data elements in each
                                                                               category
                                                     -----------------------------------------------------------
                    Data category                                          Data that are not   Data that are not
                                                       Emission data \a\   emission data and   emission data but
                                                                                not CBI           are CBI \b\
----------------------------------------------------------------------------------------------------------------
Facility and Unit Identifier Information............                  X   ..................  ..................
Emissions...........................................                  X   ..................  ..................
Calculation Methodology and Methodological Tier.....                  X   ..................  ..................
Data Elements Reported for Periods of Missing Data                    X   ..................  ..................
 that are Not Inputs to Emission Equations..........
Unit/Process ``Static'' Characteristics that are Not  ..................              X \c\               X \c\
 Inputs to Emission Equations.......................
Unit/Process Operating Characteristics that are Not   ..................              X \c\               X \c\
 Inputs to Emission Equations.......................
Test and Calibration Methods........................  ..................                  X   ..................
Production/Throughput Data that are Not Inputs to     ..................  ..................                  X
 Emission Equations.................................
Raw Materials Consumed that are Not Inputs to         ..................  ..................                  X
 Emission Equations.................................
Process-Specific and Vendor Data Submitted in BAMM    ..................  ..................                  X
 Extension Requests.................................
----------------------------------------------------------------------------------------------------------------
\a\ Under CAA section 114(c), ``emission data'' are not entitled to confidential treatment. The term ``emission
  data'' is defined at 40 CFR 2.301(a)(2)(i).
\b\ Section 114(c) of the CAA affords confidential treatment to data (except emission data) that are considered
  CBI.
\c\ In the Final CBI Rule, this data category contains both data elements determined to be CBI and those
  determined not to be CBI.

              Table 3--Summary of Final Confidentiality Determinations for Supplier Data Categories
----------------------------------------------------------------------------------------------------------------
                                                        Confidentiality determination for data elements in each
                                                                               category
                                                     -----------------------------------------------------------
                    Data category                                          Data that are not   Data that are not
                                                       Emission data \a\   emission data and   emission data but
                                                                                not CBI           are CBI \b\
----------------------------------------------------------------------------------------------------------------
GHGs Reported.......................................  ..................              X \c\               X \c\
Production/Throughput Quantities and Composition....  ..................              X \c\               X \c\
Identification Information..........................  ..................                  X   ..................
Unit/Process Operating Characteristics..............  ..................              X \c\               X \c\
Calculation, Test, and Calibration Methods..........  ..................                  X   ..................
Data Elements Reported for Periods of Missing Data    ..................                  X   ..................
 that are Not Related to Production/Throughput or
 Materials Received.................................
Emission Factors....................................  ..................  ..................                  X
Amount and Composition of materials received........  ..................  ..................                  X
Data Elements Reported for Periods of Missing Data    ..................  ..................                  X
 That are Related to Production/Throughput or
 Materials Received.................................
Supplier Customer and Vendor Information............  ..................  ..................                  X
Process-Specific and Vendor Data Submitted in BAMM    ..................  ..................                  X
 Extension Requests.................................
----------------------------------------------------------------------------------------------------------------
\a\ Under CAA section 114(c), ``emission data'' are not entitled to confidential treatment. The term ``emission
  data'' is defined at 40 CFR 2.301(a)(2)(i).
\b\ Section 114(c) of the CAA affords confidential treatment to data (except emission data) that are considered
  CBI.
\c\ In the Final CBI Rule, this data category contains both data elements determined to be CBI and those
  determined not to be CBI.

B. Direct Emitter Data Categories

    For direct emitter subparts L, DD, RR,\4\ and SS, EPA proposes to
assign each data element to one of 10 direct emitter data categories.
Please see the Memorandum entitled ``Docket EPA-HQ-OAR-2011-0028 Memo
A'' for a list of the data elements in these subparts and their
proposed category assignment. In the Final CBI Rule, EPA made
categorical confidentiality determinations for eight direct emitter
data categories. EPA proposes to apply those final determinations to
the data elements assigned to those categories in this rulemaking. For
the data elements in the two direct emitter data categories that do not
have categorical confidentiality determinations, we are proposing on an
individual data element basis whether or not they qualify as CBI.\5\
---------------------------------------------------------------------------

    \4\ Subpart RR is neither a direct emitter nor a supplier source
category. For the purposes of this action, EPA placed each subpart
RR data element into one of the two categories based on its type and
characteristics.
    \5\ As mentioned above, EPA determined that data elements in
these two categories are not ``emission data'' under CAA section
114(c) and 40 CFR 2.301(a)(2)(i) for purposes of determining the GHG
emissions to be reported under Part 98. That determination would
apply to data elements in these six subparts assigned to those
categories through this rulemaking.
---------------------------------------------------------------------------

    The following two direct emitter data categories do not have
category-based CBI determinations: ``Unit/Process `Static'
Characteristics That are Not Inputs to Emission Equations'' and ``Unit/
Process Operating Characteristics That are Not Inputs to Emission
Equations.'' For these two categories, EPA evaluated the individual
data elements assigned to these categories to determine whether
individual data elements qualify as CBI. In the sections below, EPA
explains the data elements in these two categories by subpart and
states the reasons for proposing to determine that each does or does
not qualify as CBI under CAA section 114(c). EPA is specifically
soliciting comments on the CBI proposals for data elements in these two
data categories. In each subpart section below, the data elements that
are part of the annual GHG report submission are identified in bulleted
lists. Any data elements that are part of subpart-specific BAMM use
extension requests are discussed but not

individually listed because they are repetitive (for example, there are
several data elements that slightly differ by only a date or equipment
type), lengthy, and numerous. These data elements are listed
individually by data category and proposed confidentiality
determination in the Memorandum entitled ``Docket EPA-HQ-OAR-2011-0028
Memo A.'' In the subpart RR section below, EPA also identifies in a
bulleted list four data elements for which we considered multiple
approaches to making a CBI determination and one data element for which
we considered multiple approaches to making a data category assignment.
We specifically request comment on the proposed approaches for these
five subpart RR data elements.
1. Subpart L--Fluorinated Gas Production
    The ``Unit/Process `Static' Characteristics That are Not Inputs to
Emission Equations'' data category.
    EPA is proposing to assign one subpart L data element to the
``Unit/Process `Static' Characteristics That are Not Inputs to Emission
Equations'' data category because it is a basic facility-specific
characteristic that does not vary with time or with the operations of
the process (and is not an input to an emission equation). The data
element is:
     Location and function of the stream(s) (including process
streams, emissions streams, and destroyed streams) that were analyzed
under the initial scoping speciation of fluorinated GHG at 40 CFR
98.124(a), by process. (proposed as CBI)
    EPA proposes to determine that disclosure of this data element
would likely result in substantial competitive harm if released and
therefore will be protected as confidential business information. EPA
finds that this data element could provide insight into the
manufacturing process and the configuration of the facility, such as
which process equipment is sending streams to which process equipment.
This could reveal information about configuration efficiencies that the
reporter has developed, generally at great expense and time investment,
to minimize manufacturing cost and to maximize the manufacturing rate.
If a competitor could review such information on configuration, the
competitor would be able to adopt the reporter's efficiency practices
with less development time and expense and would gain competitive
advantage at the expense of the reporter's competitive advantage.
Therefore, EPA finds that releasing the data element describing the
location and function of the process streams would likely result in
substantial competitive harm, and EPA proposes to determine that this
data element qualifies for protection as confidential business
information.
    The ``Unit/process Operating Characteristics That Are Not Inputs to
Emission Equations'' data category.
    EPA is proposing to assign 23 subpart L data elements to the
``Unit/process Operating Characteristics That are Not Inputs to
Emission Equations'' data category because they are characteristics of
units, equipment, abatement devices, and other facility-specific
characteristics that vary over time with changes in operations and
processes (and are not inputs to emission equations). Twenty-two of
these data elements are part of extension requests for the use of BAMM
and relate to the reasons for a request and expected dates of
compliance with reporting requirements. One is part of the annual GHG
report and is listed here:
     Name of all applicable Federal or State regulations that
may apply to the destruction process.
    As discussed in more detail below, EPA is proposing that seven data
elements in the ``Unit/process Operating Characteristics That Are Not
Inputs to Emission Equations'' data category are CBI. (All seven are
part of data elements included in BAMM use extension requests.) EPA is
proposing to determine that the other data elements in the ``Unit/
process Operating Characteristics That Are Not Inputs to Emission
Equations'' data category are not CBI.
    EPA proposes to determine that the annual GHG report data element
in this category is not CBI. The Federal and State regulations that may
apply to a fluorinated GHG destruction process or device are already
part of the public record as part of the facility's Title V operating
permit or minor source air emissions permit. Furthermore, Federal
regulations are published in the CFR (e.g., Miscellaneous Organic
NESHAP is published at 40 CFR part 63, subpart FFFF) and State
regulations are similarly published (e.g., the Louisiana Administrative
Code 33: III.501.C.6 is published in the Louisiana Register). Because
this information is publicly available it does not qualify for
protection as confidential business information and will be considered
to be non-CBI.
    EPA proposes to determine that seven of the 22 data elements
included in BAMM use extension requests qualify as CBI because their
disclosure would likely cause substantial harm to the reporter's
competitive positions (each data element and its proposed category
assignment are listed by data category in the Memorandum entitled
``Docket EPA-HQ-OAR-2011-0028, Memo A.'') Three of these data elements
reveal the reason for requesting a BAMM extension and the reason why
equipment was not (or could not be) installed. EPA has reviewed a
number of BAMM use extension requests and determined that these three
data elements contain detailed information, such as process diagrams
and operational information. Process diagrams and operational
information could provide insight into configuration efficiencies that
the reporter has developed, generally at great expense and time
investment, to minimize manufacturing cost and to maximize the
manufacturing rate. If a competitor could review such information on
the reporter's configuration, the competitor would be able to adopt the
reporter's efficiency practices with less development time or expense
and would gain competitive advantage at the expense of the reporter's
competitive advantage. Therefore, EPA finds that releasing the reasons
for requesting a BAMM use extension would likely result in substantial
competitive harm, and EPA proposes to determine that this information
will be treated as confidential business information.
    We also propose to find that four other data elements that divulge
when an owner or operator will be able to attain data, equipment, or
measurements to comply with reporting requirements are eligible for
confidential treatment. These data elements would reveal information
about the installation date of equipment and the date of anticipated
startup. This could provide sensitive information regarding future
process shutdowns, and likely would cause substantial competitive harm
if disclosed because competitors could use this information to
anticipate and potentially benefit from future decreases in product
supply. For example, a competitor able to anticipate the shutdown of a
reporter's facility and resulting decrease in product supply, could use
this information to attract customers away from a reporter by
increasing its own production or could adjust the price of its own
products.
    EPA proposes to determine that the remaining 15 data elements
included in BAMM use extension requests do not qualify as CBI. These
are narrow data elements that focus on specific reasons for the BAMM
extension, such as proof of service or equipment backorder, technical
infeasibilities, and conflicting safety regulations or laws.
Additionally, three of these data elements are descriptions of how the
facility will

prepare to meet requirements by the end of the BAMM period. These data
elements do not contain detailed information, such as process diagrams
and operational information. Rather, they are information on
administrative activities and regulatory requirements to which the
facility is subject that are not protected as proprietary by the
reporting facilities. Therefore, EPA proposes to determine that these
are not data elements the disclosure of which would likely cause
substantial competitive harm and will not be protected as CBI. They
will be considered non-CBI.
    Finally, three of these data elements are illustrative
documentation such as photographs and engineering diagrams that
demonstrate how access to process streams, emissions streams, or
destroyed streams could not be gained without process shutdown. Based
on the type of documentation that EPA has received, EPA finds that
these illustrative diagrams and photographs sent by reporters generally
do not provide insight into the reporter's production processes or
operational efficiencies because they only show information that is
relevant to the access point in question and processes immediately
upstream and downstream of that access point. Therefore, EPA proposes
to determine that disclosure of these data elements is not likely to
cause substantial competitive harm; therefore, they do not qualify for
protection as CBI and will be considered to be non-CBI.
    EPA is soliciting comments on EPA's proposed determinations
described above. When submitting a comment disagreeing with a proposed
determination, please identify the specific data element(s) and provide
detailed supporting information on why EPA's proposed determination is
not appropriate and why such data element(s) do or do not qualify as
CBI.
2. Subpart DD--Electrical Transmission and Distribution Equipment Use
    Subpart DD covers facilities that move electricity rather than
produce or process a product. EPA is proposing to assign three subpart
DD data elements to the ``Unit/Process `Static' Characteristics That
are Not Inputs to Emission Equations'' data category because they are
basic characteristics of equipment and facility-specific lines that do
not vary with time or with the operations of the process (and are not
inputs to emission equations). These three data elements are:
     Nameplate capacity of equipment containing sulfur
hexafluoride (SF6) or perfluorocarbon (PFC) existing as of
the beginning of the year (excluding hermetically sealed-pressure
switchgear).
     Transmission miles (length of lines carrying voltage at or
above 34.5 kilovolt).
     Distribution miles (length of lines carrying voltages at
or below 35 kilovolt).
    EPA is proposing that all data elements in this data category are
non-CBI. Nameplate capacity is the engineered volume of SF6
or PFC contained in transmission and distribution equipment. Total
nameplate capacity can vary significantly from facility to facility
depending on the total number of pieces of equipment used, the age and
manufacture of equipment, the location of the equipment (e.g., urban
vs. rural), climatic conditions, number of transmission or distribution
miles within the facility, etc. Information about nameplate capacity
does not provide insight into the performance (ability to transmit or
distribute electricity) or the operational efficiency for this type of
facility that would likely cause substantial competitive harm if
disclosed. Therefore, the disclosure of the nameplate capacity data
element is not likely to cause substantial competitive harm, and EPA is
proposing it as non-CBI.
    Moreover, data on transmission and distribution miles is also
publicly available in the Platts UDI Directory of Electric Power
Producers and Distributers, \6\ which can be purchased by any
interested party. Disclosure of these data by EPA does not provide any
additional insight into facility-specific operating conditions or
process design or to any other proprietary or sensitive information
that would give insight for competitors to gain an advantage over the
reporter. Because this information is publicly available, EPA proposes
to determine that these data elements are not confidential; they will
be considered non-CBI.
---------------------------------------------------------------------------

    \6\ http://www.platts.com/Products/electricpowerproducerdirectory.
---------------------------------------------------------------------------

    EPA is soliciting comments on EPA's proposed determinations
described above. When submitting a comment disagreeing with a proposed
determination, please identify the specific data element(s) and provide
detailed supporting information on why EPA's proposed determination is
not appropriate and why such data element(s) do or do not qualify as
CBI.
3. Subpart RR--Geologic Sequestration of Carbon Dioxide
    Subpart RR is neither an exclusively direct emitter nor a supplier
source category, so for the purposes of this action EPA assigned each
subpart RR data element to one of the two groups based on its type and
characteristics. EPA assigned subpart RR data elements that pertain to
surface leakage to one of the direct emitter data categories and the
remaining subpart RR data elements to one of the supplier data
categories.
    For the following five subpart RR data elements in the direct
emitter ``Test & Calibration Methods'' data category, EPA considered
multiple approaches to making a CBI determination:
     ``MRV plans (monitoring, reporting, and verification) and
revised MRV plans,'' which must contain, among other components, the
delineation of the maximum monitoring area and the active monitoring
areas; identification of potential surface leakage pathways for
CO2 in the maximum monitoring area and the likelihood,
magnitude, and timing, of surface leakage of CO2 through
these pathways; a strategy for detecting and quantifying any surface
leakage of CO2; a strategy for establishing the expected
baselines for monitoring CO2 surface leakage; and a summary
of the considerations you intend to use to calculate site-specific
variables for the mass balance equation.
     Annual monitoring report: Narrative history of the
monitoring efforts conducted over the previous calendar year (in annual
monitoring reports).
     Annual monitoring report: Description of any changes to
the monitoring program that were not material changes warranting
submission of a revised MRV plan (in annual monitoring reports).
     Annual monitoring report: Narrative history of any
monitoring anomalies that were detected in the previous calendar year
and how they were investigated and resolved (in annual monitoring
reports).
     A request for discontinuation of reporting must contain
either 40 CFR 98.441(b)(2)(i) or (b)(2)(ii): (ii) For all other wells,
and as an alternative for wells permitted as Class VI under the
Underground Injection Control program, a demonstration that current
monitoring and model(s) show that the injected CO2 stream is
not expected to migrate in the future in a manner likely to result in
surface leakage.
    EPA is proposing to assign these five data elements to the ``Test &
Calibration Methods'' data category because they are information about
methods that are or were used to demonstrate that the injected
CO2 stream is not expected to migrate in the future in a
manner likely to result in surface leakage. For these five data
elements, EPA considered

deviating from the determination that all data elements in the ``Test &
Calibration Methods'' category are not entitled to CBI treatment. We
evaluated whether the level of detail and information in these
documents will vary so much from reporter to reporter based on site-
specific conditions that a confidentiality determination cannot be made
until the material is submitted and closely evaluated by EPA on a case-
by-case basis. For the ``MRV plans and revised MRV plans'' data
element, EPA further evaluated whether some specific elements, methods,
or supportive material are entitled to CBI treatment or require case-
by-case evaluation so that they should be broken out as their own data
elements. Having considered these approaches, we nonetheless find that
disclosure by EPA of the details in these five data elements would not
provide insight to competitors about proprietary information. These
data elements reveal information about monitoring techniques for which
information is publicly available in the scientific community about
their effectiveness, such as in conference papers and peer reviewed
journal articles.\7\ The ``MRV plans and revised MRV plans'' data
element does not contain the monitoring results that are obtained after
implementation of the MRV plan, or project information the disclosure
of which is likely to cause substantial competitive harm. For the
discontinuation of reporting data element, the reporter will not submit
this information to EPA until after the injection has ceased and the
well or group of wells have been plugged or abandoned, and thus the
public availability upon EPA's release of this information is not
likely to cause substantial harm to the reporter's competitive
position. Therefore, we are proposing that the five data elements
listed above merit the same confidentiality determination as the other
data elements in the ``Test & Calibration Methods'' data category (not
CBI).
---------------------------------------------------------------------------

    \7\ For example, see papers from the International Conference on
Greenhouse Gas Control Technologies.
---------------------------------------------------------------------------

    We seek comment on this determination and any rationale for or
against this approach. EPA notes that until this action is finalized,
EPA will make case-by-case confidentiality determinations for materials
submitted to EPA under subpart RR, including ``MRV plans and revised
MRV plans.''
    For the following subpart RR data element in the ``Calculation
Methodology and Methodological Tier'' data category, EPA considered
multiple approaches to making a data category assignment:
     Annual monitoring report: A description of any surface
leakages of CO2, including a discussion of all methodologies
and technologies involved in detecting and quantifying the surface
leakages and any assumptions and uncertainties involved in calculating
the amount of CO2 emitted.
    EPA considered assigning this data element to the ``Calculation
Methodology and Methodological Tier'' data category, and EPA considered
assigning it to the ``Test & Calibration Methods'' category, as was
done with the other annual monitoring report data elements, and either
following the category-wide non-CBI determination or making a CBI
determination on a case-by-case basis once the material is submitted
and closely evaluated by EPA. Having considered these options, we
ultimately determined that this data element provides the
methodologies, technologies, and assumptions used by reporters to
calculate the mass of CO2 emitted from surface leakage.
Therefore, we are proposing to assign the data element to the
``Calculation Methodology and Methodological Tier'' data category,
which is limited to data elements that EPA has determined to be
``emission data'' under CAA section 114(c) and 40 CFR 2.301(a)(2)(i)
for purposes of determining the GHG emissions to be reported under Part
98 and therefore not entitled to confidential treatment. We seek
comment on this determination and any rationale for or against this
approach.
4. Subpart SS--Electrical Equipment Manufacture or Refurbishment
    EPA is not proposing to assign any subpart SS data elements to the
``Unit/process Static Characteristics That are Not Inputs to Emission
Equations'' or the ``Unit/process Operating Characteristics That are
Not Inputs to Emission Equations'' data category.
    The subpart SS data elements are listed individually by data
category and proposed confidentiality determination in the Memorandum
entitled ``Docket EPA-HQ-OAR-2011-0028 Memo A.''

C. GHG Supplier Data Categories

    For supplier subparts QQ, RR, and UU,\8\ EPA is assigning each data
element to one of eleven supplier data categories. For the data
elements in three data categories, we are proposing whether or not each
separate data element is entitled to confidential treatment.
---------------------------------------------------------------------------

    \8\ Subparts RR and UU are neither exclusively direct emitter
nor supplier source categories. For the purposes of this action, EPA
placed each subpart RR data element into one of the two categories
based on its type and characteristics. EPA placed all subpart UU
data elements into the supplier source category based on their type
and characteristics.
---------------------------------------------------------------------------

    As mentioned above in Section III.B of this preamble, for the eight
data categories with category-based final determinations, EPA will
apply these determinations to all the data elements assigned to those
categories from the six subparts. EPA's rationale for the final CBI
determination can be found in the preamble to the Final CBI Rule (76 FR
30782). For a list of the proposed category assignments (excluding
inputs to emission equations) for the data elements in these subparts,
please see the Memorandum entitled ``Docket EPA-HQ-OAR-2011-0028 Memo
A.''
    With respect to the three supplier data categories that have been
determined not to be emission data but do not have category based
confidentiality determinations (``GHGs Reported,'' ``Production/
Throughput Quantities and Composition,'' and ``Unit/Process Operating
Characteristics''), EPA evaluated the individual data elements in the
six subparts assigned to these categories to determine whether they
qualify as CBI. In the sections below, EPA lists the data elements in
the three categories by subpart and states the reasons for proposing to
determine that these data elements do or do not qualify for protection
as CBI under Freedom of Information Act (FOIA) exemption 4, CAA section
114(c), and EPA regulations at 40 CFR 2.208 and 2.301. EPA is
emphasizing that we request comment on these proposals.
1. Subpart QQ--Importers and Exporters of Fluorinated Greenhouse Gases
Contained in Pre-Charged Equipment or Closed-Cell Foams
    EPA is proposing to assign 10 data elements to the ``GHGs
Reported'' data category because they are the actual GHGs reported as
imported or exported. Five of the data elements are for importers and
five are for exporters. The importer and exporter data elements are
identical except for whether they are specific to importers or
exporters, so we have combined the analogous data elements in the five
bullets in the list below to reduce repetition. Note that all 10 data
elements represented in this specific case are also in the
``Production/Throughput Quantities and Composition'' data category
because the GHG reported is also the product being imported or
exported.\9\
---------------------------------------------------------------------------

    \9\ Where a data element is included in more than one data
category, we are proposing the same CBI determination for that data
element in both categories.

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

     Total mass of each fluorinated greenhouse gas (F-GHG)
imported/exported in pre-charged equipment or closed-cell foams.
     Identity of imported/exported F-GHG used as a refrigerant
or electrical insulator.
     Identity of the imported/exported F-GHG contained in the
closed-cell foam in each appliance.
     Identity of the imported/exported F-GHG in the foam.
     If the importer/exporter does not know the identity and
mass of the fluorinated GHGs within the closed-cell foam: Total mass in
metric tons of CO2e of the fluorinated GHGs imported/
exported in closed-cell foams.
    EPA is proposing to assign 30 data elements to the ``Production/
Throughput Quantities and Composition'' data category because they
refer to the composition and quantities of the products imported and
exported. Ten of the data elements are in the ``GHGs Reported'' data
category list above because the product imported or exported is also
the GHG reported; they are not repeated in the list below. For the
other 20 data elements in this data category, the 10 importer data
elements and 10 exporter data elements are identical except for whether
they are specific to importers or exporters. Therefore, we have
combined the analogous data elements in the 10 bullets in the list
below to reduce repetition.
     Charge size (holding charge, if applicable) for each type
of pre-charged equipment imported/exported.
     Number of pre-charged equipment imported/exported.
     Mass of the imported/exported F-GHG contained in the foam
in each appliance.
     Number of appliances imported/exported.
     Density of the imported/exported F-GHG in the foam.
     Volume of foam imported/exported.
     If the importer/exporter does not know the identity and
mass of the fluorinated GHGs within the closed-cell foam: For closed-
cell foams that are imported/exported inside of appliances, the mass of
the fluorinated GHGs in CO2e contained in the foam in each
appliance.
     If the importer/exporter does not know the identity and
mass of the fluorinated GHGs within the closed-cell foam: For closed-
cell foams that are imported/exported inside of appliances, the number
of appliances imported/exported for each type of appliance.
     If the importer/exporter does not know the identity and
mass of the fluorinated GHGs within the closed-cell foam: For closed-
cell foams that are not imported/exported inside of appliances, the
mass in CO2e of the fluorinated GHGs in the foam.
     If the importer/exporter does not know the identity and
mass of the fluorinated GHGs within the closed-cell foam: For closed-
cell foams that are not imported/exported inside of appliances, the
volume of foam imported/exported for each type of closed-cell foam.
    For subpart QQ, EPA is proposing that all data elements in the
``GHGs Reported'' and ``Production/Throughput Quantities and
Composition'' data categories be considered CBI. These data categories
contain importer- and exporter-level production information (mass,
volume, density, quantity, or identity of the equipment or foam or
fluorinated gas within the equipment or foam), reported separately for
pre-charged equipment, closed-cell foam, and for appliances that
contain closed-cell foam. EPA proposes to determine that these
importer- and exporter-level product-specific GHG data are to be
considered CBI because the disclosure of these data elements would
likely cause substantial harm to the competitive positions of
businesses reporting these data. Releasing these data could be
detrimental to the operational and marketing strategies of the
reporting parties, as explained in the following example.
    The disclosure of the volume of foam or the count of appliances or
equipment exported provides insight into a firm's market share and
financial performance. For example, product import or export data could
reveal whether a U.S. firm is experiencing rapid growth or decline in
market share. Competitors could use such data to gain a competitive
advantage over another firm by better approximating a firm's market
share. Competitors may be able to drive struggling reporters out of
business by implementing short-term price-cutting tactics. In many
cases, an accurate estimate of the market share of a firm is difficult
to procure, and the disclosure of such information through the GHG
Reporting Rule could harm the competitive position of reporting
parties. As previously noted, EPA is proposing that all data elements
in these two data categories (``GHGs Reported'' and ``Production/
Throughput Quantities and Composition'') are to be considered CBI. EPA
is soliciting comments on EPA's proposed determinations described
above. When submitting a comment disagreeing with a proposed
determination, please identify the specific data element(s) and provide
detailed supporting information on why EPA's proposed determination is
not appropriate and why such data element(s) do or do not qualify as
CBI.
    EPA is proposing to assign eight data elements to the ``Unit/
Process Operating Characteristics'' data category because they refer to
the operating characteristics of the supplier, such as dates of
shipment. Four data elements are for importers and four are for
exporters. The importer and exporter data elements are identical except
for whether they relate to imports or exports, so only four bullets
appear in the list below to reduce repetition.
     Dates on which pre-charged equipment were imported/
exported.
     Dates on which closed-cell foams were imported/exported.
     If the importer/exporter does not know the identity and
mass of the fluorinated GHGs within the closed-cell foam: Dates on
which the closed-cell foams were imported/exported.
     If the importer/exporter does not know the identity and
mass of the fluorinated GHGs within the closed-cell foam: Certification
that the importer/exporter was unable to obtain information on the
identity and mass of the fluorinated GHGs within the closed-cell foam
from the closed-cell foam manufacturer or manufacturers.
    EPA is proposing that all data elements in this data category are
non-CBI. As explained below, EPA finds that the release of these data
will not likely cause substantial competitive harm.
    Releasing a certification about the ability to obtain information
would not likely cause substantial competitive harm because
certification statements are general in nature, do not provide any
insight into the design or operation efficiencies of the plant, and do
not reveal other competitive information (e.g., market share, ability
to increase production to meet new increases in demand, or price
structures). Moreover, certification statements will consist of only
the language that EPA publicly provides in the data reporting tool and
will not include any facility- or process-specific information that
could be considered proprietary. Therefore, EPA proposes that
certification statements are not CBI.
    The other subpart QQ data elements in this data category are dates
of import or export. Dates do not reveal information related to the
type or quantity of product imported or exported, or to the operational
strengths or weaknesses, operational capacity, or customer base of the
reporter. Dates of import or export would not likely cause substantial
competitive harm if released

because dates do not provide any insight into at what percent of
capacity a firm is operating or into financial performance, the release
of which might allow competitors to implement short-term price cutting
tactics to capture the reporter's market share. Therefore, EPA proposes
that these data elements, the date of the import or export, are not
eligible for confidential treatment and will be considered non-CBI.
    EPA is soliciting comments on EPA's proposed determinations
described above. When submitting a comment disagreeing with a proposed
determination, please identify the specific data element(s) and provide
detailed supporting information on why EPA's proposed determination is
not appropriate and why such data element(s) do or do not qualify as
CBI.
2. Subpart RR--Geologic Sequestration of Carbon Dioxide
    Subpart RR is neither a direct emitter nor a supplier source
category, so for the purposes of this action EPA assigned each subpart
RR data element to one of the two groups based on its type and
characteristics. EPA assigned subpart RR data elements that pertain to
surface leakage to one of the direct emitter data categories and the
remaining subpart RR data elements to one of the supplier data
categories.
    EPA is proposing to assign nine data elements to the ``GHGs
Reported'' data category because they are the actual GHGs reported.
Note that all nine of the data elements in this specific case are also
in the ``Production/Throughput Quantities and Composition'' data
category because the GHG reported is also the product being used as a
throughput.\10\
---------------------------------------------------------------------------

    \10\ Where a data element is included in more than one data
category, we are proposing the same CBI determination for that data
element in both categories.
---------------------------------------------------------------------------

     If you receive CO2 by pipeline, report the
following for each receiving flow meter: Total net mass of
CO2 received (metric tons) annually.
     If you receive CO2 in containers, report: The
net mass of CO2 received (in metric tons) annually.
     If you use more than one receiving flow meter, report the
total net mass of CO2 received (metric tons) through all
flow meters annually.
     For each injection flow meter (mass or volumetric),
report: The mass of CO2 injected annually.
     Total CO2 injected during the reporting year as
calculated in Equation RR-6.
     For each separator flow meter (mass or volumetric),
report: CO2 mass produced (metric tons) annually.
     Annual CO2 produced in the reporting year, as
calculated in Equation RR-9.
     Annual CO2 sequestered in the subsurface
geologic formations in the reporting year, as calculated by Equation
RR-11 or RR-12.
     Cumulative mass of CO2 reported as sequestered
in the subsurface geologic formations in all years since the well or
group of wells became subject to reporting requirements under subpart
RR.
    EPA is proposing to assign 26 data elements to the ``Production/
Throughput Quantities and Composition'' data category because they
refer to the quantities and composition of CO2 produced and
used as throughput at the site. Note that nine of the data elements in
this specific case are in the ``GHGs Reported'' data category list
above because the GHG reported is also the product being used as a
throughput. They are not repeated in the list below. Furthermore, five
data elements about mass flow meters and five data elements about
volumetric flow meters are identical except for whether they are
specific to mass or volumetric meters. Therefore, we have combined the
10 analogous data elements into five bullets in the list below to
reduce repetition. The remaining seven data elements that EPA proposes
to assign to this data category each appear in the list below under an
individual bullet.
     For submissions in support of an R&D project exemption
from reporting under subpart RR: Planned annual CO2
injection volumes during this time period.
     If a volumetric/mass flow meter is used to receive
CO2, report the following unless you reported yes to 40 CFR
98.446(a)(4): Volumetric/mass flow through a receiving flow meter at
standard conditions in each quarter.
     If a volumetric/mass flow meter is used to receive
CO2, report the following unless you reported yes to 40 CFR
98.446(a)(4) of this section: The volumetric/mass flow through a
receiving flow meter that is redelivered to another facility without
being injected into your well in each quarter.
     If a volumetric/mass flow meter is used to receive
CO2, report the following unless you reported yes to 40 CFR
98.446(a)(4) of this section: CO2 concentration in the flow
in each quarter.
     If you receive CO2 in containers, report: The
mass (in metric tons) or volume at standard conditions (in standard
cubic meters) of contents in containers in each quarter.
     If you receive CO2 in containers, report: The
concentration of CO2 of contents in containers (volume or
weight percent CO2 expressed as a decimal fraction) in each
quarter.
     If you receive CO2 in containers, report: The
mass (in metric tons) or volume (in standard cubic meters) of contents
in containers that is redelivered to another facility without being
injected into your well in each quarter.
     For each injection flow meter (mass or volumetric),
report: CO2 concentration in flow (volume or weight percent
CO2 expressed as a decimal fraction) in each quarter.
     For each injection flow meter, report: If a volumetric/
mass flow meter is used, the volumetric/mass flow rate at standard
conditions in each quarter.
     For each separator flow meter (mass or volumetric),
report: CO2 concentration in flow (volume or weight percent
CO2 expressed as a decimal fraction) in each quarter.
     If a volumetric/mass separator flow meter is used,
volumetric/mass flow rate at standard conditions in each quarter.
     The entrained CO2 in produced oil or other
fluid divided by the CO2 separated through all separators in
the reporting year (weight percent CO2 expressed as a
decimal fraction) used as the value for X in Equation RR-9 and as
determined according to your EPA-approved MRV plan.
    EPA proposes that all data elements in these two data categories
(``GHGs Reported'' and ``Production/Throughput Quantities'') are not
CBI. As explained below, EPA finds that the release of these data will
not likely cause substantial competitive harm.
    Six of the data elements are facility-level and flow meter-level
information on the quantity of CO2 injected. The six data
elements are available from Underground Injection Control (UIC)
permits, which are issued for each injection well by EPA or by States
that have assumed primary enforcement authority for permitting
injection wells. Information related to the permits is reported to EPA
or States at least annually and made available to the public either
through State Web sites or upon request from the public. Because this
information is routinely publicly available, EPA finds that further
disclosure of data elements on CO2 injection is not likely
to cause substantial competitive harm to the reporter, and EPA proposes
to determine that this information will not be treated as confidential;
rather it will be considered non-CBI.
    Six of the data elements are facility-level and flow meter-level
information

on the quantity of CO2 produced. The reporters that are
required to include this information in their annual reports inject
CO2 underground into oil or natural gas reservoirs through
injection wells for the purpose of increasing crude oil production or
enhancing recovery of natural gas, and the CO2 is then
produced with oil and gas. State oil and gas conservation agencies in
all States where enhanced oil and gas recovery is occurring collect
information on quantities of oil and gas produced by well to calculate
royalties. This information is reported to EPA or States at least
annually and made available to the public either through State Web
sites or upon request from the public. Moreover, incremental oil
production from CO2 injection is published in the biannual
Oil & Gas Journal Enhanced Oil Recovery survey.\11\ Given the present
level of reporting of production in the EOR industry just described
(i.e., information is made publicly available by States and in the
biannual industry reports), EPA finds that CO2 production
information does not provide additional insight into any aspect of
operations the release of which might undercut any competitive
advantage that the reporter may enjoy. Because this information is
publicly available, EPA proposes to determine that this information
will not be treated as confidential; rather, it will be considered to
be non-CBI.
---------------------------------------------------------------------------

    \11\ Worldwide Enhanced Oil Recovery Survey. 2010. Oil and Gas
Journal, Volume 108, Issue 14.
---------------------------------------------------------------------------

    Subpart RR facilities must report annual mass of CO2
sequestered in the subsurface geologic formations in the reporting
year, as calculated by Equation RR-11 or RR-12. These values are
calculated from CO2 injection, production, and emission data
using a mass balance approach. As discussed above in this section,
CO2 injection and CO2 production data are already
publicly available. In addition, CO2 emission data are
emission data and must be made publicly available. As a result, the
quantity of CO2 sequestered can be calculated from data that
are already publicly available. Because this information may be readily
derived from information already publicly available, EPA has determined
that its release of the reported mass of CO2 sequestered
would not likely cause substantial competitive harm. For these reasons,
EPA proposes to determine that this information is not eligible for
confidential treatment and will be considered to be non-CBI.
    Twelve of the data elements are facility-level and flow meter-level
information on the quantity of CO2 received. None of the
data elements on CO2 received includes information on
CO2 prices or contract terms, such as information on the
concentration of other incidental substances in the CO2
stream, the disclosure of which could allow competitors to ascertain
the relative strength of their market position and to identify sources
of competitive advantage (or disadvantage) among competitors. The data
elements also do not include information that would allow a competitor
to deduce the reporter's operating costs.
    Moreover, as an example, for a facility where the CO2
received is wholly injected and is not mixed with any other supply of
CO2, such as a geologic sequestration project at a deep
saline formation, the reporter may report the quantity of
CO2 injected as the quantity of CO2 received.
This amount can be determined from information that is reported at
least annually as part of a facility's UIC permit and made available to
the public either through State Web sites or upon request from the
public. For the reasons described in this paragraph, EPA finds that
releasing the 12 data elements on CO2 received would not
likely result in substantial competitive harm, and EPA proposes to
determine that this information does not qualify for confidential
treatment and will be considered to be non-CBI.
    EPA is proposing to assign nine data elements to the ``Unit/Process
Operating Characteristics'' data category because they refer to the
operating characteristics of the site, such as project duration and
CO2 source.
     For submissions in support of a research and development
(R&D) project exemption from reporting under subpart RR: The planned
duration of CO2 injection for the project.
     For submissions in support of an R&D project exemption
from reporting under subpart RR: The research purposes of the project.
     For submissions in support of an R&D project exemption
from reporting under subpart RR: The source and type of funding for the
project.
     For submissions in support of an R&D project exemption
from reporting under subpart RR: The class of the underground injection
control permit.
     For submissions in support of an R&D project exemption
from reporting under subpart RR: The duration of the underground
injection control permit.
     For submissions in support of an R&D project exemption
from reporting under subpart RR: For an offshore facility not subject
to Safe Drinking Water Act, a description of the legal instrument
authorizing geologic sequestration.
     Source of the CO2 received according to the
following categories: CO2 production wells, electric
generating unit, ethanol plant, pulp and paper mill, natural gas
processing, gasification operations, other anthropogenic source,
CO2 received from a discontinued enhanced oil and gas
recovery project, and unknown.
     For each injection flow meter, report the location of the
flow meter.
     If a well is permitted by an Underground Injection Control
program, report: Underground Injection Control permit class.
    EPA is proposing that all data elements in this data category are
non-CBI. As explained below, EPA finds that the release of these data
will not likely cause substantial competitive harm.
    Five of these data elements include basic information on the legal
instrument authorizing geologic sequestration. For a facility permitted
by the UIC program under authority of the Safe Drinking Water Act,
information on the class and duration of the permit is routinely
publicly available in the UIC permit. For an offshore facility that is
not subject to the Safe Drinking Water Act and therefore does not need
a UIC permit, the facility would be subject to other statutory
authority authorizing the facility to conduct geologic sequestration.
Since these five data elements contain public information, EPA finds
that their release by EPA is not likely to cause substantial
competitive harm; they do not qualify for confidential treatment and
will be considered to be non-CBI.
    Three of these data elements are information on an R&D project's
planned duration, purpose, source of funding, and type of funding.
These data elements do not include the amount of funding received. They
do not provide insight into the costs of sequestering CO2 at
the facility, the disclosure of which could allow competitors to
ascertain the relative strength of their market position and to
identify sources of competitive advantage (or disadvantage) among
competitors. For many existing R&D projects, information in these three
data elements is already publicly available. For example, the
Department of Energy National Energy Technology Laboratory publishes
information on its Web site about the Regional Carbon Sequestration
Partnership projects that it funds.\12\ These projects also participate
in public conferences at which they present papers about their projects
and findings. Since this information is of the same

nature for all projects, EPA finds that publication of such information
by some projects demonstrates that disclosure of equivalent information
for all projects is not likely to cause substantial harm. Therefore,
EPA proposes to determine that this information is not eligible for
confidential treatment; it will be considered to be non-CBI.
---------------------------------------------------------------------------

    \12\ http://www.netl.doe.gov/technologies/carbon_seq/partnerships/RCSP_ProjectDescriptions.html.
---------------------------------------------------------------------------

    The data element related to the source of CO2 received
identifies the type of source that supplied the facility with
CO2 in the reporting year, such as an ethanol plant. This
data element does not include information that would identify a
specific facility or company that supplies the CO2 to the
reporter, or the amount of CO2 provided by each supplier.
This data element does not include information on CO2 prices
or contract terms, the disclosure of which could allow competitors to
ascertain the relative strength of their market position and to
identify sources of competitive advantage (or disadvantage) among
competitors. Since revealing this data element does not provide
competitors with an advantage, EPA proposes to determine that it is not
eligible for confidential treatment and will be considered to be non-
CBI.
    EPA is soliciting comments on EPA's proposed determinations
described above. When submitting a comment disagreeing with a proposed
determination, please identify the specific data element(s) and provide
detailed supporting information on why EPA's proposed determination is
not appropriate and why such data element(s) do or do not qualify as
CBI.
3. Subpart UU--Injection of Carbon Dioxide
    EPA first proposed in a single subpart RR the reporting
requirements that are now divided between final subparts RR and UU. EPA
moved all definitions, requirements, and procedures for facilities
conducting only CO2 injection into a new subpart (subpart
UU). Subpart RR retains all definitions, requirements, and procedures
related to facilities conducting geologic sequestration. The
explanation and a summary of major changes since proposal appear in the
final subparts RR and UU promulgation notice (75 FR 75060, December 1,
2010). Subpart UU is neither a direct emitter nor a supplier source
category, so for the purposes of this action EPA assigned the subpart
UU data elements to one of the supplier data categories because they
are most similar in type and characteristics to supplier data.
    EPA is proposing to assign three data elements to the ``GHGs
Reported'' data category because they are the actual GHGs reported.
Note that all three of the data elements in this specific case are also
in the ``Production/Throughput Quantities and Composition'' data
category because the GHG reported is also the GHG being used as a
throughput.\13\
---------------------------------------------------------------------------

    \13\ Where a data element is included in more than one data
category, we are proposing the same CBI determination for that data
element in both categories.
---------------------------------------------------------------------------

     If you receive CO2 by pipeline, report the
following for each receiving flow meter: Total net mass of
CO2 received (metric tons) annually.
     If you receive CO2 in containers, report: The
net total mass of CO2 received (in metric tons) annually.
     If you use more than one receiving flow meter, report the
net total mass of CO2 received (metric tons) through all
flow meters annually.
    EPA is proposing to assign 12 data elements to the ``Production/
Throughput Quantities and Composition'' data category because they
refer to the quantities and composition of CO2 used as
throughput at the site. Note that three of the data elements in this
specific case are in the ``GHGs Reported'' data category list above
because the GHG reported is also the GHG being used as a throughput.
They are not repeated in the list below. Furthermore, three data
elements about mass flow meters and three data elements about
volumetric flow meters are identical except for whether they are
specific to mass or volumetric meters. Therefore, we have combined the
six analogous data elements into three bullets in the list below to
reduce repetition. The remaining three data elements that EPA proposes
to assign to this data category also appear in the list below.
     If you receive CO2 by pipeline, report the
following for each receiving flow meter: If a volumetric/mass flow
meter is used to receive CO2: Volumetric/mass flow through a
receiving flow meter at standard conditions in each quarter.
     If you receive CO2 by pipeline, report the
following for each flow meter: If a volumetric/mass flow meter is used
to receive CO2: The volumetric/mass flow through a receiving
flow meter that is redelivered to another facility without being
injected into your well in each quarter.
     If you receive CO2 by pipeline, report the
following for each receiving flow meter: If a volumetric/mass flow
meter is used to receive CO2: CO2 concentration
in the flow in each quarter.
     If you receive CO2 in containers, report: The
mass (in metric tons) or volume at standard conditions (in standard
cubic meters) of contents in containers in each quarter.
     If you receive CO2 in containers, report: The
concentration of CO2 of contents in containers (volume or
weight percent CO2 expressed as a decimal fraction) in each
quarter.
     If you receive CO2 in containers, report: The
mass (in metric tons) or volume (in standard cubic meters) of contents
in containers that is redelivered to another facility without being
injected into your well in each quarter.
    EPA proposes that all data elements in these two data categories
(``GHGs Reported'' and ``Production/Throughput Quantities'') are not
CBI. These data elements are facility-level and flow meter-level data
for CO2 received.
    None of the data elements on CO2 received includes
information on CO2 prices or contract terms, such as
information on the concentration of other incidental substances in the
CO2 stream, the disclosure of which could allow competitors
to ascertain the relative strength of their market position and to
identify sources of competitive advantage (or disadvantage) among
competitors. The data elements also do not include information that
would allow a competitor to deduce the reporter's operating costs.
Moreover, for a facility where the CO2 received is wholly
injected and is not mixed with any other supply of CO2, such
as a geologic sequestration project at a deep saline formation, the
reporter may report the quantity of CO2 injected as the
quantity of CO2 received. This amount can be determined from
information that is reported at least annually as part of a facility's
UIC permit and made available to the public either through State Web
sites or upon request from the public.
    For these reasons, EPA finds that releasing the 12 data elements on
CO2 received would not likely result in substantial
competitive harm, and EPA proposes to determine that this information
does not qualify for confidential treatment and will be considered to
be non-CBI.
    EPA is proposing to assign one data element to the ``Unit/Process
Operating Characteristics'' data category because it refers to an
operating characteristic of the site.
     Source of the CO2 received according to the
following categories: CO2 production wells, electric
generating unit, ethanol plant, pulp and paper mill, natural gas
processing, gasification operations, other anthropogenic source,
discontinued

enhanced oil and gas recovery project, and unknown.
    The data element related to the source of CO2 received
identifies the type of source that supplied the facility with
CO2 in the reporting year, such as an ethanol plant. This
data element does not include information that would identify a
specific facility or company that supplies the CO2 to the
reporter, or the amount of CO2 provided by each supplier.
This data element does not include information on CO2 prices
or contract terms, the disclosure of which could allow competitors to
ascertain the relative strength of their market position and to
identify sources of competitive advantage (or disadvantage) among
competitors. EPA finds that the release by EPA of the data element
related to the source of CO2 received is not likely to cause
substantial competitive harm, and EPA proposes to determine that it
does not qualify for confidential treatment; it will be considered to
be non-CBI.
    EPA is soliciting comments on EPA's proposed determinations
described above. When submitting a comment disagreeing with a proposed
determination, please identify the specific data element(s) and provide
detailed supporting information on why EPA's proposed determination is
not appropriate and why such data element(s) do or do not qualify as
CBI.

D. Commenting on the Proposed Confidentiality Determinations and Data
Category Assignments

    By making confidentiality determinations prior to data reporting
through this proposal and rulemaking process, potential reporters are
able to submit comments identifying data they consider sensitive and
provide the rationales and supporting documentation they would
otherwise submit for case-by-case confidentiality determinations. We
seek comment on the confidentiality status of data elements in two
direct emitter data categories (``Unit/Process `Static' Characteristics
That are Not Inputs to Emission Equations'' and ``Unit/Process
Operating Characteristics That are Not Inputs to Emission Equations'')
and three supplier data categories (``GHGs Reported,'' ``Production/
Throughput Quantities and Composition,'' and ``Unit/Process Operating
Characteristics''). We will evaluate claims of confidentiality before
finalizing the proposed confidentiality determinations; however, this
will be your only opportunity to substantiate your confidentiality
claim. Where we make confidentiality determinations prior to data
reporting through this proposal and rulemaking process, you will not be
able to claim separately that certain data that has already been
categorized as data to be released are CBI when you submit those data
as part of a GHG emissions report under Part 98.
    Please consider the following instructions in submitting comments
on the data elements in these six subparts.
    Please identify each individual data element you do or do not
consider to be CBI or emission data in your comments. Please explain
specifically how the public release of that particular data element
would or would not cause a competitive disadvantage to a facility.
Discuss how this data element may be different from or similar to data
that are already publicly available. Please submit information
identifying any publicly available sources of information containing
the specific data elements in question, since data that are already
available through other sources would not be CBI. In your comments,
please identify the manner and location in which each specific data
element you identify is available, including a citation. If the data
are physically published, such as in a book, industry trade
publication, or federal agency publication, provide the title, volume
number (if applicable), author(s), publisher, publication date, and
ISBN or other identifier. For data published on a Web site, provide the
address of the Web site and the date you last visited the Web site and
identify the Web site publisher and content author.
    If your concern is that competitors could use a particular input to
discern sensitive information, specifically describe the pathway by
which this could occur and explain how the discerned information would
negatively affect your competitive position. Describe any unique
process or aspect of your facility that would be revealed if the
particular data element you consider sensitive were made publicly
available. If the data element you identify would cause harm only when
used in combination with other publicly available data, then describe
the other data, identify the public source(s) of these data, and
explain how the combination of data could be used to cause competitive
harm. Describe the measures currently taken to keep the data
confidential. Avoid conclusory and unsubstantiated statements, or
general assertions regarding potential harm. Please be as specific as
possible in your comments and include all information necessary for EPA
to evaluate your comments.

IV. Proposal of CBI Determinations for New Data Elements in Subparts II
and TT

    The Technical Corrections final rule includes amendments to 48 data
elements in subparts FF, II, OO, and TT, including revising 17 data
elements that are not inputs to equations and adding seven data
elements that are not inputs to equations. As explained in Section II.D
of this preamble, the revisions to the 17 non-input data elements do
not change the information to be collected and therefore do not affect
the final confidentiality determinations for these data elements in the
Final CBI rule. This section sets forth EPA's proposed confidentiality
determinations for the seven new non-input data elements. These new
data elements were added to subparts II and TT.
    We are proposing to categorize two of the seven new data elements
in the ``Calculation Methodology & Methodological Tier'' data category.
Because there was a categorical determination in the Final CBI Rule
that this data category is emissions data, we are proposing these two
data elements as emissions data.
     Statement that biogas pressure is incorporated into
monitoring equipment internal calculations. (Subpart II: Calculation
Methodology & Methodological Tier).
     The calendar year for which the data elements in 40 CFR
98.466(b) apply. (Subpart TT: Calculation Methodology & Methodological
Tier).
    We are proposing to categorize one of the seven new data elements
in the ``Test & Calibration Methods'' data category. Because there was
a categorical determination in the Final CBI Rule that this data
category is not CBI, we are proposing that this data element is not
CBI.
     If DOCx was determined by a 60-day anaerobic
biodegradation test, specify the test method used. (Subpart TT: Test &
Calibration Methods).
    EPA is proposing to categorize four of the seven new data elements
in the two direct emitter data categories with no categorical
confidentiality determination (``Unit/Process `Static' Characteristics
That are Not Inputs to Emission Equations'' and ``Unit/Process
Operating Characteristics That are Not Inputs to Emission Equations''
data categories). For these two data categories, EPA evaluated the
individual data elements assigned to these categories to determine
whether individual data elements qualify as CBI. In this section, EPA
explains the data elements in these two categories and states the
reasons for proposing to

determine that each does or does not qualify as CBI under CAA section
114(c).
    EPA proposes to determine that the four new data elements, which
are all in subpart TT and listed below, are not CBI.
     If a methane correction factor (MCF) value other than the
default of 1 is used, provide a description of the aeration system,
including aeration blower capacity.
     If an MCF value other than the default of 1 is used, the
fraction of the landfill containing waste affected by the aeration.
     If an MCF value other than the default of 1 is used,
provide the total number of hours during the year the aeration blower
was operated.
     If an MCF value other than the default of 1 is used,
provide other factors used as a basis for the selected MCF value.
    These data elements describe the aeration system, the number of
hours the aeration system was used, the capacity of the aeration
blower, the fraction of landfill affected by aeration, and the factors
used as the basis of the methane correction factor. These data elements
do not provide insight into current production rates, raw material
consumption, or other information that competitors could use to discern
market share and other sensitive information. Therefore, EPA proposes
that they will not be protected as confidential business information
and will be considered to be non-CBI.
    We are soliciting comments on the proposed categorical assignments
for the seven new data elements in these subparts. If you believe that
EPA has improperly assigned certain data elements in these subparts to
the data categories, please provide specific comments identifying which
data elements may be assigned incorrectly along with a detailed
rationale for why they may be assigned incorrectly and in which data
category they belong.

V. Deferral of Inputs to Emission Equations for Subparts FF and TT and
Amendment to Table A-6

    Of the 48 subpart FF, II, OO, and TT data elements that are
addressed in the Technical Corrections final rule, 24 are inputs to
emission equations. Of these, 21 are revisions to existing inputs to
emission equations that are addressed in the Final Deferral and
included in Tables A-6 and A-7 to subpart A of Part 98. As explained in
Section II.D of this preamble, for 18 of the 21 inputs, the revisions
do not affect the Final Deferral. For the remaining three inputs,
however, which are in subpart TT, the revisions do re-numerate section
references. These three equation inputs were added in the Final
Deferral to Table-6 to subpart A. We are therefore proposing in this
action to amend Table A-6 to re-numerate three subpart TT equation
inputs as finalized in the Technical Corrections final rule.
    Of the 24 inputs to emission equations addressed in the Technical
Corrections final rule, three are new data elements that we are
proposing for the first time to add to the ``Inputs to Emission
Equations'' data category. In this action, we are proposing to defer
the reporting deadline for the following three data elements to March
31, 2013.
     Moisture content used in Equation FF-1 and FF-3. (Subpart
FF: Inputs to Emission Equations).
     The gaseous organic concentration correction factor used,
if Equation FF-9 was required. (Subpart FF: Inputs to Emission
Equations).
     The methane correction factor (MCF) value used in the
calculations. (Subpart TT: Inputs to Emission Equations).
    As explained in Section II.A of the Final Deferral, EPA is
deferring the reporting deadline until March 31, 2013, rather than
March 31, 2015, for certain data elements categorized as inputs to
emission equations because our evaluations on the sensitivity of these
data elements are less time-consuming or sufficiently far along in the
inputs evaluation process, outlined in the memorandum to the Final
Deferral docket, ``Process for Evaluating and Potentially Amending Part
98 Inputs to Emission Equations,'' to allow for data reporting in 2013.
As with other equation inputs, EPA is in the process of evaluating the
sensitivity of these three equation inputs, and we believe that we can
complete our evaluation before March 31, 2013, the current reporting
deadline for the equation inputs listed in Table A-6 of Subpart A. EPA
is therefore proposing to add these inputs to Table A-6 to require
their reporting by March 31, 2013.
    In the Technical Corrections final rule, we added the two new
subpart FF inputs to equations to the reporting requirements at 40 CFR
98.326(o). This regulatory paragraph is already included in Table A-6
for reporting by March 31, 2013, so we are not proposing in this action
to amend Table A-6 to account for the new subpart FF inputs to
equations. However, the new subpart TT equation input is not yet
included in Table A-6. We are therefore proposing in this action to
amend Table A-6 to add it and require its reporting by March 31, 2013.

VI. Statutory and Executive Order Reviews

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

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a ``significant regulatory action'' because it raises novel
legal or policy issues.
    Accordingly, EPA submitted this action to the Office of Management
and Budget (OMB) for review under Executive Orders 12866 and 13563 (76
FR 3821, January 21, 2011) and any changes made in response to OMB
recommendations have been documented in the docket for this action.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
This action is administrative and does not increase the reporting
burden. However, the Office of Management and Budget (OMB) has
previously approved the information collection requirements contained
in these six subparts, under 40 CFR part 98, under the provisions of
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The Information
Collection Request (ICR) documents prepared by EPA have been assigned
the following OMB control numbers: 2060-0650, for subparts L, DD, and
SS; 2060-0649, for subparts RR and UU; and 2060-0647 for subparts FF,
II, and TT. The OMB control numbers for EPA's regulations in 40 CFR are
listed at 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
    For purposes of assessing the impacts of this re-proposal on small
entities, ``small entity'' is defined as: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; or (3) a small organization that is any
not-for-profit enterprise which is independently owned and operated and
is not dominant in its field.

    After considering the economic impacts of this action on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
will not impose any new requirement on small entities that are not
currently required by Part 98.
    EPA took several steps to reduce the impact of Part 98 on small
entities. For example, EPA determined appropriate thresholds that
reduced the number of small businesses reporting. In addition, EPA did
not require facilities to install continuous emission monitoring
systems (CEMS) if they did not already have them. Facilities without
CEMS can calculate emissions using readily available data or data that
are less expensive to collect such as process data or material
consumption data. For some source categories, EPA developed tiered
methods that are simpler and less burdensome. Also, EPA required annual
instead of more frequent reporting. Finally, EPA continues to conduct
significant outreach on the mandatory GHG reporting rule and maintains
an ``open door'' policy for stakeholders to help inform EPA's
understanding of key issues for the industries.
    We continue to be interested in the potential impacts of this
action on small entities and welcome comments on issues related to such
effects.

D. Unfunded Mandates Reform Act (UMRA)

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538, requires Federal agencies, unless otherwise
prohibited by law, to assess the effects of their regulatory actions on
State, local, and tribal governments and the private sector. Federal
agencies must also develop a plan to provide notice to small
governments that might be significantly or uniquely affected by any
regulatory requirements. The plan must enable officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates and must inform, educate, and advise small
governments on compliance with the regulatory requirements.
    This action does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal