U.S. Environmental Protection Agency 

Documentation of OMB Review Under Executive Order 12866 

Title of Action: 

Docket#: FRL#: RIN:

This action was submitted to the Office of Management and Budget (OMB) for review under Executive Order (E.O.) 

12866, titled Regulatory Planning and Review (58 FR 51735, October 4, 1993). Whenever EPA makes publicly available 

a regulatory action that was reviewed under E.O. 12866, section 6(a)(3)(E) of the E.O. directs the Agency to also: 

(1) Make available to the public a copy of the information that was provided to OMB’s Office of Information and 

Regulatory Affairs (OIRA) for review under the E.O., i.e., the text of the draft regulatory action and, if applicable, 

an assessment of the potential costs and benefits, as well as additional information for those actions that are 

determined to be economically significant under the E.O. (Information requirements are described in sections 

6(a)(3)(B) and (C)). 

(2) Identify for the public any substantive changes between the draft submitted to OIRA and the action that was 

subsequently issued, using a method that is complete, clear, and simple. 

(3) Identify for the public those substantive changes made at the suggestion or recommendation of OIRA.

For this regulatory action, were substantive changes made to information reviewed under E.O. 

12866? [Please check the appropriate answer.]

No. [In the docket, include the information identified in item (1) below.]

Yes. [In the docket, include the information identified in items (1) – (3) below.]

Accordingly, the Agency has included this form and the following information in the public 

docket for this regulatory action: [Please check the appropriate information.]

(1) A copy of the information that was provided to OIRA for review under the E.O. 

(2) Documentation of any substantive changes made to the draft regulatory text that was 

submitted to OIRA when compared with what was subsequently made publicly available.

The documentation is provided on the pages following this form. Changes made at the 

suggestion or recommendation of OIRA, if any, are clearly identified through attribution to 

OIRA. EPA has used one or more of the following methods to note changes: [Select the 

appropriate option(s).]

(a) Redline-Strikeout – A copy of the draft regulatory action submitted, using redlinestrikeout to show the substantive changes that were made.

(b) Hand Markup – A copy of the draft regulatory action submitted, using handwritten notes 

to show the substantive changes that were made.

(c) Note to the file - A document that identifies the substantive changes that were made, 

with page and paragraph references to the draft regulatory action that was submitted.

If you have any questions about this regulatory action or this documentation, please call the 

contact:

Name: Email: Phone: 

Revised 05/05/2010 

Proposed Confidentiality Determinations for 8 Subparts and Proposed Amendments to Table A-6 in Subpart

A under the Mandatory Reporting of Greenhouse Gases Rule

EPA-HQ-OAR-2011-0028 2060-AQ70

Lisa Bacanskas Bacanskas.Lisa@epamail.epa.gov (202) 343-9758
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MEMORANDUM 

TO: Docket # EPA-HQ-OAR-2011-0028 

FROM: Lisa Bacanskas, USEPA Climate Change Division, Mail Code 6207J 

DATE: December 20, 2011 

SUBJECT: Summary of Major Changes to the Proposed Confidentiality Determinations for 8 

Subparts and Proposed Amendments to Table A-6 in Subpart A under the Mandatory Reporting 

of Greenhouse Gases Rule after submission to OMB, including the first version of the rule 

submitted to OMB for review and the version of the proposed rule cleared by OMB. 

Introduction 

EPA has revised and updated the Proposed Confidentiality Determinations for 8 Subparts and 

Proposed Amendments to Table A-6 in Subpart A under the Mandatory Reporting of 

Greenhouse Gases Rule between the time the document was submitted to OMB on July 13, 2011 

and when it was cleared by OMB on November 23, 2011. Both of these versions of the proposed 

rule are included in this memorandum. EPA revised the proposal to eliminate confidentiality 

determinations for subparts I and W (CBI determinations for these two subparts will be proposed 

in separate future actions), propose confidentiality determinations for seven new data elements 

that are not inputs to equations in subparts II and TT, propose to categorize three data elements 

added to subparts FF and TT as inputs to emission equations and to defer their reporting deadline 

to March 31, 2013, amend Table A-6 in Subpart A, and re-numerate section references in Table 

A-6 as finalized in the November 29, 2011 final rule. 

The purpose of this memo is to summarize major changes and allow readers to easily identify 

where new information has been added to the proposal. This memo does not provide an 

exhaustive or comprehensive list of line edits; rather, it is meant to facilitate comparison between 

document versions by highlighting key changes. 

Summary of Major Changes 

Table 1 below lists the section references, page numbers (of the version cleared by OMB), and 

general descriptions of major changes and additions to the proposal. Minor grammatical, 

formatting, referencing, and editorial corrections were made throughout the package as needed 

and are not listed in the below table. None of the major changes listed in Table 1 resulted from 

OMB suggestions. EPA implemented minor editorial changes suggested by OMB; however, 

these are not shown in Table 1.
2 of 5

Table 1. Summary of Major Changes Section and Subsection 

Page Number(s) 

Overview of Change(s)

Preamble Front Section 

1 Updated title to reflect the elimination of subparts I and W, addition of su

amendments to Table A-6 of subpart A. 

 1-2 Updated the summary to reflect the elimination of confidentiality determi

and W, addition of confidentiality determinations for non inputs in subpaproposing of data elements as inputs in subparts FF and TT, and amendmsubpart A. Inserted text to clarify which recent amendments were taken inthe confidentiality determinations. 

 5 Updated email address for further general information.  6 Added an acronym to the acronyms and abbreviations list.  7-8 Updated table of contents to reflect new and revised section heading namPreamble I.A 8-12 Deleted references to subparts I and W and accordingly replaced “eight” 

subparts in several instances to reflect the elimination of these two subpar

 8 Added statement that this rulemaking reflects amendment to subpart RR 

2011 Technical Corrections final rule. 

 10 Added statement that the memorandum that provides a table with all the c

determinations for all of the non inputs for this subpart in Docket EPA-Hreflects the proposed revisions in the Technical Corrections final rule. 

 10 Updated section to replace references to the proposed deferral (December 

final deferral (August 25, 2011) and revised text accordingly to reflect threporting dates in the final deferral. 

 10-11 Added a paragraph explaining the second purpose of this action is to prop

determinations for new data elements in subparts II and TT. 

 11-12 Added a paragraph explaining the third purpose of this action is to propos

Table A-6 to subpart A of Part 98 to reflect amendments in the Technical to subparts FF and TT. 

Preamble I.B 13-15 Deleted text to indicate this action affects owners and operators of electro

facilities and petroleum and natural gas systems. 

 13-15 Added text to indicate this action affects owners and operators of industri
3 of 5

Section and Subsection 

Page Number(s) 

Overview of Change(s)treatment facilities, underground coal mines, and industrial waste landfill

 13-15 Updated Table 1 to reflect the elimination of electronics manufacturing fa

petroleum and natural gas systems and addition of underground coal minewastewater treatment facilities, and industrial waste landfills. 

Preamble II.A 21-22 Deleted references to subparts I and W and accordingly replaced “eight” 

subparts in several instances to reflect the elimination of these two subpar

 21 Updated “three” with “two” separate actions for finalizing subparts L, DD

subparts RR and UU. 

 21-22 Added statement that this rulemaking reflects amendment to subpart RR 

2011 Technical Corrections final rule. 

 22-23 Added paragraph explaining that EPA is proposing confidentiality determ

elements in subparts II and TT that are not inputs to emission equations. 

 22-23 Added two paragraphs explaining that EPA is proposing to amend Table 

numeration and addition of subpart FF and TT inputs in the November 29Corrections final rule. 

 24 Added a bulleted list to indicate that the three affected subparts are FF, IIPreamble II.B 25 Updated section to replace references to the proposed deferral (December 

final deferral (August 25, 2011) and revised text accordingly to reflect threporting dates in the final deferral. 

 25-26 Added two paragraphs explaining why proposing changes to amend TablPreamble II.C 26-27 Deleted references to subparts I and W and accordingly replaced “eight” 

subparts in several instances to reflect the elimination of these two subpar

Preamble II.D 28-31 Added Section II.D explaining how the Technical Corrections final rule a

rulemaking. 

Preamble III 31 Updated “eight” subparts to “six” subparts in the section heading.Preamble III.A 31-37 Deleted references to subparts I and W and accordingly replaced “eight” 

subparts in several instances. 
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Section and Subsection 

Page Number(s) 

Overview of Change(s)

Preamble III.B 37-40 Deleted references to subparts I and W and accordingly replaced “eight” 

subparts in several instances. 

40 Deleted section describing confidentiality determinations for subpart I (o

III.B.1) 

48 Deleted section describing confidentiality determinations for subpart W (

III.B.3) 

40-53 Re-numerated section headings. Originally, these included Sections III.B

and after the deletion of the subpart I and W sections, these included SectIII.B.4. 

Preamble III.C 54-55 Updated references from “eight” subparts to “six” subparts.  55 Added language to clarify that CBI determinations are made with respect 

Information Act (FOIA) exemption 4, CAA section 114(c), and EPA regu2.208 and 2.301. 

Preamble III.C.2 64 Updated rule citations for several subpart RR data elements from 40 CFR 

CFR 98.446(a)(4) 

Preamble III.D 78 Updated references from “eight” subparts to “six” subpart. Preamble IV 80-83 Added Section IV (“Proposal of CBI determinations for New Data Eleme

TT”) proposing CBI determinations new subpart II and TT data elements emission equations. 

Preamble V 83-86 Added Section V (“Deferral of Inputs to Emission Equations for Subparts 

Amendment to Table A-6”) proposing deferring new inputs in subparts Famendments to Table A-6 of subpart A. 

Preamble VI 86 Re-numerated Section IV to VI (“Statutory and Executive Order Reviews

the addition of two new sections. 

Preamble VI.B 86-87 Deleted references to subparts I and W and accordingly replaced “eight” 

subparts to reflect the elimination of these two subparts. 

 87 Added references to subparts FF, II, and TT and added associated OMB c

the Information Collection Request (ICR) documents for those subparts. 
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Section and Subsection 

Page Number(s) 

Overview of Change(s)

Regulatory Text Table A–6 to Subpart A of Part 98 

96-97 Added section to propose amendments to Table A–6 to Subpart A of Part 
*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review***

6560.50 

EO12866_GHGRP Part 98 2060 AQ70 NPRM EA_20110711 

ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 2 

[EPA-HQ-OAR-2011-0028; FRL- ] 

RIN 2060-AQ70 

Re-proposal of Confidentiality Determinations for Eight 

Subparts under the Mandatory Reporting of Greenhouse Gases 

Rule 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Re-Proposal. 

SUMMARY: This action re-proposes confidentiality 

determinations for the data elements in eight subparts 

finalized in November and December of 2010 as part of three 

separate amendments to the Mandatory Greenhouse Gas 

Reporting Rule. The confidentiality determinations were 

originally proposed in EPA’s July 7, 2010 "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." 

DATES: Comments. Comments must be received on or before 

[INSERT THE DATE 60 DAYS AFTER THE DATE OF PUBLICATION OF 

THIS PROPOSED RULE IN THE FEDERAL REGISTER]. 

Public Hearing. EPA does not plan to conduct a public 

hearing unless requested. To request a hearing, please 
*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

Page 2 of 112 

contact the person listed in the FOR FURTHER INFORMATION 

CONTACT section by [INSERT THE DATE 7 DAYS AFTER 

PUBLICATION OF THIS PROPOSED RULE IN THE FEDERAL REGISTER]. 

Upon such request, EPA will hold the hearing on [INSERT THE 

DATE 15 DAYS AFTER PUBLICATION OF THIS PROPOSED RULE IN THE 

FEDERAL REGISTER] in the Washington, DC area starting at 9 

a.m., local time. EPA will provide further information 

about the hearing on its webpage if a hearing is requested. 

ADDRESSES: Submit your comments, identified by Docket ID 

No. EPA–HQ–OAR–2011-0028, by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online instructions 

for submitting comments. 

• E-mail: GHGReportingCBI@epa.gov 

• Fax: (202) 566–1741. 

• Mail: Environmental Protection Agency, EPA Docket 

Center (EPA/DC), Mailcode 6102T, Attention Docket ID 

No. EPA–HQ–OAR–2011-0028, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, Public Reading Room, 

EPA West Building, Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC 20004. Such deliveries 

are only accepted during the Docket’s normal hours of 

operation, and special arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to Docket ID No. 

EPA–HQ–OAR–2011-0028. EPA’s policy is that all comments 

received will be included in the public docket without 

change and may be made available online at 

http://www.regulations.gov, including any personal 
*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

Page 3 of 112 

information provided, unless the comment includes 

information claimed to be confidential business information 

(CBI) or other information whose disclosure is restricted 

by statute. 

Do not submit information that you consider to be CBI 

or otherwise protected through http://www.regulations.gov

or e-mail. Send or deliver information identified as CBI 

to only the mail or hand/courier delivery address listed 

above, attention: Docket ID No. EPA-HQ-OAR-2011-0028. The 

http://www.regulations.gov website is an “anonymous access” 

system, which means EPA will not know your identity or 

contact information unless you provide it in the body of 

your comment. If you send an e-mail comment directly to 

EPA without going through http://www.regulations.gov your 

e-mail address will be automatically captured and included 

as part of the comment that is placed in the public docket 

and made available on the Internet. If you submit an 

electronic comment, EPA recommends that you include your 

name and other contact information in the body of your 

comment and with any disk or CD–ROM you submit. If EPA 

cannot read your comment due to technical difficulties and 

cannot contact you for clarification, EPA may not be able 

to consider your comment. Electronic files should avoid 
*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

Page 4 of 112 

the use of special characters, any form of encryption, and 

be free of any defects or viruses. 

Docket: All documents in the docket are listed in the 

http://www.regulations.gov index. Although listed in the 

index, some information is not publicly available, e.g., 

CBI or other information whose disclosure is restricted by 

statute. Certain other material, such as copyrighted 

material, will be publicly available only in hard copy. 

Publicly available docket materials are available either 

electronically in http://www.regulations.gov or in hard 

copy at the Air Docket, EPA/DC, EPA West, Room B102, 1301 

Constitution Ave., NW., Washington, DC. This Docket 

Facility is open from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal holidays. The telephone 

number for the Public Reading Room is (202) 566–1744, and 

the telephone number for the Air Docket is (202) 566–1742. 

FOR FURTHER GENERAL INFORMATION CONTACT: Carole Cook, 

Climate Change Division, Office of Atmospheric Programs 

(MC–6207J), Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, DC 20460; telephone 

number: (202) 343–9263; fax number: (202) 343–2342; e-mail 

address: GHGMRR@epa.gov. For technical information, 

contact the Greenhouse Gas Reporting Rule Hotline at: 
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http://www.epa.gov/climatechange/emissions/ghgrule_contactu

s.htm. Alternatively, contact Carole Cook at 202–343–9263. 

Worldwide Web (WWW). In addition to being available 

in the docket, an electronic copy of this proposal, 

memoranda to the docket, and all other related information 

will also be available through the WWW on EPA’s greenhouse 

gas reporting rule website at 

http://www.epa.gov/climatechange/emissions/ghgrulemaking.ht

ml. 

SUPPLEMENTARY INFORMATION: 

Acronyms and Abbreviations. The following acronyms 

and abbreviations are used in this document. 

BAMM Best Available Monitoring Methods 

CAA Clean Air Act 

CEMS continuous emission monitoring system 

CO2 carbon dioxide 

CBI confidential business information 

CEMS Continuous Emission Monitoring System 

CFR Code of Federal Regulations 

EIA Energy Information Administration 

EPA U.S. Environmental Protection Agency 

F-GHG fluorinated greenhouse gas 

GHG greenhouse gas 

ICR Information Collection Request 

LDC local natural gas distribution company 

LNG liquefied natural gas 

MMBtu million Btu 

MMscfd million standard cubic feet per day 

MRV monitoring, reporting, and verification 
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NESHAP national emission standards for hazardous air 

pollutants 

N2O nitrous oxide 

NTTAA National Technology Transfer and Advancement Act of 

1995 

OMB Office of Management & Budget 

PFC perfluorocarbon 

R&D research and development 

RFA Regulatory Flexibility Act 

SF6 sulfur hexafluoride 

UIC Underground Injection Control 

UMRA Unfunded Mandates Reform Act of 1995 

U.S. United States 

WWW Worldwide Web 

TABLE OF CONTENTS 

I. General Information

A. What is the purpose of this action?

B. Does this action apply to me?

C. What should I consider as I prepare my comments to EPA?

II. Background and General Rationale

A. Background

B. Background on Data Elements in the “Inputs to Emission 

Equations” Data Category

C. What is the rationale for re-proposing the CBI 

determinations for these eight subparts?

III. Re-Proposal of CBI determinations for Eight Subparts

A. Overview

B. Direct Emitter Data Categories

C. GHG Supplier Data Categories

D. Commenting on the Proposed Confidentiality 

Determinations and Data Category Assignments

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review 

and Executive Order 13563: Improving Regulation and 

Regulatory Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act (RFA)

D. Unfunded Mandates Reform Act (UMRA)

E. Executive Order 13132: Federalism
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F. Executive Order 13175: Consultation and Coordination 

with Indian Tribal Governments

G. Executive Order 13045: Protection of Children from 

Environmental Health Risks and Safety Risks

H. Executive Order 13211: Actions that Significantly 

Affect Energy Supply, Distribution, or Use

I. National Technology Transfer and Advancement Act

J. Executive Order 12898: Federal Actions to Address 

Environmental Justice in Minority Populations and LowIncome Populations

I. General Information 

A. What is the purpose of this action?

EPA is re-proposing confidentiality determinations for 

the data elements in eight subparts (I, L, W, DD, QQ, RR, 

SS, and UU) of 40 CFR part 98 of the Mandatory Greenhouse 

Gases Reporting rule (hereafter referred to as “Part 98”). 

These eight subparts were finalized in November and 

December of 2010 as part of three separate amendments to 

Part 98. Proposed confidentiality determinations for data 

elements contained in the proposed subparts I, L, W, DD, 

QQ, RR, and SS were included in the July 7, 2010 proposed 

CBI determination notice (75 FR 39094; hereinafter referred 

to as the “July 7, 2010 CBI proposal”). However, as 

explained in more detail in Section II.C of this preamble, 

because many data elements were added or significantly 

changed since proposal, and portions of proposed subpart RR 

were split off to create a new subpart UU, we are reproposing for public comment the confidentiality 
*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

Page 8 of 112 

determinations for these data elements as finalized in the 

eight subparts. 

On May 26, 2011, EPA published the final CBI 

determinations for 35 Part 98 subparts in “Confidentiality 

Determinations for Data Required Under the Mandatory 

Greenhouse Gas Reporting Rule and Amendments to Special 

Rules Governing Certain Information Obtained Under the 

Clean Air Act”, (76 FR 30782; hereinafter referred to as 

the “Final CBI Rule”). In that rule, we created 22 data 

categories (11 for direct emitters of greenhouse gases 

(GHGs) and 11 for suppliers of GHGs and products containing 

GHGs) and assigned data elements in the 35 subparts to 

appropriate data categories. In today’s action, we 

similarly propose to assign the data elements in the eight 

subparts into the appropriate data categories created in 

the Final CBI Rule. For a list of the data categories, see 

Section III.A of this preamble. This notice covers all of 

the data elements from the eight subparts except for those 

that are in the “Inputs to Emission Equations” data 

category. The covered data elements and their proposed 

category assignments are listed by data category in the 

Memorandum entitled “Docket EPA-HQ-OAR-2011-0028 Memo A.” 

As in the Final CBI Rule, this proposal does not address 

data elements in the “Inputs to Emission Equations” data 
*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

Page 9 of 112 

category. The data elements in the “Inputs to Emission 

Equations” data category, including those in the eight 

subparts, were identified in “Change to the Reporting Date 

for Certain Data Elements Required Under the Mandatory 

Reporting of Greenhouse Gases Rule,” published on December 

27, 2010 (75 FR 81350). In that action, EPA proposed to 

defer reporting of the data elements in the “Inputs to 

Emission Equations” data category until March 31, 2014. 

For easy reference, we have placed a list of the data 

elements in these eight subparts that are assigned to the 

“Inputs to Emission Equations” data category in the docket 

for today’s action. (“Docket EPA-HQ-OAR-2011-0028 Memo 

B”). 

B. Does this action apply to me?

This proposal affects entities required to submit 

annual GHG reports under certain subparts of Part 98. The 

Administrator determined that this action is subject to the 

provisions of Clean Air Act (CAA) section 307(d). See CAA 

section 307(d)(1)(V) (the provisions of CAA section 307(d) 

apply to “such other actions as the Administrator may 

determine”). Part 98 and this action affect owners and 

operators of electronics manufacturing facilities, 

fluorinated gas production facilities, electric power 

systems, electrical equipment manufacturing facilities, 
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carbon dioxide (CO2) enhanced oil and gas recovery projects, 

acid gas injection projects, geologic sequestration 

projects, and petroleum and natural gas systems, as well as 

importers and exporters of pre-charged equipment and 

closed-cell foams. Affected categories and entities 

include those listed in Table 1 of this preamble. 

Table 1. Examples of Affected Entities by Category 

Category NAICS Examples of affected facilities 

Electronics 

Manufacturing 

334111 Microcomputers manufacturing 

facilities. 

334413 Semiconductor, photovoltaic 

(solid-state) device 

manufacturing facilities. 

334419 Liquid crystal display unit 

screens manufacturing 

facilities. 

334419 Micro-electro-mechanical 

systems manufacturing 

facilities. 

Fluorinated 

Gas Production 

325120 Industrial gases manufacturing 

facilities. 

Electrical 

Equipment Use 

221121 Electric bulk power 

transmission and control 

facilities. 

Electrical 

Equipment 

Manufacture or 

Refurbishment 

33531 Power transmission and 

distribution switchgear and 

specialty transformers 

manufacturing facilities. 

Importers and 

Exporters of 

Pre-charged 

Equipment and 

Closed-Cell 

Foams 

423730 Air-conditioning equipment 

(except room units) merchant 

wholesalers. 

333415 Air-conditioning equipment 

(except motor vehicle) 

manufacturing. 

336391 Motor vehicle air-conditioning 

manufacturing. 

423620 Air-conditioners, room, 

merchant wholesalers. 

443111 Household appliance stores. 
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Category NAICS Examples of affected facilities 

423730 Automotive air-conditioners 

merchant wholesalers. 

326150 Polyurethane foam products 

manufacturing. 

335313 Circuit breakers, power, 

manufacturing. 

423610 Circuit breakers merchant 

wholesalers. 

Petroleum and 

Natural Gas 

Systems 

486210 Pipeline transportation of 

natural gas. 

221210 Natural gas distribution 

facilities. 

211 Extractors of crude petroleum 

and natural gas. 

211112 Natural gas liquid extraction 

facilities. 

CO2 Enhanced 

Oil and Gas 

Recovery 

Projects 

211 Oil and gas extraction projects 

using CO2 enhanced recovery. 

Acid Gas 

Injection 

Projects 

211111 

or 

211112 

Projects that inject acid gas 

containing CO2 underground. 

Geologic 

Sequestration 

Projects 

N/A CO2 geologic sequestration 

projects. 

Table 1 of this preamble lists the types of entities 

that potentially could be affected by the reporting 

requirements under the eight subparts covered by this 

proposal. However, this list is not intended to be 

exhaustive, but rather provides a guide for readers 

regarding facilities and suppliers likely to be affected by 

this action. Other types of facilities and suppliers not 

listed in the table could also be subject to reporting 

requirements. To determine whether you are affected by 
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Page 12 of 112 

this action, you should carefully examine the applicability 

criteria found in 40 CFR part 98, subpart A as well as 40 

CFR part 98 subparts I, L, W, DD, QQ, RR, SS, and UU. If 

you have questions regarding the applicability of this 

action to a particular facility, consult the person listed 

in the FOR FURTHER INFORMATION CONTACT section of this 

preamble. 

C. What should I consider as I prepare my comments to EPA?

1. Submitting CBI. 

Clearly mark the part or all of the information that 

you claim to be CBI. For CBI information in a disk or CD 

ROM that you mail to EPA, mark the outside of the disk or 

CD ROM as CBI and then identify electronically within the 

disk or CD ROM the specific information that is claimed as 

CBI. In addition to one complete version of the comment 

that includes information claimed as CBI, a copy of the 

comment that does not contain the information claimed as 

CBI must be submitted for inclusion in the public docket. 

Information marked as CBI will not be disclosed except in 

accordance with procedures set forth in 40 CFR part 2. 

Do not submit information that you consider to be CBI 

or otherwise protected through http://www.regulations.gov

or e-mail. Send or deliver information identified as CBI 
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Page 13 of 112 

to only the mail or hand/courier delivery address listed 

above, attention: Docket ID No. EPA-HQ-OAR-2011-0028. 

If you have any questions about CBI or the procedures 

for claiming CBI, please consult the person identified in 

the “FOR FURTHER INFORMATION CONTACT” section. 

2. Tips for Preparing Your Comments

When submitting comments, remember to: 

Identify the rulemaking by docket number and other 

identifying information (e.g., subject heading, Federal 

Register date and page number). 

Follow directions. EPA may ask you to respond to 

specific questions or organize comments by referencing a 

CFR part or section number. 

Explain why you agree or disagree, and suggest 

alternatives and substitute language for your requested 

changes. 

Describe any assumptions and provide any technical 

information and/or data that you used. 

If you estimate potential costs or burdens, explain 

how you arrived at your estimate in sufficient detail to 

allow us to reproduce your estimate. 

Provide specific examples to illustrate your concerns 

and suggest alternatives. 

Explain your views as clearly as possible, avoiding 
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the use of profanity or personal threats. 

Make sure to submit your information and comments by 

the comment period deadline identified in the preceding 

section titled DATES. To ensure proper receipt by EPA, be 

sure to identify the docket ID number assigned to this 

action in the subject line on the first page of your 

response. You may also provide the name, date, and Federal 

Register citation. 

To expedite review of your comments by Agency staff, 

you are encouraged to send a separate copy of your 

comments, in addition to the copy you submit to the 

official docket, to Carole Cook, U.S. EPA, Office of 

Atmospheric Programs, Climate Change Division, Mail Code 

6207-J, Washington, DC, 20460, telephone (202) 343–9263, email GHGReportingCBI@epa.gov. You are also encouraged to 

send a separate copy of your CBI information to Carole Cook 

at the provided mailing address in the FOR FURTHER 

INFORMATION CONTACT section. Please do not send CBI to the 

electronic docket or by email. 

II. Background and General Rationale 

A. Background 

On October 30, 2009, EPA published the Mandatory GHG 

Reporting Rule for collecting information regarding GHGs 

from a broad range of industry sectors (74 FR 56260). 
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Under Part 98 and its subsequent amendments, certain 

facilities and suppliers above specified thresholds are 

required to report GHG information to EPA annually. For 

facilities, this includes those that directly emit GHGs 

(“direct emitters”) and those that geologically sequester 

or otherwise inject CO2 underground. For suppliers, this 

includes those that supply certain products that would 

result in GHG emissions if released, combusted, or oxidized 

(“suppliers”). The data to be reported consists of GHG 

emission and supply information as well as other data, 

including information necessary to characterize, quantify, 

and verify the reported emissions and supplied quantities. 

In the preamble to Part 98, we stated, “Through a notice 

and comment process, we will establish those data elements 

that are ‘emissions data’ and therefore [under CAA section 

114(c)] will not be afforded the protections of CBI. As 

part of that exercise, in response to requests provided in 

comments, we may identify classes of information that are 

not emissions data, and are CBI” (74 FR 56287, October 30, 

2009). 

On July 7, 2010, (75 FR 39094) EPA proposed 

confidentiality determinations for Part 98 data elements 

and proposed amending EPA’s regulation for handling CBI to 

add specific procedures for the treatment of Part 98 data. 
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The July 7, 2010 CBI proposal proposed confidentiality 

status determinations for the data elements for 31 subparts 

included in the 2009 final Part 98 rule (see 74 FR 56260, 

October 30, 2009), four subparts finalized in July 2010 

(see 75 FR 39736, July 12, 2010), and seven new subparts 

that had been proposed but not yet finalized as of July 

2010 (see 75 FR 18576, 75 FR 18608, and 75 FR 18652, April 

12, 2010). The July 7, 2010 CBI proposal also covered 

proposed changes to the reporting requirements for some of 

the Part 98 subparts finalized in October 2009. These 

changes were proposed in two separate rulemakings (see 75 

FR 18455, April 12, 2010; and 75 FR 33950, June 15, 2010). 

On August 11, 2010, EPA published another proposed 

amendment to Part 98 to change the description of some 

reported data elements and require reporting of some new 

data elements for some of the Part 98 subparts finalized in 

October 2009 (75 FR 48744; hereinafter referred to as the 

“August 11, 2010 revisions proposal”). EPA issued a 

supplemental CBI proposal that proposed confidentiality 

determinations for the new and revised data elements 

included in the August 11, 2010 revisions notice (75 FR 

43889, July 27, 2010; hereinafter referred to as the “July 

27, 2010 supplemental CBI proposal”). 
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On May 26, 2011, EPA issued the Final CBI Rule for the 

data elements in 35 Part 98 subparts that were covered in 

the July 2010 proposals, except for those data elements in 

the “Inputs to Emission Equations” data category. In that 

final rule, EPA created 22 data categories (11 for direct 

emitters and 11 for suppliers) and assigned data elements 

in the 35 subparts to appropriate data categories. For 16 

data categories (eight direct emitter data categories and 

eight supplier data categories), EPA issued a categorybased final CBI determination for all data elements within 

the category. For another five data categories (two direct 

emitter data categories and three supplier data 

categories), EPA determined that they are not “emission 

data” under CAA section 114(c) and 40 CFR 2.301(a)(2)(i) 

for purposes of determining the GHG emissions to be 

reported under Part 98. However, for the reasons explained 

in the preamble to that rule, EPA did not make categorical 

CBI determination for these five data categories but 

instead evaluated and determined for individual data 

elements in these data categories whether they qualify as 

CBI. As a result, each of these five categories contains 

both data elements determined to be CBI and those 

determined not to be CBI. As explained in more detail in 

Section II.B of this preamble, we did not take final action 
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with respect to the data elements in the remaining one of 

the 22 data categories addressed in that rule: the “Inputs 

to Emission Equations” data category. 

In the May 26, 2011 Final CBI Rule, EPA did not 

finalize confidentiality determinations for the data 

elements in seven subparts that had been proposed or reproposed at the time of the July 7, 2010 CBI proposal 

(subparts I, L, W, DD, QQ, RR, and SS). EPA finalized 

those seven subparts and subpart UU1 in three separate 

actions. We finalized subpart W on November 30, 2010 (75 

FR 74458). On December 1, 2010, we finalized subparts I, 

L, DD, QQ, and SS (75 FR 74774), and subparts RR and UU (75 

FR 75060). These final eight subparts, which are covered 

by today’s proposed action, are as follows: 

• Subpart I, Electronics Manufacturing 

• Subpart L, Fluorinated Gas Production 

• Subpart W, Petroleum and Natural Gas Systems 

• Subpart DD, Electrical Transmission and Distribution 

Equipment Use 

• Subpart QQ, Importers and Exporters of Fluorinated 

Greenhouse Gases Contained in Pre-charged Equipment or 

Closed-cell Foams 

• Subpart RR, Geologic Sequestration of Carbon Dioxide 

 

1 EPA initially proposed subparts RR and UU as a single subpart (subpart 

RR); however, as a result of public comments on subpart RR, EPA moved 

all definitions, requirements, and procedures for facilities conducting 

only CO2 injection (without geologic sequestration) into a new subpart 

(subpart UU). Subpart RR retained all definitions, requirements, and 

procedures related to facilities conducting geologic sequestration. 
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• Subpart SS, Electrical Equipment Manufacture or 

Refurbishment 

• Subpart UU, Injection of Carbon Dioxide. 

As explained in more detail in Section II.C of this 

preamble, EPA is re-proposing confidentiality 

determinations for the data elements in these eight 

subparts. 

B. Background on data elements in the “inputs to emission 

equations” data category

EPA received numerous public comments on the July 7, 

2010 CBI proposal and the July 27, 2010 supplemental CBI 

proposal. In particular, EPA received comments that raised 

serious concerns regarding the public availability of data 

in the “Inputs to Emission Equations” category. In light 

of some of the comments on inputs to emission equations, 

EPA took three concurrent actions, which are as follows: 

• Call for Information: Information on Inputs to 

Emission Equations under the Mandatory Reporting of 

Greenhouse Gases Rule, 75 FR 81366 (December 27, 

2010).

• Change to the Reporting Date for Certain Data Elements 

Required Under the Mandatory Reporting of Greenhouse 

Gases Rule; Proposed Rule, 75 FR 81350 (December 27, 

2010) (“proposed deferral”). 

• Interim Final Regulation Deferring the Reporting Date 

for Certain Data Elements Required Under the Mandatory 

Reporting of Greenhouse Gases Rule, 75 FR 81338 

(December 27, 2010) (“interim final rule”). 
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As explained in the proposed deferral notice, EPA has 

determined that some of the comments on inputs to emission 

equations “warrant in-depth evaluation of the potential 

impact from the release of inputs to emission equations, as 

well as collection and review of additional information, 

that cannot be completed before the March 31, 2011 

reporting deadline” (75 FR 81350, 81353). We therefore 

issued the proposed deferral to defer the reporting 

deadline for data elements that are inputs to emission 

equations. The deferral, if finalized, would “afford EPA 

additional time to complete this evaluation and take final 

actions regarding inputs to equations before these data 

elements are reported to EPA and potentially become subject 

to release.” Id. Because EPA needs time to complete the 

deferral rulemaking, EPA concurrently issued the interim 

final rule to defer reporting of inputs to emission 

equations to August 31, 2011.2 EPA also concurrently issued 

the call for information to collect additional information 

that will assist EPA with the evaluation described above. 

Please see the December 27, 2010 notices for these three 

actions for further details on these actions. 

 

2 The reporting deadline for year 2010 data required under the Mandatory 

Reporting of Greenhouse Gases Rule has since been extended to September 

30, 2011. See 76 FR 14812 (March 18, 2011). 
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The proposed deferral and the call for information 

apply to all Part 98 data elements that EPA has categorized 

as inputs to emissions equations, including the inputs to 

emission equations in the eight subparts subject to today's 

rule. The interim final rule, which provides a short 

extension to the March 31, 2011 reporting deadline under 

Part 98, does not apply to these eight subparts (which are 

not required to be reported until March 31, 2012). 

C. What is the rationale for re-proposing the CBI 

determinations for these eight subparts?

EPA included the data elements in the proposed 

subparts I, L, W, DD, QQ, RR, and SS in the July 7, 2010 

CBI proposal because EPA did not anticipate any significant 

change to these data elements when finalizing these 

subparts. However, EPA received comments on these proposed 

subparts recommending significant changes to some of the 

data elements in these subparts. In addition, EPA received 

numerous comments on the July 7, 2010 CBI proposal 

requesting another opportunity to comment on the final set 

of data elements in these seven subparts after their 

promulgation. After the subparts were promulgated, EPA 

evaluated the changes made between proposal and 

promulgation. It was clear that there were significant 

changes to the data elements in these subparts since 
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proposal. There were changes in the types of data to be 

submitted, and new data elements were added. The changes 

also included definition changes and clarifications as well 

as technical changes that affected many of the data 

reporting categories and data elements. Further, we split 

off portions of the proposed subpart RR and created a new 

subpart UU. Given these significant changes, EPA agreed 

that an opportunity to comment on the confidentiality of 

data elements in these final eight subparts is warranted. 

EPA is therefore re-proposing the confidentiality 

determinations for the data elements in the final eight 

subparts. 

Because this is a re-proposal, EPA is not responding 

to previous comments submitted on the July 7, 2010 CBI 

proposal relative to the data elements in these subparts. 

Although EPA considered those comments when developing this 

re-proposal, we encourage you to resubmit such comments to 

ensure their consideration and response by EPA in this 

rulemaking. In resubmitting previous comments, please make 

any necessary changes to clarify that you are addressing 

the re-proposal and add details as requested above. 

III. Re-Proposal of CBI determinations for Eight Subparts 

A. Overview
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We propose to apply categorical confidentiality 

determinations made in the final CBI rule to the data 

elements in these eight subparts that are assigned to those 

categories. In this section, we are requesting comment on 

two aspects of this proposal. First, we seek comment on 

the proposed data category assignment for each of these 

data elements. Second, for those data elements assigned to 

the five data categories without categorical CBI 

determinations, we seek comment on the individual 

confidentiality determinations we are proposing for these 

data elements. 

In the Final CBI Rule, EPA created 22 data categories 

and assigned data elements in 35 subparts to appropriate 

data categories. In this re-proposal, EPA similarly 

proposes to assign each data element in the final subparts 

I, L, W, DD, QQ, RR, SS, and UU to one of 21 data 

categories3 based on the type and characteristics of the 

data element. For example, data elements that refer to the 

amount and composition of raw material (excluding fuel) 

consumed as inputs to the production process have been 

assigned to the “Raw Materials Consumed That Are Not Inputs 

 

3 As previously mentioned, this proposal does not address data elements 

in the “Inputs to Emission Equations” data category. For data elements 

in these eight subparts that are assigned to the “Inputs to Emission 

Equations” category, please see the Memorandum entitled “[Docket EPAHQ-OAR-2011-0028 Memo B].” 
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to Emission Equations” data category. For a list of the 

proposed category assignments (excluding inputs to emission 

equations) for the data elements in these subparts, please 

see the Memorandum entitled “Docket EPA-HQ-OAR-2011-0028 

Memo A.” Because the data categories created in the Final 

CBI Rule are sufficient in scope to cover the data elements 

in these eight subparts, no new data categories are being 

proposed. For a description of each data category and the 

type and characteristics of data elements assigned to them, 

please see Sections II.C and II.D of the July 7, 2010 CBI 

proposal. 

As mentioned earlier in this preamble and shown in 

Tables 2 and 3 of this preamble, in the Final CBI Rule, EPA 

made categorical confidentiality determinations (i.e., one 

determination that applies to all data elements in that 

category) for 16 data categories (eight direct emitter data 

categories and eight supplier data categories). For the 

remaining five data categories (two direct emitter data 

categories and three supplier data categories), EPA 

determined that they are not “emission data” for purposes 

of determining GHG emission to be reported under Part 98 

data elements but did not make categorical determinations 

regarding their CBI status. The final categorical 

determinations described above would apply to the data 
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elements in the eight subparts that EPA assigns to these 

categories through this rulemaking. We are soliciting 

comments on the proposed category assignments for the data 

elements in these eight subparts. If you believe that EPA 

has improperly assigned certain data elements in these 

eight subparts to the data categories, please provide 

specific comments identifying which data elements may be 

mis-assigned along with a detailed rationale for why they 

are not correctly assigned and in which data category they 

belong. In addition, if you believe that a data element 

should be assigned to one of the five categories that do 

not have a categorical confidentiality determination, 

please also provide specific comment along with detailed 

rationale and supporting information on whether such data 

element does or does not qualify as CBI. 

As mentioned above, for five data categories (two 

direct emitter data categories and three supplier data 

categories), we determined in the Final CBI Rule that the 

data elements assigned to these data categories are not 

emission data for purposes of determining the GHG emissions 

to be reported under Part 98. However, for the reasons 

stated in the preambles to the proposed and the Final CBI 

Rule, we made final CBI determinations for individual data 

elements assigned to those categories. In making these 
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individual CBI determinations, we considered the 

confidentiality determination criteria at 40 CFR 2.208, in 

particular whether release of the data is likely to cause 

substantial harm to the business’s competitive position. 

See 40 CFR 2.208(e)(1). Consistent with that approach, we 

now propose to determine for individual data elements in 

these five data categories whether they qualify as CBI. 

For EPA’s proposed CBI determinations for these data 

elements, please see Section III.B of this preamble for 

data elements in the two direct emitter data categories and 

Section III.C of this preamble for data elements in the 

three supplier data categories. EPA seeks comment on the 

proposed CBI determinations for the data elements in these 

five categories. When submitting a comment disagreeing 

with a proposed determination, please provide detailed 

supporting information on why the individual data element 

does or does not qualify as CBI. 

Tables 2 and 3 summarize the actions taken in the 

Final CBI Rule for 21 of the 22 data categories created in 

that notice (excluding the “Inputs to Emission Equations” 

data category). 

Table 2. Summary of Final Confidentiality Determinations 

for Direct Emitter Data Categories 

Data Category 

Confidentiality Determination for 

Data Elements in Each Category 
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Emission 

Dataa

Data That 

Are Not 

Emission 

Data and 

Not CBI 

Data That 

Are Not 

Emission 

Data But 

Are CBIb

Facility and Unit 

Identifier 

Information 

X 

Emissions X 

Calculation 

Methodology and 

Methodological Tier 

X 

Data Elements 

Reported for Periods 

of Missing Data that 

are Not Inputs to 

Emission Equations 

X 

Unit/Process “Static” 

Characteristics that 

are Not Inputs to 

Emission Equations 

 Xc Xc

Unit/Process 

Operating 

Characteristics that 

are Not Inputs to 

Emission Equations 

 Xc Xc

Test and Calibration 

Methods 

 X 

Production/Throughput 

Data that are Not 

Inputs to Emission 

Equations 

 X 

Raw Materials 

Consumed that are Not 

Inputs to Emission 

Equations 

 X 

Process-Specific and 

Vendor Data Submitted 

in BAMM Extension 

Requests 

 X 

a Under CAA section 114, “emission data” are not entitled to 

confidential treatment. The term “emission data” is defined at 40 CFR 

2.301(a)(2)(i). 

b Section 114(c) of the CAA affords confidential treatment to data 

(except emission data) that are considered CBI. 

c In the Final CBI Rule, this data category contains both data elements 

determined to be CBI and those determined not to be CBI. 
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Table 3. Summary of Final Confidentiality Determinations 

for Supplier Data Categories 

Data Category 

Confidentiality Determinations for Data 

Elements in Each Category 

Emission 

Dataa

Data That Are 

Not Emission 

Data and Not 

CBI 

Data That Are 

Not Emission 

Data But Are 

CBIb

GHGs Reported X

c Xc

Production/ 

Throughput 

Quantities and 

Composition 

 Xc X

c

Identification 

Information 

X 

Unit/Process 

Operating 

Characteristics 

 Xc X

c

Calculation, Test, 

and Calibration 

Methods 

 X 

Data Elements 

Reported for 

Periods of Missing 

Data that are Not 

Related to 

Production/ 

Throughput or 

Materials Received 

 X 

Emission Factors X 

Amount and 

Composition of 

materials received 

 X 

Data Elements 

Reported for 

Periods of Missing 

Data That are 

Related to 

Production/ 

Throughput or 

Materials Received 

 X 

Supplier Customer 

and Vendor 

Information 

X 

Process-Specific X 
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Data Category 

Confidentiality Determinations for Data 

Elements in Each Category 

Emission 

Dataa

Data That Are 

Not Emission 

Data and Not 

CBI 

Data That Are 

Not Emission 

Data But Are 

CBIb

and Vendor Data 

Submitted in BAMM 

Extension Requests 

a Under CAA section 114, “emission data” are not entitled to 

confidential treatment. The term “emission data” is defined at 40 CFR 

2.301(a)(2)(i). 

b Section 114(c) of the CAA affords confidential treatment to data 

(except emission data) that are considered CBI. 

c In the Final CBI Rule, this data category contains both data elements 

determined to be CBI and those determined not to be CBI. 

B. Direct Emitter Data Categories

For direct emitter subparts I, L, W, DD, RR4, and SS, 

EPA proposes to assign each data element to one of 10 

direct emitter data categories. Please see in the 

Memorandum entitled “Docket EPA-HQ-OAR-2011-0028 Memo A” 

for a list of the data elements in these subparts and their 

proposed category assignment. In the Final CBI Rule, EPA 

made categorical confidentiality determinations for eight 

direct emitter data categories. EPA proposes to apply 

those final determinations to the data elements assigned to 

those categories in this rulemaking. For the data elements 

in the two direct emitter data categories that do not have 

categorical confidentiality determinations, we are 

 

4 Subpart RR is neither a direct emitter nor a supplier source category. 

For the purposes of this action, EPA placed each subpart RR data 

element into one of the two categories based on its type and 

characteristics. 
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proposing on an individual data element basis whether or 

not they qualify as CBI.5 

The following two direct emitter data categories do 

not have category-based CBI determinations: “Unit/Process 

‘Static’ Characteristics That are Not Inputs to Emission 

Equations” and “Unit/Process Operating Characteristics That 

are Not Inputs to Emission Equations.” For these two 

categories, EPA evaluated the individual data elements 

assigned to these categories to determine whether 

individual data elements qualify as CBI. In the sections 

below, EPA explains the data elements in these two 

categories by subpart and states the reasons for proposing 

to determine that each does or does not qualify as CBI 

under CAA section 114(c). EPA is specifically soliciting 

comments on the CBI proposals for data elements in these 

two data categories. In each subpart section below, the 

data elements that are part of the annual GHG report 

submission are identified in bulleted lists. Any data 

elements that are part of subpart-specific Best Available 

Monitoring Methods (BAMM) use extension requests are 

discussed but not individually listed because they are 

 

5 As mentioned above, EPA determined that data elements in these two 

categories are not “emission data” under CAA section 114(c) and 40 CFR 

2.301(a)(2)(i) for purposes of determining the GHG emissions to be 

reported under Part 98. That determination would apply to data 

elements in these eight subparts assigned to those categories through 

this rulemaking. 
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repetitive (for example, there are several data elements 

that slightly differ by only a date or equipment type), 

lengthy, and numerous. These data elements are listed 

individually by data category and proposed confidentiality 

determination in the Memorandum entitled “Docket EPA-HQOAR-2011-0028 Memo A.” In the subpart RR section below, 

EPA also identifies in a bulleted list four data elements 

for which we considered multiple approaches to making a CBI 

determination and one data element for which we considered 

multiple approaches to making a data category assignment. 

We specifically request comment on the proposed approaches 

for these five subpart RR data elements. 

1. Subpart I – Electronics Manufacturing.

The electronics manufacturing industry uses multiple 

long-lived fluorinated greenhouse gases (fluorinated GHGs), 

as well as nitrous oxide (N2O) during manufacturing of 

electronic devices, including, but not limited to, liquid 

crystal displays, microelectro-mechanical systems, 

photovoltaic cells, and semiconductors. Fluorinated GHGs 

are used mainly for plasma etching of silicon materials, 

cleaning deposition tool chambers, and wafer cleaning, but 

may be used in other types of electronics manufacturing 

processes. Besides dielectric film etching and chamber 

cleaning, much smaller quantities of fluorinated GHGs are 
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used to etch polysilicon films and refractory metal films 

like tungsten. Additionally, some electronics 

manufacturing equipment may employ fluorinated GHG liquids 

as heat transfer fluids. Nitrous oxide may be the oxidizer 

of choice during deposition of silicon oxide films in 

manufacturing electronic devices. 

These electronic manufacturing steps are performed in 

carefully controlled process chambers containing the 

silicon wafers and the fluorinated GHGs or N2O. Producing a 

finished wafer with multiple electronic devices (e.g., 

computer chips) may require depositing and etching fifty or 

more individual layers of material. The conditions under 

which the individual steps are performed, the ability of a 

facility to produce certain electronic features, and the 

ability of a facility to produce a certain number of 

devices with a minimum number of defects at a certain cost 

per unit, among other variables, will determine the 

competitive standing of a particular facility in this 

industry. 

The Unit/Process “Static” Characteristics That are Not 

Inputs to Emission Equations data category. 

EPA is proposing to assign 13 subpart I data elements 

to the “Unit/Process 'Static' Characteristics That are Not 

Inputs to Emission Equations” data category because they 
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are basic characteristics of abatement devices and tools 

that do not vary with time or with the operations of the 

process (and are not inputs to emission equations). These 

13 data elements are: 

• For all F-GHG or N2O used at your facility for which 

you have not calculated emissions using Equations I-6 

through I-10: Report a brief description of GHG use. 

(Proposed as CBI)

• Inventory of all abatement systems through which 

fluorinated GHGs or N2O flow at your facility. 

(Proposed as CBI)

• Description of all abatement systems through which 

fluorinated GHGs or N2O flow at your facility. 

• Number of abatement devices of each manufacturer 

through which fluorinated GHGs or N2O flow at your 

facility. (Proposed as CBI)

• Model numbers of abatement devices through which 

fluorinated GHGs or N2O flow at your facility. 

• Destruction or removal efficiencies, if any, claimed 

by manufacturers of abatement devices through which 

fluorinated GHGs or N2O flow at your facility. 

• Description of the tools associated with each 

abatement systems. (Proposed as CBI)

• Model numbers of the tools associated with each 

abatement systems. (Proposed as CBI)

• The tool recipe(s), process sub-type, or type 

associated with each abatement system. (Proposed as 

CBI)

• Certification that the abatement systems for which 

controlled emissions are being reported are 

specifically designed for fluorinated GHG and N2O 

abatement, including abatement system supplier 

documentation. 

• A description of the abatement system class for which 

you are reporting controlled emissions. 
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• The manufacturer of the abatement system in the class 

for which you are reporting controlled emissions. 

• The model number of the abatement system in the class 

for which you are reporting controlled emissions. 

As discussed in more detail below, EPA is proposing 

that six data elements in the “Unit/Process 'Static' 

Characteristics That are Not Inputs to Emission Equations” 

data category are CBI. (All of these are part of the 

annual GHG report and are indicated in the parentheses in 

the bulleted lists above.) EPA is proposing to determine 

that the other data elements in this data category are not 

CBI. 

EPA proposes to determine that the report of a brief 

description of GHG use (40 CFR 98.96(g)) qualifies as CBI 

because disclosure of this information would likely cause 

substantial competitive harm to reporters. Subpart I lists 

five manufacturing processes in 40 CFR 98.96(a) that are 

common to the electronics manufacturing industry. If a 

reporter employs an uncommon process during manufacturing, 

then the reporter must instead report a description of the 

uncommon process (see 40 CFR 98.96(g)). As such, this data 

element may cover novel, proprietary production methods 

that may have been developed by the reporter, generally at 

great expense and time investment. Reporters develop and 

use such methods because they improve manufacturing 
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efficiencies, reduce manufacturing costs, or improve 

product performance, quality, or production rate, thereby 

conferring a competitive advantage. Should competitors 

gain knowledge of such a proprietary method and replicate 

it, they could undercut the reporter’s competitive 

advantage, generally at less expense than the reporter’s 

original development of this method. Therefore, EPA finds 

that releasing the report of a brief description of GHG use 

would likely result in substantial competitive harm, and 

EPA proposes to determine that this information will be 

protected as confidential business information. 

EPA also proposes to determine that the description, 

model numbers, and recipe(s), process sub-type, or process 

type of the tools associated with each abatement system (40 

CFR 98.98(p)) qualify for protection from disclosure as CBI 

because the release of this information would likely cause 

substantial competitive harm to reporters. At a subpart I 

facility, disclosure of the type of manufacturing tools 

used for specific process steps would provide insight into 

how the reporter configures its facility and achieves its 

specific manufacturing facility’s performance. If 

information on a reporter’s tool types and manufacturing 

steps is revealed, a competitor could use this information 

to replicate the reporter’s manufacturing configuration, 
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thereby undercutting the competitive advantage that the 

reporter has built by achieving a higher level of 

manufacturing performance. Therefore, EPA finds that 

releasing the description, model numbers, and recipe(s), 

process sub-type, or process type of the tools associated 

with each abatement system would likely result in 

substantial competitive harm, and EPA proposes to determine 

that this information be protected as confidential. 

EPA also proposes to determine that the inventory of 

abatement systems and the number of abatement systems by 

manufacturer (40 CFR 98.96(p)) qualify as CBI because the 

release of this information coupled with emission data 

would likely cause substantial competitive harm to 

reporters. The number of abatement systems at the facility 

(e.g., 20) coupled with the fraction of gas used by tools 

with abatement systems (e.g., 10 percent) can be used to 

reverse-engineer the number of tools at the facility (e.g., 

20/0.1 = 200). Information on the type and number of tools 

at the facility coupled with production capacity could then 

enable competitors to reverse-engineer the reporter’s 

approximate manufacturing cost (e.g., $/wafer produced) 

using the competitor’s own tool operating costs. 

Disclosure of this type of cost information has the 

potential to undermine competition within the industry 
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because it could allow competitors to ascertain the relative 

strength of their market position and to identify sources 

of competitive advantage (or disadvantage) in the industry. 

This could encourage weaker competitors to leave the 

industry prematurely or lead stronger competitors to adopt 

anticompetitive practices (such as predatory pricing) in an 

effort to force out weaker competitors. 

The fraction of gas used by tools with abatement 

systems, required to be reported under 40 CFR 98.96(n), was 

assigned to the “Inputs to Emission Equations” data 

category as emission data in the proposed deferral. 

Consistent with existing Part 98 regulations and EPA’s 

regulatory actions to date, inputs to emission equations 

must be reported in future years and, as emission data, 

cannot be held confidential by EPA at that time. EPA finds 

that releasing information on the number of abatement 

systems would likely result in substantial competitive harm 

when that information is used in combination with emission 

data that EPA must release once reported. As a result, EPA 

proposes to determine that information relating to the 

inventory of all abatement systems and the number of 

abatement systems by manufacturer will be treated as 

confidential. 
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EPA proposes to determine that the remaining seven 

data elements in this data category are not CBI. Data 

about the abatement systems other than the count, such as 

model number, type of gas abated, and manufacturer claims 

about destruction efficiency, are not distinct information 

necessary to deduce competitive practices and do not 

provide insight to competitors about the type and number of 

process tools used at the facility. Additionally, 

releasing a certification about the design of the abatement 

system would not likely cause substantial competitive harm 

because certification statements do not provide any insight 

into the design or operation efficiencies of the plant nor 

other information, e.g., market share, ability to increase 

production to meet new increases in demand, or price 

structures the release of which would be likely to result 

in substantial competitive harm. Moreover, certification 

statements will consist of only the language that EPA 

publicly provides in the data reporting tool and will not 

include any facility- or process-specific information that 

could be considered proprietary. 

The “Unit/process Operating Characteristics That Are 

Not Inputs to Emission Equations” data category.

EPA is proposing to assign 23 subpart I data elements 

to the “Unit/process Operating Characteristics That Are Not 
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Inputs to Emission Equations” data category because they 

are characteristics of the abatement systems and other 

equipment, the facility conditions, and the products 

manufactured that vary over time with changes in operations 

and processes (and are not inputs to emission equations). 

Thirteen of these data elements are part of extension 

requests for the use of BAMM and generally relate to the 

reasons for a request and expected dates of compliance. 

Ten are part of the annual GHG report and are listed here: 

• Annual manufacturing capacity of a facility as 

determined in Equation I-5. 

• For facilities that manufacture semiconductors, the 

diameter of wafers manufactured at a facility. 

• Film or substrate that was etched/cleaned and the 

feature type that was etched. (Proposed as CBI)

• Certification that the recipes included in a set of 

similar recipes are similar. 

• When you use factors for fluorinated GHG process 

utilization and by-product formation rates other than 

the defaults provided in Tables I-3, I-4, I-5, I-6, 

and I-7 and/or N2O utilization factors other than the 

defaults provided in Table I-8, certification that the 

measurements for all reported recipe-specific 

utilization and by-product formation rates and/or 

facility-specific N2O utilization factors were made in 

accordance with the International SEMATECH #06124825A–

ENG (incorporated by reference, see 40 CFR 98.7), or 

the International SEMATECH #01104197A– XFR 

(incorporated by reference, see 40 CFR 98.7) if 

measurements were made prior to January 1, 2007. 

• Destruction and removal efficiency measurement records 

for abatement system through which fluorinated GHGs or 

N2O flow at your facility over its in-use life. 
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• Certification that the abatement system is installed, 

maintained, and operated according to manufacturer 

specifications. 

• The fluorinated GHG and N2O in the effluent stream to 

the abatement system in the class for which you are 

reporting controlled emissions. 

• The total number of abatement systems in that 

abatement system class for the reporting year. 

(Proposed as CBI)

• The total number of abatement systems for which 

destruction or removal efficiency was measured in that 

abatement system class for the reporting year. 

(Proposed as CBI)

As discussed in more detail below, EPA is proposing 

that seven data elements in the “Unit/process Operating 

Characteristics That Are Not Inputs to Emission Equations” 

data category are CBI. (Three of these are part of the 

annual GHG report and are indicated in the parentheses in 

the bulleted lists above and four are part of BAMM use 

extension requests.) EPA is proposing to determine that 

the other data elements in this data category are not CBI. 

EPA proposes to determine that three of the 10 annual 

GHG report data elements in this category are CBI. 

Specifically, EPA proposes to determine that the “film or 

substrate that was etched/cleaned and the feature type that 

was etched” data element (40 CFR 98.96(f)(2)) is CBI 

because the release of this information would likely cause 

substantial harm to the competitive position of reporters. 

Plasma etching, wafer cleaning, and chamber cleaning are 
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three manufacturing processes used in the electronics 

manufacturing industry. The data element required by 40 

CFR 98.96(f)(2) is equivalent to a description of the 

specific processes (e.g., type of film or chamber cleaning 

processes, feature type etched) employed by the reporter in 

the manufacturing of products. Each subpart I facility 

carefully guards this information because it provides 

insight into the reporter’s process flow and process 

efficiencies that minimize product defects. If this 

information on the etching and cleaning processes were to 

be revealed, a competitor could undercut the competitive 

advantage that the reporter has gained by developing these 

efficiencies. Therefore, EPA finds that releasing the 

“film or substrate that was etched/cleaned and the feature 

type that was etched” data element would likely result in 

substantial competitive harm, and EPA proposes to determine 

that this information will be treated as confidential 

business information. 

EPA also proposes to determine that the total number 

of abatement systems in an abatement system class ((40 CFR 

98.96(q)(5)(i)) is CBI because the release of this 

information coupled with emission data would likely cause 

substantial competitive harm to reporters. EPA finds that 

information relating to the number of abatement systems at 
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the facility (e.g., 20) coupled with the fraction of gas 

used by tools with abatement systems (e.g., 10 percent) can 

be used to reverse-engineer the number of tools at the 

facility (e.g., 20/0.1 = 200). Information on the type and 

number of tools at the facility coupled with production 

capacity could then enable competitors to reverse-engineer 

the reporter’s approximate manufacturing cost ($/wafer 

produced) using the competitor’s own tool operating costs. 

Disclosure of this type of cost information has the 

potential to undermine competition within the industry 

because it could allow competitors to ascertain the relative 

strength of their market position and to identify sources 

of competitive advantage (or disadvantage) among 

competitors. This could encourage weaker competitors to 

leave the industry prematurely or lead stronger competitors 

to adopt anticompetitive practices (such as predatory 

pricing) in an effort to force out weaker competitors. 

The data element related to the fraction of gas used 

by tools with abatement systems (e.g., 10 percent) is 

required to be reported under the GHG Reporting Program at 

40 CFR 98.96(n), and it was assigned to the “Inputs to 

Emission Equations” data category as emission data in the 

proposed deferral. Consistent with existing Part 98 

regulations and EPA’s regulatory actions to date, inputs to 
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emission equations must be reported in future years and, as 

emission data, cannot be held confidential by EPA at that 

time. Therefore, EPA finds that releasing information on 

the number of abatement systems would likely result in 

substantial competitive harm because that information may 

be used in combination with emission data that EPA must 

release once reported. As a result, EPA is proposing to 

determine that information relating to the inventory of all 

abatement systems and the number of abatement systems by 

manufacturer will be treated as confidential business 

information. 

The “total number of abatement systems for which 

destruction or removed efficiency was measured in that 

abatement system class for the reporting year” data element 

refers to the statistical sample size of abatement systems 

that the reporter analyzed in order to determine with 

sufficient statistical confidence the efficiency of all 

like abatement systems in that class. Subpart I specifies 

that 20 percent of the total number of abatement systems 

must be analyzed every year. Therefore, a competitor could 

use statistical sample size data to determine the total 

number of abatement systems at the facility. Since EPA 

proposes that the total number of abatement systems is CBI, 

as described above, EPA finds that the statistical sample 
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size of abatement systems would likely cause substantial 

competitive harm if revealed and is, therefore, proposed to 

be treated as CBI. 

EPA proposes to determine that the other seven data 

elements in the “Unit/process Operating Characteristics 

That Are Not Inputs to Emission Equations” data category 

that are part of the annual GHG report are not CBI. EPA 

finds that disclosure of the wafer size and the annual 

manufacturing capacity of a facility by EPA would not 

likely cause substantial competitive harm to reporters. 

This information is already publicly available through the 

World Fab Forecast6, a subscription-based report containing 

in-depth analysis down to the detail of each fab, or 

facility, in the semiconductor industry. The Forecast is 

published and updated quarterly by SEMI, the global 

industry association serving the manufacturing supply 

chains for the microelectronic, display and photovoltaic 

industries. EPA notes, however, that the Final CBI Rule 

that applies to the data elements in other subparts did not 

finalize a CBI determination for data elements on 

production capacity assigned to the “Unit/process Static 

Characteristics That Are Not Inputs to Emission Equations” 

data category. For that final rule, EPA reviewed the 

 

6 http://www.semi.org/en/Store/MarketInformation/fabdatabase/ctr_027238 
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available capacity information and determined that while 

those capacity data elements are generally publicly 

available, there may be facilities for which this data is 

not public. EPA is now proposing that the “annual 

manufacturing capacity of a subpart L facility” data 

element not be treated as confidential for the reasons 

provided above, but EPA seeks comment on whether similar 

conditions apply in this case. 

The data element related to the measurement records of 

destruction and removal efficiency consists of records of 

measurements that the reporter has taken of the abatement 

system efficiency over its in-use life in order to assess 

the validity of the efficiency claims made by the abatement 

device manufacturer at the time of sale. This is limited 

to information about the performance of the abatement 

systems and does not include information about the 

operating conditions around the abatement system or the 

manufacturing tool to which it is attached. Destruction 

efficiency information would not likely cause substantial 

competitive harm if released because it does not provide 

any insight into novel, proprietary production methods that 

may have been developed by the reporter, generally at great 

expense and time investment. Therefore, EPA proposes that 

this destruction efficiency information does not qualify 
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for protection as CBI. It will be considered to be nonCBI. 

The “fluorinated GHG and N2O in the effluent stream to 

the abatement system in the class for which you are 

reporting controlled emissions” data element describes the 

type of gas(es) exiting the manufacturing tool and entering 

the abatement device. This data element does not include 

information on the quantity of gas(es) produced or on the 

manufacturing tool that produces the gas(es). The type of 

fluorinated gas in the effluent stream would not likely 

cause substantial competitive harm if released because it 

does not provide any insight into the costs of producing 

semiconductors at the facility or any novel production 

methods that may have been developed by the reporter to 

improve manufacturing efficiencies, reduce manufacturing 

costs, or improve product performance. Therefore, EPA 

proposes that this effluent stream data element does not 

qualify for protection as CBI. Therefore, EPA proposes to 

determine that this data element is non-CBI. 

Finally, EPA finds that releasing the three 

certification data elements would not likely cause 

competitive harm because certification statements and 

documents are general in nature, do not provide any insight 

into the design or operation efficiencies of the plant, and 
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do not reveal other information (e.g., market share, 

ability to increase production to meet new increases in 

demand, price structures) that would likely result in 

substantial competitive harm. Moreover, EPA certification 

statements consist only of the language that EPA publicly 

provides in the data reporting tool and do not include any 

facility- or process-specific information that could be 

considered proprietary. Therefore, EPA proposes to 

determine that these three data elements do not qualify for 

protection as CBI, and finds them to be non-CBI. 

EPA proposes to determine that four of the 13 data 

elements included in BAMM use extension requests qualify as 

CBI because their disclosure would likely cause substantial 

harm to the reporter’s competitive positions. (Each data 

element and its proposed category assignment are listed by 

data category in the Memorandum entitled “Docket EPA-HQOAR-2011-0028 Memo A.”) Three of these data elements 

reveal the reason for requesting a BAMM extension and the 

overall reason why equipment was not (or could not be) 

installed. EPA has reviewed a number of BAMM use extension 

requests and determined that these three data elements 

contain detailed information, such as process diagrams and 

operational information, which could provide insight into 

configuration efficiencies that the reporter has developed, 
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generally at great expense and time investment, to minimize 

manufacturing cost and to maximize the manufacturing rate. 

If a competitor could review such information on the 

reporter’s configuration, the competitor would be able to 

adopt the reporter’s efficiency practices with less 

development time or expense and would gain competitive 

advantage at the expense of the reporter’s competitive 

advantage. Therefore, EPA finds that releasing the reasons 

for requesting a BAMM use extension would likely result in 

substantial competitive harm, and EPA proposes to determine 

that this information will be treated as CBI. 

We also propose to find that a fourth data element (40 

CFR 98.94(a)(4)(ii)(D)) qualifies as CBI. This data 

element divulges when an owner or operator will be able to 

attain data, equipment, or measurements to comply with 

reporting requirements. This data element could reveal 

information about the installation date of equipment and 

the date of anticipated startup. This could provide 

sensitive information regarding future process shutdowns or 

capacity increases, and likely would cause substantial 

competitive harm if disclosed because competitors could use 

this information to anticipate and potentially benefit from 

future increases or decreases in product supply. For 

example, a competitor able to anticipate the shutdown or 
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the increase in capacity of a reporter’s facility and 

resulting decrease or increase in product supply could use 

this information to attract customers from a reporter by 

increasing its own production or by adjusting the price of 

its own products. 

EPA proposes to determine that the remaining nine data 

elements included in BAMM use extension requests do not 

qualify as CBI. These are narrow data elements that focus 

on specific reasons for the BAMM extension, such as proof 

of service or equipment backorder, technical 

infeasibilities, and conflicting safety regulations or 

laws. Additionally, two of these data elements are 

descriptions of how the facility will prepare to meet 

requirements at the end of the BAMM period. These data 

elements do not contain detailed information, such as 

process diagrams and operational information or any other 

information that would give insight for competitors to gain 

an advantage over the reporter. Rather, they are 

information on administrative activities and regulatory 

requirements to which the facility is subject that are not 

protected as proprietary by the reporting facilities. 

Therefore, EPA finds that these are not data elements 

the disclosure of which would likely cause substantial 

competitive harm and do not qualify for protection as CBI. 
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EPA proposes to determine that these data elements will be 

considered non-CBI. 

EPA is soliciting comments on EPA’s proposed 

determinations described above. When submitting a comment 

disagreeing with a proposed determination, please identify 

the specific data element(s) and provide detailed 

supporting information on why EPA’s proposed determination 

is not appropriate and why such data element(s) do or do 

not qualify as CBI. 

2. Subpart L - Fluorinated Gas Production.

The “Unit/Process ‘Static’ Characteristics That are 

Not Inputs to Emission Equations” data category. 

EPA is proposing to assign one subpart L data element 

to the “Unit/Process 'Static' Characteristics That are Not 

Inputs to Emission Equations” data category because it is a 

basic facility-specific characteristic that does not vary 

with time or with the operations of the process (and is not 

an input to an emission equation). The data element is: 

• Location and function of the stream(s) (including 

process streams, emissions streams, and destroyed 

streams) that were analyzed under the initial scoping 

speciation of fluorinated GHG at 40 CFR 98.124(a), by 

process. (proposed as CBI)

EPA proposes to determine that this data element would 

likely result in substantial competitive harm if released 
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and therefore will be protected as confidential business 

information. EPA finds that this data element could 

provide insight into the manufacturing process and the 

configuration of the facility, such as which process 

equipment is sending streams to which process equipment. 

This could reveal information about configuration 

efficiencies that the reporter has developed, generally at 

great expense and time investment, to minimize 

manufacturing cost and to maximize the manufacturing rate. 

If a competitor could review such information on 

configuration, the competitor would be able to adopt the 

reporter’s efficiency practices with less development time 

and expense and would gain competitive advantage at the 

expense of the reporter’s competitive advantage. 

Therefore, EPA finds that releasing the data element 

describing the location and function of the process streams 

would likely result in substantial competitive harm, and 

EPA proposes to determine that this data element is 

confidential. 

The “Unit/process Operating Characteristics That Are 

Not Inputs to Emission Equations” data category. 

EPA is proposing to assign 23 subpart L data elements 

to the “Unit/process Operating Characteristics That are Not 

Inputs to Emission Equations” data category because they 
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are characteristics of units, equipment, abatement devices, 

and other facility-specific characteristics that vary over 

time with changes in operations and processes (and are not 

inputs to emission equations). Twenty-two of these data 

elements are part of extension requests for the use of BAMM 

and relate to the reasons for a request and expected dates 

of compliance with reporting requirements. One is part of 

the annual GHG report and is listed here: 

• Name of all applicable Federal or State regulations 

that may apply to the destruction process. 

As discussed in more detail below, EPA is proposing 

that seven data elements in the “Unit/process Operating 

Characteristics That Are Not Inputs to Emission Equations” 

data category are CBI. (All seven are part of data 

elements included in BAMM use extension requests.) EPA is 

proposing to determine that the other data elements in the 

“Unit/process Operating Characteristics That Are Not Inputs 

to Emission Equations” data category are not CBI. 

EPA proposes to determine that the annual GHG report 

data element in this category is not CBI. The Federal and 

State regulations that may apply to a fluorinated GHG 

destruction process or device are already part of the 

public record as part of the facility’s Title V operating 

permit or minor source air emissions permit. Furthermore, 
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Federal regulations are published in the CFR (e.g., 

Miscellaneous Organic NESHAP is published at 40 CFR part 

63, subpart FFFF) and State regulations are similarly 

published (e.g., the Louisiana Administrative Code 33: 

III.501.C.6 is published in the Louisiana Register). 

Because this information is publicly available it does not 

qualify for protection as confidential business information 

and will be considered to be non-CBI. 

EPA proposes to determine that seven of the 22 data 

elements included in BAMM use extension requests qualify as 

CBI because their disclosure would likely cause substantial 

harm to the reporter’s competitive positions (each data 

element and its proposed category assignment are listed by 

data category in the Memorandum entitled “Docket EPA-HQOAR-2011-0028, Memo A.”) Three of these data elements 

reveal the reason for requesting a BAMM extension and the 

reason why equipment was not (or could not be) installed. 

EPA has reviewed a number of BAMM use extension requests 

and determined that these three data elements contain 

detailed information, such as process diagrams and 

operational information. Process diagrams and operational 

information could provide insight into configuration 

efficiencies that the reporter has developed, generally at 

great expense and time investment, to minimize 
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manufacturing cost and to maximize the manufacturing rate. 

If a competitor could review such information on the 

reporter’s configuration, the competitor would be able to 

adopt the reporter’s efficiency practices with less 

development time or expense and would gain competitive 

advantage at the expense of the reporter’s competitive 

advantage. Therefore, EPA finds that releasing the reasons 

for requesting a BAMM use extension would likely result in 

substantial competitive harm, and EPA proposes to determine 

that this information will be treated as confidential 

business information. 

We also propose to find that four other data elements 

that divulge when an owner or operator will be able to 

attain data, equipment, or measurements to comply with 

reporting requirements are eligible for confidential 

treatment. These data elements could reveal information 

about the installation date of equipment and the date of 

anticipated startup. This could provide sensitive 

information regarding future process shutdowns, and likely 

would cause substantial competitive harm if disclosed 

because competitors could use this information to 

anticipate and potentially benefit from future decreases in 

product supply. For example, a competitor able to 

anticipate the shutdown of a reporter’s facility and 
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resulting decrease in product supply, could use this 

information to attract customers away from a reporter by 

increasing its own production or could adjust the price of 

its own products. 

EPA proposes to determine that the remaining 15 data 

elements included in BAMM use extension requests do not 

qualify as CBI. These are narrow data elements that focus 

on specific reasons for the BAMM extension, such as proof 

of service or equipment backorder, technical 

infeasibilities, and conflicting safety regulations or 

laws. Additionally, three of these data elements are 

descriptions of how the facility will prepare to meet 

requirements by the end of the BAMM period. These data 

elements do not contain detailed information, such as 

process diagrams and operational information. Rather, they 

are information on administrative activities and regulatory 

requirements to which the facility is subject that are not 

protected as proprietary by the reporting facilities. 

Therefore, EPA proposes to determine that these are not 

data elements the disclosure of which would likely cause 

substantial competitive harm and will not be protected as 

CBI. They will be considered non-CBI. 

Finally, three of these data elements are illustrative 

documentation such as photographs and engineering diagrams 
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that demonstrate how access to process streams, emissions 

streams, or destroyed streams could not be gained without 

process shutdown. Based on the type of documentation that 

EPA has received, EPA finds that these illustrative 

diagrams and photographs sent by reporters generally do not 

provide insight into the reporter’s production processes or 

operational efficiencies because they only show information 

that is relevant to the access point in question and 

processes immediately upstream and downstream of that 

access point. Therefore, EPA proposes to determine that 

disclosure of these data elements is not likely to cause 

substantial competitive harm; therefore, they do not 

qualify for protection as CBI and will be considered to be 

non-CBI. 

EPA is soliciting comments on EPA’s proposed 

determinations described above. When submitting a comment 

disagreeing with a proposed determination, please identify 

the specific data element(s) and provide detailed 

supporting information on why EPA’s proposed determination 

is not appropriate and why such data element(s) do or do 

not qualify as CBI. 

3. Subpart W - Petroleum and Natural Gas Systems. 

Subpart W applies to facilities in eight segments of 

the petroleum and natural gas industry that emit GHGs 
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greater than or equal to 25,000 metric tons of CO2

equivalent per year. These eight segments are: 

• Offshore petroleum and natural gas production (from 

offshore platform facilities), 

• Onshore petroleum and natural gas production 

(including equipment on or associated with a well pad 

for drilling, extraction, separation, treating and 

other processes), 

• Onshore natural gas processing (separating and 

recovering natural gas liquids, non-methane gases, and 

other liquids), 

• Onshore natural gas transmission compression (use of 

compressors to move natural gas in transmission 

pipelines from production or processing to 

distribution or storage), 

• Underground natural gas storage (subsurface storage of 

natural gas), 

• Liquefied natural gas (LNG) storage (liquefying 

natural gas to LNG and above ground storage of LNG), 

• LNG import and export facilities (onshore and offshore 

equipment importing or exporting LNG via ocean 

transport, including liquefaction of natural gas to 

LNG, storage of LNG, and re-gasification of LNG to 

natural gas), and 

• Natural gas distribution (distribution pipelines and 

city gate stations operated by a local natural gas 

distribution company (LDC)). 

Subpart W provides methods for calculating GHG 

emissions from 21 source types, such as pneumatic device 

venting, equipment leaks, transmission storage tanks, and 

centrifugal compressor venting. The methods can be 

categorized broadly into three types; engineering 

estimation, use of emission factors, and direct 
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measurement. Engineering estimation means the use of 

engineering data, such as volume of the equipment, to 

estimate emissions. Emission factors are used where either 

leak detection is conducted to determine leaking component 

(a leaker factor is used) or when a population count of 

components is available (a population factor is used). 

Finally, direct measurement involves the use of meters and 

measurement equipment such as a high volume sampler or 

calibrated bags to physically measure the emissions rate. 

For a summary of the entire list of source types and a 

determination of which source type applies to which 

segment, please see 40 CFR 98.232 (75 FR 74490, November 

30, 2010). For a description of the emission calculation 

methods, please see 40 CFR 98.233 (75 FR 74490). 

The Unit/Process “Static” Characteristics That are Not 

Inputs to Emission Equations data category. 

EPA is proposing to assign 18 subpart W data elements 

to the “Unit/Process 'Static' Characteristics That are Not 

Inputs to Emission Equations” data category because they 

are basic characteristics of units, equipment, abatement 

devices, and other facility-specific characteristics that 

do not vary with time or with the operations of the process 

(and are not inputs to emission equations). These 18 data 

elements are: 
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• For each glycol dehydrator with throughput greater 

than or equal to 0.4 million standard cubic feet per 

day (MMscfd): what vent gas controls are used. 

• For each glycol dehydrator with throughput less than 

0.4 MMscfd: report whether any vent gas controls are 

used. 

• Count of desiccant dehydrators. 

• For wellhead gas-liquid separator with oil throughput 

greater than or equal to 10 barrels per day, using 

Calculation Methodology 1 and 2 of 40 CFR 98.233(j), 

report: number of wellhead separators sending oil to 

atmospheric tanks. 

• For wellhead gas-liquid separator with oil throughput 

greater than or equal to 10 barrels per day, using 

Calculation Methodology 1 and 2 of 40 CFR 98.233(j), 

report: count of hydrocarbon tanks at well pads. 

• For wellhead gas-liquid separator with oil throughput 

greater than or equal to 10 barrels per day, using 

Calculation Methodology 1 and 2 of 40 CFR 98.233(j), 

report: best estimate of count of stock tanks not at 

well pads receiving your oil. 

• For wellhead gas-liquid separator with oil throughput 

greater than or equal to 10 barrels per day, using 

Calculation Methodology 1 and 2 of 40 CFR 98.233(j), 

report: count of tanks with emissions control 

measures, either vapor recovery system or flaring, for 

tanks at well pads. 

• For wellhead gas-liquid separator with oil throughput 

greater than or equal to 10 barrels per day, using 

Calculation Methodology 1 and 2 of 40 CFR 98.233(j), 

report: best estimate of count of stock tanks assumed 

to have emissions control measures not at well pads, 

receiving your oil. 

• For wells with oil production greater than or equal to 

10 barrels per day, using Calculation Methodology 3 

and 4 of 40 CFR 98.233(j), total number of wells 

sending oil directly to tanks. 

• For wells with oil production greater than or equal to 

10 barrels per day, using Calculation Methodology 3 

and 4 of 40 CFR 98.233(j), total number of wells 

sending oil to separators off the well pads. 
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• For wells with oil production greater than or equal to 

10 barrels per day, using Calculation Methodology 3 

and 4 of 40 CFR 98.233(j), count of hydrocarbon tanks 

on wellpads. 

• For wells with oil production greater than or equal to 

10 barrels per day, using Calculation Methodology 3 

and 4 of 40 CFR 98.233(j), count of hydrocarbon tanks, 

both on and off well pads assumed to have emissions 

control measures: either vapor recovery system or 

flaring of tank vapors. 

• For wellhead gas-liquid separators and wells with 

throughput less than 10 barrels per day, using 

Calculation Methodology 5 of 40 CFR 98.233(j) Equation 

W–15 of 40 CFR 98.233), number of wells without 

wellhead separators. 

• Number of wet seals connected to the degassing vent. 

• For each enhanced oil recovery (EOR) injection pump 

blowdown, pump capacity in barrels per day. 

• For onshore petroleum and natural gas production and 

natural gas distribution combustion emissions, 

cumulative number of external fuel combustion units 

with a rated heat capacity equal to or less than 5 

million Btu per hour (mmBtu/hr), by type of unit. 

• For onshore petroleum and natural gas production and 

natural gas distribution combustion emissions, 

cumulative number of external fuel combustion units 

with a rated heat capacity larger than 5 mmBtu/hr, by 

type of unit. 

• For onshore petroleum and natural gas production and 

natural gas distribution combustion emissions, 

cumulative number of all internal combustion units, by 

type of unit. 

EPA proposes to determine that all 18 data elements 

that are part of the annual GHG report are not CBI. These 

data elements include data about the count of various types 

of equipment, the capacity of this equipment, and the 

nature and count of abatement devices. 
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Data on production and throughput7 are made publicly 

available by the facility operator on an annual basis 

through many published sources, including the Oil and Gas 

Journal Annual Survey, the Federal Energy Regulatory 

Commission, the U.S. Energy Information Administration, and 

through proprietary databases available for purchase. In 

addition, state oil and gas conservation agencies in all 

states where enhanced oil and gas recovery occurs collect 

information on the quantities of oil and gas produced by 

well to calculate royalties. This information is reported 

to EPA or states at least annually and made available to 

the public either through state websites or upon request 

from the public. 

Furthermore, the equipment used to produce, treat, 

store, and distribute petroleum and natural gas is listed 

in permits and compliance documents (e.g., pre-construction 

permits, operating permits, and underground storage tank 

registration) and/or physically visible on site even 

outside the fenceline at these operating sites. Oil and 

gas companies routinely present information at industry 

conferences to public audiences on the type of equipment 

 

7 In the petroleum and natural gas industry, throughput is the most 

significant piece of data that would provide insight into a reporter’s 

productivity, capabilities, and market share, and annual production is 

the key indicator of a reporter’s throughput. All data elements in 

this category are information that a competitor could use to determine 

a reporter’s production and, by association, throughput. 
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they use (e.g., equipment for drilling, gas processing, 

liquefaction, etc.), and equipment vendors routinely 

present information on the capabilities and performance of 

their equipment (emissions reductions from vapor recovery 

units, plunger lifts, dry seal replacement in centrifugal 

compressors, reduced emission completion equipment). The 

U.S. EPA Natural Gas STAR Program has a repository of such 

details on its website (http://www.epa.gov/gasstar) for 

public reference. In addition, normal equipment vendors 

typically have information relating to their products 

available on their website. Therefore, EPA finds that, 

since information for these data elements is publicly 

available, it will not be protected as confidential 

business information and will be considered to be non-CBI. 

Finally some of these data elements can be estimated 

by using data that are publicly available. The data 

element about pump capacity, which will be reported by EOR 

operations in the onshore production segment only, can be 

back-calculated from the quantity of CO2 injected because 

the pump capacity is proportional to the volume of CO2 that 

the pump is pumping (i.e., the volume of CO2e reported). 

Therefore, if the volume of CO2 that was pumped is known 

then the pump's capacity can be calculated as somewhere 

between 150 to 200 percent greater to handle fluctuations 
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in CO2 loads. The quantity of CO2 injected can be 

determined from Underground Injection Control (UIC) 

permits, which are issued for each injection well by EPA or 

by states that have assumed primary enforcement authority 

for permitting injection wells. Information related to the 

permits is reported to EPA or states at least annually and 

made available to the public either through state websites 

or upon request from the public. EPA notes, however, that 

the Final CBI Rule did not finalize a CBI determination for 

data elements on production capacity assigned to the 

“Unit/process Static Characteristics That Are Not Inputs to 

Emission Equations” data category. For that Final Rule, 

EPA reviewed the available capacity information and 

determined that while those capacity data elements are 

generally publicly available, there may be facilities for 

which this data is not public. EPA is now proposing that 

the subpart W pump capacity data element not be treated as 

confidential for the reasons provided above, but EPA seeks 

comment on whether similar conditions apply in this case. 

The two data elements about glycol dehydrators and the 

one data element about desiccant dehydrators are already 

made publicly available for three of the four industry 

segments that will report these data. For the natural gas 

processing segment, these data are published annually in 
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the Oil & Gas Journal Worldwide Gas Processing Survey. For 

the transmission compression segment, these data are 

published annually in the FERC Form 2 Major and Non-major 

Natural Gas Pipeline Report. For the LNG storage segment, 

these data were published in a one-time study in 2007 

published by the Gas Technology Institute.8 Finally, three 

data elements about the count of tanks, stock tanks, and 

hydrocarbon tanks with emissions control measures are 

included in Title V permits as part of EPA’s National 

Emission Standards for Hazardous Air Pollutants (NESHAP) 

Subpart HH for Oil and Natural Gas Production requirements, 

and Title V permits are publicly available. 

Since these data elements have been made publicly 

available, the information is found to be not confidential 

and will not be protected as CBI. 

The “Unit/process Operating Characteristics That Are 

Not Inputs to Emission Equations” data category.

EPA is proposing to assign 29 subpart W data elements 

to the “Unit/process Operating Characteristics That are Not 

Inputs to Emission Equations” data category because they 

are characteristics of equipment, such as wells and plunger 

lifts, abatement devices, and other facility-specific 

characteristics that vary over time with changes in 

 

8 2007, The World Energy Source Book – Fourth Edition, An Encyclopedia 

of the World LNG Industry, GTI 07/0002. 
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operations and processes (and are not inputs to emission 

equations). Seventeen are part of extension requests for 

the use of BAMM, and generally relate to the reasons for a 

request and expected dates of compliance with reporting 

requirements. Twelve are part of the annual GHG report and 

are listed here: 

• Count of wells vented to the atmosphere for liquids 

unloading. 

• Count of plunger lifts. 

• Total count of completions in calendar year. 

• Total count of workovers in calendar year. 

• Reported number of completions and workovers employing 

reduced emissions completions and engineering estimate 

based on best available data of the amount of gas 

recovered to sales. 

• For gas well completions and workovers without 

hydraulic fracturing: total number of days of gas 

venting to the atmosphere during backflow for 

completion. 

• For wellhead gas-liquid separator with oil throughput 

greater than or equal to 10 barrels per day, using 

Calculation Methodology 1 and 2 of 40 CFR 98.233(j), 

range of concentrations of flash gas. 

• For wellhead gas-liquid separator with oil throughput 

greater than or equal to 10 barrels per day, using 

Calculation Methodology 1 and 2 of 40 CFR 98.233(j), 

range of concentrations of methane. 

• For wellhead gas-liquid separator with oil throughput 

greater than or equal to 10 barrels per day, using 

Calculation Methodology 1 and 2 of 40 CFR 98.233(j), 

range of concentrations of flash gas CO2. 

• If wellhead separator dump valve is functioning 

improperly during the calendar year, count of wellhead 

separators that dump valve factor is applied. 

• Number of wells tested per basin in calendar year. 
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• Number of wells venting or flaring associated natural 

gas in a calendar year. 

As discussed in more detail below, EPA is proposing to 

determine that all data elements in this data category are 

non-CBI. 

EPA proposes to determine that all 12 data elements 

that are part of the annual GHG report are not CBI. These 

include data about the count of various types of equipment 

and the capacity of this equipment. 

Data on production and throughput9 are made publicly 

available by the facility operator on an annual basis 

through many published sources, including the Oil and Gas 

Journal Annual Survey, the Federal Energy Regulatory 

Commission, the U.S. Energy Information Administration, and 

through proprietary databases available for purchase. In 

addition, the count of and quantity of oil produced from 

individual wells is collected by state permitting agencies 

and made publicly available through the individual websites 

of five of the eight states with currently active CO2 EOR 

projects, and data at the field level are available on 

websites for two of the remaining three states. 

 

9 In the petroleum and natural gas industry, throughput is the most 

significant piece of data that would provide insight into a reporter’s 

productivity, capabilities, and market share, and annual production is 

the key indicator of a reporter’s throughput. All 12 data elements in 

this category are information that a competitor could use to determine 

a reporter’s production and, by association, throughput. 
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Furthermore, the equipment used to produce, treat, 

store, and distribute petroleum and natural gas is listed 

in permits and compliance documents (e.g., pre-construction 

permits, operating permits, and underground storage tank 

registration) and/or physically visible on site even 

outside the fenceline at these operating sites. Oil and 

gas companies routinely present information at industry 

conferences to public audiences on the type of equipment 

they use, (e.g., equipment for drilling, gas processing, 

liquefaction, etc.) and equipment vendors routinely present 

information on the capabilities and performance of their 

equipment (emissions reductions from vapor recovery units, 

plunger lifts, dry seal replacement in centrifugal 

compressors, reduced emission completion equipment). The 

U.S. EPA Natural Gas STAR Program has a repository of such 

details on its website (http://www.epa.gov/gasstar) for 

public reference. In addition, normal equipment vendors 

typically have information relating to their products 

available on their website. An example of a data element 

that is already publicly available is data on the number of 

completions by operator at the individual well or field 

level. This information is published annually by the 

Energy Information Administration (EIA) in the Official 

Energy Statistics and by States, which provide operator 
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level completion data through State Oil and Gas 

Commissions. Since information for these data elements is 

publicly available, it will not be protected as 

confidential business information and will be considered to 

be non-CBI. 

EPA proposes to determine that all 17 data elements 

included in BAMM use extension requests do not qualify as 

CBI (each data element and its proposed category assignment 

is listed by data category in the Memorandum entitled 

“Docket EPA-HQ-OAR-2011-0028 Memo A.”) Seven of these data 

elements are descriptions of the data collection 

methodologies that cannot be followed or the monitoring 

instruments that cannot be installed. Four of these data 

elements are descriptions of the facility’s efforts to 

secure the necessary equipment and services and of how the 

facility will prepare to meet requirements at the end of 

the BAMM period. Five of these data elements are 

descriptions of the methods and dates by which the 

necessary equipment and services will be secured. These 

data elements do not contain detailed information, such as 

process diagrams and operational information, which could 

provide insight into facility-specific operating conditions 

or process design, or any other proprietary or sensitive 

information that would give insight for competitors to gain 
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an advantage over the reporter. Furthermore, subpart W has 

been designed so that petroleum and natural gas systems do 

not need to shut down in order to install monitoring 

equipment or implement monitoring methodologies, so 

disclosure of equipment installation dates will not reveal 

sensitive information about facility shutdowns that could 

be used by competitors to increase market share. EPA 

proposes to determine that disclosure of these data 

elements is not likely to cause substantial competitive 

harm. Therefore they are not eligible for protection as 

confidential business information and will be considered to 

be non-CBI. 

EPA is soliciting comments on EPA’s proposed 

determinations described above. When submitting a comment 

disagreeing with a proposed determination, please identify 

the specific data element(s) and provide detailed 

supporting information on why EPA’s proposed determination 

is not appropriate and why such data element(s) do or do 

not qualify as CBI. 

4. Subpart DD - Electrical Transmission and Distribution 

Equipment Use.

Subpart DD covers facilities that move electricity 

rather than produce or process a product. EPA is proposing 

to assign three subpart DD data elements to the 
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“Unit/Process 'Static' Characteristics That are Not Inputs 

to Emission Equations” data category because they are basic 

characteristics of equipment and facility-specific lines 

that do not vary with time or with the operations of the 

process (and are not inputs to emission equations). These 

three data elements are: 

• Nameplate capacity of equipment containing sulfur 

hexafluoride (SF6) or perfluorocarbon (PFC) existing as 

of the beginning of the year (excluding hermetically 

sealed-pressure switchgear). 

• Transmission miles (length of lines carrying voltage 

at or above 34.5 kilovolt). 

• Distribution miles (length of lines carrying voltages 

at or below 35 kilovolt). 

EPA is proposing that all data elements in this data 

category are non-CBI. Nameplate capacity is the engineered 

volume of SF6 or PFC contained in transmission and 

distribution equipment. Total nameplate capacity can vary 

significantly from facility to facility depending on the 

total number of pieces of equipment used, the age and 

manufacture of equipment, the location of the equipment 

(e.g., urban vs. rural), climatic conditions, number of 

transmission or distribution miles within the facility, 

etc. Information about nameplate capacity does not provide 

insight into the performance (ability to transmit or 

distribute electricity) or the operational efficiency for 
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this type of facility that would likely cause substantial 

competitive harm if disclosed. Therefore, the disclosure 

of the nameplate capacity data element is not likely to 

cause substantial competitive harm, and EPA is proposing it 

as non-CBI. 

Moreover, data on transmission and distribution miles 

is also publicly available in the Platts UDI Directory of 

Electric Power Producers and Distributers10, which can be 

purchased by any interested party. Disclosure of these 

data by EPA does not provide any additional insight into 

facility-specific operating conditions or process design or 

to any other proprietary or sensitive information that 

would give insight for competitors to gain an advantage 

over the reporter. Because this information is publicly 

available, EPA proposes to determine that these data 

elements are not confidential; they will be considered nonCBI 

EPA is soliciting comments on EPA’s proposed 

determinations described above. When submitting a comment 

disagreeing with a proposed determination, please identify 

the specific data element(s) and provide detailed 

supporting information on why EPA’s proposed determination 

 

10 http://www.platts.com/Products/electricpowerproducerdirectory 
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is not appropriate and why such data element(s) do or do 

not qualify as CBI. 

5. Subpart RR - Geologic Sequestration of Carbon Dioxide.

Subpart RR is neither an exclusively direct emitter 

nor a supplier source category, so for the purposes of this 

action EPA assigned each subpart RR data element to one of 

the two groups based on its type and characteristics. EPA 

assigned subpart RR data elements that pertain to surface 

leakage to one of the direct emitter data categories and 

the remaining subpart RR data elements to one of the 

supplier data categories. 

For the following five subpart RR data elements in the 

direct emitter “Test & Calibration Methods” data category, 

EPA considered multiple approaches to making a CBI 

determination: 

• “MRV plans (monitoring, reporting, and verification) 

and revised MRV plans,” which must contain, among 

other components, the delineation of the maximum 

monitoring area and the active monitoring areas; 

identification of potential surface leakage pathways 

for CO2 in the maximum monitoring area and the 

likelihood, magnitude, and timing, of surface leakage 

of CO2 through these pathways; a strategy for detecting 

and quantifying any surface leakage of CO2; a strategy 

for establishing the expected baselines for monitoring 

CO2 surface leakage; and a summary of the 

considerations intended to be used to calculate sitespecific variables for the mass balance equation. 

• Annual monitoring report: Narrative history of the 

monitoring efforts conducted over the previous 

calendar year (in annual monitoring reports). 
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• Annual monitoring report: Description of any changes 

to the monitoring program that were not material 

changes warranting submission of a revised MRV plan 

(in annual monitoring reports). 

• Annual monitoring report: Narrative history of any 

monitoring anomalies that were detected in the 

previous calendar year and how they were investigated 

and resolved (in annual monitoring reports). 

• A request for discontinuation of reporting must 

contain either 40 CFR 98.441(b)(2)(i) or (b)(2)(ii): 

(ii) For all other wells, and as an alternative for 

wells permitted as Class VI under the Underground 

Injection Control program, a demonstration that 

current monitoring and model(s) show that the injected 

CO2 stream is not expected to migrate in the future in 

a manner likely to result in surface leakage. 

EPA is proposing to assign these five data elements to 

the “Test & Calibration Methods” data category because they 

are information about methods that are or were used to 

demonstrate that the injected CO2 stream is not expected to 

migrate in the future in a manner likely to result in 

surface leakage. For these five data elements, EPA 

considered deviating from the determination that all data 

elements in the “Test & Calibration Methods” category are 

not entitled to CBI treatment. We evaluated whether the 

level of detail and information in these documents will 

vary so much from reporter to reporter based on sitespecific conditions that a confidentiality determination 

cannot be made until the material is submitted and closely 

evaluated by EPA on a case-by-case basis. For the “MRV 
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plans and revised MRV plans” data element, EPA further 

evaluated whether some specific elements, methods, or 

supportive material are entitled to CBI treatment or 

require case-by-case evaluation so that they should be 

broken out as their own data elements. Having considered 

these approaches, we nonetheless find that disclosure by 

EPA of the details in these five data elements would not 

provide insight to competitors about proprietary 

information. These data elements reveal information about 

monitoring techniques for which information is publicly 

available in the scientific community about their 

effectiveness, such as in conference papers and peer 

reviewed journal articles. The “MRV plans and revised MRV 

plans” data element does not contain the monitoring results 

that are obtained after implementation of the MRV plan, or 

project information the disclosure of which is likely to 

cause substantial competitive harm. For the 

discontinuation of reporting data element, the reporter 

will not submit this information to EPA until after the 

injection has ceased and the well or group of wells have 

been plugged or abandoned, and thus the public availability 

upon EPA’s release of this information is not likely to 

cause substantial harm to the reporter’s competitive 

position. Therefore, we are proposing that the five data 
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elements listed above merit the same confidentiality 

determination as the other data elements in the “Test & 

Calibration Methods” data category (not CBI). 

We seek comment on this determination and any 

rationale for or against this approach. EPA notes that 

until this action is finalized, EPA will make case-by-case 

confidentiality determinations for materials submitted to 

EPA under subpart RR, including “MRV plans and revised MRV 

plans.” 

For the following subpart RR data element in the 

“Calculation Methodology and Methodological Tier” data 

category, EPA considered multiple approaches to making a 

data category assignment: 

• Annual monitoring report: A description of any surface 

leakages of CO2, including a discussion of all 

methodologies and technologies involved in detecting 

and quantifying the surface leakages and any 

assumptions and uncertainties involved in calculating 

the amount of CO2 emitted. 

EPA considered assigning this data element to the 

“Calculation Methodology and Methodological Tier” data 

category, and EPA considered assigning it to the “Test & 

Calibration Methods” category, as was done with the other 

annual monitoring report data elements, and either 

following the category-wide non-CBI determination or making 

a CBI determination on a case-by-case basis once the 
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material is submitted and closely evaluated by EPA. Having 

considered these options, we ultimately determined that 

this data element provides the methodologies, technologies, 

and assumptions used by reporters to calculate the mass of 

CO2 emitted from surface leakage. Therefore, we are 

proposing to assign the data element to the “Calculation 

Methodology and Methodological Tier” data category, which 

is limited to data elements that EPA has determined to be 

“emission data” under CAA section 114(c) and 40 CFR 

2.301(a)(2)(i) for purposes of determining the GHG 

emissions to be reported under Part 98 and therefore not 

entitled to confidential treatment. We seek comment on 

this determination and any rationale for or against this 

approach. 

6. Subpart SS - Electrical Equipment Manufacture or 

Refurbishment.

EPA is not proposing to assign any subpart SS data 

elements to the “Unit/process Static Characteristics That 

are Not Inputs to Emission Equations” or the “Unit/process 

Operating Characteristics That are Not Inputs to Emission 

Equations” data category. 

The subpart SS data elements are listed individually 

by data category and proposed confidentiality determination 
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in the Memorandum entitled “Docket EPA-HQ-OAR-2011-0028 

Memo A.” 

C. GHG Supplier Data Categories

For supplier subparts QQ, RR, and UU11, EPA is 

assigning each data element to one of eleven supplier data 

categories. For the data elements in three data 

categories, we are proposing whether or not each data 

element is entitled to confidential treatment. 

As mentioned above in section III.B of this preamble, 

for the eight data categories with category-based final 

determinations, EPA will apply these determinations to all 

the data elements assigned to those categories from the 

eight subparts. We have not repeated the information on 

EPA’s decision process or listed each data element in these 

eight data categories in this preamble. EPA’s rationale 

for the final CBI determination can be found in the 

preamble to the Final CBI Rule (76 FR 30782). For a list 

of the proposed category assignments (excluding inputs to 

emission equations) for the data elements in these 

subparts, please see the Memorandum entitled “Docket EPAHQ-OAR-2011-0028 Memo A.” 

 

11 Subparts RR and UU are neither exclusively direct emitter nor 

supplier source categories. For the purposes of this action, EPA 

placed each subpart RR data element into one of the two categories 

based on its type and characteristics. EPA placed all subpart UU data 

elements into the supplier source category based on their type and 

characteristics. 
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With respect to the three supplier data categories 

that have been determined not to be emission data but do 

not have category based confidentiality determinations 

(“GHGs Reported,” “Production/Throughput Quantities and 

Composition,” and “Unit/Process Operating 

Characteristics”), EPA evaluated the individual data 

elements in the eight subparts assigned to these categories 

to determine whether they qualify as CBI. In the sections 

below, EPA lists the data elements in the three categories 

by subpart and states the reasons for proposing to 

determine that these data elements do or do not quality as 

CBI under CAA section 114(c). EPA is emphasizing that we 

request comment on these proposals. 

1. Subpart QQ - Importers and Exporters of Fluorinated 

Greenhouse Gases Contained in Pre-charged Equipment or 

Closed-cell Foams.

EPA is proposing to assign ten data elements to the 

“GHGs Reported” data category because they are the actual 

GHGs reported as imported or exported. Five of the data 

elements are for importers and five are for exporters. The 

importer and exporter data elements are identical except 

for whether they are specific to importers or exporters, so 

we have combined the analogous data elements in the five 

bullets in the list below to reduce repetition. Note that 
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all 10 data elements represented in this specific case are 

also in the “Production/Throughput Quantities and 

Composition” data category because the GHG reported is also 

the product being imported or exported.12 

• Total mass of each fluorinated greenhouse gas (F-GHG) 

imported/exported in pre-charged equipment or closedcell foams. 

• Identity of imported/exported F-GHG used as a 

refrigerant or electrical insulator. 

• Identity of the imported/exported F-GHG contained in 

the closed-cell foam in each appliance. 

• Identity of the imported/exported F-GHG in the foam. 

• If the importer/exporter does not know the identity 

and mass of the fluorinated GHGs within the closedcell foam: total mass in metric tons of CO2e of the 

fluorinated GHGs imported/exported in closed-cell 

foams. 

EPA is proposing to assign 30 data elements to the 

“Production/Throughput Quantities and Composition” data 

category because they refer to the composition and 

quantities of the products imported and exported. Ten of 

the data elements are in the “GHGs Reported” data category 

list above because the product imported or exported is also 

the GHG reported; they are not repeated in the list below. 

For the other 20 data elements in this data category, the 

10 importer data elements and 10 exporter data elements are 

 

12 Where a data element is included in more than one data category, we 

are proposing the same CBI determination for that data element in both 

categories. 
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identical except for whether they are specific to importers 

or exporters. Therefore, we have combined the analogous 

data elements in the 10 bullets in the list below to reduce 

repetition. 

• Charge size (holding charge, if applicable) for each 

type of pre-charged equipment imported/exported. 

• Number of pre-charged equipment imported/exported. 

• Mass of the imported/exported F-GHG contained in the 

foam in each appliance. 

• Number of appliances imported/exported. 

• Density of the imported/exported F-GHG in the foam. 

• Volume of foam imported/exported. 

• If the importer/exporter does not know the identity 

and mass of the fluorinated GHGs within the closedcell foam: For closed-cell foams that are 

imported/exported inside of appliances, the mass of 

the fluorinated GHGs in CO2e contained in the foam in 

each appliance. 

• If the importer/exporter does not know the identity 

and mass of the fluorinated GHGs within the closedcell foam: For closed-cell foams that are 

imported/exported inside of appliances, the number of 

appliances imported/exported for each type of 

appliance. 

• If the importer/exporter does not know the identity 

and mass of the fluorinated GHGs within the closedcell foam: For closed-cell foams that are not 

imported/exported inside of appliances, the mass in 

CO2e of the fluorinated GHGs in the foam. 

• If the importer/exporter does not know the identity 

and mass of the fluorinated GHGs within the closedcell foam: For closed-cell foams that are not 

imported/exported inside of appliances, the volume of 

foam imported/exported for each type of closed-cell 

foam. 
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For subpart QQ, EPA is proposing that all data 

elements in the “GHGs Reported” and “Production/Throughput 

Quantities and Composition” data categories be considered 

CBI. These data categories contain importer- and exporterlevel production information (mass, volume, density, 

quantity, or identity of the equipment or foam or 

fluorinated gas within the equipment or foam), reported 

separately for pre-charged equipment, closed-cell foam, and 

for appliances that contain closed-cell foam. EPA proposes 

to determine that these importer- and exporter-level 

product-specific GHG data are to be considered CBI because 

the disclosure of these data elements would likely cause 

substantial harm to the competitive positions of businesses 

reporting these data. Releasing these data could be 

detrimental to the operational and marketing strategies of 

the reporting parties, as explained in the following 

example. 

The disclosure of the volume of foam or the count of 

appliances or equipment exported provides insight into a 

firm’s market share and financial performance. For 

example, product import or export data could reveal whether 

a U.S. firm is experiencing rapid growth or decline in 

market share. Competitors could use such data to gain a 

competitive advantage over another firm by better 
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approximating a firm’s market share. Competitors may be 

able to drive struggling reporters out of business by 

implementing short-term price-cutting tactics. In many 

cases, an accurate estimate of the market share of a firm 

is difficult to procure, and the disclosure of such 

information through the GHG Reporting Rule could harm the 

competitive position of reporting parties. As previously 

noted, EPA is proposing that all data elements in these two 

data categories (“GHGs Reported” and “Production/Throughput 

Quantities and Composition”) are to be considered CBI. EPA 

is soliciting comments on EPA’s proposed determinations 

described above. When submitting a comment disagreeing 

with a proposed determination, please identify the specific 

data element(s) and provide detailed supporting information 

on why EPA’s proposed determination is not appropriate and 

why such data element(s) do or do not qualify as CBI. 

EPA is proposing to assign eight data elements to the 

“Unit/Process Operating Characteristics” data category 

because they refer to the operating characteristics of the 

supplier, such as dates of shipment. Four data elements 

are for importers and four are for exporters. The importer 

and exporter data elements are identical except for whether 

they relate to imports or exports, so only four bullets 

appear in the list below to reduce repetition. 
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• Dates on which pre-charged equipment were 

imported/exported. 

• Dates on which closed-cell foams were 

imported/exported. 

• If the importer/exporter does not know the identity 

and mass of the fluorinated GHGs within the closedcell foam: Dates on which the closed-cell foams were 

imported/exported. 

• If the importer/exporter does not know the identity 

and mass of the fluorinated GHGs within the closedcell foam: Certification that the importer/exporter 

was unable to obtain information on the identity and 

mass of the fluorinated GHGs within the closed-cell 

foam from the closed-cell foam manufacturer or 

manufacturers. 

EPA is proposing that all data elements in this data 

category are non-CBI. As explained below, EPA finds that 

the release of these data will not likely cause substantial 

competitive harm. 

Releasing a certification about the ability to obtain 

information would not likely cause substantial competitive 

harm because certification statements are general in 

nature, do not provide any insight into the design or 

operation efficiencies of the plant, and do not reveal 

other competitive information (e.g., market share, ability 

to increase production to meet new increases in demand, or 

price structures). Moreover, certification statements will 

consist of only the language that EPA publicly provides in 

the data reporting tool and will not include any facilityor process-specific information that could be considered 
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proprietary. Therefore, EPA proposes that certification 

statements are not CBI. 

The other subpart QQ data elements in this data 

category are dates of import or export. Dates do not 

reveal information related to the type or quantity of 

product imported or exported, or to the operational 

strengths or weaknesses, operational capacity, or customer 

base of the reporter. Dates of import or export would not 

likely cause substantial competitive harm if released 

because dates do not provide any insight into at what 

percent of capacity a firm is operating or into financial 

performance, the release of which might allow competitors 

to implement short-term price cutting tactics to capture 

the reporter’s market share. Therefore, EPA proposes that 

these data elements, the date of the import or export, are 

not eligible for confidential treatment and will be 

considered non-CBI. 

EPA is soliciting comments on EPA’s proposed 

determinations described above. When submitting a comment 

disagreeing with a proposed determination, please identify 

the specific data element(s) and provide detailed 

supporting information on why EPA’s proposed determination 

is not appropriate and why such data element(s) do or do 

not qualify as CBI. 
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2. Subpart RR - Geologic Sequestration of Carbon Dioxide.

Subpart RR is neither a direct emitter nor a supplier 

source category, so for the purposes of this action EPA 

assigned each subpart RR data element to one of the two 

groups based on its type and characteristics. EPA assigned 

subpart RR data elements that pertain to surface leakage to 

one of the direct emitter data categories and the remaining 

subpart RR data elements to one of the supplier data 

categories. 

EPA is proposing to assign nine data elements to the 

“GHGs Reported” data category because they are the actual 

GHGs reported. Note that all nine of the data elements in 

this specific case are also in the “Production/Throughput 

Quantities and Composition” data category because the GHG 

reported is also the product being used as a throughput.13

• If you receive CO2 by pipeline, report the following 

for each receiving flow meter: Total net mass of CO2

received (metric tons) annually. 

• If you receive CO2 in containers, report: The net mass 

of CO2 received (in metric tons) annually. 

• If you use more than one receiving flow meter, report 

the total net mass of CO2 received (metric tons) 

through all flow meters annually. 

• For each injection flow meter (mass or volumetric), 

report: the mass of CO2 injected annually. 

 

13 Where a data element is included in more than one data category, we 

are proposing the same CBI determination for that data element in both 

categories. 
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• Total CO2 injected during the reporting year as 

calculated in Equation RR-6. 

• For each separator flow meter (mass or volumetric), 

report: CO2 mass produced (metric tons) annually. 

• Annual CO2 produced in the reporting year, as 

calculated in Equation RR-9. 

• Annual CO2 sequestered in the subsurface geologic 

formations in the reporting year, as calculated by 

Equation RR-11 or RR-12. 

• Cumulative mass of CO2 reported as sequestered in the 

subsurface geologic formations in all years since the 

well or group of wells became subject to reporting 

requirements under subpart RR. 

EPA is proposing to assign 26 data elements to the 

“Production/Throughput Quantities and Composition” data 

category because they refer to the quantities and 

composition of CO2 produced and used as throughput at the 

site. Note that nine of the data elements in this specific 

case are in the “GHGs Reported” data category list above 

because the GHG reported is also the product being used as 

a throughput. They are not repeated in the list below. 

Furthermore, five data elements about mass flow meters and 

five data elements about volumetric flow meters are 

identical except for whether they are specific to mass or 

volumetric meters. Therefore, we have combined the ten 

analogous data elements into five bullets in the list below 

to reduce repetition. The remaining seven data elements 
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Page 87 of 112 

that EPA proposes to assign to this data category each 

appear in the list below under an individual bullet. 

• For submissions in support of an R&D project exemption 

from reporting under subpart RR: planned annual CO2

injection volumes during this time period. 

• If a volumetric/mass flow meter is used to receive CO2, 

report the following unless you reported yes to 40 CFR 

98.446(a)(5): Volumetric/mass flow through a receiving 

flow meter at standard conditions in each quarter. 

• If a volumetric/mass flow meter is used to receive CO2, 

report the following unless you reported yes to 40 CFR 

98.446(a)(5) of this section: The volumetric/mass flow 

through a receiving flow meter that is redelivered to 

another facility without being injected into your well 

in each quarter. 

• If a volumetric/mass flow meter is used to receive CO2, 

report the following unless you reported yes to 40 CFR 

98.446(a)(5) of this section: CO2 concentration in the 

flow in each quarter. 

• If you receive CO2 in containers, report: The mass (in 

metric tons) or volume at standard conditions (in 

standard cubic meters) of contents in containers in 

each quarter. 

• If you receive CO2 in containers, report: The 

concentration of CO2 of contents in containers (volume 

or weight percent CO2 expressed as a decimal fraction) 

in each quarter. 

• If you receive CO2 in containers, report: The mass (in 

metric tons) or volume (in standard cubic meters) of 

contents in containers that is redelivered to another 

facility without being injected into your well in each 

quarter. 

• For each injection flow meter (mass or volumetric), 

report: CO2 concentration in flow (volume or weight 

percent CO2 expressed as a decimal fraction) in each 

quarter. 

• For each injection flow meter, report: If a 

volumetric/mass flow meter is used, the 

volumetric/mass flow rate at standard conditions in 

each quarter. 
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• For each separator flow meter (mass or volumetric), 

report: CO2 concentration in flow (volume or weight 

percent CO2 expressed as a decimal fraction) in each 

quarter. 

• If a volumetric/mass separator flow meter is used, 

volumetric/mass flow rate at standard conditions in 

each quarter. 

• The entrained CO2 in produced oil or other fluid 

divided by the CO2 separated through all separators in 

the reporting year (weight percent CO2 expressed as a 

decimal fraction) used as the value for X in Equation 

RR-9 and as determined according to your EPA-approved 

MRV plan. 

EPA proposes that all data elements in these two data 

categories (“GHGs Reported” and “Production/Throughput 

Quantities”) are not CBI. As explained below, EPA finds 

that the release of these data will not likely cause 

substantial competitive harm. 

Six of the data elements are facility-level and flow 

meter-level information on the quantity of CO2 injected. 

This information can be determined from Underground 

Injection Control (UIC) permits, which are issued for each 

injection well by EPA or by states that have assumed 

primary enforcement authority for permitting injection 

wells. Information related to the permits is reported to 

EPA or states at least annually and made available to the 

public either through state websites or upon request from 

the public. Because this information is routinely publicly 

available, EPA finds that further disclosure of data 
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Page 89 of 112 

elements on CO2 injection is not likely to cause substantial 

competitive harm to the reporter, and EPA proposes to 

determine that this information will not be treated as 

confidential. 

Six of the data elements are facility-level and flow 

meter-level information on the quantity of CO2 produced. 

The reporters that are required to include this information 

in their annual reports inject CO2 underground into oil or 

natural gas reservoirs via injection wells for the purpose 

of increasing crude oil production or enhancing recovery of 

natural gas, and the CO2 is then produced with oil and gas. 

State oil and gas conservation agencies in all states where 

enhanced oil and gas recovery is occurring collect 

information on quantities of oil and gas produced by well 

to calculate royalties. This information is reported to 

EPA or States at least annually and made available to the 

public either through state websites or upon request from 

the public. Moreover, incremental oil production from CO2

injection is published in the biannual Oil & Gas Journal 

Enhanced Oil Recovery survey.14 Given the present level of 

reporting of production in the EOR industry just described 

(i.e., information is made publicly available by states and 

in the biannual industry reports), EPA finds that CO2

 

14 Worldwide Enhanced Oil Recovery Survey. 2010. Oil and Gas Journal, 

Volume 108, Issue 14. 
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production information does not provide additional insight 

into any aspect of operations the release of which might 

undercut any competitive advantage that the reporter may 

enjoy. Because this information is publicly available, EPA 

proposes to determine that this information will not be 

treated as confidential. 

Subpart RR facilities must report annual mass of CO2

sequestered in the subsurface geologic formations in the 

reporting year, as calculated by Equation RR-11 or RR-12. 

These values are calculated from CO2 injection, production, 

and emission data using a mass balance approach. As 

discussed above in this section, CO2 injection and CO2

production data are already publicly available. In 

addition, CO2 emission data are emission data and must be 

made publicly available. As a result, the quantity of CO2

sequestered can be calculated from data that are already 

publicly available. Because this information may be 

readily derived from information already publicly 

available, EPA has determined that its release of the 

reported mass of CO2 sequestered would not likely cause 

substantial competitive harm. For these reasons, EPA 

proposes to determine that this information is not eligible 

for confidential treatment and will be considered to be 

non-CBI. 
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Twelve of the data elements are facility-level and 

flow meter-level information on the quantity of CO2

received. None of the data elements on CO2 received 

includes information on CO2 prices or contract terms, such 

as information on the concentration of other incidental 

substances in the CO2 stream, the disclosure of which could 

allow competitors to ascertain the relative strength of 

their market position and to identify sources of 

competitive advantage (or disadvantage) among competitors. 

The data elements also do not include information that 

would allow a competitor to deduce the reporter’s operating 

costs. 

Moreover, as an example, for a facility where the CO2

received is wholly injected and is not mixed with any other 

supply of CO2, such as a geologic sequestration project at a 

deep saline formation, the reporter may report the quantity 

of CO2 injected as the quantity of CO2 received. This 

amount can be determined from information that is reported 

at least annually as part of a facility’s UIC permit and 

made available to the public either through state websites 

or upon request from the public. For the reasons described 

in this paragraph, EPA finds that releasing the 12 data 

elements on CO2 received would not likely result in 

substantial competitive harm, and EPA proposes to determine 
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that this information does not qualify for confidential 

treatment and will be considered to be non-CBI. 

EPA is proposing to assign nine data elements to the 

“Unit/Process Operating Characteristics” data category 

because they refer to the operating characteristics of the 

site, such as project duration and CO2 source. 

• For submissions in support of a research and 

development (R&D) project exemption from reporting 

under subpart RR: The planned duration of CO2 injection 

for the project. 

• For submissions in support of an R&D project exemption 

from reporting under subpart RR: The research purposes 

of the project. 

• For submissions in support of an R&D project exemption 

from reporting under subpart RR: The source and type 

of funding for the project. 

• For submissions in support of an R&D project exemption 

from reporting under subpart RR: The class of the 

underground injection control permit. 

• For submissions in support of an R&D project exemption 

from reporting under subpart RR: The duration of the 

underground injection control permit. 

• For submissions in support of an R&D project exemption 

from reporting under subpart RR: For an offshore 

facility not subject to Safe Drinking Water Act, a 

description of the legal instrument authorizing 

geologic sequestration. 

• Source of the CO2 received according to the following 

categories: CO2 production wells, electric generating 

unit, ethanol plant, pulp and paper mill, natural gas 

processing, gasification operations, other 

anthropogenic source, CO2 received from a discontinued 

enhanced oil and gas recovery project, and unknown. 

• For each injection flow meter, report the location of 

the flow meter. 
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• If a well is permitted by an Underground Injection 

Control program, report: Underground Injection Control 

permit class. 

EPA is proposing that all data elements in this data 

category are non-CBI. As explained below, EPA finds that 

the release of these data will not likely cause substantial 

competitive harm. 

Five of these data elements include basic information 

on the legal instrument authorizing geologic sequestration. 

For a facility permitted by the UIC program under authority 

of the Safe Drinking Water Act, information on the class 

and duration of the permit is already publicly available in 

the UIC permit. For an offshore facility that is not 

subject to the Safe Drinking Water Act and therefore does 

not need a UIC permit, the facility would be subject to 

other statutory authority authorizing the facility to 

conduct geologic sequestration. Since these five data 

elements contain public information, EPA finds that their 

release by EPA is not likely to cause substantial 

competitive harm; they do not qualify for confidential 

treatment and will be considered to be non-CBI. 

Three of these data elements are information on an R&D 

project’s planned duration, purpose, source of funding, and 

type of funding. These data elements do not include the 

amount of funding received. They do not provide insight 
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Page 94 of 112 

into the costs of sequestering CO2 at the facility, the 

disclosure of which could allow competitors to ascertain 

the relative strength of their market position and to 

identify sources of competitive advantage (or disadvantage) 

among competitors. For many existing R&D projects, 

information in these three data elements is already 

publicly available. For example, the Department of Energy 

National Energy Technology Laboratory publishes information 

on its website about the Regional Carbon Sequestration 

Partnership projects that it funds.15 These projects also 

participate in public conferences at which they present 

papers about their projects and findings. Since this 

information is of the same nature for all projects, EPA 

finds that publication of such information by some projects 

demonstrates that disclosure of equivalent information for 

all projects is not likely to cause substantial harm. 

Therefore, EPA proposes to determine that this information 

is not eligible for confidential treatment; it will be 

considered to be non-CBI. 

The data element related to the source of CO2 received 

identifies the type of source that supplied the facility 

with CO2 in the reporting year, such as an ethanol plant. 

 

15

http://www.netl.doe.gov/technologies/carbon_seq/partnerships/RCSP_Proje

ctDescriptions.html 
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This data element does not include information that would 

identify a specific facility or company that supplies the 

CO2 to the reporter, or the amount of CO2 provided by each 

supplier. This data element does not include information 

on CO2 prices or contract terms, the disclosure of which 

could allow competitors to ascertain the relative strength 

of their market position and to identify sources of 

competitive advantage (or disadvantage) among competitors. 

Since revealing this data element does not provide 

competitors with an advantage, EPA proposes to determine 

that it is not eligible for confidential treatment and will 

be considered to be non-CBI. 

EPA is soliciting comments on EPA’s proposed 

determinations described above. When submitting a comment 

disagreeing with a proposed determination, please identify 

the specific data element(s) and provide detailed 

supporting information on why EPA’s proposed determination 

is not appropriate and why such data element(s) do or do 

not qualify as CBI. 

3. Subpart UU - Injection of Carbon Dioxide.

EPA first proposed in a single subpart RR the 

reporting requirements that are now divided between final 

subparts RR and UU. EPA moved all definitions, 

requirements, and procedures for facilities conducting only 
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Page 96 of 112 

CO2 injection into a new subpart (subpart UU). Subpart RR 

retains all definitions, requirements, and procedures 

related to facilities conducting geologic sequestration. 

The explanation and a summary of major changes since 

proposal appear in the final subparts RR and UU 

promulgation notice (75 FR 75060, December 1, 2010). 

Subpart UU is neither a direct emitter nor a supplier 

source category, so for the purposes of this action EPA 

assigned the subpart UU data elements to one of the 

supplier data categories because they are most similar in 

type and characteristics to supplier data. 

EPA is proposing to assign three data elements to the 

“GHGs Reported” data category because they are the actual 

GHGs reported. Note that all three of the data elements in 

this specific case are also in the “Production/ Throughput 

Quantities and Composition” data category because the GHG 

reported is also the GHG being used as a throughput.16 

• If you receive CO2 by pipeline, report the following 

for each receiving flow meter: Total net mass of CO2

received (metric tons) annually. 

• If you receive CO2 in containers, report: The net total 

mass of CO2 received (in metric tons) annually. 

• If you use more than one receiving flow meter, report 

the net total mass of CO2 received (metric tons) 

through all flow meters annually. 

 

16 Where a data element is included in more than one data category, we 

are proposing the same CBI determination for that data element in both 

categories. 
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EPA is proposing to assign 12 data elements to the 

“Production/Throughput Quantities and Composition” data 

category because they refer to the quantities and 

composition of CO2 used as throughput at the site. Note 

that three of the data elements in this specific case are 

in the “GHGs Reported” data category list above because the 

GHG reported is also the GHG being used as a throughput. 

They are not repeated in the list below. Furthermore, 

three data elements about mass flow meters and three data 

elements about volumetric flow meters are identical except 

for whether they are specific to mass or volumetric meters. 

Therefore, we have combined the six analogous data elements 

into three bullets in the list below to reduce repetition. 

The remaining three data elements that EPA proposes to 

assign to this data category each appear in the list below 

under an individual bullet. 

• If you receive CO2 by pipeline, report the following 

for each receiving flow meter: If a volumetric/mass 

flow meter is used to receive CO2: Volumetric/mass flow 

through a receiving flow meter at standard conditions 

in each quarter. 

• If you receive CO2 by pipeline, report the following 

for each flow meter: If a volumetric/mass flow meter 

is used to receive CO2: The volumetric/mass flow 

through a receiving flow meter that is redelivered to 

another facility without being injected into your well 

in each quarter. 
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• If you receive CO2 by pipeline, report the following 

for each receiving flow meter: If a volumetric/mass 

flow meter is used to receive CO2: CO2 concentration in 

the flow in each quarter. 

• If you receive CO2 in containers, report: The mass (in 

metric tons) or volume at standard conditions (in 

standard cubic meters) of contents in containers in 

each quarter. 

• If you receive CO2 in containers, report: The 

concentration of CO2 of contents in containers (volume 

or weight percent CO2 expressed as a decimal fraction) 

in each quarter. 

• If you receive CO2 in containers, report: The mass (in 

metric tons) or volume (in standard cubic meters) of 

contents in containers that is redelivered to another 

facility without being injected into your well in each 

quarter. 

EPA proposes that all data elements in these two data 

categories (“GHGs Reported” and “Production/Throughput 

Quantities”) are not CBI. These data elements are 

facility-level and flow meter-level data for CO2 received. 

None of the data elements on CO2 received includes 

information on CO2 prices or contract terms, such as 

information on the concentration of other incidental 

substances in the CO2 stream, the disclosure of which could 

allow competitors to ascertain the relative strength of 

their market position and to identify sources of 

competitive advantage (or disadvantage) among competitors. 

The data elements also do not include information that 

would allow a competitor to deduce the reporter’s operating 

costs. Moreover, for a facility where the CO2 received is 
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Page 99 of 112 

wholly injected and is not mixed with any other supply of 

CO2, such as a geologic sequestration project at a deep 

saline formation, the reporter may report the quantity of 

CO2 injected as the quantity of CO2 received. This amount 

can be determined from information that is reported at 

least annually as part of a facility’s UIC permit and made 

available to the public either through state websites or 

upon request from the public. 

For these reasons, EPA finds that releasing the twelve 

data elements on CO2 received would not likely result in 

substantial competitive harm, and EPA proposes to determine 

that this information does not qualify for confidential 

treatment and will be considered to be non-CBI. 

EPA is proposing to assign one data element to the 

“Unit/Process Operating Characteristics” data category 

because it refers to an operating characteristic of the 

site. 

• Source of the CO2 received according to the following 

categories: CO2 production wells, electric generating 

unit, ethanol plant, pulp and paper mill, natural gas 

processing, gasification operations, other 

anthropogenic source, discontinued enhanced oil and 

gas recovery project, and unknown. 

The data element related to the source of CO2 received 

identifies the type of source that supplied the facility 

with CO2 in the reporting year, such as an ethanol plant. 
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This data element does not include information that would 

identify a specific facility or company that supplies the 

CO2 to the reporter, or the amount of CO2 provided by each 

supplier. This data element does not include information 

on CO2 prices or contract terms, the disclosure of which 

could allow competitors to ascertain the relative strength 

of their market position and to identify sources of 

competitive advantage (or disadvantage) among competitors. 

EPA finds that the release by EPA of the data element 

related to the source of CO2 received is not likely to cause 

substantial competitive harm, and EPA proposes to determine 

that it does not qualify for confidential treatment; it 

will be considered to be non-CBI. 

EPA is soliciting comments on EPA’s proposed 

determinations described above. When submitting a comment 

disagreeing with a proposed determination, please identify 

the specific data element(s) and provide detailed 

supporting information on why EPA’s proposed determination 

is not appropriate and why such data element(s) do or do 

not qualify as CBI. 

D. Commenting on the Proposed Confidentiality 

Determinations and Data Category Assignments

By making confidentiality determinations prior to data 

reporting through this proposal and rulemaking process, 
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Page 101 of 112 

potential reporters are able to submit comments identifying 

data they consider sensitive and provide the rationales and 

supporting documentation they would otherwise submit for 

case-by-case confidentiality determinations. We seek 

comment on the confidentiality status of data elements in 

two direct emitter data categories (“Unit/Process ‘Static’ 

Characteristics That are Not Inputs to Emission Equations” 

and “Unit/Process Operating Characteristics That are Not 

Inputs to Emission Equations”) and three supplier data 

categories (“GHGs Reported,” “Production/Throughput 

Quantities and Composition,” and “Unit/Process Operating 

Characteristics”). We will evaluate claims of 

confidentiality before finalizing the proposed 

confidentiality determinations; however, this will be your 

only opportunity to substantiate your confidentiality 

claim. Where we make confidentiality determinations prior 

to data reporting through this proposal and rulemaking 

process, you will not be able to claim separately that 

certain data that has already been categorized as data to 

be released are CBI when you submit those data as part of a 

GHG emissions report under Part 98. 

Please consider the following instructions in 

submitting comments on the data elements in these eight 

subparts. 
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Please identify each individual data element you do or 

do not consider to be CBI or emission data in your 

comments. Please explain specifically how the public 

release of that particular data element would or would not 

cause a competitive disadvantage to a facility. Discuss 

how this data element may be different from or similar to 

data that are already publicly available. Please submit 

information identifying any publicly available sources of 

information containing the specific data elements in 

question, since data that are already available through 

other sources would not be CBI. In your comments, please 

identify the manner and location in which each specific 

data element you identify is available, including a 

citation. If the data are physically published, such as in 

a book, industry trade publication, or federal agency 

publication, provide the title, volume number (if 

applicable), author(s), publisher, publication date, and 

ISBN or other identifier. For data published on a website, 

provide the address of the website and the date you last 

visited the website and identify the website publisher and 

content author. 

If your concern is that competitors could use a 

particular input to discern sensitive information, 

specifically describe the pathway by which this could occur 
*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

Page 103 of 112 

and explain how the discerned information would negatively 

affect your competitive position. Describe any unique 

process or aspect of your facility that would be revealed 

if the particular data element you consider sensitive were 

made publicly available. If the data element you identify 

would cause harm only when used in combination with other 

publicly available data, then describe the other data, 

identify the public source(s) of these data, and explain 

how the combination of data could be used to cause 

competitive harm. Describe the measures currently taken to 

keep the data confidential. Avoid conclusory and 

unsubstantiated statements, or general assertions regarding 

potential harm. Please be as specific as possible in your 

comments and include all information necessary for EPA to 

evaluate your comments. 

IV. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory Planning and Review

and Executive Order 13563: Improving Regulation and 

Regulatory Review

Under Executive Order 12866 (58 FR 51735, October 4, 

1993), this action is a “significant regulatory action” 

because it raises novel legal or policy issues. 

Accordingly, EPA submitted this action to the Office of 

Management and Budget (OMB) for review under Executive 
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Page 104 of 112 

Orders 12866 and 13563 (76 FR 3821, January 21, 2011) and 

any changes made in response to OMB recommendations have 

been documented in the docket for this action. 

B. Paperwork Reduction Act

This action does not impose any new information 

collection burden. This action is administrative and does 

not increase the reporting burden. However, the Office of 

Management and Budget (OMB) has previously approved the 

information collection requirements contained in these 

eight subparts, under 40 CFR part 98, under the provisions 

of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The 

Information Collection Request (ICR) documents prepared by 

EPA have been assigned the following OMB control numbers: 

2060-0650, for subparts I, L, DD, and SS; 2060-0649, for 

subparts RR and UU; and 2060-0651, for subpart W. The OMB 

control numbers for EPA’s regulations in 40 CFR are listed 

at 40 CFR part 9. 

C. Regulatory Flexibility Act (RFA)

The RFA generally requires an agency to prepare a 

regulatory flexibility analysis of any rule subject to 

notice and comment rulemaking requirements under the 

Administrative Procedure Act or any other statute unless 

the agency certifies that the rule will not have a 

significant economic impact on a substantial number of 
*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

Page 105 of 112 

small entities. Small entities include small businesses, 

small organizations, and small governmental jurisdictions. 

For purposes of assessing the impacts of this reproposal on small entities, “small entity” is defined as: 

(1) a small business as defined by the Small Business 

Administration’s regulations at 13 CFR 121.201; (2) a small 

governmental jurisdiction that is a government of a city, 

county, town, school district or special district with a 

population of less than 50,000; or (3) a small organization 

that is any not-for-profit enterprise which is 

independently owned and operated and is not dominant in its 

field. 

After considering the economic impacts of this action 

on small entities, I certify that this action will not have 

a significant economic impact on a substantial number of 

small entities. This action will not impose any new 

requirement on small entities that are not currently 

required by Part 98. 

EPA took several steps to reduce the impact of Part 98 

on small entities. For example, EPA determined appropriate 

thresholds that reduced the number of small businesses 

reporting. In addition, EPA did not require facilities to 

install continuous emission monitoring systems (CEMS) if 

they did not already have them. Facilities without CEMS 
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Page 106 of 112 

can calculate emissions using readily available data or 

data that are less expensive to collect such as process 

data or material consumption data. For some source 

categories, EPA developed tiered methods that are simpler 

and less burdensome. Also, EPA required annual instead of 

more frequent reporting. Finally, EPA continues to conduct 

significant outreach on the mandatory GHG reporting rule 

and maintains an “open door” policy for stakeholders to 

help inform EPA’s understanding of key issues for the 

industries. 

We continue to be interested in the potential impacts 

of this action on small entities and welcome comments on 

issues related to such effects. 

D. Unfunded Mandates Reform Act (UMRA)

Title II of the Unfunded Mandates Reform Act of 1995 

(UMRA), 2 U.S.C. 1531-1538, requires Federal agencies, 

unless otherwise prohibited by law, to assess the effects 

of their regulatory actions on State, local, and tribal 

governments and the private sector. Federal agencies must 

also develop a plan to provide notice to small governments 

that might be significantly or uniquely affected by any 

regulatory requirements. The plan must enable officials of 

affected small governments to have meaningful and timely 

input in the development of EPA regulatory proposals with 
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significant Federal intergovernmental mandates and must 

inform, educate, and advise small governments on compliance 

with the regulatory requirements. 

This action does not contain a Federal mandate that 

may result in expenditures of $100 million or more for 

State, local, and tribal governments, in the aggregate, or 

the private sector in any one year. This re-proposal is 

administrative and does not increase the reporting burden. 

Thus, this action is not subject to the requirements of 

sections 202 or 205 of the UMRA. 

In developing Part 98, EPA consulted with small 

governments pursuant to a plan established under section 

203 of the UMRA to address impacts of regulatory 

requirements in the rule that might significantly or 

uniquely affect small governments. For a summary of EPA’s 

consultations with State and/or local officials or other 

representatives of State and/or local governments in 

developing Part 98, see Section VIII.D of the preamble to 

the final rule (74 FR 56370, October 30, 2009). 

E. Executive Order 13132: Federalism 

This action does not have federalism implications. It 

will not have substantial direct effects on the States, on 

the relationship between the national government and the 

States, or on the distribution of power and 
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Page 108 of 112 

responsibilities among the various levels of government, as 

specified in Executive Order 13132. However, for a more 

detailed discussion about how Part 98 relates to existing 

State programs, please see Section II of the preamble to 

the final rule (74 FR 56266, October 30, 2009). 

This action applies to facilities that directly emit 

greenhouses gases. It does not apply to governmental 

entities unless a government entity owns a facility that 

directly emits greenhouse gases above threshold levels, so 

relatively few government facilities would be affected. 

This action also does not limit the power of States or 

localities to collect GHG data and/or regulate GHG 

emissions. Thus, Executive Order 13132 does not apply to 

this action. 

In the spirit of Executive Order 13132, and consistent 

with EPA policy to promote communications between EPA and 

State and local governments, EPA specifically solicits 

comment on this proposed action from State and local 

officials. For a summary of EPA’s consultation with State 

and local organizations and representatives in developing 

Part 98, see Section VIII.E of the preamble to the final 

rule (74 FR 56371, October 30, 2009). 

F. Executive Order 13175: Consultation and Coordination 

with Indian Tribal Governments
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This action does not have tribal implications, as 

specified in Executive Order 13175 (65 FR 67249, November 

9, 2000). This re-proposal is administrative and does not 

increase the reporting burden. Thus, Executive Order 13175 

does not apply to this action. For a summary of EPA’s 

consultations with tribal governments and representatives, 

see Section VIII.F of the preamble to the final rule (74 FR 

56371, October 30, 2009). EPA specifically solicits 

additional comment on this proposed action from tribal 

officials. 

G. Executive Order 13045: Protection of Children from 

Environmental Health Risks and Safety Risks

EPA interprets Executive Order 13045 (62 FR 19885, 

April 23, 1997) as applying only to those regulatory 

actions that concern health or safety risks, such that the 

analysis required under section 5-501 of the Executive 

Order has the potential to influence the regulation. This 

action is not subject to Executive Order 13045 because it 

does not establish an environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions that Significantly 

Affect Energy Supply, Distribution, or Use
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This action is not subject to Executive Order 13211 

(66 FR 28355, May 22, 2001), because it is not a 

significant regulatory action under Executive Order 12866. 

I. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and 

Advancement Act of 1995 (NTTAA), Public Law No. 104-113 (15 

U.S.C. 272 note) directs EPA to use voluntary consensus 

standards in its regulatory activities unless to do so 

would be inconsistent with applicable law or otherwise 

impractical. Voluntary consensus standards are technical 

standards (e.g., materials specifications, test methods, 

sampling procedures, and business practices) that are 

developed or adopted by voluntary consensus standards 

bodies. NTTAA directs EPA to provide Congress, through 

OMB, explanations when the Agency decides not to use 

available and applicable voluntary consensus standards. 

This action does not involve technical standards. 

Therefore, EPA is not considering the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal Actions to Address 

Environmental Justice in Minority Populations and LowIncome Populations

Executive Order 12898 (59 FR 7629, February 16, 1994) 

establishes Federal executive policy on environmental 
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justice. Its main provision directs Federal agencies, to 

the greatest extent practicable and permitted by law, to 

make environmental justice part of their mission by 

identifying and addressing, as appropriate, 

disproportionately high and adverse human health or 

environmental effects of their programs, policies, and 

activities on minority populations and low-income 

populations in the United States. EPA has determined that 

this action will not have disproportionately high and 

adverse human health or environmental effects on minority 

or low-income populations because it does not affect the 

level of protection provided to human health or the 

environment. This action addresses only reporting and 

recordkeeping procedures. 
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List of Subjects 40 CFR Part 2 

Environmental protection, Administrative practice and 

procedure, Reporting and recordkeeping requirements. 

Dated: 

 

Lisa P. Jackson, 

Administrator. 
 

6560.50 

EO12866 GHGRP Part 98 2060 AQ70 NPRM 20111129 

ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 98 

[EPA-HQ-OAR-2011-0028; FRL- ] 

RIN 2060-AQ70 

Proposed Confidentiality Determinations for 8 Subparts and 

Proposed Amendments to Table A-6 in Subpart A under the 

Mandatory Reporting of Greenhouse Gases Rule 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Proposal. 

SUMMARY: This action re-proposes confidentiality 

determinations for the data elements in subparts L, DD, QQ, 

RR, SS, and UU under the Mandatory Greenhouse Gas Reporting 

Rule. On July 7, 2010, EPA proposed confidentiality 

determinations for the data elements in the proposed six 

subparts and is issuing this re-proposal today due to 

significant changes to certain data elements in the final 

subparts. The confidentiality determination re-proposal 

for these six subparts takes into account the amendments to 

these subparts in the November 29, 2011 final rule “2011 

Technical Corrections, Clarifying and Other Amendments to 

Certain Provisions of the Mandatory Greenhouse Gas 

Reporting Rule.” In addition, EPA is proposing 

confidentiality determinations for seven new data elements 

that are not inputs to equations, added to subparts II and 
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TT in the November 29, 2011 final rule. EPA is also 

proposing to categorize three data elements added to 

subparts FF and TT as inputs to emission equations and to 

defer their reporting deadline to March 31, 2013. To 

accommodate this, EPA is proposing to amend Table A-6 in 

subpart A. Finally, EPA is proposing to re-numerate 

section references in Table A-6 as finalized in the 

November 29, 2011 final rule. 

DATES: Comments. Comments must be received on or before 

[INSERT THE DATE 60 DAYS AFTER THE DATE OF PUBLICATION OF 

THIS PROPOSED RULE IN THE FEDERAL REGISTER]. 

Public Hearing. EPA does not plan to conduct a public 

hearing unless requested. To request a hearing, please 

contact the person listed in the FOR FURTHER INFORMATION 

CONTACT section by [INSERT THE DATE 7 DAYS AFTER THE DATE 

OF PUBLICATION OF THIS PROPOSED RULE IN THE FEDERAL 

REGISTER]. Upon such request, EPA will hold the hearing on 

[INSERT THE DATE 15 DAYS AFTER THE DATE OF PUBLICATION OF 

THIS PROPOSED RULE IN THE FEDERAL REGISTER] in the 

Washington, DC area starting at 9 a.m., local time. EPA 

will publish further information about the hearing in the 

Federal Register if a hearing is requested. 

ADDRESSES: Submit your comments, identified by Docket ID 

No. EPA–HQ–OAR–2011-0028, by one of the following methods: 
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• Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the online 

instructions for submitting comments. 

• E-mail: GHGReportingCBI@epa.gov 

• Fax: (202) 566–1741. 

• Mail: Environmental Protection Agency, EPA Docket 

Center (EPA/DC), Mailcode 6102T, Attention Docket ID 

No. EPA–HQ–OAR–2011-0028, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, Public Reading Room, 

EPA West Building, Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC 20004. Such deliveries 

are only accepted during the Docket’s normal hours of 

operation, and special arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to Docket ID No. 

EPA–HQ–OAR–2011-0028. EPA’s policy is that all comments 

received will be included in the public docket without 

change and may be made available online at 

http://www.regulations.gov, including any personal 

information provided, unless the comment includes 

information claimed to be confidential business information 

(CBI) or other information whose disclosure is restricted 

by statute. 

Do not submit information that you consider to be CBI 

or otherwise protected through http://www.regulations.gov

or e-mail. Send or deliver information identified as CBI 

to only the mail or hand/courier delivery address listed 

above, attention: Docket ID No. EPA-HQ-OAR-2011-0028. The 

http://www.regulations.gov website is an “anonymous access” 
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Page 4 of 97 

system, which means EPA will not know your identity or 

contact information unless you provide it in the body of 

your comment. If you send an e-mail comment directly to 

EPA without going through http://www.regulations.gov your 

e-mail address will be automatically captured and included 

as part of the comment that is placed in the public docket 

and made available on the Internet. If you submit an 

electronic comment, EPA recommends that you include your 

name and other contact information in the body of your 

comment and with any disk or CD–ROM you submit. If EPA 

cannot read your comment due to technical difficulties and 

cannot contact you for clarification, EPA may not be able 

to consider your comment. Electronic files should avoid 

the use of special characters, any form of encryption, and 

be free of any defects or viruses. 

Docket: All documents in the docket are listed in the 

http://www.regulations.gov index. Although listed in the 

index, some information is not publicly available, e.g., 

CBI or other information whose disclosure is restricted by 

statute. Certain other material, such as copyrighted 

material, will be publicly available only in hard copy. 

Publicly available docket materials are available either 

electronically in http://www.regulations.gov or in hard 

copy at the Air Docket, EPA/DC, EPA West, Room B102, 1301 
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Constitution Ave., NW., Washington, DC. This Docket 

Facility is open from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal holidays. The telephone 

number for the Public Reading Room is (202) 566–1744, and 

the telephone number for the Air Docket is (202) 566–1742. 

FOR FURTHER GENERAL INFORMATION CONTACT: Carole Cook, 

Climate Change Division, Office of Atmospheric Programs 

(MC–6207J), Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, DC 20460; telephone 

number: (202) 343–9263; fax number: (202) 343–2342; e-mail 

address: GHGreporting@epa.gov. For technical information, 

contact the Greenhouse Gas Reporting Rule Hotline at: 

http://www.epa.gov/climatechange/emissions/ghgrule_contactu

s.htm. Alternatively, contact Carole Cook at 202–343–9263. 

Worldwide Web (WWW). In addition to being available 

in the docket, an electronic copy of this proposal, 

memoranda to the docket, and all other related information 

will also be available through the WWW on EPA’s greenhouse 

gas reporting rule website at 

http://www.epa.gov/climatechange/emissions/ghgrulemaking.ht

ml. 

SUPPLEMENTARY INFORMATION: 

Acronyms and Abbreviations. The following acronyms 

and abbreviations are used in this document. 
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BAMM Best Available Monitoring Methods 

CAA Clean Air Act 

CEMS continuous emission monitoring system 

CO2 carbon dioxide 

CBI confidential business information 

CEMS Continuous Emission Monitoring System 

CFR Code of Federal Regulations 

EIA Energy Information Administration 

EOR enhanced oil recovery 

EPA U.S. Environmental Protection Agency 

F-GHG fluorinated greenhouse gas 

GHG greenhouse gas 

ICR Information Collection Request 

LDC local natural gas distribution company 

LNG liquefied natural gas 

MMBtu million Btu 

MMscfd million standard cubic feet per day 

MRV monitoring, reporting, and verification 

NESHAP national emission standards for hazardous air 

pollutants 

N2O nitrous oxide 

NTTAA National Technology Transfer and Advancement Act of 

1995 

OMB Office of Management & Budget 

PFC perfluorocarbon 

R&D research and development 

RFA Regulatory Flexibility Act 

SF6 sulfur hexafluoride 

UIC Underground Injection Control 

UMRA Unfunded Mandates Reform Act of 1995 

U.S. United States 

WWW Worldwide Web 
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Organization of This Document. The following outline 

is provided to aid in locating information in this 

preamble. 

I. General Information

A. What is the purpose of this action?

B. Does this action apply to me?

C. What should I consider as I prepare my comments to EPA?

II. Background and General Rationale

A. Background

B. Background on data elements in the “inputs to emission 

equations” data category

C. What is the rationale for re-proposing the CBI 

determinations for six subparts?

D. How does the Technical Revisions Final Rule affect this 

action?

III. Re-Proposal of CBI Determinations for Six Subparts

A. Overview

B. Direct Emitter Data Categories

C. GHG Supplier Data Categories

D. Commenting on the Proposed Confidentiality 

Determinations and Data Category Assignments

IV. Proposal of CBI determinations for New Data Elements 

in Subparts II and TT

V. Deferral of Inputs to Emission Equations for Subparts 

FF and TT and Amendment to Table A-6

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review 

and Executive Order 13563: Improving Regulation and 

Regulatory Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act (RFA)

D. Unfunded Mandates Reform Act (UMRA)

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation and Coordination 

with Indian Tribal Governments

G. Executive Order 13045: Protection of Children from 

Environmental Health Risks and Safety Risks

H. Executive Order 13211: Actions that Significantly 

Affect Energy Supply, Distribution, or Use

I. National Technology Transfer and Advancement Act
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J. Executive Order 12898: Federal Actions to Address 

Environmental Justice in Minority Populations and LowIncome Populations

I. General Information 

A. What is the purpose of this action?

This action has three purposes. First, EPA is reproposing confidentiality determinations for the data 

elements in six subparts (L, DD, QQ, RR, SS, and UU) of 40 

CFR part 98 of the Mandatory Greenhouse Gases Reporting 

rule (hereafter referred to as “Part 98”). EPA proposed 

confidentiality determinations for data elements contained 

in the proposed subparts L, DD, QQ, RR, and SS in the July 

7, 2010 proposed CBI determination notice (75 FR 39094; 

hereinafter referred to as the “July 7, 2010 CBI 

proposal”). These subparts were finalized in December of 

2010 as part of two separate amendments to Part 98. As 

explained in more detail in Section II.C of this preamble, 

many data elements were added or significantly changed 

since proposal, and portions of proposed subpart RR were 

split off to create a new subpart UU. Additionally, on 

November 29, 2011, EPA finalized amendments to subpart RR. 

See “2011 Technical Corrections, Clarifying and Other 

Amendments to Certain Provisions of The Mandatory Reporting 

of Greenhouse Gases Rule” (76 FR 73886; hereinafter 

referred to as the “Technical Corrections final rule”). In 
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light of the above, we are re-proposing for public comment 

the confidentiality determinations for the data elements in 

these six subparts to reflect the data elements in the 

final six subparts and the new and revised data elements in 

subpart RR in the Technical Corrections final rule. 

On May 26, 2011, EPA published the final CBI 

determinations for 35 Part 98 subparts in “Confidentiality 

Determinations for Data Required Under the Mandatory 

Greenhouse Gas Reporting Rule and Amendments to Special 

Rules Governing Certain Information Obtained Under the 

Clean Air Act” (76 FR 30782; hereinafter referred to as the 

“Final CBI Rule”). In that rule, we created 22 data 

categories (11 for direct emitters of greenhouse gases 

(GHGs) and 11 for suppliers of GHGs and products containing 

GHGs) and assigned data elements in the 35 subparts to 

appropriate data categories. In today’s action, we 

similarly propose to assign the data elements in the six 

subparts into the appropriate data categories created in 

the Final CBI Rule. For a list of the data categories, see 

Section III.A of this preamble. This notice covers all of 

the data elements from the six subparts except for those 

that are in the “Inputs to Emission Equations” data 

category. The covered data elements and their proposed 

category assignments are listed by data category in the 
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Memorandum entitled “Docket EPA-HQ-OAR-2011-0028 Memo A.” 

This memorandum reflects the proposed revisions in the 

Technical Corrections final rule. 

As in the Final CBI Rule, this proposal does not 

address data elements from the six subparts in the “Inputs 

to Emission Equations” data category. Those data elements 

were identified in “Change to the Reporting Date for 

Certain Data Elements Required Under the Mandatory 

Reporting of Greenhouse Gases Rule,” published on August 

25, 2011 (76 FR 53057; hereinafter referred to as the 

“Final Deferral”). In that action, EPA deferred the 

deadline for direct emitter reporters to report “Inputs to 

Emission Equations” data elements. EPA deferred the 

deadline for reporting some of these data elements to March 

31, 2013, and the deadline for reporting others to March 

31, 2015. For easy reference, we have placed a list of the 

data elements in these six subparts that are assigned to 

the “Inputs to Emission Equations” data category in the 

docket for today’s action (“Docket EPA-HQ-OAR-2011-0028 

Memo B”). 

The second purpose of this action is to propose 

confidentiality determinations for new data elements (that 

are not inputs to equations) added to subparts II and TT in 
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the Technical Corrections final rule (76 FR 73886). 

Subparts II and TT were originally finalized in July of 

2010. Confidentiality determinations for the finalized 

data elements in these two subparts were included in the 

Final CBI Rule; however, in the Technical Corrections final 

rule that was issued after the Final CBI Rule, certain 

existing data elements were revised and certain new data 

elements were added. As discussed in Section I.D of this 

preamble, the revisions do not change the information to be 

reported and therefore do not affect the final 

confidentiality determinations for those data elements. 

However, the Final CBI Rule does not address the new data 

elements for these two subparts. Therefore, we are 

proposing confidentiality determinations in this action for 

the new subpart II and TT data elements added in the 

Technical Corrections final rule. The new subpart II and 

TT data elements and their proposed category assignments 

are listed by data category in Section IV of this preamble. 

The third purpose of this action is to propose 

amendments to Table A-6 to subpart A of Part 98 to reflect 

amendments in the Technical Corrections final rule (76 FR 

73886). In the Technical Corrections final rule, three new 

equation inputs are added to subparts FF and TT. In this 

action, EPA is proposing to defer the reporting deadline 
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for these three equation inputs to March 31, 2013. As with 

other equation inputs, EPA is in the process of evaluating 

the sensitivity of these three equation inputs, and we 

believe that we can complete our evaluation before March 

31, 2013, the current reporting deadline for the equation 

inputs listed in Table A-6 of Subpart A. EPA is therefore 

proposing to add these inputs to Table A-6 to require their 

reporting by March 31, 2013. Additionally, in the 

Technical Corrections final rule, certain existing equation 

inputs were revised, including three subpart TT equation 

inputs for which the section references were re-numbered. 

As discussed further in Section I.D of this preamble, the 

revisions to the equation inputs are technical or editorial 

in nature and do not affect the information to be 

collected. However, Table A-6 does not currently account 

for the re-numerations. Therefore, we are proposing to 

revise section references to the three subpart TT inputs to 

equations in Table A-6 as finalized in the Technical 

Corrections final rule. 

B. Does this action apply to me?

This proposal affects entities required to submit 

annual GHG reports under certain subparts of Part 98. The 

Administrator determined that this action is subject to the 

provisions of Clean Air Act (CAA) section 307(d). See CAA 
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section 307(d)(1)(V) (the provisions of CAA section 307(d) 

apply to “such other actions as the Administrator may 

determine”). Part 98 and this action affect owners and 

operators of fluorinated gas production facilities, 

electric power systems, electrical equipment manufacturing 

facilities, carbon dioxide (CO2) enhanced oil and gas 

recovery projects, acid gas injection projects, geologic 

sequestration projects, importers and exporters of precharged equipment and closed-cell foams, industrial 

wastewater treatment facilities, underground coal mines, 

and industrial waste landfills. Affected categories and 

entities include those listed in Table 1 of this preamble. 

Table 1. Examples of Affected Entities by Category 

Category NAICS Examples of affected facilities 

Fluorinated 

Gas Production 

325120 Industrial gases manufacturing 

facilities. 

Electrical 

Equipment Use 

221121 Electric bulk power 

transmission and control 

facilities. 

Electrical 

Equipment 

Manufacture or 

Refurbishment 

33531 Power transmission and 

distribution switchgear and 

specialty transformers 

manufacturing facilities. 

Importers and 

Exporters of 

Pre-charged 

Equipment and 

Closed-Cell 

Foams 

423730 Air-conditioning equipment 

(except room units) merchant 

wholesalers. 

333415 Air-conditioning equipment 

(except motor vehicle) 

manufacturing. 

336391 Motor vehicle air-conditioning 

manufacturing. 

423620 Air-conditioners, room, 

merchant wholesalers. 

443111 Household appliance stores. 
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Category NAICS Examples of affected facilities 

423730 Automotive air-conditioners 

merchant wholesalers. 

326150 Polyurethane foam products 

manufacturing. 

335313 Circuit breakers, power, 

manufacturing. 

423610 Circuit breakers merchant 

wholesalers. 

CO2 Enhanced 

Oil and Gas 

Recovery 

Projects 

211 Oil and gas extraction projects 

using CO2 enhanced recovery. 

Acid Gas 

Injection 

Projects 

211111 

or 

211112 

Projects that inject acid gas 

containing CO2 underground. 

Geologic 

Sequestration 

Projects 

N/A CO2 geologic sequestration 

projects. 

Underground 

Coal Mines 

212113 Underground anthracite coal 

mining operations. 

212112 Underground bituminous coal 

mining operations. 

Industrial 

Wastewater 

Treatment 

322110 Pulp mills. 

322121 Paper mills. 

322122 Newsprint mills. 

322130 Paperboard mills. 

311611 Meat processing facilities. 

311411 Frozen fruit, juice, and 

vegetable manufacturing 

facilities. 

311421 Fruit and vegetable canning 

facilities. 

325193 Ethanol manufacturing 

facilities. 

324110 Petroleum refineries. 

Industrial 

Waste 

Landfills 

562212 Solid waste landfills. 

322110 Pulp mills. 

322121 Paper mills. 

322122 Newsprint mills. 

322130 Paperboard mills. 

311611 Meat processing facilities. 

311411 Frozen fruit, juice, and 

vegetable manufacturing 

facilities. 
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Category NAICS Examples of affected facilities 

311421 Fruit and vegetable canning 

facilities. 

221320 Sewage treatment facilities. 

 

 Table 1 of this preamble lists the types of entities 

that potentially could be affected by the reporting 

requirements under the nine subparts covered by this 

proposal. However, this list is not intended to be 

exhaustive, but rather provides a guide for readers 

regarding facilities and suppliers likely to be affected by 

this action. Other types of facilities and suppliers not 

listed in the table could also be subject to reporting 

requirements. To determine whether you are affected by 

this action, you should carefully examine the applicability 

criteria found in 40 CFR part 98, subpart A as well as 40 

CFR part 98 subparts L, DD, FF, II, QQ, RR, SS, TT, and UU. 

If you have questions regarding the applicability of this 

action to a particular facility, consult the person listed 

in the FOR FURTHER INFORMATION CONTACT section of this 

preamble. 

C. What should I consider as I prepare my comments to EPA?

1. Submitting CBI. 

Clearly mark the part or all of the information that 

you claim to be CBI. For CBI information in a disk or CD 

ROM that you mail to EPA, mark the outside of the disk or 
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CD ROM as CBI and then identify electronically within the 

disk or CD ROM the specific information that is claimed as 

CBI. In addition to one complete version of the comment 

that includes information claimed as CBI, a copy of the 

comment that does not contain the information claimed as 

CBI must be submitted for inclusion in the public docket. 

Information marked as CBI will not be disclosed except in 

accordance with procedures set forth in 40 CFR part 2. 

Do not submit information that you consider to be CBI 

or otherwise protected through http://www.regulations.gov

or e-mail. Send or deliver information identified as CBI 

to only the mail or hand/courier delivery address listed 

above, attention: Docket ID No. EPA-HQ-OAR-2011-0028. 

If you have any questions about CBI or the procedures 

for claiming CBI, please consult the person identified in 

the “FOR FURTHER INFORMATION CONTACT” section. 

2. Tips for Preparing Your Comments

When submitting comments, remember to: 

Identify the rulemaking by docket number and other 

identifying information (e.g., subject heading, Federal 

Register date and page number). 

Follow directions. EPA may ask you to respond to 

specific questions or organize comments by referencing a 

CFR part or section number. 
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Explain why you agree or disagree, and suggest 

alternatives and substitute language for your requested 

changes. 

Describe any assumptions and provide any technical 

information and/or data that you used. 

If you estimate potential costs or burdens, explain 

how you arrived at your estimate in sufficient detail to 

allow us to reproduce your estimate. 

Provide specific examples to illustrate your concerns 

and suggest alternatives. 

Explain your views as clearly as possible, avoiding 

the use of profanity or personal threats. 

Make sure to submit your information and comments by 

the comment period deadline identified in the preceding 

section titled DATES. To ensure proper receipt by EPA, be 

sure to identify the docket ID number assigned to this 

action in the subject line on the first page of your 

response. You may also provide the name, date, and Federal 

Register citation. 

To expedite review of your comments by Agency staff, 

you are encouraged to send a separate copy of your 

comments, in addition to the copy you submit to the 

official docket, to Carole Cook, U.S. EPA, Office of 

Atmospheric Programs, Climate Change Division, Mail Code 
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6207-J, Washington, DC, 20460, telephone (202) 343–9263, email GHGReportingCBI@epa.gov. You are also encouraged to 

send a separate copy of your CBI information to Carole Cook 

at the provided mailing address in the FOR FURTHER 

INFORMATION CONTACT section. Please do not send CBI to the 

electronic docket or by email. 

II. Background and General Rationale 

A. Background 

On October 30, 2009, EPA published the Mandatory GHG 

Reporting Rule for collecting information regarding GHGs 

from a broad range of industry sectors (74 FR 56260). 

Under Part 98 and its subsequent amendments, certain 

facilities and suppliers above specified thresholds are 

required to report GHG information to EPA annually. For 

facilities, this includes those that directly emit GHGs 

(“direct emitters”) and those that geologically sequester 

or otherwise inject CO2 underground. For suppliers, this 

includes those that supply certain products that would 

result in GHG emissions if released, combusted, or oxidized 

(“suppliers”). The data to be reported consist of GHG 

emission and supply information as well as other data, 

including information necessary to characterize, quantify, 

and verify the reported emissions and supplied quantities. 

In the preamble to Part 98, we stated, “Through a notice 
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and comment process, we will establish those data elements 

that are ‘emissions data’ and therefore [under CAA section 

114(c)] will not be afforded the protections of CBI. As 

part of that exercise, in response to requests provided in 

comments, we may identify classes of information that are 

not emissions data, and are CBI” (74 FR 56287, October 30, 

2009). 

On July 7, 2010, (75 FR 39094) EPA proposed 

confidentiality determinations for Part 98 data elements 

and proposed amending EPA’s regulation for handling CBI to 

add specific procedures for the treatment of Part 98 data. 

The July 7, 2010 CBI proposal proposed confidentiality 

status determinations for the data elements for 31 subparts 

included in the 2009 final Part 98 rule (see 74 FR 56260, 

October 30, 2009), four subparts finalized in July 2010 

(see 75 FR 39736, July 12, 2010), and seven new subparts 

that had been proposed but not yet finalized as of July 

2010 (see 75 FR 18576, 75 FR 18608, and 75 FR 18652, April 

12, 2010). The July 7, 2010 CBI proposal also covered 

proposed changes to the reporting requirements for some of 

the Part 98 subparts finalized in October 2009. These 

changes were proposed in two separate rulemakings (see 75 

FR 18455, April 12, 2010; and 75 FR 33950, June 15, 2010). 
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On August 11, 2010, EPA published another proposed 

amendment to Part 98 to change the description of some 

reported data elements and require reporting of some new 

data elements for some of the Part 98 subparts finalized in 

October 2009 (75 FR 48744; hereinafter referred to as the 

“August 11, 2010 revisions proposal”). EPA issued a 

supplemental CBI proposal that proposed confidentiality 

determinations for the new and revised data elements 

included in the August 11, 2010 revisions notice (75 FR 

43889, July 27, 2010; hereinafter referred to as the “July 

27, 2010 supplemental CBI proposal”). 

On May 26, 2011, EPA published the Final CBI Rule for 

the data elements in 35 Part 98 subparts that were covered 

in the July 2010 proposals, except for those data elements 

in the “Inputs to Emission Equations” data category. In 

that final rule, EPA created 22 data categories (11 for 

direct emitters and 11 for suppliers) and assigned data 

elements in the 35 subparts to appropriate data categories. 

For 16 data categories (eight direct emitter data 

categories and eight supplier data categories), EPA issued 

a category-based final CBI determination for all data 

elements within the category. For another five data 

categories (two direct emitter data categories and three 

supplier data categories), EPA determined that they are not 
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“emission data” under CAA section 114(c) and 40 CFR 

2.301(a)(2)(i) for purposes of determining the GHG 

emissions to be reported under Part 98. However, for the 

reasons explained in the preamble to that rule, EPA did not 

make categorical CBI determination for these five data 

categories but instead evaluated and determined for 

individual data elements in these data categories whether 

they qualify as CBI. As a result, each of these five 

categories contains both data elements determined to be CBI 

and those determined not to be CBI. As explained in more 

detail in Section II.B of this preamble, we did not take 

final action with respect to the data elements in the 

remaining one of the 22 data categories addressed in that 

rule: the “Inputs to Emission Equations” data category. 

In the May 26, 2011 Final CBI Rule, EPA did not 

finalize confidentiality determinations for the data 

elements in five subparts that had been proposed or reproposed at the time of the July 7, 2010 CBI proposal 

(subparts L, DD, QQ, RR, and SS). EPA finalized those five 

subparts and subpart UU1 in two separate actions. On 

December 1, 2010, we finalized subparts L, DD, QQ, and SS 

 

1 EPA initially proposed subparts RR and UU as a single subpart (subpart 

RR); however, as a result of public comments on subpart RR, EPA moved 

all definitions, requirements, and procedures for facilities conducting 

only CO2 injection (without geologic sequestration) into a new subpart 

(subpart UU). Subpart RR retained all definitions, requirements, and 

procedures related to facilities conducting geologic sequestration. 
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(75 FR 74774), and subparts RR and UU (75 FR 75060). As 

explained in Section II.D of this preamble, on November 29, 

2011, we published the Technical Corrections final rule 

that included, among other things, revisions to some 

subpart RR data elements (76 FR 73886). 

The six affected subparts are as follows: 

• Subpart L, Fluorinated Gas Production 

• Subpart DD, Electrical Transmission and Distribution 

Equipment Use 

• Subpart QQ, Importers and Exporters of Fluorinated 

Greenhouse Gases Contained in Pre-charged Equipment or 

Closed-cell Foams 

• Subpart RR, Geologic Sequestration of Carbon Dioxide 

• Subpart SS, Electrical Equipment Manufacture or 

Refurbishment 

• Subpart UU, Injection of Carbon Dioxide. 

As explained in more detail in Section II.C of this 

preamble, EPA is re-proposing confidentiality 

determinations for the data elements in these six subparts. 

The Technical Corrections final rule also contains 

technical corrections, clarifying and other amendments for 

four additional subparts that were covered by the Final CBI 

Rule and the Final Deferral. As explained in more detail 

in Section II.D of this preamble, the revisions to the 

existing data elements in these subparts that are not 

inputs to emission equations do not change the information 
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to be collected and therefore do not affect the 

confidentiality determinations made in the Final CBI Rule. 

However, the Technical Corrections final rule also added 

new data elements that are not inputs to emission equations 

for subparts II and TT. EPA is proposing confidentiality 

determinations in this action for these new data elements. 

As further explained in Section II.D of this preamble, 

the revisions to the existing data elements in these 

subparts that are inputs to emission equations do not 

change the information to be collected and therefore 

generally do not affect Tables A-6 and A-7 to subpart A of 

Part 98, which were finalized in the Final Deferral to 

defer the reporting deadline for inputs to emission 

equations to March 31, 2013, and March 31, 2015, 

respectively. The one exception is that certain revisions 

in the Technical Corrections final rule do re-numerate some 

subpart TT inputs, so EPA is proposing to amend Table A-6 

in this action to reflect this re-numeration. The 

Technical Corrections final rule also added new data 

elements that are inputs to emission equations for subparts 

FF and TT. EPA is proposing to defer the reporting 

deadline for these subpart FF and TT inputs to March 31, 

2013. To accomplish this, EPA is proposing to amend Table 

A-6. 
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The three affected subparts are as follows: 

• Subpart FF, Underground Coal Mines. 

• Subpart II, Industrial Wastewater Treatment. 

• Subpart TT, Industrial Waste Landfills. 

B. Background on data elements in the “inputs to emission 

equations” data category

EPA received numerous public comments on the July 7, 

2010 CBI proposal and the July 27, 2010 supplemental CBI 

proposal. In particular, EPA received comments that raised 

serious concerns regarding the public availability of data 

in the “Inputs to Emission Equations” category. In light 

of some of the comments on inputs to emission equations, 

EPA took three concurrent actions, which are as follows: 

• Call for Information: Information on Inputs to 

Emission Equations under the Mandatory Reporting of 

Greenhouse Gases Rule, 75 FR 81366 (December 27, 

2010).

• Change to the Reporting Date for Certain Data Elements 

Required Under the Mandatory Reporting of Greenhouse 

Gases Rule; Proposed Rule, 75 FR 81350 (December 27, 

2010) (“proposed deferral”). 

• Interim Final Regulation Deferring the Reporting Date 

for Certain Data Elements Required Under the Mandatory 

Reporting of Greenhouse Gases Rule, 75 FR 81338 

(December 27, 2010) (“interim final rule”). 

As explained in the proposed deferral notice, EPA has 

determined that some of the comments on inputs to emission 

equations “warrant in-depth evaluation of the potential 

impact from the release of inputs to emission equations, as 
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well as collection and review of additional information, 

that cannot be completed before the March 31, 2011 

reporting deadline” (75 FR 81350, 81353). We therefore 

issued the proposed deferral to defer the reporting 

deadline for data elements that are inputs to emission 

equations. Because EPA needed time to complete the 

deferral rulemaking, EPA concurrently issued the interim 

final rule to defer reporting of inputs to emission 

equations to August 31, 2011.2 EPA also concurrently issued 

the call for information to collect additional information 

that will assist EPA with the evaluation described above. 

Please see the December 27, 2010 notices for these three 

actions for further details on these actions. 

On August 25, 2011, EPA published the Final Deferral 

(“Change to the Reporting Date for Certain Data Elements 

Required Under the Mandatory Reporting of Greenhouse Gases 

Rule”; 76 FR 53057). In that action, EPA deferred the 

deadline for direct emitter reporters to report “Inputs to 

Emission Equations” data elements. EPA deferred the 

deadline for reporting some of these data elements to March 

31, 2013, and others to March 31, 2015. Data elements with 

the March 31, 2013, reporting deadline are identified in 

 

2 The reporting deadline for year 2010 data required under the Mandatory 

Reporting of Greenhouse Gases Rule has since been extended to September 

30, 2011. See 76 FR 14812 (March 18, 2011). 
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Table A-6 to subpart A and those with the March 31, 2015, 

reporting deadline are identified in Table A-7 to subpart 

A. 

As explained further in Section II.D of this preamble, 

the tables in the Final Deferral do not reflect the changes 

or additions to inputs to equations in the Technical 

Corrections final rule. EPA is therefore proposing to 

amend Table A-6 to require reporting of the new inputs by 

March 31, 2013, and to re-numerate certain section 

references as finalized in the Technical Corrections final 

rule. 

C. What is the rationale for re-proposing the CBI 

determinations for six subparts?

EPA included the data elements in the proposed 

subparts L, DD, QQ, RR, and SS in the July 7, 2010 CBI 

proposal because EPA did not anticipate any significant 

change to these data elements when finalizing these 

subparts. However, EPA received comments on these proposed 

subparts recommending significant changes to some of the 

data elements in these subparts. In addition, EPA received 

numerous comments on the July 7, 2010 CBI proposal 

requesting another opportunity to comment on the final set 

of data elements in these six subparts after their 

promulgation. After the subparts were promulgated, EPA 
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evaluated the changes made between proposal and 

promulgation. It was clear that there were significant 

changes to the data elements in these subparts since 

proposal. There were changes in the types of data to be 

submitted, and new data elements were added. The changes 

also included definition changes and clarifications as well 

as technical changes that affected many of the data 

reporting categories and data elements. Further, we split 

off portions of the proposed subpart RR and created a new 

subpart UU. Given these significant changes, EPA agreed 

that an opportunity to comment on the confidentiality of 

data elements in these final six subparts is warranted. 

EPA is therefore re-proposing the confidentiality 

determinations for the data elements in the final six 

subparts. 

Because this is a re-proposal, EPA is not responding 

to previous comments submitted on the July 7, 2010 CBI 

proposal relative to the data elements in these subparts. 

Although EPA considered those comments when developing this 

re-proposal, we encourage you to resubmit such comments to 

ensure their consideration and response by EPA in this 

rulemaking. In resubmitting previous comments, please make 

any necessary changes to clarify that you are addressing 

the re-proposal and add details as requested above. 
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D. How does the Technical Revisions Final Rule affect this 

action?

On, November 29, 2011, EPA finalized technical 

corrections, clarifying and other amendments to subparts W, 

FF, II, OO, RR, and TT of Part 98 in the Technical 

Corrections final rule (76 FR 73886). The final rule 

includes minor wording clarifications and editorial 

corrections to 44 data elements in subpart RR, which do not 

change the information to be reported to EPA. For example, 

several subpart RR data elements were revised to correct a 

rule citation, such as from paragraph (a)(5) to (a)(4). In 

this action, our confidentiality determination re-proposal 

includes the 44 data elements in subpart RR as revised in 

the Technical Corrections final rule. Because the 

revisions do not change the information to be collected 

under this subpart, we believe that it is appropriate to 

propose confidentiality determinations for these 44 data 

elements as finalized in the Technical Corrections final 

rule. 

The Technical Corrections final rule similarly 

includes revisions to seventeen data elements in subparts 

FF, II, OO, and TT that are minor wording clarifications 

and editorial corrections. As mentioned in Section II.B of 

this preamble, on May 28, 2011, EPA issued final 
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confidentiality determinations for all non-input data 

elements in 35 subparts in part 98, including these 17 data 

elements in subparts FF, II, OO, and TT. The revisions to 

the 17 data elements in these four subparts do not change 

the information to be reported to EPA under these 

requirements and therefore do not affect the May 26, 2011, 

final confidentiality determinations for these 17 data 

elements. We are not addressing these revisions in this 

action. 

In addition to the technical corrections described 

above, the Technical Corrections final rule includes adding 

seven new non-input data elements to subparts II and TT. 

Because these new data elements were finalized after EPA’s 

issuance of the final confidentiality determinations for 

data elements in subparts II and TT and therefore not 

covered by that action, we are proposing confidentiality 

determinations for these seven data elements in this 

action. We followed the same approach to category 

selection and confidentiality determinations as was 

finalized in the Final CBI Rule and as is followed for the 

six subparts in this action. 

The Technical Corrections final rule also revises 21 

existing inputs to equations in subparts FF, II, and TT. 

The revisions do not change the information to be reported 
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to EPA under these requirements. For 18 of the 21 inputs, 

the revisions do not affect the August 25, 2011, final 

deferral. For the other three inputs, however, the 

revisions do re-numerate section references to three 

subpart TT equation inputs. These equation inputs were 

added in the August 25, 2011, final deferral to Table A-6 

to subpart A of part 98, which lists by section the inputs 

to equations to be reported by March 31, 2013. We are 

therefore proposing in this action to amend Table A-6 to 

re-numerate three subpart TT equation inputs as finalized 

in the Technical Corrections final rule. 

Lastly, in the Technical Corrections final rule, two 

new equation inputs were added to subpart FF and one new 

equation input was added to subpart TT. In this action, 

EPA is proposing to defer the reporting deadline for these 

three equation inputs to March 31, 2013. As with other 

equation inputs, EPA is in the process of evaluating the 

sensitivity of these three equation inputs, and we believe 

that we can complete our evaluation before March 31, 2013, 

the current reporting deadline for the equation inputs 

listed in Table A-6 of Subpart A. EPA is therefore 

proposing to add these inputs to Table A-6 to require their 

reporting by March 31, 2013. In the Technical Corrections 

final rule, we added the two new subpart FF inputs to 
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equations to the reporting requirements at 40 CFR part 

98.326(o). This regulatory paragraph is already included 

in Table A-6 to subpart A for reporting by March 31, 2013, 

so we are not proposing in this action to amend Table A-6 

to account for the new subpart FF inputs to equations. 

However, the new subpart TT equation input is not yet 

included in Table A-6. We are therefore proposing in this 

action to amend Table A-6 to add it and require its 

reporting by March 31, 2013. 

III. Re-Proposal of CBI Determinations for Six Subparts 

A. Overview

We propose to apply categorical confidentiality 

determinations made in the Final CBI Rule to the data 

elements in these six subparts that are assigned to those 

categories. In this section, we are requesting comment on 

two aspects of this proposal. First, we seek comment on 

the proposed data category assignment for each of these 

data elements. Second, for those data elements assigned to 

the five data categories without categorical CBI 

determinations, we seek comment on the individual 

confidentiality determinations we are proposing for these 

data elements. 

In the Final CBI Rule, EPA created 22 data categories 

and assigned data elements in 35 subparts to appropriate 
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data categories. In this re-proposal, EPA similarly 

proposes to assign each data element in the final subparts 

L, DD, QQ, RR, SS, and UU to one of 21 data categories3

based on the type and characteristics of the data element. 

For example, data elements that refer to the amount and 

composition of raw material (excluding fuel) consumed as 

inputs to the production process have been assigned to the 

“Raw Materials Consumed That Are Not Inputs to Emission 

Equations” data category. For a list of the proposed 

category assignments (excluding inputs to emission 

equations) for the data elements in these subparts, please 

see the Memorandum entitled “Docket EPA-HQ-OAR-2011-0028 

Memo A.” Because the data categories created in the Final 

CBI Rule are sufficient in scope to cover the data elements 

in these six subparts, no new data categories are being 

proposed. For a description of each data category and the 

type and characteristics of data elements assigned to them, 

please see Sections II.C and II.D of the July 7, 2010 CBI 

proposal. 

As mentioned earlier in this preamble and shown in 

Tables 2 and 3 of this preamble, in the Final CBI Rule, EPA 

 

3 As previously mentioned, this proposal does not address data elements 

in the “Inputs to Emission Equations” data category. For data elements 

in these seven subparts that are assigned to the “Inputs to Emission 

Equations” category, please see the Memorandum entitled “[Docket EPAHQ-OAR-2011-0028 Memo B].” 
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made categorical confidentiality determinations (i.e., one 

determination that applies to all data elements in that 

category) for 16 data categories (eight direct emitter data 

categories and eight supplier data categories). For the 

remaining five data categories (two direct emitter data 

categories and three supplier data categories), EPA 

determined that they are not “emission data” for purposes 

of determining GHG emission to be reported under Part 98 

data elements but did not make categorical determinations 

regarding their CBI status. The final categorical 

determinations described above would apply to the data 

elements in the six subparts that EPA assigns to these 

categories through this rulemaking. We are soliciting 

comments on the proposed category assignments for the data 

elements in these six subparts. If you believe that EPA 

has improperly assigned certain data elements in these six 

subparts to the data categories, please provide specific 

comments identifying which data elements may be misassigned along with a detailed rationale for why they are 

not correctly assigned and in which data category they 

belong. In addition, if you believe that a data element 

should be assigned to one of the five categories that do 

not have a categorical confidentiality determination, 

please also provide specific comment along with detailed 
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rationale and supporting information on whether such data 

element does or does not qualify as CBI. 

As mentioned above, for five data categories (two 

direct emitter data categories and three supplier data 

categories), we determined in the Final CBI Rule that the 

data elements assigned to these data categories are not 

emission data for purposes of determining the GHG emissions 

to be reported under Part 98. However, for the reasons 

stated in the preambles to the proposed and the Final CBI 

Rule, we made final CBI determinations for individual data 

elements assigned to those categories. In making these 

individual CBI determinations, we considered the 

confidentiality determination criteria at 40 CFR 2.208, in 

particular whether release of the data is likely to cause 

substantial harm to the business’s competitive position. 

See 40 CFR 2.208(e)(1). Consistent with that approach, we 

now propose to determine for individual data elements in 

these five data categories whether they qualify as CBI. 

For EPA’s proposed CBI determinations for these data 

elements, please see Section III.B of this preamble for 

data elements in the two direct emitter data categories and 

Section III.C of this preamble for data elements in the 

three supplier data categories. EPA seeks comment on the 

proposed CBI determinations for the data elements in these 
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five categories. When submitting a comment disagreeing 

with a proposed determination, please provide detailed 

supporting information on why the individual data element 

does or does not qualify as CBI. 

Tables 2 and 3 of this preamble summarize the actions 

taken in the Final CBI Rule for 21 of the 22 data 

categories created in that notice (excluding the “Inputs to 

Emission Equations” data category). 

Table 2. Summary of Final Confidentiality Determinations 

for Direct Emitter Data Categories 

Data Category 

Confidentiality Determination for 

Data Elements in Each Category 

Emission 

Dataa

Data That 

Are Not 

Emission 

Data and 

Not CBI 

Data That 

Are Not 

Emission 

Data But 

Are CBIb

Facility and Unit 

Identifier 

Information 

X 

Emissions X 

Calculation 

Methodology and 

Methodological Tier 

X 

Data Elements 

Reported for Periods 

of Missing Data that 

are Not Inputs to 

Emission Equations 

X 

Unit/Process “Static” 

Characteristics that 

are Not Inputs to 

Emission Equations 

 Xc Xc

Unit/Process 

Operating 

Characteristics that 

are Not Inputs to 

Emission Equations 

 Xc Xc
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Data Category 

Confidentiality Determination for 

Data Elements in Each Category 

Emission 

Dataa

Data That 

Are Not 

Emission 

Data and 

Not CBI 

Data That 

Are Not 

Emission 

Data But 

Are CBIb

Test and Calibration 

Methods 

 X 

Production/Throughput 

Data that are Not 

Inputs to Emission 

Equations 

 X 

Raw Materials 

Consumed that are Not 

Inputs to Emission 

Equations 

 X 

Process-Specific and 

Vendor Data Submitted 

in BAMM Extension 

Requests 

 X 

a Under CAA section 114(c), “emission data” are not entitled to 

confidential treatment. The term “emission data” is defined at 40 CFR 

2.301(a)(2)(i). 

b Section 114(c) of the CAA affords confidential treatment to data 

(except emission data) that are considered CBI. 

c In the Final CBI Rule, this data category contains both data elements 

determined to be CBI and those determined not to be CBI. 

Table 3. Summary of Final Confidentiality Determinations 

for Supplier Data Categories 

Data Category 

Confidentiality Determinations for Data 

Elements in Each Category 

Emission 

Dataa

Data That Are 

Not Emission 

Data and Not 

CBI 

Data That Are 

Not Emission 

Data But Are 

CBIb

GHGs Reported X

c Xc

Production/ 

Throughput 

Quantities and 

Composition 

 Xc X

c

Identification 

Information 

X 

Unit/Process 

Operating 

Characteristics 

 Xc X

c
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Data Category 

Confidentiality Determinations for Data 

Elements in Each Category 

Emission 

Dataa

Data That Are 

Not Emission 

Data and Not 

CBI 

Data That Are 

Not Emission 

Data But Are 

CBIb

Calculation, Test, 

and Calibration 

Methods 

 X 

Data Elements 

Reported for 

Periods of Missing 

Data that are Not 

Related to 

Production/ 

Throughput or 

Materials Received 

 X 

Emission Factors X 

Amount and 

Composition of 

materials received 

 X 

Data Elements 

Reported for 

Periods of Missing 

Data That are 

Related to 

Production/ 

Throughput or 

Materials Received 

 X 

Supplier Customer 

and Vendor 

Information 

X 

Process-Specific 

and Vendor Data 

Submitted in BAMM 

Extension Requests 

X 

a Under CAA section 114(c), “emission data” are not entitled to 

confidential treatment. The term “emission data” is defined at 40 CFR 

2.301(a)(2)(i). 

b Section 114(c) of the CAA affords confidential treatment to data 

(except emission data) that are considered CBI. 

c In the Final CBI Rule, this data category contains both data elements 

determined to be CBI and those determined not to be CBI. 

B. Direct Emitter Data Categories
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For direct emitter subparts L, DD, RR4, and SS, EPA 

proposes to assign each data element to one of 10 direct 

emitter data categories. Please see the Memorandum 

entitled “Docket EPA-HQ-OAR-2011-0028 Memo A” for a list 

of the data elements in these subparts and their proposed 

category assignment. In the Final CBI Rule, EPA made 

categorical confidentiality determinations for eight direct 

emitter data categories. EPA proposes to apply those final 

determinations to the data elements assigned to those 

categories in this rulemaking. For the data elements in 

the two direct emitter data categories that do not have 

categorical confidentiality determinations, we are 

proposing on an individual data element basis whether or 

not they qualify as CBI.5 

The following two direct emitter data categories do 

not have category-based CBI determinations: “Unit/Process 

‘Static’ Characteristics That are Not Inputs to Emission 

Equations” and “Unit/Process Operating Characteristics That 

are Not Inputs to Emission Equations.” For these two 

 

4 Subpart RR is neither a direct emitter nor a supplier source category. 

For the purposes of this action, EPA placed each subpart RR data 

element into one of the two categories based on its type and 

characteristics. 

5 As mentioned above, EPA determined that data elements in these two 

categories are not “emission data” under CAA section 114(c) and 40 CFR 

2.301(a)(2)(i) for purposes of determining the GHG emissions to be 

reported under Part 98. That determination would apply to data 

elements in these six subparts assigned to those categories through 

this rulemaking. 
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categories, EPA evaluated the individual data elements 

assigned to these categories to determine whether 

individual data elements qualify as CBI. In the sections 

below, EPA explains the data elements in these two 

categories by subpart and states the reasons for proposing 

to determine that each does or does not qualify as CBI 

under CAA section 114(c). EPA is specifically soliciting 

comments on the CBI proposals for data elements in these 

two data categories. In each subpart section below, the 

data elements that are part of the annual GHG report 

submission are identified in bulleted lists. Any data 

elements that are part of subpart-specific BAMM use 

extension requests are discussed but not individually 

listed because they are repetitive (for example, there are 

several data elements that slightly differ by only a date 

or equipment type), lengthy, and numerous. These data 

elements are listed individually by data category and 

proposed confidentiality determination in the Memorandum 

entitled “Docket EPA-HQ-OAR-2011-0028 Memo A.” In the 

subpart RR section below, EPA also identifies in a bulleted 

list four data elements for which we considered multiple 

approaches to making a CBI determination and one data 

element for which we considered multiple approaches to 

making a data category assignment. We specifically request 
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comment on the proposed approaches for these five subpart 

RR data elements. 

1. Subpart L - Fluorinated Gas Production.

The “Unit/Process ‘Static’ Characteristics That are 

Not Inputs to Emission Equations” data category. 

EPA is proposing to assign one subpart L data element 

to the “Unit/Process 'Static' Characteristics That are Not 

Inputs to Emission Equations” data category because it is a 

basic facility-specific characteristic that does not vary 

with time or with the operations of the process (and is not 

an input to an emission equation). The data element is: 

• Location and function of the stream(s) (including 

process streams, emissions streams, and destroyed 

streams) that were analyzed under the initial scoping 

speciation of fluorinated GHG at 40 CFR 98.124(a), by 

process. (proposed as CBI)

EPA proposes to determine that disclosure of this data 

element would likely result in substantial competitive harm 

if released and therefore will be protected as confidential 

business information. EPA finds that this data element 

could provide insight into the manufacturing process and 

the configuration of the facility, such as which process 

equipment is sending streams to which process equipment. 

This could reveal information about configuration 

efficiencies that the reporter has developed, generally at 
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great expense and time investment, to minimize 

manufacturing cost and to maximize the manufacturing rate. 

If a competitor could review such information on 

configuration, the competitor would be able to adopt the 

reporter’s efficiency practices with less development time 

and expense and would gain competitive advantage at the 

expense of the reporter’s competitive advantage. 

Therefore, EPA finds that releasing the data element 

describing the location and function of the process streams 

would likely result in substantial competitive harm, and 

EPA proposes to determine that this data element qualifies 

for protection as confidential business information. 

The “Unit/process Operating Characteristics That Are 

Not Inputs to Emission Equations” data category. 

EPA is proposing to assign 23 subpart L data elements 

to the “Unit/process Operating Characteristics That are Not 

Inputs to Emission Equations” data category because they 

are characteristics of units, equipment, abatement devices, 

and other facility-specific characteristics that vary over 

time with changes in operations and processes (and are not 

inputs to emission equations). Twenty-two of these data 

elements are part of extension requests for the use of BAMM 

and relate to the reasons for a request and expected dates 
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of compliance with reporting requirements. One is part of 

the annual GHG report and is listed here: 

• Name of all applicable Federal or State regulations 

that may apply to the destruction process. 

As discussed in more detail below, EPA is proposing 

that seven data elements in the “Unit/process Operating 

Characteristics That Are Not Inputs to Emission Equations” 

data category are CBI. (All seven are part of data 

elements included in BAMM use extension requests.) EPA is 

proposing to determine that the other data elements in the 

“Unit/process Operating Characteristics That Are Not Inputs 

to Emission Equations” data category are not CBI. 

EPA proposes to determine that the annual GHG report 

data element in this category is not CBI. The Federal and 

State regulations that may apply to a fluorinated GHG 

destruction process or device are already part of the 

public record as part of the facility’s Title V operating 

permit or minor source air emissions permit. Furthermore, 

Federal regulations are published in the CFR (e.g., 

Miscellaneous Organic NESHAP is published at 40 CFR part 

63, subpart FFFF) and State regulations are similarly 

published (e.g., the Louisiana Administrative Code 33: 

III.501.C.6 is published in the Louisiana Register). 

Because this information is publicly available it does not 
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qualify for protection as confidential business information 

and will be considered to be non-CBI. 

EPA proposes to determine that seven of the 22 data 

elements included in BAMM use extension requests qualify as 

CBI because their disclosure would likely cause substantial 

harm to the reporter’s competitive positions (each data 

element and its proposed category assignment are listed by 

data category in the Memorandum entitled “Docket EPA-HQOAR-2011-0028, Memo A.”) Three of these data elements 

reveal the reason for requesting a BAMM extension and the 

reason why equipment was not (or could not be) installed. 

EPA has reviewed a number of BAMM use extension requests 

and determined that these three data elements contain 

detailed information, such as process diagrams and 

operational information. Process diagrams and operational 

information could provide insight into configuration 

efficiencies that the reporter has developed, generally at 

great expense and time investment, to minimize 

manufacturing cost and to maximize the manufacturing rate. 

If a competitor could review such information on the 

reporter’s configuration, the competitor would be able to 

adopt the reporter’s efficiency practices with less 

development time or expense and would gain competitive 

advantage at the expense of the reporter’s competitive 
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advantage. Therefore, EPA finds that releasing the reasons 

for requesting a BAMM use extension would likely result in 

substantial competitive harm, and EPA proposes to determine 

that this information will be treated as confidential 

business information. 

We also propose to find that four other data elements 

that divulge when an owner or operator will be able to 

attain data, equipment, or measurements to comply with 

reporting requirements are eligible for confidential 

treatment. These data elements would reveal information 

about the installation date of equipment and the date of 

anticipated startup. This could provide sensitive 

information regarding future process shutdowns, and likely 

would cause substantial competitive harm if disclosed 

because competitors could use this information to 

anticipate and potentially benefit from future decreases in 

product supply. For example, a competitor able to 

anticipate the shutdown of a reporter’s facility and 

resulting decrease in product supply, could use this 

information to attract customers away from a reporter by 

increasing its own production or could adjust the price of 

its own products. 

EPA proposes to determine that the remaining 15 data 

elements included in BAMM use extension requests do not 
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qualify as CBI. These are narrow data elements that focus 

on specific reasons for the BAMM extension, such as proof 

of service or equipment backorder, technical 

infeasibilities, and conflicting safety regulations or 

laws. Additionally, three of these data elements are 

descriptions of how the facility will prepare to meet 

requirements by the end of the BAMM period. These data 

elements do not contain detailed information, such as 

process diagrams and operational information. Rather, they 

are information on administrative activities and regulatory 

requirements to which the facility is subject that are not 

protected as proprietary by the reporting facilities. 

Therefore, EPA proposes to determine that these are not 

data elements the disclosure of which would likely cause 

substantial competitive harm and will not be protected as 

CBI. They will be considered non-CBI. 

Finally, three of these data elements are illustrative 

documentation such as photographs and engineering diagrams 

that demonstrate how access to process streams, emissions 

streams, or destroyed streams could not be gained without 

process shutdown. Based on the type of documentation that 

EPA has received, EPA finds that these illustrative 

diagrams and photographs sent by reporters generally do not 

provide insight into the reporter’s production processes or 
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operational efficiencies because they only show information 

that is relevant to the access point in question and 

processes immediately upstream and downstream of that 

access point. Therefore, EPA proposes to determine that 

disclosure of these data elements is not likely to cause 

substantial competitive harm; therefore, they do not 

qualify for protection as CBI and will be considered to be 

non-CBI. 

EPA is soliciting comments on EPA’s proposed 

determinations described above. When submitting a comment 

disagreeing with a proposed determination, please identify 

the specific data element(s) and provide detailed 

supporting information on why EPA’s proposed determination 

is not appropriate and why such data element(s) do or do 

not qualify as CBI. 

2. Subpart DD - Electrical Transmission and Distribution 

Equipment Use.

Subpart DD covers facilities that move electricity 

rather than produce or process a product. EPA is proposing 

to assign three subpart DD data elements to the 

“Unit/Process 'Static' Characteristics That are Not Inputs 

to Emission Equations” data category because they are basic 

characteristics of equipment and facility-specific lines 

that do not vary with time or with the operations of the 
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process (and are not inputs to emission equations). These 

three data elements are: 

• Nameplate capacity of equipment containing sulfur 

hexafluoride (SF6) or perfluorocarbon (PFC) existing as 

of the beginning of the year (excluding hermetically 

sealed-pressure switchgear). 

• Transmission miles (length of lines carrying voltage 

at or above 34.5 kilovolt). 

• Distribution miles (length of lines carrying voltages 

at or below 35 kilovolt). 

EPA is proposing that all data elements in this data 

category are non-CBI. Nameplate capacity is the engineered 

volume of SF6 or PFC contained in transmission and 

distribution equipment. Total nameplate capacity can vary 

significantly from facility to facility depending on the 

total number of pieces of equipment used, the age and 

manufacture of equipment, the location of the equipment 

(e.g., urban vs. rural), climatic conditions, number of 

transmission or distribution miles within the facility, 

etc. Information about nameplate capacity does not provide 

insight into the performance (ability to transmit or 

distribute electricity) or the operational efficiency for 

this type of facility that would likely cause substantial 

competitive harm if disclosed. Therefore, the disclosure 

of the nameplate capacity data element is not likely to 
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cause substantial competitive harm, and EPA is proposing it 

as non-CBI. 

Moreover, data on transmission and distribution miles 

is also publicly available in the Platts UDI Directory of 

Electric Power Producers and Distributers6, which can be 

purchased by any interested party. Disclosure of these 

data by EPA does not provide any additional insight into 

facility-specific operating conditions or process design or 

to any other proprietary or sensitive information that 

would give insight for competitors to gain an advantage 

over the reporter. Because this information is publicly 

available, EPA proposes to determine that these data 

elements are not confidential; they will be considered nonCBI. 

EPA is soliciting comments on EPA’s proposed 

determinations described above. When submitting a comment 

disagreeing with a proposed determination, please identify 

the specific data element(s) and provide detailed 

supporting information on why EPA’s proposed determination 

is not appropriate and why such data element(s) do or do 

not qualify as CBI. 

3. Subpart RR - Geologic Sequestration of Carbon Dioxide.

 

6 http://www.platts.com/Products/electricpowerproducerdirectory 
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Subpart RR is neither an exclusively direct emitter 

nor a supplier source category, so for the purposes of this 

action EPA assigned each subpart RR data element to one of 

the two groups based on its type and characteristics. EPA 

assigned subpart RR data elements that pertain to surface 

leakage to one of the direct emitter data categories and 

the remaining subpart RR data elements to one of the 

supplier data categories. 

For the following five subpart RR data elements in the 

direct emitter “Test & Calibration Methods” data category, 

EPA considered multiple approaches to making a CBI 

determination: 

• “MRV plans (monitoring, reporting, and verification) 

and revised MRV plans,” which must contain, among 

other components, the delineation of the maximum 

monitoring area and the active monitoring areas; 

identification of potential surface leakage pathways 

for CO2 in the maximum monitoring area and the 

likelihood, magnitude, and timing, of surface leakage 

of CO2 through these pathways; a strategy for detecting 

and quantifying any surface leakage of CO2; a strategy 

for establishing the expected baselines for monitoring 

CO2 surface leakage; and a summary of the 

considerations you intend to use to calculate sitespecific variables for the mass balance equation. 

• Annual monitoring report: Narrative history of the 

monitoring efforts conducted over the previous 

calendar year (in annual monitoring reports). 

• Annual monitoring report: Description of any changes 

to the monitoring program that were not material 

changes warranting submission of a revised MRV plan 

(in annual monitoring reports). 
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• Annual monitoring report: Narrative history of any 

monitoring anomalies that were detected in the 

previous calendar year and how they were investigated 

and resolved (in annual monitoring reports). 

• A request for discontinuation of reporting must 

contain either 40 CFR 98.441(b)(2)(i) or (b)(2)(ii): 

(ii) For all other wells, and as an alternative for 

wells permitted as Class VI under the Underground 

Injection Control program, a demonstration that 

current monitoring and model(s) show that the injected 

CO2 stream is not expected to migrate in the future in 

a manner likely to result in surface leakage. 

EPA is proposing to assign these five data elements to 

the “Test & Calibration Methods” data category because they 

are information about methods that are or were used to 

demonstrate that the injected CO2 stream is not expected to 

migrate in the future in a manner likely to result in 

surface leakage. For these five data elements, EPA 

considered deviating from the determination that all data 

elements in the “Test & Calibration Methods” category are 

not entitled to CBI treatment. We evaluated whether the 

level of detail and information in these documents will 

vary so much from reporter to reporter based on sitespecific conditions that a confidentiality determination 

cannot be made until the material is submitted and closely 

evaluated by EPA on a case-by-case basis. For the “MRV 

plans and revised MRV plans” data element, EPA further 

evaluated whether some specific elements, methods, or 

supportive material are entitled to CBI treatment or 
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require case-by-case evaluation so that they should be 

broken out as their own data elements. Having considered 

these approaches, we nonetheless find that disclosure by 

EPA of the details in these five data elements would not 

provide insight to competitors about proprietary 

information. These data elements reveal information about 

monitoring techniques for which information is publicly 

available in the scientific community about their 

effectiveness, such as in conference papers and peer 

reviewed journal articles7. The “MRV plans and revised MRV 

plans” data element does not contain the monitoring results 

that are obtained after implementation of the MRV plan, or 

project information the disclosure of which is likely to 

cause substantial competitive harm. For the 

discontinuation of reporting data element, the reporter 

will not submit this information to EPA until after the 

injection has ceased and the well or group of wells have 

been plugged or abandoned, and thus the public availability 

upon EPA’s release of this information is not likely to 

cause substantial harm to the reporter’s competitive 

position. Therefore, we are proposing that the five data 

elements listed above merit the same confidentiality 

 

7 For example, see papers from the International Conference on 

Greenhouse Gas Control Technologies 
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determination as the other data elements in the “Test & 

Calibration Methods” data category (not CBI). 

We seek comment on this determination and any 

rationale for or against this approach. EPA notes that 

until this action is finalized, EPA will make case-by-case 

confidentiality determinations for materials submitted to 

EPA under subpart RR, including “MRV plans and revised MRV 

plans.” 

For the following subpart RR data element in the 

“Calculation Methodology and Methodological Tier” data 

category, EPA considered multiple approaches to making a 

data category assignment: 

• Annual monitoring report: A description of any surface 

leakages of CO2, including a discussion of all 

methodologies and technologies involved in detecting 

and quantifying the surface leakages and any 

assumptions and uncertainties involved in calculating 

the amount of CO2 emitted. 

EPA considered assigning this data element to the 

“Calculation Methodology and Methodological Tier” data 

category, and EPA considered assigning it to the “Test & 

Calibration Methods” category, as was done with the other 

annual monitoring report data elements, and either 

following the category-wide non-CBI determination or making 

a CBI determination on a case-by-case basis once the 

material is submitted and closely evaluated by EPA. Having 
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considered these options, we ultimately determined that 

this data element provides the methodologies, technologies, 

and assumptions used by reporters to calculate the mass of 

CO2 emitted from surface leakage. Therefore, we are 

proposing to assign the data element to the “Calculation 

Methodology and Methodological Tier” data category, which 

is limited to data elements that EPA has determined to be 

“emission data” under CAA section 114(c) and 40 CFR 

2.301(a)(2)(i) for purposes of determining the GHG 

emissions to be reported under Part 98 and therefore not 

entitled to confidential treatment. We seek comment on 

this determination and any rationale for or against this 

approach. 

4. Subpart SS - Electrical Equipment Manufacture or 

Refurbishment.

EPA is not proposing to assign any subpart SS data 

elements to the “Unit/process Static Characteristics That 

are Not Inputs to Emission Equations” or the “Unit/process 

Operating Characteristics That are Not Inputs to Emission 

Equations” data category. 

The subpart SS data elements are listed individually 

by data category and proposed confidentiality determination 

in the Memorandum entitled “Docket EPA-HQ-OAR-2011-0028 

Memo A.” 
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C. GHG Supplier Data Categories

For supplier subparts QQ, RR, and UU8, EPA is assigning 

each data element to one of eleven supplier data 

categories. For the data elements in three data 

categories, we are proposing whether or not each separate 

data element is entitled to confidential treatment. 

As mentioned above in Section III.B of this preamble, 

for the eight data categories with category-based final 

determinations, EPA will apply these determinations to all 

the data elements assigned to those categories from the six 

subparts. EPA’s rationale for the final CBI determination 

can be found in the preamble to the Final CBI Rule (76 FR 

30782). For a list of the proposed category assignments 

(excluding inputs to emission equations) for the data 

elements in these subparts, please see the Memorandum 

entitled “Docket EPA-HQ-OAR-2011-0028 Memo A.” 

With respect to the three supplier data categories 

that have been determined not to be emission data but do 

not have category based confidentiality determinations 

(“GHGs Reported,” “Production/Throughput Quantities and 

Composition,” and “Unit/Process Operating 

 

8 Subparts RR and UU are neither exclusively direct emitter nor supplier 

source categories. For the purposes of this action, EPA placed each 

subpart RR data element into one of the two categories based on its 

type and characteristics. EPA placed all subpart UU data elements into 

the supplier source category based on their type and characteristics. 
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Characteristics”), EPA evaluated the individual data 

elements in the six subparts assigned to these categories 

to determine whether they qualify as CBI. In the sections 

below, EPA lists the data elements in the three categories 

by subpart and states the reasons for proposing to 

determine that these data elements do or do not qualify for 

protection as CBI under Freedom of Information Act (FOIA) 

exemption 4, CAA section 114(c), and EPA regulations at 40 

CFR 2.208 and 2.301. EPA is emphasizing that we request 

comment on these proposals. 

1. Subpart QQ - Importers and Exporters of Fluorinated 

Greenhouse Gases Contained in Pre-charged Equipment or 

Closed-cell Foams.

EPA is proposing to assign 10 data elements to the 

“GHGs Reported” data category because they are the actual 

GHGs reported as imported or exported. Five of the data 

elements are for importers and five are for exporters. The 

importer and exporter data elements are identical except 

for whether they are specific to importers or exporters, so 

we have combined the analogous data elements in the five 

bullets in the list below to reduce repetition. Note that 

all 10 data elements represented in this specific case are 

also in the “Production/Throughput Quantities and 
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Composition” data category because the GHG reported is also 

the product being imported or exported.9 

• Total mass of each fluorinated greenhouse gas (F-GHG) 

imported/exported in pre-charged equipment or closedcell foams. 

• Identity of imported/exported F-GHG used as a 

refrigerant or electrical insulator. 

• Identity of the imported/exported F-GHG contained in 

the closed-cell foam in each appliance. 

• Identity of the imported/exported F-GHG in the foam. 

• If the importer/exporter does not know the identity 

and mass of the fluorinated GHGs within the closedcell foam: total mass in metric tons of CO2e of the 

fluorinated GHGs imported/exported in closed-cell 

foams. 

EPA is proposing to assign 30 data elements to the 

“Production/Throughput Quantities and Composition” data 

category because they refer to the composition and 

quantities of the products imported and exported. Ten of 

the data elements are in the “GHGs Reported” data category 

list above because the product imported or exported is also 

the GHG reported; they are not repeated in the list below. 

For the other 20 data elements in this data category, the 

10 importer data elements and 10 exporter data elements are 

identical except for whether they are specific to importers 

or exporters. Therefore, we have combined the analogous 

 

9 Where a data element is included in more than one data category, we 

are proposing the same CBI determination for that data element in both 

categories. 
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data elements in the 10 bullets in the list below to reduce 

repetition. 

• Charge size (holding charge, if applicable) for each 

type of pre-charged equipment imported/exported. 

• Number of pre-charged equipment imported/exported. 

• Mass of the imported/exported F-GHG contained in the 

foam in each appliance. 

• Number of appliances imported/exported. 

• Density of the imported/exported F-GHG in the foam. 

• Volume of foam imported/exported. 

• If the importer/exporter does not know the identity 

and mass of the fluorinated GHGs within the closedcell foam: For closed-cell foams that are 

imported/exported inside of appliances, the mass of 

the fluorinated GHGs in CO2e contained in the foam in 

each appliance. 

• If the importer/exporter does not know the identity 

and mass of the fluorinated GHGs within the closedcell foam: For closed-cell foams that are 

imported/exported inside of appliances, the number of 

appliances imported/exported for each type of 

appliance. 

• If the importer/exporter does not know the identity 

and mass of the fluorinated GHGs within the closedcell foam: For closed-cell foams that are not 

imported/exported inside of appliances, the mass in 

CO2e of the fluorinated GHGs in the foam. 

• If the importer/exporter does not know the identity 

and mass of the fluorinated GHGs within the closedcell foam: For closed-cell foams that are not 

imported/exported inside of appliances, the volume of 

foam imported/exported for each type of closed-cell 

foam. 

For subpart QQ, EPA is proposing that all data 

elements in the “GHGs Reported” and “Production/Throughput 

Quantities and Composition” data categories be considered 
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CBI. These data categories contain importer- and exporterlevel production information (mass, volume, density, 

quantity, or identity of the equipment or foam or 

fluorinated gas within the equipment or foam), reported 

separately for pre-charged equipment, closed-cell foam, and 

for appliances that contain closed-cell foam. EPA proposes 

to determine that these importer- and exporter-level 

product-specific GHG data are to be considered CBI because 

the disclosure of these data elements would likely cause 

substantial harm to the competitive positions of businesses 

reporting these data. Releasing these data could be 

detrimental to the operational and marketing strategies of 

the reporting parties, as explained in the following 

example. 

The disclosure of the volume of foam or the count of 

appliances or equipment exported provides insight into a 

firm’s market share and financial performance. For 

example, product import or export data could reveal whether 

a U.S. firm is experiencing rapid growth or decline in 

market share. Competitors could use such data to gain a 

competitive advantage over another firm by better 

approximating a firm’s market share. Competitors may be 

able to drive struggling reporters out of business by 

implementing short-term price-cutting tactics. In many 
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cases, an accurate estimate of the market share of a firm 

is difficult to procure, and the disclosure of such 

information through the GHG Reporting Rule could harm the 

competitive position of reporting parties. As previously 

noted, EPA is proposing that all data elements in these two 

data categories (“GHGs Reported” and “Production/Throughput 

Quantities and Composition”) are to be considered CBI. EPA 

is soliciting comments on EPA’s proposed determinations 

described above. When submitting a comment disagreeing 

with a proposed determination, please identify the specific 

data element(s) and provide detailed supporting information 

on why EPA’s proposed determination is not appropriate and 

why such data element(s) do or do not qualify as CBI. 

EPA is proposing to assign eight data elements to the 

“Unit/Process Operating Characteristics” data category 

because they refer to the operating characteristics of the 

supplier, such as dates of shipment. Four data elements 

are for importers and four are for exporters. The importer 

and exporter data elements are identical except for whether 

they relate to imports or exports, so only four bullets 

appear in the list below to reduce repetition. 

• Dates on which pre-charged equipment were 

imported/exported. 

• Dates on which closed-cell foams were 

imported/exported. 
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• If the importer/exporter does not know the identity 

and mass of the fluorinated GHGs within the closedcell foam: Dates on which the closed-cell foams were 

imported/exported. 

• If the importer/exporter does not know the identity 

and mass of the fluorinated GHGs within the closedcell foam: Certification that the importer/exporter 

was unable to obtain information on the identity and 

mass of the fluorinated GHGs within the closed-cell 

foam from the closed-cell foam manufacturer or 

manufacturers. 

EPA is proposing that all data elements in this data 

category are non-CBI. As explained below, EPA finds that 

the release of these data will not likely cause substantial 

competitive harm. 

Releasing a certification about the ability to obtain 

information would not likely cause substantial competitive 

harm because certification statements are general in 

nature, do not provide any insight into the design or 

operation efficiencies of the plant, and do not reveal 

other competitive information (e.g., market share, ability 

to increase production to meet new increases in demand, or 

price structures). Moreover, certification statements will 

consist of only the language that EPA publicly provides in 

the data reporting tool and will not include any facilityor process-specific information that could be considered 

proprietary. Therefore, EPA proposes that certification 

statements are not CBI. 
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The other subpart QQ data elements in this data 

category are dates of import or export. Dates do not 

reveal information related to the type or quantity of 

product imported or exported, or to the operational 

strengths or weaknesses, operational capacity, or customer 

base of the reporter. Dates of import or export would not 

likely cause substantial competitive harm if released 

because dates do not provide any insight into at what 

percent of capacity a firm is operating or into financial 

performance, the release of which might allow competitors 

to implement short-term price cutting tactics to capture 

the reporter’s market share. Therefore, EPA proposes that 

these data elements, the date of the import or export, are 

not eligible for confidential treatment and will be 

considered non-CBI. 

EPA is soliciting comments on EPA’s proposed 

determinations described above. When submitting a comment 

disagreeing with a proposed determination, please identify 

the specific data element(s) and provide detailed 

supporting information on why EPA’s proposed determination 

is not appropriate and why such data element(s) do or do 

not qualify as CBI. 

2. Subpart RR - Geologic Sequestration of Carbon Dioxide.
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Subpart RR is neither a direct emitter nor a supplier 

source category, so for the purposes of this action EPA 

assigned each subpart RR data element to one of the two 

groups based on its type and characteristics. EPA assigned 

subpart RR data elements that pertain to surface leakage to 

one of the direct emitter data categories and the remaining 

subpart RR data elements to one of the supplier data 

categories. 

EPA is proposing to assign nine data elements to the 

“GHGs Reported” data category because they are the actual 

GHGs reported. Note that all nine of the data elements in 

this specific case are also in the “Production/Throughput 

Quantities and Composition” data category because the GHG 

reported is also the product being used as a throughput.10

• If you receive CO2 by pipeline, report the following 

for each receiving flow meter: Total net mass of CO2

received (metric tons) annually. 

• If you receive CO2 in containers, report: The net mass 

of CO2 received (in metric tons) annually. 

• If you use more than one receiving flow meter, report 

the total net mass of CO2 received (metric tons) 

through all flow meters annually. 

• For each injection flow meter (mass or volumetric), 

report: the mass of CO2 injected annually. 

• Total CO2 injected during the reporting year as 

calculated in Equation RR-6. 

 

10 Where a data element is included in more than one data category, we 

are proposing the same CBI determination for that data element in both 

categories. 
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• For each separator flow meter (mass or volumetric), 

report: CO2 mass produced (metric tons) annually. 

• Annual CO2 produced in the reporting year, as 

calculated in Equation RR-9. 

• Annual CO2 sequestered in the subsurface geologic 

formations in the reporting year, as calculated by 

Equation RR-11 or RR-12. 

• Cumulative mass of CO2 reported as sequestered in the 

subsurface geologic formations in all years since the 

well or group of wells became subject to reporting 

requirements under subpart RR. 

EPA is proposing to assign 26 data elements to the 

“Production/Throughput Quantities and Composition” data 

category because they refer to the quantities and 

composition of CO2 produced and used as throughput at the 

site. Note that nine of the data elements in this specific 

case are in the “GHGs Reported” data category list above 

because the GHG reported is also the product being used as 

a throughput. They are not repeated in the list below. 

Furthermore, five data elements about mass flow meters and 

five data elements about volumetric flow meters are 

identical except for whether they are specific to mass or 

volumetric meters. Therefore, we have combined the 10 

analogous data elements into five bullets in the list below 

to reduce repetition. The remaining seven data elements 

that EPA proposes to assign to this data category each 

appear in the list below under an individual bullet. 
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• For submissions in support of an R&D project exemption 

from reporting under subpart RR: planned annual CO2

injection volumes during this time period. 

• If a volumetric/mass flow meter is used to receive CO2, 

report the following unless you reported yes to 40 CFR 

98.446(a)(4): Volumetric/mass flow through a receiving 

flow meter at standard conditions in each quarter. 

• If a volumetric/mass flow meter is used to receive CO2, 

report the following unless you reported yes to 40 CFR 

98.446(a)(4) of this section: The volumetric/mass flow 

through a receiving flow meter that is redelivered to 

another facility without being injected into your well 

in each quarter. 

• If a volumetric/mass flow meter is used to receive CO2, 

report the following unless you reported yes to 40 CFR 

98.446(a)(4) of this section: CO2 concentration in the 

flow in each quarter. 

• If you receive CO2 in containers, report: The mass (in 

metric tons) or volume at standard conditions (in 

standard cubic meters) of contents in containers in 

each quarter. 

• If you receive CO2 in containers, report: The 

concentration of CO2 of contents in containers (volume 

or weight percent CO2 expressed as a decimal fraction) 

in each quarter. 

• If you receive CO2 in containers, report: The mass (in 

metric tons) or volume (in standard cubic meters) of 

contents in containers that is redelivered to another 

facility without being injected into your well in each 

quarter. 

• For each injection flow meter (mass or volumetric), 

report: CO2 concentration in flow (volume or weight 

percent CO2 expressed as a decimal fraction) in each 

quarter. 

• For each injection flow meter, report: If a 

volumetric/mass flow meter is used, the 

volumetric/mass flow rate at standard conditions in 

each quarter. 

• For each separator flow meter (mass or volumetric), 

report: CO2 concentration in flow (volume or weight 
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percent CO2 expressed as a decimal fraction) in each 

quarter. 

• If a volumetric/mass separator flow meter is used, 

volumetric/mass flow rate at standard conditions in 

each quarter. 

• The entrained CO2 in produced oil or other fluid 

divided by the CO2 separated through all separators in 

the reporting year (weight percent CO2 expressed as a 

decimal fraction) used as the value for X in Equation 

RR-9 and as determined according to your EPA-approved 

MRV plan. 

EPA proposes that all data elements in these two data 

categories (“GHGs Reported” and “Production/Throughput 

Quantities”) are not CBI. As explained below, EPA finds 

that the release of these data will not likely cause 

substantial competitive harm. 

Six of the data elements are facility-level and flow 

meter-level information on the quantity of CO2 injected. 

The six data elements are available from Underground 

Injection Control (UIC) permits, which are issued for each 

injection well by EPA or by States that have assumed 

primary enforcement authority for permitting injection 

wells. Information related to the permits is reported to 

EPA or States at least annually and made available to the 

public either through State websites or upon request from 

the public. Because this information is routinely publicly 

available, EPA finds that further disclosure of data 

elements on CO2 injection is not likely to cause substantial 
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competitive harm to the reporter, and EPA proposes to 

determine that this information will not be treated as 

confidential; rather it will be considered non-CBI. 

Six of the data elements are facility-level and flow 

meter-level information on the quantity of CO2 produced. 

The reporters that are required to include this information 

in their annual reports inject CO2 underground into oil or 

natural gas reservoirs through injection wells for the 

purpose of increasing crude oil production or enhancing 

recovery of natural gas, and the CO2 is then produced with 

oil and gas. State oil and gas conservation agencies in 

all States where enhanced oil and gas recovery is occurring 

collect information on quantities of oil and gas produced 

by well to calculate royalties. This information is 

reported to EPA or States at least annually and made 

available to the public either through State websites or 

upon request from the public. Moreover, incremental oil 

production from CO2 injection is published in the biannual 

Oil & Gas Journal Enhanced Oil Recovery survey.11 Given the 

present level of reporting of production in the EOR 

industry just described (i.e., information is made publicly 

available by States and in the biannual industry reports), 

 

11 Worldwide Enhanced Oil Recovery Survey. 2010. Oil and Gas Journal, 

Volume 108, Issue 14. 
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EPA finds that CO2 production information does not provide 

additional insight into any aspect of operations the 

release of which might undercut any competitive advantage 

that the reporter may enjoy. Because this information is 

publicly available, EPA proposes to determine that this 

information will not be treated as confidential; rather, it 

will be considered to be non-CBI. 

Subpart RR facilities must report annual mass of CO2

sequestered in the subsurface geologic formations in the 

reporting year, as calculated by Equation RR-11 or RR-12. 

These values are calculated from CO2 injection, production, 

and emission data using a mass balance approach. As 

discussed above in this section, CO2 injection and CO2

production data are already publicly available. In 

addition, CO2 emission data are emission data and must be 

made publicly available. As a result, the quantity of CO2

sequestered can be calculated from data that are already 

publicly available. Because this information may be 

readily derived from information already publicly 

available, EPA has determined that its release of the 

reported mass of CO2 sequestered would not likely cause 

substantial competitive harm. For these reasons, EPA 

proposes to determine that this information is not eligible 
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for confidential treatment and will be considered to be 

non-CBI. 

Twelve of the data elements are facility-level and 

flow meter-level information on the quantity of CO2

received. None of the data elements on CO2 received 

includes information on CO2 prices or contract terms, such 

as information on the concentration of other incidental 

substances in the CO2 stream, the disclosure of which could 

allow competitors to ascertain the relative strength of 

their market position and to identify sources of 

competitive advantage (or disadvantage) among competitors. 

The data elements also do not include information that 

would allow a competitor to deduce the reporter’s operating 

costs. 

Moreover, as an example, for a facility where the CO2

received is wholly injected and is not mixed with any other 

supply of CO2, such as a geologic sequestration project at a 

deep saline formation, the reporter may report the quantity 

of CO2 injected as the quantity of CO2 received. This 

amount can be determined from information that is reported 

at least annually as part of a facility’s UIC permit and 

made available to the public either through State websites 

or upon request from the public. For the reasons described 

in this paragraph, EPA finds that releasing the 12 data 
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elements on CO2 received would not likely result in 

substantial competitive harm, and EPA proposes to determine 

that this information does not qualify for confidential 

treatment and will be considered to be non-CBI. 

EPA is proposing to assign nine data elements to the 

“Unit/Process Operating Characteristics” data category 

because they refer to the operating characteristics of the 

site, such as project duration and CO2 source. 

• For submissions in support of a research and 

development (R&D) project exemption from reporting 

under subpart RR: The planned duration of CO2 injection 

for the project. 

• For submissions in support of an R&D project exemption 

from reporting under subpart RR: The research purposes 

of the project. 

• For submissions in support of an R&D project exemption 

from reporting under subpart RR: The source and type 

of funding for the project. 

• For submissions in support of an R&D project exemption 

from reporting under subpart RR: The class of the 

underground injection control permit. 

• For submissions in support of an R&D project exemption 

from reporting under subpart RR: The duration of the 

underground injection control permit. 

• For submissions in support of an R&D project exemption 

from reporting under subpart RR: For an offshore 

facility not subject to Safe Drinking Water Act, a 

description of the legal instrument authorizing 

geologic sequestration. 

• Source of the CO2 received according to the following 

categories: CO2 production wells, electric generating 

unit, ethanol plant, pulp and paper mill, natural gas 

processing, gasification operations, other 

anthropogenic source, CO2 received from a discontinued 

enhanced oil and gas recovery project, and unknown. 
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• For each injection flow meter, report the location of 

the flow meter. 

• If a well is permitted by an Underground Injection 

Control program, report: Underground Injection Control 

permit class. 

EPA is proposing that all data elements in this data 

category are non-CBI. As explained below, EPA finds that 

the release of these data will not likely cause substantial 

competitive harm. 

Five of these data elements include basic information 

on the legal instrument authorizing geologic sequestration. 

For a facility permitted by the UIC program under authority 

of the Safe Drinking Water Act, information on the class 

and duration of the permit is routinely publicly available 

in the UIC permit. For an offshore facility that is not 

subject to the Safe Drinking Water Act and therefore does 

not need a UIC permit, the facility would be subject to 

other statutory authority authorizing the facility to 

conduct geologic sequestration. Since these five data 

elements contain public information, EPA finds that their 

release by EPA is not likely to cause substantial 

competitive harm; they do not qualify for confidential 

treatment and will be considered to be non-CBI. 

Three of these data elements are information on an R&D 

project’s planned duration, purpose, source of funding, and 
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type of funding. These data elements do not include the 

amount of funding received. They do not provide insight 

into the costs of sequestering CO2 at the facility, the 

disclosure of which could allow competitors to ascertain 

the relative strength of their market position and to 

identify sources of competitive advantage (or disadvantage) 

among competitors. For many existing R&D projects, 

information in these three data elements is already 

publicly available. For example, the Department of Energy 

National Energy Technology Laboratory publishes information 

on its website about the Regional Carbon Sequestration 

Partnership projects that it funds.12 These projects also 

participate in public conferences at which they present 

papers about their projects and findings. Since this 

information is of the same nature for all projects, EPA 

finds that publication of such information by some projects 

demonstrates that disclosure of equivalent information for 

all projects is not likely to cause substantial harm. 

Therefore, EPA proposes to determine that this information 

is not eligible for confidential treatment; it will be 

considered to be non-CBI. 

 

12

http://www.netl.doe.gov/technologies/carbon_seq/partnerships/RCSP_Proje

ctDescriptions.html 
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The data element related to the source of CO2 received 

identifies the type of source that supplied the facility 

with CO2 in the reporting year, such as an ethanol plant. 

This data element does not include information that would 

identify a specific facility or company that supplies the 

CO2 to the reporter, or the amount of CO2 provided by each 

supplier. This data element does not include information 

on CO2 prices or contract terms, the disclosure of which 

could allow competitors to ascertain the relative strength 

of their market position and to identify sources of 

competitive advantage (or disadvantage) among competitors. 

Since revealing this data element does not provide 

competitors with an advantage, EPA proposes to determine 

that it is not eligible for confidential treatment and will 

be considered to be non-CBI. 

EPA is soliciting comments on EPA’s proposed 

determinations described above. When submitting a comment 

disagreeing with a proposed determination, please identify 

the specific data element(s) and provide detailed 

supporting information on why EPA’s proposed determination 

is not appropriate and why such data element(s) do or do 

not qualify as CBI. 

3. Subpart UU - Injection of Carbon Dioxide.
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EPA first proposed in a single subpart RR the 

reporting requirements that are now divided between final 

subparts RR and UU. EPA moved all definitions, 

requirements, and procedures for facilities conducting only 

CO2 injection into a new subpart (subpart UU). Subpart RR 

retains all definitions, requirements, and procedures 

related to facilities conducting geologic sequestration. 

The explanation and a summary of major changes since 

proposal appear in the final subparts RR and UU 

promulgation notice (75 FR 75060, December 1, 2010). 

Subpart UU is neither a direct emitter nor a supplier 

source category, so for the purposes of this action EPA 

assigned the subpart UU data elements to one of the 

supplier data categories because they are most similar in 

type and characteristics to supplier data. 

EPA is proposing to assign three data elements to the 

“GHGs Reported” data category because they are the actual 

GHGs reported. Note that all three of the data elements in 

this specific case are also in the “Production/Throughput 

Quantities and Composition” data category because the GHG 

reported is also the GHG being used as a throughput.13 

 

13 Where a data element is included in more than one data category, we 

are proposing the same CBI determination for that data element in both 

categories. 
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• If you receive CO2 by pipeline, report the following 

for each receiving flow meter: Total net mass of CO2

received (metric tons) annually. 

• If you receive CO2 in containers, report: The net total 

mass of CO2 received (in metric tons) annually. 

• If you use more than one receiving flow meter, report 

the net total mass of CO2 received (metric tons) 

through all flow meters annually. 

EPA is proposing to assign 12 data elements to the 

“Production/Throughput Quantities and Composition” data 

category because they refer to the quantities and 

composition of CO2 used as throughput at the site. Note 

that three of the data elements in this specific case are 

in the “GHGs Reported” data category list above because the 

GHG reported is also the GHG being used as a throughput. 

They are not repeated in the list below. Furthermore, 

three data elements about mass flow meters and three data 

elements about volumetric flow meters are identical except 

for whether they are specific to mass or volumetric meters. 

Therefore, we have combined the six analogous data elements 

into three bullets in the list below to reduce repetition. 

The remaining three data elements that EPA proposes to 

assign to this data category also appear in the list below. 

• If you receive CO2 by pipeline, report the following 

for each receiving flow meter: If a volumetric/mass 

flow meter is used to receive CO2: Volumetric/mass flow 

through a receiving flow meter at standard conditions 

in each quarter. 
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• If you receive CO2 by pipeline, report the following 

for each flow meter: If a volumetric/mass flow meter 

is used to receive CO2: The volumetric/mass flow 

through a receiving flow meter that is redelivered to 

another facility without being injected into your well 

in each quarter. 

• If you receive CO2 by pipeline, report the following 

for each receiving flow meter: If a volumetric/mass 

flow meter is used to receive CO2: CO2 concentration in 

the flow in each quarter. 

• If you receive CO2 in containers, report: The mass (in 

metric tons) or volume at standard conditions (in 

standard cubic meters) of contents in containers in 

each quarter. 

• If you receive CO2 in containers, report: The 

concentration of CO2 of contents in containers (volume 

or weight percent CO2 expressed as a decimal fraction) 

in each quarter. 

• If you receive CO2 in containers, report: The mass (in 

metric tons) or volume (in standard cubic meters) of 

contents in containers that is redelivered to another 

facility without being injected into your well in each 

quarter. 

EPA proposes that all data elements in these two data 

categories (“GHGs Reported” and “Production/Throughput 

Quantities”) are not CBI. These data elements are 

facility-level and flow meter-level data for CO2 received. 

None of the data elements on CO2 received includes 

information on CO2 prices or contract terms, such as 

information on the concentration of other incidental 

substances in the CO2 stream, the disclosure of which could 

allow competitors to ascertain the relative strength of 

their market position and to identify sources of 
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competitive advantage (or disadvantage) among competitors. 

The data elements also do not include information that 

would allow a competitor to deduce the reporter’s operating 

costs. Moreover, for a facility where the CO2 received is 

wholly injected and is not mixed with any other supply of 

CO2, such as a geologic sequestration project at a deep 

saline formation, the reporter may report the quantity of 

CO2 injected as the quantity of CO2 received. This amount 

can be determined from information that is reported at 

least annually as part of a facility’s UIC permit and made 

available to the public either through State websites or 

upon request from the public. 

For these reasons, EPA finds that releasing the 12 

data elements on CO2 received would not likely result in 

substantial competitive harm, and EPA proposes to determine 

that this information does not qualify for confidential 

treatment and will be considered to be non-CBI. 

EPA is proposing to assign one data element to the 

“Unit/Process Operating Characteristics” data category 

because it refers to an operating characteristic of the 

site. 

• Source of the CO2 received according to the following 

categories: CO2 production wells, electric generating 

unit, ethanol plant, pulp and paper mill, natural gas 

processing, gasification operations, other 
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anthropogenic source, discontinued enhanced oil and 

gas recovery project, and unknown. 

The data element related to the source of CO2 received 

identifies the type of source that supplied the facility 

with CO2 in the reporting year, such as an ethanol plant. 

This data element does not include information that would 

identify a specific facility or company that supplies the 

CO2 to the reporter, or the amount of CO2 provided by each 

supplier. This data element does not include information 

on CO2 prices or contract terms, the disclosure of which 

could allow competitors to ascertain the relative strength 

of their market position and to identify sources of 

competitive advantage (or disadvantage) among competitors. 

EPA finds that the release by EPA of the data element 

related to the source of CO2 received is not likely to cause 

substantial competitive harm, and EPA proposes to determine 

that it does not qualify for confidential treatment; it 

will be considered to be non-CBI. 

EPA is soliciting comments on EPA’s proposed 

determinations described above. When submitting a comment 

disagreeing with a proposed determination, please identify 

the specific data element(s) and provide detailed 

supporting information on why EPA’s proposed determination 

is not appropriate and why such data element(s) do or do 

not qualify as CBI. 
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D. Commenting on the Proposed Confidentiality 

Determinations and Data Category Assignments

By making confidentiality determinations prior to data 

reporting through this proposal and rulemaking process, 

potential reporters are able to submit comments identifying 

data they consider sensitive and provide the rationales and 

supporting documentation they would otherwise submit for 

case-by-case confidentiality determinations. We seek 

comment on the confidentiality status of data elements in 

two direct emitter data categories (“Unit/Process ‘Static’ 

Characteristics That are Not Inputs to Emission Equations” 

and “Unit/Process Operating Characteristics That are Not 

Inputs to Emission Equations”) and three supplier data 

categories (“GHGs Reported,” “Production/Throughput 

Quantities and Composition,” and “Unit/Process Operating 

Characteristics”). We will evaluate claims of 

confidentiality before finalizing the proposed 

confidentiality determinations; however, this will be your 

only opportunity to substantiate your confidentiality 

claim. Where we make confidentiality determinations prior 

to data reporting through this proposal and rulemaking 

process, you will not be able to claim separately that 

certain data that has already been categorized as data to 
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be released are CBI when you submit those data as part of a 

GHG emissions report under Part 98. 

Please consider the following instructions in 

submitting comments on the data elements in these six 

subparts. 

Please identify each individual data element you do or 

do not consider to be CBI or emission data in your 

comments. Please explain specifically how the public 

release of that particular data element would or would not 

cause a competitive disadvantage to a facility. Discuss 

how this data element may be different from or similar to 

data that are already publicly available. Please submit 

information identifying any publicly available sources of 

information containing the specific data elements in 

question, since data that are already available through 

other sources would not be CBI. In your comments, please 

identify the manner and location in which each specific 

data element you identify is available, including a 

citation. If the data are physically published, such as in 

a book, industry trade publication, or federal agency 

publication, provide the title, volume number (if 

applicable), author(s), publisher, publication date, and 

ISBN or other identifier. For data published on a website, 

provide the address of the website and the date you last 
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visited the website and identify the website publisher and 

content author. 

If your concern is that competitors could use a 

particular input to discern sensitive information, 

specifically describe the pathway by which this could occur 

and explain how the discerned information would negatively 

affect your competitive position. Describe any unique 

process or aspect of your facility that would be revealed 

if the particular data element you consider sensitive were 

made publicly available. If the data element you identify 

would cause harm only when used in combination with other 

publicly available data, then describe the other data, 

identify the public source(s) of these data, and explain 

how the combination of data could be used to cause 

competitive harm. Describe the measures currently taken to 

keep the data confidential. Avoid conclusory and 

unsubstantiated statements, or general assertions regarding 

potential harm. Please be as specific as possible in your 

comments and include all information necessary for EPA to 

evaluate your comments. 

IV. Proposal of CBI determinations for New Data Elements 

in Subparts II and TT 

The Technical Corrections final rule includes 

amendments to 48 data elements in subparts FF, II, OO, and 
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TT, including revising 17 data elements that are not inputs 

to equations and adding seven data elements that are not 

inputs to equations. As explained in Section II.D of this 

preamble, the revisions to the 17 non-input data elements 

do not change the information to be collected and therefore 

do not affect the final confidentiality determinations for 

these data elements in the Final CBI rule. This section 

sets forth EPA’s proposed confidentiality determinations 

for the seven new non-input data elements. These new data 

elements were added to subparts II and TT. 

We are proposing to categorize two of the seven new 

data elements in the “Calculation Methodology & 

Methodological Tier” data category. Because there was a 

categorical determination in the Final CBI Rule that this 

data category is emissions data, we are proposing these two 

data elements as emissions data. 

• Statement that biogas pressure is incorporated into 

monitoring equipment internal calculations. (Subpart 

II: Calculation Methodology & Methodological Tier). 

• The calendar year for which the data elements in 40 

CFR 98.466(b) apply. (Subpart TT: Calculation 

Methodology & Methodological Tier). 

We are proposing to categorize one of the seven new 

data elements in the “Test & Calibration Methods” data 

category. Because there was a categorical determination in 
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the Final CBI Rule that this data category is not CBI, we 

are proposing that this data element is not CBI. 

• If DOCx was determined by a 60-day anaerobic 

biodegradation test, specify the test method used. 

(Subpart TT: Test & Calibration Methods). 

EPA is proposing to categorize four of the seven new 

data elements in the two direct emitter data categories 

with no categorical confidentiality determination 

(“Unit/Process ‘Static’ Characteristics That are Not Inputs 

to Emission Equations” and “Unit/Process Operating 

Characteristics That are Not Inputs to Emission Equations” 

data categories). For these two data categories, EPA 

evaluated the individual data elements assigned to these 

categories to determine whether individual data elements 

qualify as CBI. In this section, EPA explains the data 

elements in these two categories and states the reasons for 

proposing to determine that each does or does not qualify 

as CBI under CAA section 114(c). 

EPA proposes to determine that the four new data 

elements, which are all in subpart TT and listed below, are 

not CBI. 

• If a methane correction factor (MCF) value other than 

the default of 1 is used, provide a description of the 

aeration system, including aeration blower capacity. 
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• If an MCF value other than the default of 1 is used, 

the fraction of the landfill containing waste affected 

by the aeration. 

• If an MCF value other than the default of 1 is used, 

provide the total number of hours during the year the 

aeration blower was operated. 

• If an MCF value other than the default of 1 is used, 

provide other factors used as a basis for the selected 

MCF value. 

These data elements describe the aeration system, the 

number of hours the aeration system was used, the capacity 

of the aeration blower, the fraction of landfill affected 

by aeration, and the factors used as the basis of the 

methane correction factor. These data elements do not 

provide insight into current production rates, raw material 

consumption, or other information that competitors could 

use to discern market share and other sensitive 

information. Therefore, EPA proposes that they will not be 

protected as confidential business information and will be 

considered to be non-CBI. 

We are soliciting comments on the proposed categorical 

assignments for the seven new data elements in these 

subparts. If you believe that EPA has improperly assigned 

certain data elements in these subparts to the data 

categories, please provide specific comments identifying 

which data elements may be assigned incorrectly along with 
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a detailed rationale for why they may be assigned 

incorrectly and in which data category they belong. 

V. Deferral of Inputs to Emission Equations for Subparts 

FF and TT and Amendment to Table A-6 

Of the 48 subpart FF, II, OO, and TT data elements 

that are addressed in the Technical Corrections final rule, 

24 are inputs to emission equations. Of these, 21 are 

revisions to existing inputs to emission equations that are 

addressed in the Final Deferral and included in Tables A-6 

and A-7 to subpart A of Part 98. As explained in Section 

II.D of this preamble, for 18 of the 21 inputs, the 

revisions do not affect the Final Deferral. For the 

remaining three inputs, however, which are in subpart TT, 

the revisions do re-numerate section references. These 

three equation inputs were added in the Final Deferral to 

Table-6 to subpart A. We are therefore proposing in this 

action to amend Table A-6 to re-numerate three subpart TT 

equation inputs as finalized in the Technical Corrections 

final rule. 

Of the 24 inputs to emission equations addressed in 

the Technical Corrections final rule, three are new data 

elements that we are proposing for the first time to add to 

the “Inputs to Emission Equations” data category. In this 
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action, we are proposing to defer the reporting deadline 

for the following three data elements to March 31, 2013. 

• Moisture content used in Equation FF-1 and FF-3. 

(Subpart FF: Inputs to Emission Equations). 

• The gaseous organic concentration correction factor 

used, if Equation FF-9 was required. (Subpart FF: 

Inputs to Emission Equations). 

• The methane correction factor (MCF) value used in the 

calculations. (Subpart TT: Inputs to Emission 

Equations). 

As explained in Section II.A of the Final Deferral, 

EPA is deferring the reporting deadline until March 31, 

2013, rather than March 31, 2015, for certain data elements 

categorized as inputs to emission equations because our 

evaluations on the sensitivity of these data elements are 

less time-consuming or sufficiently far along in the inputs 

evaluation process, outlined in the memorandum to the Final 

Deferral docket, “Process for Evaluating and Potentially 

Amending Part 98 Inputs to Emission Equations,” to allow 

for data reporting in 2013. As with other equation inputs, 

EPA is in the process of evaluating the sensitivity of 

these three equation inputs, and we believe that we can 

complete our evaluation before March 31, 2013, the current 

reporting deadline for the equation inputs listed in Table 

A-6 of Subpart A. EPA is therefore proposing to add these 
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inputs to Table A-6 to require their reporting by March 31, 

2013. 

In the Technical Corrections final rule, we added the 

two new subpart FF inputs to equations to the reporting 

requirements at 40 CFR Part 98.326(o). This regulatory 

paragraph is already included in Table A-6 for reporting by 

March 31, 2013, so we are not proposing in this action to 

amend Table A-6 to account for the new subpart FF inputs to 

equations. However, the new subpart TT equation input is 

not yet included in Table A-6. We are therefore proposing 

in this action to amend Table A-6 to add it and require its 

reporting by March 31, 2013. 

VI. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory Planning and Review

and Executive Order 13563: Improving Regulation and 

Regulatory Review

Under Executive Order 12866 (58 FR 51735, October 4, 

1993), this action is a “significant regulatory action” 

because it raises novel legal or policy issues. 

Accordingly, EPA submitted this action to the Office of 

Management and Budget (OMB) for review under Executive 

Orders 12866 and 13563 (76 FR 3821, January 21, 2011) and 

any changes made in response to OMB recommendations have 

been documented in the docket for this action. 
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B. Paperwork Reduction Act

This action does not impose any new information 

collection burden. This action is administrative and does 

not increase the reporting burden. However, the Office of 

Management and Budget (OMB) has previously approved the 

information collection requirements contained in these six 

subparts, under 40 CFR part 98, under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The 

Information Collection Request (ICR) documents prepared by 

EPA have been assigned the following OMB control numbers: 

2060-0650, for subparts L, DD, and SS; 2060-0649, for 

subparts RR and UU; and 2060-0647 for subparts FF, II, and 

TT. The OMB control numbers for EPA’s regulations in 40 

CFR are listed at 40 CFR part 9. 

C. Regulatory Flexibility Act (RFA)

The RFA generally requires an agency to prepare a 

regulatory flexibility analysis of any rule subject to 

notice and comment rulemaking requirements under the 

Administrative Procedure Act or any other statute unless 

the agency certifies that the rule will not have a 

significant economic impact on a substantial number of 

small entities. Small entities include small businesses, 

small organizations, and small governmental jurisdictions. 
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For purposes of assessing the impacts of this reproposal on small entities, “small entity” is defined as: 

(1) A small business as defined by the Small Business 

Administration’s regulations at 13 CFR 121.201; (2) a small 

governmental jurisdiction that is a government of a city, 

county, town, school district or special district with a 

population of less than 50,000; or (3) a small organization 

that is any not-for-profit enterprise which is 

independently owned and operated and is not dominant in its 

field. 

After considering the economic impacts of this action 

on small entities, I certify that this action will not have 

a significant economic impact on a substantial number of 

small entities. This action will not impose any new 

requirement on small entities that are not currently 

required by Part 98. 

EPA took several steps to reduce the impact of Part 98 

on small entities. For example, EPA determined appropriate 

thresholds that reduced the number of small businesses 

reporting. In addition, EPA did not require facilities to 

install continuous emission monitoring systems (CEMS) if 

they did not already have them. Facilities without CEMS 

can calculate emissions using readily available data or 

data that are less expensive to collect such as process 
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data or material consumption data. For some source 

categories, EPA developed tiered methods that are simpler 

and less burdensome. Also, EPA required annual instead of 

more frequent reporting. Finally, EPA continues to conduct 

significant outreach on the mandatory GHG reporting rule 

and maintains an “open door” policy for stakeholders to 

help inform EPA’s understanding of key issues for the 

industries. 

We continue to be interested in the potential impacts 

of this action on small entities and welcome comments on 

issues related to such effects. 

D. Unfunded Mandates Reform Act (UMRA)

Title II of the Unfunded Mandates Reform Act of 1995 

(UMRA), 2 U.S.C. 1531-1538, requires Federal agencies, 

unless otherwise prohibited by law, to assess the effects 

of their regulatory actions on State, local, and tribal 

governments and the private sector. Federal agencies must 

also develop a plan to provide notice to small governments 

that might be significantly or uniquely affected by any 

regulatory requirements. The plan must enable officials of 

affected small governments to have meaningful and timely 

input in the development of EPA regulatory proposals with 

significant Federal intergovernmental mandates and must 
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inform, educate, and advise small governments on compliance 

with the regulatory requirements. 

This action does not contain a Federal mandate that 

may result in expenditures of $100 million or more for 

State, local, and tribal governments, in the aggregate, or 

the private sector in any one year. This re-proposal is 

administrative and does not increase the reporting burden. 

Thus, this action is not subject to the requirements of 

sections 202 or 205 of the UMRA. 

In developing Part 98, EPA consulted with small 

governments pursuant to a plan established under section 

203 of the UMRA to address impacts of regulatory 

requirements in the rule that might significantly or 

uniquely affect small governments. For a summary of EPA’s 

consultations with State and/or local officials or other 

representatives of State and/or local governments in 

developing Part 98, see Section VIII.D of the preamble to 

the final rule (74 FR 56370, October 30, 2009). 

E. Executive Order 13132: Federalism 

This action does not have federalism implications. It 

will not have substantial direct effects on the States, on 

the relationship between the national government and the 

States, or on the distribution of power and 

responsibilities among the various levels of government, as 
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specified in Executive Order 13132. However, for a more 

detailed discussion about how Part 98 relates to existing 

State programs, please see Section II of the preamble to 

the final rule (74 FR 56266, October 30, 2009). 

This action applies to facilities that directly emit 

greenhouses gases. It does not apply to governmental 

entities unless a government entity owns a facility that 

directly emits greenhouse gases above threshold levels, so 

relatively few government facilities would be affected. 

This action also does not limit the power of States or 

localities to collect GHG data and/or regulate GHG 

emissions. Thus, Executive Order 13132 does not apply to 

this action. 

In the spirit of Executive Order 13132, and consistent 

with EPA policy to promote communications between EPA and 

State and local governments, EPA specifically solicits 

comment on this proposed action from State and local 

officials. For a summary of EPA’s consultation with State 

and local organizations and representatives in developing 

Part 98, see Section VIII.E of the preamble to the final 

rule (74 FR 56371, October 30, 2009). 

F. Executive Order 13175: Consultation and Coordination 

with Indian Tribal Governments
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This action does not have tribal implications, as 

specified in Executive Order 13175 (65 FR 67249, November 

9, 2000). This re-proposal is administrative and does not 

increase the reporting burden. Thus, Executive Order 13175 

does not apply to this action. For a summary of EPA’s 

consultations with tribal governments and representatives, 

see Section VIII.F of the preamble to the final rule (74 FR 

56371, October 30, 2009). EPA specifically solicits 

additional comment on this proposed action from tribal 

officials. 

G. Executive Order 13045: Protection of Children from 

Environmental Health Risks and Safety Risks

EPA interprets Executive Order 13045 (62 FR 19885, 

April 23, 1997) as applying only to those regulatory 

actions that concern health or safety risks, such that the 

analysis required under section 5-501 of the Executive 

Order has the potential to influence the regulation. This 

action is not subject to Executive Order 13045 because it 

does not establish an environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions that Significantly 

Affect Energy Supply, Distribution, or Use
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This action is not subject to Executive Order 13211 

(66 FR 28355, May 22, 2001), because it is not a 

significant regulatory action under Executive Order 12866. 

I. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and 

Advancement Act of 1995 (NTTAA), Public Law No. 104-113 (15 

U.S.C. 272 note) directs EPA to use voluntary consensus 

standards in its regulatory activities unless to do so 

would be inconsistent with applicable law or otherwise 

impractical. Voluntary consensus standards are technical 

standards (e.g., materials specifications, test methods, 

sampling procedures, and business practices) that are 

developed or adopted by voluntary consensus standards 

bodies. NTTAA directs EPA to provide Congress, through 

OMB, explanations when the Agency decides not to use 

available and applicable voluntary consensus standards. 

This action does not involve technical standards. 

Therefore, EPA is not considering the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal Actions to Address 

Environmental Justice in Minority Populations and LowIncome Populations

Executive Order 12898 (59 FR 7629, February 16, 1994) 

establishes Federal executive policy on environmental 
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justice. Its main provision directs Federal agencies, to 

the greatest extent practicable and permitted by law, to 

make environmental justice part of their mission by 

identifying and addressing, as appropriate, 

disproportionately high and adverse human health or 

environmental effects of their programs, policies, and 

activities on minority populations and low-income 

populations in the United States. EPA has determined that 

this action will not have disproportionately high and 

adverse human health or environmental effects on minority 

or low-income populations because it does not affect the 

level of protection provided to human health or the 

environment. This action addresses only reporting and 

recordkeeping procedures.
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GHG Reporting Rule-Proposed Confidentiality Determinations 

for 10 Subparts 

List of Subjects 40 CFR Part 98 

Environmental protection, Administrative practice and 

procedure, Greenhouse gases, Reporting and recordkeeping 

requirements. 

 

Dated: 

 

Lisa P. Jackson, 

Administrator. 

 
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For the reasons stated in the preamble, title 40, 

Chapter I, of the Code of Federal Regulations is proposed 

to be amended as follows: 

PART 98—[AMENDED] 

1. The authority citation for part 98 continues to 

read as follows: 

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

Subpart A—[Amended] 

2. Table A-6 to subpart A of part 98 is amended by 

revising the entries for subpart TT to read as follows: 

Table A-6 to Subpart A of Part 98--Data Elements That Are 

Inputs to Emission Equations and for Which the Reporting 

Deadline is March 31, 2013 

Subpart

Rule Citation (40 CFR 

part 98)

Specific Data Elements for 

Which Reporting Date is March 

31, 2013 (“All” means all data 

elements in the cited 

paragraph are not required to 

be reported until March 31, 

2013)

* * * * * * * 

TT 98.466(a)(2) All

TT 98.466(a)(3) Only last year the landfill 

accepted waste (for closed 

landfills using Equation TT-4)

TT 98.466(a)(4) Only capacity of the landfill 

in metric tons (for closed 

landfills using Equation TT-4)

TT 98.466(b)(3) Only fraction of CH4 in 

landfill gas.

TT 98.466(b)(4) Only the methane correction 

factor (MCF) value used in the 

calculations. 

TT 98.466(c)(1) All

TT 98.466(c)(4)(i) All

TT 98.466(c)(4)(ii) All
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Subpart

Rule Citation (40 CFR 

part 98)

Specific Data Elements for 

Which Reporting Date is March 

31, 2013 (“All” means all data 

elements in the cited 

paragraph are not required to 

be reported until March 31, 

2013)

TT 98.466(c)(4)(iii) All

TT 98.466(d)(2) All

TT 98.466(d)(3) Only degradable organic carbon 

(DOCx) value used in 

calculations.

TT 98.466(e)(2) Only surface area (in square 

meters) at the start of the 

reporting year for the 

landfill sections that contain 

waste and that are associated 

with the selected cover type 

(for facilities using a 

landfill gas collection 

system)

TT 98.466(f) All

* * * * * * *