Mandatory Reporting of Greenhouse Gases, 47392-47421 [2011-18712]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Proposed Rules]
[Pages 47392-47421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18712]



[[Page 47391]]

Vol. 76

Thursday,

No. 150

August 4, 2011

Part IV





Environmental Protection Agency





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40 CFR Part 98





Mandatory Reporting of Greenhouse Gases; Proposed Rule

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

[[Page 47392]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

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


Mandatory Reporting of Greenhouse Gases

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

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

ADDRESSES: You may submit your comments, identified by Docket ID No. 
EPA-HQ-OAR-2011-0147 by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments.
     E-mail: MRR_Corrections@epa.gov. Include Docket ID No. 
EPA-HQ-OAR-2011-0147 [and/or RIN number] in the subject line of the 
message.
     Fax: (202) 566-9744.
     Mail: Environmental Protection Agency, EPA Docket Center 
(EPA/DC), Mailcode 2822T, Attention: Docket ID No. EPA-HQ-OAR-2011-
0147, 1200 Pennsylvania Avenue, NW., Washington, DC 20004.
     Hand/Courier Delivery: EPA Docket Center, Public Reading 
Room, EPA West Building, Room 3334, 1301 Constitution Avenue, NW., 
Washington, DC 20004. Such deliveries are only accepted during the 
Docket's normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2011-0147, 2011 Technical Corrections, Clarifying and Other Amendments 
to Certain Provisions of the Mandatory Reporting of Greenhouse Gases 
Rule. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through https://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in https://www.regulations.gov or in hard copy at the Air Docket, EPA/
DC, EPA West Building, Room 3334, 1301 Constitution Ave., NW., 
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division, 
Office of Atmospheric Programs (MC-6207J), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone 
number: (202) 343-9263; fax number: (202) 343-2342; e-mail address: 
GHGReportingRule@epa.gov. For technical information, please go to the 
Greenhouse Gas Reporting Rule Program Web site https://www.epa.gov/climatechange/emissions/ghgrulemaking.html. To submit a question, 
select Rule Help Center, followed by Contact Us. To obtain information 
about the public hearing or to register to speak at the hearing, please 
go to https://www.epa.gov/climatechange/emissions/ghgrulemaking.html. 
Alternatively, contact Carole Cook at 202-343-9263.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this proposal will also be available through the 
WWW. Following the Administrator's signature, a copy of this action 
will be posted on EPA's Greenhouse Gas Reporting Program Web site at 
https://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

SUPPLEMENTARY INFORMATION:
    Additional Information on Submitting Comments: To expedite review 
of your comments by Agency staff, you are encouraged to send a separate 
copy of your comments, in addition to the copy you submit to the 
official docket, to Carole Cook, U.S. EPA, Office of Atmospheric 
Programs, Climate Change Division, Mail Code 6207-J, Washington, DC 
20460, telephone (202) 343-9263, e-mail address: 
GHGReportingRule@epa.gov.
    Regulated Entities. The Administrator determined that this action 
is subject to the provisions of Clean Air Act (CAA) section 307(d). See 
CAA section 307(d)(1)(V) (the provisions of section 307(d) apply to 
``such other actions as the Administrator may determine''). These are 
proposed amendments to existing regulations. If finalized, these 
amended regulations would affect owners or operators of certain 
industrial gas suppliers and direct emitters of GHGs. Regulated 
categories and examples of affected entities include those listed in 
Table 1 of this preamble:

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           Table 1--Examples of Affected Entities by Category
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                                                  Examples of affected
             Category                 NAICS            facilities
------------------------------------------------------------------------
Petroleum and Natural Gas Systems.     486210  Pipeline transportation
                                                of natural gas.
                                       221210  Natural gas distribution
                                                facilities.
                                          211  Extractors of crude
                                                petroleum and natural
                                                gas.
                                       211112  Natural gas liquid
                                                extraction facilities.
Underground Coal Mines............     212113  Underground anthracite
                                                coal mining operations.
                                       212112  Underground bituminous
                                                coal mining operations.
Electrical Transmission and            221121  Electric bulk power
 Distribution Equipment Use.                    transmission and control
                                                facilities.
Industrial Wastewater Treatment...     322110  Pulp mills.
                                       322121  Paper mills.
                                       322122  Newsprint mills
                                       322130  Paperboard mills.
                                       311611  Meat processing
                                                facilities.
                                       311411  Frozen fruit, juice, and
                                                vegetable manufacturing
                                                facilities.
                                       311421  Fruit and vegetable
                                                canning facilities.
                                       325193  Ethanol manufacturing
                                                facilities.
                                       324110  Petroleum refineries.
Suppliers of Industrial GHGs......     325120  Industrial gas production
                                                facilities.
Geologic Sequestration of Carbon          N/A  CO2 geologic
 Dioxide.                                       sequestration projects
Industrial Waste Landfills........     562212  Solid waste landfills.
                                       322110  Pulp mills.
                                       322121  Paper mills.
                                       322122  Newsprint mills.
                                       322130  Paperboard mills.
                                       311611  Meat processing
                                                facilities.
                                       311411  Frozen fruit, juice, and
                                                vegetable manufacturing
                                                facilities.
                                       311421  Fruit and vegetable
                                                canning facilities.
                                       221320  Sewage treatment
                                                facilities.
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    Table 1 of this preamble is not intended to be exhaustive, but 
rather lists the types of facilities or suppliers that EPA is now aware 
could be potentially affected by the reporting requirements. Other 
types of facilities and suppliers than those listed in the table could 
also be subject to reporting requirements. To determine whether you are 
affected by this action, you should carefully examine the applicability 
criteria found in 40 CFR part 98, subpart A or the relevant criteria in 
the sections related to suppliers and direct emitters of GHGs. If you 
have questions regarding the applicability of this action to a 
particular facility or supplier, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT Section.
    Acronyms and Abbreviations. The following acronyms and 
abbreviations are used in this document.

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

Table of Contents

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

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I. Background

A. How is this preamble organized?

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

B. Background on This Action

    The 2009 final GHG reporting rule (2009 final rule) was signed by 
EPA Administrator Lisa Jackson on September 22, 2009 and published in 
the Federal Register on October 30, 2009 (74 FR 56260, October 30, 
2009). The 2009 final rule, which became effective on December 29, 
2009, includes reporting of GHGs from various facilities and suppliers, 
consistent with the 2008 Consolidated Appropriations Act.\1\ Subsequent 
notices were published in 2010 finalizing the requirements for subparts 
FF, II, and TT (75 FR 39736, July 12, 2010), subpart W (75 FR 74458, 
November 30, 2010), subpart DD (75 FR 74774, December 1, 2010) and 
subpart RR (75 FR 75060, December 1, 2010). Subpart OO, which was 
promulgated as part of the 2009 final rule was also revised in 2010 (75 
FR 79092, December 17, 2010). The source categories in 40 CFR part 98 
cover approximately 85-90 percent of U.S. GHG emissions through 
reporting by direct emitters, as well as suppliers of certain products 
that would result in GHG emission when released, used, or oxidized, and 
those that geologically sequester or otherwise inject carbon dioxide 
(CO2) underground.
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    \1\ Consolidated Appropriations Act, 2008, Public Law 110-161, 
121 Stat. 1844, 2128.
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C. Legal Authority

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

D. How would these amendments apply to 2012 reports?

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

[[Page 47395]]

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

II. Technical Corrections and Other Amendments

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

A. Subpart A--General Provisions

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

[[Page 47396]]

otherwise required to report under any other provisions of part 98. 
This interpretation is clearly not the intent of the rule. The 
regulatory text in the final rule can and should be interpreted to mean 
that a facility is required to submit an annual report only if the 
capacity threshold is exceeded. This interpretation is clear from the 
preamble to the proposal (74 FR 16609) as well as the final rule (75 FR 
74774)). However, we are proposing to revise Table A-3 to insert the 
capacity threshold language of Sec.  98.301 to make the rule clearer 
and less subject to misinterpretation. Because the test for whether a 
facility meets the numerical threshold differs depending on the type of 
facility, we are including a reference to Sec.  98.301. Therefore, we 
are revising the Table A-3 entry for subpart DD to read as follows: 
Electrical transmission and distribution use at facilities where the 
total nameplate capacity of SF6 and PFC containing equipment 
exceeds 17,820 pounds, as determined under Sec.  98.301 (subpart DD).
    Threshold for Underground Coal Mines. We are proposing to change 
the threshold for underground coal mines to include only those that 
have ventilation emissions of 36,500,000 acf of CH4 or more 
per year. For a full description of this proposed change, please refer 
to the relevant discussion under subpart FF of this action.
    Computation of Time. EPA is proposing to add a provision to 40 CFR 
98.3(b) to allow information, including but not limited to, the annual 
GHG report and any subsequent re-submissions, the certificate of 
representation, and requests to use best available monitoring methods, 
to be submitted to EPA on the next business day in the event that a 
regulatory deadline falls on a weekend or a Federal holiday. The 
proposed language is consistent with a similar provision under the Acid 
Rain Program (40 CFR 72.11) and will provide all reasonable 
flexibilities for submitting data without compromising data quality.
    2012 Reporting Deadline. We are proposing a one-time extension of 
the 2012 reporting deadline for facilities and suppliers subject to 
source categories for which data collection began January 1, 2011 
(referred to below as the ``new 2011 reporting year source 
categories'').\2\ A deadline extension from March 31, 2012 to September 
28, 2012 would apply only to reporting of data elements under the 
following source categories: Electronics Manufacturing (subpart I), 
Fluorinated Gas Production (subpart L), Magnesium Production (subpart 
T), Petroleum and Natural Gas Systems (subpart W), Use of Electric 
Transmission and Distribution Equipment (subpart DD), Underground Coal 
Mines (subpart FF), Industrial Wastewater Treatment (subpart II), 
Imports and Exports of Equipment Pre-charged with Fluorinated GHGs or 
Containing Fluorinated GHGs in Closed-cell Foams (subpart QQ), Geologic 
Sequestration of Carbon Dioxide (subpart RR), Manufacture of Electric 
Transmission and Distribution (subpart SS), Industrial Waste Landfills 
(subpart TT), and Injection of Carbon Dioxide (subpart UU).
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    \2\ There was a separate one-time extension of the reporting 
deadline for facilities and suppliers first required to report GHG 
information to EPA in 2011, for data collected during 2010 (76 FR 
14812). The deadline extension in this proposal only applies to the 
reporting of information from those source categories for which data 
collection began in 2011 and for which data are to be reported in 
2012.
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    All facilities and suppliers subject to the GHGRP, including 
facilities and suppliers that include the source categories listed 
above, would still be required to report their GHG information for all 
other subparts by March 31, 2012. For example, a facility subject to 
report GHG information under subparts C, W, and PP would still be 
required to report GHG information for subparts C and PP by March 31, 
2012, but would not be required to submit the required data reporting 
elements under subpart W until September 28, 2012.
    We are proposing this change to the 2012 reporting deadline for the 
new 2011 reporting year source categories in order to allow sufficient 
time for development, and more importantly stakeholder testing, of the 
electronic-GHG Reporting Tool (e-GGRT). Stakeholder testing provides an 
opportunity for EPA to receive feedback from reporters and other 
interested stakeholders to enable EPA to test the effectiveness of the 
user interface of e-GGRT, correct any problems in advance of the 
reporting deadline, and ultimately ensure that the data received under 
the program are of the highest quality. Stakeholder testing of the 
electronic reporting tool for the new 2011 reporting year source 
categories is particularly important given the large number of 
reporters affected by these new categories (more than one quarter of 
all reporters are estimated to be required to report under these new 
subparts).
    Based on the discussion above, we are seeking comment on whether a 
six-month extension of the 2012 reporting deadline for the new 2011 
reporting year source categories to September 28, 2012, would be 
appropriate. Facilities and suppliers subject to the rule would still 
be required to report all other required data reporting elements by 
March 31, 2012, but would not report information related to the new 
2011 reporting year source categories until September 28, 2012.
    Reporting on use of Best Available Monitoring Methods (BAMM). We 
are proposing to amend 40 CFR 98.3(c)(7) to remove the phrase 
``according to paragraph (d) of this section'' thereby requiring all 
facilities and suppliers that use BAMM to provide a brief description 
of each ``best available monitoring method'' used, the parameter 
measured using the method, and the time period during which the ``best 
available monitoring method'' was used, if applicable. This reporting 
requirement was applicable to all facilities and suppliers using BAMM 
in the 2009 final rule. Most of the subparts promulgated in 2010 
(subparts T, DD, FF, II, QQ, RR, SS, TT, and UU) directly referred back 
to the procedures in 40 CFR 98.3(d), and therefore the requirement to 
report basic information on BAMM is required. Through this amendment, 
we are clarifying that this basic information must be reported for all 
subparts, including subparts L (Fluorinated Gas Production) and W 
(Petroleum and Natural Gas Systems). This does not impact the 
requirements of subpart I (Electronics Manufacturing), which already 
directly include this reporting requirement in the data reporting 
requirements of that subpart.
Definitions
    Blowdown vent stack. We are proposing to amend the definition of 
blowdown vent stack emissions to add the phrase ``emissions from 
emergency events are not included.'' EPA is proposing to make this 
change to promote better consistency with provisions in subpart C, 
which exempted emissions from emergency generators and equipment from 
being included in the GHG emissions calculations.
    Supplier. Based on changes made to the rule during 2010, the 
definition of supplier does not adequately represent the breadth of 
subparts covered under the rule. EPA is proposing to change the 
definition of supplier in 40 CFR 98.6 so it specifically refers to 
those source categories listed in Table A-5 to subpart A of part 98, 
and is as described in the definition of the source category in the 
applicable subparts.
    The proposed amendment is necessary because suppliers are currently 
defined as suppliers of fossil fuels and industrial GHGs. However, 
during 2010, EPA changed the definition of fossil fuels in a rulemaking 
(75 FR 79092) that could be wrongly

[[Page 47397]]

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

[[Page 47398]]

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

B. Subpart W--Petroleum and Natural Gas Systems

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

[[Page 47399]]

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

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

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

[[Page 47400]]

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

C. Subpart FF--Underground Coal Mines

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

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

    In the proposal preamble, we estimated that this threshold covers 
only about 128 of the estimated 612 active underground mines in the 
United States (74 FR 16553). Although it was not evident in reviewing 
the public comments received on the p