Greenhouse Gas Reporting Program: Addition of Global Warming Potentials to the General Provisions and Amendments and Confidentiality Determinations for Fluorinated Gas Production, 73749-73796 [2014-28444]

Download as PDF Vol. 79 Thursday, No. 238 December 11, 2014 Part III Environmental Protection Agency tkelley on DSK3SPTVN1PROD with RULES3 40 CFR Part 98 Greenhouse Gas Reporting Program: Addition of Global Warming Potentials to the General Provisions and Amendments and Confidentiality Determinations for Fluorinated Gas Production; Final Rule VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11DER3.SGM 11DER3 73750 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 98 [EPA–HQ–OAR–2009–0927; FRL–9919–70– OAR] RIN 2060–AR78 Greenhouse Gas Reporting Program: Addition of Global Warming Potentials to the General Provisions and Amendments and Confidentiality Determinations for Fluorinated Gas Production Environmental Protection Agency. ACTION: Final rule. AGENCY: This final rule is effective on January 1, 2015. ADDRESSES: 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., confidential business information (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 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) DATES: The Environmental Protection Agency (EPA) is adding chemicalspecific and default global warming potentials (GWPs) for a number of fluorinated greenhouse gases (F–GHGs) and fluorinated heat transfer fluids (F– 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 changes will increase the completeness and accuracy of the carbon dioxide (CO2)-equivalent emissions calculated and reported by suppliers and emitters of fluorinated GHGs and HTFs. The EPA is also making conforming changes to the provisions for the Electronics Manufacturing and Fluorinated Gas Production source categories. In addition, the EPA is amending certain provisions of the Fluorinated Gas SUMMARY: Production source category to reduce the level of detail in which emissions are reported, eliminate the mass-balance emission calculation method, and clarify the emission factor method. These amendments also include an alternative verification approach for this source category in lieu of collecting certain data elements for which the EPA has identified disclosure concerns and for which the reporting deadline was deferred until March 31, 2015. In addition, this action establishes confidentiality determinations for certain reporting requirements of the Fluorinated Gas Production source category. 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/ ghgreporting/. To submit a question, select Rule Help Center, followed by Contact Us. Worldwide Web (WWW). In addition to being available in the docket, an electronic copy of this final rule 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 rule Web site at https:// www.epa.gov/ghgreporting/. 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 CAA section 307(d) apply to ‘‘such other actions as the Administrator may determine’’). These are amendments to existing regulations and affect emitters and suppliers of fluorinated 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 Electrical Equipment Use ......................... Electrical Equipment Manufacture or Refurbishment. Electronics Manufacturing ........................ tkelley on DSK3SPTVN1PROD with RULES3 Fluorinated Gas Production ...................... Importers and Exporters of Pre-charged Equipment and Closed-Cell Foams. Magnesium Production ............................. Table 1 of this preamble is not intended to be exhaustive, but rather provides a guide for readers regarding facilities likely to be affected by this VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 221121 33531 334111 334413 334419 334419 325120 423730 333415 336391 423620 443111 423730 326150 335313 423610 331419 Examples of affected facilities 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 unit screens manufacturing facilities. Micro-electro-mechanical systems manufacturing facilities. Industrial gases manufacturing facilities. Air-conditioning equipment (except room units) merchant wholesalers. Air-conditioning equipment (except motor vehicle) manufacturing. Motor vehicle air-conditioning manufacturing. Air-conditioners, room, merchant wholesalers. Household appliance stores. Automotive air-conditioners merchant wholesalers. Polyurethane foam products manufacturing. Circuit breakers, power, manufacturing. Circuit breakers merchant wholesalers. Primary refiners of nonferrous metals by electrolytic methods. action. Types of facilities different from those listed in the table could also be subject to reporting requirements. To determine whether you are affected by PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 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, E:\FR\FM\11DER3.SGM 11DER3 tkelley on DSK3SPTVN1PROD with RULES3 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 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. What is the effective date? The final rule is effective on January 1, 2015. Section 553(d) of the Administrative Procedure Act (APA), 5 U.S.C. Chapter 5, generally provides that rules may not take effect earlier than 30 days after they are published in the Federal Register. EPA is issuing this final rule under section 307(d)(1) of the Clean Air Act, which states: ‘‘The provisions of section 553 through 557 * * * of Title 5 shall not, except as expressly provided in this section, apply to actions to which this subsection applies.’’ Thus, section 553(d) of the APA does not apply to this rule. EPA is nevertheless acting consistently with the purposes underlying APA section 553(d) in making this rule effective on January 1, 2015. Section 5 U.S.C. 553(d)(3) allows an effective date less than 30 days after publication ‘‘as otherwise provided by the agency for good cause found and published with the rule.’’ As explained below, EPA finds that there is good cause for this rule to become effective on January 1, 2015, even though this may result in an effective date fewer than 30 days from date of publication in the Federal Register. While this action is being signed prior to December 1, 2014, there is likely to be a significant delay in the publication of this rule as it contains complex equations and tables and is relatively long. As an example, then-Acting Administrator Bob Perciasepe signed the proposed 2013 Revisions Rule on March 8, 2013, but the proposed rule was not published in the Federal Register until April 2, 2013. The purpose of the 30-day waiting period prescribed in 5 U.S.C. 553(d) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. To employ the 5 U.S.C. 553(d)(3) ‘‘good cause’’ exemption, an agency must ‘‘balance the necessity for immediate implementation against principles of fundamental fairness which require that all affected persons be afforded a reasonable amount of time to prepare for the effective date of its ruling.’’ 1 Where, as here, the final rule will be signed and made available on the EPA Web site more than 30 days before the effective date, but where the publication is likely to be delayed due to the complexity and length of the rule, the regulated entities 1 Omnipoint Corp. v. FCC, 78 F3d 620, 630 (D.C. Cir. 1996), quoting U.S. v. Gavrilovic, 551 F.2d 1099, 1105 (8th Cir. 1977). VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 are afforded this reasonable amount of time. This is particularly true given that most of the revisions being made in this package provide flexibilities to sources covered by the reporting rule or require no additional action by affected sources. We do not anticipate that finalizing the GWPs in this action will expand the set of facilities required to report under the Greenhouse Gas Reporting rule. However, in the event that this occurs, these amendments include flexibility provisions such as Best Available Monitoring Methods. We balance these circumstances with the need for the amendments to be effective by January 1, 2015; a delayed effective date would result in regulatory uncertainty, program disruption, and an inability to have the amendments (many of which clarify requirements, relieve burden, and/or are made at the request of the regulated facilities) effective for the 2015 reporting year. Accordingly, we find good cause exists to make this rule effective on January 1, 2015, consistent with the purposes of 5 U.S.C. 553(d)(3). Judicial Review. Under CAA section 307(b)(1), judicial review of this final rule is available only by filing a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit (the Court) by February 9, 2015. Under CAA section 307(d)(7)(B), only an objection to this final rule that was raised with reasonable specificity during the period for public comment can be raised during judicial review. Section 307(d)(7)(B) of the CAA also provides a mechanism for the EPA to convene a proceeding for reconsideration, ‘‘[i]f the person raising an objection can demonstrate to EPA that it was impracticable to raise such objection within [the period for public comment] or if the grounds for such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule.’’ Any person seeking to make such a demonstration to us should submit a Petition for Reconsideration to the Office of the Administrator, Environmental Protection Agency, Room 3000, EPA WJC West Building, 1200 Pennsylvania Ave. NW., Washington, DC 20460, with a copy to the person listed in the preceding FOR FURTHER INFORMATION CONTACT section, and the Associate General Counsel for the Air and Radiation Law Office, Office of General Counsel (Mail Code 2344A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20004. Note that under CAA section 307(b)(2), the requirements established by this final rule may not be challenged PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 73751 separately in any civil or criminal proceedings brought by the EPA to enforce these requirements. Acronyms and Abbreviations. The following acronyms and abbreviations are used in this document. APA Administrative Procedure Act AR4 IPCC Fourth Assessment Report AR5 IPCC Fifth Assessment Report CAA Clean Air Act CBI confidential business information CFC chlorofluorocarbon CFR Code of Federal Regulations CH4 methane CO2 carbon dioxide CO2e carbon dioxide equivalent DE destruction efficiency EAR Export Administration Regulations EF emission factor ECF emission calculation factor e-GGRT Electronic Greenhouse Gas Reporting Tool EPA U.S. Environmental Protection Agency FR Federal Register F–GHG fluorinated greenhouse gas F–HTF fluorinated heat transfer fluid GHG greenhouse gas GHGRP Greenhouse Gas Reporting Program GWP global warming potential HCFC hydrochlorofluorocarbon HCFE hydrochlorofluoroether HFC hydrofluorocarbon HFE hydrofluoroether HQ Headquarters IPCC Intergovernmental Panel on Climate Change Kg kilograms Mscf thousand standard cubic feet 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 of 1995 OMB Office of Management and Budget PFC perfluorocarbon RFA Regulatory Flexibility Act RY reporting year SAR Second Assessment Report SF6 sulfur hexafluoride TAR Third Assessment Report TPY tons per year UMRA Unfunded Mandates Reform Act of 1995 UNFCCC United Nations Framework Convention on Climate Change U.S. United States WWW Worldwide Web Organization of This Document. The following outline is provided to aid in locating information in this preamble. I. Background A. How is this preamble organized? B. Overview of Previously Proposed Actions Being Finalized in This Final Rule C. Background on the GHG Reporting Rule D. Legal Authority E. Summary of Final Amendments F. When will these amendments apply? G. Relationship Between This Final Rule, the Proposed Rule To Add GWPs to E:\FR\FM\11DER3.SGM 11DER3 73752 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations Table A–1, and the Proposed Amendments to Subpart L H. How will these amendments affect confidentiality determinations? II. Overview of Final Amendments and Responses to Public Comments A. Amendments to Table A–1 B. Amendments to Subpart L Reporting Requirements C. Removal of the Mass-Balance Method From Subpart L D. Clarification of the Subpart L Emission Factor Method III. Overview and Approach to Final CBI Determinations A. Final Confidentiality Determinations for New, Revised, and Unchanged Data Elements B. Public Comments on the Proposed Confidentiality Determinations and Responses to Public Comment IV. Impacts of the Final Rule A. How were the costs of this final rule estimated? B. Do the final confidentiality determinations change the impacts of the final amendments? V. 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 K. Congressional Review Act I. Background tkelley on DSK3SPTVN1PROD with RULES3 A. How is this preamble organized? The first section of this preamble contains an overview of the previously proposed actions being finalized by today’s final rule, background information regarding the Greenhouse Gas Reporting Program (GHGRP), an overview of the final amendments, information on when the amendments become effective, how this rule affects confidentiality determinations, and how this rule relates to other GHG reporting actions. This section also discusses the EPA’s use of our legal authority under the CAA to collect data under the Greenhouse Gas Reporting Rule, hereinafter referred to as the ‘‘GHG Reporting Rule’’ or ‘‘Part 98.’’ VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 The second section of this preamble is organized by the provisions being amended (e.g., addition of chemicalspecific and default GWPs to the general provisions, emission reporting requirements for fluorinated gas production, etc.). For each set of provisions, the preamble describes the amendments that are being finalized, summarizes the changes since the proposed rule(s), summarizes the significant public comments received, and presents the EPA’s response to those comments. Additional comments and responses can be found in the document, ‘‘Response to Public Comments on Proposed Addition of GWPs to Subpart A and Proposed Amendments to Subpart L’’ in Docket number EPA–HQ–OAR–2009–0927. The third section of this preamble discusses the confidentiality determinations for the data reporting elements in subpart L as amended by today’s action. The fourth section of this preamble discusses the economic impacts of the amendments. Finally, the fifth section of this preamble discusses the various statutory and executive order requirements applicable to this action. B. Overview of Previously Proposed Actions Being Finalized in This Final Rule In today’s final rule, we are finalizing amendments and determinations proposed in four separate previous actions. The amendments and determinations that we are finalizing from three of these actions are specifically related to Fluorinated Gas Production (subpart L). The four actions include, in chronological order: • The proposed rule entitled ‘‘Proposed Confidentiality Determinations for Data Elements Under the Mandatory Reporting of Greenhouse Gases Rule’’ (hereinafter referred to as ‘‘2012 Proposed Confidentiality Determinations’’), published on January 10, 2012 (77 FR 1434). As discussed further in Section III of this preamble, we are finalizing many of the confidentiality determinations that were proposed in that action for the subpart L data elements that are not being removed or substantially revised elsewhere in this action. • The proposed rule entitled ‘‘Revisions to Reporting and Recordkeeping Requirements, and Proposed Confidentiality Determinations Under the Greenhouse Gas Reporting Program’’ (hereinafter referred to as the ‘‘Proposed Inputs Rule’’), published on September 11, 2013 (78 FR 55994). We are finalizing PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 the revisions proposed in that action to the subpart L reporting and recordkeeping requirements, with certain changes as discussed in Section II.B of this preamble. • The proposed rule entitled ‘‘Greenhouse Gas Reporting Program: Amendments and Confidentiality Determinations for Fluorinated Gas Production’’ (hereinafter referred to as ‘‘Proposed Amendments to Subpart L’’), published on November 19, 2013 (78 FR 69337). We are finalizing that action, including the proposed confidentiality determinations for new or substantially revised data elements, with certain changes as discussed in Sections II.B and III of this preamble. • The proposed rule entitled ‘‘Greenhouse Gas Reporting Program: Addition of Global Warming Potentials’’ (hereinafter referred to as ‘‘Proposed Rule to Add GWPs’’), published on July 31, 2014 (79 FR 44332). We are finalizing that action with certain changes as discussed in Section II.A of this preamble. More background on the proposed amendments and determinations is provided in Sections I.C and III of this preamble. C. Background on the GHG Reporting Rule Part 98 was initially 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. A subsequent document finalizing reporting requirements for Fluorinated Gas Production was published on December 1, 2010 (75 FR 74774). (The final rule published on December 1, 2010 is hereinafter referred to as the ‘‘2010 Subpart L Rule’’). 1. Background on Addition of GWPs to Subpart A Table A–1 to subpart A of 40 CFR part 98 (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 GHG Reporting Rule. These GWPs are used to convert tons of chemical into tons of CO2equivalent (CO2e) for purposes of various calculations and reporting under the rule. As indicated in the Federal Register document 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 E:\FR\FM\11DER3.SGM 11DER3 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES3 scientific literature are periodically consolidated and published by the Intergovernmental Panel on Climate Change (IPCC). The initial Table A–1 finalized in the 2009 GHG 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 2 (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.) 3 The IPCC recently published the Fifth Assessment Report (AR5), which contains GWPs for a number of fluorinated GHGs that were not included in either SAR or AR4.4 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 These supplies, and a large fraction of these emissions, have been assigned a GWP of zero for purposes of GHGRP calculations and reporting, including threshold determinations.6 As discussed in the Proposed Rule to Add GWPs, the EPA has recently undertaken several efforts to improve 2 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. 3 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. 4 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. 5 Such reports have been received under subparts I, L, OO, and QQ. 6 For most subparts, including subparts I, OO, and QQ, reporters have been required to report CO2e only for fluorinated GHGs listed in Table A–1. Subpart I included a default GWP of 2,000 for purposes of various calculations (but not reporting). Subpart L included default GWPs of 2,000 and 10,000 for purposes of both calculations and reporting. VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 the quality and completeness of the GWPs used to calculate and report emissions under the GHGRP. On November 29, 2013, we published 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’’). 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 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 On November 19, 2013, we published the Proposed Amendments to Subpart L, including a proposed 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. The proposed set of five default GWPs was intended to replace the current set of two default GWPs in subpart L (discussed further in Section I.C.2 of this preamble) that are applied to fluorinated GHGs that are not included in Table A–1, increasing the precision and accuracy of calculated CO2e emissions. We requested and received comments on the GWP-related 7 As discussed in the actions 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. PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 73753 information made available by the NODA and on the proposed fluorinated GHG groups and associated default GWPs included in the Proposed Amendments to Subpart L. On July 31, 2014, after considering the public comments on all of the actions described above, we published the Proposed Rule to Add GWPs, in which we proposed to amend Table A–1 to add chemical-specific and default GWPs. The 103 proposed chemical-specific GWPs were primarily drawn from the Fifth Assessment Report (AR5). The eight proposed default GWPs were intended for fluorinated GHGs and fluorinated HTFs for which peerreviewed GWPs are not available in AR4, AR5, or other sources, and they were calculated and applied based on fluorinated GHG group. Each fluorinated GHG group was composed of compounds with similar chemical structures, which have similar atmospheric lifetimes and GWPs. The Proposed Rule to Add GWPs reflected our efforts to weigh multiple considerations in updating the set of GWPs used under the GHGRP, including 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. In the proposed rule, we weighed 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. The EPA is finalizing the addition of both chemical-specific and default GWPs in this action, with certain changes following consideration of comments submitted. Responses to significant comments submitted on the proposed addition can be found in Section II of this preamble. 2. Background on Amendments to Subpart L On January 10, 2012, the EPA published proposed determinations regarding whether the GHGRP data elements in eight subparts of Part 98, including subpart L, would or would not be entitled to confidential treatment under the CAA (77 FR 1434). In that proposed rule, the EPA proposed that the chemical identities and quantities of the fluorinated GHG emissions at the E:\FR\FM\11DER3.SGM 11DER3 tkelley on DSK3SPTVN1PROD with RULES3 73754 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations process level, reported under subpart L, are ‘‘emission data.’’ Under section 114(c) of the CAA, ‘‘emission data’’ are not eligible for confidential treatment and must be made publicly available. The EPA received two comments on that proposed rule related to subpart L. The two commenters raised concerns that the disclosure of the identity and quantities of the fluorinated GHGs emitted at the process level, from either process vents or fugitive sources, would reveal ‘‘trade secrets’’ regarding individual chemical production processes. In response to these comments, the EPA promulgated two sets of amendments that deferred full subpart L reporting until March, 2015, and established temporary, less detailed reporting requirements for reporting years (RYs) 2011, 2012, and 2013 (77 FR 51477, August 24, 2012, and 78 FR 71904, November 29, 2013). This was intended to allow the EPA additional time to evaluate the concerns raised by the commenters and to consider how the rule might be changed to balance these concerns with the EPA’s need to obtain the data necessary to inform the development of future GHG policies and programs. The temporary provisions required facilities to report total fluorinated GHG emissions at the facility level in tons of CO2e and, to enable such reporting for fluorinated GHGs that did not have GWPs on Table A–1, established two default GWPs. On November 19, 2013, the EPA published the Proposed Amendments to Subpart L. In addition to the five default GWPs discussed in Section I.C.1 of this preamble, the proposed amendments included revisions to the reporting requirements of subpart L to allow more aggregated reporting (as compared to the 2010 Subpart L rule) to address potential disclosure concerns; removal of the option to use the mass-balance approach; clarification of the emission factor approach; and various technical corrections. The EPA is finalizing those amendments in this action, with certain changes following consideration of comments submitted. Responses to significant comments submitted on the proposed amendments can be found in Section II of this preamble. On September 11, 2013 (78 FR 55994), the EPA published the Proposed Inputs Rule, in which we proposed amendments to the recordkeeping and reporting provisions of Part 98, including an alternative verification approach, to address the inputs to emission equations for which disclosure concerns were identified. The Proposed Inputs Rule included proposed revisions to the reporting and recordkeeping provisions of subpart L. VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 On October 24, 2014, the EPA issued the Final Inputs Rule (79 FR 63750). In that rule, the EPA did not take final action on the subpart L inputs to emission equations but expressed its intent to address those inputs in a separate rulemaking (79 FR 63754). We are finalizing in this action various proposals, including the abovementioned proposed revisions to subpart L inputs to emission equations (with certain changes discussed in Section II of this preamble), to consolidate all of the revisions to subpart L that are related to disclosure concerns. As described in the Proposed Inputs Rule (78 FR 55994), we evaluated the data elements for which reporting was deferred to 2015. Our evaluation involved a four-step process. The results of the final evaluation are documented in the four following memoranda available in the EPA’s Docket ID No. EPA–HQ–OAR–2010–0929: • ‘‘Summary of Data Collected to Support Determination of Public Availability of Inputs to Emission Equations for which Reporting was Deferred to March 31, 2015,’’ September 2014. • ‘‘Final Evaluation of Competitive Harm from Disclosure of ‘Inputs to Equations’ Data Elements Deferred to March 31, 2015,’’ September 2014. • ‘‘Evaluation of Alternative Calculation Methods,’’ August 2013. • ‘‘Evaluation of Alternative Verification Approaches For Greenhouse Gas Reporting Rule Subparts for which Reporting of Inputs to Emission Equations was Deferred to March 31, 2015,’’ August 2013. D. Legal Authority The EPA is finalizing these rule amendments under its existing CAA authority provided in CAA section 114. As stated in the preamble to the 2009 final GHG reporting rule (74 FR 56260, October 30, 2009), CAA section 114(a)(1) provides the EPA broad authority to require the information required to be gathered by this rule because such data inform and are relevant to the EPA’s carrying out a wide variety of CAA provisions. See the preambles to the proposed (74 FR 16448, April 10, 2009) and final Part 98 (74 FR 56260) for further information. In addition, the EPA is finalizing confidentiality determinations for certain data elements required under the GHG Reporting Rule under its authorities provided in sections 114, 301, and 307 of the CAA. As mentioned above, CAA section 114 provides the EPA authority to collect the information in Part 98. Section 114(c) requires that the EPA make publicly available PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 information obtained under section 114 except for information that is not emission data and that qualifies for confidential treatment. The Administrator has determined that this final rule is subject to the provisions of section 307(d) of the CAA. E. Summary of Final Amendments The EPA is amending the General Provisions of the Greenhouse Gas Reporting Rule as well as certain provisions of that rule that affect Fluorinated Gas Production facilities. The final amendments include the following changes: • Changes to the General Provisions (subpart A) and Conforming Changes to Electronics Manufacturing (subpart I) and Fluorinated Gas Production (subpart L): —Revision of Table A–1 to subpart A of 40 CFR part 98 (Table A–1), the compendium of GWPs used to calculate CO2e under the GHGRP, to add chemical-specific GWPs for approximately 100 fluorinated GHGs. The chemical-specific GWPs are primarily drawn from AR5. —Revision of Table A–1 to add default GWPs for fluorinated GHGs and fluorinated HTFs for which peerreviewed GWPs are not available. These default GWPs are calculated and assigned based on fluorinated GHG group and are based on the chemical-specific GWPs for the compounds in Table A–1 as revised by this rule, that is, on a combination of AR4 and AR5 GWPs. —Conforming changes to subparts I and L, which previously included their own default GWPs for purposes of certain CO2e calculations. • Changes to Fluorinated Gas Production (subpart L): —Revision of the reporting requirements of subpart L to allow more aggregated reporting as compared to the 2010 Subpart L rule to address potential disclosure concerns (see Section II.B.1 of this preamble). —Addition of a requirement to use an EPA-provided inputs verification tool (IVT) for certain inputs to subpart L emission equations for which reporting was deferred to 2015 and for which disclosure concerns have been identified. —Removal of the requirement to report certain inputs to subpart L emission equations for which reporting was deferred to 2015 and for which disclosure concerns have been identified. (This includes the revising of Table A–7 in Subpart A.) —Removal of the requirement to report certain inputs to subpart L emission E:\FR\FM\11DER3.SGM 11DER3 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations equations for which reporting was deferred to 2015 due to their not being useful for data verification or informing future GHG policy development in the absence of other deferred inputs for which the reporting requirements are being removed. —Removal of the option to use the mass-balance approach. —Clarification of the emission factor approach. —Various technical corrections. F. When will these amendments apply? Amendments to Table A–1. The amendments to Table A–1 apply to reporting that occurs in calendar year 2015 and subsequent years. For all subparts except subpart L, discussed below, this is limited to the reporting of data gathered in 2014 (i.e., RY 2014) and future years.9 Subpart L. With one exception, discussed below, the amendments apply to reporting under 40 CFR part 98, subpart L (subpart L) that occurs in calendar year 2015 and subsequent years. This includes reporting of information for RY 2014 and subsequent reporting years (i.e., information related to emissions that occur in 2014 and subsequent years). It also includes reporting of certain information for RYs 2011, 2012, and 2013. We previously deferred full reporting for RYs 2011 and 2012 under the rule titled ‘‘2012 Technical Corrections, Clarifying and Other Amendments to the Greenhouse Gas Reporting Rule, and Confidentiality Determinations for Certain Data Elements of the Fluorinated Gas Source Category’’ (77 FR 51477; August 24, 2012). We deferred full reporting for RY 73755 elements (78 FR 69337, November 19, 2013). The final confidentiality determinations for these data elements together with our rationale are discussed in detail in Section III.A of this preamble. For four of the existing data elements, we are not finalizing confidentiality determinations for the reasons discussed in Section III.A. In addition, as with inputs to emission equations in other Part 98 subparts, we are not finalizing confidentiality determinations for any subpart L inputs to emission equations data. Lastly, the amendments remove certain other existing subpart L reporting requirements, while continuing to require that records be kept of these elements. Because the EPA is finalizing the removal of these data elements, the EPA is not taking final action on the previously proposed confidentiality determinations for the removed data elements. 2013 under the Final 2013 Revisions Rule. Under today’s final action, the requirement to enter inputs to subpart L emission equations into IVT applies to RY 2015 and all subsequent reporting years. As discussed further in Section II.B.1 of this preamble, starting with RY 2015 (which is required to be reported by March 31, 2016) will allow the EPA to develop a subpart L IVT module that integrates the subpart L reporting requirements being finalized in this action. G. Relationship Between This Final Rule, the Proposed Rule To Add GWPs to Table A–1, and the Proposed Amendments to Subpart L This rule is finalizing both the Proposed Rule to Add GWPs to Table A–1 and the Proposed Amendments to Subpart L. As discussed in the Proposed Rule to Add GWPs, the default GWPs that are being finalized in this action will apply across Part 98, including to subpart L. Thus, subpart L will no longer include its own default GWPs. This will simplify subpart L and ensure future as well as current consistency among the default GWPs applied across Part 98. II. Overview of Final Amendments and Responses to Public Comments A. Amendments to Table A–1 1. Summary of Final Amendments to Table A–1 H. How will these amendments affect confidentiality determinations? In this action, we are finalizing confidentiality determinations for certain subpart L data elements. The EPA proposed confidentiality determinations for the subpart L data elements (77 FR 1434, January 10, 2012), and then proposed additional confidentiality determinations for new or substantially revised subpart L data As proposed, we are amending Table A–1 to subpart A of Part 98 to add chemical-specific and default GWPs. We are adding peer-reviewed, chemicalspecific GWPs for the 98 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 adopting the GWPs provided for 97 of these 98 compounds in Table 8.A.1 of AR5.10 TABLE 2—CHEMICAL-SPECIFIC GWPS FOR ADDITION TO TABLE A–1 Common or trade name Chemical name(s) CAS No. Chemical formula AR5 GWP (100-year) Saturated HFCs Saturated HFCs with two or fewer carbon-hydrogen bonds HFC-227ca .................................. HFC-329p .................................... 1,1,1,2,2,3,3-Heptafluoropropane .................................................. 1,1,1,2,2,3,3,4,4-Nonafluorobutane ................................................ 2252–84–8 375–17–7 CF3CF2CHF2 CHF2CF2CF2CF3 2640 2360 CF3CF2CH3 CHF2CHFCHF2 CH2FCHFCF3 CH3CH2CF3 CH3CF2CH3 4620 235 290 76 144 C7F16; CF3(CF2)5CF3 7820 Saturated HFCs with three or more carbon-hydrogen bonds tkelley on DSK3SPTVN1PROD with RULES3 HFC-245cb .................................. HFC-245ea .................................. HFC-245eb .................................. HFC-263fb ................................... HFC-272ca .................................. 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 ........................................................................ 1814–88–6 24270–66–4 431–31–2 421–07–8 420–45–1 Saturated PFCs PFC-6-1-12 .................................. Hexadecafluoroheptane ................................................................. 9 With the exception of subpart L, we are not requiring or allowing reporters to submit revised certified reports for RYs 2010, 2011, 2012, or 2013 VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 with CO2e values calculated using the revised GWPs. This is the same approach as we adopted in the final Revisions Rule (78 FR 71939). PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 335–57–9 10 For one compound, CF I, which was 3 inadvertently excluded from Table A–1 previously, we are adding an AR4 GWP as proposed. E:\FR\FM\11DER3.SGM 11DER3 73756 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations TABLE 2—CHEMICAL-SPECIFIC GWPS FOR ADDITION TO TABLE A–1—Continued Common or trade name Chemical name(s) CAS No. PFC-7-1-18 .................................. Octadecafluorooctane .................................................................... Perfluorodecalin (cis) ..................................................................... Perfluorodecalin (trans) .................................................................. Chemical formula AR5 GWP (100-year) C8F18; CF3(CF2)6CF3 Z-C10F18 E-C10F18 7620 7240 6290 CF3CFHCF2OCF3 CF3CF2CF2OCHFCF3 4550 6490 32778–11–3 13838–16–9 205367–61–9 CHF2OCF2CHF2 CHF2OCF2CHFCl HF2C-(OCF2CF2)2-OCF2H 4240 583 3825 173350–37–3 HF2C-(OCF2CF2)3-OCF2H 3670 249932–25–0 HF2C-(OCF2)2-OCF2H 5300 249932–26–1 HF2COCF2CF2OCF2OCF2OCF2H HF2C-(OCF2)3-OCF2H HCF2O(CF2CF2O)4CF2H 3890 7330 3630 CHF2CHFOCF3 CH2FOCF3 1240 751 307–34–6 60433–11–6 60433–12–7 Saturated HFEs Saturated HFEs and HCFEs with one carbon-hydrogen bond HFE-329me3 ............................... 1,1,1,2,3,3-Hexafluoro-3-(trifluoromethoxy)propane ...................... 1,1,1,2,2,3,3-Heptafluoro-3-(1,2,2,2-tetrafluoroethoxy)-propane ... HFE-236ca .................................. HCFE-235ca2; enflurane ............ HG-02 .......................................... 1-(Difluoromethoxy)-1,1,2,2-tetrafluoroethane ............................... 2-Chloro-1-(difluoromethoxy)-1,1,2-trifluoroethane ........................ 1-(Difluoromethoxy)-2-(2-(difluoromethoxy)-1,1,2,2tetrafluoroethoxy)-1,1,2,2-tetrafluoroethane. 1,1,3,3,4,4,6,6,7,7,9,9,10,10,12,12-Hexadecafluoro-2,5,8,11tetraoxadodecane. (Difluoromethoxy)((difluoromethoxy)difluoromethoxy) difluoromethane. 1,1,3,3,5,5,7,7,8,8,10,10-Dodecafluoro-2,4,6,9-tetraoxadecane .... 428454–68–6 3330–15–2 Saturated HFEs and HCFEs with two carbon-hydrogen bonds HG-03 .......................................... HG-20 .......................................... HG-21 .......................................... HG-30 .......................................... 1,1,3,3,5,5,7,7,9,9-Decafluoro-2,4,6,8-tetraoxanonane ................. 1,1,3,3,4,4,6,6,7,7,9,9,10,10,12,12,13,13,15,15-eicosafluoro2,5,8,11,14-Pentaoxapentadecane. 1,1,2-Trifluoro-2-(trifluoromethoxy)-ethane .................................... Trifluoro(fluoromethoxy)methane ................................................... 188690–77–9 173350–38–4 84011–06–3 2261–01–0 Saturated HFEs and HCFEs with three or more carbon-hydrogen bonds HFE-263m1; R-E-143a ............... HFE-347mmz1; Sevoflurane ....... HFE-365mcf2 .............................. HFE-356mff2 ............................... HG′-01 ......................................... HG′-02 ......................................... HG′-03 ......................................... 1,1,2,2-Tetrafluoro-1-(trifluoromethoxy)ethane .............................. 2-(Difluoromethoxy)-1,1,1,3,3,3-hexafluoropropane ...................... 1-Ethoxy-1,1,2,2,2-pentafluoroethane ............................................ bis(2,2,2-trifluoroethylTrifluoroethyl) ether ..................................... 1,1,2,2-Tetrafluoro-1,2-dimethoxyethane ....................................... 1,1,2,2-Tetrafluoro-1-methoxy-2-(1,1,2,2-tetrafluoro-2methoxyethoxy)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[1,2,2,2tetrafluoro-1-(trifluoromethyl)ethyl]-furan. 1-Ethoxy-1,1,2,3,3,3-hexafluoropropane ........................................ Fluoro(methoxy)methane ............................................................... 1,1,2,2-Tetrafluoro-3-methoxy-propane; Methyl 2,2,3,3tetrafluoropropyl ether. 1,1,2,2-Tetrafluoro-1-(fluoromethoxy)ethane ................................. Difluoro(fluoromethoxy)methane .................................................... Fluoro(fluoromethoxy)methane ...................................................... 690–22–2 28523–86–6 22052–81–9 333–36–8 73287–23–7 485399–46–0 CF3OCH2CH3 (CF3)2CHOCH2F CF3CF2OCH2CH3 CF3CH2OCH2CF3 CH3OCF2CF2OCH3 CH3O(CF2CF2O)2CH3 29 216 58 17 222 236 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 60598–17–6 CF3CHFCF2OCH2CH3 CH3OCH2F CHF2CF2CH2OCH3 23 13 0.49 37031–31–5 461–63–2 462–51–1 CH2FOCF2CF2H CH2FOCHF2 CH2FOCH2F 871 617 130 85358–65–2 313064–40–3 481631–19–0 197218–56–7 271257–42–2 856766–70–6 32042–38–9 1344118–09–7 HCOOCF3 HCOOCF2CF3 HCOOCHFCF3 HCOOCF2CF2CF2CF3 HCOOCF2CF2CF3 HCOOCH(CF3)2 HCOOCH2CF3 HCOOCH2CH2CF3 588 580 470 392 376 333 33 17 431–47–0 1344118–13–3 2024–86–4 407–38–5 433–53–4 343269–97–6 74123–20–9 1344118–10–0 209597–28–4 383–63–1 CF3COOCH3 CF3COOCF2CH3 CF3COOCHF2 CF3COOCH2CF3 HCF2COOCH3 CH3COOCF2CF3 CH3COOCF3 CH3COOCF2CF2CF3 CH3COOCF2CF2CF2CF3 CF3COOCH2CH3 52 31 27 7 3 2.1 2.0 1.8 1.6 1.3 FCOOCH3 95 Fluorinated formates Trifluoromethyl formate .................................................................. Perfluoroethyl formate .................................................................... 1,2,2,2-Tetrafluoroethyl formate ..................................................... Perfluorobutyl formate .................................................................... Perfluoropropyl formate .................................................................. 1,1,1,3,3,3-Hexafluoropropan-2-yl formate .................................... 2,2,2-Trifluoroethyl formate ............................................................ 3,3,3-Trifluoropropyl formate .......................................................... tkelley on DSK3SPTVN1PROD with RULES3 Fluorinated acetates Methyl 2,2,2-trifluoroacetate ........................................................... 1,1-Difluoroethyl 2,2,2-trifluoroacetate ........................................... Difluoromethyl 2,2,2-trifluoroacetate .............................................. 2,2,2-Trifluoroethyl 2,2,2-trifluoroacetate ....................................... Methyl 2,2-difluoroacetate .............................................................. Perfluoroethyl acetate .................................................................... Trifluoromethyl acetate ................................................................... Perfluoropropyl acetate .................................................................. Perfluorobutyl acetate .................................................................... Ethyl 2,2,2-trifluoroacetate ............................................................. Carbonofluoridates Methyl carbonofluoridate ................................................................ VerDate Sep<11>2014 20:22 Dec 10, 2014 Jkt 235001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 1538–06–3 E:\FR\FM\11DER3.SGM 11DER3 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 73757 TABLE 2—CHEMICAL-SPECIFIC GWPS FOR ADDITION TO TABLE A–1—Continued Common or trade name Chemical name(s) CAS No. 1,1-Difluoroethyl carbonofluoridate ................................................ 1344118–11–1 Chemical formula FCOOCF2CH3 AR5 GWP (100-year) 27 Fluorinated alcohols other than fluorotelomer alcohols 2,2,3,3,4,4,4-Heptafluorobutan-1-ol ............................................... 2,2,2-Trifluoroethanol ..................................................................... 2,2,3,4,4,4-Hexafluoro-1-butanol .................................................... 2,2,3,3-Tetrafluoro-1-propanol ....................................................... 2,2-Difluoroethanol ......................................................................... 2-Fluoroethanol .............................................................................. 4,4,4-Trifluorobutan-1-ol ................................................................. 375–01–9 75–89–8 382–31–0 76–37–9 359–13–7 371–62–0 461–18–7 C3F7CH2OH CF3CH2OH CF3CHFCF2CH2OH CHF2CF2CH2OH CHF2CH2OH CH2FCH2OH CF3(CH2)2CH2OH 25 20 17 13 3 1.1 0.05 116–14–3 116–15–4 559–40–0 360–89–4 357–26–6 685–63–2 CF2=CF2; C2F4 C3F6; CF3CF=CF2 c-C5F8 CF3CF=CFCF3 CF3CF2CF=CF2 CF2=CFCF=CF2 0.004 0.05 1.97 1.82 0.10 0.003 Unsaturated compounds 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 .................................................................. Unsaturated HFCs and unsaturated 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) ........................... 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 ........................................ 2,3,3,3-Tetrafluoroprop-1-ene ........................................................ (E)-1,3,3,3-Tetrafluoroprop-1-ene .................................................. (Z)-1,3,3,3-Tetrafluoroprop-1-ene .................................................. 75–38–7 75–02–5 5595–10–8 5528–43–8 102687–65–0 754–12–1 1645–83–6 29118–25–0 HFC-1243zf; TFP ........................ (Z)-HFC-1336 .............................. HFO-1345zfc ............................... Capstone 42-U ............................ Trifluoro propene (TFP); 3,3,3-Trifluoroprop-1-ene ....................... (Z)-1,1,1,4,4,4-Hexafluorobut-2-ene ............................................... 3,3,4,4,4-Pentafluorobut-1-ene ...................................................... Perfluorobutyl ethene (42-U); 3,3,4,4,5,5,6,6,6-Nonafluorohex-1ene. Perfluorohexyl ethene (62-U); 3,3,4,4,5,5,6,6,7,7,8,8,8Tridecafluorooct-1-ene. Perfluorooctyl ethene (82-U); 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10Heptadecafluorodec-1-ene. Capstone 62-U ............................ Capstone 82-U ............................ 0.04 0.02 0.06 0.22 1.34 0.31 0.97 0.29 677–21–4 692–49–9 374–27–6 19430–93–4 C2H2F2, CF2=CH2 C2H3F, CH2=CHF CF3CF=CHF(E) CF3CF=CHF(Z) C3H2ClF3; CHCl=CHCF3 C3H2F4; CF3CF=CH2 C3H2F4; trans-CF3CH=CHF C3H2F4; cis-CF3CH=CHF; CF3CH=CHF C3H3F3, CF3CH=CH2 CF3CH=CHCF3(Z) C2F5CH=CH2 C6H3F9, CF3(CF2)3CH=CH2 25291–17–2 C8H3F13, CF3(CF2)5CH=CH2 0.11 21652–58–4 C10H3F17, CF3(CF2)7CH=CH2 0.09 CF3OCFb=bCF2 CF3CH2OCH=CH2 0.17 0.05 0.12 1.58 0.09 0.16 Unsaturated Halogenated Ethers PMVE; HFE-216 .......................... Fluoroxene .................................. Perfluoromethyl vinyl ether (PMVE) ............................................... (2,2,2-Trifluoroethoxy)ethene ......................................................... 1187–93–5 406–90–6 Other short-lived compounds Fluorinated Ketones Novec 1230 ................................. FK-5-1-12 Perfluoroketone; FK-5-1-12myy2; Perfluoro(2-methyl3-pentanone). 756–13–8 CF3CF2C(O)CF (CF3)2 0.1 460–40–2 CF3CH2CHO 0.01 CF3(CF2)4CH2CH2OH CF3CH2CH2OH CF3(CF2)6CH2CH2OH CF3(CF2)8CH2CH2OH 0.43 0.35 0.33 0.19 CF3I a 0.4 Fluorinated Aldehydes 3,3,3-Trifluoro-propanal .................................................................. 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-Pentadecafluorononan-1-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 87017–97–8 Compounds with carbon-iodine bonds Trifluoroiodomethane ..................................................................... 2314–97–8 tkelley on DSK3SPTVN1PROD with RULES3 Other compounds Halon 1202 .................................. Halon-2311; Halothane ............... Dibromodifluoromethane ................................................................ 2-Bromo-2-chloro-1,1,1-trifluoroethane .......................................... 75–61–6 151–67–7 CBr2F2 CHBrClCF3 a AR4. VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\11DER3.SGM 11DER3 231 41 73758 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations We are also adding 12 default GWPs to Table A–1 for fluorinated GHGs and HTFs that do not have peer-reviewed GWPs. As proposed, the default GWPs are based on the average GWPs of groups of chemically similar fluorinated GHGs because chemically similar fluorinated GHGs have similar atmospheric lifetimes and GWPs. The fluorinated GHG groups are: (1) Fully fluorinated GHGs and HTFs, (2) saturated hydrofluorocarbons (HFCs) with two or fewer carbon-hydrogen bonds, (3) saturated HFCs with three or more carbon-hydrogen bonds, (4) saturated hydrofluoroethers (HFEs) and hydrochlorofluoroethers (HCFEs) with one carbon-hydrogen bond, (5) saturated HFEs and HCFEs with two carbonhydrogen bonds, (6) saturated HFEs and HCFEs with three or more carbonhydrogen bonds, (7) fluorinated formates, (8) fluorinated acetates, carbonofluoridates, and fluorinated alcohols other than fluorotelomer alcohols, (9) unsaturated perfluorocarbons (PFCs), unsaturated HFCs, unsaturated hydrochlorofluorocarbons (HCFCs), unsaturated halogenated ethers, unsaturated halogenated esters, fluorinated aldehydes, and fluorinated ketones, (10) fluorotelomer alcohols, (11) fluorinated GHGs with carboniodine bonds, and (12) other fluorinated GHGs and HTFs. For each fluorinated GHG group, we are basing the default GWP on the average of the chemicalspecific GWPs of compounds that belong to that group and that are either on Table A–1 already or are being added to Table A–1 under this rule. The fluorinated GHG groups and associated default GWPs are listed in Table 3 of this preamble. We are also finalizing a requirement that if a fluorinated GHG does not have a chemical-specific GWP in Table A–1 of this subpart, reporters must report the fluorinated GHG group of which that fluorinated GHG is a member. This will allow the EPA to verify that the calculation of carbon dioxide equivalent was conducted correctly. Finally, although we do not anticipate that finalizing the GWPs in this action will expand the set of facilities required to report under the GHGRP, we are including special provisions for facilities that become newly subject to one or more subparts of Part 98 due to the addition of GWPs, as proposed. Facilities or suppliers that become newly subject to a subpart due to the addition of GWPs are not required to report their 2014 emissions or supplies under that subpart, but they are required to report their 2015 emissions or supplies under that subpart by March 31, 2016. From January 1, 2015, to March 31, 2015, they may use best available monitoring methods (BAMM) for any parameter that cannot reasonably be measured according to the monitoring and QA/QC requirements of the subpart, and they may submit a request to EPA to use BAMM beyond March 31. That request must be submitted by January 31, 2015. TABLE 3—DEFAULT GWPS FOR ADDITION TO TABLE A–1 GWP (100-year) Fluorinated GHG group tkelley on DSK3SPTVN1PROD with RULES3 Fully fluorinated GHGs ........................................................................................................................................................................ Saturated HFCs with two or fewer carbon-hydrogen bonds ............................................................................................................... Saturated HFCs with three or more carbon-hydrogen bonds ............................................................................................................. Saturated HFEs and HCFEs with one carbon-hydrogen bond ........................................................................................................... Saturated HFEs and HCFEs with two carbon-hydrogen bonds ......................................................................................................... Saturated HFEs and HCFEs with three or more carbon-hydrogen bonds ......................................................................................... Fluorinated formates ............................................................................................................................................................................ Fluorinated acetates, carbonofluoridates, and fluorinated alcohols other than fluorotelomer alcohols .............................................. 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 ....................................................................................................................................................................... 2. Changes From the Proposed Rule In the Proposed Rule to Add GWPs, we proposed to add 103 chemicalspecific GWPs and eight default GWPs to Table A–1. The proposed fluorinated GHG groups for which we proposed default GWPs were: (1) Fully fluorinated GHGs and HTFs, (2) saturated HFCs, (3) partially segregated saturated HFEs and HCFEs, (4) non-segregated saturated HFEs and HCFEs, (5) unsaturated PFCs, unsaturated HFCs, unsaturated HCFCs, unsaturated halogenated ethers, unsaturated halogenated esters, fluorinated aldehydes, and fluorinated ketones, (6) fluorotelomer alcohols, (7) fluorinated GHGs with carbon-iodine bonds, and (8) other GHGs and HTFs. The EPA is making minor changes to the proposed chemical-specific GWPs and is revising the fluorinated GHG groups and associated default GWPs VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 based on comments. Regarding the chemical-specific GWPs, one commenter noted that two stereoisomers proposed for addition to Table A–1 had notation errors (switched E/Z notations); this has been corrected in the final Table A–1. The same commenter also observed that the proposed chemicalspecific GWPs included some duplicate compounds with different GWPs. In the final Table A–1, we have removed five duplicate compounds. Two sets of duplicates resulted from our inadvertent proposed addition to Table A–1 of a GWP for a chemical that already had a GWP listed. These included two fluorinated alcohols with the CAS numbers 422–05–9 and 920–66–1. In these cases, we are retaining the previously listed GWPs, based on AR4. Three sets of duplicates came from AR5. These included two HFEs and one PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 10,000 3,700 930 5,700 2,600 270 350 30 1 1 1 2000 fluorinated alcohol with the CAS numbers 173350–37–3, 205367–61–9, and 375–01–9, respectively. In these cases, we used the average of the two GWPs, since both values had appeared in the peer-reviewed literature and had been listed by the AR5 authors. With the removal of the five duplicate chemicals, a total of 98 chemical-specific GWPs are being added to Table A–1. We are making three changes to the proposed fluorinated GHG groups and default GWPs. First, we are dividing the group of saturated HFCs into two groups based on the number of carbonhydrogen bonds in the compound. Second, we are dividing the group of saturated HFEs and HCFEs into three groups based on the number of carbonhydrogen bonds in the compound rather than two groups based on the position of the fluorine atoms in the compound E:\FR\FM\11DER3.SGM 11DER3 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES3 (segregated vs. partially segregated). Third, we are dividing the proposed ‘‘other’’ category into three groups: (1) Fluorinated acetates, carbonofluoridates, and fluorinated alcohols other than fluorotelomer alcohols, (2) fluorinated formates, and (3) other fluorinated GHGs and HTFs. We discussed these options (or similar ones, as described below) in the proposed rule and supporting analyses. We received one comment supporting the division of the ‘‘other’’ category into three categories and received no negative comments on the other options. After further consideration, we have concluded that the advantages identified in the proposed rule of these approaches, which are discussed further below, merit their adoption. These changes result in the creation of four additional fluorinated GHG groups and default GWPs, increasing the total number of default GWPs from eight to 12. As discussed further below, all of the changes are expected to increase the accuracy and precision of the default GWPs. As noted in the Proposed Rule to Add GWPs, the number of carbon-hydrogen bonds in each saturated HFC and HFE (and HCFE) is significantly correlated (negatively) with the atmospheric lifetime and GWP of that compound. For the saturated HFEs, the number of carbon-hydrogen bonds predicts the GWP more precisely than does the position of the fluorine atoms in the compound. Moreover, the number of carbon-hydrogen bonds in each compound is likely to be known, facilitating the correct categorization and default GWP selection for each saturated HFC or HFE that does not have a chemical-specific GWP on Table A–1. Thus, grouping the compounds according to the number of carbonhydrogen bonds overcomes the drawback we had identified in previous proposed rules 11 to dividing up the saturated HFCs and HFEs (and HCFEs) by atmospheric lifetime, which is that the atmospheric lifetime of a particular saturated HFC or HFE may not be known. This enables us to establish 11 In both the Proposed Amendments to Subpart L and the Proposed Rule to Add GWPs, we requested comment on the option of dividing the saturated HFCs and saturated HFEs into two or more groups each based on atmospheric lifetime or a structural characteristic (such as the number of carbon-hydrogen bonds) correlated with atmospheric lifetime (78 FR 69343 and 79 FR 44341). On the Proposed Amendments to Subpart L, we received a comment recommending that we divide the saturated HFEs into two groups based on a characteristic correlated with atmospheric lifetime and GWP, the position of the fluorine atom. We received no negative comments on the option of dividing the groups into more groups based on atmospheric lifetime. VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 groups of saturated HFCs and HFEs that have similar GWPs and to set considerably more precise default GWPs for these groups. In the Proposed Rule to Add GWPs, we proposed to define the ‘‘other’’ group as including both specific compound types (i.e., fluorinated acetates, carbonofluoridates, fluorinated alcohols other than fluorotelomer alcohols, fluorinated formates, and brominated compounds) and other compound types not otherwise included in any of the proposed fluorinated GHG groups. We proposed to set the default GWP for the group at 110 based on the average of the GWPs that had been measured for the specific compound types in the group. However, we requested comment on the option of setting a higher default (2000) to account for the possibility that newly synthesized compound types (which would be assigned the default for the ‘‘other’’ group) would have GWPs whose average was near the overall average for fluorinated GHGs. We noted that the disadvantage of this option was that it would apply an inappropriately high GWP to the specific compound types included in the group. In the supporting analysis for the proposed default GWPs, we further noted that the fluorinated formates had significantly higher GWPs than most of the other specific compound types in the ‘‘other’’ group. The average GWP for the formates was about 350, while that for most of the other identified compounds in the group was 20.12 (One other outlier in the group, dibromodifluoromethane (Halon 1202), has a GWP of 231.) Noting this difference, one commenter on the Proposed Rule to Add GWPs recommended separating the ‘‘other’’ group into three categories: Those with GWPs less than 20, those with GWPs between 20 and 100, and those with GWPs over 100. In addition, two commenters on the Proposed Amendments to Subpart L, which had included a similar grouping and default GWP for ‘‘other’’ compounds, had suggested separating compound types with average GWPs near 10 or 20 into a separate group. In the final rule, we are removing all but one of the identified, specific compound types from the ‘‘other’’ category and are separating them into two groups, each of which is defined to contain specific compound types.13 12 This value rose to 30 after the removal of the duplicate compounds, three of which were fluorinated alcohols in the ‘‘other’’ group. 13 The exception is the fluorinated GHGs that include bromine, which we are keeping in the ‘‘Other fluorinated GHGs’’ category, as proposed. Although we proposed to group (and are grouping) PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 73759 This approach allows us to set default GWPs that better reflect the average GWPs of both of the new, smaller groups. A default GWP of 350 is established for fluorinated formates, while a default of 30 is established for fluorinated acetates, carbonofluoridates, and fluorinated alcohols other than fluorotelomer alcohols. The new default GWPs differ by more than an order of magnitude, considerably increasing their precision for their respective groups. In addition, we are establishing a separate group for fluorinated GHGs that do not fall into any of the specific fluorinated GHG groups and are assigning it a default GWP of 2000. This ‘‘catch-all’’ group, which retains the title ‘‘Other fluorinated GHGs and HTFs,’’ includes types of fluorinated GHGs and HTFs whose GWPs have not been studied. Given the removal of most of the specific, relatively low-GWP compound types from this group, a default GWP of 2000 is likely to better estimate the GWPs of the compounds that remain in the group than the proposed default GWP of 110, which was based on the GWP values for a small, unrepresentative subset of fluorinated GHGs (i.e., acetates, fluoridates, fluorinated alcohols other than fluorotelomer alcohols, and formates). The default of 2000 is based on the average for all fluorinated GHGs. Where the GWPs of particular fluorinated GHG groups have not been published in the peer-reviewed literature, it is reasonable to assume they may fall anywhere on the continuum of GWPs measured for fluorinated GHGs in general. Based on fluorinated GHGs that include chlorine with similar fluorinated GHGs that do not include chlorine (e.g., grouping the HCFEs with the HFEs), we did not propose to take this approach with brominecontaining compounds, because their atmospheric behavior can be significantly different from that of similar fluorinated GHGs that do not contain bromine. For example, dibromodifluoromethane, which is a saturated compound consisting of carbon, fluorine, and bromine, is analogous to fully fluorinated GHGs, but it has a much shorter atmospheric lifetime and lower GWP than those compounds (231 vs. 10,000). (Other saturated compounds consisting of carbon, fluorine, and bromine, which are not included on Table A–1 because they are regulated as ozone-depleting substances under 40 CFR part 82 and are therefore exempt from the definition of ‘‘fluorinated GHG,’’ have higher GWPs; but their average GWP of 2,400 is still significantly lower than the average for fully fluorinated GHGs.) 2-bromo-2-chloro-1,1,1trifluoroethane, which is a saturated compound consisting of carbon, fluorine, chlorine, bromine, and hydrogen, is analogous to HFCs that include two or fewer carbon-hydrogen bonds, but it has a much shorter atmospheric lifetime and lower GWP than those compounds (41 vs. 3700). (Dibromodifluoromethane and 2-bromo-2-chloro1,1,1-trifluoroethane are the only brominecontaining fluorinated GHGs with chemical-specific GWPs on Table A–1.) E:\FR\FM\11DER3.SGM 11DER3 73760 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations this principle, a default GWP of 2000 is currently used in subpart I and subpart L for, respectively, any fluorinated GHG whose GWP is not on Table A–1, and for any fluorinated GHG, other than a fully fluorinated GHG, whose GWP is not on Table A–1. While the default GWPs in subparts I and L are now being replaced by the default GWPs in Table A–1, which reflect more precise information regarding the atmospheric behavior of a number of fluorinated GHG groups, it is appropriate to retain the default of 2000 where more precise information is not available. tkelley on DSK3SPTVN1PROD with RULES3 3. Summary of Comments and Responses Regarding Proposed Rule To Add GWPs Comment: All commenters who expressed an opinion on the addition of chemical-specific GWPs to Table A–1 supported the addition of most of the AR5 GWPs that the EPA proposed to add. (As discussed further below, two commenters objected to the addition of very-low-GWP compounds to Table A–1.) Several commenters noted that the IPCC Assessment Reports represent the most widely recognized source of peer-reviewed GWP values, and that the GWPs in AR5 are the most up-to-date and accurate of those published in these Reports. Two commenters advocated the adoption of AR5 GWPs for all of the compounds in Table A–1, noting that these represented the most recent and accurate GWP values available. One of these commenters asserted that the EPA’s proposal to use AR5 in most but not all cases is ‘‘internally inconsistent, arbitrary, and irrational,’’ stating that GHGRP data are the basis for many agency analyses and decisions and that use of the proposed GWP would render agency decisions less reliable. The commenter noted that the EPA could use other means to harmonize information with the UNFCCC reporting conventions. Two other commenters disagreed with the addition to Table A–1 of compounds with very low GWPs, stating that the proposal would make them, in one of the commenter’s words, subject to ‘‘regulation under the GHGRP and also potentially under the prevention of significant deterioration (PSD) and Title V permitting programs.’’ The commenters argued that addition of a large number of low GWP materials to Table A–1 could substantially increase the reporting burden on U.S. semiconductor manufacturers without significantly increasing the accuracy of facility reporting or the Inventory as a whole. VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 Three of the commenters urged the EPA to modify the definition of fluorinated GHG to exclude fluorinated compounds with very low GWPs. They stated that these products were produced in low volumes and emitted in still lower volumes, meaning that their GWP-weighted emissions did not justify the significant administrative burden of reporting them. Response: The EPA agrees that the AR5 GWPs are the most up-to-date and accurate available. As proposed, we are adopting AR5 GWPs for compounds for which AR4 GWPs are not available but are retaining the AR4 GWPs where they are available. As established in the Revisions Rule and reiterated in the Proposed Rule to Add GWPs, this is to remain consistent with UNFCCC reporting, which requires the use of AR4 GWPs for the GHGs with GWPs listed in AR4, and also with other national and international GHG analyses, policies, and programs. (For more discussion of these analyses and programs, see the Revisions Rule at 78 FR 71912–13). It is also consistent with the approach we took in the original Table A–1, which included GWPs from the SAR where they were available (consistent with UNFCCC requirements) but also included GWPs from AR4 for compounds for which SAR GWPs were not available. The benefits of using the same GWPs as other analyses, policies, and programs, particularly the Inventory of U.S. Greenhouse Gas Emissions and Sinks, are discussed at length in the Revisions Rule (78 FR 71911–12). Briefly, they include facilitating more efficient review and comparison of data collected through the GHGRP and other U.S. climate programs, reducing the potential errors that may arise when comparing multiple data sets or converting GHG emissions or supply based on separate GWPs, and reducing the burden for reporters and agencies to keep track of separate GWPs when submitting information to these programs. In the Revisions Rule, we weighed these benefits against the increase in accuracy that would result from adopting more recent GWPs to better characterize national GHG emissions and inform EPA policies. We concluded that, where the choice is between an AR4 GWP and an AR5 GWP, the potential gain in accuracy does not justify the loss of consistency with UNFCCC reporting (and associated policy analysis) that would result. We are adding the GWPs of very-lowGWP fluorinated GHGs to Table A–1 as proposed. It is important to note that this does not expand the set of fluorinated GHGs and HTFs that must PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 be reported under the GHGRP because that 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. As noted above and in the Proposed Rule to Add GWPs, semiconductor facilities, as well as other emitters and suppliers of fluorinated GHGs that do not have GWPs on Table A–1, are already required to report (and do report) emissions and supplies, respectively, of these GHGs and HTFs. Regarding the potential impact on permitting requirements of including very-low-GWP gases in Table A–1, including these gases is expected to have negligible impact on permitting requirements. As explained in the proposal to this rule, the potential impact of these proposed changes on permitting requirements is narrowed by the U.S. Supreme Court decision in Utility Air Regulatory Group v. EPA (No. 12–1146), which found that greenhouse gases cannot be treated as an air pollutant for purposes of determining whether a source is a major source required to obtain a PSD or title V permit (79 FR 44344). As the EPA explained following the Supreme Court decision, the EPA will no longer require PSD permits at stationary sources if GHGs are the only pollutant (i) that the source emits or has the potential to emit above the major source thresholds, or (ii) for which there is a significant emissions increase and a significant net emissions increase from a modification, and the EPA will no longer require a source to obtain a title V permit solely because it emits or has the potential to emit GHGs above the major source thresholds.14 Thus, the EPA will only apply the permitting requirements to which the commenters generally refer to GHGs at new and modified sources that trigger permitting requirements on the basis of their emissions of air pollutants other than GHGs (also known as ‘‘anyway sources’’). Accordingly, PSD’s best available control technology (BACT) requirement will still apply to GHGs emitted at or above certain thresholds by anyway sources, and title V permits for anyway sources will need to incorporate and assure compliance with those BACT limits that remain 14 Memorandum for Janet G. McCabe and Cynthia Giles to Regional Administrators, Next Steps and Preliminary Views on the Application of Clean Air Act Permitting Programs to Greenhouse Gases Following the Supreme Court’s Decision in Utility Air Regulatory Group v. Environmental Protection Agency (July 24, 2014) (‘‘July 24 Memo’’), at 2, available at https://www.epa.gov/nsr/documents/ 20140724memo.pdf. E:\FR\FM\11DER3.SGM 11DER3 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations applicable requirements under a PSD permit issued to the source.15 The revised GWP values will apply to future permitting actions when determining whether a source required to obtain a PSD permit based on emissions of pollutants other than GHGs has emissions of GHGs that exceed the threshold at which BACT applies to emissions of greenhouse gases from such sources. While some refinements to EPA’s regulations may be forthcoming based on the Supreme Court decision described above, under regulations that remain applicable at this time, the EPA has defined greenhouse gases for permitting purposes as the aggregate group of the following six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. See, e.g., 40 CFR 51.166(b)(48)(i). The amount of such emissions is quantified for permitting purposes by multiplying the mass of each of these six gases by the associated GWP in Table A–1. 40 CFR 51.166(b)(48)(ii). Any changes to GWP values for substances that are among the six gases listed above will become a part of the calculation of CO2e for permitting purposes. In this context, because the revised GWPs are so low and the magnitude of their emissions in tons of chemical is not expected to be large, the revisions to table A–1 in this rule are not expected to have a significant impact on application of the BACT requirement to GHGs at sources that trigger the requirement to obtain a permit based on emission of other pollutants.16 Contrary to the generalized concerns of the commenters, we believe that listing of very-low-GWP gases in Table A–1 will facilitate informed decisionmaking regarding the relative climate impacts of these and other fluorinated GHGs in industrial, commercial, and household use, while having only a negligible permitting impact. Based on that information, the EPA may evaluate in the future whether it would be appropriate to modify the definition of fluorinated greenhouse gas, which is outside the scope of this rulemaking. Comment: Three commenters supported the proposed fluorinated GHG groups and default GWPs for tkelley on DSK3SPTVN1PROD with RULES3 15 July 24 Memo at 3–5. addition of very-low-GWP gases in Table A–1 that are not among the six listed above does not result in these gases becoming subject to permitting requirements under the Clean Air Act. The EPA had made clear that regulations that require monitoring and reporting of pollutant emissions do not make a pollutant subject to regulation. See 75 FR 17004, and 40 CFR 52.21(b)(49). 16 The VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 fluorinated GHGs without peerreviewed GWPs. One of the commenters noted that the proposed groups and GWPs reflected comments submitted on the Proposed Amendments to Subpart L, and two of the commenters agreed that default GWPs based on fluorinated GHG groups, though possibly less than fully accurate, would lead to more accurate estimates of atmospheric impacts than would a GWP of zero. Two commenters disagreed with the proposed fluorinated GHG groups and default GWPs. These commenters stated that adding default GWPs to Table A– 1 could have permitting implications and that GWPs that have not been peerreviewed are more likely to change significantly, which may have compliance implications. One of the commenters also asserted that the fluorinated GHG groups were very broad, and that companies may need to exert considerable effort to determine which of the materials used at their facilities fall into which group and therefore trigger regulatory requirements. The other commenter argued that establishing default GWPs was inconsistent with the practice of the IPCC and therefore diverged from accepted international practice. As a result, U.S. facilities would be subject to a different standard than competitors elsewhere. This commenter also noted that default GWPs have not been published in a peer-reviewed scientific journal, which the EPA acknowledged ‘‘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.’’ Response: As proposed, we are adding default GWPs to Table A–1. These default GWPs will be applied to fluorinated GHGs that do not have chemical-specific GWPs on Table A–1 (i.e., fluorinated GHGs that did not have chemical-specific peer-reviewed GWPs available in time for this rulemaking). This is to ensure that the atmospheric impacts of all fluorinated GHGs are accounted for in GHGRP calculations and reporting. The 12 default GWPs have been developed and will be applied based on fluorinated GHG group. For each fluorinated GHG group, we are basing the default GWP on the average of the peer-reviewed, chemical-specific GWPs of compounds that belong to that group and that are either on Table A–1 or are being added to Table A–1 under this rule. As noted by several commenters and by us in the proposed rule, the default GWPs are not expected to be as precise as chemical-specific GWPs, because they are based on averages for PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 73761 groups that exhibit some variation in their GWPs (although the groups have been selected to minimize this variation). Nevertheless, for each fluorinated GHG group, the default GWP is expected to be a non-biased predictor of the GWPs of fluorinated GHGs that belong to that group, including fluorinated GHGs that have not had chemical-specific GWPs published in the peer-reviewed literature. Importantly, the default GWP is expected to be a better predictor (and in some cases, a far better predictor) of such GWPs than zero, which is always an underestimate but is the GWP that has been used to date when no chemical-specific GWP was on Table A–1. Thus, adding the default GWPs to Table A–1 will significantly increase the accuracy of the CO2e emissions that are calculated and reported under the GHGRP. As noted in the proposal, the default GWPs will also increase the stability and predictability of calculated CO2e emissions from facilities. As chemicalspecific GWPs for GHGs are developed, peer reviewed, and added to Table A–1, the change from each default GWP to the chemical-specific GWP is likely to be smaller than the change from zero to the chemical-specific GWP. This will significantly 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. Furthermore, we do not agree that adding chemical-specific GWPs and default GWPs at this time, or any future action to change these GWP values, will have implications for stationary source permitting that would justify not proceeding with this final action. The potential implications for permitting fall into two main categories. The first relates to the prospective triggering of permitting requirements at a source based on calculations of CO2e using GWP values in regulations. The second relates to compliance with emissions limits in previously issued permits that may have limits expressed in the form of CO2e calculated using the GWP values. As a general matter and as explained above, the potential impact of these changes to GWP values on the PSD and title V permit requirements that might apply to sources based on the GWP values has been narrowed by the U.S. Supreme Court decision in Utility Air E:\FR\FM\11DER3.SGM 11DER3 tkelley on DSK3SPTVN1PROD with RULES3 73762 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations Regulatory Group v. EPA (No. 12–1146). Under that decision, sources cannot become subject to the requirement to obtain a permit as a major source under these permitting programs based solely on their emissions of GHGs, thereby limiting implications of changes to GWP values in this context. As also discussed above, the revisions to Table A–1 are otherwise not expected to have a significant impact on application of the PSD BACT requirement to GHGs at sources that continue to require a PSD permit based on emissions of other pollutants. With respect to permits that have already been issued, as explained in a prior rulemaking relating to revisions to GWP values in Table A–1, the EPA does not expect the revised GWPs to be applied retroactively to prior permitting determinations and does not expect that previously approved PSD or title V permits would be reopened solely based on application of the revised GWPs in Table A–1 to prior years’ emissions (78 FR 71916). As the EPA previously explained, compliance with GHG permit limits in existing, final PSD permits ‘‘may be determined based on the GWPs that were effect at the time of permit issuance (even if the permit does not specify the applicable GWP value)’’ (78 FR 71916). Likewise, with regard to determinations of whether PSD permitting requirements applied to a source previously permitted, the EPA has already explained that ‘‘GWP revisions should not affect past permitting actions for a source that has obtained a final PSD permit before these revisions to Part 98 become effective, regardless of whether or not that PSD permit included GHG limits’’ (78 FR 71916). Should sources have specific questions regarding application of the new GWP values to previously approved PSD or title V permits, they should contact their permitting authority or their respective EPA regional office. While there should be little to no impact on both categories of permitting requirements based on this final action to add chemical-specific GWPs and default GWPs for the reasons explained above, sources are encouraged to talk to the appropriate permitting authority to the extent that questions arise regarding specific permitting requirements that apply or might apply to their GHG emissions. One commenter argued that establishing default GWPs was inconsistent with the practice of the IPCC and therefore diverged from accepted international practice, subjecting U.S. facilities to a different standard than competitors in the World VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 Semiconductor Council (WSC) and elsewhere. As noted above, we believe that consistency between the GHGRP and other national and international policies and programs is important for the GHGs that are included in AR4; for these GHGs, the improvement in accuracy that would be associated with the use of more recent GWPs (e.g., from the Comprehensive Review or from AR5) does not justify the loss of consistency with UNFCCC reporting that would result. However, for the GHGs that are not included in AR4, the improvement in accuracy associated with the assignment of default GWPs rather than a GWP of zero does not result in a loss of consistency with UNFCCC reporting, since the UNFCCC does not require the use of AR4 GWPs for reporting emissions of these GHGs. In fact, the use of default GWPs facilitates compliance with the UNFCCC Reporting Guidelines, which ‘‘strongly encourage’’ Annex I Parties ‘‘to also report emissions and removals of additional GHGs’’ (i.e., GHGs whose GWPs are not included in AR4). To the extent that other consistency issues arise, the EPA and GHGRP stakeholders such as the WSC can make adjustments to GHGRP or other data sets to ensure comparability between those sets (e.g., to measure progress toward WSC goals). Regarding the comment that it would be difficult to assign fluorinated GHGs to the correct fluorinated GHG group (and therefore to select the correct default GWP), we have deliberately defined the groups based on easily ascertained criteria related to chemical structure. To further facilitate selection of the correct default GWP, we intend to automatically assign it through our data system for commonly used fluorinated GHGs and HTFs that are reported under the GHGRP, such as fully fluorinated HTFs used in electronics manufacturing. Thus, we do not expect that selection of the correct default GWP will impose a significant burden on reporting facilities. B. Amendments to Subpart L Reporting Requirements 1. Summary of Final Amendments to Subpart L Reporting Requirements As proposed, the EPA is permanently amending the subpart L reporting requirements to require reporting at a more aggregated level than in the 2010 subpart L rule. Specifically, we are requiring owners and operators of facilities producing fluorinated gases to report (1) emissions by fluorinated GHG group (chemical type) at the process level for each generically defined production or transformation process, PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 and (2) emissions by chemical at the facility level for certain fluorinated GHG emissions. These changes apply only to emissions from production and transformation processes; emissions from venting of container heels and destruction of previously produced fluorinated GHGs must be reported by chemical and by process as required by the 2010 Subpart L Rule. Fluorinated GHG emissions from production and transformation processes must be reported by chemical at the facility level when (a) the fluorinated GHG is emitted in quantities above 1,000 metric tons CO2e (mtCO2e) and the facility produces more than one fluorinated gas product,17 or (b) for facilities that produce only one fluorinated gas product, the fluorinated GHG emitted is a major fluorinated GHG constituent of a fluorinated gas product and the fluorinated gas product is sold or otherwise transferred to another person. (Other fluorinated GHG emissions from production and transformation processes at the facility level will be reported by chemical type.) Where the emission factor or emission calculation factor approaches are used, facilities are required to further disaggregate process emissions by emission type (i.e., into vented vs. leaked emissions). In addition to the changes above, we are replacing the requirements to report process-specific emission factors, activity data, and destruction efficiencies with a requirement to identify, as a range, the level by which the emissions of each process are reduced or controlled (e.g., by destruction devices). We are also removing the requirement that facilities report the following data elements: the contents, locations, and functions of the streams analyzed under the scoping speciation (40 CFR 98.126(a)(3) and (a)(4)). All of these changes (as well as the revised default GWPs and fluorinated GHG groups, discussed in Sections II.A and II.B.5 of this preamble) will apply to (previously deferred) reporting for RYs 2011, 2012, and 2013 (i.e., reporting of emissions that occurred in 2011, 2012, and 2013), as well as to reporting for emissions that occur in 2014 and later years. To consolidate all of the revisions to subpart L that are related to disclosure concerns, the EPA also is finalizing in this action the alternative verification approach that was proposed for subpart L in the Proposed Inputs Rule. (In the Proposed Amendments to Subpart L, we 17 We are defining fluorinated gas product as the product of the process, including isolated intermediates. E:\FR\FM\11DER3.SGM 11DER3 tkelley on DSK3SPTVN1PROD with RULES3 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations discussed the relationship between those amendments and the amendments that were proposed in the Proposed Inputs Rule, and we made available a version of the subpart L regulatory text as it would be amended by both actions (78 FR 69340).) The alternative verification approach for subpart L is the same as that in the Final Inputs Rule, except that the requirement for subpart L reporters to use IVT will apply to RY 2015 and later reporting years. This is necessary to allow the EPA to develop a subpart L IVT module that integrates the subpart L reporting requirements being finalized in this action. As noted in the Proposed Inputs Rule, the inputs verification tool is designed to be used concurrently with annual reporting by facilities. While additional verification could be conducted on past years’ data if the inputs verification tool were used for those years, for the reasons stated in the Proposed Inputs Rule, the EPA has determined that the added benefit does not outweigh the burden that would be required for facilities to use the inputs verification tool for years that will already have been reported in full by the time the tool is available for use. For further details, please see the Proposed Inputs Rule (78 FR 56004). As noted above, facilities will be submitting full subpart L reports for Reporting Years 2011, 2012, and 2013 in calendar year 2015. As described in the Proposed Inputs Rule, the EPA is currently using a twostep verification approach for the GHGRP: • Initial automated review of reported data, using an electronic data quality assurance program built into the data system, for use by reporters and the EPA to help assure the completeness and accuracy of data. • Based on the initial review results, follow up with facilities regarding potential errors, discrepancies, or questions, including on-site audits. Until the Inputs Verification Tool is in place, the EPA intends to continue to verify subpart L emissions using this approach. The EPA may also perform manual checks. More specifically, the EPA intends to look at expected emission levels and patterns, internal consistency, consistency with emissions reported previously by the same facility, consistency with emissions reported by other fluorinated gas production facilities, and report completeness. We are also finalizing revisions to Table A–7 by removing all subpart L inputs to equations from Table A–7. With the exception of the data elements in 98.126(b)(10), (11), and (12), which were addressed in the Proposed VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 Amendments to Subpart L, the Proposed Inputs Rule proposed to remove all subpart L inputs to equations from Table A–7. We are finalizing these provisions as proposed. With respect to the data elements in 98.126(b)(10), (11), and (12), these data elements were proposed to be removed from the subpart L provisions in the Proposed Amendments to Subpart L; however, we inadvertently did not make the corresponding changes in Table A–7. As a result, consistent with the Proposed Amendments to Subpart L, we are making the corresponding change in Table A–7 and removing the data elements in 98.126(b)(10), (11), and (12) from Table A–7 in this action. 2. Changes From the Proposed Rules a. Changes to Provisions Proposed in the Proposed Amendments to Subpart L The EPA is making minor changes to the reporting requirements proposed in the Proposed Amendments to Subpart L to clarify and streamline them. First, we are not finalizing two proposed reporting provisions that would be redundant with two existing reporting provisions. Specifically, we are not finalizing the proposed paragraphs 98.126(a)(6)(i) and (ii), which would have required reporting of emissions from destruction of previously produced fluorinated GHGs and emissions of container heels, because paragraphs 98.126(g) and (h) already require this reporting. However, we are slightly revising 98.126(h) to require reporting of aggregate emissions of each fluorinated GHG across container types and sizes (rather than for each container type and size) as would have been required by the proposed 98.126(a)(6)(i). Reporting of emissions by container type and size is no longer useful for verification given the removal of the requirement to report heel factors by container type and size. Second, we are clarifying in several places that the requirements to report facility-level emissions by chemical or by fluorinated GHG group apply only to emissions from production and transformation processes. Because emissions from container venting and destruction of previously produced fluorinated GHGs are already required to be reported by chemical from each of these activities, it is not necessary to report them again at the facility level (except as part of the total CO2e emissions for the facility reported under 98.3(c)(4)(i)). Third, the EPA is removing 98.126(f)(5), the requirement to submit a revised destruction device testing report when changes to the destruction device would be expected to affect the PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 73763 destruction efficiency (DE). This change is necessary for consistency with our removal of the requirement to report the original DE at 98.126(f)(1). As discussed in the Proposed Amendments to Subpart L, we identified potential disclosure concerns associated with reporting of exact destruction efficiencies at the process level under subpart L. These concerns apply to revised destruction efficiencies as well as to original destruction efficiencies. To ensure that we continue to receive useful information on the level of control for each process, we are finalizing our proposal to replace the requirement to report exact destruction efficiencies with the requirement to report, as a range, the effective DE of each process (78 FR 69348–49). In addition to these changes, we have revised the proposed fluorinated GHG groups and default GWPs in response to comments. These changes are discussed below in Section II.B.2.b. b. Changes to Provisions Proposed Relative to the Alternative Verification Approach As previously mentioned, the Proposed Inputs Rule included an alternative verification approach and associated reporting and recordkeeping requirements. This section discusses the changes since proposal. First, we are not finalizing the entry of the inputs to the mass-balance equations into IVT as proposed in the Proposed Inputs rule. Shortly after issuing the Proposed Inputs Rule, we proposed to remove the mass-balance approach altogether in the Proposed Amendments to Subpart L for the reasons provided in the proposal. As discussed in Section II.C of this preamble, we are finalizing the removal of the mass-balance method through this action. Because the mass-balance equations are no longer in subpart L, we are not requiring the entry of the inputs to those equations into IVT. Second, we are requiring entry of chemical-specific emissions from leaks for each process into IVT. In the Proposed Amendments to Subpart L, we proposed to replace the reporting of this data element with the reporting of CO2e emissions by fluorinated GHG group from leaks for each process, which we believe will provide us adequate information for policy purposes while addressing the potential disclosure concerns associated with the reporting of chemical-specific emissions from process leaks. In our effort to consolidate all subpart L proposed revisions, including IVT, into one final action, we note that entry of chemicalspecific emissions from leaks into IVT E:\FR\FM\11DER3.SGM 11DER3 tkelley on DSK3SPTVN1PROD with RULES3 73764 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations will facilitate verification of the replacement data reporting element. Specifically, entry into IVT of chemicalspecific emissions from leaks for each process will allow us to verify (1) the reported CO2e emissions by fluorinated GHG group from leaks for each process, and (2) the emissions reported either by chemical or by fluorinated GHG group (in CO2e) at the facility level. Emissions from leaks are included in facility totals in either chemical-specific or CO2e terms, depending on the magnitude of the emissions of that chemical at the facility level. They are therefore a necessary link between the emissions from vents calculated by Equations L– 21, L–22, L–26, and L–27, which the EPA proposed to verify using IVT, and the emissions that will actually be reported at the facility level under these amendments. In light of the above, we are requiring in this final rule that chemical-specific emissions from leaks for each process be entered into IVT, along with certain inputs to emission equations, as part of the alternative verification approach. Third, for clarity, we are adding an explicit requirement to report the generically identified process for which missing data are reported under 40 CFR 98.126(d). This is in addition to the revisions to 98.126(d) that were proposed in the Inputs Rule, which we are also finalizing in today’s action. Because emissions from fluorinated gas production are monitored and calculated at the process level, identification of the process is within the subpart A requirement to report ‘‘each data element for which a missing data procedure was used according to the procedures of an applicable subpart’’ at 98.3(c)(8). However, to the extent there is any potential ambiguity, the addition clarifies the requirement to report the generically identified process. Finally, we are not finalizing our proposal to enter the data elements in Equations L–20, L–23, and L–25 into IVT. These data elements, which are not required to be reported to EPA, were inadvertently included in the group of subpart L inputs to emission equations to be entered into IVT in the Proposed Inputs Rule. Equation L–20 is used to calculate emission factors from multiple individual emission factor measurements; Equation L–23 is used to calculate adjusted process-vent-specific emission factors in the event of a process change; and Equation L–25 is used to calculate emission calculation factors based on emissions calculated using chemical engineering principles or engineering assessments. These factors are required to be measured and calculated only once every ten years or VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 if there is a change to the process. The calculations used to develop the emission factors and emission calculation factors are important for ensuring that facilities have correctly complied with subpart L’s requirements, but they are not essential for verifying emission calculations every year. Further, individual emission factor measurements are required to be included in the emissions test report under 40 CFR 98.124(c)(5), which is kept as a record under 40 CFR 127(d)(4). Similarly, emission factor calculations are required to be kept as records under 40 CFR 127(d)(5). For the reasons stated above, we are not finalizing the entry of the data elements in Equations L–20, L– 23, and L–25 into IVT. 3. Summary of Comments and Responses on Proposed Amendments to Reporting Requirements Comment: Three commenters supported the proposed replacement of chemical-specific reporting at the process level with two levels of more aggregated reporting. The commenters noted that grouping of classes of compounds will aid in protecting information about which they have disclosure concerns. Two of the commenters specifically agreed with the proposal that facilities be required to report emissions of fluorinated GHGs by chemical when emissions of that fluorinated GHG exceed 1,000 mtCO2e for the facility as a whole. An additional commenter noted that compoundspecific reporting at the facility level is sufficient to support efforts to identify and resolve differences between ‘‘bottom-up’’ emission estimates based on inventory methods and ‘‘top-down’’ emission estimates based on changing atmospheric concentrations. Two commenters agreed that a facility producing only one fluorinated gas should report emissions only by fluorinated GHG group, unless the emissions consist of a major fluorinated GHG constituent of the fluorinated gas product and that product is sold or transferred to another facility. One commenter objected to the proposal to replace some chemicalspecific reporting with aggregate reporting. The commenter stated that the proposal to require less information and ‘‘generic, melded information’’— instead of process-specific and/or chemical specific information—would undermine the EPA’s mission to protect the health and safety of the American public and the environment and the public’s ability to monitor the use of HFCs nationwide. The commenter asserted that the EPA’s proposal would materially reduce the amount and PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 quality of information available to inform future policy and that the proposal would require significantly fewer facilities to submit data compared to the original rule. In several cases, the commenter referred to drawbacks that the EPA identified in the proposed rule for alternatives to the preferred approach. The commenter suggested that certain facilities that meet specified criteria could report their fluorinated GHG emissions in a less detailed manner. The commenter further suggested that one of these criteria could be whether or not the facility is producing a unique product as opposed to a widely produced HFC. Response: As discussed above, we are finalizing the amendments to the reporting requirements as proposed. We agree with several of the commenters that the amendments will address disclosure concerns while allowing the EPA to collect the data necessary to inform the development of future GHG policies and programs. This includes data on the magnitudes (in CO2e), GWPs, atmospheric lifetimes, and sources (vents or leaks) of emissions at the process level and data on the exact chemical identities and magnitudes of significant emissions (those that exceed the 1,000 mtCO2e threshold) at the facility level. As discussed in the preamble to the proposed rule, processspecific emissions information allows the EPA to identify processes with high potential for emission reductions as well as measures to achieve those reductions. Chemical-specific information allows the EPA, as well as the public and the international community, to better understand the atmospheric impacts of U.S. emissions, to compare U.S. emissions to atmospheric measurements, and, if inconsistencies between emissions and atmospheric measurements are found, to better understand the magnitudes and causes of those inconsistencies. We have concluded that the data that will be collected under this final rule will enable us to meet these objectives. Contrary to the statements of one of the commenters, the amendments will generally continue to require reporting of process-specific as well as chemicalspecific information. Under the final rule, facilities making more than one fluorinated gas product must report their process-specific emissions by fluorinated GHG group in CO2e, and they must identify their processes by process type and subtype and a generic identifier that will remain the same from year to year. Together, these requirements will enable the EPA and the public to identify processes that are reducing emissions or that have E:\FR\FM\11DER3.SGM 11DER3 tkelley on DSK3SPTVN1PROD with RULES3 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations potential to reduce emissions significantly and/or cost-effectively (e.g., because the emissions are large and/or belong to a fluorinated GHG group with a relatively high GWP). (The requirement to report the effective DE range applied to each process will further inform such analyses.) In addition, facilities making more than one fluorinated gas product are required to report their facility-level emissions of fluorinated GHGs by chemical when the emissions of that chemical exceed 1,000 mtCO2e. This will enable the EPA to identify fluorinated GHGs (including individual HFCs) with high emissions and to compare emissions to atmospheric measurements. Facilities making only one fluorinated gas product are required to report their facility-wide emissions by fluorinated GHG group in CO2e, except they must report the emissions by fluorinated GHG when that fluorinated GHG is a major fluorinated GHG constituent of a fluorinated gas product and the fluorinated gas product is sold or otherwise transferred to another person. For facilities making only one fluorinated gas product, the facility emissions are likely to result from relatively few processes (and possibly only one), meaning that even in this case, the reported emissions are likely to be close to process-specific emissions. (We believe that only one or two facilities are likely to make only one fluorinated gas product, which includes intermediates that are fluorinated gases.) Also contrary to the statements of one of the commenters, these amendments will not require fewer facilities to submit data. The amendments do not affect the applicability of subpart L; all facilities that have reported to date and that would have reported under the 2010 Subpart L final rule if unchanged going forward will report under these amendments. Because we have concluded that the data to be collected under this rule are sufficient to inform the development of future GHG policies and programs with respect to emissions from the production of all fluorinated gases, we are not pursuing an approach that would impose different reporting requirements for facilities or processes that produce ‘‘unique’’ vs. ‘‘commonly made’’ fluorinated gases. In addition to being unnecessary, that approach would require the development and application of criteria to determine which products or processes are ‘‘unique,’’ which would impose an administrative burden both on the Agency and on the regulated community, and which would likely further delay process- and chemical- VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 specific reporting from fluorinated gas producers. One of the challenges of developing and applying such criteria would be that unique processes are sometimes used to produce even commonly made fluorinated GHGs, including commonly made HFCs. We agree with one of the commenters that several of the alternatives to the approach being finalized in today’s rule, such as not distinguishing between transformation processes that do and do not transform fluorinated GHGs produced at another facility, would have reduced the usefulness of the data reported to the EPA. We did not receive any comments supporting these alternatives and we are not adopting them in today’s final rule. Comment: Two commenters stated that they did not anticipate that there would be export control limitations in complying with the proposed reporting requirements. However, they stated that in future reporting years, facilities would be obligated to comply with export control requirements in the event that any portion of the information reported was subject to export control regulations. One of these commenters suggested that the EPA either ‘‘use its enforcement discretion and determine appropriately that the company could not comply with the GHGRP requirements’’ or provide a ‘‘CBI Petition Process’’ to ‘‘address those very infrequent occasions where confidentiality/export control issues are a concern and could not have been reasonably anticipated at the time of comment on the rule.’’ The other commenter suggested that the EPA provide exemptions for export control information where confidentiality issues were not reasonably understood at the time of rule promulgation. Response: We are not establishing a petition or exemption process under which a subpart L reporter could withhold reporting on the theory that reporting would disclose sensitive information. Based on the record for this rulemaking, including several years of discussion with the industry, extensive analysis by the EPA, and the comments submitted on the proposed rule, we believe that the amendments to the subpart L reporting requirements being promulgated today adequately address the disclosure concerns raised by the industry. We expect that the likelihood that an unanticipated disclosure concern would arise is quite low, and we have concluded that this possibility does not warrant the administrative burden associated with the development of a petition process. Moreover, due to the detailed information required to be reported, a petition process could cause PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 73765 long delays, and potential confusion, in the release of non-confidential data. Should a disclosure concern arise, we encourage reporters to bring it to our attention expeditiously so that we can consider it. Comment: Two commenters supported the proposed threshold of 1,000 mtCO2e at the facility level for reporting emissions by chemical rather than by chemical group. Both commenters noted that this would reduce the number of speciated fluorinated GHGs that would be identified, thereby reducing the chemical-specific information potentially available to competitors. One commenter stated that, from a verification perspective, it would make sense to set the threshold as a percentage of total national production of the compound or of facility-wide emissions. One commenter agreed that a threshold is ‘‘one way that true CBI concerns could be addressed’’ and that the threshold should be set in CO2e; however, the commenter considered 1,000 mtCO2e to be too high and asserted that the proposed regulations and comments provided no basis for this threshold. The commenter stated facilities that would like to protect disclosure of confidential catalysts or additives should provide an argument based on actual production practices that justify such a high threshold, and suggested that a threshold of 100 mtCO2e may be protective. Response: We are finalizing the 1,000 mtCO2e threshold for chemical-specific reporting as proposed. As noted in the proposed rule, we proposed the 1,000 mtCO2e threshold based on information from a fluorinated gas producer indicating that the vast majority of its CO2e emissions consist of fluorinated GHGs that are emitted in quantities of one ton or more from the facility as a whole. Using a GWP of 1,000, which is relatively low for fluorinated GHGs in general, this equates to 1,000 mtCO2e. (Note that using a higher GWP would result in a higher CO2e threshold (e.g., 10,000 mtCO2e for fluorinated GHGs that have a GWP of 10,000).) The producer also noted that the fluorinated GHGs that are emitted in quantities of one ton or more make up a small fraction of the number of individual fluorinated GHGs emitted. Thus, setting the threshold for chemical-specific reporting at 1,000 mtCO2e is expected to result in the reporting of the majority of CO2e emissions in chemical-specific terms, while avoiding the disclosure of detailed process information. We agree with two of the commenters that it is important to consider the E:\FR\FM\11DER3.SGM 11DER3 tkelley on DSK3SPTVN1PROD with RULES3 73766 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations relationship between the threshold and typical facility-wide and nationwide emissions. Because the reporting under subpart L to date has been only in terms of CO2e rather than by chemical, we do not yet know the exact percentage of each facility’s emissions that will be reported in chemical-specific terms. However, we do know that the average fluorinated GHG emissions reported under subpart L by each facility can be large: about 415,000 mtCO2e per facility with a national total of 6.6 million mtCO2e in 2012. The 1,000-mtCO2e threshold comprises 0.2 percent of this average. If 10 fluorinated GHGs were emitted below the threshold level, emissions of these fluorinated GHGs would make up less than 2 percent of the average, and even emissions of 50 fluorinated GHGs below the threshold would make up less than 10 percent of the average. While some facilities have emissions that are higher or lower than the average, implying that the percentage of emissions that will be reported in chemical-specific terms could be higher or lower than average at those facilities, we have concluded that this variability is reasonable given the varying environmental impacts of the emissions from those facilities. A single numerical threshold is also simpler to implement than a threshold expressed as a fraction of facility emissions. Thus, we are adopting the former rather than the latter. Although we have concluded that setting this threshold equal to 1,000 mtCO2e is reasonable based on the information available to us at this time, we may reevaluate this threshold if we find that a large share of national emissions are not being reported in chemical-specific terms at the facility level once reporting begins under these amendments. Comment: One commenter stated the proposed ranges for effective reporting DE were sufficient for the purposes of the GHGRP. The commenter did, however, question whether that information will be more useful to the EPA than simply requiring an indication regarding whether each process is controlled. The commenter pointed out that destruction efficiencies alone are not indicative of the effectiveness of a control device. Response: We are finalizing the calculation method and ranges for the effective DE as proposed. We agree with the commenter that destruction efficiencies alone do not fully characterize the effectiveness of control devices in reducing emissions. This is why the calculation of the effective DE takes into consideration the downtime of the destruction device. As discussed in the preamble to the proposed rule, VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 downtime can significantly increase emissions. The requirement to calculate and specify a range for the effective DE therefore provides significantly more information than simply reporting the unweighted DE or indicating whether or not a process is controlled by a destruction device. Comment: One commenter stated that reporting the effective DE for processes >10,000 mtCO2e will greatly benefit the effectiveness of the reporting program and enhance data reliability. The commenter noted that the operation of destruction technology is a key element of best practices. The commenter stated there is no significant burden for facilities to report both the DE and the downtime and opined that destruction device downtime cannot be considered CBI and should be disclosed. The commenter suggested that facilities also report whether they have in-line destruction equipment or whether they collect and transport HFCs to a central destruction facility. Response: We agree that reporting the effective DE, which accounts for both the DE and the downtime of destruction devices, will significantly enhance the value of the data (particularly processlevel data) collected under subpart L. In the proposed subpart L amendments, the EPA proposed to report the effective destruction efficiency as a range. In support, the EPA noted in that proposal that in the memorandum entitled ‘‘Evaluation of Competitive Harm From Disclosure of ‘Inputs to Equations,’ ’’ we found that reporting the precise DE under subpart L posed disclosure concerns because the DE provides data that could be used with certain other data to calculate the production rate and/or process efficiency (cost to do business) (78 FR 69348).18 Specifically, the DE could be used with other data to calculate the production rate or the amount of fluorinated GHG in a destroyed stream removed from the process and sent to a destruction device. This finding, which was unchanged in the Final Inputs Rule, applies even more to the combination of DE and downtime, which, as noted by the commenter, provides a more accurate measure of the extent to which emissions are being reduced than DE alone. In addition, the EPA explained in the proposed subpart L amendments that reporting the effective DE as a range will capture the impacts of destruction efficiencies and downtimes while avoiding the 18 August, 2013, available in Docket EPA–HQ– OAR–2010–0929. This finding was reiterated in the memorandum entitled ‘‘Final Evaluation of Competitive Harm From Disclosure of ‘Inputs to Equations’ ’’ Data Elements Deferred to March 31, 2015, September, 2014. PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 disclosure of detailed process information (78 FR 69349). The commenter generally asserts that the destruction device downtime cannot be considered CBI but provides no supporting rationale or information. The commenter also expresses no disagreement with EPA’s assertion that reporting the effective destruction efficiency as a range will capture the impacts of destruction efficiencies and downtimes. We are therefore finalizing the reporting of the effective destruction efficiency as a range, as proposed. Regarding the comment that sources should report whether they have in-line destruction equipment or whether they collect and transport HFCs to a central destruction facility, the requirement that facilities report their effective destruction efficiency for each process will capture any variability in the uptime or overall destruction efficiency associated with the use of different configurations of destruction devices at the facility. As a result, this specific information is not needed. Comment: One commenter stated that the chemical specific emissions in 98.126(a)(6) (regarding venting of residual fluorinated GHGs from returned containers) should be reported as part of the facility-wide totals required in 98.122(d). The commenter indicated it is not clear whether chemical-specific emissions reported under 40 CFR 98.126(d)(6)(ii) would impact the confidentiality issues that the EPA is addressing for subpart OO. The commenter stated that container heel venting for materials ‘‘returned from the field’’ would provide information on a specific product that may be CBI under subpart OO. (In a follow-up conversation with the EPA, the commenter clarified that this information was the chemical identity of the product.) 19 Response: As noted in Section II.A.2 of this preamble, the proposed reporting requirement at 40 CFR 98.126(a)(6)(ii), which would require reporting of the mass of each fluorinated GHG that is emitted from returned containers, inadvertently repeated the current reporting requirement at 40 CFR 98.126(h)(1), and we are therefore not finalizing 40 CFR 98.126(a)(6)(ii) in this final rule. As discussed in the preamble to the Proposed Amendments to Subpart L (78 FR 69350), we did not propose to remove 40 CFR 98.126(h)(1) because commenters on previous actions did not identify the requirement to report chemical-specific emissions of container 19 See docket EPA–HQ–OAR–2009–0927 for additional information. E:\FR\FM\11DER3.SGM 11DER3 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES3 heels as one of the reporting requirements that pose disclosure concerns, and we did not believe that the requirement posed such concerns. As we explained in the proposal, container heels consist of the residual fluorinated GHGs that remain in containers returned to gas manufacturers by their customers. If the fluorinated GHG has been sold or otherwise distributed to a customer, its identity can be ascertained by a person other than the fluorinated gas manufacturer, including a competitor. This is the same principle that we used to support our proposal to require reporting of emissions of the fluorinated GHG product by facilities that make one product and sell or otherwise distribute it to another person. Thus, we are not removing the requirement at 40 CFR 98.126(h)(1) to report the masses of residual fluorinated GHGs vented from containers. We do not believe that the subpart L requirement for fluorinated GHG producers to report the mass of each fluorinated GHG that is emitted from returned containers impacts confidentiality determinations for fluorinated GHG producers under subpart OO, which applies to suppliers of industrial GHGs. Under subpart OO, we determined that the mass of the fluorinated GHG product produced and reported is CBI. We did not address whether the identity of the fluorinated GHG product produced and reported was CBI. 4. Summary of Comments on Amendments to Subpart L Inputs Proposed in the Proposed Inputs Rule Comment: One commenter stated that withdrawing the requirements to report the mass and quantity of production of gases and the DE does not protect a valid CBI concern and is a great disservice to the public. The commenter specifically identified the following paragraphs as areas of concern: 40 CFR 98.126(b)(5) through (b)(9), (f)(1), (g)(1), and (h)(2). The commenter argued that the amounts of gases produced and the destruction efficiencies would not disclose the methodologies for making those substances or protect appropriate CBI concerns ‘‘anymore than a farmer not disclosing the amount of corn grown on a hectare of land would protect CBI.’’ According to the commenter, a review of the DE helps evaluate the efficiency of different technologies, whether companies are optimizing the equipment and whether different collection techniques such as collection and destruction at a central facility are as effective as an in-line destruction technology. The commenter concluded VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 that the EPA should withdraw these proposed changes as the needs of public transparency outweigh any alleged CBI concern. Response: The commenter specifically objects to the removal of reporting requirements in 40 CFR 98.126(b)(5)– (9), (f)(1), (g)(1), and (h)(2). The EPA has categorized these data elements as ‘‘inputs to equations,’’ except for those in 40 CFR 98.126(b)(5). As stated in the proposed rule deferring the requirement to report inputs to equations, ‘‘For any inputs, the release of which EPA determines could result in the business harms alleged by commenters, EPA would evaluate whether emissions can be calculated or verified using additional methodologies, consistent with the transparency and accuracy goals of Part 98, without EPA collecting these inputs’’ (75 FR 81355). We examined the data elements for which reporting was deferred to 2015, as described in the Proposed Inputs Rule (78 FR 55994). Our evaluation involved a four-step process. The results of this evaluation were documented in the four following memoranda available in the EPA’s Docket ID No. EPA–HQ–OAR– 2010–0929: • ‘‘Evaluation of Public Availability of Inputs to Emission Equations for which Reporting was Deferred to March 31, 2015,’’ August 2013. • ‘‘Evaluation of Competitive Harm from Disclosure of ‘Inputs to Equations’ Data Elements Deferred to March 31, 2015,’’ August 2013. • ‘‘Evaluation of Alternative Calculation Methods,’’ August 2013. • ‘‘Evaluation of Alternative Verification Approaches For Greenhouse Gas Reporting Rule Subparts for which Reporting of Inputs to Emission Equations was Deferred to March 31, 2015,’’ August 2013. Based on the results of the first and second steps of the evaluation (evaluation of public availability and competitive harm), the EPA identified disclosure concerns associated with the subpart L inputs to equations reporting elements mentioned by the commenter. The EPA determined in its memorandum ‘‘Evaluation of Competitive Harm from Disclosure of ‘Inputs to Equations’ Data Elements Deferred to March 31, 2015,’’ August 2013 (refer to Docket ID No. EPA–HQ– OAR–2010–0929) that the following inputs to emission equations provide production or raw material data that could cause competitive harm if released: The mass of each fluorinecontaining reactant that is fed into the process (40 CFR 98.126(b)(6)); the mass of each fluorine-containing product produced by the process (40 CFR PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 73767 98.126(b)(7)); the mass of each fluorinecontaining product, by-product, and reactant that are removed from the process and fed into the destruction device (40 CFR 98.126(b)(8)(i)–(iii)); the mass of each fluorine-containing byproduct that is removed from the process and recaptured (40 CFR 98.126(b)(8)(iv)); the mass of fluorine in each stream that is fed into the destruction device (40 CFR 98.126(b)(9)(i)); the mass of fluorine that is recaptured (40 CFR 98.126(b)(9)(ii)); and the mass of the fluorinated GHG fed into the destruction device (40 CFR 98.126(g)(1)). The competitive harm evaluation further explains that the demonstrated DE of the destruction device for each fluorinated GHG fed into the device from the process (40 CFR 98.126(b)(8)(v)), the weighted average DE of the destruction device calculated for each stream (40 CFR 98.126(b)(9)(iii)), and the DE of each destruction device for each fluorinated GHG whose destruction the facility reflects in 40 CFR 98.123 (40 CFR 98.126(f)(1) provide data that could be used to calculate the amount of fluorinated GHG in a waste stream removed from the process and sent to a destruction device. Competitors could deduce the amount of fluorinated GHG sent to a destruction device if the annual emissions of each fluorinated GHG (as required to be reported under 40 CFR 98.126(a)(2)) are known and if it could be deduced that the emissions consist exclusively of post-destruction device emissions (information that a competitor knowledgeable of some aspects of the facility and/or of fluorine chemistry might deduce). We proposed that these inputs to equations would be entered into IVT instead of being reported to the EPA. The commenter asserted that the amounts of gases produced and the destruction efficiencies would not disclose the methodologies for making those substances; however, it is not the potential disclosure of production methods that is of concern for these data elements, but the ability to calculate production and process efficiency from the release of these data. As discussed in the proposed competitive harm evaluation and reiterated in final competitive harm memorandum (which was unchanged from the proposed memo for subpart L), disclosing a facility’s production or throughput data would be detrimental to a firm’s competitiveness by revealing confidential process information and operational and marketing strategies, and disclosing process performance and operation information could be E:\FR\FM\11DER3.SGM 11DER3 tkelley on DSK3SPTVN1PROD with RULES3 73768 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations detrimental to a firm’s competitiveness by revealing process efficiency, providing insight into a firm’s operational strengths and weaknesses. As a result, our finding that disclosure of these inputs to equation would be detrimental to a firm’s competitiveness still stands. Refer to the memorandum ‘‘Final Evaluation of Competitive Harm from Disclosure of ‘‘Inputs to Equations’’ Data Elements Deferred to March 31, 2015’’ September 2014 (refer to Docket ID No. EPA–HQ–OAR–2010– 0929) for additional details on this finding. We are therefore finalizing as proposed, with the exception being that the inputs to equation in 40 CFR 98.126(b) will not be entered into IVT. These inputs are specific to the mass balance method, which is being removed in this action. As a result, since the use of IVT will start for reporting year 2015 for subpart L, the mass balance method will no longer be a method in subpart L. As discussed earlier in this section of the preamble, we are also requiring the effective DE to be reported as a range, which will capture the impacts of destruction efficiencies and downtimes while avoiding the disclosure of detailed process information. Finally, for the heel factor calculated for each container size and type (40 CFR 98.126(h)(2)), the EPA determined in the harm evaluation that these data could be used to calculate the number of tanks processed if the emissions from each type of container (as required to be reported in 40 CFR 98.126(h)(1)) are also known. (The confidentiality determination for the emissions from each type of container as required to be reported in 40 CFR 98.126(h)(1) is being finalized in this action as emission data.) The number of each type of tank processed and the size of the tanks could provide insight into product sales. Again, the commenter did not provide any rationale for reversing these findings beyond asserting that the mass and amount of gases produced and the destruction efficiency rates will not disclose the methodologies for making the substances. As a result, our finding that the heel factor could provide insight into product sales still stands, and we are finalizing as proposed that this input to equation be entered into IVT rather than reported to the EPA. With respect to the mass of F–GHG by-product emitted from the process (40 CFR 98.126(b)(5)), this data element is not an input to an equation and was therefore not included in the Proposed Inputs rule. It was, however, part of the Proposed Amendments to Subpart L. As discussed in the Proposed Amendments to Subpart L, the data element may VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 reveal detailed process information. The EPA proposed to delete this reporting element as part of its removal of the mass balance method, and the EPA is finalizing the removal of this method in this action. 5. Fluorinated GHG Groups a. Summary of Fluorinated GHG Groups We are establishing 12 fluorinated GHG groups into which subpart L facilities will sort emissions for reporting at the process level. These groups are the same as those established for purposes of developing and assigning the default GWPs being added to Table A–1, discussed in Section II.B. b. Changes Since the Proposed Amendments to Subpart L We proposed to establish five fluorinated GHG groups for processlevel reporting under subpart L: (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 fluorinated GHGs and HTFs. Commenters requested that we split the third group, expand the 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. One commenter stated that five types of compounds, including unsaturated fluorinated ethers, unsaturated halogenated esters, fluorinated aldehydes, fluorotelomer alcohols,20 and fluorinated GHGs with carbon iodine bonds, would have been assigned GWPs that were too high if they had remained in the ‘‘Other’’ category. Another commenter 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 agreed with these comments and consequently included the suggested additional fluorinated GHG groups and 20 At one point in its comment, the commenter recommended establishing a separate group for fluorinated alcohols generally, which is a larger set than fluorotelomer alcohols, with an average GWP of approximately 25 (including fluorotelomer alcohols) or 30 (excluding fluorotelomer alcohols). Another commenter also recommended establishing a separate group to account for fluorinated GHGs with GWPs at or near a value of 10. As discussed in Section II.A of this preamble, we are establishing a separate fluorinated GHG group that has a default GWP of 30 and that includes, among other types of compounds, fluorinated alcohols other than fluorotelomer alcohols. PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 associated default GWPs in the Proposed Rule to Add GWPs. We also proposed that the group of unsaturated compounds include unsaturated fluorinated ethers, unsaturated halogenated esters, and fluorinated aldehydes. Following additional research and the receipt of comments on the Proposed Rule to Add GWPs, we decided to add four additional fluorinated GHG groups, as described in Section II.A.2. In addition to increasing the precision and accuracy of the default GWPs, these changes increase the precision of the subpart L processlevel reporting that relies on these chemical groups. The analysis supporting the fluorinated GHG groups and associated default GWPs can be found in the memorandum entitled ‘‘Analysis of Fluorinated Greenhouse Gas Groups and Associated Default GWPs (Revised, November 2014)’’ in Docket number EPA–HQ–OAR–2009– 0927. c. Comments Received on the Proposed Amendments to Subpart L Regarding Fluorinated GHG Groups and Responses Comment: Three commenters supported the establishment of fluorinated GHG groups based on chemical type for purposes of aggregating process-level emissions and setting default GWPs, although each commenter suggested revisions to the proposed groups. Response: We agree that establishing fluorinated GHG groups and GWPs based on chemical type helps to ensure that the groupings and default GWPs convey accurate and precise information about the atmospheric impacts of the fluorinated GHGs that fall into the groups. The comments and responses regarding suggested changes to the proposed fluorinated GHG groups are discussed in Section II.B.5.b of this preamble and in the response to comments document for this rule in Docket number EPA–HQ–OAR–2009– 0927. Comment: Three commenters supported adding chemical-specific GWPs to Table A–1 when those values were established by an internationally recognized scientific body, peerreviewed, or supported by adequate technical demonstrations. Response: As discussed above, the EPA is amending Table A–1 to add 98 chemical-specific GWPs, which are primarily drawn from the IPCC AR5. A discussion of the EPA’s criteria for including chemical-specific GWPs in Table A–1 can be found in the Proposed Rule to Add GWPs (79 FR 44332). As noted above, the new chemical-specific GWPs in Table A–1 will be applied to E:\FR\FM\11DER3.SGM 11DER3 tkelley on DSK3SPTVN1PROD with RULES3 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations the fluorinated GHGs reported under subpart L, as appropriate, as well as under other subparts. Comment: One commenter continued to believe that the ‘‘best estimate’’ approach currently contained in the subpart L rule [98.126(j)(3)] as an interim reporting construct is the most appropriate method for determining GWPs when they are not listed in Table A–1. However, the commenter appreciated the EPA’s need to provide a consistent method for all reporters and the F–GHG groupings included in the subpart L proposal are acceptable. Another commenter supported the establishment of consistent default GWPs and stated that the best-estimate GWP process setup in the temporary subpart L reporting changes [98.126(j)(3)] led to doubts about the accuracy, reliability, and comparability of the data. Response: As discussed in the Proposed Amendments to Subpart L (78 FR 69348), we believe that the replacement of ‘‘best-estimate’’ GWPs with multiple default GWPs based on fluorinated GHG group is important to ensuring the long-term consistency, accuracy, reliability, and comparability of CO2e emissions estimates for fluorinated gas producers. Comment: One commenter requested confirmation that when Table A–1 contains a chemical-specific GWP for a fluorinated GHG, that value will be used to calculate and report emissions, and that default values will be used only when chemical-specific values are not available. Emissions from each fluorinated GHG group would include compounds whose GWPs could be either chemical-specific or default values. Response: The commenter is correct in this interpretation. To make this clear, we are finalizing the revisions to the definition of ‘‘global warming potential’’ that we proposed in the Proposed Rule to Add GWPs. This revision states that the chemical-specific GWPs in Table A–1 are required to be applied to GHGs that have chemicalspecific GWPs listed in Table A–1, while the default GWPs in Table A–1 are required to be applied to fluorinated GHGs that do not have chemicalspecific GWPs listed in Table A–1. This is the case even when emissions of the fluorinated GHGs are reported in terms of CO2e by fluorinated GHG group. This will help to ensure that chemicalspecific and default GWPs are applied correctly and consistently in CO2e calculations for subpart L and across Part 98. Comment: Two commenters stated that it is their understanding that the VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 introduction of the new default GWPs would not affect threshold evaluations that have already been conducted under subpart L (i.e., preliminary engineering estimates used to ascertain whether emissions testing is required). With the revised GWPs, one commenter noted it is possible that changes would occur in the calculations that are made under 40 CFR 98.123(c)(1) or (2) and that calculated emissions could increase above the 10,000 mtCO2e per year reporting threshold. The other commenter stated their understanding is that this would only be required for new processes or process changes. One commenter requested that the EPA clearly state that additional testing would not be required until some other process change required this to be completed. Response: Fluorinated gas producers are not required to re-perform the preliminary calculations for each process vent emitting fluorinated GHGs whose GWPs are increasing under this rule. However, those preliminary calculations and the calculations performed for purposes of annual reporting are distinct. If the emissions that facilities calculate from a vent for purposes of annual reporting exceed the 10,000-metric-ton-CO2e threshold based on the updated GWPs, they must perform emission testing on that vent during the following year. This is required by the current provisions of subpart L. 40 CFR 98.123(c)(2)(i) states: ‘‘If the calculations under paragraph (c)(1) of this section, as well as any subsequent measurements and calculations under this subpart, indicate that the continuous process vent has fluorinated GHG emissions of less than 10,000 metric ton CO2e per year, summed across all operating scenarios, then you may comply with either paragraph (c)(3) of this section (Emission Factor approach) or paragraph (c)(4) of this section (Emission Calculation Factor approach).’’ 40 CFR 98.123(c)(2)(ii) states ‘‘If the continuous process vent does not meet the criteria in paragraph (c)(2)(i) of this section then you must comply with the emission factor method specified in paragraph (c)(3) (Emission Factor Approach) of this section.’’ In the monitoring provisions of subpart L, 40 CFR 98.124(c)(8) further states: ‘‘If a continuous process vent with fluorinated GHG emissions less than 10,000 metric tons CO2e, per 40 CFR 98.123(c)(2), is later found to have fluorinated GHG emissions of 10,000 metric tons CO2e or greater, you must conduct the emission testing for the process vent during the following year and develop the process-vent-specific PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 73769 emission factor from the emissions testing.’’ Together, these paragraphs require fluorinated gas production facilities to conduct emissions testing on continuous process vents whose emissions are calculated to exceed 10,000 metric tons of CO2e per year either under the preliminary calculations of 40 CFR 98.123(c)(1) or under subsequent measurements and calculations, particularly the measurements and calculations used to estimate emissions from the vent for every annual report. This testing must be performed in the following year and reflected in the report for that year. Thus, if a fluorinated gas production facility found that a vent exceeded the threshold in 2014, the facility would be required to perform testing by February 28, 2016 to develop an emission factor to report the 2015 emissions from that vent. Comment: Two commenters requested clarification that subpart L facilities would not be required to re-perform any assessments that were performed in previous years, such as the calculation of the relative standard deviation of the emission factors measured to develop a process-vent-specific emission factor, and the calculation of differences among the emission calculation factors for different operating scenarios implemented in previous years. Response: Subpart L facilities are not required to recalculate either the relative standard deviation of the emission factors measured to develop a process-vent-specific emission factor, or the differences among the emission calculation factors for different operating scenarios implemented in previous years. However, in future calculations, they are required to use the GWPs in effect at the time of the calculation. Comment: Two commenters requested confirmation that, for purposes of comparing the emission calculation factors for different operating scenarios of the same process, they should use the same GWPs in both factors. Response: 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 should 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 will avoid E:\FR\FM\11DER3.SGM 11DER3 73770 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations the introduction of differences that are caused by differences in GWPs rather than by changes to production processes. C. Removal of the Mass-Balance Method From Subpart L As proposed, we are removing the option to use a mass-balance method from the calculation and monitoring requirements of the rule. No facilities have used this method since RY 2011. We received no negative comments regarding the proposed removal. However, one commenter requested that the EPA include the mass-balance provisions in an appendix to Part 98 for future reference (e.g., in amending past reports) rather than referencing the Federal Register document that included the 2010 Subpart L Rule. We are including the mass-balance provisions in an appendix to subpart L because we are requiring full reporting in 2015 of emissions that may have been measured using the mass balance method during the 2011 reporting year. With the removal of the mass-balance method, facilities will still be able to use the emission factor and emission calculation factor approaches to monitor, calculate, and report their fluorinated GHG emissions. tkelley on DSK3SPTVN1PROD with RULES3 D. Clarification of the Subpart L Emission Factor Method 1. Summary of Clarification of the Emission Factor Method The EPA is finalizing part of the proposed revision to the emission testing requirement at 40 CFR 98.124(c)(1). For process vents for which facilities performed scoping speciations, facilities will be required to include in the emissions test ‘‘any fluorinated GHG that was identified in the initial scoping speciation’’ rather than ‘‘any fluorinated greenhouse gas that occurs in more than trace concentrations in the vent stream or, where a destruction device is used, in the inlet to the destruction device.’’ For process vents for which facilities did not perform scoping speciations, facilities will continue to be required to include ‘‘any fluorinated greenhouse gas that occurs in more than trace concentrations in the vent stream or, where a destruction device is used, in the inlet to the destruction device.’’ As noted in the proposed rule, a primary purpose of the scoping speciation was to identify fluorinated GHGs to measure in subsequent emissions testing for the development of emission factors, and this change ensures that the scoping speciation serves that purpose. The set of fluorinated GHGs identified in the VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 scoping speciation is expected to be broader than the set of fluorinated GHGs that occurs in more than trace concentrations in vent streams because the scoping speciation requires the identification of fluorinated GHGs that occur in more than trace concentration in any stream, including process streams as well as vent streams. As noted in the proposed rule, this requirement will be applied to future testing, but not to past testing. 2. Changes Since the Proposed Rule The proposed rule would also have required facilities to test for compounds that were ‘‘otherwise known to occur in the vent stream.’’ We are not finalizing this requirement after several commenters expressed concerns that it would require facilities to develop costly new protocols for fluorinated GHGs that are emitted at very low levels and that would fall below the detection limit in many cases. The commenters stated that the resulting testing would reveal ‘‘little if any additional emissions information’’ and would have only ‘‘minor impact on the estimated total quantity of CO2e emitted nationwide.’’ To avoid the possibility of imposing large costs in order to quantify very small emissions of fluorinated GHGs, we are following the commenters’ recommendations. However, we plan to continue to evaluate the significance of and feasibility of measuring emissions of fluorinated GHGs that are known to occur in processes below trace concentrations. Based on our experience establishing stack testing requirements for another industry, fluorinated GHGs emitted from some types of facilities can be detected at concentrations below 20 parts per billion, approximately 50,000 times lower than 0.1 percent, the Part 98 definition of ‘‘trace concentration.’’ In addition, emissions of trace concentrations of fluorinated GHGs at flow rates typical of these types of facilities would be very high. Nevertheless, we are aware that the conditions under which fluorinated GHGs are emitted from fluorinated gas production facilities (e.g., diluents and flow rates) may be significantly different from those of other facilities, indicating that more research is needed. In addition to potentially expanding the set of fluorinated GHGs that must be tested for in processes for which facilities perform scoping speciations, the ‘‘otherwise known to occur’’ language would have covered situations in which a process vent exceeded the 10,000-mtCO2e threshold for emission testing but did not exceed the onemetric-ton-of-fluorinated-GHGs PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 threshold for the scoping speciation. This situation is expected to be rare, but could occur if the fluorinated GHGs emitted had very high GWPs (i.e., over 10,000). To continue to cover this situation, we are retaining the requirement to test for ‘‘any fluorinated greenhouse gas that occurs in more than trace concentrations in the vent stream or, where a destruction device is used, in the inlet to the destruction device’’ for processes for which facilities did not perform scoping speciations. III. Overview and Approach to Final CBI Determinations A. Final Confidentiality Determinations for New, Revised, and Unchanged Data Elements In this action, the EPA is finalizing both the confidentiality determinations that were included in the Proposed Amendments to Subpart L (for the new and substantially revised data elements) and many of the confidentiality determinations that were included in the 2012 Proposed Confidentiality Determinations (for the subpart L data elements that are not being removed or substantially revised). We received only supportive comments on the proposed confidentiality determinations for the new and substantially revised data elements, and are finalizing the confidentiality determinations as proposed for all 15 of those data elements. We received multiple comments on the January 10, 2012 proposed confidentiality determinations for a number of existing subpart L data elements, and we have addressed these comments through the revisions to the subpart L reporting requirements being finalized in today’s action. For a list of these comments please see the comment response document in Docket number EPA–HQ–OAR–2009–0927. We are not finalizing determinations for reporting requirements associated with the use of Best Available Monitoring Methods (BAMM) under subpart L. Unlike the other data elements required to be reported under subpart L, BAMM data elements were reported only for reporting years 2011 and 2012 because the option to use BAMM expired in reporting year 2012 . In light of the above, we do not see a need to establish in this rulemaking the confidentiality status of the suite of BAMM data elements (approximately 60). In the event that we receive a request to release this information, depending on the nature and extent of the request, we will make such determinations either case-by-case or, if appropriate, by finalizing the CBI determinations in a separate rulemaking. Other than the E:\FR\FM\11DER3.SGM 11DER3 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations reporting requirements associated with BAMM, there are 14 existing subpart L data elements for which we received no comment on the proposed confidentiality determinations; we are finalizing the confidentiality determinations as proposed for 10 of these data elements. For the other four data elements, we have decided not to make a final confidentiality determination, as discussed below. We are also finalizing a confidentiality determination for a data element added since proposal. To make the confidentiality determinations, the EPA used the same approach that we previously used for the 2011 final CBI rule (76 FR 30782, May 26, 2011). Specifically, for the 25 data elements (15 new and substantially revised data elements and 10 existing data elements), the confidentiality status of which we are finalizing today, the EPA had proposed to assign each of these data elements to one of 11 direct emitter data categories,21 based on the type and characteristics of the data elements. For a description of each data category and the type and characteristics of data elements assigned to each category, see Sections II.C and II.D of the July 7, 2010 CBI proposal preamble (75 FR 39106–39130). Based on its evaluation of these 25 data elements, the EPA proposed to assign each data element to one of the following direct emitter data categories: • Emissions. • Calculation Methodology and Methodological Tier. • Data Elements Reported for Periods of Missing Data that are Not Inputs to Emission Equations. • Facility and Unit Identifier Information. • Unit/Process ‘‘Static’’ Characteristics that are Not Inputs to Emission Equations. • Unit/Process Operating Characteristics that are Not Inputs to Emission Equations. • Test and Calibration Methods. In the 2011 final CBI rule (76 FR 30782, May 26, 2011), the EPA made categorical determinations that all data elements assigned to the ‘‘Emissions,’’ ‘‘Calculation Methodology and Methodological Tier,’’ ‘‘Facility and Unit Identifier Information,’’ and ‘‘Data Elements Reported for Periods of Missing Data that are Not Inputs to Emission Equations’’ data categories meet the definition of ‘‘emission data’’ in 40 CFR 2.301(a)(2)(i) and, thus, are not entitled to confidential treatment. In 73771 addition, the EPA determined that all data elements assigned to the ‘‘Test and Calibration Methods’’ data category were not CBI. The EPA had proposed to assign 21 of the 25 data elements to one of the above-mentioned data categories and to apply to these data elements the categorical confidentiality determinations of their assigned categories. The EPA is therefore finalizing the category assignment and application of the categorical determinations as proposed for these 21 data elements. As shown in Table 4A of this preamble, 10 data elements are assigned to the ‘‘Emissions’’ data category, four data elements are assigned to the ‘‘Calculation Methodology and Methodological Tier’’ category, five data elements are assigned to the ‘‘Data Elements Reported for Periods of Missing Data that are Not Inputs to Emission Equations’’ data category, one data element is assigned to the ‘‘Facility and Unit Identifier Information’’ data category, and one data element to the ‘‘Test and Calibration Methods’’ category. Each of these 21 data elements is subject to the categorical confidentiality determination for the data category to which it is assigned. TABLE 4A—DATA ELEMENTS ASSIGNED TO THE ‘‘EMISSIONS,’’ ‘‘CALCULATION METHODOLOGY AND METHODOLOGICAL TIER,’’ ‘‘FACILITY AND UNIT IDENTIFIER INFORMATION,’’ ‘‘TEST AND CALIBRATION METHODS,’’ AND ‘‘DATA ELEMENTS REPORTED FOR PERIODS OF MISSING DATA THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORIES Citation Data element ‘‘Emissions’’ Data Category (determined to be emission data) 40 CFR 98.126(a)(3) ................... 40 CFR 98.126(a)(4)(i) ................ 40 CFR 98.126(a)(4)(ii) ............... 40 CFR 98.126(a)(5) ................... 40 CFR 98.126(a)(5) ................... 40 CFR 98.126(c)(3) ................... tkelley on DSK3SPTVN1PROD with RULES3 40 CFR 98.126(c)(4) ................... 40 CFR 98.126(e) ....................... For facilities with more than one fluorinated gas product: for each generically-identified production or transformation process and each fluorinated GHG group, total GWP-weighted emissions of all fluorinated GHGs in that group emitted from the process, in metric tons CO2e. For facilities with more than one fluorinated gas product: for each fluorinated GHG with emissions of 1,000 metric tons of CO2e or more from production and transformation processes, summed across the facility as a whole, the total mass in metric tons of the fluorinated GHG emitted from production and transformation processes, summed across the facility as a whole. For facilities with more than one fluorinated gas product: total GWP-weighted emissions of all other fluorinated GHGs from production and transformation processes by fluorinated GHG group for the facility as a whole, in metric tons of CO2e. For facilities that produce only one fluorinated gas product: aggregated total GWP-weighted emissions of fluorinated GHGs from production and transformation processes by fluorinated GHG group for the facility as a whole, in metric tons of CO2e. Where facilities produce only one fluorinated gas product but emissions from production and transformation processes consist of a major fluorinated GHG constituent of that fluorinated gas product, and the product is sold or transferred to another person: total mass in metric tons of each fluorinated GHG emitted from production and transformation processes that is a major fluorinated GHG constituent of the product. For the emission factor and emission factor calculation method: for each process and each fluorinated GHG group, the total GWP-weighted mass of all fluorinated GHGs in that group emitted from all process vents combined, in metric tons of CO2e. For the emission factor and emission factor calculation method: for each process and each fluorinated GHG group, the total GWP-weighted mass of all fluorinated GHGs in that group emitted from equipment leaks, in metric tons of CO2e. For each fluorinated gas production facility that destroys fluorinated GHGs, report the excess emissions that result from malfunctions of the destruction device. 21 There are 11 data categories for direct emitter subparts. See 2011 final CBI rule (76 FR 30782, May 26, 2011). Subpart L is a direct emitter subpart. VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\11DER3.SGM 11DER3 73772 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations TABLE 4A—DATA ELEMENTS ASSIGNED TO THE ‘‘EMISSIONS,’’ ‘‘CALCULATION METHODOLOGY AND METHODOLOGICAL TIER,’’ ‘‘FACILITY AND UNIT IDENTIFIER INFORMATION,’’ ‘‘TEST AND CALIBRATION METHODS,’’ AND ‘‘DATA ELEMENTS REPORTED FOR PERIODS OF MISSING DATA THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORIES— Continued Citation Data element 40 CFR 98.126(g)(2) ................... For each fluorinated gas production facility that destroys fluorinated GHGs, report the mass of each previously produced fluorinated GHG emitted from the destruction device (metric tons). For each fluorinated gas production facility that vents residual fluorinated GHGs from containers, report, for each fluorinated GHG vented, the mass of the residual fluorinated GHG vented from containers annually (metric tons). 40 CFR 98.126(h)(1) ................... ‘‘Calculation Methodology and Methodological Tier’’ Data Category (determined to be emission data) 40 CFR 98.126(a)(2)(iv) .............. 40 CFR 98.126(a)(2)(v) ............... 40 CFR 98.126(b)(1) ................... 40 CFR 98.126(b)(2) ................... For each generically identified fluorinated gas production and transformation process and each fluorinated GHG group at the facility: the methods used to determine the mass emissions of that fluorinated GHG group from that process from process vents. For each generically identified fluorinated gas production and transformation process and each fluorinated GHG group at the facility: the methods used to determine the mass emissions of that fluorinated GHG group from that process from equipment leaks, unless the mass balance method was used (for RYs 2011, 2012, 2013 and 2014 only). For the mass-balance approach (for RYs 2011, 2012, 2013 and 2014 only): the overall absolute and relative errors calculated for the process under the former 40 CFR 98.123(b)(1), in tons and decimal fraction, respectively. For the mass-balance approach (for RYs 2011, 2012, 2013 and 2014 only): the method used to estimate the total mass of fluorine in destroyed or recaptured streams (specify the former 40 CFR 98.123(b)(4) or (15)). ‘‘Data Elements Reported for Periods of Missing Data That Are Not Inputs to Emission Equations’’ Data Category (determined to be emission data) 40 CFR 98.126(d)(1) ................... 40 CFR 98.126(d)(2) ................... 40 CFR 98.126(d)(2) ................... 40 CFR 98.126(d)(2) ................... 40 CFR 98.126(d)(3) ................... Where missing data have been estimated pursuant to 40 CFR 98.125, the generically identified process for which the data were missing. Where missing data have been estimated according to 40 CFR 98.125, the reason the data were missing. Where missing data have been estimated according to 40 CFR 98.125, the length of time the data were missing. Where missing data have been estimated according to 40 CFR 98.125, the method used to estimate the missing data. Where missing data have been estimated according to 98.125, estimates of the missing data for all missing data associated with data elements required to be reported in this section. ‘‘Facility and Unit Identifier Information’’ Data Category (determined to be emission data) 40 CFR 98.126(a)(2)(i) ................ For each generically identified production and transformation process at the facility: a number, letter, or other identifier for the process. This identifier must be consistent from year to year. ‘‘Test and Calibration Methods’’ Data Category (determined not to be CBI) tkelley on DSK3SPTVN1PROD with RULES3 40 CFR 98.126(f)(3) .................... For each fluorinated gas production facility that destroys fluorinated GHGs, the date of the most recent destruction device test. In the Proposed Amendments to Subpart L, the EPA proposed to assign two new data elements to the ‘‘Unit/ Process ‘Static’ Characteristics that are Not Inputs to Emission Equations’’ category and one new data element to the ‘‘Unit/Process Operating Characteristics that are Not Inputs to Emission Equations’’ category. In addition, the EPA had proposed to assign one existing data element to the ‘‘Unit/Process Operating Characteristics that are Not Inputs to Emission Equations’’ in the 2012 Proposed VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 Confidentiality Determinations. In the 2011 final CBI rule, the EPA determined that the data elements in these categories are not ‘‘emission data’’ (as defined at 40 CFR 2.301(a)(2)(i)). However, instead of categorical determinations, the EPA made confidentiality determinations for individual data elements assigned to these categories. In proposing these determinations, the EPA considered the confidentiality criteria at 40 CFR 2.208, in particular whether release of the data is likely to cause substantial harm to the PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 business’s competitive position. See 40 CFR 2.208(e)(1). The EPA followed the same approach and proposed individual confidentiality determination for each of the four data elements assigned to these two data categories. The EPA received no comment on these proposed determinations and we are finalizing these determinations as proposed. Table 4B of this preamble identifies these four data elements along with their confidentiality determinations and the supporting rationales. E:\FR\FM\11DER3.SGM 11DER3 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 73773 TABLE 4B—FINAL CONFIDENTIALITY DETERMINATIONS FOR NEW DATA ELEMENTS ASSIGNED TO THE ‘‘UNIT/PROCESS ‘STATIC’ CHARACTERISTICS THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ AND THE ‘‘UNIT/PROCESS OPERATING CHARACTERISTICS THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORIES Citation Rationale for confidentiality determination Confidentiality determination Data element Unit/Process ‘Static’ Characteristics That Are Not Inputs to Emission Equations 40 CFR 98.126(a)(2)(ii) ............... 40 CFR 98.126(a)(2)(iii) .............. For each generically identified production and transformation process at the facility: indication of whether the process is a fluorinated gas production process, a fluorinated gas transformation process where no fluorinated GHG reactant is produced at another facility, or a fluorinated gas transformation process where one or more fluorinated GHG reactants are produced at another facility. For each generically-identified production and transformation process at the facility: Indication of whether the process could be characterized as reaction, distillation, or packaging (include all that apply). Not CBI ............. This data element would reveal only general information about the type of operation, which would not reveal any information about the production process (e.g., number of process steps, manufacturing efficiencies, novel productions methods) that would allow competitors to gain a competitive advantage. Not CBI ............. This data element would reveal only a general description of the type of production process, which would not reveal any information about the process (e.g., number of process steps, manufacturing efficiencies, novel productions methods) that would allow competitors to gain a competitive advantage. Unit/Process Operating Characteristics That Are Not Inputs to Emission Equations For each generically identified process, the range in Table L–2 that encompasses the effective DE, DEeffective, calculated for that process using Equation L–35, based on CO2e. Not CBI ............. 40 CFR 98.126(f)(4) .................... tkelley on DSK3SPTVN1PROD with RULES3 40 CFR 98.126(a)(6) ................... For each fluorinated gas production facility that destroys fluorinated GHGs, the name of all applicable federal or state regulations that may apply to the destruction process. Not CBI ............. The EPA has decided not to make a final determination for four existing data elements that remain unchanged in today’s amendments: • For each fluorinated gas production facility that destroys fluorinated GHGs, chemical identity of the F–GHG(s) used in the performance test conducted to determine DE, including surrogates (40 CFR 98.126(f)(2)). • For each fluorinated gas production facility that destroys fluorinated GHGs, information on why the surrogate is sufficient to demonstrate the DE for each fluorinated GHG (40 CFR 98.126(f)(2)). • For each fluorinated gas production facility that destroys fluorinated GHGs, submit a one-time report describing measurements, research, or analysis that relate to the formation of products of VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 incomplete combustion that are fluorinated GHGs during the destruction of fluorinated gases, including methods and results (40 CFR 98.126(i)). • The report must include the methods and results of any measurement or modeling studies, including the products of incomplete combustion for which the exhaust stream was analyzed, as well as copies of relevant scientific papers, if available, or citations of the papers, if they are not (40 CFR 98.126(i)). In the 2012 Proposed CBI Determinations, the EPA proposed that these four data elements are non-CBI. Although the EPA did not receive specific comments on these four proposed determinations, the EPA received comments that raised concerns PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 This data element would place the effective DE for the process in a range. For any given level of emissions, this range would correspond to a range of masses vented to the destruction device that spanned a factor of four or more. Thus, even if competitors had a rough estimate of the quantity of the product produced (e.g., from sources other than the GHGRP), this information would not reveal any information about the process (e.g., manufacturing efficiencies) that would allow competitors to gain a competitive advantage. This data element would not reveal any information about the process (e.g., manufacturing efficiencies) that would allow competitors to gain a competitive advantage. regarding the disclosure of the contents of process streams including information that could be revealed with the disclosure of these four data elements. The EPA concluded that the nature of the information submitted under these data elements could vary significantly among reporters and may include information related to the contents of process streams. For example, some reporters may submit information related to the contents of process streams as part of their demonstration of why the surrogate compound is sufficient to demonstrate the DE for each fluorinated GHG. However, the EPA anticipates that other facilities may submit information unrelated to the contents of process streams. In light of the above, the EPA E:\FR\FM\11DER3.SGM 11DER3 73774 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES3 is not making final confidentiality determinations for these data elements. Any confidentiality status of these data elements will be evaluated on a case-bycase basis, in accordance with the existing CBI regulations in 40 CFR part 2, subpart B. We are finalizing a confidentiality determination for the data reporting element that was added to 40 CFR 98. 3(c)(4)(iii)(E) since proposal; as a result we did not propose a confidentiality determination for this data element. This data element specifies that if a fluorinated GHG does not have a chemical-specific GWP in Table A–1, then reporters must ‘‘report the fluorinated GHG group of which that fluorinated GHG is a member’’ This data reporting element clearly fits into the ‘‘Calculation Methodology and Methodological Tier’’ Data Category’’ as it allows the EPA to determine whether the correct method was used, or specifically, whether an appropriate GWP was applied. Therefore, we are assigning it to this data category and applying the categorical determination for this category, which is emission data. Lastly, we note that we have already established in a previous rulemaking the confidentiality status of the data element in 40 CFR 98.126(d) that is included in today’s final rule. As explained in Section II.B.2.b of this preamble, this data element is among the data already required to be reported under subpart A, 40 CFR 98.3(c)(8), but that we are now requiring its reporting explicitly under subpart L 40 CFR 98.126(d) for clarity. (This data element is the generically identified process for which data were missing, discussed in Section II.B.2.b of this preamble.) In 76 FR 30782, we determined that the data to be reported under 40 CFR 98.3(c)(8), including the data required under the new 40 CFR 98.126(d), are emission data, and therefore are not entitled to confidential treatment. Therefore, no separate confidentiality determination is necessary due to the addition of 40 CFR 98.126(d). B. Public Comments on the Proposed Confidentiality Determinations and Responses to Public Comment The EPA is finalizing all confidentiality determinations for the new and substantially revised data elements as they were proposed. Please refer to the preamble for the Proposed Amendments to Subpart L for additional information regarding the proposed confidentiality determinations. Two commenters noted that the proposed CBI determinations were acceptable, given other changes to the rule and the VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 transition to reporting by F–GHG groups. For comments and responses regarding confidentiality determinations for new and revised data elements, please refer to the comment response document in Docket ID. No. EPA–HQ– OAR–2009–0927. The EPA is also finalizing proposed confidentiality determinations for 10 existing data elements. Please see the preamble for the 2012 Proposed Confidentiality Determinations for additional information regarding the proposed confidentiality determinations. We did not receive any comments on these determinations. IV. Impacts of the Final Rule The EPA has determined that the cost associated with this final action will be $792 in the first year of implementation and $0 in each subsequent year, as further summarized below. These costs are related to the implementation of the alternative verification approach addressing the inputs to emission equations for which disclosure concerns were identified. A full discussion of these impacts may be found in the memorandum ‘‘Assessment of Cost Impacts of 2015 Inputs Proposal— Revisions to Reporting, Recordkeeping, and Verification Requirements Under the Greenhouse Gas Reporting Program,’’ August 2013, available in the EPA’s docket number EPA–HQ–OAR– 2010–0929. The EPA has determined that the other amendments to subpart L and subpart A being finalized in this action will not result in an increase in costs. A full discussion of the impacts of the other amendments may be found in the ‘‘2013 Amendments to the Greenhouse Gas Reporting Rule for the Fluorinated Gas Production Source Category Cost Memo’’ in docket number EPA–HQ–OAR–2009–0927. A. How were the costs of this final rule estimated? 1. Inputs Verification Tool The data elements required to be used for calculating the annual GHG emissions values, and the cost associated with collecting these data elements, have not changed from the estimate made during the original rulemaking process. The time associated with entry of these inputs to emission equations into e-GGRT (including into the new IVT) is expected to be equivalent to the time originally anticipated for data entry. Prior to using IVT, as currently required, reporters must use their own calculation tool (e.g., calculator, calculation software) to calculate the annual GHG emissions values, using the same sets of equations PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 and entering the same data elements that they would enter into the tool. The EPA does recognize, however, that there may be some time associated with learning the new procedures for IVT and we have estimated a cost of approximately $66 per facility, or $792 for the first year for all 12 subpart L facilities that do not also report under subpart O. (The burden and costs for the four facilities that report under both subpart O and subpart L are already accounted for in the Final Inputs Rule.) During their first session using IVT, reporters would need to spend approximately one hour to become familiar with how the tool operates within e-GGRT. The requirement to use IVT would not result in any change in the respondent activity of entering these data into e-GGRT. Once the reporter has become familiar with the tool, the EPA does not anticipate any additional burden. The cost includes technical, clerical, and managerial labor hours. For further information about this cost estimate, refer to the memorandum ‘‘Assessment of Cost Impacts of 2015 Inputs Final Rule—Revisions to Reporting, Recordkeeping, and Verification Requirements Under the Greenhouse Gas Reporting Program’’ (September 2014) and the supporting statement for the information collection request, ‘‘Supporting Statement, Environmental Protection Agency: Revisions to Reporting and Recordkeeping Requirements, and Final Confidentiality Determinations Under the Greenhouse Gas Reporting Program, Office of Management and Budget (OMB) Control Number 2060–0629, ICR Number 2300.12,’’ both available in Docket ID No. EPA–HQ–OAR–2010– 0929. B. Do the final confidentiality determinations change the impacts of the final amendments? The final confidentiality determinations for the new data elements would not affect whether and how data are reported and, therefore, would not impose any additional burden on sources. Whether a data reporting element is determined to be CBI, not CBI, or emission data, the reporting element is reported to the EPA through e-GGRT in the same manner. V. 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 E:\FR\FM\11DER3.SGM 11DER3 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES3 Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011). This action (1) amends certain provisions of the Fluorinated Gas Production source category, including finalizing an alternative verification approach for this source category in lieu of collecting certain data elements for which the EPA has identified disclosure concerns and for which the reporting deadline was deferred until March 31, 2015, (2) adds chemical-specific and default GWPs for a number of fluorinated greenhouse gases and fluorinated heat transfer fluids to the general provisions of the Greenhouse Gas Reporting Rule, and (3) finalizes confidentiality determinations for certain reporting requirements of the Fluorinated Gas Production source category. B. Paperwork Reduction Act The Office of Management and Budget (OMB) has approved the information collection requirements for 40 CFR part 98 under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB control numbers 2060–0629 and 2060– 0650, respectively, and ICR 2300.10. The OMB control numbers for the EPA’s regulations in 40 CFR are listed in 40 CFR part 9. The revisions in this final action result in a small increase in burden, and the ICR will be modified to reflect this burden change. Further information on the EPA’s assessment on the impact on burden can be found in the analyses ‘‘Assessment of Cost Impacts of 2015 Inputs Proposal— Revisions to Reporting, Recordkeeping, and Verification Requirements Under the Greenhouse Gas Reporting Program,’’ August 2013, available in the EPA’s Docket ID No. EPA–HQ–OAR– 2010–0929, in the ‘‘2013 Amendments to the Greenhouse Gas Reporting Rule for the Fluorinated Gas Production Source Category Cost Memo’’ and ‘‘Economic Analysis of Adding Chemical-Specific and Default GWPs to Table A–1’’, both in docket number EPA–HQ–OAR–2009–0927. This action (1) amends certain provisions of the Fluorinated Gas Production source category, including finalizing an alternative verification approach for this source category in lieu of collecting certain data elements for which the EPA has identified disclosure concerns and for which the reporting deadline was deferred until March 31, 2015, (2) adds chemical-specific and default GWPs for a number of fluorinated greenhouse gases and fluorinated heat transfer fluids to the VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 general provisions of the Greenhouse Gas Reporting Rule, and (3) finalizes confidentiality determinations for certain reporting requirements of the Fluorinated Gas Production source category. 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 impact of this final 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 that is independently owned and operated and is not dominant in its field. After considering the economic impacts of today’s final rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. The addition of chemical-specific and default GWPs to subpart A is not expected to affect the applicability of the rule to small entities. The amendments to subpart L (including the requirement to enter inputs to subpart L emission equations into IVT) affect fluorinated gas producers, none of which are small entities. Although this final rule will not have a significant economic impact on a substantial number of small entities, the EPA nonetheless has tried to reduce the impact of Part 98 on small entities. For example, the EPA conducted several meetings with industry associations to discuss regulatory options and the corresponding burden on industry, such as recordkeeping and reporting. The EPA continues to conduct significant outreach on Part 98 and maintains an ‘‘open door’’ policy for stakeholders to help inform the EPA’s understanding of key issues for the industries. D. Unfunded Mandates Reform Act (UMRA) The final rule amendments and confidentiality determinations do not contain a federal mandate that may PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 73775 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 final rule amendments and confidentiality determinations are not subject to the requirements of Sections 202 and 205 of the UMRA. This final 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 rule include fluorinated gas producers, electronics manufacturers, magnesium producers and processors, 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 that contain fluorinated GHGs. 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 will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. For a more detailed discussion about how Part 98 relates to existing state programs, please see Section II of the preamble to the final Greenhouse Gas reporting rule (74 FR 56266, October 30, 2009). The final amendments and confidentiality determinations apply directly to fluorinated gas producers, electronics manufacturers, magnesium producers and processors, 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 that contain fluorinated GHGs. They do not apply to governmental entities unless the government entity owns a facility that falls into one of these categories and that emits or supplies fluorinated GHGs above threshold levels. We are not aware of any governmental entities that would be affected. This regulation also does not limit the power of states or localities to collect GHG data and/or regulate GHG emissions. Thus, Executive Order 13132 does not apply to this action. Although Section 6 of Executive Order 13132 does not apply to this E:\FR\FM\11DER3.SGM 11DER3 73776 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations action, the EPA did consult with state and local officials or representatives of state and local governments in developing subpart L, promulgated 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 solicited comment on the proposed action from state and local officials. We received no comments from state and local officials on the proposed rule. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). The final amendments and confidentiality determinations apply to fluorinated gas producers, electronics manufacturers, magnesium producers and processors, 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 that contain fluorinated GHGs. They will not have tribal implications unless the tribal entity owns a facility that falls into one of these categories and that emits or supplies fluorinated GHGs above threshold levels. We are not aware of any tribal facilities that will be affected. Thus, Executive Order 13175 does not apply to this action. tkelley on DSK3SPTVN1PROD with RULES3 G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under Section 5–501 of the Executive Order has the potential to influence the regulation. This action is not subject to Executive Order 13045 because it does not establish an environmental standard intended to mitigate health or safety risks. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 (66 FR 28355, May 22, VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 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 Agency decides not to use available and applicable voluntary consensus standards. This final rule does not involve any new technical standards. Therefore, the EPA did not consider the use of specific 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 final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations. It does not affect the level of protection provided to human health or the environment because it is a rule addressing information collection and reporting procedures. K. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This rule will be effective on January 1, 2015. List of Subjects 40 CFR Part 98 Environmental protection, Administrative practice and procedure, Greenhouse gases, Reporting and recordkeeping requirements. Dated: November 25, 2014. Gina McCarthy, Administrator. For the reasons stated in the preamble, part 98 of title 40, chapter I, of the Code of Federal Regulations is amended as follows: 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) and (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. E:\FR\FM\11DER3.SGM 11DER3 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. * * * * * ■ 3. Section 98.3 is amended by: ■ a. Revising paragraphs (c)(4)(iii)(E) and (F) and (c)(5)(i) and (ii); ■ b. Removing and reserving paragraph (c)(4)(vi); ■ c. Revising paragraph (k); ■ d. Revising paragraphs (l) introductory text, (1)(1), and (1)(2) introductory text; ■ e. Revising paragraphs (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? tkelley on DSK3SPTVN1PROD with RULES3 * * * * * (c) * * * (4) * * * (iii) * * * (E) Each fluorinated GHG (as defined in § 98.6), except fluorinated gas production facilities must comply with § 98.126(a) rather than this paragraph (c)(4)(iii)(E). If a fluorinated GHG does not have a chemical-specific GWP in Table A–1 of this subpart, identify and report the fluorinated GHG group of which that fluorinated GHG is a member. (F) For electronics manufacturing (as defined in § 98.90), each fluorinated heat transfer fluid (as defined in § 98.98) that is not also a fluorinated GHG as specified under (c)(4)(iii)(E) of this section. If a fluorinated heat transfer fluid does not have a chemical-specific GWP in Table A–1 of this subpart, identify and report the fluorinated GHG group of which that fluorinated heat transfer fluid is a member. * * * * * (5) * * * (i) Total quantity of GHG aggregated for all GHG from all applicable supply categories in Table A–5 of this subpart VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 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. * * * * * (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 published. (2) A facility or supplier that was already subject to one or more subparts of part 98 but becomes subject to one or more additional subparts due to a change in the GWP for one or more compounds in Table A–1 of this subpart, is not required to include those subparts to which the facility is subject only due to the change in the GWP in the annual GHG report submitted for the reporting year during which the change in GWPs is published. (3) Starting on January 1 of the year after the year during which the change in GWPs is published, 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. PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 73777 (1) Best available monitoring methods. From January 1 to March 31 of the year after the year during which the change in GWPs is published, owners or operators subject to this paragraph (l) may use best available monitoring methods for any parameter (e.g., fuel use, feedstock rates) that cannot reasonably be measured according to the monitoring and QA/QC requirements of a relevant subpart. The owner or operator must use the calculation methodologies and equations in the ‘‘Calculating GHG Emissions’’ sections of each relevant subpart, but may use the best available monitoring method for any parameter for which it is not reasonably feasible to acquire, install, and operate a required piece of monitoring equipment by January 1 of the year after the year during which the change in GWPs is published. Starting no later than April 1 of the year after the year during which the change in GWPs is published, the owner or operator must discontinue using best available methods and begin following all applicable monitoring and QA/QC requirements of this part, except as provided in paragraph (l)(2) of this section. Best available monitoring methods means any of the following methods: * * * * * (2) Requests for extension of the use of best available monitoring methods. The owner or operator may submit a request to the Administrator to use one or more best available monitoring methods beyond March 31 of the year after the year during which the change in GWPs is published. (i) Timing of request. The extension request must be submitted to EPA no later than January 31 of the year after the year during which the change in GWPs is published. (ii) * * * (C) A description of the reasons that the needed equipment could not be obtained and installed before April 1 of the year after the year during which the change in GWPs is published. (D) If the reason for the extension is that the equipment cannot be purchased and delivered by April 1 of the year after the year during which the change in GWPs is published, include supporting documentation such as the date the monitoring equipment was ordered, investigation of alternative suppliers and the dates by which alternative vendors promised delivery, backorder notices or unexpected delays, E:\FR\FM\11DER3.SGM 11DER3 ER11DE14.000</GPH> Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 73778 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations descriptions of actions taken to expedite delivery, and the current expected date of delivery. (E) If the reason for the extension is that the equipment cannot be installed without a process unit shutdown, include supporting documentation demonstrating that it is not practicable to isolate the equipment and install the monitoring instrument without a full process unit shutdown. Include the date of the most recent process unit shutdown, the frequency of shutdowns for this process unit, and the date of the next planned shutdown during which the monitoring equipment can be installed. If there has been a shutdown or if there is a planned process unit shutdown between November 29 of the year during which the change in GWPs is published and April 1 of the year after the year during which the change in GWPs is published, include a justification of why the equipment could not be obtained and installed during that shutdown. * * * * * (iii) Approval criteria. To obtain approval, the owner or operator must demonstrate to the Administrator’s satisfaction that it is not reasonably feasible to acquire, install, and operate a required piece of monitoring equipment by April 1 of the year after the year during which the change in GWPs is published. The use of best available methods under this paragraph (l) will not be approved beyond December 31 of the year after the year during which the change in GWPs is published. ■ 4. Section 98.5 is amended by revising paragraph (b) to read as follows: § 98.5 How is the report submitted? tkelley on DSK3SPTVN1PROD with RULES3 * * * * * (b) For reporting year 2014 and thereafter, unless a later year is specified in the applicable recordkeeping section, you must enter into verification software specified by the Administrator the data specified in the verification software records provision in each applicable recordkeeping section. For each data element entered into the verification software, if the software produces a warning message for the data value and you elect not to revise the data value, you may provide an explanation in the verification software of why the data value is not being revised. ■ 5. Section 98.6 is amended by: ■ a. Adding, in alphabetical order, the definition for Carbonofluoridates; ■ b. Adding, in alphabetical order, the definition for Fluorinated acetates; VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 c. Adding, in alphabetical order, the definition for Fluorinated alcohols other than fluorotelomer alcohols; ■ d. Adding, in alphabetical order, the definition for Fluorinated formates; ■ e. Adding, in alphabetical order, the definition for Fluorinated GHG group; ■ f. Adding, in alphabetical order, the definition for Fluorotelomer alcohols; ■ g. Adding, in alphabetical order, the definition for Fully fluorinated GHGs; ■ h. Revising the definition for Global warming potential; ■ i. Adding, in alphabetical order, the definition for Other fluorinated GHGs; ■ j. Adding, in alphabetical order, the definition for Saturated hydrochlorofluoroethers (HCFEs); ■ k. Adding, in alphabetical order, the definition for Saturated hydrofluorocarbons (HFCs); ■ l. Adding, in alphabetical order, the definition for Saturated hydrofluoroethers (HFEs); ■ m. Adding, in alphabetical order, the definition for Unsaturated halogenated ethers. ■ n. Adding, in alphabetical order, the definition for Unsaturated hydrochlorofluorocarbons (HCFCs); ■ o. Adding, in alphabetical order, the definition for Unsaturated hydrofluorocarbons (HFCs); and ■ p. Adding, in alphabetical order, the definition for Unsaturated perfluorocarbons (PFCs). The revisions and additions read as follows: ■ § 98.6 Definitions. * * * * * Carbonofluoridates means fluorinated GHGs that are composed of a -OCF(O) group (carbonyl group with a singlebonded oxygen atom and a fluorine atom) that is linked on the singlebonded oxygen to another hydrocarbon group in which one or more of the hydrogen atoms may be replaced by fluorine atoms. * * * * * Fluorinated acetates means fluorinated GHGs that are composed of an acetate group with one or more valence locations on the methyl group of the acetate occupied by fluorine atoms (e.g., CFH2C(O)O-, CF2HC(O)O-) and, linked to the single-bonded oxygen of the acetate group, another hydrocarbon group in which one or more of the hydrogen atoms may be replaced by fluorine atoms. Fluorinated alcohols other than fluorotelomer alcohols means fluorinated GHGs that include an alcohol functional group (-OH) and that do not meet the definition of fluorotelomer alcohols. Fluorinated formates means fluorinated GHGs that are composed of PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 a formate group -OCH(O) (carbonyl group with a single-bonded oxygen, and with a hydrogen atom) that is linked on the single-bonded oxygen atom to a hydrocarbon group in which one or more of the hydrogen atoms in the hydrocarbon group is replaced by fluorine atoms; the typical formula for fluorinated formates is FnROCH(O). * * * * * Fluorinated greenhouse gas (GHG) group means one of the following sets of fluorinated GHGs: Fully fluorinated GHGs; saturated hydrofluorocarbons with 2 or fewer carbon-hydrogen bonds; saturated hydrofluorocarbons with 3 or more carbon-hydrogen bonds; saturated hydrofluoroethers and hydrochlorofluoroethers with 1 carbonhydrogen bond; saturated hydrofluoroethers and hydrochlorofluoroethers with 2 carbonhydrogen bonds; saturated hydrofluoroethers and hydrochlorofluoroethers with 3 or more carbon-hydrogen bonds; fluorinated formates; fluorinated acetates, carbonofluoridates, and fluorinated alcohols other than fluorotelomer alcohols; unsaturated PFCs, unsaturated HFCs, unsaturated HCFCs, unsaturated halogenated 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 E:\FR\FM\11DER3.SGM 11DER3 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations fluorinated GHG group of which the GHG is a member. * * * * * Other fluorinated GHGs means fluorinated GHGs that are none of the following: Fully fluorinated GHGs; saturated hydrofluorocarbons with 2 or fewer carbon-hydrogen bonds; saturated hydrofluorocarbons with 3 or more carbon-hydrogen bonds; saturated hydrofluoroethers and hydrochlorofluoroethers with 1 carbonhydrogen bond; saturated hydrofluoroethers and hydrochlorofluoroethers with 2 carbonhydrogen bonds; saturated hydrofluoroethers and hydrochlorofluoroethers with 3 or more carbon-hydrogen bonds; fluorinated formates; fluorinated acetates, carbonofluoridates, and fluorinated alcohols other than fluorotelomer alcohols; unsaturated PFCs, unsaturated HFCs, unsaturated HCFCs, unsaturated halogenated ethers, unsaturated halogenated esters, fluorinated aldehydes, and fluorinated ketones; fluorotelomer alcohols; or fluorinated GHGs with carbon-iodine bonds. * * * * * 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 halogenated ethers means fluorinated GHGs in which two 73779 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. * * * * * 6. 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.) Chemical-Specific GWPs Carbon dioxide ................................................................................... Methane .............................................................................................. Nitrous oxide ....................................................................................... 124–38–9 74–82–8 10024–97–2 CO2 ......................................................... CH4 ......................................................... N2O ......................................................... 1 a 25 a 298 Fully Fluorinated GHGs Sulfur hexafluoride .............................................................................. Trifluoromethyl sulphur pentafluoride ................................................. Nitrogen trifluoride .............................................................................. PFC–14 (Perfluoromethane) .............................................................. PFC–116 (Perfluoroethane) ............................................................... PFC–218 (Perfluoropropane) ............................................................. Perfluorocyclopropane ........................................................................ PFC–3–1–10 (Perfluorobutane) ......................................................... PFC–318 (Perfluorocyclobutane) ....................................................... PFC–4–1–12 (Perfluoropentane) ....................................................... PFC–5–1–14 (Perfluorohexane, FC–72) ............................................ PFC–6–1–12 ....................................................................................... PFC–7–1–18 ....................................................................................... PFC–9–1–18 ....................................................................................... PFPMIE (HT–70) ................................................................................ Perfluorodecalin (cis) .......................................................................... Perfluorodecalin (trans) ...................................................................... 2551–62–4 373–80–8 7783–54–2 75–73–0 76–16–4 76–19–7 931–91–9 355–25–9 115–25–3 678–26–2 355–42–0 335–57–9 307–34–6 306–94–5 NA 60433–11–6 60433–12–7 SF6 .......................................................... SF5CF3 .................................................... NF3 .......................................................... CF4 .......................................................... C2F6 ........................................................ C3F8 ........................................................ C–C3F6 .................................................... C4F10 ....................................................... C–C4F8 .................................................... C5F12 ....................................................... C6F14 ....................................................... C7F16; CF3(CF2)5CF3 .............................. C8F18; CF3(CF2)6CF3 .............................. C10F18 ..................................................... CF3OCF(CF3)CF2OCF2OCF3 ................. Z–C10F18 ................................................. E–C10F18 ................................................. a 22,800 17,700 17,200 a 7,390 a 12,200 a 8,830 17,340 a 8,860 a 10,300 a 9,160 a 9,300 b 7,820 b 7,620 7,500 10,300 b 7,236 b 6,288 tkelley on DSK3SPTVN1PROD with RULES3 Saturated Hydrofluorocarbons (HFCs) With Two or Fewer Carbon-Hydrogen Bonds HFC–23 .............................................................................................. HFC–32 .............................................................................................. HFC–125 ............................................................................................ HFC–134 ............................................................................................ HFC–134a .......................................................................................... HFC–227ca ......................................................................................... HFC–227ea ........................................................................................ HFC–236cb ......................................................................................... HFC–236ea ........................................................................................ VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 PO 00000 Frm 00031 Fmt 4701 75–46–7 75–10–5 354–33–6 359–35–3 811–97–2 2252–84–8 431–89–0 677–56–5 431–63–0 Sfmt 4700 CHF3 ....................................................... CH2F2 ...................................................... C2HF5 ...................................................... C2H2F4 .................................................... CH2FCF3 ................................................. CF3CF2CHF2 ........................................... C3HF7 ...................................................... CH2FCF2CF3 ........................................... CHF2CHFCF3 ......................................... E:\FR\FM\11DER3.SGM 11DER3 a 14,800 a 675 a 3,500 a 1,100 a 1,430 b 2640 a 3,220 1,340 1,370 73780 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations TABLE A–1 TO SUBPART A OF PART 98—GLOBAL WARMING POTENTIALS—Continued [100-Year Time Horizon] Name CAS No. Chemical formula HFC–236fa ......................................................................................... HFC–329p .......................................................................................... HFC–43–10mee ................................................................................. 690–39–1 375–17–7 138495–42–8 C3H2F6 .................................................... CHF2CF2CF2CF3 .................................... CF3CFHCFHCF2CF3 .............................. Global warming potential (100 yr.) a 9,810 b 2360 a 1,640 Saturated Hydrofluorocarbons (HFCs) With Three or More Carbon-Hydrogen Bonds HFC–41 .............................................................................................. HFC–143 ............................................................................................ HFC–143a .......................................................................................... HFC–152 ............................................................................................ HFC–152a .......................................................................................... HFC–161 ............................................................................................ HFC–245ca ......................................................................................... HFC–245cb ......................................................................................... HFC–245ea ........................................................................................ HFC–245eb ........................................................................................ HFC–245fa ......................................................................................... HFC–263fb ......................................................................................... HFC–272ca ......................................................................................... HFC–365mfc ....................................................................................... 593–53–3 430–66–0 420–46–2 624–72–6 75–37–6 353–36–6 679–86–7 1814–88–6 24270–66–4 431–31–2 460–73–1 421–07–8 420–45–1 406–58–6 CH3F ....................................................... C2H3F3 .................................................... C2H3F3 .................................................... CH2FCH2F .............................................. CH3CHF2 ................................................ CH3CH2F ................................................ C3H3F5 .................................................... CF3CF2CH3 ............................................. CHF2CHFCHF2 ....................................... CH2FCHFCF3 ......................................... CHF2CH2CF3 .......................................... CH3CH2CF3 ............................................ CH3CF2CH3 ............................................ CH3CF2CH2CF3 ...................................... a 92 a 353 a 4,470 53 a 124 12 a 693 b 4620 b 235 b 290 1,030 b 76 b 144 794 Saturated Hydrofluoroethers (HFEs) and Hydrochlorofluoroethers (HCFEs) With One Carbon-Hydrogen Bond HFE–125 ............................................................................................. HFE–227ea ......................................................................................... HFE–329mcc2 .................................................................................... HFE–329me3 ...................................................................................... 1,1,1,2,2,3,3-Heptafluoro-3-(1,2,2,2-tetrafluoroethoxy)-propane ........ 3822–68–2 2356–62–9 134769–21–4 428454–68–6 3330–15–2 CHF2OCF3 .............................................. CF3CHFOCF3 ......................................... CF3CF2OCF2CHF2 .................................. CF3CFHCF2OCF3 ................................... CF3CF2CF2OCHFCF3 ............................. 14,900 1,540 919 b 4,550 b 6,490 Saturated HFEs and HCFEs With Two Carbon-Hydrogen Bonds HFE–134 (HG–00) .............................................................................. HFE–236ca ......................................................................................... HFE–236ca12 (HG–10) ...................................................................... HFE–236ea2 (Desflurane) .................................................................. HFE–236fa .......................................................................................... HFE–338mcf2 ..................................................................................... HFE–338mmz1 ................................................................................... HFE–338pcc13 (HG–01) .................................................................... HFE–43–10pccc (H-Galden 1040x, HG–11) ...................................... HCFE–235ca2 (Enflurane) ................................................................. HCFE–235da2 (Isoflurane) ................................................................. HG–02 ................................................................................................ HG–03 ................................................................................................ HG–20 ................................................................................................ HG–21 ................................................................................................ HG–30 ................................................................................................ 1,1,3,3,4,4,6,6,7,7,9,9,10,10,12,12,13,13,15,15-eicosafluoro2,5,8,11,14-Pentaoxapentadecane. 1,1,2-Trifluoro-2-(trifluoromethoxy)-ethane ......................................... Trifluoro(fluoromethoxy)methane ........................................................ 1691–17–4 32778–11–3 78522–47–1 57041–67–5 20193–67–3 156053–88–2 26103–08–2 188690–78–0 E1730133 13838–16–9 26675–46–7 205367–61–9 173350–37–3 249932–25–0 249932–26–1 188690–77–9 173350–38–4 CHF2OCHF2 ........................................... CHF2OCF2CHF2 ..................................... CHF2OCF2OCHF2 .................................. CHF2OCHFCF3 ....................................... CF3CH2OCF3 .......................................... CF3CF2OCH2CF3 .................................... CHF2OCH(CF3)2 ..................................... CHF2OCF2CF2OCHF2 ............................ CHF2OCF2OC2F4OCHF2 ........................ CHF2OCF2CHFCl ................................... CHF2OCHClCF3 ..................................... HF2C-(OCF2CF2) ...................... HF2C-(OCF2CF2) ...................... HF2C-(OCF2) ............................ HF2C-OCF2CF2OCF2OCF2O–CF2H ....... HF2C-(OCF2) ............................ HCF2O(CF2CF2O)4CF2H ........................ 84011–06–3 2261–01–0 CHF2CHFOCF3 ....................................... CH2FOCF3 .............................................. 6,320 b 4,240 2,800 989 487 552 380 1,500 1,870 b 583 350 b 3,825 b 3,670 b 5,300 b 3,890 b 7,330 b 3,630 b 1,240 b 751 tkelley on DSK3SPTVN1PROD with RULES3 Saturated HFEs and HCFEs With Three or More Carbon-Hydrogen Bonds HFE–143a ........................................................................................... HFE–245cb2 ....................................................................................... HFE–245fa1 ........................................................................................ HFE–245fa2 ........................................................................................ HFE–254cb2 ....................................................................................... HFE–263fb2 ........................................................................................ HFE–263m1; R–E–143a .................................................................... HFE–347mcc3 (HFE–7000) ............................................................... HFE–347mcf2 ..................................................................................... HFE–347mmy1 ................................................................................... HFE–347mmz1 (Sevoflurane) ............................................................ HFE–347pcf2 ...................................................................................... HFE–356mec3 .................................................................................... HFE–356mff2 ...................................................................................... VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 PO 00000 Frm 00032 421–14–7 22410–44–2 84011–15–4 1885–48–9 425–88–7 460–43–5 690–22–2 375–03–1 171182–95–9 22052–84–2 28523–86–6 406–78–0 382–34–3 333–36–8 Fmt 4701 Sfmt 4700 CH3OCF3 ................................................ CH3OCF2CF3 .......................................... CHF2CH2OCF3 ....................................... CHF2OCH2CF3 ....................................... CH3OCF2CHF2 ....................................... CF3CH2OCH3 .......................................... CF3OCH2CH3 .......................................... CH3OCF2CF2CF3 .................................... CF3CF2OCH2CHF2 ................................. CH3OCF(CF3)2 ........................................ (CF3)2CHOCH2F ..................................... CHF2CF2OCH2CF3 ................................. CH3OCF2CHFCF3 ................................... CF3CH2OCH2CF3 ................................... E:\FR\FM\11DER3.SGM 11DER3 756 708 286 659 359 11 b 29 575 374 343 c 216 580 101 b 17 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 73781 TABLE A–1 TO SUBPART A OF PART 98—GLOBAL WARMING POTENTIALS—Continued [100-Year Time Horizon] Global warming potential (100 yr.) Name CAS No. Chemical formula HFE–356mmz1 ................................................................................... HFE–356pcc3 ..................................................................................... HFE–356pcf2 ...................................................................................... HFE–356pcf3 ...................................................................................... HFE–365mcf2 ..................................................................................... HFE–365mcf3 ..................................................................................... HFE–374pc2 ....................................................................................... HFE–449s1 (HFE–7100) Chemical blend .......................................... 13171–18–1 160620–20–2 50807–77–7 35042–99–0 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 (CF3) ....................................... CH3OCF2CF2CHF2 ................................. CHF2CH2OCF2CHF2 ............................... CHF2OCH ............................... CF3CF2OCH2CH3 ................................... CF3CF2CH2OCH3 ................................... CH3CH2OCF2CHF2 ................................. C4F ............................................... (CF3). C4F9OC2H5 ............................................. (CF3)2CFCF2OC2H5. CH3OCF2CF2OCH3 ................................. CH3O(CF2CF2O)2CH3 ............................. CH3O(CF2CF2O) ............................. CH3OCHF2 .............................................. CH3OCF2CHFCl ..................................... CF3CF2CF2OCH2CH3 ............................. C12H5F19O2 ............................................. 380–34–7 460–22–0 60598–17–6 CF3CHFCF ............................ CH3OCH2F .............................................. CHF2CF2CH2OCH3 ................................. 37031–31–5 461–63–2 462–51–1 CH2FOCF2CF2H ..................................... CH2FOCHF2 ........................................... CH2FOCH2F ........................................... b 871 HCOOCF3 ............................................... HCOOCF2CF3 ......................................... HCOOCHFCF3 ....................................... HCOOCF2CF2CF2CF3 ............................ HCOOCF2CF2CF3 .................................. HCOOCH(CF3) ...................................... HCOOCH2CF3 ........................................ HCOOCH2CH2CF3 .................................. b 588 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-2,5-bis[1,2,2,2-tetrafluoro1-(trifluoromethyl)ethyl]-furan. 1-Ethoxy-1,1,2,3,3,3-hexafluoropropane ............................................ Fluoro(methoxy)methane .................................................................... 1,1,2,2-Tetrafluoro-3-methoxy-propane; Methyl 2,2,3,3-tetrafluoro propyl ether. 1,1,2,2-Tetrafluoro-1-(fluoromethoxy)ethane ...................................... Difluoro(fluoromethoxy)methane ........................................................ Fluoro(fluoromethoxy)methane ........................................................... 27 110 265 502 b 58 11 557 297 59 b 222 b 236 b 221 b 144 b 122 b 61 b 56 b 23 b 13 b 0.5 b 617 b 130 Fluorinated Formates Trifluoromethyl formate ....................................................................... Perfluoroethyl formate ........................................................................ 1,2,2,2-Tetrafluoroethyl formate ......................................................... Perfluorobutyl formate ........................................................................ Perfluoropropyl formate ...................................................................... 1,1,1,3,3,3-Hexafluoropropan-2-yl formate ......................................... 2,2,2-Trifluoroethyl formate ................................................................ 3,3,3-Trifluoropropyl formate .............................................................. 85358–65–2 313064–40–3 481631–19–0 197218–56–7 271257–42–2 856766–70–6 32042–38–9 1344118–09–7 b 580 b 470 b 392 b 376 b 333 b 33 b 17 Fluorinated Acetates Methyl 2,2,2-trifluoroacetate ............................................................... 1,1-Difluoroethyl 2,2,2-trifluoroacetate ............................................... Difluoromethyl 2,2,2-trifluoroacetate ................................................... 2,2,2-Trifluoroethyl 2,2,2-trifluoroacetate ............................................ Methyl 2,2-difluoroacetate .................................................................. Perfluoroethyl acetate ......................................................................... Trifluoromethyl acetate ....................................................................... Perfluoropropyl acetate ...................................................................... Perfluorobutyl acetate ......................................................................... Ethyl 2,2,2-trifluoroacetate .................................................................. 431–47–0 1344118–13–3 2024–86–4 407–38–5 433–53–4 343269–97–6 74123–20–9 1344118–10–0 209597–28–4 383–63–1 CF3COOCH3 ........................................... CF3COOCF2CH3 ..................................... CF3COOCHF2 ......................................... CF3COOCH2CF3 ..................................... HCF2COOCH3 ........................................ CH3COOCF2CF3 ..................................... CH3COOCF3 ........................................... CH3COOCF2CF2CF3 .............................. CH3COOCF2CF2CF2CF3 ........................ CF3COOCH2CH3 .................................... b 52 b 31 b 27 b7 b3 b 2.1 b 2.0 b 1.8 b 1.6 b 1.3 Carbonofluoridates Methyl carbonofluoridate .................................................................... 1,1-Difluoroethyl carbonofluoridate ..................................................... 1538–06–3 1344118–11–1 FCOOCH3 ............................................... FCOOCF2CH3 ......................................... b 95 b 27 tkelley on DSK3SPTVN1PROD with RULES3 Fluorinated Alcohols Other Than Fluorotelomer Alcohols Bis(trifluoromethyl)-methanol .............................................................. (Octafluorotetramethy-lene) hydroxymethyl group ............................. 2,2,3,3,3-Pentafluoropropanol ............................................................ 2,2,3,3,4,4,4-Heptafluorobutan-1-ol .................................................... 2,2,2-Trifluoroethanol .......................................................................... 2,2,3,4,4,4-Hexafluoro-1-butanol ........................................................ 2,2,3,3-Tetrafluoro-1-propanol ............................................................ 2,2-Difluoroethanol ............................................................................. 2-Fluoroethanol ................................................................................... 4,4,4-Trifluorobutan-1-ol ..................................................................... VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 PO 00000 Frm 00033 Fmt 4701 920–66–1 NA 422–05–9 375–01–9 75–89–8 382–31–0 76–37–9 359–13–7 371–62–0 461–18–7 Sfmt 4700 (CF3)2CHOH ........................................... X-(CF2)4CH(OH)-X .................................. CF3CF2CH2OH ....................................... C3F7CH2OH ............................................ CF3CH2OH .............................................. CF3CHFCF2CH2OH ................................ CHF2CF2CH2OH ..................................... CHF2CH2OH .......................................... CH2FCH2OH ........................................... CF3(CH2) ................................... E:\FR\FM\11DER3.SGM 11DER3 195 73 42 b 25 b 20 b 17 b 13 b3 b 1.1 b 0.05 73782 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations TABLE A–1 TO SUBPART A OF PART 98—GLOBAL WARMING POTENTIALS—Continued [100-Year Time Horizon] Name CAS No. Chemical formula Global warming potential (100 yr.) 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 0.004 b 0.05 b 1.97 b 1.82 b 0.10 b 0.003 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 ..................................................................................... HFC–1345zfc ...................................................................................... Capstone 42–U ................................................................................... Capstone 62–U ................................................................................... Capstone 82–U ................................................................................... 75–38–7 75–02–5 5595–10–8 5528–43–8 102687–65–0 754–12–1 1645–83–6 29118–25–0 677–21–4 692–49–9 374–27–6 19430–93–4 25291–17–2 21652–58–4 C2H .................................. C2H ................................... CF3CF=CHF(E) ....................................... CF3CF=CHF(Z) ....................................... C3H2ClF3; CHCl=CHCF3 ......................... C3H2F4; CF3CF=CH2 .............................. C3H2F4; trans-CF3CH=CHF .................... C3H2F4cis-CF3CH=CHF; CF3CH=CHF ... C3H3F3, CF3CH=CH2 .............................. CF3CH=CHCF3(Z) .................................. C2F5CH=CH2 .......................................... C6H3F9, CF3(CF2) .................... C8H3F13, CF3(CF2)5CH=CH2 ................... C10H3F17, CF3(CF2)7CH=CH2 ................. 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 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 CF3CH2CHO ........................................... b 0.01 CF3CF2C(O)CF (CF3)2 ........................... b 0.1 b 0.05 Fluorinated Aldehydes 3,3,3-Trifluoro-propanal ...................................................................... 460–40–2 Fluorinated Ketones Novec 1230 (perfluoro (2-methyl-3-pentanone)) ................................ 756–13–8 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-Pentadecafluorononan-1-ol ................... 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,11-Nonadecafluoroundecan1-ol. 185689–57–0 2240–88–2 755–02–2 87017–97–8 CF ............................. CF3CH2CH2OH ....................................... CF3(CF2)6CH2CH2OH ............................. CF3(CF2)8CH2CH2OH ............................. b 0.43 b 0.35 b 0.33 b 0.19 Fluorinated GHGs With Carbon-Iodine Bond(s) Trifluoroiodomethane .......................................................................... 2314–97–8 CF3I ......................................................... b 0.4 Other Fluorinated Compounds Dibromodifluoromethane (Halon 1202) .............................................. 2-Bromo-2-chloro-1,1,1-trifluoroethane (Halon-2311/Halothane) ....... 75–61–6 151–67–7 CBR2F2 ................................................... CHBrClCF3 ............................................. b 231 b 41 Global warming potential (100 yr.) Fluorinated GHG Group d tkelley on DSK3SPTVN1PROD with RULES3 Default GWPs for Compounds for Which Chemical-Specific GWPs Are Not Listed Above Fully fluorinated GHGs ........................................................................................................................................................................ Saturated hydrofluorocarbons (HFCs) with 2 or fewer carbon-hydrogen bonds ................................................................................ Saturated HFCs with 3 or more carbon-hydrogen bonds ................................................................................................................... Saturated hydrofluoroethers (HFEs) and hydrochlorofluoroethers (HCFEs) with 1 carbon-hydrogen bond ...................................... Saturated HFEs and HCFEs with 2 carbon-hydrogen bonds ............................................................................................................. Saturated HFEs and HCFEs with 3 or more carbon-hydrogen bonds ............................................................................................... Fluorinated formates ............................................................................................................................................................................ VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\11DER3.SGM 11DER3 10,000 3,700 930 5,700 2,600 270 350 73783 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations Global warming potential (100 yr.) Fluorinated GHG Group d Fluorinated acetates, carbonofluoridates, and fluorinated alcohols other than fluorotelomer alcohols .............................................. 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 ....................................................................................................................................................................... 30 1 1 1 2,000 a The GWP for this compound was updated in the final rule published on November 29, 2013 [78 FR 71904] and effective on January 1, 2014. compound was added to Table A–1 in the final rule published on December 11, 2014, and effective on January 1, 2015. GWP for this compound was updated in the final rule published on December 11, 2014, and effective on January 1, 2015 . 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 c The 7. Table A–7 of subpart A is revised to read as follows: ■ TABLE A–7 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH THE REPORTING DEADLINE IS MARCH 31, 2015 tkelley on DSK3SPTVN1PROD with RULES3 Subpart Rule citation (40 CFR part 98) Specific data elements for which reporting date is March 31, 2015 (‘‘All’’ means all data elements in the cited paragraph are not required to be reported until March 31, 2015) A ................... C ................... C ................... C ................... C ................... C ................... C ................... C ................... C ................... C ................... C ................... C ................... C ................... E ................... E ................... E ................... E ................... E ................... E ................... H ................... H ................... O .................. O .................. O .................. Q .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. 98.3(d)(3)(v) .............................................. 98.36(b)(9)(iii) ............................................ 98.36(c)(2)(ix) ............................................ 98.36(e)(2)(i) ............................................. 98.36(e)(2)(ii)(A) ........................................ 98.36(e)(2)(ii)(C) ........................................ 98.36(e)(2)(ii)(D) ........................................ 98.36(e)(2)(iv)(A) ....................................... 98.36(e)(2)(iv)(C) ....................................... 98.36(e)(2)(iv)(F) ....................................... 98.36(e)(2)(ix)(D) ....................................... 98.36(e)(2)(ix)(E) ....................................... 98.36(e)(2)(ix)(F) ....................................... 98.56(g) ..................................................... 98.56(h) ..................................................... 98.56(j)(4) .................................................. 98.56(j)(5) .................................................. 98.56(j)(6) .................................................. 98.56(l) ...................................................... 98.86(b)(11) ............................................... 98.86(b)(13) ............................................... 98.156(d)(2) ............................................... 98.156(d)(3) ............................................... 98.156(d)(4) ............................................... 98.176(f)(1) ................................................ 98.236(c)(1)(i) ............................................ 98.236(c)(1)(ii) ........................................... 98.236(c)(1)(iii) .......................................... 98.236(c)(2)(i) ............................................ 98.236(c)(3)(i) ............................................ 98.236(c)(3)(ii) ........................................... 98.236(c)(3)(iii) .......................................... 98.236(c)(3)(iv) .......................................... 98.236(c)(4)(i)(A) ....................................... 98.236(c)(4)(i)(B) ....................................... 98.236(c)(4)(i)(C) ....................................... 98.236(c)(4)(i)(D) ....................................... 98.236(c)(4)(i)(E) ....................................... 98.236(c)(4)(i)(F) ....................................... 98.236(c)(4)(i)(G) ...................................... 98.236(c)(4)(i)(H) ....................................... 98.236(c)(4)(ii)(A) ...................................... 98.236(c)(5)(i)(D) ....................................... 98.236(c)(5)(ii)(C) ...................................... 98.236(c)(6)(i)(B) ....................................... 98.236(c)(6)(i)(D) ....................................... 98.236(c)(6)(i)(E) ....................................... 98.236(c)(6)(i)(F) ....................................... All.a Only estimate of the heat input.a Only estimate of the heat input from each type of fuel listed in Table C–2.a All.a All.a Only HHV value for each calendar month in which HHV determination is required.a All.a All.a All.a All.a All.a All.a All.a All. All. All. All. All. All. All. Name of raw kiln feed or raw material. All. All. All. All. All. All. All. All. All. Only Calculation Methodology 2. All. All. All. All. All. All. All. All. All. All. All. All. All. All.b All.b All.b All.b VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 E:\FR\FM\11DER3.SGM 11DER3 73784 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations TABLE A–7 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH THE REPORTING DEADLINE IS MARCH 31, 2015—Continued Specific data elements for which reporting date is March 31, 2015 (‘‘All’’ means all data elements in the cited paragraph are not required to be reported until March 31, 2015) Rule citation (40 CFR part 98) W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. W .................. Y ................... Y ................... Y ................... Y ................... AA ................ CC ................ CC ................ CC ................ CC ................ CC ................ CC ................ II ................... II ................... II ................... II ................... II ................... tkelley on DSK3SPTVN1PROD with RULES3 Subpart 98.236(c)(6)(i)(G) ...................................... 98.236(c)(6)(i)(H) ....................................... 98.236(c)(6)(ii)(A) ...................................... 98.236(c)(6)(ii)(B) ...................................... 98.236(c)(7)(i)(A) ....................................... 98.236(c)(8)(i)(F) ....................................... 98.236(c)(8)(i)(K) ....................................... 98.236(c)(8)(ii)(A) ...................................... 98.236(c)(8)(ii)(H) ...................................... 98.236(c)(8)(iii)(A) ..................................... 98.236(c)(8)(iii)(B) ..................................... 98.236(c)(8)(iii)(G) ..................................... 98.236(c)(12)(ii) ......................................... 98.236(c)(12)(v) ......................................... 98.236(c)(13)(i)(E) ..................................... 98.236(c)(13)(i)(F) ..................................... 98.236(c)(13)(ii)(A) .................................... 98.236(c)(13)(ii)(B) .................................... 98.236(c)(13)(iii)(A) ................................... 98.236(c)(13)(iii)(B) ................................... 98.236(c)(13)(v)(A) .................................... 98.236(c)(14)(i)(B) ..................................... 98.236(c)(14)(ii)(A) .................................... 98.236(c)(14)(ii)(B) .................................... 98.236(c)(14)(iii)(A) ................................... 98.236(c)(14)(iii)(B) ................................... 98.236(c)(14)(v)(A) .................................... 98.236(c)(15)(ii)(A) .................................... 98.236(c)(15)(ii)(B) .................................... 98.236(c)(16)(viii) ...................................... 98.236(c)(16)(ix) ........................................ 98.236(c)(16)(x) ......................................... 98.236(c)(16)(xi) ........................................ 98.236(c)(16)(xii) ....................................... 98.236(c)(16)(xiii) ...................................... 98.236(c)(16)(xiv) ...................................... 98.236(c)(16)(xv) ....................................... 98.236(c)(16)(xvi) ...................................... 98.236(c)(17)(ii) ......................................... 98.236(c)(17)(iii) ........................................ 98.236(c)(17)(iv) ........................................ 98.236(c)(18)(i) .......................................... 98.236(c)(18)(ii) ......................................... 98.236(c)(19)(iv) ........................................ 98.236(c)(19)(vii) ....................................... 98.256(h)(5)(i) ........................................... 98.256(k)(4) ............................................... 98.256(n)(3) ............................................... 98.256(o)(4)(vi) .......................................... 98.276(e) ................................................... 98.296(b)(10)(i) ......................................... 98.296(b)(10)(ii) ......................................... 98.296(b)(10)(iii) ........................................ 98.296(b)(10)(iv) ........................................ 98.296(b)(10)(v) ........................................ 98.296(b)(10)(vi) ........................................ 98.356(d)(2) ............................................... 98.356(d)(3) ............................................... 98.356(d)(4) ............................................... 98.356(d)(5) ............................................... 98.356(d)(6) ............................................... Only the amount of natural gas required. Only the amount of natural gas required. All. All. Only for Equation W–14A. All.b All. All.b All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. All. Only value of the correction. Only mole fraction of methane in coking gas. All (if used in Equation Y–21 to calculate emissions from equipment leaks). Only tank-specific methane composition data and gas generation rate data. All. All. All. All. All. All. All. All (if conducting weekly sampling). All (if conducting weekly sampling). Only weekly average temperature (if conducting weekly sampling). Only weekly average moisture content (if conducting weekly sampling). Only weekly average pressure (if conducting weekly sampling). a Required to be reported only by: (1) Stationary fuel combustion sources (e.g., individual units, aggregations of units, common pipes, or common stacks) subject to subpart C of this part that contain at least one combustion unit connected to a fuel-fired electric generator owned or operated by an entity that is subject to regulation of customer billing rates by the PUC (excluding generators connected to combustion units subject to 40 CFR part 98, subpart D) and that are located at a facility for which the sum of the nameplate capacities for all such electric generators is greater than or equal to 1 megawatt electric output; and (2) stationary fuel combustion sources (e.g., individual units, aggregations of units, common pipes, or common stacks) subject to subpart C of this part that do not meet the criteria in (1) of this footnote that elect to report these data elements, as provided in § 98.36(a), for reporting year 2014. b This rule citation provides an option to delay reporting of this data element for certain wildcat wells and/or delineation wells. VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 E:\FR\FM\11DER3.SGM 11DER3 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations Subpart I—Electronics Manufacturing 8. Section 98.93 is amended by revising paragraph (i)(2) 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 paragraph (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. * * * * * ■ 9. Section 98.94 is amended by removing paragraph (j)(5)(ii)(C) and revising paragraph (j)(8)(i) to read as follows: § 98.94 Monitoring and QA/QC requirements. tkelley on DSK3SPTVN1PROD with RULES3 * * * * * (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). * * * * * ■ 10. Section 98.96 is amended by: ■ a. Revising the parameter ‘‘GWPi’’ of Equation I–26 in paragraph (r) introductory text; ■ 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) * * * * * * VerDate Sep<11>2014 * * * * 19:57 Dec 10, 2014 Jkt 235001 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 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. * * * * * Subpart L—Fluorinated Gas Production 11. Section 98.122 is amended by revising paragraph (c) and adding paragraphs (d), (e) and (f) to read as follows: ■ § 98.122 GHGs to report. * * * * * (c) Emissions from production and transformation processes, process level. You must report, for each fluorinated GHG group, the total GWP-weighted mass of all fluorinated GHGs in that group (in metric tons CO2e) emitted from: (1) Each fluorinated gas production process. (2) Each fluorinated gas transformation process that is not part of a fluorinated gas production process and where no fluorinated GHG reactant is produced at another facility. (3) Each fluorinated gas transformation process that is not part of a fluorinated gas production process and where one or more fluorinated GHG reactants are produced at another facility. (d) Emissions from production and transformation processes, facility level, multiple products. If your facility produces more than one fluorinated gas product, you must report the emissions PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 73785 (in metric tons) from production and transformation processes, totaled across the facility as a whole, of each fluorinated GHG that is emitted in quantities of 1,000 metric tons of CO2e or more from production or transformation processes, totaled across the facility as a whole. Aggregate and report emissions of all other fluorinated GHGs from production and transformation processes by fluorinated GHG group for the facility as a whole, in metric tons of CO2e. (e) Emissions from production and transformation processes, facility level, one product only. If your facility produces only one fluorinated gas product, aggregate and report the GWPweighted emissions from production and transformation processes of fluorinated GHGs by fluorinated GHG group for the facility as a whole, in metric tons CO2e, with the following exception: Where emissions consist of a major fluorinated GHG constituent of a fluorinated gas product, and the product is sold or transferred to another person, report the total mass of each fluorinated GHG that is emitted from production and transformation processes and that is a major fluorinated GHG constituent of the product (in metric tons). (f) Emissions from destruction processes and venting of containers. You must report the total mass of each fluorinated GHG emitted (in metric tons) from: (1) Each fluorinated gas destruction process that is not part of a fluorinated gas production process or a fluorinated gas transformation process and all such fluorinated gas destruction processes combined. (2) Venting of residual fluorinated GHGs from containers returned from the field. 12. Section 98.123 is amended by: a. Revising the introductory text; b. Removing and reserving paragraph (a); ■ c. Revising paragraph (b); ■ d. Revising paragraph (c)(1)(v); ■ e. Removing and reserving paragraph (c)(1)(vi); ■ f. Redesignating paragraphs (e)(i) and (e)(ii) as paragraphs (e)(1) and (e)(2), respectively; ■ g. Revising paragraphs (g)(1), (g)(2)(ii), and (g)(2)(iv); and ■ h. Adding paragraph (h). The revisions and additions read as follows: ■ ■ ■ § 98.123 Calculating GHG emissions. For fluorinated gas production and transformation processes, you must calculate the fluorinated GHG emissions from each process using the emission E:\FR\FM\11DER3.SGM 11DER3 73786 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations factor or emission calculation factor method specified in paragraphs (c), (d), and (e) of this section, as appropriate. For destruction processes that destroy fluorinated GHGs that were previously ‘‘produced’’ as defined at § 98.410(b), you must calculate emissions using the procedures in paragraph (f) of this section. For venting of residual gas from containers (e.g., cylinder heels), you must calculate emissions using the procedures in paragraph (g) of this section. (a) [Reserved] (b) Mass balance method. The mass balance method was available for reporting years 2011, 2012, 2013, and 2014 only. See paragraph 1 of Appendix A of this subpart for the former mass balance method. (c) * * * (1) * * * (v) GWPs. To convert the fluorinated GHG emissions to CO2e, use Equation A–1 of § 98.2. (vi) [Reserved] * * * * * (g) * * * (1) Measuring contents of each container. If you weigh or otherwise measure the contents of each container before venting the residual fluorinated GHGs, use Equation L–32 of this section to calculate annual emissions of each fluorinated GHG from venting of residual fluorinated GHG from containers. Convert pressures to masses as directed in paragraph (g)(2)(ii) of this section. Where: HEfj = Mass of residual fluorinated GHG f in container j after evacuation by facility (metric tons). (Facility may equate to zero.) n = Number of vented containers for each fluorinated GHG f. (2) * * * (ii) Measurement of residual gas. The residual weight or pressure you use for paragraph (g)(1) of this section must be determined by monitoring the mass or the pressure of your cylinders/ containers according to § 98.124(k). If you monitor the pressure, convert the pressure to mass using a form of the ideal gas law, as displayed in Equation L–33 of this section, with an appropriately selected Z value. MW = Molecular weight of the fluorinated GHG f (g/gmole). Z = Compressibility factor. R = Gas constant (8.314 Pa m3/Kelvin mole). T = Absolute temperature (K). 106 = Conversion factor (106 g/metric ton). (iv) Calculate annual emissions of each fluorinated GHG from venting of residual fluorinated GHG from containers using Equation L–34 of this section. Where: mR = Mass of residual gas in the container (metric ton). p = Absolute pressure of the gas (Pa). V = Volume of the gas (m3). * * * * (h) Effective destruction efficiency for each process. If you used the emission factor or emission calculation factor method to calculate emissions from the process, use Equation L–35 to calculate the effective destruction efficiency for the process, including each process vent: ER11DE14.002</GPH> ER11DE14.003</GPH> container size and type j, as determined in paragraph (g)(2)(iii) of this section. Nfj = Number of containers of size and type j returned to the fluorinated gas production facility. Ffj = Full capacity of containers of size and type j containing fluorinated GHG f (metric tons). n = Number of combinations of container sizes and types for fluorinated GHG f. VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4725 E:\FR\FM\11DER3.SGM 11DER3 ER11DE14.001</GPH> tkelley on DSK3SPTVN1PROD with RULES3 Where: ECf = Total mass of each fluorinated GHG f emitted from the facility through venting of residual fluorinated GHG from containers, annual basis (metric tons/ year). hfj = Facility-wide gas-specific heel factor for fluorinated GHG f (fraction) and * ER11DE14.004</GPH> ECf = Total mass of each fluorinated GHG f emitted from the facility through venting of residual fluorinated GHG from containers, annual basis (metric tons/ year). HBfj = Mass of residual fluorinated GHG f in container j when received by facility (metric tons). Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations Where: DEEffective = Effective destruction efficiency for process i (fraction). EPVf = Mass of fluorinated GHG f emitted from process vent v from process i, operating scenario j, for the year, calculated in Equation L–21, L–22, L–26, or L–27 of this section (kg). GWPf = Global warming potential for each greenhouse gas from Table A–1 of subpart A of this part. ECFPV-Uf = Emission calculation factor for fluorinated GHG f emitted from process vent v during process i, operating scenario j during periods when the process vent is not vented to the properly functioning destruction device, as used in Equation L–21; or emission calculation factor for fluorinated GHG f emitted from process vent v during process i, operating scenario j, as used in Equation L–26 or L–27 (kg emitted/ activity) (e.g., kg emitted/kg product), denoted as ‘‘ECFPV’’ in those equations. EFPV-Uf = Emission factor (uncontrolled) for fluorinated GHG f emitted from process vent v during process i, operating scenario j, as used in Equation L–22 (kg emitted/activity) (e.g., kg emitted/kg product), denoted as ‘‘EFPV–U’’ in that equation. ActivityU = Total process feed, process production, or other process activity for process i, operating scenario j during the year, for which the process vent is not vented to the properly functioning destruction device (i.e., uncontrolled). ActivityC = Total process feed, process production, or other process activity for process i, operating scenario j during the year, for which emissions are vented to the properly functioning destruction device (i.e., controlled). o = Number of operating scenarios for process i. v = Number of process vents in process i, operating scenario j. w = Number of fluorinated GHGs emitted from the process. 5. Section 98.124 is amended by revising paragraphs (b) and (c)(1), (2) and (5) and redesignating paragraphs (c)(7) through (9) as paragraphs (c)(6) through (8). The revisions read as follows: ■ § 98.124 Monitoring and QA/QC requirements. tkelley on DSK3SPTVN1PROD with RULES3 * * * * * (b) Mass balance monitoring. Mass balance monitoring was available for reporting years 2011, 2012, 2013, and 2014 only. See paragraph 2 of Appendix A of this subpart for the former mass balance method. (c) * * * (1) Process vent testing. Conduct an emissions test that is based on representative performance of the process or operating scenario(s) of the process, as applicable. For process vents for which you performed an initial scoping speciation, include in the VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 emission test any fluorinated GHG that was identified in the initial scoping speciation. For process vents for which you did not perform an initial scoping speciation, include in the emission test any fluorinated greenhouse gas that occurs in more than trace concentrations in the vent stream or, where a destruction device is used, in the inlet to the destruction device. You may include startup and shutdown events if the testing is sufficiently long or comprehensive to ensure that such events are not overrepresented in the emission factor. Malfunction events must not be included in the testing. If you do not detect a fluorinated GHG that was identified in the scoping speciation or that occurs in more than trace concentrations in the vent stream or in the inlet to the destruction device, assume that fluorinated GHG was emitted at one half of the detection limit. (2) Number of runs. For continuous processes, sample the process vent for a minimum of three runs of 1 hour each. If the relative standard deviation (RSD) of the emission factor calculated based on the first three runs is greater than or equal to 0.15 for the emission factor, continue to sample the process vent for an additional three runs of 1 hour each. If more than one fluorinated GHG is measured, the RSD must be expressed in terms of total CO2e. * * * * * (5) Emission test results. The results of an emission test must include the analysis of samples, number of test runs, the results of the RSD analysis, the analytical method used, determination of emissions, the process activity, and raw data and must identify the process, the operating scenario, the process vents tested, and the fluorinated GHGs that were included in the test. The emissions test report must contain all information and data used to derive the processvent-specific emission factor, as well as key process conditions during the test. Key process conditions include those that are normally monitored for process control purposes and may include but are not limited to yields, pressures, temperatures, etc. (e.g., of reactor vessels, distillation columns). * * * * * ■ 6. Section 98.126 is amended by: ■ a. Revising paragraphs (a) through (e); ■ b. Removing and reserving paragraphs (f)(1), (f)(5), and (g)(1); ■ c. Revising paragraphs (g)(2) and (h)(1); ■ d. Removing and reserving paragraph (h)(2); and ■ e. Adding paragraph (k). PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 73787 The revisions and additions read as follows: § 98.126 Data reporting requirements. (a) All facilities. In addition to the information required by § 98.3(c), you must report the information in paragraphs (a)(2) through (6) of this section according to the schedule in paragraph (a)(1) of this section, except as otherwise provided in paragraph (j) of this section or in § 98.3(c)(4)(vii) and Table A–7 of subpart A of this part. (1) Frequency of reporting under paragraph (a) of this section. The information in paragraphs (a)(2) through (6) of this section must be reported annually. (2) Generically-identified process. For each production and transformation process at the facility, you must: (i) Provide a number, letter, or other identifier for the process. This identifier must be consistent from year to year. (ii) Indicate whether the process is a fluorinated gas production process, a fluorinated gas transformation process where no fluorinated GHG reactant is produced at another facility, or a fluorinated gas transformation process where one or more fluorinated GHG reactants are produced at another facility. (iii) Indicate whether the process could be characterized as reaction, distillation, or packaging (include all that apply). (iv) For each generically-identified process and each fluorinated GHG group, report the method(s) used to determine the mass emissions of that fluorinated GHG group from that process from vents (i.e., mass balance (for reporting years 2011, 2012, 2013, and 2014 only), process-vent-specific emission factor, or process-vent-specific emission calculation factor). (v) For each generically-identified process and each fluorinated GHG group, report the method(s) used to determine the mass emissions of that fluorinated GHG group from that process from equipment leaks, unless you used the mass balance method (for reporting years 2011, 2012, 2013, and 2014 only) for that process. (3) Emissions from production and transformation processes, process level, multiple products. If your facility produces more than one fluorinated gas product, for each generically-identified process and each fluorinated GHG group, you must report the total GWPweighted emissions of all fluorinated GHGs in that group from the process, in metric tons CO2e. (4) Emissions from production and transformation processes, facility level, multiple products. If your facility E:\FR\FM\11DER3.SGM 11DER3 tkelley on DSK3SPTVN1PROD with RULES3 73788 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations produces more than one fluorinated gas product, you must report the information in paragraphs (a)(4)(i) and (ii) of this section, as applicable, for emissions from production and transformation processes. (i) For each fluorinated GHG with emissions of 1,000 metric tons of CO2e or more from production and transformation processes, summed across the facility as a whole, you must report the total mass in metric tons of the fluorinated GHG emitted from production and transformation processes, summed across the facility as a whole. If the fluorinated GHG does not have a chemical-specific GWP in Table A–1 of subpart A, identify the fluorinated GHG group of which that fluorinated GHG is a member. (ii) For all other fluorinated GHGs emitted from production and transformation processes, you must report the total GWP-weighted emissions from production and transformation processes of those fluorinated GHGs by fluorinated GHG group, summed across the facility as a whole, in metric tons of CO2e. (5) Emissions from production and transformation processes, facility level, one product only. If your facility produces only one fluorinated gas product, aggregate and report the total GWP-weighted emissions from production and transformation processes of fluorinated GHGs by fluorinated GHG group for the facility as a whole, in metric tons of CO2e, with the following exception: Where emissions consist of a major fluorinated GHG constituent of a fluorinated gas product, and the product is sold or transferred to another person, report the total mass in metric tons of each fluorinated GHG that is emitted from production and transformation processes and that is a major fluorinated GHG constituent of the product. If the fluorinated GHG does not have a chemical-specific GWP in Table A–1 of subpart A, identify the fluorinated GHG group of which that fluorinated GHG is a member. (6) Effective destruction efficiency. For each generically-identified process, use Table L–1 of this subpart to report the range that encompasses the effective destruction efficiency, DEeffective, calculated for that process using Equation L–35 of this subpart. The effective destruction efficiency must be reported on a CO2e basis. (b) Reporting for mass balance method for reporting years 2011, 2012, 2013, and 2014. If you used the mass balance method to calculate emissions for any of the reporting years 2011, 2012, 2013, or 2014, you must conduct VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 mass balance reporting for that reporting year. For processes whose emissions were determined using the mass balance method under the former § 98.123(b), as included in paragraph 1 of Appendix A of this subpart, you must report the information listed in paragraphs (b)(1) and (b)(2) of this section for each process on an annual basis. (1) If you calculated the relative and absolute errors under the former § 98.123(b)(1), the overall absolute and relative errors calculated for the process under the former § 98.123(b)(1), in metric tons CO2e and decimal fraction, respectively. (2) The method used to estimate the total mass of fluorine in destroyed or recaptured streams (specify the former § 98.123(b)(4) or (15), as included in paragraph 1 of Appendix A of this subpart). (c) Reporting for emission factor and emission calculation factor approach. For processes whose emissions are determined using the emission factor approach under § 98.123(c)(3) or the emission calculation factor under § 98.123(c)(4), you must report the following for each generically-identified process. (1) [Reserved] (2) [Reserved] (3) For each fluorinated GHG group, the total GWP-weighted mass of all fluorinated GHGs in that group emitted from all process vents combined, in metric tons of CO2e. (4) For each fluorinated GHG group, the total GWP-weighted mass of all fluorinated GHGs in that group emitted from equipment leaks, in metric tons of CO2e. (d) Reporting for missing data. Where missing data have been estimated pursuant to § 98.125, you must report: (1) The generically-identified process for which the data were missing. (2) The reason the data were missing, the length of time the data were missing, and the method used to estimate the missing data. (3) Estimates of the missing data for all missing data associated with data elements required to be reported in this section. (e) Reporting of destruction device excess emissions data. Each fluorinated gas production facility that destroys fluorinated GHGs must report the excess emissions that result from malfunctions of the destruction device, and these excess emissions must be reflected in the fluorinated GHG estimates in the former § 98.123(b) as included in paragraph 1 of Appendix A of this subpart for the former mass balance method, and in § 98.123(c). Such excess emissions would occur if the PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 destruction efficiency was reduced due to the malfunction. * * * * * (g) * * * (2) The mass of the fluorinated GHG emitted from the destruction device (metric tons). (h) * * * (1) The mass of the residual fluorinated GHG vented from containers annually (metric tons). * * * * * (k) Submission of complete reporting year 2011, 2012, and 2013 GHG reports. By March 31, 2015, you must submit annual GHG reports for reporting years 2011, 2012, and 2013 that contain the information specified in paragraphs (a) through (i) of this section. The reports must calculate CO2e using the GWPs in Table A–1 of subpart A of this part (as in effect on January 1, 2015). Prior submission of partial reports for these reporting years under paragraph (j) of this section does not affect your obligation to submit complete reports under this paragraph. ■ 7. Section 98.127 is amended by: ■ a. Revising the introductory text; ■ b. Revising paragraphs (a)(1) and (2); ■ c. Adding paragraphs (a)(3) and (4); ■ d. Revising paragraph (b); ■ e. Revising paragraph (c) introductory text and paragraph (c)(3); and ■ f. Adding paragraph (l). The revisions and additions read as follows: § 98.127 Records that must be retained. In addition to the records required by § 98.3(g), you must retain the dated records specified in paragraphs (a) through (l) of this section, as applicable. (a) * * * (1) Identify all products and processes subject to this subpart. Include the unit identification as appropriate, the generic process identification reported for the process under § 98.126(a)(2)(i) through (iii), and the product with which the process is associated. (2) Monthly and annual records, as applicable, of all analyses and calculations conducted as required under § 98.123, including the data monitored under § 98.124, and all information reported as required under § 98.126. (3) Identify all fluorinated GHGs with emissions of 1,000 metric tons CO2e or more from production and transformation processes, summed across the facility as a whole, and identify all fluorinated GHGs with total emissions less than 1,000 metric tons CO2e from production and transformation processes, summed across the facility as a whole. E:\FR\FM\11DER3.SGM 11DER3 tkelley on DSK3SPTVN1PROD with RULES3 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations (4) Calculations used to determine the total GWP-weighted emissions of fluorinated GHGs by fluorinated GHG group for each process, in metric tons CO2e. (b) Scoping speciation. Retain records documenting the information collected under § 98.124(a). (c) Mass balance method. Retain the following records for each process for which the mass balance method was used to estimate emissions in reporting years 2011, 2012, 2013, or 2014. If you used an element other than fluorine in the mass balance equation pursuant to the former § 98.123(b)(3) as included in paragraph 1 of Appendix A of this subpart for the former mass balance method, substitute that element for fluorine in the recordkeeping requirements of this paragraph. * * * * * (3) The data and calculations used to determine the fractions of the mass emitted consisting of each reactant (FERd), product (FEP), and by-product (FEBk), including the preliminary calculations in the former § 98.123(b)(8)(i). * * * * * (l) Verification software records. For reporting year 2015 and thereafter, you must enter into verification software specified in § 98.5(b) the data specified in paragraphs (l)(1) through (15) of this section. The data specified in paragraphs (l)(1) through (11) must be entered for each process and each process vent, as applicable. The data specified in paragraphs (l)(1) through (15) must be entered for each fluorinated GHG, as applicable. You must keep a record of the file generated by the verification software specified in § 98.5(b) for the applicable data specified in paragraphs (l)(1) through (15) of this section. Retention of this file satisfies the recordkeeping requirement for the data in paragraphs (l)(1) through (15) of this section. (1) The identity of the process vent (e.g., name or number assigned by the facility). (2) The equation used to estimate emissions from the process vent (Equations L–21, L–22, L–26, or L–27). (3) The type of process activity used to estimate emissions from the process vent (e.g., product of process or reactant consumed by process) (Activity, ActivityC, or ActivityU) (Equations L–21, L–22, L–26, L–27, L–35). (4) The quantities of the process activity used to estimate controlled and uncontrolled emissions, respectively, for the process vent, Activity, ActivityU, or ActivityC, (e.g. kg product) (Equations L–21, L–22, L–26, L–27, L–35). VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 (5) The site-specific, process-ventspecific emission factor, EFPV–C, for the process vent, measured after the destruction device (kg fluorinated GHG emitted per kg activity) (Equation L–21). (6) The site-specific, process-ventspecific emission calculation factor, ECFPV–U, for the process vent, for periods not vented to destruction device (kg fluorinated GHG emitted per kg activity) (Equations L–21, L–35). (7) The site-specific, process-ventspecific emission factor(s), EFPV–U, for the process vent, measured before the destruction device (kg fluorinated GHG emitted per kg activity) (Equations L–22, L–35). (8) The site-specific, process-ventspecific emission calculation factor for the process vent, ECFPV (kg fluorinated GHG emitted per kg of activity) (Equations L–26, L–27, L–35). (9) Destruction efficiency, DE, of each destruction device for each fluorinated GHG whose destruction the facility reflects in § 98.123, in accordance with § 98.124(g)(1)(i) through (iv) (weight fraction) (Equations L–22, L–27, L–31). (10) Emissions of each fluorinated GHG for equipment pieces for the process, EELf (metric ton/yr) (98.123(d)(3)). (11) The mass of the fluorinated GHG previously produced and fed into the destruction device, RED, (metric tons) (Equation L–31). (12) If applicable, the heel factor, hfj, calculated for each container size and type (decimal fraction) (Equation L–34). (13) If applicable, the number of containers of size and type j returned to the fluorinated gas production facility, Nfj, (Equation L–34). (14) If applicable, the full capacity of containers of size and type j containing fluorinated GHG f, Ffj, (metric tons) (Equation L–34). (15) For fluorinated GHGs that do not have a chemical-specific GWP on Table A–1 of subpart A of this part, the fluorinated GHG group of which the fluorinated GHG is a member, as applicable (to permit look-up of global warming potential, GWPf, or GWPi, for that fluorinated GHG in Table A–1 of subpart A of this part (Equation A–1 of subpart A of this part, Equation L–35)). 8. Section 98.128 is amended by adding, in alphabetical order, definitions for ‘‘Fluorinated gas product,’’ ‘‘Generically-identified process,’’ and ‘‘Major fluorinated GHG constituent’’ to read as follows: ■ § 98.128 * PO 00000 * Definitions. * Frm 00041 * Fmt 4701 * Sfmt 4700 73789 Fluorinated gas product means the product of the process, including isolated intermediates. * * * * * Generically-identified process means a process that is: (1) Identified as a production process, a transformation process where no fluorinated GHG reactant is produced at another facility, or a transformation process where one or more fluorinated GHG reactants are produced at another facility; (2) Further identified as a reaction, distillation, or packaging process, or a combination thereof; and (3) Tagged with a discrete identifier, such as a letter or number, that remains constant from year to year. * * * * * Major fluorinated GHG constituent means a fluorinated GHG constituent of a fluorinated gas product that occurs in concentrations greater than 1 percent by mass. * * * * * ■ 9. Add table L–1 to subpart L to read as follows: TABLE L–1 OF SUBPART L OF PART 98—RANGES OF EFFECTIVE DESTRUCTION EFFICIENCY Range of Reductions ≥99%. ≥95% to <99%. ≥75% to <95%. ≥0% to <75%. 10. Add Appendix A to subpart L to read as follows: ■ Appendix A to Subpart L of Part 98— Mass Balance Method for Fluorinated Gas Production 1. Mass Balance Method for § 98.123(b). [Note: Numbering convention here matches original rule text, 75 FR 74774, December 1, 2010.] (b) Mass balance method. Before using the mass balance approach to estimate your fluorinated GHG emissions from a process, you must ensure that the process and the equipment and methods used to measure it meet either the error limits described in this paragraph and calculated under paragraph (b)(1) of this section or the requirements specified in paragraph § 98.124(b)(8). If you choose to calculate the error limits, you must estimate the absolute and relative errors associated with using the mass balance approach on that process using Equations L– 1 through L–4 of this section in conjunction with Equations L–5 through L–10 of this section. You may use the mass-balance approach to estimate emissions from the process if this calculation results in an absolute error of less than or equal to 3,000 metric tons CO2e per year or a relative error of less than or equal to 30 percent of the E:\FR\FM\11DER3.SGM 11DER3 73790 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations techniques. Once errors have been calculated for the quantities in these equations, those errors must be used to calculate the errors in Equations L–6 and L–5 of this section. You may ignore the errors associated with Equations L–11, L–12, and L–13 of this section. (i) Where the measured quantity is a mass, the error in the mass must be equated to the accuracy or precision (whichever is larger) of the flowmeter, scale, or combination of volumetric and density measurements at the flow rate or mass measured. (ii) Where the measured quantity is a concentration of a stream component, the error of the concentration must be equated to the accuracy or precision (whichever is larger) with which you estimate the mean concentration of that stream component, accounting for the variability of the process, the frequency of the measurements, and the accuracy or precision (whichever is larger) of the analytical technique used to measure the concentration at the concentration measured. If the variability of process measurements is used to estimate the error, this variability shall be assumed to account both for the variability of the process and the precision of the analytical technique. Use standard statistical techniques such as the student’s t distribution to estimate the error of the mean of the concentration measurements as a function of process variability and frequency of measurement. (iii) Equation L–1 of this section provides the general formula for calculating the absolute errors of sums and differences where the sum, S, is the summation of variables measured, a, b, c, etc. (e.g., S = a + b + c): Where: eSA = Absolute error of the sum, expressed as one half of a 95 percent confidence interval. ea = Relative error of a, expressed as one half of a 95 percent confidence interval. eb = Relative error of b, expressed as one half of a 95 percent confidence interval. ec = Relative error of c, expressed as one half of a 95 percent confidence interval. (iv) Equation L–2 of this section provides the general formula for calculating the relative errors of sums and differences: Where: eSR = Relative error of the sum, expressed as one half of a 95 percent confidence interval. eSA = Absolute error of the sum, expressed as one half of a 95 percent confidence interval. a+b+c = Sum of the variables measured. (v) Equation L–3 of this section provides the general formula for calculating the absolute errors of products (e.g., flow rates of GHGs calculated as the product of the flow rate of the stream and the concentration of the GHG in the stream), where the product, P, is the result of multiplying the variables measured, a, b, c, etc. (e.g., P = a*b*c): Where: ePA = Absolute error of the product, expressed as one half of a 95 percent confidence interval. ea = Relative error of a, expressed as one half of a 95 percent confidence interval. eb = Relative error of b, expressed as one half of a 95 percent confidence interval. ec = Relative error of c, expressed as one half of a 95 percent confidence interval. (vi) Equation L–4 of this section provides the general formula for calculating the relative errors of products: Where: ePR = Relative error of the product, expressed as one half of a 95 percent confidence interval. ePA = Absolute error of the product, expressed as one half of a 95 percent confidence interval. a*b*c = Product of the variables measured. (vii) Calculate the absolute error of the emissions estimate in terms of CO2e by performing a preliminary estimate of the annual CO2e emissions of the process using the method in paragraph (b)(1)(viii) of this section. Multiply this result by the relative error calculated for the mass of fluorine emitted from the process in Equation L–6 of this section. (viii) To estimate the annual CO2e emissions of the process for use in the error estimate, apply the methods set forth in paragraphs (b)(2) through (7) and (b)(9) through (16) of this section to representative process measurements. If these process measurements represent less than one year of typical process activity, adjust the estimated emissions to account for one year of typical process activity. To estimate the terms FERd, FEP, and FEBk for use in the error estimate for Equations L–11, L–12, and L–13 of this section, you must either use emission testing, monitoring of emitted streams, and/or engineering calculations or assessments, or in the alternative assume that all fluorine is emitted in the form of the fluorinated GHG that has the highest GWP among the VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 E:\FR\FM\11DER3.SGM 11DER3 ER11DE14.007</GPH> ER11DE14.006</GPH> ER11DE14.005</GPH> tkelley on DSK3SPTVN1PROD with RULES3 ER11DE14.008</GPH> estimated CO2e fluorinated GHG emissions. If you do not meet either of the error limits or the requirements of paragraph § 98.124(b)(8), you must use the emission factor approach detailed in paragraphs (c), (d), and (e) of this section to estimate emissions from the process. (1) Error calculation. To perform the calculation, you must first calculate the absolute and relative errors associated with the quantities calculated using either Equations L–7 through L–10 of this section or Equation L–17 of this section. Alternatively, you may estimate these errors based on the variability of previous process measurements (e.g., the variability of measurements of stream concentrations), provided these measurements are representative of the current process and current measurement devices and Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 73791 for processes that do not involve a chemical reaction), accounting for the total mass of fluorine in any destroyed or recaptured streams that contain reactants, products, or by-products (or inputs or outputs). This calculation must be performed using Equation L–6 of this section. An element other than fluorine may be used in the massbalance equation, provided the element occurs in all of the fluorinated GHGs fed into or generated by the process. In this case, the mass fractions of the element in the reactants, products, and by-products must be calculated as appropriate for that element. Where: EF = Total mass of fluorine emitted from process i over the period p (metric tons). Rd = Total mass of the fluorine-containing reactant d that is fed into process i over the period p (metric tons). P = Total mass of the fluorine-containing product produced by process i over the period p (metric tons). MFFRd = Mass fraction of fluorine in reactant d, calculated in Equation L–14 of this section. MFFP = Mass fraction of fluorine in the product, calculated in Equation L–15 of this section. FD = Total mass of fluorine in destroyed or recaptured streams from process i containing fluorine-containing reactants, products, and by-products over the period p, calculated in Equation L–7 of this section. v = Number of fluorine-containing reactants fed into process i. (4) The mass of total fluorine in destroyed or recaptured streams containing fluorinecontaining reactants, products, and byproducts must be estimated at least monthly using Equation L–7 of this section unless you use the alternative approach provided in paragraph (b)(15) of this section. Where: FD = Total mass of fluorine in destroyed or recaptured streams from process i containing fluorine-containing reactants, products, and by-products over the period p. Pj = Mass of the fluorine-containing product removed from process i in stream j and destroyed over the period p (calculated in Equation L–8 or L–9 of this section). Bkj = Mass of fluorine-containing by-product k removed from process i in stream j and destroyed over the period p (calculated in Equation L–8 or L–9 of this section). Bkl = Mass of fluorine-containing by-product k removed from process i in stream l and recaptured over the period p. Rdj = Mass of fluorine-containing reactant d removed from process i in stream j and destroyed over the period p (calculated in Equation L–8 or L–9 of this section). MFFRd = Mass fraction of fluorine in reactant d, calculated in Equation L–14 of this section. MFFP = Mass fraction of fluorine in the product, calculated in Equation L–15 of this section. MFFBk = Mass fraction of fluorine in byproduct k, calculated in Equation L–16 of this section. q = Number of streams destroyed in process i. x = Number of streams recaptured in process i. u = Number of fluorine-containing byproducts generated in process i. v = Number of fluorine-containing reactants fed into process i. (5) The mass of each fluorinated GHG removed from process i in stream j and destroyed over the period p (i.e., Pj, Bkj, or Rdj, as applicable) must be estimated by applying the destruction efficiency (DE) of the device that has been demonstrated for the fluorinated GHG f to fluorinated GHG f using Equation L–8 of this section: ER11DE14.011</GPH> EBp-FGHGf = Total mass of fluorinated GHG by-product f emitted from production process i over the period p (metric tons, calculated in Equation L–13 of this section). n = Number of concentration and flow measurement periods for the year. (3) The total mass of fluorine emitted from process i over the period p must be estimated at least monthly by calculating the difference between the total mass of fluorine in the reactant(s) (or inputs, for processes that do not involve a chemical reaction) and the total mass of fluorine in the product (or outputs, ER11DE14.012</GPH> transformation process must be estimated by using Equation L–5 of this section. VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4725 E:\FR\FM\11DER3.SGM 11DER3 ER11DE14.009</GPH> ER11DE14.010</GPH> in Table A–1 to subpart A of this part, use a default GWP of 2,000. (2) The total mass of each fluorinated GHG emitted annually from each fluorinated gas production and each fluorinated GHG Where: EFGHGf = Total mass of each fluorinated GHG f emitted annually from production or transformation process i (metric tons). ERp-FGHGf = Total mass of fluorinated GHG reactant f emitted from production process i over the period p (metric tons, calculated in Equation L–11 of this section). EPp-FGHGf = Total mass of the fluorinated GHG product f emitted from production process i over the period p (metric tons, calculated in Equation L–12 of this section). tkelley on DSK3SPTVN1PROD with RULES3 fluorinated GHGs that occur in more than trace concentrations in the process. To convert the fluorinated GHG emissions to CO2e, use Equation A–1 of § 98.2. For fluorinated GHGs whose GWPs are not listed 73792 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations (7) The mass of fluorine-containing byproduct k removed from process i in stream l and recaptured over the period p must be estimated using Equation L–10 of this section: Where: Bkl = Mass of fluorine-containing by-product k removed from process i in stream l and recaptured over the period p (metric tons). cBkl = Concentration (mass fraction) of fluorine-containing by-product k in stream l removed from process i and recaptured over the period p. If this concentration is only a trace concentration, cBkl is equal to zero. Sl = Mass removed in stream l from process i and recaptured over the period p (metric tons). (8) To estimate the terms FERd, FEP, and FEBk for Equations L–11, L–12, and L–13 of this section, you must assume that the total mass of fluorine emitted, EF, estimated in Equation L–6 of this section, occurs in the form of the fluorinated GHG that has the highest GWP among the fluorinated GHGs that occur in more than trace concentrations in the process unless you possess emission characterization measurements showing otherwise. These emission characterization measurements must meet the requirements in paragraph (8)(i), (ii), or (iii) of this section, as appropriate. The sum of the terms must equal 1. You must document the data and calculations that are used to speciate individual compounds and to estimate FERd, FEP, and FEBk. Exclude from your calculations the fluorine included in FD. For example, exclude fluorine-containing compounds that are not fluorinated GHGs and that result from the destruction of fluorinated GHGs by any destruction devices (e.g., the mass of HF created by combustion of an HFC). However, include emissions of fluorinated GHGs that survive the destruction process. (i) If the calculations under paragraph (b)(1)(viii) of this section, or any subsequent measurements and calculations under this subpart, indicate that the process emits 25,000 metric tons CO2e or more, estimate the emissions from each process vent, considering controls, using the methods in § 98.123(c)(1). You must characterize the emissions of any process vent that emits 25,000 metric tons CO2e or more as specified in § 98.124(b)(4). (ii) For other vents, including vents from processes that emit less than 25,000 metric tons CO2e, you must characterize emissions as specified in § 98.124(b)(5). (iii) For fluorine emissions that are not accounted for by vent estimates, you must characterize emissions as specified in § 98.124(b)(6). (9) The total mass of fluorine-containing reactant d emitted must be estimated at least monthly based on the total fluorine emitted and the fraction that consists of fluorinecontaining reactants using Equation L–11 of this section. If the fluorine-containing reactant d is a non-GHG, you may assume that FERd is zero. Where: ER-ip = Total mass of fluorine-containing reactant d that is emitted from process i over the period p (metric tons). FERd = The fraction of the mass emitted that consists of the fluorine-containing reactant d. EF = Total mass of fluorine emissions from process i over the period p (metric tons), calculated in Equation L–6 of this section. FEP = The fraction of the mass emitted that consists of the fluorine-containing product. FEBk = The fraction of the mass emitted that consists of fluorine-containing byproduct k. MFFRd = Mass fraction of fluorine in reactant d, calculated in Equation L–14 of this section. MFFP = Mass fraction of fluorine in the product, calculated in Equation L–15 of this section. MFFBk = Mass fraction of fluorine in byproduct k, calculation in Equation L–16 of this section. u = Number of fluorine-containing byproducts generated in process i. v = Number of fluorine-containing reactants fed into process i. (10) The total mass of fluorine-containing product emitted must be estimated at least monthly based on the total fluorine emitted and the fraction that consists of fluorinecontaining products using Equation L–12 of this section. If the fluorine-containing product is a non-GHG, you may assume that FEP is zero. VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 E:\FR\FM\11DER3.SGM 11DER3 ER11DE14.014</GPH> stream j removed from process i and fed into the destruction device over the period p. If this concentration is only a trace concentration, cFCgj is equal to zero. Sj = Mass removed in stream j from process i and fed into the destruction device over the period p (metric tons). ER11DE14.015</GPH> (6) The mass of each fluorine-containing compound that is not a fluorinated GHG and that is removed from process i in stream j and destroyed over the period p (i.e., Pj, Bkj, or Rdj, as applicable) must be estimated using Equation L–9 of this section. ER11DE14.013</GPH> CFGHGfj = Concentration (mass fraction) of fluorinated GHG f in stream j removed from process i and fed into the destruction device over the period p. If this concentration is only a trace concentration, cF–GHGfj is equal to zero. Sj = Mass removed in stream j from process i and fed into the destruction device over the period p (metric tons). Where: MFCgj = Mass of non-GHG fluorine-containing compound g removed from process i in stream j and destroyed over the period p. (This may be Pj, Bkj, or Rdj, as applicable). cFCgj = Concentration (mass fraction) of nonGHG fluorine-containing compound g in tkelley on DSK3SPTVN1PROD with RULES3 Where: MFGHGfj = Mass of fluorinated GHG f removed from process i in stream j and destroyed over the period p. (This may be Pj, Bkj, or Rdj, as applicable.) DEFGHGf = Destruction efficiency of the device that has been demonstrated for fluorinated GHG f in stream j (fraction). Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 73793 MFFBk = Mass fraction of fluorine in byproduct k, calculation in Equation L–16 of this section. u = Number of fluorine-containing byproducts generated in process i. v = Number of fluorine-containing reactants fed into process i. (12) The mass fraction of fluorine in reactant d must be estimated using Equation L–14 of this section: MFRd = Moles fluorine per mole of reactant d. AWF = Atomic weight of fluorine. MWRd = Molecular weight of reactant d. (13) The mass fraction of fluorine in the product must be estimated using Equation L– 15 of this section: Where: MFFP = Mass fraction of fluorine in the product (fraction). MFP = Moles fluorine per mole of product. AWF = Atomic weight of fluorine. MWP = Molecular weight of the product produced. (14) The mass fraction of fluorine in byproduct k must be estimated using Equation L–16 of this section: ER11DE14.019</GPH> Where: MFFRd = Mass fraction of fluorine in reactant d (fraction). ER11DE14.018</GPH> FEP = The fraction of the mass emitted that consists of the fluorine-containing product. EF = Total mass of fluorine emissions from process i over the period p (metric tons), calculated in Equation L–6 of this section. MFFRd = Mass fraction of fluorine in reactant d, calculated in Equation L–14 of this section. MFFP = Mass fraction of fluorine in the product, calculated in Equation L–15 of this section. ER11DE14.020</GPH> v = Number of fluorine-containing reactants fed into process i. (11) The total mass of fluorine-containing by-product k emitted must be estimated at least monthly based on the total fluorine emitted and the fraction that consists of fluorine-containing by-products using Equation L–13 of this section. If fluorinecontaining by-product k is a non-GHG, you may assume that FEBk is zero. VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4725 E:\FR\FM\11DER3.SGM 11DER3 ER11DE14.016</GPH> ER11DE14.017</GPH> FEBk = The fraction of the mass emitted that consists of fluorine-containing byproduct k. MFFRd = Mass fraction of fluorine in reactant d, calculated in Equation L–14 of this section. MFFP = Mass fraction of fluorine in the product, calculated in Equation L–15 of this section. MFFBk = Mass fraction of fluorine in byproduct k, calculation in Equation L–16 of this section. u = Number of fluorine-containing byproducts generated in process i. Where: EBk-ip = Total mass of fluorine-containing byproduct k emitted from process i over the period p (metric tons). FEBk = The fraction of the mass emitted that consists of fluorine-containing byproduct k. FERd = The fraction of the mass emitted that consists of fluorine-containing reactant d. tkelley on DSK3SPTVN1PROD with RULES3 Where: EP-ip = Total mass of fluorine-containing product emitted from process i over the period p (metric tons). FEP = The fraction of the mass emitted that consists of the fluorine-containing product. EF = Total mass of fluorine emissions from process i over the period p (metric tons), calculated in Equation L–6 of this section. FERd = The fraction of the mass emitted that consists of fluorine-containing reactant d. 73794 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations cTFj = Concentration (mass fraction) of total fluorine in stream j removed from process i and fed into the destruction device over the period p. If this concentration is only a trace concentration, cTFj is equal to zero. Sj = Mass removed in stream j from process i and fed into the destruction device over the period p (metric tons). cTFl = Concentration (mass fraction) of total fluorine in stream l removed from process i and recaptured over the period p. If this concentration is only a trace concentration, cBkl is equal to zero. Sl = Mass removed in stream l from process i and recaptured over the period p. q = Number of streams destroyed in process i. x = Number of streams recaptured in process i. (16) Weighted average destruction efficiency. For purposes of Equation L–17 of this section, calculate the weighted average destruction efficiency applicable to a destroyed stream using Equation L–18 of this section. Where: DEavgj = Weighted average destruction efficiency of the destruction device for the fluorine-containing compounds identified in destroyed stream j under 98.124(b)(4)(ii) or (b)(5)(ii), as appropriate. DEFGHGf = Destruction efficiency of the device that has been demonstrated for fluorinated GHG f in stream j (fraction). cFGHGfj = Concentration (mass fraction) of fluorinated GHG f in stream j removed from process i and fed into the destruction device over the period p. If this concentration is only a trace concentration, cF–GHGfj is equal to zero. cFCgj = Concentration (mass fraction) of nonGHG fluorine-containing compound g in stream j removed from process i and fed into the destruction device over the period p. If this concentration is only a trace concentration, cFCgj is equal to zero. Sj = Mass removed in stream j from process i and fed into the destruction device over the period p (metric tons). MFFFGHGf = Mass fraction of fluorine in fluorinated GHG f, calculated in Equation L–14, L–15, or L–16 of this section, as appropriate. MFFFCg = Mass fraction of fluorine in nonGHG fluorine-containing compound g, calculated in Equation L–14, L–15, or L– 16 of this section, as appropriate. w = Number of fluorinated GHGs in destroyed stream j. y = Number of non-GHG fluorine-containing compounds in destroyed stream j. 2. Mass Balance Method for § 98.124(b). [Note: Numbering convention here matches original rule text, 75 FR 74774, December 1, 2010.] (b) Mass balance monitoring. If you determine fluorinated GHG emissions from any process using the mass balance method under § 98.123(b), you must estimate the total mass of each fluorinated GHG emitted from that process at least monthly. Only streams that contain greater than trace concentrations of fluorine-containing reactants, products, or by-products must be monitored under this paragraph. If you use an element other than fluorine in the mass-balance equation pursuant to § 98.123(b)(3), substitute that element for fluorine in the monitoring requirements of this paragraph. (1) Mass measurements. Measure the following masses on a monthly or more frequent basis using flowmeters, weigh scales, or a combination of volumetric and density measurements with accuracies and precisions that allow the facility to meet the error criteria in § 98.123(b)(1): (i) Total mass of each fluorine-containing product produced. Account for any used fluorine-containing product added into the production process upstream of the output measurement as directed at §§ 98.413(b) and 98.414(b). For each product, the mass produced used for the mass-balance calculation must be the same as the mass produced that is reported under subpart OO of this part, where applicable. (ii) Total mass of each fluorine-containing reactant fed into the process. (iii) The mass removed from the process in each stream fed into the destruction device. (iv) The mass removed from the process in each recaptured stream. (2) Concentration measurements for use with § 98.123(b)(4). If you use § 98.123(b)(4) to estimate the mass of fluorine in destroyed or recaptured streams, measure the following concentrations at least once each calendar month during which the process is operating, on a schedule to ensure that the measurements are representative of the full range of process conditions (e.g., catalyst age). Measure more frequently if this is necessary to meet the error criteria in § 98.123(b)(1). Use equipment and methods (e.g., gas chromatography) that comply with paragraph (e) of this section and that have an accuracy and precision that allow the facility to meet the error criteria in § 98.123(b)(1). Only fluorine-containing reactants, products, and by-products that occur in a stream in greater than trace concentrations must be monitored under this paragraph. (i) The concentration (mass fraction) of the fluorine-containing product in each stream that is fed into the destruction device. (ii) The concentration (mass fraction) of each fluorine-containing by-product in each stream that is fed into the destruction device. (iii) The concentration (mass fraction) of each fluorine-containing reactant in each stream that is fed into the destruction device. (iv) The concentration (mass fraction) of each fluorine-containing by-product in each stream that is recaptured (cBkl). VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4700 E:\FR\FM\11DER3.SGM 11DER3 ER11DE14.022</GPH> the total mass of fluorine in destroyed or recaptured streams containing fluorinecontaining compounds (including all fluorine-containing reactants, products, and byproducts) using Equation L–17 of this section. ER11DE14.021</GPH> MWBk = Molecular weight of by-product k. (15) Alternative for determining the mass of fluorine destroyed or recaptured. As an alternative to using Equation L–7 of this section as provided in paragraph (b)(4) of this section, you may estimate at least monthly Where: FD = Total mass of fluorine in destroyed or recaptured streams from process i containing fluorine-containing reactants, products, and by-products over the period p. DEavgj = Weighted average destruction efficiency of the destruction device for the fluorine-containing compounds identified in destroyed stream j under § 98.124(b)(4)(ii) and (5)(ii) (calculated in Equation L–18 of this section)(fraction). tkelley on DSK3SPTVN1PROD with RULES3 Where: MFFBk = Mass fraction of fluorine in the product (fraction). MFBk = Moles fluorine per mole of byproduct k. AWF = Atomic weight of fluorine. tkelley on DSK3SPTVN1PROD with RULES3 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations (3) Concentration measurements for use with § 98.123(b)(15). If you use § 98.123(b)(15) to estimate the mass of fluorine in destroyed or recaptured streams, measure the concentrations listed in paragraphs (b)(3)(i) and (ii) of this section at least once each calendar month during which the process is operating, on a schedule to ensure that the measurements are representative of the full range of process conditions (e.g., catalyst age). Measure more frequently if this is necessary to meet the error criteria in § 98.123(b)(1). Use equipment and methods (e.g., gas chromatography) that comply with paragraph (e) of this section and that have an accuracy and precision that allow the facility to meet the error criteria in § 98.123(b)(1). Only fluorine-containing reactants, products, and by-products that occur in a stream in greater than trace concentrations must be monitored under this paragraph. (i) The concentration (mass fraction) of total fluorine in each stream that is fed into the destruction device. (ii) The concentration (mass fraction) of total fluorine in each stream that is recaptured. (4) Emissions characterization: process vents emitting 25,000 metric tons CO2e or more. To characterize emissions from any process vent emitting 25,000 metric tons CO2e or more, comply with paragraphs (b)(4)(i) through (b)(4)(v) of this section, as appropriate. Only fluorine-containing reactants, products, and by-products that occur in a stream in greater than trace concentrations must be monitored under this paragraph. (i) Uncontrolled emissions. If emissions from the process vent are not routed through a destruction device, sample and analyze emissions at the process vent or stack or sample and analyze emitted streams before the process vent. If the process has more than one operating scenario, you must either perform the emission characterization for each operating scenario or perform the emission characterization for the operating scenario that is expected to have the largest emissions and adjust the emission characterization for other scenarios using engineering calculations and assessments as specified in § 98.123(c)(4). To perform the characterization, take three samples under conditions that are representative for the operating scenario. Measure the concentration of each fluorine-containing compound in each sample. Use equipment and methods that comply with paragraph (e) of this section. Calculate the average concentration of each fluorine-containing compound across all three samples. (ii) Controlled emissions using § 98.123(b)(15). If you use § 98.123(b)(15) to estimate the total mass of fluorine in destroyed or recaptured streams, and if the emissions from the process vent are routed through a destruction device, characterize emissions as specified in paragraph (b)(4)(i) of this section before the destruction device. Apply the destruction efficiency demonstrated for each fluorinated GHG in the destroyed stream to that fluorinated GHG. Exclude from the characterization fluorinecontaining compounds that are not fluorinated GHGs. VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 (iii) Controlled emissions using § 98.123(b)(4). If you use § 98.123(b)(4) to estimate the mass of fluorine in destroyed or recaptured streams, and if the emissions from the process vent are routed through a destruction device, characterize the process vent’s emissions monthly (or more frequently) using the monthly (or more frequent) measurements under paragraphs (b)(1)(iii) and (b)(2)(i) through (iii) of this section. Apply the destruction efficiency demonstrated for each fluorinated GHG in the destroyed stream to that fluorinated GHG. Exclude from the characterization fluorinecontaining compounds that are not fluorinated GHGs. (iv) Emissions characterization frequency. You must repeat emission characterizations performed under paragraph (b)(4)(i) and (ii) of this section under paragraph (b)(4)(iv)(A) or (B) of this section, whichever occurs first: (A) 10-year revision. Repeat the emission characterization every 10 years. In the calculations under § 98.123, apply the revised emission characterization to the process activity that occurs after the revision. (B) Operating scenario change that affects the emission characterization. For planned operating scenario changes, you must estimate and compare the emission calculation factors for the changed operating scenario and for the original operating scenario whose process vent specific emission factor was measured. Use the engineering calculations and assessments specified in § 98.123(c)(4). If the share of total fluorine-containing compound emissions represented by any fluorinated GHG changes under the changed operating scenario by 15 percent or more of the total, relative to the previous operating scenario (this includes the cumulative change in the emission calculation factor since the last emissions test), you must repeat the emission characterization. Perform the emission characterization before February 28 of the year that immediately follows the change. In the calculations under § 98.123, apply the revised emission characterization to the process activity that occurs after the operating scenario change. (v) Subsequent measurements. If a process vent with fluorinated GHG emissions less than 25,000 metric tons CO2e, per § 98.123(c)(2), is later found to have fluorinated GHG emissions of 25,000 metric tons CO2e or greater, you must perform an emission characterization under this paragraph during the following year. (5) Emissions characterization: Process vents emitting less than 25,000 metric tons CO2e. To characterize emissions from any process vent emitting less than 25,000 metric tons CO2e, comply with paragraphs (b)(5)(i) through (iii) of this section, as appropriate. Only fluorine-containing reactants, products, and by-products that occur in a stream in greater than trace concentrations must be monitored under this paragraph. (i) Uncontrolled emissions. If emissions from the process vent are not routed through a destruction device, emission measurements must consist of sampling and analysis of emissions at the process vent or stack, sampling and analysis of emitted streams before the process vent, previous test results, PO 00000 Frm 00047 Fmt 4701 Sfmt 4700 73795 provided the tests are representative of current operating conditions of the process, or bench-scale or pilot-scale test data representative of the process operating conditions. (ii) Controlled emissions using § 98.123(b)(15). If you use § 98.123(b)(15) to estimate the total mass of fluorine in destroyed or recaptured streams, and if the emissions from the process vent are routed through a destruction device, characterize emissions as specified in paragraph (b)(5)(i) of this section before the destruction device. Apply the destruction efficiency demonstrated for each fluorinated GHG in the destroyed stream to that fluorinated GHG. Exclude from the characterization fluorinecontaining compounds that are not fluorinated GHGs. (iii) Controlled emissions using § 98.123(b)(4). If you use § 98.123(b)(4) to estimate the mass of fluorine in destroyed or recaptured streams, and if the emissions from the process vent are routed through a destruction device, characterize the process vent’s emissions monthly (or more frequently) using the monthly (or more frequent) measurements under paragraphs (b)(1)(iii) and (b)(2)(i) through (iii) of this section. Apply the destruction efficiency demonstrated for each fluorinated GHG in the destroyed stream to that fluorinated GHG. Exclude from the characterization fluorinecontaining compounds that are not fluorinated GHGs. (6) Emissions characterization: Emissions not accounted for by process vent estimates. Calculate the weighted average emission characterization across the process vents before any destruction devices. Apply the weighted average emission characterization for all the process vents to any fluorine emissions that are not accounted for by process vent estimates. (7) Impurities in reactants. If any fluorinecontaining impurity is fed into a process along with a reactant (or other input) in greater than trace concentrations, this impurity shall be monitored under this section and included in the calculations under § 98.123 in the same manner as reactants fed into the process, fed into the destruction device, recaptured, or emitted, except the concentration of the impurity in the mass fed into the process shall be measured, and the mass of the impurity fed into the process shall be calculated as the product of the concentration of the impurity and the mass fed into the process. The mass of the reactant fed into the process may be reduced to account for the mass of the impurity. (8) Alternative to error calculation. As an alternative to calculating the relative and absolute errors associated with the estimate of emissions under § 98.123(b), you may comply with the precision, accuracy, measurement and calculation frequency, and fluorinated GHG throughput requirements of paragraph (b)(8)(i) through (iv) of this section. (i) Mass measurements. Measure the masses specified in paragraph (b)(1) of this section using flowmeters, weigh scales, or a combination of volumetric and density measurements with accuracies and E:\FR\FM\11DER3.SGM 11DER3 73796 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES3 precisions of ±0.2 percent of full scale or better. (ii) Concentration measurements. Measure the concentrations specified in paragraph (b)(2) or (3) of this section, as applicable, using analytical methods with accuracies and precisions of ±10 percent or better. (iii) Measurement and calculation frequency. Perform the mass measurements specified in paragraph (b)(1) of this section VerDate Sep<11>2014 19:57 Dec 10, 2014 Jkt 235001 and the concentration measurements specified in paragraph (b)(2) or (3) of this section, as applicable, at least weekly, and calculate emissions at least weekly. (iv) Fluorinated-GHG throughput limit. You may use the alternative to the error calculation specified in paragraph (b)(8) of this section only if the total annual CO2equivalent fluorinated GHG throughput of the process is 500,000 mtCO2e or less. The PO 00000 Frm 00048 Fmt 4701 Sfmt 9990 total throughput is the sum of the masses of the fluorinated GHG reactants, products, and by-products fed into and generated by the process. To convert these masses to CO2e, use Equation A–1 of § 98.2. For fluorinated GHGs whose GWPs are not listed in Table A–1 to subpart A of this part, use a default GWP of 2,000. [FR Doc. 2014–28444 Filed 12–10–14; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\11DER3.SGM 11DER3

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Rules and Regulations]
[Pages 73749-73796]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28444]

[[Page 73749]]

Vol. 79

Thursday,

No. 238

December 11, 2014

Part III

Environmental Protection Agency

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40 CFR Part 98

Greenhouse Gas Reporting Program: Addition of Global Warming Potentials
to the General Provisions and Amendments and Confidentiality
Determinations for Fluorinated Gas Production; Final Rule

Federal Register / Vol. 79 , No. 238 / Thursday, December 11, 2014 /
Rules and Regulations

[[Page 73750]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2009-0927; FRL-9919-70-OAR]
RIN 2060-AR78

Greenhouse Gas Reporting Program: Addition of Global Warming
Potentials to the General Provisions and Amendments and Confidentiality
Determinations for Fluorinated Gas Production

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is adding chemical-
specific and default global warming potentials (GWPs) for a number of
fluorinated greenhouse gases (F-GHGs) and fluorinated heat transfer
fluids (F-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 changes will increase the
completeness and accuracy of the carbon dioxide (CO2)-
equivalent emissions calculated and reported by suppliers and emitters
of fluorinated GHGs and HTFs. The EPA is also making conforming changes
to the provisions for the Electronics Manufacturing and Fluorinated Gas
Production source categories. In addition, the EPA is amending certain
provisions of the Fluorinated Gas Production source category to reduce
the level of detail in which emissions are reported, eliminate the
mass-balance emission calculation method, and clarify the emission
factor method. These amendments also include an alternative
verification approach for this source category in lieu of collecting
certain data elements for which the EPA has identified disclosure
concerns and for which the reporting deadline was deferred until March
31, 2015. In addition, this action establishes confidentiality
determinations for certain reporting requirements of the Fluorinated
Gas Production source category.

DATES: This final rule is effective on January 1, 2015.

ADDRESSES: 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., confidential business
information (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 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/ghgreporting/. To submit a question, select Rule Help Center,
followed by Contact Us.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of this final rule 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 rule Web
site at https://www.epa.gov/ghgreporting/.

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 CAA section 307(d) apply to
``such other actions as the Administrator may determine''). These are
amendments to existing regulations and affect emitters and suppliers of
fluorinated GHGs. Regulated categories and examples of affected
entities include those listed in Table 1 of this preamble.

Table 1--Examples of Affected Entities by Category
------------------------------------------------------------------------
Examples of affected
Category NAICS facilities
------------------------------------------------------------------------
Electrical Equipment Use....... 221121 Electric bulk power
transmission and
control facilities.
Electrical Equipment 33531 Power transmission and
Manufacture or Refurbishment. distribution
switchgear and
specialty transformers
manufacturing
facilities.
Electronics Manufacturing...... 334111 Microcomputers
manufacturing
facilities.
334413 Semiconductor,
photovoltaic (solid-
state) device
manufacturing
facilities.
334419 Liquid crystal display
unit screens
manufacturing
facilities.
334419 Micro-electro-
mechanical systems
manufacturing
facilities.
Fluorinated Gas Production..... 325120 Industrial gases
manufacturing
facilities.
Importers and Exporters of Pre- 423730 Air-conditioning
charged Equipment and Closed- 333415 equipment (except room
Cell Foams. units) merchant
wholesalers.
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 provides a guide for readers regarding facilities likely to be
affected by this action. Types of facilities different from those
listed in the table could also be subject to reporting requirements. To
determine whether you are affected by this action, you should carefully
examine the applicability criteria found in 40 CFR part 98, subpart A
or the relevant criteria in subparts I, L, T, DD,

[[Page 73751]]

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.
What is the effective date? The final rule is effective on January
1, 2015. Section 553(d) of the Administrative Procedure Act (APA), 5
U.S.C. Chapter 5, generally provides that rules may not take effect
earlier than 30 days after they are published in the Federal Register.
EPA is issuing this final rule under section 307(d)(1) of the Clean Air
Act, which states: ``The provisions of section 553 through 557 * * * of
Title 5 shall not, except as expressly provided in this section, apply
to actions to which this subsection applies.'' Thus, section 553(d) of
the APA does not apply to this rule. EPA is nevertheless acting
consistently with the purposes underlying APA section 553(d) in making
this rule effective on January 1, 2015. Section 5 U.S.C. 553(d)(3)
allows an effective date less than 30 days after publication ``as
otherwise provided by the agency for good cause found and published
with the rule.'' As explained below, EPA finds that there is good cause
for this rule to become effective on January 1, 2015, even though this
may result in an effective date fewer than 30 days from date of
publication in the Federal Register.
While this action is being signed prior to December 1, 2014, there
is likely to be a significant delay in the publication of this rule as
it contains complex equations and tables and is relatively long. As an
example, then-Acting Administrator Bob Perciasepe signed the proposed
2013 Revisions Rule on March 8, 2013, but the proposed rule was not
published in the Federal Register until April 2, 2013.
The purpose of the 30-day waiting period prescribed in 5 U.S.C.
553(d) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. To employ the
5 U.S.C. 553(d)(3) ``good cause'' exemption, an agency must ``balance
the necessity for immediate implementation against principles of
fundamental fairness which require that all affected persons be
afforded a reasonable amount of time to prepare for the effective date
of its ruling.'' \1\ Where, as here, the final rule will be signed and
made available on the EPA Web site more than 30 days before the
effective date, but where the publication is likely to be delayed due
to the complexity and length of the rule, the regulated entities are
afforded this reasonable amount of time. This is particularly true
given that most of the revisions being made in this package provide
flexibilities to sources covered by the reporting rule or require no
additional action by affected sources. We do not anticipate that
finalizing the GWPs in this action will expand the set of facilities
required to report under the Greenhouse Gas Reporting rule. However, in
the event that this occurs, these amendments include flexibility
provisions such as Best Available Monitoring Methods. We balance these
circumstances with the need for the amendments to be effective by
January 1, 2015; a delayed effective date would result in regulatory
uncertainty, program disruption, and an inability to have the
amendments (many of which clarify requirements, relieve burden, and/or
are made at the request of the regulated facilities) effective for the
2015 reporting year. Accordingly, we find good cause exists to make
this rule effective on January 1, 2015, consistent with the purposes of
5 U.S.C. 553(d)(3).
---------------------------------------------------------------------------

\1\ Omnipoint Corp. v. FCC, 78 F3d 620, 630 (D.C. Cir. 1996),
quoting U.S. v. Gavrilovic, 551 F.2d 1099, 1105 (8th Cir. 1977).
---------------------------------------------------------------------------

Judicial Review. Under CAA section 307(b)(1), judicial review of
this final rule is available only by filing a petition for review in
the U.S. Court of Appeals for the District of Columbia Circuit (the
Court) by February 9, 2015. Under CAA section 307(d)(7)(B), only an
objection to this final rule that was raised with reasonable
specificity during the period for public comment can be raised during
judicial review. Section 307(d)(7)(B) of the CAA also provides a
mechanism for the EPA to convene a proceeding for reconsideration,
``[i]f the person raising an objection can demonstrate to EPA that it
was impracticable to raise such objection within [the period for public
comment] or if the grounds for such objection arose after the period
for public comment (but within the time specified for judicial review)
and if such objection is of central relevance to the outcome of the
rule.'' Any person seeking to make such a demonstration to us should
submit a Petition for Reconsideration to the Office of the
Administrator, Environmental Protection Agency, Room 3000, EPA WJC West
Building, 1200 Pennsylvania Ave. NW., Washington, DC 20460, with a copy
to the person listed in the preceding FOR FURTHER INFORMATION CONTACT
section, and the Associate General Counsel for the Air and Radiation
Law Office, Office of General Counsel (Mail Code 2344A), Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20004.
Note that under CAA section 307(b)(2), the requirements established by
this final rule may not be challenged separately in any civil or
criminal proceedings brought by the EPA to enforce these requirements.
Acronyms and Abbreviations. The following acronyms and
abbreviations are used in this document.

APA Administrative Procedure Act
AR4 IPCC Fourth Assessment Report
AR5 IPCC Fifth Assessment Report
CAA Clean Air Act
CBI confidential business information
CFC chlorofluorocarbon
CFR Code of Federal Regulations
CH4 methane
CO2 carbon dioxide
CO2e carbon dioxide equivalent
DE destruction efficiency
EAR Export Administration Regulations
EF emission factor
ECF emission calculation factor
e-GGRT Electronic Greenhouse Gas Reporting Tool
EPA U.S. Environmental Protection Agency
FR Federal Register
F-GHG fluorinated greenhouse gas
F-HTF fluorinated heat transfer fluid
GHG greenhouse gas
GHGRP Greenhouse Gas Reporting Program
GWP global warming potential
HCFC hydrochlorofluorocarbon
HCFE hydrochlorofluoroether
HFC hydrofluorocarbon
HFE hydrofluoroether
HQ Headquarters
IPCC Intergovernmental Panel on Climate Change
Kg kilograms
Mscf thousand standard cubic feet
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 of 1995
OMB Office of Management and Budget
PFC perfluorocarbon
RFA Regulatory Flexibility Act
RY reporting year
SAR Second Assessment Report
SF6 sulfur hexafluoride
TAR Third Assessment Report
TPY tons per year
UMRA Unfunded Mandates Reform Act of 1995
UNFCCC United Nations Framework Convention on Climate Change
U.S. United States
WWW Worldwide Web

Organization of This Document. The following outline is provided to
aid in locating information in this preamble.

I. Background
A. How is this preamble organized?
B. Overview of Previously Proposed Actions Being Finalized in
This Final Rule
C. Background on the GHG Reporting Rule
D. Legal Authority
E. Summary of Final Amendments
F. When will these amendments apply?
G. Relationship Between This Final Rule, the Proposed Rule To
Add GWPs to

[[Page 73752]]

Table A-1, and the Proposed Amendments to Subpart L
H. How will these amendments affect confidentiality
determinations?
II. Overview of Final Amendments and Responses to Public Comments
A. Amendments to Table A-1
B. Amendments to Subpart L Reporting Requirements
C. Removal of the Mass-Balance Method From Subpart L
D. Clarification of the Subpart L Emission Factor Method
III. Overview and Approach to Final CBI Determinations
A. Final Confidentiality Determinations for New, Revised, and
Unchanged Data Elements
B. Public Comments on the Proposed Confidentiality
Determinations and Responses to Public Comment
IV. Impacts of the Final Rule
A. How were the costs of this final rule estimated?
B. Do the final confidentiality determinations change the
impacts of the final amendments?
V. 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
K. Congressional Review Act

I. Background

A. How is this preamble organized?

The first section of this preamble contains an overview of the
previously proposed actions being finalized by today's final rule,
background information regarding the Greenhouse Gas Reporting Program
(GHGRP), an overview of the final amendments, information on when the
amendments become effective, how this rule affects confidentiality
determinations, and how this rule relates to other GHG reporting
actions. This section also discusses the EPA's use of our legal
authority under the CAA to collect data under the Greenhouse Gas
Reporting Rule, hereinafter referred to as the ``GHG Reporting Rule''
or ``Part 98.''
The second section of this preamble is organized by the provisions
being amended (e.g., addition of chemical-specific and default GWPs to
the general provisions, emission reporting requirements for fluorinated
gas production, etc.). For each set of provisions, the preamble
describes the amendments that are being finalized, summarizes the
changes since the proposed rule(s), summarizes the significant public
comments received, and presents the EPA's response to those comments.
Additional comments and responses can be found in the document,
``Response to Public Comments on Proposed Addition of GWPs to Subpart A
and Proposed Amendments to Subpart L'' in Docket number EPA-HQ-OAR-
2009-0927.
The third section of this preamble discusses the confidentiality
determinations for the data reporting elements in subpart L as amended
by today's action.
The fourth section of this preamble discusses the economic impacts
of the amendments.
Finally, the fifth section of this preamble discusses the various
statutory and executive order requirements applicable to this action.

B. Overview of Previously Proposed Actions Being Finalized in This
Final Rule

In today's final rule, we are finalizing amendments and
determinations proposed in four separate previous actions. The
amendments and determinations that we are finalizing from three of
these actions are specifically related to Fluorinated Gas Production
(subpart L). The four actions include, in chronological order:
The proposed rule entitled ``Proposed Confidentiality
Determinations for Data Elements Under the Mandatory Reporting of
Greenhouse Gases Rule'' (hereinafter referred to as ``2012 Proposed
Confidentiality Determinations''), published on January 10, 2012 (77 FR
1434). As discussed further in Section III of this preamble, we are
finalizing many of the confidentiality determinations that were
proposed in that action for the subpart L data elements that are not
being removed or substantially revised elsewhere in this action.
The proposed rule entitled ``Revisions to Reporting and
Recordkeeping Requirements, and Proposed Confidentiality Determinations
Under the Greenhouse Gas Reporting Program'' (hereinafter referred to
as the ``Proposed Inputs Rule''), published on September 11, 2013 (78
FR 55994). We are finalizing the revisions proposed in that action to
the subpart L reporting and recordkeeping requirements, with certain
changes as discussed in Section II.B of this preamble.
The proposed rule entitled ``Greenhouse Gas Reporting
Program: Amendments and Confidentiality Determinations for Fluorinated
Gas Production'' (hereinafter referred to as ``Proposed Amendments to
Subpart L''), published on November 19, 2013 (78 FR 69337). We are
finalizing that action, including the proposed confidentiality
determinations for new or substantially revised data elements, with
certain changes as discussed in Sections II.B and III of this preamble.
The proposed rule entitled ``Greenhouse Gas Reporting
Program: Addition of Global Warming Potentials'' (hereinafter referred
to as ``Proposed Rule to Add GWPs''), published on July 31, 2014 (79 FR
44332). We are finalizing that action with certain changes as discussed
in Section II.A of this preamble.

More background on the proposed amendments and determinations is
provided in Sections I.C and III of this preamble.

C. Background on the GHG Reporting Rule

Part 98 was initially 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. A
subsequent document finalizing reporting requirements for Fluorinated
Gas Production was published on December 1, 2010 (75 FR 74774). (The
final rule published on December 1, 2010 is hereinafter referred to as
the ``2010 Subpart L Rule'').
1. Background on Addition of GWPs to Subpart A
Table A-1 to subpart A of 40 CFR part 98 (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 GHG 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 document
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

[[Page 73753]]

scientific literature are periodically consolidated and published by
the Intergovernmental Panel on Climate Change (IPCC). The initial Table
A-1 finalized in the 2009 GHG 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 \2\ (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.) \3\ The IPCC recently published the Fifth Assessment
Report (AR5), which contains GWPs for a number of fluorinated GHGs that
were not included in either SAR or AR4.\4\
---------------------------------------------------------------------------

\2\ 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.
\3\ 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.
\4\ 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 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\ These supplies, and a large
fraction of these emissions, have been 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 have been required to report CO2e only for
fluorinated GHGs listed in Table A-1. Subpart I included a default
GWP of 2,000 for purposes of various calculations (but not
reporting). Subpart L included default GWPs of 2,000 and 10,000 for
purposes of both calculations and reporting.
---------------------------------------------------------------------------

As discussed in the Proposed Rule to Add 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 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''). 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 actions 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.
---------------------------------------------------------------------------

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\ On November 19, 2013, we published
the Proposed Amendments to Subpart L, including a proposed 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. The
proposed set of five default GWPs was intended to replace the current
set of two default GWPs in subpart L (discussed further in Section
I.C.2 of this preamble) that are applied to fluorinated GHGs that are
not included in Table A-1, increasing the precision and accuracy of
calculated CO2e emissions. We requested and received
comments on the GWP-related information made available by the NODA and
on the proposed fluorinated GHG groups and associated default GWPs
included in the Proposed Amendments to Subpart L.
---------------------------------------------------------------------------

\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 July 31, 2014, after considering the public comments on all of
the actions described above, we published the Proposed Rule to Add
GWPs, in which we proposed to amend Table A-1 to add chemical-specific
and default GWPs. The 103 proposed chemical-specific GWPs were
primarily drawn from the Fifth Assessment Report (AR5). The eight
proposed default GWPs were intended for fluorinated GHGs and
fluorinated HTFs for which peer-reviewed GWPs are not available in AR4,
AR5, or other sources, and they were calculated and applied based on
fluorinated GHG group. Each fluorinated GHG group was composed of
compounds with similar chemical structures, which have similar
atmospheric lifetimes and GWPs.
The Proposed Rule to Add GWPs reflected our efforts to weigh
multiple considerations in updating the set of GWPs used under the
GHGRP, including 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. In the
proposed rule, we weighed 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.
The EPA is finalizing the addition of both chemical-specific and
default GWPs in this action, with certain changes following
consideration of comments submitted. Responses to significant comments
submitted on the proposed addition can be found in Section II of this
preamble.
2. Background on Amendments to Subpart L
On January 10, 2012, the EPA published proposed determinations
regarding whether the GHGRP data elements in eight subparts of Part 98,
including subpart L, would or would not be entitled to confidential
treatment under the CAA (77 FR 1434). In that proposed rule, the EPA
proposed that the chemical identities and quantities of the fluorinated
GHG emissions at the

[[Page 73754]]

process level, reported under subpart L, are ``emission data.'' Under
section 114(c) of the CAA, ``emission data'' are not eligible for
confidential treatment and must be made publicly available.
The EPA received two comments on that proposed rule related to
subpart L. The two commenters raised concerns that the disclosure of
the identity and quantities of the fluorinated GHGs emitted at the
process level, from either process vents or fugitive sources, would
reveal ``trade secrets'' regarding individual chemical production
processes. In response to these comments, the EPA promulgated two sets
of amendments that deferred full subpart L reporting until March, 2015,
and established temporary, less detailed reporting requirements for
reporting years (RYs) 2011, 2012, and 2013 (77 FR 51477, August 24,
2012, and 78 FR 71904, November 29, 2013). This was intended to allow
the EPA additional time to evaluate the concerns raised by the
commenters and to consider how the rule might be changed to balance
these concerns with the EPA's need to obtain the data necessary to
inform the development of future GHG policies and programs. The
temporary provisions required facilities to report total fluorinated
GHG emissions at the facility level in tons of CO2e and, to
enable such reporting for fluorinated GHGs that did not have GWPs on
Table A-1, established two default GWPs.
On November 19, 2013, the EPA published the Proposed Amendments to
Subpart L. In addition to the five default GWPs discussed in Section
I.C.1 of this preamble, the proposed amendments included revisions to
the reporting requirements of subpart L to allow more aggregated
reporting (as compared to the 2010 Subpart L rule) to address potential
disclosure concerns; removal of the option to use the mass-balance
approach; clarification of the emission factor approach; and various
technical corrections. The EPA is finalizing those amendments in this
action, with certain changes following consideration of comments
submitted. Responses to significant comments submitted on the proposed
amendments can be found in Section II of this preamble.
On September 11, 2013 (78 FR 55994), the EPA published the Proposed
Inputs Rule, in which we proposed amendments to the recordkeeping and
reporting provisions of Part 98, including an alternative verification
approach, to address the inputs to emission equations for which
disclosure concerns were identified. The Proposed Inputs Rule included
proposed revisions to the reporting and recordkeeping provisions of
subpart L. On October 24, 2014, the EPA issued the Final Inputs Rule
(79 FR 63750). In that rule, the EPA did not take final action on the
subpart L inputs to emission equations but expressed its intent to
address those inputs in a separate rulemaking (79 FR 63754). We are
finalizing in this action various proposals, including the above-
mentioned proposed revisions to subpart L inputs to emission equations
(with certain changes discussed in Section II of this preamble), to
consolidate all of the revisions to subpart L that are related to
disclosure concerns. As described in the Proposed Inputs Rule (78 FR
55994), we evaluated the data elements for which reporting was deferred
to 2015. Our evaluation involved a four-step process. The results of
the final evaluation are documented in the four following memoranda
available in the EPA's Docket ID No. EPA-HQ-OAR-2010-0929:
``Summary of Data Collected to Support Determination of
Public Availability of Inputs to Emission Equations for which Reporting
was Deferred to March 31, 2015,'' September 2014.
``Final Evaluation of Competitive Harm from Disclosure of
`Inputs to Equations' Data Elements Deferred to March 31, 2015,''
September 2014.
``Evaluation of Alternative Calculation Methods,'' August
2013.
``Evaluation of Alternative Verification Approaches For
Greenhouse Gas Reporting Rule Subparts for which Reporting of Inputs to
Emission Equations was Deferred to March 31, 2015,'' August 2013.

D. Legal Authority

The EPA is finalizing these rule amendments under its existing CAA
authority provided in CAA section 114. As stated in the preamble to the
2009 final GHG reporting rule (74 FR 56260, October 30, 2009), CAA
section 114(a)(1) provides the EPA broad authority to require the
information required to be gathered by this rule because such data
inform and are relevant to the EPA's carrying out a wide variety of CAA
provisions. See the preambles to the proposed (74 FR 16448, April 10,
2009) and final Part 98 (74 FR 56260) for further information.
In addition, the EPA is finalizing confidentiality determinations
for certain data elements required under the GHG Reporting Rule under
its authorities provided in sections 114, 301, and 307 of the CAA. As
mentioned above, CAA section 114 provides the EPA authority to collect
the information in Part 98. Section 114(c) requires that the EPA make
publicly available information obtained under section 114 except for
information that is not emission data and that qualifies for
confidential treatment. The Administrator has determined that this
final rule is subject to the provisions of section 307(d) of the CAA.

E. Summary of Final Amendments

The EPA is amending the General Provisions of the Greenhouse Gas
Reporting Rule as well as certain provisions of that rule that affect
Fluorinated Gas Production facilities. The final amendments include the
following changes:
Changes to the General Provisions (subpart A) and
Conforming Changes to Electronics Manufacturing (subpart I) and
Fluorinated Gas Production (subpart L):

--Revision of Table A-1 to subpart A of 40 CFR part 98 (Table A-1), the
compendium of GWPs used to calculate CO2e under the GHGRP,
to add chemical-specific GWPs for approximately 100 fluorinated GHGs.
The chemical-specific GWPs are primarily drawn from AR5.
--Revision of Table A-1 to add default GWPs for fluorinated GHGs and
fluorinated HTFs for which peer-reviewed GWPs are not available. These
default GWPs are calculated and assigned based on fluorinated GHG group
and are based on the chemical-specific GWPs for the compounds in Table
A-1 as revised by this rule, that is, on a combination of AR4 and AR5
GWPs.
--Conforming changes to subparts I and L, which previously included
their own default GWPs for purposes of certain CO2e
calculations.

Changes to Fluorinated Gas Production (subpart L):

--Revision of the reporting requirements of subpart L to allow more
aggregated reporting as compared to the 2010 Subpart L rule to address
potential disclosure concerns (see Section II.B.1 of this preamble).
--Addition of a requirement to use an EPA-provided inputs verification
tool (IVT) for certain inputs to subpart L emission equations for which
reporting was deferred to 2015 and for which disclosure concerns have
been identified.
--Removal of the requirement to report certain inputs to subpart L
emission equations for which reporting was deferred to 2015 and for
which disclosure concerns have been identified. (This includes the
revising of Table A-7 in Subpart A.)
--Removal of the requirement to report certain inputs to subpart L
emission

[[Page 73755]]

equations for which reporting was deferred to 2015 due to their not
being useful for data verification or informing future GHG policy
development in the absence of other deferred inputs for which the
reporting requirements are being removed.
--Removal of the option to use the mass-balance approach.
--Clarification of the emission factor approach.
--Various technical corrections.

F. When will these amendments apply?

Amendments to Table A-1. The amendments to Table A-1 apply to
reporting that occurs in calendar year 2015 and subsequent years. For
all subparts except subpart L, discussed below, this is limited to the
reporting of data gathered in 2014 (i.e., RY 2014) and future years.\9\
---------------------------------------------------------------------------

\9\ With the exception of subpart L, we are not requiring or
allowing reporters to submit revised certified reports for RYs 2010,
2011, 2012, or 2013 with CO2e values calculated using the
revised GWPs. This is the same approach as we adopted in the final
Revisions Rule (78 FR 71939).
---------------------------------------------------------------------------

Subpart L. With one exception, discussed below, the amendments
apply to reporting under 40 CFR part 98, subpart L (subpart L) that
occurs in calendar year 2015 and subsequent years. This includes
reporting of information for RY 2014 and subsequent reporting years
(i.e., information related to emissions that occur in 2014 and
subsequent years). It also includes reporting of certain information
for RYs 2011, 2012, and 2013. We previously deferred full reporting for
RYs 2011 and 2012 under the rule titled ``2012 Technical Corrections,
Clarifying and Other Amendments to the Greenhouse Gas Reporting Rule,
and Confidentiality Determinations for Certain Data Elements of the
Fluorinated Gas Source Category'' (77 FR 51477; August 24, 2012). We
deferred full reporting for RY 2013 under the Final 2013 Revisions
Rule.
Under today's final action, the requirement to enter inputs to
subpart L emission equations into IVT applies to RY 2015 and all
subsequent reporting years. As discussed further in Section II.B.1 of
this preamble, starting with RY 2015 (which is required to be reported
by March 31, 2016) will allow the EPA to develop a subpart L IVT module
that integrates the subpart L reporting requirements being finalized in
this action.

G. Relationship Between This Final Rule, the Proposed Rule To Add GWPs
to Table A-1, and the Proposed Amendments to Subpart L

This rule is finalizing both the Proposed Rule to Add GWPs to Table
A-1 and the Proposed Amendments to Subpart L. As discussed in the
Proposed Rule to Add GWPs, the default GWPs that are being finalized in
this action will apply across Part 98, including to subpart L. Thus,
subpart L will no longer include its own default GWPs. This will
simplify subpart L and ensure future as well as current consistency
among the default GWPs applied across Part 98.

H. How will these amendments affect confidentiality determinations?

In this action, we are finalizing confidentiality determinations
for certain subpart L data elements. The EPA proposed confidentiality
determinations for the subpart L data elements (77 FR 1434, January 10,
2012), and then proposed additional confidentiality determinations for
new or substantially revised subpart L data elements (78 FR 69337,
November 19, 2013). The final confidentiality determinations for these
data elements together with our rationale are discussed in detail in
Section III.A of this preamble. For four of the existing data elements,
we are not finalizing confidentiality determinations for the reasons
discussed in Section III.A. In addition, as with inputs to emission
equations in other Part 98 subparts, we are not finalizing
confidentiality determinations for any subpart L inputs to emission
equations data. Lastly, the amendments remove certain other existing
subpart L reporting requirements, while continuing to require that
records be kept of these elements. Because the EPA is finalizing the
removal of these data elements, the EPA is not taking final action on
the previously proposed confidentiality determinations for the removed
data elements.

II. Overview of Final Amendments and Responses to Public Comments

A. Amendments to Table A-1

1. Summary of Final Amendments to Table A-1
As proposed, we are amending Table A-1 to subpart A of Part 98 to
add chemical-specific and default GWPs. We are adding peer-reviewed,
chemical-specific GWPs for the 98 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 adopting the GWPs
provided for 97 of these 98 compounds in Table 8.A.1 of AR5.\10\
---------------------------------------------------------------------------

\10\ For one compound, CF3I, which was inadvertently
excluded from Table A-1 previously, we are adding an AR4 GWP as
proposed.

Table 2--Chemical-Specific GWPs for Addition to Table A-1
----------------------------------------------------------------------------------------------------------------
AR5 GWP (100-
Common or trade name Chemical name(s) CAS No. Chemical formula year)
----------------------------------------------------------------------------------------------------------------
Saturated HFCs
----------------------------------------------------------------------------------------------------------------
Saturated HFCs with two or fewer carbon-hydrogen bonds
----------------------------------------------------------------------------------------------------------------
HFC-227ca................... 1,1,1,2,2,3,3- 2252-84-8 CF3CF2CHF2 2640
Heptafluoropropane.
HFC-329p.................... 1,1,1,2,2,3,3,4,4- 375-17-7 CHF2CF2CF2CF3 2360
Nonafluorobutane.
----------------------------------------------------------------------------------------------------------------
Saturated HFCs with three or more carbon-hydrogen bonds
----------------------------------------------------------------------------------------------------------------
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- 421-07-8 CH3CH2CF3 76
Trifluoropropane.
HFC-272ca................... 2,2-Difluoropropane. 420-45-1 CH3CF2CH3 144
----------------------------------------------------------------------------------------------------------------
Saturated PFCs
----------------------------------------------------------------------------------------------------------------
PFC-6-1-12.................. Hexadecafluoroheptan 335-57-9 C7F16; CF3(CF2)5CF3 7820
e.

[[Page 73756]]

PFC-7-1-18.................. Octadecafluorooctane 307-34-6 C8F18; CF3(CF2)6CF3 7620
Perfluorodecalin 60433-11-6 Z-C10F18 7240
(cis). 60433-12-7 E-C10F18 6290
Perfluorodecalin
(trans).
----------------------------------------------------------------------------------------------------------------
Saturated HFEs
----------------------------------------------------------------------------------------------------------------
Saturated HFEs and HCFEs with one carbon-hydrogen bond
----------------------------------------------------------------------------------------------------------------
HFE-329me3.................. 1,1,1,2,3,3- 428454-68-6 CF3CFHCF2OCF3 4550
Hexafluoro-3-
(trifluoromethoxy)p
ropane.
1,1,1,2,2,3,3- 3330-15-2 CF3CF2CF2OCHFCF3 6490
Heptafluoro-3-
(1,2,2,2-
tetrafluoroethoxy)-
propane.
----------------------------------------------------------------------------------------------------------------
Saturated HFEs and HCFEs with two carbon-hydrogen bonds
----------------------------------------------------------------------------------------------------------------
HFE-236ca................... 1-(Difluoromethoxy)- 32778-11-3 CHF2OCF2CHF2 4240
1,1,2,2-
tetrafluoroethane.
HCFE-235ca2; enflurane...... 2-Chloro-1- 13838-16-9 CHF2OCF2CHFCl 583
(difluoromethoxy)-
1,1,2-
trifluoroethane.
HG-02....................... 1-(Difluoromethoxy)- 205367-61-9 HF2C-(OCF2CF2)2-OCF2H 3825
2-(2-
(difluoromethoxy)-
1,1,2,2-
tetrafluoroethoxy)-
1,1,2,2-
tetrafluoroethane.
HG-03....................... 1,1,3,3,4,4,6,6,7,7, 173350-37-3 HF2C-(OCF2CF2)3-OCF2H 3670
9,9,10,10,12,12-
Hexadecafluoro-
2,5,8,11-
tetraoxadodecane.
HG-20....................... (Difluoromethoxy)((d 249932-25-0 HF2C-(OCF2)2-OCF2H 5300
ifluoromethoxy)difl
uoromethoxy)
difluoromethane.
HG-21....................... 1,1,3,3,5,5,7,7,8,8, 249932-26-1 HF2C-OCF2CF2OCF2OCF2O-CF2H 3890
10,10-Dodecafluoro-
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.
1,1,3,3,4,4,6,6,7,7, 173350-38-4 HCF2O(CF2CF2O)4CF2H 3630
9,9,10,10,12,12,13,
13,15,15-
eicosafluoro-
2,5,8,11,14-
Pentaoxapentadecane.
1,1,2-Trifluoro-2- 84011-06-3 CHF2CHFOCF3 1240
(trifluoromethoxy)-
ethane.
Trifluoro(fluorometh 2261-01-0 CH2FOCF3 751
oxy)methane.
----------------------------------------------------------------------------------------------------------------
Saturated HFEs and HCFEs with three or more carbon-hydrogen bonds
----------------------------------------------------------------------------------------------------------------
HFE-263m1; R-E-143a......... 1,1,2,2-Tetrafluoro- 690-22-2 CF3OCH2CH3 29
1-
(trifluoromethoxy)e
thane.
HFE-347mmz1; Sevoflurane.... 2-(Difluoromethoxy)- 28523-86-6 (CF3)2CHOCH2F 216
1,1,1,3,3,3-
hexafluoropropane.
HFE-365mcf2................. 1-Ethoxy-1,1,2,2,2- 22052-81-9 CF3CF2OCH2CH3 58
pentafluoroethane.
HFE-356mff2................. bis(2,2,2- 333-36-8 CF3CH2OCH2CF3 17
trifluoroethylTrifl
uoroethyl) ether.
HG'-01...................... 1,1,2,2-Tetrafluoro- 73287-23-7 CH3OCF2CF2OCH3 222
1,2-dimethoxyethane.
HG'-02...................... 1,1,2,2-Tetrafluoro- 485399-46-0 CH3O(CF2CF2O)2CH3 236
1-methoxy-2-
(1,1,2,2-
tetrafluoro-2-
methoxyethoxy)ethan
e.
HG'-03...................... 3,3,4,4,6,6,7,7,9,9, 485399-48-2 CH3O(CF2CF2O)3CH3 221
10,10-Dodecafluoro-
2,5,8,11-
tetraoxadodecane.
Difluoro(methoxy)met 359-15-9 CH3OCHF2 144
hane.
2-Chloro-1,1,2- 425-87-6 CH3OCF2CHFCl 122
trifluoro-1-
methoxyethane.
1-Ethoxy- 22052-86-4 CF3CF2CF2OCH2CH3 61
1,1,2,2,3,3,3-
heptafluoropropane.
2-Ethoxy-3,3,4,4,5- 920979-28-8 C12H5F19O2 56
pentafluorotetrahyd
ro-2,5-bis[1,2,2,2-
tetrafluoro-1-
(trifluoromethyl)et
hyl]-furan.
1-Ethoxy-1,1,2,3,3,3- 380-34-7 CF3CHFCF2OCH2CH3 23
hexafluoropropane.
Fluoro(methoxy)metha 460-22-0 CH3OCH2F 13
ne.
1,1,2,2-Tetrafluoro- 60598-17-6 CHF2CF2CH2OCH3 0.49
3-methoxy-propane;
Methyl 2,2,3,3-
tetrafluoropropyl
ether.
1,1,2,2-Tetrafluoro- 37031-31-5 CH2FOCF2CF2H 871
1-
(fluoromethoxy)etha
ne.
Difluoro(fluorometho 461-63-2 CH2FOCHF2 617
xy)methane.
Fluoro(fluoromethoxy 462-51-1 CH2FOCH2F 130
)methane.
----------------------------------------------------------------------------------------------------------------
Fluorinated formates
----------------------------------------------------------------------------------------------------------------
Trifluoromethyl 85358-65-2 HCOOCF3 588
formate.
Perfluoroethyl 313064-40-3 HCOOCF2CF3 580
formate.
1,2,2,2- 481631-19-0 HCOOCHFCF3 470
Tetrafluoroethyl
formate.
Perfluorobutyl 197218-56-7 HCOOCF2CF2CF2CF3 392
formate.
Perfluoropropyl 271257-42-2 HCOOCF2CF2CF3 376
formate.
1,1,1,3,3,3- 856766-70-6 HCOOCH(CF3)2 333
Hexafluoropropan-2-
yl formate.
2,2,2-Trifluoroethyl 32042-38-9 HCOOCH2CF3 33
formate.
3,3,3- 1344118-09-7 HCOOCH2CH2CF3 17
Trifluoropropyl
formate.
----------------------------------------------------------------------------------------------------------------
Fluorinated acetates
----------------------------------------------------------------------------------------------------------------
Methyl 2,2,2- 431-47-0 CF3COOCH3 52
trifluoroacetate.
1,1-Difluoroethyl 1344118-13-3 CF3COOCF2CH3 31
2,2,2-
trifluoroacetate.
Difluoromethyl 2,2,2- 2024-86-4 CF3COOCHF2 27
trifluoroacetate.
2,2,2-Trifluoroethyl 407-38-5 CF3COOCH2CF3 7
2,2,2-
trifluoroacetate.
Methyl 2,2- 433-53-4 HCF2COOCH3 3
difluoroacetate.
Perfluoroethyl 343269-97-6 CH3COOCF2CF3 2.1
acetate.
Trifluoromethyl 74123-20-9 CH3COOCF3 2.0
acetate.
Perfluoropropyl 1344118-10-0 CH3COOCF2CF2CF3 1.8
acetate.
Perfluorobutyl 209597-28-4 CH3COOCF2CF2CF2CF3 1.6
acetate.
Ethyl 2,2,2- 383-63-1 CF3COOCH2CH3 1.3
trifluoroacetate.
----------------------------------------------------------------------------------------------------------------
Carbonofluoridates
----------------------------------------------------------------------------------------------------------------
Methyl 1538-06-3 FCOOCH3 95
carbonofluoridate.

[[Page 73757]]

1,1-Difluoroethyl 1344118-11-1 FCOOCF2CH3 27
carbonofluoridate.
----------------------------------------------------------------------------------------------------------------
Fluorinated alcohols other than fluorotelomer alcohols
----------------------------------------------------------------------------------------------------------------
2,2,3,3,4,4,4- 375-01-9 C3F7CH2OH 25
Heptafluorobutan-1-
ol.
2,2,2- 75-89-8 CF3CH2OH 20
Trifluoroethanol.
2,2,3,4,4,4- 382-31-0 CF3CHFCF2CH2OH 17
Hexafluoro-1-
butanol.
2,2,3,3-Tetrafluoro- 76-37-9 CHF2CF2CH2OH 13
1-propanol.
2,2-Difluoroethanol. 359-13-7 CHF2CH2OH 3
2-Fluoroethanol..... 371-62-0 CH2FCH2OH 1.1
4,4,4-Trifluorobutan- 461-18-7 CF3(CH2)2CH2OH 0.05
1-ol.
----------------------------------------------------------------------------------------------------------------
Unsaturated compounds
----------------------------------------------------------------------------------------------------------------
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.................. Perfluorocyclopenten 559-40-0 c-C5F8 1.97
e;
Octafluorocyclopent
ene.
Perfluorobut-2-ene.. 360-89-4 CF3CF=CFCF3 1.82
Perfluorobut-1-ene.. 357-26-6 CF3CF2CF=CF2 0.10
Perfluorobuta-1,3- 685-63-2 CF2=CFCF=CF2 0.003
diene.
----------------------------------------------------------------------------------------------------------------
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; CHCl=CHCF3 1.34
trifluoroprop-1-ene.
HFC-1234yf; HFO-1234yf...... 2,3,3,3- 754-12-1 C3H2F4; CF3CF=CH2 0.31
Tetrafluoroprop-1-
ene.
HFC-1234ze(E)............... (E)-1,3,3,3- 1645-83-6 C3H2F4; trans-CF3CH=CHF 0.97
Tetrafluoroprop-1-
ene.
HFC-1234ze(Z)............... (Z)-1,3,3,3- 29118-25-0 C3H2F4; cis-CF3CH=CHF; 0.29
Tetrafluoroprop-1- CF3CH=CHF
ene.
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 19430-93-4 C6H3F9, CF3(CF2)3CH=CH2 0.16
ethene (42-U);
3,3,4,4,5,5,6,6,6-
Nonafluorohex-1-ene.
Capstone 62-U............... Perfluorohexyl 25291-17-2 C8H3F13, CF3(CF2)5CH=CH2 0.11
ethene (62-U);
3,3,4,4,5,5,6,6,7,7
,8,8,8-
Tridecafluorooct-1-
ene.
Capstone 82-U............... Perfluorooctyl 21652-58-4 C10H3F17, CF3(CF2)7CH=CH2 0.09
ethene (82-U);
3,3,4,4,5,5,6,6,7,7
,8,8,9,9,10,10,10-
Heptadecafluorodec-
1-ene.
----------------------------------------------------------------------------------------------------------------
Unsaturated Halogenated Ethers
----------------------------------------------------------------------------------------------------------------
PMVE; HFE-216............... Perfluoromethyl 1187-93-5 CF3OCF[ballot]=[ballot]CF2 0.17
vinyl ether (PMVE).
Fluoroxene.................. (2,2,2- 406-90-6 CF3CH2OCH=CH2 0.05
Trifluoroethoxy)eth
ene.
----------------------------------------------------------------------------------------------------------------
Other short-lived compounds
----------------------------------------------------------------------------------------------------------------
Fluorinated 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, 185689-57-0 CF3(CF2)4CH2CH2OH 0.43
7-
Undecafluoroheptan-
1-ol.
3,3,3- 2240-88-2 CF3CH2CH2OH 0.35
Trifluoropropan-1-
ol.
3,3,4,4,5,5,6,6,7,7, 755-02-2 CF3(CF2)6CH2CH2OH 0.33
8,8,9,9,9-
Pentadecafluoronona
n-1-ol.
3,3,4,4,5,5,6,6,7,7, 87017-97-8 CF3(CF2)8CH2CH2OH 0.19
8,8,9,9,10,10,11,11
,11-
Nonadecafluoroundec
an-1-ol.
----------------------------------------------------------------------------------------------------------------
Compounds with carbon-iodine bonds
----------------------------------------------------------------------------------------------------------------
Trifluoroiodomethane 2314-97-8 CF3I \a\ 0.4
----------------------------------------------------------------------------------------------------------------
Other compounds
----------------------------------------------------------------------------------------------------------------
Halon 1202.................. Dibromodifluorometha 75-61-6 CBr2F2 231
ne.
Halon-2311; Halothane....... 2-Bromo-2-chloro- 151-67-7 CHBrClCF3 41
1,1,1-
trifluoroethane.
----------------------------------------------------------------------------------------------------------------
\a\ AR4.

[[Page 73758]]

We are also adding 12 default GWPs to Table A-1 for fluorinated
GHGs and HTFs that do not have peer-reviewed GWPs. As proposed, the
default GWPs are based on the average GWPs of groups of chemically
similar fluorinated GHGs because chemically similar fluorinated GHGs
have similar atmospheric lifetimes and GWPs. The fluorinated GHG groups
are: (1) Fully fluorinated GHGs and HTFs, (2) saturated
hydrofluorocarbons (HFCs) with two or fewer carbon-hydrogen bonds, (3)
saturated HFCs with three or more carbon-hydrogen bonds, (4) saturated
hydrofluoroethers (HFEs) and hydrochlorofluoroethers (HCFEs) with one
carbon-hydrogen bond, (5) saturated HFEs and HCFEs with two carbon-
hydrogen bonds, (6) saturated HFEs and HCFEs with three or more carbon-
hydrogen bonds, (7) fluorinated formates, (8) fluorinated acetates,
carbonofluoridates, and fluorinated alcohols other than fluorotelomer
alcohols, (9) unsaturated perfluorocarbons (PFCs), unsaturated HFCs,
unsaturated hydrochlorofluorocarbons (HCFCs), unsaturated halogenated
ethers, unsaturated halogenated esters, fluorinated aldehydes, and
fluorinated ketones, (10) fluorotelomer alcohols, (11) fluorinated GHGs
with carbon-iodine bonds, and (12) other fluorinated GHGs and HTFs. For
each fluorinated GHG group, we are basing the default GWP on the
average of the chemical-specific GWPs of compounds that belong to that
group and that are either on Table A-1 already or are being added to
Table A-1 under this rule. The fluorinated GHG groups and associated
default GWPs are listed in Table 3 of this preamble. We are also
finalizing a requirement that if a fluorinated GHG does not have a
chemical-specific GWP in Table A-1 of this subpart, reporters must
report the fluorinated GHG group of which that fluorinated GHG is a
member. This will allow the EPA to verify that the calculation of
carbon dioxide equivalent was conducted correctly.
Finally, although we do not anticipate that finalizing the GWPs in
this action will expand the set of facilities required to report under
the GHGRP, we are including special provisions for facilities that
become newly subject to one or more subparts of Part 98 due to the
addition of GWPs, as proposed. Facilities or suppliers that become
newly subject to a subpart due to the addition of GWPs are not required
to report their 2014 emissions or supplies under that subpart, but they
are required to report their 2015 emissions or supplies under that
subpart by March 31, 2016. From January 1, 2015, to March 31, 2015,
they may use best available monitoring methods (BAMM) for any parameter
that cannot reasonably be measured according to the monitoring and QA/
QC requirements of the subpart, and they may submit a request to EPA to
use BAMM beyond March 31. That request must be submitted by January 31,
2015.

Table 3--Default GWPs for Addition to Table A-1
------------------------------------------------------------------------
Fluorinated GHG group GWP (100-year)
------------------------------------------------------------------------
Fully fluorinated GHGs.................................. 10,000
Saturated HFCs with two or fewer carbon-hydrogen bonds.. 3,700
Saturated HFCs with three or more carbon-hydrogen bonds. 930
Saturated HFEs and HCFEs with one carbon-hydrogen bond.. 5,700
Saturated HFEs and HCFEs with two carbon-hydrogen bonds. 2,600
Saturated HFEs and HCFEs with three or more carbon- 270
hydrogen bonds.........................................
Fluorinated formates.................................... 350
Fluorinated acetates, carbonofluoridates, and 30
fluorinated alcohols other than fluorotelomer alcohols.
Unsaturated PFCs, unsaturated HFCs, unsaturated HCFCs, 1
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.................................. 2000
------------------------------------------------------------------------

2. Changes From the Proposed Rule
In the Proposed Rule to Add GWPs, we proposed to add 103 chemical-
specific GWPs and eight default GWPs to Table A-1. The proposed
fluorinated GHG groups for which we proposed default GWPs were: (1)
Fully fluorinated GHGs and HTFs, (2) saturated HFCs, (3) partially
segregated saturated HFEs and HCFEs, (4) non-segregated saturated HFEs
and HCFEs, (5) unsaturated PFCs, unsaturated HFCs, unsaturated HCFCs,
unsaturated halogenated ethers, unsaturated halogenated esters,
fluorinated aldehydes, and fluorinated ketones, (6) fluorotelomer
alcohols, (7) fluorinated GHGs with carbon-iodine bonds, and (8) other
GHGs and HTFs.
The EPA is making minor changes to the proposed chemical-specific
GWPs and is revising the fluorinated GHG groups and associated default
GWPs based on comments. Regarding the chemical-specific GWPs, one
commenter noted that two stereoisomers proposed for addition to Table
A-1 had notation errors (switched E/Z notations); this has been
corrected in the final Table A-1. The same commenter also observed that
the proposed chemical-specific GWPs included some duplicate compounds
with different GWPs. In the final Table A-1, we have removed five
duplicate compounds. Two sets of duplicates resulted from our
inadvertent proposed addition to Table A-1 of a GWP for a chemical that
already had a GWP listed. These included two fluorinated alcohols with
the CAS numbers 422-05-9 and 920-66-1. In these cases, we are retaining
the previously listed GWPs, based on AR4. Three sets of duplicates came
from AR5. These included two HFEs and one fluorinated alcohol with the
CAS numbers 173350-37-3, 205367-61-9, and 375-01-9, respectively. In
these cases, we used the average of the two GWPs, since both values had
appeared in the peer-reviewed literature and had been listed by the AR5
authors. With the removal of the five duplicate chemicals, a total of
98 chemical-specific GWPs are being added to Table A-1.
We are making three changes to the proposed fluorinated GHG groups
and default GWPs. First, we are dividing the group of saturated HFCs
into two groups based on the number of carbon-hydrogen bonds in the
compound. Second, we are dividing the group of saturated HFEs and HCFEs
into three groups based on the number of carbon-hydrogen bonds in the
compound rather than two groups based on the position of the fluorine
atoms in the compound

[[Page 73759]]

(segregated vs. partially segregated). Third, we are dividing the
proposed ``other'' category into three groups: (1) Fluorinated
acetates, carbonofluoridates, and fluorinated alcohols other than
fluorotelomer alcohols, (2) fluorinated formates, and (3) other
fluorinated GHGs and HTFs. We discussed these options (or similar ones,
as described below) in the proposed rule and supporting analyses. We
received one comment supporting the division of the ``other'' category
into three categories and received no negative comments on the other
options. After further consideration, we have concluded that the
advantages identified in the proposed rule of these approaches, which
are discussed further below, merit their adoption. These changes result
in the creation of four additional fluorinated GHG groups and default
GWPs, increasing the total number of default GWPs from eight to 12. As
discussed further below, all of the changes are expected to increase
the accuracy and precision of the default GWPs.
As noted in the Proposed Rule to Add GWPs, the number of carbon-
hydrogen bonds in each saturated HFC and HFE (and HCFE) is
significantly correlated (negatively) with the atmospheric lifetime and
GWP of that compound. For the saturated HFEs, the number of carbon-
hydrogen bonds predicts the GWP more precisely than does the position
of the fluorine atoms in the compound. Moreover, the number of carbon-
hydrogen bonds in each compound is likely to be known, facilitating the
correct categorization and default GWP selection for each saturated HFC
or HFE that does not have a chemical-specific GWP on Table A-1. Thus,
grouping the compounds according to the number of carbon-hydrogen bonds
overcomes the drawback we had identified in previous proposed rules
\11\ to dividing up the saturated HFCs and HFEs (and HCFEs) by
atmospheric lifetime, which is that the atmospheric lifetime of a
particular saturated HFC or HFE may not be known. This enables us to
establish groups of saturated HFCs and HFEs that have similar GWPs and
to set considerably more precise default GWPs for these groups.
---------------------------------------------------------------------------

\11\ In both the Proposed Amendments to Subpart L and the
Proposed Rule to Add GWPs, we requested comment on the option of
dividing the saturated HFCs and saturated HFEs into two or more
groups each based on atmospheric lifetime or a structural
characteristic (such as the number of carbon-hydrogen bonds)
correlated with atmospheric lifetime (78 FR 69343 and 79 FR 44341).
On the Proposed Amendments to Subpart L, we received a comment
recommending that we divide the saturated HFEs into two groups based
on a characteristic correlated with atmospheric lifetime and GWP,
the position of the fluorine atom. We received no negative comments
on the option of dividing the groups into more groups based on
atmospheric lifetime.
---------------------------------------------------------------------------

In the Proposed Rule to Add GWPs, we proposed to define the
``other'' group as including both specific compound types (i.e.,
fluorinated acetates, carbonofluoridates, fluorinated alcohols other
than fluorotelomer alcohols, fluorinated formates, and brominated
compounds) and other compound types not otherwise included in any of
the proposed fluorinated GHG groups. We proposed to set the default GWP
for the group at 110 based on the average of the GWPs that had been
measured for the specific compound types in the group. However, we
requested comment on the option of setting a higher default (2000) to
account for the possibility that newly synthesized compound types
(which would be assigned the default for the ``other'' group) would
have GWPs whose average was near the overall average for fluorinated
GHGs. We noted that the disadvantage of this option was that it would
apply an inappropriately high GWP to the specific compound types
included in the group.
In the supporting analysis for the proposed default GWPs, we
further noted that the fluorinated formates had significantly higher
GWPs than most of the other specific compound types in the ``other''
group. The average GWP for the formates was about 350, while that for
most of the other identified compounds in the group was 20.\12\ (One
other outlier in the group, dibromodifluoromethane (Halon 1202), has a
GWP of 231.) Noting this difference, one commenter on the Proposed Rule
to Add GWPs recommended separating the ``other'' group into three
categories: Those with GWPs less than 20, those with GWPs between 20
and 100, and those with GWPs over 100. In addition, two commenters on
the Proposed Amendments to Subpart L, which had included a similar
grouping and default GWP for ``other'' compounds, had suggested
separating compound types with average GWPs near 10 or 20 into a
separate group.
---------------------------------------------------------------------------

\12\ This value rose to 30 after the removal of the duplicate
compounds, three of which were fluorinated alcohols in the ``other''
group.
---------------------------------------------------------------------------

In the final rule, we are removing all but one of the identified,
specific compound types from the ``other'' category and are separating
them into two groups, each of which is defined to contain specific
compound types.\13\ This approach allows us to set default GWPs that
better reflect the average GWPs of both of the new, smaller groups. A
default GWP of 350 is established for fluorinated formates, while a
default of 30 is established for fluorinated acetates,
carbonofluoridates, and fluorinated alcohols other than fluorotelomer
alcohols. The new default GWPs differ by more than an order of
magnitude, considerably increasing their precision for their respective
groups.
---------------------------------------------------------------------------

\13\ The exception is the fluorinated GHGs that include bromine,
which we are keeping in the ``Other fluorinated GHGs'' category, as
proposed. Although we proposed to group (and are grouping)
fluorinated GHGs that include chlorine with similar fluorinated GHGs
that do not include chlorine (e.g., grouping the HCFEs with the
HFEs), we did not propose to take this approach with bromine-
containing compounds, because their atmospheric behavior can be
significantly different from that of similar fluorinated GHGs that
do not contain bromine. For example, dibromodifluoromethane, which
is a saturated compound consisting of carbon, fluorine, and bromine,
is analogous to fully fluorinated GHGs, but it has a much shorter
atmospheric lifetime and lower GWP than those compounds (231 vs.
10,000). (Other saturated compounds consisting of carbon, fluorine,
and bromine, which are not included on Table A-1 because they are
regulated as ozone-depleting substances under 40 CFR part 82 and are
therefore exempt from the definition of ``fluorinated GHG,'' have
higher GWPs; but their average GWP of 2,400 is still significantly
lower than the average for fully fluorinated GHGs.) 2-bromo-2-
chloro-1,1,1-trifluoroethane, which is a saturated compound
consisting of carbon, fluorine, chlorine, bromine, and hydrogen, is
analogous to HFCs that include two or fewer carbon-hydrogen bonds,
but it has a much shorter atmospheric lifetime and lower GWP than
those compounds (41 vs. 3700). (Dibromodifluoromethane and 2-bromo-
2-chloro-1,1,1-trifluoroethane are the only bromine-containing
fluorinated GHGs with chemical-specific GWPs on Table A-1.)
---------------------------------------------------------------------------

In addition, we are establishing a separate group for fluorinated
GHGs that do not fall into any of the specific fluorinated GHG groups
and are assigning it a default GWP of 2000. This ``catch-all'' group,
which retains the title ``Other fluorinated GHGs and HTFs,'' includes
types of fluorinated GHGs and HTFs whose GWPs have not been studied.
Given the removal of most of the specific, relatively low-GWP compound
types from this group, a default GWP of 2000 is likely to better
estimate the GWPs of the compounds that remain in the group than the
proposed default GWP of 110, which was based on the GWP values for a
small, unrepresentative subset of fluorinated GHGs (i.e., acetates,
fluoridates, fluorinated alcohols other than fluorotelomer alcohols,
and formates). The default of 2000 is based on the average for all
fluorinated GHGs. Where the GWPs of particular fluorinated GHG groups
have not been published in the peer-reviewed literature, it is
reasonable to assume they may fall anywhere on the continuum of GWPs
measured for fluorinated GHGs in general. Based on

[[Page 73760]]

this principle, a default GWP of 2000 is currently used in subpart I
and subpart L for, respectively, any fluorinated GHG whose GWP is not
on Table A-1, and for any fluorinated GHG, other than a fully
fluorinated GHG, whose GWP is not on Table A-1. While the default GWPs
in subparts I and L are now being replaced by the default GWPs in Table
A-1, which reflect more precise information regarding the atmospheric
behavior of a number of fluorinated GHG groups, it is appropriate to
retain the default of 2000 where more precise information is not
available.
3. Summary of Comments and Responses Regarding Proposed Rule To Add
GWPs
Comment: All commenters who expressed an opinion on the addition of
chemical-specific GWPs to Table A-1 supported the addition of most of
the AR5 GWPs that the EPA proposed to add. (As discussed further below,
two commenters objected to the addition of very-low-GWP compounds to
Table A-1.) Several commenters noted that the IPCC Assessment Reports
represent the most widely recognized source of peer-reviewed GWP
values, and that the GWPs in AR5 are the most up-to-date and accurate
of those published in these Reports.
Two commenters advocated the adoption of AR5 GWPs for all of the
compounds in Table A-1, noting that these represented the most recent
and accurate GWP values available. One of these commenters asserted
that the EPA's proposal to use AR5 in most but not all cases is
``internally inconsistent, arbitrary, and irrational,'' stating that
GHGRP data are the basis for many agency analyses and decisions and
that use of the proposed GWP would render agency decisions less
reliable. The commenter noted that the EPA could use other means to
harmonize information with the UNFCCC reporting conventions.
Two other commenters disagreed with the addition to Table A-1 of
compounds with very low GWPs, stating that the proposal would make
them, in one of the commenter's words, subject to ``regulation under
the GHGRP and also potentially under the prevention of significant
deterioration (PSD) and Title V permitting programs.'' The commenters
argued that addition of a large number of low GWP materials to Table A-
1 could substantially increase the reporting burden on U.S.
semiconductor manufacturers without significantly increasing the
accuracy of facility reporting or the Inventory as a whole.
Three of the commenters urged the EPA to modify the definition of
fluorinated GHG to exclude fluorinated compounds with very low GWPs.
They stated that these products were produced in low volumes and
emitted in still lower volumes, meaning that their GWP-weighted
emissions did not justify the significant administrative burden of
reporting them.
Response: The EPA agrees that the AR5 GWPs are the most up-to-date
and accurate available. As proposed, we are adopting AR5 GWPs for
compounds for which AR4 GWPs are not available but are retaining the
AR4 GWPs where they are available. As established in the Revisions Rule
and reiterated in the Proposed Rule to Add GWPs, this is to remain
consistent with UNFCCC reporting, which requires the use of AR4 GWPs
for the GHGs with GWPs listed in AR4, and also with other national and
international GHG analyses, policies, and programs. (For more
discussion of these analyses and programs, see the Revisions Rule at 78
FR 71912-13). It is also consistent with the approach we took in the
original Table A-1, which included GWPs from the SAR where they were
available (consistent with UNFCCC requirements) but also included GWPs
from AR4 for compounds for which SAR GWPs were not available.
The benefits of using the same GWPs as other analyses, policies,
and programs, particularly the Inventory of U.S. Greenhouse Gas
Emissions and Sinks, are discussed at length in the Revisions Rule (78
FR 71911-12). Briefly, they include facilitating more efficient review
and comparison of data collected through the GHGRP and other U.S.
climate programs, reducing the potential errors that may arise when
comparing multiple data sets or converting GHG emissions or supply
based on separate GWPs, and reducing the burden for reporters and
agencies to keep track of separate GWPs when submitting information to
these programs. In the Revisions Rule, we weighed these benefits
against the increase in accuracy that would result from adopting more
recent GWPs to better characterize national GHG emissions and inform
EPA policies. We concluded that, where the choice is between an AR4 GWP
and an AR5 GWP, the potential gain in accuracy does not justify the
loss of consistency with UNFCCC reporting (and associated policy
analysis) that would result.
We are adding the GWPs of very-low-GWP fluorinated GHGs to Table A-
1 as proposed. It is important to note that this does not expand the
set of fluorinated GHGs and HTFs that must be reported under the GHGRP
because that 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. As noted above and in the
Proposed Rule to Add GWPs, semiconductor facilities, as well as other
emitters and suppliers of fluorinated GHGs that do not have GWPs on
Table A-1, are already required to report (and do report) emissions and
supplies, respectively, of these GHGs and HTFs.
Regarding the potential impact on permitting requirements of
including very-low-GWP gases in Table A-1, including these gases is
expected to have negligible impact on permitting requirements. As
explained in the proposal to this rule, the potential impact of these
proposed changes on permitting requirements is narrowed by the U.S.
Supreme Court decision in Utility Air Regulatory Group v. EPA (No. 12-
1146), which found that greenhouse gases cannot be treated as an air
pollutant for purposes of determining whether a source is a major
source required to obtain a PSD or title V permit (79 FR 44344).
As the EPA explained following the Supreme Court decision, the EPA
will no longer require PSD permits at stationary sources if GHGs are
the only pollutant (i) that the source emits or has the potential to
emit above the major source thresholds, or (ii) for which there is a
significant emissions increase and a significant net emissions increase
from a modification, and the EPA will no longer require a source to
obtain a title V permit solely because it emits or has the potential to
emit GHGs above the major source thresholds.\14\ Thus, the EPA will
only apply the permitting requirements to which the commenters
generally refer to GHGs at new and modified sources that trigger
permitting requirements on the basis of their emissions of air
pollutants other than GHGs (also known as ``anyway sources'').
Accordingly, PSD's best available control technology (BACT) requirement
will still apply to GHGs emitted at or above certain thresholds by
anyway sources, and title V permits for anyway sources will need to
incorporate and assure compliance with those BACT limits that remain

[[Page 73761]]

applicable requirements under a PSD permit issued to the source.\15\
---------------------------------------------------------------------------

\14\ Memorandum for Janet G. McCabe and Cynthia Giles to
Regional Administrators, Next Steps and Preliminary Views on the
Application of Clean Air Act Permitting Programs to Greenhouse Gases
Following the Supreme Court's Decision in Utility Air Regulatory
Group v. Environmental Protection Agency (July 24, 2014) (``July 24
Memo''), at 2, available at https://www.epa.gov/nsr/documents/20140724memo.pdf.
\15\ July 24 Memo at 3-5.
---------------------------------------------------------------------------

The revised GWP values will apply to future permitting actions when
determining whether a source required to obtain a PSD permit based on
emissions of pollutants other than GHGs has emissions of GHGs that
exceed the threshold at which BACT applies to emissions of greenhouse
gases from such sources. While some refinements to EPA's regulations
may be forthcoming based on the Supreme Court decision described above,
under regulations that remain applicable at this time, the EPA has
defined greenhouse gases for permitting purposes as the aggregate group
of the following six greenhouse gases: carbon dioxide, nitrous oxide,
methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
See, e.g., 40 CFR 51.166(b)(48)(i). The amount of such emissions is
quantified for permitting purposes by multiplying the mass of each of
these six gases by the associated GWP in Table A-1. 40 CFR
51.166(b)(48)(ii). Any changes to GWP values for substances that are
among the six gases listed above will become a part of the calculation
of CO2e for permitting purposes. In this context, because
the revised GWPs are so low and the magnitude of their emissions in
tons of chemical is not expected to be large, the revisions to table A-
1 in this rule are not expected to have a significant impact on
application of the BACT requirement to GHGs at sources that trigger the
requirement to obtain a permit based on emission of other
pollutants.\16\
---------------------------------------------------------------------------

\16\ The addition of very-low-GWP gases in Table A-1 that are
not among the six listed above does not result in these gases
becoming subject to permitting requirements under the Clean Air Act.
The EPA had made clear that regulations that require monitoring and
reporting of pollutant emissions do not make a pollutant subject to
regulation. See 75 FR 17004, and 40 CFR 52.21(b)(49).
---------------------------------------------------------------------------

Contrary to the generalized concerns of the commenters, we believe
that listing of very-low-GWP gases in Table A-1 will facilitate
informed decision-making regarding the relative climate impacts of
these and other fluorinated GHGs in industrial, commercial, and
household use, while having only a negligible permitting impact. Based
on that information, the EPA may evaluate in the future whether it
would be appropriate to modify the definition of fluorinated greenhouse
gas, which is outside the scope of this rulemaking.
Comment: Three commenters supported the proposed fluorinated GHG
groups and default GWPs for fluorinated GHGs without peer-reviewed
GWPs. One of the commenters noted that the proposed groups and GWPs
reflected comments submitted on the Proposed Amendments to Subpart L,
and two of the commenters agreed that default GWPs based on fluorinated
GHG groups, though possibly less than fully accurate, would lead to
more accurate estimates of atmospheric impacts than would a GWP of
zero.
Two commenters disagreed with the proposed fluorinated GHG groups
and default GWPs. These commenters stated that adding default GWPs to
Table A-1 could have permitting implications and that GWPs that have
not been peer-reviewed are more likely to change significantly, which
may have compliance implications. One of the commenters also asserted
that the fluorinated GHG groups were very broad, and that companies may
need to exert considerable effort to determine which of the materials
used at their facilities fall into which group and therefore trigger
regulatory requirements. The other commenter argued that establishing
default GWPs was inconsistent with the practice of the IPCC and
therefore diverged from accepted international practice. As a result,
U.S. facilities would be subject to a different standard than
competitors elsewhere. This commenter also noted that default GWPs have
not been published in a peer-reviewed scientific journal, which the EPA
acknowledged ``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.''
Response: As proposed, we are adding default GWPs to Table A-1.
These default GWPs will be applied to fluorinated GHGs that do not have
chemical-specific GWPs on Table A-1 (i.e., fluorinated GHGs that did
not have chemical-specific peer-reviewed GWPs available in time for
this rulemaking). This is to ensure that the atmospheric impacts of all
fluorinated GHGs are accounted for in GHGRP calculations and reporting.
The 12 default GWPs have been developed and will be applied based
on fluorinated GHG group. For each fluorinated GHG group, we are basing
the default GWP on the average of the peer-reviewed, chemical-specific
GWPs of compounds that belong to that group and that are either on
Table A-1 or are being added to Table A-1 under this rule. As noted by
several commenters and by us in the proposed rule, the default GWPs are
not expected to be as precise as chemical-specific GWPs, because they
are based on averages for groups that exhibit some variation in their
GWPs (although the groups have been selected to minimize this
variation). Nevertheless, for each fluorinated GHG group, the default
GWP is expected to be a non-biased predictor of the GWPs of fluorinated
GHGs that belong to that group, including fluorinated GHGs that have
not had chemical-specific GWPs published in the peer-reviewed
literature. Importantly, the default GWP is expected to be a better
predictor (and in some cases, a far better predictor) of such GWPs than
zero, which is always an underestimate but is the GWP that has been
used to date when no chemical-specific GWP was on Table A-1. Thus,
adding the default GWPs to Table A-1 will significantly increase the
accuracy of the CO2e emissions that are calculated and
reported under the GHGRP.
As noted in the proposal, the default GWPs will also increase the
stability and predictability of calculated CO2e emissions
from facilities. As chemical-specific GWPs for GHGs are developed, peer
reviewed, and added to Table A-1, the change from each default GWP to
the chemical-specific GWP is likely to be smaller than the change from
zero to the chemical-specific GWP. This will significantly 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.
Furthermore, we do not agree that adding chemical-specific GWPs and
default GWPs at this time, or any future action to change these GWP
values, will have implications for stationary source permitting that
would justify not proceeding with this final action. The potential
implications for permitting fall into two main categories. The first
relates to the prospective triggering of permitting requirements at a
source based on calculations of CO2e using GWP values in
regulations. The second relates to compliance with emissions limits in
previously issued permits that may have limits expressed in the form of
CO2e calculated using the GWP values.
As a general matter and as explained above, the potential impact of
these changes to GWP values on the PSD and title V permit requirements
that might apply to sources based on the GWP values has been narrowed
by the U.S. Supreme Court decision in Utility Air

[[Page 73762]]

Regulatory Group v. EPA (No. 12-1146). Under that decision, sources
cannot become subject to the requirement to obtain a permit as a major
source under these permitting programs based solely on their emissions
of GHGs, thereby limiting implications of changes to GWP values in this
context. As also discussed above, the revisions to Table A-1 are
otherwise not expected to have a significant impact on application of
the PSD BACT requirement to GHGs at sources that continue to require a
PSD permit based on emissions of other pollutants.
With respect to permits that have already been issued, as explained
in a prior rulemaking relating to revisions to GWP values in Table A-1,
the EPA does not expect the revised GWPs to be applied retroactively to
prior permitting determinations and does not expect that previously
approved PSD or title V permits would be reopened solely based on
application of the revised GWPs in Table A-1 to prior years' emissions
(78 FR 71916). As the EPA previously explained, compliance with GHG
permit limits in existing, final PSD permits ``may be determined based
on the GWPs that were effect at the time of permit issuance (even if
the permit does not specify the applicable GWP value)'' (78 FR 71916).
Likewise, with regard to determinations of whether PSD permitting
requirements applied to a source previously permitted, the EPA has
already explained that ``GWP revisions should not affect past
permitting actions for a source that has obtained a final PSD permit
before these revisions to Part 98 become effective, regardless of
whether or not that PSD permit included GHG limits'' (78 FR 71916).
Should sources have specific questions regarding application of the new
GWP values to previously approved PSD or title V permits, they should
contact their permitting authority or their respective EPA regional
office.
While there should be little to no impact on both categories of
permitting requirements based on this final action to add chemical-
specific GWPs and default GWPs for the reasons explained above, sources
are encouraged to talk to the appropriate permitting authority to the
extent that questions arise regarding specific permitting requirements
that apply or might apply to their GHG emissions.
One commenter argued that establishing default GWPs was
inconsistent with the practice of the IPCC and therefore diverged from
accepted international practice, subjecting U.S. facilities to a
different standard than competitors in the World Semiconductor Council
(WSC) and elsewhere. As noted above, we believe that consistency
between the GHGRP and other national and international policies and
programs is important for the GHGs that are included in AR4; for these
GHGs, the improvement in accuracy that would be associated with the use
of more recent GWPs (e.g., from the Comprehensive Review or from AR5)
does not justify the loss of consistency with UNFCCC reporting that
would result. However, for the GHGs that are not included in AR4, the
improvement in accuracy associated with the assignment of default GWPs
rather than a GWP of zero does not result in a loss of consistency with
UNFCCC reporting, since the UNFCCC does not require the use of AR4 GWPs
for reporting emissions of these GHGs. In fact, the use of default GWPs
facilitates compliance with the UNFCCC Reporting Guidelines, which
``strongly encourage'' Annex I Parties ``to also report emissions and
removals of additional GHGs'' (i.e., GHGs whose GWPs are not included
in AR4). To the extent that other consistency issues arise, the EPA and
GHGRP stakeholders such as the WSC can make adjustments to GHGRP or
other data sets to ensure comparability between those sets (e.g., to
measure progress toward WSC goals).
Regarding the comment that it would be difficult to assign
fluorinated GHGs to the correct fluorinated GHG group (and therefore to
select the correct default GWP), we have deliberately defined the
groups based on easily ascertained criteria related to chemical
structure. To further facilitate selection of the correct default GWP,
we intend to automatically assign it through our data system for
commonly used fluorinated GHGs and HTFs that are reported under the
GHGRP, such as fully fluorinated HTFs used in electronics
manufacturing. Thus, we do not expect that selection of the correct
default GWP will impose a significant burden on reporting facilities.

B. Amendments to Subpart L Reporting Requirements

1. Summary of Final Amendments to Subpart L Reporting Requirements
As proposed, the EPA is permanently amending the subpart L
reporting requirements to require reporting at a more aggregated level
than in the 2010 subpart L rule. Specifically, we are requiring owners
and operators of facilities producing fluorinated gases to report (1)
emissions by fluorinated GHG group (chemical type) at the process level
for each generically defined production or transformation process, and
(2) emissions by chemical at the facility level for certain fluorinated
GHG emissions. These changes apply only to emissions from production
and transformation processes; emissions from venting of container heels
and destruction of previously produced fluorinated GHGs must be
reported by chemical and by process as required by the 2010 Subpart L
Rule.
Fluorinated GHG emissions from production and transformation
processes must be reported by chemical at the facility level when (a)
the fluorinated GHG is emitted in quantities above 1,000 metric tons
CO2e (mtCO2e) and the facility produces more than
one fluorinated gas product,\17\ or (b) for facilities that produce
only one fluorinated gas product, the fluorinated GHG emitted is a
major fluorinated GHG constituent of a fluorinated gas product and the
fluorinated gas product is sold or otherwise transferred to another
person. (Other fluorinated GHG emissions from production and
transformation processes at the facility level will be reported by
chemical type.) Where the emission factor or emission calculation
factor approaches are used, facilities are required to further
disaggregate process emissions by emission type (i.e., into vented vs.
leaked emissions). In addition to the changes above, we are replacing
the requirements to report process-specific emission factors, activity
data, and destruction efficiencies with a requirement to identify, as a
range, the level by which the emissions of each process are reduced or
controlled (e.g., by destruction devices). We are also removing the
requirement that facilities report the following data elements: the
contents, locations, and functions of the streams analyzed under the
scoping speciation (40 CFR 98.126(a)(3) and (a)(4)).
---------------------------------------------------------------------------

\17\ We are defining fluorinated gas product as the product of
the process, including isolated intermediates.
---------------------------------------------------------------------------

All of these changes (as well as the revised default GWPs and
fluorinated GHG groups, discussed in Sections II.A and II.B.5 of this
preamble) will apply to (previously deferred) reporting for RYs 2011,
2012, and 2013 (i.e., reporting of emissions that occurred in 2011,
2012, and 2013), as well as to reporting for emissions that occur in
2014 and later years.
To consolidate all of the revisions to subpart L that are related
to disclosure concerns, the EPA also is finalizing in this action the
alternative verification approach that was proposed for subpart L in
the Proposed Inputs Rule. (In the Proposed Amendments to Subpart L, we

[[Page 73763]]

discussed the relationship between those amendments and the amendments
that were proposed in the Proposed Inputs Rule, and we made available a
version of the subpart L regulatory text as it would be amended by both
actions (78 FR 69340).) The alternative verification approach for
subpart L is the same as that in the Final Inputs Rule, except that the
requirement for subpart L reporters to use IVT will apply to RY 2015
and later reporting years. This is necessary to allow the EPA to
develop a subpart L IVT module that integrates the subpart L reporting
requirements being finalized in this action.
As noted in the Proposed Inputs Rule, the inputs verification tool
is designed to be used concurrently with annual reporting by
facilities. While additional verification could be conducted on past
years' data if the inputs verification tool were used for those years,
for the reasons stated in the Proposed Inputs Rule, the EPA has
determined that the added benefit does not outweigh the burden that
would be required for facilities to use the inputs verification tool
for years that will already have been reported in full by the time the
tool is available for use. For further details, please see the Proposed
Inputs Rule (78 FR 56004). As noted above, facilities will be
submitting full subpart L reports for Reporting Years 2011, 2012, and
2013 in calendar year 2015.
As described in the Proposed Inputs Rule, the EPA is currently
using a two-step verification approach for the GHGRP:
Initial automated review of reported data, using an
electronic data quality assurance program built into the data system,
for use by reporters and the EPA to help assure the completeness and
accuracy of data.
Based on the initial review results, follow up with
facilities regarding potential errors, discrepancies, or questions,
including on-site audits.
Until the Inputs Verification Tool is in place, the EPA intends to
continue to verify subpart L emissions using this approach. The EPA may
also perform manual checks. More specifically, the EPA intends to look
at expected emission levels and patterns, internal consistency,
consistency with emissions reported previously by the same facility,
consistency with emissions reported by other fluorinated gas production
facilities, and report completeness.
We are also finalizing revisions to Table A-7 by removing all
subpart L inputs to equations from Table A-7. With the exception of the
data elements in 98.126(b)(10), (11), and (12), which were addressed in
the Proposed Amendments to Subpart L, the Proposed Inputs Rule proposed
to remove all subpart L inputs to equations from Table A-7. We are
finalizing these provisions as proposed. With respect to the data
elements in 98.126(b)(10), (11), and (12), these data elements were
proposed to be removed from the subpart L provisions in the Proposed
Amendments to Subpart L; however, we inadvertently did not make the
corresponding changes in Table A-7. As a result, consistent with the
Proposed Amendments to Subpart L, we are making the corresponding
change in Table A-7 and removing the data elements in 98.126(b)(10),
(11), and (12) from Table A-7 in this action.
2. Changes From the Proposed Rules
a. Changes to Provisions Proposed in the Proposed Amendments to Subpart
L
The EPA is making minor changes to the reporting requirements
proposed in the Proposed Amendments to Subpart L to clarify and
streamline them. First, we are not finalizing two proposed reporting
provisions that would be redundant with two existing reporting
provisions. Specifically, we are not finalizing the proposed paragraphs
98.126(a)(6)(i) and (ii), which would have required reporting of
emissions from destruction of previously produced fluorinated GHGs and
emissions of container heels, because paragraphs 98.126(g) and (h)
already require this reporting. However, we are slightly revising
98.126(h) to require reporting of aggregate emissions of each
fluorinated GHG across container types and sizes (rather than for each
container type and size) as would have been required by the proposed
98.126(a)(6)(i). Reporting of emissions by container type and size is
no longer useful for verification given the removal of the requirement
to report heel factors by container type and size. Second, we are
clarifying in several places that the requirements to report facility-
level emissions by chemical or by fluorinated GHG group apply only to
emissions from production and transformation processes. Because
emissions from container venting and destruction of previously produced
fluorinated GHGs are already required to be reported by chemical from
each of these activities, it is not necessary to report them again at
the facility level (except as part of the total CO2e
emissions for the facility reported under 98.3(c)(4)(i)).
Third, the EPA is removing 98.126(f)(5), the requirement to submit
a revised destruction device testing report when changes to the
destruction device would be expected to affect the destruction
efficiency (DE). This change is necessary for consistency with our
removal of the requirement to report the original DE at 98.126(f)(1).
As discussed in the Proposed Amendments to Subpart L, we identified
potential disclosure concerns associated with reporting of exact
destruction efficiencies at the process level under subpart L. These
concerns apply to revised destruction efficiencies as well as to
original destruction efficiencies. To ensure that we continue to
receive useful information on the level of control for each process, we
are finalizing our proposal to replace the requirement to report exact
destruction efficiencies with the requirement to report, as a range,
the effective DE of each process (78 FR 69348-49).
In addition to these changes, we have revised the proposed
fluorinated GHG groups and default GWPs in response to comments. These
changes are discussed below in Section II.B.2.b.
b. Changes to Provisions Proposed Relative to the Alternative
Verification Approach
As previously mentioned, the Proposed Inputs Rule included an
alternative verification approach and associated reporting and
recordkeeping requirements. This section discusses the changes since
proposal.
First, we are not finalizing the entry of the inputs to the mass-
balance equations into IVT as proposed in the Proposed Inputs rule.
Shortly after issuing the Proposed Inputs Rule, we proposed to remove
the mass-balance approach altogether in the Proposed Amendments to
Subpart L for the reasons provided in the proposal. As discussed in
Section II.C of this preamble, we are finalizing the removal of the
mass-balance method through this action. Because the mass-balance
equations are no longer in subpart L, we are not requiring the entry of
the inputs to those equations into IVT.
Second, we are requiring entry of chemical-specific emissions from
leaks for each process into IVT. In the Proposed Amendments to Subpart
L, we proposed to replace the reporting of this data element with the
reporting of CO2e emissions by fluorinated GHG group from
leaks for each process, which we believe will provide us adequate
information for policy purposes while addressing the potential
disclosure concerns associated with the reporting of chemical-specific
emissions from process leaks. In our effort to consolidate all subpart
L proposed revisions, including IVT, into one final action, we note
that entry of chemical-specific emissions from leaks into IVT

[[Page 73764]]

will facilitate verification of the replacement data reporting element.
Specifically, entry into IVT of chemical-specific emissions from leaks
for each process will allow us to verify (1) the reported
CO2e emissions by fluorinated GHG group from leaks for each
process, and (2) the emissions reported either by chemical or by
fluorinated GHG group (in CO2e) at the facility level.
Emissions from leaks are included in facility totals in either
chemical-specific or CO2e terms, depending on the magnitude
of the emissions of that chemical at the facility level. They are
therefore a necessary link between the emissions from vents calculated
by Equations L-21, L-22, L-26, and L-27, which the EPA proposed to
verify using IVT, and the emissions that will actually be reported at
the facility level under these amendments. In light of the above, we
are requiring in this final rule that chemical-specific emissions from
leaks for each process be entered into IVT, along with certain inputs
to emission equations, as part of the alternative verification
approach.
Third, for clarity, we are adding an explicit requirement to report
the generically identified process for which missing data are reported
under 40 CFR 98.126(d). This is in addition to the revisions to
98.126(d) that were proposed in the Inputs Rule, which we are also
finalizing in today's action. Because emissions from fluorinated gas
production are monitored and calculated at the process level,
identification of the process is within the subpart A requirement to
report ``each data element for which a missing data procedure was used
according to the procedures of an applicable subpart'' at 98.3(c)(8).
However, to the extent there is any potential ambiguity, the addition
clarifies the requirement to report the generically identified process.
Finally, we are not finalizing our proposal to enter the data
elements in Equations L-20, L-23, and L-25 into IVT. These data
elements, which are not required to be reported to EPA, were
inadvertently included in the group of subpart L inputs to emission
equations to be entered into IVT in the Proposed Inputs Rule. Equation
L-20 is used to calculate emission factors from multiple individual
emission factor measurements; Equation L-23 is used to calculate
adjusted process-vent-specific emission factors in the event of a
process change; and Equation L-25 is used to calculate emission
calculation factors based on emissions calculated using chemical
engineering principles or engineering assessments. These factors are
required to be measured and calculated only once every ten years or if
there is a change to the process. The calculations used to develop the
emission factors and emission calculation factors are important for
ensuring that facilities have correctly complied with subpart L's
requirements, but they are not essential for verifying emission
calculations every year. Further, individual emission factor
measurements are required to be included in the emissions test report
under 40 CFR 98.124(c)(5), which is kept as a record under 40 CFR
127(d)(4). Similarly, emission factor calculations are required to be
kept as records under 40 CFR 127(d)(5). For the reasons stated above,
we are not finalizing the entry of the data elements in Equations L-20,
L-23, and L-25 into IVT.
3. Summary of Comments and Responses on Proposed Amendments to
Reporting Requirements
Comment: Three commenters supported the proposed replacement of
chemical-specific reporting at the process level with two levels of
more aggregated reporting. The commenters noted that grouping of
classes of compounds will aid in protecting information about which
they have disclosure concerns. Two of the commenters specifically
agreed with the proposal that facilities be required to report
emissions of fluorinated GHGs by chemical when emissions of that
fluorinated GHG exceed 1,000 mtCO2e for the facility as a
whole. An additional commenter noted that compound-specific reporting
at the facility level is sufficient to support efforts to identify and
resolve differences between ``bottom-up'' emission estimates based on
inventory methods and ``top-down'' emission estimates based on changing
atmospheric concentrations. Two commenters agreed that a facility
producing only one fluorinated gas should report emissions only by
fluorinated GHG group, unless the emissions consist of a major
fluorinated GHG constituent of the fluorinated gas product and that
product is sold or transferred to another facility.
One commenter objected to the proposal to replace some chemical-
specific reporting with aggregate reporting. The commenter stated that
the proposal to require less information and ``generic, melded
information''--instead of process-specific and/or chemical specific
information--would undermine the EPA's mission to protect the health
and safety of the American public and the environment and the public's
ability to monitor the use of HFCs nationwide. The commenter asserted
that the EPA's proposal would materially reduce the amount and quality
of information available to inform future policy and that the proposal
would require significantly fewer facilities to submit data compared to
the original rule. In several cases, the commenter referred to
drawbacks that the EPA identified in the proposed rule for alternatives
to the preferred approach. The commenter suggested that certain
facilities that meet specified criteria could report their fluorinated
GHG emissions in a less detailed manner. The commenter further
suggested that one of these criteria could be whether or not the
facility is producing a unique product as opposed to a widely produced
HFC.
Response: As discussed above, we are finalizing the amendments to
the reporting requirements as proposed. We agree with several of the
commenters that the amendments will address disclosure concerns while
allowing the EPA to collect the data necessary to inform the
development of future GHG policies and programs. This includes data on
the magnitudes (in CO2e), GWPs, atmospheric lifetimes, and
sources (vents or leaks) of emissions at the process level and data on
the exact chemical identities and magnitudes of significant emissions
(those that exceed the 1,000 mtCO2e threshold) at the
facility level. As discussed in the preamble to the proposed rule,
process-specific emissions information allows the EPA to identify
processes with high potential for emission reductions as well as
measures to achieve those reductions. Chemical-specific information
allows the EPA, as well as the public and the international community,
to better understand the atmospheric impacts of U.S. emissions, to
compare U.S. emissions to atmospheric measurements, and, if
inconsistencies between emissions and atmospheric measurements are
found, to better understand the magnitudes and causes of those
inconsistencies. We have concluded that the data that will be collected
under this final rule will enable us to meet these objectives.
Contrary to the statements of one of the commenters, the amendments
will generally continue to require reporting of process-specific as
well as chemical-specific information. Under the final rule, facilities
making more than one fluorinated gas product must report their process-
specific emissions by fluorinated GHG group in CO2e, and
they must identify their processes by process type and subtype and a
generic identifier that will remain the same from year to year.
Together, these requirements will enable the EPA and the public to
identify processes that are reducing emissions or that have

[[Page 73765]]

potential to reduce emissions significantly and/or cost-effectively
(e.g., because the emissions are large and/or belong to a fluorinated
GHG group with a relatively high GWP). (The requirement to report the
effective DE range applied to each process will further inform such
analyses.) In addition, facilities making more than one fluorinated gas
product are required to report their facility-level emissions of
fluorinated GHGs by chemical when the emissions of that chemical exceed
1,000 mtCO2e. This will enable the EPA to identify
fluorinated GHGs (including individual HFCs) with high emissions and to
compare emissions to atmospheric measurements.
Facilities making only one fluorinated gas product are required to
report their facility-wide emissions by fluorinated GHG group in
CO2e, except they must report the emissions by fluorinated
GHG when that fluorinated GHG is a major fluorinated GHG constituent of
a fluorinated gas product and the fluorinated gas product is sold or
otherwise transferred to another person. For facilities making only one
fluorinated gas product, the facility emissions are likely to result
from relatively few processes (and possibly only one), meaning that
even in this case, the reported emissions are likely to be close to
process-specific emissions. (We believe that only one or two facilities
are likely to make only one fluorinated gas product, which includes
intermediates that are fluorinated gases.)
Also contrary to the statements of one of the commenters, these
amendments will not require fewer facilities to submit data. The
amendments do not affect the applicability of subpart L; all facilities
that have reported to date and that would have reported under the 2010
Subpart L final rule if unchanged going forward will report under these
amendments.
Because we have concluded that the data to be collected under this
rule are sufficient to inform the development of future GHG policies
and programs with respect to emissions from the production of all
fluorinated gases, we are not pursuing an approach that would impose
different reporting requirements for facilities or processes that
produce ``unique'' vs. ``commonly made'' fluorinated gases. In addition
to being unnecessary, that approach would require the development and
application of criteria to determine which products or processes are
``unique,'' which would impose an administrative burden both on the
Agency and on the regulated community, and which would likely further
delay process- and chemical-specific reporting from fluorinated gas
producers. One of the challenges of developing and applying such
criteria would be that unique processes are sometimes used to produce
even commonly made fluorinated GHGs, including commonly made HFCs.
We agree with one of the commenters that several of the
alternatives to the approach being finalized in today's rule, such as
not distinguishing between transformation processes that do and do not
transform fluorinated GHGs produced at another facility, would have
reduced the usefulness of the data reported to the EPA. We did not
receive any comments supporting these alternatives and we are not
adopting them in today's final rule.
Comment: Two commenters stated that they did not anticipate that
there would be export control limitations in complying with the
proposed reporting requirements. However, they stated that in future
reporting years, facilities would be obligated to comply with export
control requirements in the event that any portion of the information
reported was subject to export control regulations. One of these
commenters suggested that the EPA either ``use its enforcement
discretion and determine appropriately that the company could not
comply with the GHGRP requirements'' or provide a ``CBI Petition
Process'' to ``address those very infrequent occasions where
confidentiality/export control issues are a concern and could not have
been reasonably anticipated at the time of comment on the rule.'' The
other commenter suggested that the EPA provide exemptions for export
control information where confidentiality issues were not reasonably
understood at the time of rule promulgation.
Response: We are not establishing a petition or exemption process
under which a subpart L reporter could withhold reporting on the theory
that reporting would disclose sensitive information. Based on the
record for this rulemaking, including several years of discussion with
the industry, extensive analysis by the EPA, and the comments submitted
on the proposed rule, we believe that the amendments to the subpart L
reporting requirements being promulgated today adequately address the
disclosure concerns raised by the industry. We expect that the
likelihood that an unanticipated disclosure concern would arise is
quite low, and we have concluded that this possibility does not warrant
the administrative burden associated with the development of a petition
process. Moreover, due to the detailed information required to be
reported, a petition process could cause long delays, and potential
confusion, in the release of non-confidential data. Should a disclosure
concern arise, we encourage reporters to bring it to our attention
expeditiously so that we can consider it.
Comment: Two commenters supported the proposed threshold of 1,000
mtCO2e at the facility level for reporting emissions by
chemical rather than by chemical group. Both commenters noted that this
would reduce the number of speciated fluorinated GHGs that would be
identified, thereby reducing the chemical-specific information
potentially available to competitors. One commenter stated that, from a
verification perspective, it would make sense to set the threshold as a
percentage of total national production of the compound or of facility-
wide emissions.
One commenter agreed that a threshold is ``one way that true CBI
concerns could be addressed'' and that the threshold should be set in
CO2e; however, the commenter considered 1,000
mtCO2e to be too high and asserted that the proposed
regulations and comments provided no basis for this threshold. The
commenter stated facilities that would like to protect disclosure of
confidential catalysts or additives should provide an argument based on
actual production practices that justify such a high threshold, and
suggested that a threshold of 100 mtCO2e may be protective.
Response: We are finalizing the 1,000 mtCO2e threshold
for chemical-specific reporting as proposed. As noted in the proposed
rule, we proposed the 1,000 mtCO2e threshold based on
information from a fluorinated gas producer indicating that the vast
majority of its CO2e emissions consist of fluorinated GHGs
that are emitted in quantities of one ton or more from the facility as
a whole. Using a GWP of 1,000, which is relatively low for fluorinated
GHGs in general, this equates to 1,000 mtCO2e. (Note that
using a higher GWP would result in a higher CO2e threshold
(e.g., 10,000 mtCO2e for fluorinated GHGs that have a GWP of
10,000).) The producer also noted that the fluorinated GHGs that are
emitted in quantities of one ton or more make up a small fraction of
the number of individual fluorinated GHGs emitted. Thus, setting the
threshold for chemical-specific reporting at 1,000 mtCO2e is
expected to result in the reporting of the majority of CO2e
emissions in chemical-specific terms, while avoiding the disclosure of
detailed process information.
We agree with two of the commenters that it is important to
consider the

[[Page 73766]]

relationship between the threshold and typical facility-wide and
nationwide emissions. Because the reporting under subpart L to date has
been only in terms of CO2e rather than by chemical, we do
not yet know the exact percentage of each facility's emissions that
will be reported in chemical-specific terms. However, we do know that
the average fluorinated GHG emissions reported under subpart L by each
facility can be large: about 415,000 mtCO2e per facility
with a national total of 6.6 million mtCO2e in 2012. The
1,000-mtCO2e threshold comprises 0.2 percent of this
average. If 10 fluorinated GHGs were emitted below the threshold level,
emissions of these fluorinated GHGs would make up less than 2 percent
of the average, and even emissions of 50 fluorinated GHGs below the
threshold would make up less than 10 percent of the average. While some
facilities have emissions that are higher or lower than the average,
implying that the percentage of emissions that will be reported in
chemical-specific terms could be higher or lower than average at those
facilities, we have concluded that this variability is reasonable given
the varying environmental impacts of the emissions from those
facilities. A single numerical threshold is also simpler to implement
than a threshold expressed as a fraction of facility emissions. Thus,
we are adopting the former rather than the latter. Although we have
concluded that setting this threshold equal to 1,000 mtCO2e
is reasonable based on the information available to us at this time, we
may reevaluate this threshold if we find that a large share of national
emissions are not being reported in chemical-specific terms at the
facility level once reporting begins under these amendments.
Comment: One commenter stated the proposed ranges for effective
reporting DE were sufficient for the purposes of the GHGRP. The
commenter did, however, question whether that information will be more
useful to the EPA than simply requiring an indication regarding whether
each process is controlled. The commenter pointed out that destruction
efficiencies alone are not indicative of the effectiveness of a control
device.
Response: We are finalizing the calculation method and ranges for
the effective DE as proposed. We agree with the commenter that
destruction efficiencies alone do not fully characterize the
effectiveness of control devices in reducing emissions. This is why the
calculation of the effective DE takes into consideration the downtime
of the destruction device. As discussed in the preamble to the proposed
rule, downtime can significantly increase emissions. The requirement to
calculate and specify a range for the effective DE therefore provides
significantly more information than simply reporting the unweighted DE
or indicating whether or not a process is controlled by a destruction
device.
Comment: One commenter stated that reporting the effective DE for
processes >10,000 mtCO2e will greatly benefit the
effectiveness of the reporting program and enhance data reliability.
The commenter noted that the operation of destruction technology is a
key element of best practices. The commenter stated there is no
significant burden for facilities to report both the DE and the
downtime and opined that destruction device downtime cannot be
considered CBI and should be disclosed. The commenter suggested that
facilities also report whether they have in-line destruction equipment
or whether they collect and transport HFCs to a central destruction
facility.
Response: We agree that reporting the effective DE, which accounts
for both the DE and the downtime of destruction devices, will
significantly enhance the value of the data (particularly process-level
data) collected under subpart L. In the proposed subpart L amendments,
the EPA proposed to report the effective destruction efficiency as a
range. In support, the EPA noted in that proposal that in the
memorandum entitled ``Evaluation of Competitive Harm From Disclosure of
`Inputs to Equations,' '' we found that reporting the precise DE under
subpart L posed disclosure concerns because the DE provides data that
could be used with certain other data to calculate the production rate
and/or process efficiency (cost to do business) (78 FR 69348).\18\
Specifically, the DE could be used with other data to calculate the
production rate or the amount of fluorinated GHG in a destroyed stream
removed from the process and sent to a destruction device. This
finding, which was unchanged in the Final Inputs Rule, applies even
more to the combination of DE and downtime, which, as noted by the
commenter, provides a more accurate measure of the extent to which
emissions are being reduced than DE alone. In addition, the EPA
explained in the proposed subpart L amendments that reporting the
effective DE as a range will capture the impacts of destruction
efficiencies and downtimes while avoiding the disclosure of detailed
process information (78 FR 69349). The commenter generally asserts that
the destruction device downtime cannot be considered CBI but provides
no supporting rationale or information. The commenter also expresses no
disagreement with EPA's assertion that reporting the effective
destruction efficiency as a range will capture the impacts of
destruction efficiencies and downtimes. We are therefore finalizing the
reporting of the effective destruction efficiency as a range, as
proposed. Regarding the comment that sources should report whether they
have in-line destruction equipment or whether they collect and
transport HFCs to a central destruction facility, the requirement that
facilities report their effective destruction efficiency for each
process will capture any variability in the uptime or overall
destruction efficiency associated with the use of different
configurations of destruction devices at the facility. As a result,
this specific information is not needed.
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\18\ August, 2013, available in Docket EPA-HQ-OAR-2010-0929.
This finding was reiterated in the memorandum entitled ``Final
Evaluation of Competitive Harm From Disclosure of `Inputs to
Equations' '' Data Elements Deferred to March 31, 2015, September,
2014.
---------------------------------------------------------------------------

Comment: One commenter stated that the chemical specific emissions
in 98.126(a)(6) (regarding venting of residual fluorinated GHGs from
returned containers) should be reported as part of the facility-wide
totals required in 98.122(d). The commenter indicated it is not clear
whether chemical-specific emissions reported under 40 CFR
98.126(d)(6)(ii) would impact the confidentiality issues that the EPA
is addressing for subpart OO. The commenter stated that container heel
venting for materials ``returned from the field'' would provide
information on a specific product that may be CBI under subpart OO. (In
a follow-up conversation with the EPA, the commenter clarified that
this information was the chemical identity of the product.) \19\
---------------------------------------------------------------------------

\19\ See docket EPA-HQ-OAR-2009-0927 for additional information.
---------------------------------------------------------------------------

Response: As noted in Section II.A.2 of this preamble, the proposed
reporting requirement at 40 CFR 98.126(a)(6)(ii), which would require
reporting of the mass of each fluorinated GHG that is emitted from
returned containers, inadvertently repeated the current reporting
requirement at 40 CFR 98.126(h)(1), and we are therefore not finalizing
40 CFR 98.126(a)(6)(ii) in this final rule.
As discussed in the preamble to the Proposed Amendments to Subpart
L (78 FR 69350), we did not propose to remove 40 CFR 98.126(h)(1)
because commenters on previous actions did not identify the requirement
to report chemical-specific emissions of container

[[Page 73767]]

heels as one of the reporting requirements that pose disclosure
concerns, and we did not believe that the requirement posed such
concerns. As we explained in the proposal, container heels consist of
the residual fluorinated GHGs that remain in containers returned to gas
manufacturers by their customers. If the fluorinated GHG has been sold
or otherwise distributed to a customer, its identity can be ascertained
by a person other than the fluorinated gas manufacturer, including a
competitor. This is the same principle that we used to support our
proposal to require reporting of emissions of the fluorinated GHG
product by facilities that make one product and sell or otherwise
distribute it to another person. Thus, we are not removing the
requirement at 40 CFR 98.126(h)(1) to report the masses of residual
fluorinated GHGs vented from containers.
We do not believe that the subpart L requirement for fluorinated
GHG producers to report the mass of each fluorinated GHG that is
emitted from returned containers impacts confidentiality determinations
for fluorinated GHG producers under subpart OO, which applies to
suppliers of industrial GHGs. Under subpart OO, we determined that the
mass of the fluorinated GHG product produced and reported is CBI. We
did not address whether the identity of the fluorinated GHG product
produced and reported was CBI.
4. Summary of Comments on Amendments to Subpart L Inputs Proposed in
the Proposed Inputs Rule
Comment: One commenter stated that withdrawing the requirements to
report the mass and quantity of production of gases and the DE does not
protect a valid CBI concern and is a great disservice to the public.
The commenter specifically identified the following paragraphs as areas
of concern: 40 CFR 98.126(b)(5) through (b)(9), (f)(1), (g)(1), and
(h)(2). The commenter argued that the amounts of gases produced and the
destruction efficiencies would not disclose the methodologies for
making those substances or protect appropriate CBI concerns ``anymore
than a farmer not disclosing the amount of corn grown on a hectare of
land would protect CBI.'' According to the commenter, a review of the
DE helps evaluate the efficiency of different technologies, whether
companies are optimizing the equipment and whether different collection
techniques such as collection and destruction at a central facility are
as effective as an in-line destruction technology. The commenter
concluded that the EPA should withdraw these proposed changes as the
needs of public transparency outweigh any alleged CBI concern.
Response: The commenter specifically objects to the removal of
reporting requirements in 40 CFR 98.126(b)(5)-(9), (f)(1), (g)(1), and
(h)(2). The EPA has categorized these data elements as ``inputs to
equations,'' except for those in 40 CFR 98.126(b)(5). As stated in the
proposed rule deferring the requirement to report inputs to equations,
``For any inputs, the release of which EPA determines could result in
the business harms alleged by commenters, EPA would evaluate whether
emissions can be calculated or verified using additional methodologies,
consistent with the transparency and accuracy goals of Part 98, without
EPA collecting these inputs'' (75 FR 81355). We examined the data
elements for which reporting was deferred to 2015, as described in the
Proposed Inputs Rule (78 FR 55994). Our evaluation involved a four-step
process. The results of this evaluation were documented in the four
following memoranda available in the EPA's Docket ID No. EPA-HQ-OAR-
2010-0929:
``Evaluation of Public Availability of Inputs to Emission
Equations for which Reporting was Deferred to March 31, 2015,'' August
2013.
``Evaluation of Competitive Harm from Disclosure of
`Inputs to Equations' Data Elements Deferred to March 31, 2015,''
August 2013.
``Evaluation of Alternative Calculation Methods,'' August
2013.
``Evaluation of Alternative Verification Approaches For
Greenhouse Gas Reporting Rule Subparts for which Reporting of Inputs to
Emission Equations was Deferred to March 31, 2015,'' August 2013.
Based on the results of the first and second steps of the
evaluation (evaluation of public availability and competitive harm),
the EPA identified disclosure concerns associated with the subpart L
inputs to equations reporting elements mentioned by the commenter.
The EPA determined in its memorandum ``Evaluation of Competitive
Harm from Disclosure of `Inputs to Equations' Data Elements Deferred to
March 31, 2015,'' August 2013 (refer to Docket ID No. EPA-HQ-OAR-2010-
0929) that the following inputs to emission equations provide
production or raw material data that could cause competitive harm if
released: The mass of each fluorine-containing reactant that is fed
into the process (40 CFR 98.126(b)(6)); the mass of each fluorine-
containing product produced by the process (40 CFR 98.126(b)(7)); the
mass of each fluorine-containing product, by-product, and reactant that
are removed from the process and fed into the destruction device (40
CFR 98.126(b)(8)(i)-(iii)); the mass of each fluorine-containing by-
product that is removed from the process and recaptured (40 CFR
98.126(b)(8)(iv)); the mass of fluorine in each stream that is fed into
the destruction device (40 CFR 98.126(b)(9)(i)); the mass of fluorine
that is recaptured (40 CFR 98.126(b)(9)(ii)); and the mass of the
fluorinated GHG fed into the destruction device (40 CFR 98.126(g)(1)).
The competitive harm evaluation further explains that the demonstrated
DE of the destruction device for each fluorinated GHG fed into the
device from the process (40 CFR 98.126(b)(8)(v)), the weighted average
DE of the destruction device calculated for each stream (40 CFR
98.126(b)(9)(iii)), and the DE of each destruction device for each
fluorinated GHG whose destruction the facility reflects in 40 CFR
98.123 (40 CFR 98.126(f)(1) provide data that could be used to
calculate the amount of fluorinated GHG in a waste stream removed from
the process and sent to a destruction device. Competitors could deduce
the amount of fluorinated GHG sent to a destruction device if the
annual emissions of each fluorinated GHG (as required to be reported
under 40 CFR 98.126(a)(2)) are known and if it could be deduced that
the emissions consist exclusively of post-destruction device emissions
(information that a competitor knowledgeable of some aspects of the
facility and/or of fluorine chemistry might deduce).
We proposed that these inputs to equations would be entered into
IVT instead of being reported to the EPA. The commenter asserted that
the amounts of gases produced and the destruction efficiencies would
not disclose the methodologies for making those substances; however, it
is not the potential disclosure of production methods that is of
concern for these data elements, but the ability to calculate
production and process efficiency from the release of these data. As
discussed in the proposed competitive harm evaluation and reiterated in
final competitive harm memorandum (which was unchanged from the
proposed memo for subpart L), disclosing a facility's production or
throughput data would be detrimental to a firm's competitiveness by
revealing confidential process information and operational and
marketing strategies, and disclosing process performance and operation
information could be

[[Page 73768]]

detrimental to a firm's competitiveness by revealing process
efficiency, providing insight into a firm's operational strengths and
weaknesses. As a result, our finding that disclosure of these inputs to
equation would be detrimental to a firm's competitiveness still stands.
Refer to the memorandum ``Final Evaluation of Competitive Harm from
Disclosure of ``Inputs to Equations'' Data Elements Deferred to March
31, 2015'' September 2014 (refer to Docket ID No. EPA-HQ-OAR-2010-0929)
for additional details on this finding. We are therefore finalizing as
proposed, with the exception being that the inputs to equation in 40
CFR 98.126(b) will not be entered into IVT. These inputs are specific
to the mass balance method, which is being removed in this action. As a
result, since the use of IVT will start for reporting year 2015 for
subpart L, the mass balance method will no longer be a method in
subpart L. As discussed earlier in this section of the preamble, we are
also requiring the effective DE to be reported as a range, which will
capture the impacts of destruction efficiencies and downtimes while
avoiding the disclosure of detailed process information.
Finally, for the heel factor calculated for each container size and
type (40 CFR 98.126(h)(2)), the EPA determined in the harm evaluation
that these data could be used to calculate the number of tanks
processed if the emissions from each type of container (as required to
be reported in 40 CFR 98.126(h)(1)) are also known. (The
confidentiality determination for the emissions from each type of
container as required to be reported in 40 CFR 98.126(h)(1) is being
finalized in this action as emission data.) The number of each type of
tank processed and the size of the tanks could provide insight into
product sales. Again, the commenter did not provide any rationale for
reversing these findings beyond asserting that the mass and amount of
gases produced and the destruction efficiency rates will not disclose
the methodologies for making the substances. As a result, our finding
that the heel factor could provide insight into product sales still
stands, and we are finalizing as proposed that this input to equation
be entered into IVT rather than reported to the EPA.
With respect to the mass of F-GHG by-product emitted from the
process (40 CFR 98.126(b)(5)), this data element is not an input to an
equation and was therefore not included in the Proposed Inputs rule. It
was, however, part of the Proposed Amendments to Subpart L. As
discussed in the Proposed Amendments to Subpart L, the data element may
reveal detailed process information. The EPA proposed to delete this
reporting element as part of its removal of the mass balance method,
and the EPA is finalizing the removal of this method in this action.
5. Fluorinated GHG Groups
a. Summary of Fluorinated GHG Groups
We are establishing 12 fluorinated GHG groups into which subpart L
facilities will sort emissions for reporting at the process level.
These groups are the same as those established for purposes of
developing and assigning the default GWPs being added to Table A-1,
discussed in Section II.B.
b. Changes Since the Proposed Amendments to Subpart L
We proposed to establish five fluorinated GHG groups for process-
level reporting under subpart L: (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 fluorinated GHGs and HTFs.
Commenters requested that we split the third group, expand the 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. One commenter stated that five types of compounds, including
unsaturated fluorinated ethers, unsaturated halogenated esters,
fluorinated aldehydes, fluorotelomer alcohols,\20\ and fluorinated GHGs
with carbon iodine bonds, would have been assigned GWPs that were too
high if they had remained in the ``Other'' category. Another commenter
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).
---------------------------------------------------------------------------

\20\ At one point in its comment, the commenter recommended
establishing a separate group for fluorinated alcohols generally,
which is a larger set than fluorotelomer alcohols, with an average
GWP of approximately 25 (including fluorotelomer alcohols) or 30
(excluding fluorotelomer alcohols). Another commenter also
recommended establishing a separate group to account for fluorinated
GHGs with GWPs at or near a value of 10. As discussed in Section
II.A of this preamble, we are establishing a separate fluorinated
GHG group that has a default GWP of 30 and that includes, among
other types of compounds, fluorinated alcohols other than
fluorotelomer alcohols.
---------------------------------------------------------------------------

We agreed with these comments and consequently included the
suggested additional fluorinated GHG groups and associated default GWPs
in the Proposed Rule to Add GWPs. We also proposed that the group of
unsaturated compounds include unsaturated fluorinated ethers,
unsaturated halogenated esters, and fluorinated aldehydes. Following
additional research and the receipt of comments on the Proposed Rule to
Add GWPs, we decided to add four additional fluorinated GHG groups, as
described in Section II.A.2. In addition to increasing the precision
and accuracy of the default GWPs, these changes increase the precision
of the subpart L process-level reporting that relies on these chemical
groups. The analysis supporting the fluorinated GHG groups and
associated default GWPs can be found in the memorandum entitled
``Analysis of Fluorinated Greenhouse Gas Groups and Associated Default
GWPs (Revised, November 2014)'' in Docket number EPA-HQ-OAR-2009-0927.
c. Comments Received on the Proposed Amendments to Subpart L Regarding
Fluorinated GHG Groups and Responses
Comment: Three commenters supported the establishment of
fluorinated GHG groups based on chemical type for purposes of
aggregating process-level emissions and setting default GWPs, although
each commenter suggested revisions to the proposed groups.
Response: We agree that establishing fluorinated GHG groups and
GWPs based on chemical type helps to ensure that the groupings and
default GWPs convey accurate and precise information about the
atmospheric impacts of the fluorinated GHGs that fall into the groups.
The comments and responses regarding suggested changes to the proposed
fluorinated GHG groups are discussed in Section II.B.5.b of this
preamble and in the response to comments document for this rule in
Docket number EPA-HQ-OAR-2009-0927.
Comment: Three commenters supported adding chemical-specific GWPs
to Table A-1 when those values were established by an internationally
recognized scientific body, peer-reviewed, or supported by adequate
technical demonstrations.
Response: As discussed above, the EPA is amending Table A-1 to add
98 chemical-specific GWPs, which are primarily drawn from the IPCC AR5.
A discussion of the EPA's criteria for including chemical-specific GWPs
in Table A-1 can be found in the Proposed Rule to Add GWPs (79 FR
44332). As noted above, the new chemical-specific GWPs in Table A-1
will be applied to

[[Page 73769]]

the fluorinated GHGs reported under subpart L, as appropriate, as well
as under other subparts.
Comment: One commenter continued to believe that the ``best
estimate'' approach currently contained in the subpart L rule
[98.126(j)(3)] as an interim reporting construct is the most
appropriate method for determining GWPs when they are not listed in
Table A-1. However, the commenter appreciated the EPA's need to provide
a consistent method for all reporters and the F-GHG groupings included
in the subpart L proposal are acceptable. Another commenter supported
the establishment of consistent default GWPs and stated that the best-
estimate GWP process setup in the temporary subpart L reporting changes
[98.126(j)(3)] led to doubts about the accuracy, reliability, and
comparability of the data.
Response: As discussed in the Proposed Amendments to Subpart L (78
FR 69348), we believe that the replacement of ``best-estimate'' GWPs
with multiple default GWPs based on fluorinated GHG group is important
to ensuring the long-term consistency, accuracy, reliability, and
comparability of CO2e emissions estimates for fluorinated
gas producers.
Comment: One commenter requested confirmation that when Table A-1
contains a chemical-specific GWP for a fluorinated GHG, that value will
be used to calculate and report emissions, and that default values will
be used only when chemical-specific values are not available. Emissions
from each fluorinated GHG group would include compounds whose GWPs
could be either chemical-specific or default values.
Response: The commenter is correct in this interpretation. To make
this clear, we are finalizing the revisions to the definition of
``global warming potential'' that we proposed in the Proposed Rule to
Add GWPs. This revision states that the chemical-specific GWPs in Table
A-1 are required to be applied to GHGs that have chemical-specific GWPs
listed in Table A-1, while the default GWPs in Table A-1 are required
to be applied to fluorinated GHGs that do not have chemical-specific
GWPs listed in Table A-1. This is the case even when emissions of the
fluorinated GHGs are reported in terms of CO2e by
fluorinated GHG group. This will help to ensure that chemical-specific
and default GWPs are applied correctly and consistently in
CO2e calculations for subpart L and across Part 98.
Comment: Two commenters stated that it is their understanding that
the introduction of the new default GWPs would not affect threshold
evaluations that have already been conducted under subpart L (i.e.,
preliminary engineering estimates used to ascertain whether emissions
testing is required). With the revised GWPs, one commenter noted it is
possible that changes would occur in the calculations that are made
under 40 CFR 98.123(c)(1) or (2) and that calculated emissions could
increase above the 10,000 mtCO2e per year reporting
threshold. The other commenter stated their understanding is that this
would only be required for new processes or process changes. One
commenter requested that the EPA clearly state that additional testing
would not be required until some other process change required this to
be completed.
Response: Fluorinated gas producers are not required to re-perform
the preliminary calculations for each process vent emitting fluorinated
GHGs whose GWPs are increasing under this rule. However, those
preliminary calculations and the calculations performed for purposes of
annual reporting are distinct. If the emissions that facilities
calculate from a vent for purposes of annual reporting exceed the
10,000-metric-ton-CO2e threshold based on the updated GWPs,
they must perform emission testing on that vent during the following
year. This is required by the current provisions of subpart L.
40 CFR 98.123(c)(2)(i) states: ``If the calculations under
paragraph (c)(1) of this section, as well as any subsequent
measurements and calculations under this subpart, indicate that the
continuous process vent has fluorinated GHG emissions of less than
10,000 metric ton CO2e per year, summed across all operating
scenarios, then you may comply with either paragraph (c)(3) of this
section (Emission Factor approach) or paragraph (c)(4) of this section
(Emission Calculation Factor approach).'' 40 CFR 98.123(c)(2)(ii)
states ``If the continuous process vent does not meet the criteria in
paragraph (c)(2)(i) of this section then you must comply with the
emission factor method specified in paragraph (c)(3) (Emission Factor
Approach) of this section.''
In the monitoring provisions of subpart L, 40 CFR 98.124(c)(8)
further states: ``If a continuous process vent with fluorinated GHG
emissions less than 10,000 metric tons CO2e, per 40 CFR
98.123(c)(2), is later found to have fluorinated GHG emissions of
10,000 metric tons CO2e or greater, you must conduct the
emission testing for the process vent during the following year and
develop the process-vent-specific emission factor from the emissions
testing.''
Together, these paragraphs require fluorinated gas production
facilities to conduct emissions testing on continuous process vents
whose emissions are calculated to exceed 10,000 metric tons of
CO2e per year either under the preliminary calculations of
40 CFR 98.123(c)(1) or under subsequent measurements and calculations,
particularly the measurements and calculations used to estimate
emissions from the vent for every annual report. This testing must be
performed in the following year and reflected in the report for that
year. Thus, if a fluorinated gas production facility found that a vent
exceeded the threshold in 2014, the facility would be required to
perform testing by February 28, 2016 to develop an emission factor to
report the 2015 emissions from that vent.
Comment: Two commenters requested clarification that subpart L
facilities would not be required to re-perform any assessments that
were performed in previous years, such as the calculation of the
relative standard deviation of the emission factors measured to develop
a process-vent-specific emission factor, and the calculation of
differences among the emission calculation factors for different
operating scenarios implemented in previous years.
Response: Subpart L facilities are not required to recalculate
either the relative standard deviation of the emission factors measured
to develop a process-vent-specific emission factor, or the differences
among the emission calculation factors for different operating
scenarios implemented in previous years. However, in future
calculations, they are required to use the GWPs in effect at the time
of the calculation.
Comment: Two commenters requested confirmation that, for purposes
of comparing the emission calculation factors for different operating
scenarios of the same process, they should use the same GWPs in both
factors.
Response: 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 should
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 will avoid

[[Page 73770]]

the introduction of differences that are caused by differences in GWPs
rather than by changes to production processes.

C. Removal of the Mass-Balance Method From Subpart L

As proposed, we are removing the option to use a mass-balance
method from the calculation and monitoring requirements of the rule. No
facilities have used this method since RY 2011. We received no negative
comments regarding the proposed removal. However, one commenter
requested that the EPA include the mass-balance provisions in an
appendix to Part 98 for future reference (e.g., in amending past
reports) rather than referencing the Federal Register document that
included the 2010 Subpart L Rule. We are including the mass-balance
provisions in an appendix to subpart L because we are requiring full
reporting in 2015 of emissions that may have been measured using the
mass balance method during the 2011 reporting year. With the removal of
the mass-balance method, facilities will still be able to use the
emission factor and emission calculation factor approaches to monitor,
calculate, and report their fluorinated GHG emissions.

D. Clarification of the Subpart L Emission Factor Method

1. Summary of Clarification of the Emission Factor Method
The EPA is finalizing part of the proposed revision to the emission
testing requirement at 40 CFR 98.124(c)(1). For process vents for which
facilities performed scoping speciations, facilities will be required
to include in the emissions test ``any fluorinated GHG that was
identified in the initial scoping speciation'' rather than ``any
fluorinated greenhouse gas that occurs in more than trace
concentrations in the vent stream or, where a destruction device is
used, in the inlet to the destruction device.'' For process vents for
which facilities did not perform scoping speciations, facilities will
continue to be required to include ``any fluorinated greenhouse gas
that occurs in more than trace concentrations in the vent stream or,
where a destruction device is used, in the inlet to the destruction
device.'' As noted in the proposed rule, a primary purpose of the
scoping speciation was to identify fluorinated GHGs to measure in
subsequent emissions testing for the development of emission factors,
and this change ensures that the scoping speciation serves that
purpose. The set of fluorinated GHGs identified in the scoping
speciation is expected to be broader than the set of fluorinated GHGs
that occurs in more than trace concentrations in vent streams because
the scoping speciation requires the identification of fluorinated GHGs
that occur in more than trace concentration in any stream, including
process streams as well as vent streams.
As noted in the proposed rule, this requirement will be applied to
future testing, but not to past testing.
2. Changes Since the Proposed Rule
The proposed rule would also have required facilities to test for
compounds that were ``otherwise known to occur in the vent stream.'' We
are not finalizing this requirement after several commenters expressed
concerns that it would require facilities to develop costly new
protocols for fluorinated GHGs that are emitted at very low levels and
that would fall below the detection limit in many cases. The commenters
stated that the resulting testing would reveal ``little if any
additional emissions information'' and would have only ``minor impact
on the estimated total quantity of CO2e emitted
nationwide.'' To avoid the possibility of imposing large costs in order
to quantify very small emissions of fluorinated GHGs, we are following
the commenters' recommendations.
However, we plan to continue to evaluate the significance of and
feasibility of measuring emissions of fluorinated GHGs that are known
to occur in processes below trace concentrations. Based on our
experience establishing stack testing requirements for another
industry, fluorinated GHGs emitted from some types of facilities can be
detected at concentrations below 20 parts per billion, approximately
50,000 times lower than 0.1 percent, the Part 98 definition of ``trace
concentration.'' In addition, emissions of trace concentrations of
fluorinated GHGs at flow rates typical of these types of facilities
would be very high. Nevertheless, we are aware that the conditions
under which fluorinated GHGs are emitted from fluorinated gas
production facilities (e.g., diluents and flow rates) may be
significantly different from those of other facilities, indicating that
more research is needed.
In addition to potentially expanding the set of fluorinated GHGs
that must be tested for in processes for which facilities perform
scoping speciations, the ``otherwise known to occur'' language would
have covered situations in which a process vent exceeded the 10,000-
mtCO2e threshold for emission testing but did not exceed the
one-metric-ton-of-fluorinated-GHGs threshold for the scoping
speciation. This situation is expected to be rare, but could occur if
the fluorinated GHGs emitted had very high GWPs (i.e., over 10,000). To
continue to cover this situation, we are retaining the requirement to
test for ``any fluorinated greenhouse gas that occurs in more than
trace concentrations in the vent stream or, where a destruction device
is used, in the inlet to the destruction device'' for processes for
which facilities did not perform scoping speciations.

III. Overview and Approach to Final CBI Determinations

A. Final Confidentiality Determinations for New, Revised, and Unchanged
Data Elements

In this action, the EPA is finalizing both the confidentiality
determinations that were included in the Proposed Amendments to Subpart
L (for the new and substantially revised data elements) and many of the
confidentiality determinations that were included in the 2012 Proposed
Confidentiality Determinations (for the subpart L data elements that
are not being removed or substantially revised). We received only
supportive comments on the proposed confidentiality determinations for
the new and substantially revised data elements, and are finalizing the
confidentiality determinations as proposed for all 15 of those data
elements. We received multiple comments on the January 10, 2012
proposed confidentiality determinations for a number of existing
subpart L data elements, and we have addressed these comments through
the revisions to the subpart L reporting requirements being finalized
in today's action. For a list of these comments please see the comment
response document in Docket number EPA-HQ-OAR-2009-0927. We are not
finalizing determinations for reporting requirements associated with
the use of Best Available Monitoring Methods (BAMM) under subpart L.
Unlike the other data elements required to be reported under subpart L,
BAMM data elements were reported only for reporting years 2011 and 2012
because the option to use BAMM expired in reporting year 2012 . In
light of the above, we do not see a need to establish in this
rulemaking the confidentiality status of the suite of BAMM data
elements (approximately 60). In the event that we receive a request to
release this information, depending on the nature and extent of the
request, we will make such determinations either case-by-case or, if
appropriate, by finalizing the CBI determinations in a separate
rulemaking. Other than the

[[Page 73771]]

reporting requirements associated with BAMM, there are 14 existing
subpart L data elements for which we received no comment on the
proposed confidentiality determinations; we are finalizing the
confidentiality determinations as proposed for 10 of these data
elements. For the other four data elements, we have decided not to make
a final confidentiality determination, as discussed below. We are also
finalizing a confidentiality determination for a data element added
since proposal.
To make the confidentiality determinations, the EPA used the same
approach that we previously used for the 2011 final CBI rule (76 FR
30782, May 26, 2011). Specifically, for the 25 data elements (15 new
and substantially revised data elements and 10 existing data elements),
the confidentiality status of which we are finalizing today, the EPA
had proposed to assign each of these data elements to one of 11 direct
emitter data categories,\21\ based on the type and characteristics of
the data elements. For a description of each data category and the type
and characteristics of data elements assigned to each category, see
Sections II.C and II.D of the July 7, 2010 CBI proposal preamble (75 FR
39106-39130). Based on its evaluation of these 25 data elements, the
EPA proposed to assign each data element to one of the following direct
emitter data categories:
---------------------------------------------------------------------------

\21\ There are 11 data categories for direct emitter subparts.
See 2011 final CBI rule (76 FR 30782, May 26, 2011). Subpart L is a
direct emitter subpart.
---------------------------------------------------------------------------

Emissions.
Calculation Methodology and Methodological Tier.
Data Elements Reported for Periods of Missing Data that
are Not Inputs to Emission Equations.
Facility and Unit Identifier Information.
Unit/Process ``Static'' Characteristics that are Not
Inputs to Emission Equations.
Unit/Process Operating Characteristics that are Not Inputs
to Emission Equations.
Test and Calibration Methods.
In the 2011 final CBI rule (76 FR 30782, May 26, 2011), the EPA
made categorical determinations that all data elements assigned to the
``Emissions,'' ``Calculation Methodology and Methodological Tier,''
``Facility and Unit Identifier Information,'' and ``Data Elements
Reported for Periods of Missing Data that are Not Inputs to Emission
Equations'' data categories meet the definition of ``emission data'' in
40 CFR 2.301(a)(2)(i) and, thus, are not entitled to confidential
treatment. In addition, the EPA determined that all data elements
assigned to the ``Test and Calibration Methods'' data category were not
CBI. The EPA had proposed to assign 21 of the 25 data elements to one
of the above-mentioned data categories and to apply to these data
elements the categorical confidentiality determinations of their
assigned categories. The EPA is therefore finalizing the category
assignment and application of the categorical determinations as
proposed for these 21 data elements. As shown in Table 4A of this
preamble, 10 data elements are assigned to the ``Emissions'' data
category, four data elements are assigned to the ``Calculation
Methodology and Methodological Tier'' category, five data elements are
assigned to the ``Data Elements Reported for Periods of Missing Data
that are Not Inputs to Emission Equations'' data category, one data
element is assigned to the ``Facility and Unit Identifier Information''
data category, and one data element to the ``Test and Calibration
Methods'' category. Each of these 21 data elements is subject to the
categorical confidentiality determination for the data category to
which it is assigned.

Table 4A--Data Elements Assigned to the ``Emissions,'' ``Calculation
Methodology and Methodological Tier,'' ``Facility and Unit Identifier
Information,'' ``Test and Calibration Methods,'' and ``Data Elements
Reported for Periods of Missing Data That Are Not Inputs to Emission
Equations'' Data Categories
------------------------------------------------------------------------
Citation Data element
------------------------------------------------------------------------
``Emissions'' Data Category (determined to be emission data)
------------------------------------------------------------------------
40 CFR 98.126(a)(3).......................... For facilities with more
than one fluorinated gas
product: for each
generically-identified
production or
transformation process
and each fluorinated GHG
group, total GWP-
weighted emissions of
all fluorinated GHGs in
that group emitted from
the process, in metric
tons CO2e.
40 CFR 98.126(a)(4)(i)....................... For facilities with more
than one fluorinated gas
product: for each
fluorinated GHG with
emissions of 1,000
metric tons of CO2e or
more from production and
transformation
processes, summed across
the facility as a whole,
the total mass in metric
tons of the fluorinated
GHG emitted from
production and
transformation
processes, summed across
the facility as a whole.
40 CFR 98.126(a)(4)(ii)...................... For facilities with more
than one fluorinated gas
product: total GWP-
weighted emissions of
all other fluorinated
GHGs from production and
transformation processes
by fluorinated GHG group
for the facility as a
whole, in metric tons of
CO2e.
40 CFR 98.126(a)(5).......................... For facilities that
produce only one
fluorinated gas product:
aggregated total GWP-
weighted emissions of
fluorinated GHGs from
production and
transformation processes
by fluorinated GHG group
for the facility as a
whole, in metric tons of
CO2e.
40 CFR 98.126(a)(5).......................... Where facilities produce
only one fluorinated gas
product but emissions
from production and
transformation processes
consist of a major
fluorinated GHG
constituent of that
fluorinated gas product,
and the product is sold
or transferred to
another person: total
mass in metric tons of
each fluorinated GHG
emitted from production
and transformation
processes that is a
major fluorinated GHG
constituent of the
product.
40 CFR 98.126(c)(3).......................... For the emission factor
and emission factor
calculation method: for
each process and each
fluorinated GHG group,
the total GWP-weighted
mass of all fluorinated
GHGs in that group
emitted from all process
vents combined, in
metric tons of CO2e.
40 CFR 98.126(c)(4).......................... For the emission factor
and emission factor
calculation method: for
each process and each
fluorinated GHG group,
the total GWP-weighted
mass of all fluorinated
GHGs in that group
emitted from equipment
leaks, in metric tons of
CO2e.
40 CFR 98.126(e)............................. For each fluorinated gas
production facility that
destroys fluorinated
GHGs, report the excess
emissions that result
from malfunctions of the
destruction device.

[[Page 73772]]

40 CFR 98.126(g)(2).......................... For each fluorinated gas
production facility that
destroys fluorinated
GHGs, report the mass of
each previously produced
fluorinated GHG emitted
from the destruction
device (metric tons).
40 CFR 98.126(h)(1).......................... For each fluorinated gas
production facility that
vents residual
fluorinated GHGs from
containers, report, for
each fluorinated GHG
vented, the mass of the
residual fluorinated GHG
vented from containers
annually (metric tons).
------------------------------------------------------------------------
``Calculation Methodology and Methodological Tier'' Data Category
(determined to be emission data)
------------------------------------------------------------------------
40 CFR 98.126(a)(2)(iv)...................... For each generically
identified fluorinated
gas production and
transformation process
and each fluorinated GHG
group at the facility:
the methods used to
determine the mass
emissions of that
fluorinated GHG group
from that process from
process vents.
40 CFR 98.126(a)(2)(v)....................... For each generically
identified fluorinated
gas production and
transformation process
and each fluorinated GHG
group at the facility:
the methods used to
determine the mass
emissions of that
fluorinated GHG group
from that process from
equipment leaks, unless
the mass balance method
was used (for RYs 2011,
2012, 2013 and 2014
only).
40 CFR 98.126(b)(1).......................... For the mass-balance
approach (for RYs 2011,
2012, 2013 and 2014
only): the overall
absolute and relative
errors calculated for
the process under the
former 40 CFR
98.123(b)(1), in tons
and decimal fraction,
respectively.
40 CFR 98.126(b)(2).......................... For the mass-balance
approach (for RYs 2011,
2012, 2013 and 2014
only): the method used
to estimate the total
mass of fluorine in
destroyed or recaptured
streams (specify the
former 40 CFR
98.123(b)(4) or (15)).
------------------------------------------------------------------------
``Data Elements Reported for Periods of Missing Data That Are Not Inputs
to Emission Equations'' Data Category (determined to be emission data)
------------------------------------------------------------------------
40 CFR 98.126(d)(1).......................... Where missing data have
been estimated pursuant
to 40 CFR 98.125, the
generically identified
process for which the
data were missing.
40 CFR 98.126(d)(2).......................... Where missing data have
been estimated according
to 40 CFR 98.125, the
reason the data were
missing.
40 CFR 98.126(d)(2).......................... Where missing data have
been estimated according
to 40 CFR 98.125, the
length of time the data
were missing.
40 CFR 98.126(d)(2).......................... Where missing data have
been estimated according
to 40 CFR 98.125, the
method used to estimate
the missing data.
40 CFR 98.126(d)(3).......................... Where missing data have
been estimated according
to 98.125, estimates of
the missing data for all
missing data associated
with data elements
required to be reported
in this section.
------------------------------------------------------------------------
``Facility and Unit Identifier Information'' Data Category (determined
to be emission data)
------------------------------------------------------------------------
40 CFR 98.126(a)(2)(i)....................... For each generically
identified production
and transformation
process at the facility:
a number, letter, or
other identifier for the
process. This identifier
must be consistent from
year to year.
------------------------------------------------------------------------
``Test and Calibration Methods'' Data Category (determined not to be
CBI)
------------------------------------------------------------------------
40 CFR 98.126(f)(3).......................... For each fluorinated gas
production facility that
destroys fluorinated
GHGs, the date of the
most recent destruction
device test.
------------------------------------------------------------------------

In the Proposed Amendments to Subpart L, the EPA proposed to assign
two new data elements to the ``Unit/Process `Static' Characteristics
that are Not Inputs to Emission Equations'' category and one new data
element to the ``Unit/Process Operating Characteristics that are Not
Inputs to Emission Equations'' category. In addition, the EPA had
proposed to assign one existing data element to the ``Unit/Process
Operating Characteristics that are Not Inputs to Emission Equations''
in the 2012 Proposed Confidentiality Determinations. In the 2011 final
CBI rule, the EPA determined that the data elements in these categories
are not ``emission data'' (as defined at 40 CFR 2.301(a)(2)(i)).
However, instead of categorical determinations, the EPA made
confidentiality determinations for individual data elements assigned to
these categories. In proposing these determinations, the EPA considered
the confidentiality criteria at 40 CFR 2.208, in particular whether
release of the data is likely to cause substantial harm to the
business's competitive position. See 40 CFR 2.208(e)(1). The EPA
followed the same approach and proposed individual confidentiality
determination for each of the four data elements assigned to these two
data categories. The EPA received no comment on these proposed
determinations and we are finalizing these determinations as proposed.
Table 4B of this preamble identifies these four data elements along
with their confidentiality determinations and the supporting
rationales.

[[Page 73773]]

Table 4B--Final Confidentiality Determinations for New Data Elements Assigned to the ``Unit/Process `Static'
Characteristics That Are Not Inputs to Emission Equations'' and the ``Unit/Process Operating Characteristics
That Are Not Inputs to Emission Equations'' Data Categories
----------------------------------------------------------------------------------------------------------------
Rationale for
Citation Data element Confidentiality confidentiality
determination determination
----------------------------------------------------------------------------------------------------------------
Unit/Process `Static' Characteristics That Are Not Inputs to Emission Equations
----------------------------------------------------------------------------------------------------------------
40 CFR 98.126(a)(2)(ii)..................... For each Not CBI................. This data element
generically would reveal only
identified general
production and information about
transformation the type of
process at the operation, which
facility: would not reveal
indication of any information
whether the about the
process is a production process
fluorinated gas (e.g., number of
production process steps,
process, a manufacturing
fluorinated gas efficiencies,
transformation novel productions
process where no methods) that
fluorinated GHG would allow
reactant is competitors to
produced at gain a competitive
another facility, advantage.
or a fluorinated
gas transformation
process where one
or more
fluorinated GHG
reactants are
produced at
another facility.
40 CFR 98.126(a)(2)(iii).................... For each Not CBI................. This data element
generically- would reveal only
identified a general
production and description of the
transformation type of production
process at the process, which
facility: would not reveal
Indication of any information
whether the about the process
process could be (e.g., number of
characterized as process steps,
reaction, manufacturing
distillation, or efficiencies,
packaging (include novel productions
all that apply). methods) that
would allow
competitors to
gain a competitive
advantage.
----------------------------------------------------------------------------------------------------------------
Unit/Process Operating Characteristics That Are Not Inputs to Emission Equations
----------------------------------------------------------------------------------------------------------------
40 CFR 98.126(a)(6)......................... For each Not CBI................. This data element
generically would place the
identified effective DE for
process, the range the process in a
in Table L-2 that range. For any
encompasses the given level of
effective DE, emissions, this
DEeffective, range would
calculated for correspond to a
that process using range of masses
Equation L-35, vented to the
based on CO2e. destruction device
that spanned a
factor of four or
more. Thus, even
if competitors had
a rough estimate
of the quantity of
the product
produced (e.g.,
from sources other
than the GHGRP),
this information
would not reveal
any information
about the process
(e.g.,
manufacturing
efficiencies) that
would allow
competitors to
gain a competitive
advantage.
40 CFR 98.126(f)(4)......................... For each Not CBI................. This data element
fluorinated gas would not reveal
production any information
facility that about the process
destroys (e.g.,
fluorinated GHGs, manufacturing
the name of all efficiencies) that
applicable federal would allow
or state competitors to
regulations that gain a competitive
may apply to the advantage.
destruction
process.
----------------------------------------------------------------------------------------------------------------

The EPA has decided not to make a final determination for four
existing data elements that remain unchanged in today's amendments:
For each fluorinated gas production facility that destroys
fluorinated GHGs, chemical identity of the F-GHG(s) used in the
performance test conducted to determine DE, including surrogates (40
CFR 98.126(f)(2)).
For each fluorinated gas production facility that destroys
fluorinated GHGs, information on why the surrogate is sufficient to
demonstrate the DE for each fluorinated GHG (40 CFR 98.126(f)(2)).
For each fluorinated gas production facility that destroys
fluorinated GHGs, submit a one-time report describing measurements,
research, or analysis that relate to the formation of products of
incomplete combustion that are fluorinated GHGs during the destruction
of fluorinated gases, including methods and results (40 CFR 98.126(i)).
The report must include the methods and results of any
measurement or modeling studies, including the products of incomplete
combustion for which the exhaust stream was analyzed, as well as copies
of relevant scientific papers, if available, or citations of the
papers, if they are not (40 CFR 98.126(i)).
In the 2012 Proposed CBI Determinations, the EPA proposed that
these four data elements are non-CBI. Although the EPA did not receive
specific comments on these four proposed determinations, the EPA
received comments that raised concerns regarding the disclosure of the
contents of process streams including information that could be
revealed with the disclosure of these four data elements. The EPA
concluded that the nature of the information submitted under these data
elements could vary significantly among reporters and may include
information related to the contents of process streams. For example,
some reporters may submit information related to the contents of
process streams as part of their demonstration of why the surrogate
compound is sufficient to demonstrate the DE for each fluorinated GHG.
However, the EPA anticipates that other facilities may submit
information unrelated to the contents of process streams. In light of
the above, the EPA

[[Page 73774]]

is not making final confidentiality determinations for these data
elements. Any confidentiality status of these data elements will be
evaluated on a case-by-case basis, in accordance with the existing CBI
regulations in 40 CFR part 2, subpart B.
We are finalizing a confidentiality determination for the data
reporting element that was added to 40 CFR 98. 3(c)(4)(iii)(E) since
proposal; as a result we did not propose a confidentiality
determination for this data element. This data element specifies that
if a fluorinated GHG does not have a chemical-specific GWP in Table A-
1, then reporters must ``report the fluorinated GHG group of which that
fluorinated GHG is a member'' This data reporting element clearly fits
into the ``Calculation Methodology and Methodological Tier'' Data
Category'' as it allows the EPA to determine whether the correct method
was used, or specifically, whether an appropriate GWP was applied.
Therefore, we are assigning it to this data category and applying the
categorical determination for this category, which is emission data.
Lastly, we note that we have already established in a previous
rulemaking the confidentiality status of the data element in 40 CFR
98.126(d) that is included in today's final rule. As explained in
Section II.B.2.b of this preamble, this data element is among the data
already required to be reported under subpart A, 40 CFR 98.3(c)(8), but
that we are now requiring its reporting explicitly under subpart L 40
CFR 98.126(d) for clarity. (This data element is the generically
identified process for which data were missing, discussed in Section
II.B.2.b of this preamble.) In 76 FR 30782, we determined that the data
to be reported under 40 CFR 98.3(c)(8), including the data required
under the new 40 CFR 98.126(d), are emission data, and therefore are
not entitled to confidential treatment. Therefore, no separate
confidentiality determination is necessary due to the addition of 40
CFR 98.126(d).

B. Public Comments on the Proposed Confidentiality Determinations and
Responses to Public Comment

The EPA is finalizing all confidentiality determinations for the
new and substantially revised data elements as they were proposed.
Please refer to the preamble for the Proposed Amendments to Subpart L
for additional information regarding the proposed confidentiality
determinations. Two commenters noted that the proposed CBI
determinations were acceptable, given other changes to the rule and the
transition to reporting by F-GHG groups. For comments and responses
regarding confidentiality determinations for new and revised data
elements, please refer to the comment response document in Docket ID.
No. EPA-HQ-OAR-2009-0927.
The EPA is also finalizing proposed confidentiality determinations
for 10 existing data elements. Please see the preamble for the 2012
Proposed Confidentiality Determinations for additional information
regarding the proposed confidentiality determinations. We did not
receive any comments on these determinations.

IV. Impacts of the Final Rule

The EPA has determined that the cost associated with this final
action will be $792 in the first year of implementation and $0 in each
subsequent year, as further summarized below. These costs are related
to the implementation of the alternative verification approach
addressing the inputs to emission equations for which disclosure
concerns were identified. A full discussion of these impacts may be
found in the memorandum ``Assessment of Cost Impacts of 2015 Inputs
Proposal--Revisions to Reporting, Recordkeeping, and Verification
Requirements Under the Greenhouse Gas Reporting Program,'' August 2013,
available in the EPA's docket number EPA-HQ-OAR-2010-0929. The EPA has
determined that the other amendments to subpart L and subpart A being
finalized in this action will not result in an increase in costs. A
full discussion of the impacts of the other amendments may be found in
the ``2013 Amendments to the Greenhouse Gas Reporting Rule for the
Fluorinated Gas Production Source Category Cost Memo'' in docket number
EPA-HQ-OAR-2009-0927.

A. How were the costs of this final rule estimated?

1. Inputs Verification Tool
The data elements required to be used for calculating the annual
GHG emissions values, and the cost associated with collecting these
data elements, have not changed from the estimate made during the
original rulemaking process. The time associated with entry of these
inputs to emission equations into e-GGRT (including into the new IVT)
is expected to be equivalent to the time originally anticipated for
data entry. Prior to using IVT, as currently required, reporters must
use their own calculation tool (e.g., calculator, calculation software)
to calculate the annual GHG emissions values, using the same sets of
equations and entering the same data elements that they would enter
into the tool.
The EPA does recognize, however, that there may be some time
associated with learning the new procedures for IVT and we have
estimated a cost of approximately $66 per facility, or $792 for the
first year for all 12 subpart L facilities that do not also report
under subpart O. (The burden and costs for the four facilities that
report under both subpart O and subpart L are already accounted for in
the Final Inputs Rule.) During their first session using IVT, reporters
would need to spend approximately one hour to become familiar with how
the tool operates within e-GGRT. The requirement to use IVT would not
result in any change in the respondent activity of entering these data
into e-GGRT. Once the reporter has become familiar with the tool, the
EPA does not anticipate any additional burden. The cost includes
technical, clerical, and managerial labor hours. For further
information about this cost estimate, refer to the memorandum
``Assessment of Cost Impacts of 2015 Inputs Final Rule--Revisions to
Reporting, Recordkeeping, and Verification Requirements Under the
Greenhouse Gas Reporting Program'' (September 2014) and the supporting
statement for the information collection request, ``Supporting
Statement, Environmental Protection Agency: Revisions to Reporting and
Recordkeeping Requirements, and Final Confidentiality Determinations
Under the Greenhouse Gas Reporting Program, Office of Management and
Budget (OMB) Control Number 2060-0629, ICR Number 2300.12,'' both
available in Docket ID No. EPA-HQ-OAR-2010-0929.

B. Do the final confidentiality determinations change the impacts of
the final amendments?

The final confidentiality determinations for the new data elements
would not affect whether and how data are reported and, therefore,
would not impose any additional burden on sources. Whether a data
reporting element is determined to be CBI, not CBI, or emission data,
the reporting element is reported to the EPA through e-GGRT in the same
manner.

V. 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

[[Page 73775]]

Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore
not subject to review under Executive Orders 12866 and 13563 (76 FR
3821, January 21, 2011). This action (1) amends certain provisions of
the Fluorinated Gas Production source category, including finalizing an
alternative verification approach for this source category in lieu of
collecting certain data elements for which the EPA has identified
disclosure concerns and for which the reporting deadline was deferred
until March 31, 2015, (2) adds chemical-specific and default GWPs for a
number of fluorinated greenhouse gases and fluorinated heat transfer
fluids to the general provisions of the Greenhouse Gas Reporting Rule,
and (3) finalizes confidentiality determinations for certain reporting
requirements of the Fluorinated Gas Production source category.

B. Paperwork Reduction Act

The Office of Management and Budget (OMB) has approved the
information collection requirements for 40 CFR part 98 under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and
has assigned OMB control numbers 2060-0629 and 2060-0650, respectively,
and ICR 2300.10. The OMB control numbers for the EPA's regulations in
40 CFR are listed in 40 CFR part 9. The revisions in this final action
result in a small increase in burden, and the ICR will be modified to
reflect this burden change. Further information on the EPA's assessment
on the impact on burden can be found in the analyses ``Assessment of
Cost Impacts of 2015 Inputs Proposal--Revisions to Reporting,
Recordkeeping, and Verification Requirements Under the Greenhouse Gas
Reporting Program,'' August 2013, available in the EPA's Docket ID No.
EPA-HQ-OAR-2010-0929, in the ``2013 Amendments to the Greenhouse Gas
Reporting Rule for the Fluorinated Gas Production Source Category Cost
Memo'' and ``Economic Analysis of Adding Chemical-Specific and Default
GWPs to Table A-1'', both in docket number EPA-HQ-OAR-2009-0927.
This action (1) amends certain provisions of the Fluorinated Gas
Production source category, including finalizing an alternative
verification approach for this source category in lieu of collecting
certain data elements for which the EPA has identified disclosure
concerns and for which the reporting deadline was deferred until March
31, 2015, (2) adds chemical-specific and default GWPs for a number of
fluorinated greenhouse gases and fluorinated heat transfer fluids to
the general provisions of the Greenhouse Gas Reporting Rule, and (3)
finalizes confidentiality determinations for certain reporting
requirements of the Fluorinated Gas Production source category.

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 impact of this final 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 that is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The addition
of chemical-specific and default GWPs to subpart A is not expected to
affect the applicability of the rule to small entities. The amendments
to subpart L (including the requirement to enter inputs to subpart L
emission equations into IVT) affect fluorinated gas producers, none of
which are small entities.
Although this final rule will not have a significant economic
impact on a substantial number of small entities, the EPA nonetheless
has tried to reduce the impact of Part 98 on small entities. For
example, the EPA conducted several meetings with industry associations
to discuss regulatory options and the corresponding burden on industry,
such as recordkeeping and reporting. The EPA continues to conduct
significant outreach on Part 98 and maintains an ``open door'' policy
for stakeholders to help inform the EPA's understanding of key issues
for the industries.

D. Unfunded Mandates Reform Act (UMRA)

The final rule amendments and confidentiality determinations 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 final rule
amendments and confidentiality determinations are not subject to the
requirements of Sections 202 and 205 of the UMRA.
This final 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 rule include fluorinated gas producers,
electronics manufacturers, magnesium producers and processors,
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 that contain fluorinated
GHGs. 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 will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. For a more detailed discussion
about how Part 98 relates to existing state programs, please see
Section II of the preamble to the final Greenhouse Gas reporting rule
(74 FR 56266, October 30, 2009).
The final amendments and confidentiality determinations apply
directly to fluorinated gas producers, electronics manufacturers,
magnesium producers and processors, 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 that contain fluorinated GHGs. They do not apply to
governmental entities unless the government entity owns a facility that
falls into one of these categories and that emits or supplies
fluorinated GHGs above threshold levels. We are not aware of any
governmental entities that would be affected. This regulation also does
not limit the power of states or localities to collect GHG data and/or
regulate GHG emissions. Thus, Executive Order 13132 does not apply to
this action.
Although Section 6 of Executive Order 13132 does not apply to this

[[Page 73776]]

action, the EPA did consult with state and local officials or
representatives of state and local governments in developing subpart L,
promulgated 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 solicited comment on the proposed
action from state and local officials. We received no comments from
state and local officials on the proposed rule.

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

This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). The final
amendments and confidentiality determinations apply to fluorinated gas
producers, electronics manufacturers, magnesium producers and
processors, 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 that contain fluorinated
GHGs. They will not have tribal implications unless the tribal entity
owns a facility that falls into one of these categories and that emits
or supplies fluorinated GHGs above threshold levels. We are not aware
of any tribal facilities that will be affected. Thus, Executive Order
13175 does not apply to this action.

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

The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying only to those regulatory actions that concern health
or safety risks, such that the analysis required under Section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.

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

This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.

I. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113 (15 U.S.C. 272 note), directs
the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs the EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This final rule does not involve any new technical standards.
Therefore, the EPA did not consider the use of specific 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 final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations. It does not affect the
level of protection provided to human health or the environment because
it is a rule addressing information collection and reporting
procedures.

K. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective on January 1, 2015.

List of Subjects 40 CFR Part 98

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

Dated: November 25, 2014.
Gina McCarthy,
Administrator.
For the reasons stated in the preamble, part 98 of title 40,
chapter I, of the Code of Federal Regulations is amended as follows:

PART 98--MANDATORY GREENHOUSE GAS REPORTING

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

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

Subpart A--General Provisions

0
2. Section 98.2 is amended by revising paragraphs (b)(1) and (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.

[[Page 73777]]

[GRAPHIC] [TIFF OMITTED] TR11DE14.000

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 paragraphs (c)(4)(iii)(E) and (F) and (c)(5)(i) and (ii);
0
b. Removing and reserving paragraph (c)(4)(vi);
0
c. Revising paragraph (k);
0
d. Revising paragraphs (l) introductory text, (1)(1), and (1)(2)
introductory text;
0
e. Revising paragraphs (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) * * *
(E) Each fluorinated GHG (as defined in Sec. 98.6), except
fluorinated gas production facilities must comply with Sec. 98.126(a)
rather than this paragraph (c)(4)(iii)(E). If a fluorinated GHG does
not have a chemical-specific GWP in Table A-1 of this subpart, identify
and report the fluorinated GHG group of which that fluorinated GHG is a
member.
(F) For electronics manufacturing (as defined in Sec. 98.90), each
fluorinated heat transfer fluid (as defined in Sec. 98.98) that is not
also a fluorinated GHG as specified under (c)(4)(iii)(E) of this
section. If a fluorinated heat transfer fluid does not have a chemical-
specific GWP in Table A-1 of this subpart, identify and report the
fluorinated GHG group of which that fluorinated heat transfer fluid is
a member.
* * * * *
(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.
* * * * *
(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 published.
(2) A facility or supplier that was already subject to one or more
subparts of part 98 but becomes subject to one or more additional
subparts due to a change in the GWP for one or more compounds in Table
A-1 of this subpart, is not required to include those subparts to which
the facility is subject only due to the change in the GWP in the annual
GHG report submitted for the reporting year during which the change in
GWPs is published.
(3) Starting on January 1 of the year after the year during which
the change in GWPs is published, 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
published, owners or operators subject to this paragraph (l) may use
best available monitoring methods for any parameter (e.g., fuel use,
feedstock rates) that cannot reasonably be measured according to the
monitoring and QA/QC requirements of a relevant subpart. The owner or
operator must use the calculation methodologies and equations in the
``Calculating GHG Emissions'' sections of each relevant subpart, but
may use the best available monitoring method for any parameter for
which it is not reasonably feasible to acquire, install, and operate a
required piece of monitoring equipment by January 1 of the year after
the year during which the change in GWPs is published. Starting no
later than April 1 of the year after the year during which the change
in GWPs is published, the owner or operator must discontinue using best
available methods and begin following all applicable monitoring and QA/
QC requirements of this part, except as provided in paragraph (l)(2) of
this section. Best available monitoring methods means any of the
following methods:
* * * * *
(2) Requests for extension of the use of best available monitoring
methods. The owner or operator may submit a request to the
Administrator to use one or more best available monitoring methods
beyond March 31 of the year after the year during which the change in
GWPs is published.
(i) Timing of request. The extension request must be submitted to
EPA no later than January 31 of the year after the year during which
the change in GWPs is published.
(ii) * * *
(C) A description of the reasons that the needed equipment could
not be obtained and installed before April 1 of the year after the year
during which the change in GWPs is published.
(D) If the reason for the extension is that the equipment cannot be
purchased and delivered by April 1 of the year after the year during
which the change in GWPs is published, include supporting documentation
such as the date the monitoring equipment was ordered, investigation of
alternative suppliers and the dates by which alternative vendors
promised delivery, backorder notices or unexpected delays,

[[Page 73778]]

descriptions of actions taken to expedite delivery, and the current
expected date of delivery.
(E) If the reason for the extension is that the equipment cannot be
installed without a process unit shutdown, include supporting
documentation demonstrating that it is not practicable to isolate the
equipment and install the monitoring instrument without a full process
unit shutdown. Include the date of the most recent process unit
shutdown, the frequency of shutdowns for this process unit, and the
date of the next planned shutdown during which the monitoring equipment
can be installed. If there has been a shutdown or if there is a planned
process unit shutdown between November 29 of the year during which the
change in GWPs is published and April 1 of the year after the year
during which the change in GWPs is published, include a justification
of why the equipment could not be obtained and installed during that
shutdown.
* * * * *
(iii) Approval criteria. To obtain approval, the owner or operator
must demonstrate to the Administrator's satisfaction that it is not
reasonably feasible to acquire, install, and operate a required piece
of monitoring equipment by April 1 of the year after the year during
which the change in GWPs is published. The use of best available
methods under this paragraph (l) will not be approved beyond December
31 of the year after the year during which the change in GWPs is
published.

0
4. Section 98.5 is amended by revising paragraph (b) to read as
follows:

Sec. 98.5 How is the report submitted?

* * * * *
(b) For reporting year 2014 and thereafter, unless a later year is
specified in the applicable recordkeeping section, you must enter into
verification software specified by the Administrator the data specified
in the verification software records provision in each applicable
recordkeeping section. For each data element entered into the
verification software, if the software produces a warning message for
the data value and you elect not to revise the data value, you may
provide an explanation in the verification software of why the data
value is not being revised.

0
5. Section 98.6 is amended by:
0
a. Adding, in alphabetical order, the definition for
Carbonofluoridates;
0
b. Adding, in alphabetical order, the definition for Fluorinated
acetates;
0
c. Adding, in alphabetical order, the definition for Fluorinated
alcohols other than fluorotelomer alcohols;
0
d. Adding, in alphabetical order, the definition for Fluorinated
formates;
0
e. Adding, in alphabetical order, the definition for Fluorinated GHG
group;
0
f. Adding, in alphabetical order, the definition for Fluorotelomer
alcohols;
0
g. Adding, in alphabetical order, the definition for Fully fluorinated
GHGs;
0
h. Revising the definition for Global warming potential;
0
i. Adding, in alphabetical order, the definition for Other fluorinated
GHGs;
0
j. Adding, in alphabetical order, the definition for Saturated
hydrochlorofluoroethers (HCFEs);
0
k. Adding, in alphabetical order, the definition for Saturated
hydrofluorocarbons (HFCs);
0
l. Adding, in alphabetical order, the definition for Saturated
hydrofluoroethers (HFEs);
0
m. Adding, in alphabetical order, the definition for Unsaturated
halogenated ethers.
0
n. Adding, in alphabetical order, the definition for Unsaturated
hydrochlorofluorocarbons (HCFCs);
0
o. Adding, in alphabetical order, the definition for Unsaturated
hydrofluorocarbons (HFCs); and
0
p. Adding, in alphabetical order, the definition for Unsaturated
perfluorocarbons (PFCs).
The revisions and additions read as follows:

Sec. 98.6 Definitions.

* * * * *
Carbonofluoridates means fluorinated GHGs that are composed of a -
OCF(O) group (carbonyl group with a single-bonded oxygen atom and a
fluorine atom) that is linked on the single-bonded oxygen to another
hydrocarbon group in which one or more of the hydrogen atoms may be
replaced by fluorine atoms.
* * * * *
Fluorinated acetates means fluorinated GHGs that are composed of an
acetate group with one or more valence locations on the methyl group of
the acetate occupied by fluorine atoms (e.g., CFH2C(O)O-,
CF2HC(O)O-) and, linked to the single-bonded oxygen of the
acetate group, another hydrocarbon group in which one or more of the
hydrogen atoms may be replaced by fluorine atoms.
Fluorinated alcohols other than fluorotelomer alcohols means
fluorinated GHGs that include an alcohol functional group (-OH) and
that do not meet the definition of fluorotelomer alcohols.
Fluorinated formates means fluorinated GHGs that are composed of a
formate group -OCH(O) (carbonyl group with a single-bonded oxygen, and
with a hydrogen atom) that is linked on the single-bonded oxygen atom
to a hydrocarbon group in which one or more of the hydrogen atoms in
the hydrocarbon group is replaced by fluorine atoms; the typical
formula for fluorinated formates is FnROCH(O).
* * * * *
Fluorinated greenhouse gas (GHG) group means one of the following
sets of fluorinated GHGs: Fully fluorinated GHGs; saturated
hydrofluorocarbons with 2 or fewer carbon-hydrogen bonds; saturated
hydrofluorocarbons with 3 or more carbon-hydrogen bonds; saturated
hydrofluoroethers and hydrochlorofluoroethers with 1 carbon-hydrogen
bond; saturated hydrofluoroethers and hydrochlorofluoroethers with 2
carbon-hydrogen bonds; saturated hydrofluoroethers and
hydrochlorofluoroethers with 3 or more carbon-hydrogen bonds;
fluorinated formates; fluorinated acetates, carbonofluoridates, and
fluorinated alcohols other than fluorotelomer alcohols; unsaturated
PFCs, unsaturated HFCs, unsaturated HCFCs, unsaturated halogenated
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

[[Page 73779]]

fluorinated GHG group of which the GHG is a member.
* * * * *
Other fluorinated GHGs means fluorinated GHGs that are none of the
following: Fully fluorinated GHGs; saturated hydrofluorocarbons with 2
or fewer carbon-hydrogen bonds; saturated hydrofluorocarbons with 3 or
more carbon-hydrogen bonds; saturated hydrofluoroethers and
hydrochlorofluoroethers with 1 carbon-hydrogen bond; saturated
hydrofluoroethers and hydrochlorofluoroethers with 2 carbon-hydrogen
bonds; saturated hydrofluoroethers and hydrochlorofluoroethers with 3
or more carbon-hydrogen bonds; fluorinated formates; fluorinated
acetates, carbonofluoridates, and fluorinated alcohols other than
fluorotelomer alcohols; unsaturated PFCs, unsaturated HFCs, unsaturated
HCFCs, unsaturated halogenated ethers, unsaturated halogenated esters,
fluorinated aldehydes, and fluorinated ketones; fluorotelomer alcohols;
or fluorinated GHGs with carbon-iodine bonds.
* * * * *
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 halogenated 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
6. 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............................. \a\ 25
Nitrous oxide................................. 10024-97-2 N2O............................. \a\ 298
----------------------------------------------------------------------------------------------------------------
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
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-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
PFC-9-1-18.................................... 306-94-5 C10F18.......................... 7,500
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) With Two or Fewer Carbon-Hydrogen Bonds
----------------------------------------------------------------------------------------------------------------
HFC-23........................................ 75-46-7 CHF3............................ \a\ 14,800
HFC-32........................................ 75-10-5 CH2F2........................... \a\ 675
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-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

[[Page 73780]]

HFC-236fa..................................... 690-39-1 C3H2F6.......................... \a\ 9,810
HFC-329p...................................... 375-17-7 CHF2CF2CF2CF3................... \b\ 2360
HFC-43-10mee.................................. 138495-42-8 CF3CFHCFHCF2CF3................. \a\ 1,640
----------------------------------------------------------------------------------------------------------------
Saturated Hydrofluorocarbons (HFCs) With Three or More Carbon-Hydrogen Bonds
----------------------------------------------------------------------------------------------------------------
HFC-41........................................ 593-53-3 CH3F............................ \a\ 92
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-245ca..................................... 679-86-7 C3H3F5.......................... \a\ 693
HFC-245cb..................................... 1814-88-6 CF3CF2CH3....................... \b\ 4620
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-365mfc.................................... 406-58-6 CH3CF2CH2CF3.................... 794
----------------------------------------------------------------------------------------------------------------
Saturated Hydrofluoroethers (HFEs) and Hydrochlorofluoroethers (HCFEs) With One Carbon-Hydrogen Bond
----------------------------------------------------------------------------------------------------------------
HFE-125....................................... 3822-68-2 CHF2OCF3........................ 14,900
HFE-227ea..................................... 2356-62-9 CF3CHFOCF3...................... 1,540
HFE-329mcc2................................... 134769-21-4 CF3CF2OCF2CHF2.................. 919
HFE-329me3.................................... 428454-68-6 CF3CFHCF2OCF3................... \b\ 4,550
1,1,1,2,2,3,3-Heptafluoro-3-(1,2,2,2- 3330-15-2 CF3CF2CF2OCHFCF3................ \b\ 6,490
tetrafluoroethoxy)-propane.
----------------------------------------------------------------------------------------------------------------
Saturated HFEs and HCFEs With Two Carbon-Hydrogen Bonds
----------------------------------------------------------------------------------------------------------------
HFE-134 (HG-00)............................... 1691-17-4 CHF2OCHF2....................... 6,320
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-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-43-10pccc (H-Galden 1040x, HG-11)......... E1730133 CHF2OCF2OC2F4OCHF2.............. 1,870
HCFE-235ca2 (Enflurane)....................... 13838-16-9 CHF2OCF2CHFCl................... \b\ 583
HCFE-235da2 (Isoflurane)...................... 26675-46-7 CHF2OCHClCF3.................... 350
HG-02......................................... 205367-61-9 HF2C-(OCF2CF2)2-OCF2H........... \b\ 3,825
HG-03......................................... 173350-37-3 HF2C-(OCF2CF2)3-OCF2H........... \b\ 3,670
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
1,1,3,3,4,4,6,6,7,7,9,9,10,10,12,12,13,13,15,1 173350-38-4 HCF2O(CF2CF2O)4CF2H............. \b\ 3,630
5-eicosafluoro-2,5,8,11,14-
Pentaoxapentadecane.
1,1,2-Trifluoro-2-(trifluoromethoxy)-ethane... 84011-06-3 CHF2CHFOCF3..................... \b\ 1,240
Trifluoro(fluoromethoxy)methane............... 2261-01-0 CH2FOCF3........................ \b\ 751
----------------------------------------------------------------------------------------------------------------
Saturated HFEs and HCFEs With Three or More Carbon-Hydrogen Bonds
----------------------------------------------------------------------------------------------------------------
HFE-143a...................................... 421-14-7 CH3OCF3......................... 756
HFE-245cb2.................................... 22410-44-2 CH3OCF2CF3...................... 708
HFE-245fa1.................................... 84011-15-4 CHF2CH2OCF3..................... 286
HFE-245fa2.................................... 1885-48-9 CHF2OCH2CF3..................... 659
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-347mcf2................................... 171182-95-9 CF3CF2OCH2CHF2.................. 374
HFE-347mmy1................................... 22052-84-2 CH3OCF(CF3)2.................... 343
HFE-347mmz1 (Sevoflurane)..................... 28523-86-6 (CF3)2CHOCH2F................... \c\ 216
HFE-347pcf2................................... 406-78-0 CHF2CF2OCH2CF3.................. 580
HFE-356mec3................................... 382-34-3 CH3OCF2CHFCF3................... 101
HFE-356mff2................................... 333-36-8 CF3CH2OCH2CF3................... \b\ 17

[[Page 73781]]

HFE-356mmz1................................... 13171-18-1 (CF3)2CHOCH3.................... 27
HFE-356pcc3................................... 160620-20-2 CH3OCF2CF2CHF2.................. 110
HFE-356pcf2................................... 50807-77-7 CHF2CH2OCF2CHF2................. 265
HFE-356pcf3................................... 35042-99-0 CHF2OCH2CF2CHF2................. 502
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-2,5- 920979-28-8 C12H5F19O2...................... \b\ 56
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
Fluoro(methoxy)methane........................ 460-22-0 CH3OCH2F........................ \b\ 13
1,1,2,2-Tetrafluoro-3-methoxy-propane; Methyl 60598-17-6 CHF2CF2CH2OCH3.................. \b\ 0.5
2,2,3,3-tetrafluoropropyl ether.
1,1,2,2-Tetrafluoro-1-(fluoromethoxy)ethane... 37031-31-5 CH2FOCF2CF2H.................... \b\ 871
Difluoro(fluoromethoxy)methane................ 461-63-2 CH2FOCHF2....................... \b\ 617
Fluoro(fluoromethoxy)methane.................. 462-51-1 CH2FOCH2F....................... \b\ 130
----------------------------------------------------------------------------------------------------------------
Fluorinated Formates
----------------------------------------------------------------------------------------------------------------
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
2,2,2-Trifluoroethyl formate.................. 32042-38-9 HCOOCH2CF3...................... \b\ 33
3,3,3-Trifluoropropyl formate................. 1344118-09-7 HCOOCH2CH2CF3................... \b\ 17
----------------------------------------------------------------------------------------------------------------
Fluorinated Acetates
----------------------------------------------------------------------------------------------------------------
Methyl 2,2,2-trifluoroacetate................. 431-47-0 CF3COOCH3....................... \b\ 52
1,1-Difluoroethyl 2,2,2-trifluoroacetate...... 1344118-13-3 CF3COOCF2CH3.................... \b\ 31
Difluoromethyl 2,2,2-trifluoroacetate......... 2024-86-4 CF3COOCHF2...................... \b\ 27
2,2,2-Trifluoroethyl 2,2,2-trifluoroacetate... 407-38-5 CF3COOCH2CF3.................... \b\ 7
Methyl 2,2-difluoroacetate.................... 433-53-4 HCF2COOCH3...................... \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
----------------------------------------------------------------------------------------------------------------
Carbonofluoridates
----------------------------------------------------------------------------------------------------------------
Methyl carbonofluoridate...................... 1538-06-3 FCOOCH3......................... \b\ 95
1,1-Difluoroethyl carbonofluoridate........... 1344118-11-1 FCOOCF2CH3...................... \b\ 27
----------------------------------------------------------------------------------------------------------------
Fluorinated Alcohols Other Than Fluorotelomer Alcohols
----------------------------------------------------------------------------------------------------------------
Bis(trifluoromethyl)-methanol................. 920-66-1 (CF3)2CHOH...................... 195
(Octafluorotetramethy-lene) hydroxymethyl NA X-(CF2)4CH(OH)-X................ 73
group.
2,2,3,3,3-Pentafluoropropanol................. 422-05-9 CF3CF2CH2OH..................... 42
2,2,3,3,4,4,4-Heptafluorobutan-1-ol........... 375-01-9 C3F7CH2OH....................... \b\ 25
2,2,2-Trifluoroethanol........................ 75-89-8 CF3CH2OH........................ \b\ 20
2,2,3,4,4,4-Hexafluoro-1-butanol.............. 382-31-0 CF3CHFCF2CH2OH.................. \b\ 17
2,2,3,3-Tetrafluoro-1-propanol................ 76-37-9 CHF2CF2CH2OH.................... \b\ 13
2,2-Difluoroethanol........................... 359-13-7 CHF2CH2OH....................... \b\ 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 73782]]

Unsaturated Perfluorocarbons (PFCs)
----------------------------------------------------------------------------------------------------------------
PFC-1114; TFE................................. 116-14-3 CF2=CF2; C2F4................... \b\ 0.004
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\ 0.003
----------------------------------------------------------------------------------------------------------------
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; trans-CF3CH=CHF......... \b\ 0.97
HFC-1234ze(Z)................................. 29118-25-0 C3H2F4cis-CF3CH=CHF; CF3CH=CHF.. \b\ 0.29
HFC-1243zf; TFP............................... 677-21-4 C3H3F3, CF3CH=CH2............... \b\ 0.12
(Z)-HFC-1336.................................. 692-49-9 CF3CH=CHCF3(Z).................. \b\ 1.58
HFC-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-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. 185689-57-0 CF3(CF2)4CH2CH2OH............... \b\ 0.43
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
----------------------------------------------------------------------------------------------------------------
Dibromodifluoromethane (Halon 1202)........... 75-61-6 CBR2F2.......................... \b\ 231
2-Bromo-2-chloro-1,1,1-trifluoroethane (Halon- 151-67-7 CHBrClCF3....................... \b\ 41
2311/Halothane).
----------------------------------------------------------------------------------------------------------------

Global
warming
Fluorinated GHG Group \d\ potential
(100 yr.)
------------------------------------------------------------------------
Default GWPs for Compounds for Which Chemical-Specific GWPs Are Not
Listed Above
------------------------------------------------------------------------
Fully fluorinated GHGs.................................. 10,000
Saturated hydrofluorocarbons (HFCs) with 2 or fewer 3,700
carbon-hydrogen bonds..................................
Saturated HFCs with 3 or more carbon-hydrogen bonds..... 930
Saturated hydrofluoroethers (HFEs) and 5,700
hydrochlorofluoroethers (HCFEs) with 1 carbon-hydrogen
bond...................................................
Saturated HFEs and HCFEs with 2 carbon-hydrogen bonds... 2,600
Saturated HFEs and HCFEs with 3 or more carbon-hydrogen 270
bonds..................................................
Fluorinated formates.................................... 350

[[Page 73783]]

Fluorinated acetates, carbonofluoridates, and 30
fluorinated alcohols other than fluorotelomer alcohols.
Unsaturated perfluorocarbons (PFCs), unsaturated HFCs, 1
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.................................. 2,000
------------------------------------------------------------------------
\a\ The GWP for this compound was updated in the final rule published on
November 29, 2013 [78 FR 71904] and effective on January 1, 2014.
\b\ This compound was added to Table A-1 in the final rule published on
December 11, 2014, and effective on January 1, 2015.
\c\ The GWP for this compound was updated in the final rule published on
December 11, 2014, and effective on January 1, 2015 .
\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.

0
7. Table A-7 of subpart A is revised to read as follows:

Table A-7 to Subpart A of Part 98--Data Elements That Are Inputs to
Emission Equations and for Which the Reporting Deadline Is March 31,
2015
------------------------------------------------------------------------
Specific data elements
for which reporting date
is March 31, 2015
Rule citation (40 (``All'' means all data
Subpart CFR part 98) elements in the cited
paragraph are not
required to be reported
until March 31, 2015)
------------------------------------------------------------------------
A..................... 98.3(d)(3)(v)........ All.\a\
C..................... 98.36(b)(9)(iii)..... Only estimate of the heat
input.\a\
C..................... 98.36(c)(2)(ix)...... Only estimate of the heat
input from each type of
fuel listed in Table C-
2.\a\
C..................... 98.36(e)(2)(i)....... All.\a\
C..................... 98.36(e)(2)(ii)(A)... All.\a\
C..................... 98.36(e)(2)(ii)(C)... Only HHV value for each
calendar month in which
HHV determination is
required.\a\
C..................... 98.36(e)(2)(ii)(D)... All.\a\
C..................... 98.36(e)(2)(iv)(A)... All.\a\
C..................... 98.36(e)(2)(iv)(C)... All.\a\
C..................... 98.36(e)(2)(iv)(F)... All.\a\
C..................... 98.36(e)(2)(ix)(D)... All.\a\
C..................... 98.36(e)(2)(ix)(E)... All.\a\
C..................... 98.36(e)(2)(ix)(F)... All.\a\
E..................... 98.56(g)............. All.
E..................... 98.56(h)............. All.
E..................... 98.56(j)(4).......... All.
E..................... 98.56(j)(5).......... All.
E..................... 98.56(j)(6).......... All.
E..................... 98.56(l)............. All.
H..................... 98.86(b)(11)......... All.
H..................... 98.86(b)(13)......... Name of raw kiln feed or
raw material.
O..................... 98.156(d)(2)......... All.
O..................... 98.156(d)(3)......... All.
O..................... 98.156(d)(4)......... All.
Q..................... 98.176(f)(1)......... All.
W..................... 98.236(c)(1)(i)...... All.
W..................... 98.236(c)(1)(ii)..... All.
W..................... 98.236(c)(1)(iii).... All.
W..................... 98.236(c)(2)(i)...... All.
W..................... 98.236(c)(3)(i)...... All.
W..................... 98.236(c)(3)(ii)..... Only Calculation
Methodology 2.
W..................... 98.236(c)(3)(iii).... All.
W..................... 98.236(c)(3)(iv)..... All.
W..................... 98.236(c)(4)(i)(A)... All.
W..................... 98.236(c)(4)(i)(B)... All.
W..................... 98.236(c)(4)(i)(C)... All.
W..................... 98.236(c)(4)(i)(D)... All.
W..................... 98.236(c)(4)(i)(E)... All.
W..................... 98.236(c)(4)(i)(F)... All.
W..................... 98.236(c)(4)(i)(G)... All.
W..................... 98.236(c)(4)(i)(H)... All.
W..................... 98.236(c)(4)(ii)(A).. All.
W..................... 98.236(c)(5)(i)(D)... All.
W..................... 98.236(c)(5)(ii)(C).. All.
W..................... 98.236(c)(6)(i)(B)... All.\b\
W..................... 98.236(c)(6)(i)(D)... All.\b\
W..................... 98.236(c)(6)(i)(E)... All.\b\
W..................... 98.236(c)(6)(i)(F)... All.\b\

[[Page 73784]]

W..................... 98.236(c)(6)(i)(G)... Only the amount of
natural gas required.
W..................... 98.236(c)(6)(i)(H)... Only the amount of
natural gas required.
W..................... 98.236(c)(6)(ii)(A).. All.
W..................... 98.236(c)(6)(ii)(B).. All.
W..................... 98.236(c)(7)(i)(A)... Only for Equation W-14A.
W..................... 98.236(c)(8)(i)(F)... All.\b\
W..................... 98.236(c)(8)(i)(K)... All.
W..................... 98.236(c)(8)(ii)(A).. All.\b\
W..................... 98.236(c)(8)(ii)(H).. All.
W..................... 98.236(c)(8)(iii)(A). All.
W..................... 98.236(c)(8)(iii)(B). All.
W..................... 98.236(c)(8)(iii)(G). All.
W..................... 98.236(c)(12)(ii).... All.
W..................... 98.236(c)(12)(v)..... All.
W..................... 98.236(c)(13)(i)(E).. All.
W..................... 98.236(c)(13)(i)(F).. All.
W..................... 98.236(c)(13)(ii)(A). All.
W..................... 98.236(c)(13)(ii)(B). All.
W..................... 98.236(c)(13)(iii)(A) All.
W..................... 98.236(c)(13)(iii)(B) All.
W..................... 98.236(c)(13)(v)(A).. All.
W..................... 98.236(c)(14)(i)(B).. All.
W..................... 98.236(c)(14)(ii)(A). All.
W..................... 98.236(c)(14)(ii)(B). All.
W..................... 98.236(c)(14)(iii)(A) All.
W..................... 98.236(c)(14)(iii)(B) All.
W..................... 98.236(c)(14)(v)(A).. All.
W..................... 98.236(c)(15)(ii)(A). All.
W..................... 98.236(c)(15)(ii)(B). All.
W..................... 98.236(c)(16)(viii).. All.
W..................... 98.236(c)(16)(ix).... All.
W..................... 98.236(c)(16)(x)..... All.
W..................... 98.236(c)(16)(xi).... All.
W..................... 98.236(c)(16)(xii)... All.
W..................... 98.236(c)(16)(xiii).. All.
W..................... 98.236(c)(16)(xiv)... All.
W..................... 98.236(c)(16)(xv).... All.
W..................... 98.236(c)(16)(xvi)... All.
W..................... 98.236(c)(17)(ii).... All.
W..................... 98.236(c)(17)(iii)... All.
W..................... 98.236(c)(17)(iv).... All.
W..................... 98.236(c)(18)(i)..... All.
W..................... 98.236(c)(18)(ii).... All.
W..................... 98.236(c)(19)(iv).... All.
W..................... 98.236(c)(19)(vii)... All.
Y..................... 98.256(h)(5)(i)...... Only value of the
correction.
Y..................... 98.256(k)(4)......... Only mole fraction of
methane in coking gas.
Y..................... 98.256(n)(3)......... All (if used in Equation
Y-21 to calculate
emissions from equipment
leaks).
Y..................... 98.256(o)(4)(vi)..... Only tank-specific
methane composition data
and gas generation rate
data.
AA.................... 98.276(e)............ All.
CC.................... 98.296(b)(10)(i)..... All.
CC.................... 98.296(b)(10)(ii).... All.
CC.................... 98.296(b)(10)(iii)... All.
CC.................... 98.296(b)(10)(iv).... All.
CC.................... 98.296(b)(10)(v)..... All.
CC.................... 98.296(b)(10)(vi).... All.
II.................... 98.356(d)(2)......... All (if conducting weekly
sampling).
II.................... 98.356(d)(3)......... All (if conducting weekly
sampling).
II.................... 98.356(d)(4)......... Only weekly average
temperature (if
conducting weekly
sampling).
II.................... 98.356(d)(5)......... Only weekly average
moisture content (if
conducting weekly
sampling).
II.................... 98.356(d)(6)......... Only weekly average
pressure (if conducting
weekly sampling).
------------------------------------------------------------------------
\a\ Required to be reported only by: (1) Stationary fuel combustion
sources (e.g., individual units, aggregations of units, common pipes,
or common stacks) subject to subpart C of this part that contain at
least one combustion unit connected to a fuel-fired electric generator
owned or operated by an entity that is subject to regulation of
customer billing rates by the PUC (excluding generators connected to
combustion units subject to 40 CFR part 98, subpart D) and that are
located at a facility for which the sum of the nameplate capacities
for all such electric generators is greater than or equal to 1
megawatt electric output; and (2) stationary fuel combustion sources
(e.g., individual units, aggregations of units, common pipes, or
common stacks) subject to subpart C of this part that do not meet the
criteria in (1) of this footnote that elect to report these data
elements, as provided in Sec. 98.36(a), for reporting year 2014.
\b\ This rule citation provides an option to delay reporting of this
data element for certain wildcat wells and/or delineation wells.

[[Page 73785]]

Subpart I--Electronics Manufacturing

0
8. Section 98.93 is amended by revising paragraph (i)(2) 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 paragraph (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
9. Section 98.94 is amended by removing paragraph (j)(5)(ii)(C) and
revising paragraph (j)(8)(i) to read 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
10. Section 98.96 is amended by:
0
a. Revising the parameter ``GWPi'' of Equation I-26 in
paragraph (r) introductory text;
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.
* * * * *

Subpart L--Fluorinated Gas Production

0
11. Section 98.122 is amended by revising paragraph (c) and adding
paragraphs (d), (e) and (f) to read as follows:

Sec. 98.122 GHGs to report.

* * * * *
(c) Emissions from production and transformation processes, process
level. You must report, for each fluorinated GHG group, the total GWP-
weighted mass of all fluorinated GHGs in that group (in metric tons
CO2e) emitted from:
(1) Each fluorinated gas production process.
(2) Each fluorinated gas transformation process that is not part of
a fluorinated gas production process and where no fluorinated GHG
reactant is produced at another facility.
(3) Each fluorinated gas transformation process that is not part of
a fluorinated gas production process and where one or more fluorinated
GHG reactants are produced at another facility.
(d) Emissions from production and transformation processes,
facility level, multiple products. If your facility produces more than
one fluorinated gas product, you must report the emissions (in metric
tons) from production and transformation processes, totaled across the
facility as a whole, of each fluorinated GHG that is emitted in
quantities of 1,000 metric tons of CO2e or more from
production or transformation processes, totaled across the facility as
a whole. Aggregate and report emissions of all other fluorinated GHGs
from production and transformation processes by fluorinated GHG group
for the facility as a whole, in metric tons of CO2e.
(e) Emissions from production and transformation processes,
facility level, one product only. If your facility produces only one
fluorinated gas product, aggregate and report the GWP-weighted
emissions from production and transformation processes of fluorinated
GHGs by fluorinated GHG group for the facility as a whole, in metric
tons CO2e, with the following exception: Where emissions
consist of a major fluorinated GHG constituent of a fluorinated gas
product, and the product is sold or transferred to another person,
report the total mass of each fluorinated GHG that is emitted from
production and transformation processes and that is a major fluorinated
GHG constituent of the product (in metric tons).
(f) Emissions from destruction processes and venting of containers.
You must report the total mass of each fluorinated GHG emitted (in
metric tons) from:
(1) Each fluorinated gas destruction process that is not part of a
fluorinated gas production process or a fluorinated gas transformation
process and all such fluorinated gas destruction processes combined.
(2) Venting of residual fluorinated GHGs from containers returned
from the field.

0
12. Section 98.123 is amended by:
0
a. Revising the introductory text;
0
b. Removing and reserving paragraph (a);
0
c. Revising paragraph (b);
0
d. Revising paragraph (c)(1)(v);
0
e. Removing and reserving paragraph (c)(1)(vi);
0
f. Redesignating paragraphs (e)(i) and (e)(ii) as paragraphs (e)(1) and
(e)(2), respectively;
0
g. Revising paragraphs (g)(1), (g)(2)(ii), and (g)(2)(iv); and
0
h. Adding paragraph (h).
The revisions and additions read as follows:

Sec. 98.123 Calculating GHG emissions.

For fluorinated gas production and transformation processes, you
must calculate the fluorinated GHG emissions from each process using
the emission

[[Page 73786]]

factor or emission calculation factor method specified in paragraphs
(c), (d), and (e) of this section, as appropriate. For destruction
processes that destroy fluorinated GHGs that were previously
``produced'' as defined at Sec. 98.410(b), you must calculate
emissions using the procedures in paragraph (f) of this section. For
venting of residual gas from containers (e.g., cylinder heels), you
must calculate emissions using the procedures in paragraph (g) of this
section.
(a) [Reserved]
(b) Mass balance method. The mass balance method was available for
reporting years 2011, 2012, 2013, and 2014 only. See paragraph 1 of
Appendix A of this subpart for the former mass balance method.
(c) * * *
(1) * * *
(v) GWPs. To convert the fluorinated GHG emissions to
CO2e, use Equation A-1 of Sec. 98.2.
(vi) [Reserved]
* * * * *
(g) * * *
(1) Measuring contents of each container. If you weigh or otherwise
measure the contents of each container before venting the residual
fluorinated GHGs, use Equation L-32 of this section to calculate annual
emissions of each fluorinated GHG from venting of residual fluorinated
GHG from containers. Convert pressures to masses as directed in
paragraph (g)(2)(ii) of this section.
[GRAPHIC] [TIFF OMITTED] TR11DE14.001

Where:

ECf = Total mass of each fluorinated GHG f emitted from
the facility through venting of residual fluorinated GHG from
containers, annual basis (metric tons/year).
HBfj = Mass of residual fluorinated GHG f in container j
when received by facility (metric tons).
HEfj = Mass of residual fluorinated GHG f in container j
after evacuation by facility (metric tons). (Facility may equate to
zero.)
n = Number of vented containers for each fluorinated GHG f.

(2) * * *
(ii) Measurement of residual gas. The residual weight or pressure
you use for paragraph (g)(1) of this section must be determined by
monitoring the mass or the pressure of your cylinders/containers
according to Sec. 98.124(k). If you monitor the pressure, convert the
pressure to mass using a form of the ideal gas law, as displayed in
Equation L-33 of this section, with an appropriately selected Z value.
[GRAPHIC] [TIFF OMITTED] TR11DE14.002

Where:

mR = Mass of residual gas in the container (metric ton).
p = Absolute pressure of the gas (Pa).
V = Volume of the gas (m\3\).
MW = Molecular weight of the fluorinated GHG f (g/gmole).
Z = Compressibility factor.
R = Gas constant (8.314 Pa m\3\/Kelvin mole).
T = Absolute temperature (K).
10\6\ = Conversion factor (10\6\ g/metric ton).
* * * * *
(iv) Calculate annual emissions of each fluorinated GHG from
venting of residual fluorinated GHG from containers using Equation L-34
of this section.
[GRAPHIC] [TIFF OMITTED] TR11DE14.003

Where:

ECf = Total mass of each fluorinated GHG f emitted from
the facility through venting of residual fluorinated GHG from
containers, annual basis (metric tons/year).
hfj = Facility-wide gas-specific heel factor for
fluorinated GHG f (fraction) and container size and type j, as
determined in paragraph (g)(2)(iii) of this section.
Nfj = Number of containers of size and type j returned to
the fluorinated gas production facility.
Ffj = Full capacity of containers of size and type j
containing fluorinated GHG f (metric tons).
n = Number of combinations of container sizes and types for
fluorinated GHG f.

(h) Effective destruction efficiency for each process. If you used
the emission factor or emission calculation factor method to calculate
emissions from the process, use Equation L-35 to calculate the
effective destruction efficiency for the process, including each
process vent:
[GRAPHIC] [TIFF OMITTED] TR11DE14.004

[[Page 73787]]

Where:

DEEffective = Effective destruction efficiency for
process i (fraction).
EPVf = Mass of fluorinated GHG f emitted from process
vent v from process i, operating scenario j, for the year,
calculated in Equation L-21, L-22, L-26, or L-27 of this section
(kg).
GWPf = Global warming potential for each greenhouse gas
from Table A-1 of subpart A of this part.
ECFPV-Uf = Emission calculation factor for fluorinated
GHG f emitted from process vent v during process i, operating
scenario j during periods when the process vent is not vented to the
properly functioning destruction device, as used in Equation L-21;
or emission calculation factor for fluorinated GHG f emitted from
process vent v during process i, operating scenario j, as used in
Equation L-26 or L-27 (kg emitted/activity) (e.g., kg emitted/kg
product), denoted as ``ECFPV'' in those equations.
EFPV-Uf = Emission factor (uncontrolled) for fluorinated
GHG f emitted from process vent v during process i, operating
scenario j, as used in Equation L-22 (kg emitted/activity) (e.g., kg
emitted/kg product), denoted as ``EFPV-U'' in that
equation.
ActivityU = Total process feed, process production, or
other process activity for process i, operating scenario j during
the year, for which the process vent is not vented to the properly
functioning destruction device (i.e., uncontrolled).
ActivityC = Total process feed, process production, or
other process activity for process i, operating scenario j during
the year, for which emissions are vented to the properly functioning
destruction device (i.e., controlled).
o = Number of operating scenarios for process i.
v = Number of process vents in process i, operating scenario j.
w = Number of fluorinated GHGs emitted from the process.

0
5. Section 98.124 is amended by revising paragraphs (b) and (c)(1), (2)
and (5) and redesignating paragraphs (c)(7) through (9) as paragraphs
(c)(6) through (8).
The revisions read as follows:

Sec. 98.124 Monitoring and QA/QC requirements.

* * * * *
(b) Mass balance monitoring. Mass balance monitoring was available
for reporting years 2011, 2012, 2013, and 2014 only. See paragraph 2 of
Appendix A of this subpart for the former mass balance method.
(c) * * *
(1) Process vent testing. Conduct an emissions test that is based
on representative performance of the process or operating scenario(s)
of the process, as applicable. For process vents for which you
performed an initial scoping speciation, include in the emission test
any fluorinated GHG that was identified in the initial scoping
speciation. For process vents for which you did not perform an initial
scoping speciation, include in the emission test any fluorinated
greenhouse gas that occurs in more than trace concentrations in the
vent stream or, where a destruction device is used, in the inlet to the
destruction device. You may include startup and shutdown events if the
testing is sufficiently long or comprehensive to ensure that such
events are not overrepresented in the emission factor. Malfunction
events must not be included in the testing. If you do not detect a
fluorinated GHG that was identified in the scoping speciation or that
occurs in more than trace concentrations in the vent stream or in the
inlet to the destruction device, assume that fluorinated GHG was
emitted at one half of the detection limit.
(2) Number of runs. For continuous processes, sample the process
vent for a minimum of three runs of 1 hour each. If the relative
standard deviation (RSD) of the emission factor calculated based on the
first three runs is greater than or equal to 0.15 for the emission
factor, continue to sample the process vent for an additional three
runs of 1 hour each. If more than one fluorinated GHG is measured, the
RSD must be expressed in terms of total CO2e.
* * * * *
(5) Emission test results. The results of an emission test must
include the analysis of samples, number of test runs, the results of
the RSD analysis, the analytical method used, determination of
emissions, the process activity, and raw data and must identify the
process, the operating scenario, the process vents tested, and the
fluorinated GHGs that were included in the test. The emissions test
report must contain all information and data used to derive the
process-vent-specific emission factor, as well as key process
conditions during the test. Key process conditions include those that
are normally monitored for process control purposes and may include but
are not limited to yields, pressures, temperatures, etc. (e.g., of
reactor vessels, distillation columns).
* * * * *

0
6. Section 98.126 is amended by:
0
a. Revising paragraphs (a) through (e);
0
b. Removing and reserving paragraphs (f)(1), (f)(5), and (g)(1);
0
c. Revising paragraphs (g)(2) and (h)(1);
0
d. Removing and reserving paragraph (h)(2); and
0
e. Adding paragraph (k).
The revisions and additions read as follows:

Sec. 98.126 Data reporting requirements.

(a) All facilities. In addition to the information required by
Sec. 98.3(c), you must report the information in paragraphs (a)(2)
through (6) of this section according to the schedule in paragraph
(a)(1) of this section, except as otherwise provided in paragraph (j)
of this section or in Sec. 98.3(c)(4)(vii) and Table A-7 of subpart A
of this part.
(1) Frequency of reporting under paragraph (a) of this section. The
information in paragraphs (a)(2) through (6) of this section must be
reported annually.
(2) Generically-identified process. For each production and
transformation process at the facility, you must:
(i) Provide a number, letter, or other identifier for the process.
This identifier must be consistent from year to year.
(ii) Indicate whether the process is a fluorinated gas production
process, a fluorinated gas transformation process where no fluorinated
GHG reactant is produced at another facility, or a fluorinated gas
transformation process where one or more fluorinated GHG reactants are
produced at another facility.
(iii) Indicate whether the process could be characterized as
reaction, distillation, or packaging (include all that apply).
(iv) For each generically-identified process and each fluorinated
GHG group, report the method(s) used to determine the mass emissions of
that fluorinated GHG group from that process from vents (i.e., mass
balance (for reporting years 2011, 2012, 2013, and 2014 only), process-
vent-specific emission factor, or process-vent-specific emission
calculation factor).
(v) For each generically-identified process and each fluorinated
GHG group, report the method(s) used to determine the mass emissions of
that fluorinated GHG group from that process from equipment leaks,
unless you used the mass balance method (for reporting years 2011,
2012, 2013, and 2014 only) for that process.
(3) Emissions from production and transformation processes, process
level, multiple products. If your facility produces more than one
fluorinated gas product, for each generically-identified process and
each fluorinated GHG group, you must report the total GWP-weighted
emissions of all fluorinated GHGs in that group from the process, in
metric tons CO2e.
(4) Emissions from production and transformation processes,
facility level, multiple products. If your facility

[[Page 73788]]

produces more than one fluorinated gas product, you must report the
information in paragraphs (a)(4)(i) and (ii) of this section, as
applicable, for emissions from production and transformation processes.
(i) For each fluorinated GHG with emissions of 1,000 metric tons of
CO2e or more from production and transformation processes,
summed across the facility as a whole, you must report the total mass
in metric tons of the fluorinated GHG emitted from production and
transformation processes, summed across the facility as a whole. If the
fluorinated GHG does not have a chemical-specific GWP in Table A-1 of
subpart A, identify the fluorinated GHG group of which that fluorinated
GHG is a member.
(ii) For all other fluorinated GHGs emitted from production and
transformation processes, you must report the total GWP-weighted
emissions from production and transformation processes of those
fluorinated GHGs by fluorinated GHG group, summed across the facility
as a whole, in metric tons of CO2e.
(5) Emissions from production and transformation processes,
facility level, one product only. If your facility produces only one
fluorinated gas product, aggregate and report the total GWP-weighted
emissions from production and transformation processes of fluorinated
GHGs by fluorinated GHG group for the facility as a whole, in metric
tons of CO2e, with the following exception: Where emissions
consist of a major fluorinated GHG constituent of a fluorinated gas
product, and the product is sold or transferred to another person,
report the total mass in metric tons of each fluorinated GHG that is
emitted from production and transformation processes and that is a
major fluorinated GHG constituent of the product. If the fluorinated
GHG does not have a chemical-specific GWP in Table A-1 of subpart A,
identify the fluorinated GHG group of which that fluorinated GHG is a
member.
(6) Effective destruction efficiency. For each generically-
identified process, use Table L-1 of this subpart to report the range
that encompasses the effective destruction efficiency,
DEeffective, calculated for that process using Equation L-35
of this subpart. The effective destruction efficiency must be reported
on a CO2e basis.
(b) Reporting for mass balance method for reporting years 2011,
2012, 2013, and 2014. If you used the mass balance method to calculate
emissions for any of the reporting years 2011, 2012, 2013, or 2014, you
must conduct mass balance reporting for that reporting year. For
processes whose emissions were determined using the mass balance method
under the former Sec. 98.123(b), as included in paragraph 1 of
Appendix A of this subpart, you must report the information listed in
paragraphs (b)(1) and (b)(2) of this section for each process on an
annual basis.
(1) If you calculated the relative and absolute errors under the
former Sec. 98.123(b)(1), the overall absolute and relative errors
calculated for the process under the former Sec. 98.123(b)(1), in
metric tons CO2e and decimal fraction, respectively.
(2) The method used to estimate the total mass of fluorine in
destroyed or recaptured streams (specify the former Sec. 98.123(b)(4)
or (15), as included in paragraph 1 of Appendix A of this subpart).
(c) Reporting for emission factor and emission calculation factor
approach. For processes whose emissions are determined using the
emission factor approach under Sec. 98.123(c)(3) or the emission
calculation factor under Sec. 98.123(c)(4), you must report the
following for each generically-identified process.
(1) [Reserved]
(2) [Reserved]
(3) For each fluorinated GHG group, the total GWP-weighted mass of
all fluorinated GHGs in that group emitted from all process vents
combined, in metric tons of CO2e.
(4) For each fluorinated GHG group, the total GWP-weighted mass of
all fluorinated GHGs in that group emitted from equipment leaks, in
metric tons of CO2e.
(d) Reporting for missing data. Where missing data have been
estimated pursuant to Sec. 98.125, you must report:
(1) The generically-identified process for which the data were
missing.
(2) The reason the data were missing, the length of time the data
were missing, and the method used to estimate the missing data.
(3) Estimates of the missing data for all missing data associated
with data elements required to be reported in this section.
(e) Reporting of destruction device excess emissions data. Each
fluorinated gas production facility that destroys fluorinated GHGs must
report the excess emissions that result from malfunctions of the
destruction device, and these excess emissions must be reflected in the
fluorinated GHG estimates in the former Sec. 98.123(b) as included in
paragraph 1 of Appendix A of this subpart for the former mass balance
method, and in Sec. 98.123(c). Such excess emissions would occur if
the destruction efficiency was reduced due to the malfunction.
* * * * *
(g) * * *
(2) The mass of the fluorinated GHG emitted from the destruction
device (metric tons).
(h) * * *
(1) The mass of the residual fluorinated GHG vented from containers
annually (metric tons).
* * * * *
(k) Submission of complete reporting year 2011, 2012, and 2013 GHG
reports. By March 31, 2015, you must submit annual GHG reports for
reporting years 2011, 2012, and 2013 that contain the information
specified in paragraphs (a) through (i) of this section. The reports
must calculate CO2e using the GWPs in Table A-1 of subpart A
of this part (as in effect on January 1, 2015). Prior submission of
partial reports for these reporting years under paragraph (j) of this
section does not affect your obligation to submit complete reports
under this paragraph.

0
7. Section 98.127 is amended by:
0
a. Revising the introductory text;
0
b. Revising paragraphs (a)(1) and (2);
0
c. Adding paragraphs (a)(3) and (4);
0
d. Revising paragraph (b);
0
e. Revising paragraph (c) introductory text and paragraph (c)(3); and
0
f. Adding paragraph (l).
The revisions and additions read as follows:

Sec. 98.127 Records that must be retained.

In addition to the records required by Sec. 98.3(g), you must
retain the dated records specified in paragraphs (a) through (l) of
this section, as applicable.
(a) * * *
(1) Identify all products and processes subject to this subpart.
Include the unit identification as appropriate, the generic process
identification reported for the process under Sec. 98.126(a)(2)(i)
through (iii), and the product with which the process is associated.
(2) Monthly and annual records, as applicable, of all analyses and
calculations conducted as required under Sec. 98.123, including the
data monitored under Sec. 98.124, and all information reported as
required under Sec. 98.126.
(3) Identify all fluorinated GHGs with emissions of 1,000 metric
tons CO2e or more from production and transformation
processes, summed across the facility as a whole, and identify all
fluorinated GHGs with total emissions less than 1,000 metric tons
CO2e from production and transformation processes, summed
across the facility as a whole.

[[Page 73789]]

(4) Calculations used to determine the total GWP-weighted emissions
of fluorinated GHGs by fluorinated GHG group for each process, in
metric tons CO2e.
(b) Scoping speciation. Retain records documenting the information
collected under Sec. 98.124(a).
(c) Mass balance method. Retain the following records for each
process for which the mass balance method was used to estimate
emissions in reporting years 2011, 2012, 2013, or 2014. If you used an
element other than fluorine in the mass balance equation pursuant to
the former Sec. 98.123(b)(3) as included in paragraph 1 of Appendix A
of this subpart for the former mass balance method, substitute that
element for fluorine in the recordkeeping requirements of this
paragraph.
* * * * *
(3) The data and calculations used to determine the fractions of
the mass emitted consisting of each reactant (FERd), product
(FEP), and by-product (FEBk), including the preliminary
calculations in the former Sec. 98.123(b)(8)(i).
* * * * *
(l) Verification software records. For reporting year 2015 and
thereafter, you must enter into verification software specified in
Sec. 98.5(b) the data specified in paragraphs (l)(1) through (15) of
this section. The data specified in paragraphs (l)(1) through (11) must
be entered for each process and each process vent, as applicable. The
data specified in paragraphs (l)(1) through (15) must be entered for
each fluorinated GHG, as applicable. You must keep a record of the file
generated by the verification software specified in Sec. 98.5(b) for
the applicable data specified in paragraphs (l)(1) through (15) of this
section. Retention of this file satisfies the recordkeeping requirement
for the data in paragraphs (l)(1) through (15) of this section.
(1) The identity of the process vent (e.g., name or number assigned
by the facility).
(2) The equation used to estimate emissions from the process vent
(Equations L-21, L-22, L-26, or L-27).
(3) The type of process activity used to estimate emissions from
the process vent (e.g., product of process or reactant consumed by
process) (Activity, ActivityC, or ActivityU)
(Equations L-21, L-22, L-26, L-27, L-35).
(4) The quantities of the process activity used to estimate
controlled and uncontrolled emissions, respectively, for the process
vent, Activity, ActivityU, or ActivityC, (e.g. kg
product) (Equations L-21, L-22, L-26, L-27, L-35).
(5) The site-specific, process-vent-specific emission factor,
EFPV-C, for the process vent, measured after the destruction
device (kg fluorinated GHG emitted per kg activity) (Equation L-21).
(6) The site-specific, process-vent-specific emission calculation
factor, ECFPV-U, for the process vent, for periods not
vented to destruction device (kg fluorinated GHG emitted per kg
activity) (Equations L-21, L-35).
(7) The site-specific, process-vent-specific emission factor(s),
EFPV-U, for the process vent, measured before the
destruction device (kg fluorinated GHG emitted per kg activity)
(Equations L-22, L-35).
(8) The site-specific, process-vent-specific emission calculation
factor for the process vent, ECFPV (kg fluorinated GHG
emitted per kg of activity) (Equations L-26, L-27, L-35).
(9) Destruction efficiency, DE, of each destruction device for each
fluorinated GHG whose destruction the facility reflects in Sec.
98.123, in accordance with Sec. 98.124(g)(1)(i) through (iv) (weight
fraction) (Equations L-22, L-27, L-31).
(10) Emissions of each fluorinated GHG for equipment pieces for the
process, EELf (metric ton/yr) (98.123(d)(3)).
(11) The mass of the fluorinated GHG previously produced and fed
into the destruction device, RED, (metric tons) (Equation L-
31).
(12) If applicable, the heel factor, hfj, calculated for
each container size and type (decimal fraction) (Equation L-34).
(13) If applicable, the number of containers of size and type j
returned to the fluorinated gas production facility, Nfj,
(Equation L-34).
(14) If applicable, the full capacity of containers of size and
type j containing fluorinated GHG f, Ffj, (metric tons)
(Equation L-34).
(15) For fluorinated GHGs that do not have a chemical-specific GWP
on Table A-1 of subpart A of this part, the fluorinated GHG group of
which the fluorinated GHG is a member, as applicable (to permit look-up
of global warming potential, GWPf, or GWPi, for
that fluorinated GHG in Table A-1 of subpart A of this part (Equation
A-1 of subpart A of this part, Equation L-35)).

0
8. Section 98.128 is amended by adding, in alphabetical order,
definitions for ``Fluorinated gas product,'' ``Generically-identified
process,'' and ``Major fluorinated GHG constituent'' to read as
follows:

Sec. 98.128 Definitions.

* * * * *
Fluorinated gas product means the product of the process, including
isolated intermediates.
* * * * *
Generically-identified process means a process that is:
(1) Identified as a production process, a transformation process
where no fluorinated GHG reactant is produced at another facility, or a
transformation process where one or more fluorinated GHG reactants are
produced at another facility;
(2) Further identified as a reaction, distillation, or packaging
process, or a combination thereof; and
(3) Tagged with a discrete identifier, such as a letter or number,
that remains constant from year to year.
* * * * *
Major fluorinated GHG constituent means a fluorinated GHG
constituent of a fluorinated gas product that occurs in concentrations
greater than 1 percent by mass.
* * * * *

0
9. Add table L-1 to subpart L to read as follows:

Table L-1 of Subpart L of Part 98--Ranges of Effective Destruction
Efficiency
------------------------------------------------------------------------
Range of Reductions
-------------------------------------------------------------------------
>=99%.
>=95% to <99%.
>=75% to <95%.
>=0% to <75%.
------------------------------------------------------------------------

0
10. Add Appendix A to subpart L to read as follows:

Appendix A to Subpart L of Part 98--Mass Balance Method for Fluorinated
Gas Production

1. Mass Balance Method for Sec. 98.123(b). [Note: Numbering
convention here matches original rule text, 75 FR 74774, December 1,
2010.]
(b) Mass balance method. Before using the mass balance approach
to estimate your fluorinated GHG emissions from a process, you must
ensure that the process and the equipment and methods used to
measure it meet either the error limits described in this paragraph
and calculated under paragraph (b)(1) of this section or the
requirements specified in paragraph Sec. 98.124(b)(8). If you
choose to calculate the error limits, you must estimate the absolute
and relative errors associated with using the mass balance approach
on that process using Equations L-1 through L-4 of this section in
conjunction with Equations L-5 through L-10 of this section. You may
use the mass-balance approach to estimate emissions from the process
if this calculation results in an absolute error of less than or
equal to 3,000 metric tons CO2e per year or a relative
error of less than or equal to 30 percent of the

[[Page 73790]]

estimated CO2e fluorinated GHG emissions. If you do not
meet either of the error limits or the requirements of paragraph
Sec. 98.124(b)(8), you must use the emission factor approach
detailed in paragraphs (c), (d), and (e) of this section to estimate
emissions from the process.
(1) Error calculation. To perform the calculation, you must
first calculate the absolute and relative errors associated with the
quantities calculated using either Equations L-7 through L-10 of
this section or Equation L-17 of this section. Alternatively, you
may estimate these errors based on the variability of previous
process measurements (e.g., the variability of measurements of
stream concentrations), provided these measurements are
representative of the current process and current measurement
devices and techniques. Once errors have been calculated for the
quantities in these equations, those errors must be used to
calculate the errors in Equations L-6 and L-5 of this section. You
may ignore the errors associated with Equations L-11, L-12, and L-13
of this section.
(i) Where the measured quantity is a mass, the error in the mass
must be equated to the accuracy or precision (whichever is larger)
of the flowmeter, scale, or combination of volumetric and density
measurements at the flow rate or mass measured.
(ii) Where the measured quantity is a concentration of a stream
component, the error of the concentration must be equated to the
accuracy or precision (whichever is larger) with which you estimate
the mean concentration of that stream component, accounting for the
variability of the process, the frequency of the measurements, and
the accuracy or precision (whichever is larger) of the analytical
technique used to measure the concentration at the concentration
measured. If the variability of process measurements is used to
estimate the error, this variability shall be assumed to account
both for the variability of the process and the precision of the
analytical technique. Use standard statistical techniques such as
the student's t distribution to estimate the error of the mean of
the concentration measurements as a function of process variability
and frequency of measurement.
(iii) Equation L-1 of this section provides the general formula
for calculating the absolute errors of sums and differences where
the sum, S, is the summation of variables measured, a, b, c, etc.
(e.g., S = a + b + c):
[GRAPHIC] [TIFF OMITTED] TR11DE14.005

Where:

eSA = Absolute error of the sum, expressed as one half of
a 95 percent confidence interval.
ea = Relative error of a, expressed as one half of a 95
percent confidence interval.
eb = Relative error of b, expressed as one half of a 95
percent confidence interval.
ec = Relative error of c, expressed as one half of a 95
percent confidence interval.

(iv) Equation L-2 of this section provides the general formula
for calculating the relative errors of sums and differences:
[GRAPHIC] [TIFF OMITTED] TR11DE14.006

Where:

eSR = Relative error of the sum, expressed as one half of
a 95 percent confidence interval.
eSA = Absolute error of the sum, expressed as one half of
a 95 percent confidence interval.
a+b+c = Sum of the variables measured.

(v) Equation L-3 of this section provides the general formula
for calculating the absolute errors of products (e.g., flow rates of
GHGs calculated as the product of the flow rate of the stream and
the concentration of the GHG in the stream), where the product, P,
is the result of multiplying the variables measured, a, b, c, etc.
(e.g., P = a*b*c):
[GRAPHIC] [TIFF OMITTED] TR11DE14.007

Where:
ePA = Absolute error of the product, expressed as one
half of a 95 percent confidence interval.
ea = Relative error of a, expressed as one half of a 95
percent confidence interval.
eb = Relative error of b, expressed as one half of a 95
percent confidence interval.
ec = Relative error of c, expressed as one half of a 95
percent confidence interval.

(vi) Equation L-4 of this section provides the general formula
for calculating the relative errors of products:
[GRAPHIC] [TIFF OMITTED] TR11DE14.008

Where:
ePR = Relative error of the product, expressed as one
half of a 95 percent confidence interval.
ePA = Absolute error of the product, expressed as one
half of a 95 percent confidence interval.
a*b*c = Product of the variables measured.

(vii) Calculate the absolute error of the emissions estimate in
terms of CO2e by performing a preliminary estimate of the
annual CO2e emissions of the process using the method in
paragraph (b)(1)(viii) of this section. Multiply this result by the
relative error calculated for the mass of fluorine emitted from the
process in Equation L-6 of this section.
(viii) To estimate the annual CO2e emissions of the
process for use in the error estimate, apply the methods set forth
in paragraphs (b)(2) through (7) and (b)(9) through (16) of this
section to representative process measurements. If these process
measurements represent less than one year of typical process
activity, adjust the estimated emissions to account for one year of
typical process activity. To estimate the terms FERd,
FEP, and FEBk for use in the error estimate for Equations
L-11, L-12, and L-13 of this section, you must either use emission
testing, monitoring of emitted streams, and/or engineering
calculations or assessments, or in the alternative assume that all
fluorine is emitted in the form of the fluorinated GHG that has the
highest GWP among the

[[Page 73791]]

fluorinated GHGs that occur in more than trace concentrations in the
process. To convert the fluorinated GHG emissions to
CO2e, use Equation A-1 of Sec. 98.2. For fluorinated
GHGs whose GWPs are not listed in Table A-1 to subpart A of this
part, use a default GWP of 2,000.
(2) The total mass of each fluorinated GHG emitted annually from
each fluorinated gas production and each fluorinated GHG
transformation process must be estimated by using Equation L-5 of
this section.
[GRAPHIC] [TIFF OMITTED] TR11DE14.009

Where:

EFGHGf = Total mass of each fluorinated GHG f emitted
annually from production or transformation process i (metric tons).
ERp-FGHGf = Total mass of fluorinated GHG reactant f
emitted from production process i over the period p (metric tons,
calculated in Equation L-11 of this section).
EPp-FGHGf = Total mass of the fluorinated GHG product f
emitted from production process i over the period p (metric tons,
calculated in Equation L-12 of this section).
EBp-FGHGf = Total mass of fluorinated GHG by-product f
emitted from production process i over the period p (metric tons,
calculated in Equation L-13 of this section).
n = Number of concentration and flow measurement periods for the
year.

(3) The total mass of fluorine emitted from process i over the
period p must be estimated at least monthly by calculating the
difference between the total mass of fluorine in the reactant(s) (or
inputs, for processes that do not involve a chemical reaction) and
the total mass of fluorine in the product (or outputs, for processes
that do not involve a chemical reaction), accounting for the total
mass of fluorine in any destroyed or recaptured streams that contain
reactants, products, or by-products (or inputs or outputs). This
calculation must be performed using Equation L-6 of this section. An
element other than fluorine may be used in the mass-balance
equation, provided the element occurs in all of the fluorinated GHGs
fed into or generated by the process. In this case, the mass
fractions of the element in the reactants, products, and by-products
must be calculated as appropriate for that element.
[GRAPHIC] [TIFF OMITTED] TR11DE14.010

Where:

EF = Total mass of fluorine emitted from process i over
the period p (metric tons).
Rd = Total mass of the fluorine-containing reactant d
that is fed into process i over the period p (metric tons).
P = Total mass of the fluorine-containing product produced by
process i over the period p (metric tons).
MFFRd = Mass fraction of fluorine in reactant d,
calculated in Equation L-14 of this section.
MFFP = Mass fraction of fluorine in the product,
calculated in Equation L-15 of this section.
FD = Total mass of fluorine in destroyed or recaptured
streams from process i containing fluorine-containing reactants,
products, and by-products over the period p, calculated in Equation
L-7 of this section.
v = Number of fluorine-containing reactants fed into process i.

(4) The mass of total fluorine in destroyed or recaptured
streams containing fluorine-containing reactants, products, and by-
products must be estimated at least monthly using Equation L-7 of
this section unless you use the alternative approach provided in
paragraph (b)(15) of this section.
[GRAPHIC] [TIFF OMITTED] TR11DE14.011

Where:

FD = Total mass of fluorine in destroyed or recaptured
streams from process i containing fluorine-containing reactants,
products, and by-products over the period p.
Pj = Mass of the fluorine-containing product removed from
process i in stream j and destroyed over the period p (calculated in
Equation L-8 or L-9 of this section).
Bkj = Mass of fluorine-containing by-product k removed
from process i in stream j and destroyed over the period p
(calculated in Equation L-8 or L-9 of this section).
Bkl = Mass of fluorine-containing by-product k removed
from process i in stream l and recaptured over the period p.
Rdj = Mass of fluorine-containing reactant d removed from
process i in stream j and destroyed over the period p (calculated in
Equation L-8 or L-9 of this section).
MFFRd = Mass fraction of fluorine in reactant d,
calculated in Equation L-14 of this section.
MFFP = Mass fraction of fluorine in the product,
calculated in Equation L-15 of this section.
MFFBk = Mass fraction of fluorine in by-product k,
calculated in Equation L-16 of this section.
q = Number of streams destroyed in process i.
x = Number of streams recaptured in process i.
u = Number of fluorine-containing by-products generated in process
i.
v = Number of fluorine-containing reactants fed into process i.

(5) The mass of each fluorinated GHG removed from process i in
stream j and destroyed over the period p (i.e., Pj,
Bkj, or Rdj, as applicable) must be estimated
by applying the destruction efficiency (DE) of the device that has
been demonstrated for the fluorinated GHG f to fluorinated GHG f
using Equation L-8 of this section:
[GRAPHIC] [TIFF OMITTED] TR11DE14.012

[[Page 73792]]

Where:

MFGHGfj = Mass of fluorinated GHG f removed from process
i in stream j and destroyed over the period p. (This may be
Pj, Bkj, or Rdj, as applicable.)
DEFGHGf = Destruction efficiency of the device that has
been demonstrated for fluorinated GHG f in stream j (fraction).
CFGHGfj = Concentration (mass fraction) of fluorinated
GHG f in stream j removed from process i and fed into the
destruction device over the period p. If this concentration is only
a trace concentration, cF-GHGfj is equal to zero.
Sj = Mass removed in stream j from process i and fed into
the destruction device over the period p (metric tons).

(6) The mass of each fluorine-containing compound that is not a
fluorinated GHG and that is removed from process i in stream j and
destroyed over the period p (i.e., Pj, Bkj, or
Rdj, as applicable) must be estimated using Equation L-9
of this section.
[GRAPHIC] [TIFF OMITTED] TR11DE14.013

Where:

MFCgj = Mass of non-GHG fluorine-containing compound g
removed from process i in stream j and destroyed over the period p.
(This may be Pj, Bkj, or Rdj, as
applicable).
cFCgj = Concentration (mass fraction) of non-GHG
fluorine-containing compound g in stream j removed from process i
and fed into the destruction device over the period p. If this
concentration is only a trace concentration, cFCgj is
equal to zero.
Sj = Mass removed in stream j from process i and fed into
the destruction device over the period p (metric tons).

(7) The mass of fluorine-containing by-product k removed from
process i in stream l and recaptured over the period p must be
estimated using Equation L-10 of this section:
[GRAPHIC] [TIFF OMITTED] TR11DE14.014

Where:
Bkl = Mass of fluorine-containing by-product k removed
from process i in stream l and recaptured over the period p (metric
tons).
cBkl = Concentration (mass fraction) of fluorine-
containing by-product k in stream l removed from process i and
recaptured over the period p. If this concentration is only a trace
concentration, cBkl is equal to zero.
Sl = Mass removed in stream l from process i and
recaptured over the period p (metric tons).

(8) To estimate the terms FERd, FEP, and
FEBk for Equations L-11, L-12, and L-13 of this section,
you must assume that the total mass of fluorine emitted,
EF, estimated in Equation L-6 of this section, occurs in
the form of the fluorinated GHG that has the highest GWP among the
fluorinated GHGs that occur in more than trace concentrations in the
process unless you possess emission characterization measurements
showing otherwise. These emission characterization measurements must
meet the requirements in paragraph (8)(i), (ii), or (iii) of this
section, as appropriate. The sum of the terms must equal 1. You must
document the data and calculations that are used to speciate
individual compounds and to estimate FERd, FEP, and
FEBk. Exclude from your calculations the fluorine
included in FD. For example, exclude fluorine-containing
compounds that are not fluorinated GHGs and that result from the
destruction of fluorinated GHGs by any destruction devices (e.g.,
the mass of HF created by combustion of an HFC). However, include
emissions of fluorinated GHGs that survive the destruction process.
(i) If the calculations under paragraph (b)(1)(viii) of this
section, or any subsequent measurements and calculations under this
subpart, indicate that the process emits 25,000 metric tons
CO2e or more, estimate the emissions from each process
vent, considering controls, using the methods in Sec. 98.123(c)(1).
You must characterize the emissions of any process vent that emits
25,000 metric tons CO2e or more as specified in Sec.
98.124(b)(4).
(ii) For other vents, including vents from processes that emit
less than 25,000 metric tons CO2e, you must characterize
emissions as specified in Sec. 98.124(b)(5).
(iii) For fluorine emissions that are not accounted for by vent
estimates, you must characterize emissions as specified in Sec.
98.124(b)(6).
(9) The total mass of fluorine-containing reactant d emitted
must be estimated at least monthly based on the total fluorine
emitted and the fraction that consists of fluorine-containing
reactants using Equation L-11 of this section. If the fluorine-
containing reactant d is a non-GHG, you may assume that
FERd is zero.
[GRAPHIC] [TIFF OMITTED] TR11DE14.015

Where:

ER-ip = Total mass of fluorine-containing reactant d that
is emitted from process i over the period p (metric tons).
FERd = The fraction of the mass emitted that consists of
the fluorine-containing reactant d.
EF = Total mass of fluorine emissions from process i over
the period p (metric tons), calculated in Equation L-6 of this
section.
FEP = The fraction of the mass emitted that consists of the
fluorine-containing product.
FEBk = The fraction of the mass emitted that consists of
fluorine-containing by-product k.
MFFRd = Mass fraction of fluorine in reactant d,
calculated in Equation L-14 of this section.
MFFP = Mass fraction of fluorine in the product,
calculated in Equation L-15 of this section.
MFFBk = Mass fraction of fluorine in by-product k,
calculation in Equation L-16 of this section.
u = Number of fluorine-containing by-products generated in process
i.
v = Number of fluorine-containing reactants fed into process i.

(10) The total mass of fluorine-containing product emitted must
be estimated at least monthly based on the total fluorine emitted
and the fraction that consists of fluorine-containing products using
Equation L-12 of this section. If the fluorine-containing product is
a non-GHG, you may assume that FEP is zero.

[[Page 73793]]

[GRAPHIC] [TIFF OMITTED] TR11DE14.016

Where:

EP-ip = Total mass of fluorine-containing product emitted
from process i over the period p (metric tons).
FEP = The fraction of the mass emitted that consists of the
fluorine-containing product.
EF = Total mass of fluorine emissions from process i over
the period p (metric tons), calculated in Equation L-6 of this
section.
FERd = The fraction of the mass emitted that consists of
fluorine-containing reactant d.
FEBk = The fraction of the mass emitted that consists of
fluorine-containing by-product k.
MFFRd = Mass fraction of fluorine in reactant d,
calculated in Equation L-14 of this section.
MFFP = Mass fraction of fluorine in the product,
calculated in Equation L-15 of this section.
MFFBk = Mass fraction of fluorine in by-product k,
calculation in Equation L-16 of this section.
u = Number of fluorine-containing by-products generated in process
i.
v = Number of fluorine-containing reactants fed into process i.

(11) The total mass of fluorine-containing by-product k emitted
must be estimated at least monthly based on the total fluorine
emitted and the fraction that consists of fluorine-containing by-
products using Equation L-13 of this section. If fluorine-containing
by-product k is a non-GHG, you may assume that FEBk is
zero.
[GRAPHIC] [TIFF OMITTED] TR11DE14.017

Where:

EBk-ip = Total mass of fluorine-containing by-product k
emitted from process i over the period p (metric tons).
FEBk = The fraction of the mass emitted that consists of
fluorine-containing by-product k.
FERd = The fraction of the mass emitted that consists of
fluorine-containing reactant d.
FEP = The fraction of the mass emitted that consists of the
fluorine-containing product.
EF = Total mass of fluorine emissions from process i over
the period p (metric tons), calculated in Equation L-6 of this
section.
MFFRd = Mass fraction of fluorine in reactant d,
calculated in Equation L-14 of this section.
MFFP = Mass fraction of fluorine in the product,
calculated in Equation L-15 of this section.
MFFBk = Mass fraction of fluorine in by-product k,
calculation in Equation L-16 of this section.
u = Number of fluorine-containing by-products generated in process
i.
v = Number of fluorine-containing reactants fed into process i.

(12) The mass fraction of fluorine in reactant d must be
estimated using Equation L-14 of this section:
[GRAPHIC] [TIFF OMITTED] TR11DE14.018

Where:

MFFRd = Mass fraction of fluorine in reactant d
(fraction).
MFRd = Moles fluorine per mole of reactant d.
AWF = Atomic weight of fluorine.
MWRd = Molecular weight of reactant d.

(13) The mass fraction of fluorine in the product must be
estimated using Equation L-15 of this section:
[GRAPHIC] [TIFF OMITTED] TR11DE14.019

Where:
MFFP = Mass fraction of fluorine in the product
(fraction).
MFP = Moles fluorine per mole of product.
AWF = Atomic weight of fluorine.
MWP = Molecular weight of the product produced.

(14) The mass fraction of fluorine in by-product k must be
estimated using Equation L-16 of this section:
[GRAPHIC] [TIFF OMITTED] TR11DE14.020

[[Page 73794]]

Where:

MFFBk = Mass fraction of fluorine in the product
(fraction).
MFBk = Moles fluorine per mole of by-product k.
AWF = Atomic weight of fluorine.
MWBk = Molecular weight of by-product k.

(15) Alternative for determining the mass of fluorine destroyed
or recaptured. As an alternative to using Equation L-7 of this
section as provided in paragraph (b)(4) of this section, you may
estimate at least monthly the total mass of fluorine in destroyed or
recaptured streams containing fluorine-containing compounds
(including all fluorine-containing reactants, products, and
byproducts) using Equation L-17 of this section.
[GRAPHIC] [TIFF OMITTED] TR11DE14.021

Where:

FD = Total mass of fluorine in destroyed or recaptured
streams from process i containing fluorine-containing reactants,
products, and by-products over the period p.
DEavgj = Weighted average destruction efficiency of the
destruction device for the fluorine-containing compounds identified
in destroyed stream j under Sec. 98.124(b)(4)(ii) and (5)(ii)
(calculated in Equation L-18 of this section)(fraction).
cTFj = Concentration (mass fraction) of total fluorine in
stream j removed from process i and fed into the destruction device
over the period p. If this concentration is only a trace
concentration, cTFj is equal to zero.
Sj = Mass removed in stream j from process i and fed into
the destruction device over the period p (metric tons).
cTFl = Concentration (mass fraction) of total fluorine in
stream l removed from process i and recaptured over the period p. If
this concentration is only a trace concentration, cBkl is
equal to zero.
Sl = Mass removed in stream l from process i and
recaptured over the period p.
q = Number of streams destroyed in process i.
x = Number of streams recaptured in process i.

(16) Weighted average destruction efficiency. For purposes of
Equation L-17 of this section, calculate the weighted average
destruction efficiency applicable to a destroyed stream using
Equation L-18 of this section.
[GRAPHIC] [TIFF OMITTED] TR11DE14.022

Where:

DEavgj = Weighted average destruction efficiency of the
destruction device for the fluorine-containing compounds identified
in destroyed stream j under 98.124(b)(4)(ii) or (b)(5)(ii), as
appropriate.
DEFGHGf = Destruction efficiency of the device that has
been demonstrated for fluorinated GHG f in stream j (fraction).
cFGHGfj = Concentration (mass fraction) of fluorinated
GHG f in stream j removed from process i and fed into the
destruction device over the period p. If this concentration is only
a trace concentration, cF-GHGfj is equal to zero.
cFCgj = Concentration (mass fraction) of non-GHG
fluorine-containing compound g in stream j removed from process i
and fed into the destruction device over the period p. If this
concentration is only a trace concentration, cFCgj is
equal to zero.
Sj = Mass removed in stream j from process i and fed into
the destruction device over the period p (metric tons).
MFFFGHGf = Mass fraction of fluorine in fluorinated GHG
f, calculated in Equation L-14, L-15, or L-16 of this section, as
appropriate.
MFFFCg = Mass fraction of fluorine in non-GHG fluorine-
containing compound g, calculated in Equation L-14, L-15, or L-16 of
this section, as appropriate.
w = Number of fluorinated GHGs in destroyed stream j.
y = Number of non-GHG fluorine-containing compounds in destroyed
stream j.

2. Mass Balance Method for Sec. 98.124(b). [Note: Numbering
convention here matches original rule text, 75 FR 74774, December 1,
2010.]
(b) Mass balance monitoring. If you determine fluorinated GHG
emissions from any process using the mass balance method under Sec.
98.123(b), you must estimate the total mass of each fluorinated GHG
emitted from that process at least monthly. Only streams that
contain greater than trace concentrations of fluorine-containing
reactants, products, or by-products must be monitored under this
paragraph. If you use an element other than fluorine in the mass-
balance equation pursuant to Sec. 98.123(b)(3), substitute that
element for fluorine in the monitoring requirements of this
paragraph.
(1) Mass measurements. Measure the following masses on a monthly
or more frequent basis using flowmeters, weigh scales, or a
combination of volumetric and density measurements with accuracies
and precisions that allow the facility to meet the error criteria in
Sec. 98.123(b)(1):
(i) Total mass of each fluorine-containing product produced.
Account for any used fluorine-containing product added into the
production process upstream of the output measurement as directed at
Sec. Sec. 98.413(b) and 98.414(b). For each product, the mass
produced used for the mass-balance calculation must be the same as
the mass produced that is reported under subpart OO of this part,
where applicable.
(ii) Total mass of each fluorine-containing reactant fed into
the process.
(iii) The mass removed from the process in each stream fed into
the destruction device.
(iv) The mass removed from the process in each recaptured
stream.
(2) Concentration measurements for use with Sec. 98.123(b)(4).
If you use Sec. 98.123(b)(4) to estimate the mass of fluorine in
destroyed or recaptured streams, measure the following
concentrations at least once each calendar month during which the
process is operating, on a schedule to ensure that the measurements
are representative of the full range of process conditions (e.g.,
catalyst age). Measure more frequently if this is necessary to meet
the error criteria in Sec. 98.123(b)(1). Use equipment and methods
(e.g., gas chromatography) that comply with paragraph (e) of this
section and that have an accuracy and precision that allow the
facility to meet the error criteria in Sec. 98.123(b)(1). Only
fluorine-containing reactants, products, and by-products that occur
in a stream in greater than trace concentrations must be monitored
under this paragraph.
(i) The concentration (mass fraction) of the fluorine-containing
product in each stream that is fed into the destruction device.
(ii) The concentration (mass fraction) of each fluorine-
containing by-product in each stream that is fed into the
destruction device.
(iii) The concentration (mass fraction) of each fluorine-
containing reactant in each stream that is fed into the destruction
device.
(iv) The concentration (mass fraction) of each fluorine-
containing by-product in each stream that is recaptured
(cBkl).

[[Page 73795]]

(3) Concentration measurements for use with Sec. 98.123(b)(15).
If you use Sec. 98.123(b)(15) to estimate the mass of fluorine in
destroyed or recaptured streams, measure the concentrations listed
in paragraphs (b)(3)(i) and (ii) of this section at least once each
calendar month during which the process is operating, on a schedule
to ensure that the measurements are representative of the full range
of process conditions (e.g., catalyst age). Measure more frequently
if this is necessary to meet the error criteria in Sec.
98.123(b)(1). Use equipment and methods (e.g., gas chromatography)
that comply with paragraph (e) of this section and that have an
accuracy and precision that allow the facility to meet the error
criteria in Sec. 98.123(b)(1). Only fluorine-containing reactants,
products, and by-products that occur in a stream in greater than
trace concentrations must be monitored under this paragraph.
(i) The concentration (mass fraction) of total fluorine in each
stream that is fed into the destruction device.
(ii) The concentration (mass fraction) of total fluorine in each
stream that is recaptured.
(4) Emissions characterization: process vents emitting 25,000
metric tons CO2e or more. To characterize emissions from any process
vent emitting 25,000 metric tons CO2e or more, comply
with paragraphs (b)(4)(i) through (b)(4)(v) of this section, as
appropriate. Only fluorine-containing reactants, products, and by-
products that occur in a stream in greater than trace concentrations
must be monitored under this paragraph.
(i) Uncontrolled emissions. If emissions from the process vent
are not routed through a destruction device, sample and analyze
emissions at the process vent or stack or sample and analyze emitted
streams before the process vent. If the process has more than one
operating scenario, you must either perform the emission
characterization for each operating scenario or perform the emission
characterization for the operating scenario that is expected to have
the largest emissions and adjust the emission characterization for
other scenarios using engineering calculations and assessments as
specified in Sec. 98.123(c)(4). To perform the characterization,
take three samples under conditions that are representative for the
operating scenario. Measure the concentration of each fluorine-
containing compound in each sample. Use equipment and methods that
comply with paragraph (e) of this section. Calculate the average
concentration of each fluorine-containing compound across all three
samples.
(ii) Controlled emissions using Sec. 98.123(b)(15). If you use
Sec. 98.123(b)(15) to estimate the total mass of fluorine in
destroyed or recaptured streams, and if the emissions from the
process vent are routed through a destruction device, characterize
emissions as specified in paragraph (b)(4)(i) of this section before
the destruction device. Apply the destruction efficiency
demonstrated for each fluorinated GHG in the destroyed stream to
that fluorinated GHG. Exclude from the characterization fluorine-
containing compounds that are not fluorinated GHGs.
(iii) Controlled emissions using Sec. 98.123(b)(4). If you use
Sec. 98.123(b)(4) to estimate the mass of fluorine in destroyed or
recaptured streams, and if the emissions from the process vent are
routed through a destruction device, characterize the process vent's
emissions monthly (or more frequently) using the monthly (or more
frequent) measurements under paragraphs (b)(1)(iii) and (b)(2)(i)
through (iii) of this section. Apply the destruction efficiency
demonstrated for each fluorinated GHG in the destroyed stream to
that fluorinated GHG. Exclude from the characterization fluorine-
containing compounds that are not fluorinated GHGs.
(iv) Emissions characterization frequency. You must repeat
emission characterizations performed under paragraph (b)(4)(i) and
(ii) of this section under paragraph (b)(4)(iv)(A) or (B) of this
section, whichever occurs first:
(A) 10-year revision. Repeat the emission characterization every
10 years. In the calculations under Sec. 98.123, apply the revised
emission characterization to the process activity that occurs after
the revision.
(B) Operating scenario change that affects the emission
characterization. For planned operating scenario changes, you must
estimate and compare the emission calculation factors for the
changed operating scenario and for the original operating scenario
whose process vent specific emission factor was measured. Use the
engineering calculations and assessments specified in Sec.
98.123(c)(4). If the share of total fluorine-containing compound
emissions represented by any fluorinated GHG changes under the
changed operating scenario by 15 percent or more of the total,
relative to the previous operating scenario (this includes the
cumulative change in the emission calculation factor since the last
emissions test), you must repeat the emission characterization.
Perform the emission characterization before February 28 of the year
that immediately follows the change. In the calculations under Sec.
98.123, apply the revised emission characterization to the process
activity that occurs after the operating scenario change.
(v) Subsequent measurements. If a process vent with fluorinated
GHG emissions less than 25,000 metric tons CO2e, per
Sec. 98.123(c)(2), is later found to have fluorinated GHG emissions
of 25,000 metric tons CO2e or greater, you must perform
an emission characterization under this paragraph during the
following year.
(5) Emissions characterization: Process vents emitting less than
25,000 metric tons CO2e. To characterize emissions from any process
vent emitting less than 25,000 metric tons CO2e, comply
with paragraphs (b)(5)(i) through (iii) of this section, as
appropriate. Only fluorine-containing reactants, products, and by-
products that occur in a stream in greater than trace concentrations
must be monitored under this paragraph.
(i) Uncontrolled emissions. If emissions from the process vent
are not routed through a destruction device, emission measurements
must consist of sampling and analysis of emissions at the process
vent or stack, sampling and analysis of emitted streams before the
process vent, previous test results, provided the tests are
representative of current operating conditions of the process, or
bench-scale or pilot-scale test data representative of the process
operating conditions.
(ii) Controlled emissions using Sec. 98.123(b)(15). If you use
Sec. 98.123(b)(15) to estimate the total mass of fluorine in
destroyed or recaptured streams, and if the emissions from the
process vent are routed through a destruction device, characterize
emissions as specified in paragraph (b)(5)(i) of this section before
the destruction device. Apply the destruction efficiency
demonstrated for each fluorinated GHG in the destroyed stream to
that fluorinated GHG. Exclude from the characterization fluorine-
containing compounds that are not fluorinated GHGs.
(iii) Controlled emissions using Sec. 98.123(b)(4). If you use
Sec. 98.123(b)(4) to estimate the mass of fluorine in destroyed or
recaptured streams, and if the emissions from the process vent are
routed through a destruction device, characterize the process vent's
emissions monthly (or more frequently) using the monthly (or more
frequent) measurements under paragraphs (b)(1)(iii) and (b)(2)(i)
through (iii) of this section. Apply the destruction efficiency
demonstrated for each fluorinated GHG in the destroyed stream to
that fluorinated GHG. Exclude from the characterization fluorine-
containing compounds that are not fluorinated GHGs.
(6) Emissions characterization: Emissions not accounted for by
process vent estimates. Calculate the weighted average emission
characterization across the process vents before any destruction
devices. Apply the weighted average emission characterization for
all the process vents to any fluorine emissions that are not
accounted for by process vent estimates.
(7) Impurities in reactants. If any fluorine-containing impurity
is fed into a process along with a reactant (or other input) in
greater than trace concentrations, this impurity shall be monitored
under this section and included in the calculations under Sec.
98.123 in the same manner as reactants fed into the process, fed
into the destruction device, recaptured, or emitted, except the
concentration of the impurity in the mass fed into the process shall
be measured, and the mass of the impurity fed into the process shall
be calculated as the product of the concentration of the impurity
and the mass fed into the process. The mass of the reactant fed into
the process may be reduced to account for the mass of the impurity.
(8) Alternative to error calculation. As an alternative to
calculating the relative and absolute errors associated with the
estimate of emissions under Sec. 98.123(b), you may comply with the
precision, accuracy, measurement and calculation frequency, and
fluorinated GHG throughput requirements of paragraph (b)(8)(i)
through (iv) of this section.
(i) Mass measurements. Measure the masses specified in paragraph
(b)(1) of this section using flowmeters, weigh scales, or a
combination of volumetric and density measurements with accuracies
and

[[Page 73796]]

precisions of 0.2 percent of full scale or better.
(ii) Concentration measurements. Measure the concentrations
specified in paragraph (b)(2) or (3) of this section, as applicable,
using analytical methods with accuracies and precisions of 10 percent or better.
(iii) Measurement and calculation frequency. Perform the mass
measurements specified in paragraph (b)(1) of this section and the
concentration measurements specified in paragraph (b)(2) or (3) of
this section, as applicable, at least weekly, and calculate
emissions at least weekly.
(iv) Fluorinated-GHG throughput limit. You may use the
alternative to the error calculation specified in paragraph (b)(8)
of this section only if the total annual CO2-equivalent
fluorinated GHG throughput of the process is 500,000
mtCO2e or less. The total throughput is the sum of the
masses of the fluorinated GHG reactants, products, and by-products
fed into and generated by the process. To convert these masses to
CO2e, use Equation A-1 of Sec. 98.2. For fluorinated
GHGs whose GWPs are not listed in Table A-1 to subpart A of this
part, use a default GWP of 2,000.

[FR Doc. 2014-28444 Filed 12-10-14; 8:45 am]
BILLING CODE 6560-50-P

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