2012 Technical Corrections, Clarifying and Other Amendments to the Greenhouse Gas Reporting Rule, and Proposed Confidentiality Determinations for Certain Data Elements of the Fluorinated Gas Source Category, 29935-29953 [2012-12193]

Download as PDF mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules 083°47′12.84″ W then northwest to 45°25′11.30″ N 083°48′22.88″ W then back to the point of origin [DATUM: NAD 83]. (b) Enforcement period. This regulation will be enforced from 1 p.m. until 5 p.m. on August 3–5, 2012. (1) The Captain of the Port, Sector Sault Sainte Marie may suspend at any time the enforcement of the safety zone established under this section. (2) The Captain of the Port, Sector Sault Sainte Marie, will notify the public of the enforcement and suspension of enforcement of the safety zone established by this section via any means that will provide as much notice as possible to the public. These means might include some or all of those listed in 33 CFR 165.7(a). The primary method of notification, however, will be through Broadcast Notice to Mariners and local Notice to Mariners. (c) Definitions. The following definitions apply to this section: (1) Designated representative means any Coast Guard commissioned, warrant, or petty officer designated by the Captain of the Port Sault Sainte Marie to monitor these safety zones, permit entry into these safety zones, give legally enforceable orders to persons or vessels within these safety zones, or take other actions authorized by the Captain of the Port. (2) Public vessel means a vessel owned, chartered, or operated by the United States or by a State or political subdivision thereof. (d) Regulations. (1) The general regulations in 33 CFR 165.23 apply. (2) All persons and vessels must comply with the instructions of the Coast Guard Captain of the Port Sault Sainte Marie or a designated representative. Upon being hailed by the U.S. Coast Guard by siren, radio, flashing light or other means, the operator of a vessel shall proceed as directed. (3) When the safety zone established by this section is being enforced, all vessels must obtain permission from the Captain of the Port Sault Sainte Marie or his or her designated representative to enter, move within, or exit that safety zone. Vessels and persons granted permission to enter the safety zone shall obey all lawful orders or directions of the Captain of the Port or his or her designated representative. While within the safety zone, all vessels shall operate at the minimum speed necessary to maintain a safe course. (e) Exemption. Public vessels, as defined in paragraph (c) of this section, are exempt from the requirements in this section. VerDate Mar<15>2010 17:07 May 18, 2012 Jkt 226001 Dated: May 4, 2012. J.C. McGuiness, Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie. [FR Doc. 2012–12261 Filed 5–18–12; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 98 [EPA–HQ–OAR–2011–0147; FRL–9667–4] RIN 2060–AR53 2012 Technical Corrections, Clarifying and Other Amendments to the Greenhouse Gas Reporting Rule, and Proposed Confidentiality Determinations for Certain Data Elements of the Fluorinated Gas Source Category Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The EPA is proposing to amend specific provisions of the Greenhouse Gas Reporting Rule to provide greater clarity and flexibility to facilities subject to reporting emissions from certain source categories. These source categories will report greenhouse gas (GHG) data for the first time in September of 2012. The proposed changes are not expected to significantly change the overall calculation and monitoring requirements of the Greenhouse Gas Reporting Rule or add additional requirements for reporters, but are expected to correct errors and clarify existing requirements in order to facilitate accurate and timely reporting. The EPA is also proposing confidentiality determinations for four new data elements for the fluorinated gas production source category of the Greenhouse Gas Reporting Rule. Lastly, we are proposing an amendment to Table A–7 of the general provisions to add a data element used as an input to an emission equation in the fluorinated gas production source category. DATES: Comments. Comments must be received on or before June 20, 2012. Public Hearing. The EPA does not plan to conduct a public hearing unless requested. To request a hearing, please contact the person listed in the following FOR FURTHER INFORMATION CONTACT section by May 29, 2012. Upon such request, the EPA will hold the hearing on June 5, 2012, in the Washington, DC area. The EPA will provide further information about the hearing on the GHGRP Web site, https:// www.epa.gov/climatechange/emissions/ SUMMARY: PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 29935 ghgrulemaking.html if a hearing is requested. Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2011–0147, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Email: MRR_Corrections@epa.gov. Include Docket ID No. EPA–HQ–OAR– 2011–0147 [and/or RIN number] in the subject line of the message. • Fax: (202) 566–9744. • Mail: Environmental Protection Agency, EPA Docket Center (EPA/DC), Mailcode 2822T, Attention Docket ID No. EPA–HQ–OAR–2011–0147, 1200 Pennsylvania Avenue NW., Washington, DC 20004. • Hand/Courier Delivery: EPA Docket Center, Public Reading Room, EPA West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20004. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Additional Information on Submitting Comments: To expedite review of your comments by agency staff, you are encouraged to send a separate copy of your comments, in addition to the copy you submit to the official docket, to Carole Cook, U.S. EPA, Office of Atmospheric Programs, Climate Change Division, Mail Code 6207–J, Washington, DC 20460, telephone (202) 343–9263, email address: GHGReportingRule@epa.gov. Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2011– 0147. The 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. Should you choose to submit information that you claim to be CBI in response to this notice, clearly mark the part or all of the comments that you claim to be CBI submitted in response to this notice. For information that you claim to be CBI 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 ADDRESSES: E:\FR\FM\21MYP1.SGM 21MYP1 29936 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules 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. Send or deliver information claimed as CBI to only the mail or hand/courier deliver address listed above, attention: Docket ID No. EPA–HQ–OAR–2011–0147. 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. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or email. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means the 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 the 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, the 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 the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the Air Docket, EPA/DC, EPA West Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Air Docket is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division, Office of Atmospheric Programs (MC– 6207J), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 343–9263; fax number: (202) 343–2342; email address: GHGReportingRule@epa.gov. For technical information, please go to the Greenhouse Gas Reporting Rule Program Web site at https://www.epa.gov/ climatechange/emissions/ ghgrulemaking.html. To submit a question, select Rule Help Center, followed by Contact Us. To obtain information about the public hearing or to register to speak at the hearing, please go to https://www.epa.gov/ climatechange/emissions/ ghgrulemaking.html. Alternatively, contact Carole Cook at 202–343–9263. Worldwide Web (WWW). In addition to being available in the docket, an electronic copy of this proposal will also be available through the WWW. Following the Administrator’s signature, a copy of this action will be posted on the EPA’s Greenhouse Gas Reporting Program Web site at https:// www.epa.gov/climatechange/emissions/ ghgrulemaking.html. SUPPLEMENTARY INFORMATION: Regulated Entities. The Administrator determined that this action is subject to the provisions of Clean Air Act (CAA) section 307(d). See CAA section 307(d)(1)(V) (the provisions of section 307(d) apply to ‘‘such other actions as the Administrator may determine’’). These are proposed amendments to existing regulations. If finalized, these amended regulations would affect owners or operators of direct emitters of GHGs. Regulated categories and examples of affected entities include those listed in Table 1 of this preamble: TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY Category NAICS Petroleum and Natural Gas Systems ....... 486210 221210 211 211112 334111 334413 334419 334419 325120 562212 322110 322121 322122 322130 311611 311411 311421 221320 Electronics Manufacturing ........................ mstockstill on DSK4VPTVN1PROD with PROPOSALS Fluorinated Gas Production ...................... Industrial Waste Landfills .......................... Table 1 of this preamble is not intended to be exhaustive, but rather lists the types of facilities that the EPA is now aware could be potentially affected by the reporting requirements. Other types of facilities not listed in the table could also be subject to reporting VerDate Mar<15>2010 17:07 May 18, 2012 Jkt 226001 Examples of affected facilities Pipeline transportation of natural gas. Natural gas distribution facilities. Extractors of crude petroleum and natural gas. Natural gas liquid extraction facilities. Microcomputers manufacturing facilities. Semiconductor, photovoltaic (solid-state) device manufacturing facilities. LCD unit screens manufacturing facilities. MEMS manufacturing facilities. Industrial gases manufacturing facilities. 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. requirements. To determine whether you are affected by this action, you should carefully examine the applicability criteria found in 40 CFR part 98, subpart A or the relevant criteria in the sections related to direct emitters of GHGs. If you have questions PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 regarding the applicability of this action to a particular facility, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. Acronyms and Abbreviations. The following acronyms and abbreviations are used in this document. E:\FR\FM\21MYP1.SGM 21MYP1 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules acf actual cubic feet AGR acid gas removal ASTM American Society for Testing and Materials BAMM best available monitoring methods CAA Clean Air Act CBI confidential business information CEMS continuous emissions monitoring system CFC chlorofluorocarbon CFR Code of Federal Regulations CH4 methane CO2 carbon dioxide DOC degradable organic carbon EF emission factor e-GGRT electronic-GHG Reporting Tool EPA U.S. Environmental Protection Agency FR Federal Register GHG greenhouse gas GHGRP Greenhouse Gas Reporting Program HCFC hydrochlorofluorocarbon kg kilograms kg/ft3 kilograms per cubic foot mcf methane correction factor MMscf million standard cubic feet MRV monitoring, reporting and verification MSHA Mine Safety and Health Administration MtCO2e metric tons carbon dioxide equivalent N2O nitrous oxide NAICS North American Industry Classification System NOAA National Oceanic and Atmospheric Administration NTTAA National Technology Transfer and Advancement Act OMB Office of Management and Budget PFCs perfluorocarbons psia pounds per square inch absolute RFA Regulatory Flexibility Act SF6 sulfur hexafluoride U.S. United States UMRA Unfunded Mandates Reform Act of 1995 mstockstill on DSK4VPTVN1PROD with PROPOSALS Table of Contents I. Background A. How is this preamble organized? B. Background on This Action C. Legal Authority D. How would these amendments apply to 2012 reports? E. How would these amendments affect confidentiality determinations? II. Technical Corrections, Clarifying and Other Amendments A. Subpart A—General Provisions 1. Background 2. Proposed Amendments 3. Overview and Approach to Proposed CBI Determinations B. Subpart TT—Industrial Waste Landfills 1. Background 2. Proposed Amendment 3. Overview and Approach to Proposed CBI Determinations C. Subpart W—Petroleum and Natural Gas Systems 1. Background 2. Proposed Technical Corrections 3. Overview and Approach to Proposed CBI Determinations D. Subpart L—Fluorinated Gas Production 1. Background 2. Proposed Amendments VerDate Mar<15>2010 17:07 May 18, 2012 Jkt 226001 3. Overview and Approach to Proposed CBI Determinations III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act (UMRA) E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations I. Background A. How is this preamble organized? The first section of this preamble contains the basic background information about the origin of these proposed rule amendments and request for public comment. This section also discusses the EPA’s use of our legal authority under the Clean Air Act to collect data under the Mandatory Reporting of Greenhouse Gases Reporting Rule, hereinafter referred to as the ‘‘GHG Reporting Rule.’’ The second section of this preamble describes in detail the changes that are being proposed to correct technical errors, to provide clarification, or to address implementation issues identified by the EPA and others. This section also presents the EPA’s rationale for the proposed changes and identifies issues on which the EPA is particularly interested in receiving public comments. This section also includes proposed confidentiality determinations for four new data elements for the fluorinated gas production source category of the Greenhouse Gas Reporting Rule. Finally, the last (third) section of the preamble discusses the various statutory and executive order requirements applicable to this proposed rulemaking. B. Background on This Action The 2009 final GHG Reporting Rule was signed by EPA Administrator Lisa Jackson on September 22, 2009 and published in the Federal Register on October 30, 2009 (74 FR 56260, hereafter referred to as the ‘‘2009 final rule’’ or ‘‘Part 98’’). The 2009 final rule, which became effective on December PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 29937 29, 2009, requires reporting of GHGs from various facilities and suppliers, consistent with the 2008 Consolidated Appropriations Act.1 Subsequent notices were published in 2010 finalizing the requirements for subpart TT (75 FR 39736, July 12, 2010), subpart W (75 FR 74458, November 30, 2010), and subpart L (75 FR 74774, December 1, 2010). Following the promulgation of these subparts, the EPA finalized four technical corrections and clarifying amendments to these and other subparts under the Greenhouse Gas Reporting Program (GHGRP) (75 FR 66434, October 28, 2010; 75 FR 79092, December 17, 2010; 76 FR 73866, November 29, 2011; 76 FR 80554, December 23, 2011). The corrections and amendments within those four actions did not change the basic requirements of the rule, but were intended to improve clarity and ensure consistency across the calculation, monitoring, and data reporting requirements. Similarly, the corrections, clarifying and other amendments in this action are intended to provide greater clarity and flexibility to facilities subject to reporting in 2012. On January 10, 2012 (77 FR 1434), EPA proposed confidentiality determinations for data elements (excluding those in the inputs to equation category) in 8 subparts of part 98, including subpart L. This proposed amendment includes adding 4 new data elements to subpart L. In conjunction with this addition, we are proposing confidentiality determinations for the new data elements in the proposed amendment to subpart L. C. Legal Authority The EPA is proposing these rule amendments under its existing CAA authority, specifically authorities provided in CAA section 114. As stated in the preamble to the 2009 final rule (74 FR 56260, October 30, 2009) and the Response to Comments on the Proposed Rule, Volume 9, Legal Issues, CAA section 114 provides the EPA broad authority to require the information proposed to be gathered by this rule because such data would inform and are relevant to the EPA’s carrying out a wide variety of CAA provisions. As discussed in the preamble to the initial proposed rule (74 FR 16448, April 10, 2009), CAA section 114(a)(1) authorizes the Administrator to require emissions sources, persons subject to the CAA, manufacturers of control or process equipment, or persons who the 1 Consolidated Appropriations Act, 2008, Public Law 110–161, 121 Stat. 1844, 2128. E:\FR\FM\21MYP1.SGM 21MYP1 29938 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS Administrator believes may have necessary information to monitor and report emissions and provide such other information the Administrator requests for the purposes of carrying out any provision of the CAA. For further information about the EPA’s legal authority, see the preambles to the 2009 proposed and final rules and EPA’s Response to Comments, Volume 9. In addition, EPA is proposing confidentiality determinations for four proposed data elements in subpart L, under its authorities provided in sections 114, 301 and 307 of the CAA. As mentioned above, CAA section 114 provides EPA authority to obtain the information in part 98, including those in subpart L. Section 114(c) requires that EPA make publicly available information obtained under section 114 except for information (excluding emission data) that qualify for confidential treatment. The Administrator has determined that this action (proposed amendment and confidentiality determination) is subject to the provisions of section 307(d) of the CAA. D. How would these amendments apply to 2012 reports? The EPA is proposing technical clarifications and amendments to 40 CFR part 98, subparts A, L, W, and TT. The EPA is planning to address any comments on these proposed amendments and publish final amendments before September 28, 2012. Therefore, reporters would be expected to calculate emissions and other relevant data for the reports that are submitted by September 28, 2012 using 40 CFR part 98 as amended by this proposed action. We have determined that it is feasible for the sources to implement these changes for the 2011 reporting year because the revisions are primarily technical corrections that provide clarifications regarding the existing regulatory requirements, or reduce the amount of information that is required to be reported. The proposed amendments do not change the type of information that must be collected, and do not materially affect how emissions are calculated. In the case of 40 CFR part 98, subpart A (subpart A), the proposed amendment is merely a harmonizing change to a technical correction finalized in February 2012 (see 77 FR 10373). That final amendment required reporters to calculate emissions of certain additional fluorinated heat transfer fluids under subpart I; however, the EPA inadvertently did not amend the corresponding requirement to include those calculated emissions in the annual VerDate Mar<15>2010 17:07 May 18, 2012 Jkt 226001 GHG report. In this action, we are proposing to include these emissions from heat transfer fluids in the facility level totals reported to the EPA in the annual GHG report. In the case of 40 CFR part 98, subpart L (subpart L), the EPA is proposing that facilities subject to subpart L report greenhouse gas emissions in a less detailed manner for Reporting Years 2011 and 2012. This proposed amendment is a temporary change (i.e., for years 2011 and 2012 only) to allow the EPA time to fully evaluate concerns recently raised by stakeholders that reporting, and subsequent EPA release, of certain emission data would reveal trade secrets. In the case of 40 CFR part 98, subpart W (subpart W), the EPA concludes that these proposed amendments are all technical corrections that, while important to make to allow reporters to calculate emissions accurately, do not materially affect the actions facilities would have already undertaken to comply with the rule. For example, in this action, EPA is proposing a correction to the emission factors in Table W–1A of subpart W for the onshore petroleum and natural gas production segment. In the December 23, 2011 final rule (76 FR 80554, December 23, 2011, referred to hereinafter as the ‘‘December 2011 final rule’’), the EPA revised several of the emission factors in this table, along with the emission factors in other tables in subpart W to reflect a consistent standard temperature and pressure. In the process of converting specific emission factors within Table W–1A of subpart W an omission occurred that we are proposing to correct in this action. As stated previously, a proposed change such as this would not materially affect the actions a facility would undertake to comply with the rule. In the case of 40 CFR part 98, subpart TT (subpart TT), this proposal excludes some facilities from the reporting requirements and thereby further reduces the reporting under the GHG Reporting Rule. These excluded facilities are not expected to emit GHGs since they only receive inert wastes that do not generate methane. For additional background information regarding some of these amendments, please refer to the Technical Support Document for the 2012 Technical Corrections, Clarifying and Other Amendments to Certain Provisions of the Greenhouse Gas Reporting Rule proposal available in the docket for this rulemaking (EPA–HQ– OAR–2011–0147). The EPA generally seeks comment on the EPA’s conclusion that it would be PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 appropriate to implement these proposed amendments and incorporate the requirements for the data that must be reported to the EPA by September 2012. Further, we seek comment on whether there are specific proposed changes for which this timeline may not be feasible or appropriate. We request that commenters provide specific examples of how the proposed implementation schedule would or would not be feasible. E. How would these amendments affect confidentiality determinations? The proposed amendments do not affect the confidentiality determinations for subpart A data elements finalized in the Final CBI rule,2 (hereinafter referred to as the ‘‘final CBI rule’’), the proposed determinations for subpart W 3 and subparts L and TT,4 or the proposed or final deferral rule(s) extending the reporting deadlines for the data elements in these subparts that are as assigned to the inputs to emission equations data category.5 In this notice, we are proposing confidentiality determinations for proposed new subpart L data elements. The proposed confidentiality determinations for these new data elements together with our rationale are discussed in detail in Section II.D.3 of this preamble. There are no proposed determinations for subparts A, W, and TT, since the proposed amendments to those subparts do not include any proposed new data elements. The proposed amendments would delete an existing subpart W data element and make only minor clarifications to the existing reporting requirements in subpart W. For the Subpart A proposed amendments, we are not proposing any confidentiality determinations because the data element being added is a subset of another data element in subpart I for which we’ve already proposed a CBI determination. This is explained in further detail in Section II.A.3 of this preamble. There are no proposed amendments to the reporting requirements for subpart TT. II. Technical Corrections, Clarifying and Other Amendments The EPA has identified minor corrections, clarifying and other amendments that we are now proposing in this action. We have also identified certain rule provisions that we are 2 See 75 FR 30782, May 26, 2011. 77 FR 11039, February 24, 2012. 4 See 77 FR 1434, January 10, 2012. 5 See 77 FR 11039, February 24, 2012 (subpart I), 77 FR 1434, January 10, 2012 (subpart W), and 76 FR 53057, August 25, 2011. 3 See E:\FR\FM\21MYP1.SGM 21MYP1 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules proposing to amend to provide greater clarity. The amendments we are now proposing include the following types of changes: • Changes to correct cross references within and between subparts. • Amendments to certain equations to better reflect actual operating conditions. • Corrections to terms and definitions in certain equations. • Corrections to data reporting requirements so that they more closely conform to the information used to perform emission calculations. • Amendment to Table A–7 to subpart A to add a Subpart L data element used as an input to an emission equation that was inadvertently omitted in the final deferral rule. • Other amendments related to certain issues identified as a result of working with the affected sources during rule implementation and outreach. We are seeking public comment only on the issues specifically identified in this proposed rule for the identified subparts. We will not consider, through this notice and comment process, comments that are outside the scope of this proposed rule. A. Subpart A—General Provisions mstockstill on DSK4VPTVN1PROD with PROPOSALS 1. Background In today’s rule, we are proposing a few minor amendments to the general reporting requirements of 40 CFR 98.3(c)(4) of subpart A. These changes relate to reporters that would be reporting under the electronics manufacturing source category (40 CFR part 98, subpart I; hereinafter referred to as ‘‘subpart I’’). We are also proposing an amendment to Table A–7 to subpart A to add a Subpart L data element used as an input to an emission equation that was inadvertently omitted in the final deferral rule. For subpart I, the proposed change clarifies the GHGs that should be reported in the annual GHG report (40 CFR 98.3(C)(4)). This proposed change follows the amendments to reporting requirements for heat transfer fluids (fluorinated HTFs) that were published on February 22, 2012 (77 FR 10373). In that rule, the EPA amended the definition of fluorinated HTFs to specify that the lower vapor pressure limit clause in the subpart A definition of fluorinated GHG did not apply to fluorinated HTFs in subpart I beginning in reporting year 2012 (40 CFR 98.98). 2. Proposed Amendments Section 98.3(c)(4) of subpart A specifies the types of data and format for VerDate Mar<15>2010 17:07 May 18, 2012 Jkt 226001 reporting emissions in the annual GHG reports (e.g., annual emissions from each source category by GHG). Without the proposed change to conform the subpart I requirements for fluorinated HTFs with subpart A, reporters are required to calculate emissions of fluorinated HTFs under subpart I but report only a subset of them in their annual report totals under subpart A. The proposed amendment to subpart A specifies that facilities subject to subpart I must include all fluorinated HTFs in the computation of CO2e that is required by 40 CFR 98.3(c)(4)(i). Facilities must report each fluorinated HTF that is also a fluorinated GHG under 40 CFR 98.3(c)(4)(iii)(E) and each fluorinated HTF that is not a fluorinated GHG in the newly proposed data element, 40 CFR 98.3(c)(4)(iii)(F). Today’s proposed change is a harmonizing modification to clarify how facilities subject to subpart I would report the emissions from fluorinated heat transfer fluids, as required by the February 22, 2012 amendments to subpart I. The EPA determined that this change would simplify reporting for facilities and reduce burden by amending subpart A to be consistent with the requirements in subpart I. The EPA is proposing to make this change effective for reporting year 2012. Given that facilities are already required to calculate emissions of fluorinated HTFs under subpart I, reporters will already have the necessary data to comply with the proposed amendments. Table A–7 to subpart A of Part 98 lists the inputs to emission equations whose reporting deadlines are currently deferred until March 31, 2015. In the final deferral, the data element, ‘‘the mass of each fluorine-containing product produced by the process’’ (40 CFR 98.126(b)(7)) was inadvertently omitted from Table A–7 of subpart A. This data element is an input to an equation because it is used in Equation L–6. Thus, we are proposing to amend Table A–7 to subpart A to include this input and hence, defer its reporting deadline until March 31, 2015. 3. Overview and Approach to Proposed CBI Determinations The proposed changes to subpart A do not affect the proposed confidentiality determinations for subpart A or I data elements or the proposed deferral of the deadline for reporting inputs to emission equations (February 22, 2012, 77 FR 10434; Mandatory Reporting of Greenhouse Gases Rule: Confidentiality Determinations and Best Available Monitoring Methods Provisions, hereinafter referred to as the ‘‘February 22, 2012 CBI rule’’). PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 29939 As discussed in Section II.A.2 of this preamble, the EPA is proposing to add a data element in Subpart A (98.3(c)(4)(iii)(F)). This additional data element is a harmonizing change that makes the subpart A requirements consistent with the recently finalized February 22, 2012 subpart I amendments. To that end, the information that would be reported under the proposed new data element in subpart A is a subset of the information to be reported under the data element 98.96(c)(4), which the EPA proposed to be non-confidential by assigning it to the ‘‘Emissions’’ category in a recent action.6 Since the information proposed under Subpart A in today’s action is a subset of the information to be reported under 98.96(c)(4), the confidentiality determination proposed for that subpart I data element applies to the subpart A data element proposed in this action. As a result, we are not proposing a confidentiality determination for the new subpart A data element in this action. B. Subpart TT—Industrial Waste Landfills 1. Background In this action we are proposing one correction to the provisions of subpart TT to exclude certain facilities that only receive inert waste from reporting requirements under the GHG Reporting Rule. This proposed amendment would ensure that landfills that are not expected to emit GHGs are excluded from reporting requirements under this subpart. 2. Proposed Amendment We are proposing one technical amendment to subpart TT to address questions received about applicability of the subpart to industrial waste landfills that receive only inert wastes. In subpart TT, the volatile solids concentration is used as a surrogate for determining degradable organic carbon (DOC) content of a waste material [40 CFR 98.464(b)(4)(ii)]. In 40 CFR 98.460(c)(xii), the EPA provides an exclusion for those facilities that receive inert waste materials ‘‘with a volatile solids concentration of 0.5 weight percent (on a dry basis) or less.’’ However, some landfill owners or operators test their waste stream to determine directly waste-specific degradable organic content. These tests, when performed as described in 40 CFR 98.464(b)(4)(i)(A) of the rule, can provide a more accurate DOC value than calculating organic content from volatile 6 See E:\FR\FM\21MYP1.SGM 77 FR 10434, February 22, 2012. 21MYP1 29940 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules solids. Therefore, to ease reporting burden on those facilities that receive inert waste but calculate DOC directly, we propose to add a direct DOC value exclusion as 40 CFR 98.460(c)(2)(xiii). This exclusion would be provided in weight percent on a wet basis because this is consistent with the units for DOC. 3. Overview and Approach to Proposed CBI Determinations This proposed amendment to subpart TT is not expected to affect the proposed confidentiality determinations for subpart TT data elements or the proposed deferral of the deadline for reporting of inputs to emission equations (January 10, 2012, 77 FR 1434; Proposed Confidentiality Determinations for Data Elements Under the Mandatory Reporting of Greenhouse Gases Rule and Amendments to Table A–6 to Subpart A of Part 98, of the Greenhouse Gas Reporting Rule, hereinafter referred to as the January 10, 2012 CBI rule.) C. Subpart W—Petroleum and Natural Gas Systems mstockstill on DSK4VPTVN1PROD with PROPOSALS 1. Background In this action, the EPA is proposing minor corrections and clarifying amendments to certain provisions to assist facilities with implementing existing rule requirements. We are proposing technical corrections to provisions in subpart W for calculating and reporting greenhouse gas emissions, as well as several emission factors in associated tables. Since publication of subpart W in November 2010, the EPA amended subpart W on December 23, 2011, (76 FR 80554). That notice included technical corrections and clarifications designed to increase flexibility, provide needed clarification regarding applicability, and to address specific errors in equations and citations. This proposal complements that action and is not intended to duplicate or replace the amendments published on December 23, 2011. Many of the corrections in the December 23, 2011 action were the result of internal review by the EPA, as in the case of the correction to the calculation methodology for estimating emissions from gas well venting during completions and workovers using hydraulic fracturing. Onshore petroleum and natural gas facilities subject to subpart W are required to report emissions resulting from this emission source using one of three methods in the December 23, 2011 rule. The first method relies on installation of a recording flow meter on the vent line VerDate Mar<15>2010 17:07 May 18, 2012 Jkt 226001 (upstream of a flare or vent if used) to measure the flowback rate for representative wells in each gas producing sub-basin category and well type combination. The second method is based on engineering equations to calculate the well flowback during well completions and workovers from hydraulic fracturing. The last method applies to facilities that are already measuring the flowback volumes during gas well completions or workovers within a given sub-basin and well type combination. Following the EPA’s review of this emission source, and method two in particular, we determined that correction was needed to Equations W– 11A and W–11B to convert the resultant flow rate (parameter FR) into standard conditions instead of the resultant actual conditions as written. Without this conversion, the calculated flow volumes in Equations W–11A and W– 11B would incorrectly result in actual conditions instead of standard conditions, which is necessary for input into Equations W–12 and W–10A. In this action, the EPA is proposing to include a correction to convert the flow rate determined in Equation W–11A and W–11B to standard conditions through the use of Equation W–33. 2. Proposed Technical Corrections EPA is proposing several technical corrections and amendments to subpart W to correct equations and otherwise clarify provisions in the rule to ensure consistency across the calculation, monitoring, and reporting requirements in subpart W and thereby facilitate reporting. This section describes the EPA’s proposed corrections for subpart W. Calculating Greenhouse Gas Emissions. The EPA is proposing several clarifications, corrections, and amendments throughout 40 CFR 98.233. These proposed changes are intended to clarify terms, correct references, and remove extraneous terms. Dehydrator Vents. The EPA is proposing to amend Equation W–6 in 40 CFR 98.233(e)(5) by removing a factor of 1000 from the denominator so that the calculated emissions will result in standard cubic feet rather than thousand standard cubic feet. Well Venting for Liquids Unloading. The EPA is proposing to provide reporters with the option to take and use more than the prescribed number of sample measurements per unique well tubing diameter and pressure group combination per sub-basin. The EPA notes that this would not change the burden to reporters, and still only would require that one sample per PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 unique well tubing diameter and pressure group combination be taken, but would allow reporters to account for any additional samples that they may have already taken. The EPA is proposing to amend Equation W–7 in 40 CFR 98.233(f)(1) by changing the parameter ‘‘FRp’’ to ‘‘FR’’ in both Equation W–7 and in the definition to avoid confusion. As previously written, the equation could be interpreted to imply that the flow rate should be measured for all wells, as ‘‘p’’ refers to all wells in a pressure group and tubing group combination; rather, the intention of the equation is to calculate the flow rate for at least one well in each tubing and pressure group combination within a sub-basin. Removing the subscript ‘‘p’’ from the parameter and revising the parameter definition accordingly clarifies that the measurement is not for all wells. Also in Equation W–7, the EPA is proposing to amend the parameter Tp and its definition to clarify that it refers to the cumulative amount of time in hours for venting of each well as opposed to the time for the well(s) that were measured. The EPA is proposing to update Equation W–8 in 40 CFR 98.233(f)(2) by revising the definition of parameter SPp to clarify that the reporter must take a ratio of casing to tubing pressure. The EPA is further updating Equation W–8 and also Equation W–9 in 40 CFR 98.233(f)(3) by replacing the subscript ‘‘q’’ with ‘‘p’’ in parameter SFR to match the definition of parameter SFRp. Finally, for Equations W–8 and W–9, the EPA is clarifying that the terms Vp and HRp,q are to be monitored per unloading event. Gas Well Venting During Completions and Workovers from Hydraulic Fracturing. The EPA reviewed Equation W–11A, which calculates a flow rate for subsonic flow, and Equation W–11B, which calculates a flow rate for sonic flow. These equations are intended to calculate flow of gas following hydraulic fracturing of gas wells through a choke at the wellhead. The EPA determined that the equations as presented in the final rule are correct. However, it may not be clear in the December 2011 final rule that the output from Equations W–11A and W–11B are at actual conditions, i.e., subsonic and sonic flow conditions and that a conversion of the results from Equation W–11A and W–11B to standard conditions is required prior to use in Equation W–12. Omitting the step of converting actual to standard conditions results in a lower flowrate output from Equation W–11A or Equation W–11B, which corresponds to a lower emissions calculation in Equation W–10A. In this E:\FR\FM\21MYP1.SGM 21MYP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules proposed rule, EPA proposes to add a reference to 40 CFR 98.233(t) in the parameter definition FRs,p to convert FRa to standard conditions. Furthermore, to eliminate this potential ambiguity and make the equations more explicit, the EPA is proposing to insert the word ‘‘actual’’ in the definition of flow rate, FR, and also add a subscript ‘‘a.’’ Finally, EPA proposes to clarify the definition of orifice cross sectional area, ‘‘A’’ to state ‘‘Cross sectional open area of the restriction orifice (m2).’’ The EPA is proposing to clarify that the flow volume variable FVs,p in Equation W–10B is at standard cubic feet, which is a volume unit as opposed to the standard cubic feet per hour flow rate unit in the December 2011 final rule. Although the engineering equations in subpart W more commonly use flow rates as units of measurement, the use of flow volumes in equation W– 10B is similar to the use of flow volume in 40 CFR 98.233(n), which includes provisions for reporters to calculate their flow volumes in standard cubic feet as opposed to a cubic feet per hour flow rate value. Finally, the EPA is proposing to provide reporters with the option to take and use more than the prescribed number of sample measurements per sub-basin and well type (horizontal or vertical). As described above for a similar proposed amendment for well venting for liquids unloading, the EPA notes that this would not change the burden to reporters, but would allow reporters to account for any additional samples that they may have already taken. Gas Well Venting During Completions and Workovers Without Hydraulic Fracturing. The EPA is proposing amendments to clarify that the output of Equation W–13 is a sum of emissions from all completions and workovers without hydraulic fracturing within a sub-basin. Blowdown Vent Stacks. The EPA is proposing to revise the nomenclature of two terms in Equations W–14A and W– 14B. First, the EPA is revising the parameter ‘‘Es,n’’ in the parameter description to match the term in the Equation W–14B. Second, the EPA is revising the term ‘‘Ta’’ to ‘‘Ta,p’’ in Equation W–14B to clarify the intent of the equation, which allows the reporter to input the temperature in actual conditions for each blowdown event ‘‘p.’’ Onshore Production Storage Tanks. The EPA is proposing to revise 40 CFR 98.233(j)(5) to clarify that the term ‘‘throughput’’ refers to ‘‘average daily throughput of oil’’ consistent with similar changes made elsewhere in 40 VerDate Mar<15>2010 17:07 May 18, 2012 Jkt 226001 CFR 98.233(j) during the December 23, 2011 technical corrections final rule. The EPA is also proposing to revise the definition of ‘‘Count’’ in Equation W–15 of 40 CFR 98.233(j)(5) to clarify that the reporters are to only count the separators or wells that feed oil directly to the storage tank. The count should not include separators that feed oil to other separators. The EPA is also proposing to revise the parameter definition of ‘‘1000’’ to accurately describe the conversion occurring through this parameter. Well Testing Venting and Flaring. The EPA is proposing to revise the definition of ‘‘PR’’ in Equation W–17B of 40 CFR 98.233(l)(3) to clarify that the production rate is in actual and not standard conditions. Flare Stack Emissions. The EPA is proposing to remove and reserve 40 CFR 98.233(n)(7) to harmonize the language with the reporting requirements in 40 CFR 98.236, which requires emissions to be reported separately for combusted CO2, uncombusted CO2, and uncombusted CH4. This deletion would remove an undesired calculation. Centrifugal and Reciprocating Compressors. The EPA is proposing to make technical corrections to Equations W–23, W–24, W–27, and W–28 to provide the proper notation for the summations in those equations so that owners and operators may correctly calculate GHG emissions from centrifugal and reciprocating compressors. Although EPA recognizes that additional clarifications to the definitions in the parameters to these equations could be helpful to owners and operators, the EPA has not proposed any substantive changes in this action. This is because, following the publication of subpart W in the Federal Register in 2010, several industry groups requested reconsideration of several provisions in the final rule, including the reciprocating and centrifugal compressor monitoring requirements. At present, we are merely making technical corrections to the existing equations in the rule, and are not granting reconsideration of the compressor requirements or any other issues raised in those petitions for reconsideration in this action. We will consider the compressor monitoring requirements at a later time. Finally, the EPA is proposing to revise the definition of parameter EFi in Equation W–25 in 40 CFR 98.233(o)(7) by deleting the term ‘‘thousand’’ to eliminate an unnecessary unit conversion. Population Count and Emission Factors. We are also proposing to amend PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 29941 an incorrect reference in 40 CFR 98.233(r)(2) to ‘‘Table W–1A’’ to Subpart A of Part 98 instead of ‘‘Table 1–A.’’ Finally, in 40 CFR 98.233(r)(6)(ii), we are proposing to revise the term ‘‘meter or regulator’’ and replace it with ‘‘meter/ regulator,’’ for consistency with the term prescribed in the definition in 40 CFR 98.238. Volumetric emissions. The EPA is proposing to revise 40 CFR 98.233(t) to clarify that reporters do not need to alter their calculation results to standard conditions if the results already reflect standard conditions. GHG mass emissions. The EPA is proposing to revise the definition of parameter ‘‘ri’’ in Equation W–36 to amend the density value of CH4 to be 0.0192 kg/ft3 in Equation W–36. The current density value of 0.04220 is the density of CH4 in lb/ft3. In the required units of kg/ft3, the density value for CH4 should be 0.0192 kg/ft3. Onshore Production and Distribution Combustion Emissions. The EPA is proposing to replace the parameter ‘‘ECO2’’ with ‘‘Ea,CO2’’ in the parameter definition for Equation W–39A in 40 CFR 98.233(z)(2)(iii) to match the parameters in the equation. Finally, the EPA is proposing to revise the definition of ‘‘HHV’’ in 40 CFR 98.233(z)(2)(vi) to reflect the correct term represented by the acronym. Data Reporting Requirements. The EPA is proposing amendments to specific provisions within 40 CFR 98.236. These changes are intended to clarify terms, correct references, and remove extraneous terms. First, the EPA is proposing to amend 40 CFR 98.236(c)(5)(ii)(D) to clarify that the average internal casing diameter of all wells, as opposed to each well, must be reported. Second, we propose to amend 40 CFR 98.236(c)(9) by removing the text, ‘‘using optical gas imaging instrument per 40 CFR 98.234(a) (refer to 40 CFR 98.233(k)), or acoustic leak detections of.’’ This is because 40 CFR 98.233(k) allows the use of several monitoring methods for determining tank vapor vent stack emissions. The text in 40 CFR 98.236(c)(9) limits the reporters to optical gas imaging and acoustic leak detection, which is misleading. The EPA is also proposing to amend 40 CFR 98.236(c)(13)(iii)(C) to correct for an error in the units associated with emissions from isolation valve leakage for centrifugal compressors measured using provisions in 40 CFR 98.233. Specifically, EPA is proposing to replace the units of ‘‘cubic feet per hour’’ with ‘‘metric tons of CO2e for each gas’’ to align the units of this data reporting element to those of the general E:\FR\FM\21MYP1.SGM 21MYP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 29942 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules provisions of Part 98, 40 CFR 98.3(c)(4)(i), which require reporting of annual emissions in units of mass in metric tons of CO2e. EPA seeks comment on this proposed amendment to correct the units for this data reporting element. Next, the EPA is proposing to amend 40 CFR 98.236(c)(15)(i)(B) by updating the incorrect reference to ‘‘Equation W– 30’’ to read ‘‘Equation W–30A.’’ Similarly, the EPA is proposing to amend 40 CFR 98.236(c)(15)(i)(C) by updating the incorrect reference to Equation W–30 to read Equation W– 30A. In 40 CFR 98.236(c)(15)(i)(C), the EPA proposes to delete the unnecessary reference to ‘‘parameter GHGi.’’ In 40 CFR 98.236(c)(15)(ii)(A), the EPA is proposing to remove the text references to ‘‘(a)(4)’’ and ‘‘W–3’’ because the reporting requirements for pneumatic devices are already covered under 40 CFR 98.236c)(1) and making this reference unnecessary. Similarly, the EPA is proposing to delete the reference to ‘‘(a)(8)’’ because the reporting requirements for population counts in the natural gas distribution industry segment are already covered under 40 CFR 98.236(c)(16). Finally, the EPA is proposing to delete ‘‘and CH4’’ from the reporting requirements for EOR injection pumps in 40 CFR 98.236(c)(17)(v). The EPA clarified through the December 23, 2011 final rule that only CO2 emissions must be calculated from EOR injection pump blowdowns (76 FR 80565). Although the calculation requirements were clarified in that rule, the harmonizing change was not made to remove CH4 from the data reporting requirements. This proposed change would make the data reporting requirements consistent with the calculation procedures in Equation W–37. Emission Factor Tables. First, we are proposing to revise the incorrect title of Table W–1A of subpart W by deleting ‘‘Table A–1A’’ and correcting it to ‘‘Table W–1A.’’ In the December 2011 technical corrections final rule (76 FR 80592), the emission factors were converted from a standard temperature of 68 °F to a standard temperature of 60 °F. The EPA inadvertently used an incorrect intermediary version of Table W–1A to convert the emission factor. In this proposed rule, the EPA is proposing to rectify the emission factors in Table W– 1A using the correct version of Table W–1A from the November 2010 rule. We note that the EPA did receive technical comments on the actual default emission factor values in Table W–1A in the December 2011 technical corrections final rule (see the Response VerDate Mar<15>2010 17:07 May 18, 2012 Jkt 226001 to Comments document for the final rule, comment number EPA–HQ–OAR– 2011–0147–0016, Excerpt 30). This proposed action merely proposes to correct the error that resulted in December 2011 from use of an incorrect intermediary table when the emission factors were converted from a standard temperature of 68 °F to a standard temperature of 60 °F. As stated in the Response to Comments document referenced above, the EPA may consider substantive changes to the default factors for future rulemakings. The EPA made changes to the emission factors for the Eastern United States in December 2011 as result of comments on the calculation performed to derive these numbers. Similar changes were required for the pneumatic devices in the Western United States but were inadvertently not made in the December 2011 final rule. Therefore, the EPA is proposing to make a similar change to the pneumatic device emission factors for the Western United States. Finally, we are proposing to amend Table W–5 to provide the crossreference for footnote 2, by adding a reference associated with footnote 2 to Vapor Recovery Compressor. 3. Overview and Approach to Proposed CBI Determinations In this action, the EPA is proposing a small number of revisions to the data reporting requirements affecting subpart W reporters. Specifically, in this action, the EPA is proposing to make the following amendments: • 40 CFR (c)(5)(ii)(D) to clarify that the average internal casing diameter must be reported for all wells, as opposed to each well. • 40 CFR 98.236(c)(9) to align the reporting requirements with the corresponding calculation methodologies in 40 CFR 98.233(k) by removing erroneous text. • 40 CFR 98.236(c)(13)(iii)(C) to correct the units of the reporting requirements. • 40 CFR 98.236(c)(15)(i)(B) and (C) to remove incorrect references and citations. • 40 CFR 98.236(c)(15)(ii)(A) to remove unnecessary text which if not removed results in redundancy for reporters. • 40 CFR 98.236(c)(17)(v) to remove reporting of CH4 to make the reporting requirements consistent with the calculation procedures. For these data elements, the EPA proposed confidentiality determinations (for non-inputs), and deferral of reporting (for inputs) in a proposed action, Proposed Confidentiality PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 Determinations for the Petroleum and Natural Gas Systems Source Category, and Amendments to Table A–7 of the Greenhouse Gas Reporting Rule, published on February 24, 2012 (77 FR 11039). These five amendments are minor clarifications that do not change the general meaning of the data elements and therefore would not affect the determinations or deferrals proposed in that action. D. Subpart L—Fluorinated Gas Production 1. Background In today’s rule, we are proposing that greenhouse gas emissions be reported in a less detailed manner for the initial two years of reporting under subpart L. The proposed changes pertain only to subpart L, and would be a temporary change (i.e., for reporting years 2011 and 2012) to allow the EPA sufficient time to fully evaluate concerns recently raised by stakeholders that reporting and public availability of processspecific emissions of individual fluorinated GHGs may reveal trade secrets. Under subpart L, fluorinated gas producers are currently required to report greenhouse gas emissions by chemical for each process.7 On January 10, 2012, the EPA published proposed determinations regarding whether the Greenhouse Gas Reporting Program data elements in eight subparts of Part 98, including subpart L, would or would not be entitled to confidential treatment under the CAA (77 FR 1434). In that proposed rule, the EPA proposed that the chemical identities and quantities of the fluorinated GHG emissions at the process-level, reported under subpart L, are ‘‘emission data.’’ Under section 114 of the CAA, ‘‘emission data’’ are not eligible for confidential treatment. Two commenters on that proposed rule, the American Chemistry Council and 3M Company, raised concerns that the release of certain data elements that the EPA proposed to classify as emission data, and that therefore would not be eligible for treatment as confidential business information, would reveal trade secrets. 3M noted that, due to the uniqueness of its production processes, it may be the only U.S. producer of fluorinated gases that 7 Greenhouse gas emissions are currently required to be reported by chemical for each fluorinate gas production process, each fluorinated gas transformation process that is not part of a fluorinated gas production process, each fluorinate gas destruction process that is not part of a fluorinated gas production or transformation process, and venting of residual fluorinated GHGs (heels) from containers returned from the field (40 CFR 98.126(a)(2)). E:\FR\FM\21MYP1.SGM 21MYP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules has these trade secret concerns. No other producer of fluorinated gases individually raised these concerns in either the subpart L or CBI rulemakings. Both commenters stated that the disclosure of the identity and quantities of the fluorinated GHGs emitted at the process level, from either process vents or fugitive sources, would reveal sensitive information regarding individual chemical production processes. 3M stated that process-level emission data contain specific information on reactants, byproducts, and products that would provide competitors with a detailed understanding of 3M’s manufacturing process. They noted that competitors with knowledge of fluorine chemistry could use such information to identify the particular manufacturing pathways used by 3M. Competitors could then duplicate these processes without having to incur research and development costs, placing 3M at a competitive disadvantage. The American Chemistry Council and 3M Company also expressed concern that the disclosure of the identity and quantity of emissions at the process level could violate export control regulations. Specifically, the commenters stated that the release of some data elements would make public information that is subject to Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) that prohibit public disclosure for reasons of ‘‘national security, anti-terrorism, nuclear nonproliferation, and chemical and biological weapons security.’’ The commenters stated that the federal regulations not only control export of products, but also export of technical knowledge, such as the design of a product and production information, and that the release of process-level emission data may provide such insight into the design of a product or production information that is export controlled. The commenters stated that if the EPA attempted to protect exportcontrolled information from disclosure by implementing ‘‘an export control plan,’’ this would be in conflict with its position that emission data cannot be withheld from the public under the CAA. EPA needs additional time to fully evaluate whether these concerns are justified and how the rule might be changed to balance these concerns with the need to obtain the data necessary to inform the development of future GHG policies and programs. Specifically, EPA needs additional time to consider these comments, better understand whether the concerns raised are unique VerDate Mar<15>2010 17:07 May 18, 2012 Jkt 226001 to one facility/manufacturer, and evaluate whether a two-track approach with different levels of reporting for different facilities would be feasible. Memorandum: Potential Future Subpart L Options in the docket to this rulemaking (EPA–HQ–OAR–2011–0147) describes some possible alternative reporting frameworks. EPA is currently in the process of evaluating whether the potential options described in the memorandum would generate an adequate data set upon which to inform the development of future GHG policies and programs. We seek comment on whether the options presented would address the concerns raised by commenters. Although EPA is seeking comment on the alternatives presented in this memorandum, any changes to Part 98 would be made through a separate proposed action, including accompanying proposed regulatory text changes. That proposal, should there be one, would also include proposed confidentiality determinations for any long-term proposed changes to the reporting requirements in subpart L. 2. Proposed Amendments The EPA needs additional time to fully evaluate whether these concerns are warranted. As a result, we are proposing amendments that would apply for only reporting years 2011 and 2012 to allow the EPA sufficient time to evaluate these concerns, and if needed, to make permanent changes to the rule. We are proposing a new reporting element for reporting years 2011 and 2012, where owners and operators of facilities producing fluorinated gases would be required to report annual total facility-wide fluorinated GHG emissions, expressed in tons of CO2e.8 The facilities would not be required to report process level emissions or individual fluorinated GHGs for reporting years 2011 and 2012. These amendments would apply to subpart L only. These proposed amendments do not change any other requirements of Part 98, including the requirement that these data elements be retained as records in a form that is suitable for expeditious inspection and review (required for all Part 98 records by 40 CFR 98.3(g)). This proposed action would not have any impact on the EPA’s final rule 8 This would include emisions from all fluorinated gas production processes, all fluorinated gas transformation processes that are not part of a fluorinated gas production process, all fluorinated gas destruction processes that are not part of a fluorinated gas production process or a fluorinated gas transformation process, and venting of residual fluorinated GHGs from containers returned from the field. PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 29943 issued on August 25, 2011 (76 FR 53057), which deferred the deadline for reporting subpart L data elements that are inputs to emission equations until March 31, 2015. The data elements listed in that action for which the reporting deadline was deferred until March 31, 2015 are still deferred until that date. For the data elements listed below, we are proposing in this action, that owners and operators of facilities producing fluorinated gases would not be required to submit the information until March 31, 2014 (unless the deferral of inputs action mentioned previously has already set forth a deferred reporting deadline of March 31, 2015). • 40 CFR 98.3(c)(4)(iii) • 40 CFR 98.126 (a)(2), (a)(3), (a)(4), (a)(6),(b), (c), (d), (e), (f), (g), and (h). The data element at 40 CFR 98.3(c)(4)(iii) is the subpart A reporting requirement that requires reporting of greenhouse gas emissions by chemical for each subpart. Again, reporting of this data element would be deferred for reporting year 2011 and reporting year 2012 for subpart L only. With these proposed changes, fluorinated gas producers would report, under subpart L, only the data elements in 40 CFR 98.126(a)(5) (the methods used) and in proposed paragraph 40 CFR 98.126(j) (for facility-level CO2e emissions) for reporting year 2011 and reporting year 2012. Consistent with 40 CFR 98.126(e), a facility would need to include the excess emissions, converted to CO2e, that result from malfunctions of the destruction device when reporting total facility CO2e under 40 CFR 98.126(j). However, as noted in 40 CFR 98.126(j), these excess emissions would not need to be reported separately but would be included in the facility-wide CO2e reported. While reporters are still reporting 98.126(a)(5), we are proposing to amend this reporting element to require facilities to report the methods used to determine emissions at a facility-level rather than linking each method to a particular process. We note that the data elements in 40 CFR 98.122(a) and (b) refer to reporting of GHGs under subpart C of part 98, General Stationary Fuel Combustion Sources, and the reporting of fluorinated GHGs under subpart O of part 98, HCFC–22 Production and HFC–23 Destruction, respectively, and we are not proposing to change them through this action. To convert fluorinated GHG emissions into CO2e, the EPA is proposing that facilities use Equation A–1 of subpart A. For fluorinated GHGs that do not have a GWP listed in Table A–1, facilities would be required either to use a default E:\FR\FM\21MYP1.SGM 21MYP1 29944 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules GWP or to use their best estimate of the GWP, based on the information described in 40 CFR 98.123(c)(1)(vi)(A)(3).9 The default GWP used would depend on the type of fluorinated GHG. For fully fluorinated GHGs, the default GWP would be 10,000, which is based on the average GWP of the fully fluorinated GHGs on Table A–1. For the purposes of subpart L, EPA is proposing to define ‘‘fully fluorinated GHGs’’ as ‘‘fluorinated GHGs that contain only single bonds and in which all available valence locations are filled by fluorine atoms. This includes but is not limited to saturated perfluorocarbons, SF6, NF3, SF5CF3, fully fluorinated linear, branched and cyclic alkanes, fully fluorinated ethers, fully fluorinated tertiary amines, fully fluorinated aminoethers, and perfluoropolyethers.’’ For other fluorinated GHGs, the default GWP would be 2,000, which is based on the average GWP of the other fluorinated GHGs on Table A–1. EPA is proposing to distinguish between fully fluorinated GHGs and other fluorinated GHGs because the former have significantly longer lifetimes and higher GWPs than the latter. EPA requests comment on the proposed definition of fully fluorinated GHGs and on the default GWPs. We are proposing to add three new data elements that, if a facility used one or more default or best-estimate GWPs, it would be required to report the shares of its CO2e emissions that were respectively based on the default and/or best estimate GWPs. This would enable the EPA to understand the potential impact of the default or best estimate GWPs on the overall estimated emissions of the facility. We are proposing that, facilities using best estimate GWPs be required to keep the GWPs, along with the data and analysis that were used to develop the GWPs, as records. The EPA requests comment on the approach for assigning GWPs to fluorinated GHGs without GWPs on Table A–1. If commenters believe that another method should be used for calculating GWP values for chemicals not listed in Table A–1, they should provide details and rationale for the specific method that they recommend. The EPA is proposing that the amendments described above apply for reporting year 2011 and reporting year 2012. Because the deadline for reporting year 2012 reporting is March 31, 2013, just six months after the reporting year 2011 reporting deadline, the EPA has determined that making these proposed amendments effective for two reporting years would allow sufficient time to fully evaluate the concerns raised as well as, if needed, make a permanent change to the rule. The EPA requests comment on whether these amendments should apply for only reporting year 2011 rather than for reporting year 2011 and reporting year 2012. Because only one company raised concerns that reporting process-specific emissions by chemical would reveal trade secrets, the EPA is also requesting comment on giving fluorinated gas producers the option to report all of the subpart L data elements that are currently subject to a September 2012 reporting deadline. Fluorinated gas producers that have established tracking and reporting systems based on the current rule would then be able to report based on their current systems. At the same time, this approach would preserve chemical-by-chemical reporting at the process level where companies decide to report in this manner. 3. Overview and Approach to Proposed CBI Determinations As discussed in Section II.D.2 of this preamble, the EPA is proposing amendments that would apply to subpart L for reporting years 2011 and 2012. Owners and operators would be required to report the facility’s fluorinated GHG emissions only as an annual total expressed as CO2e emissions as well as the shares of those emissions that were based on the default and/or best estimate GWPs. The proposed amendment includes addition of these four reporting elements, which are listed below in Table 2 of this preamble.10 TABLE 2—PROPOSED REPORTING DATA ELEMENTS AND CONFIDENTIALITY DETERMINATIONS Citation Data element Proposed data category (finalized CBI determination 11) 1. 98.126(j)(3) .................. You must report the total fluorinated GHG emissions of the facility, expressed in tons of CO2e. Provide the total annual emissions across fluorinated GHGs for the entire facility, in metric tons of CO2e, that were calculated using the default GWP of 2000. Provide the total annual emissions across fluorinated GHGs for the entire facility, in metric tons of CO2e, that were calculated using the default GWP of 10,000. Provide the total annual emissions across fluorinated GHGs for the entire facility, in metric tons of CO2e, that were calculated using your best estimate of the GWP. Emissions (Emission Data: Made available to the public). Emissions (Emission Data: Made available to the public). 2. 98.126(j)(3)(ii) .............. 3. 98.126(j)(3)(iii) ............. mstockstill on DSK4VPTVN1PROD with PROPOSALS 4. 98.126(j)(3)(iv) ............. Emissions (Emission Data: Made available to the public). Emissions (Emission Data: Made available to the public). In conjunction with the proposed addition of the four data elements identified above, we are proposing confidentiality determinations for these data elements. Because these four data elements describe emissions exhausted to the atmosphere, we are proposing to assign these proposed data elements to the ‘‘Emissions’’ category. These proposed data elements are exactly the same type of data (i.e., information regarding the quantity of GHG emissions to the atmosphere) as all of the other data elements previously categorized in the ‘‘Emissions’’ data category in the Final CBI rule. As mentioned above, in the Final CBI rule, the EPA determined that the data elements in this data category are ‘‘emission data’’ under CAA section 114(c) and 40 CFR 2.301(a)(2)(i). Since the proposed data elements are the same as the data elements previously finalized in the ‘‘Emissions’’ data category, we propose 9 This is part of the provision of subpart L that allows facilities to request to use provisional GWPs to calculate whether they must use stack testing to establish an emission factor for a vent. Note that EPA is not proposing to approve best-estimate GWPs under this action. 10 76 FR 30782, May 26, 2011. 11 The CBI determinations of these data categories were finalized in the Final CBI Rule (May 26, 2011, 76 FR 30782). VerDate Mar<15>2010 17:07 May 18, 2012 Jkt 226001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\21MYP1.SGM 21MYP1 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules that the determination applied to that category also applies to these four proposed data elements, and that these data elements would not be eligible for CBI treatment. As mentioned above, we are also proposing to amend the reporting requirement in 98.126(a)(5); however, the proposed amendment is a minor change in which facilities are reporting the methods used to determine emissions at a facility-level rather than linking each method to a particular process. Because the same information would be reported (without being linked to a particular process), this change does not affect the proposed confidentiality determination that was made for this data element in a recent proposal.12 As a result, we are not proposing a confidentiality determination for this data element. III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a ‘‘significant regulatory action’’ under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011). mstockstill on DSK4VPTVN1PROD with PROPOSALS B. Paperwork Reduction Act This action does not impose any new information collection burden. These proposed amendments do not make any substantive changes to the reporting requirements in any of the subparts for which amendments are being proposed. In many cases, the proposed amendments could potentially reduce the reporting burden by making the monitoring and reporting requirements more clear and to more closely conform to industry practices. However, the OMB has previously approved the information collection requirements for subparts A on October 30, 2009, subpart L on December 1, 2010, subpart W promulgated on November 30, 2010, subpart TT promulgated on July 12, 2010 under 40 CFR part 98 under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB control numbers 2060– 0629; 2060–0650; and 2060–0647; and 2060–0649 respectively. The OMB control numbers for the EPA’s regulations in 40 CFR are listed in 40 CFR part 9. Further information on the EPA’s assessment on the impact on burden can be found in the 2012 Technical VerDate Mar<15>2010 17:07 May 18, 2012 Jkt 226001 Corrections and Amendments Cost Memo in docket number EPA–HQ– OAR–2011–0147. C. Regulatory Flexibility Act (RFA) The RFA generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of this proposed rule on small entities, small entity is defined as: (1) A small business as defined by the Small Business Administration’s regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-forprofit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of these proposed rule amendments on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. The proposed rule amendments will not impose any new requirement on small entities that are not currently required by the regulation of subpart A promulgated on October 30, 2009; subpart TT promulgated on July 12, 2010; subpart W promulgated on November 30, 2010, or subpart L promulgated on December 1, 2010. Based on the proposed amendments in his action, the EPA has provided clarity to address ambiguity in the rule provisions, and has proposed corrections where necessary to assist reporters in implementation of these subparts. Further, the EPA took several steps to reduce the impact of 40 CFR part 98 on small entities when developing the final GHG reporting rules in 2009 and 2010. For example, the EPA determined appropriate thresholds that reduced the number of small businesses reporting. In addition, the EPA conducted several meetings with industry associations to discuss regulatory options and the corresponding burden on industry, such as recordkeeping and reporting. Finally, the EPA continues to conduct significant outreach on the GHG reporting program and maintains an ‘‘open door’’ policy for stakeholders to PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 29945 help inform the EPA’s understanding of key issues for the industries. D. Unfunded Mandates Reform Act (UMRA) The proposed rule amendments do not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or the private sector in any one year. Thus, the proposed rule amendments are not subject to the requirements of section 202 and 205 of the UMRA. This rule is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments. The proposed amendments will not impose any new requirements that are not currently required for 40 CFR part 98, and the rule amendments would not unfairly apply to small governments. Therefore, this action is not subject to the requirements of section 203 of the UMRA. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. For a more detailed discussion about how Part 98 relates to existing state programs, please see Section II of the preamble to the final Greenhouse Gas Reporting Rule (74 FR 56266, October 30, 2009). These amendments apply directly to facilities that supply certain products that would result in GHGs when released, combusted or oxidized and facilities that directly emit greenhouses gases. They do not apply to governmental entities unless the government entity owns a facility that directly emits GHGs above threshold levels (such as a landfill), so relatively few government facilities would be affected. This regulation also does not limit the power of States or localities to collect GHG data and/or regulate GHG emissions. Thus, Executive Order 13132 does not apply to this action. Although section 6 of Executive Order 13132 does not apply to this action, the EPA did consult with State and local officials or representatives of State and local governments in developing subparts A on October 30, 2009; subpart TT promulgated on July 12, 2010; subpart W promulgated on November 30, 2010; and subpart L promulgated on December 1, 2010. A summary of the EPA’s consultations with State and local E:\FR\FM\21MYP1.SGM 21MYP1 29946 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules governments is provided in Section VIII.E of the preamble to the 2009 final rule. In the spirit of Executive Order 13132, and consistent with EPA policy to promote communications between EPA and State and local governments, the EPA specifically solicits comment on this proposed action from State and local officials. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). The proposed rule amendments would not result in any changes to the current requirements of 40 CFR part 98. Thus, Executive Order 13175 does not apply to this action. Although Executive Order 13175 does not apply to this action, the EPA sought opportunities to provide information to Tribal governments and representatives during the development of the rules for subparts A on October 30, 2009; subpart TT promulgated on July 12, 2010; subpart W promulgated on November 30, 2010, and subpart L promulgated on December 1, 2010. A summary of the EPA’s consultations with Tribal officials is provided Sections VIII.E and VIII.F of the preamble to the 2009 final rule and in Section IV.F of the final rule for subpart W. G. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks mstockstill on DSK4VPTVN1PROD with PROPOSALS The 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. VerDate Mar<15>2010 18:10 May 18, 2012 Jkt 226001 I. National Technology Transfer and Advancement Act of Federal Regulations is proposed to be amended as follows: 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 the 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 the EPA to provide Congress, through OMB, explanations when the EPA decides not to use available and applicable voluntary consensus standards. This proposed rulemaking does not involve technical standards. Therefore, the EPA is not considering the use of any voluntary consensus standards. PART 98—[AMENDED] J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629, February 16, 1994) establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. The EPA has determined that this proposed rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment because it is a rule addressing information collection and reporting procedures. List of Subjects in 40 CFR Part 98 Environmental protection, Administrative practice and procedure, Greenhouse gases, Suppliers, Reporting and recordkeeping requirements. Dated: May 11, 2012. Lisa P. Jackson, Administrator. For the reasons stated in the preamble, title 40, chapter I, of the Code PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 1. The authority citation for part 98 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart A—[Amended] 2. Section 98.3 is amended by: a. Revising paragraph (c)(4)(i). b. Revising paragraph (c)(4)(iii)(E). c. Adding paragraph (c)(4)(iii)(F). d. Revising paragraph (c)(4)(vi). The revisions read as follows: § 98.3 What are the monitoring, reporting, recordkeeping and verification requirements of this part? * * * * * (c) * * * (4) * * * (i) Annual emissions (excluding biogenic CO2) aggregated for all GHG from all applicable source categories, expressed in metric tons of CO2e calculated using Equation A–1 of this subpart. For electronics manufacturing (as defined in § 98.90), starting in reporting year 2012 the CO2e calculation must include each fluorinated heat transfer fluid (as defined in § 98.98) whether or not it is also a fluorinated GHG. * * * * * (iii) * * * (E) Each fluorinated GHG (as defined in § 98.6), including those not listed in Table A–1 of this subpart. (F) For electronics manufacturing (as defined in § 98.90), each fluorinated heat transfer fluid (as defined in § 98.98) that is not also a fluorinated GHG as specified under (c)(4)(iii)(E). This requirement applies beginning in reporting year 2012. * * * * * (vi) When applying paragraph (c)(4)(i) of this section to fluorinated GHGs and fluorinated heat transfer fluids, calculate and report CO2e for only those fluorinated GHGs and fluorinated heat transfer fluids listed in Table A–1 of this subpart. * * * * * 3. Table A–7 to subpart A of part 98 is amended by revising the entries for subpart L to read as follows: E:\FR\FM\21MYP1.SGM 21MYP1 29947 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules TABLE A–7 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH THE REPORTING DEADLINE IS MARCH 31, 2015 Specific data elements for which reporting date is March 31, 2015 (‘‘All’’ means all data elements in the cited paragraph are not required to be reported until March 31, 2015) Subpart Rule citation (40 CFR part 98) * L .................. * * 98.126(b)(1) ............................................... L L L L .................. .................. .................. .................. 98.126(b)(2) ............................................... 98.126(b)(6) ............................................... 98.126(b)(7) ............................................... 98.126(b)(8)(i) ............................................ L .................. 98.126(b)(8)(ii) ........................................... L .................. 98.126(b)(8)(iii) .......................................... L .................. 98.126(b)(8)(iv) .......................................... L L L L L L L L L L L L L 98.126(b)(8)(v) ........................................... 98.126(b)(9)(i) ............................................ 98.126(b)(9)(ii) ........................................... 98.126(b)(9)(iii) .......................................... 98.126(b)(10) ............................................. 98.126(b)(11) ............................................. 98.126(b)(12) ............................................. 98.126(c)(1) ............................................... 98.126(c)(2) ............................................... 98.126(d) ................................................... 98.126(f)(1) ................................................ 98.126(g)(1) ............................................... 98.126(h)(2) ............................................... .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. * * * Subpart L—[Amended] 4. Section 98.126 is amended by: a. Revising paragraph (a) introductory text. b. Revising paragraph (a)(5). c. Adding paragraph (j). The revisions read as follows: mstockstill on DSK4VPTVN1PROD with PROPOSALS § 98.126 Data Reporting Requirements. (a) All facilities. In addition to the information required by § 98.3(c), you must report the information in paragraphs (a)(2) through (a)(6) of this section according to the schedule in paragraph (a)(1) of this section, except as otherwise provided in paragraph (j) of this section or in § 98.3(c)(4)(vii) and Table A–7 of Subpart A of this part. * * * * * (5) The methods used to determine the mass emissions of each fluorinated GHG, i.e., mass balance, process-ventspecific emission factor, or processvent-specific emission calculation factor, at the facility. If you use the process-vent-specific emission factor or process-vent-specific emission calculation factor method, report the methods used to estimate emissions from equipment leaks. * * * * * VerDate Mar<15>2010 17:07 May 18, 2012 * * * * Only data used in calculating the absolute errors and data used in calculating the relative errors. All. Only mass of each fluorine-containing reactant fed into the process. Only mass of each fluorine-containing product produced by the process. Only mass of each fluorine-containing product that is removed from the process and fed into the destruction device. Only mass of each fluorine-containing by-product that is removed from the process and fed into the destruction device. Only mass of each fluorine-containing reactant that is removed from the process and fed into the destruction device. Only mass of each fluorine-containing by-product that is removed from the process and recaptured. All. All. All. All. All. All. All. Only quantity of the process activity used to estimate emissions. All. Only estimate of missing data. All. All. All. Jkt 226001 * * (j) Special Provisions for Reporting Years 2011 and 2012 Only. For reporting years 2011 and 2012, the owner or operator of a facility must comply with paragraphs (j)(1), (j)(2), and (j)(3) of this section. (1) Timing. The owner or operator of a facility is not required to report the data elements at § 98.3(c)(4)(iii) and § 98.126(a)(2), (a)(3), (a)(4), (a)(6), (b), (c), (d), (e), (f), (g), and (h) of this section until the later of March 31, 2014 or the date set forth for that data element at § 98.3(c)(4)(vii) and Table A–7 of Subpart A of this part. (2) Excess emissions. Excess emissions of fluorinated GHGs resulting from destruction device malfunctions must be reflected in the reported facility-wide CO2e emissions but are not required to be reported separately. (3) Calculation and Reporting of CO2e. You must report the total fluorinated GHG emissions covered by this subpart, expressed in metric tons of CO2e. This includes emissions from all fluorinated gas production processes, all fluorinated gas transformation processes that are not part of a fluorinated gas production process, all fluorinated gas destruction processes that are not part of a fluorinated gas production process or PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 * * a fluorinated gas transformation process, and venting of residual fluorinated GHGs from containers returned from the field. To convert fluorinated GHG emissions to CO2e for reporting under this section, use Equation A–1 of § 98.2. For fluorinated GHGs whose GWPs are not listed in Table A–1 of Subpart A of this subpart, use either the default GWP specified below or your best estimate of the GWP based on the information described in § 98.123(c)(1)(vi)(A)(3). (i) If you choose to use a default GWP rather than your best estimate of the GWP for fluorinated GHGs whose GWPs are not listed in Table A–1 to this subpart, use a default GWP of 10,000 for fluorinated GHGs that are fully fluorinated GHGs and use a default GWP of 2000 for other fluorinated GHGs. (ii) Provide the total annual emissions across fluorinated GHGs for the entire facility, in metric tons of CO2e, that were calculated using the default GWP of 2000. (iii) Provide the total annual emissions across fluorinated GHGs for the entire facility, in metric tons of CO2e, that were calculated using the default GWP of 10,000. E:\FR\FM\21MYP1.SGM 21MYP1 29948 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules § 98.127 Records that must be retained. * * * * * (k) For fluorinated GHGs whose GWPs are not listed in Table A–1 to this subpart, maintain records of the GWPs used to calculate facility-wide CO2e emissions. Where you used your best estimate of the GWP, maintain records of the data and analysis used to develop that GWP, including the data elements at § 98.123(c)(1)(vi)(A)(1)–(3). 6. Section 98.128 is amended by adding the definition of ‘‘Fully fluorinated GHGs’’ in alphabetical order to read as follows: § 98.128 Definitions. * * * * * Fully fluorinated GHGs means fluorinated GHGs that contain only single bonds and in which all available valence locations are filled by fluorine atoms. This includes but is not limited to saturated perfluorocarbons, SF6, NF3, SF5CF3, fully fluorinated linear, branched and cyclic alkanes, fully fluorinated ethers, fully fluorinated tertiary amines, fully fluorinated aminoethers, and perfluoropolyethers. * * * * * Subpart W—[Amended] 7. Section 98.233 is amended by: Where: Es,n = Annual natural gas emissions at standard conditions in cubic feet. H = Height of the dehydrator vessel (ft). D = Inside diameter of the vessel (ft). P1 = Atmospheric pressure (psia). P2 = Pressure of the gas (psia). P = pi (3.14). %G = Percent of packed vessel volume that is gas. T = Time between refilling (days). 100 = Conversion of %G to fraction. m. Revising paragraph (j)(5) introductory text and the definitions ‘‘Count’’ and ‘‘1,000’’ in Equation W–15. n. In paragraph (l)(3), revising the definition of ‘‘PR’’ in Equation W–17B. o. Removing and reserving paragraph (n)(7). p. In paragraph (o)(5), revising Equation W–23. q. In paragraph (o)(6), revising Equation W–24. r. In paragraph (o)(7), revising the definition of ‘‘EFi’’ in Equation W–25. s. In paragraph (p)(7), revising Equation W–27. t. In paragraph (p)(7)(i), revising Equation W–28. u. Revising paragraph (r)(2) introductory text. v. Revising paragraph (r)(6)(ii) introductory text. w. Revising paragraph (t) introductory text, (t)(1) introductory text, and the definition of ‘‘Es,n’’ and ‘‘Ea,n’’ in Equation W–33. x. In paragraph (v), revising the definition of ‘‘ri’’ in Equation W–36. y. In paragraph (z)(2)(iii), revising the definition of ‘‘ECO2’’ in Equations W– 39A and W–39B. z. In paragraph (z)(2)(vi), revising the definition of parameter ‘‘HHV’’ in Equation W–40. The revisions read as follows: to expel liquids accumulated in the tubing, a recording flow meter shall be installed on the vent line used to vent gas from the well (e.g., on the vent line off the wellhead separator or atmospheric storage tank) according to methods set forth in § 98.234(b). Calculate emissions from well venting for liquids unloading using Equation W–7 of this section. FR = Average flow rate in cubic feet per hour for all measured wells venting for the duration of the liquids unloading, under actual conditions as determined in paragraph (f)(1)(i) of this section. * mstockstill on DSK4VPTVN1PROD with PROPOSALS * * * * (f) * * * (1) Calculation Methodology 1. For at least one well of each unique well tubing diameter group and pressure group combination in each sub-basin category (see § 98.238 for the definitions of tubing diameter group, pressure group, and sub-basin category), where gas wells are vented to the atmosphere a. In paragraph (e)(5), revising Equation W–6. b. Revising paragraph (f)(1) introductory text, Equation W–7 and, the definitions of parameters ‘‘Tp’’ and ‘‘FRp’’ in Equation W–7. c. Revising paragraph (f)(1)(i) introductory text and paragraph (f)(1)(i)(A). d. In paragraph (f)(2), revising Equation W–8 and the definitions of parameters ‘‘SPp’’, ‘‘Vp’’, and ‘‘HRp,q’’ in Equation W–8. e. Revising (f)(3) introductory text, Equation W–9 and the definitions of parameters ‘‘W’’, ‘‘Vp’’, and ‘‘HRp,q’’ in Equation W–9. f. In paragraph (g), revising Equations W–10A and W–10B and the definitions of ‘‘FRM’’, ‘‘PRp’’, ‘‘EnFp’’, ‘‘SGp’’, and ‘‘FVp’’. g. Revising paragraph (g)(1) introductory text. h. In paragraph (g)(1)(ii), revising Equations W–11A and W–11B, and revising the definition of ‘‘FR’’ and ‘‘A’’ in both Equations W–11A and W–11B. i. In paragraph (g)(1)(iii), revising Equation W–12 and the definitions of ‘‘FRM’’, ‘‘FRp’’, and ‘‘PRp’’; removing the definition of ‘‘W’’; and adding the definition of ‘‘N.’’ j. Revising paragraph (g)(3)(i). k. In paragraph (h), revising the definition of parameter ‘‘Es,n’’ in Equation W–13. l. In paragraph (i)(3), revising the definition of ‘‘ES,N’’ in Equation W–14A, revising Equation W–14B and the definition of ‘‘Ta’’ in Equation W–14B. VerDate Mar<15>2010 17:07 May 18, 2012 Jkt 226001 * * * * * Tp = Cumulative amount of time in hours of venting for each well, p, of the same tubing diameter group and pressure group combination in a sub-basin during the year. PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 § 98.233 * Calculating GHG emissions. * * (e) * * * (5) * * * * * (i) Determine the well vent average flow rate as specified under paragraph (f)(1)(i) of this section for at least one well in a unique well tubing diameter group and pressure group combination in each sub-basin category. (A) The average flow rate per hour of venting is calculated for each unique tubing diameter group and pressure group combination in each sub-basin category by dividing the recorded total flow by the recorded time (in hours) for all measured liquid unloading events with venting to the atmosphere. * * * * * (2) * * * E:\FR\FM\21MYP1.SGM 21MYP1 EP21MY12.004</GPH> EP21MY12.005</GPH> (iv) Provide the total annual emissions across fluorinated GHGs for the entire facility, in metric tons of CO2e, that were calculated using your best estimate of the GWP. 5. Section 98.127 is amended by adding paragraph (k) to read as follows: 29949 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules * * SPp = Shut-in pressure or surface pressure for wells with tubing production and no packers or casing pressure for each well, p, in pounds per square inch absolute (psia) or casing-to-tubing pressure ratio of one well from the same sub-basin multiplied by the tubing pressure of each * * * * * W = Total number of wells with plunger lift assist and well venting for liquids unloading for each sub-basin. * * * * * * * * FRMs = Ratio of flowback during well completions and workovers from hydraulic fracturing to 30-day production rate from Equation W–12. PRs,p = First 30-day average production flow rate in standard cubic feet per hour of each well p, under actual conditions, converted to standard conditions, as required in paragraph (g)(1) of this section. EnFs,p = Volume of CO2 or N2 injected gas in cubic feet at standard conditions that was injected into the reservoir during an energized fracture job for each well p. If the fracture process did not inject gas into the reservoir, then EnFp is 0. If injected gas is CO2 then EnFp is 0. SGs,p = Volume of natural gas in cubic feet at standard conditions that was mstockstill on DSK4VPTVN1PROD with PROPOSALS * * * * * HRp,q = Hours that each well, p, was left open to the atmosphere during each unloading event, q. * * * * Vp = Number of unloading events per year for each well, p. * * * * VerDate Mar<15>2010 17:07 May 18, 2012 Jkt 226001 (3) Calculation Methodology 3. Calculate emissions from well venting to the atmosphere for liquids unloading with plunger lift assist using Equation W–9 of this section. * * HRp,q = Hours that each well, p, was left open to the atmosphere during each unloading event, q. * * * well, p, in the sub-basin, in pounds per square inch absolute (psia). Vp = Number of unloading events per year per well, p. recovered into a flow-line for well p as per paragraph (g)(3) of this section. This parameter includes any natural gas that is injected into the well for clean-up. If no gas was recovered, SGp is 0. FVs,p = Flow volume of each well (p) in standard cubic feet measured using a recording flow meter (digital or analog) on the vent line to measure flowback during the completion or workover according to methods set forth in § 98.234(b). (1) The average flow rate for flowback during well completions and workovers from hydraulic fracturing shall be determined using measurement(s) for calculation methodology 1 or calculation(s) for calculation methodology 2 described in this paragraph (g)(1) of this section. If PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 * * (g) * * * * * Equation W–10A is used, the number of measurements or calculations shall be determined per sub-basin and well type (horizontal or vertical) as follows: At least one measurement or calculation for less than or equal to 25 completions or workovers; at least two measurements or calculations for 26 to 50 completions or workovers; at least three measurements or calculations for 51 to 100 completions or workovers; at least four measurements or calculations for 101 to 250 completions or workovers; and at least five measurements or calculations for greater than 250 completions or workovers. * * * * * (ii) * * * E:\FR\FM\21MYP1.SGM 21MYP1 EP21MY12.009</GPH> * EP21MY12.008</GPH> * EP21MY12.006</GPH> EP21MY12.007</GPH> * 29950 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules FRa = Average flow rate in cubic feet per hour, under actual subsonic flow conditions. * * * * * Ta,p = Temperature at actual conditions in the unique physical volume (°F) for each blowdown ‘‘p’’. * * * * (j) * * * (5) Calculation Methodology 5. For well pad gas-liquid separators and for wells flowing off a well pad without passing through a gas-liquid separator with annual average daily throughput of mstockstill on DSK4VPTVN1PROD with PROPOSALS * * * * VerDate Mar<15>2010 * * 17:07 May 18, 2012 A = Cross sectional open area of the restriction orifice (m2). * * * * * * * * * (3) * * * (i) Use the factor SGs,P in Equation W–10A of this section, to adjust the emissions estimated in paragraphs (g)(1) through (g)(4) of this section by the magnitude of emissions captured using purpose designed equipment that oil less than 10 barrels per day use Equation W–15 of this section: * * * * * Count = Total number of separators or wells with annual average daily throughput less than 10 barrels per day. Count only separators or wells that feed oil directly to the storage tank. 1,000 = Conversion from thousand standard cubic feet to standard cubic feet. * * * * PO 00000 Frm 00037 * (iii) * * * * separates saleable gas from the flowback as determined by engineering estimate based on best available data. * * * * * (h) * * * * * * * * Es,n = Annual natural gas emissions in standard cubic feet from gas well venting during well completions and workovers without hydraulic fracturing. * * (i) * * (3) * * * * * * * * * * * * Es,n = Annual natural gas venting emissions at standard conditions from blowdowns in cubic feet. (l) * * * (3) * * * * * * * * PR = Average annual production rate in actual cubic feet per day for the gas well(s) being tested. * * * (o) * * * (5) * * * (6) * * * Jkt 226001 * * used in Equation W–10B converted to a flow rate for this parameter. PRs,p = First 30-day production rate in standard cubic feet per hour for each well p that was measured in the subbasin and well type combination. N = Number of measured or calculated well completions or workovers using hydraulic fracturing in a sub-basin and well type formation. * * * * EP21MY12.013</GPH> Where: FRMs = Ratio of flowback rate during well completions and workovers from hydraulic fracturing to 30-day production rate. FRs,p = Measured flowback rate from Calculation Methodology 1 described in paragraph (g)(1)(i) of this section or calculated flow rate from Calculation Methodology 2 described in paragraph (g)(1)(ii) of this section in standard cubic feet per hour for well(s) p for each subbasin and well type (horizontal or vertical) combination. Measured and calculated FRa values shall be converted from actual conditions (FRa) to standard conditions (FRs,p) for each well p using Equation W–33 in paragraph (t) of this section. You may not use flow volume as * EP21MY12.012</GPH> Where: FRa = Average flow rate in cubic feet per hour, under actual sonic flow conditions. A = Cross sectional open area of the restriction orifice (m2). Fmt 4702 Sfmt 4702 E:\FR\FM\21MYP1.SGM 21MYP1 EP21MY12.010</GPH> EP21MY12.011</GPH> Where: 29951 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules * * * EFi = Emission factor for GHGi. Use 1.2 × 107 standard cubic feet per year per * * * * * mstockstill on DSK4VPTVN1PROD with PROPOSALS * * * * (r) * * * (2) Onshore petroleum and natural gas production facilities shall use the appropriate default population emission factors listed in Table W–1A of this subpart for equipment leaks from valves, connectors, open ended lines, pressure relief valves, pump, flanges, and other. Major equipment and components associated with gas wells are considered gas service components in reference to Table W–1A of this subpart and major natural gas equipment in reference to Table W–1B of this subpart. Major equipment and components associated with crude oil wells are considered crude service components in reference to Table W–1A of this subpart and major crude oil equipment in reference to Table W–1C of this subpart. Where facilities conduct EOR operations the emissions factor listed in Table W–1A of this subpart shall be used to estimate all streams of gases, including recycle CO2 stream. The component count can be determined using either of the methodologies described in this paragraph (r)(2). The same methodology must be used for the entire calendar year. * * * * * (6) * * * (ii) Emissions from all above grade metering-regulating stations (including above grade TD transfer stations) shall be calculated by applying the emission factor calculated in Equation W–32 and the total count of meter/regulator runs at all above grade metering-regulating stations (inclusive of TD transfer stations) to Equation W–31. The facility 17:07 May 18, 2012 * * * * (p) * * * (7) * * * * (i) * * * * VerDate Mar<15>2010 compressor for CH4 and 5.30 × 105 standard cubic feet per year per compressor for CO2 at 60 °F and 14.7 psia. * Jkt 226001 wide emission factor in Equation W–32 will be calculated by using the total volumetric GHG emissions at standard conditions for all equipment leak sources calculated in Equation W–30B in paragraph (q)(8) of this section and the count of meter/regulator runs located at above grade transmissiondistribution transfer stations that were monitored over the years that constitute one complete cycle as per (q)(8)(i) of this section. A meter on a regulator run is considered one meter/regulator run. Reporters that do not have above grade T–D transfer stations shall report a count of above grade meteringregulating stations only and do not have to comply with § 98.236(c)(16)(xix). * * * * * (t) Volumetric emissions. If equation parameters in § 98.233 are already at standard conditions, which results in volumetric emissions at standard conditions, then this paragraph does not apply. Calculate volumetric emissions at standard conditions as specified in paragraphs (t)(1) or (2) of this section, with actual pressure and temperature determined by engineering estimates based on best available data unless otherwise specified. (1) Calculate natural gas volumetric emissions at standard conditions using actual natural gas emission temperature and pressure, and Equation W–33 of this section for conversions of Ea,n or conversions of FRa (whether sub-sonic or sonic). * * * * * Es,n = Natural gas volumetric emissions at standard temperature and pressure (STP) conditions in cubic feet, except Es,n equals(FRs,p)for each well p when PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 calculating either subsonic or sonic flowrates under 98.233(g). Ea,n = Natural gas volumetric emissions at actual conditions in cubic feet, except Ea,n equals (FRa,p) for each well p when calculating either subsonic or sonic flowrates under 98.233(g). * * * (v) * * * * * * * * * * ri = Density of GHGi. Use 0.0526 kg/ft3 for CO2 and N2O, and 0.0192 kg/ft3 for CH4 at 60 °F and 14.7 psia. * * * (z) * * * (2) * * * (iii) * * * * * * * * * * Ea,CO2 = Contribution of annual CO2 emissions from portable or stationary fuel combustion sources in cubic feet, under actual conditions. * * * (vi) * * * * * * * * * * HHV = For the higher heating value for field gas or process vent gas, use 1.235 × 10¥3 mmBtu/scf for HHV. * * * * * 8. Section 98.236 is amended by: a. Revising paragraph (c)(5)(ii)(D). b. Revising paragraph (c)(9) introductory text. c. Revising paragraph (c)(13)(iii)(C). d. Revising paragraphs (c)(15)(i)(B), (c)(15)(i)(C), and (c)(15)(ii)(A). e. Revising paragraph (c)(17)(v). The revisions read as follows: § 98.236 Data reporting requirements. * * * (c) * * * * * * E:\FR\FM\21MYP1.SGM 21MYP1 * * * * EP21MY12.016</GPH> * * (7) * * * * * * EP21MY12.014</GPH> EP21MY12.015</GPH> * 29952 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules (5) * * * (ii) * * * (D) Average internal casing diameter, in inches, for all wells, where applicable. * * * * * (9) For transmission tank emissions identified in § 98.233(k) from scrubber dump valves report the following: * * * * * (13) * * * (iii)* * * (C) Report the isolation valve leakage emissions in not operating, depressurized mode in metric tons of CO2e for each gas(refer to Equation W– 23 and Equation W–24 of § 98.233). * * * * * (15) * * * (i) * * * (B) For onshore natural gas processing, range of concentrations of CH4 and CO2 (refer to Equation W–30A of § 98.233). (C) Annual CO2 and CH4 emissions in metric tons CO2e for each gas (refer to Equation W–30A of § 98.233), by component type. (ii) * * * (A) For source categories § 98.230(a)(5), (a)(6), and (a)(7), total count for each component type in Tables W–4, W–5, and W–6 of this subpart for which there is a population emission factor, listed by major heading and component type. * * * * * (17) * * * (v) For each EOR pump, report annual CO2 emissions, expressed in metric tons CO2e for each gas. * * * * * 9. Table A–1A of Subpart W of part 98 is revised to read as follows: TABLE W–1A OF SUBPART W—DEFAULT WHOLE GAS EMISSION FACTORS FOR ONSHORE PETROLEUM AND NATURAL GAS PRODUCTION Emission factor (scf/hour/ component) Onshore petroleum and natural gas production Eastern U.S. Population Emission Factors—All Components, Gas Service 1 Valve ............................................................................................................................................................................................ Connector .................................................................................................................................................................................... Open-ended Line ......................................................................................................................................................................... Pressure Relief Valve .................................................................................................................................................................. Low Continuous Bleed Pneumatic Device Vents 2 ...................................................................................................................... High Continuous Bleed Pneumatic Device Vents 2 ..................................................................................................................... Intermittent Bleed Pneumatic Device Vents 2 .............................................................................................................................. Pneumatic Pumps 3 ..................................................................................................................................................................... 0.027 0.003 0.061 0.040 1.39 37.3 13.5 13.3 Population Emission Factors—All Components, Light Crude Service 4 Valve ............................................................................................................................................................................................ Flange .......................................................................................................................................................................................... Connector .................................................................................................................................................................................... Open-ended Line ......................................................................................................................................................................... Pump ............................................................................................................................................................................................ Other 5 .......................................................................................................................................................................................... 0.05 0.003 0.007 0.05 0.01 0.30 Population Emission Factors—All Components, Heavy Crude Service 6 Valve ............................................................................................................................................................................................ Flange .......................................................................................................................................................................................... Connector (other) ......................................................................................................................................................................... Open-ended Line ......................................................................................................................................................................... Other 5 .......................................................................................................................................................................................... 0.0005 0.0009 0.0003 0.006 0.003 Western U.S. Population Emission Factors—All Components, Gas Service 1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Valve ............................................................................................................................................................................................ Connector .................................................................................................................................................................................... Open-ended Line ......................................................................................................................................................................... Pressure Relief Valve .................................................................................................................................................................. Low Continuous Bleed Pneumatic Device Vents 2 ...................................................................................................................... High Continuous Bleed Pneumatic Device Vents 2 ..................................................................................................................... Intermittent Bleed Pneumatic Device Vents 2 .............................................................................................................................. Pneumatic Pumps 3 ..................................................................................................................................................................... 0.121 0.017 0.031 0.193 1.39 37.3 13.5 13.3 Population Emission Factors—All Components, Light Crude Service 4 Valve ............................................................................................................................................................................................ Flange .......................................................................................................................................................................................... Connector (other) ......................................................................................................................................................................... Open-ended Line ......................................................................................................................................................................... Pump ............................................................................................................................................................................................ Other 5 .......................................................................................................................................................................................... VerDate Mar<15>2010 18:10 May 18, 2012 Jkt 226001 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\21MYP1.SGM 21MYP1 0.05 0.003 0.007 0.05 0.01 0.30 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules 29953 TABLE W–1A OF SUBPART W—DEFAULT WHOLE GAS EMISSION FACTORS FOR ONSHORE PETROLEUM AND NATURAL GAS PRODUCTION—Continued Emission factor (scf/hour/ component) Onshore petroleum and natural gas production Population Emission Factors—All Components, Heavy Crude Service 6 Valve ............................................................................................................................................................................................ Flange .......................................................................................................................................................................................... Connector (other) ......................................................................................................................................................................... Open-ended Line ......................................................................................................................................................................... Other 5 .......................................................................................................................................................................................... 0.0005 0.0009 0.0003 0.006 0.003 1 For multi-phase flow that includes gas, use the gas service emissions factors. Factor is in units of ‘‘scf/hour/device.’’ 3 Emission Factor is in units of ‘‘scf/hour/pump.’’ 4 Hydrocarbon liquids greater than or equal to 20 °API are considered ‘‘light crude.’’ 5 ‘‘Others’’ category includes instruments, loading arms, pressure relief valves, stuffing boxes, compressor seals, dump lever arms, and vents. 6 Hydrocarbon liquids less than 20 °API are considered ‘‘heavy crude.’’ 2 Emission 10. Table W–5 to Subpart W of part 98 is amended by revising the entry for ‘‘Vapor Recovery Compressor’’ to read as follows: TABLE W–5 OF SUBPART W—DEFAULT METHANE EMISSION FACTORS FOR LIQUEFIED NATURAL GAS (LNG) STORAGE Emission factor (scf/hour/ component) LNG storage * * * * * * Vapor Recovery Compressor 2 .................................................................................................................................................... . . 11. Section 98.460 is amended by adding paragraph (c)(2)(xiii) to read as follows: § 98.460 Definition of Source Category. * * * * * (c) * * * (2) * * * (xiii) Other waste material that has a DOC value of 0.3 weight percent (on a wet basis) or less. DOC value must be determined using a 60-day anaerobic biodegradation test procedure identified in 98.464(b)(4)(i)(A). [FR Doc. 2012–12193 Filed 5–18–12; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration mstockstill on DSK4VPTVN1PROD with PROPOSALS 49 CFR Part 661 [Docket No. FTA–2012–0019] Application of Buy America Waivers to Rolling Stock Overhauls and Rebuilds Federal Transit Administration (FTA), DOT. ACTION: Notice of proposed statement of policy and request for comment. AGENCY: VerDate Mar<15>2010 17:07 May 18, 2012 This notice proposes a statement of policy regarding the application of the Federal Transit Administration’s Buy America rules to procurements for the overhaul and rebuilding of rolling stock, and seeks comment from all interested parties. DATES: Comments must be received by June 20, 2012. Late-filed comments will be considered to the extent practicable. ADDRESSES: Please submit your comments by only one of the following means, identifying your submissions by docket number FTA–2012–0019. All electronic submissions must be made to the U.S. Government electronic site at https://www.regulations.gov. Commenters should follow the instructions below for mailed and handdelivered comments: Federal e-Rulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. U.S. Mail: U.S. Department of Transportation, Docket Operations, West Building, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. Hand Delivery: U.S. Department of Transportation, Docket Operations, West Building, Room W12–140, 1200 New Jersey Avenue SE., Washington, SUMMARY: Subpart TT—[Amended] Jkt 226001 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 * 4.17 DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Fax: (202) 493–2251. Instructions: All submissions must make reference to the ‘‘Federal Transit Administration’’ and include docket number FTA–2012–0019. Due to security procedures in effect since October 2001, mail received through the U.S. Postal Service may be subject to delays. Parties making submissions responsive to this notice should consider using an express mail firm to ensure the prompt filing of any submissions not filed electronically or by hand. Note that all submissions received, including any personal information therein, will be posted without change or alteration to https:// www.regulations.gov. For more information, you may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477), or visit https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Jayme L. Blakesley at (202) 366–0304 or jayme.blakesley@dot.gov. SUPPLEMENTARY INFORMATION: I. Introduction The purpose of this notice is to propose a statement of policy that will E:\FR\FM\21MYP1.SGM 21MYP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 77, Number 98 (Monday, May 21, 2012)]
[Proposed Rules]
[Pages 29935-29953]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12193]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0147; FRL-9667-4]
RIN 2060-AR53

2012 Technical Corrections, Clarifying and Other Amendments to
the Greenhouse Gas Reporting Rule, and Proposed Confidentiality
Determinations for Certain Data Elements of the Fluorinated Gas Source
Category

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to amend specific provisions of the
Greenhouse Gas Reporting Rule to provide greater clarity and
flexibility to facilities subject to reporting emissions from certain
source categories. These source categories will report greenhouse gas
(GHG) data for the first time in September of 2012. The proposed
changes are not expected to significantly change the overall
calculation and monitoring requirements of the Greenhouse Gas Reporting
Rule or add additional requirements for reporters, but are expected to
correct errors and clarify existing requirements in order to facilitate
accurate and timely reporting. The EPA is also proposing
confidentiality determinations for four new data elements for the
fluorinated gas production source category of the Greenhouse Gas
Reporting Rule. Lastly, we are proposing an amendment to Table A-7 of
the general provisions to add a data element used as an input to an
emission equation in the fluorinated gas production source category.

DATES: Comments. Comments must be received on or before June 20, 2012.
Public Hearing. The EPA does not plan to conduct a public hearing
unless requested. To request a hearing, please contact the person
listed in the following FOR FURTHER INFORMATION CONTACT section by May
29, 2012. Upon such request, the EPA will hold the hearing on June 5,
2012, in the Washington, DC area. The EPA will provide further
information about the hearing on the GHGRP Web site, https://www.epa.gov/climatechange/emissions/ghgrulemaking.html if a hearing is
requested.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0147, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
Email: MRR_Corrections@epa.gov. Include Docket ID No.
EPA-HQ-OAR-2011-0147 [and/or RIN number] in the subject line of the
message.
Fax: (202) 566-9744.
Mail: Environmental Protection Agency, EPA Docket Center
(EPA/DC), Mailcode 2822T, Attention Docket ID No. EPA-HQ-OAR-2011-0147,
1200 Pennsylvania Avenue NW., Washington, DC 20004.
Hand/Courier Delivery: EPA Docket Center, Public Reading
Room, EPA West Building, Room 3334, 1301 Constitution Avenue NW.,
Washington, DC 20004. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
Additional Information on Submitting Comments: To expedite review
of your comments by agency staff, you are encouraged to send a separate
copy of your comments, in addition to the copy you submit to the
official docket, to Carole Cook, U.S. EPA, Office of Atmospheric
Programs, Climate Change Division, Mail Code 6207-J, Washington, DC
20460, telephone (202) 343-9263, email address:
GHGReportingRule@epa.gov.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2011-0147. The 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. Should you choose to submit
information that you claim to be CBI in response to this notice,
clearly mark the part or all of the comments that you claim to be CBI
submitted in response to this notice. For information that you claim to
be CBI 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

[[Page 29936]]

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. Send
or deliver information claimed as CBI to only the mail or hand/courier
deliver address listed above, attention: Docket ID No. EPA-HQ-OAR-2011-
0147.
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. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or email. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means the 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 the 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, the 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 the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should avoid the use of special characters, any form of encryption, and
be free of any defects or viruses.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the Air Docket, EPA/
DC, EPA West Building, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the Air Docket is (202) 566-1742.

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

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

Table 1--Examples of Affected Entities by Category
------------------------------------------------------------------------
Examples of affected
Category NAICS facilities
------------------------------------------------------------------------
Petroleum and Natural Gas 486210 Pipeline transportation
Systems. of natural gas.
221210 Natural gas
distribution
facilities.
211 Extractors of crude
petroleum and natural
gas.
211112 Natural gas liquid
extraction facilities.
Electronics Manufacturing...... 334111 Microcomputers
manufacturing
facilities.
334413 Semiconductor,
photovoltaic (solid-
state) device
manufacturing
facilities.
334419 LCD unit screens
manufacturing
facilities.
334419 MEMS manufacturing
facilities.
Fluorinated Gas Production..... 325120 Industrial gases
manufacturing
facilities.
Industrial Waste Landfills..... 562212 Solid waste landfills.
322110 Pulp mills.
322121 Paper mills.
322122 Newsprint mills.
322130 Paperboard mills.
311611 Meat processing
facilities.
311411 Frozen fruit, juice,
and vegetable
manufacturing
facilities.
311421 Fruit and vegetable
canning facilities.
221320 Sewage treatment
facilities.
------------------------------------------------------------------------

Table 1 of this preamble is not intended to be exhaustive, but
rather lists the types of facilities that the EPA is now aware could be
potentially affected by the reporting requirements. Other types of
facilities 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 or the relevant criteria in the sections related to
direct emitters of GHGs. If you have questions regarding the
applicability of this action to a particular facility, consult the
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
Acronyms and Abbreviations. The following acronyms and
abbreviations are used in this document.

[[Page 29937]]

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

Table of Contents

I. Background
A. How is this preamble organized?
B. Background on This Action
C. Legal Authority
D. How would these amendments apply to 2012 reports?
E. How would these amendments affect confidentiality
determinations?
II. Technical Corrections, Clarifying and Other Amendments
A. Subpart A--General Provisions
1. Background
2. Proposed Amendments
3. Overview and Approach to Proposed CBI Determinations
B. Subpart TT--Industrial Waste Landfills
1. Background
2. Proposed Amendment
3. Overview and Approach to Proposed CBI Determinations
C. Subpart W--Petroleum and Natural Gas Systems
1. Background
2. Proposed Technical Corrections
3. Overview and Approach to Proposed CBI Determinations
D. Subpart L--Fluorinated Gas Production
1. Background
2. Proposed Amendments
3. Overview and Approach to Proposed CBI Determinations
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. Background

A. How is this preamble organized?

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

B. Background on This Action

The 2009 final GHG Reporting Rule was signed by EPA Administrator
Lisa Jackson on September 22, 2009 and published in the Federal
Register on October 30, 2009 (74 FR 56260, hereafter referred to as the
``2009 final rule'' or ``Part 98''). The 2009 final rule, which became
effective on December 29, 2009, requires reporting of GHGs from various
facilities and suppliers, consistent with the 2008 Consolidated
Appropriations Act.\1\ Subsequent notices were published in 2010
finalizing the requirements for subpart TT (75 FR 39736, July 12,
2010), subpart W (75 FR 74458, November 30, 2010), and subpart L (75 FR
74774, December 1, 2010).
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\1\ Consolidated Appropriations Act, 2008, Public Law 110-161,
121 Stat. 1844, 2128.
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Following the promulgation of these subparts, the EPA finalized
four technical corrections and clarifying amendments to these and other
subparts under the Greenhouse Gas Reporting Program (GHGRP) (75 FR
66434, October 28, 2010; 75 FR 79092, December 17, 2010; 76 FR 73866,
November 29, 2011; 76 FR 80554, December 23, 2011). The corrections and
amendments within those four actions did not change the basic
requirements of the rule, but were intended to improve clarity and
ensure consistency across the calculation, monitoring, and data
reporting requirements. Similarly, the corrections, clarifying and
other amendments in this action are intended to provide greater clarity
and flexibility to facilities subject to reporting in 2012.
On January 10, 2012 (77 FR 1434), EPA proposed confidentiality
determinations for data elements (excluding those in the inputs to
equation category) in 8 subparts of part 98, including subpart L. This
proposed amendment includes adding 4 new data elements to subpart L. In
conjunction with this addition, we are proposing confidentiality
determinations for the new data elements in the proposed amendment to
subpart L.

C. Legal Authority

The EPA is proposing these rule amendments under its existing CAA
authority, specifically authorities provided in CAA section 114. As
stated in the preamble to the 2009 final rule (74 FR 56260, October 30,
2009) and the Response to Comments on the Proposed Rule, Volume 9,
Legal Issues, CAA section 114 provides the EPA broad authority to
require the information proposed to be gathered by this rule because
such data would inform and are relevant to the EPA's carrying out a
wide variety of CAA provisions. As discussed in the preamble to the
initial proposed rule (74 FR 16448, April 10, 2009), CAA section
114(a)(1) authorizes the Administrator to require emissions sources,
persons subject to the CAA, manufacturers of control or process
equipment, or persons who the

[[Page 29938]]

Administrator believes may have necessary information to monitor and
report emissions and provide such other information the Administrator
requests for the purposes of carrying out any provision of the CAA. For
further information about the EPA's legal authority, see the preambles
to the 2009 proposed and final rules and EPA's Response to Comments,
Volume 9.
In addition, EPA is proposing confidentiality determinations for
four proposed data elements in subpart L, under its authorities
provided in sections 114, 301 and 307 of the CAA. As mentioned above,
CAA section 114 provides EPA authority to obtain the information in
part 98, including those in subpart L. Section 114(c) requires that EPA
make publicly available information obtained under section 114 except
for information (excluding emission data) that qualify for confidential
treatment.
The Administrator has determined that this action (proposed
amendment and confidentiality determination) is subject to the
provisions of section 307(d) of the CAA.

D. How would these amendments apply to 2012 reports?

The EPA is proposing technical clarifications and amendments to 40
CFR part 98, subparts A, L, W, and TT. The EPA is planning to address
any comments on these proposed amendments and publish final amendments
before September 28, 2012. Therefore, reporters would be expected to
calculate emissions and other relevant data for the reports that are
submitted by September 28, 2012 using 40 CFR part 98 as amended by this
proposed action. We have determined that it is feasible for the sources
to implement these changes for the 2011 reporting year because the
revisions are primarily technical corrections that provide
clarifications regarding the existing regulatory requirements, or
reduce the amount of information that is required to be reported. The
proposed amendments do not change the type of information that must be
collected, and do not materially affect how emissions are calculated.
In the case of 40 CFR part 98, subpart A (subpart A), the proposed
amendment is merely a harmonizing change to a technical correction
finalized in February 2012 (see 77 FR 10373). That final amendment
required reporters to calculate emissions of certain additional
fluorinated heat transfer fluids under subpart I; however, the EPA
inadvertently did not amend the corresponding requirement to include
those calculated emissions in the annual GHG report. In this action, we
are proposing to include these emissions from heat transfer fluids in
the facility level totals reported to the EPA in the annual GHG report.
In the case of 40 CFR part 98, subpart L (subpart L), the EPA is
proposing that facilities subject to subpart L report greenhouse gas
emissions in a less detailed manner for Reporting Years 2011 and 2012.
This proposed amendment is a temporary change (i.e., for years 2011 and
2012 only) to allow the EPA time to fully evaluate concerns recently
raised by stakeholders that reporting, and subsequent EPA release, of
certain emission data would reveal trade secrets.
In the case of 40 CFR part 98, subpart W (subpart W), the EPA
concludes that these proposed amendments are all technical corrections
that, while important to make to allow reporters to calculate emissions
accurately, do not materially affect the actions facilities would have
already undertaken to comply with the rule. For example, in this
action, EPA is proposing a correction to the emission factors in Table
W-1A of subpart W for the onshore petroleum and natural gas production
segment. In the December 23, 2011 final rule (76 FR 80554, December 23,
2011, referred to hereinafter as the ``December 2011 final rule''), the
EPA revised several of the emission factors in this table, along with
the emission factors in other tables in subpart W to reflect a
consistent standard temperature and pressure. In the process of
converting specific emission factors within Table W-1A of subpart W an
omission occurred that we are proposing to correct in this action. As
stated previously, a proposed change such as this would not materially
affect the actions a facility would undertake to comply with the rule.
In the case of 40 CFR part 98, subpart TT (subpart TT), this
proposal excludes some facilities from the reporting requirements and
thereby further reduces the reporting under the GHG Reporting Rule.
These excluded facilities are not expected to emit GHGs since they only
receive inert wastes that do not generate methane.
For additional background information regarding some of these
amendments, please refer to the Technical Support Document for the 2012
Technical Corrections, Clarifying and Other Amendments to Certain
Provisions of the Greenhouse Gas Reporting Rule proposal available in
the docket for this rulemaking (EPA-HQ-OAR-2011-0147).
The EPA generally seeks comment on the EPA's conclusion that it
would be appropriate to implement these proposed amendments and
incorporate the requirements for the data that must be reported to the
EPA by September 2012. Further, we seek comment on whether there are
specific proposed changes for which this timeline may not be feasible
or appropriate. We request that commenters provide specific examples of
how the proposed implementation schedule would or would not be
feasible.

E. How would these amendments affect confidentiality determinations?

The proposed amendments do not affect the confidentiality
determinations for subpart A data elements finalized in the Final CBI
rule,\2\ (hereinafter referred to as the ``final CBI rule''), the
proposed determinations for subpart W \3\ and subparts L and TT,\4\ or
the proposed or final deferral rule(s) extending the reporting
deadlines for the data elements in these subparts that are as assigned
to the inputs to emission equations data category.\5\
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\2\ See 75 FR 30782, May 26, 2011.
\3\ See 77 FR 11039, February 24, 2012.
\4\ See 77 FR 1434, January 10, 2012.
\5\ See 77 FR 11039, February 24, 2012 (subpart I), 77 FR 1434,
January 10, 2012 (subpart W), and 76 FR 53057, August 25, 2011.
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In this notice, we are proposing confidentiality determinations for
proposed new subpart L data elements. The proposed confidentiality
determinations for these new data elements together with our rationale
are discussed in detail in Section II.D.3 of this preamble.
There are no proposed determinations for subparts A, W, and TT,
since the proposed amendments to those subparts do not include any
proposed new data elements. The proposed amendments would delete an
existing subpart W data element and make only minor clarifications to
the existing reporting requirements in subpart W. For the Subpart A
proposed amendments, we are not proposing any confidentiality
determinations because the data element being added is a subset of
another data element in subpart I for which we've already proposed a
CBI determination. This is explained in further detail in Section
II.A.3 of this preamble. There are no proposed amendments to the
reporting requirements for subpart TT.

II. Technical Corrections, Clarifying and Other Amendments

The EPA has identified minor corrections, clarifying and other
amendments that we are now proposing in this action. We have also
identified certain rule provisions that we are

[[Page 29939]]

proposing to amend to provide greater clarity. The amendments we are
now proposing include the following types of changes:
Changes to correct cross references within and between
subparts.
Amendments to certain equations to better reflect actual
operating conditions.
Corrections to terms and definitions in certain equations.
Corrections to data reporting requirements so that they
more closely conform to the information used to perform emission
calculations.
Amendment to Table A-7 to subpart A to add a Subpart L
data element used as an input to an emission equation that was
inadvertently omitted in the final deferral rule.
Other amendments related to certain issues identified as a
result of working with the affected sources during rule implementation
and outreach.
We are seeking public comment only on the issues specifically
identified in this proposed rule for the identified subparts. We will
not consider, through this notice and comment process, comments that
are outside the scope of this proposed rule.

A. Subpart A--General Provisions

1. Background
In today's rule, we are proposing a few minor amendments to the
general reporting requirements of 40 CFR 98.3(c)(4) of subpart A. These
changes relate to reporters that would be reporting under the
electronics manufacturing source category (40 CFR part 98, subpart I;
hereinafter referred to as ``subpart I''). We are also proposing an
amendment to Table A-7 to subpart A to add a Subpart L data element
used as an input to an emission equation that was inadvertently omitted
in the final deferral rule.
For subpart I, the proposed change clarifies the GHGs that should
be reported in the annual GHG report (40 CFR 98.3(C)(4)). This proposed
change follows the amendments to reporting requirements for heat
transfer fluids (fluorinated HTFs) that were published on February 22,
2012 (77 FR 10373). In that rule, the EPA amended the definition of
fluorinated HTFs to specify that the lower vapor pressure limit clause
in the subpart A definition of fluorinated GHG did not apply to
fluorinated HTFs in subpart I beginning in reporting year 2012 (40 CFR
98.98).
2. Proposed Amendments
Section 98.3(c)(4) of subpart A specifies the types of data and
format for reporting emissions in the annual GHG reports (e.g., annual
emissions from each source category by GHG). Without the proposed
change to conform the subpart I requirements for fluorinated HTFs with
subpart A, reporters are required to calculate emissions of fluorinated
HTFs under subpart I but report only a subset of them in their annual
report totals under subpart A. The proposed amendment to subpart A
specifies that facilities subject to subpart I must include all
fluorinated HTFs in the computation of CO2e that is required
by 40 CFR 98.3(c)(4)(i). Facilities must report each fluorinated HTF
that is also a fluorinated GHG under 40 CFR 98.3(c)(4)(iii)(E) and each
fluorinated HTF that is not a fluorinated GHG in the newly proposed
data element, 40 CFR 98.3(c)(4)(iii)(F). Today's proposed change is a
harmonizing modification to clarify how facilities subject to subpart I
would report the emissions from fluorinated heat transfer fluids, as
required by the February 22, 2012 amendments to subpart I. The EPA
determined that this change would simplify reporting for facilities and
reduce burden by amending subpart A to be consistent with the
requirements in subpart I.
The EPA is proposing to make this change effective for reporting
year 2012. Given that facilities are already required to calculate
emissions of fluorinated HTFs under subpart I, reporters will already
have the necessary data to comply with the proposed amendments.
Table A-7 to subpart A of Part 98 lists the inputs to emission
equations whose reporting deadlines are currently deferred until March
31, 2015. In the final deferral, the data element, ``the mass of each
fluorine-containing product produced by the process'' (40 CFR
98.126(b)(7)) was inadvertently omitted from Table A-7 of subpart A.
This data element is an input to an equation because it is used in
Equation L-6. Thus, we are proposing to amend Table A-7 to subpart A to
include this input and hence, defer its reporting deadline until March
31, 2015.
3. Overview and Approach to Proposed CBI Determinations
The proposed changes to subpart A do not affect the proposed
confidentiality determinations for subpart A or I data elements or the
proposed deferral of the deadline for reporting inputs to emission
equations (February 22, 2012, 77 FR 10434; Mandatory Reporting of
Greenhouse Gases Rule: Confidentiality Determinations and Best
Available Monitoring Methods Provisions, hereinafter referred to as the
``February 22, 2012 CBI rule'').
As discussed in Section II.A.2 of this preamble, the EPA is
proposing to add a data element in Subpart A (98.3(c)(4)(iii)(F)). This
additional data element is a harmonizing change that makes the subpart
A requirements consistent with the recently finalized February 22, 2012
subpart I amendments. To that end, the information that would be
reported under the proposed new data element in subpart A is a subset
of the information to be reported under the data element 98.96(c)(4),
which the EPA proposed to be non-confidential by assigning it to the
``Emissions'' category in a recent action.\6\ Since the information
proposed under Subpart A in today's action is a subset of the
information to be reported under 98.96(c)(4), the confidentiality
determination proposed for that subpart I data element applies to the
subpart A data element proposed in this action. As a result, we are not
proposing a confidentiality determination for the new subpart A data
element in this action.
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\6\ See 77 FR 10434, February 22, 2012.
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B. Subpart TT--Industrial Waste Landfills

1. Background
In this action we are proposing one correction to the provisions of
subpart TT to exclude certain facilities that only receive inert waste
from reporting requirements under the GHG Reporting Rule. This proposed
amendment would ensure that landfills that are not expected to emit
GHGs are excluded from reporting requirements under this subpart.
2. Proposed Amendment
We are proposing one technical amendment to subpart TT to address
questions received about applicability of the subpart to industrial
waste landfills that receive only inert wastes. In subpart TT, the
volatile solids concentration is used as a surrogate for determining
degradable organic carbon (DOC) content of a waste material [40 CFR
98.464(b)(4)(ii)]. In 40 CFR 98.460(c)(xii), the EPA provides an
exclusion for those facilities that receive inert waste materials
``with a volatile solids concentration of 0.5 weight percent (on a dry
basis) or less.'' However, some landfill owners or operators test their
waste stream to determine directly waste-specific degradable organic
content. These tests, when performed as described in 40 CFR
98.464(b)(4)(i)(A) of the rule, can provide a more accurate DOC value
than calculating organic content from volatile

[[Page 29940]]

solids. Therefore, to ease reporting burden on those facilities that
receive inert waste but calculate DOC directly, we propose to add a
direct DOC value exclusion as 40 CFR 98.460(c)(2)(xiii). This exclusion
would be provided in weight percent on a wet basis because this is
consistent with the units for DOC.
3. Overview and Approach to Proposed CBI Determinations
This proposed amendment to subpart TT is not expected to affect the
proposed confidentiality determinations for subpart TT data elements or
the proposed deferral of the deadline for reporting of inputs to
emission equations (January 10, 2012, 77 FR 1434; Proposed
Confidentiality Determinations for Data Elements Under the Mandatory
Reporting of Greenhouse Gases Rule and Amendments to Table A-6 to
Subpart A of Part 98, of the Greenhouse Gas Reporting Rule, hereinafter
referred to as the January 10, 2012 CBI rule.)

C. Subpart W--Petroleum and Natural Gas Systems

1. Background
In this action, the EPA is proposing minor corrections and
clarifying amendments to certain provisions to assist facilities with
implementing existing rule requirements. We are proposing technical
corrections to provisions in subpart W for calculating and reporting
greenhouse gas emissions, as well as several emission factors in
associated tables. Since publication of subpart W in November 2010, the
EPA amended subpart W on December 23, 2011, (76 FR 80554). That notice
included technical corrections and clarifications designed to increase
flexibility, provide needed clarification regarding applicability, and
to address specific errors in equations and citations. This proposal
complements that action and is not intended to duplicate or replace the
amendments published on December 23, 2011.
Many of the corrections in the December 23, 2011 action were the
result of internal review by the EPA, as in the case of the correction
to the calculation methodology for estimating emissions from gas well
venting during completions and workovers using hydraulic fracturing.
Onshore petroleum and natural gas facilities subject to subpart W are
required to report emissions resulting from this emission source using
one of three methods in the December 23, 2011 rule. The first method
relies on installation of a recording flow meter on the vent line
(upstream of a flare or vent if used) to measure the flowback rate for
representative wells in each gas producing sub-basin category and well
type combination. The second method is based on engineering equations
to calculate the well flowback during well completions and workovers
from hydraulic fracturing. The last method applies to facilities that
are already measuring the flowback volumes during gas well completions
or workovers within a given sub-basin and well type combination.
Following the EPA's review of this emission source, and method two
in particular, we determined that correction was needed to Equations W-
11A and W-11B to convert the resultant flow rate (parameter FR) into
standard conditions instead of the resultant actual conditions as
written. Without this conversion, the calculated flow volumes in
Equations W-11A and W-11B would incorrectly result in actual conditions
instead of standard conditions, which is necessary for input into
Equations W-12 and W-10A. In this action, the EPA is proposing to
include a correction to convert the flow rate determined in Equation W-
11A and W-11B to standard conditions through the use of Equation W-33.
2. Proposed Technical Corrections
EPA is proposing several technical corrections and amendments to
subpart W to correct equations and otherwise clarify provisions in the
rule to ensure consistency across the calculation, monitoring, and
reporting requirements in subpart W and thereby facilitate reporting.
This section describes the EPA's proposed corrections for subpart
W.
Calculating Greenhouse Gas Emissions. The EPA is proposing several
clarifications, corrections, and amendments throughout 40 CFR 98.233.
These proposed changes are intended to clarify terms, correct
references, and remove extraneous terms.
Dehydrator Vents. The EPA is proposing to amend Equation W-6 in 40
CFR 98.233(e)(5) by removing a factor of 1000 from the denominator so
that the calculated emissions will result in standard cubic feet rather
than thousand standard cubic feet.
Well Venting for Liquids Unloading. The EPA is proposing to provide
reporters with the option to take and use more than the prescribed
number of sample measurements per unique well tubing diameter and
pressure group combination per sub-basin. The EPA notes that this would
not change the burden to reporters, and still only would require that
one sample per unique well tubing diameter and pressure group
combination be taken, but would allow reporters to account for any
additional samples that they may have already taken.
The EPA is proposing to amend Equation W-7 in 40 CFR 98.233(f)(1)
by changing the parameter ``FRp'' to ``FR'' in both Equation
W-7 and in the definition to avoid confusion. As previously written,
the equation could be interpreted to imply that the flow rate should be
measured for all wells, as ``p'' refers to all wells in a pressure
group and tubing group combination; rather, the intention of the
equation is to calculate the flow rate for at least one well in each
tubing and pressure group combination within a sub-basin. Removing the
subscript ``p'' from the parameter and revising the parameter
definition accordingly clarifies that the measurement is not for all
wells. Also in Equation W-7, the EPA is proposing to amend the
parameter Tp and its definition to clarify that it refers to
the cumulative amount of time in hours for venting of each well as
opposed to the time for the well(s) that were measured.
The EPA is proposing to update Equation W-8 in 40 CFR 98.233(f)(2)
by revising the definition of parameter SPp to clarify that
the reporter must take a ratio of casing to tubing pressure. The EPA is
further updating Equation W-8 and also Equation W-9 in 40 CFR
98.233(f)(3) by replacing the subscript ``q'' with ``p'' in parameter
SFR to match the definition of parameter SFRp. Finally, for
Equations W-8 and W-9, the EPA is clarifying that the terms Vp and
HRp,q are to be monitored per unloading event.
Gas Well Venting During Completions and Workovers from Hydraulic
Fracturing. The EPA reviewed Equation W-11A, which calculates a flow
rate for subsonic flow, and Equation W-11B, which calculates a flow
rate for sonic flow. These equations are intended to calculate flow of
gas following hydraulic fracturing of gas wells through a choke at the
wellhead. The EPA determined that the equations as presented in the
final rule are correct. However, it may not be clear in the December
2011 final rule that the output from Equations W-11A and W-11B are at
actual conditions, i.e., subsonic and sonic flow conditions and that a
conversion of the results from Equation W-11A and W-11B to standard
conditions is required prior to use in Equation W-12. Omitting the step
of converting actual to standard conditions results in a lower flowrate
output from Equation W-11A or Equation W-11B, which corresponds to a
lower emissions calculation in Equation W-10A. In this

[[Page 29941]]

proposed rule, EPA proposes to add a reference to 40 CFR 98.233(t) in
the parameter definition FRs,p to convert FRa to
standard conditions. Furthermore, to eliminate this potential ambiguity
and make the equations more explicit, the EPA is proposing to insert
the word ``actual'' in the definition of flow rate, FR, and also add a
subscript ``a.'' Finally, EPA proposes to clarify the definition of
orifice cross sectional area, ``A'' to state ``Cross sectional open
area of the restriction orifice (m²).''
The EPA is proposing to clarify that the flow volume variable
FVs,p in Equation W-10B is at standard cubic feet, which is
a volume unit as opposed to the standard cubic feet per hour flow rate
unit in the December 2011 final rule. Although the engineering
equations in subpart W more commonly use flow rates as units of
measurement, the use of flow volumes in equation W-10B is similar to
the use of flow volume in 40 CFR 98.233(n), which includes provisions
for reporters to calculate their flow volumes in standard cubic feet as
opposed to a cubic feet per hour flow rate value.
Finally, the EPA is proposing to provide reporters with the option
to take and use more than the prescribed number of sample measurements
per sub-basin and well type (horizontal or vertical). As described
above for a similar proposed amendment for well venting for liquids
unloading, the EPA notes that this would not change the burden to
reporters, but would allow reporters to account for any additional
samples that they may have already taken.
Gas Well Venting During Completions and Workovers Without Hydraulic
Fracturing. The EPA is proposing amendments to clarify that the output
of Equation W-13 is a sum of emissions from all completions and
workovers without hydraulic fracturing within a sub-basin.
Blowdown Vent Stacks. The EPA is proposing to revise the
nomenclature of two terms in Equations W-14A and W-14B. First, the EPA
is revising the parameter ``Es,n'' in the parameter
description to match the term in the Equation W-14B. Second, the EPA is
revising the term ``Ta'' to ``Ta,p'' in Equation
W-14B to clarify the intent of the equation, which allows the reporter
to input the temperature in actual conditions for each blowdown event
``p.''
Onshore Production Storage Tanks. The EPA is proposing to revise 40
CFR 98.233(j)(5) to clarify that the term ``throughput'' refers to
``average daily throughput of oil'' consistent with similar changes
made elsewhere in 40 CFR 98.233(j) during the December 23, 2011
technical corrections final rule. The EPA is also proposing to revise
the definition of ``Count'' in Equation W-15 of 40 CFR 98.233(j)(5) to
clarify that the reporters are to only count the separators or wells
that feed oil directly to the storage tank. The count should not
include separators that feed oil to other separators. The EPA is also
proposing to revise the parameter definition of ``1000'' to accurately
describe the conversion occurring through this parameter.
Well Testing Venting and Flaring. The EPA is proposing to revise
the definition of ``PR'' in Equation W-17B of 40 CFR 98.233(l)(3) to
clarify that the production rate is in actual and not standard
conditions.
Flare Stack Emissions. The EPA is proposing to remove and reserve
40 CFR 98.233(n)(7) to harmonize the language with the reporting
requirements in 40 CFR 98.236, which requires emissions to be reported
separately for combusted CO2, uncombusted CO2,
and uncombusted CH4. This deletion would remove an undesired
calculation.
Centrifugal and Reciprocating Compressors. The EPA is proposing to
make technical corrections to Equations W-23, W-24, W-27, and W-28 to
provide the proper notation for the summations in those equations so
that owners and operators may correctly calculate GHG emissions from
centrifugal and reciprocating compressors. Although EPA recognizes that
additional clarifications to the definitions in the parameters to these
equations could be helpful to owners and operators, the EPA has not
proposed any substantive changes in this action. This is because,
following the publication of subpart W in the Federal Register in 2010,
several industry groups requested reconsideration of several provisions
in the final rule, including the reciprocating and centrifugal
compressor monitoring requirements. At present, we are merely making
technical corrections to the existing equations in the rule, and are
not granting reconsideration of the compressor requirements or any
other issues raised in those petitions for reconsideration in this
action. We will consider the compressor monitoring requirements at a
later time.
Finally, the EPA is proposing to revise the definition of parameter
EFi in Equation W-25 in 40 CFR 98.233(o)(7) by deleting the
term ``thousand'' to eliminate an unnecessary unit conversion.
Population Count and Emission Factors. We are also proposing to
amend an incorrect reference in 40 CFR 98.233(r)(2) to ``Table W-1A''
to Subpart A of Part 98 instead of ``Table 1-A.''
Finally, in 40 CFR 98.233(r)(6)(ii), we are proposing to revise the
term ``meter or regulator'' and replace it with ``meter/regulator,''
for consistency with the term prescribed in the definition in 40 CFR
98.238.
Volumetric emissions. The EPA is proposing to revise 40 CFR
98.233(t) to clarify that reporters do not need to alter their
calculation results to standard conditions if the results already
reflect standard conditions.
GHG mass emissions. The EPA is proposing to revise the definition
of parameter ``[rho]i'' in Equation W-36 to amend the
density value of CH4 to be 0.0192 kg/ft³ in
Equation W-36. The current density value of 0.04220 is the density of
CH4 in lb/ft³. In the required units of kg/
ft³, the density value for CH4 should be 0.0192
kg/ft³.
Onshore Production and Distribution Combustion Emissions. The EPA
is proposing to replace the parameter ``ECO2'' with
``Ea,CO2'' in the parameter definition for Equation W-39A in
40 CFR 98.233(z)(2)(iii) to match the parameters in the equation.
Finally, the EPA is proposing to revise the definition of ``HHV'' in 40
CFR 98.233(z)(2)(vi) to reflect the correct term represented by the
acronym.
Data Reporting Requirements. The EPA is proposing amendments to
specific provisions within 40 CFR 98.236. These changes are intended to
clarify terms, correct references, and remove extraneous terms.
First, the EPA is proposing to amend 40 CFR 98.236(c)(5)(ii)(D) to
clarify that the average internal casing diameter of all wells, as
opposed to each well, must be reported.
Second, we propose to amend 40 CFR 98.236(c)(9) by removing the
text, ``using optical gas imaging instrument per 40 CFR 98.234(a)
(refer to 40 CFR 98.233(k)), or acoustic leak detections of.'' This is
because 40 CFR 98.233(k) allows the use of several monitoring methods
for determining tank vapor vent stack emissions. The text in 40 CFR
98.236(c)(9) limits the reporters to optical gas imaging and acoustic
leak detection, which is misleading.
The EPA is also proposing to amend 40 CFR 98.236(c)(13)(iii)(C) to
correct for an error in the units associated with emissions from
isolation valve leakage for centrifugal compressors measured using
provisions in 40 CFR 98.233. Specifically, EPA is proposing to replace
the units of ``cubic feet per hour'' with ``metric tons of
CO2e for each gas'' to align the units of this data
reporting element to those of the general

[[Page 29942]]

provisions of Part 98, 40 CFR 98.3(c)(4)(i), which require reporting of
annual emissions in units of mass in metric tons of CO2e.
EPA seeks comment on this proposed amendment to correct the units for
this data reporting element.
Next, the EPA is proposing to amend 40 CFR 98.236(c)(15)(i)(B) by
updating the incorrect reference to ``Equation W-30'' to read
``Equation W-30A.'' Similarly, the EPA is proposing to amend 40 CFR
98.236(c)(15)(i)(C) by updating the incorrect reference to Equation W-
30 to read Equation W-30A. In 40 CFR 98.236(c)(15)(i)(C), the EPA
proposes to delete the unnecessary reference to ``parameter GHGi.''
In 40 CFR 98.236(c)(15)(ii)(A), the EPA is proposing to remove the
text references to ``(a)(4)'' and ``W-3'' because the reporting
requirements for pneumatic devices are already covered under 40 CFR
98.236c)(1) and making this reference unnecessary. Similarly, the EPA
is proposing to delete the reference to ``(a)(8)'' because the
reporting requirements for population counts in the natural gas
distribution industry segment are already covered under 40 CFR
98.236(c)(16).
Finally, the EPA is proposing to delete ``and CH4'' from
the reporting requirements for EOR injection pumps in 40 CFR
98.236(c)(17)(v). The EPA clarified through the December 23, 2011 final
rule that only CO2 emissions must be calculated from EOR
injection pump blowdowns (76 FR 80565). Although the calculation
requirements were clarified in that rule, the harmonizing change was
not made to remove CH4 from the data reporting requirements.
This proposed change would make the data reporting requirements
consistent with the calculation procedures in Equation W-37.
Emission Factor Tables. First, we are proposing to revise the
incorrect title of Table W-1A of subpart W by deleting ``Table A-1A''
and correcting it to ``Table W-1A.''
In the December 2011 technical corrections final rule (76 FR
80592), the emission factors were converted from a standard temperature
of 68 [deg]F to a standard temperature of 60 [deg]F. The EPA
inadvertently used an incorrect intermediary version of Table W-1A to
convert the emission factor. In this proposed rule, the EPA is
proposing to rectify the emission factors in Table W-1A using the
correct version of Table W-1A from the November 2010 rule. We note that
the EPA did receive technical comments on the actual default emission
factor values in Table W-1A in the December 2011 technical corrections
final rule (see the Response to Comments document for the final rule,
comment number EPA-HQ-OAR-2011-0147-0016, Excerpt 30). This proposed
action merely proposes to correct the error that resulted in December
2011 from use of an incorrect intermediary table when the emission
factors were converted from a standard temperature of 68 [deg]F to a
standard temperature of 60 [deg]F. As stated in the Response to
Comments document referenced above, the EPA may consider substantive
changes to the default factors for future rulemakings.
The EPA made changes to the emission factors for the Eastern United
States in December 2011 as result of comments on the calculation
performed to derive these numbers. Similar changes were required for
the pneumatic devices in the Western United States but were
inadvertently not made in the December 2011 final rule. Therefore, the
EPA is proposing to make a similar change to the pneumatic device
emission factors for the Western United States.
Finally, we are proposing to amend Table W-5 to provide the cross-
reference for footnote 2, by adding a reference associated with
footnote 2 to Vapor Recovery Compressor.
3. Overview and Approach to Proposed CBI Determinations
In this action, the EPA is proposing a small number of revisions to
the data reporting requirements affecting subpart W reporters.
Specifically, in this action, the EPA is proposing to make the
following amendments:
40 CFR (c)(5)(ii)(D) to clarify that the average internal
casing diameter must be reported for all wells, as opposed to each
well.
40 CFR 98.236(c)(9) to align the reporting requirements
with the corresponding calculation methodologies in 40 CFR 98.233(k) by
removing erroneous text.
40 CFR 98.236(c)(13)(iii)(C) to correct the units of the
reporting requirements.
40 CFR 98.236(c)(15)(i)(B) and (C) to remove incorrect
references and citations.
40 CFR 98.236(c)(15)(ii)(A) to remove unnecessary text
which if not removed results in redundancy for reporters.
40 CFR 98.236(c)(17)(v) to remove reporting of CH4 to make
the reporting requirements consistent with the calculation procedures.
For these data elements, the EPA proposed confidentiality
determinations (for non-inputs), and deferral of reporting (for inputs)
in a proposed action, Proposed Confidentiality Determinations for the
Petroleum and Natural Gas Systems Source Category, and Amendments to
Table A-7 of the Greenhouse Gas Reporting Rule, published on February
24, 2012 (77 FR 11039). These five amendments are minor clarifications
that do not change the general meaning of the data elements and
therefore would not affect the determinations or deferrals proposed in
that action.

D. Subpart L--Fluorinated Gas Production

1. Background
In today's rule, we are proposing that greenhouse gas emissions be
reported in a less detailed manner for the initial two years of
reporting under subpart L. The proposed changes pertain only to subpart
L, and would be a temporary change (i.e., for reporting years 2011 and
2012) to allow the EPA sufficient time to fully evaluate concerns
recently raised by stakeholders that reporting and public availability
of process-specific emissions of individual fluorinated GHGs may reveal
trade secrets. Under subpart L, fluorinated gas producers are currently
required to report greenhouse gas emissions by chemical for each
process.\7\
---------------------------------------------------------------------------

\7\ Greenhouse gas emissions are currently required to be
reported by chemical for each fluorinate gas production process,
each fluorinated gas transformation process that is not part of a
fluorinated gas production process, each fluorinate gas destruction
process that is not part of a fluorinated gas production or
transformation process, and venting of residual fluorinated GHGs
(heels) from containers returned from the field (40 CFR
98.126(a)(2)).
---------------------------------------------------------------------------

On January 10, 2012, the EPA published proposed determinations
regarding whether the Greenhouse Gas Reporting Program data elements in
eight subparts of Part 98, including subpart L, would or would not be
entitled to confidential treatment under the CAA (77 FR 1434). In that
proposed rule, the EPA proposed that the chemical identities and
quantities of the fluorinated GHG emissions at the process-level,
reported under subpart L, are ``emission data.'' Under section 114 of
the CAA, ``emission data'' are not eligible for confidential treatment.
Two commenters on that proposed rule, the American Chemistry
Council and 3M Company, raised concerns that the release of certain
data elements that the EPA proposed to classify as emission data, and
that therefore would not be eligible for treatment as confidential
business information, would reveal trade secrets. 3M noted that, due to
the uniqueness of its production processes, it may be the only U.S.
producer of fluorinated gases that

[[Page 29943]]

has these trade secret concerns. No other producer of fluorinated gases
individually raised these concerns in either the subpart L or CBI
rulemakings. Both commenters stated that the disclosure of the identity
and quantities of the fluorinated GHGs emitted at the process level,
from either process vents or fugitive sources, would reveal sensitive
information regarding individual chemical production processes. 3M
stated that process-level emission data contain specific information on
reactants, byproducts, and products that would provide competitors with
a detailed understanding of 3M's manufacturing process. They noted that
competitors with knowledge of fluorine chemistry could use such
information to identify the particular manufacturing pathways used by
3M. Competitors could then duplicate these processes without having to
incur research and development costs, placing 3M at a competitive
disadvantage.
The American Chemistry Council and 3M Company also expressed
concern that the disclosure of the identity and quantity of emissions
at the process level could violate export control regulations.
Specifically, the commenters stated that the release of some data
elements would make public information that is subject to Export
Administration Regulations (EAR) and International Traffic in Arms
Regulations (ITAR) that prohibit public disclosure for reasons of
``national security, anti-terrorism, nuclear non-proliferation, and
chemical and biological weapons security.'' The commenters stated that
the federal regulations not only control export of products, but also
export of technical knowledge, such as the design of a product and
production information, and that the release of process-level emission
data may provide such insight into the design of a product or
production information that is export controlled. The commenters stated
that if the EPA attempted to protect export-controlled information from
disclosure by implementing ``an export control plan,'' this would be in
conflict with its position that emission data cannot be withheld from
the public under the CAA.
EPA needs additional time to fully evaluate whether these concerns
are justified and how the rule might be changed to balance these
concerns with the need to obtain the data necessary to inform the
development of future GHG policies and programs. Specifically, EPA
needs additional time to consider these comments, better understand
whether the concerns raised are unique to one facility/manufacturer,
and evaluate whether a two-track approach with different levels of
reporting for different facilities would be feasible. Memorandum:
Potential Future Subpart L Options in the docket to this rulemaking
(EPA-HQ-OAR-2011-0147) describes some possible alternative reporting
frameworks. EPA is currently in the process of evaluating whether the
potential options described in the memorandum would generate an
adequate data set upon which to inform the development of future GHG
policies and programs. We seek comment on whether the options presented
would address the concerns raised by commenters. Although EPA is
seeking comment on the alternatives presented in this memorandum, any
changes to Part 98 would be made through a separate proposed action,
including accompanying proposed regulatory text changes. That proposal,
should there be one, would also include proposed confidentiality
determinations for any long-term proposed changes to the reporting
requirements in subpart L.
2. Proposed Amendments
The EPA needs additional time to fully evaluate whether these
concerns are warranted. As a result, we are proposing amendments that
would apply for only reporting years 2011 and 2012 to allow the EPA
sufficient time to evaluate these concerns, and if needed, to make
permanent changes to the rule. We are proposing a new reporting element
for reporting years 2011 and 2012, where owners and operators of
facilities producing fluorinated gases would be required to report
annual total facility-wide fluorinated GHG emissions, expressed in tons
of CO2e.\8\ The facilities would not be required to report
process level emissions or individual fluorinated GHGs for reporting
years 2011 and 2012. These amendments would apply to subpart L only.
These proposed amendments do not change any other requirements of Part
98, including the requirement that these data elements be retained as
records in a form that is suitable for expeditious inspection and
review (required for all Part 98 records by 40 CFR 98.3(g)).
---------------------------------------------------------------------------

\8\ This would include emisions from all fluorinated gas
production processes, all fluorinated gas transformation processes
that are not part of a fluorinated gas production process, all
fluorinated gas destruction processes that are not part of a
fluorinated gas production process or a fluorinated gas
transformation process, and venting of residual fluorinated GHGs
from containers returned from the field.
---------------------------------------------------------------------------

This proposed action would not have any impact on the EPA's final
rule issued on August 25, 2011 (76 FR 53057), which deferred the
deadline for reporting subpart L data elements that are inputs to
emission equations until March 31, 2015. The data elements listed in
that action for which the reporting deadline was deferred until March
31, 2015 are still deferred until that date. For the data elements
listed below, we are proposing in this action, that owners and
operators of facilities producing fluorinated gases would not be
required to submit the information until March 31, 2014 (unless the
deferral of inputs action mentioned previously has already set forth a
deferred reporting deadline of March 31, 2015).
40 CFR 98.3(c)(4)(iii)
40 CFR 98.126 (a)(2), (a)(3), (a)(4), (a)(6),(b), (c),
(d), (e), (f), (g), and (h).
The data element at 40 CFR 98.3(c)(4)(iii) is the subpart A
reporting requirement that requires reporting of greenhouse gas
emissions by chemical for each subpart. Again, reporting of this data
element would be deferred for reporting year 2011 and reporting year
2012 for subpart L only.
With these proposed changes, fluorinated gas producers would
report, under subpart L, only the data elements in 40 CFR 98.126(a)(5)
(the methods used) and in proposed paragraph 40 CFR 98.126(j) (for
facility-level CO2e emissions) for reporting year 2011 and
reporting year 2012. Consistent with 40 CFR 98.126(e), a facility would
need to include the excess emissions, converted to CO2e,
that result from malfunctions of the destruction device when reporting
total facility CO2e under 40 CFR 98.126(j). However, as
noted in 40 CFR 98.126(j), these excess emissions would not need to be
reported separately but would be included in the facility-wide
CO2e reported. While reporters are still reporting
98.126(a)(5), we are proposing to amend this reporting element to
require facilities to report the methods used to determine emissions at
a facility-level rather than linking each method to a particular
process.
We note that the data elements in 40 CFR 98.122(a) and (b) refer to
reporting of GHGs under subpart C of part 98, General Stationary Fuel
Combustion Sources, and the reporting of fluorinated GHGs under subpart
O of part 98, HCFC-22 Production and HFC-23 Destruction, respectively,
and we are not proposing to change them through this action.
To convert fluorinated GHG emissions into CO2e, the EPA
is proposing that facilities use Equation A-1 of subpart A. For
fluorinated GHGs that do not have a GWP listed in Table A-1, facilities
would be required either to use a default

[[Page 29944]]

GWP or to use their best estimate of the GWP, based on the information
described in 40 CFR 98.123(c)(1)(vi)(A)(3).\9\ The default GWP used
would depend on the type of fluorinated GHG. For fully fluorinated
GHGs, the default GWP would be 10,000, which is based on the average
GWP of the fully fluorinated GHGs on Table A-1. For the purposes of
subpart L, EPA is proposing to define ``fully fluorinated GHGs'' as
``fluorinated GHGs that contain only single bonds and in which all
available valence locations are filled by fluorine atoms. This includes
but is not limited to saturated perfluorocarbons, SF6, NF3, SF5CF3,
fully fluorinated linear, branched and cyclic alkanes, fully
fluorinated ethers, fully fluorinated tertiary amines, fully
fluorinated aminoethers, and perfluoropolyethers.'' For other
fluorinated GHGs, the default GWP would be 2,000, which is based on the
average GWP of the other fluorinated GHGs on Table A-1. EPA is
proposing to distinguish between fully fluorinated GHGs and other
fluorinated GHGs because the former have significantly longer lifetimes
and higher GWPs than the latter. EPA requests comment on the proposed
definition of fully fluorinated GHGs and on the default GWPs.
---------------------------------------------------------------------------

\9\ This is part of the provision of subpart L that allows
facilities to request to use provisional GWPs to calculate whether
they must use stack testing to establish an emission factor for a
vent. Note that EPA is not proposing to approve best-estimate GWPs
under this action.
---------------------------------------------------------------------------

We are proposing to add three new data elements that, if a facility
used one or more default or best-estimate GWPs, it would be required to
report the shares of its CO2e emissions that were
respectively based on the default and/or best estimate GWPs. This would
enable the EPA to understand the potential impact of the default or
best estimate GWPs on the overall estimated emissions of the facility.
We are proposing that, facilities using best estimate GWPs be required
to keep the GWPs, along with the data and analysis that were used to
develop the GWPs, as records.
The EPA requests comment on the approach for assigning GWPs to
fluorinated GHGs without GWPs on Table A-1. If commenters believe that
another method should be used for calculating GWP values for chemicals
not listed in Table A-1, they should provide details and rationale for
the specific method that they recommend.
The EPA is proposing that the amendments described above apply for
reporting year 2011 and reporting year 2012. Because the deadline for
reporting year 2012 reporting is March 31, 2013, just six months after
the reporting year 2011 reporting deadline, the EPA has determined that
making these proposed amendments effective for two reporting years
would allow sufficient time to fully evaluate the concerns raised as
well as, if needed, make a permanent change to the rule. The EPA
requests comment on whether these amendments should apply for only
reporting year 2011 rather than for reporting year 2011 and reporting
year 2012.
Because only one company raised concerns that reporting process-
specific emissions by chemical would reveal trade secrets, the EPA is
also requesting comment on giving fluorinated gas producers the option
to report all of the subpart L data elements that are currently subject
to a September 2012 reporting deadline. Fluorinated gas producers that
have established tracking and reporting systems based on the current
rule would then be able to report based on their current systems. At
the same time, this approach would preserve chemical-by-chemical
reporting at the process level where companies decide to report in this
manner.
3. Overview and Approach to Proposed CBI Determinations
As discussed in Section II.D.2 of this preamble, the EPA is
proposing amendments that would apply to subpart L for reporting years
2011 and 2012. Owners and operators would be required to report the
facility's fluorinated GHG emissions only as an annual total expressed
as CO2e emissions as well as the shares of those emissions
that were based on the default and/or best estimate GWPs.
The proposed amendment includes addition of these four reporting
elements, which are listed below in Table 2 of this preamble.\10\
---------------------------------------------------------------------------

\10\ 76 FR 30782, May 26, 2011.
\11\ The CBI determinations of these data categories were
finalized in the Final CBI Rule (May 26, 2011, 76 FR 30782).

Table 2--Proposed Reporting Data Elements and Confidentiality
Determinations
------------------------------------------------------------------------
Proposed data
category
Citation Data element (finalized CBI
determination
\11\)
------------------------------------------------------------------------
1. 98.126(j)(3)............... You must report the Emissions
total fluorinated GHG (Emission Data:
emissions of the Made available
facility, expressed to the public).
in tons of CO2e.
2. 98.126(j)(3)(ii)........... Provide the total Emissions
annual emissions (Emission Data:
across fluorinated Made available
GHGs for the entire to the public).
facility, in metric
tons of CO2e, that
were calculated using
the default GWP of
2000.
3. 98.126(j)(3)(iii).......... Provide the total Emissions
annual emissions (Emission Data:
across fluorinated Made available
GHGs for the entire to the public).
facility, in metric
tons of CO2e, that
were calculated using
the default GWP of
10,000.
4. 98.126(j)(3)(iv)........... Provide the total Emissions
annual emissions (Emission Data:
across fluorinated Made available
GHGs for the entire to the public).
facility, in metric
tons of CO2e, that
were calculated using
your best estimate of
the GWP.
------------------------------------------------------------------------

In conjunction with the proposed addition of the four data elements
identified above, we are proposing confidentiality determinations for
these data elements. Because these four data elements describe
emissions exhausted to the atmosphere, we are proposing to assign these
proposed data elements to the ``Emissions'' category. These proposed
data elements are exactly the same type of data (i.e., information
regarding the quantity of GHG emissions to the atmosphere) as all of
the other data elements previously categorized in the ``Emissions''
data category in the Final CBI rule. As mentioned above, in the Final
CBI rule, the EPA determined that the data elements in this data
category are ``emission data'' under CAA section 114(c) and 40 CFR
2.301(a)(2)(i). Since the proposed data elements are the same as the
data elements previously finalized in the ``Emissions'' data category,
we propose

[[Page 29945]]

that the determination applied to that category also applies to these
four proposed data elements, and that these data elements would not be
eligible for CBI treatment.
As mentioned above, we are also proposing to amend the reporting
requirement in 98.126(a)(5); however, the proposed amendment is a minor
change in which facilities are reporting the methods used to determine
emissions at a facility-level rather than linking each method to a
particular process. Because the same information would be reported
(without being linked to a particular process), this change does not
affect the proposed confidentiality determination that was made for
this data element in a recent proposal.12 As a result, we are not
proposing a confidentiality determination for this data element.

III. Statutory and Executive Order Reviews

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

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

B. Paperwork Reduction Act

This action does not impose any new information collection burden.
These proposed amendments do not make any substantive changes to the
reporting requirements in any of the subparts for which amendments are
being proposed. In many cases, the proposed amendments could
potentially reduce the reporting burden by making the monitoring and
reporting requirements more clear and to more closely conform to
industry practices. However, the OMB has previously approved the
information collection requirements for subparts A on October 30, 2009,
subpart L on December 1, 2010, subpart W promulgated on November 30,
2010, subpart TT promulgated on July 12, 2010 under 40 CFR part 98
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq., and has assigned OMB control numbers 2060-0629; 2060-0650; and
2060-0647; and 2060-0649 respectively. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
Further information on the EPA's assessment on the impact on burden
can be found in the 2012 Technical Corrections and Amendments Cost Memo
in docket number EPA-HQ-OAR-2011-0147.

C. Regulatory Flexibility Act (RFA)

The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of this proposed rule on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of these proposed rule
amendments on small entities, I certify that this action will not have
a significant economic impact on a substantial number of small
entities. The proposed rule amendments will not impose any new
requirement on small entities that are not currently required by the
regulation of subpart A promulgated on October 30, 2009; subpart TT
promulgated on July 12, 2010; subpart W promulgated on November 30,
2010, or subpart L promulgated on December 1, 2010.
Based on the proposed amendments in his action, the EPA has
provided clarity to address ambiguity in the rule provisions, and has
proposed corrections where necessary to assist reporters in
implementation of these subparts.
Further, the EPA took several steps to reduce the impact of 40 CFR
part 98 on small entities when developing the final GHG reporting rules
in 2009 and 2010. For example, the EPA determined appropriate
thresholds that reduced the number of small businesses reporting. In
addition, the EPA conducted several meetings with industry associations
to discuss regulatory options and the corresponding burden on industry,
such as recordkeeping and reporting. Finally, the EPA continues to
conduct significant outreach on the GHG reporting program and maintains
an ``open door'' policy for stakeholders to help inform the EPA's
understanding of key issues for the industries.

D. Unfunded Mandates Reform Act (UMRA)

The proposed rule amendments do not contain a Federal mandate that
may result in expenditures of $100 million or more for State, local,
and tribal governments, in the aggregate, or the private sector in any
one year. Thus, the proposed rule amendments are not subject to the
requirements of section 202 and 205 of the UMRA. This rule is also not
subject to the requirements of section 203 of UMRA because it contains
no regulatory requirements that might significantly or uniquely affect
small governments. The proposed amendments will not impose any new
requirements that are not currently required for 40 CFR part 98, and
the rule amendments would not unfairly apply to small governments.
Therefore, this action is not subject to the requirements of section
203 of the UMRA.

E. Executive Order 13132: Federalism

This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. For a more detailed discussion
about how Part 98 relates to existing state programs, please see
Section II of the preamble to the final Greenhouse Gas Reporting Rule
(74 FR 56266, October 30, 2009).
These amendments apply directly to facilities that supply certain
products that would result in GHGs when released, combusted or oxidized
and facilities that directly emit greenhouses gases. They do not apply
to governmental entities unless the government entity owns a facility
that directly emits GHGs above threshold levels (such as a landfill),
so relatively few government facilities would be affected. This
regulation also does not limit the power of States or localities to
collect GHG data and/or regulate GHG emissions. Thus, Executive Order
13132 does not apply to this action.
Although section 6 of Executive Order 13132 does not apply to this
action, the EPA did consult with State and local officials or
representatives of State and local governments in developing subparts A
on October 30, 2009; subpart TT promulgated on July 12, 2010; subpart W
promulgated on November 30, 2010; and subpart L promulgated on December
1, 2010. A summary of the EPA's consultations with State and local

[[Page 29946]]

governments is provided in Section VIII.E of the preamble to the 2009
final rule.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, the EPA specifically solicits comment on this proposed
action from State and local officials.

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

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

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

The 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
the 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 the EPA to provide
Congress, through OMB, explanations when the EPA decides not to use
available and applicable voluntary consensus standards.
This proposed rulemaking does not involve technical standards.
Therefore, the EPA is not considering the use of any voluntary
consensus standards.

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

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

List of Subjects in 40 CFR Part 98

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

Dated: May 11, 2012.
Lisa P. Jackson,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is proposed to be amended as follows:

PART 98--[AMENDED]

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

Authority: 42 U.S.C. 7401 et seq.

Subpart A--[Amended]

2. Section 98.3 is amended by:
a. Revising paragraph (c)(4)(i).
b. Revising paragraph (c)(4)(iii)(E).
c. Adding paragraph (c)(4)(iii)(F).
d. Revising paragraph (c)(4)(vi).
The revisions read as follows:

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

* * * * *
(c) * * *
(4) * * *
(i) Annual emissions (excluding biogenic CO2) aggregated
for all GHG from all applicable source categories, expressed in metric
tons of CO2e calculated using Equation A-1 of this subpart.
For electronics manufacturing (as defined in Sec. 98.90), starting in
reporting year 2012 the CO2e calculation must include each
fluorinated heat transfer fluid (as defined in Sec. 98.98) whether or
not it is also a fluorinated GHG.
* * * * *
(iii) * * *
(E) Each fluorinated GHG (as defined in Sec. 98.6), including
those not listed in Table A-1 of this subpart.
(F) For electronics manufacturing (as defined in Sec. 98.90), each
fluorinated heat transfer fluid (as defined in Sec. 98.98) that is not
also a fluorinated GHG as specified under (c)(4)(iii)(E). This
requirement applies beginning in reporting year 2012.
* * * * *
(vi) When applying paragraph (c)(4)(i) of this section to
fluorinated GHGs and fluorinated heat transfer fluids, calculate and
report CO2e for only those fluorinated GHGs and fluorinated
heat transfer fluids listed in Table A-1 of this subpart.
* * * * *
3. Table A-7 to subpart A of part 98 is amended by revising the
entries for subpart L to read as follows:

[[Page 29947]]

Table A-7 to Subpart A of Part 98--Data Elements that Are Inputs to
Emission Equations and for Which the Reporting Deadline Is March 31,
2015
------------------------------------------------------------------------
Specific data elements
for which reporting date
is March 31, 2015
Rule citation (40 CFR (``All'' means all data
Subpart part 98) elements in the cited
paragraph are not
required to be reported
until March 31, 2015)
------------------------------------------------------------------------

* * * * * * *
L..................... 98.126(b)(1)......... Only data used in
calculating the absolute
errors and data used in
calculating the relative
errors.
L..................... 98.126(b)(2)......... All.
L..................... 98.126(b)(6)......... Only mass of each
fluorine-containing
reactant fed into the
process.
L..................... 98.126(b)(7)......... Only mass of each
fluorine-containing
product produced by the
process.
L..................... 98.126(b)(8)(i)...... Only mass of each
fluorine-containing
product that is removed
from the process and fed
into the destruction
device.
L..................... 98.126(b)(8)(ii)..... Only mass of each
fluorine-containing by-
product that is removed
from the process and fed
into the destruction
device.
L..................... 98.126(b)(8)(iii).... Only mass of each
fluorine-containing
reactant that is removed
from the process and fed
into the destruction
device.
L..................... 98.126(b)(8)(iv)..... Only mass of each
fluorine-containing by-
product that is removed
from the process and
recaptured.
L..................... 98.126(b)(8)(v)...... All.
L..................... 98.126(b)(9)(i)...... All.
L..................... 98.126(b)(9)(ii)..... All.
L..................... 98.126(b)(9)(iii).... All.
L..................... 98.126(b)(10)........ All.
L..................... 98.126(b)(11)........ All.
L..................... 98.126(b)(12)........ All.
L..................... 98.126(c)(1)......... Only quantity of the
process activity used to
estimate emissions.
L..................... 98.126(c)(2)......... All.
L..................... 98.126(d)............ Only estimate of missing
data.
L..................... 98.126(f)(1)......... All.
L..................... 98.126(g)(1)......... All.
L..................... 98.126(h)(2)......... All.

* * * * * * *
------------------------------------------------------------------------

Subpart L--[Amended]

4. Section 98.126 is amended by:
a. Revising paragraph (a) introductory text.
b. Revising paragraph (a)(5).
c. Adding paragraph (j).
The revisions read as follows:

Sec. 98.126 Data Reporting Requirements.

(a) All facilities. In addition to the information required by
Sec. 98.3(c), you must report the information in paragraphs (a)(2)
through (a)(6) of this section according to the schedule in paragraph
(a)(1) of this section, except as otherwise provided in paragraph (j)
of this section or in Sec. 98.3(c)(4)(vii) and Table A-7 of Subpart A
of this part.
* * * * *
(5) The methods used to determine the mass emissions of each
fluorinated GHG, i.e., mass balance, process-vent-specific emission
factor, or process-vent-specific emission calculation factor, at the
facility. If you use the process-vent-specific emission factor or
process-vent-specific emission calculation factor method, report the
methods used to estimate emissions from equipment leaks.
* * * * *
(j) Special Provisions for Reporting Years 2011 and 2012 Only. For
reporting years 2011 and 2012, the owner or operator of a facility must
comply with paragraphs (j)(1), (j)(2), and (j)(3) of this section.
(1) Timing. The owner or operator of a facility is not required to
report the data elements at Sec. 98.3(c)(4)(iii) and Sec.
98.126(a)(2), (a)(3), (a)(4), (a)(6), (b), (c), (d), (e), (f), (g), and
(h) of this section until the later of March 31, 2014 or the date set
forth for that data element at Sec. 98.3(c)(4)(vii) and Table A-7 of
Subpart A of this part.
(2) Excess emissions. Excess emissions of fluorinated GHGs
resulting from destruction device malfunctions must be reflected in the
reported facility-wide CO2e emissions but are not required
to be reported separately.
(3) Calculation and Reporting of CO2e. You must report the total
fluorinated GHG emissions covered by this subpart, expressed in metric
tons of CO2e. This includes emissions from all fluorinated
gas production processes, all fluorinated gas transformation processes
that are not part of a fluorinated gas production process, all
fluorinated gas destruction processes that are not part of a
fluorinated gas production process or a fluorinated gas transformation
process, and venting of residual fluorinated GHGs from containers
returned from the field. To convert fluorinated GHG emissions to
CO2e for reporting under this section, use Equation A-1 of
Sec. 98.2. For fluorinated GHGs whose GWPs are not listed in Table A-1
of Subpart A of this subpart, use either the default GWP specified
below or your best estimate of the GWP based on the information
described in Sec. 98.123(c)(1)(vi)(A)(3).
(i) If you choose to use a default GWP rather than your best
estimate of the GWP for fluorinated GHGs whose GWPs are not listed in
Table A-1 to this subpart, use a default GWP of 10,000 for fluorinated
GHGs that are fully fluorinated GHGs and use a default GWP of 2000 for
other fluorinated GHGs.
(ii) Provide the total annual emissions across fluorinated GHGs for
the entire facility, in metric tons of CO2e, that were
calculated using the default GWP of 2000.
(iii) Provide the total annual emissions across fluorinated GHGs
for the entire facility, in metric tons of CO2e, that were
calculated using the default GWP of 10,000.

[[Page 29948]]

(iv) Provide the total annual emissions across fluorinated GHGs for
the entire facility, in metric tons of CO2e, that were
calculated using your best estimate of the GWP.
5. Section 98.127 is amended by adding paragraph (k) to read as
follows:

Sec. 98.127 Records that must be retained.

* * * * *
(k) For fluorinated GHGs whose GWPs are not listed in Table A-1 to
this subpart, maintain records of the GWPs used to calculate facility-
wide CO2e emissions. Where you used your best estimate of
the GWP, maintain records of the data and analysis used to develop that
GWP, including the data elements at Sec. 98.123(c)(1)(vi)(A)(1)-(3).
6. Section 98.128 is amended by adding the definition of ``Fully
fluorinated GHGs'' in alphabetical order to read as follows:

Sec. 98.128 Definitions.

* * * * *
Fully fluorinated GHGs means fluorinated GHGs that contain only
single bonds and in which all available valence locations are filled by
fluorine atoms. This includes but is not limited to saturated
perfluorocarbons, SF6, NF3,
SF5CF3, fully fluorinated linear, branched and
cyclic alkanes, fully fluorinated ethers, fully fluorinated tertiary
amines, fully fluorinated aminoethers, and perfluoropolyethers.
* * * * *

Subpart W--[Amended]

7. Section 98.233 is amended by:
a. In paragraph (e)(5), revising Equation W-6.
b. Revising paragraph (f)(1) introductory text, Equation W-7 and,
the definitions of parameters ``Tp'' and ``FRp''
in Equation W-7.
c. Revising paragraph (f)(1)(i) introductory text and paragraph
(f)(1)(i)(A).
d. In paragraph (f)(2), revising Equation W-8 and the definitions
of parameters ``SPp'', ``Vp'', and
``HRp,q'' in Equation W-8.
e. Revising (f)(3) introductory text, Equation W-9 and the
definitions of parameters ``W'', ``Vp'', and
``HRp,q'' in Equation W-9.
f. In paragraph (g), revising Equations W-10A and W-10B and the
definitions of ``FRM'', ``PRp'', ``EnFp'',
``SGp'', and ``FVp''.
g. Revising paragraph (g)(1) introductory text.
h. In paragraph (g)(1)(ii), revising Equations W-11A and W-11B, and
revising the definition of ``FR'' and ``A'' in both Equations W-11A and
W-11B.
i. In paragraph (g)(1)(iii), revising Equation W-12 and the
definitions of ``FRM'', ``FRp'', and ``PRp''; removing the definition
of ``W''; and adding the definition of ``N.''
j. Revising paragraph (g)(3)(i).
k. In paragraph (h), revising the definition of parameter
``Es,n'' in Equation W-13.
l. In paragraph (i)(3), revising the definition of
``ES,N'' in Equation W-14A, revising Equation W-14B and the
definition of ``Ta'' in Equation W-14B.
m. Revising paragraph (j)(5) introductory text and the definitions
``Count'' and ``1,000'' in Equation W-15.
n. In paragraph (l)(3), revising the definition of ``PR'' in
Equation W-17B.
o. Removing and reserving paragraph (n)(7).
p. In paragraph (o)(5), revising Equation W-23.
q. In paragraph (o)(6), revising Equation W-24.
r. In paragraph (o)(7), revising the definition of
``EFi'' in Equation W-25.
s. In paragraph (p)(7), revising Equation W-27.
t. In paragraph (p)(7)(i), revising Equation W-28.
u. Revising paragraph (r)(2) introductory text.
v. Revising paragraph (r)(6)(ii) introductory text.
w. Revising paragraph (t) introductory text, (t)(1) introductory
text, and the definition of ``Es,n'' and ``Ea,n''
in Equation W-33.
x. In paragraph (v), revising the definition of
``[rho]i'' in Equation W-36.
y. In paragraph (z)(2)(iii), revising the definition of
``ECO2'' in Equations W-39A and W-39B.
z. In paragraph (z)(2)(vi), revising the definition of parameter
``HHV'' in Equation W-40.
The revisions read as follows:

Sec. 98.233 Calculating GHG emissions.

* * * * *
(e) * * *
(5) * * *
[GRAPHIC] [TIFF OMITTED] TP21MY12.004

Where:

Es,n = Annual natural gas emissions at standard conditions in cubic
feet.
H = Height of the dehydrator vessel (ft).
D = Inside diameter of the vessel (ft).
P1 = Atmospheric pressure (psia).
P2 = Pressure of the gas (psia).
P = pi (3.14).
%G = Percent of packed vessel volume that is gas.
T = Time between refilling (days).
100 = Conversion of %G to fraction.
* * * * *
(f) * * *
(1) Calculation Methodology 1. For at least one well of each unique
well tubing diameter group and pressure group combination in each sub-
basin category (see Sec. 98.238 for the definitions of tubing diameter
group, pressure group, and sub-basin category), where gas wells are
vented to the atmosphere to expel liquids accumulated in the tubing, a
recording flow meter shall be installed on the vent line used to vent
gas from the well (e.g., on the vent line off the wellhead separator or
atmospheric storage tank) according to methods set forth in Sec.
98.234(b). Calculate emissions from well venting for liquids unloading
using Equation W-7 of this section.
[GRAPHIC] [TIFF OMITTED] TP21MY12.005

* * * * *

Tp = Cumulative amount of time in hours of venting for
each well, p, of the same tubing diameter group and pressure group
combination in a sub-basin during the year.
FR = Average flow rate in cubic feet per hour for all measured wells
venting for the duration of the liquids unloading, under actual
conditions as determined in paragraph (f)(1)(i) of this section.

(i) Determine the well vent average flow rate as specified under
paragraph (f)(1)(i) of this section for at least one well in a unique
well tubing diameter group and pressure group combination in each sub-
basin category.
(A) The average flow rate per hour of venting is calculated for
each unique tubing diameter group and pressure group combination in
each sub-basin category by dividing the recorded total flow by the
recorded time (in hours) for all measured liquid unloading events with
venting to the atmosphere.
* * * * *
(2) * * *

[[Page 29949]]

[GRAPHIC] [TIFF OMITTED] TP21MY12.006

* * * * *

SPp = Shut-in pressure or surface pressure for wells with
tubing production and no packers or casing pressure for each well,
p, in pounds per square inch absolute (psia) or casing-to-tubing
pressure ratio of one well from the same sub-basin multiplied by the
tubing pressure of each well, p, in the sub-basin, in pounds per
square inch absolute (psia).
Vp = Number of unloading events per year per well, p.
* * * * *
HRp,q = Hours that each well, p, was left open to the
atmosphere during each unloading event, q.

* * * * *
(3) Calculation Methodology 3. Calculate emissions from well
venting to the atmosphere for liquids unloading with plunger lift
assist using Equation W-9 of this section.
[GRAPHIC] [TIFF OMITTED] TP21MY12.007

* * * * *

W = Total number of wells with plunger lift assist and well venting
for liquids unloading for each sub-basin.
* * * * *
Vp = Number of unloading events per year for each well,
p.
* * * * *
HRp,q = Hours that each well, p, was left open to the
atmosphere during each unloading event, q.

* * * * *
(g) * * *
[GRAPHIC] [TIFF OMITTED] TP21MY12.008

* * * * *

FRMs = Ratio of flowback during well completions and
workovers from hydraulic fracturing to 30-day production rate from
Equation W-12.
PRs,p = First 30-day average production flow rate in
standard cubic feet per hour of each well p, under actual
conditions, converted to standard conditions, as required in
paragraph (g)(1) of this section.
EnFs,p = Volume of CO2 or N2 injected gas in
cubic feet at standard conditions that was injected into the
reservoir during an energized fracture job for each well p. If the
fracture process did not inject gas into the reservoir, then EnFp is
0. If injected gas is CO2 then EnFp is 0.
SGs,p = Volume of natural gas in cubic feet at standard
conditions that was recovered into a flow-line for well p as per
paragraph (g)(3) of this section. This parameter includes any
natural gas that is injected into the well for clean-up. If no gas
was recovered, SGp is 0.
FVs,p = Flow volume of each well (p) in standard cubic
feet measured using a recording flow meter (digital or analog) on
the vent line to measure flowback during the completion or workover
according to methods set forth in Sec. 98.234(b).

(1) The average flow rate for flowback during well completions and
workovers from hydraulic fracturing shall be determined using
measurement(s) for calculation methodology 1 or calculation(s) for
calculation methodology 2 described in this paragraph (g)(1) of this
section. If Equation W-10A is used, the number of measurements or
calculations shall be determined per sub-basin and well type
(horizontal or vertical) as follows: At least one measurement or
calculation for less than or equal to 25 completions or workovers; at
least two measurements or calculations for 26 to 50 completions or
workovers; at least three measurements or calculations for 51 to 100
completions or workovers; at least four measurements or calculations
for 101 to 250 completions or workovers; and at least five measurements
or calculations for greater than 250 completions or workovers.
* * * * *
(ii) * * *
[GRAPHIC] [TIFF OMITTED] TP21MY12.009

[[Page 29950]]

Where:

FRa = Average flow rate in cubic feet per hour, under
actual subsonic flow conditions.
A = Cross sectional open area of the restriction orifice (m2).
* * * * *
[GRAPHIC] [TIFF OMITTED] TP21MY12.010

Where:

FRa = Average flow rate in cubic feet per hour, under
actual sonic flow conditions.
A = Cross sectional open area of the restriction orifice (m2).
* * * * *
(iii) * * *
[GRAPHIC] [TIFF OMITTED] TP21MY12.011

Where:

FRMs = Ratio of flowback rate during well completions and
workovers from hydraulic fracturing to 30-day production rate.
FRs,p = Measured flowback rate from Calculation
Methodology 1 described in paragraph (g)(1)(i) of this section or
calculated flow rate from Calculation Methodology 2 described in
paragraph (g)(1)(ii) of this section in standard cubic feet per hour
for well(s) p for each sub-basin and well type (horizontal or
vertical) combination. Measured and calculated FRa values shall be
converted from actual conditions (FRa) to standard conditions
(FRs,p) for each well p using Equation W-33 in paragraph (t) of this
section. You may not use flow volume as used in Equation W-10B
converted to a flow rate for this parameter.
PRs,p = First 30-day production rate in standard cubic
feet per hour for each well p that was measured in the sub-basin and
well type combination.
N = Number of measured or calculated well completions or workovers
using hydraulic fracturing in a sub-basin and well type formation.
* * * * *
(3) * * *
(i) Use the factor SGs,P in Equation W-10A of this section, to
adjust the emissions estimated in paragraphs (g)(1) through (g)(4) of
this section by the magnitude of emissions captured using purpose
designed equipment that separates saleable gas from the flowback as
determined by engineering estimate based on best available data.
* * * * *
(h) * * *
* * * * *
Es,n = Annual natural gas emissions in standard cubic
feet from gas well venting during well completions and workovers
without hydraulic fracturing.
* * * * *
(i) * * *
(3) * * *
* * * * *
Es,n = Annual natural gas venting emissions at standard
conditions from blowdowns in cubic feet.
[GRAPHIC] [TIFF OMITTED] TP21MY12.012

* * * * *
Ta,p = Temperature at actual conditions in the unique
physical volume ([deg]F) for each blowdown ``p''.
* * * * *
(j) * * *
(5) Calculation Methodology 5. For well pad gas-liquid separators
and for wells flowing off a well pad without passing through a gas-
liquid separator with annual average daily throughput of oil less than
10 barrels per day use Equation W-15 of this section:
* * * * *
Count = Total number of separators or wells with annual average
daily throughput less than 10 barrels per day. Count only separators
or wells that feed oil directly to the storage tank.
1,000 = Conversion from thousand standard cubic feet to standard
cubic feet.
* * * * *
(l) * * *
(3) * * *
* * * * *
PR = Average annual production rate in actual cubic feet per day for
the gas well(s) being tested.
* * * * *
(o) * * *
(5) * * *
[GRAPHIC] [TIFF OMITTED] TP21MY12.013

* * * * *
(6) * * *

[[Page 29951]]

[GRAPHIC] [TIFF OMITTED] TP21MY12.014

* * * * *
(7) * * *
* * * * *
EFi = Emission factor for GHGi. Use 1.2 x
10⁷ standard cubic feet per year per compressor for
CH4 and 5.30 x 10⁵ standard cubic feet per
year per compressor for CO2 at 60 [deg]F and 14.7 psia.
* * * * *
(p) * * *
(7) * * *
[GRAPHIC] [TIFF OMITTED] TP21MY12.015

* * * * *
(i) * * *
[GRAPHIC] [TIFF OMITTED] TP21MY12.016

* * * * *
(r) * * *
(2) Onshore petroleum and natural gas production facilities shall
use the appropriate default population emission factors listed in Table
W-1A of this subpart for equipment leaks from valves, connectors, open
ended lines, pressure relief valves, pump, flanges, and other. Major
equipment and components associated with gas wells are considered gas
service components in reference to Table W-1A of this subpart and major
natural gas equipment in reference to Table W-1B of this subpart. Major
equipment and components associated with crude oil wells are considered
crude service components in reference to Table W-1A of this subpart and
major crude oil equipment in reference to Table W-1C of this subpart.
Where facilities conduct EOR operations the emissions factor listed in
Table W-1A of this subpart shall be used to estimate all streams of
gases, including recycle CO2 stream. The component count can
be determined using either of the methodologies described in this
paragraph (r)(2). The same methodology must be used for the entire
calendar year.
* * * * *
(6) * * *
(ii) Emissions from all above grade metering-regulating stations
(including above grade TD transfer stations) shall be calculated by
applying the emission factor calculated in Equation W-32 and the total
count of meter/regulator runs at all above grade metering-regulating
stations (inclusive of TD transfer stations) to Equation W-31. The
facility wide emission factor in Equation W-32 will be calculated by
using the total volumetric GHG emissions at standard conditions for all
equipment leak sources calculated in Equation W-30B in paragraph (q)(8)
of this section and the count of meter/regulator runs located at above
grade transmission-distribution transfer stations that were monitored
over the years that constitute one complete cycle as per (q)(8)(i) of
this section. A meter on a regulator run is considered one meter/
regulator run. Reporters that do not have above grade T-D transfer
stations shall report a count of above grade metering-regulating
stations only and do not have to comply with Sec. 98.236(c)(16)(xix).
* * * * *
(t) Volumetric emissions. If equation parameters in Sec. 98.233
are already at standard conditions, which results in volumetric
emissions at standard conditions, then this paragraph does not apply.
Calculate volumetric emissions at standard conditions as specified in
paragraphs (t)(1) or (2) of this section, with actual pressure and
temperature determined by engineering estimates based on best available
data unless otherwise specified.
(1) Calculate natural gas volumetric emissions at standard
conditions using actual natural gas emission temperature and pressure,
and Equation W-33 of this section for conversions of Ea,n or
conversions of FRa (whether sub-sonic or sonic).
* * * * *
Es,n = Natural gas volumetric emissions at standard
temperature and pressure (STP) conditions in cubic feet, except
Es,n equals(FRs,p)for each well p when
calculating either subsonic or sonic flowrates under 98.233(g).
Ea,n = Natural gas volumetric emissions at actual
conditions in cubic feet, except Ea,n equals
(FRa,p) for each well p when calculating either subsonic
or sonic flowrates under 98.233(g).
* * * * *
(v) * * *
* * * * *
[rho]i = Density of GHGi. Use 0.0526 kg/ft³
for CO2 and N2O, and 0.0192 kg/ft³
for CH4 at 60 [deg]F and 14.7 psia.
* * * * *
(z) * * *
(2) * * *
(iii) * * *
* * * * *
Ea,CO2 = Contribution of annual CO2 emissions
from portable or stationary fuel combustion sources in cubic feet,
under actual conditions.
* * * * *
(vi) * * *
* * * * *
HHV = For the higher heating value for field gas or process vent
gas, use 1.235 x 10^-\3\ mmBtu/scf for HHV.
* * * * *
8. Section 98.236 is amended by:
a. Revising paragraph (c)(5)(ii)(D).
b. Revising paragraph (c)(9) introductory text.
c. Revising paragraph (c)(13)(iii)(C).
d. Revising paragraphs (c)(15)(i)(B), (c)(15)(i)(C), and
(c)(15)(ii)(A).
e. Revising paragraph (c)(17)(v).
The revisions read as follows:

Sec. 98.236 Data reporting requirements.

* * * * *
(c) * * *
* * * * *

[[Page 29952]]

(5) * * *
(ii) * * *
(D) Average internal casing diameter, in inches, for all wells,
where applicable.
* * * * *
(9) For transmission tank emissions identified in Sec. 98.233(k)
from scrubber dump valves report the following:
* * * * *
(13) * * *
(iii)* * *
(C) Report the isolation valve leakage emissions in not operating,
depressurized mode in metric tons of CO2e for each gas(refer
to Equation W-23 and Equation W-24 of Sec. 98.233).
* * * * *
(15) * * *
(i) * * *
(B) For onshore natural gas processing, range of concentrations of
CH4 and CO2 (refer to Equation W-30A of Sec.
98.233).
(C) Annual CO2 and CH4 emissions in metric
tons CO2e for each gas (refer to Equation W-30A of Sec.
98.233), by component type.
(ii) * * *
(A) For source categories Sec. 98.230(a)(5), (a)(6), and (a)(7),
total count for each component type in Tables W-4, W-5, and W-6 of this
subpart for which there is a population emission factor, listed by
major heading and component type.
* * * * *
(17) * * *
(v) For each EOR pump, report annual CO2 emissions,
expressed in metric tons CO2e for each gas.
* * * * *
9. Table A-1A of Subpart W of part 98 is revised to read as
follows:

Table W-1A of Subpart W--Default Whole Gas Emission Factors for Onshore
Petroleum and Natural Gas Production
------------------------------------------------------------------------
Emission factor
Onshore petroleum and natural gas production (scf/hour/
component)
------------------------------------------------------------------------
Eastern U.S.

Population Emission Factors--All Components, Gas Service \1\
------------------------------------------------------------------------
Valve............................................... 0.027
Connector........................................... 0.003
Open-ended Line..................................... 0.061
Pressure Relief Valve............................... 0.040
Low Continuous Bleed Pneumatic Device Vents \2\..... 1.39
High Continuous Bleed Pneumatic Device Vents \2\.... 37.3
Intermittent Bleed Pneumatic Device Vents \2\....... 13.5
Pneumatic Pumps \3\................................. 13.3
------------------------------------------------------------------------
Population Emission Factors--All Components, Light Crude Service \4\
------------------------------------------------------------------------
Valve............................................... 0.05
Flange.............................................. 0.003
Connector........................................... 0.007
Open-ended Line..................................... 0.05
Pump................................................ 0.01
Other \5\........................................... 0.30
------------------------------------------------------------------------
Population Emission Factors--All Components, Heavy Crude Service \6\
------------------------------------------------------------------------
Valve............................................... 0.0005
Flange.............................................. 0.0009
Connector (other)................................... 0.0003
Open-ended Line..................................... 0.006
Other \5\........................................... 0.003
------------------------------------------------------------------------
Western U.S.

Population Emission Factors--All Components, Gas Service \1\
------------------------------------------------------------------------
Valve............................................... 0.121
Connector........................................... 0.017
Open-ended Line..................................... 0.031
Pressure Relief Valve............................... 0.193
Low Continuous Bleed Pneumatic Device Vents \2\..... 1.39
High Continuous Bleed Pneumatic Device Vents \2\.... 37.3
Intermittent Bleed Pneumatic Device Vents \2\....... 13.5
Pneumatic Pumps \3\................................. 13.3
------------------------------------------------------------------------
Population Emission Factors--All Components, Light Crude Service \4\
------------------------------------------------------------------------
Valve............................................... 0.05
Flange.............................................. 0.003
Connector (other)................................... 0.007
Open-ended Line..................................... 0.05
Pump................................................ 0.01
Other \5\........................................... 0.30
------------------------------------------------------------------------

[[Page 29953]]

Population Emission Factors--All Components, Heavy Crude Service \6\
------------------------------------------------------------------------
Valve............................................... 0.0005
Flange.............................................. 0.0009
Connector (other)................................... 0.0003
Open-ended Line..................................... 0.006
Other \5\........................................... 0.003
------------------------------------------------------------------------
\1\ For multi-phase flow that includes gas, use the gas service
emissions factors.
\2\ Emission Factor is in units of ``scf/hour/device.''
\3\ Emission Factor is in units of ``scf/hour/pump.''
\4\ Hydrocarbon liquids greater than or equal to 20 [deg]API are
considered ``light crude.''
\5\ ``Others'' category includes instruments, loading arms, pressure
relief valves, stuffing boxes, compressor seals, dump lever arms, and
vents.
\6\ Hydrocarbon liquids less than 20 [deg]API are considered ``heavy
crude.''

10. Table W-5 to Subpart W of part 98 is amended by revising the
entry for ``Vapor Recovery Compressor'' to read as follows:

Table W-5 of Subpart W--Default Methane Emission Factors for Liquefied
Natural Gas (LNG) Storage
------------------------------------------------------------------------
Emission factor
LNG storage (scf/hour/
component)
------------------------------------------------------------------------

* * * * * * *
Vapor Recovery Compressor \2\...................... 4.17

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

Subpart TT--[Amended]

11. Section 98.460 is amended by adding paragraph (c)(2)(xiii) to
read as follows:

Sec. 98.460 Definition of Source Category.

* * * * *
(c) * * *
(2) * * *
(xiii) Other waste material that has a DOC value of 0.3 weight
percent (on a wet basis) or less. DOC value must be determined using a
60-day anaerobic biodegradation test procedure identified in
98.464(b)(4)(i)(A).
[FR Doc. 2012-12193 Filed 5-18-12; 8:45 am]
BILLING CODE 6560-50-P

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