Schmeltz , Rachel

From : S e nt: To : C c: Su b j ect: Att ac hm e nt s:

Aaron, Schmeltz , Rachel Monday , December 14 , 2015 12 : 25 PM

' Szabo , Aaron ' Ragan Tate ; Friedman , Kristina ; Vanlare , Paula ; Banks , Julius Redline Strikeout version of SAN 583 5 SAN 5835

_ GHGRP Amendments Proposal 12

- 14

- 15_RLSO.docx

Attached is the red line strikeout version of the preamble and amendatory text for SAN 5835 "2015 Revisions and Confidentiality Determinations for Data Elements Under the Greenhouse Gas Reporting Rule" which addresses all comments from interagency r eview.
Please note that there's one table in section V (impacts) that isn't formatted well, but it won't format correctly until the changes are accepted (an MS Word issue).
If you have any questions, please let me know. Thanks! Rachel
Rachel Schmeltz U.S. Environmental Protection Agency schmeltz.rachel@epa.gov Phone: 202

- 343

- 9124 Telework on most Fridays Alternate phone number for telework days: 301-252-8060.

1Draft Internal EPA Deliberative Document

– Do not quote or cite. DRAFT 09

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 98 [ EPA
- HQ
- OAR
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RIN 2060
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2015 Revisions and Confidentiality Determinations for Data Elements Under the Greenhouse Gas Reporting Rule ; Proposed Rule AGENCY: Environmental Protection Agency (EPA)

. ACTION: Proposed rule ; Grant of Reconsideration.
SUMMARY : The Environmental Protection Agency ( EPA ) is proposing to amend specific provisions in the Gree nhouse Gas Reporting Rule to streamline and improve implementation of the rule, to improve the quality and consistency of the data collected under the rule, and to clarify

or provide minor updates to certain provisions that have been the subject of questions from reporting entities

. This action also proposes c onfidentiality determinations for the reporting of certain data elements to the program

. This a ction also proposes action in re sponse to a petition to reconsider specific aspects of the Greenhouse Gas Reporting Rule.
DATES: Comments

. Comments must be received on or before [insert date 45 days after publication in the Federal Register]

. Public Hearing

. The EPA does not plan to con duct a public hearing unless requested

. To request a hearing, please contact the person listed in the following FOR FURTHER
INFORMATION CONTACT section by [ insert date 5 days after publication in the Federal Register ]

. If requested, the hearing will be conducted on [ insert date 15 days after publication in the Federal Register ] , in the Washington, DC area

. The EPA will provide further informationDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 2 of 290 about the hearing on its W eb site ( http://www.epa.gov/ghgreporting/index.ht ml ) if a hearing is requested.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA
- HQ
- OAR
- 2015
- 0526 , to the Federal eRulemaking Portal: http://www.regulations.gov . Follow the online instructions for s ubmitting comments. Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other info rmation whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion o f all points you wish to make. Th e EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting

epa - dockets

. FOR FURTHER GENERAL INFORMATION CONTACT: Carole Cook, Climate Change Division, Office of Atmospheric Programs (MC

- 6207J), Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460; telephone number: (202) 343

- 9263 ; fax number: (202) 343

- 2342; e mail address: GHGReporting@epa.gov

. Alternatively , you may contact the Greenhouse Gas Reporting Rule Helpline at: http://www.epa.gov/climatechange/emissions/ghgrule_contactus.htm or Carole Cook at 202

– 343

– 9263.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 3 of 290 Worldwide Web (WWW )

. In addition to being available in the docket, an electronic copy of today's proposal will also be available through the WWW

. Following the Administrator's signature, a copy of this action will be posted on the EPA’ s G reenhouse Gas Reporting R ule website at http://www.epa.gov/ ghgreporting

. SUPPLEMENTARY INFORMATION : Regulated Entities

. Th ese proposed revisions affect entities that must submit annual greenhouse gas (GHG) reports under the Greenhouse Gas Reporting Program (GHGRP) (40 CFR part 98). This proposed rule would impose on entities across the U.S. a degree of reporting consistency for Greenhouse Gas Emissions from most sectors of the economy and therefore is “nationally applicable” within the meaning of section 307(b)(1) of the Clean Air Ac t (CAA). Although the EPA concludes that the rule is nationally applicable, the EPA is also making a determination, for purposes of CAA section 307 (b)(1), that this action is of nationwide scope and effect and is based on such a determination. (See CAA

se ction 307(b)(1) (a petition for review may be filed in the United States Court of Appeals for the District of Columbia “if such action is based on a determination of nationwide scope or effect and if in taking such action the Administrator finds and publis hes that such action is based on such a determination”). Further, T t he Administrator has determined that rules codified in 40 CFR part 98 are subject to the provisions of Clean Air Act (CAA) section 307(d). See CAA section 307(d)(1)(V) (the provisions of s ection 307(d) apply to “such other actions as the Administrator may determine”). These are proposed amendments to existing regulations. If finalized, these amended regulations would affect owners or operators of certain suppliers and direct emitters of
GHGs

. Regulated categories and entities include , but are not limited to, those listed in Table 1 of this preamble:DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 4 of 290 Table 1 . Examples of Affec ted Entities by Category Category NAICS Examples of affected facilities General Stationary Fuel Combustion Sources ......... Facilities operating boilers, process heaters, incinerators, turbines, and internal combustion engines. 211 Extractors of crude petroleum and natural gas. 321 Manufacturers of lumber and wood products. 322 Pulp and paper mills. 325 Chemical manufacturers. 324 Petroleum refineries, and manufacturers of coal products. 316, 326, 339 Manufacturers of rubber and miscellaneous plastic products. 331 Steel works, blast furnaces. 332 Electroplating, plating, polishing, anodizing, and coloring. 336 Manufacturers of motor vehicle parts and accessories. 221 Electric, gas, and sanitary services. 622 Health services. 611 Educational services. Acid Gas Injection Projects 211111 or 211112 Projects that inject acid gas containing CO 2 underground. Adipic Acid Production 325199 Adipic acid manufacturing facilities. Aluminum Production 3 31312 Primary aluminum production facilities. Ammonia Manufacturing 325311 Anhydrous and aqueous ammonia manufacturing facilities. CO 2 Enhanced Oil and Gas Recovery Projects 211 Oil and gas extraction projects using CO 2 enhanced oil and gas recovery. Electrical Equipment Use 221121 Electric bulk power transmission and control facilities

. Electronics Manufacturing 334111 Microcomputers manufacturing facilities.
334413 Semiconductor, photovoltaic (solid

state) device manufacturing facilities.
334419 LCD unit screens manufacturing facilities. MEMS manufacturing facilities. Geologic Sequestration Sites N/A CO 2 geologic sequestration projects. Glass Production 327211 Flat glass manufacturing facilities.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 5 of 290 Category NAICS Examples of affected facilities 327213 Glass container manufacturing facilities. 327212 Other pressed and blown glass and glassware manufacturing facilities. HCFC

– 22 Production and HFC

– 23 Destruction 325120 Chlorodifluoromethane manufacturing facilities Hydrogen Production 325120 Hydrogen manufacturing facilities.

Iron and Steel Production 331111 Integrated iron and steel mills, steel companies, sinter plants, blast furnaces, basic oxygen process furnace shops.
Lime Production 327410 Calcium oxide, calcium hydroxide, dolomitic hydrates manufacturing facilities. Nitric Acid Production 325311 Nitric acid manufacturing facilities. Petrochemical Production 3 2511 Ethylene dichloride manufacturing facilities. 325199 Acrylonitrile, ethylene oxide, methanol manufacturing facilities. 325110 Ethylene manufacturing facilities. 325182 Carbon black manufacturing facilities. Phosphoric Acid Production 325312 Phosphoric acid manufacturing facilities. Petroleum Refineries 324110 Petroleum refineries. Pulp and Paper Manufacturing 322110 Pulp mills. 322121 Paper mills. 322130 Paperboard mills. Municipal Solid Waste Landfills 562212 Solid waste landfills. 221320 Sewage treatment facilities. Soda Ash Manufacturing 325181 Akalies and chlorine manufacturing facilities. 212391 Soda ash, natural, mining and/or beneficiation. Suppliers of Coal Based Liquids Fuels 211111 Coal liquefaction at mine sites. Suppliers of Petroleum Products 324110 Petroleum refineries. Suppliers of Natural Gas and NGLs 221210 Natural gas distribution facilities.
211112 Natural gas liquid extraction facilities. Suppliers of Industrial Greenhouse Gases 325120 Industrial gas manufacturing facilities.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 6 of 290 Category NAICS Examples of affected facilities Suppliers of Carbon Dioxide 325120 Industrial gas manufacturing facilities. Underground Coal Mines 212113 Underground anthracite coal mining operations. 212112 Underground bituminous coal mining operations. Industrial Wastewater Treatment 322110 Pulp mills. 322121 Paper mills. 322122 Newsprint mills. 322130 Paperboard mills. 311611 Meat processing facilities. 311411 Frozen fruit, juice, and vegetable manufacturing facilities. 311421 Fruit and vegetable canning facilities. 325193 Ethanol manufacturing facilities. 324110 Petroleum refineries. Industrial Waste Landfills 562212 Solid waste landfills. 221320 Sewage treatment facilities. 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. Table 1 of this preamble is not intended to be exhaustive, but rather provides a guide for readers regarding facilities likely to be affected by this action

. Other types of facilities than those listed in the table could also be subject to reporting requirements

. To determine whether you are affected by this action, you should carefully examine the applicability criteria found in 40 CFR part 98, subpart A or the relevant criteria in the sections related to industria l gas suppliers and direct emitters of GHGs. If you have questions regarding the applicability of this action to a particular facility, consult the person listed in the preceding FOR FURTHER GENERALDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 7 of 290 INFORMATION CONTACT s ection. Many facilities that are affected by 40 CFR part 98 have GHG emissions from multiple source categories listed in Table 1 of this preamble. Acronyms and Abbreviations

. The following acronyms and abbreviations are used in this document.
ASTM American Society for Testing and Materia ls CAA Clean Air Act CAS Chemical Abstracts Service CBI confidential business information CEMS continuous emission monitoring system CFR Code of Federal Regulations CH 4 methane CO 2 carbon dioxide CO 2 e carbon dioxide equivalent DE destruction efficiency EDC ethylene dichloride
e - GGRT electronic Greenhouse Gas Reporting Tool EF emission factor EGU NSPS Standards of Performance for Greenhouse Gas Emissions from New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Unit s EIA Energy In formation Administration EO Executive Order ER enhanced oil and gas recovery EPA U.S. Environmental Protection Agency FR Federal Register GHG greenhouse gas GHGRP Greenhouse Gas Reporting Program GWP Global warming potential Hg mercury HHV high heat value ICR Information Collection Request IPCC Intergovernmental Panel on Climate Change ISBN International Standard Book Number IUPAC International Union of Pure and Applied Chemistry IVT Inputs Verification Tool kg kilograms LDC local distribution companyDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 8 of 290 LNG liquefied natural gas mmBtu/hr million British thermal units per hour mmcfd million cubic feet per day MSHA Mine Safety and Health Administration MSW municipal solid waste mt CO 2 e metric tons of CO 2 equivalents N 2 O nitrous oxide NGL natural gas liquid NAI CS North American Industry Classification System OAQPS Office of Air Quality Planning and Standards ODS ozone - depleting substances OMB Office of Management and Budget PRA Paperwork Reduction Act PFC perfluorocarbon QA/QC quality assurance/quality control R FA Regulatory Flexibility Act RY Reporting year SF6 Sulfur hexafluoride UIC U nderground Injection Control U.S. United States UMRA Unfunded Mandates Reform Act of 1995 VCM vinyl chloride monomer
TABLE OF CONTENTS I. Background A. How is this preamble organized? B. Ex ecutive Summary C. Background on this Proposed Rule D. Legal Authority E. When would the proposed amendments apply? F. Where can I get a copy of information related to the proposed rule? G. Methods Incorporated by Reference II. Overview and Rationale for Proposed Amendments to Part 98 A. Revisions to Streamline Implementation of Part 98 B. Revisions to Improve the Quality of Data Collected under Part 98 and Improve the U.S. GHG Inventory C. Other Amendments D. Minor Corrections, Clarifications, and Harmonizing Revisions III. Proposed Amendments to Each Subpart A. Subpart A

– General ProvisionsDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 9 of 290 B. Subpart C

— General Stationary Fuel Combustion Sources C. Subpart E

— Adipic Acid Production D. Subpart F

— Aluminum Production E. Subpart G

— Ammonia Manufacturing F. Subpart I

— Electronics Manufacturing G. Subpart N

– Glass Production H. Subpart O

— HCFC

- 22 Production and HFC

- 23 Destruction I. Subpart Q

– Iron and Steel Production J. Subpart S

— Lime Manufacturing K. Subpart V

— Nitric Acid Production L. Subpart X

— Petrochemical Production M. Subpart Y

— Petroleum Refineries N. Subpart Z

— Phosphoric Acid Production O. Subpart AA

— Pulp and Paper Manufacturing P. Subpart CC

— Soda Ash Manufacturing 2. Minor Corrections and Clarifications to Subpart CC Q. Subpart DD

— Use of Electric Transmission and Distribution Equipment R. Subpart FF

— Underground Coal Mines S. Subpart HH

— Municipal Solid Waste Landfills T. Subpart II

— Industrial Wastewater Treatment U. Subpart LL

— Suppliers of Coal

- based Liquid Fuels V. Subpart NN

— Suppliers of Natural Gas and Natural Gas Liquids W. Subpart OO

— Suppliers of Industria l Greenhouse Gases X. Subpart RR

– Geologic Sequestration of Carbon Dioxide Y. Subpart TT

— Industrial Waste Landfills Z. Other Minor Revisions, Clarificatio ns, and Corrections IV. Proposed Confidentiality Determinations for New or Changed Data Reporting Elements A. Overview and Background B. Approach to Proposed Confidentiality Determinations C. Proposed Confidentiality Determinations for New or Substantially Revised Data Reporting Elements D. Proposed Confidentiality Determinations for Other Part 98 Data Reporting Elements for which No Determination has been Previously Established E. Proposed Revised Confidentiality Determination for Subpart NN Data Elements V. Impacts of the Propose d Amendments A. How was the incremental burden of the proposed rule estimated? B. Additional Impacts of the Proposed Revisions to Part 98 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 (PRA) C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act (UMRA) E. Executive Order 13132: FederalismDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 10 of 290 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 1321 1: Actions that Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Executive Order 12898: Federal Actions to Address Environmenta l Justice in Minority Populations and Low

- Income Populations
I . Background
A

. How is this preamble organized? The first section of this preamble contains background information regarding the origin of the proposed amendments. This section also discusses the EPA’s legal authority under the CAA to promulgate (including subsequent amendments to) the Greenhouse Gas Reporting Rule , codified at 40 CFR part 98 (hereinafter referred to as “ Part 98 ” ) and the EPA’s legal authority to make confidentiality determinations for new or revised data elements required by this amendment or for existing data elements for which a confidentiality determination has not previously been proposed

. Section I of this preamble also discusses when the proposed amendments woul d apply and provides additional information regarding materials referenced in this rulemaking . Section II of this preamble describes the types of amendments included in this rulemaking, and includes the rationale for each type of proposed change. Section I I I of this preamble is organized by Part 98 subpart and contains detailed information on the proposed revisions to each subpart and the rationale for the proposed revisions in each section . Section I V of this preamble discusses the proposed confidentiality determinations for new or substantially revised ( i.e. , requiring additional or different data to be reported) data reporting elements , as well as proposed confidentiality determinations for certain existing data elements in subparts I, Z, MM, NN, PP, and RR for which the EPA has not previously made a determination or where the EPA has determined that the current determination is no longer appropriate . Section V of thisDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 11 of 290 preamble discusses the impacts of the proposed amendments. Finally, s ection VI of this
p reamble describes the statutory and executive order requirements applicable to this action.
B

. Executive Summary The GHGRP is a well

- known, reliable source for high

- quality, timely greenhouse gas emissions data that enables key stakeholders to understand greenhouse gas emissions, identify emission reduction opportunities, and take action. Since the first year of data collection through the GHGRP , the EPA has responded to tens of thousands of questions from reporters, engaged in stakeholder outreach throug h compliance assistance webinars, solicited feedback via a public testing process to help improve the EPA’s electronic Greenhouse Gas Reporting Tool ( e - GGRT ) , and learned about various site specific scenarios via interaction with reporters during the verif ication of submitted data. Through these extensive outreach efforts, the EPA has improved our understanding of the technical challenges and burden associated with implementation of the Part 98 provisions, as well as issues that may impact the quality of th e data received. The proposed changes would amend specific provisions in the Greenhouse Gas Reporting Rule to streamline and improve implementation of the rule, improve the quality and consistency of the data collected under the rule, and clarify or provid e minor updates to certain provisions that have been the subject of questions and feedback from reporting entities. The EPA is proposing amendments that can be categorized as follows:

• Revisions to streamline implementation and reduce burden. These change s reduce or simplify requirements in a manner that would ease burden on reporters and the EPA. The changes would also improve the usefulness of data for the public. Such revisions include revising requirements to focus EPA and reporter resources on relevant data, removing reporting requirements for specific facilities that report little to no emissions, or removing reported data elements that are no longer necessary

.
• Amendments to improve quality of data. These amendments are needed to ensure that a ccurate data are being collected under the rule and would expand monitoring or reporting requirements that are necessary to improve verification and improve theDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 12 of 290 accuracy of data used to inform the Inventory of U.S. Greenhouse Gas Emissions and Sinks (herea fter referred to as the “ U.S. GHG Inventory ”)

.
• Minor amendments to better reflect industry processes and emissions. Such revisions include amendments to calculation, monitoring, or measurement methods that would address prior petitioner or commenter conce rns (e.g., amendments that provide additional flexibility for facilities or that more accurately reflect industry processes and emissions)

.
• Minor clarifications and corrections to improve understanding of the rule. Such revisions include the following: corrections to errors in terms and definitions in certain equations; clarifications that provide additional information for reporters to better or more fully understand compliance obligations; changes to correct cross references with in and between subparts; and other editorial or harmonizing changes that would improve the public’s understanding of the rule. This action also proposes to establish confidentiality determinations for the reporting of certain data elements added or revise d in these proposed amendments, and for certain existing data elements for which no confidentiality determinatio n has been previously propo sed. 1 Finally,

s ection III. S of this preamble describes the proposed changes in response to a petition to reconsider specific aspects of subpart HH , which applies to municipal solid waste landfills

. The proposed r evisions are anticipated to increase burden for Part 98 reporters in cases where they would expand current applicability, monitoring, or reporting, and are ant icipated to decrease burden for reporters in cases where they would streamline Part 98 to remove notification or reporting requirements or simplify the data that must be reported. The estimated incremental change in burden from the proposed amendments to Part 98 includes burden associated with: 1) c hange s to the reporting requirements by adding, revising, or removing existing reporting requirements; 2) r evis ions to the applicability of subparts such that additional facilities wou ld be required to report ; and 3) additional monitoring requirements for underground

1 During the development of Part 98, the EPA received a number of comments from stakeholders regarding their concern that some of the data reported consisted of confidential business inform ation that, if released to the public, would likely harm their competitive position. The EPA has subsequently published a series of n otices to establish determinations for th e confidentiality status of data re quired to be reported under the GHGRP (i.e., “confidentiality determinations”). See section IV.A of this preamble for additional information.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 13 of 290 coal mines

. Many of the amendments that the EPA is proposing in this action are not anticipated to have a significant impact on burden. As more fully exp lained in s ection V of this preamble , t he EPA has determined that the total incremental burden associated with all revisions in this proposed rulemaking would be $3, 87 4 , 634 per year

. As discussed in section I.E of this preamble, we are proposing to implement these changes over reporting years 2016, 2017, and 2018 in order to stagger the implementation of these changes over time . The burden has subsequently been determined based on when the proposed revisions would be implemented in each year ( e.g. , the burden for RY2016 onl y reflect s changes to subparts I (Electronics Manufacturing) and HH (Municipal Solid Waste Landfills) , and related changes to subpart A (General Provisions) ). The EPA determined that one

- time implementation costs would apply for certain revisions t o applic ability and monitoring requirements t hat would be finalized first apply in reporting year (RY) 2017 and RY2018; therefore, to determine the total annual burden that will be incurred by industry once all revisions are implemented , we have estimated costs through RY2019 to reflect the subsequent annual costs incurred by industry

. As more fully explained in section V of this preamble, t he EPA has determined that the total estimated incremental burden associated with all revisions in this proposed rulemaking would be $ 4,552,385 2,049,478 over the 3 years covered b y the proposed rule, with an estimated annual burden of $ 3, 58 4 , 737 1,081,830 per year once all changes have been implemented

. The incremental implementation costs for each reporting year are summarized in Table 2 of this preamble.
Table 2. Incremental Burden for Reporting Years 2016
- 2019 ($/year) Reporting Year 2016 2017 2018 2019 Total Annual Cost (a ll subparts ) $9 K $ 4 .4M 3 4 K $ 2.0 3 .9 M $ 3. 9M 1.1MDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 14 of 290 C

. Background on this Proposed Rule The GHG Reporting Rule was published in the Federal Register on October 30, 2009 (74 FR 56260). The final rule became effective on December 29, 2009 and requires reporting of GHGs from various facilities and suppliers, consistent with the 2008 Consolidated Appropriations Act. 2
The EPA s ubsequent ly proposed and finalized amendments to various subparts, including subparts in this action. The amendments generally did not change the basic requirements of Part
98 , but were intended to improve clarity and ensure consistency across the calculation, monitoring, and data reporting requirements. The EPA issued additional rules in 2010 finalizing the requirements for subparts T, FF, II, and TT (75 FR 39736, July 12, 2010); subparts I, L, DD, QQ, and SS (75 FR 74774, D ecember 1, 2010); and subparts RR and UU (75 FR 75060, December 1, 2010). Following the promulgation of these subparts, the EPA finalized several technical and clarifying amendments to these and other subparts under the GHGRP. A number of subparts have bee n revised since promulgation (75 FR 79092, December 17, 2010; 76 FR 73866, November 29, 2011; 77 FR 10373, February 22, 2012; 77 FR 29935, May 21, 2012; 77 FR 51477, August 24, 2012; 78 FR 68162, November 13, 2013; 78 FR 71904, November 29, 2013 ; 79 FR 637 50, October 24, 2014 ; and 79 FR 73750, December 11, 2014 ). The amendments in this action are a continuation of the effort to improve the GHGRP and address issues identified during implementation.
D

. Legal Authority The EPA is proposing these rule amendmen ts under its existing CAA authority provided in CAA section 114. As stated in the preamble to the 2009 final GHG reporting rule (74 FR

2 Consolidated Appropriations Act, 2008, Public Law 110

– 161, 121 Stat. 1844, 2128.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 15 of 290 56260), CAA section 114(a)(1) provides the EPA broad authority to require the information proposed to be gathered by this rule because such data would inform and are relevant to the EPA’s carrying out a wide variety of CAA provisions. See the preambles to the proposed and final GHG reporting rule for further information. In addition, the EPA is proposing confidentiality dete rminations for proposed new , revised, and existing data elements in Part 98 under its authorities provided in sections 114, 301, and 307 of the CAA. Section 114(c) of the CAA requires that the EPA make publicly available information obtained under CAA section 114, except for information (excluding emission data) that qualifies for confidential treatment. The Administrator has determined that this p roposed rule is subject to the provisions of section 307(d) of the CAA. Generally section 307(d) contains

a set of procedures relating to the issuance and review of certain enumerated CAA rules

. E

. When would the proposed a mendments apply ? In this action, the EPA is proposing: 1) numerous amendments to Part 98 including subpart

- specific revisions that would st reamline implementation of Part 98, improve the quality of the data collected under the rule, update certain provisions to more accurately reflect industry processes and emissions, and other corrections , as described in section s II and III of this preamble ; and 2) new or revised conf identiality determinations for data elements that are added or revised in th e proposed amendments or for certain existing data elements , as described in section I V of this preamble

. The EPA is planning to phase in implementation of the proposed requirements depending on the nature of the revision. Some of the amendments would apply in
RY 2016, some in RY2017, and some in RY 2018. This section describes when each of the proposed amendments would apply.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 16 of 290 We are proposing that amendments to 40 CFR part 98, subparts I (Electronics Manufacturing ) and HH (Municipal Solid Waste Landfills), with related revisions to subpart A (General Provisions), would apply to the RY2016 reports, which must be submitted by March 31, 2017. The remaining amendments proposed in this action would apply to annual reports submitted for RY2017, except for amendments to V (Nitric Acid Production), Y (Petroleum Refineries), FF (Underground Coal Mines) and OO (Suppliers of Industrial Greenhouse Gases) which would apply to reports for RY2018. We are proposing to implement these revisions over reporting years 2016, 2017, and 2018 in order to stagger the implementation of these changes over time, in consideration of the types of changes being made and the associated revisions needed to implement them, including impacts to reporters and revisions to EPA's e - GGRT . Specifically, some of the proposed changes include revisions to software that would need to be updated in e

- GGRT. The time phasing also allows sufficient lead time for reporters to impleme nt the proposed changes following the promulgation of the final rule revisions. For example, where the proposed changes would require
repor ters to collect new data that are not readily available or that could not be determined from existing monitoring and recordkeeping, the EPA would not apply these changes to RY2016 reports

. The proposed schedule also provides sufficient time for new reporters who would become subject to Part 98 as a result of the proposed amendments to acquire monitoring equipment and beg in collecting data. The amendments that would apply to RY2016, RY2017, and RY2018 reports are discussed in sections I.E.1, I.E.2, and I.E.3 of this preamble.
1. Which proposed amendments would apply beginning with RY2016? Table 3 of this preamble lists the affected subparts and proposed changes that would apply to RY 2016.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 17 of 290 Table 3 . Proposed Changes to Part 98 Applicable to RY2016 Subpart Affected a Changes Applicable in RY 2016 A

- General Provisions 40 CFR 98.6 ; ( definition of “ Gas collection system or landfill gas collection system ” only) I

- Electronics Manufacturing All proposed changes in subpart HH

- Municipal Solid Waste Landfills All proposed changes in subpart

a Subpart names may also be found in the Table of Contents for this preamble
We are proposing that all changes to subparts I and HH, and minor revisions to subpart
A , would apply to reports for RY2016 , which must be submitted by March 31, 2017. For subpart I, we are proposing several revisions that would improve the quality of the data collected. For example, w e are proposing to revise the requirements of the technology triennial report in 40 CFR 98.96(y), which applies to semiconductor manufacturing facilities with emissions from subpart I processes greater than 40,000 metric tons of carbon dioxide equivalent ( mt CO 2 e) per year. Per the requirements of 40 CFR 98.96(y)(1), facilities are required to submit the first triennial report on March 31, 2017. The changes we ar e proposing to 40 CFR 98.96(y) would clarify the types of data and measurements to be submitted with the triennial report, but would not fundamentally alter the data reported or require additional data collection from reporters. Specifically, we are clarif ying that where reporters provide any utilization and by

- product formation rates and/or destruction or removal efficiency data in the triennial report, they must also include information on the methods and conditions under which the data were collected , wh ere available (see section III. F of this preamble for additional information). We are proposing to implement the changes to subpart I in RY2016 in order to ensure that the data submitted in the triennial reports submitted on March 31, 2017 reflects these m ethods and conditions, which will help the EPA to more efficiently review the reported data. In addition to the proposed changes to 40 CFR 98.96(y), t he EPA is propos ing revis ions to improve the methodology used to calculateDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 18 of 290 the fraction of fluorinated

- GHG and fluorinated

- GHG byproduct destroyed or removed in a fab using the stack testing methodology

. Under subpart HH, we are proposing several revisions to improve the quality of the data collected, better align the rule requirements with industry operating practices, and streamline the reporting requirements. We are also proposing one related change to subpart A of Part 98 to update the definition of “gas collection system or landfill gas c ollection system” in 40 CFR 98. 6. These revisions, which are describ ed in section III. S of this preamble, are proposed to apply to RY2016 reports because they provide additional clarifications and flexibility regarding the existing regulatory requirements that address questions raised by reporters during implementation

. We have determined that it would be feasible for existing reporters to implement the proposed changes to subparts A, I, and HH for RY2016 because these changes are consistent with the data collection and calculation methodologies in the current rule. The p roposed revisions would not add new monitoring requirements, and would not substantially affect the type of information that must be collected

. T he owners or operators are not required to actually submit RY 201 6 reports until March 31, 201 7 , which is three months or more after we expect the final rule amendments based on this proposal to be published , thus providing ample opportunity for reporters to adjust to the amendments.
2. Which proposed amendments would apply beginning with RY2017? Table 4 of this pr eamble lists the affected subparts and proposed changes that would apply to RY 2017. For these revisions, reporters would submit an annual report on March 31,
2018.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 19 of 290 Table 4 . Proposed Changes to Part 98 Applicable to RY2017 Subpart Affected Changes Applicable in RY 2017 A

- General Provisions § 98.2; § 98.3; § 98.4; § 98.6 ; § 98.7( l e ) (33) ; and Tables A

- 3 and A

- 4 C

- General Stationary Fuel Combustion Sources All proposed changes in subpart

E

- Adipic Acid Production All proposed changes in subpart F

- Aluminum Production All proposed changes in subpart G

- Ammonia Manufacturing All proposed changes in subpart N

- Glass Production All proposed changes in subpart O

- HCFC

- 22 Production and HFC

- 23 Destruction All proposed changes in subpart

P

- Hydrogen Production All proposed changes in subpart Q

- Iron and Steel Production All proposed changes in subpart S

- Lime Manufacturing All proposed changes in subpart U

- Miscellaneous Uses of Carbonate All proposed changes in subpart

X

- Petrochemical Production All proposed changes in subpart Z

- Phosphoric Acid Production All proposed changes in subpart AA

- Pulp and Paper Manufacturing All proposed changes in subpart

CC

- Soda Ash Manufacturing All proposed changes in subpart DD

– Use of Electric Transmission and Distribution Equipment All proposed changes in subpart

FF

– Underground Coal Mines All proposed changes in subpart II

– Industrial Wastewater Treatment All proposed changes in subpart

LL

– Suppliers of Coal

- based Liquid Fuels All proposed changes in subpart

MM

– Suppliers of Petroleum Products All proposed changes in subpart

NN

– Suppliers of Natural Gas and Natural Gas Liquids All proposed changes in subpartDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 20 of 290
PP

– Suppliers of Carbon D ioxide All proposed changes in subpart RR

– Geologic Sequestration of Carbon Dioxide All proposed changes in subpart

TT

– Industrial Waste landfills All proposed changes in subpart UU

– Injection of Carbon Dioxide All proposed changes in subpart
The changes to subparts listed in Table 4 of this preamble would apply to the annual reports submitted for RY2017 on March 31, 2018; these changes are proposed to apply to the 2017 reporting year in order to allow for adequate time for the agency to integr ate the revisions through e

- GGRT and the Inputs Verification Tool (IVT), as well as prepare to incorporate the revisions into other GHGRP datasets and publications. The changes to subparts included in Table
4 of this preamble would be feasible for reporter s to implement for RY 201 7 because these changes are consistent with the data collection and calculation methodologies in the current rule. In most cases, the proposed revisions include minor revisions such as editorial corrections, corrections to cross

- ref erences, and technical clarifications regarding the e xisting regulatory requirements . Where calculation equations are proposed to be modified, the changes generally clarify terms in the emission calculation equations and do not materially affect monitoring requirements or how emissions are calculated. In some cases, we are adding flexibility by providing alternative monitoring methods or missing data procedures that would reduce burden on reporters. For example, in subpart AA (Pulp and Paper Manufacturing), f or missing measurements of the mass of spent liquor solids or spent pulping liquor flow rates , we are proposing to a llow reporters to use the daily mass of spent liquor solids fired that are currently reported under 40 CFR 63, subpart MM ( National Emissi on Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand

- Alone Semichemical Pulp Mills ) as an alternative to maximum mass and flow rate values currentlyDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 21 of 290 required in 40 CFR 98.275(b) (see section III. O of this preamble for additional information ). Other proposed changes would reduce the type of information that must be collected; e.g. , we are proposing to revise 40 CFR 98.2(i) of subpart A to clarify the EPA’s policies allowing reporters
to cease reporting under Part 98 (see section III.A .1 of this preamble), and we are proposing to remove reporting requirements in subpart O (HCFC

- 22 Production and HFC

- 23 Destruction) (see section III. H of this preamble) and subpart LL (Suppliers of Coal

- based Liqu id Fuels) (see section III. U of this preamble) that are no longer needed to support verification or other activities. With the exception of subpart FF, a A lthough some of the proposed revisions included in Table 4 of this preamble would include reporting ad ditional data, the EPA has determined that the data we are proposing to collect would be readily available to reporters. For example, we are proposing to add requirements to 40 CFR part 98, subpart DD (Electrical Transmission and Distribution Equipment Use ) and subpart NN (Suppliers of Natural Gas and Natural Gas Liquids) for reporters to include the name of the U.S. state or territory covered in the facility's annual report. Because these revisions would not require the collection of additional data or cha nges to existing monitoring requirements, it is feasible for these revisions to be implemented for RY2016. However, we are not implementing these changes until RY2017 to allow the agency sufficient time to incorporate the revisions into e

- GGRT and IVT. Fin ally , we note that the reporters affected under the subparts in Table 4 of this preamble are not required to actually submit RY 201 7 reports until March 31, 201 8. Because a final rule based on this proposal would be finalized in late 2016, reporters will have over a year to prepare for the amendments before they must submit RY2017 reports. As discussed in section III. R of this preamble, we are proposing some methodological changes to subpart FF to clarify the type of facilities included in the source categ ory, revise theDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 22 of 290 monitoring and data collection requirements to improve the quality of the data collected, and streamline the reporting requirements for closed coal mines. We are also proposing one related revision to 40 CFR 98.7(l)(1) in subpart A to incor porate updated methods for sampling methane concentration and conducting measurements of flow rate, temperature, pressure, and moisture content. We are proposing that these changes would apply beginning January 1, 2017 , such that

s ubpart FF reporters could begin implementing new monitoring and data collection for the 2017 reporting year on January 1, 2017, and submit the first annual report using the revised monitoring and data collection methods on March 31, 2018

. As discussed in section III. R of this
prea mble, the EPA has determined that the current monitoring and quality assurance methods used by reporters are not accurate enough to meet the needs of the GHGRP. In order to improve the data collected under subpart FF, we have determined that these changes should be implemented in a timely manner. However, g iven that the final rule revisions w ould not be finalized until the second half of 201 6 , i t would not be feasible for subpart FF facilities to acquire, install, and calibrate new monitoring equipment, or to perform more frequent monitoring, in time for the reports submitted for RY 201 6

. By starting applicability in RY2017, subpart FF reporters would have sufficient time to acquire any monitoring equipment and begin

mon itoring by January 1, 2017.
3. Which proposed amendments would apply beginning with RY2018? We are proposing that the revisions to the subparts listed in Table 5 of this preamble would apply to annual reports submitted for RY2018, which must be submitted b y March 31,
2019.
Table 5 . Proposed Changes to Part 98 Applicable for RY2018 Subpart Affected Changes Applicable in RY2018 A

– General Provisions §98.7(l) (1) ; Table A

- 5DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 23 of 290 Subpart Affected Changes Applicable in RY2018 V

– Nitric Acid Production All proposed changes in subpart Y

– Petroleum Refineries All proposed changes in subpart FF

– Underground Coal Mines All proposed changes in subpart OO

– Suppliers of Industrial Greenhouse Gases All proposed changes in subpart
We are proposing t hat revisions to subparts V, Y, FF, and OO , and one related change s to 40 CFR 98.7(l) (1) and Table A

- 5 of subpart A, would apply to RY 2018, with reporters following the revised rule requirements beginning January 1, 2018. In several cases, the proposed changes would revise the applicability of a source category to certain facilities or significantly revise existing calculation or monitoring methodologies. For example, we are proposing to revise the definition of the industrial gas supplier source category in 40 CFR part 98, subpart OO to include facilities that dest roy , but do not produce, fluorinate d GHGs and fluorinated HTFs. These proposed changes could expand the applicability of Part 98 to additional facilities that were not previously required to report under the rule; these facilities would require more time t o acquire and install monitoring equipment and begin collecting data under Part 98. Similarly, we are proposing to revise the calculation methodology for delayed coking units in 40 CFR part 98, subpart Y (Petroleum Refineries) to better reflect industry em issions (see section III. M of this preamble)

. As discussed in section III.R of this preamble, we are proposing some methodological changes to subpart FF to clarify the type of facilities included in the source category and revise the monitoring and data c ollection requirements to improve the quality of the data collected

. , and streamline the reporting requirements for closed coal mines . We are proposing a related revision to 40 CFR 98.7(l)(1) in subpart A to incorporate updated methods for sampling methane concentration and conducting measurements of flow rate, temperature, pressure, and moistureDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 24 of 290 content. G iven that the final rule revisions w ould not be finalized until the second half of 201 6 , i t is assumed that it would not be feasible for these fac ilities to acquire, install, and calibrate new monitoring equipment, or to perform more frequent monitoring, in time for the reports submitted for RY2017. However, the EPA is also seeking comment on whether underground coal mine facilities would indeed be able to meet these revised requirements for RY2017. In past rulemakings, the EPA has typically required monitoring to begin a few months after finalization of revised rules, and has offered Best Available Monitoring Methods (BAMM) to be used temporarily to provide sufficient time for facilities to come into full compliance with the newly finalized monitoring methods. In this action, to avoid the need to offer the use of BAMM and to stagger the burden associated with making revisions to e

- GGRT , we are proposing that the revisions to these subparts would apply to RY2018 reports

. If finalized, subpart V, Y, FF, and OO reporters, including new reporters, would begin following the revised rule requirements on January 1, 2018 and submit the first annual repo rts using the revised new monitoring and data collection methods on March 31, 201 9

. This schedule would allow at least

one year for subpart V, Y, FF, and OO reporters to acquire, install, and calibrate any new monitoring equipment , as well as implement any changes to existing monitoring methods, for the
201 8 reporting year. The proposed timeline also allows sufficient time for the agency to integrate any associated changes to reporting requirements in the affected subparts into e

- GGRT and other GHGRP activi ties, such as verification. The EPA is proposing one related change to subpart A that c ould apply to certain subpart
FF reporters prior to January 1, 2018 . In keeping with the proposed changes discussed in section III.A.1 of this preamble, we are proposing to revise 40 CFR 98.2(i) of subpart A to streamline the reporting requirements for closed coal mines. T hese proposed revisions would applyDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 25 of 290 beginning January 1, 2017 , consistent with the proposed revisions to 40 CFR 98.2 listed in Table
4 o f this preamble, and could affect owners and operators of abandoned underground mines (see section III.A and III.R of this preamble for additional information) . All other proposed revisions related to subpart FF would apply beginning January 1, 2018 for th e reasons described above.
F. Where can I get a copy of information related to the proposed rule? This preamble references several documents developed to support the proposed rule making. These documents provide additional information regarding the proposed changes to Part 98, and supplementary information which the EPA considered in the development of the proposed revisions . These documents are referenced in sections II through V of this preamble and are available in the docket to this rulemaking or other rulemaking dockets, as follows :

• “ Table of 2015 Revisions to the Greenhouse Gas Reporting Rule .” EPA m emorandum s ummariz ing the less substantive minor corrections , clarifications, and harmonizing revisions in the proposed rule, as discussed in s ection II of this preamble. Available in the docket for this proposed rulemaking, Docket I d

. No. EPA

- HQ

- OAR

- 2015

- 0526

. • “Re: Strong Nitric Acid Facilities in the U.S.” From Natalie Tang, EPA to Alexis McKittrick and Mausami Desai, EPA, dated January 29, 2015. Memorandu m supporting proposed revisions to subpart V (Nitric Acid Production) as discussed in s ection III.K of this preamble. Available in the docket for this proposed rulemaking, Docket I d

. No. EPA

HQ

- OAR

- 2015

- 0526

. • “Request to Consider IPCC Balanced EDC/VCM Proc ess Studies and Data for the Elimination of e

- GGRT Validation Messages at VCM Production Facilities Reporting Under Subpart X

. ” L etter received from Occidental Chemical Company , July 10, 2015 , as discussed in section III.L of this preamble. Available in the docket for this proposed rulemaking, Docket Id. No. EPA

- HQ

- OAR

- 2015

- 0526

. • “Proposed Changes to Flare Pilot Gas Reporting Requirements under the Greenhouse Gas Reporting Program (GHGRP).” From Jeff Coburn, Leslie Pearce and Kevin Bradley, RTI Internatio nal (RTI) to Brian Cook, EPA, dated July 10, 2015. Memorandum supporting proposed revisions to subpart Y (Petroleum Refineries) as discusse d in s ection III.M of this preamble. Available in the docket for this proposed rulemaking, Docket I d

. No. EPA

- HQ

- OAR

- 2015

- 0526

. “Revised Emission Methodology for Delayed Coking Units.” From Jeff Coburn, RTI to Brian Cook, EPA, dated June 4, 2015. Memorandum supporting proposed revisions to subpart Y (Petroleum Refineries) as discussed in section III.M of this preamble. Available in the docket for this proposed rulemaking, Docket Id. No. EPA

- HQ

- OAR

2015

- 0526.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 26 of 290

• “Evaluating Possible VAM Emissions Estimation Errors Based on Different Sampling Intervals (Quarterly, Monthly, Weekly).” Ruby Canyon Engineering, dated June 10, 201 5. Memorandum supporting revisions to subpart FF (Underground Coal Mines) as d iscuss ed in s ection III.R of this preamble. Available in the docket for this proposed rulemaking, Docket I d

. No. EPA

- HQ

- OAR

- 2015

- 0526. “Use of Inspection Data from the Mine Safet y Health Administration for Reporting Quarterly Methane Liberation from Mine Ventilation Shafts

. ” From Clark Talkington, Advanced Resources International, Inc. (ARI) to Cate Hight, EPA, dated November 13, 2015. Memorandum supporting revisions to subpart FF (Underground Coal Mines) as discussed in section III.R of this preamble. Available in the docket for this proposed rulemaking, Docket Id. No. EPA

- HQ

- OAR

- 2015

- 0526

.
• “Review of Oxidation Studies and Associated Cover Depth in the Peer

- Reviewed Literature.” F rom Kate Bronstein, Meaghan McGrath, and Jeff Coburn, RTI to Rachel Schmeltz, EPA, dated June 17, 2015, Memorandum supporting proposed revisions to subpart HH (Municipal Solid Waste Landfills) as d iscuss ed in section III.S of this preamble. Available in th e docket for this proposed rulemaking, Docket I d

. No. EPA

HQ

- OAR

- 2015

- 0526.

• “Review of Site

- Specific Industrial Waste Degradable Organic Content Data” from Jeff Coburn and Katherine Bronstein, RTI to Rachel Schmeltz, EPA, dated June 17, 2015

. Memorandum su pporting proposed revisions to subpart TT (Industrial Waste Landfills) as d iscuss ed in section III.Y of this preamble. Available in the docket for this proposed rulemaking, Docket I d. No. EPA

- HQ

- OAR

- 2015

- 0526

. • “ Proposed D ata C ategory A ssignments and C onfidentiality D eterminations for D ata E lements in the Proposed 2015 Revisions .” M emorandum listing all proposed new, substantially revised, and existing data elements with proposed category assignments and confidentiality determinations, as described in S ection IV of this preamble. Available in the docket for this proposed rulemaking, Docket I d

. No. EPA

- HQ

- OAR

- 2015

- 0526

. • “Final Evaluation of Competitive Harm from Disclosure of ‘Inputs to Equations’ Data Elements Deferred to March 31, 2015

. ” M emorandum, Sep tember 2014. A vailable in D ocket Id. No. EPA

- HQ

- OAR

- 2010

- 0929

. • “Summary of Evaluation of Greenhouse Gas Reporting Program (GHGRP) Part 98 ‘Inputs to Emission Equations’ Data Elements Deferred Until 2013.” M emorandum, December 17, 2012

. Available in the docket for this proposed rulemaking, Docket Id. No. EPA

- HQ

- OAR

- 2015

- 0526

. • “Final Data Category Assignments and Confidentiality Determinations for Part 98 Reporting Elements.” M emorandum, April 29, 2011 . Available in Docket I d. No. EPA

HQ

- OAR

- 2009

- 0924

.
• “ As sessment of Burden Impacts of 2015 Revisions to th e Greenhouse Gas Reporting Rule.” M emorandum describing the costs of the proposed revisions to Part 98 , as discussed in section V of this preamble. Available in the docket for this proposed rulemaking, Docket I d. No. EPA

- HQ

- OAR

- 2015

- 0526

.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 27 of 290 G

F

. Methods Incorporated by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text for 40
CFR 98.7 that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the following:

t Standard Test Methods for Determining the Biobased Content of Solid, Liquid, and Gaseous Samples using Radiocarbon Analysis (ASTM D6866

- 12), which would apply to subpart C reporters (see section III.B.2 of this preamble). These standards are available free of charge through the ASTM website ( http://www.compass.astm.org/download/d6866.15365.pdf ). These standards are available on the ASTM Web site ( http://www.astm.org/ ) to everyone at a cost determined by the ASTM ($50). The ASTM also offers memberships or subscriptions that allow unlimited access to their methods. The cost of obtaining these methods is not a significa nt financial burden, making the methods reasonably available for reporters. The EPA will also make a copy of these documents available in hard copy at the appropriate EPA office (see the FOR FURTHER INFORMATION CONTACT section of this preamble for more inf ormation) for review purposes only

.
• he i I nspection and sampling standards from the Coal Mine Safety and Health General Inspection Procedures Handbook Number: PH13

- V

- 1 (February 2013) as published by the Mine Safety and Health Administration (MSHA), which would apply to subpart FF reporters (see section III. R .2 of this preamble). These standards are available free of charge through the MSHA website ( http://www.msha.gov ) , therefore, these methods are reasonably available and do not present a significant burd en to reporters.

. The EPA has also made, and will continue to make, these documents available electronically through www.regulations.gov. Because these standards do not present a significant financial burden to reporters, the EPA has determined that these methods are reasonably available. The EPA has also made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the FOR
FURTHER GENERAL INFORMA TION CONTACT ADDRESSES section of this preamble for more information).
II . Overview and Rationale for Proposed Amendments to Part 98 In this action, the EPA is proposing to revise s pecific provisions in Part 98 to simplify and streamline implementation of the rule, improve the quality and consistency of the dataDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 28 of 290 collected under the rule, and to clarify or provide minor updates to certain provisions that have been the subject of questions and feedback from reporting entities. The EPA has identified four categories of changes that we are proposing in this rulemaking, which include the following:

• Revisions to streamline implementation of the rule by reducing or simplifying requirements that would ease burden on reporter s and the EPA, such as revising requirements to focus GHGRP and reporter resources on relevant data, removing reporting requirements for specific facilities which report little to no emissions, or removing reported data elements that are no longer necessar y;

• Amendments that would expand monitoring, applicability, or reporting requirements that are necessary to enhance t he quality of the data collected, improve verification of collected data under the GHGRP, and improve the accuracy of data included in the U.S. GHG Inventory;

• Other amendments, such as amendments to calculation, monitoring , or measurement methods t hat would address prior petitioner or commenter concerns ( e.g. , amendments that provide additional flexibility for facilities or that more accurate ly reflect industry processes and emissions).

• M inor clarifications and corrections , including: corrections to terms and definitions in certain equations ; clarifications that provide additional information for reporters to better or more fully understand compliance obligations ; changes to correct cross references within and between subparts ; and other editorial or harmonizing changes that would improve the public’s understanding of the rule

. Sections II.A through II.D of this preamble describe each of the above categories in more detail and provide rationale for the changes included in each category. The proposed changes in this action would advance the EPA’s goal of maximizing rule effectiveness. For example, these proposed changes would clarify existing rule provisions, thus enabling government, regulated entities, and the public to easily identify and understand rule requirements. In addition, specific changes such as increasing the flexibility given to reporting entities related to requesting extension s for revising annual reports would make compliance easier than non

- compliance. The proposed changes also serve to clarify whether and when reporting requirements apply to a facility, and more specifically when a facility may discontinueDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 29 of 290 reporting, thereby allowed a regulated entity to regularly assess their compliance and prevent noncompliance. The proposed changes would also improve the EPA’s ability to assess compliance by adding reporting elements that allow the EPA to more thoroughly verify GHG data a nd understand trends in emissions. For example, the proposed requirement to report the date of installation of any abatement equipment at Adipic Acid and Nitric Acid Production facilities will increase the EPA and public’s understanding of the use of and trends in emissions reduction technologies. Lastly, the proposed changes further advance the ability of the Greenhouse Gas Reporting Program to provide access to quality data on greenhouse gas emissions by adding key data elements to improve the usefulness of the data. One example is the proposed addition of the reporting of emissions by state for Suppliers of Natural Gas (subpart NN reporters)

. This data will allow users of the GHGRP data to more easily identify the state within which the reporter operates , which will be useful for determining state level GHG totals associated with natural gas supply and increase transparency and usefulness of the data reported. Additional details for the specific amendments proposed for each subpart are included in section III of this preamble. To reduce the length of this preamble, we have summarized the remaining less substantive minor corrections , clarifications, and harmonizing revisions in the memorandum, ‘‘Table of 2015 Revisions to the Greenhouse Gas Reporting Rule’’ (hereafter referred to as the ‘‘Table of Revisions’’) available in the docket for this rulemaking ( EPA

- HQ

OAR

- 2015

- 0526 ). These changes include straightforward clarifications of requirements to better reflect the EPA's intent; harmonizing changes within s ubparts (such as harmonizing terminology); corrections to calculation terms and cross - references ; editorial and minor error corrections ; and removal of redundant text

. The Table of Revisions describes each proposedDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 30 of 290 change within a subpart, including those itemized in this preamble, and provides the current rule text and the proposed correction. Where the proposed change is listed only in the Table of Revisions, the rationale for the proposed change is also listed there. We are seeking public comment only on the issues specifically identified in this notice (including the changes listed in the Table of Revisions) for the identified subparts

. We are not reopening other aspects of P art 98

. A. Revisions to Streamline Implemen tation of Part 98 Following implementation of Part 98, the EPA has identified several areas of the rule which could be revised or simplified to improve the efficiency of the requirements or to reduce the burden on reporters and the EPA

. We are consequently proposing several revisions that would streamline the requirements as well as improve implementation of the rule. Several of the proposed revisions would clarify and revise the requirements of Part 98 in order to focus the GHGRP and reporter resources on the most relevant data . In some cases, we are proposing to revise requirements to reduce when facilities must report emissions, such as by clarifying requirements for facilities that may report very little or no emissions. The EPA does not anticipate a si gnificant change in the overall reported emissions or a reduction in the quality of reported carbon dioxide equivalent ( CO 2 e ) emissions and supply . Removing these instances of reporting would also reduce burden on some reporters. As an example, we are pro posing to revise 40 CFR part 98, subpart FF to allow a n underground coal mine to cease reporting after it has closed and its status is determined to be “abandoned” by MSHA

. The CO 2 e emissions from abandoned and sealed mines are far below the reporting threshold

. The EPA is proposing these types of changes to reduce burden, as wellDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 31 of 290 as to focus the collection of data under the GHGRP on those sources that are expected to emit, import, or export larger amounts of greenhouse gases

. In addition, the EPA is proposing in this rulemaking that pilot gas, which is considered the gas used to maintain a pilot flame at the flare tip, may be excluded from the quantity of flare gas used to perform GHG emissions calculations for subparts Q (Iron and Steel Production), X (Petrochemical Production ), and Y (Petroleum Refineries). The quantity of GHG emissions associated with pilot gas is very small relative to the total GHG emissions from a flare at petroleum refineries, petrochemical production fac ilities , and iron and steel production facilities. Eliminating the monitoring of this small quantity of emissions will not adversely impact the quality of the greenhouse gas data collected and may decrease the burden associated with monitoring the flare ga s. We are proposing similar revisions to other subparts that simplify data collection for reporters and focus the provisions of the rule on the essential data that the EPA requires to review, assess, and verify reported emissions. Other proposed revisions to the rule include changes that would streamline the rule, such

as removing reported data elemen ts that are no longer necessary

. For example, for 40 CFR part 98, subpart LL (Suppliers of Coal

- based Liquid Fuels), we are proposing to remove requirements of 40 CFR 98.3 8 6 that are no longer needed to support verification or other activities. In a prior notice, " 2013 Revisions to the Greenhouse Gas Reporting Rule and Final Confidentiality Determinations for New or Substantially Revised Data Elements " (78 FR 71 904, November 29, 2013, hereafter referred to as "2013 Revisions Rule"), we finalized amendments to subpart LL that removed requirements in 40 CFR 98.386 for suppliers to report the annual quantity of each product or natural gas liquid on the basis of the measurement method used. Subpart LL reporters are currently only required to report the total annual quantities of each product or natural gasDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 32 of 290 liquid in metric tons or barrels supplied . In this action, we are proposing to remove the provisions of 40 CFR 98.386 that require suppliers to report the methods used to measure the quantities of each product reported. This change would harmonize with the previously finalized revisions which removed the requirement to report products by method and would reduce the burden on reporters. We are also proposing certain revisions that would streamline the reporting and verification process. These proposed changes would ease the burden on reporters (e.g., by reducing the actions required of reporters) and impr ove a gency implementation of the rule. For example, we are proposing to revise 40 CFR 98.2(i) to clarify the EPA’s policies allowing reporters to cease reporting under Part 98. The existing provisions of 40 CFR 98.2(i) provide options for reporters to disc ontinue reporting when annual emissions are less than certain thresholds, or if process operations are permanently shut down. We are proposing to clarify when these requirements apply for suppliers, processes or operations that cease operation in the
repor ting year, and facilities where the operations are changed such that a process or operation no longer meets the “Definition of Source Category” for a subpart. These provisions are anticipated to streamline reporting by specifying when reporters are no long er required to report for a particular process or operation

. We are proposing similar changes to Part 98 which would improve the efficiency of the reporting process. The specific changes that we are proposing that are intended to streamline Part 98, as de scribed in this section, are described for each subpart , as appropriate, in section s III.A through III. Y of this preamble.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 33 of 290 B. Revisions to Improve the Quality of Data Collected under Part 98 and Improve the U.S. GHG Inventory The EPA is also propos ing amen dments in this action that would improve the existing applicability, monitoring, or reporting requirements of Part 98 in order to enhance the quality and
accuracy of the data collected under the GHGRP , improve verification of collected data, and provide additional data to help improve estimates included in the U.S. GHG Inventory

. Several of the amendments in this action are being proposed to improve the quality of the data collected under the GHGRP. The data collected under Part 98 are used to in form the EPA's understanding of the relative emissions and distribution of emissions from specific industries, the factors that influence GHG emission rates, and to inform policy options and potential regulations. Following several years of implementation of the rule, the EPA has identified certain areas of the rule where clarifying amendments to source category definitions , revisions to calculation methodologies or monitoring methods , and revisions or additions to reporting requirements are needed to ensur e that accurate data are being collected under the rule. For example, we are proposing revisions to subpart FF to revise the monitoring requirements for methane liberated from ventilation systems to remove the option to use quarterly testing by the
MSHA. This change is being proposed because we have determined that the quarterly flowrate data gathered by MSHA can not be used to reliably estimate coal mine emissions for GHG
repor ting purposes. Instead, coal mines will be required to use one of the other exis ting methods to measure emissions from ventilation, either collection of grab samples or use of continuous emissions monitoring systems ( CEMS )

. In proposing this change, the EPA is seeking comment on whether other alterna tives, such as surface level sample s taken at the fan mouth, would achieve the same objectives for improved data quality from mine ventilation systems. InDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 34 of 290 addition, The EPA is also seeking comment on increasing the frequency with which grab samples must be taken at for underground coal mines

. that use grab samples as the monitoring method for mine ventilation systems , the EPA is proposing to increase the frequency of grab samples that must be taken

. Currently coal mines must take grab samples on a quarterly basis and report methane liberation on a quarterly basis. In this action, the EPA is proposing to seeking comment

on increas e ing the frequency of grab samples to require monthly sampling . This will in order to provide more transparent and reliable measuremen t of methane emissions from ventila tion systems while more closely aligning the monitoring requirements for mine ventilation with those for degasification systems. In proposing this change, the EPA is seeking comment on whether other alternatives, such as surface level samples taken at the fan mouth, would achieve the same objectives for improved data quality from mine ventilation systems. For comments on increasing the monitoring frequency and the availability of other alternative monitoring methods, T t he EPA encourages commenters to submit studies, data, and background information on multi

- year ventilation system monitoring that can support additional analysis. on a basis that is more frequent than quarterly. This information will help determine whether the frequency of monitoring for ventil ation emissions should be increased. In another case, we are proposing to revise existing reporting requirements to collect more detailed facility data. For example , we are proposing to amend the reporting requirements of 40 CFR part 98, subpart O ( HFC

– 22 Production and HFC

– 23 Destruction ) to require reporting of the information under 40 CFR 98.156(a) at a process level . Currently, reporters are required to submit the a nnual mass of HCFC

- 22 produced, the a nnual mass of reactants fed into the pro cess, the annual mass of HFC

- 23 emitted, and additional information under 40 CFR 98.156(a) at the facility level. Collecting this information on a process

- level basis would furtherDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 35 of 290 our understanding of emissions from HCFC

- 22 production processes and provid e a more accurate emissions profile for this sector. Some of the proposed amendments include revisions to existing reporting requirements to clarify the data that are currently reported or improve verification of reported data. For example, we are proposi ng amendments to 40 CFR part 98, subpart HH to add a requirement for landfills with gas collection systems to report the number of hours active gas flow was sent to each destruction device instead of the annual operating hours for each destruction device

. This revision is n eeded in order for the EPA’s reporting tool to accurately calculate a key variable in certain equations used to calculate emissions

. Although the proposed change would require different data to be reported, it would improve verification o f the existing data by reducing the number of reporters that o verride their equation results, resulting in fewer verification errors and follow

- up messages to reporters

. We are also proposing several amendments to ensure data collected by the GHGRP adequa tely support the U.S. GHG Inventory

. As described in the preamble of the proposed GHG Reporting Rule (74 FR 16448, April 10, 2009), the GHGRP is intended to supplement and complement the U.S. GHG Inventory by advancing the understanding of emission process es and monitoring methodologies for particular source categories or sectors. Specifically, the GHGRP complements the U.S. GHG Inventory by providing data from individual facilities and suppliers above certain thresholds to improve the assumptions and emiss ions values used in the U.S. GHG Inventory

. The c ollected facility, unit, and process

- level GHG data from the GHGRP provide and confirm the national statistics and emission estimates presented in the U.S. GHG Inventory, which are calculated using aggregated national data . These proposed amendments include clarifications to source category definitions, revisions to calculation methodologies, andDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 36 of 290 revisions or additions to reporting requirements that will improve the accuracy of the data included in t he U.S. GHG Inventory and improve our ability to inform the development of GHG policies and programs. For example, we are proposing revisions to 40 CFR part 98, subpart E (Adipic Acid Production) and 40 CFR part 98, subpart V (Nitric Acid Production) that would require reporting of the date of installation of any abatement systems (if applicable). The addition of these data elements would h elp improve the accuracy of trend estimates for these sectors in the U.S. GHG Inventory. Specifically, the proposed dat a elements would allow the

a gency to apply emission factors with and without abatement systems over the correct time periods using the reported dates. The specific changes that we are proposing for each subpart , as appropriate, are described
in section s I II.A through III. Y of this preamble. C. Other Amendments In addition to the amendments described in section s II.A and II. B of this preamble, the EPA is proposing other amendments to certain subparts of Part 98. Through outreach and communication with sta keholders, the EPA has identified certain aspects of the rule that may require substantive r evision, such as amending calculation, monitoring , or measurement methods to provide flexibility for certain facilities , or to more accurately reflect in dustry proc esses and emissions. These changes would respond to comments raised by stakeholders in prior rulemakings and issues raised by petitioners for certain subparts, and would more closely align rule requirements with the processes conducted at specific faciliti es. For example, for 40 CFR part 98, subpart TT (Industrial Waste Landfills), we are proposing to a dd several w aste t ypes for pulp and paper , including associated degradable organic content ( DOC ) and k

- values , to Table
TT

- 1 of subpart TT to include common industrial waste subtypes . The EPA is proposing theseDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 37 of 290 revisions following comments on 2013 Revisions Rule, in which stakeholders requested th e EPA add these common waste types to Table TT

- 1 of subpart TT

. These proposed revisions would improve the accuracy of calculated emissions reported by these facilities. Additional details for the amendments described in this section are discussed for each subpart , as appropriate, in section s III.A through III. Y of th is preamble. D. Minor Corrections, Clarifications, and Harmonizing Revisions The EPA is proposing additional minor corrections , clarifications , and harmonizing revisions that would imp rove understanding of the rule. These r evisions primarily include simple revisions of requirements to better reflect the EPA’s intent , such as clarifying changes to definitions, calculation methodologies, monitoring and quality assurance requirements, missing data procedures, and reporting requirements. Some of these proposed changes result from questions raised by reporters through the GHGRP Help Desk or e

- GGRT and are intended to resolve uncertainties in the regulatory text. The proposed changes would reduce confusion for reporters and correct inconsistencies in the rule.
In some cases, we are proposing minor amendments that would clarify general monitoring requirements , measurement methods, or reported data element s. These r evisions include less substantive changes , such as simple corrections to calculation terms , revisions of

cross - references, harmonizing changes (such as changes to terminology within a subpart for consistency ), simple editorial corrections, and removal of redundant text. As discussed earlier in section II of this preamble, these less substantive revisions are summarized in the Table of Revisions available in the docket for this rulemaking ( EPA

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III . Proposed Amendments to Each SubpartDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 38 of 290 This section summarizes the specific substantive amendments proposed for each Part 98 subpart, as generally described in section II of this preamble. S ection s III.A through III. Z of this preamble also identify where additional minor corrections to a subpart are included in the Table of Revisions.
A. Subp art A

– General Provisions In this action, we are proposing several amendments, clarifications, and corrections to subpart A of Part 98. This section discusses the substantive changes to subpart A; additional minor amendments, corrections, and clarificati ons are summarized in the Table of Revisions available in the docket for this rulemaking ( Docket Id

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- 0526 ). 1. Revisions to Subpart A to Streamline Implementation For the reasons described in section II.A of this preamble, we are propos ing several amendments that are intended to simplify and streamline the requirements of subpart A and increase the efficiency of the report submittal process. First, we are proposing to revise 40 CFR 98.2(i) to clarify the EPA’s policies allowing reporters to cease reporting under Part 98. The existing provisions of 40 CFR 98.2(i)(1) and (2) provide options for reporters to discontinue reporting if annual emissions are less than 25,000 mt CO 2 e for five reporting years or less than 15,000 mt CO 2 e for three reporting years, or if process operations are permanently shut down. There has been confusion among reporters as to whether these off

- ramp provisions apply to both direct emitters and suppliers, given the use of the term “emissions” in 40 CFR 9 8.2(i)(1) and (2) since suppliers report the quantity of product supplied into the economy and the emissions that would occur if the products were completely released, combusted, or oxidized when used by their customers. The EPA’s original intention was th at these off

- ramp provisions apply to both suppliers (subparts LL through QQ) and direct emitters (subparts A through KK and subparts SSDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 39 of 290 and TT ), as well as the Injection of Carbon Dioxide source category (subpart UU) . The EPA is adding a new paragraph to 40 CFR 98.2(i) to clarify this point. We are proposing to retain the current language in 40 CFR 98.2(i)(1) and (2) ( i.e. , “reported emissions”) to continue to refer to direct emitters and to add new paragraph 40 CFR 98.2(i)(4) to clarify that the provision s of 40 CFR 98.2(i)(1) and (2) apply to suppliers ( i.e. , by specifying in 40 CFR 98.2(i)(4) that 40 CFR 98.2(i)(1) and (2) apply to suppliers by substituting the term "quantity of GHG supplied" for "emissions” in 40 CFR 98.2 (i)(1) and (2)) . For example, a supplier of industrial greenhouse gases might qualify under proposed 40 CFR 98.2(i)(4) to discontinue reporting as an exporter of industrial greenhouse gases because GHG exports are less than 25,000 mt CO 2 e for five reporting years ( i.e. , as provided in 40 CFR 98.2(i)(1)). Further, we have clarified that, for suppliers, these off

- ramp provisions apply individually to each importer, exporter, petroleum refinery, fractionator of natural gas liquids, local natural gas distribution company, and producer of carbo n dioxide ( CO 2 ) , nitrous oxide ( N 2 O ) , or fluorinated greenhouse gases. For example, regarding the example above where a supplier of industrial greenhouse gases qualifies under proposed 40 CFR 98.2(i)(4) to discontinue reporting as an exporter of industrial greenhouse gases, this same supplier would still be required to report as an importer if they also report GHG imports that do not qualify under proposed 40 CFR 98.2(i)(4) to discontinue reporting because GHG imports are not less than the thresholds specif ied in 40 CFR 98.2(i)(1) or (2). Likewise, a company might qualify under 40 CFR 98.2(i)(4) to discontinue reporting as a supplier of industrial greenhouse gases under subpart OO (Suppliers of Industrial Greenhouse Gases) because the reported quantity of in dustrial greenhouse gases supplied is less than 15,000 mt CO 2 e for three reporting years ( i.e. , as provided in 40 CFR 98.2(i)(2)), but the company might still be required to report as a supplier of carbon dioxide under subpart PP because the reported quanti ty of carbon dioxideDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 40 of 290 supplied is not less than the thresholds specified in 40 CFR 98.2(i)(1) or (2)

. Additionally, the proposed off

- ramp requirements for suppliers would be applied separately from those for direct emitters

. This would occur whether the sup plier and direct emitter report as two separate entities in e

- GGRT or, for simplicity, as one entity in e

- GGRT. For example, if a facility reports under subpart Y (a direct emitter subpart) and subpart MM (a supplier subpart), and the facility meets the off

- ramp requirements in proposed 40 CFR 98.2(i)(4) for the GHG quantities reported under subpart MM but does not meet the off

- ramp requirements in 40 CFR 98.2(i)(1) or (2) for GHG emissions under subpart Y, then the facility may cease reporting under subp art MM while still reporting under subpart Y. If the subpart MM and subpart Y data were submitted in two different annual reports under two different e

- GGRT identification numbers, the facility would discontinue submitting reports for subpart MM all togeth er while continuing to submit reports for subpart Y. If the subpart MM and subpart Y data were submitted in one annual report under

one e - GGRT identification number, the facility would continue to submit reports under that e

GGRT identification number with the subpart Y data and without the subpart MM data. The requirements of 40 CFR 98.2(i)(3) allow reporters to discontinue reporting if all processes or operations cease operation ( e.g. , plant closure). There has been confusion among reporters as to whethe r there is a similar provision to cease reporting for situations where a single process or operation ceases operation. The EPA is proposing to revise 40 CFR 98.2(i)(3) to specify that reporting is not required for any process or operation that ceases opera tion in the reporting years following the reporting year in which the process or operation ceased operation, provided the owner or operator submits a notification to the Administrator and explains the reasons for the cessation of operation. For example, if a facility previously reporting under 40 CFR part 98, subpart C (Stationary Fuel Combustion Sources) and 40 CFR part 98, subpart TDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 41 of 2 90 (Magnesium Production) removes all of their combustion sources, but continues their magnesium casting operations under subpa rt T, the proposed revision to 40 CFR 98.2(i)(3) would clarify that this facility is exempt from the subpart C reporting of the combustion processes in the reporting years following the year in which the combustion sources ceased operation. Note that 40 CF R 98.2(i)(3) does not apply to seasonal or other temporary cessation of operations, and that reporting must resume for any future calendar year during which any of the
GHG

- emitting processes or operations resume operation. A similar change is being propose d to streamline reporting for operators of underground coal mines subject to 40 CFR part 98, subpart
FF . Specifically, we are proposing to amend 40 CFR 98.2(i)(3) to delete an exclusion for abandoned underground coal mines that precludes them from the off

- ramp . Data submitted by closed and abandoned mines during the first four years of the GHGRP have improved the EPA’s understanding of emissions from these mines and have shown that they produce GHG emissions in quantities well below the reporting threshold. This change is further discussed in section
III. R .1 of this preamble. In addition , there has been confusion regarding how Part 98 addresses situations where a facility no longer meets the "Definition of Source Category" specified in an applicable subpart

. For example, s ubpart II of Part 98 ( I ndustrial W astewater T reatment) applies to anaerobic processes that treat wastewater from either meat processing operations (NAICS 3116) or fruit and veget able processing (NAICS 3114). If a facility were subject to subpart II because it processes meat byproducts into human food, but switched its operations to producing animal food or to processing seafood rather than meat byproducts, then the processing plant would no longer meet the source category defin ition of "industrial wastewater treatment” in 40 CFR 98.350 because it no longer falls under th e classification of NAICS 3116. The facility, therefore,DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 42 of 290 would not be subject to reporting under subpart II. The EPA is proposing to add a new provision in 40 CF R 98.2(i)(5) to clarify that if the operations of a facility or supplier are changed such that a process or operation no longer meets the "Definition of Source Category" as specified in an applicable subpart, then the owner or operator is exempt from repor ting under any such subpart for the reporting years following the year in which change occurs, provided that the owner or operator submits a notification to the Administrator that announces the cessation of reporting for the process or operation no later t han March 31 of the year following such changes. For any future calendar year during which the process or operation meets the "Definition of Source Category" as specified in an applicable subpart, the owner or operator would be required to resume reporting for the process or operation. Lastly, the EPA is seeking comment on proposing to limit i ng resubmittal of reports to five years prior to the current reporting year. For example, in RY2016, resubmittal of reports from RY2011

- 2015 would be allowed, but a re submittal of a RY2010 report would no longer be permitted. The EPA currently requires facilities to resubmit past year reports for the Greenhouse Gas Reporting Rule in which a substantive error is identified, and allows resubmittals going back to the first year of the program. Based on the resubmittals to the program to date, the EPA has determined that the number of reports that are resubmitted falls drastically after the active verification period of 6 months, and continues to fall over time. Because ther e is significant burden to the EPA for maintaining the reporting forms needed for facilities to resubmit reports for past years, the EPA is seeking comment on limiting the resubmittals to 5

- years prior to the current reporting year. The EPA would set the l imit at five years in part because there is a 5

- yearDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 43 of 290 recordkeeping requirement in Part 98

. 3 The EPA has determined that this change will have minimal impact on the quality of the data set, as resubmissions for past years to date have not impacted overall s ector or total emission trends. While this change would not require a revision to the regulatory text, the EPA wishes to seek input from stakeholders prio r to implementing this policy. As a result, in this action, the EPA is asking for comment on limiting resubmittal of reports to five years before the current reporting year. 2. Revisions to Subpart A to Improve the Quality of Data Collected under Part 98
T he EPA is proposing several amendments to subpart A that would improve the quality of the data colle cted under the GHGRP. For the reasons described in section II.B of this preamble , these proposed revisions are intended to collect data that would improve the EPA's understanding of sector GHG emissions, and are anticipated to generally result in only a slight increase in burden for reporters. First we are proposing revisions to 40 CFR 98.3(c) to revise the content of the annual report to include three new data elements to uniquely identify individually reported fluorinated GHGs and fluorinated heat tran sfer fluids (HTF) : chemical name, CAS registry number, and the linear chemical formula

. Currently, 40 CFR 98.3(c)(4) (iii) (E) and (F) require reporting of each fluorinated GHG and fluorinated HTF from applicable source categories, and 40 CFR 98.3(c)(5)(ii) requires the reporting of each fluorinated GHG from suppliers. The rule, however, does not specif y how to identify each compound; instead , only the name of a GHG is required in a facility's annual report. Generally, reporters identify the GHGs in their ann ual report from Table A

- 1 of subpart A, which provides a list of fluorinated GHG along with the GWP of each

3 According to 98.3(g), facilities using the Inputs Verification Tool are required to maintain all records at the facility for five years. Facilities that are not required to use the Inputs Verification Tool for any subparts under which they are reporting are required to maintain records for three years.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 44 of 290 gas, a registry number assigned by the Chemical Abstracts Service (CAS), and the chemical formula. When newly developed compounds are not listed in Table A

- 1 of subpart A, reporters classify the GHG as “other” and provide a chemical name. In these situations, different reporters sometimes refer to the "other" gas by different name s ( e.g. , a standard IUPAC name as well as one or more common or trade na mes), especially when compounds have more than one name that is scientifically valid. This also results in facilities reporting the same gas under a different name from year to year. As an example, in prior reporting years, separate facilities under 40 CFR part 98, subpart I (Electronics Manufacturing) have reported emissions of the same fluorinated GHGs under multiple common names ( e.g. , octafluorotetrahydrofuran may be reported separately as octafluorotetrahydrofuran , perfluorotetrahydrofuran, and c - C 4 F 8 O ). Further, with the fast pace of technology development, new fluorinated chemicals are routinely being developed. Because of the rapid pace at which new chemicals enter the marketplace, it is not feasible for the EPA to update Table A

- 1 or the fluorinated GHG and fluorinated HTF lists in the GHGRP’s electronic reporting system fast enough to keep pace with all chemicals in use at any point in time. If a fluorinated GHG were to be reported under a different name in a future reporting year, it could result in delays or errors in data analysis and trends if the GHGRP dataset contains information for the GHG associated with two different names. To improve the usefulness of the emissions and supplier data reported, we are proposing to revise 40 CFR 98. 3(c)(4) and (5) to include two additional identifiers of fluorinated GHGs and fluorinated HTFs so that each compound can be identified unambiguously. To the extent available, we propose to require chemical identifiers provided by national consensus organiz ations. The International Union of Pure and Applied Chemistry (IUPAC) provides a naming convention that can be used for all organic chemicals. The Chemical Abstracts ServiceDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 45 of 290 (CAS) of the American Chemical Society assigns a chemical registry number that is widely used in industry and academia to identify individual chemical compounds. However, even with these two standardized services, we have learned that chemicals often are reported under different names for a variety of reasons. Therefore, knowing the lin ear chemical formula would help the EPA to classify compounds consistently. (We are proposing to require reporting of the linear chemical formula rather than the condensed chemical formula because the former provides information on the structure of the flu orinated GHG or fluorinated HTF that is useful for identifying the compound and distinguishing it from other fluorinated GHGs or fluorinated HTFs that have the same number of atoms of each element in different arrangements.) Accordingly, we are proposing t o require reporting all three of the following data elements to ensure that the EPA can properly classify and identify each unique compound reported:
Chemical name . If a chemical is not included in Table A

- 1 of subpart A ( or not listed in the Web forms in the EPA's reporting tool) , then facilities or suppliers would be required to report the name using the chemical naming convention provided by IUPAC. CAS Registry Number. If a CAS number is not assigned or if the CAS number is not associated with a single f luorinated GHG or fluorinated heat transfer fluid, then reporters would report an identification number assigned by the EPA’s Substance Registry Services

. 4

• Linear c hemical formula. Next, we are proposing to add a sentence to 40 CFR 98.3(c)( 8) to clarify the missing data provisions. The proposed revision explains that missing data provisions apply not only to reported parameters, but to any parameter used to monitor or calculate emissions. Use of missing data procedures can affect the accurac y of an emission estimate regardless of whether that

4 Substance Registry Services (SRS) is the EPA’s central system for information about substances that are tracked or regulated by EPA or other sources. It is the authoritative resource for basic information about chemicals, biological organisms, and other substances of interest to EPA and its state and tribal partners. See http://ofmpub.epa.gov/sor_internet/registry/substreg/home/overview/home.doDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 46 of 290 parameter is reported. It is the EPA’s intention that the e ffect be documented, such that the accuracy of the reported emissions may be better understood. We are proposing a change to 40 CFR 98.4(i) to update the content of the certificate of representation (COR). For each facility or suppler, all GHG reports and other communications are submitted by a “designated representative” of the owners and operators of the facility or supplier

. The designated rep resentative (DR) acts as a legal representative between the facility or supplier and the a gency
. The DR is appointed by submitting to the EPA a COR at least 60 days prior to the deadline for submission of the initial annual GHG report

. Currently, 40 CFR 98 .4(i) specifies that the COR must contain the following information:
Identification of the facility or supplier;

• Name and contact information for the DR;

• A list of the owners and operators of the facility or supplier;

• Certification statements that the DR w as appointed by a binding agreement with the owners and operators, that the DR has the necessary authority to carry out the duties and responsibilities on behalf of the owners and operators, and that the owners and operators are bound by the representation s, actions, inactions, or submissions of the DR; and

• Signature of the DR. We are proposing the addition of one item to the COR, which is a list of all the 40 CFR 98 subparts under which the facility or supplier intends to report. The information on the sub parts anticipated to be reported is for the EPA’s internal planning and management purposes, and would streamline the EPA’s internal processes related to preparing for upcoming reporting seasons. This new COR requirement would impose no new burden on repor ters. The revised content of the COR would apply only to newly submitted CORs for facilities that have not previously reported to the GHGRP . The DR would not be required to re

- submit a previously submitted COR to add the new information. For example, the n ew information would not be required for a revised COR that is submitted to change the DR, address, or list of owners. TheDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 47 of 290 information submitted on anticipated subpart applicability would be based on whatever applicability analysis the facility or supplier has conducted on their own to determine that Part 98 applies, and on best engineering judgment as to the specific subparts that apply at the time that the COR is submitted. There would be no legal obligation to include GHG data for a particular subpart in the annual GHG report only because that subpart was included in the list of subparts submitted in the COR. Rather, the annual report must include all of the subparts that the DR determines meet the applicability requirements of 40 CFR 9 8.2 at any time dur ing a reporting year. Also, the facility or supplier is not required to maintain any records to support the listing of subparts in the COR. Finally, w e are proposing to add provision 40 CFR 98.2(i)(6) to include a requirement that a facility must inform t he EPA whenever the facility (or supplier) stops reporting under one

e - GGRT identification number because the emissions (or quantity supplied) are being reported under another e

- GGRT identification number. The EPA anticipates that this would occur when

one facility purchases another facility (in its entirety) that is physically adjacent. The emissions from the purchased process equipment would automatically become part of the facility for the purchaser, and the facility previously reported by the seller wou ld no longer exist. In general, the rule currently requires a facility reporting under an e

- GGRT identification number to have a valid reason for discontinuing reporting under that e

- GGRT identification number and to notify the EPA of that valid reason. Th e e - GGRT system is set up to collect such notification from the discontinuing reporter, and the EPA routinely follows up with all facilities that have discontinued reporting without providing a valid reason. On several occasions, a facility that was discon tinuing reporting under its e

- GGRT identification number contacted the GHGRP Help Desk in an attempt to notify the EPA that the emissions would be reported under another e

-DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 48 of 290 GGRT identification number. In those cases, the discontinuing reporter was looking f or a formal way to transfer the reporting obligation to the other facility and confirm that t he rep or ter was no longer responsible for reporting those emissions. The rule currently does not require reporting of any information from which the EPA could asce rtain that the discontinuation of reporting was done for a valid reason or with which the discontinuing reporter could make a formal notification

. To ensure that the EPA is aware of situations when an annual report for a facility or supplier is no longer r equired because the emissions will now be reported under a different facility, we are proposing the following changes: if a facility reported GHG emissions in the previous year, and the GHG emissions are being reported as part of another facility in the cu rrent reporting year, the prior facility must notify the EPA of the e

- GGRT facility identification number under which the emissions are reported in the current reporting year. A similar requirement would apply to suppliers. In other words, whenever a business relationship such as an acquisition, merger, or joint venture abrogates a facility or supplier that previously registered in e

- GGRT and submitted an annual GHG report, the designated representative for the subsumed facility or supplier would have to report the e

- GGRT identification number of the reconstitute d facility or supplier. The facility identification number should be readily available to the reporter, and this change would allow the EPA to better assess compliance with the Program while providing the subsumed facility or supplier a formal method of no tifying the EPA of their valid reason for discontinuing reporting . This provision would not include Onshore Petroleum and Natural Gas Production Facilities reporting under subpart W, consistent with FAQ 749 5 , which currently does not require these faciliti es to notify the EPA when they discontinue reporting

5 The EPA publishes Frequently Asked Questions to provide general and administrative information about 40 CFR Part 98. FAQ 749 is available at: http://www.ccdsupport.com/confluenc e/pages/viewpage.action?pageId=198705183

.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 49 of 290 because of a chan g e in ownership of all wells and associated equipment in a basin

. In proposing this change, EPA is seeking comment on whether another alternative, such as requiring the reconstituted ent ity to report the e

- GGRT identification number of the subsumed facility or supplier , would impose less burden on the regulated community while achiev ing e the same objectives. For more information on subpart A confidentiality determinations resulting from t h ese proposed revision s , see section IV of this preamble

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. Other Amendments to Subpart A For reasons described in section II.C of this preamble, w e are also proposing to revise 40 CFR 98.3(h)(4) to simplify the process for requesting an extension for the reporter to respond to the EPA's questions on a submitted report or submit a revised report to correct a reporting error identified by the EPA during report verification

. Currently, reporters are allowed a 45

- day period to respond to the EPA's questions and may request an extension of 30 days, which is automatically granted, if needed. The Administrator may also grant an additional extension beyond the automatic 30

- day exte nsion, if the owner or operator submits a request for an additional extension at least 5 business days prior to the expiration of the automatic 30

- day extension. We are proposing to remove the requirement that the request for an extension beyond the automa tic 30 75 days must be submitted at least 5 days prior to their current due date the expiration of the automatic 30

- day extension . Reporters would still be required to submit a request for the additional 30

- day extension prior to the expiration of the origi nal automatic 30

- day extension , but they may do so closer to (but not after) the expiration date of the automatic
30

- day extension

.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 50 of 290 W e are also proposing two amendment s to subpart A of Part 98 to clarify a definition in
40 CFR 98.6

. We are proposing to am end the definition of “gas collection system” to clarify that active venting systems that convey landfill gas to the surface of the landfill by mechanical convection, but the landfill gas is never recovered or thermally destroyed prior to release to the
at mosphere, are not considered a landfill gas collection system. The requirements in subpart HH for gas collection systems are specific to landfill gas that is recovered or destroyed, but “active venting” systems appear to meet the definition of gas collecti on systems. The proposed revision clarifies that “active venting systems” are not subject to the monitoring and calculation requirements for landfills with gas collection systems. The EPA is proposing to amend the definitions for “ ventilation hole or shaft” in 40 CFR
98. 6 to clarify that the term “vent hole or shaft” for mine ventilation systems includes mine portal s , adit s , and other mine entrances and exits used to move air from the ventilation system out of the mine . The proposed change is p rompted by questions that we have received from reporters during the first four years of implementation, seeking guidance on whether these ventilation system components are considered part of the source category definition. Portal and adit are terms someti mes used to describe mine entries and shafts. The intent of the rule is to capture all points in the ventilation system where methane emissions may exhaust to the atmosphere

. Adding these terms should provide clarity for reporters. We do not expect this ru le change to result in an additional burden to reporters; it is a clarification to provide further guidance in applicability

. However, the EPA does expect this proposed change to improve the accuracy of reporting.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 51 of 290 4. Minor Corrections and Clarifications t o Subpart A For the reasons described in section II.D of this preamble, we are proposing several minor corrections and clarifications to subpart A of Part 98, including clarifications to definitions, editorial changes, and clarifications to reporting requ irements. These minor revisions are summarized in the Table of Revisions available in the docket for this rulemaking ( Docket Id

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. Subpart C

— General Stationary Fuel Combustion Sources In this action, we are proposing several amendments, clarifications, and corrections to subpart C of Part 98. This section discusses the substantive changes to subpart C ; additional minor amendments, corrections, and clarifications are summarized in the Table of Revisions available in the docket for this rulemaking ( Docket Id

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- 0526 ). 1. Revisions to Subpart C to Improve Quality of Data Collected in P art 98 For the reasons described in section II.B of this preamble, we are propos ing revisions that would allow the EPA to collect data that would improve the EPA's ability to verify data under
Part 98 , while generally resulting in only a slight increas e in burden for reporters. First, the EPA is proposing to require reporting of the moisture content used to correct the default high heating value ( HHV ) for wood and wood residuals (dry basis) in Table C

- 1, in accordance with the procedures of footnote 5 in Table C

- 1. The Table C

- 1 default HHV for wood and wood residuals assumes that the wood and wood residuals are dry ( i.e. , zero perce nt moisture content). However, wood and wood residuals are often wet when combusted. Applying the wet weight of the wood to the dry basis HHV overestimates emissions, as a portion of the weight that is combusted is
water.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 52 of 290 Facilities raised this concern t h rough the GHGRP Help Desk and the EPA responded by adding footnote 5 to Table C

- 1 in the 2013 Revisions Rule , which allowed reporters to correct the default dry basis HHV to a wet basis. Currently e

- GGRT and IVT require the use of the default dry basis HHV when reporting wood and wood residuals using Equations C

- 1 and C

- 8. For reporters that need to correct their HHV, the only option available is to override the e

- GGRT or IVT calculated value, which is on a dry basis. The EPA is proposing to add the moistu re correction calculation as a reporting element , as well as a data element that would be entered into IVT for those reporters using IVT. This would allow the EPA to verify the accuracy of the moisture content and resultant emissions. Based on current reporting year data, approximately 132 facilities (167 units) would be affected by this new data element. The EPA anticipates that the impact of this new data element will be minimal, as moisture content is already determined by the facilities that correct the HHV of their wood products. Because the new data element is an input to an emission equation, the EPA evaluated the data element to determine if its public release would cause disclosure concerns as was done for all inputs to equations through a prev ious action (79 FR 63750, October 24 , 2014) 6 . In the evaluation conducted for the October 24, 2 01 4 action, the EPA described in section 2.2 of Part 2

6 The October 24, 2014 action used the process established in the n otice “ Change to the Reporting Date for Certain Data Elements Required Under the Mandatory Reporting of Greenhouse Gases Rule ” (76 FR 53057, August 25, 2011 , hereafter referred to as the “Final Deferral Notice” ) and the accompanying memorandum entitled “Process for Evaluating and Potentially Amending Part 98 Inputs to Emission Equations” (Docket I d. No. EPA

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- 0929) to d etermine if there are any associated disclosure concerns. In the “Revisions to Reporting and Recordkeeping Requirements under the GHGRP” (79 FR 63750, October 24, 2014 , hereafter referred to as the “Final Inputs Rule” ), the EPA finalized an approach for ad dressing disclosure concerns associated with inputs to emissions equations, in which the inputs for which disclosure concerns were identified are entered and verified in the EPA’s inputs verification tool (IVT). IVT is a software tool that verifies emissio ns without the inputs being reported to EPA. Inputs to emissions equations for which disclosure concerns have been identified are entered into the tool. IVT uses the entered inputs to calculate emission equation results. IVT does not retain the entered inp uts but conducts certain checks of the inputs and calculated emissions values and generates a verification summary. The same process was used for the evaluation of this new input to equation data element.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 53 of 290 of the memorandum “Final Evaluation of Competitive Harm from Disclosure of ‘Inputs to Equations’ Data Elem ents Deferred to March 31, 2015,” September 2014 ( available in D ocket Id. No. EPA

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- 0929 ) that data related to “ process design, process performance, and/or cost to do business ” could be detrimental to a firm’s competitiveness. After considering
t his newly proposed data element, we have determined that for those subpart C combustion sources that do not meet the criteria specified in 40 CFR 98.36(f), 7 this data element fits the description of being related to “process design, process performance, an d/or costs to do business

. ” Specifically, for industrial facilities that produce wood and wood residuals as a production process byproduct ( e.g. , pulp and paper production), the moisture content of the wood and wood residuals affects the heating value of t he wood fuel used to produce steam for the production process. As such, moisture content could reveal information about process efficiency and the cost to produce a product. However, given the wide range of industries subject to the wood and wood residuals reporting requirements under subpart C, it is possible that there are industries that do not have concerns disclosing the proposed new data element. In light of the above, we propose to allow reporters to elect under 40 CFR 98.3(d)(3)(v) and 40 CFR 98.36( a) (for subpart C sources that do not meet the criteria specified in 40 CFR 98.36(f)) to either enter the moisture content into IVT or, if potential disclosure is not a concern to the reporter, report the data. 8 If a reporter were to elect to enter the dat a into IVT, the reporter would also be required to keep a record of the data as specified in proposed new 40 CFR 98.37(b)(37).

7 40 CFR 98.36(f) specifies the following criteria for combustion sources: (1) the stationary fuel combustion source contains at least one combustion unit connected to a fuel

- fired electric generator owned or operated by an entity that is subject to regulation of customer billing rates by the public utilit y commission (excluding generators that are connected to combustion units that are subject to subpart D of this part); and (2) the stationary fuel combustion source is located at a facility for which the sum of the nameplate capacities for all electric gen erators specified in paragraph (f)(1) of this section is greater than or equal to 1 megawatt electric output. 8 If a reporter elects to report the moisture content of wood and wood residuals for a source that does not meet the criteria specified in 40 CFR 98.36(f), e

- GGRT will require the reporter to waive the right to make confidentiality claims before reporting the moisture content via e

- GGRT.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 54 of 290 After considering whether disclosure concerns exist for those sources that meet the criteria in 40 CFR 98.36(f), the EPA has dete rmined that the moisture content of the wood and wood residuals would not reveal any proprietary information about facility or process performance, design, and operation; cost to do business; raw material usage; or production. Site

specific fuel characteri stics do not vary significantly from publicly

- known average values. Additionally for the electric utilities, this sector has experienced a high level of transparency due to the practice of passing fuel costs through to paying customers. The EPA is proposin g that, for sources that meet the criteria in 40 CFR 98.36(f), there are no disclosure concerns and the moisture content of the wood and wood residuals must be reported in e

- GGRT. For emissions reported using the aggregation of units (GP) and common pipe (CP) configurations , the EPA does not currently have the ability to compare emissions to the cumulative maximum rated heat input capacity for the units in the configuration. This information is important for verifying these emissions. The EPA is proposing to resolve this gap in verification by requiring reporting of the cumulative maximum rated heat input capacity for all units (within the configuration) that have a maximum rated heat input capaci ty greater than or equal to 10 ( mmBtu/hr )

. When originally promulgated, 40 CFR 98.36(c) required the cumulative heat input capacity for all units in GP and CP configurations. These requirements were removed in December 2010 amendments to the Greenhouse Gas Reporting Rule (75 FR 79092, December 17, 2010) . The 2010 final rule noted that for verification purposes, “the only critical data element is the maximum rated heat input capacity of the largest unit in the group” (75 FR 79117). Although the highest maximum rated heat input capacity of any unit in these configurations isDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 55 of 290 useful in verifying compliance with the rule requirements, it does not provide enough information to assess the quality of emissions reported under these configurations. Currently over 50 percent non - biogenic CO 2 reported under s ubpart C is reported using GP and CP configurations. Therefore, we have identified the need to obtain additional information on these reporting configurations to further assess data quality for these reported emissions. The cumulative maximum rated heat inp ut capacity will be used to verify that emissions data are not over or under reported for GP and CP configurations. In the December 2010 amendments (75 FR 79117), commenters highlighted the burden associated with determining the maximum rated heat input c apacity and maintaining an equipment count for small domestic combustion sources ( e.g. , water heaters, furnaces, space heaters) located at large industrial facilities. The EPA agrees with the commenter s ’ position and believes that meaningful data verificat ion can be achieved without requiring information on small domestic combustions sources, as GHG emissions data are typically domin ated by larger emission units. There were approximately 7,000 GP and CP configurations reported in 2014, out of the total 18, 000 configurations reported in s ubpart C. Of these, approximately 2,250 reporting configurations reported that the highest maximum rated heat input capacity of any unit in the configuratio n was less than 10 ( mmBtu/hr )

. The total non

- biogenic CO 2 reported f rom these 2,250 configurations was approximately 2 percent of the total non

- biogenic CO 2 reported for all 7,000 GP and CP configurations. The remaining 98 percent of non

- biogenic CO 2 reported came from the 4,750 GP and CP configurations that identified the highest maximum rated heat input capacity of any unit as greater than or equal to 10 ( mmBtu/h r )

. Th ese data provide evidence that using the heat input capacity information from uni ts greater than or equal to 10 mmBtu/hr willDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 56 of 290 allow for meaningful data validation without mandating over

- burdensome requirements for reporters. When reporting the cumulative maximum rated heat input capacity, reporters will not be required to account for units less than 10 mmBtu/hr . For GP con figurations, this means that the cumulative maximum rated heat input capacity will be determined as the sum of the maximum rated heat input capacities for all units in the group that are greater than or equal to 10 (mmBtu/hr) and less than or equal to 250 (mmBtu/hr). Units with a maximum rated heat input capacity greater than 250 mmBtu/hr are not allow ed to use the GP configuration. For CP configurations, the cumulative maximum rated heat input capacity will be determined as the sum of the maximum rated hea t input capacities for all units served by the pipe that a re greater than or equal to 10 ( mmBtu/hr ) . Note that fuel use and corresponding emissions are still required to be

r eported for units with a maximum rated heat input capacity less than 10 ( mmBtu/hr ) . Emissions reporting of GHG s for GP and CP configu rations will remain unchanged. Approximately 2,250 existing GP and CP reporting configurations will not be affected by this new requirement. Approximately 4,750 GP and CP reporting configurations will be required to determine and report cumulative maxi mum rated heat input capacity. This equates to approximately 3,540 affected facilities (out of the roughly 5,925 r eporting in s ubpart C). However, many of these affected facilities will likely benefit from no t having to account for units with a heat input capacity less than 10 ( mmBtu/hr ) . The EPA believes that the burden associated with determining the cumulative maximum rated heat input capacity for GP and CP

c onfigurations will be minimal. Existing air permi ts and compliance records for other federal and state regulations likely contain heat input capacity data for many of the affected sources ( i.e. , units greater than or equal to 10 mmBtu/hr). The proposed requirement for reporting of theDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 57 of 290 cumulative maximum rated heat input capacity for GP and CP reporting configurations would greatly improve the ability to verify emissions for these configurations. For more information on subpart C confidentiality determinations resulting from these proposed revisions, see section IV of this preamble

. 2. Other Amendments to Subpart C For the reasons described in section II. C of this preamble, w e are proposing revisions to the requirements of 40 CFR part 98, subpart C (General Stationary Fuel Combustion Sources) to 1) clarify the reporting requirements when the results of HHV sampling are received less frequently than monthly for certain sources ; 2) streamline the conversion factors used to convert short tons to metric tons ; and 3) revise Tables C

- 1 and C

- 2 to more clea rly define emission factors for certain petroleum products

. First, we are proposing to amend 40 CFR 98.33(a)(2)(ii)(A) to clarify the definition of terms for Equation C

- 2b in cases where the results of HHV sampling are received less frequently than monthl y. Reporters subject to 40 CFR 98.33(a)(2)(ii)( B ) may use Equation C

- 2b, however the equation currently defines the frequency of HHV sampling as monthly. This proposed revision will replace the term “month” in the equation inputs “ (HHV) I , ” “(Fuel) I , ” and “n” with the term “samples.” We are proposing changes to Table s C

- 1 and C

- 2 to remove duplication and to further classify several fuels to provide clarity. These changes are minor clarifications to existing rule requirements and, therefore, do not imp act the burden on repor ters. The first change that we are proposing to Table C

- 1 is to remove duplication of default HHV and CO 2 emission factors for petroleum coke. Petroleum coke is currently listed under both the “Petroleum products” category and “Other fuels

— solid” category. To avoid confusion with the classification of this fuel, weDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 58 of 290 propose to remove petroleum coke from both of these categories and to include the fuel under a new category entitled “Petroleum products

— solid.” The second change to Table C

- 1 proposed is to move the fuel propane gas from the “Other fuels

— gaseous” category into a new category entitled “Petroleum products

— gaseous.” Propane is also included under the “Petroleum products” category, and we are not proposing to remove propane fr om this category as a majority of reporters use this fuel type when reporting use of propane. To help clarify that all fuels in the “Petroleum products” category are liquid fuels, we propose to rename this category to “Petroleum products

— liquid.” In conjun ction with the changes to Table C

- 1 for propane and petroleum coke, we are also proposing to change Table
C

- 2 to further clarify that these fuels are considered petroleum products and their methane ( CH 4 ) and N 2 O emissions should be calculated and reported accordingly. Therefore we propose to change the “Petroleum (All fuel types in Table C

- 1)” category to “Petroleum Products (All fuel types in Table C

- 1) , ” which will encompass all liquid, solid, and gaseous petroleum products. We are also proposing another change to Table C

- 2 to further streamline the CH 4 and
N 2 O emission factors for fuels in the “Other fuels

— solid” category. With the proposed reclassification of petroleum coke from this category to a new solid petroleum products category, the remaining fuel s are municipal solid waste (MSW), tires and plastics. Both MSW and tires are listed in Table C

- 2 and have identical CH 4 and N 2 O emission factors, however plastics are not included in the table. We are proposing to combine the MSW and tire line items into an “Other fuels

— solid” category, which would encompass all three solid fuels ( i.e. , MSW, tires and plastics)

. Finally, we are proposing to update the Standard Test Methods for Determining the Biobased Content of Solid, Liquid, and Gaseous Samples using Ra diocarbon Analysis (ASTMDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 59 of 290 D6866

- 08) to the current standard (ASTM D6866

- 12). The proposed change would revise references to the method in 40 CFR 98.34(d) and (e) , 40 CFR 98.36(e)(2) , and include a harmonizing change to 40 CFR 98.7(e)(33)

. 3. Minor Corrections and Clarifications to subpart C In addition to the substantive changes proposed, as described in section II.D of this preamble, we are proposing minor revisions that are intended to clarify specific provisions in subpart C

. The se minor re visions are summarized in the Table of Revisions available in the docket for this rulemaking ( Docket Id

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- 0526 ). C. Subpart E

— Adipic Acid Production In this action, we are proposing amendments to subpart E of Part 98 (Adipic Acid Produ ction) . This section discusses all of the proposed amendments to subpart E. 1. Revisions to Subpart E to S treamline I mplementation For the reasons described in section II.A of this preamble , we are proposing one amendment that is intended to simplify and streamline the requirements of subpart E and increase the efficiency of the report submittal process. We are proposing to revise 40 CFR 98.53(a)(2) to remove the annual approval for an alternat iv e method for determining N 2 O emissions request by the reporte r and the annual request approval by the EPA if the reporter’s methodology has not changed

. Reporters that are subject to subpart E are allowed to use an alternative method to calculate N 2 O emissions from the production of adipic acid. The alternative meth od must be approved by the EPA before being used to comply with subpart E. Currently, reporters who choose to use the alternative method are required to request approval on an annual basis and provide the following information:DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 60 of 290

• t he calculation method for d etermining annual N 2 O emissions;

• associated data collection procedures (parameters, how the parameters will be determined, frequency of data collection);

• initial and ongoing monitoring and quality assurance ( QA ) / quality control ( QC ) procedures;

• missing data procedures that will be applied in the event that quality

- assured parameters are unavailable ( e.g. , if a CEMS malfunctions during a unit operation);

• any N 2 O emissions abatement technology that is being used on this unit or process;

• any specific test methods or industry consensus standards that would be applied (ASTM, EPA, etc.) for data collection or monitoring; and

• any data reporting elements, in addition to the elements required in the rules, which would be provided to the EPA to verify the calculated emissions using the alternative method. In this rulemaking, the EPA is proposing to allow additional flexibility in the use of alternative methods by removing the annual approval request. Unless there have been changes in the reporte r’s methodology. If a reporter received approval to use an alternative method in the previous reporting year and the methodology has not changed, the EPA is proposing that the

re quest f or use of the alternative method be automatic ally approv ed for subseque nt reporting
year s
. For most reporters, the alternative method is based on innovative methodologies that are already in practice at the facility, so the underlying monitoring, data collection, and QA/QC procedures used are unlikely to change from one reporting year to the nex t. The reporter would only need to notify the EPA that it is using an already approved alternative method

. This notification would be included in the annual report submission. If, however, a reporter makes any changes to the previously

- approved alternative method, then it must request permission to use the revised method as stated in 40 CFR 98.53(a)(2). Not only would this proposed change add flexibility to the reporters, it would also reduce the burden for reporters to comply with subpart E . By requiring r equests only for new approvals or for methodologies that have changedDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 61 of 290 since prior approval, the EPA burden required to review and approve the methodologies would also be reduced

. 2. Revisions to Subpart E to I mprove the Q uality of D ata C ollected under Part 98 and Improve the U.S. GHG Inventory For the reasons described in section II.B of this preamble , we are proposing one amendment that is intended to improve the quality of data collected under subpart E while generally resulting in only a slight increas e in burden for reporters . We are proposing to revise
40 CFR 98.5 6 (f) to require reporting of the date of installation of any N 2 O abatement technology (if applicable). This information is readily available or already collected by reporters, and would not req uire additional data collection or monitoring. This data element could be carried over from one reporting year to the next. The reporter would not be required to make changes unless additional abatement technology is installed at a later date. The addition of this data element would help improve our understanding of the use and trends in emissions reduction technologies and the accuracy of the U.S. GHG Inventory by improving the accuracy of trend estimates for this sector. Specifically, the proposed data element would allow for improved analysis of emissions by enabling the EPA to more accurately apply the applicable emission factors over specific time periods, depending on whether the emissions were exhausted to an N 2 O abatement technology during that tim e period. For more information on subpart E confidentiality determinations resulting from th ese proposed revision s , see section IV of this preamble

. D. Subpart F

— Aluminum Production In this action, we are proposing several technical amendments to 40 CFR part 98, subpart
F (Aluminum Production). This section discusses the substantive changes to s ubpart F ;DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 62 of 290 additional minor corrections and clarifications are summarized in the Table of Revisions available in the docket for this rulemaking ( Docket Id

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- 0526 ). 1. Revisions to Subpart F to Improve Quality of Data Collected in Part 98 and Improve the U.S. GHG Inventory For the reasons described in section II

. B of this preamble , we are proposing several amendments to 40 CFR 98, s ubpart F to impro ve the quality of the data collected under Part 98 and improve the U.S. GHG Inventory. We are proposing to require reporting of two data elements that influence perfluorocarbon ( PFC ) emissions from aluminum production: annual average anode effect minutes per cell

- day and annual smelter

- specific slope coefficients. These proposed revisions are intended to collect more accurate and informative data. As discussed in section II.B of this preamble , these proposed revisions would allow the EPA to collect data that would improve the EPA's understanding of GHG emissions from aluminum production while generally resulting in only a slight increas e in burden for reporters

. The annual average ano de effect minutes per cell day is a measure of the fraction of the time during which aluminum electrolysis cells are operating that the cells are experiencing process disturbances known as anode effects. PFC emissions from aluminum production are closely a ssociated with the frequency and duration of anode effects. 9 Smelter

- specific slope coefficients are a measure of the relationship between average anode effect minutes per cell day, aluminum production, and PFC emissions at individual smelters. Both data elements were included in the 2009 Greenhouse Gas Reporting Rule . However, in the Final Deferral Notice published on August 25, 2011, we deferred reporting of the data

9 Recent research has revealed that PFC emissions may also occur from some aluminum smelters in the absence of an ode effects as those are traditionally defined. These “non

- anode

- effect emissions” are particularly prevalent in recently built smelters that use very large cells, i.e. , cells containing 40 or more anodes. Most U.S. smelters do not use such large cells.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 63 of 290 elements because they were classified as inputs to emission equations ( 76 FR 53057 )

. 10 The two data elements were considered inputs into Equation F

- 2. In the Final Inputs Rule (79 FR 63750, October 24, 2014) , we decided not to collect these data elements and to include the inputs into Equation F

- 2 in IVT

. However, after further investigatio n, we have determined that for average anode effect minutes per cell day, the actual input in Equation F

- 2 is a monthly average, while the removed reporting element is an annual average. 11 Consequently , annual average anode effect minutes per cell day is no t an input to an emission equation and, if restored as a reporting element, would be eligible for confidential treatment. As discussed in section IV of this preamble, we are proposing to determine that the annual average of the anode effect minutes per cel l day is CBI. IVT currently requires the entry of monthly anode effect minutes and smelter

- specific slope coefficients (along with monthly metal production), allowing PFC emission estimates from smelters to be verified. However, our interest in anode effec t minutes and slope coefficients goes beyond verification of emission estimates. Specifically, the annual average of anode effect minutes is of interest because it provides insight into one of the key drivers of PFC emissions from primary aluminum producti on at the facility and U.S. level

. Th is data element helps us to understand why emissions have increased or decreased in a particu lar year or over longer periods. Thus, it is important for inform ing the development of future GHG policies and
programs . In addition, it is important for explaining U.S. emission trends through the U.S. GHG Inventory. Before the GHGRP became effective, anode effect minutes (as well as smelter

-

10 See the final rule titled “Revisions to Reporting and Recordkeeping Requirements, and Confidentiality Determinations Under the Greenhouse Gas Reporting Program,” ( 79 FR 63753

- 54, October 24, 2014) for a full discussion of the history of EPA’s treatment of inputs to emission equations under the GHGRP. 11 Although a monthly total of metal production is used in Equation F

- 2, the annual total metal production is used in Equations F

- 5 and F

- 6; thus, we are not proposing to collect annual metal production.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 64 of 290 specific slope coefficients) had been provided to the EPA by most U.S. smelters under the Voluntary Aluminum Industrial Partnership (VAIP), although anode effect minutes was reported
as a company - wide (rather than smelter

- specific) average by some companies in some years. 12
Smelter

- specific slope coefficient s also influence emissions. Becaus e they are relatively stable over time (under subpart F, they are required to be re

- measured every ten years), they do not drive trends in the same way that metal production and anode effect minutes do. However, they do contribute to differences in emissio n rates from different smelters and are therefore of interest for purposes of informing GHG policies and programs

. Smelter

- specific slope coefficients are inputs to emission equations ( i.e. , to Equation F

2). In the analysis titled, “ Final Evaluation of C ompetitive Harm from Disclosure of “Inputs to Equations” Data Elements Deferred to March 31, 2015 ” (September, 2014, available in docket
EPA

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– 0929 ), we concluded that smelter

- specific slope coefficients provided data related to process efficienc y and also provided data that could be used to calculate the mass of aluminum produced if both the anode effect minutes and reported GHG emissions were also known . (The product of the slope coefficient, monthly metal produced, and monthly average anode eff ect minutes is the CF 4 emissions from the smelter or potline.) However, we are now revisiting this conclusion in light of our proposed determination that the annual average of the anode effect minutes is CBI. Without data on anode effect minutes, data on s melter

- specific slope coefficients pose few, if any, disclosure concerns. Most variability in process efficiency is driven by anode effect minutes, not smelter

- specific slope coefficients, and it is not possible to back

- calculate metal production without a node effect minutes. 13 Therefore, in conjunction with

12 Although the VAIP program continues, GHGRP reporting supplanted reporting under the VAIP. 13 A review of the slope coefficients and anode effect minutes provided under the VAIP showed that the relative standard deviation of smelter

- specific slope coefficie nts was 32 percent, while the relative standard deviation ofDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 65 of 290 our proposed determination that the annual average of the anode effect minutes is CBI, we are proposing to revise the findings in the Final Inputs Rule and to now find no disclosure concerns associated w ith this input to equation, and are proposing to collect this data. Note that we would continue to use IVT to verify the results of Equation F

- 2 because we would be collecting only one of the three inputs to this equation. 14
2. Minor Corrections and Clarifications to subpart F In addition to the substantive changes proposed, as described in section II.D of this preamble, we are proposing minor revisions that are intended to clarify specific provisions in subpart F

. These minor corrections are summari zed in the Table of Revisions available in the docket for this rulemaking ( Docket Id

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- 0526 ). E. Subpart G

— Ammonia Manufacturing In this action, we are proposing multiple amendments to subpart G of Part 98 (Ammonia Manufacturing) . Thi s section discusses all of the proposed changes to subpart G. 1. Revisions to Subpart G to Improve Quality of Data Collected in P art 98 and Improve the U.S. GHG Inventory For the reasons described in section II.B of this preamble, we are proposing revis i on s that would allow the EPA to collect data that would improve the EPA’s understanding of GHG emissions from ammonia manufacturing while generally resulting in only a slight increase in burden for reporters. Specifically, we are proposing to add three data reporting elements. We are proposing to amend 40 CFR 98.76(a) to require reporting of annual ammonia production for facilities where a CEMS is used to measure CO 2 emissions, 40 CFR 98.76(b)(2) to require

anode effect minutes was 95 percent. The comparison was made for the year 2007 because that is the most recent year for which detailed smelter

- specific slope coefficients were available. 14 IVT wi ll use the data element reported to e

- GGRT to calculate the emissions value.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 66 of 290 reporting of annual feedstock consumption , and 40 CFR 98.76(b)(7) to require reporting of annual average carbon content. These data elements are readily available so these proposed changes would have no impact on burden for the reporters. The addition of these data elements would improve the EPA’ s ability to verify reported GHGRP emissions, and enable the EPA to transparently apply more advanced calculation methods 15 (based on total fuel requirements) for determining emissions from ammonia production within the U.S. GHG Inventory , using aggreg ated facility level GHGRP data. Currently, the annual U.S. GHG Inventory emissions estimates are based on multiplication of a technology

- feedstock type specific default emission factor and national ammonia production. Further data on feedstock consumption and a ssociated carbon contents would assist the EPA in reconcili ng CO 2 estimates of non

- energy use of fuels in the energy sector and CO 2 process emissions from ammonia production. Finally, collecting annual ammonia production from facilities where a CEMS is use d to measure CO 2 emissions ensures data completeness if ammonia manufacturers begin employing CEMS in the future , and enhance s the EPA’s ability to verify reported information. Currently, annual ammonia production is collected on a facility basis, but only for facilities without CO 2 CEMS. For more information on subpart G confidentiality determinations resulting from these proposed revisions, see section IV of this preamble.
2. Other Amendments to Subpart G For the reasons described in section II. C of this preamble , we are proposing multiple amendments to S ubpart G to clarify the EPA’s intentions related to the reporting of annual

15 See Equation 3. 4 (Tier 3), p. 3.13 and 3.15

. 2006 IPCC Guidelines for National Inventories, Volume 3, Chapter 3, Section 3. 2 : Ammonia Production; Section 4.5 (p. 4

- 20) of U.S. I nventory http://www.epa.gov/climatechange/Downloads/ghgemissions/US

- GHG

- Inventory

- 2015

- Chapter

- 4

- Industrial

Processes.pdf

.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 67 of 290 ammonia production and annual methanol production. We are proposing to amend 40 CFR
98.74 (f) to read, “You may use compa ny records or an engineering estimate to determine the annual ammonia production and the annual methanol production.” We are also proposing to clarify the requirement to report annual methanol production for each process unit in 40 CFR 98.76(b)(15) by addi ng that this information must be reported “regardless of whether the methanol is subsequently destroyed, vented, or sold as product.” These amendments will clarify the original intent of the requirements and reduce uncertainty from reporters by address ing multiple Help Desk questions , including questions related to the reporting of methanol that were raised during the RY2014 reporting period.
F

. Subpart I

— Electronics Manufacturing In this action, we are proposing several amendments, clarifications, and corrections to subpart I of Part 98 (Electronics Manufacturing). The reporting requirements for the electronics manufacturing sector were initially promulgated under subpart I on Dece mber 1, 2010 ( 75 FR
74774 ). Since the promulgation of that final rule, the EPA has published several rules to amend the calculation, monitoring, and reporting provisions of subpart I to respond to concerns raised by reporters and representatives from the s emiconductor industry. Notably, the EPA finalized substantial amend ments to provisions in subpart I on November 13, 2013 (78 FR 68162)

. The se amendments included significant revis ions to the methods for calculating GHG emissions, including revised default emission factors and the addition of a new stack test method ology , as well as substantial revisions to monitoring methodologies, data reporting and recordkeeping requirements, and clarif ications to terms and definitions. These amendments became e ffective o n January 1, 2014 , and reporters used the revised requirements in the submittal of their annual reports for RY 2014

.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 68 of 290 In this action, we are not proposing revisions that would include significant changes to the calculation methodologies, monitoring provisio ns, or data reporting and recordkeeping requirements of subpart I. Rather, we are proposing revisions that we have identified following implementation of the November 13, 2013 final rule and through discussions with industry stakeholders on how to improve the emissions estimates from the electronics manufacturing sector. These proposed changes are needed to improve the clarity of the calculation requirements and quality of the data collected under subpart I and to improve the EPA's understanding of GHG emis sions from the electronics manufacturing sector

. This section discusses the substantive changes to subpart I; addit ional minor amendments, corrections, and clarifications are summarized in the Table of Revisions available in the docket for this rulemaking ( Docket Id

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1 . Revisions to Subpart I to Improve the Quality of Data Collected under Part 98 For the reasons described in section II.B of this pre amble, the EPA is proposing several amendments to subpart I that would improve the quality of the data collected under the GHGRP. As discussed in section II.B of this preamble , we are proposing revisions that would allow the
EPA to collect more accurate an d detailed data which would improve the EPA's understanding of sector GHG emissions, while generally resulting in only a slight increase in burden for reporters. First, t he EPA is proposing to revise E quation I

- 24 , including revising the name to Equation I

- 24A , which calculates the weighted

- average fraction of a fluorinated GHG destroyed or removed in a fab using the stack testing methodology in 40 CFR 98.93(i) , to incorporate two changes. First, instead of calculating the weighted

- average fraction of gas d estroyed or removed weighted by the consumption of that gas in different pro cess types, the EPA is proposing to revise the equation so that the average fraction destroyed or removed is weighted by theDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 69 of 290 estimated uncontrolled emissions of that gas from diffe rent process types. This change is needed
to address the fact that the same gas can have different emissions when used in different process types, and these differences could potentially lead to errors in the calculation of the fraction of gas destroyed or removed, especially at facilities with a large percentage of tools fitted with abatement. To calculate the estimated uncontrolled emissions of each gas, the EPA is proposing to use the input gas emission factors from Tables I

- 3 to I

- 7 of subpart I and the consumption of each gas in each process type for each fab. The second proposed change is to create a second equation (Equation I

- 24B) in 40 CFR 98.93(i) to calculate the weighted

- average fraction of fluorinated GHG by

- product gas “ k ” destroyed or removed in abatement systems in each fab using the stack testing methodology. This change is needed to clarify how the term d kf , which is used in several other equations in subpart I, should be calculated. This second equation would also addr ess the fact that the same by

- product gas can be formed at different rates from different input gas and process combinations, which c ould potentially lead to errors in the calculation of the average fraction of by

- product gas destroyed or removed, especial ly at facilities with a large percentage of tools fitted with abatement. The EPA is also proposing conforming changes throughout Subpart I to the rule se ctions where Equation I

- 24A and I

- 24B should be referenced. Finally, f or the triennial technology repo rt required of certain facilities as specified in 40 CFR 98.96(y), the EPA is proposing to specify that reporters that are providing any utilization and by

- product formation rates and/or destruction or removal efficiency data must also include information on the methods and conditions under which the data were collected , where such information is available . The triennial report would describe, for any utilization, by

- product formation rate, and/or destruction or removal efficiency data submitted : the method s used for theDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 70 of 290 measurements, the wafer size, film type being manufactured , substrate type, the linewidth or technology node, process type, process subtype for chamber clean processes, the input gases used and measured, the utilization rates measured, and t he by

- product formation rates measured , where this information is available

. All of these data elements, with t he exception of substrate type and linewidth, were submitted with the emission factor measurements provided to the EPA by semiconductor manufactu rers during the development of the 2010 and 2013 final rules. This information is necessary to enable the EPA to better understand th e data being submitted and to better apply it in the development o f new or revised emission factors. W ithout collecting thi s data, the agency would not be able to effectively evaluate how emissions may vary by wafer size,
film type, substrate type, linewidth or technology node, and process type or process subtype. The current subpart I is based on the recognition that emission factors vary significantly by w afer size and process type and subtype, and given the high rate of technical evolution in this sector, film type, substrate type, and linewidth may also increasingly affect emission factors. Additionally, the input gases used, methods used for measurement, and measured utilization rates and byproduct formation rates are vital for the development of accurate and useful emission factors. For more information on subpart I confidentiality determinations resulting from these
pr oposed revisions, see section IV of this preamble

. 2

. Minor Corrections and Clarifications to Subpart I For the reasons described in section II.D of this preamble, we are proposing several minor corrections and clarification to subpart I of Part 98, includ ing editorial changes, harmonizing changes, and clarifications to reporting requirements

. These minor revisions are summarized in the Table of Revisions available in the docket for this rulemaking ( Docket Id

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– Do note cite, quote, copy, or distribute Page 71 of 290 G

. Subpart N

– Glas s Production In this action, we are proposing amendments to subpart N of Part 98 (Glass Production). This section discusses the substantive changes to subpart N ; additional minor corrections are summarized in the Table of Revisions available in the docket for this rulemaking (Docket ID No.
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. For the reasons described in section II. C of this preamble , we are proposing amendments that are intended to clarify the rule requirements in subpart N , while resulting in no impact on burden for reporters . Specifically, the changes clarify that a default value of 1.0 can be used for the fraction of calcination and the carbonate mass fraction for each carbonate type contained in the raw materials charged to the furnace . The current rule is unclear as to whether a reporter must perform a chemical analysis if they select to use a default value of 1.0. We are proposing to revise 40 CFR 98. 144(b), 40 CFR 98. 144(c), 40 CFR 98. 144(d), 40 CFR 98.146(b)(5), and 40
CFR 98.146(b)(7) to clarify that no further chemical analysis is required if the default value of 1.0 is selected. These amendments will clarify the original intent of the requirements and address multiple Help Desk questions

. Additional minor editorial corrections may be found in the Table of Revi sions in the docket for this rulemaking ( Docket Id

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H

. Subpart O

— HCFC

- 22 Production and HFC

- 23 Destruction In this action we are proposing several amendments to subpart O of Part 98 (HCFC

- 22 Production and HFC

- 23 Destruction)

. This section discusses all of the changes to subpart O. 1. Revisions to Subpart O to Streamline Implementation For the reasons described in section II.A of this preamble , we are proposing several amendments to subpart O that are intended to simplify and streamline GHGRP requirements and increase the efficiency of the report submittal process , generally resulting in a decrease in burdenDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 72 of 290 on reporters

. We are proposing to revise subpart O to remove three reporting requiremen ts related to the revised destruction efficiency that facilities are required to calculate in the event that the HFC

- 23 concentration that they annually measure at the outlet of the destruction device exceeds the concentration measured during the performan ce test that is the basis for the current destruction efficiency

. The reporting requirements are found at 40 CFR 98.156(d)(2), (3), and (4) and include, respectively, the concentration (mass fraction) of HFC

- 23 at the outlet of the destruction device, the flow rate at the outlet of the destruction device in kilograms per hour ( kg/hr ) , and the emission rate (in kg/hr) calculated from these two par ameters. These reporting requirements were originally intended to allow us to verify the calculation of a revised destruction efficiency. However, the requirements to report the revised destruction efficiency (the result of the calculation) and the flow rate of HFC

- 23 being fed into the destruction device (another input into the calculation) were removed by the Final Inputs Rule, and verification of
HFC

- 23 emissions, including their destruction, is now conducted by the IVT. Thus, reporting these data elements to the EPA is no longer needed.
2

. Revisions to Subpart O to Improve the Quality of Data Collected under Part 98 and Improve the U.S. GHG Inventory We are also proposing revisions to subpart O to 1) reinstate in 40 CFR 98.156(d) reporting of the method used to calculate the revised destruction efficiency , and 2) require facilities to report HCFC

- 22 production and HFC

- 23 emissions for each HCFC

- 22 production process rather than for the facility as a whole. A s discussed in section II.B of this preamble , we

are propos ing revisions that would allow the EPA to collect data that would improve the EPA's understanding of GHG emissions from HCFC

- 22 production and HFC

- 23 destruction while generally resulting in only a slight increas e in burden for reporters.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 73 of 290 The requirement to report the method used to calculate the revised destruct ion efficiency (not an input to emission equation) was inadvertently removed by the Final Inputs R ule. We are proposing to reinstat e this requirement because it is useful for understanding data quality, specifically, the rigor of the method used to revise the destruction efficiency. Subpart O currently requires facilities to report production and emissions information at the facility level although these quantities are monitored and calculated at the process level

. We are proposing to revise the reporting r equirements in 40 CFR 98.156(a) to require that facilities report production and emissions information for each HCFC

- 22 production process
. At the time the EPA finalized the subpart O requirements (74 FR 56260, October 30, 2009), we had intended to collect data on individual HCFC

- 22 processes , with the understanding that each facility had
one HCFC

- 22 process

. We have learned since that time that some facilities may have more than
one HCFC

- 22 process and we are proposing to revise the rule to require reporti ng for each individual process. In the event that a facility has more than one HCFC

- 22 production process, this would provide more precise information that would allow us to better verify emissions and understand HFC

- 23 trends.
R eporters in this subpart al ready monitor, estimate, and record process and emissions data on a process basis per 40 CFR 98.153 ; therefore, the se proposed rule revisions to report the production and emissions data on a process basis are not expected to significantly increase burden

. For more information on subpart O confidentiality determinations resulting from these proposed revisions, see section IV of this preamble.
I

. S ubpart Q

– Iron and Steel Production
I n this action we are proposing amendments to subpart Q of Part 98 ( Iron and Steel Production )

. This section discusses one substantive change to subpart Q ; additional minorDRAFT DELIBERATIVE

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A revision is being made to align with revisions being proposed for subpart Y (Petroleum Refineries). Under 40 CFR 98.172(b), facilities that report to subpart Q are referred to provisions in 40 CFR part 98, subpart Y for reporting CO 2 emissions from flares that burn blast furnace gas or coke oven gas. Subpart Q reporters should refer to section III. M .1 of this preamble for proposed revisions to subpart Y that would clarify that facilities should exclude pilot gas from the flare gas GHG emissions. As discussed in section II. A of this preamble , the propos ed revisions would simplify data collection and may decrease the burden associated with monitoring the flare gas

. J

. Subpart S

— Lime Manufacturing In this action, we are proposing amendments to subpart S of Part 98 (Lime Manufacturing). This section discusses all the proposed amendments to subpart S. For the reasons described in section II.B of this preamble, the EPA is proposing several revisions t o s ubpart S to improve the quality of data collected under Part 98. We are proposing to require reporting of three data elements that influence CO 2 emissions from lime manufacturing: annual emission factors for each lime product type produced, annual emiss ion factors for each calcined byproduct/waste by lime type that is sold, and annual average results of chemical composition analysis of each type of lime product produced and calcined byproduct/waste sold. As discussed in section II.B of this preamble , we are proposing revisions that would allow the
EPA to collect data to improve the EPA’s understanding of GHG emissions from lime manufacturing and the U.S. GHG Inventory while generally resulting in only a slight increas e in burden for reporters.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 75 of 290 Similar data elements were included in the 2009 Greenhouse Gas Reporting Rule ; however, these data elements were monthly values , listed in 40 CFR 98.196(b)(2), 40 CFR 98.196(b)(3), and 40 CFR 98.196(b)(5) . However, in a final rule published on August 25, 2011,

we deferred reporting of the data elements because they were inputs to emission equations (76 FR 53057). In the F inal Inputs Rule (79 FR 63750, October 24, 2014), we identified disclosure concerns with these data elements and therefore decided not to collect these monthly data element s and to include the inputs from Equations S

- 1 and S

- 2 in IVT. IVT currently requires the entry of monthly calcium oxide and magnesium oxide content for Equation S

- 1, outputting the monthly emission factor for lime type; monthly calcium oxide and magnesium oxide content for Equation S

- 2, outputting the monthly emission fact or for calcined lime byproduct/ waste type sold; calcium oxide and magnesium oxide content, and annual weight or mass of calcined byproducts or wastes for lime t ype that is not sold for Equation S

- 3, outputting the a nnual CO 2 emissions for calcined lime byproduct or waste type that is not sold ; and monthly w eight or mass of lime type produced , monthly w eight or mass of calcined byproducts or wastes sold for E quati on S

- 4, outputting the a nnual CO 2 process emissions from lime production from all lime kilns . The IVT inputs allow us to verify CO 2 emissions from lime kilns. Collecting the annual emission factors for each lime product type produced, annual emission fact ors for each calcined byproduct/waste by lime type that is sold, and annual average results of chemical composition analysis of each type of lime product p roduced and calcined byproduct/ waste sold would allow us to understand why emissions have increased or decreased in a particu lar year or over longer periods. Thus, they are important for inform ing the development of future GHG policies and programs . In addition, they are important for explainingDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 76 of 290 U.S. emission trends through the U.S. GHG Inventory. These annual values are not inputs to equations; as described in section IV of this preamble, we are proposing that these data elements be eli gi ble for confidential treatment. For more information on subpart S confidentiality determinations resulting from these proposed revisions, see section IV of this preamble

. K. Subpart V

— Nitric Acid Production In this action, we are proposing three amendments to subpart V of Part 98 (Nitric Acid Production) . This section discusses all of the proposed changes to subpart V. 1. Revisions to Subpart V to S treamline I mplementation For the reasons described in section II.A of this preamble , we are proposing one amendment that is intended to simplify and streamline the requirements of subpart V and increase the efficiency of the report submittal process. We are proposing to revise 40 CFR
98. 22 3 (a)(2) to conditionally remove the annual approval request by the reporter and the annual request approval by the EPA. As further discussed in section III.C of this preamble for subpart E , t he EPA is proposing that the request for use of the alternative method be automatic ally
approv ed for the next reporting year i f the reporter received approval to use an alternative method in the previous reporting year and the method has not changed.
2. Re visions to Subpart V to I mprove the Q uality of Data Collected under Part 98 For the reasons described in section II.B of this preamble , we are proposing two amendment s that are intended to improve the quality of data collected under subpart V that would re sult in a moderate increas e in burden for reporters

. First , w e are proposing to revise 40 CFR 98.220 to change the definition of the source category to require reporting from all reporters that produce nitric acid, regardless of the nitric acid strength. Th e subpart V definition was basedDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 77 of 290 on the Standards of Performance for Nitric Acid Plants in 40 CFR Part 60 (77 FR 48433, August 14, 2012) which covers the emissions of nitrogen oxides (NO X ) from the production of weak nitric acid (specifically between 30 percent and 70 percent in strength). Weak nitric acid is produced through a three step process. T he majority of N 2 O emissions from nitric acid production occur during ammonia oxidation, which is the first step in the process. High

- strength nitric acid is produced by two different methods. The first method begins with producing weak nitric acid and then uses extractive distillation to concentrate the nitric acid. Since N 2 O emissions occur only during weak nitric acid production and the production of weak
ni tric acid is covered by the existing source category definition, N 2 O emissions from this high

strength nitric acid production method are covered by the existing nitric acid source category definition. The second method is an extended version of the weak ni tric acid production process, meaning that the high

- strength nitric acid is produced in a single nitric acid train rather than two separate processes. This combined process is not currently covered by the existing source category definition, even though th e amount of N 2 O emissions from the process would be similar to the weak nitric acid production process. When the Greenhouse Gas Reporting Rule was published in 2009, only one nitric acid plant in the United States produced nitric acid greater than 70 perc ent in strength

. In the interim, further research has indicated the existence of three other nitric acid trains capable of producing high

- strength nitric acid, including one existing plant and two potential plants becoming operational as early as the end o f 2015. See the memorandum, “ Re: Strong Nitric Acid Facilities in the U.S.” from Natalie Tang, EPA to Alexis McKittrick and Mausami Desai, EPA, dated January 29, 2015, in Docket Id. No. EPA

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– Do note cite, quote, copy, or distribute Page 78 of 290 Because of increased usage of the high

- strength nitric acid process in the United States, we are proposing that the definition of nitric acid be updated to apply to all nitric acid strengths to ensure that subpart V reporting captures all N 2 O emissions related to the production of nitric acid. By revising the definition, the rule would avoid confusion and ensure that all nitric acid trains and all N 2 O emissions are subject to subpart V. The applicability change would help improve the completeness of reporting under subpart V and further standardize Part 98 to be consistent with Intergovernmental Panel for Climate Change ( IPCC ) guidance.
We are also proposing to revise 40 CFR 98. 226(h) to require reporting of the date of installation of any N 2 O abatement technology (if applicable). This date is readi ly available or already collected by reporters, and would not require additional data collection or monitoring. This data element could be carried over from one reporting year to the next. The reporter would not be required to make changes unless additiona l abatement technology is installed at a later date. The addition of this data element would help improve the accuracy of the U.S. GHG Inventory by improving the accuracy of trend estimates for this sector , while generally resulting in only a slight increa se in burden . Specifically, the proposed data element would allow for improved analysis of emissions by enabling the EPA to more accurately apply the applicable emission factors over specific time periods, depending on whether the emissions were exhausted
to an N 2 O abatement technology during that time period. For more information on subpart V confidentiality determinations resulting from these proposed revisions, see section IV of this preamble.
L . Subpart X

— Petrochemical Production In this action we are proposing several amendments to 40 CFR part 98, subpart X (Petrochemical Production). This section discusses the substantive changes to subpart X;DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 79 of 290 additional minor amendments, corrections, and clarifications are summarized in the Table of Revisions availa ble in the docket for this rulemaking ( Docket Id

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- 0526 ). 1. Revisions to Subpart X to Streamline Implementation For the reasons described in section II.A of this preamble, we are proposing amendments to subpart X that are intended to simplify , streamline , and align with other proposed GHGRP requirements , which would generally result in a de creas e in burden for reporters

. Under 40 CFR 98.243(c), facilities that report to subpart X are referred to provisions in subpart Y for reporting
CO 2 , CH 4 , and N 2 O emissions from flares

. Subpart X reporters should refer to section III. M .1 of this preamble for proposed revisions to subpart Y that would clarify that facilities have the option to exclude pilot gas from the flare gas GHG emissions

. As dis cussed in section II. A of this preamble , the propos ed revisions would simplify data collection and may decrease the burden associated with monitoring the flare gas

. The EPA is also proposing to amend 40 CFR 98.246(a)(5) to allow operators of an integrated ethylene dichloride (EDC) and vinyl chloride monomer (VCM) process to report either the measured quantity of EDC produced or both the measured quantity of VCM and an estimate of the amount of EDC produced as an intermediate in the process. We are also proposing to modify 40 CFR 98.240(a) to indicate that a reporter may elect to consider the entire integrated process (rather than just the EDC operations) to be the petrochemical process for the purposes of complying with the m ass balance method. Subpart X currently requires EDC manufacturers to perform the mass balance around operations involved in the production of the EDC, including situations where EDC is produced as an intermediate in the production of VCM. In a letter rece ived from Occidental ChemicalDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 80 of 290 Company titled “Request to Consider IPCC Balanced EDC/VCM Process Studies and Data for the Elimination of e

- GGRT Validation Messages at VCM Production Facilities Reporting Under Subpart X , ” dated July 10, 2015, industry repres entatives indicated that an integrated EDC/VCM process is a continuous process with EDC produced as an intermediate that is not stored or measured. As an alternative to incurring the burden of modifying the process to enable measurement of the intermediate EDC stream, Occidental Chemical Company has requested that

su bpart X reporters be allowed to perform the mass balance over the entire integrated process and, for the quantity of petrochemical produced, report the quantity of VCM produced instead of the am ount of EDC produced. Conducting the mass balance over the entire integrated process is acceptable to the EPA because the CO 2 process emissions (from oxidation of ethylene in the oxychlorination process to produce EDC) and emissions from combustion of vent gases from the EDC operations are calculated under both methods. The alternative method also would estimate additional CO 2 emissions for combustion of both vent gases and liquid wastes from the VCM operations. Under the proposed optional method, carbon e mitted in vent streams from VCM operations and carbon in liquid wastes that are combusted would be assumed to be converted to
CO 2 . For most facilities, using the optional method likely means either a more complete reporting of total facility emissions or a shift from reporting under subpart C (if the subpart C applicability criteria are met) to reporting under subpart X. Facilities have indicated that vent gases from the VCM operations are combusted, typically in the same combustion unit as the vent gases f rom the EDC operations. Thus, the assumption that carbon in such vent streams is converted to CO 2 is expected to be valid. Liquid waste from the VCM operations that is not combusted would be included as a product for the purposes of the mass balance and, t hus, anyDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 81 of 290 carbon in such stream would be subtracted from the total inlet carbon and not attributed to CO 2 emissions. In addition to conducting the mass balance over the entire integrated process, the EPA is proposing that facilities electing to use this op tional method would report both the measured amount of VCM produced and an estimate of the amount of EDC produced as an intermediate. Reporting the amount of VCM would help the EPA to verify the estimate of EDC reported. Reporting the estimate of EDC produced would enable the EPA to determine if there is a statistically significant difference in average emissions per metric ton of EDC between results reported by facilities that u se the option for integrated processes versus results for facilities that report only for EDC operations. The proposed change to 40 CFR 98.240(a) would harmonize the proposed integrated EDC/VCM mass balance option with other requirements related to petroch emical processes (or process units) in subpart X. For example, the mass balance calculation requirements in 40 CFR 98.243(c) and reporting requirements in 40 CFR 98.246(a) are per petrochemical “process unit

. ” Thus, considering the entire integrated proces s to be the petrochemical process unit clarifies that these calculation and reporting requirements apply to the entire integrated process under the option, and not to just the EDC portion of the process. It is anticipated that the proposed amendments would reduce the compliance burden by not requiring monitoring equipment and/or sampling and analysis of an intermediate EDC stream just for the purpose of complying with subpart X. Instead, facilities would be allowed to measure the final product VCM, which is likely already being measured for other business reasons. A few facilities may have a liquid waste stream from the VCM operations that is not combusted. Such streams would need to be measured and included as products in the mass balance. The potentialDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 82 of 290 inc rease in burden for measurement of such streams is expected to be more than offset by the reduction for not measuring the intermediate EDC stream because not all facilities will have a liquid waste stream that is not combusted, and a waste stream is an out put that would be more readily measured than an intermediate that is not stored.
2. Revisions to Subpart X to Improve the U.S. GHG Inventory For the reasons described in section II.B of this preamble , we are proposing to amend subpart X to collect additional data to help improve estimates included in the U.S. GHG
I nventory. The EPA is proposing to add reporting requirements for facilities that use the mass balance approach to determine emissions under 40 CFR 98.243(c) to report the annual average of the measurements of the carbon content and molecular weight of each feedstock and product reported under s ubpart X. Much of th ese data are currently required to be determi ned and retained per the record keeping requirements in 40 CFR 98.247, so adding the reporting requirement to report annual averages adds very little burden to reporters. These additional data elements will be aggregated to the national level and used to improve national emission estimates in the U.S. GHG Inventory for several reasons.
Fi rst, t hese data points will be helpful for understanding non - energy uses of fossil fuels by the chemical industry, so they can more accurately be allocated between the industrial process and energy sector s of the U.S. GHG Inventory

. As noted in the U.S. GHG Inventory, currently some degree of double

- counting may occur between CO 2 estimates of non

- energy use of fuels in the energy sector and CO 2 process emissions from petrochemical production in this sector

. Complete d ata integration is not feasible a t this time as feedstock data from the Energy Information Administration ( EIA ) used to estimate non

- energy uses of fuels are aggregated by fuel type, rather than disaggregated by both fuel type and particular industries ( e.g. ,DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 83 of 290 petrochemical production). Th e EPA, through the GHGRP, obtained complete data on quantities of fuel consumed as feedsto cks by petrochemical producers for the first time in 2015

. The carbon content and molecular weight of feedstocks will facilitate conversion of the GHGRP feedstock
qua ntity data (by fuel type) into energy units for integration with EIA data to ensure appropriate allocation of emissions across sectors in the national U.S. GHG Inventory, includin g addressing issues with double

- counting. Second, h aving annually averaged c arbon content and molecular weight for products and feedstocks derived from facility

- level GHGRP data would enable the EPA to transparent ly apply the IPCC m ass balance method 16 for determining emissions from petrochemical production in the U.S. GHG Inventory. Currently, only the aggregated facility

- level products from application of the GHGRP mass balance are aggregated and published in the U.S. GHG Inventory. For more information on subpart X confidentiality determinations resulting from these
prop osed revisions, see section IV of this preambl e. 3. Minor Corrections and Clarifications to Subpart X For the reasons described in section II.D of this preamble, we are proposing several minor corrections, and clarifications to subpart X of Part 98

. These minor revisions are summarized in the Table of Revisions available in the docket for this rulemaking ( Docket Id

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M . Subpart Y

— Petroleum Refineries In this action we are proposing several amendments to 40 CFR part 98, subpart Y (Petroleum Refineries)

. This section discusses the substantive changes to subpart Y; additional

16 See Equation 3.17, p. 3.67. 2006 IPCC Guidelines for National Inventories, Volume 3, Chapter 3, Section 3.9: Petrochemical and Carb on Black Production.DRAFT DELIBERATIVE

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- 0526 ). 1. Revisions to Subpart Y to Streamline Implementation For the reasons described in section II.A of this preamble, we are proposing several amendments that are intended to simplify and streamline the requirements of subpart Y. To reduce repor ter burden, the EPA is proposing to clarify in this rulemaking that pilot gas, which is considered the gas used to maintain a pilot flame at the flare tip, may be excluded from the quantity of flare gas used to perform GHG emissions calculations. As descri bed below, the quantity of GHG emissions associated with pilot gas is very small relative to the total GHG emissions from a flare at petroleum refineries, petrochemical production facilities , and iron and steel production facilities , and monitoring the qua ntity of pilot gas may impose additional burden on some facilities. Generally flares combust waste gas (excess gas generated by the facility that needs disposal which the flare was designed to treat/destroy), purge/sweep gas (gas that must be added to the flare header system or to the base of the flare in order to prevent oxygen ingress during periods of low waste gas flow), and pilot gas (gas used to maintain a pilot flame at the flare tip). The majority of gas combusted by a flare is waste gas. The remai ning gas combusted by the flare is comprised of purge/sweep and pilot gas. The amount of purge/sweep gas needed is dependent on the complexity of the flare gas header system and the flare diameter and tip design

. As discussed in the memorandum “Proposed Ch anges to Flare Pilot Gas Reporting Requirements under the Greenhouse Gas Reporting Program (GHGRP)” from Jeff Coburn, Leslie Pearce and Kevin Bradley, RTI to Brian Cook, EPA, dated July 10, 2015 (see Docket Id. No. EPA

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- 0 526 ), flares generally require at least 0.1 to 0.2 foot per second (ft /s) flow velocityDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 85 of 290 at the tip to prevent oxygen ingress, but can be significantly higher for flares with complex header systems. For a 2 foot diameter flare, this translates to a minimum flow of 1,100 to 2,200 cubic feet per hour or 1 to 2 mmBtu/hr

. Recommended heat rate for industrial flare pilots is approximately 0.05 mmBtu/hr, so GHG emissions from flare pilot gas are typically 10 percent or less of the emissions from the flare purge/sweep gas while the flare is on standby ( i.e. , no active waste gas flow). Therefore, we expect the resultant GHG emissions from pilot gas to be low , especially in the context of the broader flare emissions. Further, it is difficult for facilities to estimate the quantities of pil ot gas without the use of
a meter. F acilities generally measure the flare gas, but do not always have unit

- specific meters installed for the gas used for the pilot flame (typically natural gas). The EPA does not intend for facilities to install a separate meter to measure the pilot gas for the purposes of reporting under this rulemaking, either to include or exclude this quantity of pilot gas

. Installation of an additional meter for this purpose would be burdensome to reporters, especially when considering the increase in reported GHG emissions would be very low. Therefore, we are proposing to amend the rule to allow , but not require, facilities to exclude pilot gas from the flare gas GHG emissions calculations in Part 98 s ubparts Q, X , and Y. P urge/sweep ga s would still be included in the flare GHG emissions calculations. Finally, the EPA is proposing to amend the reporting requirements in 40 CFR 98.256(e) to add a requirement that facilities provide a yes/no indication as to whether a flare has a flare
gas recovery system. Currently, 40 CFR 98.256(e) requires facilities to report general information as to the type of flare ( e.g. , air

- assisted, steam

- assisted, or non

- assisted) and the flare service ( e.g. , general facility flare, unit flare, or emergency flar e). Several offices within the EPA (as well as external researchers) use the GHGRP data on flares to characterize flare emissions,DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 86 of 290 assess trends, and evaluate GHG emission reduction s that could be achieved under various policies

. In using the GHGRP data for flares for these purposes, we identified a key deficiency in the GHGRP data set is the lack of information regarding which flares have flare gas recovery systems. Flare gas recovery is a primary means by which owners and operato rs of flares may reduce flare emissions. The inclusion of information on which flares have flare gas recovery systems will provide useful information to characterize emission trends in key industries using flares and provide critical information needed by the EPA to make policy decisions. Only an indication of whether or not the flare is serviced by a flare gas recovery system is being proposed, so this amendment wo uld add only a slight increase in burden to s ubpart Q, X , and Y reporters that have flares. F or more information on subpart Y confidentiality determinations resulting from these proposed revisions, see section IV of this preambl e
. 2. Revisions to Subpart Y to Improve the Quality of Data Collected under Part 98 For the reasons described in s ection II.B of this preamble, the EPA is proposing several amendments that would improve the quality of the data collected from subpart Y reporters while resulting in only a slight increas e in burden for reporters. The EPA originally promulgated rules for the rep orting of GHG emissions from various source categories, including p etroleum r efineries , o n October 30, 2009. Since the reporting requirements were developed, understanding of emissions from delayed coking u nits (DCU) has improved. The rule originally estab lished a methodology to estima te methane emissions from a DCU based on a simple gas expansion model ( i.e. , Equation Y

- 18 ) which the EPA is proposing to replace with a new methodology that will more accurately determine emissions from DCU. Recently, EPA’s Office of Air Quality Planning and Standards ( OAQPS) conducted a detailed information collection request (ICR) (OMB Control No. 2060

- 0657) of the petroleumDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 87 of 290 refining industry that gathered information about DCU operations and the decoking process.
Ba sed on the information collected, the EPA determined that the simple gas expansion model did not accurately reflect the emissions source and significantly underestimated emissions from the
DCU. First, there is l ess gaseous void space in the coke drum than previously thought because the coke drum is filled with water and the void (vapor) space in the coke drum is small . Second and more importantly , there is a significant quantity of steam generated and released from the coke drum during the depressuri zi ng pr ocess because the boiling point of the water decreases as the pressure of the vessel decreases. That is, there is a phase change and gas generation that occurs during the venting process. Consequently, the total quantity of gas discharged during a venting event is actually much greater than predicted by the simple pressure expansion (no phase change) model previously used in Equation Y

- 18

. Upon review of the test data collected in response to the ICR, the EPA determined that methane emissions are a function of steam generation, not the initial void volume in the delayed coking unit vessel. Based on these determinations, the EPA developed and used a steam generation model to estimate emissions from the DCU (see Docket Item No. EPA

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- 0202 ) and r evised and incorporated this methodology as part of the emissions factors update for petroleum refineries (see http://www.epa.gov/ttn/chief/consentdecree/index_consent_decree.html ; April 2015 ) . We

are now proposing to amend the DCU GHG emission calculation methodology to align the GHGRP’s methodology with the methodology recently incorporated into the emission factors update and to provide a more accurate means of estimating methane emissions from the DCU. The proposed methodology uses a heat balance on th e DCU coke drum vessel contents to estimate the volume of steam produced during the DCU decoking operations (steam venting, draining, vessel deheading , and coke cutting). M ethane emissions per venting cycle isDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 88 of 290 proportional to the quantity of steam generated . Key inputs to the heat balance include the mass of water and coke in the coke drum vessel and the average temperature of the coke drum
contents when venting first occurs . We are proposing to allow reporters to determine the mass of coke in the c oke drum based on company records or to estimate the mass of coke in the coke drum based on drum dimensions and drum outage (parameters already required to be recorded under the current rule) and a new equation provided in the rule (Equation Y

- 18a). We are proposing to require reporters to determine the mass of water in the coke drum based on the height of water in the coke drum and the mass of coke in the coke drum. We are proposing to allow either one of two methods to estimate the average temperature of the coke bed contents: 1) a method based on the measured overhead temperature of the drum, and 2) a method based on the overhead pressure using a temperature

- pressure correlation equation provided in the rule. While the EPA generally considers the tempera ture method to be the most accurate means to determine the average temperature of the coke bed contents , the EPA understands that there are concerns that the temperature measurements in the overhead line may be erroneously high due to additional steam purg es in the overhead line to prevent coke build

- up on the monitoring equipment, so we have provided the temperature

- pressure correlation equation as well to provide reporters additional flexibility. Additionally, the EPA has not previously required temperatu re monitori ng for the DCU in subpart Y of P art 98 , but the previous methodology for delayed coking units in subpart Y required the vessel pressure prior to venting to be monitored and used as an input to the previous equation. Consequently, the EPA is prov iding the use of the temperature

- pressure correlation to allow reporters to use current pressure monitoring and recordkeeping practices to obtain the information needed to implement the new methodology. As such, the new methodology will not require the ins tallation or use of new monitoring systems.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 89 of 290 Finally, we are proposing to allow facilities that have DCU vent gas measurements to use these measurements to develop a unit

- specific methane emissions factor for the DCU. This allows reporters that have previo usly used the combined Equation Y

- 18/Y

- 19 method (as well as other reporters) to use the measurement data available to provide an improved, site

- specific emissions estimate. If a unit

- specific methane emissions factor is not available, we are proposing tha t reporters use the default methane emissions factor for DCU of 7.9 kg methane per metric ton of steam generated. Additional background on this change is available in the memo “ Revised Emission Methodology for Delayed Coking Units ” from Jeff Coburn, RTI In ternational to Brian Cook, EPA, dated June 4, 2015 (see Docket Id. No. EPA

- HQ

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- 0526 ). The EPA is proposing that the new methodology be used to estimate the emissions for each DCU and the EPA is proposing to amend the reporting requirements for DCU to only require reporting at the unit level. This change is being proposed for several reasons. Currently, DCU emissions are reported at the facility level. Th e decision was originally made to require reporting at the facility level to allow facilities tha t have two identical DCU (with same sized drums) to apply Eq uatio n Y

- 18 to the set of drums one time to reduce burden

. However, the rule contains several required reporting elements be submitted on a DCU unit

- specific basis , so the burden reduction associa ted with this simplification is very small, and facility

- level data hindered the EPA’s ability to verify the reported data

. Facilities currently have the option to use a combination of Eq uatio n Y

- 18 and Y

- 19 (process vent method) for estimating the emissi ons from the DCU

. This further split s certain reporting elements between the DCU process unit a nd the process vents inputs. This split in the DCU reporting elements has caused confusion among reporters and made verification of the reported data challenging . For example, facilities that did not have a DCU were required toDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 90 of 290 actively report a zero for their emissions from this source. Also, because emissions were to be reported at the facility level, the emissions from process vents added for DCU vents needed t o be reported as zero for the DCU vent at the process vent level. However, many reporters reported emissions at the process vent level and may or may not have fully reported the DCU emissions at the facility level. Due to the difficulties associated with the split reporting requirements, we are proposing that the new methodology be implemented to estimate the emissions for each delayed coking unit separately. This will simplify the reporting requirements for facilities and allow the EPA to simplify and str eamline recordkeeping and reporting requirements for most reporters

. Additionally, in the proposed approach, DCU vent measurements may be used to develop a unit

specific methane emissions factor so the available measurement data can be used within the context of the proposed DCU methodology , rather than splitting the emissions estimates between two different methodologies ( i.e. , Equations Y

- 18 and Y

- 19). For these reasons , the EPA anticipates the burden on reporters would be reduced by streamlining the DCU reporting requirements so that DCU

- related reporting elements are only required to be reported at the DCU unit level. In related revisions, we are proposing to revise 40 CFR 98.253(j) to delete “CH 4 emissions if you elected to use the method in paragra ph (i)(1) of this section,” because the DCU methodology no longer includes an option to use a combination of techniques to determine the
CH 4 emissions from DCU decoking operations. We are also including “coke produced per cycle” in the list of quantities o f petroleum process streams that are determined using company records in 40 CFR 98.254(j) , and adding a requirement that temperature and pressure measurements associated with the DCU are to be determined “using process instrumentation operated,DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 91 of 290 maintained, and calibrated according to manufacturer’s instructions.” These revisions are included to clarify monitoring requirements associated with the new DCU methodology. Additionally, we are proposing to revise the recordkeeping requirements in 40 CFR 98.257

ass ociated with the DCU to harmonize the recordkeeping requirements with the new DCU methodology equations

. T he EPA is also proposing to amend 40 CFR 98.253(h)(1) and (h)(2) to clarify the appropriate equations to be used for reporters with an asphalt blowin g unit with a control device other than a vapor scrubber, thermal oxidizer , or flare (classified as “other (specify)” in e

GGRT). The current rule language in 40 CFR 98.253(h)(1) and (h)(2) only specif ies the methodology to use for these three control syst ems and for uncontrolled asphalt blowing. In the proposed amendments, we are revising 40 CFR 98.253(h)(1) to clarify that reporters with “asphalt blowing operations controlled either by vapor scrubbing or by another non

- combustion control device” must use Equation s Y

- 14 and Y

- 15 to calculate their GHG emissions. We are also revising 40 CFR 98.253(h)(2) to clarify that reporters with “asphalt blowing operations controlled by either a thermal oxidizer, a flare, or other vapor combustion control device” must

u se Equations Y

- 16a/Y

- 16b and Y

- 17 to calculate their GHG emissions. These amendments will yield more accurate emissions values as reporters will now be required to use the most appropriate equations for “other” control systems used for asphalt blowing oper ations. For more information on subpart Y confidentiality determinations resulting from these proposed revisions, see section IV of this preamble

. 3. Minor Corrections and Clarifications to Subpart Y For the reasons described in section II.D of this preamb le, we are proposing several minor corrections, and clarifications to subpart Y of Part 98

. These minor revisions areDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 92 of 29 0 summarized in the Table of Revisions available in the docket for this rulemaking ( Docket Id

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N

. Subpart Z

— Phosphoric Acid Production In this action, we are proposing amendments to subpart Z of Part 98 ( Phosphoric Acid Production). This section discusses all the proposed amendments to subpart Z

. For the reasons described in section II.B of this preamble, we are proposing to revise subpart Z of Part 98 (Phosphoric Acid Production) to allow the EPA to collect data that would improve the EPA's understanding of GHG emissions from phosphoric acid production while generally resulting in only a slight increas e in burde n for reporters. We are proposing to revise 40 CFR 98.266(f)(3) to require that the annual report must include the annual phosphoric acid production capacity (tons) for each wet

- process phosphoric acid line, rather than the annual permitted phosphoric acid production capacity. In a prior technical correction to the rule (78 FR 19823, April 2, 2013) we acknowledged that not all phosphoric acid production facilities have a permitted production capacity, and additionally, not all facilities produce to the perm itted capacity. During that action, we removed the word “permitted” from the requirement at 40 CFR 98.266(b) to report the facility

- level production capacity . We are proposing a similar revision in this action to remove the word “permitted” from the requir ement to report the process

- level production capacity, noting similarly that not all facilities have a permitted production capacity at the process

- level or produce to the permitted capacity . We are also proposing to clarify the units of measurement for th is reporting requirement. The current text for 40 CFR 98.266(f)(3) requires the reporting of “ a nnual phosphoric acid permitted production capacity (tons) for each wet

- process phosphoric acid process line (metric tons). ” In this action, we are proposing to remove the units of measurementDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 93 of 290 “(metric tons)” from this text to provide further clarity on the requirements that the unit of measurement is “tons” and not “metric tons

. ” The revision to the process

- level capacity is necessary to ensure that the EPA colle cts consistent annual production capacity data and will provide a better characterization of the relationship between industry production and emissions. For more information on subpart Z confidentiality determinations resulting from these proposed revisions, see section IV of this preamble.
O . Subpart AA

— Pulp and Paper Manufacturing In this action, we are proposing several amendments, clarifications, and correction s to subpart AA of Part 98 (Pulp and Paper Manufacturing)

. This section discusses al l of the proposed changes to subpart AA

. 1. Revisions to Subpart AA to Streamline Implementation of Part 98 For the reasons described in section II.A of this preamble, we are proposing one amendment to subpart AA that would streamline the requirements of the rule and improve implementation , while generally reducing burden

. We are proposing to clarify that Tier 4 CEMS are not used to report emissions under subpart AA. Subpart AA currently requires that fossil

- fuel based CO 2 emissions be calculated using sub part C methodologies. Subpart AA states that Tier 1 or a higher tier may be used. Subpart AA reporters have not used the Tier 4 CEMS methodology during any previous reporting year, and are not expected to do so given the mixture of biogenic and fossil

- fuel CO 2 emissions in the exhaust streams from subpart AA emission units. Therefore, we are proposing amendments to clarify th at Tier 4 is not included in 40 CFR 98.273(a)(1), (b)(1), and (c)(1) , which refer to the subpart C calculation methodologies for CO 2 e missions from combustion of fossil

- fuel. This clarification will provide clarity to reporters and also reduceDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 94 of 290 the EPA burden and related program expense required to maintain e

- GGRT CEMS we b forms and associated verification checks and documentation.
2

. Other Amendments to Subpart AA As described in section II.C of this preamble, through communication with stakeholders, we have identified certain aspects of the rule that may require revision, including those we are proposing in response to comments submi tted by stakeholders on prior rulemakings

. Subpart AA requires pulp mill reporters to determine the annual mass of spent liquor solids fired in chemical recovery furnaces and chemical recovery combustion units by either measuring the mass of spent liquor s olids annually (or more frequently) with a Technical Association of the Pulp and Paper Industry ( TAPPI ) method, or using records of measurements made with an online measurement system. Missing measurements are currently required to be populated with either the maximum spent liquor mass or fuel flow rate for the combustion unit, or the maximum mass or flow rate that the fuel meter can measure. Representatives of the forest products industry requested revisions to the missing data requirements for spent liquo r solids in 40 CFR 98.275(b). 17 The industry representatives explained that use of the maximum potential spent liquor solids firing rate or the maximum the meter can measure can overstate GHG emissions. The industry representatives stated that this procedur e is unnecessarily burdensome and confusing because this requirement differs from the way mills handle spent liquor solids flow monitoring for other
f ederal air rules, such as the National Emission Standards for Hazardous Air Pollutants in 40 CFR Part 63, subpart MM. The industry representatives noted that having a data acquisition, analysis, and reporting program that uses one value for liquor feed rate for GHG reporting

17 See docket item EPA

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- 0058. Although this request was received in comments on the 2013 Revisions Rule , this request was determined to be outside the scope of the 2013 proposed amendments and was not addressed at that t ime. This request is being considered as part of these proposed amendments.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 95 of 290 purposes and another feed rate for all other purposes is overly complicated for both m ill personnel and regulatory agencies. The industry representatives requested that 40 CFR 98.275(b) of subpart AA be amended to require use of the mass of spent liquor solids reported under 40 CFR 63.866 of subpart MM for missing measurements. The EPA has reviewed the industry representatives’ request and agrees that use of the daily value recorded under 40 CFR 63.866(c)(1) of subpart MM results in an acceptable missing data estimate for the combustion unit. Thus, the EPA is proposing to amend 40 CFR 98.275 (b) to allow use of the daily mass of spent liquor solids fired reported under 40 CFR 63.866(c)(1) as an alternative to maximum values. The provisions of 40 CFR 63.866(c)(1) require pulp mills to retain records of the mass of spent liquor solids fired in m egagrams (Mg) or tons per day. This proposed amendment acknowledges that the daily value recorded under 40 CFR 63.866(c)(1) may need to be adjusted to match the duration of missing data under subpart AA. For example, the daily measurement may need to be ad justed to represent only a few hours of monitor downtime. We are proposing to retain the original requirements of 40 CFR 98.275(b) in addition to proposing the alternative to use the value recorded under 40 CFR 63.866(c)(1) to avoid requiring reconfigurati on of data systems in mills that may have configured their data reporting systems to supply maximum values for subpart AA.
W e are proposing one additional revision to subpart AA that is a minor clarification and that would improve the understanding of the rule

. W e are proposing a clarification to column label s in Table AA

- 2. Table AA

- 2 contains CH 4 and N 2 O emission factors for "kraft lime kilns" and "kraft calciners," both of which are "pulp mill lime kilns" as defined in 40 CFR 98.6. The
N 2 O emission factors differ for these two technologies. Because calcining (thermal removal of carbonates from lime mud) occurs in both types of equipment, there has been some confusionDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 96 of 290 regarding which N 2 O emission factors apply. T o eliminate this confusion , w e are proposing minor wording changes to clarify that the columns for "kraft lime kilns" in Table AA

- 2 refers specifically to "kraft rotary lime kilns." We are also proposing to add a footnote to Table AA

- 2 indicating that fluid bed calciners are an exampl e of kraft calciners. The majority of kraft pulp mills operate rotary lime kilns while at least one kraft mill operates a fluidized bed calciner.
P . Subpart CC

— Soda Ash Manufacturing In this action, we are proposing amendments to subpart CC of Part 98 ( Soda Ash Manufacturing). This section discusses the substantive changes to subpart CC ; additional minor amendments, corrections, and clarifications are summarized in the Table of Revisions available in the docket for this rulemaking ( Docket Id

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- 0526 ). 1. Revisions to Subpart CC to Improve the Quality of Data Collected under Part 98 We are proposing two revisions that are intended to improve the quality of data collected under subpart CC , while only resulting in a slight increase in burd en for reporters . We are proposing to revise 40 CFR 98.296(a) and (b) to require reporting of the facility

- level annual consumption of trona or liquid alkaline feedstock. For the reasons described in section II.B of this preamble, we are proposing the addi tion of this data element to help improve the quality of the U.S. GHG Inventory by using aggregated facility level data

. Th ese data are already required to be reported on the manufacturing

- line basis for subpart CC reporters that report using CEMS.
For non

- CEMS subpart CC reporters, the requirements to report consumption data for each manufacturing line, previously required per 40 CFR 98. 269(b)(5), was removed in the Final Inputs Rule . This action would propose to streamline the reporting of facility

- level consumption data from both CEMS and non

- CEMS reporters on a more aggregate level. Currently, the U.S. Inventory estimates CO 2 emissions based on application of default emissions factors to estimatedDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 97 of 290 trona production 18

. Consistent collection of this data element from facilities would enable the EPA to aggregate and integrate GHGRP emission estimates , and transparently determine national emi ssions based on trona consumption within the U.S. GHG Inventory and allow for the application of more advanced calculation methods. For more information on subpart CC confidentiality determinations resulting from these proposed revisions, see section IV of this preamble.
2. Minor Corrections and Clarifications to Subpart CC For the reasons described in section II.D of this preamble, we are proposing one minor correction to subpart CC of Part 98. This minor revision is summarized in the Table of Revisions

av ailable in the docket for this rulemaking ( Docket Id

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. Subpart DD

— Use of Electric Transmission and Distribution Equipment In this action, we are proposing several amendments, clarifications, and corrections to subpart DD of Part 98 (Use of Electric Transmission and Distribution Equipment). This section discusses all of the proposed changes to subpart DD

. For the reasons desc ribed in section II.B of this preamble, t he EPA is proposing several changes to subpart DD that will improve the quality and usefulness of the data received by the
GHGRP , while generally resulting in only a slight increase in burden for reporters

. A facil ity is defined under subpart DD at 40 CFR 98.308 as an electric power system, comprised of all electric transmission and distribution equipment insulated with or containing
SF 6 or PFC that is linked through electric power transmission or distribution lines and functions as an integrated unit that is owned, serviced, or maintained by a single electric power

18 See p. 3.52

- 53 (Tier 2 and 3)

. 2006 IPCC Guidelines for National Inventories, Volume 3, Chapter 3, Section 3. 3 : Natural Soda Ash Production. See also Section 4.11 (pp. 4

- 40 throu gh 4

- 42) of U.S. GHG Inventory http://www.epa.gov/climatechange/Downloads/ghgemissions/US

- GHG

- Inventory

- 2015

- Chapter

- 4

- Industrial

Processes.pdf

.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 98 of 290 transmission or distribution entity (or multiple entities with a common owner), and that is located between: 1) t he point(s) at which electric energy is obtained from an electricity generating unit or a different electric power transmission or distribution entity that does not have a common owner ; and 2) the point(s) at which any customer or another electric power transmission or distribution entity that d oes not have a common owner receives the electric energy. The facility also includes servicing inventory for such equipment that contains SF 6 or PFC

. Given the nature of electric power systems, subpart DD facilities generally span a geographic area, and in some cases, may cross state boundaries

. Currently, subpart DD reporters provide the EPA with the facility address on their certificate of representation. However, this address does not provide complete information on where the electric power system actu ally lies. The EPA is proposing to add new reporting requirements at 40 CFR 98.306(m) to make data collected under subpart DD more useful to the public. The new data elements would require the electric power system to provide the name of the U.S. state, st ates, or territory in which the electric power system lies and the total miles of transmission and distribution lines that lie in each state or territory. These data elements would allow users of GHGRP data to more easily identify the state, states, or ter ritory within which the electric power system lies. Users of GHGRP data would also be able to compare the miles of transmission and distribution lines in each state or territory to the total miles of transmission and distribution lines for the facility and then approximate the percentage of emissions that occur within each state or territory. (As discussed in the U.S. GHG Inventory, SF 6 emissions from electric power systems are correlated with the length of their transmission lines.) This would be useful fo r determining state

- and territory

- level GHG emissions associated with particular electric power systems. Although requiring facilities to report their emissions by state or territory would provide more preciseDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 99 of 290 estimates of emissions by state or territory, such a requirement would probably significantly increase the burden of reporting. In comparison, reporting the total miles of transmission and distribution lines that lie in each state and territory appears likely to be relatively straightforward for elec tric power systems. We request comment on whether it would be less burdensome for facilities to report the total transmission and distribution lines that lie in each state or territory within the facility boundary or to report the emissions for each state or territo ry within the facility boundary this assessment . We also request comment on whether miles of transmission lines alone are likely to be a better predictor of SF 6 use and emissions than combined miles of transmission and distribution lines. If so, t he EPA could simply require reporting of the miles of transmission lines in each state or territory. We are also proposing to add reporting elements to subpart DD that are related to the nameplate capacities and numbers of pieces of new and retiring equipm ent. Currently, electric transmission and distribution facilities are required to include the nameplate capacities of new and retiring hermetically sealed

- pressure equipment, along with the corresponding quantities for other electrical equipment, in their emission calculations. They are also required to report the total nameplate capacity of new equipment, including hermetically sealed

- pressure equipment, and the total nameplate capacity of retiring equipment, including hermetically sealed

- pressure equipmen t. However, they are not required to distinguish between hermetically sealed

- pressure and oth er equipment in these reports. In lieu of reporting the total nameplate capacity for all h ermetically sealed

- pressure equipment and other equipment , w e are propos ing to require facilities to separately report the nameplate capacities of hermetically sealed

- pressure equipment and other equipment that they install and retire during the year. We are also proposing to require facilities to report the numbersDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 100 of 290 of pieces of hermetically sealed

- pressure equipment and other equipment that they install and retire during the year. These additional requirements would not require any additional data gathering but would enable us to better understand the quantities of SF 6 contain ed in hermetically sealed

- pressure equipment, which is typically used in medium voltage, distribution applications. Currently, the GHGRP does not require reporting of the quantity of SF 6 inside such equipment or the number of pieces of such equipment. 19 Information on the nameplate capacities and numbers of pieces of such equipment being installed and retired , along with the corresponding information for other types of equipment, would provide insight into the relative importance of the two types of equip ment as potential emission sources ( e.g. , upon disposal), and a rough but useful gauge of the average charge sizes of both types of equipment, which affects the choice of strategy for reducing emissions. Historically, hermetically sealed

- pressure equipment has been considered to be a relatively small source of SF 6 in the U.S., but its importance is known to be growing internationally and may also be growing domestically. These data elements represent information that reporters are expected to have readily a vailable and would therefore generally result in only a slight increase in reporting burden. The proposed amendments would add reporting of the n ameplate capacit ies of n ew hermetically sealed

- pres sure switchgear ( proposed 40 CFR 98.306(a)(2)), new SF 6 - or PFC

insulated equipment other than hermetically sealed

- pressure switchgear ( proposed 40 CFR 98.306(a)(3)), r etired hermetically sealed

- pres sure switchgear ( proposed 40 CFR 98.306(a)(4)), and r etired SF6

- or PFC

- insulated equipment other than hermetically s ealed

- pressure switchgear

19 We excluded hermetically sealed

- pressure equipment from the requirement to annually inventory the total nameplate capacity of the facility’s electrical equipment because hermetically sealed

- pressure equipment tends to have small individual charge sizes, t o be serviced only rarely or not at all, and to be spread in large numbers throughout transmission and distribution networks, making it relatively difficult to track after it is installed

. However, it is relatively easy (and currently required) to track th is equipment when it is installed or retired (75 FR 74803, December 1, 2010).DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 101 of 290 ( proposed 40 CFR 98.306(a)(5))

. These data elements are inputs to an emission equation (Equation DD

- 1). Therefore, the EPA evaluated these data elements to determine if their public release would cause disclosure concerns, using t he process established in the F inal D eferral
N otice (76 FR 53057, August 25, 2011). The EPA determined that f acilities reporting under this subpart consist of public utilities, including electric cooperatives, public supply corporations ( e.g. , Tennessee Valley Authority), f ederal agencies ( e.g. , Bonneville Power A dministration), and municipally

- owned electric utilities. These are public or publicly

- regulated utilities that are not affected by competitive market conditions that may apply to oth er industries. The reported data relate s to maintenance activities and installation of new/replacement of existing gas

insulated equipment ( e.g. , circuit breakers, switchgear, power transformers, etc.) and amounts of
SF 6 and PFC used or recovered in servic ing or replacing such equipment. These data elements do not disclose any information about a manufacturing process or operating conditions that would be proprietary. Therefore, the EPA is proposing that there are no disclosure concerns with these proposed data elements, and they must be reported in e

- GGRT. Because we recognize that the range of charge sizes can be large ( e.g. , greater than an order of magnitude) for both types of equipment, we are requesting comment on an alternative approach in which facil ities would report the numbers of pieces of each type of equipment that are newly installed or retired and that fall into particular nameplate capacity ranges. One possible set of ranges is shown in Table 6 of this preamble :DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 102 of 290
Table 6 . Nameplate Capacity Ranges for Reporting Numbers of Pieces of New and Retiring Equipment (Pounds of SF 6 ) 0 to 0.5 >0.5 to 1 >1 to 15 >15 to 30 >30 to 100 >100 to 500 >500 While this approach would require more effort than providing the total numbers of pieces of equipment newly installed and retired for hermetically sealed

- pressure equipment and for all other equipment, it would provide more precise data. For example, it wo uld enable us to distinguish between situations in which most newly installed, hermetically sealed

- pressure equipment had a charge size of 1 or 2 pounds, and situations in which most such equipment had a charge size of one or two ounces, but the average ch arge size was inflated by a few outliers with charge sizes of ten pounds or more. For more information on subpart DD confidentiality determinations resulting from th ese proposed revision s , see section IV of this preamble.
R . Subpart FF

— Underground Coal Mines In this action, we are proposing several amendments, clarifications, and corrections to subpart FF of Part 98 (Underground Coal Mines) . This section discusses the substantive changes to subpart FF; additional minor amendments, corrections, and clarif ications are summarized in the Table of Revisions available in the docket for this rulemaking ( Docket Id

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- 0526 ). 1. Revisions to Subpart FF to Streamline Implementation For the reasons described in section II.A of this preamble, t he EPA is proposing three changes to subpart FF that will streamline reporting of GHG emissions under subpart FF.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 103 of 290 First, for the reasons described in section III.A.1 of this preamble, the EPA is proposing to amend 40 CFR 98.2(i)(3), which provides that an owner or operator of a facility that has reported to the GHGRP can stop reporting to the program if all applicable GHG

- emitting processes and operations permanently cease to operate. Facilities may take advantage of this provision beginning in the year after th e cessation of operations. However, paragraph (i)(3) expressly precludes owners and operators of underground coal mines from using this off

- ramp even after a mine is closed and abandoned. Underground coal mines may only cease reporting after meeting the ot her criteria in 40 CFR 98.2 (i) : 1) if GHG emissions fall below 25,000

m t CO 2 e for five consecutive years, or 2) if GHG emissions fall below 15,000 m t CO 2 e for three consecutive years. The EPA is proposing to amend 40 CFR 98.2(i )(3) to give owners and operators of abandoned underground mines the opportunity to use the off

- ramp provided by paragraph (i)(3). Specifically, we are proposing to amend paragraph (i)(3) to state that paragraph (i)(3) does not apply to underground coal mi nes , except those whose status is determined to be

“ abandoned” by MSHA. In keeping with the proposed changes to 40 CFR 98.2(i) discussed in section III.A.1 of this preamble, these proposed revisions would apply beginning on January 1, 2017. All other propo sed revisions to subpart FF, as discussed in this section, would apply beginning January 1, 2018 (see section I.E of this preamble for additional information). In proposing this change, the EPA recognizes that non

- flooded underground coal mines continue t o liberate methane even after the mining operations cease

. However, methane liberation from closed mines occurs on a rapidly declining basis until the mine is sealed and declared abandoned by MSHA , and sealed shafts emit virtually no methane to the atmosph ere
.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 104 of 290 This is supported by the EPA’s work in developing a methodology for calculating emissions from abandoned underground mines. 20 The proposed change will streamline reporting under subpart FF by limiting reporting to facilities actively emitting measurab le volumes of methane

. Reports submitted by closed and abandoned mines during the first four years of the GHGRP show that abandoned and sealed mines produce quantities of GHG emissions far below the reporting threshold , and the data are of limited value fo r the GHGRP and U.S. GHG Inventory while resulting in additional reporting burden for facilities. With respect to defining when a mine is considered abandoned, the EPA is proposing to rely on the MSHA determination of a mine’s operational status as “abando ned,” because it is a transparent, publicly available indicator of mine operational activity

. The operational status of any mine can be found using MSHA’s on

- line Mine Data Retrieval System (MDRS) http://www.msha.gov/drs/drshome.htm

. Moreover, the MSHA abandoned status provides confidence that closed mines are sealed, and are, therefore, not emitting methane

. MSHA regulations require operators to seal any mine that has been permanently closed or abandoned for more than 90 days. 21 The MSHA operating proced ures require an MSHA district manager to inspect and certify that the mine is sealed as part of the abandonment process. 22 Furthermore, the EPA believes that this proposed change has the added benefit of removing a perceived conflict with 40 CFR 98.320(c) , “ Definition of the source category ” , in subpart FF

. This provision exempts a bandoned and closed underground coal mines as source

20 U.S. Environmental Protection Agency. Methane Emissions from Abandoned Coal Mines in t he United States: Emission Inventory Methodology a nd 1990

- 2002 Emissions Estimates. Washin gton, D.C., April 2004. http://epa.gov/cmop/docs/amm_final_report.pdf

. 21 30 CFR 75.1711. 22 U.S. Department of Labor, Mine Safety & Health Administration. Coal Mine Safety And Health General Inspection Procedures Handbook. Handbook Number: PH13

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– Do note cite, quote, copy, or distribute Page 105 of 290 categories required to report to the GHGRP

. Some reporters are uncertain which provision, 40 CFR 98.2(i) or 40 CFR 98.320(c), takes precedence when formerly operating and reporting mines change status to abandoned and sealed mines

. The EPA believes the proposed modification would remove any ambiguity and uncertainty, clarifying when underground coal mines may cease reporting to t he GHGRP and streamlining implementation of the GHGRP

. Second, the EPA is proposing several amendments to clarify when moisture content is to be reported

. The first several amendments apply to 40 CFR 98.326, whi ch lists the data reporting requirements for subpart FF. The EPA is proposing to amend 40 CFR 98.326(o) to require reporting of moisture content only in those cases where the volumetric flow rate and CH 4 concentration from a specific mine ventilation or degasification monitoring point are not

measur ed o n the same dry or wet basis, and in the case that flow rate is measured with a flow meter that does not automatically correct for moisture content. For example, if the volumetric flow rate at a specified monitoring point is measured on a dry basis but CH 4 concentration at that monitoring point is measured on a wet basis, then the reporter must report moisture content for the monitoring point unless using a flow meter that automatically corrects for moisture content

. The EPA is proposing to amend 40 CFR 98.326 (f ) through (i) to require reporters to specify whether volumetric flow rate and CH 4 concentration measurements for ventilation and degasification systems are de termined on a wet or dry basis. The proposed changes would also amend 40 CFR 98.326(f) a nd (h) to specify that where a flow meter is used, the reporter must indicate whether the flow meter automatically corrects for moisture content. This information will provide the necessary information for the reporter and for the EPA to determine if moist ure content should be reported for an individual facility

.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 106 of 290 Third, the EPA is proposing several amendments related to moisture content in 40 CFR
98.323 and 40 CFR 98.324 , which lists the requirements for calculating GHG emissions

. T he EPA is proposing to amend 40 CFR 98.323(a)(2) to read, “Values of V, C, T, P, and, if applicable, (f H2O ), . . . ” so that “if applicable” more explicitly applies to the moisture content term, (f H2O )

. The EPA is proposing the same change for 40 CFR 98.323(b)(1) and 40 CFR
98.32 4(b)(1)

. The changes to 40 CFR 98.323 and 98.324 are being proposed to ensure consistency with the proposed change to 40 CFR 98.326(o)

. 2. Revisions to Subpart FF to Improve the Quality of Data Collected under Part 98 For the reasons described in section II.B of this preamble, the EPA is proposing three two changes to subpart FF that will improve the quality of data received by the GHGRP and seeking comment on a third . First, the EPA is proposing to amend 40 CFR 98.324( b) to no longer allow MSHA quarterly inspection reports to be used as a source of data for monitoring methane liberated from ventilation systems. Instead, the facility will be required to use either of the two other methods set forth in the rule to monitor methane released from mine ventilation systems: CEMS or independently collected grab samples. Second, the EPA is proposing to increase the frequency with which grab samples must be taken, from quarterly to monthly. Third, the EPA is proposing to add annua l coal production to the list of data reporting requirements outlined in 40
CFR 98.326. Third, the EPA is seeking comment on increasing the frequency with which grab samples must be taken, from quarterly to monthly. Under 40 CFR 98.324(b)(1) through (3), r eporters may choose to monitor methane liberated from mine ventilation systems using any one or a combination of three approved methods: 40 CFR 98.324(b)(1)

- quarterly grab samples; 40 CFR 98.324(b)(2)

- data from
MSHA quarterly inspection reports ; or 40 CFR 98.324(b)(3)

- use of a CEMS . MSHA conductsDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 107 of 290 health and safety inspections at all operating mines at least once every quarter. Each inspection includes a methane survey of the ventilation system to ensure that the mines are operating within prescribed s afety limits. To obtain methane measurements, an MSHA inspector takes grab samples using sealed test tubes. The samples are analyzed at an MSHA laboratory. A handheld anemometer is used to determine ventilation air flow. Approximately 50 percent of the 125 mines reporting to the GHGRP use MSHA quarterly reports as the basis for reporting methane liberation from ventilation

. The EPA is proposing to remove the option of using MSHA quarterly inspection reports as an accepted methodology for monitoring methane liberation in mine ventilation systems. Reporters would be required to collect grab samples or use a CEMS to monitor mine ventilation systems. This change will remove 40 CFR 98.324(b)(2)

. We are proposing this change because we have determined, through se veral reporting cycles and a review of MSHA quarterly inspection reports for 30 of the highest emitting mines, that the quarterly flow rate data gathered by MSHA cannot reliably be used for GHG reporting purposes. MSHA regulations and inspections are intended to ensure mine worker health and safety rather than to quantify specific mine operating parameters . MSHA inspections provide important data for assessing mine safety, and if complete, MSHA data may provide a re asonable estimate of methane emissions from underground coal mines

. However, the EPA found that for many facilities the MSHA data c an result in too many data gaps to meet the objectives of the GHGRP, adding considerable uncertainty to the calculation of fa cility and sector

- wide GHG emissions. One common example is the occasional inconsistency in the locations within specific mines where MSHA inspectors take volumetric flow measurements and methane grab samples. Sampling locations are not fixed and, from qua rter to quarter, inspectors may use more than one name for a single approach

. InDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 108 of 290 addition, approaches and even shafts may not appear in every quarterly report

. For more information on the EPA’s review of the MSHA data see the memorandum titled “Use of Insp ection Data from the Mine Safety Health Administration for Reporting Quarterly Methane Liberation from Mine Ventilation Shafts” from Clark Talkington, ARI to Cate Hight, EPA, dated November 13, 2015, in Docket Id. No. EPA

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- 0526. Although th is ese rule change s will increase the burden on facilities that currently use MSHA data or quarterly grab samples to meet the requirements of 40 CFR 98.324(b), the EPA has determined that the proposed amendment s are is necessary to improve the quality of data co nsistent with the intended purpose of Part 98. In proposing this change, the EPA is seeking comment on whether other alternatives, such as surface level samples taken at the fan mouth, would achieve the same objectives for improved data quality from mine v entilation systems. The EPA encourages commenters to submit studies, data, and background information that can support additional analysis. The third second proposal to improve data quality under subpart FF adds a new provision 40 CFR 98.326(u). The EPA is proposing to require reporters to report the total volume of coal produced, in short tons, during the reporting period. An important approach for verifying the accuracy of subpart FF annual reports is a comparison of year to year changes in methane liberat ion and methane emissions for each facility. To support report verification, the EPA is proposing to add coal production to the list of required data to be reported under subpart FF. In many instances, an increase or decrease in coal production is a reason able explanation for a corresponding increase or decrease in methane liberation. Obtaining annual coal production data with the annual subpart FF report would allow the EPA to review year

- to

- year changes in methane emissions in light of changes in coal pro duction. These data are expected to reduce the burden on reporters and the EPA in verifying the annual reports. This change will not result inDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 109 of 290 additional reporting burden for the mine because coal companies closely track coal production and report quarterl y production totals to MSHA. MSHA makes quarterly and annual coal production publicly available through MSHA’s Mine Data Retrieval System (MDRS) at http://www.msha.gov/drs/drshome.htm . Total annual coal p roduction for the reporting year is publicly available by the March 31 st GHGRP submission date in the year following the reporting
year. In addition, the EPA is proposing a second amendment to 40 CFR 98.324(b) with respect to improving the reliability of r eported emissions data reported for methane liberation from mine ventilation systems. Mines that monitor methane liberation from grab samples must take at least one grab sample per quarter for each ventilation monitoring point (40 CFR 98.324(b)(1)), and

re port methane liberation on a quarterly basis. Third, T t he EPA is proposing seeking comment

on to increas ing e the sampling frequency for reporters using grab samples from quarterly to monthly in order . This change is intended to provide more accurate and reliable data. Currently,
M m ines that monitor methane liberation from grab samples must take at least one grab sample per quarter for each ventilation monitoring point (40 CFR 98.324(b)(1)), and report methane liberation on a q uarterly basis. In turn, all facilities, including those that use CEMS, will report methane liberation at ventilation monitoring points on a monthly basis. The EPA has concluded that requiring monthly monitoring will greatly Mine

- specific daily and weekly data sets show that significant day

- to

- day and week

- to

- week variation in methane emissions can occur depending on operating and geologic conditions at a mine. Preliminary analysis of high frequency ventilation air emissions at underground coal mines shows that uncertainty decreases as sampling frequency increases. Therefore, increasing the frequency with which grab samples are taken from quarterly to monthly could improve theDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 110 of 290 accuracy of ventilation subpart FF data reported to the GHGRP. Mine

- specific data sets show that significant variation in methane emissions can occur depending on operating and geologic conditions at a mine. In considering this change, the EPA analyzed high

- frequency datasets of ventilation air methane (VAM) emissions at three mines (Mi nes “A”, “B”, and “C”) to examine the uncertainty associated with weekly, monthly , and quarterly sampling based on using a random day selection approach

. Using VAM emissions data recorded daily and weekly from the three underground coal mines (one with daily sampling an d two with weekly sampling), the EPA analyzed the average daily VAM emissions rate by randomly selecting the sampling day or week during a 12 month reporting period. Mine A had daily CH 4 emissions ranging from 1 to 4 million cubic feet per day (mmcfd) with an average of ~2.5 million cubic feet per day mmcfd. Mine B had daily CH 4 emissions ranging from 4 to 18 mmcfd (avg. ~10.1 mmcfd). Mine C had daily CH 4 emissions ranging from 1 to 7 mmcfd (averaging. ~3.6 mmcfd). To assess the variabilit y in emissions, each case was run for a weekly, monthly, and quarterly sampling frequency over a 12 month reporting period. For Mine A, the results showed that weekly sampling produced a small standard deviation of 1.6% compared to daily sampling. For all three mines, the results showed the standard deviations increased to 4.3

- 5.2% when sampling frequency decreased from weekly to monthly sampling. Finally, the results showed the standard deviations increased to 12.1

- 13.4% when sampling frequency decreased f rom monthly sampling to quarterly sampling. Due to the day

- to

- day variability in VAM emissions, ranges of maximum possible errors are also greater with decreased sampling frequency. Deviations from the actual value for monthly sampling ranged from 8.8

- 10.7 %, while deviations for quarterly sampling ranged from 20.6

- 35.1%.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 111 of 290 T he his analysis shows demonstrates that uncertainty decreases as sampling frequency increases, most noticeably when the frequency decreases from quarterly to monthly

. Although the EPA con sidered requiring weekly sampling , , the EPA has concluded it appears that monthly sampling strikes the most appropriate balance between improving data quality while limiting the additional burden on reporters for more frequent sampling. The EPA also notes that a number of mines reporting to the GHGRP already take grab samples on a more frequent basis than the quarterly MSHA sampling requirements. In addition, based on published papers the EPA understands that many mining operations conduct ventilation surve ys on a monthly and possibly more frequent basis as a critical element of good practice health and safety. Air samples are taken as part of the ventilation survey to confirm levels of hazardous gases. Therefore, the EPA believes an amendment to increase mo nitoring frequency could be feasible for the industry. For additional information regarding the EPA’s preliminary analysis for increasing monitoring frequency , see the memorandum entitled “Evaluating Possible VAM Emissions Estimation Errors Based on Different Sampling Intervals (Quarterly, Monthly, Weekly) , ” Ruby Canyon Engineering, dated June 10, 2015, in Docket Id. No. EPA

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- year VAM monitoring on a basis that is more frequent than quarterly. This information will help determine whether the frequency of monitoring for ventilation emissions should be increased. Although the EPA considered requiring weekly sampling, the EPA has conclude d that monthly sampling strikes the most appropriate balance between improving data quality while limiting the additional burden on reporters for more frequent sampling. In proposing this change, the EPA is seeking comment on whether other alternatives, su ch as s urface level samples takenDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 112 of 290 at the fan mouth, would achieve the same objectives for improved data quality from mine ventilation systems. The EPA encourages commenters to submit studies, data, and background information that can support additional ana lysis. We are also proposing to a change to 40 CFR 98.324(b)(1) to require use of the most recent edition of the MSHA Handbook for inspections and sampling procedures entitled, Coal Mine Safety and Health General Inspection Procedures Handbook Number: PH13

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- 1, February 2013. Finally, Although the EPA considered requiring weekly sampling, the EPA has concluded that monthly sampling strikes the most appropriate balance between improving data quality while limiting the additional burden on reporters for more frequent sampling. In proposing this change, the EPA is seeking comment on whether other alternatives, such as surface level samples taken at the fan mouth, would achieve the same objectives for improved data quality from mine ventilation systems. The EPA encourages commenters to submit studies, data, and background information that can support additional analysis. w e are also proposing a change to 40 CFR 98.324(b)(1) to require use of the most recent edition of the MSHA Handbook for inspections and sampling procedures entitled, Coal Mine Safety and Health General Inspection Procedures Handbook Number: PH13

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- 1, February 20 13. Although these rule changes will increase the burden on facilities that currently use MSHA data or quarterly grab samples to meet the requirements of 40 CFR 98.324(b), the EPA has determined that the proposed amendments are necessary to improve the qua lity of data consistent with the intended purpose of Part 98. The EPA also notes that a number of mines reporting to the GHGRP already take grab samples on a more frequent basis than the quarterly MSHA sampling requirements. In addition, based on published papers the EPA understands that many mining operations conduct ventilation surveys on a monthly and possibly more frequentDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 113 of 290 basis as a critical element in good practice health and safety. Air samples are taken as part of the ventilation survey to confirm levels of hazardous gases. Therefore, the EPA believes these amendment s are feasible for the industry. The EPA is proposing additional changes throughout subpart FF that are necessary to ensure consistency with the proposal to require monthly, rather tha n quarterly, grab samples. In 40 CFR 98.323(a), the EPA is proposing to replace the requirement to calculate quarterly CH4 liberated from ventilation shafts with a requirement to calculate monthly CH4 liberated. This will require six changes specific to Eq uation FF

- 1. The equation term “CH4v,” “Quarterly CH4 liberated,” would be changed to “Monthly CH4 liberated.” Reporters will be required to measure CH4 concentration of the ventilation gas (C) and Volumetric Flow (V) on a monthly basis rather than a quart erly basis. The Number of Days in a quarter (n) where active ventilation is taking place will be changed to the Number of Days in the month where active ventilation is taking place, and, measurements for Temperature (T) and Absolute Pressure (P) will be ta ken on a monthly basis. The EPA is also proposing to remove and reserve language in paragraph 40 CFR 98.323(a)(1) which defines the reporting quarters for ventilation methane liberation. The paragraph will no longer be necessary as a result of the change t o a monthly sampling requirement. In 40 CFR 98.323(a)(2), the EPA is proposing that measurements be taken once per month with at least 2 weeks between measurements. Equation FF

- 2 in 40 CFR 98.323(a)(3) would be amended to clarify that CH4VTotal is the sum of CH4 liberated, determined at each of the ventilation monitoring points in the mine, summed over the number of months in the quarter. The EPA is proposing additional revisions to the reporting requirements for consistency: 40 CFR 98.326(a) would be amend ed to require reporting of monthly CH4 liberated from eachDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 114 of 290 ventilation monitoring point, in place of the current requirement of reporting the quarterly CH4 liberated; 40 CFR 98.326(f) and 40 CFR 98.326(g) would be amended to require reporting of monthly vo lumetric flow rate and CH4 concentration, respectively, for each ventilation monitoring point, in place of the current requirement of reporting the quarterly volumetric flow rate and CH4 concentration. The EPA previously determined that release of these da ta elements would not disclose any proprietary information, such as the amount or grade of coal produced, production efficiency, production costs, operating methods, or remaining coal reserves, as described in the EPA memorandum “Summary of Evaluation of G reenhouse Gas Reporting Program (GHGRP) Part 98 ‘Inputs to Emission Equations’ Data Elements Deferred Until 2013” (December 17, 2012). The proposed amendments to 40 CFR 98.326(a), 40 CFR 98.326(f), and 40 CFR 98.326(g) would only revise the frequency at wh ich the data is collected by reporters, and would not change the type of data that is collected. Therefore, we are proposing that there are no disclosure concerns associated with the proposed revised data elements and that reporters should report the data via e

- GGRT. The third proposal to improve data quality under subpart FF adds a new provision 40 CFR 98.326(u). The EPA is proposing to require reporters to report the total volume of coal produced, in short tons, during the reporting period. An important approach for verifying the accuracy of subpart FF annual reports is a comparison of year to year changes in methane liberation and methane emissions for each facility. To support report verification, the EPA is proposing to add coal production to the list of required d ata to be reported under subpart FF. In many instances, an increase or decrease in coal production is a reasonable explanation for a corresponding increase or decrease in methane liberation. Obtaining annual coal production data with the annual subpart FF report would allow the EPA to review year

- to

- year changes inDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 115 of 290 methane emissions in light of changes in coal production. These data are expected to reduce the burden on reporters and the EPA in verifying the annual reports. This change will not result in add itional reporting burden for the mine because coal companies closely track coal production and report quarterly production totals to MSHA. MSHA makes quarterly and annual coal production publicly available through MSHA’s Mine Data Retrieval System (MDRS) a t http://www.msha.gov/drs/drshome.htm . Total annual coal production for the reporting year is publicly available by the March 31st GHGRP submission date in the year following the reporting
year. In additi on to improving the quality of data reported to the GHGRP, and, in turn, the quality of emissions data aggregated and reported to the public by the GHGRP, the proposed changes to monitoring methods for mine ventilation systems, as well as the addition of a nnual coal production to the data reporting requirement, w ould improve the emissions estimates for coal mines reported in the U.S. GHG Inventory

. For more information on subpart FF confidentiality determinations resulting from these proposed revisions, see section IV of this preamble. 3. Other Amendments to Subpart FF As described in section II.C of this preamble, we are proposing revisions to Part 98 to respond to issues raised by reporters and to more closely align rule requirements with the
processes co nducted at specific facilities. T he following proposed revisions to subpart FF are in response to comments and questions we have received since reporting under subpart FF began in
2011

. In 40 CFR 98.323(a) and (b) , we are proposing to clarify for Equations FF

- 1 and FF

- 3 the method for determining the number of days in a month or week (n) where active ventilation andDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 116 of 290 degasification are taking place. In both equations, the definition of Number of Days (n) is be ing clarified to note that (n) is determ ined by taking the number of hours in the m onitoring period and dividing by 24 hours per day

. In 40 CFR 98.323(a)(3) and 40 CFR 98.323(b)(2), the text is being amended to state that the quarterly sum of CH 4 liberated from ventilation and degasification sy stems, respectively, “must be” rather than “should be” determined as the sum of the CH 4 liberated at each monitoring point during that quarter. This change is being proposed because calculating the quarterly sum of
CH 4 liberated is required rather than bei ng optional.
T he EPA is proposing to remove “If applicable” in 40 CFR 98.324(h) to clarify that the
p rovision requiring the owner or operator to document the procedures used to ensure the accuracy of gas flow rate, gas composition, temperature, pressure, and moisture content measurements is a requirement for all reporters , because grab samples and CEMS would be the only acceptable monitoring methods if the amendments to 40 CFR 98.3 24 (b) are finalized as proposed. In 40 CFR 98.326(r)(2), we are proposing to clarify the start date and end date for a well, shaft , or vent hole. This requirement has caused confusion for some reporters. The start date of a well, shaft , or vent hole is the date of actual initiation of operations and may begin in a year prior to th e reporting year. For purposes of reporting, we are amending paragraph (r)(2) to state that the end date of a well, shaft , or vent hole is the last day of the reporting year if the well, shaft , or vent hole is operating on that date

. In 40 CFR 98.326(r)(3 ), we are proposing to add language clarifying the method for determining and reporting the number of days a well, shaft, or vent hole was in operation during the reporting year

. The number of days is determined by dividing the total operating hours in theDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 117 of 290 reporting year by 24 hours per day. This change is consistent with similar changes to the method for determining number of days in Equations FF

- 1 and FF

- 3 , discussed earlier in this section.
4. Minor Corrections and Clarifications to subpart FF In addition to the substantive changes proposed, for the reasons described in section II.D of this preamble, we are proposing minor revisions that are intended to clarify specific provisions in subpart FF. The se minor revisions are summarized in the Table of Revisions available in the docket for this rulemaking ( Docket Id

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. Subpart HH

— Municipal Solid Waste Landfills In this action, we are proposing several amendments, clarifications , and corrections to subpart HH of Part 98. This section discusses the substantive changes to subpart HH; additional minor amendments, corrections, and clarifications are summarized in the Table of Revisions available in the docket for this rulemaking ( Doc ket Id

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- 0526 ). 1. Revisions to Subpart HH to Streamline Implementation For the reasons described in section II.A of this preamble, we are proposing one amendment that is intended to simplify and streamline the requirements of subpart HH and focus the provisions of the rule on the essential data that the EPA requires to review, asses s , and verify reported emissions . We are proposing to revise 40 CFR 98.346(f) to remove the requirement to report the surface area for each type of cover mate rial used at the facility. The surface area for each cover material used has not been useful in assessing or verifying reported emissions and therefore, the EPA is proposing to remove the requirement to report this data. The proposed amendment will still r equire the reporting of the total surface area of the landfill containing waste (in square meters) and an identification of the type(s) of cover material used. This information is used during verification to check the consistency of the collection efficien cyDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 118 of 290 reported by the landfill. However, when multiple cover types are used, reporters will no longer be required to report the surface area of the landfill containing waste associated with each cover type. The proposed change would reduce the burden to reporters and the a gency as described in section II.A of this preamble. 2. Revisions to Subpart HH to Improve the Quality of Data Collected under Part 98 For the reasons described in section II.B of this preamble, the EPA is proposing severa l amendments to subpart HH that would allow the EPA to collect data that would improve the EPA's understanding of sector GHG emissions while generally resulting in only a slight increas e in burden for reporters. First, we are seeking comment on whether rev isions should be made proposing revisions to Table HH

- 3 to allow landfill owners or operators to determine the weighted average collection efficiency for their landfill using either an area

- based weighting approach, as has been required in previous reporti ng years, or a volume

- based weighting approach. We are also seeking comment on whether reporters should be given the option to use either approach, or if one approach should be required if reporters meet certain landfill characteristics and if so, what tho se landfill characteristics should be. We have received comments from reporters stating that the area weighted average does not accurately reflect the overall efficiency of the gas collection system due to differences in the waste depth or age in different portions of their landfill. We considered allowing reporters to define subareas of the landfill and perform all of the subpart HH calculations and report the equation inputs for each subarea. This approach would consider the effects of waste age, composit ion, and quantity for the different landfill subareas, but it would essentially double or triple the number of reporting elements, depending on the number of subareas defined. We next considered providing a volume

- based weighting approach forDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 119 of 290 calculating c ollection efficiency. This approach only considers some of the variables that influence methane generation rate, but these are variables already reported, namely the depths for each waste area defined in Table HH

- 3. As such If the option to use the area wei ghted approach or the volume

- based weighting approach is finalized , this approach require s no no new reporting elements beyond an indication of which weighting approach is used would be required. This revision and will would allow us to use the data previ ously reported to develop a consistent time line, if necessary, without requiring reporters to revise previously submitted reports. If a requirement to use one approach over another for reporters with certain landfill characteristics is finalized, one or m ore new reporting elements may be required depending on what the certain landfill characteristics are. Consequently, we are proposing seeking comment on 1 ) whether reporters should be given the option to calculate the collection efficiency; 2 ) whether to allow reporters should be allowed to use and report the option of either the area weighted average or the volume weighted average approach ; 3 ) whether reporters should be required to use one approach over the other depending on specific landfill characteri stics (e.g., reporters with drastically different wastes depths in portions of their landfill should be required to use the volume weighted approach); and 4 ) what those specific landfill characteristics should be . We expect that the many landfills that hav e similar waste depths in different areas of their landfill (or a single area) will maintain their existing data collection and calculation procedures by using the area weighted average. In contrast, we expect reporters with different waste depths in porti ons of their landfill will to use the volume weighted average approach, thereby improving the accuracy of the data reported for those landfills. If finalized, these changes would be effective beginning with the 2016 reporting year and are not retroactive.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 120 of 290 We are proposing to broaden the description of area type A5 in Table HH

- 3 to include alternative final covers. Currently, facilities with landfill gas collection and approved alternative final covers are not allowed to use the 95 percent collection efficie ncy in their emissions calculations because an alternative final cover does not fit the exact language in the definition for area type A5 in Table HH

- 3

. This proposed revision would allow facilities with alternative final covers to use a collection efficie ncy greater than 75 percent

. Alternative final covers may include, but are not limited to, evapotranspiration covers, capillary barrier covers, asphalt covers,
or concrete covers

. The state, local, or other agency responsible for permitting the landfill de termines whether an alternative final cover meets the applicable regulatory requirements and has been shown to adequately protect human health and the environment. This rule does not intend to provide details of the design or implementation of alternative final covers and solely relies on the agency responsible for permitting the landfill to approve an alternati ve final cover at the facility. For clarity , we are also proposing a definition for alternative final covers to this effect in 40 CFR 98.3 4 8.
We are also proposing to revise 40 CFR 98.346(i)(5) to require reporting of the annual hours that active gas flow was sent to each destruction device instead of reporting the annual operating hours for each destruction device associated with a given measurement location. The proposed revision refers to the fraction of hours the destruction device was operating (f Dest ), which is a term used in Equations HH

- 6 and HH

- 8. The term f Dest is defined as the “ fraction of hours the destruction device associated with the n t h measurement location was operating during active gas flow calculated as the annual operating hours for the destruction device divided by the annual hours flow was sent to the destruction device as measured at the n th measurement location ...” Although no changes are being made to the definition or calculation of f Dest , there isDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 121 of 290 currently no reporting requirement for the “... hours ... operating during active gas flow ...” in the rule. By collecting th ese data, the proposed revision would allow the EPA’s reporting tool to accurately calculate f Dest , as well as the results of Equations HH

- 6 and HH

- 8. More accurate calculation by e

- GGRT would improve verification of the existing data by reducing the number of reporters that override their equation res ults , resulting in fewer potential errors identified during the verification process. The removal of the current requirement to report the annual operating hours for each destruction device associated with a given measurement location would not impede veri fication of reported data, as this parameter is not used in the subpart calculations. We are also proposing to move the requirement to report the annual operating hours of the gas collection system for each measurement location in 40 CFR 98.346(i)(7) to 40 CFR 98.346(i)(5) to consolidate all reporting requirements that are associated with each measurement location to the same paragraph, consistent with reporting organization used in e

- GGRT

. Finally, l andfills with active gas collection systems must calculat e and report their GHG emissions in two ways

. Equation HH

- 6 is designed to be driven by the modeled methane generation ( i.e. , Equation HH

- 1), whereas Equation HH

- 8 is driven by methane recovery ( i.e. Equation HH

- 4). For a landfill with an active gas collec tion system, where the quantity of recovered methane is greater than the modeled methane generation ( i.e. , the result of Equation
HH

- 4 is greater than the result of Equation HH

- 1), we are proposing that the facility must report the results of Equation HH

- 8 as the final s ubpart HH methane emissions instead of the value for Equation HH

- 6

. We allowed the term G CH4 in Equation HH

- 6 to be substituted with the greater of the Equation HH

- 4 or Equation HH

- 1 value to avoid a negative result when the quantity of recovered methane is greater than the modeled methane generation. We reviewed several yearsDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 122 of 290 of facility data an d found a few cases where the amount of methane recovered by the gas collection system was greater than the amount of modeled methane generation. After reviewing the reports where this occurs, as well as examining the difference in net emissions between Eq uation HH

- 6 and HH

- 8 at these facilities, we concluded that the value of Equation HH

- 6 is not reliable for use as the final subpart HH emissions when the amount of methane recovered is greater than the amount of modeled methane generation. The substitution of Equation HH

- 4 for
G CH4 was only done to prevent a negative value of methane emissions for Equation HH

- 6. The EPA did not intend for that value to then be used as the total subpart HH emissions since it is not possible to recover more methane from the l andfill than was generated. T o prevent inaccurate values fr om being reported as the final s ubpart HH methane emissions, we are proposing to expressly add the “methane emissions for the landfill” as a r eporting element in 40 CFR
98.34 6(i)(13). This proposed new paragraph directs reporters to “Choose the methane emissions from either Equation HH

- 6 of this subpart or Equation HH

- 8 of this subpart that best represents the emissions from the landfill. If the quantity of recovered CH 4 from Equation HH

- 4 of this

s ubpart is used as the value of G CH4 in Equation HH

- 6 of this subpart, use the methane emissions calculated using Equation HH

- 8 of this subpart as the methane emissions for the landfill .” For more information on subpart HH confidentiality determinations re sulting from these proposed revisions, see section IV of this preamble. 3. Other Amendments to Subpart HH and Grant of Petition for Reconsideration We are proposing two amendment s for subpart HH for the reasons described in section
II.C of this preamble. T hese proposed amendments are anticipated to have minimal or no impact on burden for reporters. On April 2, 2013, the EPA proposed flux

- dependent oxidation fractions based on data provided by industry representatives (78 FR 19802). While we proposed the use ofDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 123 of 290 these oxidation fractions with no minimum soil cover requirement, we received comments on the proposed soil oxidation fractions noting that soil oxidation only occurs with soil of adequate depth, porosity, temperature and microbes

. To respond to this comment, we reviewed the soil depths present in the peer

- reviewed studies upon which the data were based and determined that the studies supporting the higher flux

- dependent oxidation fractions were performed on soils with an average dep th across all of the studies reviewed of 24 inches or more of soil cover. We finalized the proposed flux dependent soil oxidation fractions , and also included a requirement that these flux dependent soil oxidation fractions could only be used if the majori ty of the landfill area that contains waste has a soil cover of at least 24 inches (7 8 FR 7 1971 , November 29,
2013 )

. We subsequently received an administrative petition for reconsideration from Waste Management, Inc. (hereafter referred to as “Petitioner”) on January 28, 2014 regarding the inclusion of this minimum soil cover requirement in order to use the flux

- dependent soil oxidation fractions , titled “Waste Management’s Petition for Reconsideration of 2013 Revisions to Greenhouse Gas Reporting Rule and F inal Confidentiality Determinations for New or Substantially Revised Data Elements Docket I.D. EPA

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- 0934 ” (hereafter referred to as the “Petition for Reconsideration,” available in the docket for this rulemaking). This section of this preamble discusses the specific issue raised in the Petition for Reconsideration that is addressed in this action, the review and analysis that was undertaken since the Petition for Reconsideration was received, and the changes the EPA is proposing in response to t he petition. The EPA intends to complete its response to the Petition for Reconsideration through this rulemaking. In response to the Petition for Reconsideration , the EPA re - evaluated the available peer

reviewed literature (27 studies) at the time of prop osal regarding soil oxidation fractions

. ThisDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 124 of 290 review found that 85 percent of the data points in the literature where both methane oxidized and cover depth were reported had a cover depth of 24 inches or more

. This investigation confirmed that the vast maj ority of the soil oxidation studies were performed on landfills with cover depths of 24 inches or more, which was the basis for the 24 inch soil depth requirement in the final rule (78 FR 71927 , November 29, 2013 )

. However , several of these studies investi gated the oxidation profile within the cover soil and several of these studies indicated that the majority of soil oxidation occurs in the top 12 to 15 inches of the soil cover. While some of the data support the idea that the bulk of the oxidation may occ ur in the top 12 to 15 inches of the soil, it is unclear whether these soils would have had similar oxidation rates if only 12 or 15 inches of soil cover

were present. For further details on the review of the soil oxidation literature, see the memorandum e ntitled “ Review of Oxidation Studies and Associated Cover Depth in the Peer

Reviewed Literature ” from Kate Bronstein, Meaghan McGrath, and Jeff Coburn, RTI International to Rachel Schmeltz, EPA, dated June 17, 2015, in Docket I d. Number EPA

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. We also reviewed the codified state standards from all 50 states for requirements regarding intermediate or interim cover depth and found that the depth requirements are not consistent from state to state , and for some states depth requirements are n ot specified ( e.g. , Hawaii, Idaho, New Hampshire). Most states require a minimum intermediate cover thickness of 12 inches. Some states include a minimum intermediate cover depth in their regulations that is inclusive of the f ederally

- mandated 6 inches of daily cover depth. For example, Massachusetts requires a minimum intermediate cover depth of 12 inches, including 6 inches of daily cover. Other states, such as Florida, require 12 inches of intermediate cover in addition to the 6 inches of initial cover, thereby requiring 18 inches of intermediate cover in total.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 125 of 290 After reviewing the literature on the soil oxidation studies and the codified state standards for intermediate soil cover, we determined that while the literature studies are not conclusive
regar ding the minimum soil cover necessary for oxidation to occur, they do show that oxidation generally occurs with at least 12 inches of soil cover. Further, most states require at least 12 inches of intermediate soil cover. As a result, we are proposing to r evise and clarify the soil cover requirements as follows

. First, we are proposing to revise the phrase “... for a majority of the landfill area containing waste...” to read “... for at least 50 percent of the landfill area containing waste...” to clarify that we i ntended the majority of the landfill to mean 50 percent or more. Second, we are proposing to revise the requirement for “... a soil cover of at least 24 inches ...” to read “... intermediate or interim soil cover ...” Third, we propose to define intermediate or in terim soil cover in 40 CFR 98.34 8 to mean “the placement of material over waste in a landfill for a period of time prior to disposal of additional waste and/or final closure as defined by state regulation, permit, guidance or written plan, or state accepte d best management practice.” In the case where a landfill is located in a state that does not have an intermediate or interim soil cover requirement as proposed to be defined, we are proposing to add a footnote to Table HH

- 4 stating that the landfill must have a soil cover of 12 inches or greater to use an oxidation fraction of 0.25 or 0.35. Lastly, in our review of the oxidation studies, we noted that some investigators observed that soil methane flux near passive vent locations was low. Most of the landf ills where methane flux and soil oxidation were measured occurred at landfills with active gas collection systems. For landfills with passive gas collection, a significant portion of the generated methane can be released via these passive vents and bypass diffusion through the cover soil. That is, landfill gas that is lost through the passive vents would not undergo any soil oxidation. The GHGRP doesDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 126 of 290
not currently require , nor are we proposing to require, direct measurement of passive vent flows; thus, a fa cility is unable to determine the fraction of the generated landfill gas that bypasses the soil cover and it is therefore not possible to estimate a weighted average soil oxidation fraction for landfills with passive vents

. It is important to note that the Intergovernmental Panel on Climate Change 2006 Guidelines 23 recommends the use of oxidation fractions ranging from 0 to 10 percent largely due to the fact that landfill gas will flow primarily through channels of least flow resistance, which one would expect the passive vents to be

. If there are fissures in the so il cover (or passive vent systems), a significant portion of the landfill gas will be released without any oxidation occurring. However, we are not proposing to require the use of an oxidation fraction of zero for landfills with passive or active venting b ecause a small portion of the generated landfill gas will pass through the soil cover and undergo soil oxidation

. Because we would expect a larger portion of the generated landfill gas to be released via the passive vents, for the portion of the landfill g as that does diffuse through the soil cover the methane flux rate is expected to be small, resulting in a fraction of methane oxidized that is expected to be greater than 10 percent

. Considering the gas released through the passive or active vents and the methane that remains to be oxidized in the s oil cover, while not precise, the overall oxidation fraction could be expected to average approximately 10 percent . Therefore, we are proposing revisions to Table HH

- 4 to require landfills that have passive or ac tive vent systems that service greater than 50

- percent of the landfill area containing waste or landfills that have only passive or active vent systems to use the default 10 percent oxidation fraction in their emission calculations. The EPA is seeking comm ent on whether landfills with only passive or active vent systems or

23 See IPCC 2006, 2006 IPCC Guidelines for National Greenhouse Gas Inventories, Prepared by the National Greenhouse Gas Inventories Programme, Eggleston H.S., Buendia L., Miwa K., Ngara T. and Tanabe K. (eds). Published: IGES, Japan. Available at: http://www.ipcc

- nggip.iges.or.jp/public/2006gl/index.html

.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 127 of 290 landfills with such systems on greater than 50 percent of the landfill area containing waste should be required to use the 10 percent oxidation fraction. If finalized, these changes to Ta ble
HH

- 4 would be effective beginning with the 2016 reporting year and are not retroactive. The table as it appeared before these proposed revisions applies to the relative earlier reporting years. While we are proposing to lower the minimum amount of soil cover required to use certain oxidation fractions , we are proposing to require the use of a 10 percent oxidation fraction for landfills with passive or active venting , or for landfills with less than 12 inches of soil cover (that do not also have a geomem brane cover) because application of higher soil oxidation fractions would be inappropriate at landfills with limited cover soils or passive vent systems because a significant portion of the landfill gas may be released through channels or vents with little to no soil oxidation occurring. We are also proposing to add definitions of “passive vent” and “active venting” to further clarify the rule requirements as they pertain to landfill gas collection system flow and composition monitoring and the use of soil oxidation fractions . Specifically, we are proposing

“ Passive vent means a pipe or a system of pipes that allows landfill gas to flow naturally, without the use of a fan or similar mechanical draft equipment, to the surface of the landfill where an opening or pipe (vent) allows for the free flow of landfill gas to the atmosphere or to a passive vent flare without diffusion through the top layer of surface soil.” “ Active venting means a pipe or a system of pipes used with a fan or similar mechanical draft equ ipment (forced convection) used to actively assist the flow of landfill gas to the surface of the landfill where the landfill gas is discharged either directly to the atmosphere or to a non

- combustion control device (such as a carbon absorber) and then to the atmosphere.” As described previously, we are proposing to require landfills with passive vents or active venting to use a default oxidation fraction o f 0.1

.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 128 of 290 Pro viding these definitions clarifies the meaning of these terms and thereby clarifies the repo rters that must use the 0.1 oxidation fraction

. 4

. Minor Corrections and Clarifications to Subpart HH For the reasons described in section II.D of this preamble, we are proposing several minor corrections and clarifications to subpart HH of Part 98, includ ing editorial changes and clarifications to reporting requirements. These minor revisions are summarized in the Table of Revisions available in the docket for this rulemaking ( Docket Id

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T

. Subpart II

— Industr ial Wastewater Treatment We are proposing amendments to subpart II of Part 98 (Industrial Wastewater)

. This section discusses the substantive changes to subpart II; additional minor amendments, corrections, and clarifications are summarized in the Table of Revisions available in the docket for this rulemaking ( Docket Id

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- 0526 ). 1. Revisions to Subpart II to Improve the Quality of Data Collected under Part 98 and Improve the U.S. GHG Inventory For the reasons described in section II.B of this preamble, the EPA is proposing amend ments to subpart II reporting requirements t hat would provide additional data to support estimates included in the U.S. GHG Inventory , while generally resulting in only a slight increas e in burden for reporters.
We are proposing an amendment to 40 CFR 98.356 to require facilities that perform ethanol production to indicate if their facility uses a wet milling process or a dry milling process. To clarify this requirement, we are proposing amendments to 40 CFR 98.358 to add definitions of “wet milling” and “dry milling

. ” The EPA intends to use the data on the numbers of facilitiesDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 129 of 290 with wet versus dry milling processes and their respective wastewater characteristics to update assumptions used in the U.S. GHG Inventory a nd thereby improve the estimates of U.S. emissions from wastewater treatment at ethanol production facilities. In addition, the EPA intends to update the U.S. GHG In ventory using data on the level of biogas recovery in use at wet milling facilities and at dry milling facilities. For more information on subpart II confidentiality determinations resulting from these proposed revisions, see section IV of this preamble. 2. Other Amendments to Subpart II For the reasons described in section II. C of this preamble , the EPA is proposing several clarifying amendments to subpart II ; these proposed changes would have no impact on burden for reporters

. In order to resolve uncertainties in the reporting requirements in 40 CFR 98.356(b)(1) and 40 CFR 98.356(d)(3) through (d)(6) regarding how to calculate weekly averages for chemical oxygen demand ( COD ) and 5

- day biochemical oxygen demand ( BOD 5 ) concentration, CH 4 concentration, biogas temperature, biogas moisture content, and biogas pressure, the EPA is proposing an amendm ent to 40 CFR 98.358 to add a definition of the term

“ weekly average

. ”
3. Minor Corrections and Clarifications to Subpart II For the reasons described in section II.D of this preamble, we are proposing several minor clarifications to subpart II of Part 98 . These minor revisions are summarized in the Table of Revisions available in the docket for this rulemaking ( Docket Id

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– Do note cite, quote, copy, or distribute Page 130 of 290 U

. Subpart LL

— Suppliers of Coal

- based Liquid Fuels In this action, we are proposing several amendments t o subpart LL of Part 98 (Suppliers of Coal

- based Liquid Fuels). This section discusses the substantive changes to subpart LL; additional minor amendments, corrections, and clarifications are summarized in the Table of Revisions available in the docket for this rulemaking ( Docket Id

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- 0526 ). 1. Revisions to Subpart LL to Streamline Implementation For the reasons described in section II.A of this preamble, w e are proposing several revisions to 40 CFR P art 98, subpart LL (Suppliers of Coal

- b ased Liquid Fuels) to clarify requirements and amend data reporting requirements , resulting in a decrease in burden for reporters

. As described in s ection II.A of this preamble , w e are proposing to remove the requirements of 40 CFR 98.3 8 6(a)( 4 ), (a)( 8 ), (a)(1 5 ), (b)( 4 ), and (c)( 4 ) for each facility, importer, and exporter to report the annual quantity of each c oal

- based l iquid f uel on the basis of the measurement method used. Reporters would continue to report the annual quantities of each

c oal

- based l iqu id f uel in metric tons or barrels at 40 CFR 98.386(a)(2), (a)(6), (a)(14), (b)(2), and (c)(2). We are also proposing to c larif y that the quantity of bulk natural gas liquids ( NGLs ) reported under 40 CFR 98.386(a)(20) should not include NGLs already reporte d as individual products under 40 CFR 98.386(a)(2). These change s not only clarify the reporting requirement s , but also harmonize subpart LL requirements with those of subpart MM.
2 . Minor Corrections and Clarifications to Subpart LL For the reasons desc ribed in section II.D of this preamble, we are proposing several minor clarifications to subpart LL of Part 98. These minor revisions are summarized in the TableDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 131 of 290 of Revisions available in the docket for this rulemaking (Docket Id

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V

. Subpart NN

— Suppliers of Natural Gas and Natural Gas Liquids In this action, we are proposing several amendments, clarifications, and corrections to subpart NN of Part 98 (Suppliers of Natural Gas and Natural Gas Liquids) . T his section discusses the substantive changes to subpart NN; additional minor amendments, corrections, and clarifications are summarized in the Table of Revisions available in the docket for this rulemaking (Docket Id

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- 0526). 1. Revisio ns to Subpart NN to Improve the Quality of Data Collected under Part 98 For the reasons described in section II.B of this preamble, we are proposin g one amendment to subpart NN that would improve the quality of the data collected under Part 98 while gener ally resulting in only a slight increas e in burden for reporters. Each local distribution company (LDC) reporting under subpart NN is defined in 40 CFR 98.400(b) as a company that owns or operates distribution pipelines that physically deliver natural gas to end users that are within a single state. LDCs provide the EPA with a corporate address on their certificate of representation which may or may not be within the state where the LDC operates. The EPA is proposing to add a new reporting requirement at 4 0 CFR 98.406(b)(14) to support data verification and make the data more useful to the public. The new data element would require LDCs to provide the name of the U.S. state or territory covered in the report. This data element will improve the EPA’s ability to compare reported data to information contained in outside data sets (such as those from the EIA). Adding this requirement will enable the EPA to identify a larger portion of LDCs in the EIA data set which will lead to improved data quality in both the EPA and the EIA data sets. This data element will also allow users of GHGRP data toDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 132 of 290 more easily identify the state within which the LDC operates, which will be useful for determining state level GHG totals associated with natural gas supply. For more info rmation on subpart NN confidentiality determinations resulting from th ese proposed revision s , see section IV of this preamble.
2

. Minor Corrections and Clarifications to Subpart NN For the reasons described in section II. D of this preamble, the EPA is proposing several changes to subpart NN that are corrections, editorial changes, and minor clarifications to improve understanding of the rule

. These a dditional minor corrections to subpart NN are discussed in the Table of Revisions available in the docket for this rulemaking (Docket Id

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W

. Subpart OO

— Suppliers of Industrial Greenhouse Gases In this action, we are proposing several amendments to subpart OO of Part 98 (Suppliers of Industrial G reenhouse Gases). This section discusses all of the proposed changes to subpart
OO. As discussed in section II.B of this preamble , we are propos ing revisions that would allow the EPA to collect data that would improve the EPA's understanding of industrial GHG supplies while generally resulting in only a slight increas e in burden for reporters. W e are proposing three amendments to subpart OO of Part 98 (Suppliers of Industrial Greenhouse Gases) that would improve the quality of the data collection under Par t 98 and improve the U.S. GHG Inventory

. We are proposing two revisions to the definition of the source category to include facilities that 1) destroy 25,000 mt CO 2 e or more of industrial greenhouse gases and/or fluorinated heat transfer fluids annually ; or 2) produce, import, or export fluorinated heat transferDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 133 of 290 fluids (HTFs) that are not also fluorinated greenhouse gases. We are also proposing to expand the scope of monitoring and reporting to include production, transformation, destruction, imports, and exports of fluorinated HTFs that are not also fluorinated GHGs

. Revision s to Include Facilities that Destroy Fluorinated GHGs and Fluorinated HTFs

. To develop an accurate estimate of the U.S. supply of fluorinated GHGs, it is necessary to track all signi ficant additions to and subtractions from that supply. Additions to the U.S. supply include production and import, while subtractions include transformation, destruction, and export. Currently, subpart OO requires producers and importers to report the quan tities of fluorinated GHGs that they produce, import, transform, destroy, or send to another facility for destruction

. (Exporters are required to report the quantities of fluorinated GHGs that they export.) While this reporting accounts for destruction by producers and importers, it does not account for destruction by other entities

. This may result in a significant underestimate of the quantities destroyed because t he fluorinated GHG market includes participants who neither produce nor import industrial GH Gs but may end up destroying them, such as refrigerant reclaimers who clean used HFCs for reuse

. On occasion, these reclaimers may destroy fluorinated GHGs that are found to be irretrievably contaminated. Alternatively, they may send such fluorinated GHGs to a facility other than a fluorinated gas producer or importer for destruction. In other cases, fluorinated GHG users may themselves recognize that recovered fluorinated GHGs are irretrievably contaminated and send them directly to a destruction facility. By requiring facilities that destroy fluorinated GHGs to report that destruction, we would capture such destruction and thereby eliminate a potential overestimate of the U.S. supply of fluorinated GHGs. To avoid covering the destruction of very small qua ntities of fluorinated GHGs that do not have a material impact on the CO 2 e fluorinated GHG supply, we are alsoDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 134 of 290 proposing to require facilities that destroy fluorinated GHGs (and are not otherwise covered by subpart OO) to report that destruction only if th ey destroy 25,000 mt CO 2 e or more of fluorinated
GHGs annually. This is consistent with the threshold s currently applied to facilities that destroy
HFC

- 23 under subpart O and to importers and exporters of industrial GHGs under subpart OO

. This expansion of the definition of the subpart OO source category would apply to facilities that destroy previously produced fluorinated GHGs and that are not already required to report any residual emissions of the destroyed fluorinated GHGs under another subpart

. For

ex ample, cement kilns that annually accept and destroy a total of 25,000 mt CO 2 e or more of irretrievably contaminated HFCs or SF 6 recovered from air

- conditioning or electrical equipment would be covered, but electronics manufacturing facilities that dissocia te fluorinated GHGs during and/or after etching and chemical vapor deposition chamber cleaning processes would not be covered

. Electronics facilities are currently required to report both their emissions and their effective destruction efficiencies under s ubpart I, and we therefore already receive data to account for the impacts of electronics manufacturing on fluorinated GHG supplies and emissions

. We estimate that five to ten destruction facilities would be newly covered by subpart OO under this amendment

. This estimate is based on the number of facilities that report destruction of ozone

- depleting substances (ODSs) to the EPA under the Stratospheric Protection Program. Because fluorinated GHGs are chemically similar to ODSs, are manufactured and imported by many of the same facilities and companies that manufacture and import ODSs, and are used in many of the same applications as ODSs, the set of facilities destroying fluorinated GHGs is likely to be similar to the set of facilities destroying ODS s. These facilities include hazardous waste treatment facilities that use a variety of different destruction technologies such as plasmaDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 135 of 290 arc and combustion

. Facilities destroying very small quantities of ODSs were excluded from the total because similar qu antities of fluorinated GHGs appeared unlikely to equal or exceed the proposed 25,000 mt CO 2 e threshold (using an average GWP of 2000)

. The same rationale applies to destruction of fluorinated HTFs; reporting by suppliers of fluorinated HTFs is discussed b elow

. Revisions to Include Facilities that Produce, Import, Transform, Export or Destroy Fluorinated Heat Transfer Fluids and to Require Reporting of these Activities

. We are also proposing to revise subpart OO to include entities that produce, import, tr ansform, export, or destroy fluorinated HTFs that are not also fluorinated GHGs under the subpart A definition , and to require monitoring and reporting of these activities from all suppliers that engage in them

. Currently, the Suppliers of Industrial Green house Gas source category includes suppliers of, and requires reporting of, nitrous oxide and fluorinated GHGs. The definition of fluorinated GHG excludes compounds whose vapor pressures fall below 1 mm Hg at 25 degrees C, because in applications where tem peratures are near or below 25 degrees C, such compounds are not likely to evaporate and enter the atmosphere (74 FR 56348 , October 30, 2009 ). However, fluorinated HTFs are used in electronics manufacturing applications where temperatures can be much highe r. Consequently, even compounds whose vapor pressures fall below 1 mm Hg at 25 degrees C can enter the atmosphere when used in these applications

. For this reason, subpart I (Electronics Manufacturing) defines fluorinated HTFs to include compounds whose va por pressures fall below 1 mm Hg at 25 degrees C (as well as above this level) and that are used in temperature control, device testing, cleaning substrate surfaces and other parts, and soldering; and subpart I requires electronics manufacturing facilities to report emissions of these compounds

. We are proposing to use essentially the same definition for subpart OO.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 136 of 2 90 Collecting information on the U.S. supply of fluorinated HTFs would enable us to compare reported supplies to the demand for fluorinated HTFs t hat we calculate based on the emissions 1) reported under subpart I , and 2) estimated for electronics facilities that do not report under subpart I ( e.g. , because they fall below the threshold)

. Large differences would imply that emissions are being over

- or underestimated, for example because some users and emitters of fluorinated HTFs are not being accounted for. 24 Because many fluorin ated HTFs are composed of fully

- fluorinated GHGs and have GWPs near 10,000, it is important to ensure that we are accuratel y accounting for fluorinated HTF emissions on a national level. Suppliers of fluorinated HTFs would be subject to the same thresholds as suppliers of fluorinated GHGs

. That is, there would be no threshold for producers of fluorinated HTFs, but the thresho ld for importers, exporters, and destroyers of fluorinated HTFs would be 25,000
mt CO 2 e of fluorinated HTFs or GHGs. We anticipate that few, if any, suppliers of fluorinated HTFs would be required to begin reporting under this provision because all supplier s of fluorinated HTFs are believed to report under subpart OO already. (One possible exception is facilities that destroy but do not produce or import fluorinated HTFs, but this group of facilities is included in the set of destruction facilities discussed above.) The incremental burden associated with reporting production, import, export, and destruction of fluorinated HTFs that are not also fluorinated GHGs is expected to be modest, e.g. , it may involve reporting supplies of one to twelve additional compo unds by two to three suppliers of fluorinated HTFs. For more information on subpart OO confidentiality determinations resulting from these proposed revisions, see section IV of this preamble.

24 Such differences have been seen for other fluorinated GHGs; a recent comparison between the U.S. supply of SF 6 reported under OO and the demand for SF 6 calculated based on reporting under subparts I, T (Magnesi um Production), DD (Electrical Transmission and Distribution Equipment Use), and SS (Electrical Equipment Manufacture or Refurbishment) found that in 2012, supplies exceeded the calculated demand by more than half.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 137 of 290 X

. Subpart RR

– Geologic Sequestration of Carbon Dioxide In this action, we are proposing amendments to subpart RR of Part 98 (Geologic Sequestration of Carbon Dioxide). This section discusses all of the proposed changes to subpart
RR. As discussed in section II.B of this preamble , we are propos ing revisions th at would allow the EPA to collect data that would improve the EPA's understanding of GHG emissions from geologic sequestration , while generally resulting in a minimal increas e in burden for reporters. The EPA is proposing to add a data reporting element to 40 CFR 98.446 to indicate whether the facility is injecting a CO 2 stream in subsurface geologic formations to enhance the recovery of oil or natural gas

. This additional data element will also allow the EPA to make categorical confidentiality determinatio ns on data elements related to CO 2 received and CO 2 produced that currently have a confidentiality status that is evaluated on a case

- by

- case basis (77 FR 48072, 48081

- 48083; August 13, 2012)

. For more information on subpart RR confidentiality determinatio ns resulting from this proposed revision, see section I V of this preamble

. Y

. Subpart TT

— Industrial Waste Landfills In this action, we are proposing amendments to subpart TT of Part 98 (Industrial Waste Landfills) . This section discusses the substantive changes to subpart TT; one additional correction is summarized in the Table of Revisions available in the docket for this rulemaking (Docket Id

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- 0526). 1. Revisions to Subpart TT to Improve the Q uality of Data Collected under Part 98 For the reasons described in section II.B of this preamble, the EPA is proposing several amendments to Table TT

- 1 to subpart TT of Part 98 that would improve the quality of the data collected under the GHGRP and impr ove the EPA's understanding of sector GHG emissions, andDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 138 of 290 are anticipated to either have no impact on the burden for reporters or may reduce burden for some facilities currently using site

- specific factors. During the development of subpart TT, we received several comments regarding the need to provide more default DOC values for specific industrial waste streams, particularly from the pulp and paper industry. Additionally, on May 17,
2013 , we received written comments from the American Forest and Paper Asso ciation and the American Wood Council, with input from the National Council for Air and Stream Improvement, on the proposed 2013 Revisions to the Greenhouse Gas Reporting Rule and Proposed Confidentiality Determination for New or Substantially Revised Data Elements (78 FR 19802, April 2, 2013) . These comments stated t hat the current DOC values in Table TT

- 1 overstate substantially the GHG emissions from landfills at pulp and paper mills. ( See Docket Id.
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- 0934 ). One suggested resolution wa s for the EPA to create separate categories of wastes that would include largely inorganic waste streams and assign a lower DOC value in Table TT

- 1 . At that time, the information provided in the comments was considered new, the comments contained only limi ted data on which to base any changes, and they did not address items that were not part of the proposal. The EPA also did not have data to develop more waste specific DOC values for any of the industrial waste categories. Instead, we provided methods in t he rule that allowed reporters to develop site

- specific DOC values for wastes that may not be well

- characterized by the default values provided in Table TT

- 1. While we still maintain that site

- specific DOC values are preferable to the Table TT

- 1 defaults, we reviewed the site

- specific DOC values reported under subpart TT from 201 1 to 2013 to determine if we had adequate data to develop more specific industry default DOC values for inclusion in Table
TT

- 1. For most industries, we did not have enough data from site

- specific DOC estimates to establish new or revise default DOC values for inclusion in Table TT

- 1. However, we had site

-DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 139 of 290 specific DOC data for over 100 waste streams at pulp and paper manufacturing facilities. We note that the pulp and paper industry accounts for approximately 55 percent of the subpart TT reporters and accoun ts for 62 percent of the emissions reported during the 2013 reporting year. Within the data, we found four general pulp and paper waste types for which reporters commonly developed site

- specific DOC values. These are: boiler ash, kraft recovery (causticizi ng) wastes, wastewater treatment sludges, and other (which included hydropulper rejects, bark wastes, and digester knots). We found that our general pulp and paper waste (other than industrial sludge) default DOC value was reasonable for the “other” waste category, but overestimated DOC content for other pulp and paper waste streams. Boiler ash and kraft recovery wastes had very low DOC values, but not low enough to be considered “inerts.” We also found that wastewater treatment sludges for the pulp and pap er industry had, on average, a slightly higher DOC content than the default for “industrial sludge.” See memorandum, “Review of Site

- Specific Industrial Waste Degradable Organic Content Data” from Jeff Coburn and Katherine Bronstein, RTI International to R achel Schmeltz, EPA, dated June 17, 2015 in Do cket Id. EPA

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- specific DOC values for these different pulp and paper industry wastes, we consider it appropriate to provide additional default DOC values for the pu lp and paper industry for the purposes of improving the accuracy of the methane emissions estimates reported under subpart TT. Specifically, we are proposing to provide default DOC values for the four specific pulp and paper industry waste types previously listed. The proposed default DOC value for boiler ash is 0.06; the proposed default DOC value for kraft recovery wastes is 0.025. As proposed, these values, rather than the previous “pulp and paper waste (other than industrial sludge)” default value of 0. 20 or the “Inert Waste [ i.e. , waste listed in 40 CFRDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 140 of 290 98.460(c)(2)]” default value of 0, should be used for these specific waste streams. The proposed default DOC value for pulp and paper wastewater sludge is 0.12, which would be required, as proposed, for pulp and paper wastewater treatment sludges rather than the generic “Industrial Sludge” default value of 0.09. The fourth category being proposed is “Other Pulp and Paper Wastes (not otherwise listed)” and is to be used for all other pulp and paper wastes not included in the three other pulp and paper categories; the proposed default DOC value for this category is 0.20, which is consistent with the previous default for general pulp and paper wastes. In addition, we are adding a footnote to Table TT

- 1 to exp lain that kraft r ecovery w astes include green liquor dregs, slaker grits, and lime mud, which may also be referred to collectively as causticizing or recausticizing wastes. Reporters used any and all of these terms in their submitted reports to refer to th ese waste types. While we are proposing to provide these specific defaults for different types of waste in the pulp and paper industry, we do not intend to prevent the pulp and paper industry from using the other default values in Table TT

- 1 that may appl y. For example, if construction and demolition wastes are disposed of in a landfill at a pulp and paper manufacturing facility, the reporter may still use the construction and demolition waste default DOC value for these waste streams. However, to clarify, we intend to require the pulp and paper industry to use the industry

- specific wastewater sludge default DOC value, and are therefore proposing to revise the “Industrial Sludge” category to be “Industrial Sludge (other than pulp and paper industry sludge). ”
2. Minor Corrections and Clarifications to Subpart TT For the reasons described in section II.D of this preamble, we are proposing one minor correction to subpart TT of Part 98 that is an editorial change. This minor revision is summarizedDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 141 of 290 in the Table of Revisions available in the docket for this rule ma king (Docket Id

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Z

. Other Minor Revisions, Clarifications, and Corrections In addition to the substantive amendments proposed in section s I I I.A through I I I. Y of this preamble, for the reasons described in section II.D of this preamble, we are proposing minor revisions, clarifications, and corrections to subparts P, U , M M , PP, and UU of Part 98. The proposed changes to these subparts are provided in the Table of Revisions for thi s rulemaking, available in Docket I d. No. EPA

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- 0526 , and include clarifying requirements to better reflect the EPA’s intent, corrections to calculation terms or cross - references that do not revise the output of calculations, harmonizing changes within a subpart (such as changes to terminology), simple typo graphical errors, and other minor corrections ( e.g. , removal of redundant text )

. I V. Proposed Confidentiality Determinations for New or Changed Data Reporting
Elements
A

. Overview and Backgroun d In this notice we are proposing confidentiality determinations for new or substantially revised reporting data elements ( i.e. , the data required to be reported would change under the proposed revision) in the proposed subpart rule amendments. We are also proposing confidentiality determinations for certain existing data elements for which a confidentiality determination has not previously been proposed or finalized , or where the EPA has determined that the current determination is no longer appropriate. In this action, we are proposing confidentiality determinations for 117 new or substantially revise d data reporting requirements in 21 subparts. We are not proposing newDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 142 of 290 confidentially determinations for data reporting elements where the change does not require an additional or different data element to be reported. The final confidentiality determinations the EPA has pre viously made for these minimall y revised data elements are unaffected by this proposed amendment and continue to apply. We are also prop osing confidentiality determinations for 27 existing data elements in subparts I, Z, MM, NN, PP, and RR that are not revised in the proposed amendments. These include 2 2 data elements in subparts I, Z, MM, and RR for which the EPA had not made previous con fidentiality determinations under Part 98 , as well as two data elements in subpart NN for which a previous confidentiality determination is proposed to be revised because of new information indicating the data element is not entitled to confidential treatm ent under the provisions in 40 CFR 2.208. We are also proposing confidentiality determinations for three data elements in subpart PP that were included in the finalized “ Standards of Performance for Greenhouse Gas Emissions from New, Modified, and Reconstr ucted Stationary Sources: Electric Utility Generating Units ” (EGU NSPS) ( Docket Id. No. EPA

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- 0495 ). These proposed confidentiality determinations would be finalized before the end of 2016 based on public comment. The confidentiality determinati ons for new and substantially revised data elements would apply at the same time as the proposed rule amendments described in sections II and III of this preamble, as described in section I.E of this preamble. The confidentiality determinations for the exi sting Part 98 data elements would apply to reports submitted in RY2016 as well as all prior reporting years in which the data elements applied. This proposal is one of a series of rulemakings dealing with confidentiality determinations for data reported un der Part 98. For more information on previous confidentiality determinations for Part 98 data elements, see the following notices:DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 143 of 290 75 FR 39094, July 7, 2010; hereafter referred to as the “July 7, 2010 CBI proposal.” Describes the data categories and catego ry - based determinations the EPA developed for the Part 98 data elements. 76 FR 30782, May 26, 2011; hereafter referred to as the “2011 Final CBI Rule.” Assigned data elements to data categories and published the final CBI determinations for the data elements in 34 Part 98 subparts, except for those data elements that were assig ned to the “Inputs to Emission Equations” data category. 77 FR 48072, August 13, 2012, hereafter referred to as “2012 Final CBI Determinations Rule.” Finalized confidentiality determinations for data elements reported under nine subparts I, W, DD, QQ, RR, SS, UU; except for those data elements that are inputs to emission equations. Also finalized confidentiality determinations for new data elements added to subparts II and TT in the November 29, 2011 Technical Corrections Notice (76 FR 73886). 78 FR 68162; November 13, 2013; hereafter referred to as the “2013 Amendments and Confidentiality Determinations for Electronics Manufacturing

. ” Finalized confidentiality determinations for new data elements added to subpart I. 78 FR 69337, November 29, 2013; hereafte r referred to as the “2013 Revisions Rule

. ” Finalized determinations for new and revised data elements in 15 subparts, except for those data elements assigned to the “Inputs to Emission Equations” data category.

• 79 FR 63750, October 24, 2014; Final Inputs Rule . Revised recordkeeping and reporting requirements for 23 subparts and finalized confidentiality determinations for new data elements in 11 subparts.
B

. Approach to Proposed Confidentiality Determinations To make the determinations proposed in this notice, we applied the same approach as previously used for making confidentiality determinations for data elements reported under the GHGRP, which consisted of assigning data elements to an appropriate data cate gory and then either assigning the previously determined category

- based confidentiality determination or making an individual determination if the data element is assigned to a category for which no category

- based determination was previously made. The dat a categories used were those finalized in the 2011 Final CBI Rule. In the 2011 Final CBI Rule, the EPA made categorical confidentiality determinations for data elements assigned to eight direct emitter data categories and eight supplier data categories

. F or two direct emitter data categories (“Unit/Process ‘Static’ Characteristics that Are Not InputsDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 144 of 290 to Emission Equations” and “Unit/Process Operating Characteristics that Are Not Inputs to Emission Equations,”) and three supplier data categories (“GHGs Repo rted,” “Production/ Throughput Quantities and Composition,” and “Unit/Pr ocess Operating Characteristics ”), the EPA did not make categorical CBI determinations; instead the EPA determined that none of the data elements were emissions data (as defined in 40 CFR 2.301(a)(2)(i)) and made CBI determinations for each individual data elements based on the criteria in 40 CFR 2.208. In subsequent amendments to Part 98, 25 the EPA assigned each new or substantially revised data element to an appropriate data category c reated in the 2011 Final CBI Rule and applied the categorical confidentiality determination if one was established in the 2011 Final CBI Rule. If a data element was assigned to one of the two direct emitter or three supplier data categories identified abov e that do not have categorical determinations, the EPA made individual CBI determinations. In this action, we are proposing to assign new and substantially revised data elements in the proposed amendments, as well as certain existing data elements in subp arts I, Z, II, MM, NN, PP, and RR, to the appropriate direct emitter or supplier data category. 26 F or new, substantially revised, or existing data elements being assigned to categories with categorical confidentiality determinations, we propose to apply the categorical determinations made in the 2011 Final CBI

25 See, e.g. , 77 FR 48072 (August 13, 2012) and 77 FR 51477 (August 24, 2012). 26 With the exception of subpart RR, the EPA inadvertently did not proposed CBI determinations for these data elements. For subpart RR, the EPA initially proposed that all data elements were not CBI ( see Proposed Con fidentiality Determinations for Data Elements Under the Mandatory Reporting of Greenhouse Gases, 77 FR 1434 ; January 10, 2012). We then received comment that in certain cases, for enhanced recovery of oil or natural gas (ER), the data would be CBI . In the 2012 Final CBI Determinations Rule , the EPA did not have a subpart RR data element to distinguish between the ER and non

- ER facilities. Therefore, the EPA did not finalize the CBI determinations for those certain cases, but rather noted that the EPA would evaluate the confidentiality status on a case - by

- case basis. The remaining subpart RR data elements (including monitoring, reporting, and verification (MRV) plans, annual mass of CO 2 emitted by surface leakage, and annual mass of CO 2 sequestered) were dete rmined not to be CBI in the 2012 Final CBI Determinations Rule. In this action, we are proposing to add a new data element to indicate whether a facility is conducting ER , which now enables proposed confidentiality determinations to be made.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 145 of 290 Rule to the assigned data elements. For new, substantially revised, or existing reporting elements assigned to the “Unit/Process ‘Static’ Characteristics that Are Not Inputs to Emission Equations” and the “Unit/Process ‘ Operating ’ Characteristics that Are Not Inputs to Emission Equations” direct emitter data categories or the “Production/Throughput Quantities and Composition” and “Unit/Process Operating Characteristics” supplier data categories , consist ent with our approach toward data elements previously assigned to these data categories, we propose that these data elements are not emission data, and are making individual CBI determinations for the data elements in these categories. Although the EPA gr ouped similar data into categories and made categorical confidentiality determinations for a number of data categories, the EPA also recognized in previous rulemakings that similar data elements may not always have the same confidentiality
status 27

. In thes e cases, the EPA made individual instead of categorical determinations for the data elements. In this action, for the reasons explained below in section IV.C of this preamble , we are proposing to make an individual CBI determination for one data element fo r which we are not assigning a data category.
P lease see the memorandum titled “ Proposed D ata C ategory A ssignments and
C onfidentiality D eterminations for D ata E lements in the Proposed 2015 Revisions ” in Docket I d.
No. EPA

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- 0526 for a list of the proposed new, substantially revised, and existing data elements, their proposed category assignments, and their proposed confidentiality determinations (whether categorical or individual ). 28 Section I V.C of this preamble discusses the

27 See, e.g. , “ Greenhouse Gas Reporting Rule: 2014 Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems” (79 FR 70352, November 25, 2014). 28 Excludes data elements assigned to the “Inputs to Emissions Equations” data category. “Inputs to Emi ssions Equations” are considered emissions data. This memorandum includes the data element that is not being assigned to a data category.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 146 of 290 proposed CBI determin ations and supporting rationale for new or substantially revised data elements. Section I V. D of this preamble describes the proposed CBI determinations and supporting rationale for existing data elements for which we have not previously proposed a confiden tiality determination. Finally, section I V. E of this preamble discusses the proposed changes to the determinations and rationale for two existing data elements in subpart NN for which a confidentiality determinat ion was previously established.
C

. Proposed Confidentiality Determinations for New or Substantially Revised Data Reporting Elements In this action, the EPA is proposing to assign each of the 1 17 new or substantially revised data reporting requirements to the appropriate direct emitter or supplier data category. New and substantially revised data elements assigned to categories with categorical confidentiality determinations are summarized in the memorandum “ Proposed D ata C ategory A ssignments and
C onfidentialit y D eterminations for D ata E lements in the Proposed 2015 Revisions , ” available in Docket Id. No. EPA

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- 0526 . For new and substantially revised reporting elements assigned to direct emitter or supplier data categories without a categorical determin ation , we are proposing that these data elements are not emission data and are making individual CBI determinations for each data element

. We are proposing individual CBI determinations for 4 8 data elements assigned to the “Unit/Process ‘Static’ Characteri stics that Are Not Inputs to Emission Equations” and “Unit/Process ‘ Operating ’ Characteristics that Are Not Inputs to Emission Equations” direct emitter data categories and the “Production/Throughput Quantities

a nd Composition” and “Unit/Process Operating Characteristics” supplier data categories. These data elements consist of 1 7 new data elements in the direct emitter subparts C, E, F, I, S, V, X, Y, DD, II, and subpart RR, and 27 new data elements in the supplier subpart OO. We are alsoDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 147 of 290 proposing individual CBI determinations for four substantially revised data elements in subparts Y, DD, HH, and II. Table 7 of this preamble provides the category assignment and proposed rationale for the proposed determinations.
Table 7 . New and Revised Data Elemen ts Proposed to be Assigned to Data Categories without Categorical Determinations and Proposed CBI Determinations ( Subparts C, E, F, I, S, V, X, Y, DD, HH, II, OO, and RR)

Subpart Citation in 40 CFR part 98 (new or revised) Data element Confidentiality Dete rmination Rationale for the proposed CBI determination Data Elements Proposed to be Assigned to the “Unit/ P rocess ‘ Static ’ Characteristics that Are Not Inputs to Emission Equations” Direct Emitter Data Category C 98.36(c)(1)(iii) (new) Cumulative maximum rated heat input capacity of the group , excluding units less than 10 (mmBtu/hr). Not CBI These data elements consist of descriptions of the cumulative heat input capacity for a n aggregated group of stationary combustion units. These data elements do not reveal any proprietary information or a ny other information that could provide insight for competitors to gain an advantage because they do not provide specific design details. Further, these data elements provide information that that is generally already available to the public through other sources ( e.g. , operating permits). Therefore, we are proposing that these data elements are not CBI. C 98.36(c)(3)(ii) (new) Cumulative maximum rated heat input capacity of the units served by the co mmon pipe , excluding units less than 10 (mmBtu/hr). Not CBI

E 98.56(f) (new) Date of installation of abatement technology. Not CBI 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. Information regarding the date of installation of a batement devices constitute general information that is already available to the public through other sources ( e.g. , construction permits). Therefore, we are proposing that this data element is not CBI. I 98.96(y)(2)(iv) (new) The report must include the information described in paragraphs (y)(2)(i) through (v) of this section. (iv)...For any utilization, by

- product formation rate, and/or destruction or removal efficiency data Not CBI The dat a element for the triennial technology review report is being revised to request additional information to be submitted as part of the report, if facilities are submitting data from utilization and byproduct formation rate measurements conducted in the pri or three years. The EPA previously made a determination that 40 CFR 98.96(y)(2)(iv) was emission data and, therefore, not CBI. Several of the dataDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 148 of 290 submitted, the report must describe , where available : wafer size. elements that we are proposing to clarify should be included are already reported under 40 CFR 98.96 ( e.g. , w afer diameter) and the EPA is proposing the same category assignment and confidentiality determination for these data elements, including: • the wafer size• substrate type. Wafer size and substrate type are data elements that are published in datasets avai lable from the World Fab Forecast

. F urthermore, for the purposes of the triennial report, these data elements may be reported by one or multiple semiconductor manufacturing facilities, and may include measurements made by tool manufacturers or other fabs i n lieu of fab

- specific information. Therefore, we have concluded that the release of th ese data elements would not cause substantial competitive harm. For these reasons, we are proposing to assign a determination of not CBI. I 98.96(y)(2)(iv) (new) The report must include the information described in paragraphs (y)(2)(i) through (v) of this section. (iv)...For any utilization, by

product formation rate, and/or destruction or removal efficiency data submitted, the report must describe , where available : subs trate type. Not CBI

I 98.96(y)(2)(iv) (new) The report must include the information described in paragraphs (y)(2)(i) through (v) of this section. (iv)...For any utilization, by

product formation rate, and/or destruction or removal efficiency data submitted, the report must describe, where available: film type being manufactured. CBI The data element for the triennial technology review report is being revised to request additional information to be submitted as part of the report, if facilities are submitting data from utilization and byproduct formation rate measurements conducted in the prior three years. We are proposing that the "film type" is CBI because this data element could potentially provide insight into facility operating practices or pro prietary device designs that are considered sensitive by the reporter. Information provided by semiconductor manufacturers in prior rulemakings indicates that this data element is closely guarded and protected as sensitive business information. I 98.96(y)(2)(iv) (new) The report must include the information described in paragraphs (y)(2)(i) through (v) of this section. (iv)...For any utilization, by

- product formation rate, and/or destruction or removal efficiency data submitted, the report must desc ribe, where Not CBI This data element for the triennial technology review report is being revised to request additional information to be submitted as part of the report, if facilities are submitting data from utili zation and byproduct formation rate measurements conducted in the prior three years. We are proposing that the "linewidth or technology node" be categorized as “Unit/Process 'Static' Characteristics That are Not Inputs to Emission Equations" because this d ata elements describes basic characteristics of the products and processes in the facilityDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 149 of 290
available: linewidth or technology node. that do not vary with time. We are proposing that the "the linewidth or technology node" are Not CBI because this data is publicly available. Specifically, these dat a elements are published in datasets available from the World Fab Forecast. We have therefore concluded that the release of this data will not cause substantial competitive harm. V 98.226(h) (new) Date of installation of abatement technology. Not CBI This data element does 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. Information regarding the date of installation of abate ment devices constitute general information that is already available to the public through other sources ( e.g. , construction permits). Therefore, we are proposing that this data element is not CBI. Y 98.256(e)(3) (new) An indication of whether or not the flare is serviced by a flare gas recovery system Not CBI The proposed data element, which describes whether the flare is serviced by a flare gas recovery system, is similar to: 40 CFR 98.256(e)(3) (description of flare gas service) and 40 CFR 98.326(q) (annual operating hours of gas collection system), for which we have previously assigned a "Not CBI" designation. D escription s of flare gas service are not CBI because describing the type of flare or whether a flare is serviced by a flare gas rec overy system does not reveal any confidential information because flares are commonly used in the industry and no detailed specifications are required to be reported (see 75 FR 39113, July 7, 2010). DD 98.306(m) (new) Total miles of transmission and distr ibution lines located within each state or territory. Not CBI This data element is the same type of data that must be reported by these companies in 40 CFR 98.306(b) and (c), which requires reporting of the aggregate length all transmission lines carrying voltages above 35 kil o volt and the aggregate length all distribution lines carrying voltages above 35 kil o volt , for which we previously assigned a determination of not CBI. We had determined that the length of distribution lines and length of transmission lines are basic characteristics of equipment, and that facility

- specific lines that do not vary with time or with the operations of the process. Moreover, facilities reporting under this subpart consist of public utilities, includingDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 150 of 290 electric cooperatives, public supply corporations ( e.g. , Tennessee Valley Authority), Federal agencies ( e.g. , Bonneville Power Administration), and municipally owned electric utilities. These are public or publicly

- regulated utilities that are not affected by competitive market conditions that may apply to other industries. Further, data on transmission and distribution miles is publicly available in the Platts UDI Directory of Electric Power Producers and Distributers, which can be purchased by any interested party. Disclosure of this proposed new data element by the EPA would 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 adva ntage over the reporter. DD 98.306(n) (new) The following numbers of pieces of equipment: (1) New hermetically sealed

- pressure switchgear during the year. (2) New SF6

- or PFC

insulated equipment other than hermetically sealed

- pressure switchgear during the year. (3) Retired hermetically sealed

- pressure switchgear during the year. (4) Retired SF6

- or PFC

- insulated equipment other than hermetically sealed

pressure switchgear during the year. Not CBI Facilities reporting under this subpart consist of publi c utilities, including electric cooperatives, public supply corporations ( e.g. , Tennessee Valley Authority), Federal agencies ( e.g. , Bonneville Power Administration), and municipally owned electric utilities. These are public or publicly

- regulated utilitie s that are not affected by competitive market conditions that may apply to other industries. The reported data relate to maintenance activities and installation of new/replacement of existing gas

- insulated equipment ( e.g. , circuit breakers, switchgear, pow er transformers, etc.) and amounts of SF6 and PFC used or recovered in servicing or replacing such equipment. These data elements do not disclose any information about a manufacturing process or operating conditions that would be proprietary. Therefore, we are proposing that these data elements are not CBI. II 98.356(a) (revised) The average depth in meters of each anaerobic lagoon Not CBI For the industries with industrial wastewater treatment, the types of information that are considered proprietary or have previously been determined to be CBI in the May 26, 2011 final CBI determination notice include information on quantities and composit ion of raw materials used in the manufacturing processes and information on quantities and compositions of manufactured products. WeDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 151 of 290 are proposing that this data element is not CBI because this data element would not provide detailed insight into the desig n and operation of the facility’s manufacturing processes, raw materials, or products. II 98.356(a) (revised) Indicate whether biogas generated by each anaerobic process is recovered Not CBI For these industries, the types of information that are considered proprietary or have previously been determined to be CBI in the May 26, 2011 final CBI determination notice include information on quantities and composition of raw materials used in the ma nufacturing processes and information on quantities and compositions of manufactured products. We are proposing that this data element is not CBI because indicating whether biogas is recovered from an anaerobic process would not provide detailed insight in to the design and operation of the facility’s manufacturing processes, raw materials, or products, and provides only general information about the wastewater treatment system that is not considered sensitive by manufacturers. II 98.356(b)(6) (new) For each anaerobic wastewater treatment process (reactor, deep lagoon, or shallow lagoon) you must report: If the facility performs an ethanol production processing operation as defined in § 98.358 of this subpart, you must indicate if the facility uses a wet milling process or a dry milling process. Not CBI For the industries with industrial wastewater treatment, the types of information that are considered proprietary or have previously been determined to be CBI in the May 26, 2011 final CBI determination no tice include information on quantities and composition of raw materials used in the manufacturing processes and information on quantities and compositions of manufactured products. We are proposing that this data element is not CBI because this data elemen t would not provide detailed insight into the design and operation of the facility’s manufacturing processes raw materials, or products that is considered sensitive by reporters. This data element indicates only that the facility uses wet and/or dry millin g, which is information that would be available from the facility’s construction and Title V operating permits. This data element combined with the volume of wastewater entering the treatment plant (reported under 40 CFR 98.356(b)(2)) provides information on the quantities of wastewater generated by wet and dry milling activities. However, this information does not provide insight into any sensitive information, such as the amount of grain processed through the wetDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 152 of 290 and dry milling processes, the amount of e thanol produced, plant production efficiency, or production costs. RR 98.446(g) (new) Whether the CO 2 stream is being injected in to subsurface geologic formations to enhance the recovery of oil or natural gas. Not CBI This data element would identify whe ther a facility is performing enhanced oil recovery. We are proposing that this data element is not CBI because this data element does not reveal any significant details regarding the activities at the facility, the quantities of CO 2 received, or the CO 2 u tilization rates of the facility. Data Elements Proposed to be Assigned to the “Unit/Process ‘Operating’ Characteristics that Are Not Inputs to Emission Equations” Direct Emitter Data Category F 98.66(c)(2) (new) The following PFC

specific information on an annual basis: Anode effect minutes per cell

day (AE

- mins/cell

- day), anode effect frequency (AE/cell

- day), anode effect duration (minutes). (Or anode effect overvoltage factor ((kg CF4/metric ton Al)/(mV/cell day)), potline overvoltage (mV/cell day), current efficiency (%).) CBI While the proposed new data elements share characteristics with data elements previously assigned to the "Production/Throughput Data that are Not Inputs to Equations" data categories, we have determined that they do not share the same characteristics or co nfidentiality status as the data elements already assigned to this data category. These data elements are not inputs to emissions equations. Annual anode effect minutes per cell day, anode effect frequency, anode effect duration (or annual anode effect ove rvoltage factor, potline overvoltage, and current efficiency) describe operating characteristics associated with aluminum production. Our review of these data elements shows that they qualify for confidential treatment. We are proposing to classify annual average anode effect minutes, anode effect frequency, and anode effect duration as CBI because these data elements are an important measure of process efficiency (which provides insight into a firm’s operational strengths and weaknesses) and are not otherw ise publicly available. S 98.196(b)(21) (new) Annual average results of chemical composition analysis of each type of lime product produced and calcined product or waste sold CBI The proposed data elements describe the material composition of the product s manufactured. These values are not used as inputs to emissions equations, rather, they are annual average values for the purposes of QA/QC of the composition data used as inputs to the emissions calculations. We are proposing these data elements as CBI b ecause the reported data p rovides information on the composition of lime produc ed or raw material

. Disclosing information revealing a facility’s product compositions could give competitors insightDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 153 of 290 into a firm’s local and regional market conditions and expansion plans, enabling competitors to devise strategies to prevent expansion and to steal market share in specific locations

. X 98.246(a)(14) (new) Annual average of the measurements of the carbon content of each feedstock and product : (i) For feedstocks and products that are gaseous or solid, report this quantity in kg carbon per kg of feedstock or product. (ii) For liquid feedstocks and products, report this quantity either in units of kg carbon per kg of feedstock or production or kg C per ga llon of feedstock or product. CBI The proposed data elements describe the carbon content and annually averaged weight of feedstocks. This information could d isclose a facility’s feedstock composition, which could provide insight into its operational streng ths and weaknesses, expose its competitive and marketing strategies, or reveal its suppliers and sourcing strategies. Therefore, we are proposing that these data element qualify as CBI.

X 98.246(a)(15) (new) For each gaseous feedstock and product, the annual average of the measurements of molecular weight in units of kg per kg mole CBI

Y 98.256(e)(6) (revised) Annual mass of flare gas combusted (in kg/yr) Not CBI The proposed data element, which describes the annual mass of flare gas combusted, is similar to: 40 CFR 98.256(e)(3) (description of flare gas service) and 40 CFR 98.326(q) (annual operating hours of gas collection system), for which we have previously assigned a "Not CBI" designation. D escription s of flare gas service are not CBI

. D escrib ing the annual mass of flare gas combusted during the reporting year does not reveal any confidential information because flares are commonly used in the industry and no detailed specifications are required to be reported (see 75 FR 39113, July 7, 2010). HH 98.346(i)(5)(iii) (B) (revised) The annual operating hours where active gas flow was sent to each destruction device. Not CBI This data element describes the operating charact er istics of a destruction device. Although the proposed data element is simila r to the prior data element in 40 CFR 98.346(i)(5) “Annual operating hours for each destruction device associated with a given measurement location,” this data element reflects a separate operatingDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 154 of 290 parameter. This data element is not an input to an emissio ns equation. We are proposing that this data element is Not CBI. This data element would not reveal any information about landfill fees, revenues, costs, or contracts. Such information does not reveal any trade secrets or other sensitive business informati on regarding the design or operation of an aeration system or the landfill. Further, this type of data on landfills is generally already publicly available from the municipalities operating landfills. We have therefore concluded that the release of this da ta will not cause substantial competitive harm. Data Elements Proposed to be Assigned to the “Production/Throughput Quantities and Composition” Supplier Data Category OO 98.416(a)(1) (new) Mass in metric tons of each ...fluorinated HTF ...produced at that facility by process, except for amounts that are captured solely to be shipped off site for destruction. CBI These data elements describe production and throughput quantities and product compositions (including products produced, imported, or exported). Th ese data elements are the same type of data that must be reported for fluorinated GHGs, for which we have previously assigned a determination of CBI. T he disclosure of annual production quantities and composition of products ( i.e. , quantities sold and/or d elivered), could provide insight into a firm’s market strength and position. Disclosure of facility

- level production/ throughput quantities and product compositions could give competitors insight into a firm’s local and regional market conditions and expan sion plans, enabling competitors to devise strategies to prevent expansion and to steal market share in specific locations

. Therefore, the EPA proposes to determine that the se data elements are CBI. OO 98.416(a)(2) (new) Mass in metric tons of each ...fluorinated HTF ...transformed at that facility, by process. CBI

OO 98.416(a)(3) (new) Mass in metric tons of ...fluorinated HTF that is destroyed at that facility and that was previously produced as defined at §98.410(b). Quantities to be reported under this paragraph (a)(3) of this section include but are not limited to quantities that are shipped to the facility by another facility for destruction and quantities that are returned to the facility for reclamation but are found to be irretrievably contamin ated and are therefore destroyed. CBI

OO 98.416(a)(5) (new) Total mass in metric tons of each...fluorinated HTF... CBIDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 155 of 290 sent to another facility for transformation. OO 98.416(a)(6) (new) Total mass in metric tons of each ... fluorinated HTF sent to another facility for destruction, except...fluorinated HTFs that are not included in the mass produced in §98.413(a) because they are removed from the production process as by

- products or other wastes. Quantities to be reported under this paragraph (a)(6) co uld include, for example, fluorinated GHGs that are returned to the facility for reclamation but are found to be irretrievably contaminated and are therefore sent to another facility for destruction. CBI

OO 98.416(a)(7) (new) Total mass in metric tons of each . . . fluorinated HTF that is sent to another facility for destruction and that is not included in the mass produced in §98.413(a) because it is removed from the production process as a byproduct or other waste. CBI

OO 98.416(a)(11) (new) Mass in metric tons of . . . fluorinated HTF that is fed into the destruction device and that was previously produced as defined at §98.410(b). Quantities to be reported under this paragraph (a)(11) of this section include but are not limited to quantities that ar e shipped to the facility by another CBIDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 156 of 290 facility for destruction and quantities that are returned to the facility for reclamation but are found to be irretrievably contaminated and are therefore destroyed. OO 98.416(a)(12) (new) Mass in metric tons of . . . fluorinated HTF . . . that is measured coming out of the production process, by process. CBI

OO 98.416(a)(14) (new) Quantities (m etric tons) of ... of each ... fluorinated HTF that were sent to each for transformation. CBI

OO 98.416(a)(15) (new) Quantities (metric tons) of each ... fluorinated HTF that were sent to each for destruction. CBI

OO 98.416(c)(1) (new) Each bulk importer of ...fluorinated HTFs ... at the corporate level... (1) Total mass in metric tons of ...each ....fluorinated HTF imported in bulk, including each... fluorinated HTF constituent of the... fluorinated HTF product that makes up between 0.5 percent and 100 percent of the product by mass. CBI

OO 98.416(c)(2) (new) Each bulk importer of ...fluorinated HTFs ... at the corporate level... (2) Total mass in metric tons of . . . fluorinated HTF imported in bulk and sold or transferred to persons other than the importer for use in processes resulting in the transformation or destruction of the chemical. CBI

OO 98.416(c)(6) (new) Each bulk importer of ...fluorinated HTFs ... at the corporate level... CBIDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 157 of 290 (6) Commodity code of the ... fluorinated HTFs ...shipped. OO 98.416(c)(8) (new) Each bulk importer of ...fluorinated HTFs ... at the corporate level... (8) Total mass in metric tons of each

... fluorinat ed HTF destroyed by the importer. CBI

OO 98.416(c)(9) (new) Each bulk importer of ...fluorinated HTFs ... at the corporate level... (9) Quantities of fluorinated HTFs sold or transferred to each facilities for transformation. CBI

OO 98.416(c)(10) (new) Each bulk importer of ...fluorinated HTFs ... at the corporate level... (10) If applicable, the quantities (metric tons) of each . . . fluorinated HTF that were sold or transferred to each facility for destruction. CBI

OO 98.416(d)(1) (new) Each bulk exporter of fluorinated GHGs, fluorinated HTFs, or nitrous oxide

... at the corporate level... (1) Total mass in metric tons of . . . each

... fluorinated HTF exported in bulk. CBI

OO 98.416(d)(4) (new) Each bulk exporter of fluorinated GHGs, fluorinated HTFs, or nitrous oxi de

... at the corporate level... (4) Commodity code of the . . . fluorinated HTFs . . . shipped. CBI

OO 98.416(i) (new) ...quantities that are shipped to the facility by another facility for destruction and quantities that are returned to the facility for reclamation but are CBIDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 158 of 290 found to be irretrievably contaminated and are therefore destroyed. OO 98.416(j) (new) ... the identities or concentrations of the fluorinated HTF or fluorinated GHG constituents of a fluorinated HTF product have changed, then the n ew or changed concentrations ... CBI

Data Elements Proposed to be Assigned to the “Unit/Process Operating Characteristics” Supplier Data Category OO 98.416(b)(1) (new) Any facility that destroys ... fluor inated HTFs shall submit: (1) Destruction efficiency (DE). Not CBI The proposed data elements, which apply to fluorinated HTFs, are the same type of data that must be reported for fluorinated GHGs, for which we have previously assigned a determination of not CBI. The EPA pr eviously d etermine d that the destruction efficiency of each fluorinated GHG destruction unit, the chemical identity of the fluorinated GHG(s) used in the performance test conducted to determine the destruction efficiency, and the name of all applicable federal and state regulatio ns that may apply to the destruction process are not CBI . The proposed data elements do not reveal sensitive business information about the process, n or do they reveal the technology used for fluorinated GHG destruction, or the operating conditions for a p articular technology. OO 98.416(b)(4) (new) Any facility that destroys ... fluorinated HTFs shall submit: (4) Chemical identity of the fluorinated GHG(s) used in the performance test conducted to determine DE. Not CBI

OO 98.416(b)(5) (new) Any facility that destroys ... fluorinated HTFs shall submit: (5) Name of all applicable federal or state regulations that may apply to the destruction process. Not CBI

OO 98.416(c)(3) (new) Each bulk importer of ...fluorinated HTFs ... at the corporate level... (3) Date o n which the... fluorinated HTFs ... were imported. CBI These data elements describe t he dates of import and export shipments, and the ports of entry or exit. The proposed data elements, which apply to fluorinated HTFs, are the same type of data that must be reported for fluorinated GHGs, for which we have previously assigned a determination of CBI. R elease of these data elements to the public could allow competitors to link customs records on quantities and product composition with the import and export data reported under Part 98, thus allowing competitors to determine market share and devise marketing strategies to undermine or weaken a competitor’s p osition

. Because disclosure of these data elements is likely to cause harm , OO 98.416(c)(4) (new) Each bulk importer of ...fluorinated HTFs ... at the corporate level... (4) Port of entry through which the ... fluorinated HTFs ... passed. CBI

OO 98.416(d)(5) (new) Each bulk exporter of fluorinated GHGs, fluorinated HTFs... at the corporate level... (5) Date on which, and the port from which, the CBIDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 159 of 290
...fluorinated HTFs ...were exported from the United States or its territories. we have determined that these dat a elements qualify as CBI.

OO 98.416(j) (new) If...identities or concentrations of the fluorinated HTF or flu orinated GHG constituents of a fluorinated HTF product have changed, the date of the change ... Not CBI The proposed data elements, which apply to fluorinated HTFs, are the same type of data that must be reported for fluorinated GHGs under 40 CFR 98 .416(f) , for which we have previously assigned a determination of not CBI. T he date on which changes were made to the composit ion of a fluorinated HTF product does not disclose the actual composition of the product, the raw materials used to make the product, the m ethod of manufacture, or the efficiency of the manufacturing process. Therefore, we are proposing that this data element is not CBI.
We are proposing to assign one revised data element in subpart Z (Phosphoric Acid Production) to the “Unit/Process ‘Static’ Characteristics that are Not Inputs to Emissions Equation Category” but are not making a confidentiality determination for this data element. The provision 40 CFR 98.266(f)(3) requires reporting the annual phosphoric acid pro duction capacity (tons) for each wet

- process phosphoric acid process line (metric tons). The EPA reviewed the available capacity information and determined that the situation may vary for individual facilities. While the production capacity data elements a re generally publicly available through construction and Title V permits, there may be facilities where th ese data are not public. Further, the information publicly available for facilities may not necessarily be the same as the data elements required unde r Part 98. For example, capacity data available in the Title V permit may be a plant

- wide throughput capacity rather than the capacity of the individual process line reported under Part 98. For this reason, we have decided not to make a confidentiality det ermination for this revised data element, but instead determinations for this data element will be made on a case

- by

- case basis. This decision not to propose a determination for this dataDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 160 of 290 element is consistent with our treatment of other capacity data ( e.g
. , capacity of process lines or production units) (see 2011 Final CBI Rule). We are also proposing to make an individual confidentiality determination for one data element in subpart FF without assigning it to a data category. While our general approach for making confidentiality determination is to assign each data element to a data category and apply the categorical confidentiality determination where one has been made, we are not doing so here for the following reason. The data element at issue is in p rovision 40 CR 98.326(u), which requires the annual coal production in short tons for the reporting year. The proposed data element shares characteristics with data elements previously assigned to the "Production/Throughput Data that are Not Inputs to Equa tions" data category, which the EPA has categorically determined to be CBI. However, unlike data elements assigned to that data category, the proposed data element is publicly available and therefore does not qualify as CBI. Coal production data are curren tly published quarterly and annually by MSHA and annually by the EIA 29 . We are therefore not assigning this proposed data element to the "Production/Throughput Data that are Not Inputs to Equations" data category. Because th ese data

are already publically a vailable, we ar e proposing a determination of “ Not CBI .”
D . Proposed Confidentiality Determinations for Other Part 98 Data Reporting Elements for which No Determination has been Previously Established We are proposing categorical determinations for 22 data elements currently in subparts I, Z, MM, and RR for which no determination has been previously proposed or finalized under Part
98 , as well as for three data elements that were proposed to be included in subpart PP in the

29 MSHA Mine Data Retrieval System (MDRS) (available at: http://www.msha.gov/drs/drshome.htm ) and U.S

. De E partment of Energy, Energy Information Admin s istration Mine Level Data (available at: http://www.eia.gov/beta/coal/data/browser/#/topic/38?agg=1,0&rank=g&geo=g0000000000003ms&mntp=g&freq= A&start=2001&end= 2012&ctype=linechart<ype=pin&rtype=b&rse=0&pin=&maptype=0 )DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 161 of 290 finalized EGU NSPS. For subpart I , the affected data element w as revised in final s ubpart I rule amendments on November 13, 2013 (78 FR 68162) following public comment. In this case, the EPA had not proposed a confidentiality determination for the revised data element and therefore did no t finalize a determination in the final rule. For subpart Z, we are proposing to clarify the original determination for a data element in which it is unclear how to apply the final determination assigned in the 2011 Final CBI Rule

. For subpart MM, we are p roposing a determination for one data element where the EPA inadvertently failed to finalize a determination in the 2013 Revisions Rule. We are proposing confidentiality determinations for three data elements in subpart PP which were added to Part 98 in the EGU NSPS. Finally, we are proposing confidentiality determinations for 16 data elements in subpart RR. In the 2012 Final CBI Determinat ions Rule (77 FR 48072, August 13, 2012), we did not finalize a confidentiality determination for these data elements, which relate to facility

- level and flow meter

- level quantities of CO 2 received onsite, because the sensitivity of these data elements was dependent on whether the reporter conducted enhanced oil and gas recovery (ER) activities or non

- ER activities. In this action, w e are proposing to require that facilities report whether they are conducting ER activities. As such, the proposed amendments would allow the submitted reports
to indicate that the facility is conducting ER activities and therefore would allow for categorical confidentiality determinations for these data elements

. Of these data elements , we are proposing to assign one data elemen t in subpart MM to the “Amount and Composition of Materials Received” supplier data category, which has a categorical confidentiality determination of CBI. We are proposing to assign the remaining data elements in subparts I, Z, PP , and RR to the “Unit/Pro cess ‘ Operating ’ Characteristics that Are Not Inputs to Emission Equations” and “Unit/Process ‘Static’ Characteristics that Are Not InputsDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 162 of 290 to Emission Equations” direct emitter data categories and the “Production/Throughput Quantities and Composition” supp lier data categories, and are proposing individual confidentiality determinations for these data elements. For 16 data elements in subpart RR, we are proposing separate determinations for each data element for facilities conducting ER operations and facili ties conducting non

- ER operations. Table 8 of this preamble provides the category assignment and proposed rationale for the proposed determinations for the existing data elements in subparts I, Z, MM, PP, and RR

. Table 8 . Proposed CBI Determinations for Ot her Data Elements in Part 98 (Subparts I, Z, MM, PP, and RR )
Subpart Citation in 40 CFR part 98 Data element Confidentiality Determination Rationale for the proposed CBI determination Data Elements Proposed to be Assigned to the “Unit/ P rocess ‘S tatic ’ Characteristics that Are Not Inputs to Emission Equations” Direct Emitter Data Category I 98.96(a) Annual manufacturing capacity of each fab at your facility used to determine the annual manufacturing capacity of your facility in Equation I

- 5 of this subpart. CBI The EPA revised this data element in the final rule published on November 13, 2013 (78 FR 68162), to apply at the fab level instead of at the facility level to be consistent with other revised data reporting requirements, but did not make a pr oposed or final confidentiality determination for the revised d ata element in the final rule. The EPA is now proposing to revise the confidentiality determination for this data eleme nt, and to consider it as CBI. This data element describes the annual prod uct production capacity of individual fabs, and could cause competitive harm if released. Specifically, this data element could provide insight into facility operating practices that are considered sensitive by the reporter and could provide a competitor w ith a competitive advantage over other facilities. Additional information provided by industry indicates that this data element is closely guarded and protected by nearly all industry members as sensitive business information. Z 98.266(a) Origin of the ph osphate rock CBI In the “ Final Data Category Assignments and Confidentiality Determinations for Part 98 Reporting Elements ” memorandum issued AprilDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 163 of 290 29, 2011, we categorized the s ubpart Z data element “Annual phosphoric acid production by origin of the phosphate rock” at 40 CF R 98.266(a) to be production/throughput data that are not inputs to emission equations, and therefore considered to be confidential business information. To clarify this determination, we are proposing to specify that both t he annual phosphoric acid production and the origin of the phosphate rock are both considered to be c onfidential business information. This data element describes operating parameters related to the operating processes at the facility and is assigned to th e "Unit/Process 'Operating' Characteristics That are Not Inputs to Emission Equations" data category. We are proposing that this data element is CBI because the data element could reveal information on the source and composition of raw materials used in th e manufacturing processes , which could provide insight into the facility’s raw material suppliers, production costs and manufacturing processes. Data Elements Proposed to be Assigned to the “Unit/ P rocess ‘ Operating ’ Characteristics that Are Not Inputs to Emission Equations” Direct Emitter Data Category I 98.96(q)(2) For all abatement systems through which fluorinated GHGs or N 2 O flow at your facility, for which you are reporting controlled emissions, the following: (2) If you use default destruction or removal efficiency values in your emissions calculations under §98.93(a), (b), or (i), certification that the site maintenance plan for abatement systems for which emissions are being reported contains manufacturer's r ecommendations and specifications for installation, operation, and maintenance for each abatement system. Not CBI In the final rule amendments published on November 13, 2013 (78 FR 68162), the EPA revised 40 CFR 98.96(q) into four paragraphs and added para graphs (q)(2) to (q)(4) to address comments received on the proposal related to abatement systems. However, because the EPA proposed no confidentiality determination for these three new paragraphs, the EPA made no final CBI determination. These data elemen ts are similar to data element 40 CFR 98.96(q)(1). For 40 CFR 98.96(q)(1), the EPA made a final determination that this data element should be in the category for “Unit/Process 'Operating' Characteristics That are Not Inputs to Emission Equations" and that that this data element was not CBI. Similar to 40 CFR 98.96(q)(1), paragraphs (q)(2) to (q)(4) are certification statements that do not provide detailed information on sensitive business information of a competitive nature. I 98.96(q)(3) For all abatement systems through which fluorinated GHGs or N 2 O flow at your facility, for which you are reporting controlled Not CBIDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 164 of 290 emissions, the following: (3) If you use default destruction or removal efficiency values in your emissions calculations under §98 .93(a), (b), and/or (i), certification that the abatement systems for which emissions are being reported were specifically designed for fluorinated GHG or N 2 O abatement, as applicable. You must support this certification by providing abatement system suppl ier documentation stating that the system was designed for fluorinated GHG or N 2 O abatement, as applicable. Moreover, the EPA certification statements are the same language in 40 CFR 98.96(q)(2) through (4) and do not include any facility

- or process specific information that could be considered exclusive. Therefore, the EPA is proposing that these three data elements should also be assigned to the category for “Unit/Process 'Operating' Characteristics That are Not Inputs to Emission Equations,” and the EPA is proposing that these three data elements also be classified as “not CBI.”

I 98.96(q)(4) For all abatement systems through which fluorinated GHGs or N 2 O flow at your facility, for which you are reporting controlled emissions, the following: (4) For all stack systems for which you calculate fluorinated GHG emissions according to the procedures specified in §98.93(i)(3), certification that you have included and accounted for all abatement systems and any respective downtime in your emissions calculations under §98.93(i)(3). Not CBI

Data Elements Proposed to be Assigned to the “ Amount and Composition of Materials Received ” Supplier Data Category MM 98.396(a)(20) For all crude oil that enters the refinery, report the annual quantity in barrels. CBI In rule amendments published on November 29 , 2013 ( 78 FR 71904 ), we revised this data element from “the batch volume of crude oil that enters the refinery in barrels” to “ the annual quantity of crude oil that enters the refinery in barrels

. ” However, we did not make a confidentiality determination for this revised data element at that time. We are proposing that the revised data element be assigned to the “ Amount and Composition of Materials Received” category, which has a categorical confidentiality determination of CBI. Data Elements Proposed to be Assigned to the “Production/Throughput Quantities and Composition” Supplier Data Category PP 98.426(h)(1) If you capture a CO 2 stream from an electricity generating Not CBI This data element identifies subpart D facilities that transfer CO 2 to anyDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 165 of 290 unit that is subject to subpart D of this part and transfer CO 2 to any facilities that are subject to subp art RR of this part, you must report the facility identification number associated with the annual GHG report for the subpart D facility

. facilities that are subject to subpart RR of this part. This information does not reveal any significant details regarding production or production and import/export data that may be considered CBI. Therefore, we are proposing that this data elemen t is not CBI.
PP 98.426(h)(2) If you capture a CO 2 stream from an electricity generating unit that is subject to subpart D of this part and transfer CO 2 to any facilities that are subject to subpart RR of this part, you must report each facility identific ation number associated with the annual GHG reports for each subpart RR facility to which CO 2 is transferred

. Not CBI This data element identifies subpart RR facilities to which CO 2 streams are transferred from subpart PP. This information does not reveal any significant details regarding production or production and import/export data that may be considered CBI. Therefore, we are proposing that this data element is not CBI.

PP 98.426(h)(3) If you capture a CO 2 stream from an electricity generating unit that is subject to subpart D of this part and transfer CO 2 to any facilities that are subject to subpart RR of this part, you must report the annual quantity of CO 2 in metric tons that is transferred to each subp art RR facility

. Not CBI This data element describes the quantity of CO2 that is captured at an electric generating unit that is subject to subpart D and transferred to subpart RR facilities. This information does not reveal any significant details regarding production or production and import/export data that may be considered CBI. Therefore, we are proposing that this data element is not CBI. RR 98.446(a)(1) For enhanced oil and gas recovery (ER) Activities : If you receive CO 2 by pipeline, report the following for each receiving flow meter: Total net mass of CO 2 received (metric tons) annually. CBI We are pro posing that these data elements are CBI when reported by facilities conducting enhanc ed oil or natural gas recovery, on the basis that they are not publicly available and can not be derived from publicly available data. Further, the EPA has previously determined for subpart UU that the quantities of CO 2 reported as received by specific ER f acilities could enable CO 2 suppliers and pipeline transportation companies to use the information to their advantage in price negotiations on future contracts with the CO 2 purchasers, which would lead to an economic disadvantage for these facilities. RR 98.446(a)(2)(i) For ER Activities : If a volumetric flow meter is used to receive CO 2 report the following unless you reported yes to § 98.446 (a)(4): Volumetric flow through a receiving flow meter at standard conditions (in standard cubic meters) in each qua rter. CBI

RR 98.446(a)(2)(ii) For ER Activities : If a volumetric flow meter is used to receive CO 2 report the following unless you reported yes to § 98.446 (a)(4): The volumetric flow through a CBIDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 166 of 290 receiving flow meter that is redelivered to another facility without being injected into your well (in standard cubic meters) in each quarter. RR 98.446(a)(2)(iii) For ER Activities : If a volumetric flow meter is used to receive CO 2 report the following unless you reported yes to § 98.446(a)(4): CO 2 concentration in the flow (volume percent CO 2 expressed as a decimal fraction) in each quarter. CBI

RR 98.446(a)(3)(i) For ER Activities : If a mass flow meter is used to receive CO 2 report the following unless you reported yes to § 98.446(a)(4): The mass flow through a receiving flow meter (in metric tons) in each quarter. CBI

RR 98.446(a)(3)(ii) For ER Activities : If a mass flow meter is used to receive CO 2 report the following unless you reported yes to § 98.446(a)(4): The mass flow through a receiving flow meter that is redelivered to another facility without being injected into your well (in metric tons) in each quarter. CBI

RR 98.446(a)(3)(iii) For ER Activities : If a mass flow meter is used to receive CO 2 report the following unless you reported yes to § 98.446(a)(4): The CO 2 concentration in the flow (weight percent CO 2 expressed as a decimal fraction) in each quarter. CBI

RR 98.446(b)(1) For ER Activities : If you receive CO 2 in containers, report: The mass (in metric tons) or volume at standard conditions (in standard cubic meters) of contents in containers in each quarter. CBI

RR 98.446(b)(2) For ER Activities : If you receive CO 2 in containers: Concentration of CO 2 of contents in containers (volume or wt. % CO 2 expressed as a decimal fraction) in each quarter. CBIDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 167 of 290
RR 98.446(b)(3) For ER Activities : If you receive CO 2 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. CBI

RR 98.446(b)(4) For ER Activities: If you receive CO 2 in containers: Net mass of CO 2 received (metric tons) annually. CBI

RR 98.446(c) For ER Activities: If you use more than one rec eiving flow meter: Total net mass of CO 2 received (metric tons) through all flow meters annually. CBI

RR 98.446(f)(4)(i) For ER Activities: If the date specified in § 98.446(e) is during the reporting year for this annual report, report the following starting on the date specified in § 98.446(e): For each separator flow meter (mass or volumetric), report CO 2 mass produced (metric tons) annually. CBI We are proposing that these data elements, which are related to the quantity of produced CO 2 measured at a separator meter, are CBI when reported by facilities performing enhanced oil and gas recovery. Previously, commenters have noted 30 that although some data from ER wells is publicly available, the total mass of produced CO 2 by well or within a field is not already in the public domain. Publication of produced CO 2 data, when coupled with publicly available information on oil and gas production by well, co uld enable competitors to calculate CO 2 utilization rates for both individual wells and fields and possibly track changes in CO 2 utilization over time. This data could be used to gain insight into production costs and reservoir performance, which could res ult in competitive harm. RR 98.446(f)(4)(ii) For ER Activities : If the date specified in § 98.446(e) is during the reporting year for this annual report, report the following starting on the date specified in § 98.446(e): For each separator flow meter (mass or volumetric), report CO 2 concentration in flow (volume or wt. % CO 2 expressed as a decimal fraction) in each quarter. CBI

RR 98.446(f)(4)(iii) For ER Activities : If the date specified in § 9 8.446(e) is during the reporting year for this annual report, report the following starting on the date specified in § 98.446(e): If a volumetric flow meter is used, volumetric flow rate at standard conditions (standard cubic meters) in each quarter. CBI

RR 98.446(f)(4)(iv) For ER Activities : If the date specified in § 98.446(e) is CBI

30 7 7 FR 48083 , August 13, 2012.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 168 of 290 during the reporting year for this annual report, report the following starting on the date specified in § 98.446(e): If a mass flow meter is used, mass flow rate (metric tons) in each quarter. RR 98.446(a)(1) For Non

- ER Activities: If you receive CO 2 by pipeline, report the following for each receiving flow meter: Total net mass of CO 2 received (metric tons) annually. Not CBI For non

- ER facilities, w e are proposing that these data elements are not eligible for CBI treatment because these data elements are publicly available or can be derived from publicly available data. Th ese data can be derived from Underground Injection Control (UIC) permits, which are issued for each injection well by the EPA or by s tates that have assumed primary enforcement authority for permitting Class II injection wells

. Unlike ER facilities, the CO 2 received at non

- ER facilities is not recycled and re

- injected. The amount of CO 2 received at non

E R facilities is equivalent to the amount of CO 2 injected (which is reported per UIC permit conditions). Information related to the permits is reported to EPA or States at least annually and made available to the public upon request. Because this informatio n is publicly available, the EPA finds that disclosure of these data elements is not likely to cause substantial competitive harm to reporters who conduct non

- ER activities . The EPA proposes to determine that th ese data elements are not CBI. RR 98.446(a)(2)(i) For Non

- ER Activities: If a volumetric flow meter is used to receive CO 2 report the following unless you reported yes to § 98.446(a)(4): Volumetric flow through a receiving flow meter at standard conditions (in standard cubic meters) in each quarter. Not CBI

RR 98.446(a)(2)(ii) For Non

- ER Activities: If a volumetric flow meter is used to receive CO 2 report the following unless you reported yes to § 98.446(a)(4): The volumetric flow through a receiving flow meter that is redelivered to another facility without being injected into your well (in standard cubic meters) in each quarter. Not CBI

RR 98.446(a)(2)(iii) For Non

- ER Activities: If a volumetric flow meter is used to receive CO 2 report the following unless you reported yes to § 98.446(a)(4): CO 2 concentration in the flow (volume percent CO 2 expressed as a decimal fraction) in each quarter. Not CBI

RR 98.446(a)(3)(i) For Non

- ER Activities: If a mass flow meter is used to receive CO 2 report the following unless you reported yes to § 98.446(a)(4): The mass flow through a receiving flow meter (in metric tons) in each quarter. Not CBIDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 169 of 290
RR 98.446(a)(3)(ii) For Non

- ER Activities : If a mass flow meter is used to receive CO 2 report the following unless you reported yes to § 98.446(a)(4): The mass flow through a receiving flow meter that is redelivered to another facility without being injected into your well (in metric tons) in each quarter. Not CBI

RR 98.446(a)(3)(iii) For Non

- ER Activities: If a mass flow meter is used to receive CO 2 report the following unless you reported yes to § 98.446(a)(4): The CO 2 concentration in the flow (weight percent CO 2 expressed as a decimal fraction) in each quarter. Not CBI

RR 98.446(b)(1) For Non

- ER Activities: If you receive CO 2 in containers, report: The mass (in metric tons) or volume at standard conditions (in standard cubic meters) of contents in containers in each quarter. Not CBI

RR 98.446(b)(2) For Non

- ER Activities: If you receive CO 2 in containers: Concentration of CO 2 of contents in containers (volume or wt. % CO 2 expressed as a decimal fraction) in each quarter. Not CBI

RR 98.446(b)(3) For Non

- ER Activities: If you receive CO 2 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. Not CBI

RR 98.446(b)(4) For Non

- ER Activities: If you receive CO 2 in containers: Net mass of CO 2 received (metric tons) annually. Not CBI

RR 98.446(c) For Non

- ER Activities: If you use more than one receiving flow meter: Total net mass of CO 2 received (metric tons) through all flow meters annually. Not CBIDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 170 of 290
RR 98.446(f)(4)(i) For Non

- ER Activities: If the date specified in § 98.446(e) is during the reporting year for this annual report, report the following starting on the date specified in § 98.446(e): For each separator flow meter (mass or volumetric), report CO 2 mass produced (metric tons) annually. Not CBI For non

- ER facilities, w e are proposing that these data elements are not eligible for CBI treatment because these data elements are publicly available or can be derived from publicly available data. Th ese data can be derived from UIC permits, which are issued for each injection well by the EPA or by s tates that have assumed primary enforcement authority for permitting Class II injection wells. Unlike ER facilities, the CO 2 received at non

- ER facilities is not recycled and re

- injected. The amount of CO 2 received at non

ER facilities is equivalent to the amount of CO 2 injected (which is reported per UIC permit conditions). Information related to the permits is reported to EPA or States at least annually and m ade available to the public upon request. Because this information is publicly available, the EPA finds that disclosure of these data elements is not likely to cause substantial competitive harm to reporters who conduct non

- ER activities . The EPA proposes to determine that th ese data elements are not CBI. RR 98.446(f)(4)(ii) For Non

- ER Activities: If the date specified in § 98.446(e) is during the reporting year for this annual report, report the following starting on the date specified in § 98.446(e): For each separator flow meter (mass or volumetric), report CO 2 concentration in flow (volume or wt. % CO 2 expressed as a decimal fraction) in each quarter. Not CBI

RR 98.446(f)(4)(iii) For Non

- ER Activities: If the date specified in § 98.446(e) is during the reporting year for this annual report, report the following starting on the date specified in § 98.446(e): If a volumetric flow meter is used, volumetric flow rate at standard conditions (standard cubic meters) in each quarter. Not C BI

RR 98.446(f)(4)(iv) For Non

- ER Activities: If the date specified in §98. 446(e) is during the reporting year for this annual report, report the following starting on the date specified in §98. 446(e): If a mass flow meter is used, mass flow rate (metric tons) in each quarter. Not CBI

E . Proposed Revised Confidentiality Determination for Subpart NN Data Elements We are proposing revised confidentiality determination s for two existing data elements in subpart NN. Under subpart NN, local distribution companies report the volume of natural gas withdrawn from on

- system storage and the annual volume of liquefied natural gas ( LNG ) withdrawn from storage and vaporized for delivery on the distribution system (40 CFRDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 171 of 290 98.406(b)(3)). The EPA previously assigned these data elements to the "Amount and Composition of Materials Received" category, which has a confid entiality determination o f CBI. The EPA is propos ing to change these data elements ’ status from CBI to non

- CBI. These data elements are reporte d to the EPA by LDCs subject to subpart W of Part 98 (Petroleum and Natural Gas Systems) in addition to subp art NN. In support of a recent s ubpart W rulemaking (79 FR 70352, November 25, 2014), review of publicly available data found that gas withdrawals from underground storage are reported to the EIA on form EIA

– 176 (Annual Report of Natural and Supplemental Gas Supply and Disposition). As we noted in the proposed version of that rule, the EIA considers all information submitted on EIA

– 176 to be non

- proprietary information and publishes the quantity of natural gas withdrawn from storage on their website. Data that are already in the public domain are not entitled to confidential treatment under the provisions in 40 CFR 2.208. Since the quantity of natural gas withdrawn from storage is publicly available, the EPA proposes to assign the confidentiality determination for 40 CFR 98.406(b)(3)
to “not CBI.”
F

. Request for Comments on Proposed Category Assignments and Confidentiality
Determinations For the CBI component of this rulemaking, we are soliciting comment on the following specific issues. We specifically seek comment on the proposed data category assignment for each of the new and substantially revised data elements in the proposed amendments, for the existing data elements in subparts I, Z, MM, PP, and RR for which no determination was previously made, and the two data elements in subpart NN for which we are revising the prior confidentiality determination.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 172 of 290 If you believe that the EPA has improperly assigned certain new, substantially revised, or existing data elements in these subparts to any of the data categories established in the 201 1 Final CBI Rule, please provide specific comments identifying which of the data elements may be wrongly assigned along with a detailed explanation of why you believe them to be incorrectly assigned and in which data category you believe they belong. In ad dition, 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 wheth er such data element does or does not qualify as CBI. We also seek comment on the proposed confidentiality status of the new, substantially revised, or existing data elements in the direct emitter data categories “Unit/Process ‘Operating’ Characteristics t hat Are Not Inputs to Emission Equations” and “Unit/Process ‘Static’ Characteristics that Are Not Inputs to Emission Equations” and the supplier data categories “Production/Throughput Quantities and Composition” and “Unit/Process Operating Characteristics

. ” By proposing confidentiality determinations prior to data reporting through this proposal and rulemaking process, we provide potential reporters an opportunity to submit comments, particularly comments identifying data they consider sensitive and their rationales and supporting documentation. This opportunity to submit comments is the same opportunity that is afforded to submitters of information in case

- by

- case confidentiality determinations. In addition, it provides an opportunity to rebut the agency’s proposed determinations prior to finalization. We will evaluate the comments on our proposed determinations, including claims of confidentiality and information substantiating such claims, before finalizing the confidentiality determinations. Please note that this will be reporters’ only opportunity to substantiate a confidentiality claim.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 173 of 290 Upon finalizing the confidentiality determinations of the data elements identified in this rule, the EPA will release or withhold these data in accordance with 40 CFR 2. 301, which contains special provisions governing the treatment of Part 98 data for which confidentiality determinations have been made through rulemaking. When submitting comments regarding the confidentiality determinations we are proposing in this action , please identify each individual proposed new , revised , or existing 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 c ause 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 sp ecific data elements in question. Data that are already available through other sources would likely be found not to qualify for CBI protection. In your comments, please identify the manner and location in which each specific data element you identify is p ublicly 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 Inter national Standard Book Number (ISBN) or other identifier. For data published on a website, provide the address of the website, the date you last visited the website and identify the website publisher and content author. If your concern is that competitors could use a particular data element to discern sensitive information, specifically describe the pathway by which this could occur and explain how the discerned information would negatively affect your competitive position. Describe any unique
process or as pect of your facility that would be revealed if the particular proposed new or revisedDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 174 of 290 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 ava ilable 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 a nd unsubstantiated statements, or general assertions regarding potential harm. Please be as specific as possible and include all information necessary for the EPA to evaluate your comments. V. Impacts of the Proposed Amendments
T he EPA is proposing amendme nts to Part 98 that would streamline and improve implementation of the rule, improve the quality and consistency of the data collected under the rule, and clarify certain provisions . The proposed r evisions are anticipated to increase burden in cases where the proposed amendments would expand current applicability, monitoring, or reporting, and are anticipated to decrease burden in cases where the proposed amendments would streamline Part 98 to remove notification or reporting requirements or simplify the da ta that must be reported. For most subparts, we are proposing both revisions that would result in an increase in burden and revisions that would result in a decrease in burden. In several cases, we are proposing changes where we anticipate a decrease in burden , but are unable to quantify this decrease

. This conservative approach means that the impacts for this proposed rule generally reflect an increase in burden for most subparts. For example, as discussed in section II.C and II.K of this preamble, we ar e proposing amendments to add new reporting requirements to subpart E and subpart V to improve the quality of the data collected under the rule, as well as a mendments that would streamline the rule by conditionally removing the annual approval request for an alternat iv e method for determining N 2 O emissions currently required by reporter s and the annualDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 175 of 290 request approval by the EPA. The proposed changes for the annual approval request are anticipated to add flexibility for reporters and reduce the burden for subpart E and subpart V reporters using the alternative method

. Additionally, we anticipate that the EPA burden required to review and approve the alternative methods would also be reduced

. However, because the proposed changes would apply to an optional c alculation method and are not required for compliance with Part 98, we have not included this reduction in burden in our analysis, and have only quantified the increase in burden associated with the proposed new reporting requirements. As discussed in sect ion I.E of this preamble, we are proposing to implement these changes over reporting years 2016, 2017, and 2018 in order to stagger the implementation of these changes over time and provide time for needed software revisions

. The burden has subsequently be en determined based on when the proposed revisions would be implemented in each year ( e.g. , the burden for RY2016 only reflects changes to subparts I (Electronics Manufacturing) and HH (Municipal Solid Waste Landfills), and related changes to subpart A (Ge neral Provisions)). One

- time implementation costs would apply for certain revisions to applicability and monitoring provisions that would be finalized in RY2017 and RY2018; therefore, to determine the total annual burden that will be incurred by industry once all revisions are implemented , we have estimated costs through RY2019 to reflect the subsequent year costs incurred by industry . The incremental implementation costs for all subparts for each reporting year are summarized in Table 9 of this preamble. The estimated incremental burden is $ 4,552, 385 2,049,478 for all proposed revisions implemented between RY2016 through R Y2018, including $9,359 from revisions implemented in RY2016 , $ 33,782 from revisions implemented
in RY2017 , and $ 4,509,244 2,006,337 from revisions implemented in RY2018 . The estimated annual burden is $ 3, 58 4 , 737 1,081,830 per year following implementation of all changes

. TheDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 176 of 290 incremental burden by subpart is shown in Table 10 of this preamble. One

- time implementation costs are incorpora ted into first year costs, while subsequent year costs represent the annual burden that will be incurred in total by all impacted reporters.
Table 9 . Incremental Burden for Reporting Years 2016
- 2019 ($/year) Cost Summary 2016 2017 2018 2019 First Year Costs $9,359 a $ 4,379,195 a 25,6 50 $ 121,719 1,972,55 5 b ,c -- Subsequent Year Annual Costs for Changes Implemented in: 2016

-- $ 9,359 8,132 $ 9,359 8,132 $9,359 a 2017

-- -- $ 3,770,300 25,650 $ 3,770,300 25,650 2018

-- -- -- $ 94,975 1,046,821 Total Costs by Year (all subparts) $9,359 $ 4,388,553 33,78 2 $ 3,901,378 2,006,3 37 $ 3, 874,634 1,081,8 30 a

a Includes annual labor costs of $1,226 for reporting additional data elements for subpart I for a triennial report submitted once every three years

. a b Includes one

- time implementation costs for new monitoring under subpart FF. b c Includes one

- time implementation costs for new reporters under subpart s V and OO

.

Table 10 . Incremental Burden by Subpart ($2011)

Subpart Costs for Additional Reporters Costs for Revisions to Reporting Costs For Revisions to Monitoring Provisions Total Cost First
Year Subsequ ent
- Year First
Year Subsequ ent
- Year First
- Year Subsequen t
- Year First
- Year Subseque nt
- Year Changes Implemented in RY2016 I $0 $0 $ 1,226 $ 1,226 0 a $0 $0 $ 1,226 $ 0 a 1,226 HH $0 $0 $8,132 $8,132 $0 $0 $8,132 $8,132
Total Costs for Change s Implemented in RY2016 $9,359 $ 9,359 8,13 2 Changes Implemented in RY2017 A $0 $0 $ 4,906 $ 4,906 $0 $0 $ 4,906 $ 4,906
C $0 $0 $12,13 9 $12,139 $0 $0 $12,139 $12,139 E $0 $0 $10 $10 $0 $0 $10 $10 F $0 $0 $73 $73 $0 $0 $73 $73 G $0 $0 $ 228 $ 228 $0 $0 $ 228 $ 228 N b $0 $0 $0 $0 $0 $0 $0 $0 O $0 $0 $106 $ 106 $0 $0 $106 $ 106 P b $0 $0 $0 $0 $0 $0 $0 $0 Q b $0 $0 $0 $0 $0 $0 $0 $0 S $0 $0 $744 $ 744 $0 $0 $744 $ 744 U b $0 $0 $0 $0 $0 $0 $0 $0 X $0 $0 $1,074 $1, 074 $0 $0 $1,074 $1, 074DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 177 of 290
Table 10 . Incremental Burden by Subpart ($2011)

Subpart Costs for Additional Reporters Costs for Revisions to Reporting Costs For Revisions to Monitoring Provisions Total Cost First
Year Subsequ ent
- Year First
Year Subsequ ent
- Year First
- Year Subsequen t
- Year First
- Year Subseque nt
- Year Z $0 $0 $40 $ 40 $0 $0 $40 $ 40 AA b $0 $0 $0 $0 $0 $0 $0 $0 CC $0 $0 $33 $ 33 $0 $0 $33 $ 33 DD $0 $0 $ 2,000 $ 2,000 $0 $0 $ 2,000 $ 2,000 FF $0 $0 $3,306 $152 $4,350,239 $3,741,344 $4,353,545 $3,74 4 , 650 II $0 $0 $2,562 $2,562 $0 $0 $2,562 $2,562 LL c $0 $0

- $17

- $17 $0 $0

- $17

- $17 MM b $0 $0 $0 $0 $0 $0 $0 $0 NN $0 $0 $1,752 $1,752 $0 $0 $1,752 $1,752 PP b $0 $0 $0 $0 $0 $0 $0 $0 RR d $0 $0 $0 $0 $0 $0 $0 $0 TT b $0 $0 $0 $0 $0 $0 $0 $0 UU b $0 $0 $0 $0 $0 $0 $0 $0 Total Costs for Changes Implemented in RY2017 $ 4,379,195 25,650 $ 3,770,300 25,650 Changes Implemented in RY2018
V $83,5 44 $66,403 $ 116 1 2 9 $ 116 129 $0 $0 $83, 659 6 7 3 $ 66, 518 53 1 Y $0 $0 $1,448 $ 1,448 $0 $0 $1,448 $ 1,448 FF $0 $0 $ 2,066 $ 2,066 $ 1,848,571 $ 949,582 $ 1,850,638 $ 951,648
OO $36,2 15 $26,612 $ 397 58 2 $ 397 582 $0 $0 $36, 612 79 7 $27, 009 19 4 Total Costs for Changes Implemented in RY2018 $ 121,719 1, 972,555 $ 94,975 1,0 46,821
Total (All Subparts) $119, 759 $93,015 $ 40,27 5 39,23 4 $ 40,275 3 8,007 $ 4 , 350 , 239 1 ,848,571 $ 3,741,344 949,582 $ 4,51 0 , 273 2,006,337 $ 3, 87 4 , 634 1,081,830

a Costs for subpart I include new data elements related to the triennial technology report required by §98.96(y). The first rep ort must be submitted with RY2016 reports on March 31, 2017 and every three years thereafter. For the purposes of estimating burden for , the annual costs associated with the data elements were included in the total incremental estimates for RY2016 and RY2019 (see Table 9 of this preamble) and not for RY20 17 or RY2018. b The proposed changes to this subpart include only minor revisions, clarifications, and corrections that have no impact on the burden to reporters.
c This entry is a negative value because certain reporting requirements were removed from sub part LL and no new reporting requirements were added for the subpart, resulting in a net cost savings for this source category. d There is no increase in costs under subpart RR ( Geologic Sequestration of Carbon Dioxide ) because there are no facilities curr ently reporting, or projected to report, under this source category in the next three years. A full discussion of the impacts may be found in the memorandum, “ Assessment of Burden Impacts of 2015 Revisions to the Greenhouse Gas Reporting Rule, ” available in Docket
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.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 178 of 290 A. How w as the incremental burden of the proposed rule estimated? The estimated incremental change in burden from the proposed amendments to Part 98 include burden associated with: 1) c hange s to the report ing requirements by adding, revising, or removing existing reporting requirements (21 subparts) ; 2) r evis ions to the applicability of subparts such that additional facilities would be required to report un der Part 98 (subparts V and OO); and 3) additional monitoring requirements (subpart FF).
1. Burden Associated with the Revision of Reporting Requirements Section III of this preamble describes proposed amendments to each subpart of Part 98 that improve the quality and accuracy of the data collected under t he GHGRP, improve verification of collected data, and provide additional data to help improve estimates included in the U.S. GHG Inventory. In general, these proposed amendments would add reporting requirements or revise existing reporting requirements to collect more detailed facility data. The proposed amendments would collectively add or revise data elements in 21 subparts of Part 98 , including 9 7 data elements that were not previously required to be collected

. With the exception of revisions to subpart FF (Underground Coal Mines) , t he collection of these new and revised data elements would not add new monitoring requirements, and would not substantially affect the type of information that must be collected. For all of these additional data elements, the EPA has estimated a nominal additional cost to report the data element and fulfill the recordkeeping requirements. The EPA is also proposing to remove 1 8 data elements in subparts O, Y, DD, HH, and LL. For these d ata elements , the EPA has estimated a nominal reduction in cost , since reporters would no longer be required to report the data element. The total incremental cost s from the addition, revision, and removal of these reporting requirements are anticipated at $ 4 0 , 2 7 5 39,234 annually ($2011)

. This includes $9,359 from revisions implemented in RY2016,DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 17 9 of 290 $ 28 25 , 965 650 from revisions first implemented in RY2017, and $ 1,960 4, 225 from revisions first implemented in RY2018. For subpart I, the new data elements in the proposed rule pertain to the triennial technology report required under 40 CFR 98.96(y), which must first be submitted with RY2016 reports on or before March 31, 2017 and every three years thereafter. For the purposes of estimating burden, the annual burden and costs associated with the se data elements ($1,226) would apply in RY2016 only

. F or RY2017 and RY2018, the estimated burden and incremental cost associated with reporting the new, revised, and removed data elements for all affected source categori es is $ 33,782 and $38,007, respectively

. All costs to the regulated industry resulting from changes to the reporting requirements for the GHGRP are labor costs ( i.e. , the cost of labor by facility staff to meet the rule’s information collection requiremen ts). For each subpart, the EPA determined the incremental change in annual hourly labor estimates by multiplying the number of data elements that were added, revised, or removed in each subpart by the number of hours requi red to review each data element an d the number of affected reporters for each subpart

. Where data elements were removed in subparts O , Y, DD, HH, and LL, a reduction in the annual hourly labor estimate was assumed. L abor costs were applied to the total annual hour estimates for each labor category to obtain the total costs for each subpart.
2. Burden Associated with Revisions that Affect Applicability
T he EPA is proposing revisions that would affect the applicability of two subparts of Part
98: subpart V (Nitric Acid Production) and subpart OO (Suppliers of Industrial Greenhouse Gases). The proposed changes would apply beginning in RY2018. T hese proposed changes are anticipated to require reporting for f our additional reporters under subpart V , and five to ten additional reporters under subp art OO. ( For the purposes of estimating burden, an average ofDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 180 of 290 eight additional reporters were assumed to be required to report under subpart OO of Part 98 )

. The majority of facilities within these industries already report under Part 98; specifically, all four of the affected reporters under subpart V already submit annual reports. The total incremental burden from changes to applicability is $119, 759 in the first year and $93, 015 in subsequent years ($2011)

. The incremental burden for the additional report ers for subpart V includes first

- year costs of $83, 544 ($20, 866 per facility) and subsequent year costs of $66, 403 ($16,60 1 per facility). The incremental burden for the additional reporters for subpart OO includes first

- year costs of $36, 215 ($4, 527 per f acility) and subsequent year costs of $26, 612 ($3, 327 per facility). To estimate the cost impacts for additional reporters, the recent information collection request for the GHG reporting program 31 was used to obtain the first year average cost per facility that is incurred from reporting under subparts V and OO (updated to $2011) and the subsequent year burden

. These average costs per facility include la bor costs , capital costs , and operation and m aintenance costs. W e determined total reporting costs for each subpart by assigning these costs to model facilit ies that are representative of each industry sector. The total cost for each subpart was determined by multiplying the model facilit ies cost by the number of affected facilities

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. Burden Associated with Revisions to Monitoring Requirements for Underground Coal Mines As discussed in s ection III

. R

. 2 of this preamble, we are proposing changes to the monitoring require ments of subpart FF of Part 98 to remove the option to allow MSHA quarterly inspection reports to be used as a source of data for monitoring methane liberated from ventilation systems. Instead, facilities would be required to independently collect their own grab

31 See Supporting Statement Part A: Information Collection Request for the Greenhouse Gas Reporting Program (U.S. EPA, 2013).DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 181 of 290 samples or to use C EMS. The EPA is also proposing to increase the frequency of collected grab samples from quarterly to monthly. The incremental increase in costs for subpart FF reporters who would no longer have the option to use MSHA data (and would need to c ollect monthly grab samples ) are $ 48,453 28,440 per facility in the first year and $ 39 , 085 14,609 per facility in subsequent years ($2011) ; these revisions would affect the approximately 65 reporters that anticipated to use d MSHA data in their RY2014 reports annually

. The incr emental increase in costs for subpart FF reporters who are currently collecting their own grab samples and who would need to collect samples on a monthly instead of quarterly basis ( the 60 reporters that collect ed grab samples for their RY2014 reports ) are $ 20,013 per facility in the first year and subsequent years ($2011). The proposed revisions would have an industry

- wide incremental cost of $ 4,350, 239 1,848,571 in the first year and $ 3, 741, 344 949,582 in subsequent years

. The proposed changes would appl y be ginn ing in RY2017 RY2018

. The incremental costs to the regulated industry resulting from changes to the monitoring requirements for Underground Coal Mines are based on the collection of independent grab samples in ventilation air

. Currently, about 50 percent of subpart FF reporters collect quarterly gas samples. For reporters that are currently collecting quarterly data, we assum ed an increase from quarterly sampling (4 samples /year) to a monthly basis (an additional 8 samples ). For mines that currently use MSHA data, the annual incremental costs for taking grab samples was estimated as the cost of taking the samples , less the avoided cost of obtaining, interpreting and reporting MSHA data. We assumed that facilities would not instal l a CEMS as a result of the monitoring changes. The costs resulting from removing the use of MSHA quarterly data and changing the requiring facilities to collect ion frequency of quarterly grab samples from quarterly toDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 182 of 290 monthly include additional labor costs ( i.e. , the cost of labor by facility staff to meet the rule’s information collection requirements) , capital costs ( e.g. , the costs of anemometers or sample kits , for reporters that are not currently conducting sampling ), and operating and maintenance costs ( e.g. , the cost associated with gas sample analysis). Hourly labor costs were estimated based on the number of labor hours for developing the sampling methodology and purchasing the devices , and the number of hours required for sampling

. F or mines t hat already take grab samples , it wa s assumed that they have an adequate monitoring plan in place with the necessary equipment, thus there are no additional labor hours associated with developing a methodology and purchasing equipment and no additional cap ital costs.
B

. Additional Impacts of the Proposed Revisions to Part 98 In addition to amendments that would revise the existing applicability, monitoring, or reporting requirements of Part 98 , the EPA is proposing additional technical revisions and other clarifications to several subparts in Part 98 that are not anticipated to have a significant impact on burden. These include revisions discussed in section III of this preamble that are intended to streamline the rule requirem ents, including proposed revisions to clarify and revise the requirements of Part 98 in order to focus GHGRP and reporter resources on relevant data, to expand and clarify the conditions under which a facility can cease reporting, or to clarify requirement s for facilities that report very little or no emissions, and revisions that would improve the efficiency of the reporting and verification process. These changes are anticipated to minimally reduce burden for reporters. The EPA is also propos ing revision s that are intended to improve the quality of the rule but that would not impact burden, such as amending calculation methods to improve the accuracy of the emissions estimate ( e.g. , subparts I and Y); these proposed amendments wouldDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 183 of 290 increase the accuracy of reported emissions, but do not require additional monitoring or data collection by reporters, and would have no additional impact on burden

. We are proposing, for certain subparts, to amend monitoring or measurement methods to more closely align rule r equirements with different operating scenarios in the industry

. Other proposed amendments would provide flexibility for reporters and clarify reporting requirements, as described in section II.C of this preamble

. These proposed amendments are anticipated t o have no impact or minimally decrease burden for reporters. The proposed revisions also include minor amendments, corrections , and clarifications, including simple revisions of requirements such as clarifying changes to definitions, calculation methodolo gies, monitoring and quality assurance requirements, missing data procedures, and reporting requirements. These proposed changes clarify Part 98 to better reflect the EPA’s intent , and would not present any additional burden on reporters. A full discussion of the burden associated with the proposed revisions for each subpart may be found in the memorandum, “ Assessment of Burden Impacts of 2015 Revisions to the Greenhouse Gas Reporting Rule, ” available in Docket I d. No. EPA

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. VI . Statutory and Executive Order Reviews
A

. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is a significant regulatory action that was submitted to the Office of
Ma nagement and Budget (OMB) for review because the proposed amendments raise novel legal or policy issues. Any changes made in response to OMB recommendations have been documented in the docket. The EPA prepared an economic analysis of the potential costs an dDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 184 of 290 benefits associated with this action

. A copy of the analysis is available in Docket Id. No. EPA

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– 0526 and is br iefly summarized in s ection V of this preamble.
B

. Paperwork Reduction Act (PRA) The information collection activities in this prop osed rule have been submitted for approval to the OMB under the PRA. The Information Collection Request (ICR) document that the EPA prepared has been assigned EPA ICR number [ 2300

. XX 18 ] . You can find a copy of the ICR in the docket for this rule, and it is briefly summarized here. This action i s proposing to amend specific provisions in the Greenhouse Gas Reporting Rule to streamline and improve implementation of the rule, improve the quality and consistency of the data collected under the rule, and to clarify or propose minor updates to certain provisions that have been the subject of questions from reporting entities. These proposed amendments would improve the quality and consistency of the data collected, as well as improve the efficiency of the reporting process for both the EPA and reporter s. The proposed amendments are anticipated to increase burden in cases where the proposed amendments would expand current applicability, monitoring, or reporting, and are anticipated to decrease burden in cases where the proposed amendments would streamlin e Part 98 to remove notification or reporting requirements or simplify the data that must be reported. Specifically, this action proposes to amend the reporting requirements to add or revise
121 118 data elements in 2 1 subparts of Part 98. These revisions are necessary to improve the quality of the data collected under the GHGRP . The EPA is also proposing to remove 18 data elements in five subparts , which would streamline rule requirements . T his action also proposes amendments that would affect the applica bility of two subparts of Part 98: subparts V (Nitric Acid Production) and OO (Suppliers of Industrial Greenhouse Gases)

. These amendments couldDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 185 of 290 increase the number of facilities required to report under Part 98. Finally, t his action propos es to revise the monitoring requirements of subpart FF of Part 98 (Underground Coal Mines) . The proposed amendments would remove the option to allow Mine Safety and Health Administration (MSHA) quarterly inspection reports to be used as a source of data for monitoring met hane liberated from ventilation systems , and require facilities to independently collect their own grab samples or to use continuous emissions monitoring. Th e EPA is also proposing to increase the frequency of collected grab samples from quarterly to month ly

. Impacts associated with the proposed changes to the applicability, monitoring , and reporting requirements are detailed in the memorandum “ Assessment of Burden Impacts of 2015 Revisions to the Greenhouse Gas Reporting Rule ” (see Docket I d. No. EPA

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– 0526 ). Burden is defined at 5 CFR 1320.3(b). The total estimated incremental burden and cost associated with the proposed revisions is 23,456 hours and $ 2,049,478 over the 3 years covered b y the information collection. These costs include $ 9,359 in RY2016, $ 4,388,553 33,782 in RY2017, and $ 3,901,378 2,006,337 in RY2018 , averaging $ 683,159 per year over the three years , and $3, 87 4 , 6 34 in each subsequent year ($2011)

. The total estimated number of reporters affected by the proposed amendments is 8,240. The proposed frequency of response for these changes is once annually , with the exception of certain data elements for subpart I which would be submitted once every three years
. The estimated incremental costs and hour burden associated with the addition and revision of 121 118 data elements and the removal of 1 8 data elements in 21 subparts is 7 01 682 hours and $ 4 0 , 275 39,234 annually ($2011), including $9,359 from revisions first implemented in RY2016, $ 28,965 25,650 from revisions first implemented in RY2017, and $ 1,960 4, 225 from revisions first implemented in RY2018

. For subpart I, the new data elements in the proposed ruleDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 186 of 290 pertain to the triennial technology report required under 40 CFR 98.96(y), which must first be submitted with RY2016 reports on or before March 31, 2017 and every three years thereafter. For the purposes of estimating burden for the three years covered by the information collection , the annual burden and costs associated with the se data elements (21 h ou rs and $1,226) would apply for RY2016 only

. Therefore , the estimated incremental burden and cost associated with reporting the new, revised, and removed data elements for all affected source categories is 5 88 hours and $ 33,782 in RY2017, and 661 hours and $38,007 for RY2018

. The annual reporting burden associated with these changes is estimated to average 0. 10 1 7 hour per response, and the estimated nu mber of reporters affected is 7, 115 127

. The estimated incremental cost burden associated with additional reporters to subparts V and OO is $119, 759 in the first year (RY2018) and $93, 0 15 in subsequent years. The incremental burden for the additional reporters for subpart V includes first

- year costs of $83, 5 44 and subsequent year costs of $66, 40 3 . The incremental burden for the additional reporters for subpart OO includes first

- year costs of $36, 2 15 and subsequent year costs of $26, 6 12 . The estimated number of likely new res pondents that would result from these amendments is 12, including four additional reporters under subpart V, and an average of eight additional reporters for subpart OO

. The annual hourly burden for these additional reporters is based on the annual average hourly burden for existing reporters under subparts V and OO, which is 200 191 hours and 55 hours per reporter, respectively. The incremental increase in costs for subpart FF reporters from the revised monitoring requirements are $ 34 , 802 28,440 per facility in the first year ( RY2017 RY2018 ) and $ 29, 931 14,609 in subsequent years ($2011). The proposed revisions are estimated to affect 125
65 re spondents and would have an industry incremental cost of $ 1,848,571 4,350, 239 in the firstDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 187 of 290 year ( RY2017 RY2018 ) and $ 3, 741 , 344 949,582 in subsequent years. The annual hourly burden associated with these monitoring costs are 434 3 20 hours per reporter in the first year and 279
165 hours in subsequent years. An agency may not conduct or sponsor, and a person is not re quired to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for the EPA’s regulations in 40 CFR are listed in 40 CFR part 9. Submit your comments on the a gency’s need for this informat ion, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden to the EPA using the docket identified at the beginning of this rule. You may also send your ICR

related comments to OMB’s Office of Information a nd Regulatory Affairs via email to oria_submissions@omb.eop.gov, Attention: Desk Officer for the EPA. Since OMB is required to make a decision concerning the ICR between 30 and 60 days after receipt, OMB must receive comments no later than [ insert the date 30 days after publication in the Federal Register ]. The EPA will respond to any ICR

- related comments in the final rule.
C

. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA

. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small e ntities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule

. The impacts to small entities due to the revisions was evaluated for each subpart. The EPA conducted a screening assessment comparing compliance costs for revisions to reporting requirements, applicability to new reporters, and monitoring revisionsDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 188 of 290 under subparts V, FF, and OO to specific receipts data for establishments owned by small businesses in each in dustry. This ratio constitutes a “ sales ” test that computes the annualized compliance costs of this rule as a percentage of sales and determines whether the ratio exceeds 1 percent. The cost

- to

- sales ratios were constructed at the establishment level (average reporting program costs per establishment/average establishment receipts) for several business size ranges. We determined that the cost

- to

- sales ratios are less than 1 percent for all establishments in all business size ranges for subparts V, OO, and FF , except the ratio for the 1

- 19 employee size range for facilities in subpart FF was greater than 1 percent and less than 2 percent. The sales test for this size category was also exceeded in the original EIA 32 and the EPA noted that mines owned by en terprises with less than 19 employees would be unlikely to be covered by this rule. Therefore, we do not anticipate any impacts on small en tities for subpart FF reporters, and we have determined that there will not be a significant economic impact to small entities for these three subparts. For all other subparts , which are only affected by revisions for adding, revising, or removing reporting requirements, we determined that these facilities wil l experience annual impacts of approximately $ 15 1 2 1 per facil ity. Because this cost is minimal, no small entity impacts are anticipated for the remaining subparts. Although there are no small entity impacts associated with these proposed revisions, i n the development of Part 98, t he EPA took several steps to reduce the impact on small entities

. For example, the EPA determined appropriate thresholds that reduced the number of small businesses reporting

. In addition, the EPA conducted several meetings with industry associations to discuss regulatory options and the co rresponding burden on industry, such as recordkeeping and reporting. The proposed rule amendments are minor technical corrections, clarifying, and

32 U.S. EPA. Economic Impact Analysis f or the Mandatory reporting of Greenhouse Gas Emissions: Subparts T , FF, TT, and II. See Docket I d. No. EPA

- HQ

- OAR

- 2008

- 0508

- 2313. June 2010.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 189 of 290 other amendments that will not impose any new requirement on small entities that are not currently required b y the regulation of Part 98. We have therefore c oncluded that this action will have no net regulatory burden for all directly regulated small entities

. T he EPA continues to conduct significant outreach on the GHGRP and maintains an “open door” policy for stakeholders to help inform the EPA’s understanding of key issues for the industries. We continue to be interested in the potential impacts of the proposed rule amendments on small entities and welcome comments on i ssues related to such impacts.
D

. Unfunded Mandates Reform Act (UMRA) This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531

– 1538, and does not significantly or uniquely affect small governments. The a ction implements mandate(s) specifically and explicitly set forth in CAA section 114(a)(1) without the exercise of any policy discretion by the EPA.
E

. Executive Order 13132: Federalism This action does not have federalism implications. It will not have s ubstantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.
F

. Executive Order 13175: Consultation and Coordinatio n with Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. The proposed rule amendments would not result in any changes to the requirements that are not currently required for 40 CFR part 98

. Thus, Executive Order 13175 does not apply to this action

. Consistent with the EPA Policy on Consultation and Coordination with Indian Tribes, the EPA consulted with tribal officials during the development of the rules for Part 98 . A summaryDRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 190 of 290 of that consultatio n is provided in section s VIII.E and VIII.F of the preamble to the October 30, 2009 final GHG reporting rule.
G

. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as appl ying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2

- 202 of the Executive Order. Th is action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk.
H

. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use This action is not a “significant ene rgy action” because it is not likely to have a significant adverse effect on the supply, distribution or use of energy. Part 98 relates to monitoring, reporting, and recordkeeping and does not impact energy supply, distribution, or use. This final rule ame nds monitoring, calculation, and reporting requirements for the GHGRP. In addition, the EPA is propos ing confide ntiality determinations for new and revised data elements
propos ed in this rulemaking and for certain existing data elements for which a confide ntiality determination has not previously been proposed, or where the EPA has determined that the current determination is no longer appropriate . These proposed amendments and confidentiality determinations do not make any changes to the existing monitorin g, calculation, and reporting requirements under Part 98 that affect the supply, distribution, or use of energy.
I

. National Technology Transfer and Advancement Act This rulemaking does not involve technical standards.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 191 of 290 J

. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low

- Income Populations The EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environ mental effects on minority, low

- income or indigenous populations because it does not affect the level of protection provided to h uman health or the environment because it is a rule addressing information collection and reporting procedures.2015 Revisions and Confidentiality Determinations for Data Elements Under the Greenhouse Gas Reporting Rule Page 192 of 290 List of Subjects
40 CFR Part 98 Environmental protection, Administrative practice and procedure, Greenhouse gases, Incorporation by reference, Suppliers, Reporting and recordkeeping requirements.

Dated:

Gina McCarthy , Administrator.DRAFT DELIBERATIVE

– Do note cite, quote, copy, or distribute Page 193 of 290 For the reasons stated in the preamble, the Environmental Protection Agency proposes to amend title 40, chapter I, of the Code of Federal Regulations as follows:
PART 98

— MANDATORY GREENHOUSE GAS REPORTING
1. The authority citation for part 98 continues to re ad as follows: Authority: 42 U.S.C. 7401, et seq. Subpart A

— General Provision
2. Section 98.2 is amended by: a. Revising paragraph (a)(1); b. Revising paragraph (i)(1) through (i) (3); and c. Adding paragraphs (i)(4) through (i) ( 6 ). The revisions and additions read as follows: § 98.2 Who must report? (a) * * * (1) A facility that contains any source category that is listed in Table A

- 3 of this subpart. For these facilities, the annual GHG report must cover stationary fuel combustion sources (subpart C of this p art), miscellaneous use of carbonates (subpart U of this part), and all applicable source categories listed in Table A

- 3 and Table A

- 4 of this subpart.

* * * * * (i) * * * (1) If reported emissions are less than 25,000 metric tons CO 2 e per year for five consecutive years, then the owner or operator may discontinue complying with this part provided that the owner or operator submits a notification to the Administrator that announces the cessation of reporting and explains the reasons fo r the reduction in emissions. The notificationDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 194 of 290 shall be submitted no later than March 31 of the year immediately following the fifth consecutive year of emissions less than 25,000 tons CO 2 e per year. The owner or operator must maintain the corresponding re cords required under § 98.3(g) for each of the five consecutive years prior to notification of discontinuation of reporting and retain such records for three years following the year that reporting was discontinued. The owner or operator must resume report ing if annual emissions in any future calendar year increase to 25,000 metric tons CO 2 e per year or more. (2) If reported emissions are less than 15,000 metric tons CO 2 e per year for three consecutive years, then the owner or operator may discontinue compl ying with this part provided that the owner or operator submits a notification to the Administrator that announces the cessation of reporting and explains the reasons for the reduction in emissions. The notification shall be submitted no later than March 3 1 of the year immediately following the third consecutive year of emissions less than 15,000 tons CO 2 e per year. The owner or operator must maintain the corresponding records required under § 98.3(g) for each of the three consecutive years and retain such records for three years prior to notification of discontinuation of reporting following the year that reporting was discontinued. The owner or operator must resume reporting if annual emissions in any future calendar year increase to 25,000 metric tons CO 2 e per year or

more. (3) If the operations of a facility or supplier are changed such that all applicable processes and operations subject to paragraphs (a)(1) through (4) of this section cease to operate, then the owner or operator may discontinue complyin g with this part for the reporting years following the year in which cessation of such operations occurs, provided that the owner or operator submits a notification to the Administrator that announces the cessation of reporting and certifies to the closur e of all applicable processes and operations no later than March 31 of the yearDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 195 of 290 following such changes. If one or more processes or operations subject to paragraphs (a)(1) through (4) of this section at a facility or supplier cease to operate, but not all applicable processes or operations cease to operate, then the owner or operator is exempt from reporting for any such processes or operations in the reporting years following the reporting year in which cessation of the process or operation occurs, provide d that the owner or operator submits a notification to the Administrator that announces the cessation of reporting for the process or operation no later than March 31 of the year following such changes. This paragraph (i)(3) does not apply to seasonal or o ther temporary cessation of operations. This paragraph (i)(3) does not apply to facilities with municipal solid waste landfills or industrial waste landfills, or to underground coal mines except those with abandoned status as determined by the U.S. Mine
Sa fety & Health Administration . The owner or operator must resume reporting for any future calendar year during which any of the GHG

- emitting processes or operations resume operation. (4) The provisions of paragraphs (i)(1) and (2) of this section apply to s uppliers subject to subparts LL through QQ of this part by substituting the term "quantity of GHG supplied" for "emissions." For suppliers, the provisions of paragraphs (i)(1) and (2) of this section apply individually to each importer and exporter and individually to each petroleum refinery, fractionator of natural gas liquids, local natural gas distribution company, and producer of CO 2 , N 2 O, or fluorinated greenhouse gases (e.g., a supplier of industrial greenhouse gases might qualify to discontin ue reporting as an exporter of industrial greenhouse gases but still be required to report as an importer; or a company might qualify to discontinue reporting as a supplier of industrial greenhouse gases under subpart OO but still be required to report as a supplier of carbon dioxide under subpart PP).DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 196 of 290 (5) If the operations of a facility or supplier are changed such that a process or operation no longer meets the "Definition of Source Category" as specified in an applicable subpart, then the owner or operat or may discontinue complying with any such subpart for the reporting years following the year in which change occurs, provided that the owner or operator submits a notification to the Administrator that announces the cessation of reporting for the process or operation no later than March 31 of the year following such changes. The owner or operator
must resume complying with this part for the process or operation starting in any future calendar year during which the process or operation meets the "Definition of Source Category" as specified in an applicable subpart. (6) If an entire facility or supplier is merged into another facility or supplier that is already reporting GHG data under this part, then the owner or operator may discontinue complying with this part for the facility or supplier, provided that the owner or operator submits a notification to the Administrator that announces the discontinuation of reporting and the e

GGRT identification number of the reconstituted facility no later than March 31 of the year following such changes.

* * * * *
3. Section 98.3 is amended by: a. Revising paragraph (c)(4)(iii) introductory text; b. Adding paragraph (c)(4)(iii)(G); and c. Revising paragraphs (c)(5)(ii) , (c) (8) , (d)(1)(i) , and (h)(4). The revisions and additi ons read as follows: § 98.3 What are the general monitoring, reporting, recordkeeping and verification requirements of this part?DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 197 of 290

* * * * * (c) * * * (4) * * * (iii) Annual emissions from each applicable source category, expressed in metric tons of each ap plicable GHG listed in paragraphs (c)(4)(iii)(A) through (c)(4)(iii)(F) of this section.

* * * * * (G) For each reported fluorinated GHG and fluorinated heat transfer fluid, report the following identifying information: (1) Chemical name. If the chemical i s not listed in Table A

- 1 of this subpart, then use the method of naming organic chemical compounds as recommended by the International Union of Pure and Applied Chemistry (IUPAC). (2) The CAS registry number assigned by the Chemical Abstracts Registry Se rvice. If a CAS registry number is not assigned or is not associated with a single fluorinated GHG or fluorinated heat transfer fluid, then report an identification number assigned by EPA’s Substance Registry Services. (3) Linear c hemical formula.

* * * * * (5) * * * (ii) Quantity of each GHG from each applicable supply category in Table A

- 5 to this subpart, expressed in metric tons of each GHG. For each reported fluorinated GHG, report the following identifying information:DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 198 of 290 (A ) Chemical name. If the chemical is not listed in Table A

- 1 of this subpart, then use the method of naming organic chemical compounds as recommended by the International Union of Pure and Applied Chemistry (IUPAC). (B ) The CAS registry number assigned by t he Chemical Abstracts Registry Service. If a CAS registry number is not assigned or is not associated with a single fluorinated GHG, then report an identification number assigned by EPA’s Substance Registry Services. (C) Linear c hemical formula.

* * * * * (8) Each parameter for which a missing data procedure was used according to the procedures of an applicable subpart and the total number of hours in the year that a missing data procedure was used for each parameter

. Parameters include not only reported da ta elements, but any data element required for monitoring and calculating emissions.

* * * * * (d) * * * (1) * * * (i) Monitoring methods currently used by the facility that do not meet the specifications of a relevant subpart.

* * * * * (h) * * * (4) Not withstanding paragraphs (h)(1) and (2) of this section, upon request by the owner or operator, the Administrator may provide reasonable extensions of the 45

- day period for submission of the revised report or information under paragraphs (h)(1) and (2) of t his section. If the Administrator receives a request for extension of the 45

- day period, by email to an addressDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 199 of 290 prescribed by the Administrator prior to the expiration of the 45

- day period, the extension request is deemed to be automatically granted for 30 days. The Administrator may grant an additional extension beyond the automatic 30

- day extension if the owner or operator submits a request for an additional extension and the request is received by the Administrator prior to the expiration of the automati c 30

- day extension, provided the request demonstrates that it is not practicable to submit a revised report or information under paragraphs (h)(1) and (2) within 75 days. The Administrator will approve the extension request if the request demonstrates to t he Administrator's satisfaction that it is not practicable to collect and process the data needed to resolve potential reporting errors identified pursuant to paragraphs (h)(1) or (2) of this section within 75 days.

* * * * *
4. Section 98.4 is amended by adding paragraph (i)(6) to read as follows: § 98.4 Authorization and responsibilities of the designated representative.

* * * * * (i) * * * (6) A list of the subparts that the owners and operators anticipate will be included in the annual GHG report. The l ist of potentially applicable subparts is required only for an initial certificate of representation that is submitted after [date of publication of the final rule in the Federal Register] (i.e., for a facility or supplier that previously was not registere d under this part). The list of subparts is not required for a revised COR.

* * * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 200 of 290 5. Section 98.6 is amended by revising the definitions for “Gas collection system or landfill gas collection system” and “ Ventilation hole or shaft” and adding a definitio n for “Reporting year” in alphabetical order to read as follows: § 98.6 Definitions.

* * * * * Gas collection system or landfill gas collection system means a system of pipes used to collect landfill gas from different locations in the landfill by means of a fan or similar mechanical draft equipment (forced convection) to a single location for treatment (thermal destruction) or use. Landfill gas collection systems may also include knock

- out or separator drums and/or a compressor. A single landfill may have multiple gas collection systems. Landfill gas collection systems do not include “passive” systems, whereby landfill gas flows naturally (without forced convection) to the surface of the landfill where an opening or pipe (vent) is installed to allow for the flow of landfill gas to the atmosphere or to a remote flare installed to combust landfill gas that is passively emitted from the vent. Landfill gas collection systems also do not include “active venting” systems, whereby landfill gas is conveyed to the s urface of the landfill using forced convection, but the landfill gas is never recovered or thermally destroyed prior to release to the atmosphere

.

* * * * * Reporting year means the calendar year during which the GHG data are required to be collected for purposes of the annual GHG report. For example, reporting year 2014 is January 1, 2014 through December 31 , 2014, and the annual report for reporting year 2014 is submitted to EPA on March 31, 2015

.

* * * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 201 of 290 Ventilation hole or shaft means a vent hole , shaft , mine portal, adit or other mine entrance or exits employed at an underground coal mine to serve as the outlet or conduit to move air from the ventilation system out of the mine

.

* * * * *
6. Section 98.7 is amended by revising paragraph s (e)(33) and (l)(1) to read as follows: § 98.7 What standardized methods are incorporated by reference into this part?

* * * * * ( e ) * * * (33) ASTM D6866

- 12 Standard Test Methods for Determining the Biobased Content of Solid, Liquid, and Gaseous Samples Using Radioc arbon Analysis, IBR approved for § 98. 34(d), § 98. 34(e), and § 98. 36(e).

* * * * * (l) * * * (1) Coal Mine Safety and Health General Inspection Procedures Handbook , Handbook Number: PH 13

- V

- 1, February 2013 , IBR approved for § 98. 324(b)

.

* * * * *
7. Table A

- 3 to Subpart A of Part 98 is amended by revis ing the rows “Source Categories a Applicable in 2010 and Future Years” and “ Additional Source Categories a Applicable in 2011 and Future Years ” to read as follows:
Table A
- 3 to Subpart A of Part 98

— Source Category List for §98.2(a)(1) Source Categories a Applicable in Reporting Year 2010 and Future Years

* * * * * * * Additional Source Categories a Applicable in Reporting Year 2011 and Future Years

* * * * * * * * * * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 202 of 290 8. Table A

- 4 to Subpart A of Part 98 is amended by revis ing the rows “Source Categories a Applicable in 2010 and Future Years” and “ Additional Source Categories a Applicable in 2011 and Future Years ” to read as follows:
Table A
- 4 to Subpart A

— Source Category List for §98.2(a)(2) Source Categories a Applicable in Reporting Year 2010 and Future Years

* * * * * * * Additional Source Categories a Applicable in Reporting Year 2011 and Future Years

* * * * * * * * * * * *
9. Table A

- 5 to Subpart A of Part 98 is amended by:
a. R evis ing the row “Source Categories a Applicable in 2010 and Future Years”; b. Revising the rows associated with “ Industrial greenhouse gas suppliers (subpart OO) ”; and c. Revising the row “ Additional Source Categories a Applicable in 2011 and Future
Years .” The revisions read as fo llows:
Table A
- 5 to Subpart A

— Supplier Category List for §98.2(a)(4) Supplier Categories a Applicable in Reporting Year 2010 and Future Years

* * * * * * * Industrial greenhouse gas suppliers (subpart OO): (A) All producers of industrial greenhouse gases and fluorinated heat transfer fluids

. (B) Importers of industrial greenhouse gases and fluorinated heat transfer fluids with annual bulk imports of N 2 O, fluorinated GHG, fluorinated heat transfer fluids, and CO 2 that in combination are equivalent to 25,000 metric tons CO 2 e or more. (C) Exporters of industrial greenhouse gases with annual bulk exports of N 2 O, fluorinated GHG, fluorinated heat transfer fluids, and CO 2 that in combination are equivalent to 25,000 m etric tons CO 2 e or more. (D) Fa cilities that destroy 25,000 mtCO 2 e or more of fluorinated GHGs or fluorinated heat transfer fluids annually

. * * * * * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 203 of 290 Additional Supplier Categories Applicable a in Reporting Year 2011 and Future Years

* * * * * * * * * * * *
Subpart C

— General Stationary Fuel Combustion Sources
10. Section 98.33 is amended by revising parameters “(HHV) I , ” “(Fuel) I ,” and “n” of Equation C

- 2b in paragraph (a)(2)(ii)(A) and revising paragraphs (a)(5)(i)(C), (a)(5)(ii)(C), and (a)(5)(iii)(C) to read as follows: § 98.33 Calculating GHG emissions.

* * * * * (a) * * * (2) * * * (ii) * * * (A) * * *

* * * * * (H HV) I = Measured high heat value of the fuel, for sample period “i” (which may be the arithmetic average of multiple determinations), or, if applicable, an appropriate substitute data value (mmBtu per mass or volume). (Fuel) I = Mass or volume of the fuel combusted during the sample period “i,” (e.g., monthly, quarterly, semi

- annually, or by lot) from company records (express mass in short tons for solid fuel, volume in standard cubic feet (e.g., for gaseous fuel, and volume in gallons for liquid fuel).

n = Number of sample periods in the year.

* * * * * (5) * * * (i) * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 204 of 290 (C) Divide the cumulative annual CO 2 mass emissions value by 1.1023 to convert it to metric tons.

* * * * * (ii) * * * (C) Divide the cumulative annual CO 2 mass emissions value by 1.1023 to convert it to metric tons. (iii) * * * (C) Divide the cumulative annual CO 2 mass emissions value by 1.1023 to convert it to metric tons.

* * * * *
11. Section 98.3 4 is amended by revising paragraphs ( d ) and (e) to read as follows: §98.34 Monitoring and QA/ QC requirements.

* * * * * (d) Except as otherwise provided in §98.33 (b)(1)(vi) and (b)(1)(vii), when municipal solid waste (MSW) is either the primary fuel combusted in a unit or the only fuel with a biogenic component combusted in the unit, determine th e biogenic portion of the CO 2 emissions using
ASTM D6866

- 12 Standard Test Methods for Determining the Biobased Content of Solid, Liquid, and Gaseous Samples Using Radiocarbon Analysis (incorporated by reference, see §98.7) and ASTM D7459

- 08 Standard Practi ce for Collection of Integrated Samples for the Speciation of Biomass (Biogenic) and Fossil

- Derived Carbon Dioxide Emitted from Stationary Emissions Sources (incorporated by reference, see §98.7). Perform the ASTM D7459

- 08 sampling and the ASTM D6866

- 12 an alysis at least once in every calendar quarter in which MSW is combusted in the unit. Collect each gas sample during normal unit operating conditionsDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 205 of 290 for at least 24 total (not necessarily consecutive) hours, or longer if the facility deems it necessary to obtain a representative sample. Notwithstanding this requirement, if the types of fuels combusted and their relative proportions are consistent throughout the year, the minimum required sampling time may be reduced to 8 hours if at least two 8

- hour sample s and one 24

- hour sample are collected under normal operating conditions, and arithmetic average of the biogenic fraction of the flue gas from the 8

- hour samples (expressed as a decimal) is within ±5 percent of the biogenic fraction from the 24

- hour test. There must be no overlapping of the 8

- hour and 24

- hour test periods. Document the results of the demonstration in the unit's monitoring plan. If the types of fuels and their relative proportions are not consistent throughout the year, an optional sampling approach that facilities may wish to consider to obtain a more representative sample is to collect an integrated sample by extracting a small amount of flue gas ( e.g., 1 to 5 cc) in each unit operating hour during the quarter. Separate the total annual CO 2 emissions into the biogenic and non

- biogenic fractions using the average proportion of biogenic emissions of all samples analyzed during the reporting year. Express the results as a decimal fraction ( e.g., 0.30, if 30 percent of the CO 2 is biogenic). When MSW is the primary fuel for multiple units at the facility, and the units are fed from a common fuel source, testing at only one of the units is sufficient. (e) For other units that combust combinations of biomass fuel(s) (or heterogene ous fuels that have a biomass component, e.g., tires) and fossil (or other non

- biogenic) fuel(s), in any proportions, ASTM D6866

- 12 (incorporated by reference, see §98.7) and ASTM D7459

- 08 (incorporated by reference, see §98.7) may be used to determine the biogenic portion of the CO 2 emissions in every calendar quarter in which biomass and non

- biogenic fuels are co

- fired in the unit. Follow the procedures in paragraph (d) of this section. If the primary fuel for multiple unitsDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 206 of 290 at the facility consists of ti res, and the units are fed from a common fuel source, testing at only one of the units is sufficient.

* * * * *
11. 12. Section 98.36 is amended by revising paragraphs (c)( 1 )(ii i ) , (c)( 3 )(ii) , and (e)(2)(i) , (e)(2)(x) introductory text, and (e)(2)(xi) to read as f ollows: § 98.36 Data reporting requirements.

* * * * * (c) * * * (1) * * * (iii) Cumulative maximum rated heat input capacity of the group (mmBtu/hr). The cumulative maximum rated heat input capacity shall be determined as the sum of the maximum rated hea t input capacities for all units in the group, excluding units less than 10 (mmBtu/hr).

* * * * * (3) * * * (ii) Cumulative maximum rated heat input capacity of the units served by the common pipe (mmBtu/hr). The cumulative maximum rated heat input capacity shall be determined as the sum of the maximum rated heat input capacities for all units served by the common pipe, excluding units less than 10 (mmBtu/hr).

* * * * * (e) * * * (2) * * * (i) For the Tier 1 Calculation Methodology, report:DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 207 of 290 (A) The t otal quantity of each type of fuel combusted in the unit or group of aggregated units (as applicable) during the reporting year, in short tons for solid fuels, gallons for liquid fuels and standard cubic feet for gaseous fuels, or, if applicable, therms or mmBtu for natural
gas. (B) If applicable, the moisture content used to calculate the wood and wood residuals wet basis HHV for use in Equations C

- 1 and C

- 8, in percent.

* * * * * (x) When ASTM methods D7459

- 08 (incorporated by reference, see §98.7) and D 6866

- 12 (incorporated by reference, see §98.7) are used to determine the biogenic portion of the annual CO 2 emissions from MSW combustion, as described in §98.34(d), report:

* * * * * (xi) When ASTM methods D7459

- 08 (incorporated by reference, see §98.7) and D6866

- 12 (incorporated by reference, see §98.7) are used in accordance with §98.34(e) to determine the biogenic portion of the annual CO 2 emissions from a unit that co

- fires biogenic fuels (or partly

biogenic fuels, including tires if you are electing to report biogenic CO 2 emissions from tire combustion) and non

- biogenic fuels, you shall report the results of each quarterly sample analysis, expressed as a decimal fraction ( e.g., if the biogenic fraction of the CO 2 emissions is 30 percent, report 0.30).

* * * * *
12. 13. Section 98.37 is amended by revising paragraph (a) and adding paragraph (b)(37) to read as follows: § 98.37 Records that must be retained.

* * * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 208 of 290 (a) The applicable records specified in §§ 98.34(f), 98.35(b), and 98.36(e).

* * * * * (b) * * * (37) Moisture content used to calculate the wood and wood residuals wet basis HHV (percent), if applicable (Equations C

- 1 and C

- 8).
13. 14. Table C

- 1 to Subpart C of Part 98 is amended by:
a. R evis ing the row “ Petroleum products ”; b. Removing the row “Petroleum C oke” under “Petroleum products”; c. Adding rows for “ Petroleum products

— solid ” and “ Petroleum products

— gaseous ” to follow the row for “Crude Oil

. ” d. Removing the row “Petroleum Coke” under “Other fuels

— solid”; and

e. Removing the row “P ropane Gas ” under “Other fuels

— gaseous
. ”
14. 15. The revisions, deletions, and additions read as follows:
Table C
- 1 to Subpart C of Part 98

— Default CO 2 Emission Factors and High Heat Values for Various Types of Fuel Default CO 2 Emission Factors and High Heat Values for Various Typ es of Fuel

Fuel type Default high heat value Default CO 2 emission

factor

* * * * * * * Petroleum products

— liquid mmBtu/gallon kg CO 2 /mmBtu

* * * * * * * Petroleum products

— solid mmBtu/short ton kg CO 2 /mmBtu Petroleum Coke 30.00 102.41 Petroleum products

— gaseous mmBtu/scf kg CO 2 /mmBtu Propane Gas 2.516 × 10 −3 61.46

* * * * * * * * * * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 209 of 290 15. 16. Table C

- 2 to Subpart C of Part 98 is amended by r evis ing the rows “ Petroleum (All fuel types in Table C

- 1) ” and “Municipal Solid Waste” and removing the row “Tires” to read as follows:
Table C
- 2 to Subpart C of Part 98

— Default CH 4 and N 2 O Emission Factors for Various Types of Fuel
Fuel type Default CH 4 emission factor (kg CH 4 /mmBtu) Default N 2 O emission factor (kg N 2 O/mmBtu)

* * * * * * * Petroleum Products (All fuel types in Table C

- 1) 3.0 × 10 −03 6.0 × 10 −04

* * * * * * * Other Fuels

— Solid 3.2 × 10 −02 4.2 × 10 −03

* * * * * * * * * * * *
Subpart E

— Adipic Acid Production
16. 17. Section 98.53 is amended by revising paragraph (a)(2) to read as follows: § 98.53 Calculati ng GHG emissions. (a) * * * (2) Request Administrator approval for an alternative method of determining N 2 O emissions according to paragraphs (a)(2)(i) through (iv) of this section. (i ) If you received Administrator approval for an alternative method of de termining N 2 O emissions in the previous reporting year and your methodology is unchanged , your alternative method is automatically approved for the next reporting year. (ii) You must notify the EPA of your use of a previously approved alternative method in your annual report.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 210 of 290 (i ii ) Otherwise, you must submit the request within 45 days following promulgation of this subpart or within the first 30 days of each subsequent reporting year. (iv) If the Administrator does not approve your requested alternative me thod within 150 days of the end of the reporting year, you must determine the N 2 O emissions for the current reporting period using the procedures specified in paragraph (a)(1) of this section.

* * * * *
17. 18. Section 98.56 is amended by revising paragraph (f) to read as follows: § 98.56 Data reporting requirements.

* * * * * (f) Types of abatement technologies used and date of installation for each (if applicable).

* * * * * Subpart F

— Aluminum Production
18. 19. Section 98.65 is amended by revising paragraph (a) introductory text to read as follows: § 98 .65 Procedures for estimating missing data.

* * * * * (a) Where anode or paste consumption data are missing, CO 2 emissions can be estimated from aluminum production by using Equation F

- 9 of this section.

* * * * *
19. 20. Section 98.66 is amended by revising parag raph s (c)(2) and (c)(3) to read as follows: § 98.66 Data reporting requirements.

* * * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 211 of 290 (c) * * * (2) Anode effect minutes per cell

- day (AE

- mins/cell

- day), anode effect frequency (AE/cell

- day), anode effect duration (minutes). (Or anode effect overvoltage factor ((kg CF4/metric ton Al)/(mV/cell day)), potline overvoltage (mV/cell day), current efficiency (%).) (3) Smelter

- specific slope coefficients (or overvoltage emission factors) and the last date when the smelter

- specific slope coefficients (or overvoltage emission factors) were measured.

* * * * * Subpart G

— Ammonia Manufacturing
20. 21. Section 98.74 is amended by re vising paragraph (f) to read as follows: § 98.74 Monitoring and QA/QC requirements.

* * * * * (f) You may use company records or an engineering estimate to determine the annual ammonia production and the annual methanol production.

* * * * *
21. 22. Section 98.76 is amended by: a. Revising paragraph (a) introductory text; b. Adding paragraph (a)(3) ; and c. Revising paragraphs (b)(2) , (b)(7) , and (b)(15). The revisions and additions read as follows: § 98.76 Data reporting requirements.

* * * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 212 of 290 (a) If a CEMS is us ed to measure CO 2 emissions, then you must report the relevant information required under § 98.36 for the Tier 4 Calculation Methodology and the information in paragraphs (a)(1) through (3) of this section:

* * * * * (3) Annual ammonia production (metric t ons, sum of all process units reported within subpart G). (b) * * * (2) Annual quantity of each type of feedstock consumed for ammonia manufacturing (scf of feedstock or gallons of feedstock or kg of feedstock).

* * * * * (7) Annual average carbon content of each type of feedstock consumed.

* * * * * (15) Annual methanol production for each process unit (metric tons), regardless of whether the methanol is subsequently destroyed, vented, or sold as product. Subpart I

— Electronics Manufacturing
22. 23. Section 98.93 is amended by: a. Revising paragraph (a)(1) introductory text; b. Revising parameters “N il ” and “F il ” of Equation I

- 12 in paragraph (d); c. Revising paragraphs (i)(1)(ii) and (i)(1) (iv); d. Revising Equation I

- 17 in paragraph (i)(3)(ii); e. Revising par ameter “d if ” of Equation I

- 19 in paragraph (i)(3)(ii); f. Revising parameter “d kf ” of Equation I

- 20 in paragraph (i)(3)(iv); g. Revising parameter “d if ” of Equation I

- 21 in paragraph (i)(3)(v);DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 213 of 290 h. Revising parameter “d kf ” of Equation I

- 22 in paragraph (i)( 3)(vi); and i. Revising paragraph (i)(3)(viii) and paragraph (i)(4) introductory text. The revisions read as follows: § 98.93 Calculating GHG emissions. (a) * * * (1) If you manufacture semiconductors, you must adhere to the procedures in paragraphs (a)(1) (i) through (iii) of this section. You must calculate annual emissions of each input gas and of each by

- product gas using Equations I

- 6 and I

- 7, respectively. If your fab uses less than 50 kg of a fluorinated GHG in one reporting year, you may calculate em issions as equal to your fab's annual consumption for that specific gas as calculated in Equation I

- 11 of this subpart, plus any by

- product emissions of that gas calculated under this paragraph (a).

* * * * * (d) * * *

* * * * *

N il = Number of containers of size and type l used at the fab and returned to the gas distributor containing the standard heel of input gas i. F il = Full capacity of containers of size and type l containing input gas i (kg).

* * * * * (i) * * * (1) * * * (ii) You must use representa tive data from the previous reporting year to estimate the consumption of input gas i as calculated in Equation I

- 13 of this subpart and the fraction of input gas i and by

- product gas k destroyed in abatement systems for each stack system as calculated by Equations I

- 24A and I

- 24B of this subpart. If you were not required to submit an annual reportDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 214 of 290 under subpart I for the previous reporting year and data from the previous reporting year are not available, you may estimate the consumption of input gas i and the fraction of input gas i destroyed in abatement systems based on representative operating data from a period of at least 30 days in the current reporting year. When calculating the consumption of input gas i using Equation I

- 13 of this subpart, the term “f ij ” is replaced with the ratio of the number of tools using input gas i that are vented to the stack system for which you are calculating the preliminary estimate to the total number of tools in the fab using input gas i, expressed as a decimal fraction

. You may use this approach to determining f ij only for this preliminary estimate.

* * * * * (iv) If you anticipate an increase or decrease in annual consumption or emissions of any fluorinated GHG, or the number of tools connected to abatement systems greater than 10 percent for the current reporting year compared to the previous reporting year, you mus t account for the anticipated change in your preliminary estimate. You may account for such a change using a quantifiable metric (e.g., the ratio of the number of tools that are expected to be vented to the stack system in the current year as compared to t he previous reporting year, ratio of the expected number of wafer starts in the current reporting year as compared to the previous reporting year), engineering judgment, or other industry standard practice.

* * * * * (3) * * * (ii) * * *

m N

m ism s i is 

### t X SV Q MW E ∆ = 

# ∑

= 

### * 10 * 10

1 * 1 * * 1 3 9 (Eq. I

- 17)

* * * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 215 of 290 (iii) * * *

* * * * *

d if = Fraction of fluorinated GHG input gas i destroyed or removed in abatement systems connected to process tools in fab f, as calculated in Equation I

- 24A of this subpart (expressed as decimal fraction). If the stack system does not have abatement systems on the tools vented to the stack system, the value of this parameter is zero.

* * * * * (iv) * * *

* * * * *

d kf = Fraction of fluorinated GHG by

- product gas k destroyed or removed in abatement systems co nnected to process tools in fab f, as calculated in Equation I

- 24B of this subpart (expressed as decimal fraction).

* * * * * (v) * * *

* * * * *

d if = Fraction of fluorinated GHG input gas i destroyed or removed in abatement systems connected to process tools in fab f that are included in the stack testing option, as calculated in Equation I

- 24A of this subpart (expressed as decimal fraction).

* * * * * (vi) * * *

* * * * *

dk f = Fraction of fluorinated GHG by

- product k destroyed or removed in abatement s ystems connected to process tools in fab f that are included in the stack testing option, as calculated in Equation I

- 24B of this subpart (expressed as decimal fraction).

* * * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 216 of 290 (viii) When using the stack testing option described in this paragraph (i), you must calculate the weighted

- average fraction of each fluorinated input gas i and each fluorinated by

product gas k destroyed or removed in abatement systems for each fab f, as applicable, by using Equation I

- 24A (for input gases) and Equation I

- 24B (f or by

- product gases) of this subpart.


# ∑ ∑

− × ×

− ×

= j ij ijf j ij ij ijf if 

### U C DRE U C d )] 1 ( [ ] )) 1 ( [ (Eq. I

- 24A)



# ∑ ∑

× × ×

= j ijk ijf j jk ijk ijf kf 

### B C DRE

B C d ) ( ) ( (Eq. I

- 24B)

d if = The average weighted fraction of fluorinated GHG input gas i destroyed or removed in abatement systems in fab f (expressed as a decimal fraction). d k f = The average weighted fraction of fluorinated GHG by

- product gas k destroyed or removed in abatement systems in fab f (expressed as a decimal fraction). C ijf = The amount of fluorinated GHG input gas i consumed for process type j fed into abatement systems in fab f as calculated using Equation I

- 13 of this subpart (kg). (1

- U ij ) = The default emission factor for input gas i used in process type j, from applicable Table I

- 3 to I

- 7 of this subpart. B ijk = The default by

- product gas formation rate factor for by

- product gas k from input gas i used in process type j, from applicable Table I

- 3 to I

- 7 of this subpart. DRE ij = Destruction or removal efficiency for fluorin ated GHG input gas i in abatement systems connected to process tools where process type j is used (expressed as a decimal fraction) determined according to § 98. 94(f). DRE jk = Destruction or removal efficiency for fluorinated GHG by

- product gas k in abatement systems connected to process tools where input gas i is used in process type j (expressed as a decimal fraction) determined according to § 98.94(f). f = fab. i = Fluorinated GHG input gas. j = Process type.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 217 of 290 (4) Method to calcula te emissions from stack systems that are not tested

. You must calculate annual fab

- level emissions of each fluorinated GHG input gas and by

- product gas for those fluorinated GHG listed in paragraphs (i)(4)(i) and (ii) of this section using default utilizat ion and by

- product formation rates as shown in Tables I

- 11, I

- 12, I

- 13, I

- 14, or I

- 15 of this subpart, as applicable, and by using Equations I

- 8, I

- 9, and I

- 13 of this subpart. When using Equations I

- 8, I

- 9, and I

- 13 of this subpart to fulfill the requirem ents of this paragraph, you must use, in place of the term C ij in each equation, the total consumption of each fluorinated GHG meeting the criteria in paragraph (i)(4)(i) of this section or that is used in tools vented to the stack systems that meet the cr iteria in paragraph (i)(4)(ii) of this section. You must use, in place of the
term a ij , the fraction of fluorinated GHG meeting the criteria in paragraph (i)(4)(i) of this section used in tools with abatement systems or that is used in tools with abatement systems that are vented to the stack systems that meet the criteria in paragraph (i)(4)(ii) of this section. You also must use the results of Equations I

- 24A and I

- 24B of this subpart in place of the terms d ij in Equation I

- 8 of this subpart and d jk in Eq uation I

- 9 of this subpart, respectively, and use the results of Equation I

- 23 of this subpart in place of the results of Equation I

- 15 of this subpart for the term UT ij .

* * * * *
23. 24. Section 98.94 is amended by revising paragraph (f) introductory text and
pa ragraph (j)(5)(ii) introductory text to read as follows: § 98.94 Monitoring and QA/QC requirements.

* * * * * (f) If your fab employs abatement systems and you elect to reflect emission reductions due to these systems, or if your fab employs abatement syst ems designed for fluorinated GHGDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 218 of 290 abatement and you elect to calculate fluorinated GHG emissions using the stack test method under § 98.93(i), you must comply with the requirements of paragraphs (f)(1) through (f)(3) of this section. If you use an average o f properly measured destruction or removal efficiencies for a gas and process sub

- type or process type combination, as applicable, in your emission calculations under § 98.93(a), (b), and/or (i), you must also adhere to procedures in paragraph (f)(4) of th is section.

* * * * * (j) * * * (5) * * * (ii) Criteria to test less frequently

. After the first 3 years of annual testing, you may calculate the relative standard deviation of the emission factors for each fluorinated GHG included in the test and use that analysis to determine the frequency of any future testing. As an alternative, you may conduct all three tests in less than 3 calendar years for purposes of this paragraph (j)(5)(ii), but this does not relieve you of the obligation to conduct subsequent an nual testing if you do not meet the criteria to test less frequently. If the criteria specified in paragraphs (j)(5)(ii)(A) and (B) of this section are met, you may use the arithmetic average of the three emission factors for each fluorinated GHG and fluor inated GHG by

- product for the current year and the next 4 years with no further testing unless your fab operations are changed in a way that triggers the re

- test criteria in paragraph (j)(8) of this section. In the fifth year following the last stack test included in the previous average, you must test each of the stack systems for which testing is required and repeat the relative standard deviation analysis using the results of the most recent three tests (i.e., the new test and the two previous tests cond ucted prior to the 4 year period). If the criteria specified in paragraphs (j)(5)(ii)(A) and (B) of this section are not met, youDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 219 of 290 must use the emission factors developed from the most recent testing and continue annual testing. You may conduct more than on e test in the same year, but each set of emissions testing for a stack system must be separated by a period of at least 2 months. You may repeat the relative standard deviation analysis using the most recent three tests, including those tests conducted pri or to the 4 year period, to determine if you are exempt from testing for the next 4
years.

* * * * *
24. 25. Section 98.96 is amended by: a. Revising paragraphs (c)(2), (d), and (e); b. Revising parameters “d if ” and “d kf ” of Equation I

- 28 in paragraph (r)(2); and c. Revising paragraph (y)(2)(iv). The revisions read as follows: § 98.96 Data reporting requirements.

* * * * * (c) * * * (2) When you use the procedures specified in § 98.93(a) of this subpart, each fluorinated GHG emitted from each process type or process sub

- type as calculated in Equations I

- 8 and I

- 9 of this subpart, as applicable.

* * * * * (d) The method of emissions calculation used in § 98.93 for each fab. (e) Annual production in terms of substrate surface area (e.g., silicon, PV

- cell, glass) for each fab, including specification of the substrate.

* * * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 220 of 290 (r) * * * (2) * * *

* * * * *

d if = Fraction of fluorinated GHG i destroyed or removed in abatement systems connected to process tools in fab f, as calculated from Equation I

- 24A, which yo u used to calculate total emissions according to the procedures in § 98.93(i)(3) (expressed as a decimal fraction).

* * * * *

d kf = Fraction of fluorinated GHG by

- product k destroyed or removed in abatement systems connected to process tools in fab f, as calculated from Equation I

- 24B, which you used to calculate total emissions according to the procedures in § 98.93(i)(3) (expressed as a decimal fraction).

* * * * * (y) * * * (2) * * * (iv) It must provide any utilization and by

- product formation rates an d/or destruction or removal efficiency data that have been collected in the previous 3 years that support the changes in semiconductor manufacturing processes described in the report. For any utilization , by

product formation rate , and/or destruction or re moval efficiency data submitted, the report must describe , where available : methods used for the measurements, wafer size, film type being manufactured, substrate type, the linewidth or technology node, process type, process subtype for chamber clean proce sses, the input gases used and measured, the utilization rates measured , and the by

- product formation rates measured

.

* * * * *
25. 26. Section 98.97 is amended by revising paragraphs (d)(5) introductory text and (d)(7) to read as follows:DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 221 of 290 § 98.97 Records that mus t be retained.

* * * * * (d) * * * (5) In addition to the inventory specified in § 98.96(p), the information in paragraphs (d)(5)(i) through (iii) of this section:

* * * * * (7) Records of all inputs and results of calculations made to determine the average weighted fraction of each gas destroyed or removed in the abatement systems for each stack system using Equations I

- 24A and I

- 24B of this subpart, if applicable. The inputs should include an indication of whether each value for destruction or remov al efficiency is a default value or a measured site

- specific value.

* * * * *
27. Table I

- 3 of subpart I is amended to read as follows:
Table I

– 3 to Subpart I of Part 98

— Default Emission Factors (1

– U ij ) for Gas Utilization Rates (U ij ) and By
- Product Formation Rates (B ijk ) for Semiconductor Manufacturing for 150mm and 200 mm Wafer Sizes

Process type/Sub
- type Process gas i CF 4 C 2 F 6 CHF 3 CH 2 F 2 C 2 HF 5 CH 3 F C 3 F 8 C 4 F 8 NF 3 SF 6 C 4 F 6 C 5 F 8 C 4 F 8 O ETCHING/WAFER CLEANING 1

–

U i 0.81 0.72 0.51 0.13 0.064 0.70 NA 0.14 0.19 0.55 0.17 0.072 NA BCF 4 NA 0.10 0.085 0.079 0.077 NA NA 0.11 0.0040 0.13 0.13 NA NA BC 2 F 6 0.046 NA 0.030 0.025 0.024 0.0034 NA 0.037 0.025 0.11 0.11 0.014 NA BC 4 F 6 NA NA NA NA NA NA NA NA NA NA NA NA NA BC 4 F 8 NA NA NA NA NA NA NA NA NA NA NA NA NA BC 3 F 8 NA NA NA NA NA NA NA NA NA NA NA NA NA BC 5 F 8 0.0012 NA 0.0012 NA NA NA NA 0.0086 NA NA NA NA NA BCHF 3 0.10 0.047 NA 0.049 NA NA NA 0.040 NA 0.0012 0.066 0.0039 NADRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 222 of 290

Process type/Sub
- type Process gas i CF 4 C 2 F 6 CHF 3 CH 2 F 2 C 2 HF 5 CH 3 F C 3 F 8 C 4 F 8 NF 3 SF 6 C 4 F 6 C 5 F 8 C 4 F 8 O CHAMBER CLEANING

In situ plasma cleaning: 1

–

U i 0.92 0.55 NA NA NA NA 0.40 0.10 0.18 NA NA NA 0.14 BCF 4 NA 0.19 NA NA NA NA 0.20 0.11 0.050 NA NA NA 0.13 BC 2 F 6 NA NA NA NA NA NA NA NA NA NA NA NA 0.045 BC 3 F 8 NA NA NA NA NA NA NA NA NA NA NA NA NA Remote plasma cleaning: 1

–

U i NA NA NA NA NA NA NA NA 0.01 7 NA NA NA NA BCF 4 NA NA NA NA NA NA NA NA 0.015 NA NA NA NA BC 2 F 6 NA NA NA NA NA NA NA NA NA NA NA NA NA BC 3 F 8 NA NA NA NA NA NA NA NA NA NA NA NA NA In situ thermal cleaning: 1

–

U i NA NA NA NA NA NA NA NA NA NA NA NA NA BCF 4 NA NA NA NA NA NA NA NA NA NA NA NA NA BC 2 F 6 NA NA NA NA NA NA NA NA NA NA NA NA NA BC 3 F 8 NA NA NA NA NA NA NA NA NA NA NA NA NA Notes: NA = Not applicable; i.e., there are no applicable default emission factor measurements for this gas. This does not necessarily imply that a particular gas is not used in or emitted from a particular process sub

- type or process type. Subpart N

— Glass Production
26. 28. Section 98.144 is amended by revising paragraphs (b), (c), and (d) to read as follows: § 98.144 Monitoring and QA/QC requirements.

* * * * * (b) Unless you use the default value of 1.0, you must measure carbonate

- based mineral mass fractions at least annually to verify the mass fraction data provided by the supplier of the raw material; such measurements shall be based on sampling and chemical analysis using consensus standards that specify X

- ray fluorescence. For measurements made in years prior toDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 223 of 290 the emissions reporting year 2014, you may also use ASTM D3682

- 01 (Reapproved 2006) Standard Test Method for Major and Minor Elements in Combustion Residues from Coal Utilization Processes (incorporated by reference, see § 98.7) or ASTM D6349

- 09 Standard Test Method for Determination of Major and Minor Elements in Coal, Coke, and Solid Residues from Combustion of Coal and Coke by Inductively Coupled P lasma

— Atomic Emission Spectrometry (incorporated by reference, see § 98.7). (c) Unless you use the default value of 1.0, you must determine the annual average mass fraction for the carbonate

- based mineral in each carbonate

- based raw material by calculating an arithmetic average of the monthly data obtained from raw material suppliers or sampling and chemical analysis. (d) Unless you use the default value of 1.0, you must determine on an annual basis the calcination fraction for each carbonate consumed based on sampling and chemical analysis using an industry consensus standard. If performed, this chemical analysis must be conducted using an

x - ray fluorescence test or other enhanced testing method published by an industry consensus standards organization (e.g ., ASTM, ASME, API, etc.).
27. 29. Section 98.146 is amended by revising paragraphs (b)(5) and (b) (7) to read as follows: § 98.146 Data reporting requirements.

* * * * * (b) * * * (5) Results of all tests, if applicable, used to verify the carbonate

- based mineral mass fraction for each carbonate

- based raw material charged to a continuous glass melting furnace, as specified in paragraphs (b)(5)(i) through (b)(5)(iii) of this section.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 224 of 290

* * * * * (7) Method used to determine decimal fraction of calcination, unless you used the default value of 1.0.

* * * * *
28. 30. Section 98.147 is amended by revising paragraphs (b)(3), (b)(4) introductory text, (d)(2), and (d)(3) to read as follows: § 98.147 Records that must be retained.

* * * * * (b) * * * (3) Data on carbonate

- based miner al mass fractions provided by the raw material supplier for all raw materials consumed annually and included in calculating process emissions in Equation N

- 1 of this subpart, if applicable. (4) Results of all tests, if applicable, used to verify the carbon ate

- based mineral mass fraction for each carbonate

- based raw material charged to a continuous glass melting furnace, including the data specified in paragraphs (b)(4)(i) through (b)(4)(v) of this section.

* * * * * (d) * * * (2) Annual amount of each carbonate

- based raw material charged to each continuous glass melting furnace (tons) (Equation N

- 1). (3) Decimal fraction of calcination achieved for each carbonate

- based raw material for each continuous glass melting furnace (specify the default value, if used, or the value determined according to § 98.144) (percentage, expressed as a decimal) (Equation N

- 1).DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 225 of 290 Subpart O

— HCFC
- 22 Production and HFC
- 23 Destruction
29. 31. Section 98.156 is amended by revising paragraphs (a) introductory text and (d) to read as follows: § 98.156 Data reporting requirements. (a) In addition to the information required by § 98.3(c), the HCFC

- 22 production facility shall report the following information for each HCFC

- 22 production process:

* * * * * (d) If the HFC

- 23 concentration measured pursuant to § 98.154(l) is greater than that measured during the performance test that is the basis for the destruction efficiency (DE), the facility shall report the method used to calculate the revised destruction efficiency, specifying whether § 98.154(l)(1) or (l)(2) has been used for the calculation.

* * * * * Subpart P

— Hydrogen Production
30. 32. Section 98.163 is amended by revising parameter “CO 2 ” of Equation P

- 3 in paragraph (b)(3) to read as follows: § 98.163 Calculating GHG emissions.

* * * * * (b) * * * (3) * * *

* * * * *

CO 2 = Annual CO 2 emissions from fuel and feedstock consumption (metric tons/yr).

* * * * *
31. 33. Section 98.164 is amended by revising paragraph (b)(1) to read as follows:DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 226 of 290 § 98.164 Monitoring and QA/QC requirements.

* * * * * (b) * * * (1) Calibrate all oil and gas flow meters that are used to measure liquid and gaseous fuel and feedstock volumes (except for gas billing meters) according to the monitoring and QA/QC requirements for the Tier 3 methodology in § 98.34(b)(1). Perfo rm oil tank drop measurements (if used to quantify liquid fuel or feedstock consumption) according to § 98.34(b)(2). Calibrate all solids weighing equipment according to the procedures in § 98.3(i).

* * * * *
32. 34. Section 98.166 is amended by revising paragraph s (b)(4), (d), and (e) to read as follows: § 98.166 Data reporting requirements.

* * * * * (b) * * * (4) Annual quantity of ammonia intentionally produced as a desired product, if applicable (metric tons).

* * * * * (d) Annual quantity of carbon other than CO 2 collected and transferred off site in either gas, liquid, or solid forms (kg carbon), excluding methanol. (e) Annual quantity of methanol intentionally produced as a desired product, if applicable, (metric tons) for each process unit.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 227 of 290 Subpart Q

— Iron and Steel Production
33. 35. Section 98.173 is amended by revising Equation Q

- 5 in paragraph (b)(1)(v) to read as follows: § 98.1 73 Calculating GHG emissions.

* * * * * (b) * * * (1) * * * (v) * * *

CCCC 2 = 44 12 ∗ � ( IIIIIIII ) ∗ ( CC iiiiiiii ) + ( SSSS SSSS ) ∗ � CC ssss ssss � + ( FFFFFFFF ) ∗ ( CC FFFFFFFF ) + ( EE EE EE EEEE ) ∗ ( CC EE EE EE EEEE ) + ( CC CC )

∗ ( CC CC CC )

− ( SS ) ∗ ( CC SS ) + � FF gg � ∗ � CC gggg � ∗ MM WW MMMM ∗ 0

. 001

− ( SS SSSS ) ∗ � CC SS �

− ( RR ) ∗ ( CC RR ) �
(Eq. Q

- 5)
* * * * *
34. 36. Section 98.176 is amended by revising Equation Q

- 10 in paragraph (e)(6)(ii), Equation Q

- 11 in paragraph (e)(6)(iii), Equation Q

- 12 in paragraph (e)(6)(iv), and the parameter “n” of Equation Q

- 12 in paragraph (e)(6)(iv) to read as follows: § 98.176 Data reporting requirements.

* * * * * (e) * * * (6) * * * (ii) * * *

NN = ∑ � + IIIIIIII + SSSS SSSS + FF + CC CC + CC + FF + EE EE EE EEEE + SS iiii + + h � ii = 1 (Eq. Q

- 10)

* * * * * (iii) * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 228 of 290
PP PP = ∑ ( PP + RR + SS + SS SSSS + CC CC + SSSS + IIIIIIII + NN ) ii = 1 (Eq. Q

- 11)
* * * * * (iv) * * *

CC aa = ∑ ( FF gg , ii nn i = 1 ∗ MMMM ii MMMMMM ∗ CC gggg , ii ∗ 0

. 001 + FF ll , ii ∗ CC ll , ii ∗ 0

. 001 + FF ss , ii ∗ CC ss ) FFFF FF (Eq. Q

- 12)

* * * * *

n = Number of gaseous, liquid, and solid fuel inputs to each process unit as used in Equation Q

- 9.

* * * * * Subpart S

— Lime Manufacturing
35. 37. Section 98.196 is amended by revising paragraph (b) introductory text and adding paragraphs (b)(19) through (b) (21) to read as follows: § 98.196 Data reporting requirements.

* * * * * (b ) If a CEMS is not used to measure CO 2 emissions, then you must report the information listed in paragraphs (b)(1) through (21) of this section.

* * * * * (19) Annual emission factors for each lime product type produced. (20) Annual emission factors for ea ch calcined byproduct/waste by lime type that is sold. (21) Annual average results of chemical composition analysis of each type of lime product produced and calcined byproduct/waste sold. Subpart U

— Miscellaneous Uses of Carbonate
36. 38. Section 98.216 is amended by revising paragraph (e) introductory text to read as follows: § 98.216 Data reporting requirements.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 229 of 290

* * * * * (e) If you followed the calculation method of § 98.213(a), you must report the information in paragraphs (e)(1) through (e)(3) of this section.

* * * * * Subpart V

— Nitric Acid Production
37. 39. Section 98.220 is amended to read as follows: § 98.220 Definition of source category.
A nitric acid production facility uses one or more trains to produce nitric acid. A nitric acid train produces nitric acid through the catalytic oxidation of ammonia.
38. 40. Section 98.223 is amended by revising paragraph (a)(2) to read as follows: § 98.223 Calcula ting GHG emissions. (a) * * * (2) Request Administrator approval for an alternative method of determining N 2 O emissions according to paragraphs (a)(2)(i) through (a)(2)(iv) of this section. (i ) If you received Administrator approval for an alternative meth od of determining N 2 O emissions in the previous reporting year and your methodology is unchanged , your alternative method is automatically approved for the next reporting year. (ii) You must notify the EPA of your use of a previously approved alternative m ethod in your annual report. (iii) Otherwise, you must submit the request within 45 days following promulgation of this subpart or within the first 30 days of each subsequent reporting year.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 230 of 290 (iv) If the Administrator does not approve your requested alterna tive method within 150 days of the end of the reporting year, you must determine the N 2 O emissions for the current reporting period using the procedures specified in paragraph (a)(1) of this section.

* * * * *
39. 41. Section 98.226 is amended by revising paragrap h (h) to read as follows: § 98.226 Data reporting requirements.

* * * * * (h) Abatement technologies used (if applicable) and date of installation of abatement technology.

* * * * * Subpart X

— Petrochemical Production
40. 42. Section 98.240 is amended by revising p aragraph (a) to read as follows: § 98.240 Definition of the source category. (a) The petrochemical production source category consists of processes as described in paragraphs (a)(1) through (3) of this section. (1) The petrochemical production source cate gory consists of all processes that produce acrylonitrile, carbon black, ethylene, ethylene dichloride, ethylene oxide, or methanol, except as specified in paragraphs (b) through (g) of this section. (2) The petrochemical production source category includ es processes that produce the petrochemical as an intermediate in the on

- site production of other chemicals as well as processes that produce the petrochemical as an end product for sale or shipment off site. (3) When ethylene dichloride and vinyl chloride monomer are produced in an integrated process, you may consider the entire integrated process to be the petrochemical process for theDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 231 of 290 purpose of complying with the mass balance option in § 98.243(c). If you elect to consider the integrated process to be t he petrochemical process, then the mass balance must be performed over the entire integrated process.

* * * * *
41. 43. Section 98.243 is amended by revising paragraphs (c)(3), (c)(4) introductory text, and (c)(4)(i) to read as follows: § 98.243 Calculating GHG emissions.

* * * * * (c) * * * (3) Collect a sample of each feedstock and product at least once per month and determine the molecular weight (for gaseous materials when the quantity is measured in scf) and carbon content of each sample according to the pro cedures of § 98.244(b)(4). If multiple valid molecular weight or carbon content measurements are made during the monthly measurement period, average them arithmetically. However, if a particular liquid or solid feedstock is delivered in lots, and if multip le deliveries of the same feedstock are received from the same supply source in a given calendar month, only one representative sample is required. Alternatively, you may use the results of analyses conducted by a feedstock supplier, or product customer, p rovided the sampling and analysis is conducted at least once per month using any of the procedures specified in § 98.244(b)(4). (4) If you determine that the monthly average concentration of a specific compound in a feedstock or product is greater than 99. 5 percent by volume or mass, then as an alternative to the sampling and analysis specified in paragraph (c)(3) of this section, you may determine molecular weight and carbon content in accordance with paragraphs (c)(4)(i) through (iii) of this section.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 232 of 290 (i) Calculate the molecular weight and carbon content assuming 100 percent of that feedstock or product is the specific compound.

* * * * *
42. 44. Section 98.246 is amended by: a. Revising paragraphs (a)(5), (a)(6)(ii) , and (a)(6) (iii); b. Adding paragraphs (a)(14) and (a) (15); and c. Revising paragraphs (b)(2), (b) (3), and (b) (8). The revisions and additions read as follows: § 98.246 Data reporting requirements.

* * * * * (a) * * * (5) Annual quantity of each type of petrochemical produced from each process unit (me tric tons). If y our petrochemical process is an integrated ethylene dichloride and vinyl chloride monomer process, report either the measured ethylene dichloride production (metric tons) or both the measured quantity of vinyl chloride monomer production (m etric tons) and an estimate of the ethylene dichloride production (metric tons). (6) * * * (ii) Description of each type of measurement device (e.g., flow meter, weighing device) used to determine volume or mass in accordance with § 98.244(b)(1) through (3 ). (iii) Identification of each method (i.e., method number, title, or other description) used to determine volume or mass in accordance with § 98.244(b)(1) through (3).

* * * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 233 of 290 (14) Annual average of the measurements of the carbon content of each feedst ock and product. (i) For feedstocks and products that are gaseous or solid, report this quantity in kg carbon per kg of feedstock or product. (ii) For liquid feedstocks and products, report this quantity either in units of kg carbon per kg of feedstock or production, or kg C per gallon of feedstock or product. (15) For each gaseous feedstock and product, the annual average of the measurements of molecular weight in units of kg per kg mole

. (b) * * * (2) For CEMS used on stacks that include emissions from st ationary combustion units that burn any amount of off

- gas from the petrochemical process, report the relevant information required under § 98.36(c)(2) and (e)(2)(vi) for the Tier 4 calculation methodology. Sections 98.36(c)(2)(ii), (c)(2)(ix) and (c)(2)(x) do not apply for the purposes of this subpart. (3) For CEMS used on stacks that do not include emissions from stationary combustion units, report the information required under § 98.36(b)(6), (b)(7), (b)(9)(i), (b)(9)(ii) and (e)(2)(vi).

* * * * * (8) Annual quantity of each type of petrochemical produced from each process unit (metric tons). I f your petrochemical process is an integrated ethylene dichloride and vinyl chloride monomer process, report either the measured ethylene dichloride production (m etric tons) or both the measured quantity of vinyl chloride monomer production (metric tons) and an estimate of the ethylene dichloride product (metric tons).

* * * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 234 of 290 43. 45. Section 98.247 is amended by revising paragraph (a) to read as follows: § 98.247 Record s that must be retained.

* * * * * (a) If you comply with the CEMS measurement methodology in § 98.243(b), then you must retain under this subpart the records required for the Tier 4 Calculation Methodology in § 98.37, records of the procedures used to dev elop estimates of the fraction of total emissions attributable to petrochemical processing and combustion of petrochemical process off

- gas as required in § 98.246(b), and records of any annual average HHV calculations.

* * * * *
44. 46. Section 98.248 is amended b y revising the definition for “Product ” to read as follows: § 98.248 Definitions.

* * * * * Product me ans each of the following carbon

- containing outputs from a process: the petrochemical, recovered byproducts, and liquid organic wastes that are not combus ted onsite. Product does not include process vent emissions, fugitive emissions, or wastewater. Subpart Y

— Petroleum Refineries
45. 47. Section 98. 253 is amended by: a. Revising paragraph s (b) introductory text, (b)(1)(iii)(B), (h)(1) introductory text, and (h)(2) introductory text ; b. Revising parameters “0.98 ” of Equations Y

- 16a and Y

- 16b and “0.02” of Equation Y

17 in paragraph (h)(2); and c. Revising paragraph (i) and paragraph (j) introductory text.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 235 of 290 The revisions read as follows: § 98.253 Calculating GHG emissi ons.

* * * * * (b) For flares, calculate GHG emissions according to the requirements in paragraphs (b)(1) through (b)(3) of this section. All gas discharged through the flare stack must be considered for the flare GHG emissions calculations with the except ion of gas used for the flare pilots, which may be excluded. (1) * * * (iii) * * * (B) For periods of normal operation, use the average higher heating value measured for the fuel gas used as flare sweep or purge gas for the higher heating value of the flar e gas. If higher heating value of the fuel gas is not measured, the higher heating value of the flare gas under normal operations may be estimated from historic data or engineering calculations.

* * * * * (h) * * * (1) For uncontrolled asphalt blowing operations or asphalt blowing operations controlled either by vapor scrubbing or by another non

- combustion control device, calculate CO 2 and CH 4 emissions using Equations Y

- 14 and Y

- 15 of this section, respectively.

* * * * * (2) For asphalt blowing operat ions controlled by either a thermal oxidizer, a flare, or other vapor combustion control device, calculate CO 2 using either Equation Y

- 16a or Equation
Y

- 16b of this section and calculate CH 4 emissions using Equation Y

- 17 of this section, provided these emi ssions are not already included in the flare emissions calculated in paragraph (b) of thisDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 236 of 290 section or in the stationary combustion unit emissions required under subpart C of this part (General Stationary Fuel Combustion Sources).

* * * * *

0.98 = Assumed c ombustion efficiency of the control device.

* * * * *

0.98 = Assumed combustion efficiency of the control device.

* * * * *

0.02 = Fraction of methane uncombusted in the controlled stream based on assumed 98% combustion efficiency.

* * * * * (i) For each d elayed coking unit, calculate the CH 4 emissions from delayed decoking operations (venting, draining, deheading, and coke

- cutting) according to the requirements in paragraphs (i)(1) through (i)(5). (1) Determine the typical dry mass of coke produced per cy cle from company records of the mass of coke produced by the delayed coking unit. Alternatively, you may estimate the typical dry mass of coke produced per cycle based on the delayed coking unit vessel (coke drum ) dimensions and typical coke drum outage at the end of the coking cycle using Equation Y

- 18a of this section. 

# ( ) 2 coke bulk drum outage 

### π D M ρ H H 4   × =× − ×     (Eq. Y

- 18a)
Where: M coke = Typical dry mass of coke in the delayed coking unit vessel at the end of the coking cycle (metric ton s /cycle). ρ bulk = Bulk coke bed density (metric tons per cubic feet; mt/ft 3 ). Use the default value of 0.0191 mt/ft 3

.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 237 of 290 H drum = Internal height of delayed coking unit vessel (feet). H outage = Typical distance from the top of the delayed coking unit vessel to the top of the co ke bed (i.e., coke drum outage) at the end of the coking cycle (feet) from company records or engineering estimates

. D = Diameter of delayed coking unit vessel (feet). (2) Determine the typical mass of water in the delayed coking unit vessel at the end of the cooling cycle prior to venting to the atmosphere using Equation Y

- 18b of this section. 

## ( ) 2 coke water water water particle 

### M π D M ρ H 4 ρ   × =× × −     (Eq. Y

- 18b)
Where: M water = Mass of water in the delayed coking unit vessel at the end of the cooling cycle just prior to atmospheric ve nting (metric ton s /cycle). ρ water = Density of water at average temperature of the delayed coking unit vessel at the end of the cooling cycle just prior to atmospheric venting (metric tons per cubic feet; mt/ft 3 ). Use the default value of 0.0270 mt/ft 3

. H water = Typical distance from the bottom of the coking unit vessel to the top of the water level at the end of the cooling cycle just prior to atmospheric venting (feet) from company records or engineering estimates

. M coke = Typical dry mass of coke in the delayed coking unit vessel at the end of the coking cycle (metric ton s /cycle) as determined in paragraph (i)(1) of this section

. ρ particle = Particle density of coke (metric tons per cubic feet; mt/ft 3 ). Use the default value of 0.0382 mt/ft 3

. D = Diameter of delayed coking unit vessel (feet). ( 3) Determine the average temperature of the delayed coking unit vessel when the drum is first vented to the atmosphere using either Equation Y

- 18 c or Y

- 18d of this section , as appropriate, based on the measur ement system available.

T initial = ( T overhead + T bottom ) /2 (Eq. Y

- 18c) Where: T initial = Average temperature of the delayed coking unit vessel when the drum is first vented to the atmosphere (°F).DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 238 of 290 T overhead = Temperature of the delayed coking unit vessel overhead line measured as near the coking unit vessel as practical just prior to venting to the atmosphere. If the temperature of the delayed coking unit vessel overhead line is less than 216 °F, use T overhead = 216 °F. T bottom = Temperature of the delayed coking unit vessel near the bottom of the coke bed. If the temperature at the bottom of the coke bed is less than 21 2 °F, use T bottom = 21 2 °F

. T initial = - 0.039 P overhead 2 + 3.13 P overhead +220 (Eq. Y

- 1 8d) Where: T initial = Average temperature of the delayed coking unit vessel when the drum is first vented to the atmosphere (°F). P overhead = Pressure of the delayed coking unit vessel just prior to opening the atmospheric vent (pounds per square inch gaug e, psig). (4) Determine the typical mass of steam generated and released per decoking cycle using Equation Y

- 18e of this section. 

## ( ) 

# ( ) ( ) ConvLoss water p,water coke p,coke initial fin al steam vap 

### 1f M C M C T T M H − × × +× × −
= ∆ (Eq. Y

- 18e)
Where: M steam = Mass of steam generated and released per decoking cycle (metric tons/cycle). f ConvLoss = fraction of total heat loss that is due to convective heat loss from the sides of the coke vessel (unitless). Use the default value of 0.10. M water = Mass of water in the delayed coking unit vessel at the end of the cooling cycle j ust prior to atmospheric venting (metric ton s /cycle). C p,water = Heat capacity of water (British thermal units per metric ton per degree Fahrenheit; Btu/mt

- °F). Use the default value of 2,205 Btu/mt

- °F. M coke = Typical dry mass of coke in the delayed cokin g unit vessel at the end of the coking cycle (metric ton s /cycle) as determined in paragraph (i)(1) of this section

. C p,coke = Heat capacity of petroleum coke (Btu/mt

- °F). Use the default value of 584 Btu/mt

- °F. T initial = Average temperature of the delaye d coking unit vessel when the drum is first vented to the atmosphere (°F) as determined in paragraph (i)(3) of this section

.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 239 of 290 T final = Temperature of the delayed coking unit vessel when steam generation stops (°F). Use the default value of 212 °F. ΔH vap = H eat of vaporization of water (British thermal units per metric ton; Btu/mt). Use the default value of 2,116,000 Btu/mt. (5) Calculate the CH4 emissions from decoking operations at each delayed coking unit using Equation Y

- 18f of this section.

4 steam DCU 

### CH = M ×EmF × N ×0.001 (Eq. Y

- 18f) Where: CH 4 = Annual methane emissions from the delayed coking unit decoking operations (metric ton/year). M steam = Mass of steam generated and released per decoking cycle (metric tons/cycle) as determined in paragraph (i)(3) of this section

. EmF DCU = Methane emission factor for delayed coking unit (kilograms CH 4 per metric ton of steam; kg CH 4 /mt steam) from unit

- specific measurement data. If you do not have unit

- specific measurement data, u se the default value of 7.9 k g CH 4 /m etric ton steam. N = Cumulative number of decoking cycles (or coke

- cutting cycles) for all delayed coking unit vessels associated with the delayed coking unit during the year. 0.001 = Conversion factor (metric ton/kg). (j) For each process vent not covered in paragraphs (a) through (i) of this section that can reasonably be expected to contain greater than 2 percent by volume CO 2 or greater than 0.5 percent by volume of CH 4 or greater than 0.01 percent by volume (100 parts per million) of N 2 O, calcu late GHG emissions using Equation Y

- 19 of this section. You must also use Equation Y

- 19 of this section to calculate CH 4 emissions for catalytic reforming unit depressurization and purge vents when methane is used as the purge gas, and CO 2 and/or CH 4 emiss ions, as applicable, if you elected this method as an alternative to the methods in paragraphs (f), (h), or (k) of this section.

* * * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 240 of 290 46. 48. Section 98.254 is amended by revising paragraph (j), redesignating paragraph (k) as paragraph (l), and adding new par agraph (k) to read as follows: § 98.254 Monitoring and QA/QC requirements.

* * * * * (j) Determine the quantity of petroleum process streams using company records. These quantities include the quantity of coke produced per cycle, asphalt blown, quantity of crude oil plus the quantity of intermediate products received from off site, and the quantity of unstabilized crude oil received at the facility. (k) Determine temperature or pressure of delayed coking unit vessel using process instrumentation operated, maintained, and calibrated according to the manufacturer's instructions. (l) The owner or operator shall document the procedures used to ensure the accuracy of the estimates of fuel usage, gas composition, and heating value including but not limited to calibration of weighing equipment, fuel flow meters, and other measurement devices. The

e stimated accuracy of measurements made with these devices shall also be recorded, and the technical basis for these estimates shall be provided.
47. 49. Section 98.256 is amended by revising paragraphs (e)(3) and (e) (6), (h)(5)(ii)(A), and (k) to read as follows: § 98.256 Data reporting requirements.

* * * * * (e) * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 241 of 290 (3) A description of the flare service (general facility flare, unit flare, emergency only or back

- up flare) and an indication of whether or not the flare is serviced by a flare gas recovery system.

* * * * * (6) If you use Equation Y

- 1a of § 98.253, an indication of whether daily or weekly measurement periods are used, annual average carbon content of the flare gas (in kg carbon per kg flare gas) , and, either the annual volume of flare gas combusted (in scf/year) and the annual average molecular weight (in kg/kg

- mole) , or, the annual mass of flare gas combusted (in kg/yr)

.

* * * * * (h) * * * (5) * * * (ii) * * * (A) The annual volume of recycled tail gas (in scf/year).

* * * * * (k) For each delayed coking unit, the owner or operator shall report: (1) The unit ID number (if applicable). (2) Maximum rated throughput of the unit, in bbl/stream day. (3) Annual quantity of coke produced in the unit during the reporting year, in metric tons. (4) The calcu lated annual CH 4 emissions (in metric tons of CH 4 ) for the delayed coking unit. ( 5 ) The total number of delayed coking vessels (or coke drums) associated with the delayed coking unit

.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 242 of 290 ( 6 ) The basis for the typical dry mass of coke in the delayed coking uni t vessel at the end of the coking cycle (mass measurements from company records or calculated using Equation Y

18a)

. (7) An indication of the method used to estimate the average temperature of the coke bed,
T initial (overhead temperature and Equation Y

- 18c or pressure correlation and Equation Y

- 18d). (8) An indication of whether a unit

- specific methane emissions factor or the default methane emission factor was used for the delayed coking unit.

* * * * *
48. 50. Section 98.257 is amended by: a. Revising paragraphs (b) introductory text and (b)(41) through (b)(43); b. Removing paragraph (b)(44) and revising and redesignating paragraph (a)(45) as paragraph (a)(44); c. Adding new paragraph ( b )(45); d. Re moving paragraph (b)(46) e. Redesignating paragraphs b(47) thr ough (b)(67) as paragraphs (b)(53) through (b)(7 3 ); e. Adding new paragraphs (b)(46) through (b) (52) ; and f. Revising newly redesignated paragraph (b)(6 5 ). The revisions and additions read as follows: § 98.257 Records that must be retained.

* * * * * (b) Verification software records. You must keep a record of the file generated by the verification software specified in § 98.5(b) for the applicable data specified in paragraphs (b)(1)DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 243 of 290 through (7 3 ) of this section. Retention of this file satisfies the recordkeeping requirement for the data in paragraphs (b)(1) through (7 3 ) of this section.

* * * * * (41) Typical dry mass of coke in the delayed coking unit vessel at the end of t he coking cycle (metric ton s /cycle) from company records or calculated using Equation Y

- 18a (Equations
Y

- 18a, Y

- 18b and Y

- 18 e of § 98.253 ) for each delayed coking unit

. (42) Internal h eight of delayed coking unit vessel (feet) (Equation Y

- 18a) for each delayed coking unit. (43) T ypical distance from the top of the delayed coking u nit vessel to the top of the coke bed (i.e., coke drum outage) at the end of the coking cycle (feet) from company records or engineering estimates (Equation Y

- 18 a ) for each delayed coking unit

. (4 4 ) Diameter of delayed coking unit vessel (feet) (Equation Y

- 18 a and Y

- 18b ) for each delayed coking unit

. (45) Mass of water in the delayed coking unit vessel at the end of the cooling cycle prior to atmospheric venting (metric ton/cycle) (Equations Y

- 18b and Y

- 18 e ) for each delayed coking unit. (46) Typical dista nce from the bottom of the coking unit vessel to the top of the water level at the end of the cooling cycle just prior to atmospheric venting (feet) from company records or engineering estimates (Equation Y

- 18b) for each delayed coking unit. (4 7 ) Mass of steam generated and released per decoking cycle (metric tons/cycle) (Equation s Y

- 18 e and Y

- 18f of § 98.253 ) for each delayed coking unit

.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 244 of 290 (48) Average temperature of the delayed coking unit vessel when the drum is first vented to the atmosphere (°F) (Equat ions Y

- 18c, Y

- 18d, and Y

- 18e of § 98.253 ) for each delayed coking unit. (49) Temperature of the delayed coking unit vessel overhead line measured as near the coking unit vessel as practical just prior to venting the atmosphere (Equation Y

- 18 c ) for each del ayed coking unit. (50) P ressure of the delayed coking unit vessel just prior to opening the atmospheric vent (psig) (Equation Y

- 18 d ) for each delayed coking unit. (51) Methane emission factor for delayed coking unit (kilograms CH 4 per metric ton of steam; kg CH 4 /mt steam) ( Equation Y

- 18f ) for each delayed coking unit

. (52) Cumulative number of decoking cycles (or coke

- cutting cycles) for all delayed coking unit vessels associated with the delayed coking unit during the year (Equation Y

- 18 f ) for each delayed coking unit

.

* * * * * ( 5 3 ) Average volumetric flow rate of process gas during the event from measurement data, process knowledge, or engineering estimates for each set of coke drums or vessels of the same size (scf per hour) (Equation Y

- 19 of §98.253). ( 5 4 ) Mole fraction of methane in process vent during the event from measurement data, process knowledge, or engineering estimates for each set of coke drums or vessels of the same size (kg

- mole CH 4 /kg

- mole gas) (Equation Y

- 19). ( 5 5 ) Venting time for the e vent for each set of coke drums or vessels of the same size (hours) (Equation Y

- 19).DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 245 of 290 (5 6 ) Molar volume conversion factor for each set of coke drums or vessels of the same size (scf per kg

- mole) (Equation Y

- 19). (5 7 ) Quantity of crude oil plus the quantity of intermediate products received from off site that are processed at the facility (MMbbl/year) (Equation Y

- 20 of §98.253). (5 8 ) Molar volume conversion factor (scf per kg

- mole) (Equation Y

- 20). ( 59 ) Methane emission factor for uncontrolled blown systems (scf CH 4 /MMbbl) (Equation Y

- 20). ( 6 0 ) Quantity of crude oil plus the quantity of intermediate products received from off site that are processed at the facility (MMbbl/year) (Equation Y

- 22 of §98.253). ( 6 1 ) Quantity of unstabilized crude oil received at th e facility (MMbbl/year) (Equation Y

23 of §98.253). ( 6 2 ) Pressure differential from the previous storage pressure to atmospheric pressure (psi) (Equation Y

- 23). ( 6 3 ) Average mole fraction of CH 4 in vent gas from the unstabilized crude oil storage tanks fro m facility measurements (kg

- mole CH 4 /kg

- mole gas) (Equation Y

- 23). ( 6 4 ) Molar volume conversion factor (scf per kg

- mole) (Equation Y

- 23). ( 6 5 ) Specify whether the calculated or default loading factor L specified in § 98.253(n) is entered, for each liquid l oaded to each vessel (methods specified in § 98.253(n)).

* * * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 246 of 290 (6 6 ) Saturation factor specified in §98.253(n), for each liquid loaded to each vessel (methods specified in §98.253(n)). (6 7 ) True vapor pressure of liquid loaded, for each liquid loaded to each vessel (psia) (methods specified in §98.253(n)). (6 8 ) Molecular weight of vapors (lb per lb
- mole), for each liquid loaded to each vessel (methods specified in §98.253(n)). ( 69 ) Temperature of bulk liquid loaded, for each liquid loaded to each vessel (°R, degrees Rankine) (methods specified in §98.253(n)). ( 7 0 ) Total loading loss (without efficiency correction), for each liquid loaded to each vessel (pounds per 1000 gallons loaded) (methods specified in §98.253(n)). ( 7 1 ) Overall emission control system reduction efficiency, including the vapor collection system efficiency and the vapor recovery or destruction efficiency (enter zero if no emission controls), for each liquid loaded to each vessel (percent) (methods specified §98.253(n)). ( 7 2 ) Vapor phase concentration of methane in liquid loaded, for each liquid loaded to each vessel (percent by volume) (methods specified in §98.253(n)). ( 7 3 ) Quantity of material loaded, for each liquid loaded to each vessel (thousand gallon per year) (methods specified in §98. 253 (n)). Subpart Z

— Phosphoric Acid Production
49. 51. Section 98.266 is amended by revising paragraph (f)(3) to read as fol lows: § 98.266 Data reporting requirements.

* * * * * (f) * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 247 of 290 (3) Annual phosphoric acid production capacity (tons) for each wet

- process phosphoric acid process line.

* * * * * Subpart AA

— Pulp and Paper Manufacturing
50. 52. Section 98.273 is amended by revising paragraphs (a)(1), (b)(1), and (c)(1) to read as follows: § 98.273 Calculating GHG emissions. (a) * * * (1) Calculate fossil fuel

- based CO 2 emissions from direct measurement of fossil fuels consumed and default emissions factors according to the Tier 1 methodology for stationary combustion sources in § 98.33(a)(1). Tiers 2 or 3 from § 98.33(a)(2) or (3) may be used to cal culate fossil fuel

- based CO2 emissions if the respective monitoring and QA/QC requirements described in § 98.34 are met.

* * * * * (b) * * * (1) Calculate fossil CO 2 emissions from fossil fuels from direct measurement of fossil fuels consumed and default e missions factors according to the Tier 1 Calculation Methodology for stationary combustion sources in § 98.33(a)(1). Tiers 2 or 3 from § 98.33(a)(2) or (3) may be used to calculate fossil fuel

- based CO 2 emissions if the respective monitoring and QA/QC
requ irements described in § 98.34 are met.

* * * * * (c) * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 248 of 290 (1) Calculate CO 2 emissions from fossil fuel from direct measurement of fossil fuels consumed and default HHV and default emissions factors, according to the Tier 1 Calculation Methodology for stat ionary combustion sources in § 98.33(a)(1). Tiers 2 or 3 from § 98.33(a)(2)

or (3) may be used to calculate fossil fuel

- based CO 2 emissions if the respective monitoring and QA/QC requirements described in § 98.34 are met.

* * * * *
51. 53. Section 98.275 is amende d by revising paragraph (b) to read as follows: § 98.275 Procedures for estimating missing data.

* * * * * (b) For missing measurements of the mass of spent liquor solids or spent pulping liquor flow rates, use the lesser value of either the maximum mass or fuel flow rate for the combustion unit, or the maximum mass or flow rate that the fuel meter can measure. Alternatively, records of the daily spent liquor solids firing rate obtained to comply with § 63.866(c)(1) may be used, adjusting for the duration of the missing measurements, as appropriate.

* * * * *
52. 54. Table AA

- 2 to Subpart AA of Part 98 is amended by: a. Revising the column headings for “Kraft lime kilns” and “Kraft calciners”; b. Revising the row for “ Petroleum coke ”; and c. Revising the footnotes. The revisions read as follows:
Table AA
- 2 to Subpart AA of Part 98

— Kraft Lime Kiln and Calciner Emissio ns Factors for CH 4 and N 2 O

Fuel Fossil fuel
- based emissions factors (kg/mmBtu HHV) Kraft rotary lime kilns Kraft calciners aDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 249 of 290
CH 4 N 2 O CH 4 N 2 O

* * * * * * * Petroleum coke 0.0027 0 b NA b NA

* * * * * * *

a Includes, for example, fluidized bed calciners at kraft mills. b Emission factors for kraft calciners are not available. Subpart CC

— Soda Ash Manufacturing
53. 55. Section 98 .294 is amended by revising paragraph (a)(2) to read as follows: § 98.294 Monitoring and QA/QC requirements.

* * * * * (a) * * * (2) Measure the mass of trona input to each soda ash manufacturing line on a monthly basis using belt scales or methods used fo r accounting purposes.

* * * * *
54. 56. Section 98.296 is amended by revising paragraphs (a)(1) and (b)(5) to read as follows: § 98.296 Data reporting requirements.

* * * * * (a) * * * (1) Annual consumption of trona or liquid alkaline feedstock at the facility l evel (tons).

* * * * * (b) * * * (5) Annual consumption of trona or liquid alkaline feedstock at the facility level (tons)

.

* * * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 250 of 290 Subpart DD

— Electrical Transmission and Distribution Equipment Use
55. 57. Section 98.306 is amended by revising paragraphs (a)(2) and (a) (3) and adding paragraphs (a)(4) , (a) (5), (m) , and (n) to read as follows: § 98.306 Data reporting requirements.

* * * * * (a) * * * ( 2) New hermetically sealed

- pressure switchgear during the year. (3) New SF 6 - or PFC

- insulated equipment other than hermetically sealed

- pressure switchgear during the year

. ( 4 ) Retired hermetically sealed

- pressure switchgear during the year

. (5) Retired SF 6 - or PFC

- insulated equipment other than hermetically sealed

- pressure switchgear during the year

.

* * * * * (m) State(s) or territory in which the facility lies and total miles of transmission and distribution lines located within each state or territory. (n) The following numbers of pieces of equipment: (1) New hermetically sealed

- pressure switchgear durin g the year

. (2) New SF 6 - or PFC

- insulated equipment other than hermetically sealed

- pressure switchgear during the year

. ( 3 ) Retired hermetically sealed

- pressure switchgear during the year

. (4) Retired SF 6 - or PFC

- insulated equipment other than hermetical ly sealed

- pressure switchgear during the year

.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 251 of 290 Subpart FF

— Underground Coal Mines
56. 58. Section 98.323 is amended by: a. Revising paragraph (a) introductory text; b a . Revising parameter s “ CH 4V , ” “V,” “C,” “n , ” “T,” and “P” of Equation FF

- 1 in paragraph (a);

c b

. Removing and reserving Revising paragraph (a)(1) introductory text and ; d. Revising paragraph (a)(2); e. Revising paragraph (a)(3) introductory text; f. Revising Equation FF

- 2 in paragraph (a)(3); g. Revising parameter “CH 4v ” and adding parameter “Mo” to Equation FF

- 2 in paragraph (a)(3);
h c . Revising parameter “CH 4D ” and “n” of Equation FF

- 3 in paragraph (b); and
i d . Revising paragraph (b)(1) and paragraph (b)(2) introductory text. The revisions and additions read as foll ows: § 98.323 Calculating GHG emissions. (a) For each ventilation shaft, vent hole, or centralized point into which CH 4 from multiple shafts and/or vent holes are collected, you must calculate the monthly CH 4 liberated from the ventilation system using Eq uation FF

- 1 of this section. You must measure CH 4 content, flow rate, temperature, pressure, and moisture content of the gas using the procedures outlined in § 98.324.

* * * * *

CH 4V = Monthly CH 4 liberated from a ventilation monitoring point (metric tons CH 4 ).DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 252 of 290 V = Volumetric flow rate for the month (acfm) based on sampling or a flow rate meter. If a flow rate meter is used and the meter automatically corrects to standard temperature and pressure, then use scfm and replace “520°R/T × P/1 atm” with “1”.

* * * * *

C = CH 4 concentration of ventilation gas for the month (%). n = The number of days in the quarter where active ventilation of mining operations is taking place at the monitoring point. To obtain the number of days in the month quarter , divide the total number of hours in the month quarter where active ventilation is taking place by 24 hours per day.

* * * * *

T = Temperature at which flow is measured (°R) for the month. P = Absolute pressure at which flow is measured (atm) for the month. The annual aver age barometric pressure from the nearest NOAA weather service station may be used as a default. (1) The quarterly periods are:

* * * * * (2) Values of V, C, T, P, and, if applicable, (f H2O ), must be based on measurements taken at least once each month quarter with no fewer than 2 6 weeks between measurements. If measurements are taken more frequently than once per month quarter , then use the average value for all measurements taken that month quarter . If continuous measurements are taken, then use the ave rage value over the time period of continuous monitoring. (3) Quarterly total CH 4 liberated from ventilation systems for the mine must be determined as the sum of CH 4 liberated determined at each of the monitoring points in the mine, summed over the number of months in the quarter, as follows:

CH 4 VVVV = ∑ ∑ ( CH 4 VV ) ii , jj MM jj = 1 mm ii = 1 (Eq. FF

- 2) Where:
* * * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 253 of 290 (CH 4V ) i,j = Monthly CH 4 liberated from each ventilation monitoring point (metric tons CH 4 ).

* * * * *

Mo = Number of months in the quarter during which the ventilation system is operated. (b) * * *

* * * * *

CH 4D = Weekly CH 4 liberated from the monitoring point (metric tons CH 4 ).

* * * * *

n = The number of days in the week that the system is operational at that measurement point. To obtain t he number of days in the week, divide the total number of hours that the system is operational by 24 hours per day.

* * * * * (1) Values for V, C, T, P, and, if applicable, (f H2O ), must be based on measurements taken at least once each calendar week with a t least 3 days between measurements. If measurements are taken more frequently than once per week, then use the average value for all measurements taken that week. If continuous measurements are taken, then use the average values over the time period of co ntinuous monitoring when the continuous monitoring equipment is properly functioning. (2) Quarterly total CH 4 liberated from degasification systems for the mine must be determined as the sum of CH 4 liberated determined at each of the monitoring points in t he mine, summed over the number of weeks in the quarter, as follows:

* * * * *
57. 59. Section 98.324 is amended by: a. Revising paragraph (b)(1);DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 254 of 290 b. Removing and reserving paragraph (b)(2); and c. Revising paragraph (h). The revisions read as follows: § 98.324 Monitoring and QA/QC requirements.

* * * * * (b) * * * (1) Collect monthly quarterly or more frequent grab samples (with no fewer than 2 6 weeks between measurements) for methane concentration and make monthly quarterly measurements of flow rate, temperature, pressure, and, if applicable, moisture content. The sampling and measurements must be made at the same locations as Mine Safety and Health Administration (MSHA) inspection samples are taken, and should be taken when the mine is operating under normal conditions. You must follow MSHA sampling procedures as set forth in the MSHA Handbook entitled, Coal Mine Safety and Health General Inspection Procedures Handbook Number: PH13

- V

- 1, February 2013 (incorporated by referenc e, see § 98.7). You must record the date of sampling, flow, temperature, pressure, and moisture measurements, the methane concentration (percent), the bottle number of samples collected, and the location of the measurement or collection

.

* * * * * (h) The owner or operator shall document the procedures used to ensure the accuracy of gas flow rate, gas composition, temperature, pressure, and moisture content measurements. These procedures include, but are not limited to, calibration of flow meters, and other measurement devices. The estimated accuracy of measurements, and the technical basis for the estimated accuracy shall be recorded.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 255 of 290 58. 60. Section 98.326 is amended by revising paragraphs (a), (f) through (i), (o), (r)(2) and (r)(3), and adding paragraph (u) to r ead as follows: § 98.326 Data reporting requirements.

* * * * * (a) Monthly CH 4 liberated from each ventilation monitoring point, (metric tons CH 4 ).

* * * * * (f) Monthly Quarterly volumetric flow rate for each ventilation monitoring point and units of measure (scfm or acfm), date and location of each measurement, and method of measurement ( monthly quarterl y sampling or continuous monitoring), used in Equation FF

- 1 of this subpart. Specify whether the volumetric flow rate measurement at each ventilation monitoring point is on dry basis or wet basis; or, if a flow meter is used, indicate whether or not the flow meter automatically corrects for moisture content. (g) Monthly Quarterly CH 4 concentration for each ventilation monitoring point, dates and locations of each measurement, and method of measurement (sampling or continuous monitoring). Specify whether the CH 4 concentration measurement at each ventilation monitoring point is on dry basis or wet basis. (h) Weekly volumetric flow rate used to calcu late CH 4 liberated from degasification systems and units of measure (acfm or scfm), and method of measurement (sampling or continuous monitoring), used in Equation FF

- 3 of this subpart. Specify whether the volumetric flow rate measurement at each degasific ation monitoring point is on dry basis or wet basis; or, if a flow meter is used, indicate whether or not the flow meter automatically corrects for moisture
content.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 256 of 290 (i) Quarterly CH 4 concentration (%) used to calculate CH 4 liberated from degasification
sy stems, and if the data is based on CEMS or weekly sampling. Specify whether the CH 4 concentration measurement at each degasification monitoring point is on dry basis or wet basis.

* * * * * (o) Temperature (°R), pressure (atm), moisture content (if applica ble), and the moisture correction factor (if applicable ) used in Equation s FF

- 1 and FF

- 3 of this subpart; and the gaseous organic concentration correction factor, if Equation FF

- 9 was required. Moisture content is required to be reported only if CH 4 concen tration is measured on a wet basis and volumetric flow is measured on a dry basis, if CH 4 concentration is measured on a dry basis and volumetric flow is measured on a wet basis ; or, if a flow meter is used, the flow meter does not automatically correct fo r moisture content.

* * * * * (r) * * * (2) Start date and close date of each well, shaft, and vent hole. If the well, shaft, or vent hole is operating through the end of the reporting year, December 31 st of the reporting year shall be the close date for p urposes of reporting. (3) Number of days the well, shaft, or vent hole was in operation during the reporting
year. To obtain the number of days in the reporting year, divide the total number of hours that the system was in operation by 24 hours per day.

* * * * * (u) Annual coal production in short tons for the reporting year.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 257 of 290 Subpart HH

— Municipal Solid Waste Landfills
59. 61. Section 98.346 is amended by r evising paragraph s (f) , (i)(5) , and (i)(7) , and a dding paragraph (i)(13) to read as follows: § 98.346 Data reporting requirements.

* * * * * (f) The surface area of the landfill containing waste (in square meters), identification of the type(s) of cover material used (as either organic cover, clay cover, sand cover, or other soil mixtures).

* * * * * (i) * * * (5) An indication of whether destruction occurs at the landfill facility, off

- site, or both. If destruction occurs at the landfill facility, also report for each measurement location: (i) T he number of destruction devices associated with th e measurement l ocation

. (ii) T he annual operating hours of the gas collection system associated with th e measurement location, (iii) For each destruction device associated with th e measurement location , report: (A) T he destruction efficiency ( decimal )

. (B) The annual ope rating hours where active gas flow was sent to the destruction device

.

* * * * * (7) A description of the gas collection system (manufacturer, capacity, and number of wells), the surface area (square meters) and estimated waste depth (meters) for each area specified in Table HH

- 3 to this subpart, the estimated gas collection system efficiency for landfills with this gas collection system and an indication of whether the gas collection efficiencyDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 258 of 290 was determined on an area

- weighted average basis (Option 1) or a volume

- weighted average basis (Option 2) , and an indication of whether passive vents and/or passive flares (vents or flares that are not considered part of the gas collection system as defined in § 98.6) are present at the landfill

.

* * * * * (13) Meth ane emissions for the landfill (i.e., the subpart HH total methane emissions). Choose the methane emissions from either Equation HH

- 6 of this subpart or Equation HH

- 8 of this subpart that best represents the emissions from the landfill. If the quantity of recovered CH 4 from Equation HH

- 4 of this subpart is used as the value of G CH4 in Equation HH

- 6 of this subpart, use the methane emissions calculated using Equation HH

- 8 of this subpart as the methane emissions for the landfill

. 60. 62. Section 98.348 is amended by adding definitions for “Active venting,” “Alternative final cover,” “Intermediate or interim cover,” and “Passive vent” in alphabetical order to read as follows: § 98.348 Definitions.

* * * * * Active venting means a pipe or a system of pipes used with a fan or similar mechanical draft equipment (forced convection) used to actively assist the flow of landfill gas to the surface of the landfill where the landfill gas is discharged either directly to the atmosphere or to a non

combustion control device (such as a carbon absorber) and then to the atmosphere. Alternative final cover means materials, other than soil, used at a landfill that meets final closure regulations of the competent fede ral, state, or local authority. Alternative final covers may include, but are not limited to, evapotranspiration covers, capillary barrier covers, asph altDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 259 of 290 covers, or concrete covers. The state, local, or other agency responsible for permitting the landfill determines whether an alternat ive final cover meets the applicable regulatory requirements and has been shown to adequately protect human health and the environment.

* * * * * Intermediate or interim cover means the placement of material over waste in a landfill for a period of time p rior to the disposal of additional waste and/or final closure as defined by state regulation, permit, guidance or written plan, or state accepted best management practice

.

* * * * *
Passive vent means a pipe or a system of pipes that allows landfill gas to flow naturally, without the use of a fan or similar mechanical draft equipment, to the surface of the landfill where an opening or pipe (vent) allows for the free flow of landfill gas to the at mosphere or to a passive vent flare without diffusion through the top layer of surface soil.

* * * * *
61. 63. Table HH

- 3 to Subpart HH of Part 98 is amended by : a. Revising the row associated with “A5”; b. Adding a row for “ Weighted average collection efficienc y for landfills ” to follow the row associated with “A5”; and c. Revising the row “ Area weighted average collection efficiency for landfills ”; and d. Adding rows associated with “Option 2” to follow the new row “ Weighted average collection efficiency for l andfills .” The revision and additions read as follows:
Table HH
- 3 to Subpart HH of Part 98

— Landfill Gas Collection Efficiencies Description Landfill Gas Collection Efficiency

* * * * * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 260 of 290 A5: Area with a final soil cover of 3 feet or thicker of clay or alternative final cover (as approved by the relevant agency) and/or geomembrane cover system and active gas collection CE5: 95%.

Weighted average collection efficiency for landfills: Option 1: Area weighted average collection efficiency for landfills CEave1 = (A2*CE2 + A3*CE3 + A4*CE4 + A5*CE5) / (A2 + A3 + A4 + A5). Option 2: Volume weighted average collection efficiency for landfills, where D2, D3, D4 and D5 are the waste depths for areas A2, A3, A4 and A5, respectively, as described above. CEave1 = (A2*D2*CE2 + A3*D3*CE3 + A4*D4*CE4 + A5*D5*CE5) / (A2*D2 + A3*D3 + A4*D4 + A5*D5).
62. 64. Table HH

- 4 to Subpart HH of Part 98 is amended by: a. Revising the rows associated with “C2” through “C7”; b. Redesignating footnote “a” as footnote “b”; and c. Adding new footnote “ a ”

. The revisions and additions read as follows:
Table HH
- 4 to Subpart HH of Part 98

— Landfill Methane Oxidation Fractions

Under these conditions: Use this landfill methane oxidation fraction:

* * * * * * * C2: For landfills that have an alternative final cover (approved by the relevant agency) and/or a geomembrane (synthetic) cover with less than 12 inches of cover soil for greater than 50% of the landfill area containing waste 0.0

C3: For landfills that do not meet the conditions in C2 above and for which you elect not to determine methane flux, or for landfills with passive vents/passive flares that service greater than 50% of the landfill area containing waste, or for landfills with only passive vents/passive flares or active venting 0.10

C4: For landfills that do not meet the conditions in C2 above and that do not have intermediate or interim cover a for greater than 50% of the landfill area containing waste 0.10

C5: For landfills that have intermediate or interim cover a for greater than 50% of the landfill area containing waste and for which the methane flux rate b is less than 10 grams per square meter per day (g/m 2 /d) 0.35DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 261 of 290
C6: For landfills that have intermediate or interim cover a for greater than 50% of the landfill area containing waste and for which the methane flux rate b is 10 to 70 g/m 2 /d 0.25

C7: For landfills that have intermediate or interim cover a for greater than 50% of the landfill area containing waste and for which the methane flux rate b is greater than 7 0 g/m 2 /d 0.10

a Where a landfill is located in a state that does not have an intermediate or interim cover requirement, the landfill must have soil cover of 12 inches or greater in order to use an oxidation fraction of 0.25 or 0.35. b Methane flux rate (in grams per square meter per day; g/m 2 /d) is the mass flow rate of methane per unit area at the bottom of the surface soil prior to any oxidation and is calculated as follows:
* * * * * Subpart II

— Industrial Wastewater Treatment
63. 65. Section 98.356 is amende d by r evising paragraph (a) introductory text and a dding paragraph (b)(6) to read as follows : § 98.356 Data reporting requirements.

* * * * * (a) Identify the anaerobic processes used in the industrial wastewater treatment system to treat industrial waste water and industrial wastewater treatment sludge, provide a unique identifier for each anaerobic process, indicate the average depth in meters of each anaerobic lagoon, and indicate whether biogas generated by each anaerobic process is recovered. Provide a description or diagram of the industrial wastewater treatment system, identifying the processes used, indicating how the processes are related to each other, and providing a unique identifier for each anaerobic process. Each anaerobic processes must be id entified as one of the following:

* * * * * (b) * * * (6) If the facility performs an ethanol production processing operation as defined in § 98.358 of this subpart, you must indicate if the facility uses a wet milling process or a dry milling
process.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 262 of 2 90

* * * * *
64. 66. Section 98.358 is amended by adding definitions for “Dry milling,” “Wet milling,” and “Weekly average” in alphabetical order to read as follows: § 98.358 Definitions.

* * * * * Dry milling means the process in which shelled corn is milled by dry pr ocess, without an initial steeping step.

* * * * * Wet milling means the process in which shelled corn is steeped in a dilute solution of sulfurous acid (sulfur dioxide dissolved in water) prior to further processing. Weekly average means the sum of all va lues measured in a calendar week divided by the number of measurements. Subpart LL

— Suppliers of Coal
- based Liquid Fuels
65. 67. Section 98.382 is amended to read as follows: § 98.382 GHGs to report. Suppliers of c oal

- based liquid f uels must report the CO 2 emission s that would result from the complete combustion or oxidation of fossil

- fuel products (besides coal or crude oil) produce d , use d as feedstock, import ed , or export ed during the calendar year. Additionally, producers must report CO 2 emissions that would result from the complete combustion or oxidation of any biomass co

- processed with fossil fuel

- based feedstocks.
66. 68. Section 98.383 is amended to read as follows: § 98.383 Calculating GHG emissions.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 263 of 290 Suppliers of coal

- based liquid fuels mus t follow the calculation methods of § 98.393 as if they applied to the appropriate coal

- to

- liquid product supplier (i.e., calculation methods for refiners apply to producers of coal

- to

- liquid products and calculation methods for importers and exporters of petroleum products apply to importers and exporters of coal

- to

- liquid products). (a) In calculation methods in § 98.393 for petroleum products or petroleum

- based products, suppliers of coal

- to

- liquid products shall also include coal

- to

- liquid products. (b) In calculation methods in § 98.393 for non

- crude feedstocks or non

- crude petroleum feedstocks, producers of coal

- to

- liquid products shall also include coal

- to

- liquid products that enter the facility to be further processed or otherwise used on site. (c) I n calculation methods in § 98.393 for petroleum feedstocks, suppliers of coal

- to

liquid products shall also include coal and coal

- to

- liquid products that enter the facility to be further processed or otherwise used on site.
67. 69. Section 98.384 is amended to rea d as follows: § 98.384 Monitoring and QA/QC requirements. Suppliers of coal

- based liquid fuels must follow the monitoring and QA/QC requirements in § 98.394 as if they applied to the appropriate coal

- to

- liquid product supplier. Any monitoring and QA/QC req uirement for petroleum products in § 98.394 also applies to coal

- to

- liquid products.
68. 70. Section 98.385 is amended to read as follows: § 98.385 Procedures for estimating missing data. Suppliers of coal

- based liquid fuels must follow the procedures for estimati ng missing data in § 98.395 as if they applied to the appropriate coal

- to

- liquid product supplier. AnyDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 264 of 290 procedure for estimating missing data for petroleum products in § 98.395 also applies to coal

- to

liquid products.
69. 71. Section 98.386 is amended by: a. Removi ng and reserving paragraphs (a)(4), (a)(8), and (a)(15); b. Revising paragraphs (a)(9) introductory text, (a)(10) introductory text, (a)(11) introductory text, and (a)(20); c. Removing and reserving paragraph (b)(4); d. Revising paragraphs (b)(5) introduc tory text and (b)(6) introductory text; e. Removing and reserving paragraph (c)(4); and f. Revising paragraphs (c)(5) introductory text and (c)(6) introductory text

. The revisions read as follows: § 98.386 Data reporting requirements. In addition to the information required by § 98.3(c), the following requirements apply: (a) * * * (9) For every feedstock reported in paragraph (a)(2) of this section for which Calculation Method 2 of subpart MM of this part was used to determine an emissions factor, report:

* * * * * (10) For every non

- solid feedstock reported in paragraph (a)(2) of this section for which Calculation Method 2 of subpart MM of this part was used to determine an emissions factor, report:

* * * * * (11) For every product reported in paragraph (a)(6) of this section for which Calculation Method 2 of this subpart was used to determine an emissions factor, report:DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 265 of 290

* * * * * (20) Annual quantity of bulk NGLs in metric tons or barrels received for processing during the reporting year. Report only quantities of bulk NGLs not reported in (a)(2) of this section. (b) * * * (5) For each product reported in paragraph (b)(2) of this section for which Calculation Method 2 of this subpart used was used to determine an emissions factor, report:

* * * * * (6) For each non

- solid product reported in paragraph (b)(2) of this section for which Calculation Method 2 of this subpart was used to determine an emissions factor, report:

* * * * * (c) * * * (5) For each product reported in paragraph (c)(2) of this sec tion for which Calculation Method 2 of this subpart was used to determine an emissions factor, report:

* * * * * (6) For each non

- solid product reported in paragraph (c)(2) of this section for which Calculation Method 2 of this subpart used was used to de termine an emissions factor, report:

* * * * *
70. 72. Section 98.387 is amended to read as follows: § 98.387 Records that must be retained. Suppliers of coal

- based liquid fuels must retain records according to the requirements in § 98.397 as if they applied to th e appropriate coal

- to

- liquid product supplier (e.g., retaining copies of all reports submitted to EPA under § 98.386 and records to support informationDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 266 of 290 contained in those reports). Any records for petroleum products that are required to be retained in § 98 .397 are also required for coal

- to

- liquid products. Subpart MM

— Suppliers of Petroleum Products
71. 73. Section 98.395 is amended by removing paragraph (c). Subpart NN

— Suppliers of Natural Gas and Natural Gas Liquids
72. 74. Section 98.401 is amended to read as follows: § 98.401 Reporting threshold. Any supplier of natural gas and natural gas liquids that meets the requirements of § 98.2(a)(4) must report GHG emissions associated with the products they supply.
73. 75. Section 98.403 is amended by: a. Revising paragraph (a)(1) introductory text; b. Revising parameter “CO 2

. ” of Equation NN

- 1 in paragraph (a)(1); c. Revising paragraph (a)(2) introductory text; d. Revising parameter “CO 2

. ” of Equation NN

- 2 in paragraph (a)(2); e. Revising parameters “CO 2

. ” and “Fuel” of Equation NN

- 3 in paragraph (b)(1) introductory text; f. Revising parameter “CO 2

. ” of Equation NN

- 4 in paragraph (b)(2)(ii); g. Revising parameter “CO 2

. ” and “EF” of Equation NN

- 5a in paragraph (b)(3)(i); h. Revising parameter “CO 2

. ” of Equation NN

- 5b in paragraph (b)(3)(ii); i. Revising the parameters of Equation NN

- 6 in paragraph (b)(4); j. Revising parameters “CO 2

. ” and “Fuel g ” of Equation NN

- 7 in paragraph (c)(1)(ii); and k. Revising the parameters of Equation NN

- 8 in paragraph (c)(2). The revisions read as follows:DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 267 of 290 § 98.403 Calculating GHG emissions. (a) * * * (1) Calculation Methodology 1

. NGL fractionators shall estimate CO 2 emissions that would result from the complete combustion or oxidation of the product(s) supplied using Equation NN

- 1 of this section . The annual volume of each NGL product supplied (Fuel h ) shall include any amount of that NGL supplied in a mixture or blend of two or more products listed in Tables NN

- 1 and NN

- 2 of this subpart. The annual volume of each NGL product supplied shall exclud e any amount of that NGL contained in bulk NGLs exiting the facility not fractionated by the reporter (e.g., y

- grade, o

- grade, and other bulk NGLs). LDCs shall estimate CO 2 emissions that would result from the complete combustion or oxidation of the natura l gas received at the city gate (including natural gas that is transported by, but not owned by, the reporter) using Equation NN

- 1 of this section. For each product, use the default value for higher heating value and CO 2 emission factor in Table NN

- 1 of th is subpart. Alternatively, for each product, a reporter

- specific higher heating value and CO 2 emission factor may be used, in place of one or both defaults provided they are developed using methods outlined in § 98.404. For each product, you must use the s ame volume unit throughout the equation.

* * * * *

CO 2i = Annual CO 2 mass emissions that would result from the combustion or oxidation of each product “h” for redelivery to all recipients (metric tons).

* * * * * (2) Calculation Methodology 2

. NGL fractionators shall estimate CO 2 emissions that would result from the complete combustion or oxidation of the product(s) supplied using Equation NN

- 2 of this section. The annual volume of each NGL product supplied (Fuel h ) shall include any amount of t hat NGL supplied in a mixture or blend of two or more products listed inDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 268 of 290 Tables NN

- 1 and NN

- 2 of this subpart. The annual volume of each NGL product supplied shall exclude any amount of that NGL contained in bulk NGLs exiting the facility not fractionated by the reporter (e.g., y

- grade, o

- grade, and other bulk NGLs). LDCs shall estimate CO 2 emissions that would result from the complete combustion or oxidation of the natural gas received at the city gate (including natural gas that is transported by, but not owned by, the reporter) using Equation NN

- 2 of this section. For each product, use the default CO 2 emission factor found in Table NN

- 2 of this subpart. Alternatively, for each product, a reporter

- specific CO 2 emission factor may be used in place of the de fault factor, provided it is developed using methods outlined in § 98.404. For each product, you must use the same volume unit throughout the equation.

* * * * *

CO 2i = Annual CO 2 mass emissions that would result from the combustion or oxidation of each pr oduct “h” (metric tons)

* * * * * (b) * * * (1) * * *

* * * * *

CO 2j = Annual CO 2 mass emissions that would result from the combustion or oxidation of natural gas for redelivery to transmission pipelines or other LDCs (metric tons). Fuel = Total annual vol ume of natural gas supplied to downstream gas transmission pipelines and other local distribution companies (Mscf per year).

* * * * * (2) * * * (ii) * * *

* * * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 269 of 290 CO 2k = Annual CO 2 mass emissions that would result from the combustion or oxidation of natural gas delivered to each large end

- user k, as defined in paragraph (b)(2)(i) of this section (metric tons).

* * * * * (3) * * * (i) * * *

* * * * *

CO 2l = Annual CO 2 mass emissions that would result from the combustion or oxidation of the net change in natural gas stored on system by the LDC within the reporting year (metric tons).

* * * * *

EF = CO 2 emission factor for natural gas placed into/removed from storage (MT CO 2 /Mscf). (ii) * * *

* * * * *

CO 2n = Annual CO 2 mass emissions that would result from the combustion or oxidation of natural gas received that bypassed the city gate and is not otherwise accounted for by Equation NN

- 1 or NN

- 2 of this section (metric tons).

* * * * * (4) * * *

* * * * *

CO 2 = Annual CO 2 mass emissions that would result from the combustion or oxidation of natural gas delivered to LDC end

- users not covered in paragraph (b)(2) of this section (metric tons). CO 2i = Annual CO 2 mass emissions that would result from the combustion or oxidation of natural gas received at the city gate as calculated in paragraph (a)(1) or (2) of this section (metric tons). CO 2j = Annual CO 2 mass emissions that would result from the combustion or oxidation of natural gas delivered to transmission pipelines or other LDCs as calculated in paragraph (b)(1) of this section (metric tons).DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 270 of 290 CO 2k = Annual CO 2 mass emissions that would result from the combustion or oxidation of natural gas delivered to each large end

- user as calculated in paragraph (b)(2) of this section (me tric tons). CO 2l = Annual CO 2 mass emissions that would result from the combustion or oxidation of the net change in natural gas stored by the LDC within the reported year as calculated in paragraph (b)(3)(i) of this section (metric tons). CO 2n = Annual CO 2 mass emissions that would result from the combustion or oxidation of natural gas that was received by the LDC directly from sources bypassing the city gate, and is not otherwise accounted for in Equation NN

1 or NN

- 2 of this section, as calculated in par agraph (b)(3)(ii) of this section (metric tons). (c) * * * (1) * * * (ii) * * *

* * * * *

CO 2m = Annual CO 2 mass emissions that would result from the combustion or oxidation of each fractionated NGL product “g” received from other fractionators (metric tons). Fuel g = Total annual volume of each NGL product “g” received from other fractionators (bbls).

* * * * * (2) * * *

* * * * *

CO 2 = Annual CO 2 mass emissions that would result from the combustion or oxidation of fractionated NGLs delivered to customers or on behalf of customers less the quantity received from other fractionators (metric tons). CO 2i = Annual C O 2 mass emissions that would result from the combustion or oxidation of fractionated NGLs delivered to all customers or on behalf of customers as calculated in paragraph (a)(1) or (a)(2) of this section (metric tons). CO 2m = Annual CO 2 mass emissions that would result from the combustion or oxidation of fractionated NGLs received from other fractionators and calculated in paragraph (c)(1) of this section (metric tons).DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 271 of 290 74. 76. Section 98.404 is amended by revising paragraph (a) introductory tex t and paragraphs (a)(3) and (a)(4) to read as follows: § 98.404 Monitoring and QA/QC requirements. (a) Determination of quantity

. (1) NGL fractionators and LDCs shall determine the quantity of NGLs and natural gas using methods in common use in the indust ry for billing purposes as audited under existing Sarbanes Oxley regulation.

* * * * * (3) NGL fractionators shall use measurement for NGLs at custody transfer meters or at such meters that are used to determine the NGL product slate delivered from the fra ctionation facility. (4) If a NGL fractionator supplies a product that is a mixture or blend of two or more products listed in Tables NN

- 1 and NN

- 2 of this subpart, the NGL fractionator shall report the quantities of the constituents of the mixtures or ble nds separately.

* * * * *
75. 77. Section 98.406 is amended by:

a. Revising paragraphs (a)(1) and (a)(2); b. Revising paragraphs (b)(1), (b)(6), (b)(12), and (b)(13) introductory text; and c. Adding paragraph (b)(14). The revisions read as follows: § 98.406 Data reporting requirements. (a) * * * (1) Annual quantity (in barrels) of each NGL product supplied (including fractionated NGL products received from other NGL fractionators) in the following product categories:DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 272 of 290 ethane, propane, normal butane, isobutane, an d pentanes plus (Fuel h in Equations NN

- 1 and NN

2). (2) Annual quantity (in barrels) of each NGL product received from other NGL fractionators in the following product categories: ethane, propane, normal butane, isobutane, and pentanes plus (Fuel g in Equat ion NN

- 7).

* * * * * (b) * * * (1) Annual volume in Mscf of natural gas received by the LDC at its city gate stations for redelivery on the LDC's distribution system, including for use by the LDC (Fuel h in Equations
NN

- 1 and NN

- 2).

* * * * * (6) Annual vol ume in Mscf of natural gas delivered to downstream gas transmission pipelines and other local distribution companies (Fuel in Equation NN

- 3).

* * * * * (12) For each large end

- user reported in paragraph (b)(7) of this section, report: (i) The customer name , address, and meter number(s)

. (ii) Whether the quantity of natural gas reported in paragraph (b)(7) of this section is the total quantity delivered to a large end

- user's facility, or the quantity delivered to a specific meter located at the facility. (iii) If known, report the EIA identification number of each LDC customer. (13) The annual volume in Mscf of natural gas delivered by the LDC (including natural gas that is not owned by the LDC) to each of the following end

- use categories. For definitions ofDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 273 of 290 these categories, refer to EIA Form 176 (Annual Report of Natural Gas and Supplemental Gas Supply & Disposition) and Instructions.

* * * * * (14) The name of the U.S. state or territory covered in this report submission.

* * * * *
76. 78. Table NN

- 2 to subpart NN of part 98 is amended by revising the title to the table and the heading of the third column to read as follows:
Table NN
- 2 to Subpart NN of Part 98

— Default Factors for Calculation Methodology 2 of This Subpart

Fuel Unit Default CO 2 emission factor (MT CO 2 /Unit) 1

* * * * * * *

1 Conditions for emission value presented in MT CO 2 /bbl are 60 °F and saturation pressure. Subpart OO

— Suppliers of Industrial Greenhouse Gases
77. 79. Section 98.410 is amended by r evising paragraph (a) and a dding paragraphs (d) and (e) to read as follows: § 98.410 Definition of the source category. (a) The industrial gas supplier source category consists of any facility that produces fluorinated GHGs, fluorinated HTFs, or nitrous oxide; any bulk importer of fluorinated GHGs, fluorina ted HTFs, or nitrous oxide; any bulk exporter of fluorinated GHGs, fluorinated HTFs, or nitrous oxide; and any facility that destroys fluorinated GHGs or fluorinated HTFs.

* * * * * (d) To produce a fluorinated HTF means to manufacture, from any raw materi al or feedstock chemical, a fluorinated GHG used for temperature control, device testing, cleaning substrate surfaces and other parts, and soldering in processes including but not limited to certainDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 274 of 290 types of electronics manufacturing production processes. Fluorinated heat transfer fluids do not include fluorinated GHGs used as lubricants or surfactants. For fluorinated heat transfer fluids under this subpart OO , the lower vapor pressure limit of 1 mm Hg in absolute at 25 °C in the definition of f luorinated greenhouse gas in § 98.6 shall not apply. Fluorinated heat transfer fluids include, but are not limited to, perfluoropolyethers, perfluoroalkanes, perfluoroethers, tertiary perfluoroamines, and perfluorocyclic ethers. Producing a fluorinated HTF does not i nclude the

reuse o r recycling of a fluorinated HTF, the creation of intermediates, or the creation of fluorinated HTFs that are released or destroyed at the production facility before the production measurement at § 98.414(a). (e) For purposes of this subpart OO, to destroy fluorinated GHGs or fluorinated HTFs
means to cause the expiration of a previously produced (as defined at § 98.410(b) and (d)) fluorinated GHG or fluorinated HTF to the destruction efficiency actually achiev ed. Such destruction does not result in a commercially useful end product . For purposes of this subpart OO, such destruction does not include HFC

- 23 destruction as defined at § 98.150 or the dissociation of fluorinated GHGs that occurs during electronics m anufacturing as defined at §
98.90 . For example, such destruction does not include the dissociation of fluorinated GHGs that occurs during etch or chamber cleaning processes or during use of abatement systems that treat the fluorinated GHGs vented from suc h processes at electronics manufacturing facilities.
78. 80. Section 98.412 is amended to read as follows § 98.412 GHGs to report. You must report the GHG emissions that would result from the release of the nitrous oxide and each fluorinated GHG or fluorinated HTF that you produce, import, export, transform, or destroy during the calendar year.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 275 of 290 79. 81. Section 98.41 3 is amended by: a. Revising paragraph (a) introductory text ; b. Revising parameters “ P ” and “ P p ” of Equation OO

- 1 in paragraph ( a );

c. Revising paragraph ( b ) introductory text ; d

. Revising parameters “ P p , ” “ O p , ” and “ U p ” of Equation OO

- 2 in paragraph ( b );

e. Revising paragraph ( c ) introductory text ; f

. Revising parameters “ T ” and “ E T ” of Equation OO

- 3 in paragraph ( c );
g. Revising paragraph ( d ) introductory text ; and h. Revising parameters “ D ” and “ F D ” of Equation OO

- 4 in paragraph ( d )

. The revisions read as follows: § 98.413 Calculating GHG emissions. (a) Calculate the total mass of each fluorinated GHG, fluorinated HTF, or nitrous oxide produ ced annually, except for amounts that are captured solely to be shipped off site for destruction, by using Equation OO

- 1 of this section:

* * * * *

P = Mass of fluorinated GHG, fluorinated HTF, or nitrous oxide produced annually. P p = Mass of fluorinated G HG, fluorinated HTF, or nitrous oxide produced over the period “p”. (b) Calculate the total mass of each fluorinated GHG, fluorinated HTF, or nitrous oxide produced over the period “p” by using Equation OO

- 2 of this section:

* * * * *

P p = Mass of fluorinated GHG, fluorinated HTF, or nitrous oxide produced over the period “p” (metric tons).DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 276 of 290 O p = Mass of fluorinated GHG, fluorinated HTF, or nitrous oxide that is measured coming out of the production process over the period p (metric tons). U p = Mass of used fluorinated GHG, fluorinated HTF, or nitrous oxide that is added to the production process upstream of the output measurement over the period “p” (metric tons). (c) Calculate the total mass of each fluorinated GHG, fluorinated HTF, or nitrous oxide transformed by using Equation OO

- 3 of this section:

* * * * *

T = Mass of fluorinated GHG, fluorinated HTF, or nitrous oxide transformed annually (metric tons).

* * * * *

E T = The fraction of the fluorinated GHG, fluorinated HTF, or nitrous oxide fed int o the transformation process that is transformed in the process (metric tons). (d) Calculate the total mass of each fluorinated GHG or fluorinated HTF destroyed by using Equation OO

- 4 of this section:

* * * * *

D = Mass of fluorinated GHG or fluorinated HT F destroyed annually (metric tons). F D = Mass of fluorinated GHG or fluorinated HTF fed into the destruction device annually (metric tons).

* * * * *
80. 82. Section 98.414 is amended by r evising paragraphs (a) through (i) , (l), (n) introductory text, (n)(3) through (n)(5), and (o) to read as follows: § 98.414 Monitoring and QA/QC requirements. (a) The mass of fluorinated GHGs, fluorinated HTFs, or nitrous oxide coming out of the production process shall be measured using flowmeters, weigh scales, or a combination ofDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 277 of 290 volumetric and density measurements with an accuracy and precision of one percen t of full scale or better. If the measured mass includes more than one fluorinated GHG or fluorinated HTF, the concentrations of each of the fluorinated GHGs or fluorinated HTFs, other than low

concentration constituents, shall be measured as set forth in paragraph (n) of this section. For each fluorinated GHG or fluorinated HTF, the mean of the concentrations of that fluorinated GHG (mass fraction) measured under paragraph (n) of this section shall be multiplied by the mass measurement to obtain the mass o f that fluorinated GHG or fluorinated HTF coming out of the production process. (b) The mass of any used fluorinated GHGs, fluorinated HTFs, or used nitrous oxide added back into the production process upstream of the output measurement in paragraph (a) of this section shall be measured using flowmeters, weigh scales, or a combination of volumetric and density measurements with an accuracy and precision of one percent of full scale or better. If the mass in paragraph (a) of this section is measured by weigh ing containers that include returned heels as well as newly produced fluorinated GHGs or fluorinated HTFs, the returned heels shall be considered used fluorinated GHGs or fluorinated HTFs for purposes of this paragraph (b) of this section and § 98.413(b). (c) The mass of fluorinated GHGs, fluorinated HTFs, or nitrous oxide fed into the transformation process shall be measured using flowmeters, weigh scales, or a combination of volumetric and density measurements with an accuracy and precision of one percent of full scale or better. (d) The fraction of the fluorinated GHGs, fluorinated HTFs, or nitrous oxide fed into the transformation process that is actually transformed shall be estimated considering yieldDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 278 of 290 calculations or quantities of unreacted fluorinated GHGs, fluorinated HTFs, or nitrous oxide permanently removed from the process and recovered, destroyed, or emitted. (e) The mass of fluorinated GHGs, fluorinated HTFs, or nitrous oxide sent to another facility for transformation shall be measured using fl owmeters, weigh scales, or a combination of volumetric and density measurements with an accuracy and precision of one percent of full scale or better. (f) The mass of fluorinated GHGs or fluorinated HTFs sent to another facility for destruction shall be me asured using flowmeters, weigh scales, or a combination of volumetric and density measurements with an accuracy and precision of one percent of full scale or better. If the measured mass includes more than trace concentrations of materials other than the
f luorinated GHG or fluorinated HTF, the concentration of the fluorinated GHG or fluorinated HTF shall be estimated considering current or previous representative concentration measurements and other relevant process information. This concentration (mass fra ction) shall be multiplied by the mass measurement to obtain the mass of the fluorinated GHG or fluorinated HTF sent to another facility for destruction. (g) You must estimate the share of the mass of fluorinated GHGs or fluorinated HTFs in paragraph (f) o f this section that is comprised of fluorinated GHGs or fluorinated HTFs that are not included in the mass produced in § 98.413(a) because they are removed from the production process as by

- products or other wastes. (h) You must measure the mass of each fl uorinated GHG or fluorinated HTF that is fed into the destruction device and that was previously produced as defined at § 98.410(b). Such fluorinated GHGs or fluorinated HTFs include but are not limited to quantities that are shipped to the facility by ano ther facility for destruction and quantities that are returned to the facility forDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 279 of 290 reclamation but are found to be irretrievably contaminated and are therefore destroyed. You must use flowmeters, weigh scales, or a combination of volumetric and density mea surements with an accuracy and precision of one percent of full scale or better. If the measured mass includes more than trace concentrations of materials other than the fluorinated GHG or fluorinated HTF being destroyed, you must estimate the concentratio ns of the fluorinated GHG or fluorinated HTF being destroyed considering current or previous representative concentration measurements and other relevant process information. You must multiply this concentration (mass fraction) by the
mass measurement to o btain the mass of the fluorinated GHG or fluorinated HTF fed into the destruction device. (i) Very small quantities of fluorinated GHGs or fluorinated HTFs that are difficult to measure because they are entrained in other media such as destroyed filters an d destroyed sample containers are exempt from paragraphs (f) and (h) of this section.

* * * * * (l) In their estimates of the mass of fluorinated GHGs or fluorinated HTFs destroyed, facilities that destroy fluorinated GHGs or fluorinated HTFs shall account for any temporary reductions in the destruction efficiency that result from any startups, shutdowns, or malfunctions of the destruction device, including departures from the operating conditions defined in state or local permitting requirements and/or oxi dizer manufacturer specifications.

* * * * * (n) If the mass coming out of the production process includes more than one fluorinated GHG or fluorinated HTF, you shall measure the concentrations of all of the fluorinated GHGs or fluorinated HTFs, other than low

- concentration constituents, as follows:

* * * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 280 of 290 (3) Frequency of measurement. Perform the measurements at least once by February 15, 2011 if the fluorinated GHG product is being produced on December 17, 2010. Perform the measurements within 60 days of commencing production of any fluorinated GHG product that was not being produced on December 17, 2010. For fluorinated HTF products, perform the measurements at least once by February 15, 2017, if the fluorinated HTF product is being produced on January 1, 2017. Repeat the measurements if an operational or process change occurs that could change the identities or significantly change the concentrations of the fluorinated GHG or fluorinated HTF constituents of the fluorinated GHG or fluorinated HTF produc t. Complete the repeat measurements within 60 days of the operational or process change. (4) Measure all product grades. Where a fluorinated GHG or fluorinated HTF is produced at more than one purity level ( e.g., pharmaceutical grade and refrigerant grade) , perform the measurements for each purity level. (5) Number of samples. Analyze a minimum of three samples of the fluorinated GHGs or fluorinated HTF product that have been drawn under conditions that are representative of the process producing the fluori nated GHGs or fluorinated HTF product. If the relative standard deviation of the measured concentrations of any of the fluorinated GHGs or fluorinated HTF constituents (other than low

- concentration constituents) is greater than or equal to 15 percent, draw and analyze enough additional samples to achieve a total of at least six samples of the fluorinated GHG or fluorinated HTF product. (o) All analytical equipment used to determine the concentration of fluorinated GHGs or fluorinated HTFs, including but not limited to gas chromatographs and associated detectors, IR, FTIR and NMR devices, shall be calibrated at a frequency needed to support the type of analysis specified in the site GHG Monitoring Plan as required under §§ 98.414(n) and 98.3(g)(5) of thisDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 281 of 290 par t. Quality assurance samples at the concentrations of concern shall be used for the calibration. Such quality assurance samples shall consist of or be prepared from certified standards of the analytes of concern where available; if not available, calibrati on shall be performed by a method specified in the GHG Monitoring Plan.

* * * * *
81. 83. Section 98.416 is amended by: a. Revising paragraph (a); b. Revising paragraphs (b) introductory text, (b)(3), and (b)(6); c. Revising paragraphs (c) introductory text, (c)( 1) through (c)(6), and (c)(8) through (c) (10); d. Revising paragraphs (d) introductory text, (d)(1), and (d)(4) through (d)(6); and e. Adding paragraphs (i) and (j). The revisions and additions read as follows: § 98.416 Data reporting requirements.

* * * * * (a) Each fluorinated GHG, fluorinated HTF, or nitrous oxide production facility shall report the following information: (1) Mass in metric tons of each fluorinated GHG, fluorinated HTF, or nitrous oxide produced at that facility by process, except fo r amounts that are captured solely to be shipped off site for destruction. (2) Mass in metric tons of each fluorinated GHG, fluorinated HTF, or nitrous oxide transformed at that facility, by process.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 282 of 290 (3) Mass in metric tons of each fluorinated GHG or fluor inated HTF that is destroyed at that facility and that was previously produced as defined at § 98.410(b). Quantities to be reported under this paragraph (a)(3) of this section include but are not limited to quantities that are shipped to the facility by an other facility for destruction and quantities that are returned to the facility for reclamation but are found to be irretrievably contaminated and are therefore destroyed. (4) [Reserved] (5) Total mass in metric tons of each fluorinated GHG, fluorinated HT F, or nitrous oxide sent to another facility for transformation. (6) Total mass in metric tons of each fluorinated GHG or fluorinated HTF sent to another facility for destruction, except fluorinated GHGs and fluorinated HTFs that are not included in the ma ss produced in § 98.413(a) because they are removed from the production process as by

products or other wastes. Quantities to be reported under this paragraph (a)(6) could include, for example, fluorinated GHGs that are returned to the facility for reclama tion but are found to be irretrievably contaminated and are therefore sent to another facility for destruction. (7) Total mass in metric tons of each fluorinated GHG or fluorinated HTF that is sent to another facility for destruction and that is not includ ed in the mass produced in § 98.413(a) because it is removed from the production process as a byproduct or other waste. (8)

- (9) [Reserved] (10) Mass in metric tons of any fluorinated GHG, fluorinated HTF, or nitrous oxide fed into the transformation proces s, by process. (11) Mass in metric tons of each fluorinated GHG or fluorinated HTF that is fed into the destruction device and that was previously produced as defined at § 98.410(b). Quantities to beDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 283 of 290 reported under this paragraph (a)(11) of this section in clude but are not limited to quantities that are shipped to the facility by another facility for destruction and quantities that are returned to the facility for reclamation but are found to be irretrievably contaminated and are therefore destroyed. (12) M ass in metric tons of each fluorinated GHG, fluorinated HTF, or nitrous oxide that is measured coming out of the production process, by process. (13) Mass in metric tons of each used fluorinated GHGs, fluorinated HTFs, or nitrous oxide added back into the production process (e.g., for reclamation), including returned heels in containers that are weighed to measure the mass in § 98.414(a), by process. (14) Names and addresses of facilities to which any nitrous oxide, fluorinated GHGs, or fluorinated HTFs wer e sent for transformation, and the quantities (metric tons) of nitrous oxide and of each fluorinated GHG or fluorinated HTF that were sent to each for transformation. (15) Names and addresses of facilities to which any fluorinated GHGs or fluorinated
HTFs were sent for destruction, and the quantities (metric tons) of each fluorinated GHG or fluorinated HTF that were sent to each for destruction. (16) Where missing data have been estimated pursuant to § 98.415, the reason the data were missing, the length of time the data were missing, the method used to estimate the missing data, and the estimates of those data. (b) By March 31, 2017 or within 60 days of commencing fluorinated GHG or fluorinated HTF destruction, whichever is later, any facility that destroys fluorinated GHGs or fluorinated HTFs shall submit a one

- time report containing the information in paragraphs (b)(1) through (b)(6) of this section for each destruction process. Facilities that previously submitted a one

- timeDRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 284 of 290 report under this paragraph ar e exempt from this requirement unless they meet the conditions in paragraph (b)(6) of this section

.

* * * * * (3) Methods used to record the mass of fluorinated GHG or fluorinated HTF destroyed.

* * * * * (6) If any process changes affect unit destruction efficiency or the methods used to record mass of fluorinated GHG or fluorinated HTF destroyed, then a revised report must be submitted to reflect the changes. The revised report must be submitted to EPA within 60 days of the change. (c) Each bulk importer of fluorinated GHGs, fluorinated HTFs, or nitrous oxide shall submit an annual report that summarizes its imports at the corporate level, except for shipments including less than twenty

- five kilograms of fluorinated GHGs, fluorinated HTFs, or nitrous oxide , transshipments, and heels that meet the conditions set forth at § 98.417(e). The report shall contain the following information for each import: (1) Total mass in metric tons of nitrous oxide and each fluorinated GHG or fluorinated HTF imported in bulk, including each fluorinated GHG or fluorinated HTF constituent of the fluorinated GHG or fluorinated HTF product that makes up between 0.5 percent and 100 percent of the product by mass. (2) Total mass in metric tons of nitrous oxide and each fluorinated GH G or fluorinated HTF imported in bulk and sold or transferred to persons other than the importer for use in processes resulting in the transformation or destruction of the chemical. (3) Date on which the fluorinated GHGs, fluorinated HTFs, or nitrous oxide were imported.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 285 of 290 (4) Port of entry through which the fluorinated GHGs, fluorinated HTFs, or nitrous oxide passed. (5) Country from which the imported fluorinated GHGs, fluorinated HTFs, or nitrous oxide were imported. (6) Commodity code of the fluorinated G HGs, fluorinated HTFs, or nitrous oxide shipped.

* * * * * (8) Total mass in metric tons of each fluorinated GHG or fluorinated HTF destroyed by the importer. (9) If applicable, the names and addresses of the persons and facilities to which the nitrous oxi de, fluorinated GHGs, or fluorinated HTFs were sold or transferred for transformation, and the quantities (metric tons) of nitrous oxide and of each fluorinated GHG or fluorinated HTF that were sold or transferred to each facility for transformation. (10) If applicable, the names and addresses of the persons and facilities to which the fluorinated GHGs or fluorinated HTFs were sold or transferred for destruction, and the quantities (metric tons) of each fluorinated GHG or fluorinated HTF that were sold or t ransferred to each facility for destruction. (d) Each bulk exporter of fluorinated GHGs, fluorinated HTFs, or nitrous oxide shall submit an annual report that summarizes its exports at the corporate level, except for shipments including less than twenty

- fi ve kilograms of fluorinated GHGs, fluorinated HTFs, or nitrous oxide, transshipments, and heels. The report shall contain the following information for each export:DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 286 of 290 (1) Total mass in metric tons of nitrous oxide and each fluorinated GHG or fluorinated
HTF exported in bulk.

* * * * * (4) Commodity code of the fluorinated GHGs, fluorinated HTFs, or nitrous oxide shipped. (5) Date on which, and the port from which, the fluorinated GHGs, fluorinated HTFs, or nitrous oxide were exported from the United States or its territories. (6) Country to which the fluorinated GHGs, fluorinated HTFs, or nitrous oxide were exported.

* * * * * (i) Each facility that destroys fluorinated GHG s or fluorinated HTFs but does not otherwise report under this section shall report the m ass in metric tons of each fluorinated GHG or fluorinated HTF that is destroyed at that facility and that was previously produced as defined at § 98.410(b) or (d), as applicable . Quantities to be reported under this paragraph ( i ) include but are not limit ed to quantities that are shipped to the facility by another facility for destruction and quantities that are returned to the facility for reclamation but are found to be irretrievably contaminated and are therefore destroyed. (j) By March 31, 201 7 , all fl uorinated HTF production facilities shall submit a one

- time report that includes the concentration of each fluorinated HTF or fluorinated GHG constituent in each fluorinated HTF product as measured under § 98.414(n). If the facility commences production of a fluorinated HTF product that was not included in the initial report or performs a repeat measurement under § 98.414(n) that shows that the identities or concentrations of the fluorinated HTF or fluorinated GHG constituents of a fluorinated HTF product h ave changed,DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 287 of 290 then the new or changed concentrations, as well as the date of the change, must be provided in a revis ed report. The revised report must be submitted to EPA by the March 31st that immediately follows the new or repeat measurement under § 98.414(n).
82. 84. Section 98.418 is amended by revising the definition of “Low

- concentration constituent” to read as follows: § 98.418 Definitions.

* * * * *
Low

- concentration constituent means, for purposes of fluorinated GHG or fluorinated HTF production and e xport, a fluorinated GHG or fluorinated HTF constituent of a fluorinated GHG or fluorinated HTF product that occurs in the product in concentrations below 0.1 percent by mass. For purposes of fluorinated GHG or fluorinated HTF import, low

- concentration

con stituent means a fluorinated GHG or fluorinated HTF constituent of a fluorinated GHG or fluorinated HTF product that occurs in the product in concentrations below 0.5 percent by mass.
Low

- concentration constituents do not include fluorinated GHGs or fluori nated HTFs that are deliberately combined with the product ( e.g., to affect the performance characteristics of the product). Subpart PP

— Suppliers of Carbon Dioxide
83. 85. Section 98.425 is amended by revising paragraph (b) introductory text to read as follows: § 98.425 Procedures for estimating missing data.

* * * * *DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 288 of 290 (b) Whenever the quality assurance procedures in § 98.424(b) of this subpart cannot be followed to determine concentration of the CO 2 stream, the most appropriate of the following missing data procedures shall be followed:

* * * * * Subpart RR

— Geologic Sequestration of Carbon Dioxide
84. 86. Section 98.446 is amended by adding paragraph (g) to read as follows: § 98.446 Data reporting requireme nts.

* * * * * (g) Whether the CO 2 stream is being injected in to subsurface geologic formations to enhance the recovery of oil or natural gas. Subpart TT

— Industrial Waste Landfills
85. 87. Table TT

- 1 to Subpart TT of Part 98 is amended by:

a. Removing the row “Pulp and Pap er (other than industrial sludge)” ; b. Adding a heading row for “ Pulp and Paper Industry: ”, and subordinate rows for

“ Boiler Ash ”, “ Wastewater Sludge ”, “ Kraft Recovery Wastes b ”, and “ Other Pulp and Paper Wastes (not otherwise listed) ” to follow the row for “ Food Processing (other than industrial sludge) ”;

c. Revising the row “Industrial Sludge” and footnote “a”; and d. Adding footnote “b”

. The revisions read as follows:
Table TT
- 1 to Subpart TT of Part 98

— Default DOC and Decay Rate Values for Industrial Wa ste Landfills

Industry/Waste Type DOC (weight fraction, wet basis) k [dry climate a ] (yr −1 ) k [moderate climate a ]

(yr −1 ) k [wet climate a ] (yr −1 )DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 289 of 290

* * * * * * *

Pulp and Paper Industry: Boiler Ash 0.06 0.02 0.03 0.04 Wastewater Sludge 0.12 0.02 0.04 0.06 Kraft Recovery Wastes b 0. 025 0.02 0.03 0.04 Other Pulp and Paper Wastes (not otherwise listed) 0.20 0.02 0.03 0.04

* * * * * * * Industrial Sludge (other than pulp and paper industry sludge) 0.09 0.02 0.04 0.06

* * * * * * *

a The applicable climate classification is determined based on the annual rainfall plus the recirculated leachate application rate. Recirculated leachate application rate (in inches/year) is the total volume of leachate recirculated from company records or engineering esti mates and applied to the landfill divided by the area of the portion of the landfill containing waste [with appropriate unit conversions]. (1) Dry climate = precipitation plus recirculated leachate less than 20 inches/year (2) Moderate climate = precipitation plus recirculated leachate from 20 to 40 inches/year (inclusive) (3) Wet climate = precipitation plus recirculated leachate greater than 40 inches/year Alternatively, landfills that use leachate recirculation can elect to use the k value for wet climate rather than calculating the recirculated leachate rate. b Kraft Recovery Wastes include green liquor dregs, slaker grits, and lime mud, which may also be referred to collectively as causticizing or recausticizing wastes. Subpart UU

— Injection o f Carbon Dioxide
86. 88. Section 98.474 is amended by revising paragraph (c)(2) to read as follows: § 98.474 Monitoring and QA/QC requirements.

* * * * * (c) * * * (2) You must convert all measured volumes of CO 2 to the following standard industry temperature and pressure conditions for use in Equation UU

- 2 of this subpart: standard cubic meters at a temperature of 60 degrees Fahrenheit and at an absolute pressure of 1 atmosphere.DRAFT DELIBERATIVE

– D o note cite, quote, copy, or distribute Page 290 of 290

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