Greenhouse Gas Reporting Program: Addition of Global Warming Potentials, 44332-44352 [2014-17963]

Download as PDF wreier-aviles on DSK5TPTVN1PROD with PROPOSALS 44332 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Proposed Rules Tribal officials: The term ‘‘tribal officials’’ means elected or duly appointed officials of Indian tribal governments. (c) Requests for trees, portions of trees, or forest products made under this section must be submitted to the local Forest Service District Ranger’s Office(s) in writing. Requests may be made: (1) Directly by a tribal official(s) who has been authorized by the Indian tribe to make such requests; or (2) By providing a copy of a formal resolution approved by the tribal council or other governing body of the Indian tribe. (d) Requests for trees, portions of trees, and forest products made under this section must be directed to the appropriate Forest Service District Ranger(s)’ Office from which the items are being requested. Tribal officials are encouraged to explain their requests to the Regional Forester or designated Forest Officer, and if necessary, how the request fits a noncommercial traditional and cultural purpose. When two or more National Forests are involved, all of the involved Forest Service District Ranger’s Offices should be notified of the requests made on other forests. (e) Agency Line Officers and managers (who have been authorized by name through official Forest Service correspondence) are authorized to provide trees, portions of trees, and forest products under this section subject to the following limitations: (1) District Rangers and Forest Officers may provide material not exceeding $25,000 in value in any one fiscal year to an Indian tribe; (2) Forest Supervisors may provide material not exceeding $50,000 in value in any one fiscal year to an Indian tribe; (3) Regional Foresters may provide material not exceeding $100,000 in value in any one fiscal year to an Indian tribe; and (4) The Chief of the Forest Service may provide material exceeding $100,000 in value to an Indian tribe. (f) A request for trees, portions of trees, or forest products under this section may be conditioned or denied for reasons including, but not limited to the following: (1) Protecting public health and safety; (2) Preventing interference with Forest Service and/or commercial operations; (3) Complying with Federal and State laws and regulations; (4) Ensuring sustainability; or (5) Otherwise protecting National Forest System land and resources. (g) All decisions made under this section must comply with the National VerDate Mar<15>2010 14:55 Jul 30, 2014 Jkt 232001 Forest Management Act, relevant land management plans, the National Environmental Policy Act, the Endangered Species Act, and all other applicable laws and regulations. Dated: July 23, 2014. Thomas L. Tidwell, Chief, Forest Service. [FR Doc. 2014–18021 Filed 7–29–14; 11:15 am] BILLING CODE 3411–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 98 [EPA–HQ–OAR–2009–0927; FRL–9913–03– OAR] RIN 2060–AS28 Greenhouse Gas Reporting Program: Addition of Global Warming Potentials Environmental Protection Agency. ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to add chemical-specific and default global warming potentials (GWPs) for a number of fluorinated greenhouse gases (GHGs) and fluorinated heat transfer fluids (HTFs) to the general provisions of the Greenhouse Gas Reporting Rule. Currently, these fluorinated GHGs and HTFs are not assigned GWPs under the rule. The proposed changes would increase the completeness and accuracy of the carbon dioxide (CO2)-equivalent emissions calculated and reported by suppliers and emitters of fluorinated GHGs and HTFs. In addition, the EPA is proposing conforming changes to the provisions for the Electronics Manufacturing and Fluorinated Gas Production source categories. DATES: Comments must be received on or before September 2, 2014, unless a hearing is requested. If a hearing is requested, comments must be received on or before September 15, 2014. 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 August 7, 2014. Upon such request, the EPA will hold the hearing on August 15, 2014, in the Washington, DC area. The EPA will provide further information about the hearing on the Greenhouse Gas Reporting Program Web site, https:// www.epa.gov/climatechange/emissions/ ghgrulemaking.html if a hearing is requested. SUMMARY: PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 You may submit your comments, identified by Docket ID No. EPA–HQ–OAR–2009–0927, by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Email: A-and-R-Docket@epa.gov. Include Docket ID No. EPA–HQ–OAR– 2009–0927 in the subject line of the message. • Fax: (202) 566–9744. • Mail: Environmental Protection Agency, EPA Docket Center (EPA/DC), Mailcode 28221T, Attention Docket ID No. EPA–HQ–OAR–2009–0927, 1200 Pennsylvania Avenue NW., Washington, DC 20460. • Hand/Courier Delivery: EPA Docket Center, Room 3334, EPA WJC West Building, 1301 Constitution Avenue NW., Washington, DC 20004. Such deliveries are accepted only during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2009– 0927, Addition of Global Warming Potentials. 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. For information that you claim to be CBI in a disk or CD– ROM that you mail to the EPA, mark the outside of the disk or CD–ROM as CBI and then identify electronically within the disk or CD–ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. Send or deliver information claimed as CBI to only the mail or hand/courier delivery address listed above, attention: Docket ID No. EPA–HQ–OAR–2009– 0927. 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 ADDRESSES: E:\FR\FM\31JYP1.SGM 31JYP1 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Proposed Rules 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 be free of special characters, any form of encryption, and 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, WJC 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: GHGReporting@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 44333 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. 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 emitters and suppliers of fluorinated greenhouse gases (GHGs). Regulated categories and examples of affected entities include those listed in Table 1 of this preamble: SUPPLEMENTARY INFORMATION: TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY Category NAICS Electrical Equipment Use ............................ Electrical Equipment Manufacture or Refurbishment. Electronics Manufacturing ........................... Fluorinated Gas Production ........................ Importers and Exporters of Pre-charged Equipment and Closed-Cell Foams. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Magnesium Production ............................... 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 VerDate Mar<15>2010 14:55 Jul 30, 2014 Jkt 232001 Examples of affected facilities 221121 33531 334111 334413 334419 334419 325120 423730 Electric bulk power transmission and control facilities. Power transmission and distribution switchgear and specialty transformers manufacturing facilities. Microcomputers manufacturing facilities. Semiconductor, photovoltaic (solid-state) device manufacturing facilities. Liquid Crystal Display (LCD) unit screens manufacturing facilities. Micro-electro-mechanical systems (MEMS) manufacturing facilities. Industrial gases manufacturing facilities. Air-conditioning equipment (except room units) merchant wholesalers. 333415 336391 423620 443111 423730 326150 335313 423610 331419 Air-conditioning equipment (except motor vehicle) manufacturing. Motor vehicle air-conditioning manufacturing. Air-conditioners, room, merchant wholesalers. Household appliance stores. Automotive air-conditioners merchant wholesalers. Polyurethane foam products manufacturing. Circuit breakers, power, manufacturing. Circuit breakers merchant wholesalers. Primary refiners of nonferrous metals by electrolytic methods. part 98, subpart A or the relevant criteria in subparts I, L, T, DD, SS, OO, and QQ. 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. AR4 PO 00000 Fourth Assessment Report Frm 00016 Fmt 4702 Sfmt 4702 AR5 Fifth Assessment Report BAMM Best available monitoring methods CAA Clean Air Act CBI Confidential business information CFC Chlorofluorocarbon CFR Code of Federal Regulations CO2 Carbon dioxide CO2e CO2-equivalent e-GGRT Electronic Greenhouse Gas Reporting Tool EPA U.S. Environmental Protection Agency E:\FR\FM\31JYP1.SGM 31JYP1 44334 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Proposed Rules FLIGHT Facility Level Information on Greenhouse Gases Tool FR Federal Register GHG Greenhouse gas GHGRP Greenhouse Gas Reporting Program GWP Global warming potential HCFC Hydrochlorofluorocarbon HCFE Hydrochlorofluoroether HFC Hydrofluorocarbon HFE Hydrofluoroether HTF heat transfer fluid IPCC Intergovernmental Panel on Climate Change LCD Liquid crystal display MEMS Micro-electro-mechanical systems MtCO2e Metric tons carbon dioxide equivalent N2O Nitrous oxide NAICS North American Industry Classification System NF3 Nitrogen trifluoride NODA Notice of data availability NTTAA National Technology Transfer and Advancement Act OMB Office of Management and Budget PFC Perfluorocarbon RFA Regulatory Flexibility Act RY Reporting year SAR Second Assessment Report SF6 Sulfur hexafluoride SIP State implementation plan PSD Prevention of significant deterioration UMRA Mandates Reform Act of 1995 UNFCCC United Nations Framework Convention on Climate Change WWW Worldwide Web wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Table of Contents I. Background A. How is this preamble organized? B. Background on the GHG Reporting Rule C. Legal Authority D. When would these amendments apply? II. Proposed Amendments A. Summary of Proposed Amendments B. Background on GHGRP GWPs C. Today’s Proposed Rule D. Relationship Between This Proposed Rule and Proposed Amendments to Subpart L E. Relationship Between This Proposed Rule and Default GWP in Subpart I F. Calculation of Differences and Changes in CO2e Quantities Under Subpart I and Subpart L G. Relationship Between This Proposed Rule and Permitting Requirements 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 VerDate Mar<15>2010 14:55 Jul 30, 2014 Jkt 232001 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 background information regarding the Greenhouse Gas Reporting Program (GHGRP) and information on when the amendments would become effective if finalized. This section also discusses the EPA’s use of our legal authority under the Clean Air Act (CAA) to collect data under the Greenhouse Gas Reporting Rule at 40 CFR part 98, hereinafter referred to as the ‘‘GHG Reporting Rule’’ or ‘‘Part 98.’’ The second section of this preamble describes in detail the changes that we are proposing, presents the EPA’s rationale for the proposed changes, and identifies issues on which the EPA is particularly interested in receiving public comments. Finally, the third section of the preamble discusses the various statutory and executive order requirements applicable to this proposed rulemaking. B. Background on the GHG Reporting Rule The GHG Reporting Rule was published in the Federal Register on October 30, 2009 (74 FR 56260). Part 98 became effective on December 29, 2009, and requires reporting of GHGs from certain facilities and suppliers. The October 30, 2009 final rule established reporting requirements for 28 categories of GHG emitters and suppliers, including Suppliers of Industrial Greenhouse Gases (including producers, importers, and exporters of fluorinated GHGs), subpart OO. A notice finalizing reporting requirements for Magnesium Production, subpart T, was published on July 12, 2010 (75 FR 39736). A notice finalizing reporting requirements for the following categories was published on December 1, 2010 (75 FR 74774): Electronics Manufacturing, subpart I; Fluorinated Gas Production, subpart L; Electrical Transmission and Distribution Equipment Use, subpart DD; Importers and Exporters of Fluorinated Greenhouse Gases Contained in PreCharged Equipment or Closed-Cell Foams, subpart QQ; and Electrical Equipment Manufacture or Refurbishment, subpart SS. C. Legal Authority The EPA is proposing these rule amendments under its existing CAA authority provided in CAA section 114. PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 As stated in the preamble to the 2009 final rule (74 FR 56260), CAA section 114 provides the EPA broad authority to require the information addressed in this proposed rule because such data would inform and are relevant to the EPA’s carrying out a wide variety of CAA provisions. D. When would these amendments apply? The EPA anticipates publishing a final rule based on this proposal in time for the final rule to be effective for the reporting of data gathered in 2014 (i.e., Reporting Year 2014), which must be reported to the EPA by March 31, 2015. II. Proposed Amendments A. Summary of Proposed Amendments The EPA is proposing to amend Table A–1 to subpart A of 40 CFR part 98 (Table A–1), the compendium of GWPs used to calculate carbon-dioxide equivalents (CO2e) under the GHGRP, to add chemical-specific GWPs for 103 fluorinated GHGs. The proposed chemical-specific GWPs are primarily drawn from the Fifth Assessment Report (AR5) published by the Intergovernmental Panel on Climate Change (IPCC) in 2013, which is discussed further in Section II.B. of this preamble.1 The EPA is also proposing to amend Table A–1 to add default GWPs for fluorinated GHGs and fluorinated HTFs for which peer-reviewed GWPs are not available. These default GWPs would be calculated and assigned based on fluorinated GHG group and would be based on the chemical-specific GWPs for the compounds in Table A–1 as it would be amended under today’s proposal. In addition, as discussed further in sections II.D. and II.E. of this preamble, we are proposing conforming changes to subparts I and L, which include their own default GWPs for purposes of certain CO2e calculations. This amendment would generally not affect the GWPs of the GHGs currently included in Table A–1.2 As discussed further in Section III.B of this preamble, we do not anticipate that finalizing the GWPs proposed in this action would 1 IPCC, 2013: Climate Change 2013: The Physical Science Basis. Contribution of Working Group I to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Stocker, T.F., D. Qin, G.K. Plattner, M. Tignor, S.K. Allen, J. Boschung, A. Nauels, Y. Xia, V. Bex and P.M. Midgley (eds.)]. Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA, 1535 pp. 2 The sole exception is the GWP for sevoflurane, which is proposed to be amended here because a GWP for this chemical is available in AR5 but was not included in previous IPCC Assessment Reports. E:\FR\FM\31JYP1.SGM 31JYP1 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Proposed Rules expand the set of facilities required to report under the Greenhouse Gas Reporting Rule. However, to allow for the possibility that some facilities or suppliers could become newly subject to one or more subparts of part 98 due to the addition of the GWPs, we are proposing special provisions for these facilities regarding the timing of reporting and the use of best available monitoring methods (BAMM). Except in the case of subpart L, which is discussed in Section II.D. of this preamble, reporters would not be required to resubmit their CO2e emissions for prior years. Instead, for facilities affected by this rulemaking, we would recalculate CO2e emissions for Reporting Years (RY) 2010–2013 and publish them in our Facility Level Information on Greenhouse Gases Tool (FLIGHT) using the most recent and comprehensive GWPs in Table A–1. This is the same approach that we finalized in the final rule entitled ‘‘2013 Revisions to the Greenhouse Gas Reporting Rule and Final Confidentiality Determinations for New or Substantially Revised Data Elements’’ (78 FR 71904, November 29, 2013; hereinafter referred to as ‘‘final 2013 Revisions Rule’’), except that this recalculation would occur in 2015 rather than 2014. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS B. Background on GHGRP GWPs Table A–1 is a compendium of GWP values of certain GHGs that are required to be reported under one or more subparts of the Greenhouse Gas Reporting Rule. These GWPs are used to convert tons of chemical into tons of CO2-equivalent (CO2e) for purposes of various calculations and reporting under the rule. As indicated in the Federal Register notice for the final Part 98 (74 FR 56348), it is the EPA’s intent to periodically update Table A–1 as GWPs are evaluated or reevaluated by the scientific community. This will provide a more accurate and complete account of the atmospheric impacts of GHG emissions and supplies. GWPs that have been newly evaluated or reevaluated in the peer-reviewed scientific literature are periodically consolidated and published by the IPCC. The initial Table A–1 finalized in the 2009 Greenhouse Gas Reporting Rule included GWP values from the Second Assessment Report (SAR) and, for gases that were not included in SAR, from the Fourth Assessment Report 3 3 IPCC Fourth Assessment Report (AR4), 2007. Climate Change 2007: The Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change [Core Writing Team, Pachauri, VerDate Mar<15>2010 14:55 Jul 30, 2014 Jkt 232001 (hereinafter referred to as ‘‘IPCC AR4’’ or ‘‘AR4’’). (In addition, Table A–1 included a GWP for one fluorinated GHG that had been published in the peer-reviewed literature but not an IPCC report, the GWP for sevoflurane.) 4 The IPCC recently published AR5, which contains GWPs for a number of fluorinated GHGs that were not included in either SAR or AR4. The scope of the fluorinated compounds reported under the GHGRP is established by the definition of ‘‘fluorinated GHG’’ at 40 CFR 98.6 (and, for subpart I, ‘‘fluorinated HTF’’ at 40 CFR 98.98), rather than by inclusion in Table A–1. The EPA therefore receives reports of emissions and supplies for a number of fluorinated compounds that have not had GWPs included in Table A–1.5 At present, these supplies, and a large fraction of these emissions, are assigned a GWP of zero for purposes of GHGRP calculations and reporting, including threshold determinations.6 1. Recent Actions Related to GHGRP GWPs The EPA has recently undertaken several efforts to improve the quality and completeness of the GWPs used to calculate and report emissions under the GHGRP. On November 29, 2013, we published the final 2013 Revisions Rule. That rule amended Table A–1 to update the GWPs for GHGs included in AR4 to the AR4 values. The revisions improved the quality of reported CO2e emissions and supply by reflecting improved scientific understanding (since the publication of SAR) of the radiative forcing and atmospheric lifetimes of the GHGs that have GWPs in AR4. In addition, for those GHGs, the revisions ensured comparability of data collected in the GHGRP to the Inventory of U.S. Greenhouse Gas Emissions and Sinks R.K and Reisinger, A. (eds.)]. IPCC, Geneva, Switzerland, 104 pp. 4 Langbein, T., H. Sonntag, D. Trapp, A. ¨ ¨ Hoffmann, W. Malms, E.-P. Roth, V. Mors and R. Zellner (1999). ‘‘Volatile anaesthetics and the atmosphere: atmospheric lifetimes and atmospheric effects of halothane, enflurane, isoflurane, desflurane and sevoflurane.’’ British Journal of Anaesthetics 82 (1): 66–73, discussed in the Technical Support Document for Industrial Gas Supply: Production, Transformation, and Destruction of Fluorinated GHGs and N2O, Office of Air and Radiation, USEPA, February 6, 2009. 5 Such reports have been received under subparts I, L, OO, and QQ. 6 For most subparts, including subparts I, OO, and QQ, reporters are required to report CO2e only for fluorinated GHGs listed in Table A–1. Subpart I includes a default GWP of 2,000 for purposes of various calculations (but not reporting) as discussed in section II.E. of this preamble. Subpart L includes default GWPs of 2,000 and 10,000 for purposes of both calculations and reporting. Under the amendments to subpart L discussed below, these two default GWPs would be replaced by five default GWPs. PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 44335 that the EPA compiles annually to meet international commitments under the United Nations Framework Convention on Climate Change (UNFCCC). Countries that submit GHG inventories under the UNFCCC have decided to use AR4 GWPs for the GHGs that have AR4 GWPs, beginning with the inventories submitted in 2015.7 In the proposed 2013 Revisions Rule, we proposed to adopt GWPs for 26 additional fluorinated GHGs not included in Table A–1 or AR4. The EPA received comments on the proposed 2013 Revisions Rule stating that we should not include GWPs in Table A– 1 for compounds that are not included in an IPCC report or peer reviewed. We did not include these GWPs in the final 2013 Revisions Rule because we agreed with commenters that we needed additional time to evaluate our approach to assigning GWPs for compounds not included in AR4. In the preamble to the final rule, we noted that we might address these compounds in a separate future action. On April 5, 2013, we published a Notice of Data Availability (NODA) (78 FR 20632) regarding another 43 fluorinated GHGs and HTFs whose GWPs were not included in Table A–1.8 The NODA announced to the public the following: (1) The availability of estimated GWPs for eight of these compounds, as well as data and analysis submitted in support of these values, and (2) the availability of approximate GWPs and/or chemical structure information for another 35 compounds, for whose GWPs we did not possess supporting data and analysis. We requested and received comment on this information. On November 18, 2013, we proposed amendments to subpart L, Fluorinated Gas Production, that included an amendment to establish within subpart L a new set of default GWPs by fluorinated GHG group for the emissions calculated and reported under that subpart (78 FR 69337; hereinafter referred to as ‘‘proposed amendments to subpart L’’). The proposed set of five default GWPs would replace the current 7 As discussed in the notices for the proposed and final 2013 Revisions Rule, the IPCC publishes Scientific Assessment Reports, including updated and expanded sets of GWPs, approximately every six years. The countries that submit annual GHG inventories under the UNFCCC update the GWPs that they use for those inventories less frequently. For example, the GWPs from the IPCC SAR have been used for UNFCCC reporting for over a decade. 8 We had not included these compounds in the proposed 2013 Revisions Rule because documentation for GWPs for these compounds was limited at the time that the proposal was being prepared. We subsequently received more documentation from the compounds’ manufacturers. E:\FR\FM\31JYP1.SGM 31JYP1 44336 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Proposed Rules set of two default GWPs in subpart L that are applied to fluorinated GHGs that are not included in Table A–1, which would increase the precision and accuracy of calculated CO2e emissions. We requested and received comments on the proposed fluorinated GHG groups and associated default GWPs included in the proposed amendments to subpart L. 2. Summary of Comments Related to Addition of GWPs The EPA received five comments on the NODA and five comments on the proposed 2013 Revisions Rule that were related to the proposed addition of the GWPs for 26 fluorinated GHGs. A detailed summary of and response to all comments received on the proposed 2013 Revisions Rule is provided in the docket for that final rule (EPA–HQ– OAR–2012–0934). We are presenting an overview here because some of those comments have also informed the approach we are proposing under this rule for establishing chemical-specific and default GWPs for additional fluorinated GHGs in Table A–1. We also received three comments on the proposed amendments to subpart L that were related to the proposed addition of GWPs to Table A–1. We discuss those comments in this notice to the extent relevant to the approach we are proposing in this action. Several commenters on the actions noted above supported adding GWPs to Table A–1 for the compounds included in the proposed 2013 Revisions Rule and NODA. Commenters stated that to characterize emissions and trends effectively, it is important for the EPA to use the most recent and accurate GWP values available. Other commenters stated that the EPA should add new GWPs to Table A–1 only after these GWPs have been included in an IPCC Scientific Assessment Report. They argued that GWPs that have been published in IPCC reports are less likely to change over time, and are likely to change less significantly, than GWPs that have been derived through ‘‘a less rigorous scientific process.’’ C. Today’s Proposed Rule wreier-aviles on DSK5TPTVN1PROD with PROPOSALS 1. General Approach To Addition of GWPs to Table A–1 As noted in the final 2013 Revisions Rule, the EPA intends to weigh multiple considerations in updating the set of GWPs used under the GHGRP. These include the accuracy of the GWPs, the consistency of those GWPs with the GWPs used in other national and international programs, the predictability and stability of the GWPs, VerDate Mar<15>2010 14:55 Jul 30, 2014 Jkt 232001 the source of the GWPs, and the impacts of those GWPs on other regulatory programs. We are weighing these considerations for this proposed rule as we did in developing the final 2013 Revisions Rule. However, there is an important difference between the two rules. In the final 2013 Revisions Rule, we weighed these considerations primarily in the context of updating the GWPs for GHGs that were already listed in Table A–1. In this proposed rule, we are weighing these considerations in the context of proposing to add GWPs for GHGs that are not presently included in Table A–1. For such GHGs, the improvement in accuracy associated with listing a GWP in Table A–1 is likely to be large, because the alternative is generally to continue to assign these GHGs a GWP of zero for purposes of the calculations and reporting under the GHGRP. Moreover, such GHGs are not included in AR4; thus, using GWPs from other sources does not introduce inconsistencies for purposes of UNFCCC reporting. The EPA is proposing to add chemical-specific and default GWPs to Table A–1 to balance and carry out the goals listed above as efficiently and effectively as possible. For the chemicalspecific GWPs that would be added to Table A–1, we are proposing to rely on AR5 and, in one case, on AR4. For the default GWPs, we are proposing to rely on GWPs from AR5 and AR4, supplemented by consideration of atmospheric lifetimes and radiative efficiencies from the peer-reviewed literature. a. General Approach to ChemicalSpecific GWPs For the fluorinated GHGs that do not have GWPs listed in AR4, but that do have GWPs listed in AR5, we are proposing through this action to adopt the chemical-specific GWPs in AR5. This approach would ensure that, for this set of GHGs, the GWPs used by the GHGRP would be consistent with the most recent international scientific consensus. As discussed above, in the final 2013 Revisions Rule, we adopted AR4 GWPs for the GHGs that were included in AR4. We noted that where reporting under the UNFCCC is linked to an older report (e.g., AR4 for the GHGs with GWPs listed in AR4), use of the GWPs from a newer report would introduce inconsistencies between the GWPs used in the GHGRP and those used in the U.S. Inventory of Greenhouse Gas Emissions and Sinks. However, where UNFCCC reporting is not linked to an older report, such inconsistencies are not a concern. In fact, adopting the AR5 GWPs would PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 facilitate U.S. reporting under the UNFCCC Reporting Guidelines, which state: ‘‘Annex I Parties are strongly encouraged to also report emissions and removals of additional GHGs, such as hydrofluoroethers (HFEs), perfluoropolyethers (PFPEs), and other gases for which 100-year global warming potential values are available from the IPCC but have not yet been adopted by the [Conference of the Parties to the UNFCCC].’’ 9 To list chemical-specific GWPs on Table A–1, the EPA believes that it is appropriate to require that these GWPs have been published in a peer-reviewed scientific journal. This helps to ensure that the data and methods used to evaluate the GWPs are consistent with current scientific good practice and thereby helps to ensure that the resulting GWPs are accurate. The EPA acknowledges that, in some cases, this will prevent the listing of GWPs that have not been published in the peerreviewed literature but that may nevertheless be reasonably accurate. For example, eight of the GWPs discussed in the NODA and 11 of the GWPs that we proposed in the proposed 2013 Revisions Rule were supported by some data and analysis; however, we are not proposing these GWPs in this action because they have not been published in the peer-reviewed literature. We consider it important to adopt a clear, widely accepted criterion of scientific acceptance for including chemicalspecific GWPs on Table A–1, which is intended to serve as the compendium of chemical-specific GWPs for the GHGRP. We believe that publication in a peerreviewed scientific journal meets this standard. The chief concern raised by requiring that chemical-specific GWPs on Table A–1 be peer-reviewed is that omission of a GWP that may be somewhat inaccurate could lead to the use of an effective GWP (zero) that is known to be very inaccurate. We believe that concern is addressed by the proposed establishment of default GWPs, discussed below. Our proposal to adopt GWPs from a newer IPCC Assessment Report (AR5) for compounds not listed in the older IPCC Assessment Report required for UNFCCC reporting (AR4) is consistent with the approach we took in the original Table A–1. At the time we created the original Table A–1, the IPCC had already issued AR4, but the UNFCCC reporting guidelines required 9 Guidelines for the preparation of national communications by Parties included in Annex I to the Convention, Part I:UNFCCC reporting guidelines on annual greenhouse gas inventories, FCCC/CP/2013/10/Add.3. E:\FR\FM\31JYP1.SGM 31JYP1 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Proposed Rules use of the GWPs in the IPCC SAR for compounds listed in that report. As discussed above, the original Table A– 1 included GWPs from the SAR for the GHGs that had GWPs in the SAR and GWPs from AR4 for the GHGs that did not have GWPs in the SAR but did in AR4 (e.g., NF3). This ensured that the chemical-specific GWPs were both consistent with those used for UNFCCC reporting and as accurate and complete as practicable. Table A–1 also included a peer-reviewed GWP for a GHG that did not have a GWP in either the SAR or AR4 (sevoflurane). While we are not proposing in this action to add chemical-specific GWPs for GHGs that do not have a GWP in either of the most recent assessment reports, we may propose such additions in a future action. b. General Approach To Default GWPs Even with the addition of the AR5 GWPs, a significant share of the fluorinated GHG and HTF emissions and supplies reported under the GHGRP would not have chemical-specific GWPs included in Table A–1. We are proposing default GWPs to ensure that the atmospheric impacts of these fluorinated GHGs and HTFs are reflected in facility calculations and CO2e emissions totals. Otherwise, an effective GWP of zero would continue to underestimate the atmospheric impacts of the fluorinated GHGs or HTFs emitted or supplied, which could lead to a significant underestimate of facility CO2e emissions as a whole. Such underestimates lead to inconsistencies between facilities and industries in terms of the completeness of the CO2e emissions calculated and reported. It is important for the EPA to assign GWPs to all GHGs in order to understand the potential impact of certain sectors and facilities, compare emissions, and provide consistency and transparency with respect to emissions across the program. In addition to these benefits, establishing default GWPs would increase the long-term stability and predictability of the GWPs used under the GHGRP. As chemical-specific GWPs for GHGs were developed, peer reviewed, and added to Table A–1, the 44337 change from each default GWP to the chemical-specific GWP would likely be considerably smaller than the change from zero to the chemical-specific GWP. This would greatly reduce the magnitude of any future revisions to or inconsistencies in the time series of CO2e emissions. At the same time, having a default GWP for each GHG may allow the EPA to update Table A–1 less frequently because the default would reduce the error in CO2e estimates that presently arises from not having a chemical-specific GWP for that GHG on Table A–1. 2. Addition of Chemical-Specific GWPs for 103 Compounds and Update of GWP for Sevoflurane We are proposing to amend Table A– 1 to Subpart A of Part 98 to add peerreviewed GWPs for the 103 compounds listed in Table 2 of this preamble. To reflect the latest scientific consensus regarding fluorinated GHGs that do not have GWPs in AR4, we are proposing to adopt the GWPs provided for 102 of these 103 compounds in Table 8.A.1 of AR5.10 TABLE 2—CHEMICAL-SPECIFIC GWPS PROPOSED FOR ADDITION TO TABLE A–1 Common or trade name Chemical name(s) CAS No. Chemical formula AR5 GWP (100 year) Saturated HFCs HFC-227ca ............................ HFC-245cb ............................ HFC-245ea ............................ HFC-245eb ............................ HFC-263fb ............................. HFC-272ca ............................ HFC-329p .............................. 1,1,1,2,2,3,3-Heptafluoropropane ........................ 1,1,1,2,2-Pentafluoropropane .............................. 1,1,2,3,3-Pentafluoropropane .............................. 1,1,1,2,3-Pentafluoropropane .............................. 1,1,1-Trifluoropropane ......................................... 2,2-Difluoropropane ............................................. 1,1,1,2,2,3,3,4,4-Nonafluorobutane ..................... 2252–84–8 1814–88–6 24270–66–4 431–31–2 421–07–8 420–45–1 375–17–7 CF3CF2CHF2 ....................................................... CF3CF2CH3 .......................................................... CHF2CHFCHF2 .................................................... CH2FCHFCF3 ...................................................... CH3CH2CF3 ......................................................... CH3CF2CH3 ......................................................... CHF2CF2CF2CF3 ................................................. 2640 4620 235 290 76 144 2360 C7F16; CF3(CF2)5CF3 ........................................... C8F18; CF3(CF2)6CF3 ........................................... Z-C10F18 ............................................................... E-C10F18 ............................................................... 7820 7620 7240 6290 690–22–2 22052–81–9 73287–23–7 485399–46–0 CF3OCH2CH3 ...................................................... CF3CF2OCH2CH3 ................................................ CH3OCF2CF2OCH3 ............................................. CH3O(CF2CF2O)2CH3 .......................................... 29 58 222 236 485399–48–2 CH3O(CF2CF2O)3CH3 .......................................... 221 359–15–9 425–87–6 22052–86–4 920979–28–8 CH3OCHF2 .......................................................... CH3OCF2CHFCl .................................................. CF3CF2CF2OCH2CH3 .......................................... C12H5F19O2 .......................................................... 144 122 61 56 380–34–7 460–22–0 CF3CHFCF2OCH2CH3 ......................................... CH3OCH2F .......................................................... 23 13 Saturated PFCs PFC-6-1-12 ........................... PFC-7-1-18 ........................... Hexadecafluoroheptane ...................................... Octadecafluorooctane ......................................... Perfluorodecalin (cis) ........................................... Perfluorodecalin (trans) ....................................... 335–57–9 307–34–6 60433–11–6 60433–12–7 Saturated HFEs Partially Segregated HFEs HFE-263m1; R-E-143a ......... HFE-365mcf2 ........................ HG’-01 ................................... HG’-02 ................................... wreier-aviles on DSK5TPTVN1PROD with PROPOSALS HG’-03 ................................... 1,1,2,2-Tetrafluoro-1-(trifluoromethoxy)ethane .... 1-Ethoxy-1,1,2,2,2-pentafluoroethane ................. 1,1,2,2-Tetrafluoro-1,2-dimethoxyethane ............ 1,1,2,2-Tetrafluoro-1-methoxy-2-(1,1,2,2tetrafluoro-2-methoxyethoxy)ethane. 3,3,4,4,6,6,7,7,9,9,10,10-Dodecafluoro-2,5,8,11tetraoxadodecane. Difluoro(methoxy)methane .................................. 2-Chloro-1,1,2-trifluoro-1-methoxyethane ........... 1-Ethoxy-1,1,2,2,3,3,3-heptafluoropropane ......... 2-Ethoxy-3,3,4,4,5-pentafluorotetrahydro-2,5-bis [1,2,2,2-tetrafluoro-1-(trifluoromethyl)ethyl]furan. 1-Ethoxy-1,1,2,3,3,3-hexafluoropropane ............. Fluoro(methoxy)methane .................................... 10 The EPA had previously proposed GWPs for 15 of these compounds in the proposed 2013 Revisions Rule, but since that rule was proposed, updated GWPs for these 15 compounds have been published in AR5. The other 11 compounds for which we VerDate Mar<15>2010 14:55 Jul 30, 2014 Jkt 232001 proposed GWPs in the proposed 2013 Revisions Rule have not had GWPs published in the peerreviewed literature; under this proposed rule, these compounds would be assigned default GWPs. A table specifying these chemicals and showing the PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 default GWPs that would be assigned to them (as well as the chemicals whose cited GWPs were listed in the NODA) is available in the docket for this rulemaking. E:\FR\FM\31JYP1.SGM 31JYP1 44338 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Proposed Rules TABLE 2—CHEMICAL-SPECIFIC GWPS PROPOSED FOR ADDITION TO TABLE A–1—Continued Common or trade name Chemical name(s) CAS No. 1,1,2,2-Tetrafluoro-3-methoxy-propane; 2,2,3,3-tetrafluoropropyl ether. Methyl Chemical formula 60598–17–6 AR5 GWP (100 year) CHF2CF2CH2OCH3 .............................................. 0.49 13838–16–9 CHF2OCF2CHFCl ................................................ 583 32778–11–3 428454–68–6 CHF2OCF2CHF2 .................................................. CF3CFHCF2OCF3 ................................................ 4240 4550 28523–86–6 (CF3)2CHOCHF2 .................................................. 216 333–36–8 205367–61–9 CF3CH2OCH2CF3 ................................................ HF2C-(OCF2CF2)2-OCF2H ................................... 17 2730 173350–37–3 HF2C-(OCF2CF2)3-OCF2H ................................... 2850 249932–25–0 HF2C-(OCF2)2-OCF2H ......................................... 5300 249932–26–1 HF2C-OCF2CF2OCF2OCF2O-CF2H ..................... 3890 188690–77–9 HF2C-(OCF2)3-OCF2H ......................................... 7330 3330–15–2 CF3CF2CF2OCHFCF3 .......................................... 6490 205367–61–9 HCF2O(CF2CF2O)2CF2H ..................................... 4920 173350–37–3 HCF2O(CF2CF2O)3CF2H ..................................... 4490 173350–38–4 HCF2O(CF2CF2O)4CF2H ..................................... 3630 84011–06–3 37031–31–5 2261–01–0 461–63–2 462–51–1 CHF2CHFOCF3 ................................................... CH2FOCF2CF2H .................................................. CH2FOCF3 ........................................................... CH2FOCHF2 ........................................................ CH2FOCH2F ........................................................ 1240 871 751 617 130 Non-Segregated HFEs HCFE-235ca2; enflurane ...... HFE-236ca ............................ HFE-329me3 ......................... HFE-347mmz1; Sevoflurane HFE-356mff2 ......................... HG-02 .................................... HG-03 .................................... HG-20 .................................... HG-21 .................................... HG-30 .................................... 2-Chloro-1-(difluoromethoxy)-1,1,2trifluoroethane. 1-(Difluoromethoxy)-1,1,2,2-tetrafluoroethane .... 1,1,1,2,3,3-Hexafluoro-3(trifluoromethoxy)propane. 2-(Difluoromethoxy)-1,1,1,3,3,3hexafluoropropane. bis(2,2,2-trifluoroethyl) ether ............................... 1-(Difluoromethoxy)-2-(2-(difluoromethoxy)1,1,2,2-tetrafluoroethoxy)-1,1,2,2tetrafluoroethane. 1,1,3,3,4,4,6,6,7,7,9,9,10,10,12,12Hexadecafluoro-2,5,8,11-tetraoxadodecane. (Difluoromethoxy)((difluoromethoxy) difluoromethoxy) difluoromethane. 1,1,3,3,5,5,7,7,8,8,10,10-Dodecafluoro-2,4,6,9tetraoxadecane. 1,1,3,3,5,5,7,7,9,9-Decafluoro-2,4,6,8tetraoxanonane. 1,1,1,2,2,3,3-Heptafluoro-3-(1,2,2,2tetrafluoroethoxy)-propane. 1,1’-Oxybis[2-(difluoromethoxy)-1,1,2,2tetrafluoroethane. 1,1,3,3,4,4,6,6,7,7,9,9,10,10,12,12hexadecafluoro-2,5,8,11-Tetraoxadodecane. 1,1,3,3,4,4,6,6,7,7,9,9,10,10,12,12,13,13,15,15eicosafluoro-2,5,8,11,14Pentaoxapentadecane. 1,1,2-Trifluoro-2-(trifluoromethoxy)-ethane .......... 1,1,2,2-Tetrafluoro-1-(fluoromethoxy)ethane ....... Trifluoro (fluoromethoxy) methane ...................... Difluoro(fluoromethoxy)methane ......................... Fluoro (fluoromethoxy) methane ......................... Unsaturated Compounds Unsaturated HFCs and Unsaturated HCFCs HFC-1132a; VF2 ................... HFC-1141; VF ....................... (E)-HFC-1225ye .................... (Z)-HFC-1225ye .................... Solstice 1233zd(E) ................ vinylidiene fluoride ............................................... vinyl fluoride ........................................................ (E)-1,2,3,3,3-Pentafluoroprop-1-ene ................... (Z)-1,2,3,3,3-Pentafluoroprop-1-ene .................... trans-1-chloro-3,3,3-trifluoroprop-1-ene .............. 75–38–7 75–02–5 5595–10–8 5528–43–8 102687–65–0 HFC-1234yf; HFO-1234yf ..... HFC-1234ze(E) ..................... HFC-1234ze(Z) ..................... HFC-1243zf; TFP .................. 2,3,3,3-Tetrafluoroprop-1-ene ............................. (E)-1,3,3,3-Tetrafluoroprop-1-ene ....................... (Z)-1,3,3,3-Tetrafluoroprop-1-ene ........................ trifluoro propene (TFP); 3,3,3-Trifluoroprop-1ene. (Z)-1,1,1,4,4,4-Hexafluorobut-2-ene .................... 3,3,4,4,4-Pentafluorobut-1-ene ............................ perfluorobutyl ethene (42-U); 3,3,4,4,5,5,6,6,6Nonafluorohex-1-ene. perfluorohexyl ethene (62-U); 3,3,4,4,5,5,6,6,7,7,8,8,8-Tridecafluorooct-1ene. perfluorooctyl ethene (82-U); 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10Heptadecafluorodec-1-ene. (Z)-HFC-1336 ........................ HFO–1345zfc ........................ Capstone 42-U ...................... Capstone 62-U ...................... Capstone 82-U ...................... 0.04 0.02 0.06 0.22 1.34 754–12–1 1645–83–6 29118–25–0 677–21–4 C2H2F2, CF2=CH2 ................................................ C2H3F, CH2=CHF ................................................ CF3CF=CHF(E) ................................................... CF3CF=CHF(Z) .................................................... C3H2ClF3; ............................................................. CHCl=CHCF3 ....................................................... C3H2F4; CF3CF=CH2 ........................................... C3H22F4; cis-CF3CH=CHF .................................. C3H2F4; trans-CF3CH=CHF; CF3CH=CHF(Z) ..... C3H3F3,CF3CH=CH2 ............................................ 692–49–9 374–27–6 19430–93–4 CF3CH=CHCF3(Z) ............................................... C2F5CH=CH2 ....................................................... C6H3F9,CF3(CF2) 3CH=CH2 ................................. 1.58 0.09 0.16 25291–17–2 C8H3F13,CF3(CF2)5CH=CH2 ................................. 0.11 21652–58–4 C10H3F17,CF3(CF2)7CH=CH2 ............................... 0.09 CF2=CF2; C2F4 .................................................... C3F6; CF3CF=CF2 ................................................ c-C5F8 .................................................................. CF3CF=CFCF3 ..................................................... CF3CF2CF=CF2 ................................................... CF2=CFCF=CF2 .................................................. 0.004 0.05 1.97 1.82 0.10 0.003 0.31 0.97 0.29 0.12 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Unsaturated PFCs PFC-1114; TFE ..................... PFC-1216; Dyneon HFP ....... PFC C-1418 .......................... tetrafluoroethylene (TFE); Perfluoroethene ......... hexafluoropropylene (HFP); Perfluoropropene ... Perfluorocyclopentene; Octafluorocyclopentene Perfluorobut-2-ene ............................................... Perfluorobut-1-ene ............................................... Perfluorobuta-1,3-diene ....................................... 116–14–3 116–15–4 559–40–0 360–89–4 357–26–6 685–63–2 Unsaturated Halogenated Ethers PMVE; HFE-216 ................... Fluoroxene ............................ VerDate Mar<15>2010 perfluoromethyl vinyl ether (PMVE) .................... (2,2,2-Trifluoroethoxy) ethene ............................. 14:55 Jul 30, 2014 Jkt 232001 PO 00000 Frm 00021 Fmt 4702 1187–93–5 406–90–6 Sfmt 4702 CF3OCF = CF2 ..................................................... CF3CH2OCH=CH2 ............................................... E:\FR\FM\31JYP1.SGM 31JYP1 0.17 0.05 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Proposed Rules 44339 TABLE 2—CHEMICAL-SPECIFIC GWPS PROPOSED FOR ADDITION TO TABLE A–1—Continued Common or trade name Chemical name(s) CAS No. Chemical formula AR5 GWP (100 year) Other Short-Lived Compounds Ketones Novec 1230 ........................... FK–5–1–12 Perfluoroketone; FK–5–1–12myy2; perfluoro(2-methyl-3-pentanone). CF3CF2C(O)CF (CF3)2 ........................................ 0.1 CF3CH2CHO ........................................................ 0.01 185689–57–0 2240–88–2 755–02–2 CF3(CF2)4CH2CH2OH .......................................... CF3CH2CH2OH .................................................... CF3(CF2)6CH2CH2OH .......................................... 0.43 0.35 0.33 87017–97–8 CF3(CF2)8CH2CH2OH .......................................... 0.19 756–13–8 Fluorinated Aldehydes 3,3,3-Trifluoro-propanal ....................................... 460–40–2 Fluorotelomer Alcohols 3,3,4,4,5,5,6,6,7,7,7-Undecafluoroheptan-1-ol .... 3,3,3-Trifluoropropan-1-ol .................................... 3,3,4,4,5,5,6,6,7,7,8,8,9,9,9Pentadecafluorononan-1-ol. 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,11Nonadecafluoroundecan-1-ol. Compounds including one or more carbon-iodine bonds Trifluoroiodomethane ........................................... 2314–97–8 CF3I ..................................................................... a 0.4 HCOOCF3 ............................................................ HCOOCF2CF3 ..................................................... HCOOCHFCF3 .................................................... HCOOCF2CF2CF2CF3 ......................................... HCOOCF2CF2CF3 ............................................... HCOOCH(CF3)2 ................................................... CBr2F2 ................................................................. (CF3)2CHOH ........................................................ FCOOCH3 ............................................................ CF3COOCH3 ........................................................ CHBrClCF3 .......................................................... C3F7CH2OH ........................................................ HCOOCH2CF3 ..................................................... CF3COOCF2CH3 ................................................. CF3COOCHF2 ..................................................... FCOOCF2CH3 ..................................................... CF3CH2OH .......................................................... CF3CF2CH2OH .................................................... CF3CHFCF2CH2OH ............................................. HCOOCH2CH2CF3 .............................................. CF3CF2CF2CH2OH .............................................. CHF2CF2CH2OH .................................................. CF3COOCH2CF3 ................................................. HCF2COOCH3 ..................................................... CHF2CH2OH ....................................................... CH3COOCF2CF3 ................................................. CH3COOCF3 ........................................................ CH3COOCF2CF2CF3 ........................................... CH3COOCF2CF2CF2CF3 ..................................... CF3COOCH2CH3 ................................................. CH2FCH2OH ........................................................ CF3(CH2) 2CH2OH ............................................... 588 580 470 392 376 333 231 182 95 52 41 34 33 31 27 27 20 19 17 17 16 13 7 3 3 2.1 2.0 1.8 1.6 1.3 1.1 0.05 Other Compounds Halon 1202 ............................ Halon-2311; Halothane ......... Trifluoromethyl formate ....................................... Perfluoroethyl formate ......................................... 1,2,2,2-Tetrafluoroethyl formate .......................... Perfluorobutyl formate ......................................... Perfluoropropyl formate ....................................... 1,1,1,3,3,3-Hexafluoropropan-2-yl formate ......... Dibromodifluoromethane ..................................... 1,1,1,3,3,3-Hexafluoropropan-2-ol ....................... Methyl carbonofluoridate ..................................... Methyl 2,2,2-trifluoroacetate ................................ 2-Bromo-2-chloro-1,1,1-trifluoroethane ............... 2,2,3,3,4,4,4-Heptafluorobutan-1-ol ..................... 2,2,2-Trifluoroethyl formate ................................. 1,1-Difluoroethyl 2,2,2-trifluoroacetate ................ Difluoromethyl 2,2,2-trifluoroacetate ................... 1,1-Difluoroethyl carbonofluoridate ..................... 2,2,2-Trifluoroethanol .......................................... 2,2,3,3,3-Pentafluoropropan-1-ol ......................... 2,2,3,4,4,4-Hexafluoro-1-butanol ......................... 3,3,3-Trifluoropropyl formate ............................... 2,2,3,3,4,4,4-Heptafluoro-1-butanol ..................... 2,2,3,3-Tetrafluoro-1-propanol ............................. 2,2,2-Trifluoroethyl 2,2,2-trifluoroacetate ............ Methyl 2,2-difluoroacetate ................................... 2,2-Difluoroethanol .............................................. Perfluoroethyl acetate ......................................... Trifluoromethyl acetate ........................................ Perfluoropropyl acetate ....................................... Perfluorobutyl acetate ......................................... Ethyl 2,2,2-trifluoroacetate .................................. 2-Fluoroethanol ................................................... 4,4,4-Trifluorobutan-1-ol ...................................... 85358–65–2 313064–40–3 481631–19–0 197218–56–7 271257–42–2 856766–70–6 75–61–6 920–66–1 1538–06–3 431–47–0 151–67–7 375–01–9 32042–38–9 1344118–13–3 2024–86–4 1344118–11–1 75–89–8 422–05–9 382–31–0 1344118–09–7 375–01–9 76–37–9 407–38–5 433–53–4 359–13–7 343269–97–6 74123–20–9 1344118–10–0 209597–28–4 383–63–1 371–62–0 461–18–7 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS aAR4. In their compilation of the GWPs available in the scientific peer-reviewed literature for fluorinated GHGs, the authors of AR5 relied on the article ‘‘Global Warming Potentials and Radiative Efficiencies of Halocarbons and Related Compounds: A Comprehensive Review’’ (hereinafter referred to as the ‘‘Comprehensive Review’’).11 The Comprehensive Review 11 Hodnebrog, ;., M. Etminan, J.S. Fuglestvedt, G. Marston, G. Myhre, C.J. Nielsen, K.P. Shine, and T.J. Wallington. ‘‘Global Warming Potentials and Radiative Efficiencies of Halocarbons and Related Compounds: A Comprehensive Review,’’ Reviews VerDate Mar<15>2010 14:55 Jul 30, 2014 Jkt 232001 refined and adjusted the GWPs that had been previously published for the fluorinated GHGs, for example updating them to reflect the most recent consensus absolute global warming potential of CO2, to which all other GWPs are indexed. One set of adjustments is of particular interest for the 13 short-lived compounds for which the EPA previously proposed to add GWPs in the proposed 2013 Revisions Rule. These are adjustments to the radiative efficiencies of short-lived of Geophysics, Accepted manuscript online: 24 April 2013. PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 compounds to better account for the fact that such compounds are not well mixed in the atmosphere. As discussed in the proposed 2013 Revisions Rule, GWPs estimated for short-lived compounds are often based on the assumption that the compounds are well mixed in the atmosphere, and this assumption can lead to overestimated GWPs.12 This expectation was 12 However, as noted in the proposed 2013 Revisions Rule, the absolute error (i.e., error in total CO2e) associated with this overestimate is expected to be small when the GWP itself is small, which is E:\FR\FM\31JYP1.SGM Continued 31JYP1 44340 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Proposed Rules confirmed by the adjustments made in the Comprehensive Review, which significantly lowered the estimated GWPs of the short-lived compounds compared to those that were proposed in the proposed 2013 Revisions Rule. The GWPs for short-lived compounds that we are proposing to adopt from AR5 reflect these adjustments. AR5 expresses the GWPs of many short-lived compounds as ‘‘<1.’’ To allow calculations of CO2e, which require a point estimate of each compound’s GWP, we have calculated more precise GWPs for these compounds based on the radiative efficiencies and atmospheric lifetimes provided for the compounds in AR5. Table 2 of this preamble lists the precise GWPs. We are also considering the option of assigning a GWP of ‘‘1’’ to these compounds. While using a GWP of 1 would lead to an overestimate of CO2e emissions, this overestimate would be extremely small in most cases, and using a GWP of 1 would simplify calculations. We specifically request comment on whether we should assign the precise GWP (e.g., 0.12 for trifluoropropene) or ‘‘1’’ in these cases. The Supplementary Material to Chapter 8 of AR5 (Table 8.SM.16) includes another set of GWPs for the GHGs included in Table 8.A.1. These GWPs have been adjusted to reflect feedback mechanisms that increase the GWPs by between 10 and 22 percent, depending on the atmospheric lifetime of the GHG. Because the GWPs included in AR4 (and earlier IPCC Scientific Assessment Reports) did not include this adjustment, we are not proposing to adopt the set of GWPs in AR5 that includes it. This will retain as much comparability as practicable among the GWPs used in the GHGRP, given our interest in remaining consistent with the GWPs used for UNFCCC reporting (i.e., the AR4 GWPs for the GHGs with GWPs in AR4). For one fluorinated GHG, trifluoroiodomethane (CF3I), we are proposing to add a chemical-specific GWP from AR4. This GWP is 0.4. (There is no GWP for trifluoroiodomethane in AR5.) The GWP for trifluoroiodomethane was inadvertently omitted from earlier versions of Table A–1. We are also proposing to update the GWP of sevoflurane, a hydrofluoroether that is used as an anesthetic. As noted above, the GWP for sevoflurane that is currently in Table A–1 (345) is based on a 1999 paper from the peer-reviewed literature because no IPCC report (including AR4) had included a GWP for sevoflurane when Part 98 was first promulgated. In today’s action, we are proposing to adopt the GWP provided for sevoflurane in AR5 (216), which is more accurate and reflects the current international scientific consensus. To make Table A–1 easier to use while accommodating the additional chemical-specific GWPs, we are proposing to reorganize the chemicalspecific GWPs on Table A–1 by fluorinated GHG group and/or subgroup. These fluorinated GHG groups and subgroups are the same as those discussed as the basis for the proposed default GWPs in section II.C.3. of this preamble. The reorganized Table A–1 appears in the proposed regulatory text. 3. Addition of Default GWPs for Fluorinated GHGs That Do Not Have Chemical-Specific GWPs on Table A–1 The EPA is proposing eight default GWP values based on fluorinated GHG group. These default GWPs would be added to Table A–1 and would apply to fluorinated GHGs and HTFs not otherwise listed on Table A–1. The proposed fluorinated GHG groups are: (1) Fully fluorinated GHGs and HTFs, (2) saturated hydrofluorocarbons (HFCs), (3) partially segregated saturated HFEs and hydrochlorofluoroethers (HCFEs), (4) non-segregated saturated HFEs and HCFEs, (5) unsaturated perfluorocarbons (PFCs), unsaturated HFCs, unsaturated hydrochlorofluorocarbons (HCFCs), unsaturated ethers, unsaturated halogenated esters, and fluorinated ketones, (6) fluorotelomer alcohols, (7) fluorinated GHGs with carbon-iodine bonds, and (8) other GHGs and HTFs. For each fluorinated GHG group, we are basing the proposed default GWPs on the average of the chemical-specific GWPs of chemicals that belong to that group and that are either on Table A– 1 or are proposed to be added to Table A–1 under this proposed rule. The proposed fluorinated GHG groups and associated GWPs are listed in Table 3 of this preamble. TABLE 3—DEFAULT GWPS PROPOSED FOR ADDITION TO TABLE A–1 Proposed GWP (100-year) Fluorinated GHG group wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Fully fluorinated GHGs .................................................................................................................................................................. Saturated hydrofluorocarbons (HFCs) ........................................................................................................................................... Partially segregated saturated HFEs and HCFEs ......................................................................................................................... Non-segregated saturated HFEs and HCFEs ............................................................................................................................... Unsaturated PFCs, unsaturated HFCs, unsaturated HCFCs, unsaturated halogenated ethers, unsaturated halogenated esters, fluorinated aldehydes, and fluorinated ketones ............................................................................................................. Fluorotelomer alcohols .................................................................................................................................................................. Fluorinated GHGs with carbon-iodine bond(s) .............................................................................................................................. Other fluorinated GHGs ................................................................................................................................................................. a. Fluorinated GHG Groups The fluorinated GHG groups are based primarily on chemical structure, which is correlated with atmospheric lifetime and GWP. Thus, within each group, GWPs fall into a relatively limited range, and among the groups, GWPs vary significantly. This permits default GWPs to be established with more precision than is possible with larger or more diverse sets of fluorinated GHGs. In proposing these groups, the EPA has taken into consideration the comments received on the default GWPs that were proposed for purposes of reporting emissions under subpart L. We proposed five fluorinated GHG groups and associated default GWPs in 14:55 Jul 30, 2014 Jkt 232001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 1 1 1 110 the proposed amendments to subpart L, including (1) fully fluorinated GHGs and HTFs, (2) saturated HFCs, (3) saturated HFEs and saturated HCFEs, (4) unsaturated PFCs, unsaturated HFCs, unsaturated HCFCs, unsaturated HFEs, and fluorinated ketones, and (5) other GHGs and HTFs. Commenters requested that we split the third group, expand the generally the case for GHGs with atmospheric lifetimes of a few days or weeks (78 FR 19813). VerDate Mar<15>2010 10,000 2,200 200 2,400 E:\FR\FM\31JYP1.SGM 31JYP1 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Proposed Rules fourth group, and add two additional groups, fluorotelomer alcohols and fluorinated GHGs with carbon-iodine bonds, to increase the precision and accuracy of the default GWPs applied to the chemicals in these groups. The commenters stated that five types of chemicals, including unsaturated fluorinated ethers, unsaturated halogenated esters, fluorinated aldehydes, fluorotelomer alcohols, and fluorinated GHGs with carbon-iodine bonds, would have been assigned GWPs that were too high if they had remained in the ‘‘Other’’ category. They further stated that two types of saturated HFEs and HCFEs would have been assigned GWPs that were, on average, either too high (for partially segregated saturated HFEs and HCFEs) or too low (for nonsegregated saturated HFEs and HCFEs). We agree with these comments and are consequently including the suggested additional fluorinated GHG groups and associated default GWPs in this proposed rule.13 We are also revising the group of unsaturated compounds to include unsaturated fluorinated ethers, unsaturated halogenated esters, and fluorinated aldehydes. The definitions and characteristics of each fluorinated GHG group are discussed below: Fully fluorinated GHGs. Fully fluorinated GHGs are fluorinated GHGs that contain only single bonds and in which all available valence locations are filled by fluorine atoms. This group includes but is not limited to saturated perfluorocarbons; SF5CF3; fully fluorinated linear, branched and cyclic alkanes; fully fluorinated ethers; fully fluorinated tertiary amines; fully fluorinated aminoethers; and perfluoropolyethers. As discussed further below, for purposes of establishing a default GWP, we are proposing to exclude NF3 and SF6 from the group as we did in the proposed amendments to subpart L. The remaining fully fluorinated GHGs for which data are available have lifetimes of over 500 to several thousand years and GWPs of 6,290 to 17,700. Saturated hydrofluorocarbons. This group would include HFCs that contain only single bonds (i.e., hydrofluoroalkanes such as HFC–134a). Saturated HFCs have lifetimes from 0.3 years to 270 years and GWPs from 12 to 14,800. The average GWP of saturated HFCs is approximately 2,200, the default GWP that we would assign to this group. Because the range of 13 The analysis supporting the proposed default GWPs, ‘‘Revised Analysis of Potential Default GWPs for Fluorinated GHGs Reported Under the GHGRP,’’ is available in Docket EPA–HQ–OAR–2009–0927. VerDate Mar<15>2010 14:55 Jul 30, 2014 Jkt 232001 lifetimes and GWPs spanned by the saturated HFCs is quite large, we are also considering the option of establishing two default GWPs for HFCs: One for shorter-lived HFCs and one for longer-lived HFCs. This would provide more precise information regarding the atmospheric behavior of each group. For example, the average GWP of the saturated HFCs with atmospheric lifetimes above 20 years is approximately 5,700, while the average GWP of the saturated HFCs with atmospheric lifetimes below 20 years is approximately 600. However, the drawback of establishing default GWPs by atmospheric lifetime is that it requires reporters to know the atmospheric lifetimes of the HFCs to which the default GWPs would be applied. This information is not likely to be available for many HFCs that are not on Table A–1. The EPA specifically requests comment on the option of establishing different GWPs for shortand longer-lived HFCs. We also request comment on the option of establishing GWPs for HFCs based on the number of carbon-hydrogen bonds in the molecule, an option discussed in more detail for HFEs below and in ‘‘Analysis of Atmospheric Lifetimes, Radiative Efficiencies, and Global Warming Potentials of Saturated Hydrofluoroethers by Number of Carbon-Hydrogen and Carbon-Fluorine Bonds,’’ (available in Docket EPA–HQ– OAR–2009–0927), which includes an analysis of the relationship between the number of carbon-hydrogen bonds and GWPs in HFCs. Non-segregated saturated HFEs and HCFEs. This group would include HFEs and HCFEs that contain only single bonds and include fluorine substitutes on all alkyl groups (e.g., HFE–134). This group and the partially segregated saturated HFEs and HCFEs, discussed below, are based on chemical structure and break the set of saturated HFEs and HCFEs into two smaller sets with relatively limited ranges of atmospheric lifetimes and GWPs. HFEs and HCFEs in this category have atmospheric lifetimes ranging from less than 1 year to 136 years and GWPs ranging from 11 to 14,900. Although there is a significant difference between the highest and lowest GWPs in this group, most compounds in the group have GWPs of more than 500. The average GWP of the group is 2,400, the default GWP that we would assign to this group. Partially segregated saturated HFEs and HCFEs. This group would include HFEs and HCFEs that contain only single bonds as well as at least one fully hydrogenated alkyl group with no fluorine or chlorine substitutes (e.g., PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 44341 HFE–356mm1). HFEs and HCFEs in this category have atmospheric lifetimes from a few weeks to 5.2 years and GWPs from 0.5 to 756. Most compounds in this category have GWPs below 500. The average GWP of the group is 200, the default GWP that we would assign to this group. A 2008 study suggested that the number of carbon-hydrogen (C–H) bonds in saturated HFEs was a better predictor of their atmospheric lifetimes, and therefore GWPs, than whether the HFEs were non-segregated or partially segregated.14 Based on our analysis, dividing the set of HFEs and HCFEs into two or more groups based on the number of C–H bonds could increase the accuracy and precision of the associated default GWPs compared to dividing the HFEs and HCFEs into the non-segregated and partially segregated groups.15 We specifically request comment on the option of basing default GWPs for HFEs and HCFEs on the number of C–H bonds in the molecule. Unsaturated PFCs, unsaturated HFCs, unsaturated HCFCs, unsaturated halogenated ethers, unsaturated halogenated esters, fluorinated aldehydes, and fluorinated ketones. This group would include very shortlived compounds including unsaturated PFCs (e.g., hexafluoropropylene and tetrafluoroethylene), unsaturated HFCs (e.g., HFC–1234yf and perfluorobutyl ethene), unsaturated HCFCs, unsaturated halogenated ethers (e.g., fluoroxene), unsaturated halogenated esters, fluorinated aldehydes, and fluorinated ketones. These GHGs have lifetimes of a few days to weeks. The average GWPs of the subgroups, where they have been evaluated, range from 0.01 to 0.7. The average GWP for the group is 0.4, but we are proposing to assign a default GWP of one to simplify calculations. Using a default GWP of one would lead to an overestimate of CO2e emissions, but this overestimate would be extremely small in most cases. We specifically request comment on this approach. While multiple studies have indicated that unsaturated PFCs and unsaturated HFCs have low GWPs, fewer studies have evaluated GWPs for unsaturated HCFCs, unsaturated fluorinated ethers, fluorinated aldehydes, and fluorinated 14 Blowers, P., D.M. Moline, K.F. Tetrault, R.R. Wheeler, and S.L. Tuchawena. 2008. Global Warming Potentials of Hydrofluoroethers. Environ. Sci. Technol. 42, 1301–1307. 15 ‘‘Analysis of Atmospheric Lifetimes, Radiative Efficiencies, and Global Warming Potentials of Saturated Hydrofluoroethers by Number of CarbonHydrogen and Carbon-Fluorine Bonds,’’ available in Docket EPA–HQ–OAR–2009–0927. E:\FR\FM\31JYP1.SGM 31JYP1 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS 44342 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Proposed Rules ketones.16 Thus, the GWPs of these subgroups are less certain. The EPA specifically requests comment on the likely variability of the lifetimes and GWPs of unsaturated HCFCs, unsaturated fluorinated ethers, fluorinated aldehydes, and fluorinated ketones and on whether or not these compounds should be included in the very-short-lived group or in the ‘‘Other fluorinated GHG’’ group, discussed below. Although the EPA is not aware of any peer-reviewed studies that have evaluated GWPs for unsaturated fluorinated esters, the atmospheric behavior of saturated fluorinated esters and of other unsaturated compounds indicates that unsaturated fluorinated esters are likely to have low GWPs. The fluorinated esters with GWPs in AR5 (including the fluorinated acetates and formates) have GWPs ranging from 2 to 588, which is significantly lower than the ranges of GWPs for saturated HFCs and PFCs, respectively. This implies that the unsaturated esters are likely to have GWPs that are comparable to or lower than the GWPs of the unsaturated HFCs and PFCs. However, we are specifically requesting comment on whether this line of reasoning justifies the inclusion of unsaturated fluorinated esters in the same group as unsaturated HFCs and PFCs, to which we are proposing to assign a default GWP of one. The alternative group would be the ‘‘Other Fluorinated GHG’’ group, to which we are proposing to assign a default GWP of 110. Fluorotelomer alcohols. This group includes saturated fluorinated compounds with the chemical formula CnF2n+1CH2CH2OH. Fluorotelomer alcohols have atmospheric lifetimes ranging from 2 to 3 weeks and GWPs ranging from 0.2 to 0.4. Their average GWP is 0.3. We are proposing a default GWP of one for this group; however, as for the unsaturated compounds discussed above, we particularly request comment on assigning a GWP equal to the average GWP of the group. Fluorinated GHGs with carbon-iodine bonds. Fluorinated GHGs with carboniodine bonds have very short atmospheric lifetimes. AR4 included an atmospheric lifetime of 2 days and a GWP of 0.4 for one member of this group, CF3I. Peer-reviewed studies on 16 However, at least one study found that a number of fluorinated ketones and fluorinated aldehydes had brief atmospheric lifetimes (several days) (Derwent, R.G. 1995. ‘‘Sources, Distributions, and Fates of VOCs in the Atmosphere.’’ Issues in Environmental Science and Technology, 4. pp 1– 16.) All the fluorinated GHGs that have GWPs in AR5 and that have atmospheric lifetimes of less than two weeks have GWPs of less than one. VerDate Mar<15>2010 14:55 Jul 30, 2014 Jkt 232001 other members of this group have found similarly brief atmospheric lifetimes but have not assigned GWPs. We are proposing a default GWP of one for this group. Other fluorinated GHGs. This group includes the fluorinated GHGs that do not fall into any of the seven sets defined above. To ensure that the gas groups are both distinct (i.e., do not overlap) and comprehensive (i.e., cover all fluorinated GHGs), this gas group is a catch-all for any remaining fluorinated GHGs. Based on the list of compounds and GWPs included in AR5, the EPA’s understanding is that this group would consist of saturated fluorinated acetates, saturated fluorinated formates, carbonofluoridates, and fluorinated alcohols (other than fluorotelomer alcohols) with lifetimes ranging from a few weeks to a few years and GWPs ranging from less than 5 to the hundreds. The EPA specifically requests comment on which chemicals would fall into this group and on their atmospheric lifetimes and GWPs. We are proposing a default GWP of 110 for this group. b. Calculation of Default GWPs For each group, we have taken the average GWP of the group, rounding it to one or two significant figures.17 For example, to determine the default GWP for fully fluorinated GHGs, we determined the average GWP of all fully fluorinated fluorocarbons in either Table A–1 or, for compounds not included in Table A–1, in AR5. The average GWP for the fully fluorinated fluorocarbons is equal to 9,857. This provided the default GWP of 10,000 for fully fluorinated compounds. This approach is expected to result in an unbiased estimate of the GWP of each fluorinated GHG group because, at the present time, the GWPs of the fluorinated GHGs on Table A–1 are not 17 The number of significant figures to which the average GWPs were rounded depended on the relative and absolute errors associated with that number of significant figures. In general, GWPs were rounded to two significant figures when the average GWP was greater than 100, reflecting uncertainties in the average of a few percent. One exception was the rounded average GWP for fully fluorinated fluorocarbons, which was rounded to one significant figure (10,000) rather than two (9,900) because the uncertainty associated with the second figure (i.e., ±100) is only about one percent of the average GWP for the group. Rounding the average for the fully fluorinated fluorocarbons to the nearest 100 (9,900) would understate the uncertainty associated with the default and result in a less robust default that would be more sensitive to small changes in the set of GWPs used to calculate the default. GWPs of less than one were rounded to one decimal place because, for the affected gases, the absolute error in CO2e emissions that is associated with this rounding is expected to be small. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 expected to be any lower or higher, on average, than the GWPs of the fluorinated GHGs that are not on Table A–1. However, for the ‘‘Other fluorinated GHGs’’ group, which is a ‘‘catch-all’’ category for fluorinated GHGs that do not fit into any other group, it is possible that newly synthesized types of compounds could have GWPs significantly different from the GWPs of the types of compounds that are currently in the group. Given this uncertainty, we are specifically requesting comment on an alternative option. This option would be to adopt a default GWP for this group based on the average of the GWPs of all fluorinated GHGs (i.e., 2000). This would recognize that the uncertainty associated with the GWPs of newly synthesized compound types may exceed that associated with the GWPs of the compound types currently identified as belonging to the ‘‘other fluorinated GHGs’’ group. However, while adopting a GWP of 2000 would decrease the likelihood of underestimating the GWPs of new types of compounds, it would significantly overestimate the GWPs of the compound types that have been identified to date as belonging to this group. The EPA also requests comment on the sets of chemicals selected as the bases for the default GWPs. First, we are specifically requesting comment on the fluorinated GHG groups proposed here. Do they capture most of the variability in GWPs exhibited by fluorinated GHGs? If not, please explain (1) what alternative fluorinated GHG groups would capture this variability, and (2) whether facilities could easily determine to which fluorinated GHG group a particular fluorinated compound belonged. Second, we are requesting comment on the individual chemicals whose GWPs are used to establish GWPs for each fluorinated GHG group. We are specifically interested in comments on how to treat compounds with relatively high or low GWPs for their groups (i.e., outliers). Within the group of fully fluorinated GHGs, relatively high GWPs are generally a consequence of a compound’s radiative efficiency (or, more precisely, the ratio of the compound’s radiative efficiency to its molecular weight), which is in turn influenced by the compound’s inclusion of bonds other than C–F bonds (e.g., S–F or N–F bonds in SF6, SF5CF3, and NF3) or by a cyclic structure (as for c-C3F6). Within the other fluorinated GHG groups, relatively high-GWP compounds are those that are relatively long-lived, such as HFC–23 among the saturated HFCs and HFE–125 and HFE– E:\FR\FM\31JYP1.SGM 31JYP1 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Proposed Rules 134 among the saturated HFEs, while relatively low-GWP compounds are those that are short-lived, such as HFC– 152a among the saturated HFCs. To develop the proposed defaults, we have included outliers where we could not rule out the possibility that such outliers may also occur among the fluorinated GHGs whose GWPs we wish to estimate through the use of defaults. Thus, to estimate the default GWP for fully fluorinated GHGs, the EPA did not include SF6 or NF3, because the definition of ‘‘fluorinated GHG’’ does not include any other compounds whose radiatively important bonds consist exclusively of S–F or N–F bonds. However, we did include SF5CF3, because the definition of ‘‘fluorinated GHG’’ does include fluorocarbons, which may include S–F and N–F bonds in addition to C–F bonds. We also included cyclic fluorinated GHGs for the same reason. An analysis of how the default GWPs change based on the inclusion or exclusion of outliers is included in the docket for this rulemaking. For fully fluorinated GHGs, the inclusion of SF6 and NF3 would increase the default from 10,000 to 11,000, while the exclusion of c-C3F6 and SF5CF3 (numerical outliers) would decrease the default to 9,000. We are also specifically requesting comment on whether fluorinated GHGs that contain chlorine should be included in the ‘‘other fluorinated GHG’’ group or in the fluorinated GHG groups in which chemically similar fluorinated GHGs that do not contain chlorine are included. While most chlorine-containing GHGs are regulated under the EPA’s Stratospheric Ozone Protection Regulations at 40 CFR part 82, subpart A and are therefore excluded from the definition of ‘‘fluorinated GHG’’ under the GHG Reporting Rule (and the requirements of subpart L), some chlorine-containing GHGs are included in the definition of ‘‘fluorinated GHG.’’ These include, for example, a few HCFEs and unsaturated HCFCs. In the future, facilities may emit other chlorine-containing fluorinated GHGs (e.g., unsaturated chlorofluorocarbons (CFCs) and unsaturated hydrobromofluorocarbons). In developing the proposed default GWPs, we have included current chlorine-containing fluorinated GHGs in the same groups as similar fluorinated GHGs without chlorine (grouping HCFEs with HFEs and unsaturated HCFCs with unsaturated HFCs), because the atmospheric lifetimes and GWPs of the chlorine-containing compounds are similar to those of the similar compounds without chlorine. The VerDate Mar<15>2010 14:55 Jul 30, 2014 Jkt 232001 alternative would be to include the chlorine-containing compounds in the ‘‘Other fluorinated GHGs’’ group, but this approach would lead to the use of less accurate default GWPs for the chlorine-containing compounds. In addition, we are specifically requesting comment on the option of calculating the default GWPs based on the AR5 GWPs for the chemicals in each group. As discussed above, our preferred approach is to calculate the default GWPs based on the chemicalspecific GWPs that would appear in Table A–1 as amended by this rule, that is, on a combination of AR4 GWPs (for the fluorinated GHGs that have AR4 GWPs) and AR5 GWPs (for the fluorinated GHGs that do not have AR4 GWPs). This approach would provide consistency between the default GWPs and the chemical-specific GWPs on Table A–1. However, for some fluorinated GHGs (e.g., many HFEs), the AR5 GWPs are significantly different from the AR4 GWPs. While it would be inconsistent with UNFCCC reporting guidelines to use AR5 GWPs as the chemical-specific GWPs for fluorinated GHGs that have AR4 GWPs, it would not be inconsistent with UNFCCC guidelines to use those chemicalspecific AR5 GWPs to set defaults. This is because the UNFCCC does not provide guidance regarding which GWPs to use for GHGs that have not had GWPs published in IPCC reports (i.e., the GHGs to which default GWPs would be applied). AR5 reflects the most current scientific understanding of the atmospheric lifetimes and/or radiative behavior of GHGs. Basing defaults on these newly assigned GWPs would increase the accuracy and the long-term robustness of the defaults, particularly for the non-segregated and partially segregated saturated HFE groups. 4. Revised Definition of ‘‘Global Warming Potential’’ We are also proposing to revise the definition of ‘‘global warming potential’’ in subpart A to clarify how chemicalspecific and default GWPs would be selected and applied for purposes of the calculations in Part 98. This clarification states that the chemicalspecific GWPs in Table A–1 would be required to be applied to GHGs that had chemical-specific GWPs listed in Table A–1, while the default GWPs in Table A–1 would be required to be applied to fluorinated GHGs that did not have chemical-specific GWPs listed in Table A–1. This would help to ensure that chemical-specific and default GWPs were applied correctly and consistently in CO2e calculations across Part 98. PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 44343 5. Special Provisions for Facilities and Suppliers That Become Newly Subject to One or More Subparts of Part 98 Due to the Addition of GWPs As discussed further in Section III.B of this preamble, we do not anticipate that finalizing the GWPs proposed in this action would expand the set of facilities required to report under the Greenhouse Gas Reporting rule. However, to allow for the possibility that some facilities or suppliers could become newly subject to one or more subparts of Part 98 due to the addition of the GWPs, we are proposing special provisions for these facilities regarding the timing of reporting and the use of best available monitoring methods (BAMM). These provisions would be identical to the equivalent provisions for facilities and suppliers that became newly subject to one or more subparts due to the update of GWPs in the 2013 Revisions Rule, 40 CFR 98.3(k) and (l). To implement this approach, we are proposing to revise 40 CFR 98.3(k) and (l) to delete most references to particular years and replace these with references based on the year during which the changes to the GWPs are promulgated. D. Relationship Between This Proposed Rule and Proposed Amendments to Subpart L As discussed above, the EPA proposed a set of amendments to subpart L last November that would replace the two existing default GWPs in subpart L with five default GWPs (in a new Table L–1) for the calculations and reporting under that subpart. The EPA intends to finalize the proposed amendments to subpart L in time for reporting in calendar year 2015, which for subpart L reporters will include previously deferred detailed reporting of 2011 through 2013 emissions as well as of 2014 emissions. We also intend to finalize this proposed rule in time for reporting in calendar year 2015, probably after finalizing the amendments to subpart L. This would ensure that the chemical-specific GWPs that would be added under this action, which we did not propose to add under the amendments to subpart L, would apply to subpart L emissions for the entire time series. In addition, while we anticipate that the default GWPs finalized in Table L–1 under the amendments to subpart L would be the same as the default GWPs finalized in Table A–1 under this action, we intend to remove Table L–1 and the references to it when this rule is finalized. After these removals, subpart L would not include any subpart-specific default GWPs. This would simplify subpart L E:\FR\FM\31JYP1.SGM 31JYP1 44344 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Proposed Rules and ensure future as well as current consistency among the default GWPs applied across Part 98. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS E. Relationship Between This Proposed Rule and Default GWP in Subpart I For purposes of certain calculations under subpart I, electronics facilities are required to use a default GWP of 2,000 for fluorinated GHGs for which Table A–1 does not ‘‘define’’ or ‘‘list’’ a GWP value. These calculations include the preliminary calculation of stack system emissions at 40 CFR 98.93(i)(1) and (i)(2), the calculation of the relative standard deviation of stack emission factors at 40 CFR 98.94 (j)(5)(ii)(C), the calculation of the change in annual consumption of fluorinated GHGs at 40 CFR 98.94(j)(8)(i), the calculations of the effective destruction or removal efficiency at 40 CFR 98.96 (Equations I– 26, I–27, and I–28), and the calculation of the approximate percentage of total GHG emissions consisting of emissions from research and development activities at 40 CFR 98.96(x). To clarify that the default GWPs that we are proposing to add to Table A–1 should be used for these calculations rather than the default GWP of 2,000, we are proposing to remove all references to the default GWP of 2,000 from subpart I. This would ensure that the GWPs used for the calculations in subpart I are consistent with those used for all other calculations and reporting under Part 98. F. Calculation of Differences and Changes in CO2e Quantities Under Subpart I and Subpart L Both subpart I and subpart L include calculations that compare CO2e parameters that are measured and/or calculated at different times. For example, under subpart I, facilities using the stack testing method must evaluate whether annual consumption of a fluorinated GHG has changed by more than 10 percent of the total annual fluorinated GHG consumption in CO2e since the most recent emissions test. If it has, then the facility must re-test (40 CFR 98.94(j)(8)(i)). Under subpart L, facilities that plan a change to an operating scenario whose emission factor was measured must estimate and compare the emission calculation factors for the measured and changed scenarios. If the difference exceeds 15 percent, then the facility must re-test (40 CFR 98.124(c)(7)(ii)). For purposes of these and similar calculations, facilities would use, for both the original and the updated parameters, the GWPs that are in the version of Table A–1 in effect at the time of the calculation. This would VerDate Mar<15>2010 14:55 Jul 30, 2014 Jkt 232001 avoid the introduction of differences that are caused by differences in GWPs rather than by changes to production processes. G. Relationship Between This Proposed Rule and GHG Permitting Requirements EPA’s stationary source permitting regulations incorporate Table A–1 to subpart A of 40 CFR part 98 to provide a method for calculating emissions of GHGs (in terms of CO2e) in order to determine whether Prevention of Significant Deterioration (PSD) permitting requirements are applicable to an individual source. See 75 FR 31522, 40 CFR 51.166(b)(48)(ii)(a), 40 CFR 52.21(b)(49)(ii)(a). In the 2013 Revisions Rule, we explained how a change to a GWP relates to PSD permitting (78 FR 71914–71917). For example, we explained that in the case of a final PSD permit that is issued prior to the effective date of a GWP revision, the permit should continue to rely upon the GWPs that were in place at the time of permit issuance for purposes of demonstrating compliance with the conditions of the permit. On June 23, 2014, the U.S. Supreme Court issued its decision in Utility Air Regulatory Group v. EPA (No. 12–1146). The Court said that EPA may not treat greenhouse gases as an air pollutant for purposes of determining whether a source is a major source required to obtain a PSD or title V permit. The Court also said that PSD permits that are otherwise required (based on emissions of conventional pollutants) may continue to require limitations on greenhouse gas emissions based on the application of Best Available Control Technology (BACT). EPA is continuing to examine the implications of the Court’s decision, including how EPA may need to revise its permitting regulations based on the Supreme Court decision. Nevertheless, because the Court decision upheld the PSD BACT requirement for GHGs under specific circumstances, EPA believes it is likely that its revised PSD permitting regulations would continue to incorporate Table A–1 GWPs to calculate CO2e. In the current version of Part 98, Table A–1 assigns chemical-specific GWPs for individual GHG compounds. It contains chemical-specific GWPs for carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, and several HFC and PFC compounds. However, not all HFC and PFC compounds are included in the current version of Table A–1. This proposed rule would add chemical-specific and default GWPs to Table A–1 for the remaining HFCs and PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 PFCs that the current version of Table A–1 does not cover. To the extent that Table A–1 GWPs continue to be used in permitting, as with the 2013 Revisions Rule, adoption of these chemical-specific and default GWPs may automatically apply in some state and local PSD programs, while some state and local agencies may have to engage in an adoption process to incorporate the revised Table A–1 into their program regulations.18 In the 2013 Revisions Rule, EPA noted that some states would need to modify their PSD SIPs programs in order to make the revisions to Table A–1 effective in their permitting programs (78 FR 71916). As a result of the Supreme Court decision issued June 23, 2014, additional revisions to state PSD SIPs and title V programs may be necessary, but EPA has yet to determine the nature of any appropriate revisions to EPA’s federal regulations that establish the minimum requirements for state PSD and title V programs.19 EPA will provide more information on this subject in forthcoming actions by the Agency. To the extent necessary, we will address the procedures for states to adopt the revisions to Table A–1 in any subsequent action addressing that decision, which should allow states to make any necessary regulatory amendments at one time. 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, 18 For PSD, state and local permitting agencies handle the majority of GHG PSD permitting through either EPA-approved state rules, which generally incorporate the requirements from the Tailoring Rule provisions at 40 CFR 51.166 or 52.21, or through a delegation from the EPA in which the state issues PSD permits on behalf of the EPA using 40 CFR 52.21. Through its Regional Offices, the EPA issues PSD permits for areas not covered by an EPA-approved or delegated state permit program using 40 CFR 52.21. 19 Similar to the PSD rules, EPA’s title V permitting regulations have also incorporated Table A–1 to subpart A of 40 CFR part 98 to provide a method for calculating emissions of GHG (in terms of CO2e). See 75 FR 31522, 40 CFR 70.2 (definition of ‘‘subject to regulation’’), 40 CFR 71.2 (same). As for PSD, the 2013 Revisions Rule also explained how a change to a GWP would relate to title V permitting, including in EPA-approved title V permitting programs implemented by state and local permitting authorities. 78 FR 71914–71917. EPA is still evaluating how, if at all, the Table A– 1 GWPs will continue to be used in the title V permitting regulations in light of the Supreme Court’s decision in Utility Air Regulatory Group v. EPA. EPA will provide further information in future actions as appropriate. E:\FR\FM\31JYP1.SGM 31JYP1 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Proposed Rules October 4, 1993) and is therefore not subject to review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011). wreier-aviles on DSK5TPTVN1PROD with PROPOSALS B. Paperwork Reduction Act This action does not increase information collection burden. The proposed addition of GWPs to subpart A is not expected to affect the applicability of the rule. The seven subparts that could potentially be affected include subpart I, subpart L, subpart T, subparts DD and SS, and subparts OO and QQ. Subpart I applicability is determined by a simplified emissions calculation that includes a specific, limited set of fluorinated GHGs, none of whose GWPs would be affected by finalization of this proposed rule. Under subpart L, all fluorinated gas production facilities that emit GHGs whose GWPs are increasing are already believed to be reporting. Similarly, all fluorinated GHG production facilities are already required to report under subpart OO, and all fluorinated GHG importers and exporters of the fluorinated GHGs and HTFs that would be assigned GWPs are already believed to report under subparts OO and QQ. The applicability of subparts DD and SS would not be affected because the thresholds for both subparts are expressed in terms of GHG masses rather than CO2e masses. Any impact on the applicability of subpart T is expected to be negligible, because the fluorinated GHGs that would be assigned default GWPs and that would be reported under that subpart are believed to make up a very small fraction of the CO2-e emissions from covered facilities. The OMB has previously approved the information collection requirements for subparts A, I, L, T, DD, OO, QQ, and SS under 40 CFR part 98 under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned Office of Management and Budget (OMB) control numbers 2060–0629 and 2060–0650. Further information on the EPA’s assessment on the impact on burden can be found in the memorandum, ‘‘Economic Analysis of Adding Chemical-Specific and Default GWPs to Table A–1’’ in docket number EPA–HQ– OAR–2009–0927. 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 VerDate Mar<15>2010 14:55 Jul 30, 2014 Jkt 232001 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 addition of default GWPs to subpart A is not expected to affect the applicability of the rule to small entities. 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 GHGRP and maintains an ‘‘open door’’ policy for stakeholders to help inform the EPA’s understanding of key issues for the industries. We continue to be interested in the potential impacts of the proposed rule on small entities and welcome comments on issues related to such impacts. 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 sections 202 and 205 of the UMRA. This proposed 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. Facilities and suppliers subject to the proposed rule include electronics PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 44345 manufacturers, fluorinated gas producers, magnesium producers and processers, manufacturers and users of electrical equipment, importers and exporters of fluorinated GHGs in bulk, and importers and exporters of precharged equipment and closed-cell foams. None of the facilities currently known to undertake these activities is owned by a small government. 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 would 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). The proposed amendments apply to facilities that directly emit fluorinated GHGs or that are suppliers of fluorinated GHGs. They would not apply to governmental entities unless the governmental entity owns a facility that directly emits fluorinated GHGs above threshold levels (such as a semiconductor manufacturing facility). We are not aware of any governmental entities that would be affected. This regulation also would 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 the original GHG Reporting Rule published on October 30, 2009 and the rule finalizing subparts I, L, DD, QQ, and SS published on December 1, 2010. A summary of the EPA’s consultations with state and local governments is provided in Section VIII.E of the preamble to the 2009 final rule. In the spirit of Executive Order 13132, and consistent with EPA policy to promote communications between the EPA and state and local governments, the EPA specifically solicits comment on this proposed action from state and local officials. E:\FR\FM\31JYP1.SGM 31JYP1 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Proposed Rules F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action would not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). The proposed amendments apply to facilities that directly emit fluorinated GHGs or that are suppliers of fluorinated GHGs. They would not have tribal implications unless the tribal entity owns a facility that directly emits fluorinated GHGs above threshold levels (such as a semiconductor manufacturing facility). We are not aware of any tribal facilities that would be affected. Thus, Executive Order 13175 does not apply to this action. EPA specifically solicits additional comment on this proposed action from tribal officials. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks 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 would 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. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Where: CO2e = Carbon dioxide equivalent, metric tons/year. GHGi = Mass emissions of each greenhouse gas, metric tons/year. GWPi = Global warming potential for each greenhouse gas from Table A–1 of this subpart. n = The number of greenhouse gases emitted. * * * * * (f) * * * (1) Calculate the mass in metric tons per year of CO2, N2O, and each VerDate Mar<15>2010 14:55 Jul 30, 2014 Jkt 232001 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 would not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it would not affect the level of protection provided to human health or the environment; it is a rule addressing information collection and reporting procedures. fluorinated GHG that is imported and the mass in metric tons per year of CO2, N2O, and each fluorinated GHG that is exported during the year. * * * * * ■ 3. Section 98.3 is amended by: ■ a. Revising paragraph (c)(4)(iii)(E); ■ b. Removing and reserving paragraph (c)(4)(vi); ■ c. Revising paragraphs (c)(5)(i), (c)(5)(ii), (c)(12)(iii)(E), (k), (l) introductory text, (l)(1) introductory PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 List of Subjects in 40 CFR Part 98 Environmental protection, Administrative practice and procedure, Greenhouse gases, Reporting and recordkeeping requirements. Dated: July 24, 2014. Gina McCarthy, Administrator. For the reasons stated in the preamble, the Environmental Protection Agency proposes to amend CFR title 40 chapter I as set forth below: PART 98—MANDATORY GREENHOUSE GAS REPORTING 1. The authority citation for part 98 continues to read as follows: ■ Authority: 42 U.S.C. 7401, et seq. Subpart A—General Provisions 2. Section 98.2 is amended by revising paragraphs (b)(1), (b)(4), and (f)(1) to read as follows: ■ § 98.2 Who must report? * * * * * (b) * * * (1) Calculate the annual emissions of CO2, CH4, N2O, and each fluorinated GHG in metric tons from all applicable source categories listed in paragraph (a)(2) of this section. The GHG emissions shall be calculated using the calculation methodologies specified in each applicable subpart and available company records. * * * * * (4) Sum the emissions estimates from paragraphs (b)(1), (b)(2), and (b)(3) of this section for each GHG and calculate metric tons of CO2e using Equation A–1 of this section. text, (l)(2) introductory text, (l)(2)(i), (l)(2)(ii)(C) through (E); and, (l)(2)(iii). The revisions read as follows: § 98.3 What are the general monitoring, reporting, recordkeeping, and verification requirements of this part? * * * (c) * * * (4) * * * (iii) * * * E:\FR\FM\31JYP1.SGM 31JYP1 * * EP31JY14.008</GPH> 44346 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Proposed Rules (E) Each fluorinated GHG (as defined in § 98.6). * * * * * (vi) [Reserved] * * * * * (5) * * * (i) Total quantity of GHG aggregated for all GHG from all applicable supply categories in Table A–5 of this subpart and expressed in metric tons of CO2e calculated using Equation A–1 of this subpart. (ii) Quantity of each GHG from each applicable supply category in Table A–5 to this subpart, expressed in metric tons of each GHG. * * * * * (12) * * * (iii) * * * (E) Each fluorinated GHG. * * * * * (k) Revised global warming potentials and special provisions for reporting year 2013 and subsequent reporting years. This paragraph (k) applies to owners or operators of facilities or suppliers that first become subject to any subpart of part 98 solely due to an amendment to Table A–1 of this subpart. (1) A facility or supplier that first becomes subject to part 98 due to a change in the GWP for one or more compounds in Table A–1 of this subpart, Global Warming Potentials, is not required to submit an annual GHG report for the reporting year during which the change in GWPs is promulgated. (2) A facility or supplier that was already subject to one or more subparts of part 98 but becomes subject to one or more additional subparts due to a change in the GWP for one or more compounds in Table A–1 of this subpart, is not required to include those subparts to which the facility is subject only due to the change in the GWP in the annual GHG report submitted for the reporting year during which the change in GWPs is promulgated. (3) Starting on January 1 of the year after the year during which the change in GWPs is promulgated, facilities or suppliers identified in paragraphs (k)(1) or (2) of this section must start monitoring and collecting GHG data in compliance with the applicable subparts of part 98 to which the facility is subject due to the change in the GWP for the annual greenhouse gas report for that reporting year, which is due by March 31 of the following calendar year. (4) A change in the GWP for one or more compounds includes the addition to Table A–1 of this subpart of either a chemical-specific or a default GWP that applies to a compound to which no VerDate Mar<15>2010 14:55 Jul 30, 2014 Jkt 232001 chemical-specific GWP in Table A–1 of this subpart previously applied. (l) Special provision for best available monitoring methods in 2014 and subsequent years. This paragraph (l) applies to owners or operators of facilities or suppliers that first become subject to any subpart of part 98 due to an amendment to Table A–1 of this subpart, Global Warming Potentials. (1) Best available monitoring methods. From January 1 to March 31 of the year after the year during which the change in GWPs is promulgated, owners or operators subject to this paragraph (l) may use best available monitoring methods for any parameter (e.g., fuel use, feedstock rates) that cannot reasonably be measured according to the monitoring and QA/QC requirements of a relevant subpart. The owner or operator must use the calculation methodologies and equations in the ‘‘Calculating GHG Emissions’’ sections of each relevant subpart, but may use the best available monitoring method for any parameter for which it is not reasonably feasible to acquire, install, and operate a required piece of monitoring equipment by January 1 of the year after the year during which the change in GWPs is promulgated. Starting no later than April 1, of the year after the year during which the change in GWPs is promulgated, the owner or operator must discontinue using best available methods and begin following all applicable monitoring and QA/QC requirements of this part, except as provided in paragraph (l)(2) of this section. Best available monitoring methods means any of the following methods: * * * * * (2) Requests for extension of the use of best available monitoring methods. The owner or operator may submit a request to the Administrator to use one or more best available monitoring methods beyond March 31 of the year after the year during which the change in GWPs is promulgated. (i) Timing of request. The extension request must be submitted to EPA no later than January 31 of the year after the year during which the change in GWPs is promulgated. (ii) * * * (C) A description of the reasons that the needed equipment could not be obtained and installed before April 1 of the year after the year during which the change in GWPs is promulgated. (D) If the reason for the extension is that the equipment cannot be purchased and delivered by April 1 of the year after the year during which the change in GWPs is promulgated, supporting PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 44347 documentation such as the date the monitoring equipment was ordered, investigation of alternative suppliers and the dates by which alternative vendors promised delivery, backorder notices or unexpected delays, descriptions of actions taken to expedite delivery, and the current expected date of delivery. (E) If the reason for the extension is that the equipment cannot be installed without a process unit shutdown, include supporting documentation demonstrating that it is not practicable to isolate the equipment and install the monitoring instrument without a full process unit shutdown. Include the date of the most recent process unit shutdown, the frequency of shutdowns for this process unit, and the date of the next planned shutdown during which the monitoring equipment can be installed. If there has been a shutdown or if there is a planned process unit shutdown between November 29 of the year during which the change in GWPs is promulgated and April 1 of the year after the year during which the change in GWPs is promulgated, include a justification of why the equipment could not be obtained and installed during that shutdown. * * * * * (iii) Approval criteria. To obtain approval, the owner or operator must demonstrate to the Administrator’s satisfaction that it is not reasonably feasible to acquire, install, and operate a required piece of monitoring equipment by April 1 of the year after the year during which the change in GWPs is promulgated. The use of best available methods under this paragraph (l) will not be approved beyond December 31 of the year after the year during which the change in GWPs is promulgated. ■ 4. Section 98.6 is amended by: ■ a. Adding, in alphabetical order, the definitions for Fluorinated GHG group, Fluorotelomer alcohols, Fully fluorinated GHGs; ■ b. Revising the definition for Global warming potential; and ■ c. Adding, in alphabetical order, the definitions for Non-segregated saturated hydrochlorofluoroethers (HCFEs), Nonsegregated saturated hydrofluoroethers (HFEs), Other fluorinated GHGs, Partially segregated saturated hydrochlorofluoroethers (HCFEs), Partially segregated saturated hydrofluoroethers (HFEs), Saturated hydrochlorofluoroethers (HCFEs), Saturated hydrofluorocarbons (HFCs), Saturated hydrofluoroethers (HFEs), Unsaturated ethers, Unsaturated hydrochlorofluorocarbons (HCFCs), E:\FR\FM\31JYP1.SGM 31JYP1 44348 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Proposed Rules Unsaturated hydrofluorocarbons (HFCs); and, Unsaturated perfluorocarbons (PFCs). The revisions and additions read as follows: § 98.6 Definitions. * * * * * Fluorinated GHG group means one of the following sets of fluorinated GHGs: Fully fluorinated GHGs; saturated hydrofluorocarbons; partially segregated saturated hydrofluoroethers and saturated hydrochlorofluoroethers; nonsegregated saturated hydrofluoroethers and saturated hydrochlorofluoroethers; unsaturated PFCs, unsaturated HFCs, unsaturated HCFCs, unsaturated ethers, unsaturated halogenated esters, fluorinated aldehydes, and fluorinated ketones; fluorotelomer alcohols; fluorinated GHGs with carbon-iodine bonds; or Other fluorinated GHGs. * * * * * Fluorotelomer alcohols means fluorinated GHGs with the chemical formula CnF2n+1CH2CH2OH. * * * * * 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. * * * * * Global warming potential or GWP means the ratio of the time-integrated radiative forcing from the instantaneous release of one kilogram of a trace substance relative to that of one kilogram of a reference gas, i.e., CO2. GWPs for each greenhouse gas are provided in Table A–1 of this subpart. For purposes of the calculations in this part, if the GHG has a chemical-specific GWP listed in Table A–1, use that GWP. Otherwise, use the default GWP provided in Table A–1 for the fluorinated GHG group of which the GHG is a member. * * * * * Non-segregated saturated hydrochlorofluoroethers (HCFEs) means saturated hydrochlorofluoroethers that include fluorine substitutes on all alkyl groups. Non-segregated saturated hydrofluoroethers (HFEs) means saturated hydrofluoroethers that include fluorine substitutes on all alkyl groups. * * * * * Other fluorinated GHGs means fluorinated GHGs that are none of the following: Fully fluorinated GHGs, saturated hydrofluorocarbons, saturated hydrofluoroethers, saturated hydrochlorofluoroethers, unsaturated perfluorocarbons, unsaturated hydrofluorocarbons, unsaturated hydrochlorofluorocarbons, unsaturated ethers, unsaturated halogenated esters, fluorinated aldehydes, fluorinated ketones, fluorotelomer alcohols, or fluorinated GHGs with carbon-iodine bonds. * * * * * Partially segregated saturated hydrochlorofluoroethers (HCFEs) means saturated hydrochlorofluoroethers that contain at least one fully hydrogenated alkyl group with no fluorine or chlorine substitutes. Partially segregated saturated hydrofluoroethers (HFEs) means saturated hydrofluoroethers that contain at least one fully hydrogenated alkyl group with no fluorine substitutes. * * * * * Saturated hydrochlorofluoroethers (HCFEs) means fluorinated GHGs in which two hydrocarbon groups are linked by an oxygen atom; in which two or more, but not all, of the hydrogen atoms in the hydrocarbon groups have been replaced by fluorine atoms and chlorine atoms; and which contain only single bonds. Saturated hydrofluorocarbons (HFCs) means fluorinated GHGs that are hydrofluorocarbons and that contain only single bonds. Saturated hydrofluoroethers (HFEs) means fluorinated GHGs in which two hydrocarbon groups are linked by an oxygen atom; in which one or more, but not all, of the hydrogen atoms in the hydrocarbon groups have been replaced by fluorine atoms; and which contain only single bonds. * * * * * Unsaturated ethers means fluorinated GHGs in which two hydrocarbon groups are linked by an oxygen atom; in which one or more of the hydrogen atoms in the hydrocarbon groups have been replaced by fluorine atoms; and which contain one or more bonds that are not single bonds. Unsaturated ethers include unsaturated HFEs. Unsaturated hydrochlorofluorocarbons (HCFCs) means fluorinated GHGs that contain only carbon, chlorine, fluorine, and hydrogen and that contain one or more bonds that are not single bonds. Unsaturated hydrofluorocarbons (HFCs) means fluorinated GHGs that are hydrofluorocarbons and that contain one or more bonds that are not single bonds. Unsaturated perfluorocarbons (PFCs) means fluorinated GHGs that are perfluorocarbons and that contain one or more bonds that are not single bonds. * * * * * ■ 5. Table A–1 to Subpart A is revised to read as follows: TABLE A–1 TO SUBPART A OF PART 98—GLOBAL WARMING POTENTIALS [100-year time horizon] Name CAS No. Chemical formula Global warming potential (100 yr.) wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Chemical-Specific GWPs Carbon dioxide ........................................................... Methane ..................................................................... Nitrous oxide .............................................................. 124–38–9 74–82–8 10024–97–2 CO2 ........................................................................... CH4 ............................................................................ N2O ........................................................................... 1 a25 a298 Fully Fluorinated GHGs Sulfur hexafluoride ..................................................... Trifluoromethyl sulphur pentafluoride ......................... Nitrogen trifluoride ...................................................... PFC-14 (Perfluoromethane) ....................................... PFC-116 (Perfluoroethane) ........................................ PFC-218 (Perfluoropropane) ...................................... VerDate Mar<15>2010 14:55 Jul 30, 2014 Jkt 232001 PO 00000 2551–62–4 373–80–8 7783–54–2 75–73–0 76–16–4 76–19–7 Frm 00031 Fmt 4702 SF6 ............................................................................ SF5CF3 ...................................................................... NF3 ............................................................................ CF4 ............................................................................ C2F6 ........................................................................... C3F8 ........................................................................... Sfmt 4702 E:\FR\FM\31JYP1.SGM 31JYP1 a 22,800 17,700 17,200 a 7,390 a 12,200 a 8,830 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Proposed Rules 44349 TABLE A–1 TO SUBPART A OF PART 98—GLOBAL WARMING POTENTIALS—Continued [100-year time horizon] Name CAS No. Perfluorocyclopropane ............................................... PFC-3-1-10 (Perfluorobutane) ................................... PFC-318 (Perfluorocyclobutane) ................................ PFC-4-1-12 (Perfluoropentane) ................................. PFC-5-1-14 (Perfluorohexane, FC-72) ...................... PFC-9-1-18 ................................................................. PFC-6-1-12 ................................................................. PFC-7-1-18 ................................................................. PFPMIE (HT–70) ........................................................ Perfluorodecalin (cis) ................................................. Perfluorodecalin (trans) .............................................. 931–91–9 355–25–9 115–25–3 678–26–2 355–42–0 306–94–5 335–57–9 307–34–6 NA 60433–11–6 60433–12–7 Chemical formula C-C3F6 ....................................................................... C4F10 ......................................................................... C-C4F8 ....................................................................... C5F12 ......................................................................... C6F14 ......................................................................... C10F18 ........................................................................ C7F16; CF3(CF2)5CF3 ................................................. C8F18; CF3(CF2)6CF3 ................................................. CF3OCF(CF3)CF2OCF2OCF3 .................................... Z-C10F18 .................................................................... E-C10F18 .................................................................... Global warming potential (100 yr.) 17,340 a 8,860 a 10,300 a 9,160 a 9,300 7,500 b 7,820 b 7,620 10,300 b 7,236 b 6,288 Saturated hydrofluorocarbons (HFCs) HFC-23 ....................................................................... HFC-32 ....................................................................... HFC-41 ....................................................................... HFC-125 ..................................................................... HFC-134 ..................................................................... HFC-134a ................................................................... HFC-143 ..................................................................... HFC-143a ................................................................... HFC-152 ..................................................................... HFC-152a ................................................................... HFC-161 ..................................................................... HFC-227ca ................................................................. HFC-227ea ................................................................. HFC-236cb ................................................................. HFC-236ea ................................................................. HFC-236fa .................................................................. HFC-245ca ................................................................. HFC-245cb ................................................................. HFC-245ea ................................................................. HFC-245eb ................................................................. HFC-245fa .................................................................. HFC-263fb .................................................................. HFC-272ca ................................................................. HFC-329p ................................................................... HFC-365mfc ............................................................... HFC-43-10mee ........................................................... 75–46–7 75–10–5 593–53–3 354–33–6 359–35–3 811–97–2 430–66–0 420–46–2 624–72–6 75–37–6 353–36–6 2252–84–8 431–89–0 677–56–5 431–63–0 690–39–1 679–86–7 1814–88–6 24270–66–4 431–31–2 460–73–1 421–07–8 420–45–1 375–17–7 406–58–6 138495–42–8 CHF3 ......................................................................... CH2F2 ........................................................................ CH3F ......................................................................... C2HF5 ........................................................................ C2H2F4 ....................................................................... CH2FCF3 ................................................................... C2H3F3 ....................................................................... C2H3F3 ....................................................................... CH2FCH2F ................................................................. CH3CHF2 ................................................................... CH3CH2F ................................................................... CF3CF2CHF2 ............................................................. C3HF7 ........................................................................ CH2FCF2CF3 ............................................................. CHF2CHFCF3 ............................................................ C3H2F6 ....................................................................... C3H3F5 ....................................................................... CF3CF2CH3 ............................................................... CHF2CHFCHF2 ......................................................... CH2FCHFCF3 ............................................................ CHF2CH2CF3 ............................................................. CH3CH2CF3 ............................................................... CH3CF2CH3 ............................................................... CHF2CF2CF2CF3 ....................................................... CH3CF2CH2CF3 ......................................................... CF3CFHCFHCF2CF3 ................................................. a 14,800 a 675 a 92 a 3,500 a 1,100 a 1,430 a 353 a 4,470 53 a 124 12 b 2640 a 3,220 1,340 1,370 a 9,810 a 693 b 4,620 b 235 b 290 1,030 b 76 b 144 b 2,360 794 a 1,640 Partially segregated saturated hydrofluoroethers (HFEs) and hydrochlorofluoroethers (HCFEs) wreier-aviles on DSK5TPTVN1PROD with PROPOSALS HFE-143a ................................................................... HFE-245cb2 ............................................................... HFE-254cb2 ............................................................... HFE-263fb2 ................................................................ HFE-263m1; R-E-143a .............................................. HFE-347mcc3 (HFE-7000) ........................................ HFE-347mmy1 ........................................................... HFE-356mec3 ............................................................ HFE-356mm1 ............................................................. HFE-356pcc3 ............................................................. HFE-365mcf2 ............................................................. HFE-365mcf3 ............................................................. HFE-374pc2 ............................................................... HFE-449s1 (HFE-7100) Chemical blend ................... HFE-569sf2 (HFE-7200) Chemical blend .................. HG′-01 ........................................................................ HG′-02 ........................................................................ HG′-03 ........................................................................ Difluoro(methoxy)methane ......................................... 2-Chloro-1,1,2-trifluoro-1-methoxyethane .................. 1-Ethoxy-1,1,2,2,3,3,3-heptafluoropropane ................ 2-Ethoxy-3,3,4,4,5-pentafluorotetrahydro-2,5bis[1,2,2,2-tetrafluoro-1-(trifluoromethyl)ethyl]-furan. 1-Ethoxy-1,1,2,3,3,3-hexafluoropropane .................... VerDate Mar<15>2010 14:55 Jul 30, 2014 Jkt 232001 PO 00000 421–14–7 22410–44–2 425–88–7 460–43–5 690–22–2 375–03–1 22052–84–2 382–34–3 13171–18–1 160620–20–2 22052–81–9 378–16–5 512–51–6 163702–07–6 163702–08–7 163702–05–4 163702–06–5 73287–23–7 485399–46–0 485399–48–2 359–15–9 425–87–6 22052–86–4 920979–28–8 CH3OCF3 ................................................................... CH3OCF2CF3 ............................................................ CH3OCF2CHF2 .......................................................... CF3CH2OCH3 ............................................................ CF3OCH2CH3 ............................................................ CH3OCF2CF2CF3 ...................................................... CH3OCF(CF3)2 .......................................................... CH3OCF2CHFCF3 ..................................................... (CF3)2CHOCH3 .......................................................... CH3OCF2CF2CHF2 .................................................... CF3CF2OCH2CH3 ...................................................... CF3CF2CH2OCH3 ...................................................... CH3CH2OCF2CHF2 ................................................... C4F9OCH3 ................................................................. (CF3)2CFCF2OCH3 .................................................... C4F9OC2H5 ................................................................ (CF3)2CFCF2OC2H5 .................................................. CH3OCF2CF2OCH3 ................................................... CH3O(CF2CF2O)2CH3 ............................................... CH3O(CF2CF2O)3CH3 ............................................... CH3OCHF2 ................................................................ CH3OCF2CHFCl ........................................................ CF3CF2CF2OCH2CH3 ................................................ C12H5F19O2 ................................................................ 380–34–7 CF3CHFCF2OCH2CH3 .............................................. Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\31JYP1.SGM 31JYP1 756 708 359 11 b 29 575 343 101 27 110 b 58 11 557 297 59 b 222 b 236 b 221 b 144 b 122 b 61 b 56 b 23 44350 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Proposed Rules TABLE A–1 TO SUBPART A OF PART 98—GLOBAL WARMING POTENTIALS—Continued [100-year time horizon] Name CAS No. Fluoro(methoxy)methane ........................................... 1,1,2,2-Tetrafluoro-3-methoxy-propane; Methyl 2,2,3,3-tetrafluoropropyl ether. 460–22–0 60598–17–6 Chemical formula CH3OCH2F ................................................................ CHF2CF2CH2OCH3 ................................................... Global warming potential (100 yr.) b 13 b 0.5 Non-segregated saturated hydrofluoroethers (HFEs) and hydrochlorofluoroethers (HCFEs) HFE-125 ..................................................................... HFE-134 (HG-00) ....................................................... HFE-227ea ................................................................. HFE-236ca ................................................................. HFE-236ca12 (HG-10) ............................................... HFE-236ea2 (Desflurane) .......................................... HFE-236fa .................................................................. HFE-245fa1 ................................................................ HFE-245fa2 ................................................................ HFE-329mcc2 ............................................................ HFE-329me3 .............................................................. HFE-338mcf2 ............................................................. HFE-338mmz1 ........................................................... HFE-338pcc13 (HG-01) ............................................. HFE-347mcf2 ............................................................. HFE-347mmz1 (Sevoflurane) .................................... HFE-347pcf2 .............................................................. HFE-356mff2 .............................................................. HFE-356pcf2 .............................................................. HFE-356pcf3 .............................................................. HFE-43-10pccc (H-Galden 1040x, HG-11) ................ HCFE-235ca2 (Enflurane) .......................................... HCFE-235da2 (Isoflurane) ......................................... HG-02 ......................................................................... HG-03 ......................................................................... HG-20 ......................................................................... HG-21 ......................................................................... HG-30 ......................................................................... 1,1,1,2,2,3,3-Heptafluoro-3-(1,2,2,2tetrafluoroethoxy)-propane. 1,1′-Oxybis[2-(difluoromethoxy)-1,1,2,2tetrafluoroethane. 1,1,3,3,4,4,6,6,7,7,9,9,10,10,12,12-hexadecafluoro2,5,8,11-Tetraoxadodecane. 1,1,3,3,4,4,6,6,7,7,9,9,10,10,12,12,13,13,15,15eicosafluoro-2,5,8,11,14-Pentaoxapentadecane. 1,1,2-Trifluoro-2-(trifluoromethoxy)-ethane ................ 1,1,2,2-Tetrafluoro-1-(fluoromethoxy)ethane ............. Trifluoro(fluoromethoxy)methane ............................... Difluoro(fluoromethoxy)methane ................................ Fluoro(fluoromethoxy)methane .................................. 3822–68–2 1691–17–4 2356–62–9 32778–11–3 78522–47–1 57041–67–5 20193–67–3 84011–15–4 1885–48–9 134769–21–4 428454–68–6 156053–88–2 26103–08–2 188690–78–0 171182–95–9 28523–86–6 406–78–0 333–36–8 50807–77–7 35042–99–0 E1730133 13838–16–9 26675–46–7 205367–61–9 173350–37–3 249932–25–0 249932–26–1 188690–77–9 3330–15–2 CHF2OCF3 ................................................................ CHF2OCHF2 .............................................................. CF3CHFOCF3 ............................................................ CHF2OCF2CHF2 ........................................................ CHF2OCF2OCHF2 ..................................................... CHF2OCHFCF3 ......................................................... CF3CH2OCF3 ............................................................ CHF2CH2OCF3 .......................................................... CHF2OCH2CF3 .......................................................... CF3CF2OCF2CHF2 .................................................... CF3CFHCF2OCF3 ..................................................... CF3CF2OCH2CF3 ...................................................... CHF2OCH(CF3)2 ....................................................... CHF2OCF2CF2OCHF2 ............................................... CF3CF2OCH2CHF2 .................................................... (CF3)2CHOCHF2 ....................................................... CHF2CF2OCH2CF3 .................................................... CF3CH2OCH2CF3 ...................................................... CHF2CH2OCF2CHF2 ................................................. CHF2OCH2CF2CHF2 ................................................. CHF2OCF2OC2F4OCHF2 .......................................... CHF2OCF2CHFC1 ..................................................... CHF2OCHClCF3 ........................................................ HF2C-(OCF2CF2)2-OCF2H ........................................ HF2C-(OCF2CF2)3- OCF2H ....................................... HF2C-(OCF2)2-OCF2H ............................................... HF2C-OCF2CF2OCF2OCF2O-CF2H .......................... HF2C-(OCF2)3-OCF2H ............................................... CF3CF2CF2OCHFCF3 ............................................... 14,900 6,320 1,540 b 4,240 2,800 989 487 286 659 919 b 4,550 552 380 1,500 374 c 216 580 b 17 265 502 1,870 b 583 350 b 2,730 b 2,850 b 5,300 b 3,890 b 7,330 b 6,490 205367-61–9 HCF2O(CF2CF2O)2CF2H ........................................... b 4,920 173350–37–3 HCF2O(CF2CF2O)3 CF2H .......................................... b 4,490 173350–38–4 HCF2O(CF2CF2O)4CF2H ........................................... b 3,630 84011–06–3 37031-31–5 2261–01–0 461–63–2 462–51–1 CHF2CHFOCF3 ......................................................... CH2FOCF2CF2H ........................................................ CH2FOCF3 ................................................................ CH2FOCHF2 .............................................................. CH2FOCH2F .............................................................. b 1,240 b 871 b 751 b 617 b 130 Unsaturated perfluorocarbons (PFCs) PFC-1114; TFE .......................................................... PFC-1216; Dyneon HFP ............................................ PFC C-1418 ............................................................... Perfluorobut-2-ene ..................................................... Perfluorobut-1-ene ..................................................... Perfluorobuta-1,3-diene .............................................. 116–14–3 116–15–4 559–40–0 360–89–4 357–26–6 685–63–2 CF2=CF2; C2F4 .......................................................... C3F6; CF3CF=CF2 ..................................................... c-C5F8 ........................................................................ CF3CF=CFCF3 .......................................................... CF3CF2CF=CF2 ......................................................... CF2=CFCF=CF2 ........................................................ b 0.04 b 0.05 b 1.97 b 1.82 b 0.10 b 0.03 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Unsaturated hydrofluorocarbons (HFCs) and hydrochlorofluorocarbons (HCFCs) HFC-1132a; VF2 ........................................................ HFC-1141; VF ............................................................ (E)-HFC-1225ye ......................................................... (Z)-HFC-1225ye ......................................................... Solstice 1233zd(E) ..................................................... HFC-1234yf; HFO-1234yf .......................................... HFC-1234ze(E) .......................................................... HFC-1234ze(Z) .......................................................... HFC-1243zf; TFP ....................................................... (Z)-HFC-1336 ............................................................. VerDate Mar<15>2010 14:55 Jul 30, 2014 Jkt 232001 PO 00000 75–38–7 75–02–5 5595–10–8 5528–43–8 102687–65–0 754–12–1 1645–83–6 29118–25–0 677–21–4 692–49–9 Frm 00033 Fmt 4702 C2H2F2, CF2=CH2 ..................................................... C2H3F, CH2=CHF ...................................................... CF3CF=CHF(E) ......................................................... CF3CF=CHF(Z) ......................................................... C3H2ClF3; CHCl=CHCF3 ........................................... C3H2F4; CF3CF=CH2 ................................................. C3H2F4; cis-CF3CH=CHF ....................................... C3H2F4; trans-CF3CH=CHF; CF3CH=CHF(Z) ........... C3H3F3, CF3CH=CH2 ................................................ CF3CH=CHCF3(Z) ..................................................... Sfmt 4702 E:\FR\FM\31JYP1.SGM 31JYP1 b 0.04 b 0.02 b 0.06 b 0.22 b 1.34 b 0.31 b 0.97 b 0.29 b 0.12 b 1.58 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Proposed Rules 44351 TABLE A–1 TO SUBPART A OF PART 98—GLOBAL WARMING POTENTIALS—Continued [100-year time horizon] Name CAS No. HFO-1345zfc .............................................................. Capstone 42-U ........................................................... Capstone 62-U ........................................................... Capstone 82-U ........................................................... 374–27–6 19430–93–4 25291–17–2 21652–58–4 Chemical formula C2F5CH=CH2 ............................................................. C6H3F9, CF3(CF2)3CH=CH2 ...................................... C8H3F13, CF3(CF2)5CH=CH2 ..................................... C10H3F17, CF3(CF2)7CH=CH2 ................................... Global warming potential (100 yr.) b 0.09 b 0.16 b 0.11 b 0.09 Unsaturated halogenated ethers PMVE; HFE-216 ......................................................... Fluoroxene ................................................................. 1187–93–5 406–90–6 CF3OCF=CF2 ............................................................ CF3CH2OCH=CH2 ..................................................... b 0.17 b 0.05 Fluorinated aldehydes 3,3,3-Trifluoro-propanal .............................................. 460–40–2 CF3CH2CHO ............................................................. b 0.01 Fluorinated ketones Novec 1230 (perfluoro (2-methyl-3-pentanone)) ....... 756–13–8 CF3CF2C(O)CF (CF3)2 ............................................. b 0.1 Fluorotelomer alcohols 3,3,4,4,5,5,6,6,7,7,7-Undecafluoroheptan-1-ol ........... 3,3,3-Trifluoropropan-1-ol ........................................... 3,3,4,4,5,5,6,6,7,7,8,8,9,9,9-Pentadecafluorononan1-ol. 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,11Nonadecafluoroundecan-1-ol. 185689–57–0 2240–88–2 755-02–2 CF3(CF2)4CH2CH2OH ............................................... CF3CH2CH2OH ......................................................... CF3(CF2)6CH2CH2OH ............................................... b 0.43 b 0.33 87017–97–8 CF3(CF2)8CH2CH2OH ............................................... b 0.19 b 0.35 Fluorinated GHGs with carbon-iodine bond(s) Trifluoroiodomethane ................................................. 2314–97–8 CF3I ........................................................................... b 0.4 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Other fluorinated compounds Trifluoromethyl formate .............................................. Perfluoroethyl formate ................................................ 1,2,2,2-Tetrafluoroethyl formate ................................. Perfluorobutyl formate ................................................ Perfluoropropyl formate .............................................. 1,1,1,3,3,3-Hexafluoropropan-2-yl formate ................ Dibromodifluoromethane (Halon 1202) ...................... Bis(trifluoromethyl)-methanol ..................................... 1,1,1,3,3,3-Hexafluoropropan-2-ol ............................. Methyl carbonofluoridate ............................................ (Octafluorotetramethy-lene) hydroxymethyl group ..... Methyl 2,2,2-trifluoroacetate ....................................... 2,2,3,3,3-pentafluoropropanol .................................... 2-Bromo-2-chloro-1,1,1-trifluoroethane (Halon-2311/ Halothane). 2,2,3,3,4,4,4-Heptafluorobutan-1-ol ........................... 2,2,2-Trifluoroethyl formate ........................................ 1,1-Difluoroethyl 2,2,2-trifluoroacetate ....................... Difluoromethyl 2,2,2-trifluoroacetate .......................... 1,1-Difluoroethyl carbonofluoridate ............................ 2,2,2-Trifluoroethanol ................................................. 2,2,3,3,3-Pentafluoropropan-1-ol ............................... 2,2,3,4,4,4-Hexafluoro-1-butanol ................................ 3,3,3-Trifluoropropyl formate ...................................... 2,2,3,3,4,4,4-Heptafluoro-1-butanol ........................... 2,2,3,3-Tetrafluoro-1-propanol ................................... 2,2,2-Trifluoroethyl 2,2,2-trifluoroacetate ................... Methyl 2,2-difluoroacetate .......................................... 2,2-Difluoroethanol ..................................................... Perfluoroethyl acetate ................................................ Trifluoromethyl acetate ............................................... Perfluoropropyl acetate .............................................. Perfluorobutyl acetate ................................................ Ethyl 2,2,2-trifluoroacetate ......................................... 2-Fluoroethanol .......................................................... 4,4,4-Trifluorobutan-1-ol ............................................. VerDate Mar<15>2010 14:55 Jul 30, 2014 Jkt 232001 PO 00000 85358–65–2 313064–40–3 481631–19–0 197218–56–7 271257–42–2 856766–70–6 75–61–6 920–66–1 920–66–1 1538–06–3 NA 431–47–0 422–05–9 151–67–7 HCOOCF3 ................................................................. HCOOCF2CF3 ........................................................... HCOOCHFCF3 .......................................................... HCOOCF2CF2CF2CF3 ............................................... HCOOCF2CF2CF3 ..................................................... HCOOCH(CF3)2 ........................................................ CBR2F2 ...................................................................... (CF3)2CHOH .............................................................. (CF3)2CHOH .............................................................. FCOOCH3 ................................................................. X-(CF2)4CH(OH)-X .................................................... CF3COOCH3 ............................................................. CF3CF2CH2OH .......................................................... CHBrClCF3 ................................................................ 375–01–9 32042–38–9 1344118–13–3 2024–86–4 1344118–11–1 75–89–8 422–05–9 382–31–0 1344118–09–7 375–01–9 76–37–9 407–38–5 433–53–4 359–13–7 343269–97–6 74123–20–9 1344118–10–0 209597–28–4 383–63–1 371–62–0 461–18–7 C3F7CH2OH .............................................................. HCOOCH2CF3 ........................................................... CF3COOCF2CH3 ....................................................... CF3COOCHF2 ........................................................... FCOOCF2CH3 ........................................................... CF3CH2OH ................................................................ CF3CF2CH2OH .......................................................... CF3CHFCF2CH2OH .................................................. HCOOCH2CH2CF3 .................................................... CF3CF2CF2CH2OH .................................................... CHF2CF2CH2OH ....................................................... CF3COOCH2CF3 ....................................................... HCF2COOCH3 ........................................................... CHF2CH2OH ............................................................. CH3COOCF2CF3 ....................................................... CH3COOCF3 ............................................................. CH3COOCF2CF2CF3 ................................................. CH3COOCF2CF2CF2CF3 ........................................... CF3COOCH2CH3 ....................................................... CH2FCH2OH ............................................................. CF3(CH2)2CH2OH ...................................................... Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\31JYP1.SGM 31JYP1 b 588 b 580 b 470 b 392 b 376 b 333 b 231 195 b 182 b 95 73 b 52 42 b 41 b 34 b 33 b 31 b 27 b 27 b 20 b 19 b 17 b 17 b 16 b 13 b7 b3 b3 b 2.1 b 2.0 b 1.8 b 1.6 b 1.3 b 1.1 b 0.05 44352 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Proposed Rules DEFAULT GWPS FOR COMPOUNDS FOR WHICH CHEMICAL-SPECIFIC GWPS ARE NOT LISTED ABOVE Global warming potential (100 yr.) Fluorinated GHG group d Fully fluorinated GHGs .................................................................................................................................................................. Saturated hydrofluorocarbons (HFCs) ........................................................................................................................................... Partially segregated saturated hydrofluoroethers (HFEs) and hydrochlorofluoroethers (HCFEs) ................................................ Non-segregated saturated HFEs and HCFEs ............................................................................................................................... Unsaturated perfluorocarbons (PFCs), unsaturated HFCs, unsaturated hydrochlorofluorocarbons (HCFCs), unsaturated halogenated ethers, unsaturated halogenated esters, fluorinated aldehydes, and fluorinated ketones ....................................... Fluorotelomer alcohols .................................................................................................................................................................. Fluorinated GHGs with carbon-iodine bond(s) .............................................................................................................................. Other fluorinated GHGs ................................................................................................................................................................. 10,000 2,200 200 2,400 1 1 1 110 a The GWP for this compound is different than the GWP in the version of Table A–1 to subpart A of Part 98 published on October 30, 2009. compound was added to Table A–1 for reporting year 2014 and subsequent reporting years. c The GWP for this compound was updated for reporting year 2014 and subsequent reporting years. d For electronics manufacturing (as defined in § 98.90), the term ‘‘fluorinated GHGs’’ in the definition of each fluorinated GHG group in § 98.6 shall include fluorinated heat transfer fluids (as defined in § 98.98), whether or not they are also fluorinated GHGs. b This Subpart I—Electronics Manufacturing 6. Section 98.93 is amended by revising paragraph (i)(2) introductory paragraph to read as follows: ■ § 98.93 Calculating GHG emissions. * * * * * (i) * * * (2) Method selection for stack systems in the fab. If the calculations under paragraph (i)(1) of this section, as well as any subsequent annual measurements and calculations under this subpart, indicate that the stack system meets the criteria in paragraph (i)(2)(i) through (iii) of this section, then you may comply with either paragraph (i)(3) of this section (stack test method) or paragraph (i)(4) of this section (method to estimate emissions from the stack systems that are not tested). If the stack system does not meet all three criteria in paragraphs (i)(2)(i) through (iii) of this section, then you must comply with the stack test method specified in paragraph (i)(3) of this section. * * * * * ■ 7. Section 98.94 is amended by: ■ a. Removing paragraph (j)(5)(ii)(C); and ■ b. Revising paragraph (j)(8)(i). The revision reads as follows: § 98.94 Monitoring and QA/QC requirements. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS * * * * * (j) * * * (8) * * * (i) Annual consumption of a fluorinated GHG used during the most recent emissions test (expressed in CO2e) changes by more than 10 percent of the total annual fluorinated GHG consumption, relative to gas consumption in CO2e for that gas during the year of the most recent emissions test (for example, if the use of a single gas goes from 25 percent of CO2e to VerDate Mar<15>2010 14:55 Jul 30, 2014 Jkt 232001 greater than 35 percent of CO2e, this change would trigger a re-test). * * * * * ■ 8. Section 98.96 is amended by: ■ a. Revising the parameter ‘‘GWPi’’ of Equation I–26 in introductory paragraph (r); ■ b. Revising the parameters ‘‘GWPi’’ and ‘‘GWPk’’ of Equation I–27 in paragraph (r)(1); ■ c. Revising the parameters ‘‘GWPi’’ and ‘‘GWPk’’ of Equation I–28 in paragraph (r)(2); and ■ d. Revising paragraph (x). The revisions read as follows: § 98.96 Data reporting requirements. * * * * * (r) * * * * * * * * GWPi = GWP of emitted fluorinated GHG i from Table A–1 of this part. * * * * * (1) * * * * * * * * GWPi = GWP of emitted fluorinated GHG i from Table A–1 of this part. GWPk = GWP of emitted fluorinated GHG by-product k, from Table A–1 of this part. * * * * * (2) * * * * * * * * GWPi = GWP of emitted fluorinated GHG i from Table A–1 of this part. GWPk = GWP of emitted fluorinated GHG by-product k, from Table A–1 of this part. * * * * * (x) If the emissions you report under paragraph (c) of this section include emissions from research and development activities, as defined in § 98.6, report the approximate percentage of total GHG emissions, on a metric ton CO2e basis, that are attributable to research and development activities, using the PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 following ranges: less than 5 percent, 5 percent to less than 10 percent, 10 percent to less than 25 percent, 25 percent to less than 50 percent, 50 percent and higher. * * * * * [FR Doc. 2014–17963 Filed 7–30–14; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [WC Docket Nos. 10–90, 14–58; FCC 14– 98] Connect America Fund; ETC Annual Reports and Certifications Federal Communications Commission. ACTION: Proposed rule. AGENCY: In this document, the Federal Communications Commission (Commission) seeks comment on how best to maximize the reach of our existing Connect America budget and leverage non-Federal funding to extend broadband to as many households as possible when the Commission implements Phase II. Specifically, the Commission seeks comment regarding measures the Commission could take in the Phase II competitive bidding process to create incentives for state and other governmental entities to contribute funding to support the extension of broadband-capable networks. DATES: Comments are due on or before September 2, 2014 and reply comments are due on or before September 15, 2014. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this document, you should advise the contact listed below as soon as possible. SUMMARY: E:\FR\FM\31JYP1.SGM 31JYP1

Agencies

[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Proposed Rules]
[Pages 44332-44352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17963]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2009-0927; FRL-9913-03-OAR]
RIN 2060-AS28


Greenhouse Gas Reporting Program: Addition of Global Warming 
Potentials

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to add 
chemical-specific and default global warming potentials (GWPs) for a 
number of fluorinated greenhouse gases (GHGs) and fluorinated heat 
transfer fluids (HTFs) to the general provisions of the Greenhouse Gas 
Reporting Rule. Currently, these fluorinated GHGs and HTFs are not 
assigned GWPs under the rule. The proposed changes would increase the 
completeness and accuracy of the carbon dioxide (CO2)-
equivalent emissions calculated and reported by suppliers and emitters 
of fluorinated GHGs and HTFs. In addition, the EPA is proposing 
conforming changes to the provisions for the Electronics Manufacturing 
and Fluorinated Gas Production source categories.

DATES: Comments must be received on or before September 2, 2014, unless 
a hearing is requested. If a hearing is requested, comments must be 
received on or before September 15, 2014.
    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 
August 7, 2014. Upon such request, the EPA will hold the hearing on 
August 15, 2014, in the Washington, DC area. The EPA will provide 
further information about the hearing on the Greenhouse Gas Reporting 
Program Web site, https://www.epa.gov/climatechange/emissions/ghgrulemaking.html if a hearing is requested.

ADDRESSES: You may submit your comments, identified by Docket ID No. 
EPA-HQ-OAR-2009-0927, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Email: A-and-R-Docket@epa.gov. Include Docket ID No. EPA-
HQ-OAR-2009-0927 in the subject line of the message.
     Fax: (202) 566-9744.
     Mail: Environmental Protection Agency, EPA Docket Center 
(EPA/DC), Mailcode 28221T, Attention Docket ID No. EPA-HQ-OAR-2009-
0927, 1200 Pennsylvania Avenue NW., Washington, DC 20460.
     Hand/Courier Delivery: EPA Docket Center, Room 3334, EPA 
WJC West Building, 1301 Constitution Avenue NW., Washington, DC 20004. 
Such deliveries are accepted only during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2009-0927, Addition of Global Warming Potentials. 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. For information that you 
claim to be CBI in a disk or CD-ROM that you mail to the EPA, mark the 
outside of the disk or CD-ROM as CBI and then identify electronically 
within the disk or CD-ROM the specific information that is claimed as 
CBI. In addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information marked as CBI will not be disclosed except 
in accordance with procedures set forth in 40 CFR part 2. Send or 
deliver information claimed as CBI to only the mail or hand/courier 
delivery address listed above, attention: Docket ID No. EPA-HQ-OAR-
2009-0927.
    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

[[Page 44333]]

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 be free of special characters, any form of encryption, and 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, WJC 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: 
GHGReporting@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 
emitters and suppliers of fluorinated greenhouse gases (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                 Examples of affected facilities
----------------------------------------------------------------------------------------------------------------
Electrical Equipment Use...................       221121  Electric bulk power transmission and control
                                                           facilities.
Electrical Equipment Manufacture or                33531  Power transmission and distribution switchgear and
 Refurbishment.                                            specialty transformers manufacturing facilities.
Electronics Manufacturing..................       334111  Microcomputers manufacturing facilities.
                                                  334413  Semiconductor, photovoltaic (solid-state) device
                                                           manufacturing facilities.
                                                  334419  Liquid Crystal Display (LCD) unit screens
                                                           manufacturing facilities.
                                                  334419  Micro-electro-mechanical systems (MEMS) manufacturing
                                                           facilities.
Fluorinated Gas Production.................       325120  Industrial gases manufacturing facilities.
Importers and Exporters of Pre-charged            423730  Air-conditioning equipment (except room units)
 Equipment and Closed-Cell Foams.                          merchant wholesalers.
                                                  333415  Air-conditioning equipment (except motor vehicle)
                                                           manufacturing.
                                                  336391  Motor vehicle air-conditioning manufacturing.
                                                  423620  Air-conditioners, room, merchant wholesalers.
                                                  443111  Household appliance stores.
                                                  423730  Automotive air-conditioners merchant wholesalers.
                                                  326150  Polyurethane foam products manufacturing.
                                                  335313  Circuit breakers, power, manufacturing.
                                                  423610  Circuit breakers merchant wholesalers.
Magnesium Production.......................       331419  Primary refiners of nonferrous metals by electrolytic
                                                           methods.
----------------------------------------------------------------------------------------------------------------

    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 subparts I, L, T, DD, 
SS, OO, and QQ. 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.

AR4 Fourth Assessment Report
AR5 Fifth Assessment Report
BAMM Best available monitoring methods
CAA Clean Air Act
CBI Confidential business information
CFC Chlorofluorocarbon
CFR Code of Federal Regulations
CO2 Carbon dioxide
CO2e CO2-equivalent
e-GGRT Electronic Greenhouse Gas Reporting Tool
EPA U.S. Environmental Protection Agency

[[Page 44334]]

FLIGHT Facility Level Information on Greenhouse Gases Tool
FR Federal Register
GHG Greenhouse gas
GHGRP Greenhouse Gas Reporting Program
GWP Global warming potential
HCFC Hydrochlorofluorocarbon
HCFE Hydrochlorofluoroether
HFC Hydrofluorocarbon
HFE Hydrofluoroether
HTF heat transfer fluid
IPCC Intergovernmental Panel on Climate Change
LCD Liquid crystal display
MEMS Micro-electro-mechanical systems
MtCO2e Metric tons carbon dioxide equivalent
N2O Nitrous oxide
NAICS North American Industry Classification System
NF3 Nitrogen trifluoride
NODA Notice of data availability
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PFC Perfluorocarbon
RFA Regulatory Flexibility Act
RY Reporting year
SAR Second Assessment Report
SF6 Sulfur hexafluoride
SIP State implementation plan
PSD Prevention of significant deterioration
UMRA Mandates Reform Act of 1995
UNFCCC United Nations Framework Convention on Climate Change
WWW Worldwide Web

Table of Contents

I. Background
    A. How is this preamble organized?
    B. Background on the GHG Reporting Rule
    C. Legal Authority
    D. When would these amendments apply?
II. Proposed Amendments
    A. Summary of Proposed Amendments
    B. Background on GHGRP GWPs
    C. Today's Proposed Rule
    D. Relationship Between This Proposed Rule and Proposed 
Amendments to Subpart L
    E. Relationship Between This Proposed Rule and Default GWP in 
Subpart I
    F. Calculation of Differences and Changes in CO2e 
Quantities Under Subpart I and Subpart L
    G. Relationship Between This Proposed Rule and Permitting 
Requirements
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 background information 
regarding the Greenhouse Gas Reporting Program (GHGRP) and information 
on when the amendments would become effective if finalized. This 
section also discusses the EPA's use of our legal authority under the 
Clean Air Act (CAA) to collect data under the Greenhouse Gas Reporting 
Rule at 40 CFR part 98, hereinafter referred to as the ``GHG Reporting 
Rule'' or ``Part 98.''
    The second section of this preamble describes in detail the changes 
that we are proposing, presents the EPA's rationale for the proposed 
changes, and identifies issues on which the EPA is particularly 
interested in receiving public comments.
    Finally, the third section of the preamble discusses the various 
statutory and executive order requirements applicable to this proposed 
rulemaking.

B. Background on the GHG Reporting Rule

    The GHG Reporting Rule was published in the Federal Register on 
October 30, 2009 (74 FR 56260). Part 98 became effective on December 
29, 2009, and requires reporting of GHGs from certain facilities and 
suppliers. The October 30, 2009 final rule established reporting 
requirements for 28 categories of GHG emitters and suppliers, including 
Suppliers of Industrial Greenhouse Gases (including producers, 
importers, and exporters of fluorinated GHGs), subpart OO. A notice 
finalizing reporting requirements for Magnesium Production, subpart T, 
was published on July 12, 2010 (75 FR 39736). A notice finalizing 
reporting requirements for the following categories was published on 
December 1, 2010 (75 FR 74774): Electronics Manufacturing, subpart I; 
Fluorinated Gas Production, subpart L; Electrical Transmission and 
Distribution Equipment Use, subpart DD; Importers and Exporters of 
Fluorinated Greenhouse Gases Contained in Pre-Charged Equipment or 
Closed-Cell Foams, subpart QQ; and Electrical Equipment Manufacture or 
Refurbishment, subpart SS.

C. Legal Authority

    The EPA is proposing these rule amendments under its existing CAA 
authority provided in CAA section 114. As stated in the preamble to the 
2009 final rule (74 FR 56260), CAA section 114 provides the EPA broad 
authority to require the information addressed in this proposed rule 
because such data would inform and are relevant to the EPA's carrying 
out a wide variety of CAA provisions.

D. When would these amendments apply?

    The EPA anticipates publishing a final rule based on this proposal 
in time for the final rule to be effective for the reporting of data 
gathered in 2014 (i.e., Reporting Year 2014), which must be reported to 
the EPA by March 31, 2015.

II. Proposed Amendments

A. Summary of Proposed Amendments

    The EPA is proposing to amend Table A-1 to subpart A of 40 CFR part 
98 (Table A-1), the compendium of GWPs used to calculate carbon-dioxide 
equivalents (CO2e) under the GHGRP, to add chemical-specific 
GWPs for 103 fluorinated GHGs. The proposed chemical-specific GWPs are 
primarily drawn from the Fifth Assessment Report (AR5) published by the 
Intergovernmental Panel on Climate Change (IPCC) in 2013, which is 
discussed further in Section II.B. of this preamble.\1\
---------------------------------------------------------------------------

    \1\ IPCC, 2013: Climate Change 2013: The Physical Science Basis. 
Contribution of Working Group I to the Fifth Assessment Report of 
the Intergovernmental Panel on Climate Change [Stocker, T.F., D. 
Qin, G.K. Plattner, M. Tignor, S.K. Allen, J. Boschung, A. Nauels, 
Y. Xia, V. Bex and P.M. Midgley (eds.)]. Cambridge University Press, 
Cambridge, United Kingdom and New York, NY, USA, 1535 pp.
---------------------------------------------------------------------------

    The EPA is also proposing to amend Table A-1 to add default GWPs 
for fluorinated GHGs and fluorinated HTFs for which peer-reviewed GWPs 
are not available. These default GWPs would be calculated and assigned 
based on fluorinated GHG group and would be based on the chemical-
specific GWPs for the compounds in Table A-1 as it would be amended 
under today's proposal.
    In addition, as discussed further in sections II.D. and II.E. of 
this preamble, we are proposing conforming changes to subparts I and L, 
which include their own default GWPs for purposes of certain 
CO2e calculations.
    This amendment would generally not affect the GWPs of the GHGs 
currently included in Table A-1.\2\ As discussed further in Section 
III.B of this preamble, we do not anticipate that finalizing the GWPs 
proposed in this action would

[[Page 44335]]

expand the set of facilities required to report under the Greenhouse 
Gas Reporting Rule. However, to allow for the possibility that some 
facilities or suppliers could become newly subject to one or more 
subparts of part 98 due to the addition of the GWPs, we are proposing 
special provisions for these facilities regarding the timing of 
reporting and the use of best available monitoring methods (BAMM).
---------------------------------------------------------------------------

    \2\ The sole exception is the GWP for sevoflurane, which is 
proposed to be amended here because a GWP for this chemical is 
available in AR5 but was not included in previous IPCC Assessment 
Reports.
---------------------------------------------------------------------------

    Except in the case of subpart L, which is discussed in Section 
II.D. of this preamble, reporters would not be required to resubmit 
their CO2e emissions for prior years. Instead, for 
facilities affected by this rulemaking, we would recalculate 
CO2e emissions for Reporting Years (RY) 2010-2013 and 
publish them in our Facility Level Information on Greenhouse Gases Tool 
(FLIGHT) using the most recent and comprehensive GWPs in Table A-1. 
This is the same approach that we finalized in the final rule entitled 
``2013 Revisions to the Greenhouse Gas Reporting Rule and Final 
Confidentiality Determinations for New or Substantially Revised Data 
Elements'' (78 FR 71904, November 29, 2013; hereinafter referred to as 
``final 2013 Revisions Rule''), except that this recalculation would 
occur in 2015 rather than 2014.

B. Background on GHGRP GWPs

    Table A-1 is a compendium of GWP values of certain GHGs that are 
required to be reported under one or more subparts of the Greenhouse 
Gas Reporting Rule. These GWPs are used to convert tons of chemical 
into tons of CO2-equivalent (CO2e) for purposes 
of various calculations and reporting under the rule. As indicated in 
the Federal Register notice for the final Part 98 (74 FR 56348), it is 
the EPA's intent to periodically update Table A-1 as GWPs are evaluated 
or reevaluated by the scientific community. This will provide a more 
accurate and complete account of the atmospheric impacts of GHG 
emissions and supplies.
    GWPs that have been newly evaluated or reevaluated in the peer-
reviewed scientific literature are periodically consolidated and 
published by the IPCC. The initial Table A-1 finalized in the 2009 
Greenhouse Gas Reporting Rule included GWP values from the Second 
Assessment Report (SAR) and, for gases that were not included in SAR, 
from the Fourth Assessment Report \3\ (hereinafter referred to as 
``IPCC AR4'' or ``AR4''). (In addition, Table A-1 included a GWP for 
one fluorinated GHG that had been published in the peer-reviewed 
literature but not an IPCC report, the GWP for sevoflurane.) \4\ The 
IPCC recently published AR5, which contains GWPs for a number of 
fluorinated GHGs that were not included in either SAR or AR4.
---------------------------------------------------------------------------

    \3\ IPCC Fourth Assessment Report (AR4), 2007. Climate Change 
2007: The Physical Science Basis. Contribution of Working Group I to 
the Fourth Assessment Report of the Intergovernmental Panel on 
Climate Change [Core Writing Team, Pachauri, R.K and Reisinger, A. 
(eds.)]. IPCC, Geneva, Switzerland, 104 pp.
    \4\ Langbein, T., H. Sonntag, D. Trapp, A. Hoffmann, W. Malms, 
E.-P. R[ouml]th, V. M[ouml]rs and R. Zellner (1999). ``Volatile 
anaesthetics and the atmosphere: atmospheric lifetimes and 
atmospheric effects of halothane, enflurane, isoflurane, desflurane 
and sevoflurane.'' British Journal of Anaesthetics 82 (1): 66-73, 
discussed in the Technical Support Document for Industrial Gas 
Supply: Production, Transformation, and Destruction of Fluorinated 
GHGs and N2O, Office of Air and Radiation, USEPA, 
February 6, 2009.
---------------------------------------------------------------------------

    The scope of the fluorinated compounds reported under the GHGRP is 
established by the definition of ``fluorinated GHG'' at 40 CFR 98.6 
(and, for subpart I, ``fluorinated HTF'' at 40 CFR 98.98), rather than 
by inclusion in Table A-1. The EPA therefore receives reports of 
emissions and supplies for a number of fluorinated compounds that have 
not had GWPs included in Table A-1.\5\ At present, these supplies, and 
a large fraction of these emissions, are assigned a GWP of zero for 
purposes of GHGRP calculations and reporting, including threshold 
determinations.\6\
---------------------------------------------------------------------------

    \5\ Such reports have been received under subparts I, L, OO, and 
QQ.
    \6\ For most subparts, including subparts I, OO, and QQ, 
reporters are required to report CO2e only for 
fluorinated GHGs listed in Table A-1. Subpart I includes a default 
GWP of 2,000 for purposes of various calculations (but not 
reporting) as discussed in section II.E. of this preamble. Subpart L 
includes default GWPs of 2,000 and 10,000 for purposes of both 
calculations and reporting. Under the amendments to subpart L 
discussed below, these two default GWPs would be replaced by five 
default GWPs.
---------------------------------------------------------------------------

1. Recent Actions Related to GHGRP GWPs
    The EPA has recently undertaken several efforts to improve the 
quality and completeness of the GWPs used to calculate and report 
emissions under the GHGRP. On November 29, 2013, we published the final 
2013 Revisions Rule. That rule amended Table A-1 to update the GWPs for 
GHGs included in AR4 to the AR4 values. The revisions improved the 
quality of reported CO2e emissions and supply by reflecting 
improved scientific understanding (since the publication of SAR) of the 
radiative forcing and atmospheric lifetimes of the GHGs that have GWPs 
in AR4. In addition, for those GHGs, the revisions ensured 
comparability of data collected in the GHGRP to the Inventory of U.S. 
Greenhouse Gas Emissions and Sinks that the EPA compiles annually to 
meet international commitments under the United Nations Framework 
Convention on Climate Change (UNFCCC). Countries that submit GHG 
inventories under the UNFCCC have decided to use AR4 GWPs for the GHGs 
that have AR4 GWPs, beginning with the inventories submitted in 
2015.\7\
---------------------------------------------------------------------------

    \7\ As discussed in the notices for the proposed and final 2013 
Revisions Rule, the IPCC publishes Scientific Assessment Reports, 
including updated and expanded sets of GWPs, approximately every six 
years. The countries that submit annual GHG inventories under the 
UNFCCC update the GWPs that they use for those inventories less 
frequently. For example, the GWPs from the IPCC SAR have been used 
for UNFCCC reporting for over a decade.
---------------------------------------------------------------------------

    In the proposed 2013 Revisions Rule, we proposed to adopt GWPs for 
26 additional fluorinated GHGs not included in Table A-1 or AR4. The 
EPA received comments on the proposed 2013 Revisions Rule stating that 
we should not include GWPs in Table A-1 for compounds that are not 
included in an IPCC report or peer reviewed. We did not include these 
GWPs in the final 2013 Revisions Rule because we agreed with commenters 
that we needed additional time to evaluate our approach to assigning 
GWPs for compounds not included in AR4. In the preamble to the final 
rule, we noted that we might address these compounds in a separate 
future action.
    On April 5, 2013, we published a Notice of Data Availability (NODA) 
(78 FR 20632) regarding another 43 fluorinated GHGs and HTFs whose GWPs 
were not included in Table A-1.\8\ The NODA announced to the public the 
following: (1) The availability of estimated GWPs for eight of these 
compounds, as well as data and analysis submitted in support of these 
values, and (2) the availability of approximate GWPs and/or chemical 
structure information for another 35 compounds, for whose GWPs we did 
not possess supporting data and analysis. We requested and received 
comment on this information.
---------------------------------------------------------------------------

    \8\ We had not included these compounds in the proposed 2013 
Revisions Rule because documentation for GWPs for these compounds 
was limited at the time that the proposal was being prepared. We 
subsequently received more documentation from the compounds' 
manufacturers.
---------------------------------------------------------------------------

    On November 18, 2013, we proposed amendments to subpart L, 
Fluorinated Gas Production, that included an amendment to establish 
within subpart L a new set of default GWPs by fluorinated GHG group for 
the emissions calculated and reported under that subpart (78 FR 69337; 
hereinafter referred to as ``proposed amendments to subpart L''). The 
proposed set of five default GWPs would replace the current

[[Page 44336]]

set of two default GWPs in subpart L that are applied to fluorinated 
GHGs that are not included in Table A-1, which would increase the 
precision and accuracy of calculated CO2e emissions. We 
requested and received comments on the proposed fluorinated GHG groups 
and associated default GWPs included in the proposed amendments to 
subpart L.
2. Summary of Comments Related to Addition of GWPs
    The EPA received five comments on the NODA and five comments on the 
proposed 2013 Revisions Rule that were related to the proposed addition 
of the GWPs for 26 fluorinated GHGs. A detailed summary of and response 
to all comments received on the proposed 2013 Revisions Rule is 
provided in the docket for that final rule (EPA-HQ-OAR-2012-0934). We 
are presenting an overview here because some of those comments have 
also informed the approach we are proposing under this rule for 
establishing chemical-specific and default GWPs for additional 
fluorinated GHGs in Table A-1. We also received three comments on the 
proposed amendments to subpart L that were related to the proposed 
addition of GWPs to Table A-1. We discuss those comments in this notice 
to the extent relevant to the approach we are proposing in this action.
    Several commenters on the actions noted above supported adding GWPs 
to Table A-1 for the compounds included in the proposed 2013 Revisions 
Rule and NODA. Commenters stated that to characterize emissions and 
trends effectively, it is important for the EPA to use the most recent 
and accurate GWP values available. Other commenters stated that the EPA 
should add new GWPs to Table A-1 only after these GWPs have been 
included in an IPCC Scientific Assessment Report. They argued that GWPs 
that have been published in IPCC reports are less likely to change over 
time, and are likely to change less significantly, than GWPs that have 
been derived through ``a less rigorous scientific process.''

C. Today's Proposed Rule

1. General Approach To Addition of GWPs to Table A-1
    As noted in the final 2013 Revisions Rule, the EPA intends to weigh 
multiple considerations in updating the set of GWPs used under the 
GHGRP. These include the accuracy of the GWPs, the consistency of those 
GWPs with the GWPs used in other national and international programs, 
the predictability and stability of the GWPs, the source of the GWPs, 
and the impacts of those GWPs on other regulatory programs. We are 
weighing these considerations for this proposed rule as we did in 
developing the final 2013 Revisions Rule. However, there is an 
important difference between the two rules. In the final 2013 Revisions 
Rule, we weighed these considerations primarily in the context of 
updating the GWPs for GHGs that were already listed in Table A-1. In 
this proposed rule, we are weighing these considerations in the context 
of proposing to add GWPs for GHGs that are not presently included in 
Table A-1. For such GHGs, the improvement in accuracy associated with 
listing a GWP in Table A-1 is likely to be large, because the 
alternative is generally to continue to assign these GHGs a GWP of zero 
for purposes of the calculations and reporting under the GHGRP. 
Moreover, such GHGs are not included in AR4; thus, using GWPs from 
other sources does not introduce inconsistencies for purposes of UNFCCC 
reporting.
    The EPA is proposing to add chemical-specific and default GWPs to 
Table A-1 to balance and carry out the goals listed above as 
efficiently and effectively as possible. For the chemical-specific GWPs 
that would be added to Table A-1, we are proposing to rely on AR5 and, 
in one case, on AR4. For the default GWPs, we are proposing to rely on 
GWPs from AR5 and AR4, supplemented by consideration of atmospheric 
lifetimes and radiative efficiencies from the peer-reviewed literature.
a. General Approach to Chemical-Specific GWPs
    For the fluorinated GHGs that do not have GWPs listed in AR4, but 
that do have GWPs listed in AR5, we are proposing through this action 
to adopt the chemical-specific GWPs in AR5. This approach would ensure 
that, for this set of GHGs, the GWPs used by the GHGRP would be 
consistent with the most recent international scientific consensus. As 
discussed above, in the final 2013 Revisions Rule, we adopted AR4 GWPs 
for the GHGs that were included in AR4. We noted that where reporting 
under the UNFCCC is linked to an older report (e.g., AR4 for the GHGs 
with GWPs listed in AR4), use of the GWPs from a newer report would 
introduce inconsistencies between the GWPs used in the GHGRP and those 
used in the U.S. Inventory of Greenhouse Gas Emissions and Sinks. 
However, where UNFCCC reporting is not linked to an older report, such 
inconsistencies are not a concern. In fact, adopting the AR5 GWPs would 
facilitate U.S. reporting under the UNFCCC Reporting Guidelines, which 
state: ``Annex I Parties are strongly encouraged to also report 
emissions and removals of additional GHGs, such as hydrofluoroethers 
(HFEs), perfluoropolyethers (PFPEs), and other gases for which 100-year 
global warming potential values are available from the IPCC but have 
not yet been adopted by the [Conference of the Parties to the 
UNFCCC].'' \9\
---------------------------------------------------------------------------

    \9\ Guidelines for the preparation of national communications by 
Parties included in Annex I to the Convention, Part I:UNFCCC 
reporting guidelines on annual greenhouse gas inventories, FCCC/CP/
2013/10/Add.3.
---------------------------------------------------------------------------

    To list chemical-specific GWPs on Table A-1, the EPA believes that 
it is appropriate to require that these GWPs have been published in a 
peer-reviewed scientific journal. This helps to ensure that the data 
and methods used to evaluate the GWPs are consistent with current 
scientific good practice and thereby helps to ensure that the resulting 
GWPs are accurate. The EPA acknowledges that, in some cases, this will 
prevent the listing of GWPs that have not been published in the peer-
reviewed literature but that may nevertheless be reasonably accurate. 
For example, eight of the GWPs discussed in the NODA and 11 of the GWPs 
that we proposed in the proposed 2013 Revisions Rule were supported by 
some data and analysis; however, we are not proposing these GWPs in 
this action because they have not been published in the peer-reviewed 
literature. We consider it important to adopt a clear, widely accepted 
criterion of scientific acceptance for including chemical-specific GWPs 
on Table A-1, which is intended to serve as the compendium of chemical-
specific GWPs for the GHGRP. We believe that publication in a peer-
reviewed scientific journal meets this standard.
    The chief concern raised by requiring that chemical-specific GWPs 
on Table A-1 be peer-reviewed is that omission of a GWP that may be 
somewhat inaccurate could lead to the use of an effective GWP (zero) 
that is known to be very inaccurate. We believe that concern is 
addressed by the proposed establishment of default GWPs, discussed 
below.
    Our proposal to adopt GWPs from a newer IPCC Assessment Report 
(AR5) for compounds not listed in the older IPCC Assessment Report 
required for UNFCCC reporting (AR4) is consistent with the approach we 
took in the original Table A-1. At the time we created the original 
Table A-1, the IPCC had already issued AR4, but the UNFCCC reporting 
guidelines required

[[Page 44337]]

use of the GWPs in the IPCC SAR for compounds listed in that report. As 
discussed above, the original Table A-1 included GWPs from the SAR for 
the GHGs that had GWPs in the SAR and GWPs from AR4 for the GHGs that 
did not have GWPs in the SAR but did in AR4 (e.g., NF3). 
This ensured that the chemical-specific GWPs were both consistent with 
those used for UNFCCC reporting and as accurate and complete as 
practicable. Table A-1 also included a peer-reviewed GWP for a GHG that 
did not have a GWP in either the SAR or AR4 (sevoflurane). While we are 
not proposing in this action to add chemical-specific GWPs for GHGs 
that do not have a GWP in either of the most recent assessment reports, 
we may propose such additions in a future action.
b. General Approach To Default GWPs
    Even with the addition of the AR5 GWPs, a significant share of the 
fluorinated GHG and HTF emissions and supplies reported under the GHGRP 
would not have chemical-specific GWPs included in Table A-1. We are 
proposing default GWPs to ensure that the atmospheric impacts of these 
fluorinated GHGs and HTFs are reflected in facility calculations and 
CO2e emissions totals. Otherwise, an effective GWP of zero 
would continue to underestimate the atmospheric impacts of the 
fluorinated GHGs or HTFs emitted or supplied, which could lead to a 
significant underestimate of facility CO2e emissions as a 
whole.
    Such underestimates lead to inconsistencies between facilities and 
industries in terms of the completeness of the CO2e 
emissions calculated and reported. It is important for the EPA to 
assign GWPs to all GHGs in order to understand the potential impact of 
certain sectors and facilities, compare emissions, and provide 
consistency and transparency with respect to emissions across the 
program.
    In addition to these benefits, establishing default GWPs would 
increase the long-term stability and predictability of the GWPs used 
under the GHGRP. As chemical-specific GWPs for GHGs were developed, 
peer reviewed, and added to Table A-1, the change from each default GWP 
to the chemical-specific GWP would likely be considerably smaller than 
the change from zero to the chemical-specific GWP. This would greatly 
reduce the magnitude of any future revisions to or inconsistencies in 
the time series of CO2e emissions. At the same time, having 
a default GWP for each GHG may allow the EPA to update Table A-1 less 
frequently because the default would reduce the error in 
CO2e estimates that presently arises from not having a 
chemical-specific GWP for that GHG on Table A-1.
2. Addition of Chemical-Specific GWPs for 103 Compounds and Update of 
GWP for Sevoflurane
    We are proposing to amend Table A-1 to Subpart A of Part 98 to add 
peer-reviewed GWPs for the 103 compounds listed in Table 2 of this 
preamble. To reflect the latest scientific consensus regarding 
fluorinated GHGs that do not have GWPs in AR4, we are proposing to 
adopt the GWPs provided for 102 of these 103 compounds in Table 8.A.1 
of AR5.\10\
---------------------------------------------------------------------------

    \10\ The EPA had previously proposed GWPs for 15 of these 
compounds in the proposed 2013 Revisions Rule, but since that rule 
was proposed, updated GWPs for these 15 compounds have been 
published in AR5. The other 11 compounds for which we proposed GWPs 
in the proposed 2013 Revisions Rule have not had GWPs published in 
the peer-reviewed literature; under this proposed rule, these 
compounds would be assigned default GWPs. A table specifying these 
chemicals and showing the default GWPs that would be assigned to 
them (as well as the chemicals whose cited GWPs were listed in the 
NODA) is available in the docket for this rulemaking.

                       Table 2--Chemical-Specific GWPs Proposed for Addition to Table A-1
----------------------------------------------------------------------------------------------------------------
                                                                                                   AR5 GWP  (100
      Common or trade name           Chemical name(s)         CAS No.        Chemical formula          year)
----------------------------------------------------------------------------------------------------------------
                                                 Saturated HFCs
----------------------------------------------------------------------------------------------------------------
HFC-227ca......................  1,1,1,2,2,3,3-                2252-84-8  CF3CF2CHF2............            2640
                                  Heptafluoropropane.
HFC-245cb......................  1,1,1,2,2-                    1814-88-6  CF3CF2CH3.............            4620
                                  Pentafluoropropane.
HFC-245ea......................  1,1,2,3,3-                   24270-66-4  CHF2CHFCHF2...........             235
                                  Pentafluoropropane.
HFC-245eb......................  1,1,1,2,3-                     431-31-2  CH2FCHFCF3............             290
                                  Pentafluoropropane.
HFC-263fb......................  1,1,1-Trifluoropropane.        421-07-8  CH3CH2CF3.............              76
HFC-272ca......................  2,2-Difluoropropane....        420-45-1  CH3CF2CH3.............             144
HFC-329p.......................  1,1,1,2,2,3,3,4,4-             375-17-7  CHF2CF2CF2CF3.........            2360
                                  Nonafluorobutane.
----------------------------------------------------------------------------------------------------------------
                                                 Saturated PFCs
----------------------------------------------------------------------------------------------------------------
PFC-6-1-12.....................  Hexadecafluoroheptane..        335-57-9  C7F16; CF3(CF2)5CF3...            7820
PFC-7-1-18.....................  Octadecafluorooctane...        307-34-6  C8F18; CF3(CF2)6CF3...            7620
                                 Perfluorodecalin (cis).      60433-11-6  Z-C10F18..............            7240
                                 Perfluorodecalin             60433-12-7  E-C10F18..............            6290
                                  (trans).
----------------------------------------------------------------------------------------------------------------
                                                 Saturated HFEs
                                            Partially Segregated HFEs
----------------------------------------------------------------------------------------------------------------
HFE-263m1; R-E-143a............  1,1,2,2-Tetrafluoro-1-         690-22-2  CF3OCH2CH3............              29
                                  (trifluoromethoxy)etha
                                  ne.
HFE-365mcf2....................  1-Ethoxy-1,1,2,2,2-          22052-81-9  CF3CF2OCH2CH3.........              58
                                  pentafluoroethane.
HG'-01.........................  1,1,2,2-Tetrafluoro-1,2-     73287-23-7  CH3OCF2CF2OCH3........             222
                                  dimethoxyethane.
HG'-02.........................  1,1,2,2-Tetrafluoro-1-      485399-46-0  CH3O(CF2CF2O)2CH3.....             236
                                  methoxy-2-(1,1,2,2-
                                  tetrafluoro-2-
                                  methoxyethoxy)ethane.
HG'-03.........................  3,3,4,4,6,6,7,7,9,9,10,     485399-48-2  CH3O(CF2CF2O)3CH3.....             221
                                  10-Dodecafluoro-
                                  2,5,8,11-
                                  tetraoxadodecane.
                                 Difluoro(methoxy)methan        359-15-9  CH3OCHF2..............             144
                                  e.
                                 2-Chloro-1,1,2-                425-87-6  CH3OCF2CHFCl..........             122
                                  trifluoro-1-
                                  methoxyethane.
                                 1-Ethoxy-1,1,2,2,3,3,3-      22052-86-4  CF3CF2CF2OCH2CH3......              61
                                  heptafluoropropane.
                                 2-Ethoxy-3,3,4,4,5-         920979-28-8  C12H5F19O2............              56
                                  pentafluorotetrahydro-
                                  2,5-bis [1,2,2,2-
                                  tetrafluoro-1-
                                  (trifluoromethyl)ethyl
                                  ]-furan.
                                 1-Ethoxy-1,1,2,3,3,3-          380-34-7  CF3CHFCF2OCH2CH3......              23
                                  hexafluoropropane.
                                 Fluoro(methoxy)methane.        460-22-0  CH3OCH2F..............              13

[[Page 44338]]

 
                                 1,1,2,2-Tetrafluoro-3-       60598-17-6  CHF2CF2CH2OCH3........            0.49
                                  methoxy-propane;
                                  Methyl 2,2,3,3-
                                  tetrafluoropropyl
                                  ether.
----------------------------------------------------------------------------------------------------------------
                                               Non-Segregated HFEs
----------------------------------------------------------------------------------------------------------------
HCFE-235ca2; enflurane.........  2-Chloro-1-                  13838-16-9  CHF2OCF2CHFCl.........             583
                                  (difluoromethoxy)-
                                  1,1,2-trifluoroethane.
HFE-236ca......................  1-(Difluoromethoxy)-         32778-11-3  CHF2OCF2CHF2..........            4240
                                  1,1,2,2-
                                  tetrafluoroethane.
HFE-329me3.....................  1,1,1,2,3,3-Hexafluoro-     428454-68-6  CF3CFHCF2OCF3.........            4550
                                  3-
                                  (trifluoromethoxy)prop
                                  ane.
HFE-347mmz1; Sevoflurane.......  2-(Difluoromethoxy)-         28523-86-6  (CF3)2CHOCHF2.........             216
                                  1,1,1,3,3,3-
                                  hexafluoropropane.
HFE-356mff2....................  bis(2,2,2-                     333-36-8  CF3CH2OCH2CF3.........              17
                                  trifluoroethyl) ether.
HG-02..........................  1-(Difluoromethoxy)-2-      205367-61-9  HF2C-(OCF2CF2)2-OCF2H.            2730
                                  (2-(difluoromethoxy)-
                                  1,1,2,2-
                                  tetrafluoroethoxy)-
                                  1,1,2,2-
                                  tetrafluoroethane.
HG-03..........................  1,1,3,3,4,4,6,6,7,7,9,9     173350-37-3  HF2C-(OCF2CF2)3-OCF2H.            2850
                                  ,10,10,12,12-
                                  Hexadecafluoro-
                                  2,5,8,11-
                                  tetraoxadodecane.
HG-20..........................  (Difluoromethoxy)((difl     249932-25-0  HF2C-(OCF2)2-OCF2H....            5300
                                  uoromethoxy)
                                  difluoromethoxy)
                                  difluoromethane.
HG-21..........................  1,1,3,3,5,5,7,7,8,8,10,     249932-26-1  HF2C-OCF2CF2OCF2OCF2O-            3890
                                  10-Dodecafluoro-                         CF2H.
                                  2,4,6,9-tetraoxadecane.
HG-30..........................  1,1,3,3,5,5,7,7,9,9-        188690-77-9  HF2C-(OCF2)3-OCF2H....            7330
                                  Decafluoro-2,4,6,8-
                                  tetraoxanonane.
                                 1,1,1,2,2,3,3-                3330-15-2  CF3CF2CF2OCHFCF3......            6490
                                  Heptafluoro-3-(1,2,2,2-
                                  tetrafluoroethoxy)-
                                  propane.
                                 1,1'-Oxybis[2-              205367-61-9  HCF2O(CF2CF2O)2CF2H...            4920
                                  (difluoromethoxy)-
                                  1,1,2,2-
                                  tetrafluoroethane.
                                 1,1,3,3,4,4,6,6,7,7,9,9     173350-37-3  HCF2O(CF2CF2O)3CF2H...            4490
                                  ,10,10,12,12-
                                  hexadecafluoro-
                                  2,5,8,11-
                                  Tetraoxadodecane.
                                 1,1,3,3,4,4,6,6,7,7,9,9     173350-38-4  HCF2O(CF2CF2O)4CF2H...            3630
                                  ,10,10,12,12,13,13,15,
                                  15- eicosafluoro-
                                  2,5,8,11,14-
                                  Pentaoxapentadecane.
                                 1,1,2-Trifluoro-2-           84011-06-3  CHF2CHFOCF3...........            1240
                                  (trifluoromethoxy)-
                                  ethane.
                                 1,1,2,2-Tetrafluoro-1-       37031-31-5  CH2FOCF2CF2H..........             871
                                  (fluoromethoxy)ethane.
                                 Trifluoro                     2261-01-0  CH2FOCF3..............             751
                                  (fluoromethoxy)
                                  methane.
                                 Difluoro(fluoromethoxy)        461-63-2  CH2FOCHF2.............             617
                                  methane.
                                 Fluoro (fluoromethoxy)         462-51-1  CH2FOCH2F.............             130
                                  methane.
----------------------------------------------------------------------------------------------------------------
                                              Unsaturated Compounds
                                     Unsaturated HFCs and Unsaturated HCFCs
----------------------------------------------------------------------------------------------------------------
HFC-1132a; VF2.................  vinylidiene fluoride...         75-38-7  C2H2F2, CF2=CH2.......            0.04
HFC-1141; VF...................  vinyl fluoride.........         75-02-5  C2H3F, CH2=CHF........            0.02
(E)-HFC-1225ye.................  (E)-1,2,3,3,3-                5595-10-8  CF3CF=CHF(E)..........            0.06
                                  Pentafluoroprop-1-ene.
(Z)-HFC-1225ye.................  (Z)-1,2,3,3,3-                5528-43-8  CF3CF=CHF(Z)..........            0.22
                                  Pentafluoroprop-1-ene.
Solstice 1233zd(E).............  trans-1-chloro-3,3,3-       102687-65-0  C3H2ClF3;.............            1.34
                                  trifluoroprop-1-ene.                    CHCl=CHCF3............
HFC-1234yf; HFO-1234yf.........  2,3,3,3-Tetrafluoroprop-       754-12-1  C3H2F4; CF3CF=CH2.....            0.31
                                  1-ene.
HFC-1234ze(E)..................  (E)-1,3,3,3-                  1645-83-6  C3H22F4; cis-CF3CH=CHF            0.97
                                  Tetrafluoroprop-1-ene.
HFC-1234ze(Z)..................  (Z)-1,3,3,3-                 29118-25-0  C3H2F4; trans-                    0.29
                                  Tetrafluoroprop-1-ene.                   CF3CH=CHF;
                                                                           CF3CH=CHF(Z).
HFC-1243zf; TFP................  trifluoro propene              677-21-4  C3H3F3,CF3CH=CH2......            0.12
                                  (TFP); 3,3,3-
                                  Trifluoroprop-1-ene.
(Z)-HFC-1336...................  (Z)-1,1,1,4,4,4-               692-49-9  CF3CH=CHCF3(Z)........            1.58
                                  Hexafluorobut-2-ene.
HFO-1345zfc....................  3,3,4,4,4-                     374-27-6  C2F5CH=CH2............            0.09
                                  Pentafluorobut-1-ene.
Capstone 42-U..................  perfluorobutyl ethene        19430-93-4  C6H3F9,CF3(CF2)                   0.16
                                  (42-U);                                  3CH=CH2.
                                  3,3,4,4,5,5,6,6,6-
                                  Nonafluorohex-1-ene.
Capstone 62-U..................  perfluorohexyl ethene        25291-17-2  C8H3F13,CF3(CF2)5CH=CH            0.11
                                  (62-U);                                  2.
                                  3,3,4,4,5,5,6,6,7,7,8,
                                  8,8-Tridecafluorooct-1-
                                  ene.
Capstone 82-U..................  perfluorooctyl ethene        21652-58-4  C10H3F17,CF3(CF2)7CH=C            0.09
                                  (82-U);                                  H2.
                                  3,3,4,4,5,5,6,6,7,7,8,
                                  8,9,9,10,10,10-
                                  Heptadecafluorodec-1-
                                  ene.
----------------------------------------------------------------------------------------------------------------
                                                Unsaturated PFCs
----------------------------------------------------------------------------------------------------------------
PFC-1114; TFE..................  tetrafluoroethylene            116-14-3  CF2=CF2; C2F4.........           0.004
                                  (TFE); Perfluoroethene.
PFC-1216; Dyneon HFP...........  hexafluoropropylene            116-15-4  C3F6; CF3CF=CF2.......            0.05
                                  (HFP);
                                  Perfluoropropene.
PFC C-1418.....................  Perfluorocyclopentene;         559-40-0  c-C5F8................            1.97
                                  Octafluorocyclopentene.
                                 Perfluorobut-2-ene.....        360-89-4  CF3CF=CFCF3...........            1.82
                                 Perfluorobut-1-ene.....        357-26-6  CF3CF2CF=CF2..........            0.10
                                 Perfluorobuta-1,3-diene        685-63-2  CF2=CFCF=CF2..........           0.003
----------------------------------------------------------------------------------------------------------------
                                         Unsaturated Halogenated Ethers
----------------------------------------------------------------------------------------------------------------
PMVE; HFE-216..................  perfluoromethyl vinyl         1187-93-5  CF3OCF[thinsp]=[thinsp            0.17
                                  ether (PMVE).                            ]CF2.
Fluoroxene.....................  (2,2,2-Trifluoroethoxy)        406-90-6  CF3CH2OCH=CH2.........            0.05
                                  ethene.
----------------------------------------------------------------------------------------------------------------

[[Page 44339]]

 
                                           Other Short-Lived Compounds
                                                     Ketones
----------------------------------------------------------------------------------------------------------------
Novec 1230.....................  FK-5-1-12                      756-13-8  CF3CF2C(O)CF (CF3)2...             0.1
                                  Perfluoroketone; FK-5-
                                  1-12myy2; perfluoro(2-
                                  methyl-3-pentanone).
----------------------------------------------------------------------------------------------------------------
                                              Fluorinated Aldehydes
----------------------------------------------------------------------------------------------------------------
                                 3,3,3-Trifluoro-               460-40-2  CF3CH2CHO.............            0.01
                                  propanal.
----------------------------------------------------------------------------------------------------------------
                                             Fluorotelomer Alcohols
----------------------------------------------------------------------------------------------------------------
                                 3,3,4,4,5,5,6,6,7,7,7-      185689-57-0  CF3(CF2)4CH2CH2OH.....            0.43
                                  Undecafluoroheptan-1-
                                  ol.
                                 3,3,3-Trifluoropropan-1-      2240-88-2  CF3CH2CH2OH...........            0.35
                                  ol.
                                 3,3,4,4,5,5,6,6,7,7,8,8        755-02-2  CF3(CF2)6CH2CH2OH.....            0.33
                                  ,9,9,9-
                                  Pentadecafluorononan-1-
                                  ol.
                                 3,3,4,4,5,5,6,6,7,7,8,8      87017-97-8  CF3(CF2)8CH2CH2OH.....            0.19
                                  ,9,9,10,10,11,11,11-
                                  Nonadecafluoroundecan-
                                  1-ol.
----------------------------------------------------------------------------------------------------------------
                               Compounds including one or more carbon-iodine bonds
----------------------------------------------------------------------------------------------------------------
                                 Trifluoroiodomethane...       2314-97-8  CF3I..................         \a\ 0.4
----------------------------------------------------------------------------------------------------------------
                                                 Other Compounds
----------------------------------------------------------------------------------------------------------------
                                 Trifluoromethyl formate      85358-65-2  HCOOCF3...............             588
                                 Perfluoroethyl formate.     313064-40-3  HCOOCF2CF3............             580
                                 1,2,2,2-                    481631-19-0  HCOOCHFCF3............             470
                                  Tetrafluoroethyl
                                  formate.
                                 Perfluorobutyl formate.     197218-56-7  HCOOCF2CF2CF2CF3......             392
                                 Perfluoropropyl formate     271257-42-2  HCOOCF2CF2CF3.........             376
                                 1,1,1,3,3,3-                856766-70-6  HCOOCH(CF3)2..........             333
                                  Hexafluoropropan-2-yl
                                  formate.
Halon 1202.....................  Dibromodifluoromethane.         75-61-6  CBr2F2................             231
                                 1,1,1,3,3,3-                   920-66-1  (CF3)2CHOH............             182
                                  Hexafluoropropan-2-ol.
                                 Methyl                        1538-06-3  FCOOCH3...............              95
                                  carbonofluoridate.
                                 Methyl 2,2,2-                  431-47-0  CF3COOCH3.............              52
                                  trifluoroacetate.
Halon-2311; Halothane..........  2-Bromo-2-chloro-1,1,1-        151-67-7  CHBrClCF3.............              41
                                  trifluoroethane.
                                 2,2,3,3,4,4,4-                 375-01-9  C3F7CH2OH.............              34
                                  Heptafluorobutan-1-ol.
                                 2,2,2-Trifluoroethyl         32042-38-9  HCOOCH2CF3............              33
                                  formate.
                                 1,1-Difluoroethyl 2,2,2-   1344118-13-3  CF3COOCF2CH3..........              31
                                  trifluoroacetate.
                                 Difluoromethyl 2,2,2-         2024-86-4  CF3COOCHF2............              27
                                  trifluoroacetate.
                                 1,1-Difluoroethyl          1344118-11-1  FCOOCF2CH3............              27
                                  carbonofluoridate.
                                 2,2,2-Trifluoroethanol.         75-89-8  CF3CH2OH..............              20
                                 2,2,3,3,3-                     422-05-9  CF3CF2CH2OH...........              19
                                  Pentafluoropropan-1-ol.
                                 2,2,3,4,4,4-Hexafluoro-        382-31-0  CF3CHFCF2CH2OH........              17
                                  1-butanol.
                                 3,3,3-Trifluoropropyl      1344118-09-7  HCOOCH2CH2CF3.........              17
                                  formate.
                                 2,2,3,3,4,4,4-                 375-01-9  CF3CF2CF2CH2OH........              16
                                  Heptafluoro-1-butanol.
                                 2,2,3,3-Tetrafluoro-1-          76-37-9  CHF2CF2CH2OH..........              13
                                  propanol.
                                 2,2,2-Trifluoroethyl           407-38-5  CF3COOCH2CF3..........               7
                                  2,2,2-trifluoroacetate.
                                 Methyl 2,2-                    433-53-4  HCF2COOCH3............               3
                                  difluoroacetate.
                                 2,2-Difluoroethanol....        359-13-7  CHF2CH2OH.............               3
                                 Perfluoroethyl acetate.     343269-97-6  CH3COOCF2CF3..........             2.1
                                 Trifluoromethyl acetate      74123-20-9  CH3COOCF3.............             2.0
                                 Perfluoropropyl acetate    1344118-10-0  CH3COOCF2CF2CF3.......             1.8
                                 Perfluorobutyl acetate.     209597-28-4  CH3COOCF2CF2CF2CF3....             1.6
                                 Ethyl 2,2,2-                   383-63-1  CF3COOCH2CH3..........             1.3
                                  trifluoroacetate.
                                 2-Fluoroethanol........        371-62-0  CH2FCH2OH.............             1.1
                                 4,4,4-Trifluorobutan-1-        461-18-7  CF3(CH2) 2CH2OH.......            0.05
                                  ol.
----------------------------------------------------------------------------------------------------------------
\a\AR4.

    In their compilation of the GWPs available in the scientific peer-
reviewed literature for fluorinated GHGs, the authors of AR5 relied on 
the article ``Global Warming Potentials and Radiative Efficiencies of 
Halocarbons and Related Compounds: A Comprehensive Review'' 
(hereinafter referred to as the ``Comprehensive Review'').\11\ The 
Comprehensive Review refined and adjusted the GWPs that had been 
previously published for the fluorinated GHGs, for example updating 
them to reflect the most recent consensus absolute global warming 
potential of CO2, to which all other GWPs are indexed. One 
set of adjustments is of particular interest for the 13 short-lived 
compounds for which the EPA previously proposed to add GWPs in the 
proposed 2013 Revisions Rule. These are adjustments to the radiative 
efficiencies of short-lived compounds to better account for the fact 
that such compounds are not well mixed in the atmosphere. As discussed 
in the proposed 2013 Revisions Rule, GWPs estimated for short-lived 
compounds are often based on the assumption that the compounds are well 
mixed in the atmosphere, and this assumption can lead to overestimated 
GWPs.\12\ This expectation was

[[Page 44340]]

confirmed by the adjustments made in the Comprehensive Review, which 
significantly lowered the estimated GWPs of the short-lived compounds 
compared to those that were proposed in the proposed 2013 Revisions 
Rule. The GWPs for short-lived compounds that we are proposing to adopt 
from AR5 reflect these adjustments.
---------------------------------------------------------------------------

    \11\ Hodnebrog, [Oslash]., M. Etminan, J.S. Fuglestvedt, G. 
Marston, G. Myhre, C.J. Nielsen, K.P. Shine, and T.J. Wallington. 
``Global Warming Potentials and Radiative Efficiencies of 
Halocarbons and Related Compounds: A Comprehensive Review,'' Reviews 
of Geophysics, Accepted manuscript online: 24 April 2013.
    \12\ However, as noted in the proposed 2013 Revisions Rule, the 
absolute error (i.e., error in total CO2e) associated 
with this overestimate is expected to be small when the GWP itself 
is small, which is generally the case for GHGs with atmospheric 
lifetimes of a few days or weeks (78 FR 19813).
---------------------------------------------------------------------------

    AR5 expresses the GWPs of many short-lived compounds as ``<1.'' To 
allow calculations of CO2e, which require a point estimate 
of each compound's GWP, we have calculated more precise GWPs for these 
compounds based on the radiative efficiencies and atmospheric lifetimes 
provided for the compounds in AR5. Table 2 of this preamble lists the 
precise GWPs. We are also considering the option of assigning a GWP of 
``1'' to these compounds. While using a GWP of 1 would lead to an 
overestimate of CO2e emissions, this overestimate would be 
extremely small in most cases, and using a GWP of 1 would simplify 
calculations. We specifically request comment on whether we should 
assign the precise GWP (e.g., 0.12 for trifluoropropene) or ``1'' in 
these cases.
    The Supplementary Material to Chapter 8 of AR5 (Table 8.SM.16) 
includes another set of GWPs for the GHGs included in Table 8.A.1. 
These GWPs have been adjusted to reflect feedback mechanisms that 
increase the GWPs by between 10 and 22 percent, depending on the 
atmospheric lifetime of the GHG. Because the GWPs included in AR4 (and 
earlier IPCC Scientific Assessment Reports) did not include this 
adjustment, we are not proposing to adopt the set of GWPs in AR5 that 
includes it. This will retain as much comparability as practicable 
among the GWPs used in the GHGRP, given our interest in remaining 
consistent with the GWPs used for UNFCCC reporting (i.e., the AR4 GWPs 
for the GHGs with GWPs in AR4).
    For one fluorinated GHG, trifluoroiodomethane (CF3I), we 
are proposing to add a chemical-specific GWP from AR4. This GWP is 0.4. 
(There is no GWP for trifluoroiodomethane in AR5.) The GWP for 
trifluoroiodomethane was inadvertently omitted from earlier versions of 
Table A-1.
    We are also proposing to update the GWP of sevoflurane, a 
hydrofluoroether that is used as an anesthetic. As noted above, the GWP 
for sevoflurane that is currently in Table A-1 (345) is based on a 1999 
paper from the peer-reviewed literature because no IPCC report 
(including AR4) had included a GWP for sevoflurane when Part 98 was 
first promulgated. In today's action, we are proposing to adopt the GWP 
provided for sevoflurane in AR5 (216), which is more accurate and 
reflects the current international scientific consensus.
    To make Table A-1 easier to use while accommodating the additional 
chemical-specific GWPs, we are proposing to reorganize the chemical-
specific GWPs on Table A-1 by fluorinated GHG group and/or subgroup. 
These fluorinated GHG groups and subgroups are the same as those 
discussed as the basis for the proposed default GWPs in section II.C.3. 
of this preamble. The reorganized Table A-1 appears in the proposed 
regulatory text.
3. Addition of Default GWPs for Fluorinated GHGs That Do Not Have 
Chemical-Specific GWPs on Table A-1
    The EPA is proposing eight default GWP values based on fluorinated 
GHG group. These default GWPs would be added to Table A-1 and would 
apply to fluorinated GHGs and HTFs not otherwise listed on Table A-1. 
The proposed fluorinated GHG groups are: (1) Fully fluorinated GHGs and 
HTFs, (2) saturated hydrofluorocarbons (HFCs), (3) partially segregated 
saturated HFEs and hydrochlorofluoroethers (HCFEs), (4) non-segregated 
saturated HFEs and HCFEs, (5) unsaturated perfluorocarbons (PFCs), 
unsaturated HFCs, unsaturated hydrochlorofluorocarbons (HCFCs), 
unsaturated ethers, unsaturated halogenated esters, and fluorinated 
ketones, (6) fluorotelomer alcohols, (7) fluorinated GHGs with carbon-
iodine bonds, and (8) other GHGs and HTFs. For each fluorinated GHG 
group, we are basing the proposed default GWPs on the average of the 
chemical-specific GWPs of chemicals that belong to that group and that 
are either on Table A-1 or are proposed to be added to Table A-1 under 
this proposed rule. The proposed fluorinated GHG groups and associated 
GWPs are listed in Table 3 of this preamble.

        Table 3--Default GWPs Proposed for Addition to Table A-1
------------------------------------------------------------------------
                                                       Proposed GWP (100-
                Fluorinated GHG group                        year)
------------------------------------------------------------------------
Fully fluorinated GHGs...............................             10,000
Saturated hydrofluorocarbons (HFCs)..................              2,200
Partially segregated saturated HFEs and HCFEs........                200
Non-segregated saturated HFEs and HCFEs..............              2,400
Unsaturated PFCs, unsaturated HFCs, unsaturated                        1
 HCFCs, unsaturated halogenated ethers, unsaturated
 halogenated esters, fluorinated aldehydes, and
 fluorinated ketones.................................
Fluorotelomer alcohols...............................                  1
Fluorinated GHGs with carbon-iodine bond(s)..........                  1
Other fluorinated GHGs...............................                110
------------------------------------------------------------------------

a. Fluorinated GHG Groups
    The fluorinated GHG groups are based primarily on chemical 
structure, which is correlated with atmospheric lifetime and GWP. Thus, 
within each group, GWPs fall into a relatively limited range, and among 
the groups, GWPs vary significantly. This permits default GWPs to be 
established with more precision than is possible with larger or more 
diverse sets of fluorinated GHGs.
    In proposing these groups, the EPA has taken into consideration the 
comments received on the default GWPs that were proposed for purposes 
of reporting emissions under subpart L. We proposed five fluorinated 
GHG groups and associated default GWPs in the proposed amendments to 
subpart L, including (1) fully fluorinated GHGs and HTFs, (2) saturated 
HFCs, (3) saturated HFEs and saturated HCFEs, (4) unsaturated PFCs, 
unsaturated HFCs, unsaturated HCFCs, unsaturated HFEs, and fluorinated 
ketones, and (5) other GHGs and HTFs. Commenters requested that we 
split the third group, expand the

[[Page 44341]]

fourth group, and add two additional groups, fluorotelomer alcohols and 
fluorinated GHGs with carbon-iodine bonds, to increase the precision 
and accuracy of the default GWPs applied to the chemicals in these 
groups. The commenters stated that five types of chemicals, including 
unsaturated fluorinated ethers, unsaturated halogenated esters, 
fluorinated aldehydes, fluorotelomer alcohols, and fluorinated GHGs 
with carbon-iodine bonds, would have been assigned GWPs that were too 
high if they had remained in the ``Other'' category. They further 
stated that two types of saturated HFEs and HCFEs would have been 
assigned GWPs that were, on average, either too high (for partially 
segregated saturated HFEs and HCFEs) or too low (for non-segregated 
saturated HFEs and HCFEs). We agree with these comments and are 
consequently including the suggested additional fluorinated GHG groups 
and associated default GWPs in this proposed rule.\13\ We are also 
revising the group of unsaturated compounds to include unsaturated 
fluorinated ethers, unsaturated halogenated esters, and fluorinated 
aldehydes.
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    \13\ The analysis supporting the proposed default GWPs, 
``Revised Analysis of Potential Default GWPs for Fluorinated GHGs 
Reported Under the GHGRP,'' is available in Docket EPA-HQ-OAR-2009-
0927.
---------------------------------------------------------------------------

    The definitions and characteristics of each fluorinated GHG group 
are discussed below:
    Fully fluorinated GHGs. Fully fluorinated GHGs are fluorinated GHGs 
that contain only single bonds and in which all available valence 
locations are filled by fluorine atoms. This group includes but is not 
limited to saturated perfluorocarbons; SF5CF3; 
fully fluorinated linear, branched and cyclic alkanes; fully 
fluorinated ethers; fully fluorinated tertiary amines; fully 
fluorinated aminoethers; and perfluoropolyethers. As discussed further 
below, for purposes of establishing a default GWP, we are proposing to 
exclude NF3 and SF6 from the group as we did in 
the proposed amendments to subpart L. The remaining fully fluorinated 
GHGs for which data are available have lifetimes of over 500 to several 
thousand years and GWPs of 6,290 to 17,700.
    Saturated hydrofluorocarbons. This group would include HFCs that 
contain only single bonds (i.e., hydrofluoroalkanes such as HFC-134a). 
Saturated HFCs have lifetimes from 0.3 years to 270 years and GWPs from 
12 to 14,800. The average GWP of saturated HFCs is approximately 2,200, 
the default GWP that we would assign to this group. Because the range 
of lifetimes and GWPs spanned by the saturated HFCs is quite large, we 
are also considering the option of establishing two default GWPs for 
HFCs: One for shorter-lived HFCs and one for longer-lived HFCs. This 
would provide more precise information regarding the atmospheric 
behavior of each group. For example, the average GWP of the saturated 
HFCs with atmospheric lifetimes above 20 years is approximately 5,700, 
while the average GWP of the saturated HFCs with atmospheric lifetimes 
below 20 years is approximately 600. However, the drawback of 
establishing default GWPs by atmospheric lifetime is that it requires 
reporters to know the atmospheric lifetimes of the HFCs to which the 
default GWPs would be applied. This information is not likely to be 
available for many HFCs that are not on Table A-1. The EPA specifically 
requests comment on the option of establishing different GWPs for 
short- and longer-lived HFCs. We also request comment on the option of 
establishing GWPs for HFCs based on the number of carbon-hydrogen bonds 
in the molecule, an option discussed in more detail for HFEs below and 
in ``Analysis of Atmospheric Lifetimes, Radiative Efficiencies, and 
Global Warming Potentials of Saturated Hydrofluoroethers by Number of 
Carbon-Hydrogen and Carbon-Fluorine Bonds,'' (available in Docket EPA-
HQ-OAR-2009-0927), which includes an analysis of the relationship 
between the number of carbon-hydrogen bonds and GWPs in HFCs.
    Non-segregated saturated HFEs and HCFEs. This group would include 
HFEs and HCFEs that contain only single bonds and include fluorine 
substitutes on all alkyl groups (e.g., HFE-134). This group and the 
partially segregated saturated HFEs and HCFEs, discussed below, are 
based on chemical structure and break the set of saturated HFEs and 
HCFEs into two smaller sets with relatively limited ranges of 
atmospheric lifetimes and GWPs. HFEs and HCFEs in this category have 
atmospheric lifetimes ranging from less than 1 year to 136 years and 
GWPs ranging from 11 to 14,900. Although there is a significant 
difference between the highest and lowest GWPs in this group, most 
compounds in the group have GWPs of more than 500. The average GWP of 
the group is 2,400, the default GWP that we would assign to this group.
    Partially segregated saturated HFEs and HCFEs. This group would 
include HFEs and HCFEs that contain only single bonds as well as at 
least one fully hydrogenated alkyl group with no fluorine or chlorine 
substitutes (e.g., HFE-356mm1). HFEs and HCFEs in this category have 
atmospheric lifetimes from a few weeks to 5.2 years and GWPs from 0.5 
to 756. Most compounds in this category have GWPs below 500. The 
average GWP of the group is 200, the default GWP that we would assign 
to this group.
    A 2008 study suggested that the number of carbon-hydrogen (C-H) 
bonds in saturated HFEs was a better predictor of their atmospheric 
lifetimes, and therefore GWPs, than whether the HFEs were non-
segregated or partially segregated.\14\ Based on our analysis, dividing 
the set of HFEs and HCFEs into two or more groups based on the number 
of C-H bonds could increase the accuracy and precision of the 
associated default GWPs compared to dividing the HFEs and HCFEs into 
the non-segregated and partially segregated groups.\15\ We specifically 
request comment on the option of basing default GWPs for HFEs and HCFEs 
on the number of C-H bonds in the molecule.
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    \14\ Blowers, P., D.M. Moline, K.F. Tetrault, R.R. Wheeler, and 
S.L. Tuchawena. 2008. Global Warming Potentials of 
Hydrofluoroethers. Environ. Sci. Technol. 42, 1301-1307.
    \15\ ``Analysis of Atmospheric Lifetimes, Radiative 
Efficiencies, and Global Warming Potentials of Saturated 
Hydrofluoroethers by Number of Carbon-Hydrogen and Carbon-Fluorine 
Bonds,'' available in Docket EPA-HQ-OAR-2009-0927.
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    Unsaturated PFCs, unsaturated HFCs, unsaturated HCFCs, unsaturated 
halogenated ethers, unsaturated halogenated esters, fluorinated 
aldehydes, and fluorinated ketones. This group would include very 
short-lived compounds including unsaturated PFCs (e.g., 
hexafluoropropylene and tetrafluoroethylene), unsaturated HFCs (e.g., 
HFC-1234yf and perfluorobutyl ethene), unsaturated HCFCs, unsaturated 
halogenated ethers (e.g., fluoroxene), unsaturated halogenated esters, 
fluorinated aldehydes, and fluorinated ketones. These GHGs have 
lifetimes of a few days to weeks. The average GWPs of the subgroups, 
where they have been evaluated, range from 0.01 to 0.7. The average GWP 
for the group is 0.4, but we are proposing to assign a default GWP of 
one to simplify calculations. Using a default GWP of one would lead to 
an overestimate of CO2e emissions, but this overestimate 
would be extremely small in most cases. We specifically request comment 
on this approach.
    While multiple studies have indicated that unsaturated PFCs and 
unsaturated HFCs have low GWPs, fewer studies have evaluated GWPs for 
unsaturated HCFCs, unsaturated fluorinated ethers, fluorinated 
aldehydes, and fluorinated

[[Page 44342]]

ketones.\16\ Thus, the GWPs of these subgroups are less certain. The 
EPA specifically requests comment on the likely variability of the 
lifetimes and GWPs of unsaturated HCFCs, unsaturated fluorinated 
ethers, fluorinated aldehydes, and fluorinated ketones and on whether 
or not these compounds should be included in the very-short-lived group 
or in the ``Other fluorinated GHG'' group, discussed below.
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    \16\ However, at least one study found that a number of 
fluorinated ketones and fluorinated aldehydes had brief atmospheric 
lifetimes (several days) (Derwent, R.G. 1995. ``Sources, 
Distributions, and Fates of VOCs in the Atmosphere.'' Issues in 
Environmental Science and Technology, 4. pp 1-16.) All the 
fluorinated GHGs that have GWPs in AR5 and that have atmospheric 
lifetimes of less than two weeks have GWPs of less than one.
---------------------------------------------------------------------------

    Although the EPA is not aware of any peer-reviewed studies that 
have evaluated GWPs for unsaturated fluorinated esters, the atmospheric 
behavior of saturated fluorinated esters and of other unsaturated 
compounds indicates that unsaturated fluorinated esters are likely to 
have low GWPs. The fluorinated esters with GWPs in AR5 (including the 
fluorinated acetates and formates) have GWPs ranging from 2 to 588, 
which is significantly lower than the ranges of GWPs for saturated HFCs 
and PFCs, respectively. This implies that the unsaturated esters are 
likely to have GWPs that are comparable to or lower than the GWPs of 
the unsaturated HFCs and PFCs. However, we are specifically requesting 
comment on whether this line of reasoning justifies the inclusion of 
unsaturated fluorinated esters in the same group as unsaturated HFCs 
and PFCs, to which we are proposing to assign a default GWP of one. The 
alternative group would be the ``Other Fluorinated GHG'' group, to 
which we are proposing to assign a default GWP of 110.
    Fluorotelomer alcohols. This group includes saturated fluorinated 
compounds with the chemical formula CnF2n+1CH2CH2OH. Fluorotelomer 
alcohols have atmospheric lifetimes ranging from 2 to 3 weeks and GWPs 
ranging from 0.2 to 0.4. Their average GWP is 0.3. We are proposing a 
default GWP of one for this group; however, as for the unsaturated 
compounds discussed above, we particularly request comment on assigning 
a GWP equal to the average GWP of the group.
    Fluorinated GHGs with carbon-iodine bonds. Fluorinated GHGs with 
carbon-iodine bonds have very short atmospheric lifetimes. AR4 included 
an atmospheric lifetime of 2 days and a GWP of 0.4 for one member of 
this group, CF3I. Peer-reviewed studies on other members of this group 
have found similarly brief atmospheric lifetimes but have not assigned 
GWPs. We are proposing a default GWP of one for this group.
    Other fluorinated GHGs. This group includes the fluorinated GHGs 
that do not fall into any of the seven sets defined above. To ensure 
that the gas groups are both distinct (i.e., do not overlap) and 
comprehensive (i.e., cover all fluorinated GHGs), this gas group is a 
catch-all for any remaining fluorinated GHGs. Based on the list of 
compounds and GWPs included in AR5, the EPA's understanding is that 
this group would consist of saturated fluorinated acetates, saturated 
fluorinated formates, carbonofluoridates, and fluorinated alcohols 
(other than fluorotelomer alcohols) with lifetimes ranging from a few 
weeks to a few years and GWPs ranging from less than 5 to the hundreds. 
The EPA specifically requests comment on which chemicals would fall 
into this group and on their atmospheric lifetimes and GWPs. We are 
proposing a default GWP of 110 for this group.
b. Calculation of Default GWPs
    For each group, we have taken the average GWP of the group, 
rounding it to one or two significant figures.\17\ For example, to 
determine the default GWP for fully fluorinated GHGs, we determined the 
average GWP of all fully fluorinated fluorocarbons in either Table A-1 
or, for compounds not included in Table A-1, in AR5. The average GWP 
for the fully fluorinated fluorocarbons is equal to 9,857. This 
provided the default GWP of 10,000 for fully fluorinated compounds.
---------------------------------------------------------------------------

    \17\ The number of significant figures to which the average GWPs 
were rounded depended on the relative and absolute errors associated 
with that number of significant figures. In general, GWPs were 
rounded to two significant figures when the average GWP was greater 
than 100, reflecting uncertainties in the average of a few percent. 
One exception was the rounded average GWP for fully fluorinated 
fluorocarbons, which was rounded to one significant figure (10,000) 
rather than two (9,900) because the uncertainty associated with the 
second figure (i.e., 100) is only about one percent of 
the average GWP for the group. Rounding the average for the fully 
fluorinated fluorocarbons to the nearest 100 (9,900) would 
understate the uncertainty associated with the default and result in 
a less robust default that would be more sensitive to small changes 
in the set of GWPs used to calculate the default. GWPs of less than 
one were rounded to one decimal place because, for the affected 
gases, the absolute error in CO2e emissions that is 
associated with this rounding is expected to be small.
---------------------------------------------------------------------------

    This approach is expected to result in an unbiased estimate of the 
GWP of each fluorinated GHG group because, at the present time, the 
GWPs of the fluorinated GHGs on Table A-1 are not expected to be any 
lower or higher, on average, than the GWPs of the fluorinated GHGs that 
are not on Table A-1. However, for the ``Other fluorinated GHGs'' 
group, which is a ``catch-all'' category for fluorinated GHGs that do 
not fit into any other group, it is possible that newly synthesized 
types of compounds could have GWPs significantly different from the 
GWPs of the types of compounds that are currently in the group. Given 
this uncertainty, we are specifically requesting comment on an 
alternative option. This option would be to adopt a default GWP for 
this group based on the average of the GWPs of all fluorinated GHGs 
(i.e., 2000). This would recognize that the uncertainty associated with 
the GWPs of newly synthesized compound types may exceed that associated 
with the GWPs of the compound types currently identified as belonging 
to the ``other fluorinated GHGs'' group. However, while adopting a GWP 
of 2000 would decrease the likelihood of underestimating the GWPs of 
new types of compounds, it would significantly overestimate the GWPs of 
the compound types that have been identified to date as belonging to 
this group.
    The EPA also requests comment on the sets of chemicals selected as 
the bases for the default GWPs. First, we are specifically requesting 
comment on the fluorinated GHG groups proposed here. Do they capture 
most of the variability in GWPs exhibited by fluorinated GHGs? If not, 
please explain (1) what alternative fluorinated GHG groups would 
capture this variability, and (2) whether facilities could easily 
determine to which fluorinated GHG group a particular fluorinated 
compound belonged.
    Second, we are requesting comment on the individual chemicals whose 
GWPs are used to establish GWPs for each fluorinated GHG group. We are 
specifically interested in comments on how to treat compounds with 
relatively high or low GWPs for their groups (i.e., outliers). Within 
the group of fully fluorinated GHGs, relatively high GWPs are generally 
a consequence of a compound's radiative efficiency (or, more precisely, 
the ratio of the compound's radiative efficiency to its molecular 
weight), which is in turn influenced by the compound's inclusion of 
bonds other than C-F bonds (e.g., S-F or N-F bonds in SF6, 
SF5CF3, and NF3) or by a cyclic 
structure (as for c-C3F6). Within the other 
fluorinated GHG groups, relatively high-GWP compounds are those that 
are relatively long-lived, such as HFC-23 among the saturated HFCs and 
HFE-125 and HFE-

[[Page 44343]]

134 among the saturated HFEs, while relatively low-GWP compounds are 
those that are short-lived, such as HFC-152a among the saturated HFCs.
    To develop the proposed defaults, we have included outliers where 
we could not rule out the possibility that such outliers may also occur 
among the fluorinated GHGs whose GWPs we wish to estimate through the 
use of defaults. Thus, to estimate the default GWP for fully 
fluorinated GHGs, the EPA did not include SF6 or 
NF3, because the definition of ``fluorinated GHG'' does not 
include any other compounds whose radiatively important bonds consist 
exclusively of S-F or N-F bonds. However, we did include 
SF5CF3, because the definition of ``fluorinated 
GHG'' does include fluorocarbons, which may include S-F and N-F bonds 
in addition to C-F bonds. We also included cyclic fluorinated GHGs for 
the same reason. An analysis of how the default GWPs change based on 
the inclusion or exclusion of outliers is included in the docket for 
this rulemaking. For fully fluorinated GHGs, the inclusion of 
SF6 and NF3 would increase the default from 
10,000 to 11,000, while the exclusion of c-C3F6 
and SF5CF3 (numerical outliers) would decrease 
the default to 9,000.
    We are also specifically requesting comment on whether fluorinated 
GHGs that contain chlorine should be included in the ``other 
fluorinated GHG'' group or in the fluorinated GHG groups in which 
chemically similar fluorinated GHGs that do not contain chlorine are 
included. While most chlorine-containing GHGs are regulated under the 
EPA's Stratospheric Ozone Protection Regulations at 40 CFR part 82, 
subpart A and are therefore excluded from the definition of 
``fluorinated GHG'' under the GHG Reporting Rule (and the requirements 
of subpart L), some chlorine-containing GHGs are included in the 
definition of ``fluorinated GHG.'' These include, for example, a few 
HCFEs and unsaturated HCFCs. In the future, facilities may emit other 
chlorine-containing fluorinated GHGs (e.g., unsaturated 
chlorofluorocarbons (CFCs) and unsaturated hydrobromofluorocarbons). In 
developing the proposed default GWPs, we have included current 
chlorine-containing fluorinated GHGs in the same groups as similar 
fluorinated GHGs without chlorine (grouping HCFEs with HFEs and 
unsaturated HCFCs with unsaturated HFCs), because the atmospheric 
lifetimes and GWPs of the chlorine-containing compounds are similar to 
those of the similar compounds without chlorine. The alternative would 
be to include the chlorine-containing compounds in the ``Other 
fluorinated GHGs'' group, but this approach would lead to the use of 
less accurate default GWPs for the chlorine-containing compounds.
    In addition, we are specifically requesting comment on the option 
of calculating the default GWPs based on the AR5 GWPs for the chemicals 
in each group. As discussed above, our preferred approach is to 
calculate the default GWPs based on the chemical-specific GWPs that 
would appear in Table A-1 as amended by this rule, that is, on a 
combination of AR4 GWPs (for the fluorinated GHGs that have AR4 GWPs) 
and AR5 GWPs (for the fluorinated GHGs that do not have AR4 GWPs). This 
approach would provide consistency between the default GWPs and the 
chemical-specific GWPs on Table A-1. However, for some fluorinated GHGs 
(e.g., many HFEs), the AR5 GWPs are significantly different from the 
AR4 GWPs. While it would be inconsistent with UNFCCC reporting 
guidelines to use AR5 GWPs as the chemical-specific GWPs for 
fluorinated GHGs that have AR4 GWPs, it would not be inconsistent with 
UNFCCC guidelines to use those chemical-specific AR5 GWPs to set 
defaults. This is because the UNFCCC does not provide guidance 
regarding which GWPs to use for GHGs that have not had GWPs published 
in IPCC reports (i.e., the GHGs to which default GWPs would be 
applied). AR5 reflects the most current scientific understanding of the 
atmospheric lifetimes and/or radiative behavior of GHGs. Basing 
defaults on these newly assigned GWPs would increase the accuracy and 
the long-term robustness of the defaults, particularly for the non-
segregated and partially segregated saturated HFE groups.
4. Revised Definition of ``Global Warming Potential''
    We are also proposing to revise the definition of ``global warming 
potential'' in subpart A to clarify how chemical-specific and default 
GWPs would be selected and applied for purposes of the calculations in 
Part 98. This clarification states that the chemical-specific GWPs in 
Table A-1 would be required to be applied to GHGs that had chemical-
specific GWPs listed in Table A-1, while the default GWPs in Table A-1 
would be required to be applied to fluorinated GHGs that did not have 
chemical-specific GWPs listed in Table A-1. This would help to ensure 
that chemical-specific and default GWPs were applied correctly and 
consistently in CO2e calculations across Part 98.
5. Special Provisions for Facilities and Suppliers That Become Newly 
Subject to One or More Subparts of Part 98 Due to the Addition of GWPs
    As discussed further in Section III.B of this preamble, we do not 
anticipate that finalizing the GWPs proposed in this action would 
expand the set of facilities required to report under the Greenhouse 
Gas Reporting rule. However, to allow for the possibility that some 
facilities or suppliers could become newly subject to one or more 
subparts of Part 98 due to the addition of the GWPs, we are proposing 
special provisions for these facilities regarding the timing of 
reporting and the use of best available monitoring methods (BAMM). 
These provisions would be identical to the equivalent provisions for 
facilities and suppliers that became newly subject to one or more 
subparts due to the update of GWPs in the 2013 Revisions Rule, 40 CFR 
98.3(k) and (l). To implement this approach, we are proposing to revise 
40 CFR 98.3(k) and (l) to delete most references to particular years 
and replace these with references based on the year during which the 
changes to the GWPs are promulgated.

D. Relationship Between This Proposed Rule and Proposed Amendments to 
Subpart L

    As discussed above, the EPA proposed a set of amendments to subpart 
L last November that would replace the two existing default GWPs in 
subpart L with five default GWPs (in a new Table L-1) for the 
calculations and reporting under that subpart. The EPA intends to 
finalize the proposed amendments to subpart L in time for reporting in 
calendar year 2015, which for subpart L reporters will include 
previously deferred detailed reporting of 2011 through 2013 emissions 
as well as of 2014 emissions. We also intend to finalize this proposed 
rule in time for reporting in calendar year 2015, probably after 
finalizing the amendments to subpart L. This would ensure that the 
chemical-specific GWPs that would be added under this action, which we 
did not propose to add under the amendments to subpart L, would apply 
to subpart L emissions for the entire time series. In addition, while 
we anticipate that the default GWPs finalized in Table L-1 under the 
amendments to subpart L would be the same as the default GWPs finalized 
in Table A-1 under this action, we intend to remove Table L-1 and the 
references to it when this rule is finalized. After these removals, 
subpart L would not include any subpart-specific default GWPs. This 
would simplify subpart L

[[Page 44344]]

and ensure future as well as current consistency among the default GWPs 
applied across Part 98.

E. Relationship Between This Proposed Rule and Default GWP in Subpart I

    For purposes of certain calculations under subpart I, electronics 
facilities are required to use a default GWP of 2,000 for fluorinated 
GHGs for which Table A-1 does not ``define'' or ``list'' a GWP value. 
These calculations include the preliminary calculation of stack system 
emissions at 40 CFR 98.93(i)(1) and (i)(2), the calculation of the 
relative standard deviation of stack emission factors at 40 CFR 98.94 
(j)(5)(ii)(C), the calculation of the change in annual consumption of 
fluorinated GHGs at 40 CFR 98.94(j)(8)(i), the calculations of the 
effective destruction or removal efficiency at 40 CFR 98.96 (Equations 
I-26, I-27, and I-28), and the calculation of the approximate 
percentage of total GHG emissions consisting of emissions from research 
and development activities at 40 CFR 98.96(x). To clarify that the 
default GWPs that we are proposing to add to Table A-1 should be used 
for these calculations rather than the default GWP of 2,000, we are 
proposing to remove all references to the default GWP of 2,000 from 
subpart I. This would ensure that the GWPs used for the calculations in 
subpart I are consistent with those used for all other calculations and 
reporting under Part 98.

F. Calculation of Differences and Changes in CO2e Quantities 
Under Subpart I and Subpart L

    Both subpart I and subpart L include calculations that compare 
CO2e parameters that are measured and/or calculated at 
different times. For example, under subpart I, facilities using the 
stack testing method must evaluate whether annual consumption of a 
fluorinated GHG has changed by more than 10 percent of the total annual 
fluorinated GHG consumption in CO2e since the most recent 
emissions test. If it has, then the facility must re-test (40 CFR 
98.94(j)(8)(i)). Under subpart L, facilities that plan a change to an 
operating scenario whose emission factor was measured must estimate and 
compare the emission calculation factors for the measured and changed 
scenarios. If the difference exceeds 15 percent, then the facility must 
re-test (40 CFR 98.124(c)(7)(ii)).
    For purposes of these and similar calculations, facilities would 
use, for both the original and the updated parameters, the GWPs that 
are in the version of Table A-1 in effect at the time of the 
calculation. This would avoid the introduction of differences that are 
caused by differences in GWPs rather than by changes to production 
processes.

G. Relationship Between This Proposed Rule and GHG Permitting 
Requirements

    EPA's stationary source permitting regulations incorporate Table A-
1 to subpart A of 40 CFR part 98 to provide a method for calculating 
emissions of GHGs (in terms of CO2e) in order to determine 
whether Prevention of Significant Deterioration (PSD) permitting 
requirements are applicable to an individual source. See 75 FR 31522, 
40 CFR 51.166(b)(48)(ii)(a), 40 CFR 52.21(b)(49)(ii)(a). In the 2013 
Revisions Rule, we explained how a change to a GWP relates to PSD 
permitting (78 FR 71914-71917). For example, we explained that in the 
case of a final PSD permit that is issued prior to the effective date 
of a GWP revision, the permit should continue to rely upon the GWPs 
that were in place at the time of permit issuance for purposes of 
demonstrating compliance with the conditions of the permit.
    On June 23, 2014, the U.S. Supreme Court issued its decision in 
Utility Air Regulatory Group v. EPA (No. 12-1146). The Court said that 
EPA may not treat greenhouse gases as an air pollutant for purposes of 
determining whether a source is a major source required to obtain a PSD 
or title V permit. The Court also said that PSD permits that are 
otherwise required (based on emissions of conventional pollutants) may 
continue to require limitations on greenhouse gas emissions based on 
the application of Best Available Control Technology (BACT). EPA is 
continuing to examine the implications of the Court's decision, 
including how EPA may need to revise its permitting regulations based 
on the Supreme Court decision. Nevertheless, because the Court decision 
upheld the PSD BACT requirement for GHGs under specific circumstances, 
EPA believes it is likely that its revised PSD permitting regulations 
would continue to incorporate Table A-1 GWPs to calculate 
CO2e.
    In the current version of Part 98, Table A-1 assigns chemical-
specific GWPs for individual GHG compounds. It contains chemical-
specific GWPs for carbon dioxide, methane, nitrous oxide, sulfur 
hexafluoride, and several HFC and PFC compounds. However, not all HFC 
and PFC compounds are included in the current version of Table A-1. 
This proposed rule would add chemical-specific and default GWPs to 
Table A-1 for the remaining HFCs and PFCs that the current version of 
Table A-1 does not cover.
    To the extent that Table A-1 GWPs continue to be used in 
permitting, as with the 2013 Revisions Rule, adoption of these 
chemical-specific and default GWPs may automatically apply in some 
state and local PSD programs, while some state and local agencies may 
have to engage in an adoption process to incorporate the revised Table 
A-1 into their program regulations.\18\ In the 2013 Revisions Rule, EPA 
noted that some states would need to modify their PSD SIPs programs in 
order to make the revisions to Table A-1 effective in their permitting 
programs (78 FR 71916). As a result of the Supreme Court decision 
issued June 23, 2014, additional revisions to state PSD SIPs and title 
V programs may be necessary, but EPA has yet to determine the nature of 
any appropriate revisions to EPA's federal regulations that establish 
the minimum requirements for state PSD and title V programs.\19\ EPA 
will provide more information on this subject in forthcoming actions by 
the Agency. To the extent necessary, we will address the procedures for 
states to adopt the revisions to Table A-1 in any subsequent action 
addressing that decision, which should allow states to make any 
necessary regulatory amendments at one time.
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    \18\ For PSD, state and local permitting agencies handle the 
majority of GHG PSD permitting through either EPA-approved state 
rules, which generally incorporate the requirements from the 
Tailoring Rule provisions at 40 CFR 51.166 or 52.21, or through a 
delegation from the EPA in which the state issues PSD permits on 
behalf of the EPA using 40 CFR 52.21. Through its Regional Offices, 
the EPA issues PSD permits for areas not covered by an EPA-approved 
or delegated state permit program using 40 CFR 52.21.
    \19\ Similar to the PSD rules, EPA's title V permitting 
regulations have also incorporated Table A-1 to subpart A of 40 CFR 
part 98 to provide a method for calculating emissions of GHG (in 
terms of CO2e). See 75 FR 31522, 40 CFR 70.2 (definition 
of ``subject to regulation''), 40 CFR 71.2 (same). As for PSD, the 
2013 Revisions Rule also explained how a change to a GWP would 
relate to title V permitting, including in EPA-approved title V 
permitting programs implemented by state and local permitting 
authorities. 78 FR 71914-71917. EPA is still evaluating how, if at 
all, the Table A-1 GWPs will continue to be used in the title V 
permitting regulations in light of the Supreme Court's decision in 
Utility Air Regulatory Group v. EPA. EPA will provide further 
information in future actions as appropriate.
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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,

[[Page 44345]]

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 increase information collection burden. The 
proposed addition of GWPs to subpart A is not expected to affect the 
applicability of the rule. The seven subparts that could potentially be 
affected include subpart I, subpart L, subpart T, subparts DD and SS, 
and subparts OO and QQ. Subpart I applicability is determined by a 
simplified emissions calculation that includes a specific, limited set 
of fluorinated GHGs, none of whose GWPs would be affected by 
finalization of this proposed rule. Under subpart L, all fluorinated 
gas production facilities that emit GHGs whose GWPs are increasing are 
already believed to be reporting. Similarly, all fluorinated GHG 
production facilities are already required to report under subpart OO, 
and all fluorinated GHG importers and exporters of the fluorinated GHGs 
and HTFs that would be assigned GWPs are already believed to report 
under subparts OO and QQ. The applicability of subparts DD and SS would 
not be affected because the thresholds for both subparts are expressed 
in terms of GHG masses rather than CO2e masses. Any impact 
on the applicability of subpart T is expected to be negligible, because 
the fluorinated GHGs that would be assigned default GWPs and that would 
be reported under that subpart are believed to make up a very small 
fraction of the CO2-e emissions from covered facilities. The 
OMB has previously approved the information collection requirements for 
subparts A, I, L, T, DD, OO, QQ, and SS under 40 CFR part 98 under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and 
has assigned Office of Management and Budget (OMB) control numbers 
2060-0629 and 2060-0650.
    Further information on the EPA's assessment on the impact on burden 
can be found in the memorandum, ``Economic Analysis of Adding Chemical-
Specific and Default GWPs to Table A-1'' in docket number EPA-HQ-OAR-
2009-0927.

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 addition of default GWPs to subpart A is not 
expected to affect the applicability of the rule to small entities.
    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 GHGRP and maintains an ``open 
door'' policy for stakeholders to help inform the EPA's understanding 
of key issues for the industries. We continue to be interested in the 
potential impacts of the proposed rule on small entities and welcome 
comments on issues related to such impacts.

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 sections 202 and 205 of the UMRA. This proposed 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. Facilities and suppliers subject to 
the proposed rule include electronics manufacturers, fluorinated gas 
producers, magnesium producers and processers, manufacturers and users 
of electrical equipment, importers and exporters of fluorinated GHGs in 
bulk, and importers and exporters of pre-charged equipment and closed-
cell foams. None of the facilities currently known to undertake these 
activities is owned by a small government. 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 would 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).
    The proposed amendments apply to facilities that directly emit 
fluorinated GHGs or that are suppliers of fluorinated GHGs. They would 
not apply to governmental entities unless the governmental entity owns 
a facility that directly emits fluorinated GHGs above threshold levels 
(such as a semiconductor manufacturing facility). We are not aware of 
any governmental entities that would be affected. This regulation also 
would 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 the 
original GHG Reporting Rule published on October 30, 2009 and the rule 
finalizing subparts I, L, DD, QQ, and SS published on December 1, 2010. 
A summary of the EPA's consultations with state and local governments 
is provided in Section VIII.E of the preamble to the 2009 final rule.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between the EPA and state and local 
governments, the EPA specifically solicits comment on this proposed 
action from state and local officials.

[[Page 44346]]

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

    This action would not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). The proposed 
amendments apply to facilities that directly emit fluorinated GHGs or 
that are suppliers of fluorinated GHGs. They would not have tribal 
implications unless the tribal entity owns a facility that directly 
emits fluorinated GHGs above threshold levels (such as a semiconductor 
manufacturing facility). We are not aware of any tribal facilities that 
would be affected. Thus, Executive Order 13175 does not apply to this 
action. EPA specifically solicits additional comment on this proposed 
action from tribal officials.

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

    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 would 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 would not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it would not 
affect the level of protection provided to human health or the 
environment; 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, Reporting and recordkeeping requirements.

    Dated: July 24, 2014.
Gina McCarthy,
Administrator.

    For the reasons stated in the preamble, the Environmental 
Protection Agency proposes to amend CFR title 40 chapter I as set forth 
below:

PART 98--MANDATORY GREENHOUSE GAS REPORTING

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

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

Subpart A--General Provisions

0
2. Section 98.2 is amended by revising paragraphs (b)(1), (b)(4), and 
(f)(1) to read as follows:


Sec.  98.2  Who must report?

* * * * *
    (b) * * *
    (1) Calculate the annual emissions of CO2, 
CH4, N2O, and each fluorinated GHG in metric tons 
from all applicable source categories listed in paragraph (a)(2) of 
this section. The GHG emissions shall be calculated using the 
calculation methodologies specified in each applicable subpart and 
available company records.
* * * * *
    (4) Sum the emissions estimates from paragraphs (b)(1), (b)(2), and 
(b)(3) of this section for each GHG and calculate metric tons of 
CO2e using Equation A-1 of this section.
[GRAPHIC] [TIFF OMITTED] TP31JY14.008

Where:

CO2e = Carbon dioxide equivalent, metric tons/year.
GHGi = Mass emissions of each greenhouse gas, metric 
tons/year.
GWPi = Global warming potential for each greenhouse gas 
from Table A-1 of this subpart.
n = The number of greenhouse gases emitted.
* * * * *
    (f) * * *
    (1) Calculate the mass in metric tons per year of CO2, 
N2O, and each fluorinated GHG that is imported and the mass 
in metric tons per year of CO2, N2O, and each 
fluorinated GHG that is exported during the year.
* * * * *
0
3. Section 98.3 is amended by:
0
a. Revising paragraph (c)(4)(iii)(E);
0
b. Removing and reserving paragraph (c)(4)(vi);
0
c. Revising paragraphs (c)(5)(i), (c)(5)(ii), (c)(12)(iii)(E), (k), (l) 
introductory text, (l)(1) introductory text, (l)(2) introductory text, 
(l)(2)(i), (l)(2)(ii)(C) through (E); and, (l)(2)(iii).
    The revisions read as follows:


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

* * * * *
    (c) * * *
    (4) * * *
    (iii) * * *

[[Page 44347]]

    (E) Each fluorinated GHG (as defined in Sec.  98.6).
* * * * *
    (vi) [Reserved]
* * * * *
    (5) * * *
    (i) Total quantity of GHG aggregated for all GHG from all 
applicable supply categories in Table A-5 of this subpart and expressed 
in metric tons of CO2e calculated using Equation A-1 of this 
subpart.
    (ii) Quantity of each GHG from each applicable supply category in 
Table A-5 to this subpart, expressed in metric tons of each GHG.
* * * * *
    (12) * * *
    (iii) * * *
    (E) Each fluorinated GHG.
* * * * *
    (k) Revised global warming potentials and special provisions for 
reporting year 2013 and subsequent reporting years. This paragraph (k) 
applies to owners or operators of facilities or suppliers that first 
become subject to any subpart of part 98 solely due to an amendment to 
Table A-1 of this subpart.
    (1) A facility or supplier that first becomes subject to part 98 
due to a change in the GWP for one or more compounds in Table A-1 of 
this subpart, Global Warming Potentials, is not required to submit an 
annual GHG report for the reporting year during which the change in 
GWPs is promulgated.
    (2) A facility or supplier that was already subject to one or more 
subparts of part 98 but becomes subject to one or more additional 
subparts due to a change in the GWP for one or more compounds in Table 
A-1 of this subpart, is not required to include those subparts to which 
the facility is subject only due to the change in the GWP in the annual 
GHG report submitted for the reporting year during which the change in 
GWPs is promulgated.
    (3) Starting on January 1 of the year after the year during which 
the change in GWPs is promulgated, facilities or suppliers identified 
in paragraphs (k)(1) or (2) of this section must start monitoring and 
collecting GHG data in compliance with the applicable subparts of part 
98 to which the facility is subject due to the change in the GWP for 
the annual greenhouse gas report for that reporting year, which is due 
by March 31 of the following calendar year.
    (4) A change in the GWP for one or more compounds includes the 
addition to Table A-1 of this subpart of either a chemical-specific or 
a default GWP that applies to a compound to which no chemical-specific 
GWP in Table A-1 of this subpart previously applied.
    (l) Special provision for best available monitoring methods in 2014 
and subsequent years. This paragraph (l) applies to owners or operators 
of facilities or suppliers that first become subject to any subpart of 
part 98 due to an amendment to Table A-1 of this subpart, Global 
Warming Potentials.
    (1) Best available monitoring methods. From January 1 to March 31 
of the year after the year during which the change in GWPs is 
promulgated, owners or operators subject to this paragraph (l) may use 
best available monitoring methods for any parameter (e.g., fuel use, 
feedstock rates) that cannot reasonably be measured according to the 
monitoring and QA/QC requirements of a relevant subpart. The owner or 
operator must use the calculation methodologies and equations in the 
``Calculating GHG Emissions'' sections of each relevant subpart, but 
may use the best available monitoring method for any parameter for 
which it is not reasonably feasible to acquire, install, and operate a 
required piece of monitoring equipment by January 1 of the year after 
the year during which the change in GWPs is promulgated. Starting no 
later than April 1, of the year after the year during which the change 
in GWPs is promulgated, the owner or operator must discontinue using 
best available methods and begin following all applicable monitoring 
and QA/QC requirements of this part, except as provided in paragraph 
(l)(2) of this section. Best available monitoring methods means any of 
the following methods:
* * * * *
    (2) Requests for extension of the use of best available monitoring 
methods. The owner or operator may submit a request to the 
Administrator to use one or more best available monitoring methods 
beyond March 31 of the year after the year during which the change in 
GWPs is promulgated.
    (i) Timing of request. The extension request must be submitted to 
EPA no later than January 31 of the year after the year during which 
the change in GWPs is promulgated.
    (ii) * * *
    (C) A description of the reasons that the needed equipment could 
not be obtained and installed before April 1 of the year after the year 
during which the change in GWPs is promulgated.
    (D) If the reason for the extension is that the equipment cannot be 
purchased and delivered by April 1 of the year after the year during 
which the change in GWPs is promulgated, supporting documentation such 
as the date the monitoring equipment was ordered, investigation of 
alternative suppliers and the dates by which alternative vendors 
promised delivery, backorder notices or unexpected delays, descriptions 
of actions taken to expedite delivery, and the current expected date of 
delivery.
    (E) If the reason for the extension is that the equipment cannot be 
installed without a process unit shutdown, include supporting 
documentation demonstrating that it is not practicable to isolate the 
equipment and install the monitoring instrument without a full process 
unit shutdown. Include the date of the most recent process unit 
shutdown, the frequency of shutdowns for this process unit, and the 
date of the next planned shutdown during which the monitoring equipment 
can be installed. If there has been a shutdown or if there is a planned 
process unit shutdown between November 29 of the year during which the 
change in GWPs is promulgated and April 1 of the year after the year 
during which the change in GWPs is promulgated, include a justification 
of why the equipment could not be obtained and installed during that 
shutdown.
* * * * *
    (iii) Approval criteria. To obtain approval, the owner or operator 
must demonstrate to the Administrator's satisfaction that it is not 
reasonably feasible to acquire, install, and operate a required piece 
of monitoring equipment by April 1 of the year after the year during 
which the change in GWPs is promulgated. The use of best available 
methods under this paragraph (l) will not be approved beyond December 
31 of the year after the year during which the change in GWPs is 
promulgated.
0
4. Section 98.6 is amended by:
0
a. Adding, in alphabetical order, the definitions for Fluorinated GHG 
group, Fluorotelomer alcohols, Fully fluorinated GHGs;
0
b. Revising the definition for Global warming potential; and
0
c. Adding, in alphabetical order, the definitions for Non-segregated 
saturated hydrochlorofluoroethers (HCFEs), Non-segregated saturated 
hydrofluoroethers (HFEs), Other fluorinated GHGs, Partially segregated 
saturated hydrochlorofluoroethers (HCFEs), Partially segregated 
saturated hydrofluoroethers (HFEs), Saturated hydrochlorofluoroethers 
(HCFEs), Saturated hydrofluorocarbons (HFCs), Saturated 
hydrofluoroethers (HFEs), Unsaturated ethers, Unsaturated 
hydrochlorofluorocarbons (HCFCs),

[[Page 44348]]

Unsaturated hydrofluorocarbons (HFCs); and, Unsaturated 
perfluorocarbons (PFCs).
    The revisions and additions read as follows:


Sec.  98.6  Definitions.

* * * * *
    Fluorinated GHG group means one of the following sets of 
fluorinated GHGs: Fully fluorinated GHGs; saturated hydrofluorocarbons; 
partially segregated saturated hydrofluoroethers and saturated 
hydrochlorofluoroethers; non-segregated saturated hydrofluoroethers and 
saturated hydrochlorofluoroethers; unsaturated PFCs, unsaturated HFCs, 
unsaturated HCFCs, unsaturated ethers, unsaturated halogenated esters, 
fluorinated aldehydes, and fluorinated ketones; fluorotelomer alcohols; 
fluorinated GHGs with carbon-iodine bonds; or Other fluorinated GHGs.
* * * * *
    Fluorotelomer alcohols means fluorinated GHGs with the chemical 
formula CnF2n+1CH2CH2OH.
* * * * *
    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.
* * * * *
    Global warming potential or GWP means the ratio of the time-
integrated radiative forcing from the instantaneous release of one 
kilogram of a trace substance relative to that of one kilogram of a 
reference gas, i.e., CO2. GWPs for each greenhouse gas are 
provided in Table A-1 of this subpart. For purposes of the calculations 
in this part, if the GHG has a chemical-specific GWP listed in Table A-
1, use that GWP. Otherwise, use the default GWP provided in Table A-1 
for the fluorinated GHG group of which the GHG is a member.
* * * * *
    Non-segregated saturated hydrochlorofluoroethers (HCFEs) means 
saturated hydrochlorofluoroethers that include fluorine substitutes on 
all alkyl groups.
    Non-segregated saturated hydrofluoroethers (HFEs) means saturated 
hydrofluoroethers that include fluorine substitutes on all alkyl 
groups.
* * * * *
    Other fluorinated GHGs means fluorinated GHGs that are none of the 
following: Fully fluorinated GHGs, saturated hydrofluorocarbons, 
saturated hydrofluoroethers, saturated hydrochlorofluoroethers, 
unsaturated perfluorocarbons, unsaturated hydrofluorocarbons, 
unsaturated hydrochlorofluorocarbons, unsaturated ethers, unsaturated 
halogenated esters, fluorinated aldehydes, fluorinated ketones, 
fluorotelomer alcohols, or fluorinated GHGs with carbon-iodine bonds.
* * * * *
    Partially segregated saturated hydrochlorofluoroethers (HCFEs) 
means saturated hydrochlorofluoroethers that contain at least one fully 
hydrogenated alkyl group with no fluorine or chlorine substitutes.
    Partially segregated saturated hydrofluoroethers (HFEs) means 
saturated hydrofluoroethers that contain at least one fully 
hydrogenated alkyl group with no fluorine substitutes.
* * * * *
    Saturated hydrochlorofluoroethers (HCFEs) means fluorinated GHGs in 
which two hydrocarbon groups are linked by an oxygen atom; in which two 
or more, but not all, of the hydrogen atoms in the hydrocarbon groups 
have been replaced by fluorine atoms and chlorine atoms; and which 
contain only single bonds.
    Saturated hydrofluorocarbons (HFCs) means fluorinated GHGs that are 
hydrofluorocarbons and that contain only single bonds.
    Saturated hydrofluoroethers (HFEs) means fluorinated GHGs in which 
two hydrocarbon groups are linked by an oxygen atom; in which one or 
more, but not all, of the hydrogen atoms in the hydrocarbon groups have 
been replaced by fluorine atoms; and which contain only single bonds.
* * * * *
    Unsaturated ethers means fluorinated GHGs in which two hydrocarbon 
groups are linked by an oxygen atom; in which one or more of the 
hydrogen atoms in the hydrocarbon groups have been replaced by fluorine 
atoms; and which contain one or more bonds that are not single bonds. 
Unsaturated ethers include unsaturated HFEs.
    Unsaturated hydrochlorofluorocarbons (HCFCs) means fluorinated GHGs 
that contain only carbon, chlorine, fluorine, and hydrogen and that 
contain one or more bonds that are not single bonds.
    Unsaturated hydrofluorocarbons (HFCs) means fluorinated GHGs that 
are hydrofluorocarbons and that contain one or more bonds that are not 
single bonds.
    Unsaturated perfluorocarbons (PFCs) means fluorinated GHGs that are 
perfluorocarbons and that contain one or more bonds that are not single 
bonds.
* * * * *
0
5. Table A-1 to Subpart A is revised to read as follows:

                          Table A-1 to Subpart A of Part 98--Global Warming Potentials
                                             [100-year time horizon]
----------------------------------------------------------------------------------------------------------------
                                                                                                 Global warming
                   Name                         CAS No.              Chemical formula           potential  (100
                                                                                                      yr.)
----------------------------------------------------------------------------------------------------------------
                                             Chemical-Specific GWPs
----------------------------------------------------------------------------------------------------------------
Carbon dioxide............................        124-38-9  CO2..............................                  1
Methane...................................         74-82-8  CH4..............................                a25
Nitrous oxide.............................      10024-97-2  N2O..............................               a298
----------------------------------------------------------------------------------------------------------------
                                             Fully Fluorinated GHGs
----------------------------------------------------------------------------------------------------------------
Sulfur hexafluoride.......................       2551-62-4  SF6..............................           a 22,800
Trifluoromethyl sulphur pentafluoride.....        373-80-8  SF5CF3...........................             17,700
Nitrogen trifluoride......................       7783-54-2  NF3..............................             17,200
PFC-14 (Perfluoromethane).................         75-73-0  CF4..............................            a 7,390
PFC-116 (Perfluoroethane).................         76-16-4  C2F6.............................           a 12,200
PFC-218 (Perfluoropropane)................         76-19-7  C3F8.............................            a 8,830

[[Page 44349]]

 
Perfluorocyclopropane.....................        931-91-9  C-C3F6...........................             17,340
PFC-3-1-10 (Perfluorobutane)..............        355-25-9  C4F10............................            a 8,860
PFC-318 (Perfluorocyclobutane)............        115-25-3  C-C4F8...........................           a 10,300
PFC-4-1-12 (Perfluoropentane).............        678-26-2  C5F12............................            a 9,160
PFC-5-1-14 (Perfluorohexane, FC-72).......        355-42-0  C6F14............................            a 9,300
PFC-9-1-18................................        306-94-5  C10F18...........................              7,500
PFC-6-1-12................................        335-57-9  C7F16; CF3(CF2)5CF3..............            b 7,820
PFC-7-1-18................................        307-34-6  C8F18; CF3(CF2)6CF3..............            b 7,620
PFPMIE (HT-70)............................              NA  CF3OCF(CF3)CF2OCF2OCF3...........             10,300
Perfluorodecalin (cis)....................      60433-11-6  Z-C10F18.........................            b 7,236
Perfluorodecalin (trans)..................      60433-12-7  E-C10F18.........................            b 6,288
----------------------------------------------------------------------------------------------------------------
                                       Saturated hydrofluorocarbons (HFCs)
----------------------------------------------------------------------------------------------------------------
HFC-23....................................         75-46-7  CHF3.............................           a 14,800
HFC-32....................................         75-10-5  CH2F2............................              a 675
HFC-41....................................        593-53-3  CH3F.............................               a 92
HFC-125...................................        354-33-6  C2HF5............................            a 3,500
HFC-134...................................        359-35-3  C2H2F4...........................            a 1,100
HFC-134a..................................        811-97-2  CH2FCF3..........................            a 1,430
HFC-143...................................        430-66-0  C2H3F3...........................              a 353
HFC-143a..................................        420-46-2  C2H3F3...........................            a 4,470
HFC-152...................................        624-72-6  CH2FCH2F.........................                 53
HFC-152a..................................         75-37-6  CH3CHF2..........................              a 124
HFC-161...................................        353-36-6  CH3CH2F..........................                 12
HFC-227ca.................................       2252-84-8  CF3CF2CHF2.......................             b 2640
HFC-227ea.................................        431-89-0  C3HF7............................            a 3,220
HFC-236cb.................................        677-56-5  CH2FCF2CF3.......................              1,340
HFC-236ea.................................        431-63-0  CHF2CHFCF3.......................              1,370
HFC-236fa.................................        690-39-1  C3H2F6...........................            a 9,810
HFC-245ca.................................        679-86-7  C3H3F5...........................              a 693
HFC-245cb.................................       1814-88-6  CF3CF2CH3........................            b 4,620
HFC-245ea.................................      24270-66-4  CHF2CHFCHF2......................              b 235
HFC-245eb.................................        431-31-2  CH2FCHFCF3.......................              b 290
HFC-245fa.................................        460-73-1  CHF2CH2CF3.......................              1,030
HFC-263fb.................................        421-07-8  CH3CH2CF3........................               b 76
HFC-272ca.................................        420-45-1  CH3CF2CH3........................              b 144
HFC-329p..................................        375-17-7  CHF2CF2CF2CF3....................            b 2,360
HFC-365mfc................................        406-58-6  CH3CF2CH2CF3.....................                794
HFC-43-10mee..............................     138495-42-8  CF3CFHCFHCF2CF3..................            a 1,640
----------------------------------------------------------------------------------------------------------------
           Partially segregated saturated hydrofluoroethers (HFEs) and hydrochlorofluoroethers (HCFEs)
----------------------------------------------------------------------------------------------------------------
HFE-143a..................................        421-14-7  CH3OCF3..........................                756
HFE-245cb2................................      22410-44-2  CH3OCF2CF3.......................                708
HFE-254cb2................................        425-88-7  CH3OCF2CHF2......................                359
HFE-263fb2................................        460-43-5  CF3CH2OCH3.......................                 11
HFE-263m1; R-E-143a.......................        690-22-2  CF3OCH2CH3.......................               b 29
HFE-347mcc3 (HFE-7000)....................        375-03-1  CH3OCF2CF2CF3....................                575
HFE-347mmy1...............................      22052-84-2  CH3OCF(CF3)2.....................                343
HFE-356mec3...............................        382-34-3  CH3OCF2CHFCF3....................                101
HFE-356mm1................................      13171-18-1  (CF3)2CHOCH3.....................                 27
HFE-356pcc3...............................     160620-20-2  CH3OCF2CF2CHF2...................                110
HFE-365mcf2...............................      22052-81-9  CF3CF2OCH2CH3....................               b 58
HFE-365mcf3...............................        378-16-5  CF3CF2CH2OCH3....................                 11
HFE-374pc2................................        512-51-6  CH3CH2OCF2CHF2...................                557
HFE-449s1 (HFE-7100) Chemical blend.......     163702-07-6  C4F9OCH3.........................                297
                                               163702-08-7  (CF3)2CFCF2OCH3..................
HFE-569sf2 (HFE-7200) Chemical blend......     163702-05-4  C4F9OC2H5........................                 59
                                               163702-06-5  (CF3)2CFCF2OC2H5.................
HG'-01....................................      73287-23-7  CH3OCF2CF2OCH3...................              b 222
HG'-02....................................     485399-46-0  CH3O(CF2CF2O)2CH3................              b 236
HG'-03....................................     485399-48-2  CH3O(CF2CF2O)3CH3................              b 221
Difluoro(methoxy)methane..................        359-15-9  CH3OCHF2.........................              b 144
2-Chloro-1,1,2-trifluoro-1-methoxyethane..        425-87-6  CH3OCF2CHFCl.....................              b 122
1-Ethoxy-1,1,2,2,3,3,3-heptafluoropropane.      22052-86-4  CF3CF2CF2OCH2CH3.................               b 61
2-Ethoxy-3,3,4,4,5-pentafluorotetrahydro-      920979-28-8  C12H5F19O2.......................               b 56
 2,5-bis[1,2,2,2-tetrafluoro-1-
 (trifluoromethyl)ethyl]-furan.
1-Ethoxy-1,1,2,3,3,3-hexafluoropropane....        380-34-7  CF3CHFCF2OCH2CH3.................               b 23

[[Page 44350]]

 
Fluoro(methoxy)methane....................        460-22-0  CH3OCH2F.........................               b 13
1,1,2,2-Tetrafluoro-3-methoxy-propane;          60598-17-6  CHF2CF2CH2OCH3...................              b 0.5
 Methyl 2,2,3,3-tetrafluoropropyl ether.
----------------------------------------------------------------------------------------------------------------
              Non-segregated saturated hydrofluoroethers (HFEs) and hydrochlorofluoroethers (HCFEs)
----------------------------------------------------------------------------------------------------------------
HFE-125...................................       3822-68-2  CHF2OCF3.........................             14,900
HFE-134 (HG-00)...........................       1691-17-4  CHF2OCHF2........................              6,320
HFE-227ea.................................       2356-62-9  CF3CHFOCF3.......................              1,540
HFE-236ca.................................      32778-11-3  CHF2OCF2CHF2.....................            b 4,240
HFE-236ca12 (HG-10).......................      78522-47-1  CHF2OCF2OCHF2....................              2,800
HFE-236ea2 (Desflurane)...................      57041-67-5  CHF2OCHFCF3......................                989
HFE-236fa.................................      20193-67-3  CF3CH2OCF3.......................                487
HFE-245fa1................................      84011-15-4  CHF2CH2OCF3......................                286
HFE-245fa2................................       1885-48-9  CHF2OCH2CF3......................                659
HFE-329mcc2...............................     134769-21-4  CF3CF2OCF2CHF2...................                919
HFE-329me3................................     428454-68-6  CF3CFHCF2OCF3....................            b 4,550
HFE-338mcf2...............................     156053-88-2  CF3CF2OCH2CF3....................                552
HFE-338mmz1...............................      26103-08-2  CHF2OCH(CF3)2....................                380
HFE-338pcc13 (HG-01)......................     188690-78-0  CHF2OCF2CF2OCHF2.................              1,500
HFE-347mcf2...............................     171182-95-9  CF3CF2OCH2CHF2...................                374
HFE-347mmz1 (Sevoflurane).................      28523-86-6  (CF3)2CHOCHF2....................              c 216
HFE-347pcf2...............................        406-78-0  CHF2CF2OCH2CF3...................                580
HFE-356mff2...............................        333-36-8  CF3CH2OCH2CF3....................               b 17
HFE-356pcf2...............................      50807-77-7  CHF2CH2OCF2CHF2..................                265
HFE-356pcf3...............................      35042-99-0  CHF2OCH2CF2CHF2..................                502
HFE-43-10pccc (H-Galden 1040x, HG-11).....        E1730133  CHF2OCF2OC2F4OCHF2...............              1,870
HCFE-235ca2 (Enflurane)...................      13838-16-9  CHF2OCF2CHFC1....................              b 583
HCFE-235da2 (Isoflurane)..................      26675-46-7  CHF2OCHClCF3.....................                350
HG-02.....................................     205367-61-9  HF2C-(OCF2CF2)2-OCF2H............            b 2,730
HG-03.....................................     173350-37-3  HF2C-(OCF2CF2)3- OCF2H...........            b 2,850
HG-20.....................................     249932-25-0  HF2C-(OCF2)2-OCF2H...............            b 5,300
HG-21.....................................     249932-26-1  HF2C-OCF2CF2OCF2OCF2O-CF2H.......            b 3,890
HG-30.....................................     188690-77-9  HF2C-(OCF2)3-OCF2H...............            b 7,330
1,1,1,2,2,3,3-Heptafluoro-3-(1,2,2,2-            3330-15-2  CF3CF2CF2OCHFCF3.................            b 6,490
 tetrafluoroethoxy)-propane.
1,1'-Oxybis[2-(difluoromethoxy)-1,1,2,2-       205367-61-9  HCF2O(CF2CF2O)2CF2H..............            b 4,920
 tetrafluoroethane.
1,1,3,3,4,4,6,6,7,7,9,9,10,10,12,12-           173350-37-3  HCF2O(CF2CF2O)3 CF2H.............            b 4,490
 hexadecafluoro-2,5,8,11-Tetraoxadodecane.
1,1,3,3,4,4,6,6,7,7,9,9,10,10,12,12,13,13,     173350-38-4  HCF2O(CF2CF2O)4CF2H..............            b 3,630
 15,15-eicosafluoro-2,5,8,11,14-
 Pentaoxapentadecane.
1,1,2-Trifluoro-2-(trifluoromethoxy)-           84011-06-3  CHF2CHFOCF3......................            b 1,240
 ethane.
1,1,2,2-Tetrafluoro-1-                          37031-31-5  CH2FOCF2CF2H.....................              b 871
 (fluoromethoxy)ethane.
Trifluoro(fluoromethoxy)methane...........       2261-01-0  CH2FOCF3.........................              b 751
Difluoro(fluoromethoxy)methane............        461-63-2  CH2FOCHF2........................              b 617
Fluoro(fluoromethoxy)methane..............        462-51-1  CH2FOCH2F........................              b 130
----------------------------------------------------------------------------------------------------------------
                                       Unsaturated perfluorocarbons (PFCs)
----------------------------------------------------------------------------------------------------------------
PFC-1114; TFE.............................        116-14-3  CF2=CF2; C2F4....................             b 0.04
PFC-1216; Dyneon HFP......................        116-15-4  C3F6; CF3CF=CF2..................             b 0.05
PFC C-1418................................        559-40-0  c-C5F8...........................             b 1.97
Perfluorobut-2-ene........................        360-89-4  CF3CF=CFCF3......................             b 1.82
Perfluorobut-1-ene........................        357-26-6  CF3CF2CF=CF2.....................             b 0.10
Perfluorobuta-1,3-diene...................        685-63-2  CF2=CFCF=CF2.....................             b 0.03
----------------------------------------------------------------------------------------------------------------
                   Unsaturated hydrofluorocarbons (HFCs) and hydrochlorofluorocarbons (HCFCs)
----------------------------------------------------------------------------------------------------------------
HFC-1132a; VF2............................         75-38-7  C2H2F2, CF2=CH2..................             b 0.04
HFC-1141; VF..............................         75-02-5  C2H3F, CH2=CHF...................             b 0.02
(E)-HFC-1225ye............................       5595-10-8  CF3CF=CHF(E).....................             b 0.06
(Z)-HFC-1225ye............................       5528-43-8  CF3CF=CHF(Z).....................             b 0.22
Solstice 1233zd(E)........................     102687-65-0  C3H2ClF3; CHCl=CHCF3.............             b 1.34
HFC-1234yf; HFO-1234yf....................        754-12-1  C3H2F4; CF3CF=CH2................             b 0.31
HFC-1234ze(E).............................       1645-83-6  C3H2F4; cis-CF3CH=CHF............             b 0.97
HFC-1234ze(Z).............................      29118-25-0  C3H2F4; trans-CF3CH=CHF;                      b 0.29
                                                             CF3CH=CHF(Z).
HFC-1243zf; TFP...........................        677-21-4  C3H3F3, CF3CH=CH2................             b 0.12
(Z)-HFC-1336..............................        692-49-9  CF3CH=CHCF3(Z)...................             b 1.58

[[Page 44351]]

 
HFO-1345zfc...............................        374-27-6  C2F5CH=CH2.......................             b 0.09
Capstone 42-U.............................      19430-93-4  C6H3F9, CF3(CF2)3CH=CH2..........             b 0.16
Capstone 62-U.............................      25291-17-2  C8H3F13, CF3(CF2)5CH=CH2.........             b 0.11
Capstone 82-U.............................      21652-58-4  C10H3F17, CF3(CF2)7CH=CH2........             b 0.09
----------------------------------------------------------------------------------------------------------------
                                         Unsaturated halogenated ethers
----------------------------------------------------------------------------------------------------------------
PMVE; HFE-216.............................       1187-93-5  CF3OCF=CF2.......................             b 0.17
Fluoroxene................................        406-90-6  CF3CH2OCH=CH2....................             b 0.05
----------------------------------------------------------------------------------------------------------------
                                              Fluorinated aldehydes
----------------------------------------------------------------------------------------------------------------
3,3,3-Trifluoro-propanal..................        460-40-2  CF3CH2CHO........................             b 0.01
----------------------------------------------------------------------------------------------------------------
                                               Fluorinated ketones
----------------------------------------------------------------------------------------------------------------
Novec 1230 (perfluoro (2-methyl-3-                756-13-8  CF3CF2C(O)CF (CF3)2..............              b 0.1
 pentanone)).
----------------------------------------------------------------------------------------------------------------
                                             Fluorotelomer alcohols
----------------------------------------------------------------------------------------------------------------
3,3,4,4,5,5,6,6,7,7,7-Undecafluoroheptan-1-    185689-57-0  CF3(CF2)4CH2CH2OH................             b 0.43
 ol.
3,3,3-Trifluoropropan-1-ol................       2240-88-2  CF3CH2CH2OH......................             b 0.35
3,3,4,4,5,5,6,6,7,7,8,8,9,9,9-                    755-02-2  CF3(CF2)6CH2CH2OH................             b 0.33
 Pentadecafluorononan-1-ol.
3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,11-     87017-97-8  CF3(CF2)8CH2CH2OH................             b 0.19
 Nonadecafluoroundecan-1-ol.
----------------------------------------------------------------------------------------------------------------
                                   Fluorinated GHGs with carbon-iodine bond(s)
----------------------------------------------------------------------------------------------------------------
Trifluoroiodomethane......................       2314-97-8  CF3I.............................              b 0.4
----------------------------------------------------------------------------------------------------------------
                                           Other fluorinated compounds
----------------------------------------------------------------------------------------------------------------
Trifluoromethyl formate...................      85358-65-2  HCOOCF3..........................              b 588
Perfluoroethyl formate....................     313064-40-3  HCOOCF2CF3.......................              b 580
1,2,2,2-Tetrafluoroethyl formate..........     481631-19-0  HCOOCHFCF3.......................              b 470
Perfluorobutyl formate....................     197218-56-7  HCOOCF2CF2CF2CF3.................              b 392
Perfluoropropyl formate...................     271257-42-2  HCOOCF2CF2CF3....................              b 376
1,1,1,3,3,3-Hexafluoropropan-2-yl formate.     856766-70-6  HCOOCH(CF3)2.....................              b 333
Dibromodifluoromethane (Halon 1202).......         75-61-6  CBR2F2...........................              b 231
Bis(trifluoromethyl)-methanol.............        920-66-1  (CF3)2CHOH.......................                195
1,1,1,3,3,3-Hexafluoropropan-2-ol.........        920-66-1  (CF3)2CHOH.......................              b 182
Methyl carbonofluoridate..................       1538-06-3  FCOOCH3..........................               b 95
(Octafluorotetramethy-lene) hydroxymethyl               NA  X-(CF2)4CH(OH)-X.................                 73
 group.
Methyl 2,2,2-trifluoroacetate.............        431-47-0  CF3COOCH3........................               b 52
2,2,3,3,3-pentafluoropropanol.............        422-05-9  CF3CF2CH2OH......................                 42
2-Bromo-2-chloro-1,1,1-trifluoroethane            151-67-7  CHBrClCF3........................               b 41
 (Halon-2311/Halothane).
2,2,3,3,4,4,4-Heptafluorobutan-1-ol.......        375-01-9  C3F7CH2OH........................               b 34
2,2,2-Trifluoroethyl formate..............      32042-38-9  HCOOCH2CF3.......................               b 33
1,1-Difluoroethyl 2,2,2-trifluoroacetate..    1344118-13-3  CF3COOCF2CH3.....................               b 31
Difluoromethyl 2,2,2-trifluoroacetate.....       2024-86-4  CF3COOCHF2.......................               b 27
1,1-Difluoroethyl carbonofluoridate.......    1344118-11-1  FCOOCF2CH3.......................               b 27
2,2,2-Trifluoroethanol....................         75-89-8  CF3CH2OH.........................               b 20
2,2,3,3,3-Pentafluoropropan-1-ol..........        422-05-9  CF3CF2CH2OH......................               b 19
2,2,3,4,4,4-Hexafluoro-1-butanol..........        382-31-0  CF3CHFCF2CH2OH...................               b 17
3,3,3-Trifluoropropyl formate.............    1344118-09-7  HCOOCH2CH2CF3....................               b 17
2,2,3,3,4,4,4-Heptafluoro-1-butanol.......        375-01-9  CF3CF2CF2CH2OH...................               b 16
2,2,3,3-Tetrafluoro-1-propanol............         76-37-9  CHF2CF2CH2OH.....................               b 13
2,2,2-Trifluoroethyl 2,2,2-                       407-38-5  CF3COOCH2CF3.....................                b 7
 trifluoroacetate.
Methyl 2,2-difluoroacetate................        433-53-4  HCF2COOCH3.......................                b 3
2,2-Difluoroethanol.......................        359-13-7  CHF2CH2OH........................                b 3
Perfluoroethyl acetate....................     343269-97-6  CH3COOCF2CF3.....................              b 2.1
Trifluoromethyl acetate...................      74123-20-9  CH3COOCF3........................              b 2.0
Perfluoropropyl acetate...................    1344118-10-0  CH3COOCF2CF2CF3..................              b 1.8
Perfluorobutyl acetate....................     209597-28-4  CH3COOCF2CF2CF2CF3...............              b 1.6
Ethyl 2,2,2-trifluoroacetate..............        383-63-1  CF3COOCH2CH3.....................              b 1.3
2-Fluoroethanol...........................        371-62-0  CH2FCH2OH........................              b 1.1
4,4,4-Trifluorobutan-1-ol.................        461-18-7  CF3(CH2)2CH2OH...................             b 0.05


[[Page 44352]]


   Default GWPs for Compounds for Which Chemical-Specific GWPs Are Not
                              Listed Above
------------------------------------------------------------------------
                                                         Global warming
               Fluorinated GHG group d                  potential  (100
                                                              yr.)
------------------------------------------------------------------------
Fully fluorinated GHGs...............................             10,000
Saturated hydrofluorocarbons (HFCs)..................              2,200
Partially segregated saturated hydrofluoroethers                     200
 (HFEs) and hydrochlorofluoroethers (HCFEs)..........
Non-segregated saturated HFEs and HCFEs..............              2,400
Unsaturated perfluorocarbons (PFCs), unsaturated                       1
 HFCs, unsaturated hydrochlorofluorocarbons (HCFCs),
 unsaturated halogenated ethers, unsaturated
 halogenated esters, fluorinated aldehydes, and
 fluorinated ketones.................................
Fluorotelomer alcohols...............................                  1
Fluorinated GHGs with carbon-iodine bond(s)..........                  1
Other fluorinated GHGs...............................                110
------------------------------------------------------------------------
a The GWP for this compound is different than the GWP in the version of
  Table A-1 to subpart A of Part 98 published on October 30, 2009.
b This compound was added to Table A-1 for reporting year 2014 and
  subsequent reporting years.
c The GWP for this compound was updated for reporting year 2014 and
  subsequent reporting years.
d For electronics manufacturing (as defined in Sec.   98.90), the term
  ``fluorinated GHGs'' in the definition of each fluorinated GHG group
  in Sec.   98.6 shall include fluorinated heat transfer fluids (as
  defined in Sec.   98.98), whether or not they are also fluorinated
  GHGs.

Subpart I--Electronics Manufacturing

0
6. Section 98.93 is amended by revising paragraph (i)(2) introductory 
paragraph to read as follows:


Sec.  98.93  Calculating GHG emissions.

* * * * *
    (i) * * *
    (2) Method selection for stack systems in the fab. If the 
calculations under paragraph (i)(1) of this section, as well as any 
subsequent annual measurements and calculations under this subpart, 
indicate that the stack system meets the criteria in paragraph 
(i)(2)(i) through (iii) of this section, then you may comply with 
either paragraph (i)(3) of this section (stack test method) or 
paragraph (i)(4) of this section (method to estimate emissions from the 
stack systems that are not tested). If the stack system does not meet 
all three criteria in paragraphs (i)(2)(i) through (iii) of this 
section, then you must comply with the stack test method specified in 
paragraph (i)(3) of this section.
* * * * *
0
7. Section 98.94 is amended by:
0
a. Removing paragraph (j)(5)(ii)(C); and
0
b. Revising paragraph (j)(8)(i).
    The revision reads as follows:


Sec.  98.94  Monitoring and QA/QC requirements.

* * * * *
    (j) * * *
    (8) * * *
    (i) Annual consumption of a fluorinated GHG used during the most 
recent emissions test (expressed in CO2e) changes by more 
than 10 percent of the total annual fluorinated GHG consumption, 
relative to gas consumption in CO2e for that gas during the 
year of the most recent emissions test (for example, if the use of a 
single gas goes from 25 percent of CO2e to greater than 35 
percent of CO2e, this change would trigger a re-test).
* * * * *
0
8. Section 98.96 is amended by:
0
a. Revising the parameter ``GWPi'' of Equation I-26 in 
introductory paragraph (r);
0
b. Revising the parameters ``GWPi'' and ``GWPk'' 
of Equation I-27 in paragraph (r)(1);
0
c. Revising the parameters ``GWPi'' and ``GWPk'' 
of Equation I-28 in paragraph (r)(2); and
0
d. Revising paragraph (x).
    The revisions read as follows:


Sec.  98.96  Data reporting requirements.

* * * * *
    (r) * * *
* * * * *
    GWPi = GWP of emitted fluorinated GHG i from Table A-1 
of this part.
* * * * *
    (1) * * *
* * * * *
    GWPi = GWP of emitted fluorinated GHG i from Table A-1 
of this part.
    GWPk = GWP of emitted fluorinated GHG by-product k, from 
Table A-1 of this part.
* * * * *
    (2) * * *
* * * * *
    GWPi = GWP of emitted fluorinated GHG i from Table A-1 
of this part.
    GWPk = GWP of emitted fluorinated GHG by-product k, from 
Table A-1 of this part.
* * * * *
    (x) If the emissions you report under paragraph (c) of this section 
include emissions from research and development activities, as defined 
in Sec.  98.6, report the approximate percentage of total GHG 
emissions, on a metric ton CO2e basis, that are attributable 
to research and development activities, using the following ranges: 
less than 5 percent, 5 percent to less than 10 percent, 10 percent to 
less than 25 percent, 25 percent to less than 50 percent, 50 percent 
and higher.
* * * * *
[FR Doc. 2014-17963 Filed 7-30-14; 8:45 am]
BILLING CODE 6560-50-P
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