Greenhouse Gas Reporting Rule: Leak Detection Methodology Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems, 4987-5006 [2016-01669]

Download as PDF Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules 40 CFR Part 52 [EPA–R08–OAR–2015–0371; FRL–9932–58Region 8] Approval and Promulgation of State Implementation Plan Revisions; Rules, Public Notice and Comment Process, and Renumbering; Utah Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Utah on February 25, 2013, August 5, 2013, and March 5, 2014. These submittals request SIP revisions to incorporate several changes to Utah’s rules, including the permit public notice and comment process requirements, and renumbering for the ‘‘Interstate Transport’’ provisions. EPA is taking this action in accordance with section 110 of the Clean Air Act (CAA). DATES: Written comments must be received on or before February 29, 2016. ADDRESSES: The EPA has established a docket for this action under Docket Identification Number EPA–R08–OAR– 2015–0371. All documents in the docket are listed on the http:// www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in the hard copy form. Publicly available docket materials are available either electronically through http:// www.regulations.gov or in hard copy at EPA Region 8, Office of Partnerships and Regulatory Assistance, Air Program, 1595 Wynkoop Street, Denver, Colorado, 80202–1129. The EPA requests that you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. The Regional Office’s official hours of business are Monday through Friday, 8:00 a.m.–4:00 p.m., excluding federal holidays. An electronic copy of the State’s SIP compilation is also available at http:// www.epa.gov/region8/air/sip.html. Please see the Direct final rule which is located in the Rules Section of this Federal Register for detailed instruction on how to submit comments. jstallworth on DSK7TPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 12:34 Jan 28, 2016 Jkt 238001 Jody Ostendorf, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P–AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129. 303–312–7814, ostendorf.jody@epa.gov. FOR FURTHER INFORMATION CONTACT: ENVIRONMENTAL PROTECTION AGENCY In the ‘‘Rules and Regulations’’ section of this Federal Register, EPA is approving the State’s SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial SIP revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information, please see the ADDRESSES section of this document. Please note that if EPA receives adverse comment on a distinct provision of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. See the information provided in the Direct Final action of the same title which is located in the Rules and Regulations Section of this Federal Register. SUPPLEMENTARY INFORMATION: Authority: 42 U.S.C. 7401 et seq. Dated: August 4, 2015. Shaun L. McGrath, Regional Administrator, Region 8. Editorial Note: This document was received for publication by the Office of Federal Register on January 14, 2016. [FR Doc. 2016–01025 Filed 1–28–16; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 4987 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 98 [EPA–HQ–OAR–2015–0764; FRL–9941–80– OAR] RIN 2060–AS73 Greenhouse Gas Reporting Rule: Leak Detection Methodology Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The EPA is proposing revisions and confidentiality determinations for the petroleum and natural gas systems source category of the Greenhouse Gas Reporting Program (GHGRP). In particular, the EPA is proposing to add new monitoring methods for detecting leaks from oil and gas equipment in the petroleum and natural gas systems source category consistent with the leak detection methods in the recently proposed new source performance standards (NSPS) for the oil and gas industry. The EPA is also proposing to add emission factors for leaking equipment to be used in conjunction with these monitoring methods to calculate and report greenhouse gas (GHG) emissions resulting from equipment leaks. Further, the EPA is proposing reporting requirements and confidentiality determinations for nine new or substantially revised data elements. DATES: Comments. Comments must be received on or before February 29, 2016. Under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of your comments on or before February 29, 2016. Public hearing. The EPA does not plan to conduct a public hearing unless requested. To request a hearing, please contact the person listed in the following FOR FURTHER INFORMATION CONTACT section by February 5, 2016. If requested, the hearing will be conducted on February 16, 2016, in the Washington, DC area. The EPA will provide further information about the hearing on the GHGRP Web site, http://www.epa.gov/ghgreporting/ index.html if a hearing is requested. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2015–0764 to the Federal eRulemaking Portal: http:// SUMMARY: E:\FR\FM\29JAP1.SGM 29JAP1 4988 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division, Office of Atmospheric Programs (MC– 6207A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 343–9263; fax number: (202) 343–2342; email address: GHGReportingRule@epa.gov. For technical information, please go to the GHGRP Web site, http://www.epa.gov/ ghgreporting/index.html. To submit a question, select Help Center, followed by ‘‘Contact Us.’’ Worldwide Web (WWW). In addition to being available in the docket, an electronic copy of this proposal will also be available through the WWW. Following the Administrator’s signature, a copy of this action will be posted on the EPA’s GHGRP Web site at http:// www.epa.gov/ghgreporting/index.html. SUPPLEMENTARY INFORMATION: Regulated Entities. These proposed revisions affect entities that must submit annual GHG reports under the GHGRP (40 CFR part 98). This proposed rule would impose on entities across the U.S. a degree of reporting consistency for GHG emissions from the petroleum and natural gas sector of the economy and therefore is ‘‘nationally applicable’’ within the meaning of section 307(b)(1) of the Clean Air Act (CAA). Although the EPA concludes that the rule is nationally applicable, the EPA is also making a determination, for purposes of CAA section 307(b)(1), that this action is of nationwide scope and effect and is based on such a determination. (See CAA section 307(b)(1) (a petition for review may be filed in the United States Court of Appeals for the District of Columbia ‘‘if such action is based on a determination of nationwide scope or effect and if in taking such action the Administrator finds and publishes that such action is based on such a determination’’).) Further, the Administrator has determined that rules codified in 40 CFR part 98 are subject to the provisions of CAA section 307(d). (See CAA section 307(d)(1)(V) (the provisions of section 307(d) apply to ‘‘such other actions as the Administrator may determine’’).) These are proposed amendments to existing regulations. If finalized, these amended regulations would affect owners or operators of petroleum and natural gas systems that directly emit GHGs. Regulated categories and entities include, but are not limited to, those listed in Table 1 of this preamble: TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY NAICS a Category Petroleum and Natural Gas Systems ......................................... jstallworth on DSK7TPTVN1PROD with PROPOSALS a 486210 221210 211111 211112 Examples of affected facilities Pipeline transportation of natural gas. Natural gas distribution. Crude petroleum and natural gas extraction. Natural gas liquid extraction. North American Industry Classification System. 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. Other types of facilities than those listed in the table could also be subject to reporting requirements. To determine whether you are affected by this action, you should carefully examine the applicability criteria found in 40 CFR part 98, subpart A and 40 CFR part 98, subpart W. If you have questions regarding the applicability of this action to a particular facility, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. Acronyms and Abbreviations. The following acronyms and abbreviations are used in this document. EPA U.S. Environmental Protection Agency FERC Federal Energy Regulatory Commission FR Federal Register GHG greenhouse gas GHGRP Greenhouse Gas Reporting Program GRI Gas Research Institute ICR Information Collection Request LDAR leak detection and repair LNG liquefied natural gas NAICS North American Industry Classification System NSPS new source performance standards NTTAA National Technology Transfer and Advancement Act OGI Optical gas imaging OMB Office of Management and Budget PRA Paperwork Reduction Act RFA Regulatory Flexibility Act U.S. United States UMRA Unfunded Mandates Reform Act VOC volatile organic compounds WWW Worldwide Web CAA CBI CFR CH4 CO2 DOT Organization of This Document. The following outline is provided to aid in locating information in this preamble. Clean Air Act confidential business information Code of Federal Regulations methane carbon dioxide Department of Transportation VerDate Sep<11>2014 12:34 Jan 28, 2016 Jkt 238001 I. Background A. Organization of This Preamble PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 B. Background on the Proposed Action C. Legal Authority D. How would these amendments apply to 2016 and 2017 reports? II. Revisions and Other Amendments A. Why are we proposing to add new monitoring methods for detecting leaks? B. How would the proposed amendments differ from the current subpart W requirements for emissions from equipment leaks? C. How did we select the proposed leaker emission factors? III. Proposed Confidentiality Determinations A. Overview and Background B. Approach to Proposed CBI Determinations C. Proposed Confidentiality Determinations for Data Elements Assigned to the ‘‘Unit/Process Operating Characteristics That Are Not Inputs to Emission Equations’’ Data Category D. Request for Comments on Proposed Confidentiality Determinations IV. Impacts of the Proposed Amendments to Subpart W V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive E:\FR\FM\29JAP1.SGM 29JAP1 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act (PRA) 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 (NTTAA) J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations I. Background jstallworth on DSK7TPTVN1PROD with PROPOSALS A. Organization of This Preamble The first section of this preamble provides background information regarding the proposed amendments. This section also discusses the EPA’s legal authority under the CAA to promulgate and amend 40 CFR part 98 of the Code of Federal Regulations, Mandatory Greenhouse Gas Reporting (hereafter referred to as ‘‘part 98’’) as well as the legal authority for making confidentiality determinations for the data to be reported. Section II of this preamble contains information on the proposed revisions to 40 CFR part 98, subpart W (hereafter referred to as ‘‘subpart W’’). Section III of this preamble discusses proposed confidentiality determinations for the reporting of new and substantially revised data elements. Section IV of this preamble discusses the impacts of the proposed amendments to subpart W. Finally, section V of this preamble describes the statutory and executive order requirements applicable to this action. B. Background on the Proposed Action On October 30, 2009, the EPA published part 98 for collecting information regarding GHGs from a broad range of industry sectors (74 FR 56260). Although reporting requirements for petroleum and natural gas systems were originally proposed to be part of part 98 (75 FR 16448, April 10, 2009), the final October 2009 rulemaking did not include the petroleum and natural gas systems source category as one of the 29 source categories for which reporting requirements were finalized. The EPA re-proposed subpart W in 2010 (79 FR 18608; April 12, 2010), and a subsequent final rulemaking was published on November 30, 2010, with VerDate Sep<11>2014 12:34 Jan 28, 2016 Jkt 238001 4989 the requirements for the petroleum and natural gas systems source category at 40 CFR part 98, subpart W (75 FR 74458) (hereafter referred to as ‘‘the final subpart W rulemaking’’). Following promulgation, the EPA finalized several actions revising subpart W (76 FR 22825, April 25, 2011; 76 FR 53057, August 25, 2011; 76 FR 59533, September 27, 2011; 76 FR 80554, December 23, 2011; 77 FR 51477, August 24, 2012; 78 FR 25392, May 1, 2013; 78 FR 71904, November 29, 2013; 79 FR 70352, November 25, 2014; 80 FR 64262, October 22, 2015). On March 28, 2014, the Obama Administration released the President’s Climate Action Plan—Strategy to Reduce Methane Emissions. The strategy summarizes the sources of methane (CH4) emissions, commits to new steps to cut emissions of this potent GHG, including both voluntary and regulatory programs aimed at reducing CH4 emissions, and outlines the Administration’s efforts to improve the measurement of these emissions. The strategy builds on progress to date and takes steps to further cut CH4 emissions from several sectors, including the oil and natural gas sector.1 In this strategy, the EPA was specifically tasked with continuing to review GHGRP regulatory requirements to address potential gaps in coverage, improve methods, and ensure high quality data reporting. On January 14, 2015, the Obama administration provided additional direction to the EPA to ‘‘explore potential regulatory opportunities for applying remote sensing technologies and other innovations in measurement and monitoring technology to further improve the identification and quantification of emissions’’ in the oil and natural gas sector, such as the emissions submitted as part of GHGRP annual reporting.2 Multiple studies have found that once leaks are detected, the vast majority can be repaired with a positive return to the operator. Often in these cases, a majority of emissions come from a minority of sources. Use of advanced monitoring methods, such as optical gas imaging (OGI), to detect these leaks as soon as practicable has several benefits: It reduces the amount of methane and other atmospheric pollutants that are emitted into our atmosphere, it reduces company losses of valuable commodities like methane, and improves operational and safety practices so that leaks can be identified and fixed more efficiently in the future. Additionally, as part of the agency’s broad-based strategy under the President’s Climate Action Plan, the EPA proposed NSPS for oil and natural gas affected facilities for which owners or operators commence construction, modification or reconstruction after September 18, 2015 (40 CFR part 60, subpart OOOOa (80 FR 56593)) (hereafter referred to as the ‘‘NSPS subpart OOOOa’’). As part of the proposed NSPS subpart OOOOa requirements, well site and compressor station affected sources would be required to implement a fugitive emissions monitoring and repair program for the first time.3 For these proposed affected sources, the NSPS subpart OOOOa would require the monitoring of fugitive emissions components, which includes equipment such as valves, pumps, connectors, and pressure relief devices, for fugitive emissions and the subsequent repair of those fugitive emissions components. The EPA also proposed the use of OGI to identify fugitive emissions from the proposed NSPS subpart OOOOa affected sources.4 5 Currently, GHGRP subpart W sources that are part of the Onshore Petroleum and Natural Gas Production and Onshore Petroleum and Natural Gas Gathering and Boosting segments, which include certain well sites and compressor stations, calculate equipment leak emissions based on a count of equipment rather than from leak surveys. As a result, emissions from leak surveys at well sites or compressor stations in these segments that would be conducted as a result of NSPS subpart OOOOa compliance would not be reflected in calculations for GHGRP subpart W reporting in the current rule. In addition, for industry segments that do have GHGRP leak survey requirements, including the Onshore Natural Gas Transmission Compression, Underground Natural Gas Storage, 1 Climate Action Plan—Strategy to Reduce Methane Emissions. The White House, Washington, DC, March 2014. Available at http:// www.whitehouse.gov/sites/default/files/strategy_to_ reduce_methane_emissions_2014-03-28_final.pdf. Docket Item No. EPA–HQ–OAR–2014–0831–0007. 2 FACT SHEET: Administration Takes Steps Forward on Climate Action Plan by Announcing Actions to Cut Methane Emissions. The White House, Office of the Press Secretary, January 14, 2015. Available at https://www.whitehouse.gov/thepress-office/2015/01/14/fact-sheet-administrationtakes-steps-forward-climate-action-plan-anno-1. 3 Natural gas processing plants subject to 40 CFR part 60, subpart OOOO are already required to monitor for volatile organic compound (VOC) emissions from equipment leaks; NSPS subpart OOOOa would include requirements to monitor for VOC and CH4 emissions from equipment leaks using the same methods as 40 CFR part 60, subpart OOOO. 4 The proposal identified EPA Method 21 as a monitoring method that may also be used to verify repair of leaks, and the EPA requested comment on the use of Method 21 for leak surveys as well. 5 See 80 FR 56593, 56667 (September 18, 2015). PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\29JAP1.SGM 29JAP1 jstallworth on DSK7TPTVN1PROD with PROPOSALS 4990 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules Liquefied Natural Gas (LNG) Storage, and LNG Import and Export Equipment segments, augmenting GHGRP methods with methods proposed in the NSPS subpart OOOOa would avoid the need for sources that are subject to both programs to conduct two different sets of leak/fugitive emission surveys. As another part of the EPA’s response to the President’s Climate Action Plan, in July 2015 the EPA proposed the voluntary Natural Gas STAR Methane Challenge Program (hereafter referred to as ‘‘Methane Challenge Program’’), which would provide a new mechanism through which companies could make and track ambitious commitments to reduce CH4 emissions.6 While tremendous progress has been made during the last 20 years through the Natural Gas STAR Program, significant opportunities remain to reduce CH4 emissions, improve air quality, and capture and monetize this valuable energy resource. The Methane Challenge Program would create a platform for leading companies to go above and beyond existing voluntary action and make meaningful and transparent commitments to yield significant CH4 emissions reductions in a quick, flexible, and cost-effective way. The Methane Challenge Program plans to leverage the significant amount of data reported by facilities to the GHGRP, plus voluntarily supplied supplemental data (as needed), to serve as the basis for tracking specific company actions. This proposed rulemaking would create a mechanism for Methane Challenge Program participants to track their voluntary leak detection and repair efforts.7 As a result of the proposed NSPS subpart OOOOa requirements for fugitive emissions monitoring and repair, plus voluntarily implemented leak detection and repair (LDAR) programs that companies may be undertaking through the Methane Challenge Program or other voluntary efforts, more facilities would have sitespecific information on the types and number of components with fugitive emissions or leaks from each leak detection/monitoring survey. These data could be used to improve facility-level GHG emission estimates and track facility-level GHG emission reductions from equipment leaks for a variety of subpart W industry segments, including: Onshore Petroleum and Natural Gas Production; Onshore Petroleum and 6 See the Natural Gas STAR Methane Challenge Program Proposal Web site, http://www3.epa.gov/ gasstar/methanechallenge/, for more information. 7 The Methane Challenge Program plans to phasein a proposal related to mitigation options for equipment leaks/fugitive emissions at a later date. VerDate Sep<11>2014 12:34 Jan 28, 2016 Jkt 238001 Natural Gas Gathering and Boosting; Onshore Natural Gas Processing; Onshore Natural Gas Transmission Compression; Underground Natural Gas Storage; LNG Storage; and LNG Import and Export Equipment.8 In this action, the EPA is proposing to amend subpart W to add new monitoring methods for detecting leaks from oil and gas equipment as well as to add emission factors to estimate emissions from leaking components (hereafter referred to as ‘‘leaker emission factors’’) for multiple industry segments. The new monitoring methods would augment the equipment leak requirements in subpart W with the fugitive emissions detection methods proposed for the NSPS subpart OOOOa. If the NSPS subpart OOOOa is amended in the future to incorporate other emerging technologies and/or major advances in fugitive monitoring, then the subpart W requirements will be updated by reference as well. Under these proposed amendments, facilities with an NSPS subpart OOOOa affected well site or compressor station fugitive emissions source would use the data derived from the proposed NSPS subpart OOOOa fugitive emissions requirements along with the subpart W equipment leak survey calculation methodology and leaker emission factors to calculate and report their GHG emissions to the GHGRP. These proposed revisions would also provide the opportunity for other sources at subpart W facilities not covered by the proposed NSPS subpart OOOOa fugitive emissions standards (e.g., sources subject to state regulations and sources participating in the Methane Challenge Program or other voluntarily implemented program) to voluntarily use the proposed leak detection methods to calculate and report their GHG emissions to the GHGRP. The amendments in this proposed rulemaking would advance the EPA’s goal of maximizing rule effectiveness. For example, these amendments would align the monitoring requirements in subpart W with those in the NSPS subpart OOOOa, reducing burden for entities subject to the fugitive leak detection requirements in both programs. In addition, this proposed rulemaking provides clear calculation and reporting requirements in subpart W for the proposed new leak detection 8 As proposed, NSPS subpart OOOOa would not cover components in the Natural Gas Distribution subpart W segment, so no additional information on fugitive emissions is expected from this segment beyond information already collected by subpart W. However, it is possible that future voluntary programs could result in improved information on fugitive emissions for this segment. PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 method, thus enabling government, regulated entities, and the public to easily identify and understand rule requirements. The EPA is seeking comment only on the issues specifically identified in this proposed rulemaking. We will not consider comments that are outside the scope of this proposed rulemaking, such as comments on the proposed requirements of the NSPS subpart OOOOa or the proposed Methane Challenge Program, in this rulemaking process. C. Legal Authority The EPA is proposing these rulemaking amendments under its existing CAA authority provided in CAA section 114. As stated in the preamble to the 2009 final GHG reporting rulemaking (74 FR 56260, October 30, 2009), CAA section 114(a)(1) provides the EPA broad authority to require the information proposed to be gathered by this rulemaking because such data would 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 GHG reporting rulemaking (74 FR 56260, October 30, 2009) for further information. In addition, the EPA is proposing confidentiality determinations for proposed new data elements in subpart W under its authorities provided in sections 114, 301, and 307 of the CAA. Section 114(c) of the CAA requires that the EPA make information obtained under section 114 available to the public, except where information qualifies for confidential treatment. The Administrator has determined that this proposed rulemaking is subject to the provisions of section 307(d) of the CAA. D. How would these amendments apply to 2016 and 2017 reports? The EPA is planning to address the comments we receive on these proposed changes and finalize the proposed amendments before the end of 2016. The EPA expects that the final amendments would be published at the same time as or soon after the final NSPS subpart OOOOa is published to ensure that these amendments are aligned. Owners or operators of facilities in the petroleum and natural gas system industry segments that conduct equipment leak detection surveys between the effective date of these final amendments and the end of 2016 would use that information along with information satisfying the provisions of the final amendments to subpart W (including final leaker emission factors) E:\FR\FM\29JAP1.SGM 29JAP1 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules to calculate and report their 2016 reporting year equipment leak emissions. Starting with the 2017 reporting year, owners or operators of the petroleum and natural gas system industry segments that conduct equipment leak detection surveys any time during the year would be required to use that information along with information satisfying the provisions of the final amendments to subpart W (including final leaker emission factors) to calculate and report their annual equipment leak emissions. jstallworth on DSK7TPTVN1PROD with PROPOSALS II. Revisions and Other Amendments A. Why are we proposing to add new monitoring methods for detecting leaks? As noted in section I.B of this preamble, we are proposing to add new monitoring methods for detecting leaks and to add leaker emission factors to align the equipment leak requirements in subpart W with the fugitive emissions monitoring methods proposed for the NSPS subpart OOOOa. These proposed additions would refine the site-specific equipment leak emission estimates provided under the GHGRP for facilities conducting fugitive emissions monitoring. The proposed amendments would also allow facilities to use a consistent method to demonstrate compliance with multiple EPA programs. This proposal would limit burden for subpart W facilities with affected sources that would also be required to comply with the proposed NSPS subpart OOOOa by allowing them to use data derived from the implementation of the NSPS subpart OOOOa to calculate emissions for the GHGRP rather than requiring the use of different monitoring methods or requiring the use of population emission factors even though additional information using a direct leak detection method is available. In addition, these proposed amendments are responsive to comments received on previous subpart W rulemaking efforts. For example, as part of the amendments proposed on December 9, 2014 (79 FR 73148), we received comments generally requesting that reporters be allowed to use information that provides the best representation of emissions from specific sources, including monitoring for equipment leaks, rather than prescribing one specific calculation method across the industry segment. As noted in section I.B of this preamble, reporters in the Onshore Petroleum and Natural Gas Production and Onshore Petroleum and Natural Gas Gathering and Boosting industry segments currently must use facility equipment VerDate Sep<11>2014 12:34 Jan 28, 2016 Jkt 238001 counts and population emission factors to estimate equipment leak emissions. These proposed amendments would allow reporters in those segments to use the information from a leak survey conducted on their equipment to calculate and report GHG emissions to the GHGRP, which may provide more accurate estimates than the current method used for their equipment leak emissions. In the same December 2014 proposed rulemaking, we specifically requested comment on the use of advanced innovative monitoring methods for compliance with subpart W monitoring requirements (see 79 FR 73158). Commenters from several environmental organizations supported the addition of such methods; industry commenters generally stated that optical remote sensing or real time monitoring methods should not be required in subpart W, but they noted that if owners or operators already use these methods, then they should be allowed to use the results as alternatives to other required subpart W monitoring requirements.9 While the use of OGI for leak detection was not the primary focus of this request for comment, allowing facilities to use facility-specific OGI monitoring methods as an alternative to the other required methods in subpart W is consistent with the comments we received on advanced innovative monitoring methods. Where a sitespecific OGI monitoring program is used (such as those proposed in the NSPS subpart OOOOa), the facility will have specific information on the number and type of components with active leaks. We consider it reasonable to allow reporters to use this information to estimate their reported emissions. B. How would the proposed amendments differ from the current subpart W requirements for emissions from equipment leaks? As a first step, the EPA is proposing to add OGI as specified in the proposed NSPS subpart OOOOa to the list of methods for detecting equipment leaks in 40 CFR 98.234(a). Subpart W currently includes an OGI method in this list of methods (see 40 CFR 98.234(a)(1)), but the current subpart W OGI method is not consistent with the OGI method in the proposed NSPS subpart OOOOa. As part of the NSPS subpart OOOOa, the EPA is proposing that the OGI monitoring of fugitive 9 U.S. EPA, Office of Atmospheric Programs, Climate Change Division. Response to Public Comments on the Greenhouse Gas Reporting Rule: 2015 Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems. September 2015. Docket Item No. EPA–HQ–OAR–2014–0831– 0189. PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 4991 emissions components be carried out through the development and implementation of monitoring plans, which would specify the measures for locating fugitive emissions components and the detection technology to be used. Specifically, the proposed NSPS subpart OOOOa would require affected facilities to develop a corporate-wide fugitive emissions monitoring plan that describes the OGI instrument and how the OGI survey would be conducted to ensure that fugitive emissions can be imaged effectively pursuant to specified criteria in the proposed rulemaking, as well as a site-specific fugitive emissions monitoring plan that includes a sitemap and defines the path the operator will take to ensure all fugitive emissions components are monitored. The proposed addition of this specific OGI method to subpart W as 40 CFR 98.234(a)(6) would align the methods in the two rulemakings and allow subpart W facilities to directly use information derived from the implementation of the fugitive emissions monitoring conducted under the NSPS subpart OOOOa to calculate and report emissions to the GHGRP. Consistent with that goal, the EPA expects that the final amendments to subpart W would reference the final version of the method(s) in the NSPS subpart OOOOa, including any changes made to the NSPS subpart OOOOa in response to comments on the proposed method. We request comment on whether there are other methods for detecting equipment leaks that should be added to subpart W, either because they are commonly used across the industry or because they would align the subpart W methods with the methods in another federal, state, or local regulation. The EPA is also proposing to provide the opportunity to use the leak survey monitoring and calculation methodology to additional reporters in subpart W. For example, in the Onshore Petroleum and Natural Gas Production and the Onshore Petroleum and Natural Gas Gathering and Boosting industry segments, subpart W presently requires reporters to count the number of equipment components of each type (e.g., valve, connector, open-ended line, or pressure relief valve) or to count the number of major production equipment at the facility and then estimate the number of equipment components of each type using default average component counts for each piece of equipment in Tables W–1B and W–1C of subpart W. The resulting equipment component counts are then multiplied by default ‘‘population emission factors’’ in Table W–1A of subpart W to calculate emissions from equipment E:\FR\FM\29JAP1.SGM 29JAP1 4992 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules jstallworth on DSK7TPTVN1PROD with PROPOSALS leaks. These population emission factors represent an average emission rate for each equipment component of a certain type, based on the fugitive emissions rates observed during the study that is the basis for the factors. Some studies have found that the majority of a facility’s mass emissions from equipment leaks come from a small percentage of equipment components that have high leak rates.10 In general, the implementation of a program to identify and repair leaking equipment components (e.g., an LDAR program) or fugitive emissions components will tend to reduce emissions once the leaking components are repaired. Therefore, a facility with an ongoing monitoring and repair program will have fewer pieces of equipment with high leak rates and lower equipment leak emissions than prior to implementation of the program. However, no emission reduction will be observed in the subpart W emission estimates if the reporter continues to use equipment component counts and the default population emission factors in subpart W. Therefore, to track changes in emissions in the data reported to the GHGRP from year to year (e.g., to show reduced emissions for facilities implementing a regulatory or voluntary LDAR program or a fugitive emissions monitoring and repair program), we are proposing that facilities that conduct leak surveys use the actual number of leaks identified and the proposed leaker emission factors to determine their equipment leak emissions instead of the default population emission factors. Specifically, facilities with affected sources that are required to conduct fugitive emissions monitoring to comply with the proposed NSPS subpart OOOOa would be required to count the actual number of components with fugitive emissions identified through implementation of the NSPS subpart OOOOa as leaks for purposes for subpart W and use those counts with the leak survey calculation methodology in subpart W to determine equipment leak emissions for those components. If equipment leak surveys are conducted for other purposes, and the other 10 See, for example, Epperson, D., et al., ‘‘Equivalent leak definitions for Smart LDAR (leak detection and repair) when using optical imaging technology.’’ J Air Waste Manag Assoc, 57:9, 1050– 1060 (2007). VerDate Sep<11>2014 12:34 Jan 28, 2016 Jkt 238001 sources and/or facilities are using one of the methods in 40 CFR 98.234(a), the reporter would have the option to use either the number of leaks with the equipment leak survey methodology in subpart W or the facility component counts with the population emission factors. The EPA’s intent with this provision is to allow flexibility for Onshore Petroleum and Natural Gas Production and Onshore Petroleum and Natural Gas Gathering and Boosting reporters whose leak survey method may not align exactly with one of the existing methods in subpart W or the NSPS subpart OOOOa proposed method to continue to use component counts as needed. However, the EPA would expect that any reporter conducting leak surveys that align with the proposed method (or any existing leak detection method in subpart W), whether required by the NSPS subpart OOOOa or part of a voluntary program such as the Methane Challenge Program, would use those results for their subpart W annual reporting, because the additional burden of completing the emissions calculation after a leak survey has been conducted would be similar to using the existing subpart W facility equipment count and population emission factor method and the results would be more representative of the number of leaks at the facility than the existing subpart W method. We request comment on whether there are other situations for which subpart W should require a reporter to use the results of equipment leak surveys conducted using one of the methods in subpart W (e.g., if the survey is conducted pursuant to a federal regulation other than the NSPS subpart OOOOa or pursuant to a state regulation). To quantify emissions from the leaking components, subpart W includes leaker emission factors for each segment using the equipment leak survey methodology. In contrast to the population emission factors, which are multiplied by the total facility component counts, leaker emission factors are multiplied by the actual number of leaks identified by the leak survey for each component type. Subpart W does not currently include leaker emission factors for: (1) The Onshore Petroleum and Natural Gas Production industry segment; (2) the Onshore Petroleum and Natural Gas PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 Gathering and Boosting industry segment; (3) storage wellheads in gas service in the Underground Natural Gas Storage industry segment; (4) LNG storage components in gas service in the LNG Storage industry segment; or (5) LNG terminals components in gas service for the LNG Import and Export Equipment industry segment. In this rulemaking, we are proposing a new set of leaker emission factors for these sources/segments. For industry segments that already include a set of leaker emission factors, we are proposing to expand that set of leaker emission factors to include certain additional components to fully encompass the fugitive emissions components as defined in the proposed NSPS subpart OOOOa. See section II.C of this preamble for more information on the development of the proposed leaker emission factors. The EPA is also proposing to add new reporting requirements for facilities conducting equipment leak surveys to report equipment leak emissions under subpart W. Reporters in the Onshore Petroleum and Natural Gas Production and the Onshore Petroleum and Natural Gas Gathering and Boosting industry segments that begin reporting emissions using the leak survey methodology would be required to report the information currently listed in 40 CFR 98.236(q)(1) and (2), including the number of equipment leak surveys, component type, number of leaking components, average time the components were assumed to be leaking, and annual carbon dioxide (CO2) and CH4 emissions. These data elements are already required to be reported by facilities conducting leak detection surveys in the Onshore Natural Gas Processing, Onshore Natural Gas Transmission Compression, Underground Natural Gas Storage, LNG Storage and LNG Import and Export Equipment industry segments; however, facilities in those segments conducting equipment leak surveys using the OGI method as specified in the NSPS subpart OOOOa would begin reporting leaks for component types with proposed new leaker emission factors. Table 2 provides a summary of the equipment leak methodologies that would be available to each industry segments covered by subpart W under these proposed amendments. E:\FR\FM\29JAP1.SGM 29JAP1 4993 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules TABLE 2—PROPOSED EQUIPMENT LEAK REQUIREMENTS FOR SUBPART W Subpart W—Calculation Methodology Components subject to the NSPS subpart OOOOa Subpart W—Industry Segments Components not subject to the NSPS subpart OOOOa Calculation methodology Method for leak detection a Calculation methodology Method for leak detection b Onshore Petroleum and Natural Gas Production; Onshore Petroleum and Natural Gas Gathering and Boosting. Leak survey (40 CFR 98.233(q)). OGI as specified in the proposed NSPS subpart OOOOa. Leak survey (40 CFR 98.233(q)); OR Population count (40 CFR 98.233(r)). Any method in 40 CFR 98.234(a). N/A. Onshore Natural Gas Processing .................. Leak survey (40 CFR 98.233(q)). Method 21 .................. Leak survey (40 CFR 98.233(q)) c. Any method in 40 CFR 98.234(a). Onshore Natural Gas Transmission Compression; Underground Natural Gas Storage: Storage stations, gas service. Leak survey (40 CFR 98.233(q)). OGI as specified in the proposed NSPS subpart OOOOa. Leak survey (40 CFR 98.233(q)) d. Any method in 40 CFR 98.234(a). Underground Natural Gas Storage: Storage wellheads, gas service. Leak survey (40 CFR 98.233(q)). OGI as specified in the proposed NSPS subpart OOOOa. Leak survey (40 CFR 98.233(q)); OR Population count (40 CFR 98.233(r)). Any method in 40 CFR 98.234(a). N/A. LNG Storage: LNG Service; LNG Import and Export Equipment: LNG Service. Leak survey (40 CFR 98.233(q)). OGI as specified in the proposed NSPS subpart OOOOa. Leak survey (40 CFR 98.233(q)). Any method in 40 CFR 98.234(a). LNG Storage: Gas Service; LNG Import and Export Equipment: Gas Service. Leak survey (40 CFR 98.233(q)). OGI as specified in the proposed NSPS subpart OOOOa. Leak survey (40 CFR 98.233(q)); OR Population count (40 CFR 98.233(r)) e. Any method in 40 CFR 98.234(a). N/A. Natural Gas Distribution: Transmission-distribution transfer stations. N/A ............................. N/A ............................. Leak survey (40 CFR 98.233(q)). Any method in 40 CFR 98.234(a). Natural Gas Distribution: Below grade metering-regulating stations and Distribution Mains and Services. N/A ............................. N/A ............................. Population count (40 CFR 98.233(r)). N/A. jstallworth on DSK7TPTVN1PROD with PROPOSALS a The methods in this column are the methods in the proposed NSPS subpart OOOOa. The final amendments to subpart W would reference the final version of the method(s) in the NSPS subpart OOOOa, including any changes made to the NSPS subpart OOOOa in response to comments on the proposed method. b ‘‘Any method in 40 CFR 98.234(a)’’ means any of the following methods: OGI as specified in 40 CFR 60.18 (40 CFR 98.234(a)(1)), Method 21 (40 CFR 98.234(a)(2)), Infrared laser beam illuminated instrument (40 CFR 98.234(a)(3)), Acoustic leak detection device (40 CFR 98.234(a)(5)), or OGI as specified in the proposed NSPS subpart OOOOa (40 CFR 98.234(a)(6)). c Reporting is required for emissions from valves, connectors, open-ended lines, pressure relief valves, and meters but is optional for pumps. d Reporting is required for emissions from valves, connectors, open-ended lines, pressure relief valves, and meters but is optional for flanges, instruments, and other components. e Reporting is only required for emissions from vapor recovery compressors if this option is chosen. In addition, the EPA is proposing to add three new reporting requirements for facilities conducting equipment leak surveys in all of the above segments as well as the Natural Gas Distribution segment. First, facilities in those segments would be required to report the method(s) in 40 CFR 98.234(a) used to conduct the survey(s). Second, facilities would be required to indicate whether any of their component types are subject to the NSPS subpart OOOOa. Finally, facilities would be required to indicate whether they elected to use the equipment leak survey methodology for any of their component types. C. How did we select the proposed leaker emission factors? As a first step, the EPA is proposing to align the subpart W equipment VerDate Sep<11>2014 12:34 Jan 28, 2016 Jkt 238001 components with the proposed NSPS subpart OOOOa definition of ‘‘fugitive emissions component,’’ to the extent practical. A ‘‘fugitive emissions component’’ is proposed by the NSPS subpart OOOOa to include any component that has the potential to emit fugitive emissions of CH4 or volatile organic compounds (VOC) at a well site or compressor station site, including but not limited to valves, connectors, pressure relief devices, open-ended lines, access doors, flanges, closed vent systems, thief hatches or other openings on storage vessels, agitator seals, distance pieces, crankcase vents, blowdown vents, pump seals or diaphragms, compressors, separators, pressure vessels, dehydrators, heaters, instruments, and meters. We are not PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 proposing to consider devices that vent as part of normal operations, such as natural gas-driven pneumatic controllers or natural gas-driven pumps, as fugitive emissions components, as the natural gas discharged from the device’s vent is not considered a fugitive emission. Emissions originating from a location other than the vent, such as the seals around the bellows of a diaphragm pump, would be considered fugitive emissions. Some of the components listed in the NSPS subpart OOOOa proposed definition of fugitive emissions component are already included as part of the subpart W equipment leaks calculation methodology, while other fugitive emissions components are specifically addressed in other calculation methodologies in subpart W. E:\FR\FM\29JAP1.SGM 29JAP1 jstallworth on DSK7TPTVN1PROD with PROPOSALS 4994 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules For example, subpart W includes specific calculation methodologies for centrifugal and reciprocating compressors. If emissions from these certain compressor sources are observed during an OGI survey and these emissions are included as leaks in the subpart W equipment leak emissions calculation, then emissions from these sources could be double-counted. Therefore, we compared the list of components in the NSPS subpart OOOOa proposed definition of fugitive emissions component with the current methodologies in subpart W to identify which fugitive emissions components are already covered by an existing requirement in subpart W and which fugitive emissions components would be specifically covered as an equipment leak component in subpart W when using the OGI method as specified in the proposed NSPS subpart OOOOa. Based on this evaluation, we determined that the subpart W calculation methodology for storage tanks already generally includes emissions from thief hatches or other openings on storage vessels. Similarly, the subpart W methodologies for gasliquid separators include all potential emissions from these sources. Therefore, these sources are not considered equipment leak components in the proposed amendments to subpart W. We request comment on whether the EPA should consider separate approaches for controlled storage tanks and uncontrolled storage tanks. We also evaluated the subpart W compressor emission calculation methodologies to identify sources of overlap between these methodologies and the fugitive emission components included in the proposed NSPS subpart OOOOa. As noted previously, subpart W has specific calculation methodologies for centrifugal and reciprocating compressors. For centrifugal compressors, emission sources include wet seal oil degassing vent (for centrifugal compressors with wet seals), blowdown valve leakage, and isolation valve leakage. For reciprocating compressors, emission sources include reciprocating compressor rod packing vents, blowdown valve leakage, and isolation valve leakage. For compressors in the Onshore Petroleum and Natural Gas Production and the Onshore Petroleum and Natural Gas Gathering and Boosting industry segments, the compressor methods only cover emissions from the centrifugal compressor wet seal oil degassing vent and from the reciprocating compressor rod packing vent. Thus, for these industry segments, blowdown valve leakage and isolation VerDate Sep<11>2014 12:34 Jan 28, 2016 Jkt 238001 valve leakage are proposed to be included as equipment leaks. For the Natural Gas Processing, Onshore Natural Gas Transmission Compression, Underground Natural Gas Storage, LNG Storage, and LNG Import and Export Equipment segments, subpart W requires reporters to make ‘‘as found’’ or continuous measurements for compressor emission sources, so the reporters will have either direct measurement data or site-specific emission factors by which to calculate emissions from all of the compressor sources listed above. Therefore, we are proposing to exclude these sources from the equipment leak calculation requirements. We are also proposing that for purposes of subpart W, all other fugitive emissions components as defined in the proposed NSPS subpart OOOOa not specifically identified above (e.g., storage tanks, gas-liquid separators, and compressor sources with explicit calculation methods in subpart W) would be considered equipment components when conducting an equipment leak survey using the OGI method as specified in the proposed NSPS subpart OOOOa. We note that some studies have identified unusually large fugitive emissions from some sources while conducting OGI or other advanced innovative monitoring studies. Often in these cases, a majority of emissions come from a minority of sources. This means that some sources have emissions significantly higher than would be calculated using average emission factors and average component types. Sources included in the subset of a data set that contribute to the majority of emissions are sometimes referred to as ‘‘super emitters.’’ 11 These ‘‘super emitters’’ may include emissions from a number of different components, including thief hatches and holes that develop in equipment or vessels due to corrosion. As noted previously, these emission sources are already generally included in the subpart W calculation methodology for storage tanks, but for most other emission source types, we are proposing to include holes and other openings as part of the equipment leak requirements. We request comment on ways to more accurately account for these and other ‘‘super emitting’’ 11 For example: Subramanian, R., et al., 2015, ‘‘Methane Emissions from Natural Gas Compressor Stations in the Transmission and Storage Sector: Measurements and Comparisons with the EPA Greenhouse Gas Reporting Program Protocol,’’ Environ. Sci. Technol., vol. 49, pp. 3252–3261, February 10, 2015. PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 sources in the proposed calculation methods for equipment leaks. Next, we reviewed available literature studies in order to determine appropriate leaker emission factors separately for the relevant industry segments. For the Onshore Petroleum and Natural Gas Production industry segment, we first evaluated the EPA/Gas Research Institute (GRI) data set on which the current subpart W population emission factors are based. The EPA/ GRI data set is based on surveys conducted using EPA Method 21 with a leak defined as a monitor reading of 10,000 ppmv or higher. We also evaluated more recent studies conducted at natural gas production facilities. As described in greater detail in the memorandum entitled ‘‘Technical Support for Leak Detection Methodology Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems’’ in Docket ID No. EPA–HQ–OAR–2015– 0764, we concluded that the EPA/GRI data set provides sufficient data to develop leaker emission factors for this industry segment and that using this data set for the leaker emission factors provides consistency with the population emission factors used by reporters that do not conduct leak detection surveys. Due to differences in the monitoring methods, it is possible that the average emissions rate of a leak identified using EPA Method 21 may be different from the average emissions rate of a leak identified using OGI. While the OGI study data generally yielded larger leaker factors than those developed from the EPA/GRI data set, we found that leaker emission factors determined from more recent OGI study data for natural gas production facilities agreed reasonably well with the leaker emission factors developed from the EPA/GRI data set, suggesting that the EPA/GRI leaker emission factor estimates are still valid for this industry segment. Furthermore, the EPA/GRI data set is more robust for some components than some of the other studies, and the resulting leaker emission factors are well-established. We request comment on the basis for the leaker emission factors for the Onshore Petroleum and Natural Gas Production industry segment (i.e., whether it is appropriate to use solely the EPA/GRI data, use solely data from OGI monitoring studies, composite all available data to develop the leaker emission factors, or use other study data). For the Onshore Petroleum and Natural Gas Gathering and Boosting industry segment, the more recent OGI studies again suggested that the average E:\FR\FM\29JAP1.SGM 29JAP1 jstallworth on DSK7TPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules leaker emissions may be somewhat higher than those developed from the EPA/GRI data set for most components. However, when we considered only those component types that had a high number of measurements, there was generally reasonable agreement between the emission factors developed from the more recent OGI studies and those developed from the EPA/GRI data set. It is unclear if the differences noted are due to differences in the leak detection method, differences in the industry components or both. However, after reviewing the available data, we determined it was appropriate to use the leaker emission factors developed from the EPA/GRI data set for the Onshore Petroleum and Natural Gas Gathering and Boosting industry segment, so that the Onshore Petroleum and Natural Gas Production and Onshore Petroleum and Natural Gas Gathering and Boosting industry segments would share a common set of leaker factors, consistent with the use of the same population emission factors for these industry segments. We request comment on the basis for the leaker emission factors for the Onshore Petroleum and Natural Gas Gathering and Boosting industry segment. The Onshore Natural Gas Processing industry segment has leaker emission factors in subpart W for most traditional equipment leak components. Based on the proposed NSPS subpart OOOOa, the fugitive emissions monitoring requirements for this industry segment would be limited to ‘‘equipment,’’ which includes pumps, pressure relief devices, open-ended lines, valves, flanges and other connectors. Subpart W currently includes leaker emission factors in Table W–2 for all of these equipment component types except pumps. Therefore, we are proposing to add a leaker emission factor for pumps to Table W–2 based on the data set used to develop the existing leaker emission factors for the Onshore Natural Gas Processing industry segment. We request comment on the basis for the leaker emission factors for pumps in the Onshore Natural Gas Processing industry segment. The NSPS subpart OOOOa proposed definition of fugitive emissions components includes a number of other components that are not the traditional ‘‘equipment’’ covered by traditional EPA Method 21 monitoring programs. In many cases, these additional components are not already included in other calculation methodologies in subpart W and should be considered within the subpart W equipment leak calculation methodologies. Therefore, we determined it necessary to develop VerDate Sep<11>2014 12:34 Jan 28, 2016 Jkt 238001 additional leaker emission factors to augment the existing leaker emission factors in Tables W–3 through W–6 of subpart W in order to harmonize the subpart W equipment leak calculations with the proposed requirements in the NSPS subpart OOOOa. First, we reviewed the existing leaker emission factors in Tables W–3 through W–6 compared to the proposed definition of ‘‘fugitive emissions components’’ in the proposed NSPS subpart OOOOa to identify any discrepancies. Based on this review, we identified certain fugitive emissions components for which new leaker emission factors were needed. Therefore, we are proposing new leaker emission factors for flanges and ‘‘other’’ fugitive components and proposing to expand the existing leaker emission factor for meters to also include instruments in Tables W–3 and W–4 for the Onshore Natural Gas Transmission Compression and Underground Natural Gas Storage industry segments, respectively. We are also proposing to add leaker emission factors for traditional equipment components for storage wellheads for equipment in gas service within Table W–4. We are proposing to add these same leaker emission factors for traditional equipment components in gas service for LNG storage components within Table W–5 and for LNG terminal components within Table W–6. Consistent with the approach used for developing the new leaker emission factors for the Onshore Petroleum and Natural Gas Production and Onshore Petroleum and Natural Gas Gathering and Boosting segments, we used the same historic data sets upon which the existing leaker emission factors were developed to develop leaker emission factors for these additional components. For more detail regarding the development of these additional leaker emission factors for the Onshore Natural Gas Transmission Compression, the Underground Natural Gas Storage, the LNG Storage, and the LNG Import and Export Equipment industry segments, see the memorandum ‘‘Technical Support for Leak Detection Methodology Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems’’ in Docket ID No. EPA–HQ–OAR–2015– 0764. We request comment on the basis for the proposed new leaker emission factors for these industry segments. III. Proposed Confidentiality Determinations A. Overview and Background In this proposed rulemaking, we are proposing confidentiality PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 4995 determinations for nine new or substantially revised data elements proposed to be reported by the following segments: Onshore Petroleum and Natural Gas Production; Onshore Petroleum and Natural Gas Gathering and Boosting; Onshore Natural Gas Processing; Onshore Natural Gas Transmission Compression; Underground Natural Gas Storage; LNG Storage; LNG Import and Export Equipment, and Natural Gas Distribution. These data elements include new or substantially revised reporting requirements for existing facilities already reporting under subpart W. The data elements are: (1) The number of complete equipment leak surveys performed during the calendar year; (2) whether any equipment leak component types are subject to the NSPS subpart OOOOa; (3) whether a reporter elected to report to subpart W using the equipment leak survey methodology; (4) the method(s) in 40 CFR 98.234(a) used to conduct the leak survey; (5) component type; (6) the number of each type of component identified as leaking; (7) the average time each type of surveyed components is assumed to be leaking and operational; (8) annual CO2 emissions by component type; and (9) annual CH4 emissions by component type. The final confidentiality determinations the EPA has previously made for the remainder of the subpart W data elements are unaffected by these proposed amendments and continue to apply. For information on confidentiality determinations for the GHGRP and subpart W data elements, see: 75 FR 39094, July 7, 2010; 76 FR 30782, May 26, 2011; 77 FR 48072, August 13, 2012; 79 FR 63750, October 24, 2014; 79 FR 70385, November 25, 2014; and 80 FR 64262, October 22, 2015. These proposed confidentiality determinations would be finalized after considering public comment. The EPA plans to finalize these determinations at the same time the proposed amendments described in this rulemaking are finalized. B. Approach to Proposed CBI Determinations We are applying the same approach as previously used for making confidentiality determinations for data elements reported under the GHGRP. In the ‘‘Confidentiality Determinations for Data Required Under the Mandatory Greenhouse Gas Reporting Rule and Amendments to Special Rules Governing Certain Information Obtained Under the Clean Air Act’’ (hereafter referred to as ‘‘2011 Final CBI Rulemaking’’) (76 FR 30782, May 26, E:\FR\FM\29JAP1.SGM 29JAP1 jstallworth on DSK7TPTVN1PROD with PROPOSALS 4996 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules 2011), the EPA grouped part 98 data elements into 22 data categories (11 direct emitter data categories and 11 supplier data categories) with each of the 22 data categories containing data elements that are similar in type or characteristics. The EPA then made categorical confidentiality determinations for eight direct emitter data categories and eight supplier data categories and applied the categorical confidentiality determination to all data elements assigned to the category. Of these data categories with categorical determinations, the EPA determined that four direct emitter data categories are comprised of those data elements that meet the definition of ‘‘emissions data,’’ as defined at 40 CFR 2.301(a), and are, therefore, not entitled to confidential treatment under section 114(c) of the CAA.12 The EPA determined that the other four direct emitter data categories and the eight supplier data categories do not meet the definition of ‘‘emission data.’’ For these data categories that are determined not to be emission data, the EPA determined categorically that data in three direct emitter data categories and five supplier data categories are eligible for confidential treatment as CBI, and that the data in one direct emitter data category and three supplier data categories are ineligible for confidential treatment as CBI. For two direct emitter data categories, ‘‘Unit/Process ‘Static’ Characteristics that Are Not Inputs to Emission Equations’’ and ‘‘Unit/Process Operating Characteristics that Are Not Inputs to Emission Equations,’’ and three supplier data categories, ‘‘GHGs Reported,’’ ‘‘Production/Throughput Quantities and Composition,’’ and ‘‘Unit/Process Operating Characteristics,’’ the EPA determined in the 2011 Final CBI Rulemaking that the data elements assigned to those categories are not emission data, but the EPA did not make categorical CBI determinations for them. Rather, the EPA made CBI determinations for each individual data element included in those categories on a case-by-case basis taking into consideration the criteria in 40 CFR 2.208. The EPA did not make a final confidentiality determination for data elements assigned to the inputs to emission equation data category (a direct emitter data category) in the 2011 Final CBI Rulemaking. However, the EPA has since proposed and finalized an approach for addressing disclosure concerns associated with inputs to emissions equations.13 For this rulemaking, we are proposing to assign nine new or revised data elements to the appropriate direct emitter data categories created in the 2011 Final CBI Rulemaking based on the type and characteristics of each data element.14 Note that subpart W is a direct emitter source category, thus, no data are assigned to any supplier data categories. For the seven data elements that the EPA has assigned in this proposed rulemaking to a direct emitter category with a categorical determination (data elements (1) through (5), (8), and (9), as listed in section III.A of this preamble), the EPA is proposing that the categorical determination for the category be applied to the proposed new or revised data element. For the proposed categorical assignment of the data elements in the eight categories with categorical determinations, see the memorandum ‘‘Data Category Assignments and Confidentiality Determinations for All Data Elements in the Proposed ‘Leak Detection Methodology Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems’ ’’ in Docket ID No. EPA–HQ–OAR–2015– 0764. For the two data elements assigned to ‘‘Unit/Process Operating Characteristics that Are Not Inputs to Emission Equations’’ (data elements (6) and (7), as listed in section III.A of this preamble), we are proposing confidentiality determinations on a case-by-case basis taking into consideration the criteria in 40 CFR 2.208, consistent with the approach used for data elements previously assigned to this data category. For the proposed categorical assignment of these data elements, see the memorandum ‘‘Data Category Assignments and Confidentiality Determinations for All Data Elements in the Proposed ‘Leak Detection Methodology Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems’ ’’ in Docket ID No. EPA–HQ–OAR–2015– 0764. For the results of our case-by-case evaluation of these data elements, see section III.C of this preamble. C. Proposed Confidentiality Determinations for Data Elements Assigned to the ‘‘Unit/Process Operating Characteristics That Are Not Inputs to Emission Equations’’ Data Category 12 Direct emitter data categories that meet the definition of ‘‘emission data’’ in 40 CFR 2.301(a) are ‘‘Facility and Unit Identifier Information,’’ ‘‘Emissions,’’ ‘‘Calculation Methodology and Methodological Tier,’’ and ‘‘Data Elements Reported for Periods of Missing Data that are not Inputs to Emission Equations.’’ 13 Revisions to Reporting and Recordkeeping Requirements, and Confidentiality Determinations Under the Greenhouse Gas Reporting Program; Final Rule. (79 FR 63750, October 24, 2014). 14 For a description of the types and characteristics of the data elements in each of these data categories, please see ‘‘Proposed Confidentiality Determinations for Data Required Under the Mandatory Greenhouse Gas Reporting Rule and Proposed Amendment to Special Rules Governing Certain Information Obtained Under the Clean Air Act; Proposed Rule’’ (75 FR 39094; July 7, 2010). VerDate Sep<11>2014 12:34 Jan 28, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 The EPA is proposing to assign two proposed new or substantially revised data elements for subpart W to the ‘‘Unit/Process Operating Characteristics That Are Not Inputs to Emission Equations’’ data category because the proposed new or substantially revised data elements share the same characteristics as the other data elements previously assigned to the category in earlier EPA rulemakings (see 77 FR 48072, August 13, 2012; and 79 FR 70352, November 25, 2014). We are proposing confidentiality determinations for these proposed new or substantially revised data elements based on the approach set forth in the 2011 Final CBI Rulemaking for data elements assigned to this data category. In that rulemaking, the EPA determined categorically that data elements assigned to this data category do not meet the definition of emission data in 40 CFR 2.301(a); the EPA then made individual, instead of categorical, confidentiality determinations for these data elements. For more information on how the confidentiality determinations apply to specific industry segments, see the memorandum ‘‘Data Category Assignments and Confidentiality Determinations for All Data Elements in the Proposed ‘Leak Detection Methodology Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems’ ’’ in Docket ID No. EPA–HQ–OAR–2015– 0764. As with all other data elements assigned to this data category, the proposed new or substantially revised data elements do not meet the definition of emissions data in 40 CFR 2.301(a). The EPA then considered the confidentiality criteria at 40 CFR 2.208 in making our proposed confidentiality determinations. Specifically, we focused on whether the data are already publicly available from other sources and, if not, whether disclosure of the data is likely to cause substantial harm to the business’ competitive position. Table 3 of this preamble lists the data elements that the EPA proposes to assign to the ‘‘Unit/Process Operating Characteristics That Are Not Inputs to Emission E:\FR\FM\29JAP1.SGM 29JAP1 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules Equations’’ data category, the proposed confidentiality determination for each 4997 data element, and our rationale for each determination. TABLE 3—PROPOSED CONFIDENTIALITY FOR DATA ELEMENTS ASSIGNED TO THE ‘‘UNIT/PROCESS OPERATING CHARACTERISTICS THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORY Data element Proposed confidentiality determination and rationale § 98.236(q)(2)(ii) ........ For each component type that is located at your facility, total number of the surveyed component type that were identified as leaking in the calendar year (‘‘xp’’ in Equation W–30). § 98.236(q)(2)(iii) ........ jstallworth on DSK7TPTVN1PROD with PROPOSALS Citation For each component type that is located at your facility, average time the surveyed components are assumed to be leaking and operational, in hours (average of ‘‘Tp,z’’ from Equation W–30). Not CBI. The term ‘‘equipment leaks’’ refers to those emissions which could not reasonably pass through a stack, chimney, vent, or other functionallyequivalent opening. Leaking components at a facility may have a correlation to the level of maintenance at a facility. However, there is no direct correlation between the level of maintenance and process efficiency, i.e., a higher number of leaks in one facility do not indicate that the processes have been running longer or more frequently than those processes at another facility that has a lower number of leaks. Furthermore, Department of Transportation (DOT) and Federal Energy Regulatory Commission (FERC) regulations require natural gas distribution companies and transmission pipeline companies, respectively, to conduct periodic leak detection and fix any leaking equipment. The number of leaks detected and fixed is reported to the DOT and is publicly available. Finally, 40 CFR part 60, subparts KKK and OOOO require natural gas processing facilities to monitor for VOC leaks and report them to the EPA, and proposed 40 CFR part 60, subpart OOOOa would require reporting for each component with visible emissions at affected well sites and compressor station sites. The EPA is proposing that this data element is not confidential; and that it will be considered nonCBI. Not CBI. This proposed data element would provide information on the amount of time operational components were found to be leaking. This information would provide little insight into maintenance practices at a facility because it would not identify the cause of the leaks or the nature and cost of repairs. Therefore, this information would not be likely to cause substantial competitive harm to reporters. For this reason, we are proposing the average time operational components were found leaking be designated as ‘‘not CBI.’’ D. Request for Comments on Proposed Confidentiality Determinations For the CBI component of this rulemaking, we are specifically soliciting comment on the following issues. First, we specifically seek comment on the proposed data category assignments, and application of the established categorical confidentiality determinations to data elements assigned to categories with such determinations. If a commenter believes that the EPA has improperly assigned certain new or substantially revised data elements to any of the data categories established in the 2011 Final CBI Rulemaking, please provide specific comments identifying which of these data elements may be mis-assigned along with a detailed explanation of why you believe them to be incorrectly assigned and in which data category you believe they belong. In addition, if you believe that a data element should be assigned to one of the two direct emitter data categories that do not have a categorical confidentiality determination, please also provide specific comment along with detailed rationale and supporting information on whether such a data element does or does not qualify as CBI. We also seek comment on the proposed individual confidentiality VerDate Sep<11>2014 12:34 Jan 28, 2016 Jkt 238001 determinations for the two new or substantially revised data elements assigned to the ‘‘Unit/Process Operating Characteristics That Are Not Inputs to Emission Equations’’ data category. By proposing confidentiality determinations prior to data reporting through this proposal and rulemaking process, we provide reporters an opportunity to submit comments, in particular comments identifying data they consider sensitive and their rationales and supporting documentation; this opportunity is the same opportunity that is afforded to submitters of information in case-bycase confidentiality determinations made in response to individual claims for confidential treatment not made through a rulemaking. It provides an opportunity to rebut the agency’s proposed determinations prior to finalization. We will evaluate the comments on our proposed determinations, including claims of confidentiality and information substantiating such claims, before finalizing the confidentiality determinations. Please note that this will be a reporter’s only opportunity to substantiate a confidentiality claim for the data elements identified in this rulemaking. Upon finalizing the confidentiality determinations of the PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 data elements identified in this rulemaking, the EPA will release or withhold these data in accordance with 40 CFR 2.301, which contains special provisions governing the treatment of part 98 data for which confidentiality determinations have been made through rulemaking. When submitting comments regarding the confidentiality determinations we are proposing in this rulemaking, please identify each individual data element you do or do not consider to be CBI or emission data in your comments. Please explain specifically how the public release of that particular data element would or would not cause a competitive disadvantage to a facility. Discuss how this data element may be different from or similar to data that are already publicly available. Please submit information identifying any publicly available sources of information containing the specific data elements in question. Data that are already available through other sources would likely be found not to qualify for CBI protection. In your comments, please identify the manner and location in which each specific data element you identify is publicly available, including a citation. If the data are physically published, such as in a book, industry trade publication, or federal agency E:\FR\FM\29JAP1.SGM 29JAP1 4998 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules jstallworth on DSK7TPTVN1PROD with PROPOSALS publication, provide the title, volume number (if applicable), author(s), publisher, publication date, and International Standard Book Number (ISBN) or other identifier. For data published on a Web site, provide the address of the Web site and the date you last visited the Web site and identify the Web site publisher and content author. If your concern is that competitors could use a particular data element to discern sensitive information, specifically describe the pathway by which this could occur and explain how the discerned information would negatively affect your competitive position. Describe any unique process or aspect of your facility that would be revealed if the particular data element you consider sensitive were made publicly available. If the data element you identify would cause harm only when used in combination with other publicly available data, then describe the other data, identify the public source(s) of these data, and explain how the combination of data could be used to cause competitive harm. Describe the measures currently taken to keep the data confidential. Avoid conclusory and unsubstantiated statements, or general assertions regarding potential harm. Please be as specific as possible in your comments and include all information necessary for the EPA to evaluate your comments. IV. Impacts of the Proposed Amendments to Subpart W As discussed in section II of this preamble, the EPA is proposing amendments to subpart W that would add equipment leak monitoring methods and would revise recordkeeping and reporting requirements for reporters in the following industry segments: Onshore Petroleum and Natural Gas Production, Onshore Petroleum and Natural Gas Gathering and Boosting, Onshore Natural Gas Processing, Onshore Natural Gas Transmission Compression, Underground Natural Gas Storage, LNG Storage, LNG Import and Export Equipment, and Natural Gas Distribution. Reporters in these industry segments would be required to use the results of fugitive emissions component monitoring required under the proposed NSPS subpart OOOOa or could voluntarily use the results of leak detection surveys that are conducted following a leak detection method listed in subpart W to determine the number of leaking components of a given type that are present at the facility. Facilities would use these results along with the proposed leaker emission factors to determine their emissions. VerDate Sep<11>2014 12:34 Jan 28, 2016 Jkt 238001 The proposed amendments to subpart W are not expected to significantly increase burden. We estimated that the additional costs to reporters in the Onshore Petroleum and Natural Gas Production and the Onshore Petroleum and Natural Gas Gathering and Boosting industry segments to transition their existing equipment leak recordkeeping, calculating, and reporting systems to use the proposed leaker emission factor approach would be approximately $50,000 per year for all reporters, or about $200 per reporter. Reporters in the other industry segments in subpart W would only need to add a few new emission factors to their existing systems rather than transitioning their recordkeeping, calculating, and reporting systems, so we do not estimate any additional burden for these facilities. See the memorandum, ‘‘Assessment of Impacts of the Proposed Leak Detection Methodology Revisions to Subpart W’’ in Docket ID No. EPA– HQ–OAR–2015–0764 for additional information. V. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 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 and was therefore not submitted to the OMB for review. B. Paperwork Reduction Act (PRA) The information collection activities in this proposed rule have been submitted for approval to the OMB under the PRA. The Information Collection Request (ICR) document that the EPA prepared has been assigned EPA ICR number 2300.19. You can find a copy of the ICR in the docket for this rule, and it is briefly summarized here. This action proposes to increase burden related to recordkeeping and reporting requirements for reporters in two industry segments: Onshore Petroleum and Natural Gas Production and Onshore Petroleum and Natural Gas Gathering and Boosting. The changes to recordkeeping and reporting requirements for the other industry segments in this proposed rulemaking are not expected to increase burden. Impacts associated with the proposed changes to the recordkeeping and reporting requirements are detailed in the memorandum ‘‘Assessment of Impacts of the Proposed Leak Detection PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 Methodology Revisions to Subpart W’’ (see Docket ID No. EPA–HQ–OAR– 2015–0764). Data collected must be made available to the public unless the data qualify for CBI treatment under the CAA and EPA regulations. All data determined by the EPA to be CBI are safeguarded in accordance with regulations in 40 CFR chapter 1, part 2, subpart B. Respondents/affected entities: The respondents in this information collection include owners and operators of petroleum and natural gas systems facilities that report their GHG emissions from equipment leaks to the EPA to comply with subpart W. Respondent’s obligation to respond: The respondent’s obligation to respond is mandatory under the authority provided in CAA section 114. Estimated number of respondents: Approximately 251 respondents per year. Frequency of response: Annual. Total estimated burden: 502 hours (per year). Burden is defined at 5 CFR 1320.3(b). Total estimated cost: $50,000 (per year). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for the EPA’s regulations in 40 CFR are listed in 40 CFR part 9. Submit your comments on the agency’s need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden to the EPA using the docket identified at the beginning of this rule. You may also send your ICR-related comments to OMB’s Office of Information and Regulatory Affairs via email to oria_ submissions@omb.eop.gov, Attention: Desk Officer for the EPA. Since OMB is required to make a decision concerning the ICR between 30 and 60 days after receipt, OMB must receive comments no later than February 29, 2016. The EPA will respond to any ICR-related comments in the final rule. C. Regulatory Flexibility Act (RFA) I certify that this action would not have a significant economic impact on a substantial number of small entities under the RFA. The small entities directly regulated by this proposed rule include small businesses in the petroleum and natural gas industry. The EPA has determined that some small businesses would be affected because their production processes emit GHGs exceeding the reporting threshold. This action includes proposed amendments E:\FR\FM\29JAP1.SGM 29JAP1 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules that may result in a small burden increase on some subpart W reporters, but the EPA has determined that the cost of less than $200 per reporter is not a significant increase. Details of this analysis are presented in ‘‘Assessment of Impacts of the Leak Detection Methodology Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems’’ in Docket ID No. EPA–HQ–OAR–2015– 0764. D. Unfunded Mandates Reform Act (UMRA) This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. This action would impose no enforceable duty on any state, local, or tribal governments or the private sector. 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. jstallworth on DSK7TPTVN1PROD with PROPOSALS F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action has tribal implications. However, it will neither impose substantial direct compliance costs on tribal governments, nor preempt tribal law. This regulation would apply directly to petroleum and natural gas facilities that emit greenhouses gases. Although few facilities that would be subject to the rule are likely to be owned by tribal governments, the EPA sought opportunities to provide information to tribal governments and representatives during the development of the proposed and final subpart W that was promulgated on November 30, 2010 (75 FR 74458). The EPA consulted with tribal officials under the EPA Policy on Consultation and Coordination with Indian Tribes early in the process of developing this regulation to permit them to have meaningful and timely input into its development. A summary of that consultation is provided in section IV.F of the preamble to the reproposal of subpart W published on April 12, 2010 (75 FR 18608), and section IV.F of the preamble to the subpart W 2010 final rule published on November 30, 2010 (75 FR 74458). VerDate Sep<11>2014 12:34 Jan 28, 2016 Jkt 238001 G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks, that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes the human health or environmental risk addressed by this action would not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations because the amendments would not affect the level of protection provided to human health or the environment. Instead, the proposed amendments address information collection and reporting and verification procedures. List of Subjects in 40 CFR Part 98 Environmental protection, Administrative practice and procedure, Greenhouse gases, Incorporation by reference, Reporting and recordkeeping requirements. Dated: January 21, 2016. Gina McCarthy, Administrator. For the reasons stated in the preamble, title 40, chapter I, of the Code of Federal Regulations is proposed to be amended as follows: PART 98—MANDATORY GREENHOUSE GAS REPORTING 1. The authority citation for part 98 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 4999 Subpart W—Petroleum and Natural Gas Systems 2. § 98.232 is amended by: a. Adding paragraphs (d)(8) and (e)(8); b. Revising paragraph (f)(5); c. Adding paragraphs (f)(6) through (8); ■ d. Revising paragraphs (g)(3) and (4); ■ e. Adding paragraphs (g)(5) and (6); ■ f. Revising paragraphs (h)(4) and (5); and ■ g. Adding paragraphs (h)(6) and (7). The revisions and additions read as follows: ■ ■ ■ ■ § 98.232 GHGs to report. * * * * * (d) * * * (8) Equipment leaks from pumps that are subject to 40 CFR part 60, subpart OOOOa. You may also elect to report emissions from pumps if you survey them using a leak detection method described in § 98.234(a) and are not subject to 40 CFR part 60, subpart OOOOa. (e) * * * (8) Equipment leaks from all equipment leak component types, except those listed in paragraph (e)(7) of this section, that are subject to 40 CFR part 60, subpart OOOOa. You may also elect to report emissions from these equipment leak component types if you survey them using a leak detection method described in § 98.234(a) and are not subject to 40 CFR part 60, subpart OOOOa. (f) * * * (5) Equipment leaks from valves, connectors, open ended lines, pressure relief valves, and meters associated with storage stations. (6) Equipment leaks from all equipment leak component types associated with storage stations, except those listed in paragraph (f)(5) of this section, that are subject to 40 CFR part 60, subpart OOOOa. You may also elect to report emissions from these equipment leak component types if you survey them using a leak detection method described in § 98.234(a) and are not subject to 40 CFR part 60, subpart OOOOa. (7) Equipment leaks from valves, connectors, open-ended lines, and pressure relief valves associated with storage wellheads. (8) Equipment leaks from all equipment leak component types associated with storage wellheads, except those listed in paragraph (f)(7) of this section, that are subject to 40 CFR part 60, subpart OOOOa. You may also elect to report emissions from these equipment leak component types if you survey them using a leak detection E:\FR\FM\29JAP1.SGM 29JAP1 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules jstallworth on DSK7TPTVN1PROD with PROPOSALS method described in § 98.234(a) and are not subject to 40 CFR part 60, subpart OOOOa. (g) * * * (3) Flare stack emissions. (4) Equipment leaks from valves, pump seals, connectors, and other equipment leak sources in LNG service. (5) Equipment leaks from vapor recovery compressors that are not subject to 40 CFR part 60, subpart OOOOa. (6) Equipment leaks from all equipment leak component types in gas service that are subject to 40 CFR part 60, subpart OOOOa. You may also elect to report emissions from these equipment leak component types if you survey them using a leak detection method described in § 98.234(a) and are not subject to 40 CFR part 60, subpart OOOOa. (h) * * * (4) Flare stack emissions. (5) Equipment leaks from valves, pump seals, connectors, and other equipment leak sources in LNG service. (6) Equipment leaks from vapor recovery compressors that are not subject to 40 CFR part 60, subpart OOOOa. (7) Equipment leaks from all equipment leak component types in gas service that are subject to 40 CFR part 60, subpart OOOOa. You may also elect to report emissions from these equipment leak component types if you survey them using a leak detection method described in § 98.234(a) and are not subject to 40 CFR part 60, subpart OOOOa. * * * * * ■ Where: Es,p,i = Annual total volumetric emissions of GHGi from specific component type ‘‘p’’ (in accordance with paragraphs (q)(1)(i) through (iii) of this section) in standard (‘‘s’’) cubic feet, as specified in paragraphs (q)(2)(ii) through (x) of this section. xp = Total number of specific component type ‘‘p’’ detected as leaking in any leak survey during the year. A component found leaking in two or more surveys during the year is counted as one leaking component. EFs,p = Leaker emission factor for specific component types listed in Table 1E and Table W–2 through Table W–7 of this subpart. GHGi = For onshore petroleum and natural gas production facilities and onshore petroleum and natural gas gathering and boosting facilities, concentration of GHGi, CH4, or CO2, in produced natural gas as defined in paragraph (u)(2) of this section; for onshore natural gas processing facilities, concentration of GHGi, CH4 or CO2, in the total hydrocarbon of the feed natural gas; for onshore natural gas transmission compression and underground natural gas storage, GHGi equals 0.975 for CH4 and 1.1 × 10¥2 for CO2 ; for LNG storage and LNG import and export equipment, GHGi equals 1 for CH4 and 0 for CO2; and for natural gas distribution, GHGi equals 1 for CH4 and 1.1 × 10¥2 CO2. Tp,z = The total time the surveyed component ‘‘z’’, component type ‘‘p’’, was assumed to be leaking and operational, in hours. If one leak detection survey is conducted in the calendar year, assume the component was leaking for the entire calendar year. If multiple leak detection surveys are conducted in the calendar year, assume a component found leaking in the first survey was leaking since the VerDate Sep<11>2014 12:34 Jan 28, 2016 Jkt 238001 3. § 98.233 is amended by revising paragraph (q) and the first two sentences of paragraph (r)(1) introductory text to read as follows: § 98.233 Calculating GHG emissions. * * * * * (q) Equipment leak surveys. (1) Applicability. (i) Except as specified in paragraph (q)(1)(iv) of this section, you must use any of the methods described in § 98.234(a) to conduct leak detection(s) of equipment leaks from all equipment leak component types listed in § 98.232(d)(7), (e)(7), (f)(5), (g)(4), (h)(5), and (i)(1), and you must calculate equipment leak emissions for these equipment leak component types using the procedures specified in paragraph (q)(2) of this section. (ii) Except as specified in paragraph (q)(1)(iv) of this section, equipment component types in § 98.232(c)(21), (d)(8), (e)(8), (f)(6), (f)(7), (f)(8), (g)(6), (h)(7), and (j)(10) that are subject to 40 CFR part 60, subpart OOOOa are subject to the equipment leak emissions calculation procedures in paragraph (q)(2) of this section. (iii) Except as specified in paragraph (q)(1)(iv) of this section, you may elect to comply with this paragraph (q) (i.e., use any of the methods described in § 98.234(a) to conduct leak detections, and use the procedures specified in paragraph (q)(2) of this section to calculate emissions) for any equipment leak component types in § 98.232(c)(21), (d)(8), (e)(8), (f)(6), (f)(7), (f)(8), (g)(6), (h)(7), and (j)(10) that are not subject to paragraph (q)(1)(ii) of this section. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 (iv) This paragraph (q) applies to component types in streams with gas content greater than 10 percent CH4 plus CO2 by weight. Component types in streams with gas content less than or equal to 10 percent CH4 plus CO2 by weight are exempt from the requirements of this paragraph (q) and do not need to be reported. Tubing systems equal to or less than one half inch diameter are exempt from the requirements of this paragraph (q) and do not need to be reported. (2) Emission calculation methodology. For industry segments listed in § 98.230(a)(2) through (9), if equipment leaks are detected for component types listed in paragraphs (q)(1)(i) through (iii) of this section, then you must calculate equipment leak emissions per component type per reporting facility using Equation W–30 of this section and the requirements specified in paragraphs (q)(2)(i) through (xi) of this this section. For the industry segment listed in § 98.230(a)(8), the results from Equation W–30 are used to calculate population emission factors on a meter/ regulator run basis using Equation W–31 of this section. If you chose to conduct equipment leak surveys at all above grade transmission-distribution transfer stations over multiple years, ‘‘n,’’ according to paragraph (q)(2)(x)(A) of this section, then you must calculate the emissions from all above grade transmission-distribution transfer stations as specified in paragraph (q)(2)(xi) of this section. beginning of the year; assume a component found leaking in the last survey of the year was leaking from the preceding survey through the end of the year; assume a component found leaking in a survey between the first and last surveys of the year was leaking since the preceding survey; and sum times for all leaking periods. For each leaking component, account for time the component was not operational (i.e., not operating under pressure) using an engineering estimate based on best available data. (i) You must conduct either one leak detection survey in a calendar year or multiple complete leak detection surveys in a calendar year. The leak detection surveys selected must be conducted during the calendar year. E:\FR\FM\29JAP1.SGM 29JAP1 EP29JA16.000</GPH> 5000 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules Where: EFs,MR,i = Meter/regulator run population emission factor for GHGi based on all surveyed above grade transmissiondistribution transfer stations over ‘‘n’’ years, in standard cubic feet of GHGi per operational hour of all meter/regulator runs. Es,p,i,y = Annual total volumetric emissions at standard conditions of GHGi from component type ‘‘p’’ during year ‘‘y’’ in standard (‘‘s’’) cubic feet, as calculated using Equation W–30 of this section. p = Seven component types listed in Table W–7 of this subpart for transmissiondistribution transfer stations. Tw,y = The total time the surveyed meter/ regulator run ‘‘w’’ was operational, in hours during survey year ‘‘y’’ using an engineering estimate based on best available data. CountMR,y = Count of meter/regulator runs surveyed at above grade transmissiondistribution transfer stations in year ‘‘y’’. y = Year of data included in emission factor ‘‘EFs,MR,i’’ according to paragraph (q)(2)(x)(C) of this section. n = Number of years of data, according to paragraph (q)(8)(i) of this section, whose results are used to calculate emission VerDate Sep<11>2014 12:34 Jan 28, 2016 Jkt 238001 (vii) Underground natural gas storage facilities must use the appropriate default total hydrocarbon leaker emission factors for storage stations in gas service listed in Table W–4 of this subpart. (viii) LNG storage facilities must use the appropriate default methane leaker emission factors for LNG storage components in gas service listed in Table W–5 of this subpart. (ix) LNG import and export facilities must use the appropriate default methane leaker emission factors for LNG terminals components in LNG service listed in Table W–6 of this subpart. (x) Natural gas distribution facilities must use Equation W–30 of this section and the default methane leaker emission factors for transmission-distribution transfer station components in gas service listed in Table W–7 of this subpart to calculate component emissions from annual equipment leak surveys conducted at above grade transmission-distribution transfer stations. Natural gas distribution facilities are required to perform equipment leak surveys only at above grade stations that qualify as factor ‘‘EFs,MR,i’’ according to paragraph (q)(2)(x)(C) of this section. (C) The emission factor ‘‘EFs,MR,i’’, based on annual equipment leak surveys at above grade transmission-distribution transfer stations, must be calculated annually. If you chose to conduct equipment leak surveys at all above grade transmission-distribution transfer stations over multiple years, ‘‘n,’’ according to paragraph (q)(2)(x)(A) of this section and you have submitted a smaller number of annual reports than the duration of the selected cycle period of 5 years or less, then all available data from the current year and previous years must be used in the calculation of the emission factor ‘‘EFs,MR,i’’ from Equation W–31 of this section. After the first survey cycle of ‘‘n’’ years is completed and beginning in calendar year (n+1), the survey will continue on a rolling basis by including the survey results from the current calendar year ‘‘y’’ and survey results from all previous (n¥1) calendar years, such that each annual calculation of the emission factor ‘‘EFs,MR,i’’ from Equation W–31 is based PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 transmission-distribution transfer stations. Below grade transmissiondistribution transfer stations and all metering-regulating stations that do not meet the definition of transmissiondistribution transfer stations are not required to perform equipment leak surveys under this section. (A) Natural gas distribution facilities may choose to conduct equipment leak surveys at all above grade transmissiondistribution transfer stations over multiple years ‘‘n’’, not exceeding a five year period to cover all above grade transmission-distribution transfer stations. If the facility chooses to use the multiple year option, then the number of transmission-distribution transfer stations that are monitored in each year should be approximately equal across all years in the cycle. (B) Use Equation W–31 of this section to determine the meter/regulator run population emission factors for each GHGi. As additional survey data become available, you must recalculate the meter/regulator run population emission factors for each GHGi annually according to paragraph (q)(2)(x)(C) of this section. on survey results from ‘‘n’’ years. Upon completion of a cycle, you may elect to change the number of years in the next cycle period (to be 5 years or less). If the number of years in the new cycle is greater than the number of years in the previous cycle, calculate ‘‘EFs,MR,i’’ from Equation W–31 in each year of the new cycle using the survey results from the current calendar year and the survey results from the preceding number years that is equal to the number of years in the previous cycle period. If the number of years, ‘‘nnew’’, in the new cycle is smaller than the number of years in the previous cycle, ‘‘n’’, calculate ‘‘EFs,MR,i’’ from Equation W–31 in each year of the new cycle using the survey results from the current calendar year and survey results from all previous (nnew¥1) calendar years. (xi) If you chose to conduct equipment leak surveys at all above grade transmission-distribution transfer stations over multiple years, ‘‘n,’’ according to paragraph (q)(2)(x)(A) of this section, you must use the meter/ regulator run population emission E:\FR\FM\29JAP1.SGM 29JAP1 EP29JA16.001</GPH> jstallworth on DSK7TPTVN1PROD with PROPOSALS (ii) Calculate both CO2 and CH4 mass emissions using calculations in paragraph (v) of this section. (iii) Onshore petroleum and natural gas production facilities must use the appropriate default whole gas leaker emission factors for components in gas service, light crude service, and heavy crude service listed in Table W–1E of this subpart. (iv) Onshore petroleum and natural gas gathering and boosting facilities must use the appropriate default whole gas leaker factors for components in gas service listed in Table W–1E of this subpart. (v) Onshore natural gas processing facilities must use the appropriate default total hydrocarbon leaker emission factors for compressor components in gas service and noncompressor components in gas service listed in Table W–2 of this subpart. (vi) Onshore natural gas transmission compression facilities must use the appropriate default total hydrocarbon leaker emission factors for compressor components in gas service and noncompressor components in gas service listed in Table W–3 of this subpart. 5001 5002 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules factors calculated using Equation W–31 of this section and the total count of all meter/regulator runs at above grade transmission-distribution transfer stations to calculate emissions from all above grade transmission-distribution transfer stations using Equation W–32B in paragraph (r) of this section. (r) * * * This paragraph (r) applies to emissions sources listed in § 98.232(c)(21), (f)(7), (g)(5), (h)(6), and (j)(10) that are not subject to the requirements in paragraph (q) of this section, and it applies to emission sources listed in § 98.232(i)(2), (i)(3), (i)(4), (i)(5), (i)(6), and (j)(11). To be subject to the requirements of this paragraph (r), the listed emissions sources also must contact streams with gas content greater than 10 percent CH4 plus CO2 by weight. Emissions sources that contact streams with gas content less than or equal to 10 percent CH4 plus CO2 by weight are exempt from the requirements of this paragraph (r) and do not need to be reported. * * * * * * * * ■ 4. § 98.234 is amended by revising paragraph (a) introductory text and the paragraph (a)(1) heading and adding paragraph (a)(6) to read as follows: § 98.234 Monitoring and QA/QC requirements. * * * * * (a) You must use any of the methods described in paragraphs (a)(1) through (5) of this section to conduct leak detection(s) of through-valve leakage from all source types listed in § 98.233(k), (o), and (p) that occur during a calendar year. You must use any of the methods described in paragraphs (a)(1) through (6) of this section to conduct leak detection(s) of equipment leaks from component types listed in § 98.233(q)(1)(i) and (iii) that occur during a calendar year. To conduct leak detection(s) of equipment leaks from component types listed in § 98.233(q)(1)(ii), you must use the method described in paragraph (a)(6) of this section. (1) Optical gas imaging instrument as specified in 40 CFR 60.18. * * * * * * * * (6) Optical gas imaging instrument as specified in 40 CFR 60.5397a. Use an optical gas imaging instrument for equipment leak detection in accordance with § 60.5397a(b) through (e) and (g) through (i) of this chapter and paragraphs (a)(6)(i) through (v) of this section. (i) For the purposes of this subpart, any fugitive emission from a fugitive emissions component, as defined in 40 CFR part 60, subpart OOOOa, that is detected by the optical gas imaging instrument is a leak. (ii) For the purposes of this subpart, the term ‘‘fugitive emissions component’’ in § 60.5397a(b) through (i) of this chapter means ‘‘equipment leak component.’’ (iii) For the purpose of complying with § 98.233(q)(1)(iii), the phrases ‘‘the collection of fugitive emissions components at well sites and compressor stations’’ and ‘‘each collection of fugitive emissions components at a well site and each collection of fugitive emissions components at a compressor station’’ in § 60.5397a(b) and (g) of this chapter mean ‘‘the collection of equipment leak components for which you elect to comply with § 98.233(q)(1)(iii).’’ (iv) The requirements in § 60.5397a(c)(4) and (5) of this chapter to include procedures and timelines for repair in your monitoring plan do not apply to equipment leak components for which you elect to comply with § 98.233(q)(1)(iii). (v) For the purpose of complying with § 98.233(q)(1)(iii), the reference in § 60.5397a(g) to ‘‘the initial survey’’ does not apply. * * * * * ■ 5. § 98.236 is amended by: ■ a. Redesignating paragraphs (a)(1)(xiv) through (xvii) as paragraphs (a)(1)(xv) through (xviii), respectively; ■ b. Adding paragraph (a)(1)(xiv); c. Redesignating paragraphs (a)(9)(x) and (xi) as paragraphs (a)(9)(xi) and (xii), respectively; ■ d. Adding paragraph (a)(9)(x); ■ e. Revising paragraph (q)(1) introductory text; ■ f. Adding paragraphs (q)(1)(iii) through (v); and ■ g. Revising the first sentence of paragraph (q)(2) introductory text. The revisions and additions read as follows: ■ § 98.236 Data reporting requirements. * * * * * (a) * * * (1) * * * (xiv) Equipment leak surveys. Report the information specified in paragraph (q) of this section. * * * * * (9) * * * (x) Equipment leak surveys. Report the information specified in paragraph (q) of this section. * * * * * (q) * * * (1) You must report the information specified in paragraphs (q)(1)(i) through (v) of this section. * * * * * (iii) Indicate whether any equipment leak component types were subject to 40 CFR part 60, subpart OOOOa. (iv) Indicate whether you elected to comply with § 98.233(q)(1)(iii). (v) Report each type of method described in § 98.234(a) that was used to conduct leak surveys. (2) You must indicate whether your facility contains any of the component types subject to § 98.233(q) that are listed in § 98.232(c)(21), (d)(7), (d)(8), (e)(7), (e)(8), (f)(5), (f)(6), (f)(7), (f)(8), (g)(4), (g)(5), (g)(6), (h)(5), (h)(6), (h)(7), (j)(10), or (i)(1), for your facility’s industry segment. * * * * * * * * ■ 6. Add Table W–1E of subpart W of part 98 in numerical order to read as follows: TABLE W–1E OF SUBPART W OF PART 98—DEFAULT WHOLE GAS LEAKER EMISSION FACTORS FOR ONSHORE PETROLEUM AND NATURAL GAS PRODUCTION AND ONSHORE PETROLEUM AND NATURAL GAS GATHERING AND BOOSTING Emission factor (scf/hour/ component) jstallworth on DSK7TPTVN1PROD with PROPOSALS Equipment components Leaker Emission Factors—All Components, Gas Service 1 Valve .................................................................................................................................................................................................... Flange .................................................................................................................................................................................................. Connector (other) ................................................................................................................................................................................. Open-Ended Line 2 .............................................................................................................................................................................. Pressure Relief Valve .......................................................................................................................................................................... Pump Seal ........................................................................................................................................................................................... VerDate Sep<11>2014 12:34 Jan 28, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\29JAP1.SGM 29JAP1 4.9 4.1 1.3 2.8 4.5 3.7 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules 5003 TABLE W–1E OF SUBPART W OF PART 98—DEFAULT WHOLE GAS LEAKER EMISSION FACTORS FOR ONSHORE PETROLEUM AND NATURAL GAS PRODUCTION AND ONSHORE PETROLEUM AND NATURAL GAS GATHERING AND BOOSTING— Continued Emission factor (scf/hour/ component) Equipment components Other 3 .................................................................................................................................................................................................. 4.5 Leaker Emission Factors—All Components, Light Crude Service 4 Valve .................................................................................................................................................................................................... Flange .................................................................................................................................................................................................. Connector (other) ................................................................................................................................................................................. Open-Ended Line ................................................................................................................................................................................. Pump .................................................................................................................................................................................................... Agitator Seal ........................................................................................................................................................................................ Other 3 .................................................................................................................................................................................................. 3.2 2.7 1.0 1.6 3.7 3.7 3.1 Leaker Emission Factors—All Components, Heavy Crude Service 5 Valve .................................................................................................................................................................................................... Flange .................................................................................................................................................................................................. Connector (other) ................................................................................................................................................................................. Open-Ended Line ................................................................................................................................................................................. Pump .................................................................................................................................................................................................... Agitator Seal ........................................................................................................................................................................................ Other 3 .................................................................................................................................................................................................. 3.2 2.7 1.0 1.6 3.7 3.7 3.1 1 For multi-phase flow that includes gas, use the gas service emission factors. open-ended lines component type includes blowdown valve and isolation valve leaks emitted through the blowdown vent stack for centrifugal and reciprocating compressors. 3 ‘‘Others’’ category includes any equipment leak emission point not specifically listed in this table, except for the following: It excludes thief hatches and all other potential emission points in gas service on atmospheric storage tanks, all potential emission points in gas service on gasliquid separators, wet seal oil degassing vents from centrifugal compressors, and rod packing vents from reciprocating compressors. 4 Hydrocarbon liquids greater than or equal to 20°API are considered ‘‘light crude.’’ 5 Hydrocarbon liquids less than 20°API are considered ‘‘heavy crude.’’ 2 The 7. Revise Table W–2 of subpart W of part 98 to read as follows: ■ TABLE W–2 TO SUBPART W OF PART 98—DEFAULT TOTAL HYDROCARBON EMISSION FACTORS FOR ONSHORE NATURAL GAS PROCESSING Emission factor (scf/hour/ component) Onshore natural gas processing plants Leaker Emission Factors—Compressor Components, Gas Service Valve 1 .................................................................................................................................................................................................. Connector ............................................................................................................................................................................................ Open-Ended Line ................................................................................................................................................................................. Pressure Relief Valve .......................................................................................................................................................................... Meter .................................................................................................................................................................................................... 14.84 5.59 17.27 39.66 19.33 Leaker Emission Factors—Non-Compressor Components, Gas Service jstallworth on DSK7TPTVN1PROD with PROPOSALS Valve 1 .................................................................................................................................................................................................. Connector ............................................................................................................................................................................................ Open-Ended Line ................................................................................................................................................................................. Pressure Relief Valve .......................................................................................................................................................................... Meter .................................................................................................................................................................................................... Pump .................................................................................................................................................................................................... 1 Valves include control valves, block valves and regulator valves. 8. Revise Table W–3 of subpart W of part 98 to read as follows: ■ VerDate Sep<11>2014 12:34 Jan 28, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\29JAP1.SGM 29JAP1 6.42 5.71 11.27 2.01 2.93 3.4 5004 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules TABLE W–3 TO SUBPART W OF PART 98—DEFAULT TOTAL HYDROCARBON EMISSION FACTORS FOR ONSHORE NATURAL GAS TRANSMISSION COMPRESSION Emission factor (scf/hour/ component) Onshore natural gas transmission compression Leaker Emission Factors—Compressor Components, Gas Service Valve 1 .................................................................................................................................................................................................. Connector ............................................................................................................................................................................................ Flange .................................................................................................................................................................................................. Open-Ended Line ................................................................................................................................................................................. Pressure Relief Valve .......................................................................................................................................................................... Meter or Instrument ............................................................................................................................................................................. Other 2 .................................................................................................................................................................................................. 14.84 5.59 5.59 17.27 39.66 19.33 4.1 Leaker Emission Factors—Non-Compressor Components, Gas Service Valve 1 .................................................................................................................................................................................................. Connector ............................................................................................................................................................................................ Flange .................................................................................................................................................................................................. Open-Ended Line ................................................................................................................................................................................. Pressure Relief Valve .......................................................................................................................................................................... Meter or Instrument ............................................................................................................................................................................. Other 2 .................................................................................................................................................................................................. 6.42 5.71 5.71 11.27 2.01 2.93 4.1 Population Emission Factors—Gas Service Vents 3 Low Continuous Bleed Pneumatic Device .............................................................................................................................. High Continuous Bleed Pneumatic Device Vents 3 ............................................................................................................................. Intermittent Bleed Pneumatic Device Vents 3 ...................................................................................................................................... 1.37 18.20 2.35 1 Valves include control valves, block valves and regulator valves. includes any potential equipment leak emission point in gas service that is not specifically listed in this table, except it excludes thief hatches and all other potential emission points in gas service on transmission storage tanks, and it excludes compressor emission points that are subject to § 98.233(o) or (p). 3 Emission Factor is in units of ‘‘scf/hour/device.’’ 2 Other 9. Revise Table W–4 of subpart W of part 98 to read as follows: ■ TABLE W–4 TO SUBPART W OF PART 98—DEFAULT TOTAL HYDROCARBON EMISSION FACTORS FOR UNDERGROUND NATURAL GAS STORAGE Emission factor (scf/hour/ component) Underground natural gas storage Leaker Emission Factors—Storage Station, Gas Service Valve 1 .................................................................................................................................................................................................. Connector ............................................................................................................................................................................................ Flange .................................................................................................................................................................................................. Open-Ended Line ................................................................................................................................................................................. Pressure Relief Valve .......................................................................................................................................................................... Meter and Instrument .......................................................................................................................................................................... Other 2 .................................................................................................................................................................................................. 14.84 5.59 5.59 17.27 39.66 19.33 4.1 jstallworth on DSK7TPTVN1PROD with PROPOSALS Population Emission Factors—Storage Wellheads, Gas Service Connector ............................................................................................................................................................................................ Valve .................................................................................................................................................................................................... Pressure Relief Valve .......................................................................................................................................................................... Open-Ended Line ................................................................................................................................................................................. 0.01 0.1 0.17 0.03 Leaker Emission Factors—Storage Wellheads, Gas Service Valve 1 .................................................................................................................................................................................................. Connector ............................................................................................................................................................................................ Flange .................................................................................................................................................................................................. Open-Ended Line ................................................................................................................................................................................. Pressure Relief Valve .......................................................................................................................................................................... VerDate Sep<11>2014 12:34 Jan 28, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\29JAP1.SGM 29JAP1 4.5 1.2 3.8 2.5 4.1 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules 5005 TABLE W–4 TO SUBPART W OF PART 98—DEFAULT TOTAL HYDROCARBON EMISSION FACTORS FOR UNDERGROUND NATURAL GAS STORAGE—Continued Emission factor (scf/hour/ component) Underground natural gas storage Other 2 .................................................................................................................................................................................................. 4.1 Population Emission Factors—Other Components, Gas Service Low Continuous Bleed Pneumatic Device Vents 3 .............................................................................................................................. High Continuous Bleed Pneumatic Device Vents 3 ............................................................................................................................. Intermittent Bleed Pneumatic Device Vents 3 ...................................................................................................................................... 1.37 18.20 2.35 1 Valves include control valves, block valves and regulator valves. includes any potential equipment leak emission point in gas service that is not specifically listed in this table except that it does not include compressor emission points that are subject to § 98.233(o) or (p). 3 Emission Factor is in units of ‘‘scf/hour/device.’’ 2 Other 10. Revise Table W–5 of subpart W of part 98 to read as follows: ■ TABLE W–5 TO SUBPART W OF PART 98—DEFAULT METHANE EMISSION FACTORS FOR LIQUEFIED NATURAL GAS (LNG) STORAGE Emission factor (scf/hour/ component) LNG storage Leaker Emission Factors—LNG Storage Components, LNG Service Valve .................................................................................................................................................................................................... Pump Seal ........................................................................................................................................................................................... Connector ............................................................................................................................................................................................ Other 1 .................................................................................................................................................................................................. 1.19 4.00 0.34 1.77 Leaker Emission Factors—LNG Storage Components, Gas Service Valve 2 .................................................................................................................................................................................................. Connector ............................................................................................................................................................................................ Flange .................................................................................................................................................................................................. Open-Ended Line ................................................................................................................................................................................. Pressure Relief Valve .......................................................................................................................................................................... Meter and Instrument .......................................................................................................................................................................... Other 3 .................................................................................................................................................................................................. 14.84 5.59 5.59 17.27 39.66 19.33 4.1 Population Emission Factors—LNG Storage Compressor, Gas Service Vapor Recovery Compressor 4 ............................................................................................................................................................ 4.17 1 ‘‘Other’’ equipment type for components in LNG service should be applied for any equipment type other than connectors, pumps, or valves. include control valves, block valves and regulator valves. equipment type for components in gas service should be applied for any equipment type other than valves, connectors, flanges, open-ended lines, pressure relief valves, and meters and instruments, except that it does not include compressor emission points that are subject to § 98.233(o) or (p). 4 Emission Factor is in units of ‘‘scf/hour/device.’’ 2 Valves 3 ‘‘Other’’ 11. Revise Table W–6 of subpart W of part 98 to read as follows: ■ jstallworth on DSK7TPTVN1PROD with PROPOSALS TABLE W–6 TO SUBPART W OF PART 98—DEFAULT METHANE EMISSION FACTORS FOR LNG IMPORT AND EXPORT EQUIPMENT Emission factor (scf/hour/ component) LNG import and export equipment Leaker Emission Factors—LNG Terminals Components, LNG Service Valve .................................................................................................................................................................................................... Pump Seal ........................................................................................................................................................................................... VerDate Sep<11>2014 12:34 Jan 28, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\29JAP1.SGM 29JAP1 1.19 4.00 5006 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules TABLE W–6 TO SUBPART W OF PART 98—DEFAULT METHANE EMISSION FACTORS FOR LNG IMPORT AND EXPORT EQUIPMENT—Continued Emission factor (scf/hour/ component) LNG import and export equipment Connector ............................................................................................................................................................................................ Other 1 .................................................................................................................................................................................................. 0.34 1.77 Leaker Emission Factors—LNG Terminals Components, Gas Service Valve 2 .................................................................................................................................................................................................. Connector ............................................................................................................................................................................................ Flange .................................................................................................................................................................................................. Open-Ended Line ................................................................................................................................................................................. Pressure Relief Valve .......................................................................................................................................................................... Meter and Instrument .......................................................................................................................................................................... Other 3 .................................................................................................................................................................................................. 14.84 5.59 5.59 17.27 39.66 19.33 4.1 Population Emission Factors—LNG Terminals Compressor, Gas Service Vapor Recovery Compressor 4 ............................................................................................................................................................ 4.17 1 ‘‘Other’’ equipment type for components in LNG service should be applied for any equipment type other than connectors, pumps, or valves. include control valves, block valves and regulator valves. 3 ‘‘Other’’ equipment type for components in gas service should be applied for any equipment type other than valves, connectors, flanges, open-ended lines, pressure relief valves, and meters and instruments, except that it does not include compressor emission points that are subject to § 98.233(o) or (p). 4 Emission Factor is in units of ‘‘scf/hour/compressor.’’ 2 Valves * * * * * [FR Doc. 2016–01669 Filed 1–28–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 271 and 272 [EPA–R06–RCRA–2015–0661; FRL–9940– 26–Region 6] Arkansas: Final Authorization of StateInitiated Changes and Incorporation by Reference of State Hazardous Waste Management Program Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: During a review of Arkansas’ regulations, the Environmental Protection Agency (EPA) identified a variety of State-initiated changes to Arkansas’ hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended, for which the State had not previously sought authorization. EPA proposes to authorize the State for the program changes. In addition, EPA proposes to codify in the regulations entitled ‘‘Approved State Hazardous Waste Management Programs’’, Arkansas’ authorized hazardous waste program. The EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State jstallworth on DSK7TPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 12:34 Jan 28, 2016 Jkt 238001 regulations that are authorized and that EPA will enforce under RCRA. DATES: Send written comments by February 29, 2016. ADDRESSES: Submit any comments identified by Docket ID No. EPA–R06– RCRA–2015–0661 by one of the following methods: 1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments. 2. Email: patterson.alima@epa.gov. 3. Mail: Alima Patterson, Region 6, Regional Authorization Coordinator, State/Tribal Oversight Section (6PD–O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733. 4. Hand Delivery or Courier. Deliver your comments to Alima Patterson, Region 6, Regional Authorization Coordinator, State/Tribal Oversight Section (6PD–O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202– 2733. Instructions: Do not submit information that you consider to be CBI or otherwise protected through regulations.gov, or email. Direct your comment to Docket No. EPA–R06– RCRA–2015–0661. The Federal regulations.gov Web site is an ‘‘anonymous access’’ system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 comment directly to the EPA without going through regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. You can view and copy Arkansas’ application and associated publicly available materials from 8:30 a.m. to 4 p.m. Monday through Friday at the following location: EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733, phone number (214) 665–8533. Interested persons wanting to examine these documents should make an appointment with the office at least two weeks in advance. FOR FURTHER INFORMATION CONTACT: Alima Patterson at (214) 665–8533 or Julia Banks at (214) 665–8178, State/ Tribal Oversight Section (6PD–O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733, (214) 665–8533) and Email address E:\FR\FM\29JAP1.SGM 29JAP1

Agencies

[Federal Register Volume 81, Number 19 (Friday, January 29, 2016)]
[Proposed Rules]
[Pages 4987-5006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01669]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2015-0764; FRL-9941-80-OAR]
RIN 2060-AS73


Greenhouse Gas Reporting Rule: Leak Detection Methodology 
Revisions and Confidentiality Determinations for Petroleum and Natural 
Gas Systems

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The EPA is proposing revisions and confidentiality 
determinations for the petroleum and natural gas systems source 
category of the Greenhouse Gas Reporting Program (GHGRP). In 
particular, the EPA is proposing to add new monitoring methods for 
detecting leaks from oil and gas equipment in the petroleum and natural 
gas systems source category consistent with the leak detection methods 
in the recently proposed new source performance standards (NSPS) for 
the oil and gas industry. The EPA is also proposing to add emission 
factors for leaking equipment to be used in conjunction with these 
monitoring methods to calculate and report greenhouse gas (GHG) 
emissions resulting from equipment leaks. Further, the EPA is proposing 
reporting requirements and confidentiality determinations for nine new 
or substantially revised data elements.

DATES: 
    Comments. Comments must be received on or before February 29, 2016. 
Under the Paperwork Reduction Act (PRA), comments on the information 
collection provisions are best assured of consideration if the Office 
of Management and Budget (OMB) receives a copy of your comments on or 
before February 29, 2016.
    Public hearing. The EPA does not plan to conduct a public hearing 
unless requested. To request a hearing, please contact the person 
listed in the following FOR FURTHER INFORMATION CONTACT section by 
February 5, 2016. If requested, the hearing will be conducted on 
February 16, 2016, in the Washington, DC area. The EPA will provide 
further information about the hearing on the GHGRP Web site, http://www.epa.gov/ghgreporting/index.html if a hearing is requested.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2015-0764 to the Federal eRulemaking Portal: http://

[[Page 4988]]

www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. The 
EPA may publish any comment received to its public docket. Do not 
submit electronically any information you consider to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the web, 
cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division, 
Office of Atmospheric Programs (MC-6207A), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone 
number: (202) 343-9263; fax number: (202) 343-2342; email address: 
GHGReportingRule@epa.gov. For technical information, please go to the 
GHGRP Web site, http://www.epa.gov/ghgreporting/index.html. To submit a 
question, select Help Center, followed by ``Contact Us.''
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this proposal will also be available through the 
WWW. Following the Administrator's signature, a copy of this action 
will be posted on the EPA's GHGRP Web site at http://www.epa.gov/ghgreporting/index.html.

SUPPLEMENTARY INFORMATION: 
    Regulated Entities. These proposed revisions affect entities that 
must submit annual GHG reports under the GHGRP (40 CFR part 98). This 
proposed rule would impose on entities across the U.S. a degree of 
reporting consistency for GHG emissions from the petroleum and natural 
gas sector of the economy and therefore is ``nationally applicable'' 
within the meaning of section 307(b)(1) of the Clean Air Act (CAA). 
Although the EPA concludes that the rule is nationally applicable, the 
EPA is also making a determination, for purposes of CAA section 
307(b)(1), that this action is of nationwide scope and effect and is 
based on such a determination. (See CAA section 307(b)(1) (a petition 
for review may be filed in the United States Court of Appeals for the 
District of Columbia ``if such action is based on a determination of 
nationwide scope or effect and if in taking such action the 
Administrator finds and publishes that such action is based on such a 
determination'').) Further, the Administrator has determined that rules 
codified in 40 CFR part 98 are subject to the provisions of CAA section 
307(d). (See CAA section 307(d)(1)(V) (the provisions of section 307(d) 
apply to ``such other actions as the Administrator may determine'').) 
These are proposed amendments to existing regulations. If finalized, 
these amended regulations would affect owners or operators of petroleum 
and natural gas systems that directly emit GHGs. Regulated categories 
and entities include, but are not limited to, those listed in Table 1 
of this preamble:

           Table 1--Examples of Affected Entities by Category
------------------------------------------------------------------------
                                                   Examples of affected
            Category                NAICS \a\           facilities
------------------------------------------------------------------------
Petroleum and Natural Gas                486210  Pipeline transportation
 Systems.                                         of natural gas.
                                         221210  Natural gas
                                                  distribution.
                                         211111  Crude petroleum and
                                                  natural gas
                                                  extraction.
                                         211112  Natural gas liquid
                                                  extraction.
------------------------------------------------------------------------
\a\ North American Industry Classification System.

    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. Other types of facilities than those listed in 
the table could also be subject to reporting requirements. To determine 
whether you are affected by this action, you should carefully examine 
the applicability criteria found in 40 CFR part 98, subpart A and 40 
CFR part 98, subpart W. If you have questions regarding the 
applicability of this action to a particular facility, consult the 
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
    Acronyms and Abbreviations. The following acronyms and 
abbreviations are used in this document.

CAA Clean Air Act
CBI confidential business information
CFR Code of Federal Regulations
CH4 methane
CO2 carbon dioxide
DOT Department of Transportation
EPA U.S. Environmental Protection Agency
FERC Federal Energy Regulatory Commission
FR Federal Register
GHG greenhouse gas
GHGRP Greenhouse Gas Reporting Program
GRI Gas Research Institute
ICR Information Collection Request
LDAR leak detection and repair
LNG liquefied natural gas
NAICS North American Industry Classification System
NSPS new source performance standards
NTTAA National Technology Transfer and Advancement Act
OGI Optical gas imaging
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
U.S. United States
UMRA Unfunded Mandates Reform Act
VOC volatile organic compounds
WWW Worldwide Web

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

I. Background
    A. Organization of This Preamble
    B. Background on the Proposed Action
    C. Legal Authority
    D. How would these amendments apply to 2016 and 2017 reports?
II. Revisions and Other Amendments
    A. Why are we proposing to add new monitoring methods for 
detecting leaks?
    B. How would the proposed amendments differ from the current 
subpart W requirements for emissions from equipment leaks?
    C. How did we select the proposed leaker emission factors?
III. Proposed Confidentiality Determinations
    A. Overview and Background
    B. Approach to Proposed CBI Determinations
    C. Proposed Confidentiality Determinations for Data Elements 
Assigned to the ``Unit/Process Operating Characteristics That Are 
Not Inputs to Emission Equations'' Data Category
    D. Request for Comments on Proposed Confidentiality 
Determinations
IV. Impacts of the Proposed Amendments to Subpart W
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive

[[Page 4989]]

Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    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 (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. Background

A. Organization of This Preamble

    The first section of this preamble provides background information 
regarding the proposed amendments. This section also discusses the 
EPA's legal authority under the CAA to promulgate and amend 40 CFR part 
98 of the Code of Federal Regulations, Mandatory Greenhouse Gas 
Reporting (hereafter referred to as ``part 98'') as well as the legal 
authority for making confidentiality determinations for the data to be 
reported. Section II of this preamble contains information on the 
proposed revisions to 40 CFR part 98, subpart W (hereafter referred to 
as ``subpart W''). Section III of this preamble discusses proposed 
confidentiality determinations for the reporting of new and 
substantially revised data elements. Section IV of this preamble 
discusses the impacts of the proposed amendments to subpart W. Finally, 
section V of this preamble describes the statutory and executive order 
requirements applicable to this action.

B. Background on the Proposed Action

    On October 30, 2009, the EPA published part 98 for collecting 
information regarding GHGs from a broad range of industry sectors (74 
FR 56260). Although reporting requirements for petroleum and natural 
gas systems were originally proposed to be part of part 98 (75 FR 
16448, April 10, 2009), the final October 2009 rulemaking did not 
include the petroleum and natural gas systems source category as one of 
the 29 source categories for which reporting requirements were 
finalized. The EPA re-proposed subpart W in 2010 (79 FR 18608; April 
12, 2010), and a subsequent final rulemaking was published on November 
30, 2010, with the requirements for the petroleum and natural gas 
systems source category at 40 CFR part 98, subpart W (75 FR 74458) 
(hereafter referred to as ``the final subpart W rulemaking''). 
Following promulgation, the EPA finalized several actions revising 
subpart W (76 FR 22825, April 25, 2011; 76 FR 53057, August 25, 2011; 
76 FR 59533, September 27, 2011; 76 FR 80554, December 23, 2011; 77 FR 
51477, August 24, 2012; 78 FR 25392, May 1, 2013; 78 FR 71904, November 
29, 2013; 79 FR 70352, November 25, 2014; 80 FR 64262, October 22, 
2015).
    On March 28, 2014, the Obama Administration released the 
President's Climate Action Plan--Strategy to Reduce Methane Emissions. 
The strategy summarizes the sources of methane (CH4) 
emissions, commits to new steps to cut emissions of this potent GHG, 
including both voluntary and regulatory programs aimed at reducing 
CH4 emissions, and outlines the Administration's efforts to 
improve the measurement of these emissions. The strategy builds on 
progress to date and takes steps to further cut CH4 
emissions from several sectors, including the oil and natural gas 
sector.\1\ In this strategy, the EPA was specifically tasked with 
continuing to review GHGRP regulatory requirements to address potential 
gaps in coverage, improve methods, and ensure high quality data 
reporting. On January 14, 2015, the Obama administration provided 
additional direction to the EPA to ``explore potential regulatory 
opportunities for applying remote sensing technologies and other 
innovations in measurement and monitoring technology to further improve 
the identification and quantification of emissions'' in the oil and 
natural gas sector, such as the emissions submitted as part of GHGRP 
annual reporting.\2\
---------------------------------------------------------------------------

    \1\ Climate Action Plan--Strategy to Reduce Methane Emissions. 
The White House, Washington, DC, March 2014. Available at http://www.whitehouse.gov/sites/default/files/strategy_to_reduce_methane_emissions_2014-03-28_final.pdf. Docket 
Item No. EPA-HQ-OAR-2014-0831-0007.
    \2\ FACT SHEET: Administration Takes Steps Forward on Climate 
Action Plan by Announcing Actions to Cut Methane Emissions. The 
White House, Office of the Press Secretary, January 14, 2015. 
Available at https://www.whitehouse.gov/the-press-office/2015/01/14/fact-sheet-administration-takes-steps-forward-climate-action-plan-anno-1.
---------------------------------------------------------------------------

    Multiple studies have found that once leaks are detected, the vast 
majority can be repaired with a positive return to the operator. Often 
in these cases, a majority of emissions come from a minority of 
sources. Use of advanced monitoring methods, such as optical gas 
imaging (OGI), to detect these leaks as soon as practicable has several 
benefits: It reduces the amount of methane and other atmospheric 
pollutants that are emitted into our atmosphere, it reduces company 
losses of valuable commodities like methane, and improves operational 
and safety practices so that leaks can be identified and fixed more 
efficiently in the future.
    Additionally, as part of the agency's broad-based strategy under 
the President's Climate Action Plan, the EPA proposed NSPS for oil and 
natural gas affected facilities for which owners or operators commence 
construction, modification or reconstruction after September 18, 2015 
(40 CFR part 60, subpart OOOOa (80 FR 56593)) (hereafter referred to as 
the ``NSPS subpart OOOOa''). As part of the proposed NSPS subpart OOOOa 
requirements, well site and compressor station affected sources would 
be required to implement a fugitive emissions monitoring and repair 
program for the first time.\3\ For these proposed affected sources, the 
NSPS subpart OOOOa would require the monitoring of fugitive emissions 
components, which includes equipment such as valves, pumps, connectors, 
and pressure relief devices, for fugitive emissions and the subsequent 
repair of those fugitive emissions components. The EPA also proposed 
the use of OGI to identify fugitive emissions from the proposed NSPS 
subpart OOOOa affected sources.\4\ \5\ Currently, GHGRP subpart W 
sources that are part of the Onshore Petroleum and Natural Gas 
Production and Onshore Petroleum and Natural Gas Gathering and Boosting 
segments, which include certain well sites and compressor stations, 
calculate equipment leak emissions based on a count of equipment rather 
than from leak surveys. As a result, emissions from leak surveys at 
well sites or compressor stations in these segments that would be 
conducted as a result of NSPS subpart OOOOa compliance would not be 
reflected in calculations for GHGRP subpart W reporting in the current 
rule. In addition, for industry segments that do have GHGRP leak survey 
requirements, including the Onshore Natural Gas Transmission 
Compression, Underground Natural Gas Storage,

[[Page 4990]]

Liquefied Natural Gas (LNG) Storage, and LNG Import and Export 
Equipment segments, augmenting GHGRP methods with methods proposed in 
the NSPS subpart OOOOa would avoid the need for sources that are 
subject to both programs to conduct two different sets of leak/fugitive 
emission surveys.
---------------------------------------------------------------------------

    \3\ Natural gas processing plants subject to 40 CFR part 60, 
subpart OOOO are already required to monitor for volatile organic 
compound (VOC) emissions from equipment leaks; NSPS subpart OOOOa 
would include requirements to monitor for VOC and CH4 
emissions from equipment leaks using the same methods as 40 CFR part 
60, subpart OOOO.
    \4\ The proposal identified EPA Method 21 as a monitoring method 
that may also be used to verify repair of leaks, and the EPA 
requested comment on the use of Method 21 for leak surveys as well.
    \5\ See 80 FR 56593, 56667 (September 18, 2015).
---------------------------------------------------------------------------

    As another part of the EPA's response to the President's Climate 
Action Plan, in July 2015 the EPA proposed the voluntary Natural Gas 
STAR Methane Challenge Program (hereafter referred to as ``Methane 
Challenge Program''), which would provide a new mechanism through which 
companies could make and track ambitious commitments to reduce 
CH4 emissions.\6\ While tremendous progress has been made 
during the last 20 years through the Natural Gas STAR Program, 
significant opportunities remain to reduce CH4 emissions, 
improve air quality, and capture and monetize this valuable energy 
resource. The Methane Challenge Program would create a platform for 
leading companies to go above and beyond existing voluntary action and 
make meaningful and transparent commitments to yield significant 
CH4 emissions reductions in a quick, flexible, and cost-
effective way. The Methane Challenge Program plans to leverage the 
significant amount of data reported by facilities to the GHGRP, plus 
voluntarily supplied supplemental data (as needed), to serve as the 
basis for tracking specific company actions. This proposed rulemaking 
would create a mechanism for Methane Challenge Program participants to 
track their voluntary leak detection and repair efforts.\7\
---------------------------------------------------------------------------

    \6\ See the Natural Gas STAR Methane Challenge Program Proposal 
Web site, http://www3.epa.gov/gasstar/methanechallenge/, for more 
information.
    \7\ The Methane Challenge Program plans to phase-in a proposal 
related to mitigation options for equipment leaks/fugitive emissions 
at a later date.
---------------------------------------------------------------------------

    As a result of the proposed NSPS subpart OOOOa requirements for 
fugitive emissions monitoring and repair, plus voluntarily implemented 
leak detection and repair (LDAR) programs that companies may be 
undertaking through the Methane Challenge Program or other voluntary 
efforts, more facilities would have site-specific information on the 
types and number of components with fugitive emissions or leaks from 
each leak detection/monitoring survey. These data could be used to 
improve facility-level GHG emission estimates and track facility-level 
GHG emission reductions from equipment leaks for a variety of subpart W 
industry segments, including: Onshore Petroleum and Natural Gas 
Production; Onshore Petroleum and Natural Gas Gathering and Boosting; 
Onshore Natural Gas Processing; Onshore Natural Gas Transmission 
Compression; Underground Natural Gas Storage; LNG Storage; and LNG 
Import and Export Equipment.\8\
---------------------------------------------------------------------------

    \8\ As proposed, NSPS subpart OOOOa would not cover components 
in the Natural Gas Distribution subpart W segment, so no additional 
information on fugitive emissions is expected from this segment 
beyond information already collected by subpart W. However, it is 
possible that future voluntary programs could result in improved 
information on fugitive emissions for this segment.
---------------------------------------------------------------------------

    In this action, the EPA is proposing to amend subpart W to add new 
monitoring methods for detecting leaks from oil and gas equipment as 
well as to add emission factors to estimate emissions from leaking 
components (hereafter referred to as ``leaker emission factors'') for 
multiple industry segments. The new monitoring methods would augment 
the equipment leak requirements in subpart W with the fugitive 
emissions detection methods proposed for the NSPS subpart OOOOa. If the 
NSPS subpart OOOOa is amended in the future to incorporate other 
emerging technologies and/or major advances in fugitive monitoring, 
then the subpart W requirements will be updated by reference as well. 
Under these proposed amendments, facilities with an NSPS subpart OOOOa 
affected well site or compressor station fugitive emissions source 
would use the data derived from the proposed NSPS subpart OOOOa 
fugitive emissions requirements along with the subpart W equipment leak 
survey calculation methodology and leaker emission factors to calculate 
and report their GHG emissions to the GHGRP. These proposed revisions 
would also provide the opportunity for other sources at subpart W 
facilities not covered by the proposed NSPS subpart OOOOa fugitive 
emissions standards (e.g., sources subject to state regulations and 
sources participating in the Methane Challenge Program or other 
voluntarily implemented program) to voluntarily use the proposed leak 
detection methods to calculate and report their GHG emissions to the 
GHGRP.
    The amendments in this proposed rulemaking would advance the EPA's 
goal of maximizing rule effectiveness. For example, these amendments 
would align the monitoring requirements in subpart W with those in the 
NSPS subpart OOOOa, reducing burden for entities subject to the 
fugitive leak detection requirements in both programs. In addition, 
this proposed rulemaking provides clear calculation and reporting 
requirements in subpart W for the proposed new leak detection method, 
thus enabling government, regulated entities, and the public to easily 
identify and understand rule requirements.
    The EPA is seeking comment only on the issues specifically 
identified in this proposed rulemaking. We will not consider comments 
that are outside the scope of this proposed rulemaking, such as 
comments on the proposed requirements of the NSPS subpart OOOOa or the 
proposed Methane Challenge Program, in this rulemaking process.

C. Legal Authority

    The EPA is proposing these rulemaking amendments under its existing 
CAA authority provided in CAA section 114. As stated in the preamble to 
the 2009 final GHG reporting rulemaking (74 FR 56260, October 30, 
2009), CAA section 114(a)(1) provides the EPA broad authority to 
require the information proposed to be gathered by this rulemaking 
because such data would 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 GHG reporting rulemaking (74 FR 
56260, October 30, 2009) for further information.
    In addition, the EPA is proposing confidentiality determinations 
for proposed new data elements in subpart W under its authorities 
provided in sections 114, 301, and 307 of the CAA. Section 114(c) of 
the CAA requires that the EPA make information obtained under section 
114 available to the public, except where information qualifies for 
confidential treatment. The Administrator has determined that this 
proposed rulemaking is subject to the provisions of section 307(d) of 
the CAA.

D. How would these amendments apply to 2016 and 2017 reports?

    The EPA is planning to address the comments we receive on these 
proposed changes and finalize the proposed amendments before the end of 
2016. The EPA expects that the final amendments would be published at 
the same time as or soon after the final NSPS subpart OOOOa is 
published to ensure that these amendments are aligned. Owners or 
operators of facilities in the petroleum and natural gas system 
industry segments that conduct equipment leak detection surveys between 
the effective date of these final amendments and the end of 2016 would 
use that information along with information satisfying the provisions 
of the final amendments to subpart W (including final leaker emission 
factors)

[[Page 4991]]

to calculate and report their 2016 reporting year equipment leak 
emissions. Starting with the 2017 reporting year, owners or operators 
of the petroleum and natural gas system industry segments that conduct 
equipment leak detection surveys any time during the year would be 
required to use that information along with information satisfying the 
provisions of the final amendments to subpart W (including final leaker 
emission factors) to calculate and report their annual equipment leak 
emissions.

II. Revisions and Other Amendments

A. Why are we proposing to add new monitoring methods for detecting 
leaks?

    As noted in section I.B of this preamble, we are proposing to add 
new monitoring methods for detecting leaks and to add leaker emission 
factors to align the equipment leak requirements in subpart W with the 
fugitive emissions monitoring methods proposed for the NSPS subpart 
OOOOa. These proposed additions would refine the site-specific 
equipment leak emission estimates provided under the GHGRP for 
facilities conducting fugitive emissions monitoring. The proposed 
amendments would also allow facilities to use a consistent method to 
demonstrate compliance with multiple EPA programs. This proposal would 
limit burden for subpart W facilities with affected sources that would 
also be required to comply with the proposed NSPS subpart OOOOa by 
allowing them to use data derived from the implementation of the NSPS 
subpart OOOOa to calculate emissions for the GHGRP rather than 
requiring the use of different monitoring methods or requiring the use 
of population emission factors even though additional information using 
a direct leak detection method is available.
    In addition, these proposed amendments are responsive to comments 
received on previous subpart W rulemaking efforts. For example, as part 
of the amendments proposed on December 9, 2014 (79 FR 73148), we 
received comments generally requesting that reporters be allowed to use 
information that provides the best representation of emissions from 
specific sources, including monitoring for equipment leaks, rather than 
prescribing one specific calculation method across the industry 
segment. As noted in section I.B of this preamble, reporters in the 
Onshore Petroleum and Natural Gas Production and Onshore Petroleum and 
Natural Gas Gathering and Boosting industry segments currently must use 
facility equipment counts and population emission factors to estimate 
equipment leak emissions. These proposed amendments would allow 
reporters in those segments to use the information from a leak survey 
conducted on their equipment to calculate and report GHG emissions to 
the GHGRP, which may provide more accurate estimates than the current 
method used for their equipment leak emissions. In the same December 
2014 proposed rulemaking, we specifically requested comment on the use 
of advanced innovative monitoring methods for compliance with subpart W 
monitoring requirements (see 79 FR 73158). Commenters from several 
environmental organizations supported the addition of such methods; 
industry commenters generally stated that optical remote sensing or 
real time monitoring methods should not be required in subpart W, but 
they noted that if owners or operators already use these methods, then 
they should be allowed to use the results as alternatives to other 
required subpart W monitoring requirements.\9\ While the use of OGI for 
leak detection was not the primary focus of this request for comment, 
allowing facilities to use facility-specific OGI monitoring methods as 
an alternative to the other required methods in subpart W is consistent 
with the comments we received on advanced innovative monitoring 
methods. Where a site-specific OGI monitoring program is used (such as 
those proposed in the NSPS subpart OOOOa), the facility will have 
specific information on the number and type of components with active 
leaks. We consider it reasonable to allow reporters to use this 
information to estimate their reported emissions.
---------------------------------------------------------------------------

    \9\ U.S. EPA, Office of Atmospheric Programs, Climate Change 
Division. Response to Public Comments on the Greenhouse Gas 
Reporting Rule: 2015 Revisions and Confidentiality Determinations 
for Petroleum and Natural Gas Systems. September 2015. Docket Item 
No. EPA-HQ-OAR-2014-0831-0189.
---------------------------------------------------------------------------

B. How would the proposed amendments differ from the current subpart W 
requirements for emissions from equipment leaks?

    As a first step, the EPA is proposing to add OGI as specified in 
the proposed NSPS subpart OOOOa to the list of methods for detecting 
equipment leaks in 40 CFR 98.234(a). Subpart W currently includes an 
OGI method in this list of methods (see 40 CFR 98.234(a)(1)), but the 
current subpart W OGI method is not consistent with the OGI method in 
the proposed NSPS subpart OOOOa. As part of the NSPS subpart OOOOa, the 
EPA is proposing that the OGI monitoring of fugitive emissions 
components be carried out through the development and implementation of 
monitoring plans, which would specify the measures for locating 
fugitive emissions components and the detection technology to be used. 
Specifically, the proposed NSPS subpart OOOOa would require affected 
facilities to develop a corporate-wide fugitive emissions monitoring 
plan that describes the OGI instrument and how the OGI survey would be 
conducted to ensure that fugitive emissions can be imaged effectively 
pursuant to specified criteria in the proposed rulemaking, as well as a 
site-specific fugitive emissions monitoring plan that includes a 
sitemap and defines the path the operator will take to ensure all 
fugitive emissions components are monitored. The proposed addition of 
this specific OGI method to subpart W as 40 CFR 98.234(a)(6) would 
align the methods in the two rulemakings and allow subpart W facilities 
to directly use information derived from the implementation of the 
fugitive emissions monitoring conducted under the NSPS subpart OOOOa to 
calculate and report emissions to the GHGRP. Consistent with that goal, 
the EPA expects that the final amendments to subpart W would reference 
the final version of the method(s) in the NSPS subpart OOOOa, including 
any changes made to the NSPS subpart OOOOa in response to comments on 
the proposed method.
    We request comment on whether there are other methods for detecting 
equipment leaks that should be added to subpart W, either because they 
are commonly used across the industry or because they would align the 
subpart W methods with the methods in another federal, state, or local 
regulation.
    The EPA is also proposing to provide the opportunity to use the 
leak survey monitoring and calculation methodology to additional 
reporters in subpart W. For example, in the Onshore Petroleum and 
Natural Gas Production and the Onshore Petroleum and Natural Gas 
Gathering and Boosting industry segments, subpart W presently requires 
reporters to count the number of equipment components of each type 
(e.g., valve, connector, open-ended line, or pressure relief valve) or 
to count the number of major production equipment at the facility and 
then estimate the number of equipment components of each type using 
default average component counts for each piece of equipment in Tables 
W-1B and W-1C of subpart W. The resulting equipment component counts 
are then multiplied by default ``population emission factors'' in Table 
W-1A of subpart W to calculate emissions from equipment

[[Page 4992]]

leaks. These population emission factors represent an average emission 
rate for each equipment component of a certain type, based on the 
fugitive emissions rates observed during the study that is the basis 
for the factors.
    Some studies have found that the majority of a facility's mass 
emissions from equipment leaks come from a small percentage of 
equipment components that have high leak rates.\10\ In general, the 
implementation of a program to identify and repair leaking equipment 
components (e.g., an LDAR program) or fugitive emissions components 
will tend to reduce emissions once the leaking components are repaired. 
Therefore, a facility with an ongoing monitoring and repair program 
will have fewer pieces of equipment with high leak rates and lower 
equipment leak emissions than prior to implementation of the program. 
However, no emission reduction will be observed in the subpart W 
emission estimates if the reporter continues to use equipment component 
counts and the default population emission factors in subpart W. 
Therefore, to track changes in emissions in the data reported to the 
GHGRP from year to year (e.g., to show reduced emissions for facilities 
implementing a regulatory or voluntary LDAR program or a fugitive 
emissions monitoring and repair program), we are proposing that 
facilities that conduct leak surveys use the actual number of leaks 
identified and the proposed leaker emission factors to determine their 
equipment leak emissions instead of the default population emission 
factors.
---------------------------------------------------------------------------

    \10\ See, for example, Epperson, D., et al., ``Equivalent leak 
definitions for Smart LDAR (leak detection and repair) when using 
optical imaging technology.'' J Air Waste Manag Assoc, 57:9, 1050-
1060 (2007).
---------------------------------------------------------------------------

    Specifically, facilities with affected sources that are required to 
conduct fugitive emissions monitoring to comply with the proposed NSPS 
subpart OOOOa would be required to count the actual number of 
components with fugitive emissions identified through implementation of 
the NSPS subpart OOOOa as leaks for purposes for subpart W and use 
those counts with the leak survey calculation methodology in subpart W 
to determine equipment leak emissions for those components. If 
equipment leak surveys are conducted for other purposes, and the other 
sources and/or facilities are using one of the methods in 40 CFR 
98.234(a), the reporter would have the option to use either the number 
of leaks with the equipment leak survey methodology in subpart W or the 
facility component counts with the population emission factors. The 
EPA's intent with this provision is to allow flexibility for Onshore 
Petroleum and Natural Gas Production and Onshore Petroleum and Natural 
Gas Gathering and Boosting reporters whose leak survey method may not 
align exactly with one of the existing methods in subpart W or the NSPS 
subpart OOOOa proposed method to continue to use component counts as 
needed. However, the EPA would expect that any reporter conducting leak 
surveys that align with the proposed method (or any existing leak 
detection method in subpart W), whether required by the NSPS subpart 
OOOOa or part of a voluntary program such as the Methane Challenge 
Program, would use those results for their subpart W annual reporting, 
because the additional burden of completing the emissions calculation 
after a leak survey has been conducted would be similar to using the 
existing subpart W facility equipment count and population emission 
factor method and the results would be more representative of the 
number of leaks at the facility than the existing subpart W method. We 
request comment on whether there are other situations for which subpart 
W should require a reporter to use the results of equipment leak 
surveys conducted using one of the methods in subpart W (e.g., if the 
survey is conducted pursuant to a federal regulation other than the 
NSPS subpart OOOOa or pursuant to a state regulation).
    To quantify emissions from the leaking components, subpart W 
includes leaker emission factors for each segment using the equipment 
leak survey methodology. In contrast to the population emission 
factors, which are multiplied by the total facility component counts, 
leaker emission factors are multiplied by the actual number of leaks 
identified by the leak survey for each component type. Subpart W does 
not currently include leaker emission factors for: (1) The Onshore 
Petroleum and Natural Gas Production industry segment; (2) the Onshore 
Petroleum and Natural Gas Gathering and Boosting industry segment; (3) 
storage wellheads in gas service in the Underground Natural Gas Storage 
industry segment; (4) LNG storage components in gas service in the LNG 
Storage industry segment; or (5) LNG terminals components in gas 
service for the LNG Import and Export Equipment industry segment. In 
this rulemaking, we are proposing a new set of leaker emission factors 
for these sources/segments. For industry segments that already include 
a set of leaker emission factors, we are proposing to expand that set 
of leaker emission factors to include certain additional components to 
fully encompass the fugitive emissions components as defined in the 
proposed NSPS subpart OOOOa. See section II.C of this preamble for more 
information on the development of the proposed leaker emission factors.
    The EPA is also proposing to add new reporting requirements for 
facilities conducting equipment leak surveys to report equipment leak 
emissions under subpart W. Reporters in the Onshore Petroleum and 
Natural Gas Production and the Onshore Petroleum and Natural Gas 
Gathering and Boosting industry segments that begin reporting emissions 
using the leak survey methodology would be required to report the 
information currently listed in 40 CFR 98.236(q)(1) and (2), including 
the number of equipment leak surveys, component type, number of leaking 
components, average time the components were assumed to be leaking, and 
annual carbon dioxide (CO2) and CH4 emissions. 
These data elements are already required to be reported by facilities 
conducting leak detection surveys in the Onshore Natural Gas 
Processing, Onshore Natural Gas Transmission Compression, Underground 
Natural Gas Storage, LNG Storage and LNG Import and Export Equipment 
industry segments; however, facilities in those segments conducting 
equipment leak surveys using the OGI method as specified in the NSPS 
subpart OOOOa would begin reporting leaks for component types with 
proposed new leaker emission factors. Table 2 provides a summary of the 
equipment leak methodologies that would be available to each industry 
segments covered by subpart W under these proposed amendments.

[[Page 4993]]



                           Table 2--Proposed Equipment Leak Requirements for Subpart W
----------------------------------------------------------------------------------------------------------------
                                                        Subpart W--Calculation Methodology
                                 -------------------------------------------------------------------------------
                                  Components subject to the NSPS subpart    Components not subject to the NSPS
  Subpart W--Industry Segments                     OOOOa                               subpart OOOOa
                                 -------------------------------------------------------------------------------
                                      Calculation       Method for leak       Calculation       Method for leak
                                      methodology        detection \a\        methodology        detection \b\
----------------------------------------------------------------------------------------------------------------
Onshore Petroleum and Natural     Leak survey (40     OGI as specified    Leak survey (40     Any method in 40
 Gas Production; Onshore           CFR 98.233(q)).     in the proposed     CFR 98.233(q));     CFR 98.234(a).
 Petroleum and Natural Gas                             NSPS subpart        OR                 N/A.
 Gathering and Boosting.                               OOOOa.             Population count
                                                                           (40 CFR
                                                                           98.233(r)).
----------------------------------------------------------------------------------------------------------------
Onshore Natural Gas Processing..  Leak survey (40     Method 21.........  Leak survey (40     Any method in 40
                                   CFR 98.233(q)).                         CFR 98.233(q))      CFR 98.234(a).
                                                                           \c\.
----------------------------------------------------------------------------------------------------------------
Onshore Natural Gas Transmission  Leak survey (40     OGI as specified    Leak survey (40     Any method in 40
 Compression; Underground          CFR 98.233(q)).     in the proposed     CFR 98.233(q))      CFR 98.234(a).
 Natural Gas Storage: Storage                          NSPS subpart        \d\.
 stations, gas service.                                OOOOa.
----------------------------------------------------------------------------------------------------------------
Underground Natural Gas Storage:  Leak survey (40     OGI as specified    Leak survey (40     Any method in 40
 Storage wellheads, gas service.   CFR 98.233(q)).     in the proposed     CFR 98.233(q));     CFR 98.234(a).
                                                       NSPS subpart        OR                 N/A.
                                                       OOOOa.             Population count
                                                                           (40 CFR
                                                                           98.233(r)).
----------------------------------------------------------------------------------------------------------------
LNG Storage: LNG Service; LNG     Leak survey (40     OGI as specified    Leak survey (40     Any method in 40
 Import and Export Equipment:      CFR 98.233(q)).     in the proposed     CFR 98.233(q)).     CFR 98.234(a).
 LNG Service.                                          NSPS subpart
                                                       OOOOa.
----------------------------------------------------------------------------------------------------------------
LNG Storage: Gas Service; LNG     Leak survey (40     OGI as specified    Leak survey (40     Any method in 40
 Import and Export Equipment:      CFR 98.233(q)).     in the proposed     CFR 98.233(q));     CFR 98.234(a).
 Gas Service.                                          NSPS subpart        OR                 N/A.
                                                       OOOOa.             Population count
                                                                           (40 CFR
                                                                           98.233(r)) \e\.
----------------------------------------------------------------------------------------------------------------
Natural Gas Distribution:         N/A...............  N/A...............  Leak survey (40     Any method in 40
 Transmission-distribution                                                 CFR 98.233(q)).     CFR 98.234(a).
 transfer stations.
----------------------------------------------------------------------------------------------------------------
Natural Gas Distribution: Below   N/A...............  N/A...............  Population count    N/A.
 grade metering-regulating                                                 (40 CFR
 stations and Distribution Mains                                           98.233(r)).
 and Services.
----------------------------------------------------------------------------------------------------------------
\a\ The methods in this column are the methods in the proposed NSPS subpart OOOOa. The final amendments to
  subpart W would reference the final version of the method(s) in the NSPS subpart OOOOa, including any changes
  made to the NSPS subpart OOOOa in response to comments on the proposed method.
\b\ ``Any method in 40 CFR 98.234(a)'' means any of the following methods: OGI as specified in 40 CFR 60.18 (40
  CFR 98.234(a)(1)), Method 21 (40 CFR 98.234(a)(2)), Infrared laser beam illuminated instrument (40 CFR
  98.234(a)(3)), Acoustic leak detection device (40 CFR 98.234(a)(5)), or OGI as specified in the proposed NSPS
  subpart OOOOa (40 CFR 98.234(a)(6)).
\c\ Reporting is required for emissions from valves, connectors, open-ended lines, pressure relief valves, and
  meters but is optional for pumps.
\d\ Reporting is required for emissions from valves, connectors, open-ended lines, pressure relief valves, and
  meters but is optional for flanges, instruments, and other components.
\e\ Reporting is only required for emissions from vapor recovery compressors if this option is chosen.

    In addition, the EPA is proposing to add three new reporting 
requirements for facilities conducting equipment leak surveys in all of 
the above segments as well as the Natural Gas Distribution segment. 
First, facilities in those segments would be required to report the 
method(s) in 40 CFR 98.234(a) used to conduct the survey(s). Second, 
facilities would be required to indicate whether any of their component 
types are subject to the NSPS subpart OOOOa. Finally, facilities would 
be required to indicate whether they elected to use the equipment leak 
survey methodology for any of their component types.

C. How did we select the proposed leaker emission factors?

    As a first step, the EPA is proposing to align the subpart W 
equipment components with the proposed NSPS subpart OOOOa definition of 
``fugitive emissions component,'' to the extent practical. A ``fugitive 
emissions component'' is proposed by the NSPS subpart OOOOa to include 
any component that has the potential to emit fugitive emissions of 
CH4 or volatile organic compounds (VOC) at a well site or 
compressor station site, including but not limited to valves, 
connectors, pressure relief devices, open-ended lines, access doors, 
flanges, closed vent systems, thief hatches or other openings on 
storage vessels, agitator seals, distance pieces, crankcase vents, 
blowdown vents, pump seals or diaphragms, compressors, separators, 
pressure vessels, dehydrators, heaters, instruments, and meters. We are 
not proposing to consider devices that vent as part of normal 
operations, such as natural gas-driven pneumatic controllers or natural 
gas-driven pumps, as fugitive emissions components, as the natural gas 
discharged from the device's vent is not considered a fugitive 
emission. Emissions originating from a location other than the vent, 
such as the seals around the bellows of a diaphragm pump, would be 
considered fugitive emissions.
    Some of the components listed in the NSPS subpart OOOOa proposed 
definition of fugitive emissions component are already included as part 
of the subpart W equipment leaks calculation methodology, while other 
fugitive emissions components are specifically addressed in other 
calculation methodologies in subpart W.

[[Page 4994]]

For example, subpart W includes specific calculation methodologies for 
centrifugal and reciprocating compressors. If emissions from these 
certain compressor sources are observed during an OGI survey and these 
emissions are included as leaks in the subpart W equipment leak 
emissions calculation, then emissions from these sources could be 
double-counted. Therefore, we compared the list of components in the 
NSPS subpart OOOOa proposed definition of fugitive emissions component 
with the current methodologies in subpart W to identify which fugitive 
emissions components are already covered by an existing requirement in 
subpart W and which fugitive emissions components would be specifically 
covered as an equipment leak component in subpart W when using the OGI 
method as specified in the proposed NSPS subpart OOOOa.
    Based on this evaluation, we determined that the subpart W 
calculation methodology for storage tanks already generally includes 
emissions from thief hatches or other openings on storage vessels. 
Similarly, the subpart W methodologies for gas-liquid separators 
include all potential emissions from these sources. Therefore, these 
sources are not considered equipment leak components in the proposed 
amendments to subpart W. We request comment on whether the EPA should 
consider separate approaches for controlled storage tanks and 
uncontrolled storage tanks.
    We also evaluated the subpart W compressor emission calculation 
methodologies to identify sources of overlap between these 
methodologies and the fugitive emission components included in the 
proposed NSPS subpart OOOOa. As noted previously, subpart W has 
specific calculation methodologies for centrifugal and reciprocating 
compressors. For centrifugal compressors, emission sources include wet 
seal oil degassing vent (for centrifugal compressors with wet seals), 
blowdown valve leakage, and isolation valve leakage. For reciprocating 
compressors, emission sources include reciprocating compressor rod 
packing vents, blowdown valve leakage, and isolation valve leakage. For 
compressors in the Onshore Petroleum and Natural Gas Production and the 
Onshore Petroleum and Natural Gas Gathering and Boosting industry 
segments, the compressor methods only cover emissions from the 
centrifugal compressor wet seal oil degassing vent and from the 
reciprocating compressor rod packing vent. Thus, for these industry 
segments, blowdown valve leakage and isolation valve leakage are 
proposed to be included as equipment leaks. For the Natural Gas 
Processing, Onshore Natural Gas Transmission Compression, Underground 
Natural Gas Storage, LNG Storage, and LNG Import and Export Equipment 
segments, subpart W requires reporters to make ``as found'' or 
continuous measurements for compressor emission sources, so the 
reporters will have either direct measurement data or site-specific 
emission factors by which to calculate emissions from all of the 
compressor sources listed above. Therefore, we are proposing to exclude 
these sources from the equipment leak calculation requirements.
    We are also proposing that for purposes of subpart W, all other 
fugitive emissions components as defined in the proposed NSPS subpart 
OOOOa not specifically identified above (e.g., storage tanks, gas-
liquid separators, and compressor sources with explicit calculation 
methods in subpart W) would be considered equipment components when 
conducting an equipment leak survey using the OGI method as specified 
in the proposed NSPS subpart OOOOa.
    We note that some studies have identified unusually large fugitive 
emissions from some sources while conducting OGI or other advanced 
innovative monitoring studies. Often in these cases, a majority of 
emissions come from a minority of sources. This means that some sources 
have emissions significantly higher than would be calculated using 
average emission factors and average component types. Sources included 
in the subset of a data set that contribute to the majority of 
emissions are sometimes referred to as ``super emitters.'' \11\ These 
``super emitters'' may include emissions from a number of different 
components, including thief hatches and holes that develop in equipment 
or vessels due to corrosion. As noted previously, these emission 
sources are already generally included in the subpart W calculation 
methodology for storage tanks, but for most other emission source 
types, we are proposing to include holes and other openings as part of 
the equipment leak requirements. We request comment on ways to more 
accurately account for these and other ``super emitting'' sources in 
the proposed calculation methods for equipment leaks.
---------------------------------------------------------------------------

    \11\ For example: Subramanian, R., et al., 2015, ``Methane 
Emissions from Natural Gas Compressor Stations in the Transmission 
and Storage Sector: Measurements and Comparisons with the EPA 
Greenhouse Gas Reporting Program Protocol,'' Environ. Sci. Technol., 
vol. 49, pp. 3252-3261, February 10, 2015.
---------------------------------------------------------------------------

    Next, we reviewed available literature studies in order to 
determine appropriate leaker emission factors separately for the 
relevant industry segments. For the Onshore Petroleum and Natural Gas 
Production industry segment, we first evaluated the EPA/Gas Research 
Institute (GRI) data set on which the current subpart W population 
emission factors are based. The EPA/GRI data set is based on surveys 
conducted using EPA Method 21 with a leak defined as a monitor reading 
of 10,000 ppmv or higher. We also evaluated more recent studies 
conducted at natural gas production facilities. As described in greater 
detail in the memorandum entitled ``Technical Support for Leak 
Detection Methodology Revisions and Confidentiality Determinations for 
Petroleum and Natural Gas Systems'' in Docket ID No. EPA-HQ-OAR-2015-
0764, we concluded that the EPA/GRI data set provides sufficient data 
to develop leaker emission factors for this industry segment and that 
using this data set for the leaker emission factors provides 
consistency with the population emission factors used by reporters that 
do not conduct leak detection surveys. Due to differences in the 
monitoring methods, it is possible that the average emissions rate of a 
leak identified using EPA Method 21 may be different from the average 
emissions rate of a leak identified using OGI. While the OGI study data 
generally yielded larger leaker factors than those developed from the 
EPA/GRI data set, we found that leaker emission factors determined from 
more recent OGI study data for natural gas production facilities agreed 
reasonably well with the leaker emission factors developed from the 
EPA/GRI data set, suggesting that the EPA/GRI leaker emission factor 
estimates are still valid for this industry segment. Furthermore, the 
EPA/GRI data set is more robust for some components than some of the 
other studies, and the resulting leaker emission factors are well-
established. We request comment on the basis for the leaker emission 
factors for the Onshore Petroleum and Natural Gas Production industry 
segment (i.e., whether it is appropriate to use solely the EPA/GRI 
data, use solely data from OGI monitoring studies, composite all 
available data to develop the leaker emission factors, or use other 
study data).
    For the Onshore Petroleum and Natural Gas Gathering and Boosting 
industry segment, the more recent OGI studies again suggested that the 
average

[[Page 4995]]

leaker emissions may be somewhat higher than those developed from the 
EPA/GRI data set for most components. However, when we considered only 
those component types that had a high number of measurements, there was 
generally reasonable agreement between the emission factors developed 
from the more recent OGI studies and those developed from the EPA/GRI 
data set. It is unclear if the differences noted are due to differences 
in the leak detection method, differences in the industry components or 
both. However, after reviewing the available data, we determined it was 
appropriate to use the leaker emission factors developed from the EPA/
GRI data set for the Onshore Petroleum and Natural Gas Gathering and 
Boosting industry segment, so that the Onshore Petroleum and Natural 
Gas Production and Onshore Petroleum and Natural Gas Gathering and 
Boosting industry segments would share a common set of leaker factors, 
consistent with the use of the same population emission factors for 
these industry segments. We request comment on the basis for the leaker 
emission factors for the Onshore Petroleum and Natural Gas Gathering 
and Boosting industry segment.
    The Onshore Natural Gas Processing industry segment has leaker 
emission factors in subpart W for most traditional equipment leak 
components. Based on the proposed NSPS subpart OOOOa, the fugitive 
emissions monitoring requirements for this industry segment would be 
limited to ``equipment,'' which includes pumps, pressure relief 
devices, open-ended lines, valves, flanges and other connectors. 
Subpart W currently includes leaker emission factors in Table W-2 for 
all of these equipment component types except pumps. Therefore, we are 
proposing to add a leaker emission factor for pumps to Table W-2 based 
on the data set used to develop the existing leaker emission factors 
for the Onshore Natural Gas Processing industry segment. We request 
comment on the basis for the leaker emission factors for pumps in the 
Onshore Natural Gas Processing industry segment.
    The NSPS subpart OOOOa proposed definition of fugitive emissions 
components includes a number of other components that are not the 
traditional ``equipment'' covered by traditional EPA Method 21 
monitoring programs. In many cases, these additional components are not 
already included in other calculation methodologies in subpart W and 
should be considered within the subpart W equipment leak calculation 
methodologies. Therefore, we determined it necessary to develop 
additional leaker emission factors to augment the existing leaker 
emission factors in Tables W-3 through W-6 of subpart W in order to 
harmonize the subpart W equipment leak calculations with the proposed 
requirements in the NSPS subpart OOOOa. First, we reviewed the existing 
leaker emission factors in Tables W-3 through W-6 compared to the 
proposed definition of ``fugitive emissions components'' in the 
proposed NSPS subpart OOOOa to identify any discrepancies. Based on 
this review, we identified certain fugitive emissions components for 
which new leaker emission factors were needed. Therefore, we are 
proposing new leaker emission factors for flanges and ``other'' 
fugitive components and proposing to expand the existing leaker 
emission factor for meters to also include instruments in Tables W-3 
and W-4 for the Onshore Natural Gas Transmission Compression and 
Underground Natural Gas Storage industry segments, respectively. We are 
also proposing to add leaker emission factors for traditional equipment 
components for storage wellheads for equipment in gas service within 
Table W-4. We are proposing to add these same leaker emission factors 
for traditional equipment components in gas service for LNG storage 
components within Table W-5 and for LNG terminal components within 
Table W-6.
    Consistent with the approach used for developing the new leaker 
emission factors for the Onshore Petroleum and Natural Gas Production 
and Onshore Petroleum and Natural Gas Gathering and Boosting segments, 
we used the same historic data sets upon which the existing leaker 
emission factors were developed to develop leaker emission factors for 
these additional components. For more detail regarding the development 
of these additional leaker emission factors for the Onshore Natural Gas 
Transmission Compression, the Underground Natural Gas Storage, the LNG 
Storage, and the LNG Import and Export Equipment industry segments, see 
the memorandum ``Technical Support for Leak Detection Methodology 
Revisions and Confidentiality Determinations for Petroleum and Natural 
Gas Systems'' in Docket ID No. EPA-HQ-OAR-2015-0764. We request comment 
on the basis for the proposed new leaker emission factors for these 
industry segments.

III. Proposed Confidentiality Determinations

A. Overview and Background

    In this proposed rulemaking, we are proposing confidentiality 
determinations for nine new or substantially revised data elements 
proposed to be reported by the following segments: Onshore Petroleum 
and Natural Gas Production; Onshore Petroleum and Natural Gas Gathering 
and Boosting; Onshore Natural Gas Processing; Onshore Natural Gas 
Transmission Compression; Underground Natural Gas Storage; LNG Storage; 
LNG Import and Export Equipment, and Natural Gas Distribution. These 
data elements include new or substantially revised reporting 
requirements for existing facilities already reporting under subpart W. 
The data elements are: (1) The number of complete equipment leak 
surveys performed during the calendar year; (2) whether any equipment 
leak component types are subject to the NSPS subpart OOOOa; (3) whether 
a reporter elected to report to subpart W using the equipment leak 
survey methodology; (4) the method(s) in 40 CFR 98.234(a) used to 
conduct the leak survey; (5) component type; (6) the number of each 
type of component identified as leaking; (7) the average time each type 
of surveyed components is assumed to be leaking and operational; (8) 
annual CO2 emissions by component type; and (9) annual 
CH4 emissions by component type.
    The final confidentiality determinations the EPA has previously 
made for the remainder of the subpart W data elements are unaffected by 
these proposed amendments and continue to apply. For information on 
confidentiality determinations for the GHGRP and subpart W data 
elements, see: 75 FR 39094, July 7, 2010; 76 FR 30782, May 26, 2011; 77 
FR 48072, August 13, 2012; 79 FR 63750, October 24, 2014; 79 FR 70385, 
November 25, 2014; and 80 FR 64262, October 22, 2015. These proposed 
confidentiality determinations would be finalized after considering 
public comment. The EPA plans to finalize these determinations at the 
same time the proposed amendments described in this rulemaking are 
finalized.

B. Approach to Proposed CBI Determinations

    We are applying the same approach as previously used for making 
confidentiality determinations for data elements reported under the 
GHGRP. In the ``Confidentiality Determinations for Data Required Under 
the Mandatory Greenhouse Gas Reporting Rule and Amendments to Special 
Rules Governing Certain Information Obtained Under the Clean Air Act'' 
(hereafter referred to as ``2011 Final CBI Rulemaking'') (76 FR 30782, 
May 26,

[[Page 4996]]

2011), the EPA grouped part 98 data elements into 22 data categories 
(11 direct emitter data categories and 11 supplier data categories) 
with each of the 22 data categories containing data elements that are 
similar in type or characteristics. The EPA then made categorical 
confidentiality determinations for eight direct emitter data categories 
and eight supplier data categories and applied the categorical 
confidentiality determination to all data elements assigned to the 
category. Of these data categories with categorical determinations, the 
EPA determined that four direct emitter data categories are comprised 
of those data elements that meet the definition of ``emissions data,'' 
as defined at 40 CFR 2.301(a), and are, therefore, not entitled to 
confidential treatment under section 114(c) of the CAA.\12\ The EPA 
determined that the other four direct emitter data categories and the 
eight supplier data categories do not meet the definition of ``emission 
data.'' For these data categories that are determined not to be 
emission data, the EPA determined categorically that data in three 
direct emitter data categories and five supplier data categories are 
eligible for confidential treatment as CBI, and that the data in one 
direct emitter data category and three supplier data categories are 
ineligible for confidential treatment as CBI. For two direct emitter 
data categories, ``Unit/Process `Static' Characteristics that Are Not 
Inputs to Emission Equations'' and ``Unit/Process Operating 
Characteristics that Are Not Inputs to Emission Equations,'' and three 
supplier data categories, ``GHGs Reported,'' ``Production/Throughput 
Quantities and Composition,'' and ``Unit/Process Operating 
Characteristics,'' the EPA determined in the 2011 Final CBI Rulemaking 
that the data elements assigned to those categories are not emission 
data, but the EPA did not make categorical CBI determinations for them. 
Rather, the EPA made CBI determinations for each individual data 
element included in those categories on a case-by-case basis taking 
into consideration the criteria in 40 CFR 2.208. The EPA did not make a 
final confidentiality determination for data elements assigned to the 
inputs to emission equation data category (a direct emitter data 
category) in the 2011 Final CBI Rulemaking. However, the EPA has since 
proposed and finalized an approach for addressing disclosure concerns 
associated with inputs to emissions equations.\13\
---------------------------------------------------------------------------

    \12\ Direct emitter data categories that meet the definition of 
``emission data'' in 40 CFR 2.301(a) are ``Facility and Unit 
Identifier Information,'' ``Emissions,'' ``Calculation Methodology 
and Methodological Tier,'' and ``Data Elements Reported for Periods 
of Missing Data that are not Inputs to Emission Equations.''
    \13\ Revisions to Reporting and Recordkeeping Requirements, and 
Confidentiality Determinations Under the Greenhouse Gas Reporting 
Program; Final Rule. (79 FR 63750, October 24, 2014).
---------------------------------------------------------------------------

    For this rulemaking, we are proposing to assign nine new or revised 
data elements to the appropriate direct emitter data categories created 
in the 2011 Final CBI Rulemaking based on the type and characteristics 
of each data element.\14\ Note that subpart W is a direct emitter 
source category, thus, no data are assigned to any supplier data 
categories.
---------------------------------------------------------------------------

    \14\ For a description of the types and characteristics of the 
data elements in each of these data categories, please see 
``Proposed Confidentiality Determinations for Data Required Under 
the Mandatory Greenhouse Gas Reporting Rule and Proposed Amendment 
to Special Rules Governing Certain Information Obtained Under the 
Clean Air Act; Proposed Rule'' (75 FR 39094; July 7, 2010).
---------------------------------------------------------------------------

    For the seven data elements that the EPA has assigned in this 
proposed rulemaking to a direct emitter category with a categorical 
determination (data elements (1) through (5), (8), and (9), as listed 
in section III.A of this preamble), the EPA is proposing that the 
categorical determination for the category be applied to the proposed 
new or revised data element. For the proposed categorical assignment of 
the data elements in the eight categories with categorical 
determinations, see the memorandum ``Data Category Assignments and 
Confidentiality Determinations for All Data Elements in the Proposed 
`Leak Detection Methodology Revisions and Confidentiality 
Determinations for Petroleum and Natural Gas Systems' '' in Docket ID 
No. EPA-HQ-OAR-2015-0764.
    For the two data elements assigned to ``Unit/Process Operating 
Characteristics that Are Not Inputs to Emission Equations'' (data 
elements (6) and (7), as listed in section III.A of this preamble), we 
are proposing confidentiality determinations on a case-by-case basis 
taking into consideration the criteria in 40 CFR 2.208, consistent with 
the approach used for data elements previously assigned to this data 
category. For the proposed categorical assignment of these data 
elements, see the memorandum ``Data Category Assignments and 
Confidentiality Determinations for All Data Elements in the Proposed 
`Leak Detection Methodology Revisions and Confidentiality 
Determinations for Petroleum and Natural Gas Systems' '' in Docket ID 
No. EPA-HQ-OAR-2015-0764. For the results of our case-by-case 
evaluation of these data elements, see section III.C of this preamble.

C. Proposed Confidentiality Determinations for Data Elements Assigned 
to the ``Unit/Process Operating Characteristics That Are Not Inputs to 
Emission Equations'' Data Category

    The EPA is proposing to assign two proposed new or substantially 
revised data elements for subpart W to the ``Unit/Process Operating 
Characteristics That Are Not Inputs to Emission Equations'' data 
category because the proposed new or substantially revised data 
elements share the same characteristics as the other data elements 
previously assigned to the category in earlier EPA rulemakings (see 77 
FR 48072, August 13, 2012; and 79 FR 70352, November 25, 2014). We are 
proposing confidentiality determinations for these proposed new or 
substantially revised data elements based on the approach set forth in 
the 2011 Final CBI Rulemaking for data elements assigned to this data 
category. In that rulemaking, the EPA determined categorically that 
data elements assigned to this data category do not meet the definition 
of emission data in 40 CFR 2.301(a); the EPA then made individual, 
instead of categorical, confidentiality determinations for these data 
elements. For more information on how the confidentiality 
determinations apply to specific industry segments, see the memorandum 
``Data Category Assignments and Confidentiality Determinations for All 
Data Elements in the Proposed `Leak Detection Methodology Revisions and 
Confidentiality Determinations for Petroleum and Natural Gas Systems' 
'' in Docket ID No. EPA-HQ-OAR-2015-0764.
    As with all other data elements assigned to this data category, the 
proposed new or substantially revised data elements do not meet the 
definition of emissions data in 40 CFR 2.301(a). The EPA then 
considered the confidentiality criteria at 40 CFR 2.208 in making our 
proposed confidentiality determinations. Specifically, we focused on 
whether the data are already publicly available from other sources and, 
if not, whether disclosure of the data is likely to cause substantial 
harm to the business' competitive position. Table 3 of this preamble 
lists the data elements that the EPA proposes to assign to the ``Unit/
Process Operating Characteristics That Are Not Inputs to Emission

[[Page 4997]]

Equations'' data category, the proposed confidentiality determination 
for each data element, and our rationale for each determination.

   Table 3--Proposed Confidentiality for Data Elements Assigned to the
``Unit/Process Operating Characteristics That Are Not Inputs to Emission
                        Equations'' Data Category
------------------------------------------------------------------------
                                                         Proposed
                                                      confidentiality
          Citation               Data element        determination and
                                                         rationale
------------------------------------------------------------------------
Sec.   98.236(q)(2)(ii).....  For each component  Not CBI. The term
                               type that is        ``equipment leaks''
                               located at your     refers to those
                               facility, total     emissions which could
                               number of the       not reasonably pass
                               surveyed            through a stack,
                               component type      chimney, vent, or
                               that were           other functionally-
                               identified as       equivalent opening.
                               leaking in the      Leaking components at
                               calendar year       a facility may have a
                               (``xp'' in          correlation to the
                               Equation W-30).     level of maintenance
                                                   at a facility.
                                                   However, there is no
                                                   direct correlation
                                                   between the level of
                                                   maintenance and
                                                   process efficiency,
                                                   i.e., a higher number
                                                   of leaks in one
                                                   facility do not
                                                   indicate that the
                                                   processes have been
                                                   running longer or
                                                   more frequently than
                                                   those processes at
                                                   another facility that
                                                   has a lower number of
                                                   leaks. Furthermore,
                                                   Department of
                                                   Transportation (DOT)
                                                   and Federal Energy
                                                   Regulatory Commission
                                                   (FERC) regulations
                                                   require natural gas
                                                   distribution
                                                   companies and
                                                   transmission pipeline
                                                   companies,
                                                   respectively, to
                                                   conduct periodic leak
                                                   detection and fix any
                                                   leaking equipment.
                                                   The number of leaks
                                                   detected and fixed is
                                                   reported to the DOT
                                                   and is publicly
                                                   available. Finally,
                                                   40 CFR part 60,
                                                   subparts KKK and OOOO
                                                   require natural gas
                                                   processing facilities
                                                   to monitor for VOC
                                                   leaks and report them
                                                   to the EPA, and
                                                   proposed 40 CFR part
                                                   60, subpart OOOOa
                                                   would require
                                                   reporting for each
                                                   component with
                                                   visible emissions at
                                                   affected well sites
                                                   and compressor
                                                   station sites. The
                                                   EPA is proposing that
                                                   this data element is
                                                   not confidential; and
                                                   that it will be
                                                   considered non-CBI.
Sec.   98.236(q)(2)(iii)....  For each component  Not CBI. This proposed
                               type that is        data element would
                               located at your     provide information
                               facility, average   on the amount of time
                               time the surveyed   operational
                               components are      components were found
                               assumed to be       to be leaking. This
                               leaking and         information would
                               operational, in     provide little
                               hours (average of   insight into
                               ``Tp,z'' from       maintenance practices
                               Equation W-30).     at a facility because
                                                   it would not identify
                                                   the cause of the
                                                   leaks or the nature
                                                   and cost of repairs.
                                                   Therefore, this
                                                   information would not
                                                   be likely to cause
                                                   substantial
                                                   competitive harm to
                                                   reporters. For this
                                                   reason, we are
                                                   proposing the average
                                                   time operational
                                                   components were found
                                                   leaking be designated
                                                   as ``not CBI.''
------------------------------------------------------------------------

D. Request for Comments on Proposed Confidentiality Determinations

    For the CBI component of this rulemaking, we are specifically 
soliciting comment on the following issues. First, we specifically seek 
comment on the proposed data category assignments, and application of 
the established categorical confidentiality determinations to data 
elements assigned to categories with such determinations. If a 
commenter believes that the EPA has improperly assigned certain new or 
substantially revised data elements to any of the data categories 
established in the 2011 Final CBI Rulemaking, please provide specific 
comments identifying which of these data elements may be mis-assigned 
along with a detailed explanation of why you believe them to be 
incorrectly assigned and in which data category you believe they 
belong. In addition, if you believe that a data element should be 
assigned to one of the two direct emitter data categories that do not 
have a categorical confidentiality determination, please also provide 
specific comment along with detailed rationale and supporting 
information on whether such a data element does or does not qualify as 
CBI.
    We also seek comment on the proposed individual confidentiality 
determinations for the two new or substantially revised data elements 
assigned to the ``Unit/Process Operating Characteristics That Are Not 
Inputs to Emission Equations'' data category.
    By proposing confidentiality determinations prior to data reporting 
through this proposal and rulemaking process, we provide reporters an 
opportunity to submit comments, in particular comments identifying data 
they consider sensitive and their rationales and supporting 
documentation; this opportunity is the same opportunity that is 
afforded to submitters of information in case-by-case confidentiality 
determinations made in response to individual claims for confidential 
treatment not made through a rulemaking. It provides an opportunity to 
rebut the agency's proposed determinations prior to finalization. We 
will evaluate the comments on our proposed determinations, including 
claims of confidentiality and information substantiating such claims, 
before finalizing the confidentiality determinations. Please note that 
this will be a reporter's only opportunity to substantiate a 
confidentiality claim for the data elements identified in this 
rulemaking. Upon finalizing the confidentiality determinations of the 
data elements identified in this rulemaking, the EPA will release or 
withhold these data in accordance with 40 CFR 2.301, which contains 
special provisions governing the treatment of part 98 data for which 
confidentiality determinations have been made through rulemaking.
    When submitting comments regarding the confidentiality 
determinations we are proposing in this rulemaking, please identify 
each individual data element you do or do not consider to be CBI or 
emission data in your comments. Please explain specifically how the 
public release of that particular data element would or would not cause 
a competitive disadvantage to a facility. Discuss how this data element 
may be different from or similar to data that are already publicly 
available. Please submit information identifying any publicly available 
sources of information containing the specific data elements in 
question. Data that are already available through other sources would 
likely be found not to qualify for CBI protection. In your comments, 
please identify the manner and location in which each specific data 
element you identify is publicly available, including a citation. If 
the data are physically published, such as in a book, industry trade 
publication, or federal agency

[[Page 4998]]

publication, provide the title, volume number (if applicable), 
author(s), publisher, publication date, and International Standard Book 
Number (ISBN) or other identifier. For data published on a Web site, 
provide the address of the Web site and the date you last visited the 
Web site and identify the Web site publisher and content author.
    If your concern is that competitors could use a particular data 
element to discern sensitive information, specifically describe the 
pathway by which this could occur and explain how the discerned 
information would negatively affect your competitive position. Describe 
any unique process or aspect of your facility that would be revealed if 
the particular data element you consider sensitive were made publicly 
available. If the data element you identify would cause harm only when 
used in combination with other publicly available data, then describe 
the other data, identify the public source(s) of these data, and 
explain how the combination of data could be used to cause competitive 
harm. Describe the measures currently taken to keep the data 
confidential. Avoid conclusory and unsubstantiated statements, or 
general assertions regarding potential harm. Please be as specific as 
possible in your comments and include all information necessary for the 
EPA to evaluate your comments.

IV. Impacts of the Proposed Amendments to Subpart W

    As discussed in section II of this preamble, the EPA is proposing 
amendments to subpart W that would add equipment leak monitoring 
methods and would revise recordkeeping and reporting requirements for 
reporters in the following industry segments: Onshore Petroleum and 
Natural Gas Production, Onshore Petroleum and Natural Gas Gathering and 
Boosting, Onshore Natural Gas Processing, Onshore Natural Gas 
Transmission Compression, Underground Natural Gas Storage, LNG Storage, 
LNG Import and Export Equipment, and Natural Gas Distribution. 
Reporters in these industry segments would be required to use the 
results of fugitive emissions component monitoring required under the 
proposed NSPS subpart OOOOa or could voluntarily use the results of 
leak detection surveys that are conducted following a leak detection 
method listed in subpart W to determine the number of leaking 
components of a given type that are present at the facility. Facilities 
would use these results along with the proposed leaker emission factors 
to determine their emissions.
    The proposed amendments to subpart W are not expected to 
significantly increase burden. We estimated that the additional costs 
to reporters in the Onshore Petroleum and Natural Gas Production and 
the Onshore Petroleum and Natural Gas Gathering and Boosting industry 
segments to transition their existing equipment leak recordkeeping, 
calculating, and reporting systems to use the proposed leaker emission 
factor approach would be approximately $50,000 per year for all 
reporters, or about $200 per reporter. Reporters in the other industry 
segments in subpart W would only need to add a few new emission factors 
to their existing systems rather than transitioning their 
recordkeeping, calculating, and reporting systems, so we do not 
estimate any additional burden for these facilities. See the 
memorandum, ``Assessment of Impacts of the Proposed Leak Detection 
Methodology Revisions to Subpart W'' in Docket ID No. EPA-HQ-OAR-2015-
0764 for additional information.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

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 and was 
therefore not submitted to the OMB for review.

B. Paperwork Reduction Act (PRA)

    The information collection activities in this proposed rule have 
been submitted for approval to the OMB under the PRA. The Information 
Collection Request (ICR) document that the EPA prepared has been 
assigned EPA ICR number 2300.19. You can find a copy of the ICR in the 
docket for this rule, and it is briefly summarized here.
    This action proposes to increase burden related to recordkeeping 
and reporting requirements for reporters in two industry segments: 
Onshore Petroleum and Natural Gas Production and Onshore Petroleum and 
Natural Gas Gathering and Boosting. The changes to recordkeeping and 
reporting requirements for the other industry segments in this proposed 
rulemaking are not expected to increase burden. Impacts associated with 
the proposed changes to the recordkeeping and reporting requirements 
are detailed in the memorandum ``Assessment of Impacts of the Proposed 
Leak Detection Methodology Revisions to Subpart W'' (see Docket ID No. 
EPA-HQ-OAR-2015-0764).
    Data collected must be made available to the public unless the data 
qualify for CBI treatment under the CAA and EPA regulations. All data 
determined by the EPA to be CBI are safeguarded in accordance with 
regulations in 40 CFR chapter 1, part 2, subpart B.
    Respondents/affected entities: The respondents in this information 
collection include owners and operators of petroleum and natural gas 
systems facilities that report their GHG emissions from equipment leaks 
to the EPA to comply with subpart W.
    Respondent's obligation to respond: The respondent's obligation to 
respond is mandatory under the authority provided in CAA section 114.
    Estimated number of respondents: Approximately 251 respondents per 
year.
    Frequency of response: Annual.
    Total estimated burden: 502 hours (per year). Burden is defined at 
5 CFR 1320.3(b).
    Total estimated cost: $50,000 (per year).
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the agency's need for this information, the 
accuracy of the provided burden estimates and any suggested methods for 
minimizing respondent burden to the EPA using the docket identified at 
the beginning of this rule. You may also send your ICR-related comments 
to OMB's Office of Information and Regulatory Affairs via email to 
oria_submissions@omb.eop.gov, Attention: Desk Officer for the EPA. 
Since OMB is required to make a decision concerning the ICR between 30 
and 60 days after receipt, OMB must receive comments no later than 
February 29, 2016. The EPA will respond to any ICR-related comments in 
the final rule.

C. Regulatory Flexibility Act (RFA)

    I certify that this action would not have a significant economic 
impact on a substantial number of small entities under the RFA. The 
small entities directly regulated by this proposed rule include small 
businesses in the petroleum and natural gas industry. The EPA has 
determined that some small businesses would be affected because their 
production processes emit GHGs exceeding the reporting threshold. This 
action includes proposed amendments

[[Page 4999]]

that may result in a small burden increase on some subpart W reporters, 
but the EPA has determined that the cost of less than $200 per reporter 
is not a significant increase. Details of this analysis are presented 
in ``Assessment of Impacts of the Leak Detection Methodology Revisions 
and Confidentiality Determinations for Petroleum and Natural Gas 
Systems'' in Docket ID No. EPA-HQ-OAR-2015-0764.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. This action would 
impose no enforceable duty on any state, local, or tribal governments 
or the private sector.

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.

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

    This action has tribal implications. However, it will neither 
impose substantial direct compliance costs on tribal governments, nor 
preempt tribal law. This regulation would apply directly to petroleum 
and natural gas facilities that emit greenhouses gases. Although few 
facilities that would be subject to the rule are likely to be owned by 
tribal governments, the EPA sought opportunities to provide information 
to tribal governments and representatives during the development of the 
proposed and final subpart W that was promulgated on November 30, 2010 
(75 FR 74458).
    The EPA consulted with tribal officials under the EPA Policy on 
Consultation and Coordination with Indian Tribes early in the process 
of developing this regulation to permit them to have meaningful and 
timely input into its development. A summary of that consultation is 
provided in section IV.F of the preamble to the re-proposal of subpart 
W published on April 12, 2010 (75 FR 18608), and section IV.F of the 
preamble to the subpart W 2010 final rule published on November 30, 
2010 (75 FR 74458).

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks, 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

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

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes the human health or environmental risk addressed 
by this action would not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations because the amendments would not affect the 
level of protection provided to human health or the environment. 
Instead, the proposed amendments address information collection and 
reporting and verification procedures.

List of Subjects in 40 CFR Part 98

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

    Dated: January 21, 2016.
Gina McCarthy,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I, of the 
Code of Federal Regulations is proposed to be amended as follows:

PART 98--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 W--Petroleum and Natural Gas Systems

0
2. Sec.  98.232 is amended by:
0
a. Adding paragraphs (d)(8) and (e)(8);
0
b. Revising paragraph (f)(5);
0
c. Adding paragraphs (f)(6) through (8);
0
d. Revising paragraphs (g)(3) and (4);
0
e. Adding paragraphs (g)(5) and (6);
0
f. Revising paragraphs (h)(4) and (5); and
0
g. Adding paragraphs (h)(6) and (7).
    The revisions and additions read as follows:


Sec.  98.232  GHGs to report.

* * * * *
    (d) * * *
    (8) Equipment leaks from pumps that are subject to 40 CFR part 60, 
subpart OOOOa. You may also elect to report emissions from pumps if you 
survey them using a leak detection method described in Sec.  98.234(a) 
and are not subject to 40 CFR part 60, subpart OOOOa.
    (e) * * *
    (8) Equipment leaks from all equipment leak component types, except 
those listed in paragraph (e)(7) of this section, that are subject to 
40 CFR part 60, subpart OOOOa. You may also elect to report emissions 
from these equipment leak component types if you survey them using a 
leak detection method described in Sec.  98.234(a) and are not subject 
to 40 CFR part 60, subpart OOOOa.
    (f) * * *
    (5) Equipment leaks from valves, connectors, open ended lines, 
pressure relief valves, and meters associated with storage stations.
    (6) Equipment leaks from all equipment leak component types 
associated with storage stations, except those listed in paragraph 
(f)(5) of this section, that are subject to 40 CFR part 60, subpart 
OOOOa. You may also elect to report emissions from these equipment leak 
component types if you survey them using a leak detection method 
described in Sec.  98.234(a) and are not subject to 40 CFR part 60, 
subpart OOOOa.
    (7) Equipment leaks from valves, connectors, open-ended lines, and 
pressure relief valves associated with storage wellheads.
    (8) Equipment leaks from all equipment leak component types 
associated with storage wellheads, except those listed in paragraph 
(f)(7) of this section, that are subject to 40 CFR part 60, subpart 
OOOOa. You may also elect to report emissions from these equipment leak 
component types if you survey them using a leak detection

[[Page 5000]]

method described in Sec.  98.234(a) and are not subject to 40 CFR part 
60, subpart OOOOa.
    (g) * * *
    (3) Flare stack emissions.
    (4) Equipment leaks from valves, pump seals, connectors, and other 
equipment leak sources in LNG service.
    (5) Equipment leaks from vapor recovery compressors that are not 
subject to 40 CFR part 60, subpart OOOOa.
    (6) Equipment leaks from all equipment leak component types in gas 
service that are subject to 40 CFR part 60, subpart OOOOa. You may also 
elect to report emissions from these equipment leak component types if 
you survey them using a leak detection method described in Sec.  
98.234(a) and are not subject to 40 CFR part 60, subpart OOOOa.
    (h) * * *
    (4) Flare stack emissions.
    (5) Equipment leaks from valves, pump seals, connectors, and other 
equipment leak sources in LNG service.
    (6) Equipment leaks from vapor recovery compressors that are not 
subject to 40 CFR part 60, subpart OOOOa.
    (7) Equipment leaks from all equipment leak component types in gas 
service that are subject to 40 CFR part 60, subpart OOOOa. You may also 
elect to report emissions from these equipment leak component types if 
you survey them using a leak detection method described in Sec.  
98.234(a) and are not subject to 40 CFR part 60, subpart OOOOa.
* * * * *
0
3. Sec.  98.233 is amended by revising paragraph (q) and the first two 
sentences of paragraph (r)(1) introductory text to read as follows:


Sec.  98.233  Calculating GHG emissions.

* * * * *
    (q) Equipment leak surveys. (1) Applicability. (i) Except as 
specified in paragraph (q)(1)(iv) of this section, you must use any of 
the methods described in Sec.  98.234(a) to conduct leak detection(s) 
of equipment leaks from all equipment leak component types listed in 
Sec.  98.232(d)(7), (e)(7), (f)(5), (g)(4), (h)(5), and (i)(1), and you 
must calculate equipment leak emissions for these equipment leak 
component types using the procedures specified in paragraph (q)(2) of 
this section.
    (ii) Except as specified in paragraph (q)(1)(iv) of this section, 
equipment component types in Sec.  98.232(c)(21), (d)(8), (e)(8), 
(f)(6), (f)(7), (f)(8), (g)(6), (h)(7), and (j)(10) that are subject to 
40 CFR part 60, subpart OOOOa are subject to the equipment leak 
emissions calculation procedures in paragraph (q)(2) of this section.
    (iii) Except as specified in paragraph (q)(1)(iv) of this section, 
you may elect to comply with this paragraph (q) (i.e., use any of the 
methods described in Sec.  98.234(a) to conduct leak detections, and 
use the procedures specified in paragraph (q)(2) of this section to 
calculate emissions) for any equipment leak component types in Sec.  
98.232(c)(21), (d)(8), (e)(8), (f)(6), (f)(7), (f)(8), (g)(6), (h)(7), 
and (j)(10) that are not subject to paragraph (q)(1)(ii) of this 
section.
    (iv) This paragraph (q) applies to component types in streams with 
gas content greater than 10 percent CH4 plus CO2 
by weight. Component types in streams with gas content less than or 
equal to 10 percent CH4 plus CO2 by weight are 
exempt from the requirements of this paragraph (q) and do not need to 
be reported. Tubing systems equal to or less than one half inch 
diameter are exempt from the requirements of this paragraph (q) and do 
not need to be reported.
    (2) Emission calculation methodology. For industry segments listed 
in Sec.  98.230(a)(2) through (9), if equipment leaks are detected for 
component types listed in paragraphs (q)(1)(i) through (iii) of this 
section, then you must calculate equipment leak emissions per component 
type per reporting facility using Equation W-30 of this section and the 
requirements specified in paragraphs (q)(2)(i) through (xi) of this 
this section. For the industry segment listed in Sec.  98.230(a)(8), 
the results from Equation W-30 are used to calculate population 
emission factors on a meter/regulator run basis using Equation W-31 of 
this section. If you chose to conduct equipment leak surveys at all 
above grade transmission-distribution transfer stations over multiple 
years, ``n,'' according to paragraph (q)(2)(x)(A) of this section, then 
you must calculate the emissions from all above grade transmission-
distribution transfer stations as specified in paragraph (q)(2)(xi) of 
this section.
[GRAPHIC] [TIFF OMITTED] TP29JA16.000


Where:

Es,p,i = Annual total volumetric emissions of 
GHGi from specific component type ``p'' (in accordance 
with paragraphs (q)(1)(i) through (iii) of this section) in standard 
(``s'') cubic feet, as specified in paragraphs (q)(2)(ii) through 
(x) of this section.
xp = Total number of specific component type ``p'' 
detected as leaking in any leak survey during the year. A component 
found leaking in two or more surveys during the year is counted as 
one leaking component.
EFs,p = Leaker emission factor for specific component 
types listed in Table 1E and Table W-2 through Table W-7 of this 
subpart.
GHGi = For onshore petroleum and natural gas production 
facilities and onshore petroleum and natural gas gathering and 
boosting facilities, concentration of GHGi, 
CH4, or CO2, in produced natural gas as 
defined in paragraph (u)(2) of this section; for onshore natural gas 
processing facilities, concentration of GHGi, 
CH4 or CO2, in the total hydrocarbon of the 
feed natural gas; for onshore natural gas transmission compression 
and underground natural gas storage, GHGi equals 0.975 
for CH4 and 1.1 x 10-\2\ for CO2 ; 
for LNG storage and LNG import and export equipment, GHGi 
equals 1 for CH4 and 0 for CO2; and for 
natural gas distribution, GHGi equals 1 for 
CH4 and 1.1 x 10-\2\ CO2.
Tp,z = The total time the surveyed component ``z'', 
component type ``p'', was assumed to be leaking and operational, in 
hours. If one leak detection survey is conducted in the calendar 
year, assume the component was leaking for the entire calendar year. 
If multiple leak detection surveys are conducted in the calendar 
year, assume a component found leaking in the first survey was 
leaking since the beginning of the year; assume a component found 
leaking in the last survey of the year was leaking from the 
preceding survey through the end of the year; assume a component 
found leaking in a survey between the first and last surveys of the 
year was leaking since the preceding survey; and sum times for all 
leaking periods. For each leaking component, account for time the 
component was not operational (i.e., not operating under pressure) 
using an engineering estimate based on best available data.

    (i) You must conduct either one leak detection survey in a calendar 
year or multiple complete leak detection surveys in a calendar year. 
The leak detection surveys selected must be conducted during the 
calendar year.

[[Page 5001]]

    (ii) Calculate both CO2 and CH4 mass 
emissions using calculations in paragraph (v) of this section.
    (iii) Onshore petroleum and natural gas production facilities must 
use the appropriate default whole gas leaker emission factors for 
components in gas service, light crude service, and heavy crude service 
listed in Table W-1E of this subpart.
    (iv) Onshore petroleum and natural gas gathering and boosting 
facilities must use the appropriate default whole gas leaker factors 
for components in gas service listed in Table W-1E of this subpart.
    (v) Onshore natural gas processing facilities must use the 
appropriate default total hydrocarbon leaker emission factors for 
compressor components in gas service and non-compressor components in 
gas service listed in Table W-2 of this subpart.
    (vi) Onshore natural gas transmission compression facilities must 
use the appropriate default total hydrocarbon leaker emission factors 
for compressor components in gas service and non-compressor components 
in gas service listed in Table W-3 of this subpart.
    (vii) Underground natural gas storage facilities must use the 
appropriate default total hydrocarbon leaker emission factors for 
storage stations in gas service listed in Table W-4 of this subpart.
    (viii) LNG storage facilities must use the appropriate default 
methane leaker emission factors for LNG storage components in gas 
service listed in Table W-5 of this subpart.
    (ix) LNG import and export facilities must use the appropriate 
default methane leaker emission factors for LNG terminals components in 
LNG service listed in Table W-6 of this subpart.
    (x) Natural gas distribution facilities must use Equation W-30 of 
this section and the default methane leaker emission factors for 
transmission-distribution transfer station components in gas service 
listed in Table W-7 of this subpart to calculate component emissions 
from annual equipment leak surveys conducted at above grade 
transmission-distribution transfer stations. Natural gas distribution 
facilities are required to perform equipment leak surveys only at above 
grade stations that qualify as transmission-distribution transfer 
stations. Below grade transmission-distribution transfer stations and 
all metering-regulating stations that do not meet the definition of 
transmission-distribution transfer stations are not required to perform 
equipment leak surveys under this section.
    (A) Natural gas distribution facilities may choose to conduct 
equipment leak surveys at all above grade transmission-distribution 
transfer stations over multiple years ``n'', not exceeding a five year 
period to cover all above grade transmission-distribution transfer 
stations. If the facility chooses to use the multiple year option, then 
the number of transmission-distribution transfer stations that are 
monitored in each year should be approximately equal across all years 
in the cycle.
    (B) Use Equation W-31 of this section to determine the meter/
regulator run population emission factors for each GHGi. As 
additional survey data become available, you must recalculate the 
meter/regulator run population emission factors for each 
GHGi annually according to paragraph (q)(2)(x)(C) of this 
section.
[GRAPHIC] [TIFF OMITTED] TP29JA16.001

Where:

EFs,MR,i = Meter/regulator run population emission factor 
for GHGi based on all surveyed above grade transmission-
distribution transfer stations over ``n'' years, in standard cubic 
feet of GHGi per operational hour of all meter/regulator 
runs.
Es,p,i,y = Annual total volumetric emissions at standard 
conditions of GHGi from component type ``p'' during year 
``y'' in standard (``s'') cubic feet, as calculated using Equation 
W-30 of this section.
p = Seven component types listed in Table W-7 of this subpart for 
transmission-distribution transfer stations.
Tw,y = The total time the surveyed meter/regulator run 
``w'' was operational, in hours during survey year ``y'' using an 
engineering estimate based on best available data.
CountMR,y = Count of meter/regulator runs surveyed at 
above grade transmission-distribution transfer stations in year 
``y''.
y = Year of data included in emission factor ``EFs,MR,i'' 
according to paragraph (q)(2)(x)(C) of this section.
n = Number of years of data, according to paragraph (q)(8)(i) of 
this section, whose results are used to calculate emission factor 
``EFs,MR,i'' according to paragraph (q)(2)(x)(C) of this 
section.

    (C) The emission factor ``EFs,MR,i'', based on annual 
equipment leak surveys at above grade transmission-distribution 
transfer stations, must be calculated annually. If you chose to conduct 
equipment leak surveys at all above grade transmission-distribution 
transfer stations over multiple years, ``n,'' according to paragraph 
(q)(2)(x)(A) of this section and you have submitted a smaller number of 
annual reports than the duration of the selected cycle period of 5 
years or less, then all available data from the current year and 
previous years must be used in the calculation of the emission factor 
``EFs,MR,i'' from Equation W-31 of this section. After the 
first survey cycle of ``n'' years is completed and beginning in 
calendar year (n+1), the survey will continue on a rolling basis by 
including the survey results from the current calendar year ``y'' and 
survey results from all previous (n-1) calendar years, such that each 
annual calculation of the emission factor ``EFs,MR,i'' from 
Equation W-31 is based on survey results from ``n'' years. Upon 
completion of a cycle, you may elect to change the number of years in 
the next cycle period (to be 5 years or less). If the number of years 
in the new cycle is greater than the number of years in the previous 
cycle, calculate ``EFs,MR,i'' from Equation W-31 in each 
year of the new cycle using the survey results from the current 
calendar year and the survey results from the preceding number years 
that is equal to the number of years in the previous cycle period. If 
the number of years, ``nnew'', in the new cycle is smaller 
than the number of years in the previous cycle, ``n'', calculate 
``EFs,MR,i'' from Equation W-31 in each year of the new 
cycle using the survey results from the current calendar year and 
survey results from all previous (nnew-1) calendar years.
    (xi) If you chose to conduct equipment leak surveys at all above 
grade transmission-distribution transfer stations over multiple years, 
``n,'' according to paragraph (q)(2)(x)(A) of this section, you must 
use the meter/regulator run population emission

[[Page 5002]]

factors calculated using Equation W-31 of this section and the total 
count of all meter/regulator runs at above grade transmission-
distribution transfer stations to calculate emissions from all above 
grade transmission-distribution transfer stations using Equation W-32B 
in paragraph (r) of this section.
    (r) * * * This paragraph (r) applies to emissions sources listed in 
Sec.  98.232(c)(21), (f)(7), (g)(5), (h)(6), and (j)(10) that are not 
subject to the requirements in paragraph (q) of this section, and it 
applies to emission sources listed in Sec.  98.232(i)(2), (i)(3), 
(i)(4), (i)(5), (i)(6), and (j)(11). To be subject to the requirements 
of this paragraph (r), the listed emissions sources also must contact 
streams with gas content greater than 10 percent CH4 plus 
CO2 by weight. Emissions sources that contact streams with 
gas content less than or equal to 10 percent CH4 plus 
CO2 by weight are exempt from the requirements of this 
paragraph (r) and do not need to be reported. * * *
* * * * *
0
4. Sec.  98.234 is amended by revising paragraph (a) introductory text 
and the paragraph (a)(1) heading and adding paragraph (a)(6) to read as 
follows:


Sec.  98.234  Monitoring and QA/QC requirements.

* * * * *
    (a) You must use any of the methods described in paragraphs (a)(1) 
through (5) of this section to conduct leak detection(s) of through-
valve leakage from all source types listed in Sec.  98.233(k), (o), and 
(p) that occur during a calendar year. You must use any of the methods 
described in paragraphs (a)(1) through (6) of this section to conduct 
leak detection(s) of equipment leaks from component types listed in 
Sec.  98.233(q)(1)(i) and (iii) that occur during a calendar year. To 
conduct leak detection(s) of equipment leaks from component types 
listed in Sec.  98.233(q)(1)(ii), you must use the method described in 
paragraph (a)(6) of this section.
    (1) Optical gas imaging instrument as specified in 40 CFR 60.18. * 
* *
* * * * *
    (6) Optical gas imaging instrument as specified in 40 CFR 60.5397a. 
Use an optical gas imaging instrument for equipment leak detection in 
accordance with Sec.  60.5397a(b) through (e) and (g) through (i) of 
this chapter and paragraphs (a)(6)(i) through (v) of this section.
    (i) For the purposes of this subpart, any fugitive emission from a 
fugitive emissions component, as defined in 40 CFR part 60, subpart 
OOOOa, that is detected by the optical gas imaging instrument is a 
leak.
    (ii) For the purposes of this subpart, the term ``fugitive 
emissions component'' in Sec.  60.5397a(b) through (i) of this chapter 
means ``equipment leak component.''
    (iii) For the purpose of complying with Sec.  98.233(q)(1)(iii), 
the phrases ``the collection of fugitive emissions components at well 
sites and compressor stations'' and ``each collection of fugitive 
emissions components at a well site and each collection of fugitive 
emissions components at a compressor station'' in Sec.  60.5397a(b) and 
(g) of this chapter mean ``the collection of equipment leak components 
for which you elect to comply with Sec.  98.233(q)(1)(iii).''
    (iv) The requirements in Sec.  60.5397a(c)(4) and (5) of this 
chapter to include procedures and timelines for repair in your 
monitoring plan do not apply to equipment leak components for which you 
elect to comply with Sec.  98.233(q)(1)(iii).
    (v) For the purpose of complying with Sec.  98.233(q)(1)(iii), the 
reference in Sec.  60.5397a(g) to ``the initial survey'' does not 
apply.
* * * * *
0
5. Sec.  98.236 is amended by:
0
a. Redesignating paragraphs (a)(1)(xiv) through (xvii) as paragraphs 
(a)(1)(xv) through (xviii), respectively;
0
b. Adding paragraph (a)(1)(xiv);
0
c. Redesignating paragraphs (a)(9)(x) and (xi) as paragraphs (a)(9)(xi) 
and (xii), respectively;
0
d. Adding paragraph (a)(9)(x);
0
e. Revising paragraph (q)(1) introductory text;
0
f. Adding paragraphs (q)(1)(iii) through (v); and
0
g. Revising the first sentence of paragraph (q)(2) introductory text.
    The revisions and additions read as follows:


Sec.  98.236  Data reporting requirements.

* * * * *
    (a) * * *
    (1) * * *
    (xiv) Equipment leak surveys. Report the information specified in 
paragraph (q) of this section.
* * * * *
    (9) * * *
    (x) Equipment leak surveys. Report the information specified in 
paragraph (q) of this section.
* * * * *
    (q) * * *
    (1) You must report the information specified in paragraphs 
(q)(1)(i) through (v) of this section.
* * * * *
    (iii) Indicate whether any equipment leak component types were 
subject to 40 CFR part 60, subpart OOOOa.
    (iv) Indicate whether you elected to comply with Sec.  
98.233(q)(1)(iii).
    (v) Report each type of method described in Sec.  98.234(a) that 
was used to conduct leak surveys.
    (2) You must indicate whether your facility contains any of the 
component types subject to Sec.  98.233(q) that are listed in Sec.  
98.232(c)(21), (d)(7), (d)(8), (e)(7), (e)(8), (f)(5), (f)(6), (f)(7), 
(f)(8), (g)(4), (g)(5), (g)(6), (h)(5), (h)(6), (h)(7), (j)(10), or 
(i)(1), for your facility's industry segment. * * *
* * * * *
0
6. Add Table W-1E of subpart W of part 98 in numerical order to read as 
follows:

  Table W-1E of Subpart W of Part 98--Default Whole Gas Leaker Emission
  Factors for Onshore Petroleum and Natural Gas Production and Onshore
            Petroleum and Natural Gas Gathering and Boosting
------------------------------------------------------------------------
                                                             Emission
                                                           factor  (scf/
                  Equipment components                         hour/
                                                            component)
------------------------------------------------------------------------
        Leaker Emission Factors--All Components, Gas Service \1\
------------------------------------------------------------------------
Valve...................................................             4.9
Flange..................................................             4.1
Connector (other).......................................             1.3
Open-Ended Line \2\.....................................             2.8
Pressure Relief Valve...................................             4.5
Pump Seal...............................................             3.7

[[Page 5003]]

 
Other \3\...............................................             4.5
------------------------------------------------------------------------
    Leaker Emission Factors--All Components, Light Crude Service \4\
------------------------------------------------------------------------
Valve...................................................             3.2
Flange..................................................             2.7
Connector (other).......................................             1.0
Open-Ended Line.........................................             1.6
Pump....................................................             3.7
Agitator Seal...........................................             3.7
Other \3\...............................................             3.1
------------------------------------------------------------------------
    Leaker Emission Factors--All Components, Heavy Crude Service \5\
------------------------------------------------------------------------
Valve...................................................             3.2
Flange..................................................             2.7
Connector (other).......................................             1.0
Open-Ended Line.........................................             1.6
Pump....................................................             3.7
Agitator Seal...........................................             3.7
Other \3\...............................................             3.1
------------------------------------------------------------------------
\1\ For multi-phase flow that includes gas, use the gas service emission
  factors.
\2\ The open-ended lines component type includes blowdown valve and
  isolation valve leaks emitted through the blowdown vent stack for
  centrifugal and reciprocating compressors.
\3\ ``Others'' category includes any equipment leak emission point not
  specifically listed in this table, except for the following: It
  excludes thief hatches and all other potential emission points in gas
  service on atmospheric storage tanks, all potential emission points in
  gas service on gas-liquid separators, wet seal oil degassing vents
  from centrifugal compressors, and rod packing vents from reciprocating
  compressors.
\4\ Hydrocarbon liquids greater than or equal to 20[deg]API are
  considered ``light crude.''
\5\ Hydrocarbon liquids less than 20[deg]API are considered ``heavy
  crude.''

0
7. Revise Table W-2 of subpart W of part 98 to read as follows:

  Table W-2 to Subpart W of Part 98--Default Total Hydrocarbon Emission
               Factors for Onshore Natural Gas Processing
------------------------------------------------------------------------
                                                             Emission
                                                           factor (scf/
          Onshore natural gas processing plants                hour/
                                                            component)
------------------------------------------------------------------------
       Leaker Emission Factors--Compressor Components, Gas Service
------------------------------------------------------------------------
Valve \1\...............................................           14.84
Connector...............................................            5.59
Open-Ended Line.........................................           17.27
Pressure Relief Valve...................................           39.66
Meter...................................................           19.33
------------------------------------------------------------------------
     Leaker Emission Factors--Non-Compressor Components, Gas Service
------------------------------------------------------------------------
Valve \1\...............................................            6.42
Connector...............................................            5.71
Open-Ended Line.........................................           11.27
Pressure Relief Valve...................................            2.01
Meter...................................................            2.93
Pump....................................................             3.4
------------------------------------------------------------------------
\1\ Valves include control valves, block valves and regulator valves.

0
8. Revise Table W-3 of subpart W of part 98 to read as follows:

[[Page 5004]]



  Table W-3 to Subpart W of Part 98--Default Total Hydrocarbon Emission
        Factors for Onshore Natural Gas Transmission Compression
------------------------------------------------------------------------
                                                             Emission
                                                           factor (scf/
      Onshore natural gas transmission compression             hour/
                                                            component)
------------------------------------------------------------------------
       Leaker Emission Factors--Compressor Components, Gas Service
------------------------------------------------------------------------
Valve \1\...............................................           14.84
Connector...............................................            5.59
Flange..................................................            5.59
Open-Ended Line.........................................           17.27
Pressure Relief Valve...................................           39.66
Meter or Instrument.....................................           19.33
Other \2\...............................................             4.1
------------------------------------------------------------------------
     Leaker Emission Factors--Non-Compressor Components, Gas Service
------------------------------------------------------------------------
Valve \1\...............................................            6.42
Connector...............................................            5.71
Flange..................................................            5.71
Open-Ended Line.........................................           11.27
Pressure Relief Valve...................................            2.01
Meter or Instrument.....................................            2.93
Other \2\...............................................             4.1
------------------------------------------------------------------------
                Population Emission Factors--Gas Service
------------------------------------------------------------------------
Low Continuous Bleed Pneumatic Device Vents \3\.........            1.37
High Continuous Bleed Pneumatic Device Vents \3\........           18.20
Intermittent Bleed Pneumatic Device Vents \3\...........            2.35
------------------------------------------------------------------------
\1\ Valves include control valves, block valves and regulator valves.
\2\ Other includes any potential equipment leak emission point in gas
  service that is not specifically listed in this table, except it
  excludes thief hatches and all other potential emission points in gas
  service on transmission storage tanks, and it excludes compressor
  emission points that are subject to Sec.   98.233(o) or (p).
\3\ Emission Factor is in units of ``scf/hour/device.''

0
9. Revise Table W-4 of subpart W of part 98 to read as follows:

  Table W-4 to Subpart W of Part 98--Default Total Hydrocarbon Emission
               Factors for Underground Natural Gas Storage
------------------------------------------------------------------------
                                                             Emission
                                                           factor (scf/
             Underground natural gas storage                   hour/
                                                            component)
------------------------------------------------------------------------
          Leaker Emission Factors--Storage Station, Gas Service
------------------------------------------------------------------------
Valve \1\...............................................           14.84
Connector...............................................            5.59
Flange..................................................            5.59
Open-Ended Line.........................................           17.27
Pressure Relief Valve...................................           39.66
Meter and Instrument....................................           19.33
Other \2\...............................................             4.1
------------------------------------------------------------------------
       Population Emission Factors--Storage Wellheads, Gas Service
------------------------------------------------------------------------
Connector...............................................            0.01
Valve...................................................             0.1
Pressure Relief Valve...................................            0.17
Open-Ended Line.........................................            0.03
------------------------------------------------------------------------
         Leaker Emission Factors--Storage Wellheads, Gas Service
------------------------------------------------------------------------
Valve \1\...............................................             4.5
Connector...............................................             1.2
Flange..................................................             3.8
Open-Ended Line.........................................             2.5
Pressure Relief Valve...................................             4.1

[[Page 5005]]

 
Other \2\...............................................             4.1
------------------------------------------------------------------------
       Population Emission Factors--Other Components, Gas Service
------------------------------------------------------------------------
Low Continuous Bleed Pneumatic Device Vents \3\.........            1.37
High Continuous Bleed Pneumatic Device Vents \3\........           18.20
Intermittent Bleed Pneumatic Device Vents \3\...........            2.35
------------------------------------------------------------------------
\1\ Valves include control valves, block valves and regulator valves.
\2\ Other includes any potential equipment leak emission point in gas
  service that is not specifically listed in this table except that it
  does not include compressor emission points that are subject to Sec.
  98.233(o) or (p).
\3\ Emission Factor is in units of ``scf/hour/device.''

0
10. Revise Table W-5 of subpart W of part 98 to read as follows:

 Table W-5 to Subpart W of Part 98--Default Methane Emission Factors for
                   Liquefied Natural Gas (LNG) Storage
------------------------------------------------------------------------
                                                             Emission
                                                           factor (scf/
                       LNG storage                             hour/
                                                            component)
------------------------------------------------------------------------
      Leaker Emission Factors--LNG Storage Components, LNG Service
------------------------------------------------------------------------
Valve...................................................            1.19
Pump Seal...............................................            4.00
Connector...............................................            0.34
Other \1\...............................................            1.77
------------------------------------------------------------------------
      Leaker Emission Factors--LNG Storage Components, Gas Service
------------------------------------------------------------------------
Valve \2\...............................................           14.84
Connector...............................................            5.59
Flange..................................................            5.59
Open-Ended Line.........................................           17.27
Pressure Relief Valve...................................           39.66
Meter and Instrument....................................           19.33
Other \3\...............................................             4.1
------------------------------------------------------------------------
    Population Emission Factors--LNG Storage Compressor, Gas Service
------------------------------------------------------------------------
Vapor Recovery Compressor \4\...........................            4.17
------------------------------------------------------------------------
\1\ ``Other'' equipment type for components in LNG service should be
  applied for any equipment type other than connectors, pumps, or
  valves.
\2\ Valves include control valves, block valves and regulator valves.
\3\ ``Other'' equipment type for components in gas service should be
  applied for any equipment type other than valves, connectors, flanges,
  open-ended lines, pressure relief valves, and meters and instruments,
  except that it does not include compressor emission points that are
  subject to Sec.   98.233(o) or (p).
\4\ Emission Factor is in units of ``scf/hour/device.''

0
11. Revise Table W-6 of subpart W of part 98 to read as follows:

 Table W-6 to Subpart W of Part 98--Default Methane Emission Factors for
                     LNG Import and Export Equipment
------------------------------------------------------------------------
                                                             Emission
                                                           factor (scf/
             LNG import and export equipment                   hour/
                                                            component)
------------------------------------------------------------------------
     Leaker Emission Factors--LNG Terminals Components, LNG Service
------------------------------------------------------------------------
Valve...................................................            1.19
Pump Seal...............................................            4.00

[[Page 5006]]

 
Connector...............................................            0.34
Other \1\...............................................            1.77
------------------------------------------------------------------------
     Leaker Emission Factors--LNG Terminals Components, Gas Service
------------------------------------------------------------------------
Valve \2\...............................................           14.84
Connector...............................................            5.59
Flange..................................................            5.59
Open-Ended Line.........................................           17.27
Pressure Relief Valve...................................           39.66
Meter and Instrument....................................           19.33
Other \3\...............................................             4.1
------------------------------------------------------------------------
   Population Emission Factors--LNG Terminals Compressor, Gas Service
------------------------------------------------------------------------
Vapor Recovery Compressor \4\...........................            4.17
------------------------------------------------------------------------
\1\ ``Other'' equipment type for components in LNG service should be
  applied for any equipment type other than connectors, pumps, or
  valves.
\2\ Valves include control valves, block valves and regulator valves.
\3\ ``Other'' equipment type for components in gas service should be
  applied for any equipment type other than valves, connectors, flanges,
  open-ended lines, pressure relief valves, and meters and instruments,
  except that it does not include compressor emission points that are
  subject to Sec.   98.233(o) or (p).
\4\ Emission Factor is in units of ``scf/hour/compressor.''

* * * * *
[FR Doc. 2016-01669 Filed 1-28-16; 8:45 am]
 BILLING CODE 6560-50-P