procedures and process knowledge, respectively.
    The proposed rule would also require the retention of a record of
the file generated by the verification software specified in 40 CFR
98.5(b) including:
     Monthly production quantities of caprolactam from all
process lines;
     Monthly production quantities of glyoxal from all process
lines; and
     Monthly production quantities of glyoxylic acid from all
process lines.
    Maintaining records of information used to determine reported GHG
emissions is necessary to allow us to verify that GHG emissions
monitoring and calculations were done correctly.

E. Subpart ZZ--Ceramics Production

1. Rationale for Inclusion in the GHGRP
    For the reasons described in section II.B and the 2022 Data Quality
Improvements Proposal, consistent with its authority under the CAA, the
EPA is proposing to add a new subpart, subpart ZZ of part 98 (Ceramics
Production), for facilities engaged in the manufacturing of ceramics to
quantify and report GHG emissions from their processes and from fuel
combustion. Ceramics manufacturing facilities are identified in the
IPCC 2006 Guidelines as a source of CO2 emissions based on
the calcination process, which incorporates raw carbonates such as
clay, shale, limestone, and dolomite, and as a source of
CO2, CH4, and N2O emissions from
combustion in kilns, dryers, and other sources.\65\ Although there are
currently a large number of ceramics manufacturing facilities operating
in the United States, emissions from these operations are not
explicitly accounted for in the GHGRP. While it was originally
anticipated that some of these ceramic production facilities would be
required to report under subpart U of part 98 (Miscellaneous Uses of
Carbonate), there are no such facilities currently reporting under this
subpart, likely because they do not meet the applicability requirements
of subpart U due to the use of carbonates contained in clay rather than
pure carbonates. Currently, only 16 ceramics facilities report under
part 98, and these facilities only report combustion emissions under
subpart C (General Stationary Fuel Combustion Sources). As such, we
have determined that emissions from ceramics manufacturing are likely
not appropriately captured in the GHGRP.
---------------------------------------------------------------------------

    \65\ IPCC Guidelines for National Greenhouse Gas Inventories,
Volume 3, Industrial Processes and Product Use, Mineral Industry
Emissions. 2006. www.ipcc-nggip.iges.or.jp/public/2006gl/pdf/3_Volume3/V3_2_Ch2_Mineral_Industry.pdf.
---------------------------------------------------------------------------

    For these reasons, we are proposing the addition of a new source
category for ceramics manufacturing to better align with the guidance
and approach of the IPCC 2006 Guidelines and to provide clear
applicability requirements and emissions estimation methodologies for
these types of facilities. The proposed requirements would improve the
completeness of the data collected under the GHGRP, add to the EPA's
understanding of the GHG emissions from these sources, and better
inform future EPA policy under the CAA. Once collected, such data would
also be available to and improve on the estimates provided in the
Inventory, by incorporating the recommendations of the 2006 IPCC
guidelines.
2. Public Comments Received in Request for Comment
    In section IV.B of the 2022 Data Quality Improvements Proposal, the
EPA requested comment on the addition of ceramics manufacturing as a
new subpart to part 98. The request for comment covered the following
topics:
     Whether the EPA should add a source category related to
ceramics manufacturing;
     Information related to the source category definition,
including whether it should be included as a separate category or as
part of an existing category such as subpart N (Glass Production);
     What calculation methodologies should be used for purposes
of part 98 reporting, including what information is readily available
to reporters to support calculation methodologies;
     What monitoring requirements should be in place and what
methodologies are recommended for monitoring and QA/QC; and
     What reporting requirements should be in place.
    This section presents a broad overview of the comments received
regarding the request for comment on ceramics production.
    We received one comment on the addition of a source category for
ceramics manufacturing, stating that the commenter opposed a new source
category for brick manufacturing and that the EPA has methods available
to estimate GHG emissions from the brick industry without annual GHG
reporting. The commenter suggested that the EPA consider a one-time
information collection request for GHG emissions data or other
collaboration with the brick industry as an alternative to mandatory
reporting requirements. The EPA is proposing the addition of a new
source category for ceramics manufacturing that would include a variety
of ceramics production industries in addition to brick manufacturing.
As discussed in the 2022 Data Quality Improvements Proposal, we are
seeking data from these sources to improve the coverage of the GHGRP,
provide more accurate emissions estimations, and better inform the
development of GHG policies and programs under the CAA. This
information would also further align the data collected under GHGRP
with the 2006 IPCC Guidelines.
3. Proposed Definition of the Source Category
    Ceramics manufacturing is the process in which nonmetallic,
inorganic materials, many of which are clay-

based, are used to produce ceramic products such as bricks and roof
tiles, wall and floor tiles, table and ornamental ware (household
ceramics), sanitary ware, refractory products, vitrified clay pipes,
expanded clay products, inorganic bonded abrasives, and technical
ceramics (e.g., aerospace, automotive, electronic, or biomedical
applications). Most ceramic products are made from one or more
different types of clay (e.g., shales, fire clay, ball clay). The
general process of manufacturing ceramic products consists of raw
material processing (grinding, calcining, and drying), forming, firing,
and final processing (which may include grinding, polishing, surface
coating, annealing, and/or chemical treatment). GHG emissions are
produced during the calcination process in the kiln, dryer, or oven,
and from any combustion source.
    We are proposing that the ceramics source category would apply to
facilities that annually consume at least 2,000 tons of carbonates or
20,000 tons of clay heated to a temperature sufficient to allow the
calcination reaction to occur, and operate a ceramics manufacturing
process unit. We propose to define a ceramics manufacturing process
unit as a kiln, dryer, or oven used to calcine clay or other carbonate-
based materials for the production of a ceramics product. The proposed
definition of ceramics manufacturers as facilities that use at least
the minimum quantity of carbonates or clay (2,000 tons/20,000 tons)
would be consistent with the Miscellaneous Uses of Carbonate source
category (subpart U of part 98). The source category definition
establishes a minimum production level as a means to exclude and thus
reduce the reporting burden for small artisan-level ceramics
manufacturing processes. An example of a facility that may fall under
this scenario is a university with a small ceramics department onsite
for students. The university may be required to report GHGs under
subpart D (Electricity Generation) but would only be required to gather
data and report GHGs under subpart ZZ if the small ceramics department
consumed at least 2,000 tons of carbonates or 20,000 tons of clay, as
ceramic process and combustion emissions from use of 2,000 tons of
carbonate are roughly estimated to be 3,100 mtCO2e.
    Additional background information about GHG emissions from the
ceramics manufacturing source category is available in the Revised
Technical Support Document for Ceramics: Supplemental Proposed Rule For
The Greenhouse Gas Reporting Program, available in the docket for this
rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424).
4. Selection of Proposed Reporting Threshold
    Per the 2018 U.S. Census, approximately 815 corporations reported
their primary NAICS code as one of the two NAICS codes associated with
Clay Product and Refractory Manufacturing, representing an estimated
850 facilities in the ceramics manufacturing industry.\66\
Additionally, there is an unknown number of corporations that operate a
ceramics facility as a secondary or tertiary operation onsite.
---------------------------------------------------------------------------

    \66\ See the Revised Technical Support Document for Ceramics:
Supplemental Proposed Rule For The Greenhouse Gas Reporting Program,
available in the docket for this rulemaking (Docket Id. No. EPA-HQ-
OAR-2019-0424), for additional information.
---------------------------------------------------------------------------

    A large number of small artisan ceramic facilities comprise this
industry--of the 815 corporations noted in the 2018 census, an
estimated 700 corporations representing 86 percent have less than 100
employees corporate-wide and likely low production rates and small GHG
emissions (likely less than 25,000 mtCO2e).
    In developing the ceramics production source category, we
considered including facilities that emit at least 10,000
mtCO2e, 25,000 mtCO2e, or 100,000
mtCO2e. Requiring all facilities to report (no threshold)
was also considered. Table 8 of this preamble illustrates the estimated
process and combustion CO2 emissions, and facilities that
would be covered under each scenario.

                             Table 8--Threshold Analysis for Ceramics Manufacturing
----------------------------------------------------------------------------------------------------------------
                                                         Emissions covered              Facilities covered
          Threshold level (metric tons)          ---------------------------------------------------------------
                                                     mtCO2e/yr        Percent         Number          Percent
----------------------------------------------------------------------------------------------------------------
100,000.........................................               0               0               0               0
25,000..........................................       2,770,000              60              34             4.0
10,000..........................................       2,770,000              60              34             4.0
All-in (no threshold)...........................       4,630,000             100             850             100
----------------------------------------------------------------------------------------------------------------

    As the quantity of emissions covered were estimated to be the same
for the 10,000 mtCO2e and 25,000 mtCO2e
thresholds, between these two options it is reasonable to adopt a
facility definition that would include facilities estimated to emit
25,000 mtCO2e or more. A threshold of 25,000
mtCO2e is also preferable at this time to the ``all-in''
option because it would avoid burden on small facilities with few
employees and lower overall emissions.
    The proposed definition of ceramics manufacturers as facilities
that use at least the minimum quantity of carbonates or clay (2,000
tons/20,000 tons) and the 25,000 mtCO2e threshold are both
expected to ensure that small ceramics manufacturers are excluded. It
is estimated that over 30 facilities would meet the proposed definition
of a ceramics manufacturer and the proposed threshold of 25,000
mtCO2e for reporting. The total combined process and
combustion emissions from this source category are estimated at 2.77
million mtCO2e.
    For a full discussion of this analysis, please refer to the Revised
Technical Support Document for Ceramics: Supplemental Proposed Rule For
The Greenhouse Gas Reporting Program, available in the docket for this
rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424).
5. Selection of Proposed Calculation Methods
    CO2 emissions result from the calcination of carbonates
in the raw material (particularly clay, shale, limestone, dolomite, and
witherite) and the use of limestone or other additives as a flux.
Carbonates are heated to high temperatures in a ceramics process unit
producing oxides and CO2. Additionally, CO2,
CH4, and N2O emissions are produced during
combustion in the ceramics manufacturing process unit and from other
combustion sources on site.
    We reviewed existing methodologies for estimating ceramics
manufacturing

process related GHG emissions including those of the 2006 IPCC
Guidelines for National Greenhouse Inventories,\67\ the European Union,
Canada's Greenhouse Quantification Requirements, the EPA's GHGRP, and
Australia's National Greenhouse and Energy Reporting Amendment.
Additional detail on the calculation methods reviewed are available in
the Revised Technical Support Document for Ceramics: Supplemental
Proposed Rule For The Greenhouse Gas Reporting Program, available in
the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424).
From the review of existing programs, three basic calculation
methodologies were identified.
---------------------------------------------------------------------------

    \67\ IPCC Guidelines for National Greenhouse Gas Inventories,
Volume 3, Industrial Processes and Product Use, Mineral Industry
Emissions. 2006. https://www.ipcc-nggip.iges.or.jp/public/2006gl/pdf/3_Volume3/V3_2_Ch2_Mineral_Industry.pdf.
---------------------------------------------------------------------------

    Option 1. This approach directly measures emissions using a CEMS.
The CEMS would measure CO2 concentration and total exhaust
gas flow rate for the combined process and combustion source emissions.
CO2 mass emissions would be calculated from these measured
values using equation C-6 and, if necessary, equation C-7 in 40 CFR
98.33(a)(4). The combined process and combustion CO2
emissions would be calculated according to the Tier 4 Calculation
Methodology specified in 40 CFR 98.33(a)(4).
    Option 2. The carbon mass balance method, which is based on the
IPCC Tier 3 approach, requires that the carbon content and the mass of
carbonaceous materials input to the process be determined. The facility
would measure the consumption of specific process inputs and the
amounts of these materials consumed by end-use/product type. Carbon
contents of materials would be determined through the analysis of
samples of the material or from information provided by the material
suppliers. Also, the quantities of these materials consumed and
produced during production would be measured and recorded.
CO2 emissions would be estimated by multiplying the carbon
content of each raw material by the corresponding mass, by a carbonate
emission factor, and by the decimal fraction of calcination achieved
for that raw material.
    Option 3. The IPCC Tier 1 approach is a basic mass balance method
that assumes limestone and dolomite are the only carbonates used as
input, and that 85 percent of carbonates consumed are limestone and 15
percent of carbonates consumed are dolomite. This carbonate assumption
reflects pure carbonates, and not carbonate rock or materials such as
clay that contain carbonate-based minerals. For clay or other
carbonate-based raw materials, this approach assumes a default purity
of 10 percent for clay content. Generally, this method is less accurate
as it involves multiplying raw material usage by a default carbonate-
based mineral content. CO2 emissions would be estimated by
multiplying the quantity of clay used by the assumed limestone and
dolomite percentages and their respective carbonate emission factors.
    For option 2 and option 3, facilities would be required to follow
40 CFR part 98, subpart C (General Stationary Fuel Combustion Sources)
to estimate combustion GHG emissions of CO2, CH4,
and N2O from ceramics process units.
    Proposed option. We are proposing two different methods for
quantifying GHG emissions from ceramics manufacturing, depending on
current emissions monitoring at the facility. If a qualified CEMS is in
place, the CEMS must be used. Otherwise, the facility can elect to
either install a CEMS or elect to use the carbon mass balance method.
    CEMS method (Option 1). Facilities with a CEMS that meet the
requirements in 40 CFR part 98, subpart C would be required to use CEMS
to estimate the combined process and combustion CO2
emissions. Facilities would be required to use subpart C to estimate
emissions of CO2, CH4, and N2O from
stationary combustion.
    Carbon balance method (Option 2). For facilities that do not have
CEMS that meet the requirements of 40 CFR part 98, subpart C, the
proposed monitoring method for process emissions is the Option 2 carbon
mass balance method. For any stationary combustion units included at
the facility, facilities would be required to follow 40 CFR part 98,
subpart C to estimate emissions of CO2, CH4, and
N2O from stationary combustion.
    Use of facility specific information under Option 2 is consistent
with IPCC Tier 3 methods and is the preferred method for estimating
emissions for other GHGRP sectors. Any additional burden associated
with material measurement required for the carbon balance would be
small in relation to the increased accuracy expected from using this
site-specific information. Of the two non-CEMS options, we are
proposing Option 2 as it has the lowest uncertainty.
6. Selection of Proposed Monitoring, QA/QC, and Verification
Requirements
    We are proposing two separate monitoring methods: direct
measurement and a mass balance emission calculation.
    Proposed option for direct measurement using CEMS. Industrial
source categories for which the process emissions and/or combustion GHG
emissions are contained within a stack or vent can take direct
measurement of the GHG concentration in the stack gas and the flow rate
of the stack gas using a CEMS. In the case of ceramics manufacturing,
process and combustion GHG emissions from ceramics process units are
typically emitted from the same stack. Under the proposed rule, if
facilities use an existing CEMS to meet the monitoring requirements,
they would be required to use CEMS to estimate CO2
emissions. Where the CEMS capture all combustion- and process-related
CO2 emissions, facilities would be required to follow the
requirements of 40 CFR part 98, subpart C to estimate all
CO2 emissions from the industrial source.
    A CEMS continuously withdraws and analyzes a sample of the stack
gas and continuously measures the GHG concentration and flow rate of
the total exhaust stack gas. The emissions are calculated from the
CO2 concentration and the flow rate of the stack gas. The
proposed CEMS method requires both a continuous CO2
concentration monitor and a continuous volumetric flow monitor. To
qualify as a CEMS, the monitors would be required to be installed,
operated, and calibrated according to subpart C (General Stationary
Fuel Combustion Sources) of part 98 (40 CFR 98.33(a)(4)), which is
consistent with CEMS requirements in other GHGRP subparts.
    Proposed option for mass balance calculation. The proposed carbon
mass balance method requires monitoring of mass quantities of
carbonate-based raw material (e.g., clay) fed to the process,
establishing the mass fraction of carbonate-based minerals in the raw
material, and an emission factor based on the type of carbonate
consumed.
    The mass quantities of carbonate-based raw materials consumed by
each ceramics process unit can be determined using direct weight
measurement of plant instruments or techniques used for accounting
purposes, such as calibrated scales, weigh hoppers, or weigh belt
feeders. The direct weight measurement can then be compared to records
of raw material purchases for the year.
    For the carbon content of the materials used to calculate process
CO2 emissions, we are proposing that the owner or operator
determine the carbon mass fraction either by using information provided
by the raw

material supplier, by collecting and sending representative samples of
each carbonate-based material consumed to an offsite laboratory for a
chemical analysis of the carbonate content (weight fraction), or by
choosing to use the default value of 1.0. The use of 1.0 for the mass
fraction assumes that the carbonate-based raw material comprises 100
percent of one carbonate-based mineral. Suitable chemical analysis
methods include using an x-ray fluorescence standard method. The
proposed rule would require the carbon content be analyzed at least
annually using standard ASTM methods, including their QA/QC procedures.
    The carbonate emission factors provided in proposed Table ZZ-1 to
subpart ZZ of part 98 are based on stoichiometric ratios and represent
the weighted average of the emission factors for each particular
carbonate. These factors were pulled from Table N-1 to subpart N of
part 98, and from Table 2.1 of the 2006 IPCC Guidelines.\68\ Emission
factors provided by the carbonate vendor for other minerals not listed
in Table ZZ-1 may also be used.
---------------------------------------------------------------------------

    \68\ Id.
---------------------------------------------------------------------------

    For the ceramics manufacturing source category, we are proposing
for QA/QC requirements that reporters calibrate all meters or monitors
and maintain documentation of this calibration. These meters or
monitors should be calibrated prior to the first reporting year, using
a suitable method published by a consensus standards organization
(e.g., ASTM, American Society of Mechanical Engineers (ASME), American
Petroleum Institute (API), American Gas Association (AGA), etc.), or as
specified by the meter/monitor manufacturer. These meters or monitors
would be required to be recalibrated either annually or at the minimum
frequency specified by the manufacturer.
    In addition, any flow rate monitors used for direct measurement
would be required to comply with QA procedures for daily calibration
drift checks and quarterly or annual accuracy assessments, such as
those provided in Appendix F to part 60 or similar QA procedures. We
are proposing these requirements to ensure the quality of the reported
GHG emissions and to be consistent with the current requirements for
CEMS measurements within subparts A (General Provisions) and C of the
GHGRP.
    For measurements of carbonate content, reporters would assess
representativeness of the carbonate content received from suppliers
with laboratory analysis.
7. Selection of Proposed Procedures for Estimating Missing Data
    The proposed rule would require the use of substitute data whenever
a quality-assured value of a parameter is used to calculate emission is
unavailable, or ``missing.'' For example, if the CEMS malfunctions
during unit operation, the substitute data value would be the average
of the quality-assured values of the parameter immediately before and
immediately after the missing data period. For missing data on the
amounts of carbonate-based raw materials consumed, we are proposing
reporters must use the best available estimate based on all available
process data or data used for accounting purposes, such as purchase
records. For missing data on the mass fractions of carbonate-based
minerals in the carbonate-based raw materials, reporters would assume
that the mass fraction of each carbonate-based mineral is 1.0. The use
of 1.0 for the mass fraction assumes that the carbonate-based raw
material comprises 100 percent of one carbonate-based mineral. The
likelihood for missing process input or output data is low, as business
closely track their purchase of production inputs. Missing data
procedures would be applicable for CEMS measurements, mass measurements
of raw material, and carbon content measurements.
8. Selection of Proposed Data Reporting Requirements
    We propose that each ceramics manufacturing facility report the
annual CO2 process emissions from each ceramics
manufacturing process, as well as any stationary fuel combustion
emissions. In addition, we propose that additional information that
forms the basis of the emissions estimates also be reported so that we
can understand and verify the reported emissions.
    For ceramic manufacturers, the additional information would
include: the total number of ceramics process units at the facility and
the total number of units operating; annual production of each ceramics
product for each process unit; the annual production capacity of each
ceramics process unit; and the annual quantity of carbonate-based raw
material charged for all ceramics process units combined.
    For ceramic manufacturers with non-CEMS units, the proposed rules
would also require reporting of the following information: the method
used for the determination for each carbon-based mineral in each raw
material; applicable test results used to verify the carbonate-based
mineral mass fraction for each carbonate-based raw material charged to
a ceramics process unit, including the date of test and test methods
used; and the number of times in the reporting year that missing data
procedures were used.
9. Selection of Proposed Records That Must Be Retained
    Maintaining records of information used to determine reported GHG
emissions is necessary to allow the EPA to verify that GHG emissions
monitoring and calculations were done correctly. The proposed rule
would require facilities subject to subpart ZZ to maintain monthly
records of the ceramics production rate for each ceramics process unit,
and the monthly amount of each carbonate-based raw material charged to
each ceramics process unit.
    Additionally, if facilities use the carbon balance procedure, the
proposed rule would require facilities to maintain monthly records of
the carbonate-based mineral mass fraction for each mineral in each
carbonate-based raw material. Facilities would also be required to
maintain (1) records of the supplier-provided mineral mass fractions
for all raw materials consumed annually, (2) results of all analyses
used to verify the mineral mass fraction for each raw material
(including the mass fraction of each sample, the date of test; test
methods and method variations; and equipment calibration data, and
identifying information for the laboratory conducting the test); and
(3) annual operating hours for each unit. If facilities use the CEMS
procedure, they would be required to maintain the CEMS measurement
records.
    Under the proposed rule, the procedures for ensuring accuracy of
measurement methods, including calibration, must be recorded. The
proposed rules would require records of how measurements are made
including measurements of quantities of materials used or produced and
the carbon content of minerals in raw materials.
    The proposed rule would require the retention of a record of the
file generated by the verification software specified in 40 CFR 98.5(b)
including: annual average decimal mass fraction of each carbonate-based
mineral per carbonate-based raw material for each ceramics process unit
(percent by weight expressed as a decimal fraction); annual mass of
each carbonate-based raw material charged to each ceramics process unit
(tons); and the decimal fraction of calcination achieved for each
carbonate-based raw material for each ceramics process unit (percent by
weight expressed as a decimal fraction).

V. Schedule for the Proposed Amendments

    In the 2022 Data Quality Improvements Proposal, the EPA intended
the proposed amendments to take effect starting January 1, 2023. We are
now planning to consider the comments on the 2022 Data Quality
Improvements Proposal and this supplemental proposal, which would delay
the effective date of any final rule. If amendments from either the
2022 Data Quality Improvements Proposal or this supplemental proposal
are finalized, we plan to respond to comments and publish any final
rule(s) regarding both notices during 2024. We are proposing that the
final amendments would become effective on January 1, 2025. Reporters
would implement the changes beginning with reports prepared for RY2025
and submitted March 31, 2026, with one exception explained in this
section below for existing reporters.
    We are proposing this revised schedule because it would provide
additional time for reporters to prepare to comply and simplify
implementation. There are several source categories for which we have
included proposed revisions in both the 2022 Data Quality Improvements
Proposal and in this supplemental notification. We anticipate that it
would be less burdensome for reporters in these source categories to
have the proposed rule amendments go into effect in the same year
instead of having the amendments go into effect separately across two
different reporting years. This proposed revised schedule would also
provide time for affected stakeholders to adapt to new monitoring
requirements and purchase and install any necessary monitoring
equipment. We intend to finalize this proposed rule early-2024 and have
determined that it would be feasible for reporters to implement the
proposed changes for RY2025.
    For existing reporters, the proposed amendments largely update or
clarify calculations, clarify provisions, or amend reporting
requirements, but do not result in changes that require monitoring,
sampling, or calibration of equipment. A number of proposed changes
would amend the reporting requirements for individual sectors to
require information that we anticipate would be readily available to
facilities. For example, we are proposing revisions that would require
facilities to report information regarding annual production capacity
and operation hours (e.g., subpart F (Aluminum Production)), capacity
of emission units (e.g., subpart Y (Petroleum Refineries)) or to
provide information regarding process inputs (e.g., subpart N (Glass
Production)) or process types (e.g., subpart P (Hydrogen Production)).
In these cases, we anticipate that facilities can easily identify and
obtain capacity and process information, and we anticipate that
facilities would have any additional inputs for calculations available
in company records or could easily calculate the required input from
existing process knowledge and engineering estimates, or from available
company records. In other cases, we are proposing to require reporting
of information that facilities have currently maintained as records for
the purposes of part 98 (e.g., we are proposing that facilities submit
CBP entry forms previously retained as records under subparts OO
(Suppliers of Industrial Greenhouse Gases) and QQ (Importers and
Exporters of Fluorinated GHGs Contained in Pre-charged Equipment and
Closed-Cell Foams)), or information that is already maintained in
keeping with existing facility data permits (e.g., hours of operation),
or may be estimated using emission factors or engineering judgment.
Therefore, for these types of changes, reporters would not need a
significant amount of time in advance of the 2025 reporting year to
collect the additional data. Existing reporters that are direct
emitters that would be newly required to report energy consumption
under proposed subpart B (Energy Consumption) would be able to
implement the requirements for RY2025 because facilities would not be
required to immediately install special equipment or conduct routine
monitoring, but rather would be able to rely on billing statements for
purchased energy products that would be readily available to
facilities. For existing reporters subject to subpart HH (Municipal
Solid Waste Landfills), we anticipate that facilities would be able to
implement the proposed revisions to the monitoring and calculation
methodologies for RY2025 because the proposed revisions apply to
facilities that are already subject to landfills NSPS (40 CFR part 60,
subpart WWW or XXX), state plans implementing landfills EG (40 CFR part
60, subparts Cc or Cf), or landfills Federal plans (40 CFR part 62,
subpart GGG or OOO). Facilities are already required to conduct surface
measurement monitoring per the requirements of the NSPS, EG, or Federal
plans, and would only be required to use the existing measurement data
to provide a count of the number of exceedances to adjust the reported
methane emissions to account for these exceedances. The proposed
requirements also require facilities that are not subject to the
landfill NSPS (40 CFR part 60, subpart WWW or XXX), EG (40 CFR part 60,
subparts Cc or Cf), or Federal plans (40 CFR part 62, subpart GGG or
OOO) to either use the proposed lower gas collection efficiency value
or elect to monitor their landfill as specified in this proposal and
use the currently existing gas collection efficiency values. Therefore,
although we are proposing to add surface methane concentration
monitoring methods at 40 CFR 98.344, this monitoring is optional to
facilities that are not subject to the NSPS, EG, or Federal plans. As
such, we anticipate that landfills would be able to incorporate these
changes for their RY2025 reports with minimal changes to their existing
monitoring and operations.
    Some facilities that are not currently subject to the GHGRP would
be brought into the program by proposed revisions that change what
facilities must report under the rule. For example, we are proposing to
revise subpart P (Hydrogen Production) to include non-merchant
(captive) hydrogen production plants, as outlined in section III.G of
this preamble, and proposing to collect data in several new source
categories, including subparts WW (Coke Calciners), XX (Calcium Carbide
Production), YY (Caprolactam, Glyoxal, and Glyoxylic Acid Production),
and ZZ (Ceramics Production), as outlined in section IV of this
preamble. The facilities affected by these proposed amendments would
need to start implementing requirements, including any required
monitoring and recordkeeping, on January 1, 2025, and prepare reports
for RY2025 that must be submitted by March 31, 2026. Because we plan to
promulgate any final rule(s) by early-2024, new reporters under these
subparts should have sufficient time to implement the amendments,
including installation or calibration of any necessary equipment, and
be ready to collect data for reporting starting on January 1, 2025. We
anticipate that new reporters that have not previously reported under
part 98 would have over six months to comply with the monitoring
methods for new emission sources in subparts P, WW, XX, YY, and ZZ,
which would allow time for facilities to install necessary monitoring
equipment and set up internal recordkeeping and reporting systems.\69\
---------------------------------------------------------------------------

    \69\ Existing reporters with coke calciners located at petroleum
refineries that currently report under subpart Y would continue to
report under subpart Y for RY2024, and would begin reporting under
subpart WW with their RY2025 reports. The monitoring, calculation,
reporting, and recordkeeping requirements for coke calciners under
subpart WW do not substantially differ from the existing
requirements for these units under subpart Y.

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

    Some facilities that have not previously reported to the GHGRP may
also become subject to the rule due to the proposed revisions to GWPs
in Table A-1 to subpart A of part 98.\70\ Reporters that become subject
to a new subpart of part 98 due to the proposed revisions to Table A-1
to subpart A, per the existing requirements at 40 CFR 98.3(k), would
not be required to submit an annual GHG report until the following
reporting year. Therefore, these new reporters would also implement
changes and begin monitoring and recordkeeping on January 1, 2025.
---------------------------------------------------------------------------

    \70\ Part 98 requires direct emitters and suppliers of GHGs to
use the GWP values in Table A-1 to subpart A to calculate emissions
(or supply) of GHGs in CO2e. These values are used to
determine whether the facility meets a CO2e-based
threshold and is required to report under part 98, as well as to
calculate total facility emissions for the annual report. A change
to the GWP for a GHG will change the calculated emissions (in
CO2e) of that gas. Therefore, the proposed amendments
could affect the number of facilities required to report under part
98.
---------------------------------------------------------------------------

    Per the existing regulations at 40 CFR 98.3(k), there is one
exception to this proposed schedule. Specifically, in keeping with 40
CFR 98.3(k), the GWP amendments to Table A-1 to subpart A would apply
to reports submitted by current reporters that are submitted in
calendar year 2025 and subsequent years, i.e., starting with reports
submitted for RY2024 on March 31, 2025. The revisions to GWPs do not
affect the data collection, monitoring, or calculation methodologies
used by these existing reporters. The EPA's e-GGRT generally
automatically applies GWPs to a facility's emissions as reported in
metric tons. Therefore, existing facilities would not have to conduct
any additional activities for the reports submitted for RY2024.
    Finally, although we previously stated in the 2022 Data Quality
Improvements Proposal that facilities that would report under proposed
subpart VV (Geologic Sequestration of Carbon Dioxide With Enhanced Oil
Recovery Using ISO 27916) would implement the requirements beginning in
RY2023, we are now proposing that these reporters would begin to
implement the proposed changes and begin reporting under subpart VV
starting in RY2025. As we stated in the 2022 Data Quality Improvements
Proposal, these facilities already report under part 98 and are likely
to follow the calculation requirements and data gathering prescribed
under CSA/ANSI ISO 27916:2019 to quantify storage for the Internal
Revenue Code (IRC) section 45Q tax credit.\71\ The facilities that are
likely to be subject to subpart VV are thus not anticipated to be new
reporters and would not perform any additional calculation, monitoring,
or quality assurance procedures under the proposed requirements;
therefore, the information submitted to the GHGRP would be obtained and
provided from readily available data and could be implemented beginning
January 1, 2025. We request comment on the proposed schedule for
existing and new reporters and the feasibility of implementing these
requirements for the proposed schedule.
---------------------------------------------------------------------------

    \71\ See 26 CFR 1.45Q-0 through 26 CFR 1.45Q-5.
---------------------------------------------------------------------------

VI. Proposed Confidentiality Determinations for Certain Data Elements

A. Overview and Background

    Part 98 requires reporting of numerous data elements to
characterize, quantify, and verify GHG emissions and related
information. Following proposal of part 98 (74 FR 16448, April 10,
2009), the EPA received comments addressing the issue of whether
certain data could be entitled to confidential treatment. In response
to these comments, the EPA stated in the preamble to the 2009 Final
Rule (74 FR 56387, October 30, 2009) that through a notice and comment
process, we would establish those data elements that are entitled to
confidential treatment. This proposal is one of a series of rules
dealing with confidentiality determinations for data reported under
part 98. For more information on previous confidentiality
determinations for part 98 data elements, see the following documents:
     75 FR 39094, July 7, 2010. Describes the data categories
and category-based determinations the EPA developed for the part 98
data elements.
     76 FR 30782, May 26, 2011; hereafter referred to as the
``2011 Final CBI Rule.'' Assigned data elements to data categories and
published the final CBI determinations for the data elements in 34 part
98 subparts, except for those data elements that were assigned to the
``Inputs to Emission Equations'' data category.
     77 FR 48072, August 13, 2012. Finalized confidentiality
determinations for data elements reported under nine subparts, except
for those data elements that are ``inputs to emission equations.'' Also
finalized confidentiality determinations for new data elements added to
subparts II (Industrial Wastewater Treatment) and TT (Industrial Waste
Landfills) in the November 29, 2011 Technical Corrections document (76
FR 73886).
     78 FR 68162; November 13, 2013. Finalized confidentiality
determinations for new data elements added to subpart I (Electronics
Manufacturing).
     78 FR 69337, November 29, 2013. Finalized determinations
for new and revised data elements in 15 subparts, except for those data
elements assigned to the ``Inputs to Emission Equations'' data
category.
     79 FR 63750, October 24, 2014. Revised recordkeeping and
reporting requirements for ``inputs to emission equations'' for 23
subparts and finalized confidentiality determinations for new data
elements in 11 subparts.
     79 FR 70352, November 25, 2014. Finalized confidentiality
determinations for new and substantially revised data elements in
subpart W (Petroleum and Natural Gas Systems).
     79 FR 73750, December 11, 2014. Finalized confidentiality
determinations for certain reporting requirements in subpart L
(Fluorinated GHG Production).
     80 FR 64262, October 22, 2015. Finalized confidentiality
determinations for new data elements in subpart W.
     81 FR 86490, November 30, 2016. Finalized confidentiality
determinations for new or substantially revised data elements in
subpart W.
     81 FR 89188, December 9, 2016. Finalized confidentiality
determinations for new or substantially revised data elements in 18
subparts and for certain existing data elements in four subparts.
    In the 2022 Data Quality Improvements Proposal, the EPA proposed
confidentiality determinations for certain data elements in 26
subparts, including data elements newly added or substantially revised
in the proposed amendments and existing data elements where the EPA had
previously not established a determination or was proposing to revise
or clarify a determination based on new information. In this
supplemental proposal, the EPA is proposing additional amendments to
part 98 that would complement, expand on, or refine the amendments
proposed in the 2022 Data Quality Improvements Proposal or that would
further enhance the quality of part 98 and implementation of the GHGRP.
To support the proposed amendments described in sections III and IV of
this preamble, we are also proposing confidentiality determinations or
``emission data'' designations for the following:

     New or substantially revised reporting requirements (i.e.,
the proposed change requires additional or different data to be
reported); and
     Existing reporting requirements for which the EPA did not
previously finalize a confidentiality determination or ``emission
data'' designation.
    Further, we propose to designate certain new or substantially
revised data elements as ``inputs to emission equations.'' For each
element that we propose would fall in this category, we further propose
whether the data element would be directly reported to the EPA or
whether it would be entered into IVT (see section VI.C of this preamble
for a discussion of ``inputs to emission equations'').
    Table 9 of this preamble provides the number of affected data
elements and the affected subparts for each of these proposed actions.
The majority of the determinations would apply at the same time as the
proposed schedule described in section V of this preamble. In the cases
where the EPA is proposing a determination for an existing data element
where one was not previously made, the proposed determinations would be
effective on January 1, 2025, and would apply to annual reports
submitted for RY2025, as well as all prior years that the data were
collected.

  Table 9--Summary of Proposed Actions Related to Data Confidentiality
------------------------------------------------------------------------
  Proposed actions related to data   Number of data
          confidentiality             elements \a\         Subparts
------------------------------------------------------------------------
New or substantially revised                    153  A, B, C, F, G, N,
 reporting requirements for which                     P, Y, HH, OO, PP,
 the EPA is proposing a                               QQ, WW, XX, YY,
 confidentiality determination or                     ZZ.
 ``emission data'' designation.
Existing reporting requirements for               1  A.
 which the EPA is proposing a
 confidentiality determination or
 ``emission data'' designation
 because the EPA did not previously
 make a confidentiality
 determination or ``emission data''
 designation.
New or substantially revised                     32  P, HH, WW, XX, YY,
 reporting requirements that the                      ZZ.
 EPA is proposing be designated as
 ``inputs to emission equations''
 and for which the EPA is proposing
 reporting determinations.
------------------------------------------------------------------------
\a\ These data elements are individually listed in the memoranda: (1)
  Proposed Confidentiality Determinations and Emission Data Designations
  for Data Elements in Proposed Supplemental Revisions to the Greenhouse
  Gas Reporting Rule and (2) Proposed Reporting Determinations for Data
  Elements Assigned to the Inputs to Emission Equations Data Category in
  Proposed Supplemental Revisions to the Greenhouse Gas Reporting Rule,
  available in the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-
  2019-0424).

B. Proposed Confidentiality Determinations and Emissions Data
Designations

1. Proposed Approach
    The EPA is proposing to assess the data elements in this
supplemental proposed rule in the same manner as the 2022 Data Quality
Improvements Proposal. In that proposal, the EPA described a revised
approach to assessing data in response to Food Marketing Institute v.
Argus Leader Media, 139 S. Ct. 2356 (2019) (hereafter referred to as
Argus Leader).\72\
---------------------------------------------------------------------------

    \72\ Available in the docket for this rulemaking (Docket Id. No.
EPA-HQ-OAR-2019-0424).
---------------------------------------------------------------------------

    First, we proposed that the Argus Leader decision does not affect
our approach to designating data elements as ``inputs to emission
equations'' or our previous approach for designating new and revised
reporting requirements as ``emission data.'' We proposed to continue
identifying new and revised reporting elements that qualify as
``emission data'' (i.e., data necessary to determine the identity,
amount, frequency, or concentration of the emission emitted by the
reporting facilities) by evaluating the data for assignment to one of
the four data categories designated by the 2011 Final CBI Rule to meet
the CAA definition of ``emission data'' in 40 CFR 2.301(a)(2)(i) \73\
(hereafter referred to as ``emission data categories''). Refer to
section II.B of the July 7, 2010 proposal for descriptions of each of
these data categories and the EPA's rationale for designating each data
category as ``emission data.'' For data elements designated as ``inputs
to emission equations,'' the EPA maintained the two subcategories, data
elements entered into e-GGRT's Inputs Verification Tool (IVT) and those
directly reported to the EPA. Refer to section VI.C of the preamble of
the 2022 Data Quality Improvements Proposal for further discussion of
``inputs to emission equations.''
---------------------------------------------------------------------------

    \73\ See section I.C of the July 7, 2010 proposal (75 FR 39100)
for a discussion of the definition of ``emission data.'' As
discussed therein, the relevant paragraphs (to the GHGRP) of the CAA
definition of ``emission data'' include 40 CFR 2.301(a)(2)(i)(A) and
(C), as follows: (A) ``Information necessary to determine the
identity, amount, frequency, concentration, or other characteristics
(to the extent related to air quality) of any emission which has
been emitted by the source (or of any pollutant resulting from any
emission by the source), or any combination of the foregoing;'' and
(C) ``A general description of the location and/or nature of the
source to the extent necessary to identify the source and to
distinguish it from other sources (including, to the extent
necessary for such purposes, a description of the device,
installation, or operation constituting the source).''
---------------------------------------------------------------------------

    Then in the 2022 Data Quality Improvements Proposal, for new or
revised data elements that the EPA did not propose to designate as
``emission data'' or ``inputs to emission equations,'' the EPA proposed
a revised approach for assessing data confidentiality. We proposed to
assess each individual reporting element according to the new Argus
Leader standard. So, we evaluated each data element individually to
determine whether the information is customarily and actually treated
as private by the reporter and proposed a confidentiality determination
based on that evaluation.
2. Proposed Confidentiality Determinations and ``Emission Data''
Designations
    In this section, we discuss the proposed confidentiality
determinations and ``emission data'' designations for 153 new or
substantially revised data elements. We also discuss one existing data
element (i.e., not proposed to be substantially revised) for which for
no determination has been previously established.
a. Proposed Confidentiality Determinations and ``Emission Data''
Designations for New or Substantially Revised Data Reporting Elements
    For the 153 new and substantially revised data elements, the EPA is
proposing ``emission data'' designations for 38 data elements and
confidentiality determinations for 115 data elements. The EPA is
proposing to designate 38 new or substantially revised data

elements as ``emission data'' by assigning the data elements to four
emission data categories (established in the 2011 Final CBI Rule as
discussed in section VI.B.1 of this preamble), as follows:
     16 data elements that are proposed to be reported under
subparts C, P, WW, XX, YY, and ZZ are proposed to be assigned to the
``Emissions'' emission data category;
     10 data elements that are proposed to be reported under
subparts P, HH, WW, XX, and YY are proposed to be assigned to the
``Facility and Unit Identifier Information'' emission data category;
     Four data elements that are proposed to be reported under
subparts P, HH, WW, and XX are proposed to be assigned to the
``Calculation Methodology and Methodological Tier'' emission data
category; and
     Eight data elements that are proposed to be reported under
subparts N, XX, YY, and ZZ are proposed to be assigned to the ``Data
Elements Reported for Periods of Missing Data that are Not Inputs to
Emission Equations'' emission category.
    Refer to Table 1 in the memorandum, Proposed Confidentiality
Determinations and Emission Data Designations for Data Elements in
Proposed Supplemental Revisions to the Greenhouse Gas Reporting Rule,
available in the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-
2019-0424), for a list of these 38 data elements proposed to be
designated as ``emission data,'' the proposed emission data category
assignment for each data element, and the EPA's rationale for each
proposed ``emission data'' category assignment.
    The remaining 115 new and substantially revised data elements not
proposed to be designated as ``emission data,'' or ``inputs to emission
equations,'' are proposed to be reported under subparts A, B, C, F, G,
N, P, Y, HH, OO, PP, QQ, WW, XX, YY, and ZZ. This proposal assesses
each individual reporting element according to the Argus Leader
criteria as discussed in section VI.B.1 of this preamble. Refer to
Table 2 in the memorandum, Proposed Confidentiality Determinations and
Emission Data Designations for Data Elements in Proposed Revisions to
the Greenhouse Gas Reporting Rule, to see a list of these 115 specific
data elements, the proposed confidentiality determination for each data
element, and the EPA's rationale for each proposed confidentiality
determination. These determinations show the data elements that the EPA
would hold as confidential and those that the EPA would publish.
b. Proposed Confidentiality Determinations for Existing Part 98 Data
Elements for Which No Determination Has Been Previously Established
    We are proposing to make a confidentiality determination for one
existing data element in subpart A for which no confidentiality
determination has been previously established under part 98. Review of
previous rules revealed one instance where a confidentiality
determination had been made for a previous version of a data element,
but not for the current version of that data element. This data element
(40 CFR 98.3(c)(5)(i)) is the total quantity of GHG aggregated for all
GHG from all applicable supply categories in Table A-5 (in
mtCO2e). When part 98 was first promulgated, 40 CFR
98.3(c)(5)(i) referred explicitly to individual supplier categories
rather than to Table A-5. Consequently, when a confidentiality
determination for 40 CFR 98.3(c)(5)(i) was finalized in the May 26,
2011 final rule (76 FR 30782), the determination referred explicitly to
the supply categories that existed when the confidentiality
determination was proposed in July 2010, which included subparts LL
through PP. On December 1, 2010, the EPA finalized subpart QQ and added
it to Table A-5, but the EPA never updated the confidentiality
determination for 40 CFR 98.3(c)(5)(i) to clearly include importers and
exporters reporting under subpart QQ. To update the determination for
this data element, the EPA is now proposing to extend the existing
determination to include suppliers under QQ. In particular, the EPA is
proposing that this data element would not be eligible for confidential
treatment except in cases where a single product is supplied, and the
amount of that single product supplied has been determined to be
eligible for confidential treatment. Refer to Table 3 in the
memorandum, Proposed Confidentiality Determinations and Emission Data
Designations for Data Elements in Proposed Supplemental Revisions to
the Greenhouse Gas Reporting Rule, available in the docket for this
rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424), for details of the
data element receiving a determination, the proposed confidentiality
determination, and the Agency's rationale for the proposed
determinations.

C. Proposed Reporting Determinations for Inputs to Emission Equations

    In this section, we discuss data elements that EPA proposes to
assign to the ``Inputs to Emission Equations'' data category. This data
category includes data elements that are the inputs to the emission
equations used by sources that directly emit GHGs to calculate their
annual GHG emissions.\74\ As discussed in section VI.B.1 of the 2022
Data Quality Improvements Proposal, the EPA determined that the Argus
Leader decision does not affect our approach for handling of data
elements assigned to the ``Inputs to Emission Equations'' data
category.
---------------------------------------------------------------------------

    \74\ For facilities that directly emit GHGs, part 98 includes
equations that facilities use to calculate emission values. The
``Inputs to Emission Equations'' data category includes the data
elements that facilities would be required to enter in the equations
to calculate the facility emissions values, e.g., monthly
consumption or production data or measured values from required
monitoring, such as carbon content. See 75 FR 39094, July 7, 2010
for a full description of the ``Inputs to Emission Equations'' data
category.
---------------------------------------------------------------------------

    The EPA organizes data assigned to the ``Inputs to Emission
Equations'' data category into two subcategories. The first subcategory
includes ``inputs to emission equations'' that must be directly
reported to the EPA. This is done in circumstances where the EPA has
determined that the data elements do not meet the criteria necessary
for them to be entered into the IVT system. These ``inputs to emission
equations,'' once received by the EPA, are not held as confidential.
The second subcategory includes ``inputs to emission equations'' that
are entered into IVT. These ``inputs to emission equations'' are
entered into IVT to satisfy the EPA's verification requirements. These
data must be maintained as verification software records by the
submitter, but the data are not included in the annual report that is
submitted to the EPA. This is done in circumstances where the EPA has
determined that the data elements meet the criteria necessary for them
to be entered into the IVT system. Refer to the memorandum, Proposed
Reporting Determinations for Data Elements Assigned to the Inputs to
Emission Equations Data Category in Proposed Supplemental Revisions to
the Greenhouse Gas Reporting Rule, available in the docket for this
rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424), for a discussion of
the criteria that we established in 2011 for evaluating whether data
assigned to the ``Inputs to Emission Equations'' data category should
be entered into the IVT system.
    We are proposing to assign 32 new or substantially revised data
elements in subparts HH, WW, XX, YY, and ZZ to the ``Inputs to Emission
Equations'' data category. We evaluated each of the 32 proposed new or
substantially revised

data elements assigned to the ``Inputs to Emission Equations'' data
category and determined that 13 of these 32 data elements do not meet
the criteria necessary for them to be entered into the IVT system;
therefore, we propose that these 13 data elements be directly reported
to the EPA. As ``inputs to emission equations'' are emissions data,
these 13 data elements would not be eligible for confidential treatment
once directly reported to the EPA, and they would be published once
received by the EPA. Refer to Table 1 in the memorandum, Proposed
Reporting Determinations for Data Elements Assigned to the Inputs to
Emission Equations Data Category in Proposed Supplemental Revisions to
the Greenhouse Gas Reporting Rule, available in the docket for this
rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424), for a list of these
13 data elements proposed to be designated as ``inputs to emission
equations'' that would be directly reported to the EPA and the EPA's
rationale for the proposed reporting determinations.
    For the remaining 19 proposed new data elements in subparts WW, XX,
YY, and ZZ of the 32 data elements assigned to the ``Inputs to Emission
Equations'' data category and evaluated based on the criteria discussed
earlier in this section VI.C, we determined that all 19 data elements
meet the criteria necessary for them to be entered into the IVT system.
These 19 data elements include information such as quantities of
materials produced and quantities of raw materials consumed. As
documented in previous rules (refer to the list of rules specified in
section VI.A of this preamble), the EPA has generally determined that
these types of data meet the criteria necessary for them to be entered
into the IVT system (except in cases where the information is already
publicly available). Therefore, these 19 data elements in subparts WW,
XX, YY, and ZZ are not proposed to be directly reported to the EPA
(i.e., the EPA is not proposing to include these data elements as
reporting requirements), but instead these 19 data elements would be
entered into the IVT and maintained as verification software records by
the submitter. A list of these data elements is included in Table 2 of
the memorandum, Proposed Reporting Determinations for Data Elements
Assigned to the Inputs to Emission Equations Data Category in Proposed
Supplemental Revisions to the Greenhouse Gas Reporting Rule, available
in the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2019-
0424). Refer to section IV of this preamble for discussion of all
proposed recordkeeping requirements of subparts WW, XX, YY, and ZZ.

D. Request for Comments on Proposed Category Assignments,
Confidentiality Determinations, or Reporting Determinations

    By proposing confidentiality determinations prior to data reporting
through this proposal and rulemaking process, we are providing
potential reporters an opportunity to submit comments, particularly
comments identifying data elements proposed by the Agency to be ``not
CBI'' that reporters consider to be customarily and actually treated as
private. Likewise, we provide potential reporters an opportunity to
submit comments on whether there are disclosure concerns for data
elements proposed to be categorized as ``inputs to emission equations''
that we propose would be directly reported to the EPA via annual
reports and subsequently released by the EPA. This opportunity to
submit comments is intended to provide reporters with the opportunity
that is afforded to reporters when the EPA considers claims for
confidential treatment of information in case-by-case confidentiality
determinations under 40 CFR part 2. In addition, the comment period
provides an opportunity to respond to the EPA's proposed determinations
with more information for the Agency to consider prior to finalization.
We will evaluate the comments on our proposed determinations, including
claims of confidentiality and information substantiating such claims,
before finalizing the confidentiality determinations. Please note that
this will be reporters' only opportunity to substantiate a
confidentiality claim for data elements included in this proposed rule
where a confidentiality determination or reporting determination is
being proposed. Upon finalizing the confidentiality determinations and
reporting determinations of the data elements identified in this
proposed rule, the EPA will release or withhold these data in
accordance with 40 CFR 2.301(d), which contains special provisions
governing the treatment of part 98 data for which confidentiality
determinations have been made through rulemaking pursuant to CAA
sections 114 and 307(d).
    If members of the public have reason to believe any data elements
in this proposed rule that are proposed to be treated as confidential
are not customarily and actually treated as private by reporters,
please provide comment explaining why the Agency should not provide an
assurance of confidential treatment for data. Likewise, if members of
the public have reason to disagree with the EPA's proposal that
``inputs to emission equations'' qualify to be entered into IVT and
retained as verification software records instead of being directly
reported to the EPA, please provide comment explaining why the ``inputs
to emission equations'' do not qualify to be entered into IVT, should
be directly reported to the EPA, and subsequently released by the EPA.
    When submitting comments regarding the confidentiality
determinations or reporting determinations we are proposing in this
action, please identify each individual proposed new, revised, or
existing data element you consider to be confidential or do not
consider to be ``emission data'' in your comments. If the data element
has been designated as ``emission data,'' please explain why you do not
believe the information should be considered ``emission data'' as
defined in 40 CFR 2.301(a)(2)(i). If the data has not been designated
as ``emission data'' and is proposed to be not entitled to confidential
treatment, please explain specifically how the data element is
commercial or financial information that is both customarily and
actually treated as private. Particularly describe the measures
currently taken to keep the data confidential and how that information
has been customarily treated by your company and/or business sector in
the past. This explanation is based on the requirements for
confidential treatment set forth in Argus Leader. If the data element
has been designated as an ``input to an emission equation'' (i.e., not
entitled to confidential treatment) and proposed to be directly
reported to the EPA via annual reports and subsequently released by the
EPA, please explain specifically why there are disclosure concerns.
Likewise, if the data element has been designated as an ``input to an
emission equation'' that we propose would not be directly reported to
the EPA, but instead entered into IVT and retained as verification
software records, please explain specifically why there are not
disclosure concerns.
    Please also discuss how this data element may be different from or
similar to data that are already publicly available, including data
already collected and published annually by the GHGRP, as applicable.
Please submit information identifying any publicly available sources of
information containing the specific data elements in question. Data
that are already available through other sources would likely be

found not to qualify for confidential treatment. In your comments,
please identify the manner and location in which each specific data
element you identify is publicly available, including a citation. If
the data are physically published, such as in a book, industry trade
publication, or Federal agency publication, provide the title, volume
number (if applicable), author(s), publisher, publication date, and
International Standard Book Number (ISBN) or other identifier. For data
published on a website, provide the address of the website, the date
you last visited the website and identify the website publisher and
content author. Please avoid conclusory and unsubstantiated statements,
or general assertions regarding the confidential nature of the
information.
    Finally, we are not proposing new confidentiality determinations
and reporting determinations for data reporting elements proposed to be
unchanged or minimally revised because the final confidentiality
determinations and reporting determinations that the EPA made in
previous rules for these unchanged or minimally revised data elements
are unaffected by this proposed amendment and will continue to apply.
The minimally revised data elements are those where we are proposing
revisions that would not require additional or different data to be
reported. For example, under subpart P (Hydrogen Production), we are
proposing to revise the data element at 40 CFR 98.166(b)(3)(i) ``annual
quantity of hydrogen produced (metric tons)'' to read ``annual quantity
of hydrogen produced by reforming, gasification, oxidation, reaction,
or other transformation of feedstock (metric tons)'' to clarify the
reporting requirement by harmonizing the data element description with
the definition of the source category in 40 CFR 98.160(b). This
proposed change would not affect the data collected, and therefore we
are not proposing a new or revised confidentiality determination.
However, we are soliciting comment on any cases where a minor revision
would affect the previous confidentiality determination or reporting
determination. In your comments, please identify the specific data
element, including name and citation, and explain why the minor
revision would affect the previous confidentiality determination or
reporting determination.

VII. Impacts of the Proposed Amendments

    The EPA is proposing amendments to part 98 where we have identified
revisions that would complement, expand on, or refine the amendments
proposed in the 2022 Data Quality Improvements Proposal as well as
additional amendments that we have determined would further enhance the
quality of part 98. The proposed revisions include revisions to the
global warming potentials in Table A-1 to subpart A of part 98,
revisions to establish requirements for new source categories and
expanding reporting for new emission sources for specific sectors,
updates to existing emissions estimation methodologies, and revisions
to collect data that would improve the EPA's understanding of the
sector-specific processes or other factors that influence GHG emission
rates, verification of collected data, or to complement or inform other
EPA programs under the CAA. We anticipate that the proposed revisions
would result in an overall increase in burden to reporters.
    The primary costs associated with the rule include initial labor
and non-labor costs for reporters that are newly subject to part 98 to
come into compliance with the rule. The proposed revisions to Table A-1
to subpart A to part 98 are estimated to result in a change to the
number of reporters under subparts V, W, DD, HH, II, OO, and TT (i.e.,
where a change to GWPs would affect reporters that are currently at or
close to the 25,000 mtCO2e threshold, or that would affect a
reporter's ability to off-ramp from part 98 reporting as determined
under 40 CFR 98.2(i)). Additional revisions to the applicability of
subparts P, Y, and the proposed addition of new source categories for
energy consumption; coke calcining; calcium carbide; caprolactam,
glyoxal, and glyoxylic acid production; and ceramics manufacturing are
also anticipated to change the number of reporters reporting under
current subparts of part 98 or that are newly subject to reporting
under part 98. We also estimated costs where we are proposing to add or
revise monitoring and calculation methods that would require additional
data to be collected or estimated, and where reporters would be
required to submit additional data that we anticipate could be obtained
from existing company records or are readily available or estimated
from other data currently gathered under part 98. Where we included
proposed revisions for a source category in both the 2022 Data Quality
Improvements Proposal and in this supplemental notification, the costs
for this supplemental proposal were adjusted to account for revisions
from the 2022 Data Quality Improvements Proposal.
    As discussed in section V of this preamble, we are proposing to
implement these changes for existing and new reporters on January 1,
2025, to apply to RY2025 reports.\75\ Costs have been estimated over
the three years following the year of implementation. The incremental
implementation labor costs for all subparts include $11,748,619 in
RY2025, and $7,644,140 in each subsequent year (RY2026 and RY2027). The
incremental implementation labor costs over the next three years
(RY2025 through RY2027) total $27,076,898. There is an additional
incremental burden of $3,223,041 for capital and operation and
maintenance (O&M) costs in RY2025 and $3,225,282 in each subsequent
year (RY2026 and RY2027), which reflects changes to applicability and
monitoring for subparts P, W, V, Y, DD, HH, II, OO, and TT and new
subparts B, WW, XX, YY, and ZZ. The incremental non-labor costs for
RY2025 through RY2027 total $9,673,605.
---------------------------------------------------------------------------

    \75\ As discussed in section V of this preamble, for existing
reporters, per the current regulations at 40 CFR 98.3(k), the
proposed amendments to the GWPs in Table A-1 to subpart A would
apply to reports submitted for RY2024 on March 31, 2025. However,
there are no costs associated with implementing GWPs for RY2024
reports because the proposed revisions would not affect the data
collection, monitoring, or calculation methodologies used by
existing reporters.
---------------------------------------------------------------------------

    The incremental burden for the proposed supplemental revisions is
summarized by subpart for initial and subsequent years in Table 10 of
this preamble. Note that subparts I, RR, UU, and VV include proposed
revisions that are clarifications that would not result in any changes
to burden (beyond those previously estimated in the 2022 Data Quality
Improvements Proposal) and are not included in Table 10.

                                 Table 10--Annual Incremental Burden by Subpart
                                                     [$2021]
----------------------------------------------------------------------------------------------------------------
                                                                            Labor costs
                                                     Number of   --------------------------------   Capital and
                     Subpart                         affected      Initial year     Subsequent          O&M
                                                    facilities        RY2025      year RY2026-27
----------------------------------------------------------------------------------------------------------------
A--General Provisions \a\.......................           7,840         $64,133         $64,133              $-
B--Energy Consumption \a\.......................           7,840       8,771,243       4,700,877         489,050
C--General Stationary Fuel Combustion Sources...             346           9,906           9,906  ..............
F--Aluminum Production..........................               7              57              57  ..............
G--Ammonia Manufacturing........................              29             119             119  ..............
N--Glass Production.............................             100           1,227           1,227  ..............
P--Hydrogen Production \b\......................             118           7,179           7,179           4,481
V--Nitric Acid Production c d...................               1         (2,680)         (2,680)        (11,085)
W--Petroleum and Natural Gas Systems \e\........             188       2,620,418       2,620,418       2,717,864
Y--Petroleum Refineries b f.....................               6         (6,881)         (6,881)         (3,930)
AA--Pulp and Paper Manufacturing................               1             104             104  ..............
DD--Electrical Transmission \c\.................               2           6,200           6,200           3,119
HH--Municipal Solid Waste Landfills.............           1,126         130,188         127,330             374
II--Industrial Wastewater Treatment \c\.........               2           5,288           4,713           3,077
OO--Suppliers of Industrial Greenhouse Gases....             105           6,680           6,680              62
PP--Suppliers of Carbon Dioxide.................              11             135             135  ..............
QQ--Importers and Exporters of Fluorinated                    33             384             384  ..............
 Greenhouse Gases Contained in Pre-Charged
 Equipment or Closed-Cell Foams.................
TT--Industrial Waste Landfills \c\..............               1           4,853           3,934              62
WW--Coke Calciners \b\..........................              15          37,847          34,525          19,649
XX--Calcium Carbide \b\ Production..............               1           2,849           2,627              62
YY--Caprolactam, Glyoxal, and Glyoxylic Acid                   6          12,285          11,089             374
 Production \b\.................................
ZZ--Ceramics Production \b\.....................              34          77,083          72,062           2,121
                                                 ---------------------------------------------------------------
    Total.......................................  ..............      11,748,619       7,664,140       3,225,282
----------------------------------------------------------------------------------------------------------------
\a\ Applies to existing direct emitters under subpart B and new reporters anticipated under subparts W, DD, HH,
  II, OO, TT, WW, XX, YY, and ZZ.
\b\ Applies to reporters that may currently report under existing subparts of part 98 and that are newly subject
  to reporting under part 98.
\c\ Applies to reporters estimated to be affected due to revisions to Table A-1 to subpart A only.
\d\ Reflects changes to the number of reporters able to off-ramp from reporting under the part 98 source
  category.
\e\ For Subpart W, the revisions to Table A-1 included in this supplemental proposal and the revisions included
  in the 2022 Data Quality Improvements Proposal would increase the number of facilities subject to the
  requirements of the GHGRP. Some facilities would become subject to the requirements of the GHGRP due to either
  of these proposed changes. The EPA anticipates issuing a separate proposed rulemaking to implement certain
  provisions of the Methane Emissions and Waste Reduction Incentive Program that would propose further revisions
  to the requirements of Subpart W and which could also change the number of facilities subject to this
  subpart.\76\ The estimate included here for Subpart W in this supplemental proposal conservatively includes
  all facilities that would become subject to the GHGRP due to the proposed changes to Table A-1 included in
  this supplemental proposal compared to the existing requirements of the GHGRP and does not consider revisions
  proposed under the 2022 Data Quality Improvement Proposal.
\f\ Reflects changes to the number of reporters with coke calciners reporting under subpart Y that would be
  required to report under proposed subpart WW.

    Additional information regarding the costs impacts of the proposed
amendments may be found in the memorandum, Assessment of Burden Impacts
for Proposed Supplemental Notice of Revisions for the Greenhouse Gas
Reporting Rule, available in the docket for this rulemaking (Docket Id.
No. EPA-HQ-OAR-2019-0424).
---------------------------------------------------------------------------

    \76\ See the entry for RIN 060-AV83 in the Fall 2022 Regulatory
Agenda at: https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202210&RIN=2060-AV83.
---------------------------------------------------------------------------

VIII. 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 a significant regulatory action that was submitted
to OMB for review. Any changes made in response to reviewer
recommendations have been documented in the docket for this rulemaking
(Docket Id. No. EPA-HQ-OAR-2019-0424).

B. Paperwork Reduction Act (PRA)

    The information collection requirements in this supplemental
proposal have been submitted for approval to OMB under the PRA. The
Information Collection Request (ICR) document that the EPA prepared for
this supplemental proposal has been assigned OMB No. 2060-NEW (EPA ICR
number 2773.01). You can find a copy of the ICR in the docket for this
rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424), and it is briefly
summarized here.
    The EPA has estimated that the supplemental proposal would result
in an increase in burden. The burden associated with the proposed rule
is primarily due to revisions to applicability, including revisions to
the global warming potentials in Table A-1 to subpart A of part 98 that
would change the number of reporters currently at or near the 25,000
mtCO2e threshold; revisions to establish requirements for
new source categories for energy consumption, coke calcining, calcium
carbide, caprolactam, glyoxal, and glyoxylic acid production, and
ceramics manufacturing; and revisions to expand reporting to include
new emission sources for specific sectors, such as the addition of
captive (non-merchant) hydrogen production facilities. The proposed
revisions would affect approximately 253 new reporters across 13 source
categories, including the hydrogen production, oil and gas, petroleum
refineries, electrical transmission and distribution, industrial

wastewater, municipal solid waste landfill, fluorinated GHG supplier,
and industrial landfill source categories. Additionally, there is
burden associated with the proposed revisions to existing monitoring or
emissions estimation methodologies, such as the additional time
required to conduct engineering calculations or incorporate additional
data (e.g., under subpart HH, we are proposing that reporters adjust
emissions by including count and surface measurement methane
concentration data gathered under other regulatory standards). Finally,
there is burden associated with proposed revisions to collect
additional facility production or input data that would improve the
EPA's understanding of the sector-specific processes or other factors
that influence GHG emission rates, verification of collected data, or
to complement or inform other EPA programs under the CAA.
    The estimated annual average burden is 114,678 hours and
$12,250,168 over the 3 years covered by this information collection,
including $3,224,535 in non-labor costs. The labor burden costs include
$11,748,619 from revisions implemented in the first year (RY2025), and
$7,664,140 per year from revisions implemented in each subsequent year
(RY2026 and RY2027). The incremental labor burden over the next three
years (RY2025 through RY2027) totals 344,034 hours, $27,076,898 in
labor costs, and $9,673,605 in capital and O&M costs. Further
information on the EPA's assessment on the impact on burden can be
found in the memorandum, Assessment of Burden Impacts for Proposed
Revisions for the Greenhouse Gas Reporting Rule, available in the
docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424).
    Respondents/affected entities: Owners and operators of facilities
that must report their GHG emissions and other data to the EPA to
comply with 40 CFR part 98.
    Respondent's obligation to respond: The respondent's obligation to
respond is mandatory and the requirements in this rule are under the
authority provided in CAA section 114.
    Estimated number of respondents: 7,990 (affected by proposed
amendments).
    Frequency of response: Initially, annually.
    Total estimated burden: 114,678 hours (annual average per year).
Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: $12,250,168 (annual average), includes
$3,224,535 annualized capital or operation & maintenance costs.
    An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates and any suggested methods for
minimizing respondent burden to the EPA using the docket identified at
the beginning of this rule. The EPA will respond to any ICR-related
comments in the final rule. You may also send your ICR-related comments
to OMB's Office of Information and Regulatory Affairs using the
interface at www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under Review--Open for
Public Comments'' or by using the search function. OMB must receive
comments no later than July 21, 2023.

C. Regulatory Flexibility Act (RFA)

    I certify that this supplemental proposal would not have a
significant economic impact on a substantial number of small entities
under the RFA. The small entities subject to the requirements of this
action are small businesses across all sectors encompassed by the rule,
small governmental jurisdictions, and small non-profits. In the
development of 40 CFR part 98, the EPA determined that some small
entities are affected because their production processes emit GHGs that
must be reported, because they have stationary combustion units on site
that emit GHGs that must be reported, or because they have fuel
supplier operations for which supply quantities and GHG data must be
reported. Small Governments and small non-profits are generally
affected because they have regulated landfills or stationary combustion
units on site, or because they own a local distribution company (LDC).
    In the promulgation of the 2009 rule, the EPA took several steps to
reduce the impact on small entities. For example, the EPA determined
appropriate thresholds that reduced the number of small entities
reporting (e.g., the 25,000 mtCO2e threshold used to
determine applicability under 40 CFR 98.2(a)(2)). In addition, the EPA
conducted meetings with industry associations to discuss regulatory
options and the corresponding burden on industry, such as recordkeeping
and reporting. This supplemental proposal includes amendments that
would improve the existing emissions estimation methodologies;
implement requirements to collect additional data to understand new
source categories or emissions sources; and improve the EPA's
understanding of the sector-specific processes or other factors that
influence GHG emission rates and improve verification of collected
data; and more broadly inform climate programs and policies. For
existing reporters, these changes are improvements or clarifications of
requirements that do not require new monitoring and would not
significantly increase reporter burden, or are changes that require
data that is readily available and may be obtained from company records
or estimated from existing inputs or data elements already collected
under part 98. Further, the proposed revisions in this supplemental
notification would not revise the 25,000 mtCO2e threshold or
other subpart thresholds, therefore, we do not expect a significant
number of small entities would be newly impacted under this
supplemental proposal.
    Although the EPA continues to maintain thresholds that reduce the
number of small entities reporting, we evaluated the impacts of the
proposed revisions where we identified small entities could potentially
be affected and considered whether additional measures to minimize
impacts were needed. The EPA conducted a small entity analysis that
assessed the costs and impacts to small entities in three areas,
including: (1) amendments that revise the number or types of facilities
required to report (i.e., updates of the GHGRP's applicability to
certain sources), (2) changes to refine existing monitoring or
calculation methodologies, and (3) revisions to reporting and
recordkeeping requirements for data provided to the program. The
analysis provides the subparts affected, the number of small entities
affected, and the estimated impact to these entities based on the total
annualized reporting costs of the proposed rule. Details of this
analysis are presented in the memorandum, Assessment of Burden Impacts
for Proposed Supplemental Revisions for the Greenhouse Gas Reporting
Rule, available in the docket for this rulemaking (Docket Id. No. EPA-
HQ-OAR-2019-0424). Based on the results of this analysis, we concluded
that this proposed action will have no significant regulatory burden
for any directly regulated small entities and thus that this proposed
action would not have a significant economic impact on a substantial
number of small entities. The EPA continues to conduct significant
outreach on the GHGRP and

maintains an ``open door'' policy for stakeholders to help inform the
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)

    This supplemental proposal does not contain an unfunded mandate of
$100 million or more as described in UMRA, 2 U.S.C. 1531-1538, and does
not significantly or uniquely affect small Governments.

E. Executive Order 13132: Federalism

    This supplemental proposal 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.

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

    This supplemental proposal has tribal implications. However, it
will neither impose substantial direct compliance costs on federally
recognized Tribal Governments, nor preempt tribal law. The supplemental
proposal would only have tribal implications where the tribal entity
owns a facility that directly emits GHGs above threshold levels;
therefore, relatively few (six) tribal entities would be affected. This
regulation is not anticipated to affect facilities or suppliers of
additional sectors owned by Tribal Governments.
    In evaluating the potential implications for tribal entities, we
first assessed whether tribes would be affected by any proposed
revisions that expanded the universe of facilities that would report
GHG data to the EPA. The proposed rule amendments would implement
requirements to collect additional data to understand new source
categories or new emission sources for specific sectors; improve the
existing emissions estimation methodologies; and improve the EPA's
understanding of the sector-specific processes or other factors that
influence GHG emission rates and improve verification of collected
data. Of the 133 facilities that we anticipate would be newly required
to report under the proposed revisions, we do not anticipate that there
are any tribally owned facilities. As discussed in section VII of this
preamble, we expect the proposed revisions to Table A-1 to part 98 to
result in a change to the number of facilities required to report under
subparts W (Petroleum and Natural Gas Systems), V (Nitric Acid
Production), DD (Electrical Transmission and Distribution Equipment
Use), HH (MSW Landfills), II (Industrial Wastewater Treatment), OO
(Suppliers of Industrial GHGs), and TT (Industrial Waste Landfills).
However, we did not identify any potential sources in these source
categories that are owned by tribal entities not already reporting to
the GHGRP. Similarly, although we are proposing amendments that would
require that some facilities not currently subject to the GHGRP begin
reporting and implementing requirements under the program for select
new source categories, as discussed in section IV of this preamble, we
have not identified, and do not anticipate, any such affected
facilities in the proposed source categories that are owned by Tribal
Governments.
    As a second step to evaluate potential tribal implications, we
evaluated whether there were any tribally owned facilities that are
currently reporting under the GHGRP that would be affected by the
proposed revisions. Tribally owned facilities currently subject to part
98 would only be subject to proposed changes that do not significantly
change the existing requirements or result in substantial new
activities because they do not require new equipment, sampling, or
monitoring. Rather, tribally owned facilities would only be subject to
new requirements where reporters would provide data that is readily
available from company records. As such, the proposed revisions would
not substantially increase reporter burden, impose significant direct
compliance costs for tribal facilities, or preempt tribal law.
Specifically, we identified ten facilities currently reporting to part
98 that are owned by six tribal parent companies. For these six parent
companies, we identified facilities in the stationary fuel combustion
(subpart C), petroleum and natural gas (subpart W), and MSW landfill
(subpart HH) source categories that may be affected by the proposed
revisions. These facilities would be affected by the proposed revisions
to subparts C and HH and the proposed addition of reporting
requirements under subpart B (Energy Consumption). For these six parent
companies, we reviewed publicly available sales and revenue data to
determine whether the parent company was a small entity and to assess
whether the costs of the proposed rule would be significant. Based on
our review, we located sales and revenue data for three of the six
parent companies (currently reporting under subparts C, W, and HH) and
were able to confirm that the costs of the proposed revisions,
including reporting of energy consumption data under proposed subpart
B, would reflect less than one half of one percent of company revenue
for these sources. The remaining three parent companies include
facilities that report under subparts C and HH, and that would be
required to report under new subpart B. Under the proposed rule, the
costs for facilities currently reporting under subparts C or HH would
be anticipated to increase by less than $100 per year per subpart. For
subpart C, this would include costs related to revisions to report
whether the facility has an electricity generating unit and the
fraction of reported emissions attributable to electricity generation
under subparts, which we do not anticipate would apply to tribal
facilities. For subpart HH, this includes time to report additional
information for landfills with gas collection systems and destruction
devices, as well as additional time to adjust estimated methane
emissions based on methane surface monitoring measurements or to use a
default lower gas collection efficiency value. Under proposed subpart
B, facilities would be anticipated to incur costs of up to $1,189 in
the first year (for planning and implementation of a Metered Energy
Monitoring Plan and associated reporting and recordkeeping) and $670 in
subsequent years (for update of the Plan and associated reporting and
recordkeeping). Based on our review of similar tribally owned
facilities and small entity analysis (discussed in VIII.C of this
preamble), we do not anticipate the proposed revisions to subparts B,
C, or HH would impose substantial direct compliance costs on the
remaining tribally owned entities.
    Further, although few facilities subject to part 98 are likely to
be owned by Tribal Governments, the EPA previously sought opportunities
to provide information to Tribal Governments and representatives during
the development of the proposed and final rules for part 98 subparts
that were promulgated on October 30, 2009 (74 FR 52620), July 12, 2010
(75 FR 39736), November 30, 2010 (75 FR 74458), and December 1, 2010
(75 FR 74774 and 75 FR 75076). Consistent with the 2011 EPA Policy on
Consultation and Coordination with Indian Tribes,\77\ the

EPA previously consulted with tribal officials early in the process of
developing part 98 regulations to permit them to have meaningful and
timely input into its development and to provide input on the key
regulatory requirements established for these facilities. A summary of
these consultations is provided in section VIII.F of the preamble to
the final rule published on October 30, 2009 (74 FR 52620), section V.F
of the preamble to the final rule published on July 12, 2010 (75 FR
39736), section IV.F of the preamble to the re-proposal of subpart W
(Petroleum and Natural Gas Systems) published on April 12, 2010 (75 FR
18608), section IV.F of the preambles to the final rules published on
December 1, 2010 (75 FR 74774 and 75 FR 75076). As described in this
section, the proposed rule does not significantly revise the
established regulatory requirements and would not substantially change
the equipment, monitoring, or reporting activities conducted by these
facilities, or result in other substantial impacts for tribal
facilities.
---------------------------------------------------------------------------

    \77\ EPA Policy on Consultation and Coordination with Indian
Tribes, May 4, 2011. Available at: www.epa.gov/sites/default/files/2013-08/documents/cons-and-coord-with-indian-tribes-policy.pdf.
---------------------------------------------------------------------------

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This supplemental proposal is not
subject to Executive Order 13045 because it does not concern an
environmental health risk or safety risk.

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

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The proposed amendments would implement
requirements to collect additional data to understand new source
categories or new emission sources for specific sectors; improve the
EPA's understanding of factors that influence GHG emission rates;
improve the existing emissions estimation methodologies; improve
verification of collected data; and provide additional data to
complement or inform other EPA programs. We are also proposing
revisions that clarify or update provisions that have been unclear. In
general, these changes would not substantially impact the supply,
distribution, or use of energy. The EPA is proposing to require
reporting of metered energy consumption from direct emitter facilities
that currently report under part 98 in order to gain an improved
understanding of the energy intensity (i.e., the amount of energy
required to produce a given level of product or activity) of specific
facilities or sectors, and to better inform our understanding of the
potential indirect GHG emissions associated with certain sectors. The
proposed regulations under subpart B include QA/QC requirements for
energy meters for this source category, but the EPA understands that
these meters would already be in place to monitor energy purchases.
Therefore, the proposed regulations would not require installation of
new equipment. Therefore, the proposed new subpart is not anticipated
to add significant burden for existing reporters or to impact the
supply, distribution, or use of energy. In addition to the data quality
improvements described, the EPA is proposing confidentiality
determinations for new and revised data elements in this proposed rule
and for certain existing data elements for where the EPA has determined
that the current determination is no longer appropriate. These proposed
amendments and confidentiality determinations do not make any changes
to the existing monitoring, calculation, and reporting requirements
under part 98 that would affect the supply, distribution, or use of
energy.

I. National Technology Transfer and Advancement Act

    This action involves technical standards. The EPA is proposing the
use of several standards in establishing monitoring requirements in
these proposed amendments. For proposed subpart B (Energy Consumption),
the EPA is proposing that reporters must determine whether electric
meters at the facility comply with the American National Standards
Institute (ANSI) standard C12.1-2022 Electric Meters--Code for Electric
Metering or another, similar consensus standard with accuracy
specifications at least as stringent. The ANSI standard is widely
referenced in state utility commission performance standards governing
the accuracy of electric meters used for billing calculations. The
proposed standard establishes acceptable performance criteria for
electricity meters including accuracy class designations, current class
designations, voltage and frequency ratings, test current values,
service connection arrangements, pertinent dimensions, form
designations, and environmental tests. The proposed requirements under
subpart B allow for reporters to rely on manufacturer's certification,
certification from the local utility supplying the electric service and
meter, or to provide copy of written request that the existing meter be
replaced by an electrical meter that meets the accuracy specifications
of the cited ANSI standard. Additionally, the proposed requirements
allow for reporters to use another consensus standard having accuracy
specifications at least as stringent as the proposed ANSI standards
C12.1-2022. Anyone may access the standard on the ANSI website
(www.ansi.org) for additional information; the standard is available at
the following web link: https://webstore.ansi.org/standards/nema/ansic122022. The standard is available to everyone at a cost determined
by the ANSI ($423). The ANSI also offers memberships or subscriptions
that allow unlimited access to their methods. Because facilities may
rely on certifications from the meter manufacturer or the local
utility, or use an alternative consensus standard that is at least as
stringent as the proposed standards, the EPA has determined that
obtaining these methods is not a significant financial burden, making
the methods reasonably available for reporters.
    The EPA is proposing amendments to subpart HH (Municipal Solid
Waste Landfills) at 40 CFR 98.344 that would allow for facilities that
elect to conduct surface methane concentration monitoring to use
measurement methods that are consistent with those already required and
standard under existing landfills regulations. The proposed amendments
would require landfill owners and operators that are already subject to
the NSPS at 40 CFR part 60, subparts WWW or XXX, the EG at 40 CFR part
60, subpart Cc of Cf, or according to the Federal plan at 40 CFR part
62, subpart GGG or OOO to follow the monitoring measurement
requirements under the NSPS, EG, or Federal plans; facilities would be
able to use the measurements collected under the existing NSPS, EG, and
Federal plan rules for estimation of emissions from cover leaks. We are
also proposing to add surface methane concentration monitoring methods
at 40 CFR 98.344 for landfill owners and operators that are not
required to conduct surface measurements according to the NSPS

(40 CFR part 60, subpart WWW or XXX), EG (40 CFR part 60, subparts Cc
or Cf as implemented in approved state plans), or Federal plans (40 CFR
part 62, subparts GGG or OOO), but that voluntarily elect to conduct
these surface measurements. Landfill owners and operators that are not
required to conduct surface measurements according to the NSPS (40 CFR
part 60, subpart WWW or XXX), EG (40 CFR part 60, subparts Cc or Cf),
or Federal plans (40 CFR part 62, subparts GGG or OOO) would also have
the option to use a default lower gas collection efficiency value in
lieu of monitoring. Landfill reporters that elect to conduct surface
measurements under part 98 would follow the procedures in 40 CFR
60.765(c) and (d), which must be performed in accordance with Method 21
of appendix A to part 60. Because we are proposing the option to use of
a default lower gas collection efficiency and not requiring reporters
that are not subject to the control requirements in the NSPS (40 CFR
part 60, subpart WWW or XXX), EG (40 CFR part 60, subparts Cc or Cf),
or Federal plans (40 CFR part 62, subparts GGG or OOO) to perform this
surface methane concentration monitoring, the use of Method 21 is
voluntary for those reporters. Therefore, the EPA has determined that
use of Method 21 is not a significant financial burden and would be
reasonably available for reporters.
    The EPA previously proposed to allow the use of the ISO standard
designated as CSA/ANSI ISO 27916:2019, Carbon Dioxide Capture,
Transportation and Geological Storage--Carbon Dioxide Storage Using
Enhanced Oil Recovery (CO2-EOR) (2019) consistent with the proposed
addition of proposed subpart VV (Geologic Sequestration of Carbon
Dioxide With Enhanced Oil Recovery Using ISO 27916) in the 2022 Data
Quality Improvements Proposal (87 FR 37035). The EPA also previously
proposed paragraph 98.470(c) of subpart UU (Injection of Carbon
Dioxide) to indicate that facilities that report under proposed subpart
VV would not be required to report under subpart UU. In this
supplemental action, the EPA is re-proposing section 40 CFR 98.470,
section 40 CFR 98.480, and section 40 CFR 98.481 to clarify the
applicability of the rule. The re-proposed section 98.480 would require
that facilities that elect to use the CSA/ANSI ISO 27916:2019 method
for the purpose of quantifying geologic sequestration of CO2
in association with EOR operations would be required to report under
proposed subpart VV. The re-proposed sections 40 CFR 98.470 and 40 CFR
98.481 clarify that CO2-EOR projects previously reporting
under subpart UU that begin using CSA/ANSI ISO 27916:2019 part-way
through a reporting year must report under subpart UU for the portion
of the year before CSA/ANSI ISO 27916:2019 was used and report under
subpart VV for the portion of the year once CSA/ANSI ISO 27916:2019
began to be used and thereafter. Our supporting analysis in the 2022
Data Quality Improvements Proposal regarding the availability and the
cost of obtaining the ISO standard are the same for this re-proposal,
and we reiterate that the proposed amendments to subparts UU and VV
would not impose a significant financial burden for reporters, as the
proposed rule would apply to reporters that elect to use CSA/ANSI ISO
27916:2019 for quantifying their geologic sequestration of
CO2 in association with EOR operations.
    The EPA also proposes to allow the use of any one of the following
standards for coke calcining facilities subject to proposed new subpart
WW: (1) ASTM D3176-15 Standard Practice for Ultimate Analysis of Coal
and Coke, (2) ASTM D5291-16 Standard Test Methods for Instrumental
Determination of Carbon, Hydrogen, and Nitrogen in Petroleum Products
and Lubricants, and (3) ASTM D5373-21 Standard Test Methods for
Determination of Carbon, Hydrogen, and Nitrogen in Analysis Samples of
Coal and Carbon in Analysis Samples of Coal and Coke. These proposed
methods are used to determine the carbon content of petroleum coke. The
EPA currently allows for the use of an earlier version of these
proposed standard methods for the instrumental determination of carbon
content in laboratory samples of petroleum coke in other sections of
part 98, including the use of ASTM D3176-89, ASTM D5291-02, and ASTM
D5373-08 in 40 CFR 98.244(b) (subpart X--Petrochemical Production) and
40 CFR 98.254(i) (subpart Y--Petroleum Refineries). The EPA is
proposing to allow the use of the updated versions of these standards
(ASTM D3176-15, ASTM D5291-16, and ASTM D5373-21) to determine the
carbon content of petroleum coke for proposed subpart WW (Coke
Calciners). Anyone may access the standards on the ASTM website
(www.astm.org/) for additional information. These standards are
available to everyone at a cost determined by the ASTM (between $48 and
$60 per method). The ASTM also offers memberships or subscriptions that
allow unlimited access to their methods. The cost of obtaining these
methods is not a significant financial burden, making the methods
reasonably available for reporters.
    We are also proposing to allow the use of the following standard
for coke calciners subject to subpart WW: Specifications, Tolerances,
and Other Technical Requirements For Weighing and Measuring Devices,
NIST Handbook 44 (2022). The EPA currently allows for the use of an
earlier version of the proposed standard methods (Specifications,
Tolerances, and Other Technical Requirements For Weighing and Measuring
Devices, NIST Handbook 44 (2009)) for the calibration and maintenance
of instruments used for weighing of mass of samples of petroleum coke
in other sections of part 98, including 40 CFR 98.244(b) (subpart X).
The EPA is proposing to allow the use of the updated versions of these
standards (Specifications, Tolerances, and Other Technical Requirements
For Weighing and Measuring Devices, NIST Handbook 44 (2022)) for
performing mass measurements of petroleum coke for proposed subpart WW
(Coke Calciners). Anyone may access the standards on the NIST website
(www.nist.gov/index.html) for additional information. These standards
are available to everyone at no cost, therefore the methods are
reasonably available for reporters.
    The EPA proposes to allow the use of one of the following standards
for calcium carbide production facilities subject to proposed subpart
XX (Calcium Carbide Production): (1) ASTM D5373-08 Standard Test
Methods for Instrumental Determination of Carbon, Hydrogen, and
Nitrogen in Laboratory Samples of Coal, or (2) ASTM C25-06, Standard
Test Methods for Chemical Analysis of Limestone, Quicklime, and
Hydrated Lime. ASTM D5373-08 addresses the determination of carbon in
the range of 54.9 percent m/m to 84.7 percent m/m, hydrogen in the
range of 3.25 percent m/m to 5.10 percent m/m, and nitrogen in the
range of 0.57 percent m/m to 1.80 percent m/m in the analysis sample of
coal. The EPA currently allows for the use of ASTM D5373-08 in other
sections of part 98, including in 40 CFR 98.244(b) (subpart X--
Petrochemical Production), 40 CFR 98.284(c) (subpart BB--Silicon
Carbide Production), and 40 CFR 98.314(c) (subpart EE--Titanium
Production) for the instrumental determination of carbon content in
laboratory samples. Therefore, we are proposing to allow the use of
ASTM D5373-08 for determination of carbon content of materials
consumed, used, or produced at calcium carbide facilities.

The EPA currently allows for the use of ASTM C25-06 in other sections
of part 98, including in 40 CFR 98.194(c) (subpart S--Lime Production)
for chemical composition analysis of lime products and calcined
byproducts and in 40 CFR 98.184(b) (subpart R--Lead Production) for
analysis of flux materials such as limestone or dolomite. ASTM C25-06
addresses the chemical analysis of high-calcium and dolomitic
limestone, quicklime, and hydrated lime. We are proposing to allow the
use of ASTM C25-06 for determination of carbon content of materials
consumed, used, or produced at calcium carbide facilities, including
analysis of materials such as limestone or dolomite. Anyone may access
the standards on the ASTM website (www.astm.org/) for additional
information. These standards are available to everyone at a cost
determined by the ASTM (between $64 and $92 per method). The ASTM also
offers memberships or subscriptions that allow unlimited access to
their methods. The cost of obtaining these methods is not a significant
financial burden, making the methods reasonably available for
reporters.
    The EPA is not proposing to require the use of specific consensus
standards for proposed new subparts YY (Caprolactam, Glyoxal, and
Glyoxylic Acid Production) or ZZ (Ceramics Production), or for other
proposed amendments to part 98.

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) 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 (people of color) and low-income
populations.
    The EPA believes that this proposed action does not directly
concern human health or environmental conditions and therefore cannot
be evaluated with respect to potentially disproportionate and adverse
effects on people of color, low-income populations and/or indigenous
peoples. This action does not affect the level of protection provided
to human health or the environment, but instead, addresses information
collection and reporting procedures.

K. Determination Under CAA Section 307(d)

    Pursuant to CAA section 307(d)(1)(V), the Administrator determines
that this supplemental proposal is subject to the provisions of CAA
section 307(d). Section 307(d)(1)(V) of the CAA provides that the
provisions of CAA section 307(d) apply to ``such other actions as the
Administrator may determine.''

List of Subjects in 40 CFR Part 98

    Environmental protection, Greenhouse gases, Reporting and
recordkeeping requirements, Suppliers.

Michael S. Regan,
Administrator.

    For the reasons stated in the preamble, the Environmental
Protection Agency proposes to amend title 40, chapter I, of the Code of
Federal Regulations as follows:

PART 98--MANDATORY GREENHOUSE GAS REPORTING

0
1. The authority citation for part 98 continues to read as follows:

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

Subpart A--General Provision

0
2. Amend Sec.  98.2 by revising paragraphs (a)(1), (a)(2), and (a)(3)
introductory text as follows:

Sec.  98.2  Who must report?

    (a) * * *
    (1) A facility that contains any source category that is listed in
Table A-3 of this subpart. For these facilities, the annual GHG report
must cover energy consumption (subpart B of this part), stationary fuel
combustion sources (subpart C of this part), miscellaneous use of
carbonates (subpart U of this part), and all applicable source
categories listed in Tables A-3 and A-4 of this subpart.
    (2) A facility that contains any source category that is listed in
Table A-4 of this subpart and that emits 25,000 metric tons
CO2e or more per year in combined emissions from stationary
fuel combustion units, miscellaneous uses of carbonate, and all
applicable source categories that are listed in Table A-3 and Table A-4
of this subpart. For these facilities, the annual GHG report must cover
energy consumption (subpart B of this part), stationary fuel combustion
sources (subpart C of this part), miscellaneous use of carbonates
(subpart U of this part), and all applicable source categories listed
in Table A-3 and Table A-4 of this subpart.
    (3) A facility that in any calendar year starting in 2010 meets all
three of the conditions listed in this paragraph (a)(3). For these
facilities, the annual GHG report must cover energy consumption
(subpart B of this part) and emissions from stationary fuel combustion
sources.
* * * * *
0
3. Amend Sec.  98.3 by:
0
a. Revising paragraph (c)(4) introductory text;
0
b. Redesignating paragraphs (c)(4)(iv) and (v) as paragraphs (c)(4)(v)
and (vi), respectively;
0
c. Adding new paragraph (c)(4)(iv);
0
d. Revising paragraphs (k)(1), (2), and (3);
0
e. Revising paragraphs (l)(1) introductory text, (l)(2) introductory
text, (l)(2)(i), (l)(2)(ii)(C), (D), and (E), and (l)(2)(iii).
    The revisions and additions read as follows:

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

* * * * *
    (c) * * *
    (4) For facilities, except as otherwise provided in paragraph
(c)(12) of this section, report annual emissions of CO2,
CH4, N2O, each fluorinated GHG (as defined in
Sec.  98.6), and each fluorinated heat transfer fluid (as defined in
Sec.  98.98), as well as annual quantities of electricity and thermal
energy purchases, as follows.
* * * * *
    (iv) Annual quantity of electricity purchased expressed in
kilowatt-hours (kWh) and annual quantity of thermal energy purchased
expressed in mmBtu for all applicable source categories, per the
requirements of subpart B of this part.
    (v) Except as provided in paragraph (c)(4)(vii) of this section,
emissions and other data for individual units, processes, activities,
and operations as specified in the ``Data reporting requirements''
section of each applicable subpart of this part.
    (vi) Indicate (yes or no) whether reported emissions include
emissions from a cogeneration unit located at the facility.
* * * * *
    (k) * * *
    (1) A facility or supplier that first becomes subject to part 98
due to a change in the GWP for one or more compounds in Table A-1 of
this subpart, Global Warming Potentials, is not required to submit an
annual GHG report for the reporting year during which the change in
GWPs is published

in the Federal Register as a final rulemaking.
    (2) A facility or supplier that was already subject to one or more
subparts of part 98 but becomes subject to one or more additional
subparts due to a change in the GWP for one or more compounds in Table
A-1 of this subpart, is not required to include those subparts to which
the facility is subject only due to the change in the GWP in the annual
GHG report submitted for the reporting year during which the change in
GWPs is published in the Federal Register as a final rulemaking.
    (3) Starting on January 1 of the year after the year during which
the change in GWPs is published in the Federal Register as a final
rulemaking, facilities or suppliers identified in paragraph (k)(1) or
(2) of this section must start monitoring and collecting GHG data in
compliance with the applicable subparts of part 98 to which the
facility is subject due to the change in the GWP for the annual
greenhouse gas report for that reporting year, which is due by March 31
of the following calendar year.
* * * * *
    (l) * * *
    (1) Best available monitoring methods. From January 1 to March 31
of the year after the year during which the change in GWPs is published
in the Federal Register as a final rulemaking, owners or operators
subject to this paragraph (l) may use best available monitoring methods
for any parameter (e.g., fuel use, feedstock rates) that cannot
reasonably be measured according to the monitoring and QA/QC
requirements of a relevant subpart. The owner or operator must use the
calculation methodologies and equations in the ``Calculating GHG
Emissions'' sections of each relevant subpart, but may use the best
available monitoring method for any parameter for which it is not
reasonably feasible to acquire, install, and operate a required piece
of monitoring equipment by January 1 of the year after the year during
which the change in GWPs is published in the Federal Register as a
final rulemaking. Starting no later than April 1 of the year after the
year during which the change in GWPs is published, the owner or
operator must discontinue using best available methods and begin
following all applicable monitoring and QA/QC requirements of this
part, except as provided in paragraph (l)(2) of this section. Best
available monitoring methods means any of the following methods:
* * * * *
    (2) Requests for extension of the use of best available monitoring
methods. The owner or operator may submit a request to the
Administrator to use one or more best available monitoring methods
beyond March 31 of the year after the year during which the change in
GWPs is published in the Federal Register as a final rulemaking.
    (i) Timing of request. The extension request must be submitted to
EPA no later than January 31 of the year after the year during which
the change in GWPs is published in the Federal Register as a final
rulemaking.
    (ii) * * *
    (C) A description of the reasons that the needed equipment could
not be obtained and installed before April 1 of the year after the year
during which the change in GWPs is published in the Federal Register as
a final rulemaking.
    (D) If the reason for the extension is that the equipment cannot be
purchased and delivered by April 1 of the year after the year during
which the change in GWPs is published in the Federal Register as a
final rulemaking, include supporting documentation such as the date the
monitoring equipment was ordered, investigation of alternative
suppliers and the dates by which alternative vendors promised delivery,
backorder notices or unexpected delays, descriptions of actions taken
to expedite delivery, and the current expected date of delivery.
    (E) If the reason for the extension is that the equipment cannot be
installed without a process unit shutdown, include supporting
documentation demonstrating that it is not practicable to isolate the
equipment and install the monitoring instrument without a full process
unit shutdown. Include the date of the most recent process unit
shutdown, the frequency of shutdowns for this process unit, and the
date of the next planned shutdown during which the monitoring equipment
can be installed. If there has been a shutdown or if there is a planned
process unit shutdown between November 29 of the year during which the
change in GWPs is published in the Federal Register as a final
rulemaking and April 1 of the year after the year during which the
change in GWPs is published, include a justification of why the
equipment could not be obtained and installed during that shutdown.
* * * * *
    (iii) Approval criteria. To obtain approval, the owner or operator
must demonstrate to the Administrator's satisfaction that it is not
reasonably feasible to acquire, install, and operate a required piece
of monitoring equipment by April 1 of the year after the year during
which the change in GWPs is published in the Federal Register as a
final rulemaking. The use of best available methods under this
paragraph (l) will not be approved beyond December 31 of the year after
the year during which the change in GWPs is published.
0
4. Amend Sec.  98.6 by:
0
a. Adding a definition for ``Cyclic'' and ``Fluorinated heat transfer
fluids'' in alphabetic order;
0
b. Revising the definitions for ``Bulk''; ``Fluorinated greenhouse
gas'', ``Fluorinated greenhouse gas (GHG) group'', ``Greenhouse gas or
GHG'', and ``Process vent'';
0
c. Removing the definition for ``Other fluorinated GHGs''; and
0
d. Adding definitions for ``Remaining fluorinated GHGs'', ``Saturated
chlorofluorocarbons (CFCs)'', ``Unsaturated bromochlorofluorocarbons
(BCFCs)'', ``Unsaturated bromofluorocarbons (BFCs)'', ``Unsaturated
chlorofluorocarbons (CFCs), ``Unsaturated hydrobromochlorofluorocarbons
(HBCFCs)'', and ``Unsaturated hydrobromofluorocarbons (HBFCs)'' in
alphabetic order.
    The revisions and additions read as follows:

Sec.  98.6  Definitions.

* * * * *
    Bulk, with respect to industrial GHG suppliers and CO2
suppliers, means a transfer of gas in any amount that is in a container
for the transportation or storage of that substance such as cylinders,
drums, ISO tanks, and small cans. An industrial gas or CO2
that must first be transferred from a container to another container,
vessel, or piece of equipment in order to realize its intended use is a
bulk substance. An industrial GHG or CO2 that is contained
in a manufactured product such as electrical equipment, appliances,
aerosol cans, or foams is not a bulk substance.
* * * * *
    Cyclic, in the context of fluorinated GHGs, means a fluorinated GHG
in which three or more carbon atoms are connected to form a ring.
* * * * *
    Fluorinated greenhouse gas (GHG) means sulfur hexafluoride
(SF6), nitrogen trifluoride (NF3), and any
fluorocarbon except for controlled substances as defined at 40 CFR part
82, subpart A and substances with vapor pressures of less than 1 mm of
Hg absolute at 25 degrees C. With these exceptions, ``fluorinated GHG''
includes but is not limited to any hydrofluorocarbon, any

perfluorocarbon, any fully fluorinated linear, branched or cyclic
alkane, ether, tertiary amine or aminoether, any perfluoropolyether,
and any hydrofluoropolyether.
    Fluorinated greenhouse gas (GHG) group means one of the following
sets of fluorinated GHGs:
    (1) Fully fluorinated GHGs;
    (2) Saturated hydrofluorocarbons with two or fewer carbon-hydrogen
bonds;
    (3) Saturated hydrofluorocarbons with three or more carbon-hydrogen
bonds;
    (4) Saturated hydrofluoroethers and hydrochlorofluoroethers with
one carbon-hydrogen bond;
    (5) Saturated hydrofluoroethers and hydrochlorofluoroethers with
two carbon-hydrogen bonds;
    (6) Saturated hydrofluoroethers and hydrochlorofluoroethers with
three or more carbon-hydrogen bonds;
    (7) Saturated chlorofluorocarbons (CFCs);
    (8) Fluorinated formates;
    (9) Cyclic forms of the following: unsaturated perfluorocarbons
(PFCs), unsaturated HFCs, unsaturated CFCs, unsaturated
hydrochlorofluorocarbons (HCFCs), unsaturated bromofluorocarbons
(BFCs), unsaturated bromochlorofluorocarbons (BCFCs), unsaturated
hydrobromofluorocarbons (HBFCs), unsaturated
hydrobromochlorofluorocarbons (HBCFCs), unsaturated halogenated ethers,
and unsaturated halogenated esters;
    (10) Fluorinated acetates, carbonofluoridates, and fluorinated
alcohols other than fluorotelomer alcohols;
    (11) Fluorinated aldehydes, fluorinated ketones and non-cyclic
forms of the following: unsaturated PFCs, unsaturated HFCs, unsaturated
CFCs, unsaturated HCFCs, unsaturated BFCs, unsaturated BCFCs,
unsaturated HBFCs, unsaturated HBCFCs, unsaturated halogenated ethers,
and unsaturated halogenated esters;
    (12) Fluorotelomer alcohols;
    (13) Fluorinated GHGs with carbon-iodine bonds; or
    (14) Remaining fluorinated GHGs.
    Fluorinated heat transfer fluids means fluorinated GHGs used for
temperature control, device testing, cleaning substrate surfaces and
other parts, other solvent applications, and soldering in certain types
of electronics manufacturing production processes and in other
industries. Fluorinated heat transfer fluids do not include fluorinated
GHGs used as lubricants or surfactants in electronics manufacturing.
For fluorinated heat transfer fluids, the lower vapor pressure limit of
1 mm Hg in absolute at 25 [deg]C in the definition of ``fluorinated
greenhouse gas'' in Sec.  98.6 shall not apply. Fluorinated heat
transfer fluids include, but are not limited to, perfluoropolyethers
(including PFPMIE), perfluoroalkylamines, perfluoroalkylmorpholines,
perfluoroalkanes, perfluoroethers, perfluorocyclic ethers, and
hydrofluoroethers. Fluorinated heat transfer fluids include HFC-43-
10meee but do not include other hydrofluorocarbons.
* * * * *
    Greenhouse gas or GHG means carbon dioxide (CO2),