[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Proposed Rules]
[Pages 47392-47421]
[FR Doc No: 2011-18712]

Vol. 76

Thursday,

No. 150

August 4, 2011

Part IV

Environmental Protection Agency

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

40 CFR Part 98

Mandatory Reporting of Greenhouse Gases; Proposed Rule

Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 /
Proposed Rules

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0147; FRL-9443-1]
RIN 2060-AQ85

Mandatory Reporting of Greenhouse Gases

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to amend specific provisions in the Mandatory
Reporting of Greenhouse Gases Rule to correct certain technical and
editorial errors that have been identified since promulgation and to
clarify or propose amendments to certain provisions that have been the
subject of questions from reporting entities. These proposed changes
include additional information to clarify compliance obligations,
correct data reporting elements so they more closely conform to the
information used to perform emission calculations, and make other
corrections and amendments. EPA has received petitions for
reconsideration on some of these subparts. EPA is still considering
these petitions, and the issues raised in the petitions are not
discussed or addressed in this action.

DATES: Comments. Comments must be received on or before September 19,
2011.
    Public Hearing. EPA does not plan to conduct a public hearing
unless requested. To request a hearing, please contact the person
listed in the following FOR FURTHER INFORMATION CONTACT section by
August 11, 2011. If requested, the hearing will be conducted on August
19, 2011, in the Washington, DC area. EPA will provide further
information about the hearing on its webpage if a hearing is requested.

ADDRESSES: You may submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2011-0147 by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>Include Docket ID No.
EPA-HQ-OAR-2011-0147 [and/or RIN number] in the subject line of the
message.
     Fax:<PHONE_NUMBER>.
     Mail: Environmental Protection Agency, EPA Docket Center
(EPA/DC), Mailcode 2822T, Attention: Docket ID No. EPA-HQ-OAR-2011-
0147, 1200 Pennsylvania Avenue, NW., Washington, DC 20004.
     Hand/Courier 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-
2011-0147, 2011 Technical Corrections, Clarifying and Other Amendments
to Certain Provisions of the Mandatory Reporting of Greenhouse Gases
Rule. 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 e-mail. 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 e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail 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 Building, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the Air Docket is<PHONE_NUMBER>.

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

SUPPLEMENTARY INFORMATION:
    Additional Information on Submitting Comments: 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>, e-mail address:
<EMAIL_ADDRESS>    Regulated Entities. The Administrator determined that this action
is subject to the provisions of Clean Air Act (CAA) section 307(d). See
CAA section 307(d)(1)(V) (the provisions of section 307(d) apply to
``such other actions as the Administrator may determine''). These are
proposed amendments to existing regulations. If finalized, these
amended regulations would affect owners or operators of certain
industrial gas suppliers and direct emitters of GHGs. Regulated
categories and examples of affected entities include those listed in
Table 1 of this preamble:

           Table 1--Examples of Affected Entities by Category
------------------------------------------------------------------------
                                                  Examples of affected
             Category                 NAICS            facilities
------------------------------------------------------------------------
Petroleum and Natural Gas Systems.     486210  Pipeline transportation
                                                of natural gas.
                                       221210  Natural gas distribution
                                                facilities.
                                          211  Extractors of crude
                                                petroleum and natural
                                                gas.
                                       211112  Natural gas liquid
                                                extraction facilities.
Underground Coal Mines............     212113  Underground anthracite
                                                coal mining operations.
                                       212112  Underground bituminous
                                                coal mining operations.
Electrical Transmission and            221121  Electric bulk power
 Distribution Equipment Use.                    transmission and control
                                                facilities.
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.
Suppliers of Industrial GHGs......     325120  Industrial gas production
                                                facilities.
Geologic Sequestration of Carbon          N/A  CO2 geologic
 Dioxide.                                       sequestration projects
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.
------------------------------------------------------------------------

    Table 1 of this preamble is not intended to be exhaustive, but
rather lists the types of facilities or suppliers that EPA is now aware
could be potentially affected by the reporting requirements. Other
types of facilities and suppliers than those listed in the table could
also be subject to reporting requirements. To determine whether you are
affected by this action, you should carefully examine the applicability
criteria found in 40 CFR part 98, subpart A or the relevant criteria in
the sections related to suppliers and direct emitters of GHGs. If you
have questions regarding the applicability of this action to a
particular facility or supplier, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT Section.
    Acronyms and Abbreviations. The following acronyms and
abbreviations are used in this document.

acf actual cubic feet.
AGR acid gas removal.
ASTM American Society for Testing and Materials.
BAMM best available monitoring methods.
CAA Clean Air Act.
CBI confidential business information.
CEMS continuous emissions monitoring system.
CFC chlorofluorocarbon.
CFR Code of Federal Regulations.
CH4 methane.
CO2 carbon dioxide.
DOC degradable organic carbon.
EF emission factor.
e-GGRT electronic-GHG Reporting Tool.
EPA U.S. Environmental Protection Agency.
FR Federal Register.
GHG greenhouse gas.
GHGRP Greenhouse Gas Reporting Program.
HCFC hydrochlorofluorocarbon.
kg kilograms.
kg/ft\3\ kilograms per cubic foot.
mcf methane correction factor.
MMscf million standard cubic feet.
MRV monitoring, reporting and verification.
MSHA Mine Safety and Health Administration.
MtCO2e metric tons carbon dioxide equivalent.
N2O nitrous oxide.
NAICS North American Industry Classification System.
NOAA National Oceanic and Atmospheric Administration.
NTTAA National Technology Transfer and Advancement Act.
OMB Office of Management and Budget.
PFCs perfluorocarbons.
psia pounds per square inch absolute.
RFA Regulatory Flexibility Act.
SF6 sulfur hexafluoride.
U.S. United States.
UMRA Unfunded Mandates Reform Act of 1995.

Table of Contents

I. Background
    A. How is this preamble organized?
    B. Background on This Action
    C. Legal Authority
    D. How would these amendments apply to 2012 reports?
II. Technical Corrections and Other Amendments
    A. Subpart A--General Provisions
    B. Subpart W--Petroleum and Natural Gas Systems
    C. Subpart FF--Underground Coal Mines
    D. Subpart II--Industrial Wastewater Treatment
    E. Subpart OO--Suppliers of Industrial Greenhouse Gases
    F. Subpart RR--Geologic Sequestration of Carbon Dioxide
    G. Subpart TT--Industrial Waste Landfills
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions that Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. Background

A. How is this preamble organized?

    The first section of this preamble contains the basic background
information about the origin of these proposed rule amendments and
request for public comment. This section also discusses EPA's use of
our legal authority under the Clean Air Act to collect data under the
Mandatory Reporting of Greenhouse Gases (GHG reporting) rule.
    The second section of this preamble describes in detail the changes
that are being proposed to correct technical errors, to provide
clarification, or propose amendments to address implementation issues
identified by EPA and others. This section also presents EPA's
rationale for the proposed changes and identifies issues on which EPA
is particularly interested in receiving public comments.
    Finally, the last (third) section of the preamble discusses the
various statutory and executive order requirements applicable to this
proposed rulemaking.

B. Background on This Action

    The 2009 final GHG reporting rule (2009 final rule) was signed by
EPA Administrator Lisa Jackson on September 22, 2009 and published in
the Federal Register on October 30, 2009 (74 FR 56260, October 30,
2009). The 2009 final rule, which became effective on December 29,
2009, includes reporting of GHGs from various facilities and suppliers,
consistent with the 2008 Consolidated Appropriations Act.\1\ Subsequent
notices were published in 2010 finalizing the requirements for subparts
FF, II, and TT (75 FR 39736, July 12, 2010), subpart W (75 FR 74458,
November 30, 2010), subpart DD (75 FR 74774, December 1, 2010) and
subpart RR (75 FR 75060, December 1, 2010). Subpart OO, which was
promulgated as part of the 2009 final rule was also revised in 2010 (75
FR 79092, December 17, 2010). The source categories in 40 CFR part 98
cover approximately 85-90 percent of U.S. GHG emissions through
reporting by direct emitters, as well as suppliers of certain products
that would result in GHG emission when released, used, or oxidized, and
those that geologically sequester or otherwise inject carbon dioxide
(CO2) underground.
---------------------------------------------------------------------------

    \1\ Consolidated Appropriations Act, 2008, Public Law 110-161,
121 Stat. 1844, 2128.
---------------------------------------------------------------------------

C. Legal Authority

    EPA is proposing these rule amendments under its existing CAA
authority, specifically authorities provided in CAA section 114.
    As stated in the preamble to the 2009 final rule (74 FR 56260) and
the Response to Comments on the Proposed Rule, Volume 9, Legal Issues,
CAA section 114 provides EPA broad authority to require the information
proposed to be gathered by this rule because such data would inform and
are relevant to EPA's carrying out a wide variety of CAA provisions. As
discussed in the preamble to the initial proposed rule (74 FR 16448,
April 10, 2009), CAA section 114(a)(1) authorizes the Administrator to
require emissions sources, persons subject to the CAA, manufacturers of
control or process equipment, or persons whom the Administrator
believes may have necessary information to monitor and report emissions
and provide such other information the Administrator requests for the
purposes of carrying out any provision of the CAA. For further
information about EPA's legal authority, see the preambles to the 2009
proposed and final rules and EPA's Response to Comments, Volume 9.

D. How would these amendments apply to 2012 reports?

    EPA is planning to address the comments on these proposed
amendments and publish the final amendments before the end of 2011.
Therefore, reporters would be expected to calculate emissions and other
relevant data for the reports that are submitted in 2012 using 40 CFR
part 98 as amended by this proposed action. We have determined that it
is feasible for the sources to implement these changes for the 2011
reporting year because the revisions primarily provide additional
clarifications regarding the existing regulatory requirements, do not
change the type of information that must be collected, and do not
materially affect how emissions are calculated.
    For example, EPA is proposing several technical clarifications and
amendments to subpart A to address issues raised by reporters through
questions to the hotline in late 2010 and early 2011, as well as those
identified by EPA. For additional background information on the
questions raised, please refer to the Technical Support Document for
the 2011 Technical Corrections, Clarifying and Other Amendments to
Certain Provisions of the Mandatory Reporting of Greenhouse Gases Rule
proposal available in the docket to this rulemaking (EPA-HQ-OAR-2011-
0147). For instance, we are proposing to change the threshold for
underground coal mines to include only those that liberate 36,500,000
actual cubic feet (acf) of methane (CH4) or more per year
(equivalent to 100,000 acf of CH4 or more per day). If the
current regulatory threshold is retained, all mines that are currently
subject to quarterly or more frequent sampling by Mine Safety and
Health Administration (MSHA) would be required to report. Given that
the original requirements were based on an incorrect assumption
regarding the number of mines that MSHA samples, we are proposing a new
threshold that will remove reporting requirements for approximately 500
mines (see relevant discussion in Section II.C of this preamble). We
are also proposing provisions to clarify the time period during which
information must be submitted to EPA and to clarify which information
may be submitted through the electronic Greenhouse Gas Reporting Tool
(e-GGRT) and which must be mailed to the Director of the Climate Change
Division. We are also proposing a revision to the definition of
``supplier'' to be consistent with changes made to the rule during
2010. These changes impose no additional burden for facilities, and
could be readily implemented for the 2011 reporting year.
    Many proposed revisions provide additional information to provide
clarity on existing requirements. For example, in subpart W (Petroleum
and Natural Gas Systems) we are providing additional clarity on the
methodological options for calculating emissions from acid gas removal
units and emissions from well venting for liquids unloading. In subpart
FF (Underground Coal Mines) we are proposing to clarify use of MSHA
data to calculate emissions. While MSHA data may be used to collect
data for volume and concentration of methane, it does not provide
temperature and pressure data; therefore, we are proposing that
measurements of temperature must be made at the same time as MSHA
measurements for volume and concentration of methane and that for
pressure, facilities must use either a measured value or the average
annual barometric pressure from the nearest National Oceanic and
Atmospheric Administration (NOAA) weather service station. This
proposed clarification is consistent with clarifications EPA has issued
in response to industry questions and does not change the rule
requirements for facilities collecting data in 2011 because the
requirements to collect temperature and pressure data were already
clear in 40 CFR 98.324(b)(1). In subpart RR, clarifying text is
proposed in 40 CFR 98.443(d) to ensure that facilities account for
CO2

entrained in produced fluids from oil or gas production wells or from
other fluid wells that are not processed through a gas-liquid
separator. Although we intended that CO2 content in all
produced liquids would be determined (see Section II.B.4 of the
preamble to the final subpart RR rule (75 FR 75065, December 1, 2010)),
the text in 40 CFR 98.443(d) and associated equations were based on
measurements that did not include fluids removed without the use of a
separator, such as water removed for pressure relief. Therefore, the
clarifying text does not change the rule requirements for facilities
collecting data in 2011.
    Other proposed amendments provide additional clarity to the data
reporting elements. For example, in subpart II (Industrial Wastewater
Treatment) we are proposing to clarify what is meant by weekly sampling
in 40 CFR 98.353(c) and (d); the proposed revisions would clarify that
reporters that sample only once per week must sample more than three
days apart.
    For some subparts, we are proposing amendments that would provide
additional flexibility to the sources. Thus, while they would be free
to use the amended regulations once final, facilities are not required
to follow the amendments for 2011 data collection. For example, in
subpart TT (Industrial Waste Landfills), facilities are provided an
additional approach for determining the volatile solids concentration
or the waste-specific degradable organic carbon (DOC) values for
historically disposed streams. The July 12, 2010 final rule had no
provisions by which waste streams that were not disposed of in the
first reporting year could be assessed. These waste streams were
required to use the default DOC values, which have a high degree of
uncertainty. The proposed revision allows owners and operators of
industrial waste landfills to develop more accurate values for volatile
solids concentration and site-specific DOC. With these proposed
amendments, these facilities would have the option, but not be
required, to use the newly proposed option for the reports submitted to
EPA in 2012 and thereafter.
    EPA is also proposing corrections to terms and definitions in
certain equations. For example, in subpart TT (Industrial Waste
Landfill), we are proposing to delete Equation TT-7 and amend Equation
TT-8, which were incorrectly based on the assumption that the volatile
solids concentration was expected to have units of mass of volatile
solids per mass of (wet) waste. We are correcting these equations per
Standard Method 2540G ``Total, Fixed, and Volatile Solids in Solid and
Semisolid Samples,'' in which the volatile solids concentration is
determined on a dry basis. These clarifications do not result in
additional requirements; therefore, EPA has concluded that reporters
subject to the subparts that would be amended by this proposed action
can follow the rule, as amended, in submitting their reports in 2012
and thereafter.
    Finally, EPA is proposing other technical corrections (e.g.,
correcting cross references) that have no impact on facilities' data
collection efforts in 2011.
    In summary, these amendments would not require any additional
monitoring or information collection above what was already included in
40 CFR part 98. Therefore, we expect that sources can use the same
information that they have been collecting under 40 CFR part 98 for
each subpart to calculate and report GHG emissions for 2011 and submit
reports in 2012 under the amended subparts.
    EPA generally seeks comment on the conclusion that it is
appropriate to implement these amendments and incorporate the
requirements in the data reported to EPA in 2012. Further, we seek
comment on whether there are specific subparts and specific proposed
changes where this timeline may not be feasible or appropriate due to
the nature of the proposed changes or the way in which data have been
collected thus far in 2011. We request that commenters provide specific
examples of how the proposed implementation schedule would or would not
work.

II. Technical Corrections and Other Amendments

    Following promulgation of subparts A and OO on October 30, 2009,
subparts FF, II, and TT on July 12, 2010, subpart W on November 30,
2010, and subparts DD and RR on December 1, 2010, EPA has identified
errors in the regulatory language that we are now proposing to correct.
These errors were identified as a result of working with affected
industries to implement these subparts. We have also identified certain
rule provisions that should be amended to provide greater clarity. The
amendments we are now proposing include the following types of changes:
     Changes to correct cross references within and between
subparts.
     Additional information to better or more fully understand
compliance obligations in a specific provision, such as the reference
to a standardized method that must be followed.
     Amendments to certain equations to better reflect actual
operating conditions.
     Corrections to terms and definitions in certain equations.
     Corrections to data reporting requirements so that they
more closely conform to the information used to perform emission
calculations.
     Other amendments related to certain issues identified as a
result of working with the affected sources during rule implementation
and outreach.
    We are seeking public comment only on the issues specifically
identified in this notice for the identified subparts. We will not
respond to any comments addressing other aspects of 40 CFR part 98.

A. Subpart A--General Provisions

    EPA is proposing several technical clarifications and amendments to
subpart A to address issues raised by reporters and identified by EPA
during the first year of implementation of the GHG Reporting Program
(GHGRP), as well as to clarify terminology to ensure consistency across
all subparts. In addition, a number of minor amendments are proposed to
ensure that the General Provisions appropriately reflect the
incorporation of the additional subparts into the GHGRP that were
finalized in 2010.
    Threshold for Electrical Transmission and Distribution Equipment
Use. We are proposing to amend Table A-3 in the General Provisions to
clarify applicability of the rule for Electrical Transmission and
Distribution Equipment Use (subpart DD). The final subpart DD rule
(December 1, 2010; 75 FR 74774) specifies at Sec.  98.301 that
reporting is required for an electric power system only if the total
nameplate capacity of SF6 and PFC containing equipment
located within the electric power system, when added to the total
nameplate capacity of SF6 and PFC containing equipment that
is not located within the electric power system but is under common
ownership or control, exceeds 17,820 pounds. That section of the rule
also specifies that a facility other than an electric power system that
is subject to part 98 because of emissions from another source category
is only required to report emissions under subpart DD if the total
nameplate capacity of SF6 and PFC containing equipment
located within that facility exceeds 17,820 pounds. The final rule,
however, does not include the 17,820 pound capacity threshold in Table
A-3. Some potential reporters have questioned if this omission means
that all facilities with electric power equipment must submit an annual
report, even if they are below the capacity threshold and are not

otherwise required to report under any other provisions of part 98.
This interpretation is clearly not the intent of the rule. The
regulatory text in the final rule can and should be interpreted to mean
that a facility is required to submit an annual report only if the
capacity threshold is exceeded. This interpretation is clear from the
preamble to the proposal (74 FR 16609) as well as the final rule (75 FR
74774)). However, we are proposing to revise Table A-3 to insert the
capacity threshold language of Sec.  98.301 to make the rule clearer
and less subject to misinterpretation. Because the test for whether a
facility meets the numerical threshold differs depending on the type of
facility, we are including a reference to Sec.  98.301. Therefore, we
are revising the Table A-3 entry for subpart DD to read as follows:
Electrical transmission and distribution use at facilities where the
total nameplate capacity of SF6 and PFC containing equipment
exceeds 17,820 pounds, as determined under Sec.  98.301 (subpart DD).
    Threshold for Underground Coal Mines. We are proposing to change
the threshold for underground coal mines to include only those that
have ventilation emissions of 36,500,000 acf of CH4 or more
per year. For a full description of this proposed change, please refer
to the relevant discussion under subpart FF of this action.
    Computation of Time. EPA is proposing to add a provision to 40 CFR
98.3(b) to allow information, including but not limited to, the annual
GHG report and any subsequent re-submissions, the certificate of
representation, and requests to use best available monitoring methods,
to be submitted to EPA on the next business day in the event that a
regulatory deadline falls on a weekend or a Federal holiday. The
proposed language is consistent with a similar provision under the Acid
Rain Program (40 CFR 72.11) and will provide all reasonable
flexibilities for submitting data without compromising data quality.
    2012 Reporting Deadline. We are proposing a one-time extension of
the 2012 reporting deadline for facilities and suppliers subject to
source categories for which data collection began January 1, 2011
(referred to below as the ``new 2011 reporting year source
categories'').\2\ A deadline extension from March 31, 2012 to September
28, 2012 would apply only to reporting of data elements under the
following source categories: Electronics Manufacturing (subpart I),
Fluorinated Gas Production (subpart L), Magnesium Production (subpart
T), Petroleum and Natural Gas Systems (subpart W), Use of Electric
Transmission and Distribution Equipment (subpart DD), Underground Coal
Mines (subpart FF), Industrial Wastewater Treatment (subpart II),
Imports and Exports of Equipment Pre-charged with Fluorinated GHGs or
Containing Fluorinated GHGs in Closed-cell Foams (subpart QQ), Geologic
Sequestration of Carbon Dioxide (subpart RR), Manufacture of Electric
Transmission and Distribution (subpart SS), Industrial Waste Landfills
(subpart TT), and Injection of Carbon Dioxide (subpart UU).
---------------------------------------------------------------------------

    \2\ There was a separate one-time extension of the reporting
deadline for facilities and suppliers first required to report GHG
information to EPA in 2011, for data collected during 2010 (76 FR
14812). The deadline extension in this proposal only applies to the
reporting of information from those source categories for which data
collection began in 2011 and for which data are to be reported in
2012.
---------------------------------------------------------------------------

    All facilities and suppliers subject to the GHGRP, including
facilities and suppliers that include the source categories listed
above, would still be required to report their GHG information for all
other subparts by March 31, 2012. For example, a facility subject to
report GHG information under subparts C, W, and PP would still be
required to report GHG information for subparts C and PP by March 31,
2012, but would not be required to submit the required data reporting
elements under subpart W until September 28, 2012.
    We are proposing this change to the 2012 reporting deadline for the
new 2011 reporting year source categories in order to allow sufficient
time for development, and more importantly stakeholder testing, of the
electronic-GHG Reporting Tool (e-GGRT). Stakeholder testing provides an
opportunity for EPA to receive feedback from reporters and other
interested stakeholders to enable EPA to test the effectiveness of the
user interface of e-GGRT, correct any problems in advance of the
reporting deadline, and ultimately ensure that the data received under
the program are of the highest quality. Stakeholder testing of the
electronic reporting tool for the new 2011 reporting year source
categories is particularly important given the large number of
reporters affected by these new categories (more than one quarter of
all reporters are estimated to be required to report under these new
subparts).
    Based on the discussion above, we are seeking comment on whether a
six-month extension of the 2012 reporting deadline for the new 2011
reporting year source categories to September 28, 2012, would be
appropriate. Facilities and suppliers subject to the rule would still
be required to report all other required data reporting elements by
March 31, 2012, but would not report information related to the new
2011 reporting year source categories until September 28, 2012.
    Reporting on use of Best Available Monitoring Methods (BAMM). We
are proposing to amend 40 CFR 98.3(c)(7) to remove the phrase
``according to paragraph (d) of this section'' thereby requiring all
facilities and suppliers that use BAMM to provide a brief description
of each ``best available monitoring method'' used, the parameter
measured using the method, and the time period during which the ``best
available monitoring method'' was used, if applicable. This reporting
requirement was applicable to all facilities and suppliers using BAMM
in the 2009 final rule. Most of the subparts promulgated in 2010
(subparts T, DD, FF, II, QQ, RR, SS, TT, and UU) directly referred back
to the procedures in 40 CFR 98.3(d), and therefore the requirement to
report basic information on BAMM is required. Through this amendment,
we are clarifying that this basic information must be reported for all
subparts, including subparts L (Fluorinated Gas Production) and W
(Petroleum and Natural Gas Systems). This does not impact the
requirements of subpart I (Electronics Manufacturing), which already
directly include this reporting requirement in the data reporting
requirements of that subpart.
Definitions
    Blowdown vent stack. We are proposing to amend the definition of
blowdown vent stack emissions to add the phrase ``emissions from
emergency events are not included.'' EPA is proposing to make this
change to promote better consistency with provisions in subpart C,
which exempted emissions from emergency generators and equipment from
being included in the GHG emissions calculations.
    Supplier. Based on changes made to the rule during 2010, the
definition of supplier does not adequately represent the breadth of
subparts covered under the rule. EPA is proposing to change the
definition of supplier in 40 CFR 98.6 so it specifically refers to
those source categories listed in Table A-5 to subpart A of part 98,
and is as described in the definition of the source category in the
applicable subparts.
    The proposed amendment is necessary because suppliers are currently
defined as suppliers of fossil fuels and industrial GHGs. However,
during 2010, EPA changed the definition of fossil fuels in a rulemaking
(75 FR 79092) that could be wrongly

interpreted to exclude some suppliers that are clearly subject to the
rule. In the 2009 final rule, fossil fuel was defined in 40 CFR 98.6 as
meaning natural gas, petroleum, coal, or any form of solid, liquid, or
gaseous fuel derived from such material, including for example,
consumer products that are derived from such materials and are
combusted. Using this definition, suppliers of fossil fuel-based
products were covered by subparts MM and NN regardless of the product
end-use. This interpretation is clear from the preamble to the 2009
final rule (74 FR 56260). However, in the subsequent rulemaking (75 FR
79092) EPA modified the definition of fossil fuel to read natural gas,
petroleum, coal, or any form of solid, liquid, or gaseous fuel derived
from such material, for purpose of creating useful heat. We were clear
in the preamble to that final rule that the change was not intended to
have any impact on coverage of GHGs under the GHGRP (see 75 FR 79104).
Nevertheless, referring to only suppliers of fossil fuels could now
wrongly be interpreted so as to exclude some coverage under subparts MM
and NN.
    In addition, we added a new source category to the rule called
Importers and Exporters of Fluorinated GHGs Contained in Pre-charged
Equipment or Closed-cell Foams (subpart QQ, 75 FR 74774). Although one
could interpret the existing definition to include suppliers of
fluorinated GHGs in bulk and in products, the proposed amendment
further clarifies that suppliers include all the relevant source
categories included in Table A-5.
    We are also proposing a harmonizing change in 40 CFR 98.1(a)(1) to
remove the terms ``fossil fuel'' and ``industrial greenhouse gas''
before the term ``supplier.''
    Submission of reports and other information to EPA. There were some
questions raised in the 2009 final rule about where certain
communications should be directed, whether electronically through the
electronic greenhouse gas reporting tool (40 CFR 98.5) or through the
mail with an attention to the Director of the Climate Change Division
(40 CFR 98.9). 40 CFR 98.5 reads that each GHG report and certificate
of representation for a facility or supplier must be submitted
electronically in a format specified by the Administrator. 40 CFR 98.9
was intended to provide a mailing address for all other communications
under the program, however, the regulatory language indicated that the
mailing address was for all requests, notifications, and communications
to the Administrator other than submittal of the annual GHG report.
This raised a question as to whether the certificate of representation
could be submitted through the mail.
    To address this potential source of confusion, we are clarifying
that the annual GHG report, the certificate of representation, and all
other requests, notifications, or communications that can be submitted
through e-GGRT, must be submitted through e-GGRT. All other requests,
notifications, or communications to the Administrator pursuant to this
part shall be submitted through the mail to the Director of the Climate
Change Division.
    Other Technical Corrections. We are proposing to amend 40 CFR
98.2(d) and (e) to remove references to paragraphs 40 CFR 98.2(a)(4)(i)
and (a)(4)(ii), respectively, which were removed when we finalized
amendments during 2010 to consolidate the lists of source categories
covered into tables. The correct references for both paragraphs should
have been to 40 CFR 98.2(a)(4). In those same paragraphs we are
clarifying that the applicability determination for importers should be
assessed separately from the applicability determination for exporters.
In other words, the emissions from the quantity of GHGs imported should
be calculated for comparison to the 25,000 metric tons CO2e
threshold and separately the quantity of GHGs exported should be
calculated for comparison to the 25,000 metric tons CO2e.
Based on questions received from reporters during the 2010 reporting
year, it was unclear if the quantity of imports and exports should be
assessed separately, added together, or the net imports minus exports
calculated for comparison to the threshold. Finally, we are clarifying
in Table A-5 that coverage and the applicability determination for
importers and exporters under subpart MM includes suppliers of natural
gas liquids in addition to suppliers of petroleum products. The
inclusion of natural gas liquids suppliers was clear in 40 CFR
98.2(a)(4) and subpart MM (40 CFR 98.390), however, it was
inadvertently omitted from Table A-5.
    We are proposing to amend 40 CFR 98.2(i)(3) to add a date by which
owners and operators must notify EPA that they no longer need to submit
an annual GHG report because their operations have changed such that
all applicable GHG-emitting processes and operations cease to operate.
40 CFR 98.2(i) provides three instances where facilities or suppliers
no longer need to report to EPA. In instances where facilities or
suppliers report less than 25,000 metric tons carbon dioxide equivalent
(mtCO2e) per year for 5 years, or less than 15,000
mtCO2e for 3 years, they are required to notify EPA by March
31 of the following year that they are no longer to report for the year
after the year in which these conditions have been met. Similarly, the
owner or operator is exempt from reporting in the years following the
year in which cessation of such operations occurs, provided that the
owner or operator submits a notification to the Administrator. However,
the rule does not provide a date by which such notification be made.
EPA is proposing that, similar to the requirements in 40 CFR 98.2(i)(1)
and (i)(2), owners or operators notify EPA by March 31 of the year
following the reporting year in which such conditions have been met.
    In 40 CFR 98.3(c)(10) and in the definition of United State parent
company(s) in 40 CFR 98.6, we are proposing to replace the term
``reporting entity'' with the term ``facility or supplier.'' Reporting
entity has not typically been used in the GHGRP and for consistency
across the individual subparts of the rule, we are proposing to use the
term ``facility or supplier'' which in turn clarifies that the
obligation is on the owner or operator of any such facility or
supplier. This is consistent with the preamble to the rule that amended
40 CFR part 98 with 40 CFR 98.3(c)(10), in which it is clear that
``reporting entity'' means ``facility or supplier'' (see, for example,
75 FR 57676).
    To address several requests for clarification received on the
recordkeeping requirements, we are proposing to clarify that the 3-year
requirement for retention of records starts from the date of submission
of the annual GHG report for the reporting year in which the record was
generated. This is as opposed to having the 3-year clock start on the
day that the record was generated. The proposal, which is consistent
with the Acid Rain Program, is in recognition of the fact that common
practice is to retain all of the records for a single reporting year in
a readily retrievable format, regardless if the record was generated on
January 1st or December 31st of that reporting year. We are therefore
proposing that the records be retained for 3 years from the data of
submission of the applicable annual GHG report.
    In 40 CFR 98.3(c)(5)(ii) we are proposing to replace the use of the
term ``emissions'' with ``quantities'' when referring to the
information reported under industrial GHG suppliers. This is consistent
with efforts throughout the GHG Reporting Program to clarify that
information reported for supplier categories do not necessarily reflect

emissions to the atmosphere, but rather ``quantities'' that may be
released if all of the supply were combusted or released.
    We are also proposing to correct an incorrect cross reference in 40
CFR 98.4(m)(4) from (m)(2)(iv)(A) to (m)(2)(v)(A).

B. Subpart W--Petroleum and Natural Gas Systems

    EPA is proposing several technical clarifications and amendments to
subpart W to address issues raised during the first year of
promulgation of the rule, as well as clarifications to specified
provisions in the rule to ensure consistency across all subparts. In
addition, several technical corrections are proposed to clarify
provisions that were either erroneous or unclear to reporters.
    Definitions. EPA is proposing to amend the definition for gas well
in 40 CFR 98.238. The definition of gas well that was finalized in the
rule, posed the question of whether or not gas wells that included any
hydrocarbon condensate were also considered gas wells. The amendment
clarifies the definition for gas well by stating that it includes gas
wells that also produce natural gas including condensate.
    Threshold Clarifications. EPA is broadly including clarification to
several throughput thresholds in subpart W in response to
clarifications sought by reporters subject to the rule. We are
proposing to amend the threshold in the definition of the source
category for the onshore natural gas processing industry segment in 40
CFR 98.230(a)(2). This definition includes a threshold provision, which
states that all processing facilities that do not fractionate with a
throughput per day of 25 million standard cubic feet (MMscf) or greater
are covered under the rule. Without a clarification on how the 25 MMscf
per day is to be determined, this provision resulted in confusion for
reporters. Thus, we propose to amend the definition to state that the
25 MMscf per day throughput threshold is based on an annual average
throughput that the reporter would use to determine if they are covered
under this definition.
    Similarly, we are proposing to clarify that the throughput
threshold for glycol dehydrators (40 CFR 98.233(e)(1) and (e)(2)) and
onshore production storage tanks (40 CFR 98.233(j)(1),(j)(2),(j)(3) and
(j)(4)) are also based on annual average throughput. These proposed
amendments are described further in the Calculating Greenhouse Gas
Emissions section below.
    Greenhouse Gases to Report. We are proposing to clarify in 40 CFR
98.232(d) that the greenhouse gases to be reported under the natural
gas processing industry segment include nitrous oxide (N2O)
emissions and not just CO2 and CH4 emissions.
This proposed amendment will make 40 CFR 98.232(d) consistent with
other provisions in the rule related to calculating GHG emissions from
flare stacks. The rule in 40 CFR 98.232(j) clearly states that you are
required to report CO2, CH4 and N2O
emissions for all flare stacks in all applicable industry segments and
flare stacks are included to be reported in natural gas processing
facilities (98.232(d)(6)). Finally, the calculation methodology for
flare stack emissions includes the method for quantifying
N2O emissions from these stacks (See section 98.233(n)(8)).
This proposed clarification avoids confusion as to whether
N2O emissions, which typically result from flaring
activities, would need to be reported under this industry segment.
    In addition, we are proposing to clarify in 40 CFR 98.232(i) that
CO2 and CH4 emissions are to be reported from the
natural gas distribution industry segment. This clarification was
necessary to ensure that the affected reporters are aware that these
GHG's are to be reported from this industry segment.
    Calculating Greenhouse Gas Emissions. We are proposing several
clarifications, corrections, and amendments throughout 40 CFR 98.233.
    First, we are proposing to amend the definition for GHGi
of Equation W-1 in 40 CFR 98.233(a) which is used for calculating GHG
emissions from natural gas pneumatic device venting. In specific, the
definition for the parameter GHGi in Equation W-1 was
incorrect in that it inferred that it applied to facilities listed in
40 CFR 98.230(a)(3) through (a)(8) when it actually only applies to the
onshore production, natural gas transmission, and underground natural
gas storage industry segments of subpart W. In addition, we are
proposing to further amend the definition for parameter GHGi
in Equation W-1 to clarify that GHGi should equal 0.952 for
CH4 and 1 X 10-3 for CO2 for facilities in 40 CFR
98.230(a)(4) and (a)(5). Previously, this equation did not include any
clarification of what the parameter GHGi would be for
methane and carbon dioxide and as a result confusion arose as to what
values should be used for the natural gas transmission and underground
natural gas storage industry segments. Further, for both Equation W-1,
and W-2, of 40 CFR 98.233, we are proposing to amend the definition for
the parameter GHGi to include a reference to 40 CFR
98.233(u)(2)(i) to clarify how and at what frequency GHGi is
to be determined for produced natural gas from the onshore production
industry segment. We are proposing these amendments to Equations W-1
and W-2, to clarify specific aspects of the parameter GHGi
and how it applies to applicable industry segments and how it is to be
determined to address lack of clarity on these aspects of the equation.
    Next, we are proposing amendments to 40 CFR 98.233(d) to clarify
how the four different methods are to be used for determining GHG
emissions from acid gas removal (AGR) vents. In many cases a reporter
may have both a continuous emissions monitoring system (CEMS) or a vent
meter available at their facility, and when reviewing the methods in 40
CFR 98.233(d) in the final rule, the reporter would not be able to
easily determine which method would apply when certain technologies are
available. Thus, we are proposing to amend 40 CFR 98.233(d)(2), (3) and
(4) to clarify that if a facility has a vent meter but no CEMs
available for determining the CO2 emissions from AGR units
then they would use Calculation Methodology 2 and if a facility has
neither a CEMs in place or a vent meter in place, they have the option
of using either Calculation Methodology 3 or 4 of 40 CFR 98.233(d).
    Next, we are proposing several amendments to 40 CFR 98.233(e) for
calculating emissions from dehydrator vents. First, we are proposing to
include minor non-substantive revisions to the citations in 40 CFR
98.233(e) and (e)(1)(xi)(C). Next we are proposing to fix an erroneous
citation in 40 CFR 98.233(e)(1)(xi) to correctly reference 40 CFR
98.233(e)(1)(xi) instead of 40 CFR 98.233(e)(2)(xi). Finally, we are
proposing to amend 40 CFR 98.233(e)(1) and (e)(2) to clarify that the
throughput threshold of 0.4 million standard cubic feet per day is to
be determined using an annual average daily throughput. We are
proposing to include this particular amendment to clarify to reporters
how this throughput threshold is to be determined.
    We are proposing to amend engineering Equation W-8, which is used
to calculate emissions from well venting for liquids unloading. First,
we are proposing to amend the first sentence in 40 CFR 98.233(f)(2) to
state that Calculation Methodology 2 is to be used to calculate the
total emissions for well venting for liquids unloading whereas the rule
previously stated that Calculation Methodology 2 was to be used to
calculate emissions from each well venting for liquids unloading event.
This clarification is in line with

the equation in that the emissions from well venting for liquids
unloading that have occurred in the year of data collection are to be
summed and an annual value would result for all wells, as opposed to
each well separately.
    We are proposing to amend Equation W-13 to include corrections and
clarifications to the parameter definitions. First we are proposing to
correct parameter Ea,n, EFwo, and Vf
to state that they represent standard conditions and not actual
conditions. Secondly, we are proposing a correction to the emission
factor (EF) value in EFwo that was based on actual
conditions and should have been in standard conditions. This proposed
change would result in the emissions factor value adjustment
EFwo = 2,454 to 3,114 standard cubic feet per workover.
Next, we are proposing to revise the definition of Ea,n to
Es,n to clarify that the annual natural gas emissions
calculated are from a single gas well venting event and at standard
conditions. Previously the rule stated that the Ea,n (now
referred to as the Esn), represents emissions from gas well
venting, which resulted in confusion as to whether this equation was to
apply for gas well venting in previous years or to more than one gas
well venting during the year of data collection. Finally, we are
proposing to revise 40 CFR 98.233(h)(1). The rule states that the
resulting emissions from Equation W-13 are to be converted into
standard conditions. However, this should not be the case because
Equation W-13 would already result in emissions in standard condition.
As a result, we are proposing to include language in 40 CFR
98.233(h)(1) that would reference paragraphs in subpart W that will
convert the emissions from Equation W-13 into GHG volumetric and mass
emissions.
    In Equation W-14 used for determining blowdown vent stacks
emissions, we are proposing to clarify that the parameter Vv
is the actual physical volume of the blowdown equipment and not the gas
volume. It was always EPA's intent that the physical volume between
isolation valves be considered against the 50 standard cubic feet
threshold for blowdown vent stacks.\3\ EPA is also proposing to clarify
the reporting requirements for blowdown vent stacks by stating that
emissions are calculated per unique volume type and not equipment type.
Equation W-14 in 40 CFR 98.233(i) determines emissions on a unique
volume basis; therefore, emissions should be reported as such.
---------------------------------------------------------------------------

    \3\ Please see Response to Comment number EPA-HQ-OAR-2009-0923-
1018-27 in Mandatory Greenhouse Gas Reporting Rule Subpart W--
Petroleum and Natural Gas: EPA's Response to Public Comments, Volume
8. This document can be found at http://www.epa.gov/climatechange/emissions/downloads10/Subpart-W_RTC_part2.pdf.
---------------------------------------------------------------------------

    In addition, we are proposing to make amendments to equations and
parameters dependant on CH4 and CO2 composition
by making clarifications to the parameter, GHGs used to convert whole
gas, total hydrocarbon, or methane emissions into volumetric or mass
CO2, and CH4 emissions in Equations W-1, W-2, W-
30, and W-31.
    In 40 CFR 98.233(j) we are proposing to clarify that the throughput
threshold referenced in Calculation Methodologies 1-4 is based on an
annual average daily throughput of oil, whereas the rule gave no
clarification as to what basis the oil throughput was based on,
resulting in many questions from affected owners and operators on how
this throughput threshold was to be determined. We are also proposing
to correct an erroneous citation in 40 CFR 98.234(j)(1)(vii) and 40 CFR
98.233(j)(2), which referenced citations that do not exist. In Equation
W-15, where volumetric GHG emissions are determined from onshore
production storage tanks, we are proposing to revise the equation by
including a multiplier so the resulting emissions would be in the
correct units. In addition, we are proposing to amend the definition
for the EFi and count parameters to clarify that these
parameters must be used for both gas-liquid separators with throughput
less than 10 barrels per day and wells with throughput less than 10
barrels per day sending liquids straight to a tank without going
through any separator. The definition to equation W-15 in the 2010
final rule could have been misinterpreted to apply only to instances
where there was a separator at the well. The proposed clarification
makes the definitions to Equation W-15 consistent with the introduction
to 40 CFR 98.233(j)(5).
    In Equation W-16, we are proposing to amend the definition for the
parameter En by first correcting the citation that
erroneously included 40 CFR 98.233(j)(3), which should not have been
included because it references a methodology that is specific for wells
that flow directly to storage tanks bypassing a wellhead separator. In
addition, we are proposing to amend the definition for En by
including a conversion factor that would result in the emissions being
determined on a yearly basis as opposed to an hourly basis. In
addition, we are proposing to delete the parameter Et in the
equation as it is being accounted for in the revised equation and is no
longer necessary.
    In 40 CFR 98.233(k) we are proposing the inclusion of minor
revisions to 40 CFR 98.233(k)(2) and (k)(4) to clarify that emissions
to be calculated are annual emissions. In addition, we are proposing to
revise 40 CFR 98.233(k)(4)(i) by removing the reference to 40 CFR
98.233(j)(1) as this reference was incorrectly directed to the onshore
production storage tank calculations where owners and operators could
use a software program to determine flashing emissions which are not
covered under the transmission storage tanks calculations. Finally, we
are also proposing to revise 40 CFR 98.233(k)(4)(ii) by clarifying that
the flare stack calculations are to be used for emissions that are sent
to a flare and not from a flare. The latter resulted in confusion from
reporters as to what emissions they would be capturing by using the
flare calculation methodologies.
    We are proposing to amend the provisions in 40 CFR 98.233(z) for
determining combustion emissions from both the onshore petroleum and
natural gas production and natural gas distribution industry segments.
First, we are proposing to include an engineering equation to be used
for determining CH4 emissions resulting from combustion of a
fuel. The rule did not include a specific equation or methodology for
determining the methane emissions from combustion of fuel, however, the
provisions stated that both CH4 and CO2 emissions
were to be calculated from the combustion of fuel. In addition, we are
proposing to amend the equation used to calculate CO2
emissions by including a combustion efficiency parameter.
    We are proposing to clarify that 40 CFR 98.233(z)(6), calculation
of N2O emissions from stationary combustion, applies only to
units combusting field gas or process vent gas. Units combusting other
fuels listed in Table C-1 would estimate N2O (and
CH4) emissions using the appropriate Tier 1 equations in
subpart C. We have reorganized section 98.233(z)(6) to incorporate this
proposed amendment. We are proposing to amend Equation W-40 to account
for an incorrect exponent on the conversion factor from kilograms to
metric tons. Without making this change to the rule, the emissions
would have resulted in an incorrect calculation of emissions.
    We are also proposing to revise equation W-41 to insert missing
variables a and b from the equation. Without including the missing
variables, equation 41 would lack clarity and be unusable.

    Emission Factor Tables. We are proposing to revise the emission
factors for high bleed, low bleed, and intermittent bleed pneumatic
devices to correct for an error where the original emission factors
were on a CH4 basis and should have been adjusted to account
for the total hydrocarbon basis as noted in equation. These proposed
revisions would apply to Table W-3 and Table W-4.
    Other Technical Corrections. EPA is proposing to clarify in 40 CFR
98.236(c)(6)(ii)(B) that only the number of workovers with hydraulic
fracturing that vent gas to the atmosphere or flare gas needs to be
reported. The current rule language could suggest you must report on
the total number of workovers per year, including those that don't
involve hydraulic fracture and those that do not vent gas to the
atmosphere.
    It came to EPA's attention that the density parameter in Equation
W-36 was calculated incorrectly. EPA proposes correcting these
parameters to 0.0520 kg/ft\3\ for CO2 and N2O,
and 0.0190 kilograms per square foot (kg/ft\3\) for CH4 at
68[deg] F and 14.7 pounds per square inch absolute (psia).

C. Subpart FF--Underground Coal Mines

    Proposed changes to Subpart A. We are proposing to amend Table A-3
to subpart A of part 98. According to Table A-3 to subpart A of part
98, all underground coal mines that are subject to quarterly or more
frequent sampling by MSHA of ventilation systems (subpart FF) must
report, regardless of size.
    This threshold was based on EPA's understanding that quarterly
sampling by MSHA was only done at the largest, gassiest mines, defined
as those emitting more than 100,000 actual cubic feet (acf)
CH4 per day. For example, the proposal preamble states,

    ``We propose that all active underground coal mines for which
CH4 from the ventilation system is sampled quarterly by
MSHA (or on a more frequent basis), are required to report under
this rule. MSHA conducts quarterly testing of CH4
concentration and flow at mines emitting more than 100,000 cf
CH4 per day. We selected this threshold because
subjecting underground mine operators to a new emissions-based
threshold is unnecessarily burdensome, as many of these mines are
already subject to MSHA regulations. The MSHA threshold for
reporting of 100,000 cf CH4 per day covers approximately
94 percent of the CH4 emitted from underground coal mine
ventilation systems and about 86 percent of total emissions from
underground mining (including stationary fuel combustion emissions
at mine sites, as shown in Table FF-1 of this preamble).''

    In the proposal preamble, we estimated that this threshold covers
only about 128 of the estimated 612 active underground mines in the
United States (74 FR 16553). Although it was not evident in reviewing
the public comments received on the proposed subpart FF, since
finalization we have learned that the threshold was based on an
incorrect understanding that MSHA only samples quarterly at mines
liberating 100,000 acf of CH4 or more per day.
    If the current regulatory threshold is retained, all mines would be
required to report. This would add nearly 500 mines to the number
previously expected to report, but these 500 mines would represent only
another 14 percent of the total GHG emissions from underground coal
mines. EPA is reviewing ways to address this and ensure that the
threshold in the rule reflects EPA's longstanding intent to capture the
gassiest mines that are responsible for the majority of emissions from
underground coal mines in the United States.
    We are proposing to amend the language so that mines liberating
36,500,000 acf of CH4 or more per year from their
ventilation systems are subject to the rule. This capacity threshold
(equivalent to an average of 100,000 acf of CH4 or more per
day) may be more easily identifiable for the coal industry, is
consistent with our original intent in terms of coverage, and removes
reporting requirement for the approximately 500 mines.
    We considered but are not proposing, a threshold of 15,000 metric
tons CO2e per year. This threshold would also be consistent
with our original intent in terms of coverage and it would remove the
reporting requirement for the approximately 500 mines. However, it
would be less familiar to industry than the roughly equivalent
threshold of 36,500,000 acf of CH4 or more per year.
    Equations FF-1 and FF-3. We are proposing the following technical
amendments to Equations FF-1 and FF-3 in 40 CFR 98.323.
    We propose to amend 40 CFR 98.324(a) and 98.324(b) to specify that
variables ``V,'' ``MCF,'' ``C,'' ``T,'' and ``P'' are not ``daily''
rates. We are also proposing to edit the units of ``V'' to cfm from
scfm and to revise the units for ``C'' to read ``%'' to allow for the
use of ``C'' on a dry basis.
    Sampling for pressure. We propose to amend FF-1 to allow facilities
to use the annual average barometric pressure from the nearest NOAA
weather service station as a default to measuring ventilation system
pressure. According to MSHA, approved equipment to conduct pressure
measurements is not readily available in the United States.
    Sampling for moisture content. We received numerous questions
regarding the placement of timing of sampling for moisture content. We
are proposing to add a paragraph (d) to 40 CFR 98.324 to specify that
when flow and concentration are measured on different bases, moisture
content is measured at the location of the flow meter at least weekly
if using CEMS, and at the location and time of the grab sample, if
using grab samples.
    Additionally, we received numerous inquiries about how reporters
are to measure for moisture content, and asking whether measurements
were really necessary because no moisture content measurement
requirements are in 40 CFR 98.324. To clarify how and when reporters
are to measure for moisture content, we are proposing to amend 40 CFR
98.323 and 98.324 to include reference to calibration and documentation
of procedures for moisture content monitors. These proposed amendments
clarify that the moisture content is to be based on measurement values
and not assumed moisture content values. In related amendments, we are
proposing to amend 40 CFR 98.326(o) to clarify the reporting
requirements for temperature, pressure, and moisture content
measurements. Together, the proposed amendments to Equations FF-1 and
FF-3 and 40 CFR 98.324 would clarify that moisture content need only be
determined when the concentration and flow measurements are made on
different basis (one wet and one dry) and that, if needed, the moisture
content must be measured.
    MSHA data. We received numerous comments on the use of MSHA data to
calculate emissions. MSHA samples volume and concentration of methane,
but does not collect data on temperature, pressure, and moisture
content, which are required inputs for the equations in this subpart.
To allow facilities to use MSHA data, we propose to amend 40 CFR
98.324(b)(2) to clarify that temperature and moisture content must be
sampled at the same time and location as the MSHA samples, and that for
pressure, facilities must use either a measured value or the average
annual barometric pressure from the nearest NOAA weather service
station.
    Monitoring equipment. We propose to amend 40 CFR 98.324(g) to
include the use of infrared and flame ionization analyzers with the
provision that they are calibrated annually using measurements made by
gas chromatography methods. The infrared and flame ionization analyzers
are

frequently used by the coal mining industry and they are often more
familiar with their calibration and operation.
    We propose to amend 40 CFR 98.324(f) for consistency with the types
of monitoring equipment required. We propose to replace references to
``fuel flow meters'' with ``flow meters,'' because the gas that is
measured may or may not be used as a fuel. We also propose to delete
references to ``heating value monitors,'' and ``sour gas flow meters''
because these monitors and meters are not required.

D. Subpart II--Industrial Wastewater Treatment

    We are proposing clarifying amendments and technical corrections to
subpart II to address questions EPA has received about the rule's
requirements, as well as to clarify terminology.
    We are proposing to amend 40 CFR 98.352(d) to replace the term
``landfill gas'' with ``biogas'' to correct a typographical error.
    We are proposing to amend the definitions of the terms for
``Tm'' and ``Pm'' in Equation II-4 to refer to
``average temperature'' and ``average pressure'' to clarify how
reporters should use the multiple temperature and pressure measurements
that they may make during a measurement period. We are also proposing
to amend these definitions to clarify how the calculation should be
adjusted if the flow rate meter automatically corrects for temperature
and pressure.
    We are proposing to amend 40 CFR 98.353(c)(2)(ii), 40 CFR
98.353(c)(2)(iii)(A) and (B), and 40 CFR 98.354(c) and (d) to replace
``once each calendar week, with at least three days between
measurements'' with ``at least once each calendar week; if only one
measurement is made each calendar week, there must be at least three
days between measurements,'' to clarify what is meant by weekly
sampling.
    We are proposing to amend Equation II-6 of 40 CFR 98.353 to correct
an error in the placement of brackets and parentheses. This amendment
will eliminate the possibility that the equation will return incorrect
quantities of methane emissions. We are also proposing to amend the
units in the definition of CH4En under Equation
II-6 to clarify that the annual quantity should be reported in ``metric
tons'' not ``metric tons/yr.''
    We are proposing to amend 40 CFR 98.353(c) to reorder the text to
clarify that continuous gas flow monitoring is required for each
anaerobic sludge digester, anaerobic reactor, or anaerobic lagoon from
which some biogas is recovered; and to clarify that the continuous gas
flow measurements must be used to determine cumulative gas production
each week. We are also proposing to amend 40 CFR 98.353(c)(1) to
replace the term ``content'' with the term ``quantity'' to clarify that
fully integrated systems report CH4 quantity which accounts
for both CH4 concentration and biogas flow.
    We are proposing to amend 40 CFR 98.354(f) by dividing it into
subparagraphs and by deleting an incorrect cross reference, to clarify
the monitoring requirements for anaerobic sludge digester, anaerobic
reactor, or anaerobic lagoon from which some biogas is recovered.
    We are proposing to amend 40 CFR 98.356(a) by replacing the term
''explain'' with ``indicate'' to provide guidance to reporters about
the information they should include in the description or diagram of
their wastewater treatment system. We are also proposing to replace the
term ``all anaerobic lagoons'' with ``each anaerobic lagoon'' to
clarify that reporters should provide the average depth of each lagoon,
not the average of all lagoons.
    We are proposing to amend 40 CFR 98.356(b)(3) and (4) to clarify
that the values for ``Bo'' and ``MCF,'' that are used as inputs to
Equation II-1 or II-2, are to be taken from Table II-1. We are also
proposing to amend 40 CFR 98.356(d)(2) by replacing the text
``Cumulative volumetric biogas flow for each week'' with ``Total weekly
volumetric biogas flow for each week (up to 52 weeks/year)'' to clarify
that reporters should provide the total gas recovered for the week, for
up to 52 weeks per year.
    We are proposing to amend subpart II (Industrial Wastewater
Treatment) (40 CFR 98.350 to 40 CFR 98.358) in multiple places,
replacing the term ``anaerobic digester'' with ``anaerobic sludge
digester'' to clarify the test refers to the anaerobic process defined
in 40 CFR 98.350(b)(2); and to replace the term ``gas'' with ``biogas''
to clarify the gas referred to is the biogas defined in 40 CFR 98.358.

E. Subpart OO--Suppliers of Industrial Greenhouse Gases

    We are proposing to amend subpart OO to require that the data
currently reported under 40 CFR 98.416(a)(8) and (9) be kept as a
record rather than reported. We are also proposing to make a
corresponding revision to 40 CFR 98.416(a)(10).
    Section 98.416(a)(8) requires that fluorinated GHG and nitrous
oxide production facilities report the total mass in metric tons of
each reactant fed into the F-GHG or nitrous oxide production process,
by process; and section 98.416(a)(9) requires that fluorinated GHG and
nitrous oxide production facilities report the total mass in metric
tons of the reactants, by-products, and other wastes permanently
removed from the F-GHG or nitrous oxide production process, by process.
Although these data elements do not, in themselves, represent additions
to or subtractions from the U.S. supply of industrial GHGs, we required
reporting of these data elements in the October 30, 2009, Mandatory GHG
Reporting Rule to facilitate verification of production levels through
a material balance. (For more discussion of that decision, see page 26
of the Mandatory Greenhouse Gas Reporting Rule: EPA's Response to
Public Comments, Volume No. 40, Subpart OO--Suppliers of Industrial
Greenhouse Gases.)
    We are now proposing to require recordkeeping, rather than
reporting, of these data elements. After additional consideration, we
have concluded that these data elements, by themselves, have somewhat
limited usefulness for verifying production levels because the
relationship between the masses of the reactants fed into the process,
the mass of the nitrous oxide or fluorinated GHG product, and the mass
of the reactants, by-products, and other wastes permanently removed
from the process can vary. For example, if catalysts are added to the
process and subsequently removed from it, the sum of the masses of the
product and the materials removed from the process may exceed the sum
of the masses of the reactants fed into the process. On the other hand,
if by-products or other materials are emitted from the process, e.g.,
through fugitive emissions, the sum of the masses of the reactants may
exceed the sum of the masses of the product and the materials removed
from the process. Finally, the accuracies and precisions of the various
instruments used to measure the masses of the reactants fed into the
process, the mass of the nitrous oxide or fluorinated GHG produced, and
the masses of the materials permanently removed from the process may
all vary, further complicating comparisons among these quantities.
Retention of these data as records would permit on-site verification of
production as part of the audit process, which would have the benefit
of permitting consideration of other production process information
(e.g., the use of catalysts) in making comparisons among the inputs and
outputs of the production process. We

estimate that approximately 20 facilities produce fluorinated GHGs or
nitrous oxide in the U.S., making on-site verification a practicable
option for subpart OO.
    We are also proposing to revise Sec.  98.416(a)(10) by removing the
introductory qualifier. In its entirety, the provision currently reads,
``For transformation processes that do not produce an F-GHG or nitrous
oxide, mass in metric tons of any fluorinated GHG or nitrous oxide fed
into the transformation process, by process.'' The phrase ``for
transformation processes that do not produce an F-GHG or nitrous
oxide'' was intended to prevent double-reporting between this provision
and Sec.  98.416(a)(8), which requires reporting of the mass of each
reactant fed into the fluorinated GHG or nitrous oxide production
process. (In the case where one fluorinated GHG was transformed into
another, the first fluorinated GHG would be one of the reactants fed
into the process and would therefore be reported under (a)(8).) With
the proposed removal of Sec.  98.416 (a)(8), the introductory qualifier
in Sec.  98.416(a)(10) must be removed to ensure that the quantities of
fluorinated GHGs fed into all transformation processes, including
transformation processes that produce other fluorinated GHGs, will be
reported under subpart OO.\4\
---------------------------------------------------------------------------

    \4\ Note that if a fluorinated GHG is produced and transformed
at the same facility, neither its production nor its transformation
are required to be reported under subpart OO.
---------------------------------------------------------------------------

F. Subpart RR--Geologic Sequestration of Carbon Dioxide

    We are proposing clarifying amendments and technical corrections to
subpart RR to correct known errors.
    Accounting for CO2 Entrained in Produced Water. We are
proposing to clarify 40 CFR 98.443(d) to ensure that CO2
entrained in produced water that is not processed through a gas-liquid
separator is accounted for in the mass balance equation. We intended
that CO2 content in all produced liquids would be
determined,\5\ and assumed that all produced liquids would be processed
through a gas-liquid separator. The text in 40 CFR 98.443(d), and the
associated equations (Equations RR-7, RR-8, and RR-9) are based on
measurements made at a separator to calculate the amount of
CO2 in produced fluids. However, EPA has recognized that in
some situations, including water removed for pressure relief or
reservoir maintenance, fluids may be removed from the subsurface
without being processed through a separator. The current text and
equations would not account for CO2 in water that is
withdrawn from the subsurface and reinjected or disposed without going
through a separator.
---------------------------------------------------------------------------

    \5\ See Section II.B.4 of preamble to the final Subpart RR rule
(75 FR 75065, December 1, 2010).
---------------------------------------------------------------------------

    To address this issue, we propose adding a new sentence to 40 CFR
98.443(d) to specifically account for any CO2 in fluids that
are produced and not processed through a separator. We also propose
adding a new sentence to 40 CFR 98.443(d)(3) to clarify that the
reporter must include additional information regarding the measurement
methods used to determine the concentration of CO2 in
fluids, and a discussion of how the amount of produced CO2
would be determined, in the monitoring, reporting and verification
(MRV) plan. In the MRV plan, the reporter would describe the
disposition of the produced water (reinjected into another zone,
reused, or otherwise disposed) and provide justification for
determining whether the CO2 entrained in the water is
sequestered. The MRV plan would also describe considerations the
reporter intends to use to calculate CO2 from produced water
for the mass balance equation.
    CO2 Emissions from Equipment Leaks and Vented Emissions of CO2. We
are proposing to revise the term ``CO2 equipment leakage and
vented CO2 emissions'' throughout subpart RR with the term
``CO2 emissions from equipment leaks and vented emissions of
CO2.'' This change is proposed to ensure consistency with
the terminology that is used in 40 CFR part 98 subpart W and to more
accurately describe the equipment between flow meters and wellheads for
which monitoring requirements are specified in subpart RR.
Specifically, we are proposing the following changes:
     At 40 CFR 98.442(e) and 98.442(f), revise the term ``Mass
of CO2 equipment leakage and vented CO2
emissions'' to read ``Mass of CO2 emissions from equipment
leaks and vented emissions of CO2.''
     In Equations RR-11 and RR-12 at 40 CFR 98.443, revise the
term ``Total annual CO2 mass emitted (metric tons) as
equipment leakage or vented emissions'' to read ``Total annual
CO2 mass emitted (metric tons) from equipment leaks and
vented emissions of CO2.''
     At 40 CFR 98.444(d), revise the heading ``CO2
equipment leakage and vented CO2 emissions'' to read
``CO2 emissions from equipment leaks and vented emissions of
CO2.''
     At 40 CFR 98.445(e), revise the term ``CO2
equipment leakage or vented CO2 emissions to read
``CO2 emissions from equipment leaks and vented emissions of
CO2.''
     At the introductory text of 40 CFR 98.446(f)(3), revise
the term ``CO2 equipment leakage and vented CO2
emissions'' to read ``CO2 emissions from equipment leaks and
vented emissions of CO2.''
     At 40 CFR 98.446(f)(3)(i) and 98.446(f)(3)(ii), revise the
term ``mass of CO2 emitted (in metric tons) annually as
equipment leakage or vented emissions'' to read ``mass of
CO2 emitted (in metric tons) annually from equipment leaks
and vented emissions of CO2.''
     At 40 CFR 98.447(a)(5) and 98.447(a)(6), revise the term
``CO2 emitted as equipment leakage or vented emissions'' to
read ``CO2 emitted from equipment leaks and vented emissions
of CO2.''
     At 40 CFR 98.448(a)(5), revise the term ``considerations
for calculating equipment leakage and vented emissions'' to read
``considerations for calculating CO2 emissions from
equipment leaks and vented emissions of CO2.''
    Other Technical Corrections. We are proposing to amend a cross
reference in the introductory language of 40 CFR 98.446(a)(2) and 40
CFR 98.446(a)(3). The incorrect references refer the reader to 40 CFR
98.446(a)(5), but should refer the reader 40 CFR 98.446(a)(4). We are
also proposing to amend a cross reference at 40 CFR 98.446(f)(1)(vii).
The incorrect reference refers the reader to 40 CFR 98.446(f)(1)(i),
but should refer the reader to 40 CFR 98.446(f)(1)(ii).
    We are proposing to revise the data reporting element at 40 CFR
98.446(e) and the introductory text at 40 CFR 98.446(f). As currently
written, it is ambiguous when reporters would report total amount
sequestered. We are proposing that the revised data reporting element
at 40 98.446(e) read as follows: ``Report the date that you began
collecting data for calculating total amount sequestered according to
Sec.  98.448(a)(7) of this subpart''. We are proposing that the revised
introductory text at 40 CFR 98.446(f) read as follows: ``Report the
following. If the date specified in paragraph (e) of this section is
during the reporting year for this annual report, report the following
starting on the date specified in paragraph (e) of this section.''
    We are proposing to revise the heading of 40 CFR 98.448(e) to
correct a typographical error. The text of 40 CFR 98.448(e) refers to
requirements for revised MRV plans, but the heading is incorrectly
labeled as ``Final MRV plan.'' We propose to revise the heading to read
``Revised MRV plan.''

    We are proposing to revise the definition of ``CO2
received'' at 40 CFR 98.449 to correct a typographical error by adding
the word ``means'' after the CO2 received defined term. The
definition would read ``CO2 received means the
CO2 stream that you receive to be injected for the first
time into a well on your facility that is covered by this subpart.
CO2 received includes, but is not limited to, a
CO2 stream from a production process unit inside your
facility and a CO2 stream that was injected into a well on
another facility, removed from a discontinued enhanced oil or natural
gas or other production well, and transferred to your facility.''

G. Subpart TT--Industrial Waste Landfills

    Numerous clarifying amendments and technical corrections are
proposed to subpart TT to address questions EPA has received about the
rule's requirements and to correct known errors. Technical amendments
to the rule are also proposed to address some additional questions.
These more substantive technical amendments are discussed first, and
then the clarifying amendments are presented.
    Determining Waste-specific DOC values for Closed Landfills. We are
proposing to amend 40 CFR 98.464 by adding a new paragraph (c) to
provide methodologies for closed landfills or active landfills that
have stopped accepting certain types of wastes to determine the
volatile solids concentration (for exemption purposes under 40 CFR
98.460(c)(2)(xii)) or to determine the waste-specific DOC values for
historically disposed waste streams. The proposed provisions would
allow landfills to identify waste streams similar to those that had
been historically placed in the landfill, measure the volatile solids
concentration of these ``similar'' waste streams, and use those
measured values to assess the applicability of the exemption under 40
CFR 98.460(c)(2)(xii) or to determine the average DOC value for the
historical waste streams. The proposed provisions also allow use of
process knowledge to determine the volatile solids concentration and,
if needed, to calculate the corresponding DOC value if a similar waste
stream cannot be identified.
    This provision is being proposed to allow industrial waste landfill
owners and operators a means by which to develop volatile solids
concentration and site-specific DOC values for historically disposed
waste streams. The site-specific DOC values will in turn improve the
accuracy of the modeled methane generation. The July 12, 2010, final
rule had no provisions by which waste streams that were not disposed of
in the landfill during the first reporting year could be assessed.
These waste streams would be required to use the default DOC values,
which have a higher degree of uncertainty. Facilities may still elect
to use the default DOC values, but proposed amendments provide
methodologies for developing site-specific DOC values for these
``historically-disposed'' waste streams.
    We are also proposing to amend 40 CFR 98.467 to clarify that
records must be retained for the volatile solids concentration
determinations, including determinations using process knowledge.
    Equations for Determining Volatile Solids and DOC Values. We are
proposing to delete Equation TT-7 and amend Equation TT-8 to 40 CFR
98.464 to correct inadvertent errors in these equations. These
equations as presented in the July 12, 2010, final rule were incorrect
because the volatile solids concentration was expected to have units of
mass of volatile solids per mass of (wet) waste. However, per Standard
Method 2540G ``Total, Fixed, and Volatile Solids in Solid and Semisolid
Samples,'' the volatile solids concentration is determined on a dry
basis (milligram (mg) volatile solids per mg dried solids). As such,
Standard Method 2540G provides the volatile solids concentration in the
appropriate units needed for 40 CFR 98.464(b)(3), and Equation TT-7 in
the final rule can be deleted. Additionally, we propose to amend 40 CFR
98.464(b)(4) to correct the errors in Equation TT-8 (which is proposed
to be renumbered as Equation TT-7) and to clarify the units of the
variables used in the equation.
    We are revising the variable ``F'' in Equation TT-1 and new
Equation TT-7 (which was Equation TT-8) to correct the measured
CH4 concentration for zero percent oxygen. We are proposing
to change ``Fx'' to be ``F'' in Equation TT-1 because this
parameter should be a fixed value for a given reporting year and
revising the definition of ``F'' to be ``Fraction by volume of
CH4 in landfill gas (fraction, dry basis, corrected to 0%
oxygen). If you have a gas collection system, use the annual average
CH4 concentration from measurement data for the current
reporting year; otherwise, use the default value of 0.5'' to clarify
that, if a measured value of CH4 concentration is used it
should be based on measurements made during the reporting year and the
volume fraction should be adjusted to 0 percent oxygen for use in
Equation TT-1.
    In addition, we are proposing to add a new paragraph (g) in 40 CFR
98.464 and a new Equation TT-8 to provide guidance on how to correct
the measured CH4 concentration for zero percent oxygen in
order to arrive at an appropriate value for F in the case of air
infiltration into the landfill gas at the monitoring location.
    Provisions for Actively Aerated Landfills and Other Amendments To
Conform with Amendments to subpart HH. Similar to amendments that were
made to subpart HH (Municipal Solid Waste Landfills), we propose to
amend the definition of the methane correction factor (MCF) to allow
landfills with active aeration units to use an MCF value other than the
default value of 1. For landfills with active aeration units, a site-
specific MCF can be developed based on the amount of aeration and the
fraction of the landfill that is actively aerated. Owners and operators
of landfills with active aeration can use the default MCF factor of 1
or they may elect to develop a site-specific MCF value. The owner or
operator of the industrial waste landfill must document the basis for
the alternative MCF value; in no cases can an MCF value less than 0.5
be used. These amendments are being proposed because the default MCF
value of 1 is expected to overestimate the modeled methane generation
at a facility that actively aerates the waste in the landfill.
Additionally, we propose to add 40 CFR 98.466(d)(4) to require
reporting of the MCF value and the basis for using an MCF value other
than the default value of 1.
    We are proposing to define the term ``construction and demolition
waste landfills'' as defined in subpart HH and use that term rather
than ``dedicated construction and demolition waste landfills.''
    We are also proposing to revise the footnote to Table TT-1 to
subpart TT of part 98 to clarify that leachate recirculation rates can
be determined from company records or engineering estimates and that
the owner or operator of a landfill that uses leachate recirculation
may elect to use the k value for the wet climate rather than
calculating the leachate recirculation rate. These amendments provide
improved consistency between the reporting requirements for municipal
and industrial waste landfills.
    Other Technical Corrections. We are proposing other technical
corrections for subpart TT to correct typographical errors, to correct
equations, and to provide minor clarifications. These proposed
corrections are summarized below:

     In 40 CFR 98.460(c)(2)(i), replacing ``Coal combustion
residue (e.g., fly ash)'' with ``Coal combustion or incinerator ash
(e.g., fly ash)'' to better describe our intent to classify all
combustion ash products as inert.
     In 40 CFR 98.463(a)(1):

--Revising the definition of GCH4 to delete the word
``rate'' because the units of the modeled methane generation is metric
tons.
--Revising the definition of DOCx from ``degradable organic
carbon for year X * * *'' to be ``degradable organic carbon for waste
disposed in year X * * *'' for clarity.

     In 40 CFR 98.463(a)(2):

--Revising ``January 1, 1980'' to be ``January 1, 1960'' in both places
to correct an inadvertent error.
--Replacing the term ``first emissions monitoring year'' with ``first
emissions reporting year'' to improve consistency with the terminology
used in other sections of subpart TT.

     In 40 CFR 98.463(a)(2)(ii)(C):

--Deleting the phrase ``fixed average annual bulk waste disposal
quantity for each year for which historic disposal quantity and'' in
the paragraph text and adding to the definition of WX ``This
annual bulk waste disposal quantity applies for all years from `YrOpen'
to `YrData' inclusive'' to clarify that the value calculated by
Equation TT-4 applies for all years from ``YrOpen'' to ``YrData''
inclusive.

--Revising the definition of LFC and YrData to allow closed landfills
that have some measurement data to appropriately calculate
WX only for years for which the closed landfill does not
have waste disposal data available from company records or from
Equation TT-3.

     In 40 CFR 98.464(b), replacing ``For each waste stream for
which you choose to determine * * *'' with ``For each waste stream
received during the reporting year for which you choose to determine *
* *'' for clarity given the addition of 40 CFR 98.464(c).
     In 40 CFR 98.464(b)(1), adding the parenthetical ``(as
received at the landfill)'' to clarify that the representative sample
of each waste stream was to be determined ``as received at that
landfill'' (as opposed to sampling waste in ``closed'' sections of the
landfill) and for clarity given the addition of 40 CFR 98.464(c).
     In 40 CFR 98.466(b), replacing ``Report the following
waste characterization information:'' with ``Report the following waste
characterization and modeling information:'' to better describe the
reporting elements included in this paragraph.
     Moving paragraphs 40 CFR 98.466(d)(3) and (4) to
98.466(b)(3) and (4) because these reporting elements are based on
reporting year practices and do not need to be separately reported for
each year or used in the summation for Equation TT-1. Also, to clarify
that the fraction of CH4 in the landfill gas, F, should be
based on CH4 concentration corrected to 0% oxygen.
     In 40 CFR 98.466(b)(2), adding ``* * * for which Equation
TT-1 of this subpart is used to calculate modeled CH4
generation'' to clarify that only descriptions of waste streams
disposed of in the landfill and used in Equation TT-1 must be reported
(as opposed to all wastes managed on-site regardless of whether the
waste in managed in the landfill).
     In 40 CFR 98.466(c)(3)(ii), replacing ``The year, the
waste disposal quantity and production quantity for each year Equation
TT-2 applies'' with ``The year, the waste disposal quantity and
production quantity for each year used in Equation TT-2 of this subpart
to calculate the average waste disposal factor (WDF)'' to clarify that
these data are to be reported for the years used to calculate WDF, not
the years for which WDF was subsequently used to calculate waste
quantities.
     In 40 CFR 98.466(d), adding the phase ``and each year
thereafter up'' so that the paragraph reads ``For each year of
landfilling starting with the ``Start Year'' (S) and each year
thereafter up to the current reporting year, report the following
information:'' to clarify that the reporting elements must be reported
separately for each year.
     Adding a new paragraph 40 CFR 98.466(d)(1) to read ``The
calendar year for which following data elements apply'' to ensure the
calendar year is also reported. Renumber existing paragraphs
98.466(d)(1) and (2) to (d)(2) and (3) and add the phrase ``for the
specified year'' to ensure the data elements are reported with
specified year in the new paragraph 98.466(d)(1).
     In 40 CFR 98.466(f), deleting the word ``rate'' to conform
with revised definition of term and replace it with
``(GCH4)'' to clarify this is the equation term to be
reported.
     In 40 CFR 98.466(f), adding ``(MG)'' after ``methane
generation'' to improve clarity and replace ``Equation TT-5'' with
``Equation TT-6'' to correct an improper equation cross-reference.
     In 40 CFR 98.468, adding the definition of ``design
capacity'' to clarify what is meant by this term as it is used in 40
CFR 98.460. The definition is similar to 40 CFR 60.751 (Standards of
Performance for Municipal Solid Waste Landfills).
     In Table TT-1, amending the default value of construction
and demolition waste from 0.04 to 0.08 to correct an inadvertent error.
     In Table TT-1, revising the description of the waste type
``Inert Waste'' to read ``Inert Waste [i.e., wastes listed in 40 CFR
98.460(c)(2)]'' to correct an incorrect cross-reference.

III. Statutory and Executive Order Reviews

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

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
These proposed amendments do not make any substantive changes to the
reporting requirements in any of the subparts for which amendments are
being proposed. In many cases, the proposed amendments to the reporting
requirements could potentially reduce the reporting burden by making
the reporting requirements conform more closely to current industry
practices. However, the OMB has previously approved the information
collection requirements for subparts A and OO contained in the
regulations promulgated on October 30, 2009, subpart W promulgated on
November 30, 2010, subpart DD promulgated on December 1, 2010, subparts
FF and TT promulgated on July 12, 2010, and subpart RR promulgated on
December 1, 2010 under 40 CFR part 98 under the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB
control numbers 2060-0629; 2060-0650; and 2060-0647; and 2060-0649
respectively. The OMB control numbers for EPA's regulations in 40 CFR
are listed in 40 CFR part 9.
    Further information on EPA's assessment on the impact on burden can
be found in the Technical Corrections and Amendments Cost Memo in
docket number EPA-HQ-OAR-2011-0147.

C. Regulatory Flexibility Act (RFA)

    The 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 proposed rule on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of these proposed rule
amendments on small entities, I certify that this action will not have
a significant economic impact on a substantial number of small
entities. The proposed rule amendments will not impose any new
requirement on small entities that are not currently required by the
regulation of subparts A and OO promulgated on October 30, 2009;
subparts FF, II, and TT promulgated on July 12, 2010; subpart W
promulgated on November 30, 2010, or subparts DD or RR, both
promulgated on December 1, 2010.
    EPA took several steps to reduce the impact of 40 CFR part 98 on
small entities when developing the final GHG reporting rules in 2009
and 2010. For example, EPA determined appropriate thresholds that
reduced the number of small businesses reporting. In addition, EPA
conducted several meetings with industry associations to discuss
regulatory options and the corresponding burden on industry, such as
recordkeeping and reporting. Finally, EPA continues to conduct
significant outreach on the GHG reporting program 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 the
proposed rule amendments on small entities and welcome comments on
issues related to such impacts.

D. Unfunded Mandates Reform Act (UMRA)

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538, requires Federal agencies, unless otherwise
prohibited by law, to assess the effects of their regulatory actions on
State, local, and Tribal governments and the private sector. Federal
agencies must also develop a plan to provide notice to small
governments that might be significantly or uniquely affected by any
regulatory requirements. The plan must enable officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates and must inform, educate, and advise small
governments on compliance with the regulatory requirements.
    The proposed rule amendments do not contain a Federal mandate that
may result in expenditures of $100 million or more for State, local,
and tribal governments, in the aggregate, or the private sector in any
one year. Thus, the proposed rule amendments are not subject to the
requirements of section 202 and 205 of the UMRA. This rule is also not
subject to the requirements of section 203 of UMRA because it contains
no regulatory requirements that might significantly or uniquely affect
small governments. The proposed amendments will not impose any new
requirements that are not currently required for 40 CFR part 98, and
the rule amendments would not unfairly apply to small governments.
Therefore, this action is not subject to the requirements of section
203 of the UMRA.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132.
    These amendments apply directly to facilities that supply certain
products that would result in GHGs when released, combusted or oxidized
and facilities that directly emit greenhouses gases. They do not apply
to governmental entities unless the government entity owns a facility
that directly emits GHGs above threshold levels (such as a landfill),
so relatively few government facilities would be affected. This
regulation also does not limit the power of States or localities to
collect GHG data and/or regulate GHG emissions. Thus, Executive Order
13132 does not apply to this action.
    Although section 6 of Executive Order 13132 does not apply to this
action, EPA did consult with State and local officials or
representatives of State and local governments in developing subparts A
and OO promulgated on October 30, 2009; subparts FF, II, and TT
promulgated on July 12, 2010; subpart W promulgated on November 30,
2010, and subparts DD and RR, both promulgated on December 1, 2010. A
summary of EPA's consultations with State and local governments is
provided in Section VIII.E of the preamble to the 2009 final rule.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed action
from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). The proposed
rule amendments would not result in any changes to the current
requirements of 40 CFR part 98. Thus, Executive Order 13175 does not
apply to this action.
    Although Executive Order 13175 does not apply to this action, EPA
sought opportunities to provide information to Tribal governments and
representatives during the development of the rules for subparts A and
OO promulgated on October 30, 2009; subparts FF, II, and TT promulgated
on July 12, 2010; subpart W promulgated on November 30, 2010, and
subparts and DD and RR, both promulgated on December 1, 2010. A summary
of the EPA's consultations with Tribal officials is provided in
Sections VIII.D and VIII.F of the preamble to the 2009 final rule and
in Section IV.F of the final rule for subpart W.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant

regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113 (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment because it is a rule addressing information collection and
reporting procedures.

List of Subjects in 40 CFR Part 98

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

    Dated: July 19, 2011.
Lisa P. Jackson,
Administrator.
    For the reasons stated in the preamble, part 98 of title 40,
chapter I, of the Code of Federal Regulations is proposed to be amended
as follows:

PART 98--[AMENDED]

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

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

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

Subpart A--[Amended]

Sec.  98.2  Who must report?

* * * * *
    (d) To calculate GHG quantities for comparison to the 25,000 metric
ton CO2 per year threshold for importers and exporters of
coal-to-liquid products under paragraph (a)(4) of this section,
calculate the mass in metric tons per year of CO2 that would
result from the complete combustion or oxidation of the quantity of
coal-to-liquid products that are imported during the reporting year
and, that are exported during the reporting year. Compare the imported
quantities and the exported quantities separately to the 25,000 metric
ton CO2 per year threshold. Calculate the quantities using
the methodology specified in subpart LL of this part.
    (e) To calculate GHG quantities for comparison to the 25,000 metric
ton CO2e per year threshold for importers and exporters of
petroleum products under paragraph (a)(4) of this section, calculate
the mass in metric tons per year of CO2 that would result
from the complete combustion or oxidation of the combined volume of
petroleum products and natural gas liquids that are imported during the
reporting year and that are exported during the reporting year. Compare
the imported quantities and the exported quantities separately to the
25,000 metric ton CO2 per year threshold. Calculate the
quantities using the methodology specified in subpart MM of this part.
    (f) To calculate GHG quantities for comparison to the 25,000 metric
ton CO2e per year threshold under paragraph (a)(4) of this
section for importers and exporters of industrial greenhouse gases and
for importers and exporters of CO2, the owner or operator
shall calculate the mass in metric tons per year of CO2e
imports and exports as described in paragraphs (f)(1) through (f)(3) of
this section. Compare the imported quantities and the exported
quantities separately to the 25,000 metric ton CO2 per year
threshold.
* * * * *
    (h) An owner or operator of a facility or supplier that does not
meet the applicability requirements of paragraph (a) of this section is
not subject to this rule. Such owner or operator would become subject
to the rule and reporting requirements, if a facility or supplier
exceeds the applicability requirements of paragraph (a) of this section
at a later time pursuant to Sec.  98.3(b)(3). Thus, the owner or
operator should reevaluate the applicability to this part (including
the revising of any relevant emissions calculations or other
calculations) whenever there is any change that could cause a facility
or supplier to meet the applicability requirements of paragraph (a) of
this section. Such changes include but are not limited to process
modifications, increases in operating hours, increases in production,
changes in fuel or raw material use, addition of equipment, and
facility expansion.
    (i) * * *
    (3) If the operations of a facility or supplier are changed such
that all applicable GHG-emitting processes and operations listed in
paragraphs (a)(1) through (a)(4) of this section cease to operate, then
the owner or operator is exempt from reporting in the years following
the year in which cessation of such operations occurs, provided that
the owner or operator submits a notification to the Administrator that
announces the cessation of reporting and certifies to the closure of
all GHG-emitting processes and operations no later than March 31 of the
year following such changes. This paragraph (i)(3) does not apply to
seasonal or other temporary cessation of operations. This paragraph
(i)(3) does not apply to facilities with municipal solid waste
landfills or industrial waste landfills, or to underground coal mines.
The owner or operator must resume reporting for any future calendar
year during which any of the GHG-emitting processes or operations
resume operation.
* * * * *
    3. Section 98.3 is amended by:
    a. Revising paragraph (b) introductory text.
    b. Revising paragraph (b)(1).
    c. Adding paragraph (b)(4).
    d. Revising paragraph (c)(5)(ii).
    e. Revising paragraph (c)(7).
    f. Revising paragraph (c)(10).
    g. Revising paragraph (c)(11).
    h. Revising the second sentence of paragraph (g) introductory text.

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

* * * * *
    (b) Schedule. The annual GHG report for reporting year 2010 must be
submitted no later than September 30, 2011. The annual report for
reporting years 2011 and beyond must be submitted no later than March
31 of each calendar year for GHG emissions in the previous calendar
year, except as provided in paragraph (b)(1) of this section.
    (1) For reporting year 2011, GHG information required by the
subparts listed in paragraphs (b)(1)(i) through (b)(1)(xii) of this
section must be submitted no later than September 28, 2012. This
reporting date applies only to the data reporting requirements
identified in the listed subparts and does not affect data reporting
requirements of other subparts that apply to a facility or supplier.
    (i) Electronics Manufacturing (subpart I).
    (ii) Fluorinated Gas Production (subpart L).
    (iii) Magnesium Production (subpart T).
    (iv) Petroleum and Natural Gas Systems (subpart W).
    (v) Use of Electric Transmission and Distribution Equipment
(subpart DD).
    (vi) Underground Coal Mines (subpart FF).
    (vii) Industrial Wastewater Treatment (subpart II).
    (viii) Imports and Exports of Equipment Pre-charged with
Fluorinated GHGs or Containing Fluorinated GHGs in Closed-cell Foams
(subpart QQ).
    (ix) Geologic Sequestration of Carbon Dioxide (subpart RR).
    (x) Manufacture of Electric Transmission and Distribution (subpart
SS).
    (xi) Industrial Waste Landfills (subpart TT).
    (xii) Injection of Carbon Dioxide (subpart UU).
* * * * *
    (4) Unless otherwise stated, if the final day of any time period
falls on a weekend or a Federal holiday, the time period shall be
extended to the next business day.
    (c) * * *
    (5) * * *
    (ii) Quantity of each GHG from each applicable supply category in
Table A-5 of this subpart, expressed in metric tons of each GHG. For
fluorinated GHG, report quantities of all fluorinated GHG, including
those not listed in Table A-1 of this subpart.
* * * * *
    (7) A brief description of each ``best available monitoring
method'' used, the parameter measured using the method, and the time
period during which the ``best available monitoring method'' was used,
if applicable.
* * * * *
    (10) NAICS code(s) that apply to the facility or supplier.
    (i) Primary NAICS code. Report the NAICS code that most accurately
describes the facility or supplier's primary product/activity/service.
The primary product/activity/service is the principal source of revenue
for the facility or supplier. A facility or supplier that has two
distinct products/activities/services providing comparable revenue may
report a second primary NAICS code.
    (ii) Additional NAICS code(s). Report all additional NAICS codes
that describe all product(s)/activity(s)/service(s) at the facility or
supplier that are not related to the principal source of revenue.
    (11) Legal name(s) and physical address(es) of the highest-level
United States parent company(s) of the owners (or operators) of the
facility or supplier and the percentage of ownership interest for each
listed parent company as of December 31 of the year for which data are
being reported according to the following instructions:
    (i) If the facility or supplier is entirely owned by a single
United States company that is not owned by another company, provide
that company's legal name and physical address as the United States
parent company and report 100 percent ownership.
    (ii) If the facility or supplier is entirely owned by a single
United States company that is, itself, owned by another company (e.g.,
it is a division or subsidiary of a higher-level company), provide the
legal name and physical address of the highest-level company in the
ownership hierarchy as the United States parent company and report 100
percent ownership.
    (iii) If the facility or supplier is owned by more than one United
States company (e.g., company A owns 40 percent, company B owns 35
percent, and company C owns 25 percent), provide the legal names and
physical addresses of all the highest-level companies with an ownership
interest as the United States parent companies, and report the percent
ownership of each company.
    (iv) If the facility or supplier is owned by a joint venture or a
cooperative, the joint venture or cooperative is its own United States
parent company. Provide the legal name and physical address of the
joint venture or cooperative as the United States parent company, and
report 100 percent ownership by the joint venture or cooperative.
    (v) If the facility or supplier is entirely owned by a foreign
company, provide the legal name and physical address of the foreign
company's highest-level company based in the United States as the
United States parent company, and report 100 percent ownership.
    (vi) If the facility or supplier is partially owned by a foreign
company and partially owned by one or more U.S. companies, provide the
legal name and physical address of the foreign company's highest-level
company based in the United States, along with the legal names and
physical addresses of the other U.S. parent companies, and report the
percent ownership of each of these companies.
    (vii) If the facility or supplier is a federally owned facility,
report ``U.S. Government'' and do not report physical address or
percent ownership.
* * * * *
    (g) Recordkeeping. * * * Retain all required records for at least 3
years from the date of submission of the annual GHG report for the
reporting year in which the record was generated. * * *
* * * * *
    4. Section 98.4 is amended by revising paragraph (m)(4) to read as
follows:

Sec.  98.4  Authorization and responsibilities of the designated
representative.

* * * * *
    (m) * * *
    (4) Any electronic submission covered by the certification in
paragraph (m)(2)(v)(A) of this section and made in accordance with a
notice of delegation effective under paragraph (m)(3) of this section
shall be deemed to be an electronic submission certified, signed, and
submitted by the designated representative or alternate designated
representative submitting such notice of delegation.
    5. Section 98.6 is amended by revising the definitions of
``Blowdown vent stack'', ``Supplier'', and ``United States parent
company(s)'' to read as follows:

Sec.  98.6  Definitions.

* * * * *
    Blowdown vent stack emissions mean natural gas and/or
CO2 released due to maintenance and/or blowdown operations
including compressor blowdown and emergency shut-down (ESD) system
testing. Emissions from emergency events are not included.
* * * * *
    Supplier means a producer, importer, or exporter in any supply
category

included in Table A-5, as defined by the corresponding subpart of this
part.
* * * * *
    United States parent company(s) means the highest-level United
States company(s) with an ownership interest in the facility or
supplier as of December 31 of the year for which data are being
reported.
* * * * *
    6. Section 98.9 introductory text is revised to read as follows:

Sec.  98.9  Addresses.

    All requests, notifications, and communications to the
Administrator pursuant to this part, other than submittal of the annual
GHG report; the certificate of representation; and other requests,
notifications or communications that can be submitted through the
electronic greenhouse gas reporting tool, shall be submitted to the
following address:
* * * * *
    7. Table A-3 to subpart A is amended by revising the entry for
``Underground coal mines'' and for ``Electrical transmission and
distribution equipment use'' to read as follows:

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

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

                              * * * * * * *
  Additional Source Categories \a\ Applicable in 2011 and Future Years

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

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

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

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

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

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

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

Subpart W--[Amended]

    9. Section 98.230 is amended by revising paragraph(a)(3)(ii) to
read as follows:

Sec.  98.230  Definition of the source category.

    (a) * * *
    (3) * * *
    (ii) All processing facilities that do not fractionate with annual
average throughput of 25 MMscf per day or greater.
* * * * *
    10. Section 98.232 is amended by revising paragraph (d)
introductory text and paragraph (i) introductory text to read as
follows:

Sec.  98.232  GHGs to report.

* * * * *
    (d) For onshore natural gas processing, report CO2,
CH4, and N2O emissions from the following
sources:
* * * * *
    (i) For natural gas distribution, report CO2 and
CH4 emissions from the following sources:
* * * * *
    11. Section 98.233 is amended by:
    a. Revising the definition of ``GHGi'' in Equation W-1
of paragraph (a).
    b. Revising the definition of ``GHGi'' in Equation W-2
and W-2 in paragraph (c).
    c. Revising the first sentence of paragraphs (d)(2), (d)(3), and
(d)(4).
    d. Revising paragraphs (e) introductory text, (e)(1) introductory
text, (e)(1)(xi) introductory text, (e)(1)(xi)(A) through (C), and
(e)(2) introductory text.
    e. Revising paragraph (f)(2) introductory text.
    f. In paragraph (f)(2), revising the introductory text, Equation W-
8, and definitions of Equation W-8.
    g. In paragraph (f)(3), revising Equation W-9 and the definitions
of Equation W-9.
    h. In paragraph (h), revising the definitions of
``Ea,n'', ``EFwo'', and ``Vf'' in
Equation W-13.
    i. Removing paragraph (h)(1).
    j. Redesignating paragraphs (h)(2) and (h)(3) as paragraphs (h)(1)
and (h)(2), respectively, and revising new paragraph (h)(1).
    k. Revising paragraphs (i) introductory text and (i)(2).
    l. Revising the definition of ``Vv'' in Equation W-14 of paragraph
(i)(3).
    m. Revising paragraph (i)(4).
    n. Revising the first sentence of paragraph (j)(1) and revising
paragraph (j)(1)(vii).
    o. Revising paragraphs (j)(2), (j)(3) introductory text, and (j)(4)
introductory text.
    p. In paragraph (j)(5), revising Equation W-15, revising the
definitions of ``EFi'' and ``Count'', and defining the use
of ``1,000''.
    q. In paragraph (j)(8), revising Equation W-16, revising the
definition

of ``En'', removing the definition of ``Et'', and defining the use of
``8,760''.
    r. Revising paragraphs (k)(2) and (k)(4).
    s. Revising paragraph (q) introductory text.
    t. Revising the definition of ``[rho]i'' in Equation W-36 of
paragraph (v).
    u. Revising paragraph (z) introductory text.
    v. In paragraph (z)(2)(iii), revising Equation W-39; adding
Equations W-39A and W-39B; adding definitions for
``Ea,CH4'', ``[eta]'', ``YCO2'', and
``YCH4''; and revising the definitions of ``Yj''
and ``Rj''.
    w. Revising paragraph (z)(3).
    x. Removing paragraphs (z)(6)(i) through (z)(6)(iii).
    y. Redesignating paragraphs (z)(4), (z)(5), and (z)(6) as
(z)(2)(iv), (z)(2)(v), and (z)(2)(vi), respectively.
    z. In newly redesignated paragraph (z)(2)(vi), revising Equation W-
40 and revising the definition of ``HHV''.

Sec.  98.233  Calculating GHG emissions.

* * * * *
    (a) * * *

GHGi = For onshore petroleum and natural gas production
facilities, concentration of GHGi, CH4 or
CO2, in produced natural gas as defined in paragraph
(u)(2)(i) of this section; for facilities listed in Sec.
98.230(a)(4) and (a)(5), GHGi equals 0.952 for
CH4 and 1x10-\2\ for CO2.
* * * * *
    (c) * * *

GHGi = Concentration of GHGi, CH4
or CO2, in produced natural gas as defined in paragraph
(u)(2)(i) of this section.
* * * * *
    (d) * * *
    (2) Calculation Methodology 2. If CEMS is not available but a vent
meter is installed, use the CO2 composition and annual
volume of vent gas to calculate emissions using Equation W-3 of this
section.
* * * * *
    (3) Calculation Methodology 3. If CEMS or a vent meter is not
installed, you may use the inlet or outlet gas flow rate of the acid
gas removal unit to calculate emissions for CO2 using
Equation W-4 of this section.
* * * * *
    (4) Calculation Methodology 4. If CEMS or a vent meter is not
installed, you may calculate emissions using any standard simulation
software packages, such as AspenTech HYSYS[supreg] and API 4679
AMINECalc, that uses the Peng-Robinson equation of state, and speciates
CO2 emissions. * * *
* * * * *
    (e) Dehydrator vents. For dehydrator vents, calculate annual
CH4, CO2 and N2O (when flared)
emissions using any of the calculation methodologies described in
paragraph (e) of this section.
    (1) Calculation Methodology 1. Calculate annual mass emissions from
dehydrator vents with annual average daily throughput greater than or
equal to 0.4 million standard cubic feet per day using a software
program, such as AspenTech HYSYS[supreg] or GRI-GLYCalc, that uses the
Peng-Robinson equation of state to calculate the equilibrium
coefficient, speciates CH4 and CO2 emissions from
dehydrators, and has provisions to include regenerator control devices,
a separator flash tank, stripping gas and a gas injection pump or gas
assist pump. A minimum of the following parameters determined by
engineering estimate based on best available data must be used to
characterize emissions from dehydrators:
* * * * *
    (xi) Wet natural gas composition. Determine this parameter by
selecting one of the methods described under paragraph (e)(1)(xi) of
this section.
    (A) Use the wet natural gas composition as defined in paragraph
(u)(2)(i) or (u)(2)(ii) of this section.