```

[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Proposed Rules]
[Pages 1434-1452]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33591]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0028; FRL-9614-9]
RIN 2060-AQ70

Proposed Confidentiality Determinations for Data Elements Under 
the Mandatory Reporting of Greenhouse Gases Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: This action re-proposes confidentiality determinations for the 
data elements under the Mandatory Greenhouse Gas Reporting Rule. On 
July 7, 2010, EPA proposed confidentiality determinations for data 
elements and is issuing this re-proposal today due to significant 
changes to certain data elements. In addition, EPA is proposing 
confidentiality determinations for seven new data elements that are not 
inputs to equations. EPA is also proposing to categorize three data 
elements as inputs to emission equations and to defer their reporting 
deadline to March 31, 2013.

DATES: Comments. Comments must be received on or before March 12, 2012.
    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 January 17, 
2012. Upon such request, EPA will hold the hearing on January 25, 2012 
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:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Email: 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 email. 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 Web site 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 email comment directly to EPA without going through http://www.regulations.gov your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, 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

[[Page 1435]]

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 INFORMATION CONTACT: Carole Cook, Climate Change Division, 
Office of Atmospheric Programs (MC-6207J), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone 
number: (202) 343-9263; fax number: (202) 343-2342; email address: 
GHGreporting@epa.gov. For technical information, contact the Greenhouse 
Gas Reporting Rule Hotline at: http://www.epa.gov/climatechange/emissions/ghgrule_contactus.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 Web site at http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

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
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

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

I. General Information

A. What is the purpose of this action?

    This action has three purposes. First, EPA is re-proposing 
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 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

[[Page 1436]]

category in the 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 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 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 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 pre-charged 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
------------------------------------------------------------------------
                                                  Examples of affected
             Category                 NAICS            facilities
------------------------------------------------------------------------
Fluorinated Gas Production.......       325120  Industrial gases
                                                 manufacturing
                                                 facilities.
Electrical Equipment Use.........       221121  Electric bulk power
                                                 transmission and
                                                 control facilities.
Electrical Equipment Manufacture         33531  Power transmission and
 or Refurbishment.                               distribution switchgear
                                                 and specialty
                                                 transformers
                                                 manufacturing
                                                 facilities.
Importers and Exporters of Pre-         423730  Air-conditioning
 charged Equipment and Closed-                   equipment (except room
 Cell Foams.                                     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.
                                        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          211  Oil and gas extraction
 Projects.                                       projects using CO2
                                                 enhanced recovery.
Acid Gas Injection Projects......    211111 or  Projects that inject
                                        211112   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.

[[Page 1437]]

 
                                        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.
                                        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 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 email. 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.
    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 
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 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

[[Page 1438]]

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).
    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 ``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 re-proposed at the time of the July 7, 2010 
CBI proposal (subparts L, DD, QQ, RR, and SS). EPA finalized those five 
subparts and subpart UU \1\ in two separate actions. On December 1, 
2010, we finalized subparts L, DD, QQ, and SS (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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 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.
    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

[[Page 1439]]

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 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 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 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.

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 
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 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

[[Page 1440]]

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 equations to the 
reporting requirements at 40 CFR 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 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 categories 
\3\ 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.
---------------------------------------------------------------------------

    \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 EPA-HQ-OAR-2011-0028 Memo B].''
---------------------------------------------------------------------------

    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 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 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 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 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).

[[Page 1441]]

           Table 2--Summary of Final Confidentiality Determinations for Direct Emitter Data Categories
----------------------------------------------------------------------------------------------------------------
                                                        Confidentiality determination for data elements in each
                                                                               category
                                                     -----------------------------------------------------------
                    Data category                                          Data that are not   Data that are not
                                                       Emission data \a\   emission data and   emission data but
                                                                                not CBI           are CBI \b\
----------------------------------------------------------------------------------------------------------------
Facility and Unit Identifier Information............                  X   ..................  ..................
Emissions...........................................                  X   ..................  ..................
Calculation Methodology and Methodological Tier.....                  X   ..................  ..................
Data Elements Reported for Periods of Missing Data                    X   ..................  ..................
 that are Not Inputs to Emission Equations..........
Unit/Process ``Static'' Characteristics that are Not  ..................              X \c\               X \c\
 Inputs to Emission Equations.......................
Unit/Process Operating Characteristics that are Not   ..................              X \c\               X \c\
 Inputs to Emission Equations.......................
Test and Calibration Methods........................  ..................                  X   ..................
Production/Throughput Data that are Not Inputs to     ..................  ..................                  X
 Emission Equations.................................
Raw Materials Consumed that are Not Inputs to         ..................  ..................                  X
 Emission Equations.................................
Process-Specific and Vendor Data Submitted in BAMM    ..................  ..................                  X
 Extension Requests.................................
----------------------------------------------------------------------------------------------------------------
\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
----------------------------------------------------------------------------------------------------------------
                                                        Confidentiality determination for data elements in each
                                                                               category
                                                     -----------------------------------------------------------
                    Data category                                          Data that are not   Data that are not
                                                       Emission data \a\   emission data and   emission data but
                                                                                not CBI           are CBI \b\
----------------------------------------------------------------------------------------------------------------
GHGs Reported.......................................  ..................              X \c\               X \c\
Production/Throughput Quantities and Composition....  ..................              X \c\               X \c\
Identification Information..........................  ..................                  X   ..................
Unit/Process Operating Characteristics..............  ..................              X \c\               X \c\
Calculation, Test, and Calibration Methods..........  ..................                  X   ..................
Data Elements Reported for Periods of Missing Data    ..................                  X   ..................
 that are Not Related to Production/Throughput or
 Materials Received.................................
Emission Factors....................................  ..................  ..................                  X
Amount and Composition of materials received........  ..................  ..................                  X
Data Elements Reported for Periods of Missing Data    ..................  ..................                  X
 That are Related to Production/Throughput or
 Materials Received.................................
Supplier Customer and Vendor Information............  ..................  ..................                  X
Process-Specific and Vendor Data Submitted in BAMM    ..................  ..................                  X
 Extension Requests.................................
----------------------------------------------------------------------------------------------------------------
\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

    For direct emitter subparts L, DD, RR,\4\ 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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 BAMM use 
extension requests are discussed but not

[[Page 1442]]

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 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 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 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 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-HQ-OAR-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 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 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

[[Page 1443]]

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 
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 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 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 Distributers, \6\ 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 non-CBI.
---------------------------------------------------------------------------

    \6\ http://www.platts.com/Products/electricpowerproducerdirectory.
---------------------------------------------------------------------------

    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
    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 site-specific 
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).
     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

[[Page 1444]]

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 site-
specific 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 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.\7\ 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 determination as the other 
data elements in the ``Test & Calibration Methods'' data category (not 
CBI).
---------------------------------------------------------------------------

    \7\ For example, see papers from the International Conference on 
Greenhouse Gas Control Technologies.
---------------------------------------------------------------------------

    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 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.''

C. GHG Supplier Data Categories

    For supplier subparts QQ, RR, and UU,\8\ 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 
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 Composition'' data category 
because the GHG reported is also the product being imported or 
exported.\9\
---------------------------------------------------------------------------

    \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.

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

[[Page 1445]]

     Total mass of each fluorinated greenhouse gas (F-GHG) 
imported/exported in pre-charged equipment or closed-cell 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 closed-cell 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 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 closed-cell 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 closed-cell 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 closed-cell 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 closed-cell 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 CBI. These data categories 
contain importer- and exporter-level 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 
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.
     If the importer/exporter does not know the identity and 
mass of the fluorinated GHGs within the closed-cell 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 closed-cell 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 facility- or process-specific information that 
could be considered 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

[[Page 1446]]

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
    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

     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.
     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.
     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 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 Web sites 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 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

[[Page 1447]]

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 Web 
sites 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), 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.
---------------------------------------------------------------------------

    \11\ Worldwide Enhanced Oil Recovery Survey. 2010. Oil and Gas 
Journal, Volume 108, Issue 14.
---------------------------------------------------------------------------

    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.
    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 Web sites 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 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.
     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 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 Web site 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

[[Page 1448]]

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_ProjectDescriptions.html.
---------------------------------------------------------------------------

    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
    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.
---------------------------------------------------------------------------

     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.
     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 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 Web 
sites 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 anthropogenic source, 
discontinued

[[Page 1449]]

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.

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 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 Web site, provide the 
address of the Web site and the date you last visited the Web site and 
identify the Web site publisher and content author.
    If your concern is that competitors could use a particular 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 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 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

[[Page 1450]]

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.
     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 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 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 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 
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.

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.
    For purposes of assessing the impacts of this re-proposal 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.

[[Page 1451]]

    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 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 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 
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

    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

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

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113 (15 U.S.C. 272 note) directs 
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 Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs,

[[Page 1452]]

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.
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: December 22, 2011.
Lisa P. Jackson,
Administrator.
    For the reasons stated in the preamble, title 40, Chapter I, of the 
Code of Federal Regulations is proposed to be amended as follows:

PART 98--[AMENDED]

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

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

Subpart A--[Amended]

    2. 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
----------------------------------------------------------------------------------------------------------------
                                                                            Specific data elements for which
                                                                            reporting date is March 31, 2013
                 Subpart                  Rule citation  (40 CFR part   (``All'' means all data elements in the
                                                      98)                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.
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.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2011-33591 Filed 1-9-12; 8:45 am]
BILLING CODE 6560-50-P
```