Proposed Confidentiality Determinations for Data Elements Under the Mandatory Reporting of Greenhouse Gases Rule, 1434-1452 [2011-33591]
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Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Proposed Rules
the human environment. A preliminary
environmental analysis checklist
supporting this determination will be
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
(3) The Captain of the Port, Sector
North Carolina can be reached through
the Sector Duty Officer at Sector North
Carolina in Wilmington, North Carolina
at telephone Number (910) 343–3880.
(4) The Coast Guard Representatives
enforcing the safety zone can be
contacted on VHF–FM marine band
radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement Period: This
regulation will be enforced from 7 a.m.
until 11 a.m., and from noon until
4 p.m. on February 6, 2012, from 7 a.m.
until 11 a.m., and from noon until
4 p.m. on February 7, 2012.
Dated: December 27, 2011.
Timothy M. Cummins,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector North Carolina.
[FR Doc. 2012–237 Filed 1–6–12; 11:15 am]
1. The authority citation for part 165
continues to read as follows:
BILLING CODE 9110–04–P
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
ENVIRONMENTAL PROTECTION
AGENCY
2. Add § 165.T05–1166 to read as
follows:
[EPA–HQ–OAR–2011–0028; FRL–9614–9]
RIN 2060–AQ70
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§ 165.T05–1166 Safety Zone; Atlantic
Intracoastal Waterway, Vicinity of Marine
Corps Base, Camp Lejeune, NC.
(a) Regulated Area. The following area
is a safety zone: specified waters of the
Captain of the Port Sector North
Carolina zone, as defined in 33 CFR
3.25–20, in the vicinity of the Atlantic
Intracoastal Waterway between position
34°32′51″ N/077°19′36″ W and
34°34′15″ N/077°16′16″ W (NAD 1983).
(b) Definition: For the purposes of this
part, Captain of the Port Representative
means any U.S. Coast Guard
commissioned, warrant or petty officer
who has been authorized by the Captain
of the Port, Sector North Carolina, North
Carolina to act on his behalf.
(c) Regulations:
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into this zone is prohibited unless
authorized by the Captain of the Port,
Sector North Carolina or his designated
representatives.
(2) The operator of any vessel in the
immediate vicinity of this safety zone
shall:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
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40 CFR Part 98
Proposed Confidentiality
Determinations for Data Elements
Under the Mandatory Reporting of
Greenhouse Gases Rule
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
This action re-proposes
confidentiality determinations for the
data elements under the Mandatory
Greenhouse Gas Reporting Rule. On July
7, 2010, EPA proposed confidentiality
determinations for data elements and is
issuing this re-proposal today due to
significant changes to certain data
elements. In addition, EPA is proposing
confidentiality determinations for seven
new data elements that are not inputs to
equations. EPA is also proposing to
categorize three data elements as inputs
to emission equations and to defer their
reporting deadline to March 31, 2013.
DATES: Comments. Comments must be
received on or before March 12, 2012.
Public Hearing. EPA does not plan to
conduct a public hearing unless
requested. To request a hearing, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
by January 17, 2012. Upon such request,
EPA will hold the hearing on January
25, 2012 in the Washington, DC area
starting at 9 a.m., local time. EPA will
publish further information about the
SUMMARY:
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hearing in the Federal Register if a
hearing is requested.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2011–0028, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Email: GHGReportingCBI@epa.gov.
• Fax: (202) 566–1741.
• Mail: Environmental Protection
Agency, EPA Docket Center (EPA/DC),
Mailcode 6102T, Attention Docket ID
No. EPA–HQ–OAR–2011–0028, 1200
Pennsylvania Avenue NW., Washington,
DC 20460.
• Hand Delivery: EPA Docket Center,
Public Reading Room, EPA West
Building, Room 3334, 1301 Constitution
Avenue NW., Washington, DC 20004.
Such deliveries are only accepted
during the Docket’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2011–
0028. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at 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 email. Send or
deliver information identified as CBI to
only the mail or hand/courier delivery
address listed above, attention: Docket
ID No. EPA–HQ–OAR–2011–0028. The
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 email comment directly
to EPA without going through https://
www.regulations.gov your email address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
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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,
Room B102, 1301 Constitution Ave.
NW., Washington, DC. This Docket
Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number
for the Public Reading Room is (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; email address:
GHGreporting@epa.gov. For technical
information, contact the Greenhouse
Gas Reporting Rule Hotline at: https://
www.epa.gov/climatechange/emissions/
ghgrule_contactus.htm. Alternatively,
contact Carole Cook at (202) 343–9263.
Worldwide Web (WWW). In addition
to being available in the docket, an
electronic copy of this proposal,
memoranda to the docket, and all other
related information will also be
available through the WWW on EPA’s
greenhouse gas reporting rule Web site
at https://www.epa.gov/climatechange/
emissions/ghgrulemaking.html.
SUPPLEMENTARY INFORMATION:
Acronyms and Abbreviations. The
following acronyms and abbreviations
are used in this document.
BAMM Best Available Monitoring Methods
CAA Clean Air Act
CEMS continuous emission monitoring
system
CO2 carbon dioxide
CBI confidential business information
CEMS Continuous Emission Monitoring
System
CFR Code of Federal Regulations
EIA Energy Information Administration
EOR enhanced oil recovery
EPA U.S. Environmental Protection Agency
F–GHG fluorinated greenhouse gas
GHG greenhouse gas
ICR Information Collection Request
LDC local natural gas distribution company
LNG liquefied natural gas
MMBtu million Btu
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MMscfd million standard cubic feet per day
MRV monitoring, reporting, and
verification
NESHAP national emission standards for
hazardous air pollutants
N2O nitrous oxide
NTTAA National Technology Transfer and
Advancement Act of 1995
OMB Office of Management & Budget
PFC perfluorocarbon
R&D research and development
RFA Regulatory Flexibility Act
SF6 sulfur hexafluoride
UIC Underground Injection Control
UMRA Unfunded Mandates Reform Act of
1995
U.S. United States
WWW Worldwide Web
Organization of This Document. The
following outline is provided to aid in
locating information in this preamble.
I. General Information
A. What is the purpose of this action?
B. Does this action apply to me?
C. What should I consider as I prepare my
comments to EPA?
II. Background and General Rationale
A. Background
B. Background on Data Elements in the
‘‘Inputs to Emission Equations’’ Data
Category
C. What is the rationale for re-proposing
the CBI determinations for six subparts?
D. How does the Technical Revisions final
rule affect this action?
III. Re-Proposal of CBI Determinations for Six
Subparts
A. Overview
B. Direct Emitter Data Categories
C. GHG Supplier Data Categories
D. Commenting on the Proposed
Confidentiality Determinations and Data
Category Assignments
IV. Proposal of CBI Determinations for New
Data Elements in Subparts II and TT
V. Deferral of Inputs to Emission Equations
for Subparts FF and TT and Amendment
to Table A–6
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
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I. General Information
A. What is the purpose of this action?
This action has three purposes. First,
EPA is re-proposing confidentiality
determinations for the data elements in
six subparts (L, DD, QQ, RR, SS, and
UU) of 40 CFR part 98 of the Mandatory
Greenhouse Gases Reporting rule
(hereafter referred to as ‘‘part 98’’). EPA
proposed confidentiality determinations
for data elements contained in the
proposed subparts L, DD, QQ, RR, and
SS in the July 7, 2010 proposed CBI
determination notice (75 FR 39094;
hereinafter referred to as the ‘‘July 7,
2010 CBI proposal’’). These subparts
were finalized in December of 2010 as
part of two separate amendments to part
98. As explained in more detail in
Section II.C of this preamble, many data
elements were added or significantly
changed since proposal, and portions of
proposed subpart RR were split off to
create a new subpart UU. Additionally,
on November 29, 2011, EPA finalized
amendments to subpart RR. See ‘‘2011
Technical Corrections, Clarifying and
Other Amendments to Certain
Provisions of The Mandatory Reporting
of Greenhouse Gases Rule’’ (76 FR
73886; hereinafter referred to as the
‘‘Technical Corrections final rule’’). In
light of the above, we are re-proposing
for public comment the confidentiality
determinations for the data elements in
these six subparts to reflect the data
elements in the final six subparts and
the new and revised data elements in
subpart RR in the Technical Corrections
final rule.
On May 26, 2011, EPA published the
final CBI determinations for 35 part 98
subparts in ‘‘Confidentiality
Determinations for Data Required Under
the Mandatory Greenhouse Gas
Reporting Rule and Amendments to
Special Rules Governing Certain
Information Obtained Under the Clean
Air Act’’ (76 FR 30782; hereinafter
referred to as the ‘‘Final CBI Rule’’). In
that rule, we created 22 data categories
(11 for direct emitters of greenhouse
gases (GHGs) and 11 for suppliers of
GHGs and products containing GHGs)
and assigned data elements in the 35
subparts to appropriate data categories.
In today’s action, we similarly propose
to assign the data elements in the six
subparts into the appropriate data
categories created in the Final CBI Rule.
For a list of the data categories, see
Section III.A of this preamble. This
notice covers all of the data elements
from the six subparts except for those
that are in the ‘‘Inputs to Emission
Equations’’ data category. The covered
data elements and their proposed
category assignments are listed by data
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category in the Memorandum entitled
‘‘Docket EPA–HQ–OAR–2011–0028
Memo A.’’ This memorandum reflects
the proposed revisions in the Technical
Corrections final rule.
As in the Final CBI Rule, this
proposal does not address data elements
from the six subparts in the ‘‘Inputs to
Emission Equations’’ data category.
Those data elements were identified in
‘‘Change to the Reporting Date for
Certain Data Elements Required Under
the Mandatory Reporting of Greenhouse
Gases Rule,’’ published on August 25,
2011 (76 FR 53057; hereinafter referred
to as the ‘‘Final Deferral’’). In that
action, EPA deferred the deadline for
direct emitter reporters to report ‘‘Inputs
to Emission Equations’’ data elements.
EPA deferred the deadline for reporting
some of these data elements to March
31, 2013, and the deadline for reporting
others to March 31, 2015. For easy
reference, we have placed a list of the
data elements in these six subparts that
are assigned to the ‘‘Inputs to Emission
Equations’’ data category in the docket
for today’s action (‘‘Docket EPA–HQ–
OAR–2011–0028 Memo B’’).
The second purpose of this action is
to propose confidentiality
determinations for new data elements
(that are not inputs to equations) added
to subparts II and TT in the Technical
Corrections final rule (76 FR 73886).
Subparts II and TT were originally
finalized in July of 2010. Confidentiality
determinations for the finalized data
elements in these two subparts were
included in the Final CBI Rule;
however, in the Technical Corrections
final rule that was issued after the Final
CBI Rule, certain existing data elements
were revised and certain new data
elements were added. As discussed in
Section I.D of this preamble, the
revisions do not change the information
to be reported and therefore do not
affect the final confidentiality
determinations for those data elements.
However, the Final CBI Rule does not
address the new data elements for these
two subparts. Therefore, we are
proposing confidentiality
determinations in this action for the
new subpart II and TT data elements
added in the Technical Corrections final
rule. The new subpart II and TT data
elements and their proposed category
assignments are listed by data category
in Section IV of this preamble.
The third purpose of this action is to
propose amendments to Table A–6 to
subpart A of Part 98 to reflect
amendments in the Technical
Corrections final rule (76 FR 73886). In
the Technical Corrections final rule,
three new equation inputs are added to
subparts FF and TT. In this action, EPA
is proposing to defer the reporting
deadline for these three equation inputs
to March 31, 2013. As with other
equation inputs, EPA is in the process
of evaluating the sensitivity of these
three equation inputs, and we believe
that we can complete our evaluation
before March 31, 2013, the current
reporting deadline for the equation
inputs listed in Table A–6 of Subpart A.
EPA is therefore proposing to add these
inputs to Table A–6 to require their
reporting by March 31, 2013.
Additionally, in the Technical
Corrections final rule, certain existing
equation inputs were revised, including
three subpart TT equation inputs for
which the section references were renumbered. As discussed further in
Section I.D of this preamble, the
revisions to the equation inputs are
technical or editorial in nature and do
not affect the information to be
collected. However, Table A–6 does not
currently account for the renumerations. Therefore, we are
proposing to revise section references to
the three subpart TT inputs to equations
in Table A–6 as finalized in the
Technical Corrections final rule.
B. Does this action apply to me?
This proposal affects entities required
to submit annual GHG reports under
certain subparts of Part 98. The
Administrator determined that this
action is subject to the provisions of
Clean Air Act (CAA) section 307(d). See
CAA section 307(d)(1)(V) (the
provisions of CAA section 307(d) apply
to ‘‘such other actions as the
Administrator may determine’’). Part 98
and this action affect owners and
operators of fluorinated gas production
facilities, electric power systems,
electrical equipment manufacturing
facilities, carbon dioxide (CO2)
enhanced oil and gas recovery projects,
acid gas injection projects, geologic
sequestration projects, importers and
exporters of pre-charged equipment and
closed-cell foams, industrial wastewater
treatment facilities, underground coal
mines, and industrial waste landfills.
Affected categories and entities include
those listed in Table 1 of this preamble.
TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY
Category
NAICS
Fluorinated Gas Production ..........................................................
Electrical Equipment Use ..............................................................
Electrical Equipment Manufacture or Refurbishment ...................
325120
221121
33531
Importers and Exporters of Pre-charged Equipment and ClosedCell Foams.
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CO2 Enhanced Oil and Gas Recovery Projects ...........................
Acid Gas Injection Projects ...........................................................
Geologic Sequestration Projects ...................................................
Underground Coal Mines ..............................................................
Industrial Wastewater Treatment ..................................................
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443111
423730
326150
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211111 or
211112
N/A
212113
212112
322110
322121
322122
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Examples of affected facilities
Industrial gases manufacturing facilities.
Electric bulk power transmission and control facilities.
Power transmission and distribution switchgear and specialty
transformers manufacturing facilities.
Air-conditioning equipment (except room units) merchant
wholesalers.
Air-conditioning equipment (except motor vehicle) manufacturing.
Motor vehicle air-conditioning manufacturing.
Air-conditioners, room, merchant wholesalers.
Household appliance stores.
Automotive air-conditioners merchant wholesalers.
Polyurethane foam products manufacturing.
Circuit breakers, power, manufacturing.
Circuit breakers merchant wholesalers.
Oil and gas extraction projects using CO2 enhanced recovery.
Projects that inject acid gas containing CO2 underground.
CO2 geologic sequestration projects.
Underground anthracite coal mining operations.
Underground bituminous coal mining operations.
Pulp mills.
Paper mills.
Newsprint mills.
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TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY—Continued
Category
NAICS
Industrial Waste Landfills ..............................................................
Table 1 of this preamble lists the
types of entities that potentially could
be affected by the reporting
requirements under the nine subparts
covered by this proposal. However, this
list is not intended to be exhaustive, but
rather provides a guide for readers
regarding facilities and suppliers likely
to be affected by this action. Other types
of facilities and suppliers not listed in
the table could also be subject to
reporting requirements. To determine
whether you are affected by this action,
you should carefully examine the
applicability criteria found in 40 CFR
part 98, subpart A as well as 40 CFR
part 98 subparts L, DD, FF, II, QQ, RR,
SS, TT, and UU. If you have questions
regarding the applicability of this action
to a particular facility, consult the
person listed in the FOR FURTHER
INFORMATION CONTACT section of this
preamble.
C. What should I consider as I prepare
my comments to EPA?
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1. Submitting CBI
Clearly mark the part or all of the
information that you claim to be CBI.
For CBI information in a disk or CD–
ROM that you mail to EPA, mark the
outside of the disk or CD–ROM as CBI
and then identify electronically within
the disk or CD–ROM the specific
information that is claimed as CBI. In
addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
Information marked as CBI will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or email. Send or
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311611
311411
311421
325193
324110
562212
322110
322121
322122
322130
311611
311411
311421
221320
Examples of affected facilities
Paperboard mills.
Meat processing facilities.
Frozen fruit, juice, and vegetable manufacturing facilities.
Fruit and vegetable canning facilities.
Ethanol manufacturing facilities.
Petroleum refineries.
Solid waste landfills.
Pulp mills.
Paper mills.
Newsprint mills.
Paperboard mills.
Meat processing facilities.
Frozen fruit, juice, and vegetable manufacturing facilities.
Fruit and vegetable canning facilities.
Sewage treatment facilities.
deliver information identified as CBI to
only the mail or hand/courier delivery
address listed above, attention: Docket
ID No. EPA–HQ–OAR–2011–0028.
If you have any questions about CBI
or the procedures for claiming CBI,
please consult the person identified in
the FOR FURTHER INFORMATION CONTACT
section.
2. Tips for Preparing Your Comments
When submitting comments,
remember to:
Identify the rulemaking by docket
number and other identifying
information (e.g., subject heading,
Federal Register date and page number).
Follow directions. EPA may ask you
to respond to specific questions or
organize comments by referencing a
CFR part or section number.
Explain why you agree or disagree,
and suggest alternatives and substitute
language for your requested changes.
Describe any assumptions and
provide any technical information and/
or data that you used.
If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow us to reproduce your estimate.
Provide specific examples to illustrate
your concerns and suggest alternatives.
Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
Make sure to submit your information
and comments by the comment period
deadline identified in the preceding
section titled DATES. To ensure proper
receipt by EPA, be sure to identify the
docket ID number assigned to this
action in the subject line on the first
page of your response. You may also
provide the name, date, and Federal
Register citation.
To expedite review of your comments
by Agency staff, you are encouraged to
send a separate copy of your comments,
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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, email
GHGReportingCBI@epa.gov. You are
also encouraged to send a separate copy
of your CBI information to Carole Cook
at the provided mailing address in the
FOR FURTHER INFORMATION CONTACT
section. Please do not send CBI to the
electronic docket or by email.
II. Background and General Rationale
A. Background
On October 30, 2009, EPA published
the Mandatory GHG Reporting Rule for
collecting information regarding GHGs
from a broad range of industry sectors
(74 FR 56260). Under Part 98 and its
subsequent amendments, certain
facilities and suppliers above specified
thresholds are required to report GHG
information to EPA annually. For
facilities, this includes those that
directly emit GHGs (‘‘direct emitters’’)
and those that geologically sequester or
otherwise inject CO2 underground. For
suppliers, this includes those that
supply certain products that would
result in GHG emissions if released,
combusted, or oxidized (‘‘suppliers’’).
The data to be reported consist of GHG
emission and supply information as
well as other data, including
information necessary to characterize,
quantify, and verify the reported
emissions and supplied quantities. In
the preamble to Part 98, we stated,
‘‘Through a notice and comment
process, we will establish those data
elements that are ‘emissions data’ and
therefore [under CAA section 114(c)]
will not be afforded the protections of
CBI. As part of that exercise, in response
to requests provided in comments, we
may identify classes of information that
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are not emissions data, and are CBI’’ (74
FR 56287, October 30, 2009).
On July 7, 2010, (75 FR 39094) EPA
proposed confidentiality determinations
for Part 98 data elements and proposed
amending EPA’s regulation for handling
CBI to add specific procedures for the
treatment of Part 98 data. The July 7,
2010 CBI proposal proposed
confidentiality status determinations for
the data elements for 31 subparts
included in the 2009 final Part 98 rule
(see 74 FR 56260, October 30, 2009),
four subparts finalized in July 2010 (see
75 FR 39736, July 12, 2010), and seven
new subparts that had been proposed
but not yet finalized as of July 2010 (see
75 FR 18576, 75 FR 18608, and 75 FR
18652, April 12, 2010). The July 7, 2010
CBI proposal also covered proposed
changes to the reporting requirements
for some of the Part 98 subparts
finalized in October 2009. These
changes were proposed in two separate
rulemakings (see 75 FR 18455, April 12,
2010; and 75 FR 33950, June 15, 2010).
On August 11, 2010, EPA published
another proposed amendment to Part 98
to change the description of some
reported data elements and require
reporting of some new data elements for
some of the Part 98 subparts finalized in
October 2009 (75 FR 48744; hereinafter
referred to as the ‘‘August 11, 2010
revisions proposal’’). EPA issued a
supplemental CBI proposal that
proposed confidentiality determinations
for the new and revised data elements
included in the August 11, 2010
revisions notice (75 FR 43889, July 27,
2010; hereinafter referred to as the ‘‘July
27, 2010 supplemental CBI proposal’’).
On May 26, 2011, EPA published the
Final CBI Rule for the data elements in
35 Part 98 subparts that were covered in
the July 2010 proposals, except for those
data elements in the ‘‘Inputs to
Emission Equations’’ data category. In
that final rule, EPA created 22 data
categories (11 for direct emitters and 11
for suppliers) and assigned data
elements in the 35 subparts to
appropriate data categories. For 16 data
categories (eight direct emitter data
categories and eight supplier data
categories), EPA issued a category-based
final CBI determination for all data
elements within the category. For
another five data categories (two direct
emitter data categories and three
supplier data categories), EPA
determined that they are not ‘‘emission
data’’ under CAA section 114(c) and 40
CFR 2.301(a)(2)(i) for purposes of
determining the GHG emissions to be
reported under Part 98. However, for the
reasons explained in the preamble to
that rule, EPA did not make categorical
CBI determination for these five data
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categories but instead evaluated and
determined for individual data elements
in these data categories whether they
qualify as CBI. As a result, each of these
five categories contains both data
elements determined to be CBI and
those determined not to be CBI. As
explained in more detail in Section II.B
of this preamble, we did not take final
action with respect to the data elements
in the remaining one of the 22 data
categories addressed in that rule: the
‘‘Inputs to Emission Equations’’ data
category.
In the May 26, 2011 Final CBI Rule,
EPA did not finalize confidentiality
determinations for the data elements in
five subparts that had been proposed or
re-proposed at the time of the July 7,
2010 CBI proposal (subparts L, DD, QQ,
RR, and SS). EPA finalized those five
subparts and subpart UU 1 in two
separate actions. On December 1, 2010,
we finalized subparts L, DD, QQ, and SS
(75 FR 74774), and subparts RR and UU
(75 FR 75060). As explained in Section
II.D of this preamble, on November 29,
2011, we published the Technical
Corrections final rule that included,
among other things, revisions to some
subpart RR data elements (76 FR 73886).
The six affected subparts are as
follows:
• Subpart L, Fluorinated Gas
Production.
• Subpart DD, Electrical
Transmission and Distribution
Equipment Use.
• Subpart QQ, Importers and
Exporters of Fluorinated Greenhouse
Gases Contained in Pre-charged
Equipment or Closed-cell Foams.
• Subpart RR, Geologic Sequestration
of Carbon Dioxide.
• Subpart SS, Electrical Equipment
Manufacture or Refurbishment.
• Subpart UU, Injection of Carbon
Dioxide.
As explained in more detail in
Section II.C of this preamble, EPA is reproposing confidentiality
determinations for the data elements in
these six subparts.
The Technical Corrections final rule
also contains technical corrections,
clarifying and other amendments for
four additional subparts that were
covered by the Final CBI Rule and the
Final Deferral. As explained in more
detail in Section II.D of this preamble,
1 EPA initially proposed subparts RR and UU as
a single subpart (subpart RR); however, as a result
of public comments on subpart RR, EPA moved all
definitions, requirements, and procedures for
facilities conducting only CO2 injection (without
geologic sequestration) into a new subpart (subpart
UU). Subpart RR retained all definitions,
requirements, and procedures related to facilities
conducting geologic sequestration.
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the revisions to the existing data
elements in these subparts that are not
inputs to emission equations do not
change the information to be collected
and therefore do not affect the
confidentiality determinations made in
the Final CBI Rule. However, the
Technical Corrections final rule also
added new data elements that are not
inputs to emission equations for
subparts II and TT. EPA is proposing
confidentiality determinations in this
action for these new data elements.
As further explained in Section II.D of
this preamble, the revisions to the
existing data elements in these subparts
that are inputs to emission equations do
not change the information to be
collected and therefore generally do not
affect Tables A–6 and A–7 to subpart A
of Part 98, which were finalized in the
Final Deferral to defer the reporting
deadline for inputs to emission
equations to March 31, 2013, and March
31, 2015, respectively. The one
exception is that certain revisions in the
Technical Corrections final rule do renumerate some subpart TT inputs, so
EPA is proposing to amend Table A–6
in this action to reflect this renumeration. The Technical Corrections
final rule also added new data elements
that are inputs to emission equations for
subparts FF and TT. EPA is proposing
to defer the reporting deadline for these
subpart FF and TT inputs to March 31,
2013. To accomplish this, EPA is
proposing to amend Table A–6.
The three affected subparts are as
follows:
• Subpart FF, Underground Coal
Mines.
• Subpart II, Industrial Wastewater
Treatment.
• Subpart TT, Industrial Waste
Landfills.
B. Background on Data Elements in the
‘‘Inputs to Emission Equations’’ Data
Category
EPA received numerous public
comments on the July 7, 2010 CBI
proposal and the July 27, 2010
supplemental CBI proposal. In
particular, EPA received comments that
raised serious concerns regarding the
public availability of data in the ‘‘Inputs
to Emission Equations’’ category. In
light of some of the comments on inputs
to emission equations, EPA took three
concurrent actions, which are as
follows:
• Call for Information: Information on
Inputs to Emission Equations under the
Mandatory Reporting of Greenhouse
Gases Rule, 75 FR 81366 (December 27,
2010).
• Change to the Reporting Date for
Certain Data Elements Required Under
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the Mandatory Reporting of Greenhouse
Gases Rule; Proposed Rule, 75 FR 81350
(December 27, 2010) (‘‘proposed
deferral’’).
• Interim Final Regulation Deferring
the Reporting Date for Certain Data
Elements Required Under the
Mandatory Reporting of Greenhouse
Gases Rule, 75 FR 81338 (December 27,
2010) (‘‘interim final rule’’).
As explained in the proposed deferral
notice, EPA has determined that some of
the comments on inputs to emission
equations ‘‘warrant in-depth evaluation
of the potential impact from the release
of inputs to emission equations, as well
as collection and review of additional
information, that cannot be completed
before the March 31, 2011 reporting
deadline’’ (75 FR 81350, 81353). We
therefore issued the proposed deferral to
defer the reporting deadline for data
elements that are inputs to emission
equations. Because EPA needed time to
complete the deferral rulemaking, EPA
concurrently issued the interim final
rule to defer reporting of inputs to
emission equations to August 31, 2011.2
EPA also concurrently issued the call
for information to collect additional
information that will assist EPA with
the evaluation described above. Please
see the December 27, 2010 notices for
these three actions for further details on
these actions.
On August 25, 2011, EPA published
the Final Deferral (‘‘Change to the
Reporting Date for Certain Data
Elements Required Under the
Mandatory Reporting of Greenhouse
Gases Rule’’; 76 FR 53057). In that
action, EPA deferred the deadline for
direct emitter reporters to report ‘‘Inputs
to Emission Equations’’ data elements.
EPA deferred the deadline for reporting
some of these data elements to March
31, 2013, and others to March 31, 2015.
Data elements with the March 31, 2013,
reporting deadline are identified in
Table A–6 to subpart A and those with
the March 31, 2015, reporting deadline
are identified in Table A–7 to subpart A.
As explained further in Section II.D of
this preamble, the tables in the Final
Deferral do not reflect the changes or
additions to inputs to equations in the
Technical Corrections final rule. EPA is
therefore proposing to amend Table A–
6 to require reporting of the new inputs
by March 31, 2013, and to re-numerate
certain section references as finalized in
the Technical Corrections final rule.
2 The reporting deadline for year 2010 data
required under the Mandatory Reporting of
Greenhouse Gases Rule has since been extended to
September 30, 2011. See 76 FR 14812 (March 18,
2011).
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C. What is the rationale for re-proposing
the CBI determinations for six subparts?
EPA included the data elements in the
proposed subparts L, DD, QQ, RR, and
SS in the July 7, 2010 CBI proposal
because EPA did not anticipate any
significant change to these data
elements when finalizing these
subparts. However, EPA received
comments on these proposed subparts
recommending significant changes to
some of the data elements in these
subparts. In addition, EPA received
numerous comments on the July 7, 2010
CBI proposal requesting another
opportunity to comment on the final set
of data elements in these six subparts
after their promulgation. After the
subparts were promulgated, EPA
evaluated the changes made between
proposal and promulgation. It was clear
that there were significant changes to
the data elements in these subparts
since proposal. There were changes in
the types of data to be submitted, and
new data elements were added. The
changes also included definition
changes and clarifications as well as
technical changes that affected many of
the data reporting categories and data
elements. Further, we split off portions
of the proposed subpart RR and created
a new subpart UU. Given these
significant changes, EPA agreed that an
opportunity to comment on the
confidentiality of data elements in these
final six subparts is warranted. EPA is
therefore re-proposing the
confidentiality determinations for the
data elements in the final six subparts.
Because this is a re-proposal, EPA is
not responding to previous comments
submitted on the July 7, 2010 CBI
proposal relative to the data elements in
these subparts. Although EPA
considered those comments when
developing this re-proposal, we
encourage you to resubmit such
comments to ensure their consideration
and response by EPA in this
rulemaking. In resubmitting previous
comments, please make any necessary
changes to clarify that you are
addressing the re-proposal and add
details as requested above.
D. How does the Technical Revisions
final rule affect this action?
On, November 29, 2011, EPA
finalized technical corrections,
clarifying and other amendments to
subparts W, FF, II, OO, RR, and TT of
Part 98 in the Technical Corrections
final rule (76 FR 73886). The final rule
includes minor wording clarifications
and editorial corrections to 44 data
elements in subpart RR, which do not
change the information to be reported to
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1439
EPA. For example, several subpart RR
data elements were revised to correct a
rule citation, such as from paragraph
(a)(5) to (a)(4). In this action, our
confidentiality determination reproposal includes the 44 data elements
in subpart RR as revised in the
Technical Corrections final rule.
Because the revisions do not change the
information to be collected under this
subpart, we believe that it is appropriate
to propose confidentiality
determinations for these 44 data
elements as finalized in the Technical
Corrections final rule.
The Technical Corrections final rule
similarly includes revisions to
seventeen data elements in subparts FF,
II, OO, and TT that are minor wording
clarifications and editorial corrections.
As mentioned in Section II.B of this
preamble, on May 28, 2011, EPA issued
final confidentiality determinations for
all non-input data elements in 35
subparts in part 98, including these 17
data elements in subparts FF, II, OO,
and TT. The revisions to the 17 data
elements in these four subparts do not
change the information to be reported to
EPA under these requirements and
therefore do not affect the May 26, 2011,
final confidentiality determinations for
these 17 data elements. We are not
addressing these revisions in this action.
In addition to the technical
corrections described above, the
Technical Corrections final rule
includes adding seven new non-input
data elements to subparts II and TT.
Because these new data elements were
finalized after EPA’s issuance of the
final confidentiality determinations for
data elements in subparts II and TT and
therefore not covered by that action, we
are proposing confidentiality
determinations for these seven data
elements in this action. We followed the
same approach to category selection and
confidentiality determinations as was
finalized in the Final CBI Rule and as
is followed for the six subparts in this
action.
The Technical Corrections final rule
also revises 21 existing inputs to
equations in subparts FF, II, and TT.
The revisions do not change the
information to be reported to EPA under
these requirements. For 18 of the 21
inputs, the revisions do not affect the
August 25, 2011, final deferral. For the
other three inputs, however, the
revisions do re-numerate section
references to three subpart TT equation
inputs. These equation inputs were
added in the August 25, 2011, final
deferral to Table A–6 to subpart A of
part 98, which lists by section the
inputs to equations to be reported by
March 31, 2013. We are therefore
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proposing in this action to amend Table
A–6 to re-numerate three subpart TT
equation inputs as finalized in the
Technical Corrections final rule.
Lastly, in the Technical Corrections
final rule, two new equation inputs
were added to subpart FF and one new
equation input was added to subpart
TT. In this action, EPA is proposing to
defer the reporting deadline for these
three equation inputs to March 31, 2013.
As with other equation inputs, EPA is
in the process of evaluating the
sensitivity of these three equation
inputs, and we believe that we can
complete our evaluation before March
31, 2013, the current reporting deadline
for the equation inputs listed in Table
A–6 of Subpart A. EPA is therefore
proposing to add these inputs to Table
A–6 to require their reporting by March
31, 2013. In the Technical Corrections
final rule, we added the two new
subpart FF inputs to equations to the
reporting requirements at 40 CFR
98.326(o). This regulatory paragraph is
already included in Table A–6 to
subpart A for reporting by March 31,
2013, so we are not proposing in this
action to amend Table A–6 to account
for the new subpart FF inputs to
equations. However, the new subpart TT
equation input is not yet included in
Table A–6. We are therefore proposing
in this action to amend Table A–6 to
add it and require its reporting by
March 31, 2013.
III. Re-Proposal of CBI Determinations
for Six Subparts
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A. Overview
We propose to apply categorical
confidentiality determinations made in
the Final CBI Rule to the data elements
in these six subparts that are assigned to
those categories. In this section, we are
requesting comment on two aspects of
this proposal. First, we seek comment
on the proposed data category
assignment for each of these data
elements. Second, for those data
elements assigned to the five data
categories without categorical CBI
determinations, we seek comment on
the individual confidentiality
determinations we are proposing for
these data elements.
In the Final CBI Rule, EPA created 22
data categories and assigned data
elements in 35 subparts to appropriate
data categories. In this re-proposal, EPA
similarly proposes to assign each data
element in the final subparts L, DD, QQ,
RR, SS, and UU to one of 21 data
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categories 3 based on the type and
characteristics of the data element. For
example, data elements that refer to the
amount and composition of raw
material (excluding fuel) consumed as
inputs to the production process have
been assigned to the ‘‘Raw Materials
Consumed That Are Not Inputs to
Emission Equations’’ data category. For
a list of the proposed category
assignments (excluding inputs to
emission equations) for the data
elements in these subparts, please see
the Memorandum entitled ‘‘Docket
EPA–HQ–OAR–2011–0028 Memo A.’’
Because the data categories created in
the Final CBI Rule are sufficient in
scope to cover the data elements in
these six subparts, no new data
categories are being proposed. For a
description of each data category and
the type and characteristics of data
elements assigned to them, please see
Sections II.C and II.D of the July 7, 2010
CBI proposal.
As mentioned earlier in this preamble
and shown in Tables 2 and 3 of this
preamble, in the Final CBI Rule, EPA
made categorical confidentiality
determinations (i.e., one determination
that applies to all data elements in that
category) for 16 data categories (eight
direct emitter data categories and eight
supplier data categories). For the
remaining five data categories (two
direct emitter data categories and three
supplier data categories), EPA
determined that they are not ‘‘emission
data’’ for purposes of determining GHG
emission to be reported under Part 98
data elements but did not make
categorical determinations regarding
their CBI status. The final categorical
determinations described above would
apply to the data elements in the six
subparts that EPA assigns to these
categories through this rulemaking. We
are soliciting comments on the proposed
category assignments for the data
elements in these six subparts. If you
believe that EPA has improperly
assigned certain data elements in these
six subparts to the data categories,
please provide specific comments
identifying which data elements may be
mis-assigned along with a detailed
rationale for why they are not correctly
assigned and in which data category
they belong. In addition, if you believe
that a data element should be assigned
to one of the five categories that do not
have a categorical confidentiality
determination, please also provide
specific comment along with detailed
rationale and supporting information on
whether such data element does or does
not qualify as CBI.
As mentioned above, for five data
categories (two direct emitter data
categories and three supplier data
categories), we determined in the Final
CBI Rule that the data elements assigned
to these data categories are not emission
data for purposes of determining the
GHG emissions to be reported under
Part 98. However, for the reasons stated
in the preambles to the proposed and
the Final CBI Rule, we made final CBI
determinations for individual data
elements assigned to those categories. In
making these individual CBI
determinations, we considered the
confidentiality determination criteria at
40 CFR 2.208, in particular whether
release of the data is likely to cause
substantial harm to the business’s
competitive position. See 40 CFR
2.208(e)(1). Consistent with that
approach, we now propose to determine
for individual data elements in these
five data categories whether they qualify
as CBI. For EPA’s proposed CBI
determinations for these data elements,
please see Section III.B of this preamble
for data elements in the two direct
emitter data categories and Section III.C
of this preamble for data elements in the
three supplier data categories. EPA
seeks comment on the proposed CBI
determinations for the data elements in
these five categories. When submitting a
comment disagreeing with a proposed
determination, please provide detailed
supporting information on why the
individual data element does or does
not qualify as CBI.
Tables 2 and 3 of this preamble
summarize the actions taken in the
Final CBI Rule for 21 of the 22 data
categories created in that notice
(excluding the ‘‘Inputs to Emission
Equations’’ data category).
3 As previously mentioned, this proposal does not
address data elements in the ‘‘Inputs to Emission
Equations’’ data category. For data elements in
these seven subparts that are assigned to the
‘‘Inputs to Emission Equations’’ category, please see
the Memorandum entitled ‘‘[Docket EPA–HQ–
OAR–2011–0028 Memo B].’’
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TABLE 2—SUMMARY OF FINAL CONFIDENTIALITY DETERMINATIONS FOR DIRECT EMITTER DATA CATEGORIES
Confidentiality determination for data elements in each
category
Data category
Emission data a
Facility and Unit Identifier Information .......................................................................
Emissions ...................................................................................................................
Calculation Methodology and Methodological Tier ...................................................
Data Elements Reported for Periods of Missing Data that are Not Inputs to Emission Equations ........................................................................................................
Unit/Process ‘‘Static’’ Characteristics that are Not Inputs to Emission Equations ....
Unit/Process Operating Characteristics that are Not Inputs to Emission Equations
Test and Calibration Methods ...................................................................................
Production/Throughput Data that are Not Inputs to Emission Equations .................
Raw Materials Consumed that are Not Inputs to Emission Equations .....................
Process-Specific and Vendor Data Submitted in BAMM Extension Requests .........
Data that are not
emission data and
not CBI
Data that are not
emission data but
are CBI b
X
X
X
..............................
..............................
..............................
..............................
..............................
..............................
X
..............................
..............................
..............................
..............................
..............................
..............................
..............................
Xc
Xc
X
..............................
..............................
..............................
..............................
Xc
Xc
..............................
X
X
X
a Under CAA section 114(c), ‘‘emission data’’ are not entitled to confidential treatment. The term ‘‘emission data’’ is defined at 40 CFR
2.301(a)(2)(i).
b Section 114(c) of the CAA affords confidential treatment to data (except emission data) that are considered CBI.
c In the Final CBI Rule, this data category contains both data elements determined to be CBI and those determined not to be CBI.
TABLE 3—SUMMARY OF FINAL CONFIDENTIALITY DETERMINATIONS FOR SUPPLIER DATA CATEGORIES
Confidentiality determination for data elements in each
category
Data category
Emission data a
GHGs Reported .........................................................................................................
Production/Throughput Quantities and Composition .................................................
Identification Information ............................................................................................
Unit/Process Operating Characteristics .....................................................................
Calculation, Test, and Calibration Methods ..............................................................
Data Elements Reported for Periods of Missing Data that are Not Related to Production/Throughput or Materials Received ............................................................
Emission Factors .......................................................................................................
Amount and Composition of materials received .......................................................
Data Elements Reported for Periods of Missing Data That are Related to Production/Throughput or Materials Received ..................................................................
Supplier Customer and Vendor Information ..............................................................
Process-Specific and Vendor Data Submitted in BAMM Extension Requests .........
Data that are not
emission data and
not CBI
Data that are not
emission data but
are CBI b
..............................
..............................
..............................
..............................
..............................
Xc
Xc
X
Xc
X
Xc
Xc
..............................
Xc
..............................
..............................
..............................
..............................
X
..............................
..............................
..............................
X
X
..............................
..............................
..............................
..............................
..............................
..............................
X
X
X
a Under CAA section 114(c), ‘‘emission data’’ are not entitled to confidential treatment. The term ‘‘emission data’’ is defined at 40 CFR
2.301(a)(2)(i).
b Section 114(c) of the CAA affords confidential treatment to data (except emission data) that are considered CBI.
c In the Final CBI Rule, this data category contains both data elements determined to be CBI and those determined not to be CBI.
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B. Direct Emitter Data Categories
For direct emitter subparts L, DD,
RR,4 and SS, EPA proposes to assign
each data element to one of 10 direct
emitter data categories. Please see the
Memorandum entitled ‘‘Docket EPA–
HQ–OAR–2011–0028 Memo A’’ for a
list of the data elements in these
subparts and their proposed category
assignment. In the Final CBI Rule, EPA
made categorical confidentiality
determinations for eight direct emitter
data categories. EPA proposes to apply
those final determinations to the data
elements assigned to those categories in
4 Subpart RR is neither a direct emitter nor a
supplier source category. For the purposes of this
action, EPA placed each subpart RR data element
into one of the two categories based on its type and
characteristics.
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this rulemaking. For the data elements
in the two direct emitter data categories
that do not have categorical
confidentiality determinations, we are
proposing on an individual data
element basis whether or not they
qualify as CBI.5
The following two direct emitter data
categories do not have category-based
CBI determinations: ‘‘Unit/Process
‘Static’ Characteristics That are Not
Inputs to Emission Equations’’ and
‘‘Unit/Process Operating Characteristics
5 As mentioned above, EPA determined that data
elements in these two categories are not ‘‘emission
data’’ under CAA section 114(c) and 40 CFR
2.301(a)(2)(i) for purposes of determining the GHG
emissions to be reported under Part 98. That
determination would apply to data elements in
these six subparts assigned to those categories
through this rulemaking.
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That are Not Inputs to Emission
Equations.’’ For these two categories,
EPA evaluated the individual data
elements assigned to these categories to
determine whether individual data
elements qualify as CBI. In the sections
below, EPA explains the data elements
in these two categories by subpart and
states the reasons for proposing to
determine that each does or does not
qualify as CBI under CAA section
114(c). EPA is specifically soliciting
comments on the CBI proposals for data
elements in these two data categories. In
each subpart section below, the data
elements that are part of the annual
GHG report submission are identified in
bulleted lists. Any data elements that
are part of subpart-specific BAMM use
extension requests are discussed but not
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individually listed because they are
repetitive (for example, there are several
data elements that slightly differ by only
a date or equipment type), lengthy, and
numerous. These data elements are
listed individually by data category and
proposed confidentiality determination
in the Memorandum entitled ‘‘Docket
EPA–HQ–OAR–2011–0028 Memo A.’’
In the subpart RR section below, EPA
also identifies in a bulleted list four data
elements for which we considered
multiple approaches to making a CBI
determination and one data element for
which we considered multiple
approaches to making a data category
assignment. We specifically request
comment on the proposed approaches
for these five subpart RR data elements.
1. Subpart L—Fluorinated Gas
Production
The ‘‘Unit/Process ‘Static’
Characteristics That are Not Inputs to
Emission Equations’’ data category.
EPA is proposing to assign one
subpart L data element to the ‘‘Unit/
Process ‘Static’ Characteristics That are
Not Inputs to Emission Equations’’ data
category because it is a basic facilityspecific characteristic that does not vary
with time or with the operations of the
process (and is not an input to an
emission equation). The data element is:
• Location and function of the
stream(s) (including process streams,
emissions streams, and destroyed
streams) that were analyzed under the
initial scoping speciation of fluorinated
GHG at 40 CFR 98.124(a), by process.
(proposed as CBI)
EPA proposes to determine that
disclosure of this data element would
likely result in substantial competitive
harm if released and therefore will be
protected as confidential business
information. EPA finds that this data
element could provide insight into the
manufacturing process and the
configuration of the facility, such as
which process equipment is sending
streams to which process equipment.
This could reveal information about
configuration efficiencies that the
reporter has developed, generally at
great expense and time investment, to
minimize manufacturing cost and to
maximize the manufacturing rate. If a
competitor could review such
information on configuration, the
competitor would be able to adopt the
reporter’s efficiency practices with less
development time and expense and
would gain competitive advantage at the
expense of the reporter’s competitive
advantage. Therefore, EPA finds that
releasing the data element describing
the location and function of the process
streams would likely result in
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substantial competitive harm, and EPA
proposes to determine that this data
element qualifies for protection as
confidential business information.
The ‘‘Unit/process Operating
Characteristics That Are Not Inputs to
Emission Equations’’ data category.
EPA is proposing to assign 23 subpart
L data elements to the ‘‘Unit/process
Operating Characteristics That are Not
Inputs to Emission Equations’’ data
category because they are characteristics
of units, equipment, abatement devices,
and other facility-specific characteristics
that vary over time with changes in
operations and processes (and are not
inputs to emission equations). Twentytwo of these data elements are part of
extension requests for the use of BAMM
and relate to the reasons for a request
and expected dates of compliance with
reporting requirements. One is part of
the annual GHG report and is listed
here:
• Name of all applicable Federal or
State regulations that may apply to the
destruction process.
As discussed in more detail below,
EPA is proposing that seven data
elements in the ‘‘Unit/process Operating
Characteristics That Are Not Inputs to
Emission Equations’’ data category are
CBI. (All seven are part of data elements
included in BAMM use extension
requests.) EPA is proposing to
determine that the other data elements
in the ‘‘Unit/process Operating
Characteristics That Are Not Inputs to
Emission Equations’’ data category are
not CBI.
EPA proposes to determine that the
annual GHG report data element in this
category is not CBI. The Federal and
State regulations that may apply to a
fluorinated GHG destruction process or
device are already part of the public
record as part of the facility’s Title V
operating permit or minor source air
emissions permit. Furthermore, Federal
regulations are published in the CFR
(e.g., Miscellaneous Organic NESHAP is
published at 40 CFR part 63, subpart
FFFF) and State regulations are
similarly published (e.g., the Louisiana
Administrative Code 33: III.501.C.6 is
published in the Louisiana Register).
Because this information is publicly
available it does not qualify for
protection as confidential business
information and will be considered to
be non-CBI.
EPA proposes to determine that seven
of the 22 data elements included in
BAMM use extension requests qualify as
CBI because their disclosure would
likely cause substantial harm to the
reporter’s competitive positions (each
data element and its proposed category
assignment are listed by data category in
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the Memorandum entitled ‘‘Docket
EPA–HQ–OAR–2011–0028, Memo A.’’)
Three of these data elements reveal the
reason for requesting a BAMM
extension and the reason why
equipment was not (or could not be)
installed. EPA has reviewed a number of
BAMM use extension requests and
determined that these three data
elements contain detailed information,
such as process diagrams and
operational information. Process
diagrams and operational information
could provide insight into configuration
efficiencies that the reporter has
developed, generally at great expense
and time investment, to minimize
manufacturing cost and to maximize the
manufacturing rate. If a competitor
could review such information on the
reporter’s configuration, the competitor
would be able to adopt the reporter’s
efficiency practices with less
development time or expense and
would gain competitive advantage at the
expense of the reporter’s competitive
advantage. Therefore, EPA finds that
releasing the reasons for requesting a
BAMM use extension would likely
result in substantial competitive harm,
and EPA proposes to determine that this
information will be treated as
confidential business information.
We also propose to find that four
other data elements that divulge when
an owner or operator will be able to
attain data, equipment, or
measurements to comply with reporting
requirements are eligible for
confidential treatment. These data
elements would reveal information
about the installation date of equipment
and the date of anticipated startup. This
could provide sensitive information
regarding future process shutdowns,
and likely would cause substantial
competitive harm if disclosed because
competitors could use this information
to anticipate and potentially benefit
from future decreases in product
supply. For example, a competitor able
to anticipate the shutdown of a
reporter’s facility and resulting decrease
in product supply, could use this
information to attract customers away
from a reporter by increasing its own
production or could adjust the price of
its own products.
EPA proposes to determine that the
remaining 15 data elements included in
BAMM use extension requests do not
qualify as CBI. These are narrow data
elements that focus on specific reasons
for the BAMM extension, such as proof
of service or equipment backorder,
technical infeasibilities, and conflicting
safety regulations or laws. Additionally,
three of these data elements are
descriptions of how the facility will
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prepare to meet requirements by the end
of the BAMM period. These data
elements do not contain detailed
information, such as process diagrams
and operational information. Rather,
they are information on administrative
activities and regulatory requirements to
which the facility is subject that are not
protected as proprietary by the reporting
facilities. Therefore, EPA proposes to
determine that these are not data
elements the disclosure of which would
likely cause substantial competitive
harm and will not be protected as CBI.
They will be considered non-CBI.
Finally, three of these data elements
are illustrative documentation such as
photographs and engineering diagrams
that demonstrate how access to process
streams, emissions streams, or destroyed
streams could not be gained without
process shutdown. Based on the type of
documentation that EPA has received,
EPA finds that these illustrative
diagrams and photographs sent by
reporters generally do not provide
insight into the reporter’s production
processes or operational efficiencies
because they only show information
that is relevant to the access point in
question and processes immediately
upstream and downstream of that access
point. Therefore, EPA proposes to
determine that disclosure of these data
elements is not likely to cause
substantial competitive harm; therefore,
they do not qualify for protection as CBI
and will be considered to be non-CBI.
EPA is soliciting comments on EPA’s
proposed determinations described
above. When submitting a comment
disagreeing with a proposed
determination, please identify the
specific data element(s) and provide
detailed supporting information on why
EPA’s proposed determination is not
appropriate and why such data
element(s) do or do not qualify as CBI.
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2. Subpart DD—Electrical Transmission
and Distribution Equipment Use
Subpart DD covers facilities that move
electricity rather than produce or
process a product. EPA is proposing to
assign three subpart DD data elements to
the ‘‘Unit/Process ‘Static’ Characteristics
That are Not Inputs to Emission
Equations’’ data category because they
are basic characteristics of equipment
and facility-specific lines that do not
vary with time or with the operations of
the process (and are not inputs to
emission equations). These three data
elements are:
• Nameplate capacity of equipment
containing sulfur hexafluoride (SF6) or
perfluorocarbon (PFC) existing as of the
beginning of the year (excluding
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hermetically sealed-pressure
switchgear).
• Transmission miles (length of lines
carrying voltage at or above 34.5
kilovolt).
• Distribution miles (length of lines
carrying voltages at or below 35
kilovolt).
EPA is proposing that all data
elements in this data category are nonCBI. Nameplate capacity is the
engineered volume of SF6 or PFC
contained in transmission and
distribution equipment. Total nameplate
capacity can vary significantly from
facility to facility depending on the total
number of pieces of equipment used,
the age and manufacture of equipment,
the location of the equipment (e.g.,
urban vs. rural), climatic conditions,
number of transmission or distribution
miles within the facility, etc.
Information about nameplate capacity
does not provide insight into the
performance (ability to transmit or
distribute electricity) or the operational
efficiency for this type of facility that
would likely cause substantial
competitive harm if disclosed.
Therefore, the disclosure of the
nameplate capacity data element is not
likely to cause substantial competitive
harm, and EPA is proposing it as nonCBI.
Moreover, data on transmission and
distribution miles is also publicly
available in the Platts UDI Directory of
Electric Power Producers and
Distributers, 6 which can be purchased
by any interested party. Disclosure of
these data by EPA does not provide any
additional insight into facility-specific
operating conditions or process design
or to any other proprietary or sensitive
information that would give insight for
competitors to gain an advantage over
the reporter. Because this information is
publicly available, EPA proposes to
determine that these data elements are
not confidential; they will be considered
non-CBI.
EPA is soliciting comments on EPA’s
proposed determinations described
above. When submitting a comment
disagreeing with a proposed
determination, please identify the
specific data element(s) and provide
detailed supporting information on why
EPA’s proposed determination is not
appropriate and why such data
element(s) do or do not qualify as CBI.
3. Subpart RR—Geologic Sequestration
of Carbon Dioxide
Subpart RR is neither an exclusively
direct emitter nor a supplier source
6 https://www.platts.com/Products/
electricpowerproducerdirectory.
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1443
category, so for the purposes of this
action EPA assigned each subpart RR
data element to one of the two groups
based on its type and characteristics.
EPA assigned subpart RR data elements
that pertain to surface leakage to one of
the direct emitter data categories and
the remaining subpart RR data elements
to one of the supplier data categories.
For the following five subpart RR data
elements in the direct emitter ‘‘Test &
Calibration Methods’’ data category,
EPA considered multiple approaches to
making a CBI determination:
• ‘‘MRV plans (monitoring, reporting,
and verification) and revised MRV
plans,’’ which must contain, among
other components, the delineation of the
maximum monitoring area and the
active monitoring areas; identification of
potential surface leakage pathways for
CO2 in the maximum monitoring area
and the likelihood, magnitude, and
timing, of surface leakage of CO2
through these pathways; a strategy for
detecting and quantifying any surface
leakage of CO2; a strategy for
establishing the expected baselines for
monitoring CO2 surface leakage; and a
summary of the considerations you
intend to use to calculate site-specific
variables for the mass balance equation.
• Annual monitoring report:
Narrative history of the monitoring
efforts conducted over the previous
calendar year (in annual monitoring
reports).
• Annual monitoring report:
Description of any changes to the
monitoring program that were not
material changes warranting submission
of a revised MRV plan (in annual
monitoring reports).
• Annual monitoring report:
Narrative history of any monitoring
anomalies that were detected in the
previous calendar year and how they
were investigated and resolved (in
annual monitoring reports).
• A request for discontinuation of
reporting must contain either 40 CFR
98.441(b)(2)(i) or (b)(2)(ii): (ii) For all
other wells, and as an alternative for
wells permitted as Class VI under the
Underground Injection Control program,
a demonstration that current monitoring
and model(s) show that the injected CO2
stream is not expected to migrate in the
future in a manner likely to result in
surface leakage.
EPA is proposing to assign these five
data elements to the ‘‘Test & Calibration
Methods’’ data category because they
are information about methods that are
or were used to demonstrate that the
injected CO2 stream is not expected to
migrate in the future in a manner likely
to result in surface leakage. For these
five data elements, EPA considered
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deviating from the determination that
all data elements in the ‘‘Test &
Calibration Methods’’ category are not
entitled to CBI treatment. We evaluated
whether the level of detail and
information in these documents will
vary so much from reporter to reporter
based on site-specific conditions that a
confidentiality determination cannot be
made until the material is submitted
and closely evaluated by EPA on a caseby-case basis. For the ‘‘MRV plans and
revised MRV plans’’ data element, EPA
further evaluated whether some specific
elements, methods, or supportive
material are entitled to CBI treatment or
require case-by-case evaluation so that
they should be broken out as their own
data elements. Having considered these
approaches, we nonetheless find that
disclosure by EPA of the details in these
five data elements would not provide
insight to competitors about proprietary
information. These data elements reveal
information about monitoring
techniques for which information is
publicly available in the scientific
community about their effectiveness,
such as in conference papers and peer
reviewed journal articles.7 The ‘‘MRV
plans and revised MRV plans’’ data
element does not contain the monitoring
results that are obtained after
implementation of the MRV plan, or
project information the disclosure of
which is likely to cause substantial
competitive harm. For the
discontinuation of reporting data
element, the reporter will not submit
this information to EPA until after the
injection has ceased and the well or
group of wells have been plugged or
abandoned, and thus the public
availability upon EPA’s release of this
information is not likely to cause
substantial harm to the reporter’s
competitive position. Therefore, we are
proposing that the five data elements
listed above merit the same
confidentiality determination as the
other data elements in the ‘‘Test &
Calibration Methods’’ data category (not
CBI).
We seek comment on this
determination and any rationale for or
against this approach. EPA notes that
until this action is finalized, EPA will
make case-by-case confidentiality
determinations for materials submitted
to EPA under subpart RR, including
‘‘MRV plans and revised MRV plans.’’
For the following subpart RR data
element in the ‘‘Calculation
Methodology and Methodological Tier’’
data category, EPA considered multiple
7 For example, see papers from the International
Conference on Greenhouse Gas Control
Technologies.
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approaches to making a data category
assignment:
• Annual monitoring report: A
description of any surface leakages of
CO2, including a discussion of all
methodologies and technologies
involved in detecting and quantifying
the surface leakages and any
assumptions and uncertainties involved
in calculating the amount of CO2
emitted.
EPA considered assigning this data
element to the ‘‘Calculation
Methodology and Methodological Tier’’
data category, and EPA considered
assigning it to the ‘‘Test & Calibration
Methods’’ category, as was done with
the other annual monitoring report data
elements, and either following the
category-wide non-CBI determination or
making a CBI determination on a caseby-case basis once the material is
submitted and closely evaluated by
EPA. Having considered these options,
we ultimately determined that this data
element provides the methodologies,
technologies, and assumptions used by
reporters to calculate the mass of CO2
emitted from surface leakage. Therefore,
we are proposing to assign the data
element to the ‘‘Calculation
Methodology and Methodological Tier’’
data category, which is limited to data
elements that EPA has determined to be
‘‘emission data’’ under CAA section
114(c) and 40 CFR 2.301(a)(2)(i) for
purposes of determining the GHG
emissions to be reported under Part 98
and therefore not entitled to
confidential treatment. We seek
comment on this determination and any
rationale for or against this approach.
4. Subpart SS—Electrical Equipment
Manufacture or Refurbishment
EPA is not proposing to assign any
subpart SS data elements to the ‘‘Unit/
process Static Characteristics That are
Not Inputs to Emission Equations’’ or
the ‘‘Unit/process Operating
Characteristics That are Not Inputs to
Emission Equations’’ data category.
The subpart SS data elements are
listed individually by data category and
proposed confidentiality determination
in the Memorandum entitled ‘‘Docket
EPA–HQ–OAR–2011–0028 Memo A.’’
C. GHG Supplier Data Categories
For supplier subparts QQ, RR, and
UU,8 EPA is assigning each data
8 Subparts RR and UU are neither exclusively
direct emitter nor supplier source categories. For
the purposes of this action, EPA placed each
subpart RR data element into one of the two
categories based on its type and characteristics. EPA
placed all subpart UU data elements into the
supplier source category based on their type and
characteristics.
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element to one of eleven supplier data
categories. For the data elements in
three data categories, we are proposing
whether or not each separate data
element is entitled to confidential
treatment.
As mentioned above in Section III.B
of this preamble, for the eight data
categories with category-based final
determinations, EPA will apply these
determinations to all the data elements
assigned to those categories from the six
subparts. EPA’s rationale for the final
CBI determination can be found in the
preamble to the Final CBI Rule (76 FR
30782). For a list of the proposed
category assignments (excluding inputs
to emission equations) for the data
elements in these subparts, please see
the Memorandum entitled ‘‘Docket
EPA–HQ–OAR–2011–0028 Memo A.’’
With respect to the three supplier data
categories that have been determined
not to be emission data but do not have
category based confidentiality
determinations (‘‘GHGs Reported,’’
‘‘Production/Throughput Quantities and
Composition,’’ and ‘‘Unit/Process
Operating Characteristics’’), EPA
evaluated the individual data elements
in the six subparts assigned to these
categories to determine whether they
qualify as CBI. In the sections below,
EPA lists the data elements in the three
categories by subpart and states the
reasons for proposing to determine that
these data elements do or do not qualify
for protection as CBI under Freedom of
Information Act (FOIA) exemption 4,
CAA section 114(c), and EPA
regulations at 40 CFR 2.208 and 2.301.
EPA is emphasizing that we request
comment on these proposals.
1. Subpart QQ—Importers and Exporters
of Fluorinated Greenhouse Gases
Contained in Pre-Charged Equipment or
Closed-Cell Foams
EPA is proposing to assign 10 data
elements to the ‘‘GHGs Reported’’ data
category because they are the actual
GHGs reported as imported or exported.
Five of the data elements are for
importers and five are for exporters. The
importer and exporter data elements are
identical except for whether they are
specific to importers or exporters, so we
have combined the analogous data
elements in the five bullets in the list
below to reduce repetition. Note that all
10 data elements represented in this
specific case are also in the
‘‘Production/Throughput Quantities and
Composition’’ data category because the
GHG reported is also the product being
imported or exported.9
9 Where a data element is included in more than
one data category, we are proposing the same CBI
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• Total mass of each fluorinated
greenhouse gas (F–GHG) imported/
exported in pre-charged equipment or
closed-cell foams.
• Identity of imported/exported F–
GHG used as a refrigerant or electrical
insulator.
• Identity of the imported/exported
F–GHG contained in the closed-cell
foam in each appliance.
• Identity of the imported/exported
F–GHG in the foam.
• If the importer/exporter does not
know the identity and mass of the
fluorinated GHGs within the closed-cell
foam: Total mass in metric tons of CO2e
of the fluorinated GHGs imported/
exported in closed-cell foams.
EPA is proposing to assign 30 data
elements to the ‘‘Production/
Throughput Quantities and
Composition’’ data category because
they refer to the composition and
quantities of the products imported and
exported. Ten of the data elements are
in the ‘‘GHGs Reported’’ data category
list above because the product imported
or exported is also the GHG reported;
they are not repeated in the list below.
For the other 20 data elements in this
data category, the 10 importer data
elements and 10 exporter data elements
are identical except for whether they are
specific to importers or exporters.
Therefore, we have combined the
analogous data elements in the 10
bullets in the list below to reduce
repetition.
• Charge size (holding charge, if
applicable) for each type of pre-charged
equipment imported/exported.
• Number of pre-charged equipment
imported/exported.
• Mass of the imported/exported F–
GHG contained in the foam in each
appliance.
• Number of appliances imported/
exported.
• Density of the imported/exported
F–GHG in the foam.
• Volume of foam imported/exported.
• If the importer/exporter does not
know the identity and mass of the
fluorinated GHGs within the closed-cell
foam: For closed-cell foams that are
imported/exported inside of appliances,
the mass of the fluorinated GHGs in
CO2e contained in the foam in each
appliance.
• If the importer/exporter does not
know the identity and mass of the
fluorinated GHGs within the closed-cell
foam: For closed-cell foams that are
imported/exported inside of appliances,
the number of appliances imported/
exported for each type of appliance.
determination for that data element in both
categories.
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• If the importer/exporter does not
know the identity and mass of the
fluorinated GHGs within the closed-cell
foam: For closed-cell foams that are not
imported/exported inside of appliances,
the mass in CO2e of the fluorinated
GHGs in the foam.
• If the importer/exporter does not
know the identity and mass of the
fluorinated GHGs within the closed-cell
foam: For closed-cell foams that are not
imported/exported inside of appliances,
the volume of foam imported/exported
for each type of closed-cell foam.
For subpart QQ, EPA is proposing that
all data elements in the ‘‘GHGs
Reported’’ and ‘‘Production/Throughput
Quantities and Composition’’ data
categories be considered CBI. These data
categories contain importer- and
exporter-level production information
(mass, volume, density, quantity, or
identity of the equipment or foam or
fluorinated gas within the equipment or
foam), reported separately for precharged equipment, closed-cell foam,
and for appliances that contain closedcell foam. EPA proposes to determine
that these importer- and exporter-level
product-specific GHG data are to be
considered CBI because the disclosure
of these data elements would likely
cause substantial harm to the
competitive positions of businesses
reporting these data. Releasing these
data could be detrimental to the
operational and marketing strategies of
the reporting parties, as explained in the
following example.
The disclosure of the volume of foam
or the count of appliances or equipment
exported provides insight into a firm’s
market share and financial performance.
For example, product import or export
data could reveal whether a U.S. firm is
experiencing rapid growth or decline in
market share. Competitors could use
such data to gain a competitive
advantage over another firm by better
approximating a firm’s market share.
Competitors may be able to drive
struggling reporters out of business by
implementing short-term price-cutting
tactics. In many cases, an accurate
estimate of the market share of a firm is
difficult to procure, and the disclosure
of such information through the GHG
Reporting Rule could harm the
competitive position of reporting
parties. As previously noted, EPA is
proposing that all data elements in these
two data categories (‘‘GHGs Reported’’
and ‘‘Production/Throughput Quantities
and Composition’’) are to be considered
CBI. EPA is soliciting comments on
EPA’s proposed determinations
described above. When submitting a
comment disagreeing with a proposed
determination, please identify the
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specific data element(s) and provide
detailed supporting information on why
EPA’s proposed determination is not
appropriate and why such data
element(s) do or do not qualify as CBI.
EPA is proposing to assign eight data
elements to the ‘‘Unit/Process Operating
Characteristics’’ data category because
they refer to the operating
characteristics of the supplier, such as
dates of shipment. Four data elements
are for importers and four are for
exporters. The importer and exporter
data elements are identical except for
whether they relate to imports or
exports, so only four bullets appear in
the list below to reduce repetition.
• Dates on which pre-charged
equipment were imported/exported.
• Dates on which closed-cell foams
were imported/exported.
• If the importer/exporter does not
know the identity and mass of the
fluorinated GHGs within the closed-cell
foam: Dates on which the closed-cell
foams were imported/exported.
• If the importer/exporter does not
know the identity and mass of the
fluorinated GHGs within the closed-cell
foam: Certification that the importer/
exporter was unable to obtain
information on the identity and mass of
the fluorinated GHGs within the closedcell foam from the closed-cell foam
manufacturer or manufacturers.
EPA is proposing that all data
elements in this data category are nonCBI. As explained below, EPA finds that
the release of these data will not likely
cause substantial competitive harm.
Releasing a certification about the
ability to obtain information would not
likely cause substantial competitive
harm because certification statements
are general in nature, do not provide
any insight into the design or operation
efficiencies of the plant, and do not
reveal other competitive information
(e.g., market share, ability to increase
production to meet new increases in
demand, or price structures). Moreover,
certification statements will consist of
only the language that EPA publicly
provides in the data reporting tool and
will not include any facility- or processspecific information that could be
considered proprietary. Therefore, EPA
proposes that certification statements
are not CBI.
The other subpart QQ data elements
in this data category are dates of import
or export. Dates do not reveal
information related to the type or
quantity of product imported or
exported, or to the operational strengths
or weaknesses, operational capacity, or
customer base of the reporter. Dates of
import or export would not likely cause
substantial competitive harm if released
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because dates do not provide any
insight into at what percent of capacity
a firm is operating or into financial
performance, the release of which might
allow competitors to implement shortterm price cutting tactics to capture the
reporter’s market share. Therefore, EPA
proposes that these data elements, the
date of the import or export, are not
eligible for confidential treatment and
will be considered non-CBI.
EPA is soliciting comments on EPA’s
proposed determinations described
above. When submitting a comment
disagreeing with a proposed
determination, please identify the
specific data element(s) and provide
detailed supporting information on why
EPA’s proposed determination is not
appropriate and why such data
element(s) do or do not qualify as CBI.
2. Subpart RR—Geologic Sequestration
of Carbon Dioxide
Subpart RR is neither a direct emitter
nor a supplier source category, so for the
purposes of this action EPA assigned
each subpart RR data element to one of
the two groups based on its type and
characteristics. EPA assigned subpart
RR data elements that pertain to surface
leakage to one of the direct emitter data
categories and the remaining subpart RR
data elements to one of the supplier data
categories.
EPA is proposing to assign nine data
elements to the ‘‘GHGs Reported’’ data
category because they are the actual
GHGs reported. Note that all nine of the
data elements in this specific case are
also in the ‘‘Production/Throughput
Quantities and Composition’’ data
category because the GHG reported is
also the product being used as a
throughput.10
• If you receive CO2 by pipeline,
report the following for each receiving
flow meter: Total net mass of CO2
received (metric tons) annually.
• If you receive CO2 in containers,
report: The net mass of CO2 received (in
metric tons) annually.
• If you use more than one receiving
flow meter, report the total net mass of
CO2 received (metric tons) through all
flow meters annually.
• For each injection flow meter (mass
or volumetric), report: The mass of CO2
injected annually.
• Total CO2 injected during the
reporting year as calculated in Equation
RR–6.
• For each separator flow meter (mass
or volumetric), report: CO2 mass
produced (metric tons) annually.
10 Where a data element is included in more than
one data category, we are proposing the same CBI
determination for that data element in both
categories.
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• Annual CO2 produced in the
reporting year, as calculated in Equation
RR–9.
• Annual CO2 sequestered in the
subsurface geologic formations in the
reporting year, as calculated by
Equation RR–11 or RR–12.
• Cumulative mass of CO2 reported as
sequestered in the subsurface geologic
formations in all years since the well or
group of wells became subject to
reporting requirements under subpart
RR.
EPA is proposing to assign 26 data
elements to the ‘‘Production/
Throughput Quantities and
Composition’’ data category because
they refer to the quantities and
composition of CO2 produced and used
as throughput at the site. Note that nine
of the data elements in this specific case
are in the ‘‘GHGs Reported’’ data
category list above because the GHG
reported is also the product being used
as a throughput. They are not repeated
in the list below. Furthermore, five data
elements about mass flow meters and
five data elements about volumetric
flow meters are identical except for
whether they are specific to mass or
volumetric meters. Therefore, we have
combined the 10 analogous data
elements into five bullets in the list
below to reduce repetition. The
remaining seven data elements that EPA
proposes to assign to this data category
each appear in the list below under an
individual bullet.
• For submissions in support of an
R&D project exemption from reporting
under subpart RR: Planned annual CO2
injection volumes during this time
period.
• If a volumetric/mass flow meter is
used to receive CO2, report the
following unless you reported yes to 40
CFR 98.446(a)(4): Volumetric/mass flow
through a receiving flow meter at
standard conditions in each quarter.
• If a volumetric/mass flow meter is
used to receive CO2, report the
following unless you reported yes to 40
CFR 98.446(a)(4) of this section: The
volumetric/mass flow through a
receiving flow meter that is redelivered
to another facility without being
injected into your well in each quarter.
• If a volumetric/mass flow meter is
used to receive CO2, report the
following unless you reported yes to 40
CFR 98.446(a)(4) of this section: CO2
concentration in the flow in each
quarter.
• If you receive CO2 in containers,
report: The mass (in metric tons) or
volume at standard conditions (in
standard cubic meters) of contents in
containers in each quarter.
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• If you receive CO2 in containers,
report: The concentration of CO2 of
contents in containers (volume or
weight percent CO2 expressed as a
decimal fraction) in each quarter.
• If you receive CO2 in containers,
report: The mass (in metric tons) or
volume (in standard cubic meters) of
contents in containers that is
redelivered to another facility without
being injected into your well in each
quarter.
• For each injection flow meter (mass
or volumetric), report: CO2
concentration in flow (volume or weight
percent CO2 expressed as a decimal
fraction) in each quarter.
• For each injection flow meter,
report: If a volumetric/mass flow meter
is used, the volumetric/mass flow rate at
standard conditions in each quarter.
• For each separator flow meter (mass
or volumetric), report: CO2
concentration in flow (volume or weight
percent CO2 expressed as a decimal
fraction) in each quarter.
• If a volumetric/mass separator flow
meter is used, volumetric/mass flow rate
at standard conditions in each quarter.
• The entrained CO2 in produced oil
or other fluid divided by the CO2
separated through all separators in the
reporting year (weight percent CO2
expressed as a decimal fraction) used as
the value for X in Equation RR–9 and as
determined according to your EPAapproved MRV plan.
EPA proposes that all data elements
in these two data categories (‘‘GHGs
Reported’’ and ‘‘Production/Throughput
Quantities’’) are not CBI. As explained
below, EPA finds that the release of
these data will not likely cause
substantial competitive harm.
Six of the data elements are facilitylevel and flow meter-level information
on the quantity of CO2 injected. The six
data elements are available from
Underground Injection Control (UIC)
permits, which are issued for each
injection well by EPA or by States that
have assumed primary enforcement
authority for permitting injection wells.
Information related to the permits is
reported to EPA or States at least
annually and made available to the
public either through State Web sites or
upon request from the public. Because
this information is routinely publicly
available, EPA finds that further
disclosure of data elements on CO2
injection is not likely to cause
substantial competitive harm to the
reporter, and EPA proposes to
determine that this information will not
be treated as confidential; rather it will
be considered non-CBI.
Six of the data elements are facilitylevel and flow meter-level information
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on the quantity of CO2 produced. The
reporters that are required to include
this information in their annual reports
inject CO2 underground into oil or
natural gas reservoirs through injection
wells for the purpose of increasing
crude oil production or enhancing
recovery of natural gas, and the CO2 is
then produced with oil and gas. State oil
and gas conservation agencies in all
States where enhanced oil and gas
recovery is occurring collect
information on quantities of oil and gas
produced by well to calculate royalties.
This information is reported to EPA or
States at least annually and made
available to the public either through
State Web sites or upon request from the
public. Moreover, incremental oil
production from CO2 injection is
published in the biannual Oil & Gas
Journal Enhanced Oil Recovery
survey.11 Given the present level of
reporting of production in the EOR
industry just described (i.e., information
is made publicly available by States and
in the biannual industry reports), EPA
finds that CO2 production information
does not provide additional insight into
any aspect of operations the release of
which might undercut any competitive
advantage that the reporter may enjoy.
Because this information is publicly
available, EPA proposes to determine
that this information will not be treated
as confidential; rather, it will be
considered to be non-CBI.
Subpart RR facilities must report
annual mass of CO2 sequestered in the
subsurface geologic formations in the
reporting year, as calculated by
Equation RR–11 or RR–12. These values
are calculated from CO2 injection,
production, and emission data using a
mass balance approach. As discussed
above in this section, CO2 injection and
CO2 production data are already
publicly available. In addition, CO2
emission data are emission data and
must be made publicly available. As a
result, the quantity of CO2 sequestered
can be calculated from data that are
already publicly available. Because this
information may be readily derived
from information already publicly
available, EPA has determined that its
release of the reported mass of CO2
sequestered would not likely cause
substantial competitive harm. For these
reasons, EPA proposes to determine that
this information is not eligible for
confidential treatment and will be
considered to be non-CBI.
Twelve of the data elements are
facility-level and flow meter-level
information on the quantity of CO2
11 Worldwide Enhanced Oil Recovery Survey.
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received. None of the data elements on
CO2 received includes information on
CO2 prices or contract terms, such as
information on the concentration of
other incidental substances in the CO2
stream, the disclosure of which could
allow competitors to ascertain the
relative strength of their market position
and to identify sources of competitive
advantage (or disadvantage) among
competitors. The data elements also do
not include information that would
allow a competitor to deduce the
reporter’s operating costs.
Moreover, as an example, for a facility
where the CO2 received is wholly
injected and is not mixed with any other
supply of CO2, such as a geologic
sequestration project at a deep saline
formation, the reporter may report the
quantity of CO2 injected as the quantity
of CO2 received. This amount can be
determined from information that is
reported at least annually as part of a
facility’s UIC permit and made available
to the public either through State Web
sites or upon request from the public.
For the reasons described in this
paragraph, EPA finds that releasing the
12 data elements on CO2 received would
not likely result in substantial
competitive harm, and EPA proposes to
determine that this information does not
qualify for confidential treatment and
will be considered to be non-CBI.
EPA is proposing to assign nine data
elements to the ‘‘Unit/Process Operating
Characteristics’’ data category because
they refer to the operating
characteristics of the site, such as
project duration and CO2 source.
• For submissions in support of a
research and development (R&D) project
exemption from reporting under subpart
RR: The planned duration of CO2
injection for the project.
• For submissions in support of an
R&D project exemption from reporting
under subpart RR: The research
purposes of the project.
• For submissions in support of an
R&D project exemption from reporting
under subpart RR: The source and type
of funding for the project.
• For submissions in support of an
R&D project exemption from reporting
under subpart RR: The class of the
underground injection control permit.
• For submissions in support of an
R&D project exemption from reporting
under subpart RR: The duration of the
underground injection control permit.
• For submissions in support of an
R&D project exemption from reporting
under subpart RR: For an offshore
facility not subject to Safe Drinking
Water Act, a description of the legal
instrument authorizing geologic
sequestration.
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• Source of the CO2 received
according to the following categories:
CO2 production wells, electric
generating unit, ethanol plant, pulp and
paper mill, natural gas processing,
gasification operations, other
anthropogenic source, CO2 received
from a discontinued enhanced oil and
gas recovery project, and unknown.
• For each injection flow meter,
report the location of the flow meter.
• If a well is permitted by an
Underground Injection Control program,
report: Underground Injection Control
permit class.
EPA is proposing that all data
elements in this data category are nonCBI. As explained below, EPA finds that
the release of these data will not likely
cause substantial competitive harm.
Five of these data elements include
basic information on the legal
instrument authorizing geologic
sequestration. For a facility permitted by
the UIC program under authority of the
Safe Drinking Water Act, information on
the class and duration of the permit is
routinely publicly available in the UIC
permit. For an offshore facility that is
not subject to the Safe Drinking Water
Act and therefore does not need a UIC
permit, the facility would be subject to
other statutory authority authorizing the
facility to conduct geologic
sequestration. Since these five data
elements contain public information,
EPA finds that their release by EPA is
not likely to cause substantial
competitive harm; they do not qualify
for confidential treatment and will be
considered to be non-CBI.
Three of these data elements are
information on an R&D project’s
planned duration, purpose, source of
funding, and type of funding. These
data elements do not include the
amount of funding received. They do
not provide insight into the costs of
sequestering CO2 at the facility, the
disclosure of which could allow
competitors to ascertain the relative
strength of their market position and to
identify sources of competitive
advantage (or disadvantage) among
competitors. For many existing R&D
projects, information in these three data
elements is already publicly available.
For example, the Department of Energy
National Energy Technology Laboratory
publishes information on its Web site
about the Regional Carbon Sequestration
Partnership projects that it funds.12
These projects also participate in public
conferences at which they present
papers about their projects and findings.
Since this information is of the same
12 https://www.netl.doe.gov/technologies/carbon_
seq/partnerships/RCSP_ProjectDescriptions.html.
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nature for all projects, EPA finds that
publication of such information by some
projects demonstrates that disclosure of
equivalent information for all projects is
not likely to cause substantial harm.
Therefore, EPA proposes to determine
that this information is not eligible for
confidential treatment; it will be
considered to be non-CBI.
The data element related to the source
of CO2 received identifies the type of
source that supplied the facility with
CO2 in the reporting year, such as an
ethanol plant. This data element does
not include information that would
identify a specific facility or company
that supplies the CO2 to the reporter, or
the amount of CO2 provided by each
supplier. This data element does not
include information on CO2 prices or
contract terms, the disclosure of which
could allow competitors to ascertain the
relative strength of their market position
and to identify sources of competitive
advantage (or disadvantage) among
competitors. Since revealing this data
element does not provide competitors
with an advantage, EPA proposes to
determine that it is not eligible for
confidential treatment and will be
considered to be non-CBI.
EPA is soliciting comments on EPA’s
proposed determinations described
above. When submitting a comment
disagreeing with a proposed
determination, please identify the
specific data element(s) and provide
detailed supporting information on why
EPA’s proposed determination is not
appropriate and why such data
element(s) do or do not qualify as CBI.
3. Subpart UU—Injection of Carbon
Dioxide
EPA first proposed in a single subpart
RR the reporting requirements that are
now divided between final subparts RR
and UU. EPA moved all definitions,
requirements, and procedures for
facilities conducting only CO2 injection
into a new subpart (subpart UU).
Subpart RR retains all definitions,
requirements, and procedures related to
facilities conducting geologic
sequestration. The explanation and a
summary of major changes since
proposal appear in the final subparts RR
and UU promulgation notice (75 FR
75060, December 1, 2010). Subpart UU
is neither a direct emitter nor a supplier
source category, so for the purposes of
this action EPA assigned the subpart UU
data elements to one of the supplier data
categories because they are most similar
in type and characteristics to supplier
data.
EPA is proposing to assign three data
elements to the ‘‘GHGs Reported’’ data
category because they are the actual
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GHGs reported. Note that all three of the
data elements in this specific case are
also in the ‘‘Production/Throughput
Quantities and Composition’’ data
category because the GHG reported is
also the GHG being used as a
throughput.13
• If you receive CO2 by pipeline,
report the following for each receiving
flow meter: Total net mass of CO2
received (metric tons) annually.
• If you receive CO2 in containers,
report: The net total mass of CO2
received (in metric tons) annually.
• If you use more than one receiving
flow meter, report the net total mass of
CO2 received (metric tons) through all
flow meters annually.
EPA is proposing to assign 12 data
elements to the ‘‘Production/
Throughput Quantities and
Composition’’ data category because
they refer to the quantities and
composition of CO2 used as throughput
at the site. Note that three of the data
elements in this specific case are in the
‘‘GHGs Reported’’ data category list
above because the GHG reported is also
the GHG being used as a throughput.
They are not repeated in the list below.
Furthermore, three data elements about
mass flow meters and three data
elements about volumetric flow meters
are identical except for whether they are
specific to mass or volumetric meters.
Therefore, we have combined the six
analogous data elements into three
bullets in the list below to reduce
repetition. The remaining three data
elements that EPA proposes to assign to
this data category also appear in the list
below.
• If you receive CO2 by pipeline,
report the following for each receiving
flow meter: If a volumetric/mass flow
meter is used to receive CO2:
Volumetric/mass flow through a
receiving flow meter at standard
conditions in each quarter.
• If you receive CO2 by pipeline,
report the following for each flow meter:
If a volumetric/mass flow meter is used
to receive CO2: The volumetric/mass
flow through a receiving flow meter that
is redelivered to another facility without
being injected into your well in each
quarter.
• If you receive CO2 by pipeline,
report the following for each receiving
flow meter: If a volumetric/mass flow
meter is used to receive CO2: CO2
concentration in the flow in each
quarter.
• If you receive CO2 in containers,
report: The mass (in metric tons) or
13 Where a data element is included in more than
one data category, we are proposing the same CBI
determination for that data element in both
categories.
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volume at standard conditions (in
standard cubic meters) of contents in
containers in each quarter.
• If you receive CO2 in containers,
report: The concentration of CO2 of
contents in containers (volume or
weight percent CO2 expressed as a
decimal fraction) in each quarter.
• If you receive CO2 in containers,
report: The mass (in metric tons) or
volume (in standard cubic meters) of
contents in containers that is
redelivered to another facility without
being injected into your well in each
quarter.
EPA proposes that all data elements
in these two data categories (‘‘GHGs
Reported’’ and ‘‘Production/Throughput
Quantities’’) are not CBI. These data
elements are facility-level and flow
meter-level data for CO2 received.
None of the data elements on CO2
received includes information on CO2
prices or contract terms, such as
information on the concentration of
other incidental substances in the CO2
stream, the disclosure of which could
allow competitors to ascertain the
relative strength of their market position
and to identify sources of competitive
advantage (or disadvantage) among
competitors. The data elements also do
not include information that would
allow a competitor to deduce the
reporter’s operating costs. Moreover, for
a facility where the CO2 received is
wholly injected and is not mixed with
any other supply of CO2, such as a
geologic sequestration project at a deep
saline formation, the reporter may
report the quantity of CO2 injected as
the quantity of CO2 received. This
amount can be determined from
information that is reported at least
annually as part of a facility’s UIC
permit and made available to the public
either through State Web sites or upon
request from the public.
For these reasons, EPA finds that
releasing the 12 data elements on CO2
received would not likely result in
substantial competitive harm, and EPA
proposes to determine that this
information does not qualify for
confidential treatment and will be
considered to be non-CBI.
EPA is proposing to assign one data
element to the ‘‘Unit/Process Operating
Characteristics’’ data category because it
refers to an operating characteristic of
the site.
• Source of the CO2 received
according to the following categories:
CO2 production wells, electric
generating unit, ethanol plant, pulp and
paper mill, natural gas processing,
gasification operations, other
anthropogenic source, discontinued
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enhanced oil and gas recovery project,
and unknown.
The data element related to the source
of CO2 received identifies the type of
source that supplied the facility with
CO2 in the reporting year, such as an
ethanol plant. This data element does
not include information that would
identify a specific facility or company
that supplies the CO2 to the reporter, or
the amount of CO2 provided by each
supplier. This data element does not
include information on CO2 prices or
contract terms, the disclosure of which
could allow competitors to ascertain the
relative strength of their market position
and to identify sources of competitive
advantage (or disadvantage) among
competitors. EPA finds that the release
by EPA of the data element related to
the source of CO2 received is not likely
to cause substantial competitive harm,
and EPA proposes to determine that it
does not qualify for confidential
treatment; it will be considered to be
non-CBI.
EPA is soliciting comments on EPA’s
proposed determinations described
above. When submitting a comment
disagreeing with a proposed
determination, please identify the
specific data element(s) and provide
detailed supporting information on why
EPA’s proposed determination is not
appropriate and why such data
element(s) do or do not qualify as CBI.
D. Commenting on the Proposed
Confidentiality Determinations and
Data Category Assignments
By making confidentiality
determinations prior to data reporting
through this proposal and rulemaking
process, potential reporters are able to
submit comments identifying data they
consider sensitive and provide the
rationales and supporting
documentation they would otherwise
submit for case-by-case confidentiality
determinations. We seek comment on
the confidentiality status of data
elements in two direct emitter data
categories (‘‘Unit/Process ‘Static’
Characteristics That are Not Inputs to
Emission Equations’’ and ‘‘Unit/Process
Operating Characteristics That are Not
Inputs to Emission Equations’’) and
three supplier data categories (‘‘GHGs
Reported,’’ ‘‘Production/Throughput
Quantities and Composition,’’ and
‘‘Unit/Process Operating
Characteristics’’). We will evaluate
claims of confidentiality before
finalizing the proposed confidentiality
determinations; however, this will be
your only opportunity to substantiate
your confidentiality claim. Where we
make confidentiality determinations
prior to data reporting through this
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proposal and rulemaking process, you
will not be able to claim separately that
certain data that has already been
categorized as data to be released are
CBI when you submit those data as part
of a GHG emissions report under Part
98.
Please consider the following
instructions in submitting comments on
the data elements in these six subparts.
Please identify each individual data
element you do or do not consider to be
CBI or emission data in your comments.
Please explain specifically how the
public release of that particular data
element would or would not cause a
competitive disadvantage to a facility.
Discuss how this data element may be
different from or similar to data that are
already publicly available. Please
submit information identifying any
publicly available sources of
information containing the specific data
elements in question, since data that are
already available through other sources
would not be CBI. In your comments,
please identify the manner and location
in which each specific data element you
identify is available, including a
citation. If the data are physically
published, such as in a book, industry
trade publication, or federal agency
publication, provide the title, volume
number (if applicable), author(s),
publisher, publication date, and ISBN or
other identifier. For data published on
a Web site, provide the address of the
Web site and the date you last visited
the Web site and identify the Web site
publisher and content author.
If your concern is that competitors
could use a particular input to discern
sensitive information, specifically
describe the pathway by which this
could occur and explain how the
discerned information would negatively
affect your competitive position.
Describe any unique process or aspect of
your facility that would be revealed if
the particular data element you consider
sensitive were made publicly available.
If the data element you identify would
cause harm only when used in
combination with other publicly
available data, then describe the other
data, identify the public source(s) of
these data, and explain how the
combination of data could be used to
cause competitive harm. Describe the
measures currently taken to keep the
data confidential. Avoid conclusory and
unsubstantiated statements, or general
assertions regarding potential harm.
Please be as specific as possible in your
comments and include all information
necessary for EPA to evaluate your
comments.
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IV. Proposal of CBI Determinations for
New Data Elements in Subparts II and
TT
The Technical Corrections final rule
includes amendments to 48 data
elements in subparts FF, II, OO, and TT,
including revising 17 data elements that
are not inputs to equations and adding
seven data elements that are not inputs
to equations. As explained in Section
II.D of this preamble, the revisions to
the 17 non-input data elements do not
change the information to be collected
and therefore do not affect the final
confidentiality determinations for these
data elements in the Final CBI rule. This
section sets forth EPA’s proposed
confidentiality determinations for the
seven new non-input data elements.
These new data elements were added to
subparts II and TT.
We are proposing to categorize two of
the seven new data elements in the
‘‘Calculation Methodology &
Methodological Tier’’ data category.
Because there was a categorical
determination in the Final CBI Rule that
this data category is emissions data, we
are proposing these two data elements
as emissions data.
• Statement that biogas pressure is
incorporated into monitoring equipment
internal calculations. (Subpart II:
Calculation Methodology &
Methodological Tier).
• The calendar year for which the
data elements in 40 CFR 98.466(b)
apply. (Subpart TT: Calculation
Methodology & Methodological Tier).
We are proposing to categorize one of
the seven new data elements in the
‘‘Test & Calibration Methods’’ data
category. Because there was a
categorical determination in the Final
CBI Rule that this data category is not
CBI, we are proposing that this data
element is not CBI.
• If DOCx was determined by a 60day anaerobic biodegradation test,
specify the test method used. (Subpart
TT: Test & Calibration Methods).
EPA is proposing to categorize four of
the seven new data elements in the two
direct emitter data categories with no
categorical confidentiality
determination (‘‘Unit/Process ‘Static’
Characteristics That are Not Inputs to
Emission Equations’’ and ‘‘Unit/Process
Operating Characteristics That are Not
Inputs to Emission Equations’’ data
categories). For these two data
categories, EPA evaluated the individual
data elements assigned to these
categories to determine whether
individual data elements qualify as CBI.
In this section, EPA explains the data
elements in these two categories and
states the reasons for proposing to
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determine that each does or does not
qualify as CBI under CAA section
114(c).
EPA proposes to determine that the
four new data elements, which are all in
subpart TT and listed below, are not
CBI.
• If a methane correction factor (MCF)
value other than the default of 1 is used,
provide a description of the aeration
system, including aeration blower
capacity.
• If an MCF value other than the
default of 1 is used, the fraction of the
landfill containing waste affected by the
aeration.
• If an MCF value other than the
default of 1 is used, provide the total
number of hours during the year the
aeration blower was operated.
• If an MCF value other than the
default of 1 is used, provide other
factors used as a basis for the selected
MCF value.
These data elements describe the
aeration system, the number of hours
the aeration system was used, the
capacity of the aeration blower, the
fraction of landfill affected by aeration,
and the factors used as the basis of the
methane correction factor. These data
elements do not provide insight into
current production rates, raw material
consumption, or other information that
competitors could use to discern market
share and other sensitive information.
Therefore, EPA proposes that they will
not be protected as confidential
business information and will be
considered to be non-CBI.
We are soliciting comments on the
proposed categorical assignments for the
seven new data elements in these
subparts. If you believe that EPA has
improperly assigned certain data
elements in these subparts to the data
categories, please provide specific
comments identifying which data
elements may be assigned incorrectly
along with a detailed rationale for why
they may be assigned incorrectly and in
which data category they belong.
V. Deferral of Inputs to Emission
Equations for Subparts FF and TT and
Amendment to Table A–6
Of the 48 subpart FF, II, OO, and TT
data elements that are addressed in the
Technical Corrections final rule, 24 are
inputs to emission equations. Of these,
21 are revisions to existing inputs to
emission equations that are addressed in
the Final Deferral and included in
Tables A–6 and A–7 to subpart A of Part
98. As explained in Section II.D of this
preamble, for 18 of the 21 inputs, the
revisions do not affect the Final
Deferral. For the remaining three inputs,
however, which are in subpart TT, the
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revisions do re-numerate section
references. These three equation inputs
were added in the Final Deferral to
Table-6 to subpart A. We are therefore
proposing in this action to amend Table
A–6 to re-numerate three subpart TT
equation inputs as finalized in the
Technical Corrections final rule.
Of the 24 inputs to emission
equations addressed in the Technical
Corrections final rule, three are new
data elements that we are proposing for
the first time to add to the ‘‘Inputs to
Emission Equations’’ data category. In
this action, we are proposing to defer
the reporting deadline for the following
three data elements to March 31, 2013.
• Moisture content used in Equation
FF–1 and FF–3. (Subpart FF: Inputs to
Emission Equations).
• The gaseous organic concentration
correction factor used, if Equation FF–
9 was required. (Subpart FF: Inputs to
Emission Equations).
• The methane correction factor
(MCF) value used in the calculations.
(Subpart TT: Inputs to Emission
Equations).
As explained in Section II.A of the
Final Deferral, EPA is deferring the
reporting deadline until March 31, 2013,
rather than March 31, 2015, for certain
data elements categorized as inputs to
emission equations because our
evaluations on the sensitivity of these
data elements are less time-consuming
or sufficiently far along in the inputs
evaluation process, outlined in the
memorandum to the Final Deferral
docket, ‘‘Process for Evaluating and
Potentially Amending Part 98 Inputs to
Emission Equations,’’ to allow for data
reporting in 2013. As with other
equation inputs, EPA is in the process
of evaluating the sensitivity of these
three equation inputs, and we believe
that we can complete our evaluation
before March 31, 2013, the current
reporting deadline for the equation
inputs listed in Table A–6 of Subpart A.
EPA is therefore proposing to add these
inputs to Table A–6 to require their
reporting by March 31, 2013.
In the Technical Corrections final
rule, we added the two new subpart FF
inputs to equations to the reporting
requirements at 40 CFR 98.326(o). This
regulatory paragraph is already included
in Table A–6 for reporting by March 31,
2013, so we are not proposing in this
action to amend Table A–6 to account
for the new subpart FF inputs to
equations. However, the new subpart TT
equation input is not yet included in
Table A–6. We are therefore proposing
in this action to amend Table A–6 to
add it and require its reporting by
March 31, 2013.
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VI. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is a
‘‘significant regulatory action’’ because
it raises novel legal or policy issues.
Accordingly, EPA submitted this
action to the Office of Management and
Budget (OMB) for review under
Executive Orders 12866 and 13563 (76
FR 3821, January 21, 2011) and any
changes made in response to OMB
recommendations have been
documented in the docket for this
action.
B. Paperwork Reduction Act
This action does not impose any new
information collection burden. This
action is administrative and does not
increase the reporting burden. However,
the Office of Management and Budget
(OMB) has previously approved the
information collection requirements
contained in these six subparts, under
40 CFR part 98, under the provisions of
the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. The Information Collection
Request (ICR) documents prepared by
EPA have been assigned the following
OMB control numbers: 2060–0650, for
subparts L, DD, and SS; 2060–0649, for
subparts RR and UU; and 2060–0647 for
subparts FF, II, and TT. The OMB
control numbers for EPA’s regulations
in 40 CFR are listed at 40 CFR part 9.
C. Regulatory Flexibility Act (RFA)
The RFA generally requires an agency
to prepare a regulatory flexibility
analysis of any rule subject to notice
and comment rulemaking requirements
under the Administrative Procedure Act
or any other statute unless the agency
certifies that the rule will not have a
significant economic impact on a
substantial number of small entities.
Small entities include small businesses,
small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts
of this re-proposal on small entities,
‘‘small entity’’ is defined as: (1) A small
business as defined by the Small
Business Administration’s regulations at
13 CFR 121.201; (2) a small
governmental jurisdiction that is a
government of a city, county, town,
school district or special district with a
population of less than 50,000; or (3) a
small organization that is any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.
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After considering the economic
impacts of this action on small entities,
I certify that this action will not have a
significant economic impact on a
substantial number of small entities.
This action will not impose any new
requirement on small entities that are
not currently required by Part 98.
EPA took several steps to reduce the
impact of Part 98 on small entities. For
example, EPA determined appropriate
thresholds that reduced the number of
small businesses reporting. In addition,
EPA did not require facilities to install
continuous emission monitoring
systems (CEMS) if they did not already
have them. Facilities without CEMS can
calculate emissions using readily
available data or data that are less
expensive to collect such as process
data or material consumption data. For
some source categories, EPA developed
tiered methods that are simpler and less
burdensome. Also, EPA required annual
instead of more frequent reporting.
Finally, EPA continues to conduct
significant outreach on the mandatory
GHG reporting rule and maintains an
‘‘open door’’ policy for stakeholders to
help inform EPA’s understanding of key
issues for the industries.
We continue to be interested in the
potential impacts of this action on small
entities and welcome comments on
issues related to such effects.
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D. Unfunded Mandates Reform Act
(UMRA)
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), 2 U.S.C.
1531–1538, requires Federal agencies,
unless otherwise prohibited by law, to
assess the effects of their regulatory
actions on State, local, and tribal
governments and the private sector.
Federal agencies must also develop a
plan to provide notice to small
governments that might be significantly
or uniquely affected by any regulatory
requirements. The plan must enable
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates and must
inform, educate, and advise small
governments on compliance with the
regulatory requirements.
This action does not contain a Federal
mandate that may result in expenditures
of $100 million or more for State, local,
and tribal governments, in the aggregate,
or the private sector in any one year.
This re-proposal is administrative and
does not increase the reporting burden.
Thus, this action is not subject to the
requirements of sections 202 or 205 of
the UMRA.
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In developing Part 98, EPA consulted
with small governments pursuant to a
plan established under section 203 of
the UMRA to address impacts of
regulatory requirements in the rule that
might significantly or uniquely affect
small governments. For a summary of
EPA’s consultations with State and/or
local officials or other representatives of
State and/or local governments in
developing Part 98, see Section VIII.D of
the preamble to the final rule (74 FR
56370, October 30, 2009).
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. However, for a
more detailed discussion about how
Part 98 relates to existing State
programs, please see Section II of the
preamble to the final rule (74 FR 56266,
October 30, 2009).
This action applies to facilities that
directly emit greenhouses gases. It does
not apply to governmental entities
unless a government entity owns a
facility that directly emits greenhouse
gases above threshold levels, so
relatively few government facilities
would be affected. This action also does
not limit the power of States or
localities to collect GHG data and/or
regulate GHG emissions. Thus,
Executive Order 13132 does not apply
to this action.
In the spirit of Executive Order 13132,
and consistent with EPA policy to
promote communications between EPA
and State and local governments, EPA
specifically solicits comment on this
proposed action from State and local
officials. For a summary of EPA’s
consultation with State and local
organizations and representatives in
developing Part 98, see Section VIII.E of
the preamble to the final rule (74 FR
56371, October 30, 2009).
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000). This re-proposal is administrative
and does not increase the reporting
burden. Thus, Executive Order 13175
does not apply to this action. For a
summary of EPA’s consultations with
tribal governments and representatives,
see Section VIII.F of the preamble to the
final rule (74 FR 56371, October 30,
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1451
2009). EPA specifically solicits
additional comment on this proposed
action from tribal officials.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that concern health or safety
risks, such that the analysis required
under section 5–501 of the Executive
Order has the potential to influence the
regulation. This action is not subject to
Executive Order 13045 because it does
not establish an environmental standard
intended to mitigate health or safety
risks.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355, May 22,
2001), because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104–
113 (15 U.S.C. 272 note) directs EPA to
use voluntary consensus standards in its
regulatory activities unless to do so
would be inconsistent with applicable
law or otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. NTTAA directs EPA
to provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
This action does not involve technical
standards. Therefore, EPA is not
considering the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes Federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
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policies, and activities on minority
populations and low-income
populations in the United States. EPA
has determined that this action will not
have disproportionately high and
adverse human health or environmental
effects on minority or low-income
populations because it does not affect
the level of protection provided to
human health or the environment. This
action addresses only reporting and
recordkeeping procedures.
GHG Reporting Rule—Proposed
Confidentiality Determinations for 10
Subparts
List of Subjects 40 CFR Part 98
Environmental protection,
Administrative practice and procedure,
Greenhouse gases, Reporting and
recordkeeping requirements.
Dated: December 22, 2011.
Lisa P. Jackson,
Administrator.
of Federal Regulations is proposed to be
amended as follows:
PART 98—[AMENDED]
1. The authority citation for part 98
continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart A—[Amended]
For the reasons stated in the
preamble, title 40, Chapter I, of the Code
2. Table A–6 to subpart A of part 98
is amended by revising the entries for
subpart TT to read as follows:
TABLE A–6 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH
THE REPORTING DEADLINE IS MARCH 31, 2013
TT
TT
TT
TT
TT
TT
TT
TT
TT
TT
TT
TT
Specific data elements for which reporting date is March 31, 2013
(‘‘All’’ means all data elements in the cited paragraph are not required to be reported until
March 31, 2013)
Rule citation
(40 CFR part 98)
Subpart
*
...................
...................
...................
...................
...................
...................
...................
...................
...................
...................
...................
...................
TT ...................
*
*
*
*
*
*
98.466(a)(2) ............................. All.
98.466(a)(3) ............................. Only last year the landfill accepted waste (for closed landfills using Equation TT–4).
98.466(a)(4) ............................. Only capacity of the landfill in metric tons (for closed landfills using Equation TT–4).
98.466(b)(3) ............................. Only fraction of CH4 in landfill gas.
98.466(b)(4) ............................. Only the methane correction factor (MCF) value used in the calculations.
98.466(c)(1) ............................. All.
98.466(c)(4)(i) .......................... All.
98.466(c)(4)(ii) ......................... All.
98.466(c)(4)(iii) ........................ All.
98.466(d)(2) ............................. All.
98.466(d)(3) ............................. Only degradable organic carbon (DOCx) value used in calculations.
98.466(e)(2) ............................. Only surface area (in square meters) at the start of the reporting year for the landfill sections
that contain waste and that are associated with the selected cover type (for facilities using
a landfill gas collection system).
98.466(f) .................................. All.
[FR Doc. 2011–33591 Filed 1–9–12; 8:45 am]
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]]>Agencies
[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Proposed Rules]
[Pages 1434-1452]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33591]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 98
[EPA-HQ-OAR-2011-0028; FRL-9614-9]
RIN 2060-AQ70
Proposed Confidentiality Determinations for Data Elements Under
the Mandatory Reporting of Greenhouse Gases Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This action re-proposes confidentiality determinations for the
data elements under the Mandatory Greenhouse Gas Reporting Rule. On
July 7, 2010, EPA proposed confidentiality determinations for data
elements and is issuing this re-proposal today due to significant
changes to certain data elements. In addition, EPA is proposing
confidentiality determinations for seven new data elements that are not
inputs to equations. EPA is also proposing to categorize three data
elements as inputs to emission equations and to defer their reporting
deadline to March 31, 2013.
DATES: Comments. Comments must be received on or before March 12, 2012.
Public Hearing. EPA does not plan to conduct a public hearing
unless requested. To request a hearing, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section by January 17,
2012. Upon such request, EPA will hold the hearing on January 25, 2012
in the Washington, DC area starting at 9 a.m., local time. EPA will
publish further information about the hearing in the Federal Register
if a hearing is requested.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0028, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
Email: GHGReportingCBI@epa.gov.
Fax: (202) 566-1741.
Mail: Environmental Protection Agency, EPA Docket Center
(EPA/DC), Mailcode 6102T, Attention Docket ID No. EPA-HQ-OAR-2011-0028,
1200 Pennsylvania Avenue NW., Washington, DC 20460.
Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC
20004. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2011-0028. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 email. Send or deliver
information identified as CBI to only the mail or hand/courier delivery
address listed above, attention: Docket ID No. EPA-HQ-OAR-2011-0028.
The 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 email comment directly to EPA without going through https://www.regulations.gov your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of
[[Page 1435]]
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, Room B102, 1301 Constitution Ave. NW., Washington, DC.
This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (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; email address:
GHGreporting@epa.gov. For technical information, contact the Greenhouse
Gas Reporting Rule Hotline at: https://www.epa.gov/climatechange/emissions/ghgrule_contactus.htm. Alternatively, contact Carole Cook at
(202) 343-9263.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of this proposal, memoranda to the docket, and all
other related information will also be available through the WWW on
EPA's greenhouse gas reporting rule Web site at https://www.epa.gov/climatechange/emissions/ghgrulemaking.html.
SUPPLEMENTARY INFORMATION:
Acronyms and Abbreviations. The following acronyms and
abbreviations are used in this document.
BAMM Best Available Monitoring Methods
CAA Clean Air Act
CEMS continuous emission monitoring system
CO2 carbon dioxide
CBI confidential business information
CEMS Continuous Emission Monitoring System
CFR Code of Federal Regulations
EIA Energy Information Administration
EOR enhanced oil recovery
EPA U.S. Environmental Protection Agency
F-GHG fluorinated greenhouse gas
GHG greenhouse gas
ICR Information Collection Request
LDC local natural gas distribution company
LNG liquefied natural gas
MMBtu million Btu
MMscfd million standard cubic feet per day
MRV monitoring, reporting, and verification
NESHAP national emission standards for hazardous air pollutants
N2O nitrous oxide
NTTAA National Technology Transfer and Advancement Act of 1995
OMB Office of Management & Budget
PFC perfluorocarbon
R&D research and development
RFA Regulatory Flexibility Act
SF6 sulfur hexafluoride
UIC Underground Injection Control
UMRA Unfunded Mandates Reform Act of 1995
U.S. United States
WWW Worldwide Web
Organization of This Document. The following outline is provided to
aid in locating information in this preamble.
I. General Information
A. What is the purpose of this action?
B. Does this action apply to me?
C. What should I consider as I prepare my comments to EPA?
II. Background and General Rationale
A. Background
B. Background on Data Elements in the ``Inputs to Emission
Equations'' Data Category
C. What is the rationale for re-proposing the CBI determinations
for six subparts?
D. How does the Technical Revisions final rule affect this
action?
III. Re-Proposal of CBI Determinations for Six Subparts
A. Overview
B. Direct Emitter Data Categories
C. GHG Supplier Data Categories
D. Commenting on the Proposed Confidentiality Determinations and
Data Category Assignments
IV. Proposal of CBI Determinations for New Data Elements in Subparts
II and TT
V. Deferral of Inputs to Emission Equations for Subparts FF and TT
and Amendment to Table A-6
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
I. General Information
A. What is the purpose of this action?
This action has three purposes. First, EPA is re-proposing
confidentiality determinations for the data elements in six subparts
(L, DD, QQ, RR, SS, and UU) of 40 CFR part 98 of the Mandatory
Greenhouse Gases Reporting rule (hereafter referred to as ``part 98'').
EPA proposed confidentiality determinations for data elements contained
in the proposed subparts L, DD, QQ, RR, and SS in the July 7, 2010
proposed CBI determination notice (75 FR 39094; hereinafter referred to
as the ``July 7, 2010 CBI proposal''). These subparts were finalized in
December of 2010 as part of two separate amendments to part 98. As
explained in more detail in Section II.C of this preamble, many data
elements were added or significantly changed since proposal, and
portions of proposed subpart RR were split off to create a new subpart
UU. Additionally, on November 29, 2011, EPA finalized amendments to
subpart RR. See ``2011 Technical Corrections, Clarifying and Other
Amendments to Certain Provisions of The Mandatory Reporting of
Greenhouse Gases Rule'' (76 FR 73886; hereinafter referred to as the
``Technical Corrections final rule''). In light of the above, we are
re-proposing for public comment the confidentiality determinations for
the data elements in these six subparts to reflect the data elements in
the final six subparts and the new and revised data elements in subpart
RR in the Technical Corrections final rule.
On May 26, 2011, EPA published the final CBI determinations for 35
part 98 subparts in ``Confidentiality Determinations for Data Required
Under the Mandatory Greenhouse Gas Reporting Rule and Amendments to
Special Rules Governing Certain Information Obtained Under the Clean
Air Act'' (76 FR 30782; hereinafter referred to as the ``Final CBI
Rule''). In that rule, we created 22 data categories (11 for direct
emitters of greenhouse gases (GHGs) and 11 for suppliers of GHGs and
products containing GHGs) and assigned data elements in the 35 subparts
to appropriate data categories. In today's action, we similarly propose
to assign the data elements in the six subparts into the appropriate
data categories created in the Final CBI Rule. For a list of the data
categories, see Section III.A of this preamble. This notice covers all
of the data elements from the six subparts except for those that are in
the ``Inputs to Emission Equations'' data category. The covered data
elements and their proposed category assignments are listed by data
[[Page 1436]]
category in the Memorandum entitled ``Docket EPA-HQ-OAR-2011-0028 Memo
A.'' This memorandum reflects the proposed revisions in the Technical
Corrections final rule.
As in the Final CBI Rule, this proposal does not address data
elements from the six subparts in the ``Inputs to Emission Equations''
data category. Those data elements were identified in ``Change to the
Reporting Date for Certain Data Elements Required Under the Mandatory
Reporting of Greenhouse Gases Rule,'' published on August 25, 2011 (76
FR 53057; hereinafter referred to as the ``Final Deferral''). In that
action, EPA deferred the deadline for direct emitter reporters to
report ``Inputs to Emission Equations'' data elements. EPA deferred the
deadline for reporting some of these data elements to March 31, 2013,
and the deadline for reporting others to March 31, 2015. For easy
reference, we have placed a list of the data elements in these six
subparts that are assigned to the ``Inputs to Emission Equations'' data
category in the docket for today's action (``Docket EPA-HQ-OAR-2011-
0028 Memo B'').
The second purpose of this action is to propose confidentiality
determinations for new data elements (that are not inputs to equations)
added to subparts II and TT in the Technical Corrections final rule (76
FR 73886). Subparts II and TT were originally finalized in July of
2010. Confidentiality determinations for the finalized data elements in
these two subparts were included in the Final CBI Rule; however, in the
Technical Corrections final rule that was issued after the Final CBI
Rule, certain existing data elements were revised and certain new data
elements were added. As discussed in Section I.D of this preamble, the
revisions do not change the information to be reported and therefore do
not affect the final confidentiality determinations for those data
elements. However, the Final CBI Rule does not address the new data
elements for these two subparts. Therefore, we are proposing
confidentiality determinations in this action for the new subpart II
and TT data elements added in the Technical Corrections final rule. The
new subpart II and TT data elements and their proposed category
assignments are listed by data category in Section IV of this preamble.
The third purpose of this action is to propose amendments to Table
A-6 to subpart A of Part 98 to reflect amendments in the Technical
Corrections final rule (76 FR 73886). In the Technical Corrections
final rule, three new equation inputs are added to subparts FF and TT.
In this action, EPA is proposing to defer the reporting deadline for
these three equation inputs to March 31, 2013. As with other equation
inputs, EPA is in the process of evaluating the sensitivity of these
three equation inputs, and we believe that we can complete our
evaluation before March 31, 2013, the current reporting deadline for
the equation inputs listed in Table A-6 of Subpart A. EPA is therefore
proposing to add these inputs to Table A-6 to require their reporting
by March 31, 2013. Additionally, in the Technical Corrections final
rule, certain existing equation inputs were revised, including three
subpart TT equation inputs for which the section references were re-
numbered. As discussed further in Section I.D of this preamble, the
revisions to the equation inputs are technical or editorial in nature
and do not affect the information to be collected. However, Table A-6
does not currently account for the re-numerations. Therefore, we are
proposing to revise section references to the three subpart TT inputs
to equations in Table A-6 as finalized in the Technical Corrections
final rule.
B. Does this action apply to me?
This proposal affects entities required to submit annual GHG
reports under certain subparts of Part 98. The Administrator determined
that this action is subject to the provisions of Clean Air Act (CAA)
section 307(d). See CAA section 307(d)(1)(V) (the provisions of CAA
section 307(d) apply to ``such other actions as the Administrator may
determine''). Part 98 and this action affect owners and operators of
fluorinated gas production facilities, electric power systems,
electrical equipment manufacturing facilities, carbon dioxide
(CO2) enhanced oil and gas recovery projects, acid gas
injection projects, geologic sequestration projects, importers and
exporters of pre-charged equipment and closed-cell foams, industrial
wastewater treatment facilities, underground coal mines, and industrial
waste landfills. Affected categories and entities include those listed
in Table 1 of this preamble.
Table 1--Examples of Affected Entities by Category
------------------------------------------------------------------------
Examples of affected
Category NAICS facilities
------------------------------------------------------------------------
Fluorinated Gas Production....... 325120 Industrial gases
manufacturing
facilities.
Electrical Equipment Use......... 221121 Electric bulk power
transmission and
control facilities.
Electrical Equipment Manufacture 33531 Power transmission and
or Refurbishment. distribution switchgear
and specialty
transformers
manufacturing
facilities.
Importers and Exporters of Pre- 423730 Air-conditioning
charged Equipment and Closed- equipment (except room
Cell Foams. units) merchant
wholesalers.
333415 Air-conditioning
equipment (except motor
vehicle) manufacturing.
336391 Motor vehicle air-
conditioning
manufacturing.
423620 Air-conditioners, room,
merchant wholesalers.
443111 Household appliance
stores.
423730 Automotive air-
conditioners merchant
wholesalers.
326150 Polyurethane foam
products manufacturing.
335313 Circuit breakers, power,
manufacturing.
423610 Circuit breakers
merchant wholesalers.
CO2 Enhanced Oil and Gas Recovery 211 Oil and gas extraction
Projects. projects using CO2
enhanced recovery.
Acid Gas Injection Projects...... 211111 or Projects that inject
211112 acid gas containing CO2
underground.
Geologic Sequestration Projects.. N/A CO2 geologic
sequestration projects.
Underground Coal Mines........... 212113 Underground anthracite
coal mining operations.
212112 Underground bituminous
coal mining operations.
Industrial Wastewater Treatment.. 322110 Pulp mills.
322121 Paper mills.
322122 Newsprint mills.
[[Page 1437]]
322130 Paperboard mills.
311611 Meat processing
facilities.
311411 Frozen fruit, juice, and
vegetable manufacturing
facilities.
311421 Fruit and vegetable
canning facilities.
325193 Ethanol manufacturing
facilities.
324110 Petroleum refineries.
Industrial Waste Landfills....... 562212 Solid waste landfills.
322110 Pulp mills.
322121 Paper mills.
322122 Newsprint mills.
322130 Paperboard mills.
311611 Meat processing
facilities.
311411 Frozen fruit, juice, and
vegetable manufacturing
facilities.
311421 Fruit and vegetable
canning facilities.
221320 Sewage treatment
facilities.
------------------------------------------------------------------------
Table 1 of this preamble lists the types of entities that
potentially could be affected by the reporting requirements under the
nine subparts covered by this proposal. However, this list is not
intended to be exhaustive, but rather provides a guide for readers
regarding facilities and suppliers likely to be affected by this
action. Other types of facilities and suppliers not listed in the table
could also be subject to reporting requirements. To determine whether
you are affected by this action, you should carefully examine the
applicability criteria found in 40 CFR part 98, subpart A as well as 40
CFR part 98 subparts L, DD, FF, II, QQ, RR, SS, TT, and UU. If you have
questions regarding the applicability of this action to a particular
facility, consult the person listed in the FOR FURTHER INFORMATION
CONTACT section of this preamble.
C. What should I consider as I prepare my comments to EPA?
1. Submitting CBI
Clearly mark the part or all of the information that you claim to
be CBI. For CBI information in a disk or CD-ROM that you mail to EPA,
mark the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information marked as CBI will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
Do not submit information that you consider to be CBI or otherwise
protected through https://www.regulations.gov or email. Send or deliver
information identified as CBI to only the mail or hand/courier delivery
address listed above, attention: Docket ID No. EPA-HQ-OAR-2011-0028.
If you have any questions about CBI or the procedures for claiming
CBI, please consult the person identified in the FOR FURTHER
INFORMATION CONTACT section.
2. Tips for Preparing Your Comments
When submitting comments, remember to:
Identify the rulemaking by docket number and other identifying
information (e.g., subject heading, Federal Register date and page
number).
Follow directions. EPA may ask you to respond to specific questions
or organize comments by referencing a CFR part or section number.
Explain why you agree or disagree, and suggest alternatives and
substitute language for your requested changes.
Describe any assumptions and provide any technical information and/
or data that you used.
If you estimate potential costs or burdens, explain how you arrived
at your estimate in sufficient detail to allow us to reproduce your
estimate.
Provide specific examples to illustrate your concerns and suggest
alternatives.
Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
Make sure to submit your information and comments by the comment
period deadline identified in the preceding section titled DATES. To
ensure proper receipt by EPA, be sure to identify the docket ID number
assigned to this action in the subject line on the first page of your
response. You may also provide the name, date, and Federal Register
citation.
To expedite review of your comments by Agency staff, you are
encouraged to send a separate copy of your comments, in addition to the
copy you submit to the official docket, to Carole Cook, U.S. EPA,
Office of Atmospheric Programs, Climate Change Division, Mail Code
6207-J, Washington, DC 20460, telephone 202-343-9263, email
GHGReportingCBI@epa.gov. You are also encouraged to send a separate
copy of your CBI information to Carole Cook at the provided mailing
address in the FOR FURTHER INFORMATION CONTACT section. Please do not
send CBI to the electronic docket or by email.
II. Background and General Rationale
A. Background
On October 30, 2009, EPA published the Mandatory GHG Reporting Rule
for collecting information regarding GHGs from a broad range of
industry sectors (74 FR 56260). Under Part 98 and its subsequent
amendments, certain facilities and suppliers above specified thresholds
are required to report GHG information to EPA annually. For facilities,
this includes those that directly emit GHGs (``direct emitters'') and
those that geologically sequester or otherwise inject CO2
underground. For suppliers, this includes those that supply certain
products that would result in GHG emissions if released, combusted, or
oxidized (``suppliers''). The data to be reported consist of GHG
emission and supply information as well as other data, including
information necessary to characterize, quantify, and verify the
reported emissions and supplied quantities. In the preamble to Part 98,
we stated, ``Through a notice and comment process, we will establish
those data elements that are `emissions data' and therefore [under CAA
section 114(c)] will not be afforded the protections of CBI. As part of
that exercise, in response to requests provided in comments, we may
identify classes of information that
[[Page 1438]]
are not emissions data, and are CBI'' (74 FR 56287, October 30, 2009).
On July 7, 2010, (75 FR 39094) EPA proposed confidentiality
determinations for Part 98 data elements and proposed amending EPA's
regulation for handling CBI to add specific procedures for the
treatment of Part 98 data. The July 7, 2010 CBI proposal proposed
confidentiality status determinations for the data elements for 31
subparts included in the 2009 final Part 98 rule (see 74 FR 56260,
October 30, 2009), four subparts finalized in July 2010 (see 75 FR
39736, July 12, 2010), and seven new subparts that had been proposed
but not yet finalized as of July 2010 (see 75 FR 18576, 75 FR 18608,
and 75 FR 18652, April 12, 2010). The July 7, 2010 CBI proposal also
covered proposed changes to the reporting requirements for some of the
Part 98 subparts finalized in October 2009. These changes were proposed
in two separate rulemakings (see 75 FR 18455, April 12, 2010; and 75 FR
33950, June 15, 2010).
On August 11, 2010, EPA published another proposed amendment to
Part 98 to change the description of some reported data elements and
require reporting of some new data elements for some of the Part 98
subparts finalized in October 2009 (75 FR 48744; hereinafter referred
to as the ``August 11, 2010 revisions proposal''). EPA issued a
supplemental CBI proposal that proposed confidentiality determinations
for the new and revised data elements included in the August 11, 2010
revisions notice (75 FR 43889, July 27, 2010; hereinafter referred to
as the ``July 27, 2010 supplemental CBI proposal'').
On May 26, 2011, EPA published the Final CBI Rule for the data
elements in 35 Part 98 subparts that were covered in the July 2010
proposals, except for those data elements in the ``Inputs to Emission
Equations'' data category. In that final rule, EPA created 22 data
categories (11 for direct emitters and 11 for suppliers) and assigned
data elements in the 35 subparts to appropriate data categories. For 16
data categories (eight direct emitter data categories and eight
supplier data categories), EPA issued a category-based final CBI
determination for all data elements within the category. For another
five data categories (two direct emitter data categories and three
supplier data categories), EPA determined that they are not ``emission
data'' under CAA section 114(c) and 40 CFR 2.301(a)(2)(i) for purposes
of determining the GHG emissions to be reported under Part 98. However,
for the reasons explained in the preamble to that rule, EPA did not
make categorical CBI determination for these five data categories but
instead evaluated and determined for individual data elements in these
data categories whether they qualify as CBI. As a result, each of these
five categories contains both data elements determined to be CBI and
those determined not to be CBI. As explained in more detail in Section
II.B of this preamble, we did not take final action with respect to the
data elements in the remaining one of the 22 data categories addressed
in that rule: the ``Inputs to Emission Equations'' data category.
In the May 26, 2011 Final CBI Rule, EPA did not finalize
confidentiality determinations for the data elements in five subparts
that had been proposed or re-proposed at the time of the July 7, 2010
CBI proposal (subparts L, DD, QQ, RR, and SS). EPA finalized those five
subparts and subpart UU \1\ in two separate actions. On December 1,
2010, we finalized subparts L, DD, QQ, and SS (75 FR 74774), and
subparts RR and UU (75 FR 75060). As explained in Section II.D of this
preamble, on November 29, 2011, we published the Technical Corrections
final rule that included, among other things, revisions to some subpart
RR data elements (76 FR 73886).
---------------------------------------------------------------------------
\1\ EPA initially proposed subparts RR and UU as a single
subpart (subpart RR); however, as a result of public comments on
subpart RR, EPA moved all definitions, requirements, and procedures
for facilities conducting only CO2 injection (without
geologic sequestration) into a new subpart (subpart UU). Subpart RR
retained all definitions, requirements, and procedures related to
facilities conducting geologic sequestration.
---------------------------------------------------------------------------
The six affected subparts are as follows:
Subpart L, Fluorinated Gas Production.
Subpart DD, Electrical Transmission and Distribution
Equipment Use.
Subpart QQ, Importers and Exporters of Fluorinated
Greenhouse Gases Contained in Pre-charged Equipment or Closed-cell
Foams.
Subpart RR, Geologic Sequestration of Carbon Dioxide.
Subpart SS, Electrical Equipment Manufacture or
Refurbishment.
Subpart UU, Injection of Carbon Dioxide.
As explained in more detail in Section II.C of this preamble, EPA
is re-proposing confidentiality determinations for the data elements in
these six subparts.
The Technical Corrections final rule also contains technical
corrections, clarifying and other amendments for four additional
subparts that were covered by the Final CBI Rule and the Final
Deferral. As explained in more detail in Section II.D of this preamble,
the revisions to the existing data elements in these subparts that are
not inputs to emission equations do not change the information to be
collected and therefore do not affect the confidentiality
determinations made in the Final CBI Rule. However, the Technical
Corrections final rule also added new data elements that are not inputs
to emission equations for subparts II and TT. EPA is proposing
confidentiality determinations in this action for these new data
elements.
As further explained in Section II.D of this preamble, the
revisions to the existing data elements in these subparts that are
inputs to emission equations do not change the information to be
collected and therefore generally do not affect Tables A-6 and A-7 to
subpart A of Part 98, which were finalized in the Final Deferral to
defer the reporting deadline for inputs to emission equations to March
31, 2013, and March 31, 2015, respectively. The one exception is that
certain revisions in the Technical Corrections final rule do re-
numerate some subpart TT inputs, so EPA is proposing to amend Table A-6
in this action to reflect this re-numeration. The Technical Corrections
final rule also added new data elements that are inputs to emission
equations for subparts FF and TT. EPA is proposing to defer the
reporting deadline for these subpart FF and TT inputs to March 31,
2013. To accomplish this, EPA is proposing to amend Table A-6.
The three affected subparts are as follows:
Subpart FF, Underground Coal Mines.
Subpart II, Industrial Wastewater Treatment.
Subpart TT, Industrial Waste Landfills.
B. Background on Data Elements in the ``Inputs to Emission Equations''
Data Category
EPA received numerous public comments on the July 7, 2010 CBI
proposal and the July 27, 2010 supplemental CBI proposal. In
particular, EPA received comments that raised serious concerns
regarding the public availability of data in the ``Inputs to Emission
Equations'' category. In light of some of the comments on inputs to
emission equations, EPA took three concurrent actions, which are as
follows:
Call for Information: Information on Inputs to Emission
Equations under the Mandatory Reporting of Greenhouse Gases Rule, 75 FR
81366 (December 27, 2010).
Change to the Reporting Date for Certain Data Elements
Required Under
[[Page 1439]]
the Mandatory Reporting of Greenhouse Gases Rule; Proposed Rule, 75 FR
81350 (December 27, 2010) (``proposed deferral'').
Interim Final Regulation Deferring the Reporting Date for
Certain Data Elements Required Under the Mandatory Reporting of
Greenhouse Gases Rule, 75 FR 81338 (December 27, 2010) (``interim final
rule'').
As explained in the proposed deferral notice, EPA has determined
that some of the comments on inputs to emission equations ``warrant in-
depth evaluation of the potential impact from the release of inputs to
emission equations, as well as collection and review of additional
information, that cannot be completed before the March 31, 2011
reporting deadline'' (75 FR 81350, 81353). We therefore issued the
proposed deferral to defer the reporting deadline for data elements
that are inputs to emission equations. Because EPA needed time to
complete the deferral rulemaking, EPA concurrently issued the interim
final rule to defer reporting of inputs to emission equations to August
31, 2011.\2\ EPA also concurrently issued the call for information to
collect additional information that will assist EPA with the evaluation
described above. Please see the December 27, 2010 notices for these
three actions for further details on these actions.
---------------------------------------------------------------------------
\2\ The reporting deadline for year 2010 data required under the
Mandatory Reporting of Greenhouse Gases Rule has since been extended
to September 30, 2011. See 76 FR 14812 (March 18, 2011).
---------------------------------------------------------------------------
On August 25, 2011, EPA published the Final Deferral (``Change to
the Reporting Date for Certain Data Elements Required Under the
Mandatory Reporting of Greenhouse Gases Rule''; 76 FR 53057). In that
action, EPA deferred the deadline for direct emitter reporters to
report ``Inputs to Emission Equations'' data elements. EPA deferred the
deadline for reporting some of these data elements to March 31, 2013,
and others to March 31, 2015. Data elements with the March 31, 2013,
reporting deadline are identified in Table A-6 to subpart A and those
with the March 31, 2015, reporting deadline are identified in Table A-7
to subpart A.
As explained further in Section II.D of this preamble, the tables
in the Final Deferral do not reflect the changes or additions to inputs
to equations in the Technical Corrections final rule. EPA is therefore
proposing to amend Table A-6 to require reporting of the new inputs by
March 31, 2013, and to re-numerate certain section references as
finalized in the Technical Corrections final rule.
C. What is the rationale for re-proposing the CBI determinations for
six subparts?
EPA included the data elements in the proposed subparts L, DD, QQ,
RR, and SS in the July 7, 2010 CBI proposal because EPA did not
anticipate any significant change to these data elements when
finalizing these subparts. However, EPA received comments on these
proposed subparts recommending significant changes to some of the data
elements in these subparts. In addition, EPA received numerous comments
on the July 7, 2010 CBI proposal requesting another opportunity to
comment on the final set of data elements in these six subparts after
their promulgation. After the subparts were promulgated, EPA evaluated
the changes made between proposal and promulgation. It was clear that
there were significant changes to the data elements in these subparts
since proposal. There were changes in the types of data to be
submitted, and new data elements were added. The changes also included
definition changes and clarifications as well as technical changes that
affected many of the data reporting categories and data elements.
Further, we split off portions of the proposed subpart RR and created a
new subpart UU. Given these significant changes, EPA agreed that an
opportunity to comment on the confidentiality of data elements in these
final six subparts is warranted. EPA is therefore re-proposing the
confidentiality determinations for the data elements in the final six
subparts.
Because this is a re-proposal, EPA is not responding to previous
comments submitted on the July 7, 2010 CBI proposal relative to the
data elements in these subparts. Although EPA considered those comments
when developing this re-proposal, we encourage you to resubmit such
comments to ensure their consideration and response by EPA in this
rulemaking. In resubmitting previous comments, please make any
necessary changes to clarify that you are addressing the re-proposal
and add details as requested above.
D. How does the Technical Revisions final rule affect this action?
On, November 29, 2011, EPA finalized technical corrections,
clarifying and other amendments to subparts W, FF, II, OO, RR, and TT
of Part 98 in the Technical Corrections final rule (76 FR 73886). The
final rule includes minor wording clarifications and editorial
corrections to 44 data elements in subpart RR, which do not change the
information to be reported to EPA. For example, several subpart RR data
elements were revised to correct a rule citation, such as from
paragraph (a)(5) to (a)(4). In this action, our confidentiality
determination re-proposal includes the 44 data elements in subpart RR
as revised in the Technical Corrections final rule. Because the
revisions do not change the information to be collected under this
subpart, we believe that it is appropriate to propose confidentiality
determinations for these 44 data elements as finalized in the Technical
Corrections final rule.
The Technical Corrections final rule similarly includes revisions
to seventeen data elements in subparts FF, II, OO, and TT that are
minor wording clarifications and editorial corrections. As mentioned in
Section II.B of this preamble, on May 28, 2011, EPA issued final
confidentiality determinations for all non-input data elements in 35
subparts in part 98, including these 17 data elements in subparts FF,
II, OO, and TT. The revisions to the 17 data elements in these four
subparts do not change the information to be reported to EPA under
these requirements and therefore do not affect the May 26, 2011, final
confidentiality determinations for these 17 data elements. We are not
addressing these revisions in this action.
In addition to the technical corrections described above, the
Technical Corrections final rule includes adding seven new non-input
data elements to subparts II and TT. Because these new data elements
were finalized after EPA's issuance of the final confidentiality
determinations for data elements in subparts II and TT and therefore
not covered by that action, we are proposing confidentiality
determinations for these seven data elements in this action. We
followed the same approach to category selection and confidentiality
determinations as was finalized in the Final CBI Rule and as is
followed for the six subparts in this action.
The Technical Corrections final rule also revises 21 existing
inputs to equations in subparts FF, II, and TT. The revisions do not
change the information to be reported to EPA under these requirements.
For 18 of the 21 inputs, the revisions do not affect the August 25,
2011, final deferral. For the other three inputs, however, the
revisions do re-numerate section references to three subpart TT
equation inputs. These equation inputs were added in the August 25,
2011, final deferral to Table A-6 to subpart A of part 98, which lists
by section the inputs to equations to be reported by March 31, 2013. We
are therefore
[[Page 1440]]
proposing in this action to amend Table A-6 to re-numerate three
subpart TT equation inputs as finalized in the Technical Corrections
final rule.
Lastly, in the Technical Corrections final rule, two new equation
inputs were added to subpart FF and one new equation input was added to
subpart TT. In this action, EPA is proposing to defer the reporting
deadline for these three equation inputs to March 31, 2013. As with
other equation inputs, EPA is in the process of evaluating the
sensitivity of these three equation inputs, and we believe that we can
complete our evaluation before March 31, 2013, the current reporting
deadline for the equation inputs listed in Table A-6 of Subpart A. EPA
is therefore proposing to add these inputs to Table A-6 to require
their reporting by March 31, 2013. In the Technical Corrections final
rule, we added the two new subpart FF inputs to equations to the
reporting requirements at 40 CFR 98.326(o). This regulatory paragraph
is already included in Table A-6 to subpart A for reporting by March
31, 2013, so we are not proposing in this action to amend Table A-6 to
account for the new subpart FF inputs to equations. However, the new
subpart TT equation input is not yet included in Table A-6. We are
therefore proposing in this action to amend Table A-6 to add it and
require its reporting by March 31, 2013.
III. Re-Proposal of CBI Determinations for Six Subparts
A. Overview
We propose to apply categorical confidentiality determinations made
in the Final CBI Rule to the data elements in these six subparts that
are assigned to those categories. In this section, we are requesting
comment on two aspects of this proposal. First, we seek comment on the
proposed data category assignment for each of these data elements.
Second, for those data elements assigned to the five data categories
without categorical CBI determinations, we seek comment on the
individual confidentiality determinations we are proposing for these
data elements.
In the Final CBI Rule, EPA created 22 data categories and assigned
data elements in 35 subparts to appropriate data categories. In this
re-proposal, EPA similarly proposes to assign each data element in the
final subparts L, DD, QQ, RR, SS, and UU to one of 21 data categories
\3\ based on the type and characteristics of the data element. For
example, data elements that refer to the amount and composition of raw
material (excluding fuel) consumed as inputs to the production process
have been assigned to the ``Raw Materials Consumed That Are Not Inputs
to Emission Equations'' data category. For a list of the proposed
category assignments (excluding inputs to emission equations) for the
data elements in these subparts, please see the Memorandum entitled
``Docket EPA-HQ-OAR-2011-0028 Memo A.'' Because the data categories
created in the Final CBI Rule are sufficient in scope to cover the data
elements in these six subparts, no new data categories are being
proposed. For a description of each data category and the type and
characteristics of data elements assigned to them, please see Sections
II.C and II.D of the July 7, 2010 CBI proposal.
---------------------------------------------------------------------------
\3\ As previously mentioned, this proposal does not address data
elements in the ``Inputs to Emission Equations'' data category. For
data elements in these seven subparts that are assigned to the
``Inputs to Emission Equations'' category, please see the Memorandum
entitled ``[Docket EPA-HQ-OAR-2011-0028 Memo B].''
---------------------------------------------------------------------------
As mentioned earlier in this preamble and shown in Tables 2 and 3
of this preamble, in the Final CBI Rule, EPA made categorical
confidentiality determinations (i.e., one determination that applies to
all data elements in that category) for 16 data categories (eight
direct emitter data categories and eight supplier data categories). For
the remaining five data categories (two direct emitter data categories
and three supplier data categories), EPA determined that they are not
``emission data'' for purposes of determining GHG emission to be
reported under Part 98 data elements but did not make categorical
determinations regarding their CBI status. The final categorical
determinations described above would apply to the data elements in the
six subparts that EPA assigns to these categories through this
rulemaking. We are soliciting comments on the proposed category
assignments for the data elements in these six subparts. If you believe
that EPA has improperly assigned certain data elements in these six
subparts to the data categories, please provide specific comments
identifying which data elements may be mis-assigned along with a
detailed rationale for why they are not correctly assigned and in which
data category they belong. In addition, if you believe that a data
element should be assigned to one of the five categories that do not
have a categorical confidentiality determination, please also provide
specific comment along with detailed rationale and supporting
information on whether such data element does or does not qualify as
CBI.
As mentioned above, for five data categories (two direct emitter
data categories and three supplier data categories), we determined in
the Final CBI Rule that the data elements assigned to these data
categories are not emission data for purposes of determining the GHG
emissions to be reported under Part 98. However, for the reasons stated
in the preambles to the proposed and the Final CBI Rule, we made final
CBI determinations for individual data elements assigned to those
categories. In making these individual CBI determinations, we
considered the confidentiality determination criteria at 40 CFR 2.208,
in particular whether release of the data is likely to cause
substantial harm to the business's competitive position. See 40 CFR
2.208(e)(1). Consistent with that approach, we now propose to determine
for individual data elements in these five data categories whether they
qualify as CBI. For EPA's proposed CBI determinations for these data
elements, please see Section III.B of this preamble for data elements
in the two direct emitter data categories and Section III.C of this
preamble for data elements in the three supplier data categories. EPA
seeks comment on the proposed CBI determinations for the data elements
in these five categories. When submitting a comment disagreeing with a
proposed determination, please provide detailed supporting information
on why the individual data element does or does not qualify as CBI.
Tables 2 and 3 of this preamble summarize the actions taken in the
Final CBI Rule for 21 of the 22 data categories created in that notice
(excluding the ``Inputs to Emission Equations'' data category).
[[Page 1441]]
Table 2--Summary of Final Confidentiality Determinations for Direct Emitter Data Categories
----------------------------------------------------------------------------------------------------------------
Confidentiality determination for data elements in each
category
-----------------------------------------------------------
Data category Data that are not Data that are not
Emission data \a\ emission data and emission data but
not CBI are CBI \b\
----------------------------------------------------------------------------------------------------------------
Facility and Unit Identifier Information............ X .................. ..................
Emissions........................................... X .................. ..................
Calculation Methodology and Methodological Tier..... X .................. ..................
Data Elements Reported for Periods of Missing Data X .................. ..................
that are Not Inputs to Emission Equations..........
Unit/Process ``Static'' Characteristics that are Not .................. X \c\ X \c\
Inputs to Emission Equations.......................
Unit/Process Operating Characteristics that are Not .................. X \c\ X \c\
Inputs to Emission Equations.......................
Test and Calibration Methods........................ .................. X ..................
Production/Throughput Data that are Not Inputs to .................. .................. X
Emission Equations.................................
Raw Materials Consumed that are Not Inputs to .................. .................. X
Emission Equations.................................
Process-Specific and Vendor Data Submitted in BAMM .................. .................. X
Extension Requests.................................
----------------------------------------------------------------------------------------------------------------
\a\ Under CAA section 114(c), ``emission data'' are not entitled to confidential treatment. The term ``emission
data'' is defined at 40 CFR 2.301(a)(2)(i).
\b\ Section 114(c) of the CAA affords confidential treatment to data (except emission data) that are considered
CBI.
\c\ In the Final CBI Rule, this data category contains both data elements determined to be CBI and those
determined not to be CBI.
Table 3--Summary of Final Confidentiality Determinations for Supplier Data Categories
----------------------------------------------------------------------------------------------------------------
Confidentiality determination for data elements in each
category
-----------------------------------------------------------
Data category Data that are not Data that are not
Emission data \a\ emission data and emission data but
not CBI are CBI \b\
----------------------------------------------------------------------------------------------------------------
GHGs Reported....................................... .................. X \c\ X \c\
Production/Throughput Quantities and Composition.... .................. X \c\ X \c\
Identification Information.......................... .................. X ..................
Unit/Process Operating Characteristics.............. .................. X \c\ X \c\
Calculation, Test, and Calibration Methods.......... .................. X ..................
Data Elements Reported for Periods of Missing Data .................. X ..................
that are Not Related to Production/Throughput or
Materials Received.................................
Emission Factors.................................... .................. .................. X
Amount and Composition of materials received........ .................. .................. X
Data Elements Reported for Periods of Missing Data .................. .................. X
That are Related to Production/Throughput or
Materials Received.................................
Supplier Customer and Vendor Information............ .................. .................. X
Process-Specific and Vendor Data Submitted in BAMM .................. .................. X
Extension Requests.................................
----------------------------------------------------------------------------------------------------------------
\a\ Under CAA section 114(c), ``emission data'' are not entitled to confidential treatment. The term ``emission
data'' is defined at 40 CFR 2.301(a)(2)(i).
\b\ Section 114(c) of the CAA affords confidential treatment to data (except emission data) that are considered
CBI.
\c\ In the Final CBI Rule, this data category contains both data elements determined to be CBI and those
determined not to be CBI.
B. Direct Emitter Data Categories
For direct emitter subparts L, DD, RR,\4\ and SS, EPA proposes to
assign each data element to one of 10 direct emitter data categories.
Please see the Memorandum entitled ``Docket EPA-HQ-OAR-2011-0028 Memo
A'' for a list of the data elements in these subparts and their
proposed category assignment. In the Final CBI Rule, EPA made
categorical confidentiality determinations for eight direct emitter
data categories. EPA proposes to apply those final determinations to
the data elements assigned to those categories in this rulemaking. For
the data elements in the two direct emitter data categories that do not
have categorical confidentiality determinations, we are proposing on an
individual data element basis whether or not they qualify as CBI.\5\
---------------------------------------------------------------------------
\4\ Subpart RR is neither a direct emitter nor a supplier source
category. For the purposes of this action, EPA placed each subpart
RR data element into one of the two categories based on its type and
characteristics.
\5\ As mentioned above, EPA determined that data elements in
these two categories are not ``emission data'' under CAA section
114(c) and 40 CFR 2.301(a)(2)(i) for purposes of determining the GHG
emissions to be reported under Part 98. That determination would
apply to data elements in these six subparts assigned to those
categories through this rulemaking.
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The following two direct emitter data categories do not have
category-based CBI determinations: ``Unit/Process `Static'
Characteristics That are Not Inputs to Emission Equations'' and ``Unit/
Process Operating Characteristics That are Not Inputs to Emission
Equations.'' For these two categories, EPA evaluated the individual
data elements assigned to these categories to determine whether
individual data elements qualify as CBI. In the sections below, EPA
explains the data elements in these two categories by subpart and
states the reasons for proposing to determine that each does or does
not qualify as CBI under CAA section 114(c). EPA is specifically
soliciting comments on the CBI proposals for data elements in these two
data categories. In each subpart section below, the data elements that
are part of the annual GHG report submission are identified in bulleted
lists. Any data elements that are part of subpart-specific BAMM use
extension requests are discussed but not
[[Page 1442]]
individually listed because they are repetitive (for example, there are
several data elements that slightly differ by only a date or equipment
type), lengthy, and numerous. These data elements are listed
individually by data category and proposed confidentiality
determination in the Memorandum entitled ``Docket EPA-HQ-OAR-2011-0028
Memo A.'' In the subpart RR section below, EPA also identifies in a
bulleted list four data elements for which we considered multiple
approaches to making a CBI determination and one data element for which
we considered multiple approaches to making a data category assignment.
We specifically request comment on the proposed approaches for these
five subpart RR data elements.
1. Subpart L--Fluorinated Gas Production
The ``Unit/Process `Static' Characteristics That are Not Inputs to
Emission Equations'' data category.
EPA is proposing to assign one subpart L data element to the
``Unit/Process `Static' Characteristics That are Not Inputs to Emission
Equations'' data category because it is a basic facility-specific
characteristic that does not vary with time or with the operations of
the process (and is not an input to an emission equation). The data
element is:
Location and function of the stream(s) (including process
streams, emissions streams, and destroyed streams) that were analyzed
under the initial scoping speciation of fluorinated GHG at 40 CFR
98.124(a), by process. (proposed as CBI)
EPA proposes to determine that disclosure of this data element
would likely result in substantial competitive harm if released and
therefore will be protected as confidential business information. EPA
finds that this data element could provide insight into the
manufacturing process and the configuration of the facility, such as
which process equipment is sending streams to which process equipment.
This could reveal information about configuration efficiencies that the
reporter has developed, generally at great expense and time investment,
to minimize manufacturing cost and to maximize the manufacturing rate.
If a competitor could review such information on configuration, the
competitor would be able to adopt the reporter's efficiency practices
with less development time and expense and would gain competitive
advantage at the expense of the reporter's competitive advantage.
Therefore, EPA finds that releasing the data element describing the
location and function of the process streams would likely result in
substantial competitive harm, and EPA proposes to determine that this
data element qualifies for protection as confidential business
information.
The ``Unit/process Operating Characteristics That Are Not Inputs to
Emission Equations'' data category.
EPA is proposing to assign 23 subpart L data elements to the
``Unit/process Operating Characteristics That are Not Inputs to
Emission Equations'' data category because they are characteristics of
units, equipment, abatement devices, and other facility-specific
characteristics that vary over time with changes in operations and
processes (and are not inputs to emission equations). Twenty-two of
these data elements are part of extension requests for the use of BAMM
and relate to the reasons for a request and expected dates of
compliance with reporting requirements. One is part of the annual GHG
report and is listed here:
Name of all applicable Federal or State regulations that
may apply to the destruction process.
As discussed in more detail below, EPA is proposing that seven data
elements in the ``Unit/process Operating Characteristics That Are Not
Inputs to Emission Equations'' data category are CBI. (All seven are
part of data elements included in BAMM use extension requests.) EPA is
proposing to determine that the other data elements in the ``Unit/
process Operating Characteristics That Are Not Inputs to Emission
Equations'' data category are not CBI.
EPA proposes to determine that the annual GHG report data element
in this category is not CBI. The Federal and State regulations that may
apply to a fluorinated GHG destruction process or device are already
part of the public record as part of the facility's Title V operating
permit or minor source air emissions permit. Furthermore, Federal
regulations are published in the CFR (e.g., Miscellaneous Organic
NESHAP is published at 40 CFR part 63, subpart FFFF) and State
regulations are similarly published (e.g., the Louisiana Administrative
Code 33: III.501.C.6 is published in the Louisiana Register). Because
this information is publicly available it does not qualify for
protection as confidential business information and will be considered
to be non-CBI.
EPA proposes to determine that seven of the 22 data elements
included in BAMM use extension requests qualify as CBI because their
disclosure would likely cause substantial harm to the reporter's
competitive positions (each data element and its proposed category
assignment are listed by data category in the Memorandum entitled
``Docket EPA-HQ-OAR-2011-0028, Memo A.'') Three of these data elements
reveal the reason for requesting a BAMM extension and the reason why
equipment was not (or could not be) installed. EPA has reviewed a
number of BAMM use extension requests and determined that these three
data elements contain detailed information, such as process diagrams
and operational information. Process diagrams and operational
information could provide insight into configuration efficiencies that
the reporter has developed, generally at great expense and time
investment, to minimize manufacturing cost and to maximize the
manufacturing rate. If a competitor could review such information on
the reporter's configuration, the competitor would be able to adopt the
reporter's efficiency practices with less development time or expense
and would gain competitive advantage at the expense of the reporter's
competitive advantage. Therefore, EPA finds that releasing the reasons
for requesting a BAMM use extension would likely result in substantial
competitive harm, and EPA proposes to determine that this information
will be treated as confidential business information.
We also propose to find that four other data elements that divulge
when an owner or operator will be able to attain data, equipment, or
measurements to comply with reporting requirements are eligible for
confidential treatment. These data elements would reveal information
about the installation date of equipment and the date of anticipated
startup. This could provide sensitive information regarding future
process shutdowns, and likely would cause substantial competitive harm
if disclosed because competitors could use this information to
anticipate and potentially benefit from future decreases in product
supply. For example, a competitor able to anticipate the shutdown of a
reporter's facility and resulting decrease in product supply, could use
this
