81366 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2010–0964; FRL–9242–8] 

Call for Information: Information on 

Inputs to Emission Equations Under 

the Mandatory Reporting of 

Greenhouse Gases Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Call for Information. 

SUMMARY: EPA is publishing this call for 

information and public comment to 

solicit certain additional information 

pertaining to reporting of inputs to 

emission equations under the 

Mandatory Greenhouse Gas Reporting 

Rule. In response to EPA’s July 7, 2010 

proposed confidentiality determinations 

for data required under the reporting 

rule, EPA received several comments 

that warrant in-depth evaluation of 

potential harm to businesses from 

possible public availability of some of 

this data. The information and comment 

solicited by this notice will assist EPA 

as we consider a long-term approach 

that will balance data quality and 

transparency with the reporting 

businesses’ need to protect sensitive 

business information. 

DATES: Information and comments must 

be received on or before February 25, 

2011. 

ADDRESSES: Submit your information 

and comments, identified by Docket ID 

No. EPA–HQ–OAR–2010–0964 by any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• E-mail: GHGReportingCBI@epa.gov. 

Include Docket ID No. EPA–HQ–OAR– 

2010–0964 (and/or RIN number) in the 

subject line of the message. 

• Fax: (202) 566–1741. 

• Mail: Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Mailcode 2822T, Attention Docket ID 

No. OAR–2010–0964, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20004. 

• Hand/Courier Delivery: EPA Docket 

Center, Public Reading Room, EPA West 

Building, Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC 20004. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your information 

and comments to Docket ID No. EPA– 

HQ–OAR–2010–0964. EPA’s policy is 

that all information and comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. Send or 

deliver information identified as CBI to 

only the mail or hand/courier delivery 

address listed above, attention: Docket 

ID No. EPA–HQ–OAR–2010–0964. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Docket, EPA/DC, EPA West 

Building, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is 

(202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Carole Cook, Climate Change Division, 

Office of Atmospheric Programs 

(MC–6207J), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW, 

Washington, DC 20460; telephone 

number: (202) 343–9263; fax number: 

(202) 343–2342; e-mail address: 

GHGReportingCBI@epa.gov. 

Worldwide Web (WWW). In addition 

to being available in the docket, an 

electronic pre-publication copy of this 

call for information will also be 

available through the WWW. Following 

the Administrator’s signature, a copy of 

this action will be posted on EPA’s 

greenhouse gas reporting rule Web site 

at http://www.epa.gov/climatechange/ 

emissions/ghgrulemaking.html. 

SUPPLEMENTARY INFORMATION: 

Acronyms and Abbreviations. The 

following acronyms and abbreviations 

are used in this document. 

CAA Clean Air Act 

CBI confidential business information 

CEMS continuous emission monitoring 

system(s) 

CFR Code of Federal Regulations 

EPA U.S. Environmental Protection Agency 

FR Federal Register 

GHG greenhouse gas 

NGO nongovernmental organization 

U.S. United States 

Organization of this Document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background 

II. What is this action? 

III. What specific information is EPA 

seeking? 

A. Specific information identifying how 

public availability of any inputs to 

emission equations data elements would 

cause harm to any reporter 

IV. What should I consider as I prepare my 

information and comments to EPA? 

A. Submitting CBI 

B. Tips for Preparing Your Information and 

Comments 

I. Background 

On October 30, 2009, EPA published 

the Mandatory Greenhouse Gas (GHG) 

Reporting Rule for collecting 

information regarding GHGs from a 

broad range of industry sectors (74 FR 

56260). Under 40 CFR part 98 of the 

GHG Reporting Rule (hereinafter 

referred to as ‘‘Part 98’’) and its 

subsequent amendments, EPA will 

collect data from certain facilities and 

suppliers above specified thresholds. 

The data to be reported consists of GHG 

emissions information as well as other 

data, including information necessary to 

characterize, quantify, and verify the 

reported emissions. In the preamble to 

Part 98, we stated, ‘‘Through a notice 

and comment process, we will establish 

those data elements that are ‘emissions 

data’ and therefore [under CAA section 


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114(c)] will not be afforded the 

protections of CBI. As part of that 

exercise, in response to requests 

provided in comments, we may identify 

classes of information that are not 

emissions data, and are CBI’’ (74 FR 

56287, October 30, 2009). 

On July 7, 2010, EPA proposed 

confidentiality determinations for Part 

98 data elements and proposed 

amending EPA’s regulation for handling 

confidential business information to add 

specific procedures for the treatment of 

Part 98 data (75 FR 39094; hereinafter 

referred to as the ‘‘July 7, 2010 CBI 

proposal’’). The July 7, 2010 CBI 

proposal proposed confidentiality 

statuses for the data elements for 

subparts included in the 2009 final Part 

98 rule (see 74 FR 56260, October 30, 

2009), four subparts finalized in July 

2010 (see 75 FR 39736, July 12, 2010), 

and seven new subparts that had been 

proposed but not yet finalized as of July 

2010 (see 75 FR 18576, 75 FR 18608, 

and 75 FR 18652, April 12, 2010). The 

July 7, 2010 CBI proposal also covered 

proposed changes to the reporting 

requirements for some of the 2009 final 

Part 98 subparts. These changes were 

proposed in two separate rulemakings 

(see 75 FR 18455, April, 12, 2010; and 

75 FR 33950, June 15, 2010). 

On August 11, 2010, EPA published a 

proposed amendment to Part 98 to 

change the description of some reported 

data elements and require reporting of 

some new data elements (75 FR 48744; 

hereinafter referred to as the ‘‘August 11, 

2010 revisions proposal’’). EPA 

concurrently issued a supplemental CBI 

proposal that proposed confidentiality 

determinations for the new and revised 

data elements included in the August 

11, 2010 revisions notice (75 FR 43889, 

July 27, 2010; hereinafter referred to as 

the ‘‘July 27, 2010 supplemental CBI 

proposal.)’’ 

As described in detail in the CBI 

proposals identified above, EPA 

grouped Part 98 data into 22 data 

categories (11 direct emitter data 

categories and 11 supplier data 

categories), with each of the categories 

containing data elements that are 

similar in type or characteristics. EPA 

then proposed confidentiality 

determinations for each category, with a 

few exceptions that are not relevant to 

today’s action. Consistent with EPA’s 

long-standing interpretation, EPA 

proposed that data elements in the 

inputs to emission equations data 

category meet the definition of emission 

data under 40 CFR 2.301(a)(2)(i) and 

therefore, under CAA section 114(c), 

could not be held as confidential once 

they were reported to EPA. 

EPA received numerous public 

comments on the July 7, 2010 CBI 

proposal and the July 27, 2010 

supplemental CBI proposal. Though we 

are still in the process of considering 

these comments, we plan to complete 

our consideration of these comments 

and issue final confidentiality 

determinations for the Part 98 data 

elements that are not inputs to emission 

equations, which constitute 

approximately 75 percent of the data 

elements, in a separate final action. 

However, EPA received comments 

that raise concerns regarding the public 

availability of data in the inputs to 

emission equations category. Almost all 

commenters from industry wrote that 

some or all inputs to emission equations 

(which include product compositions, 

raw materials used, fuel types and 

quantities, production volumes, and 

other process-specific information) are 

considered trade secrets or otherwise 

sensitive business information, and that 

making that information publicly 

available would cause them serious 

competitive harm. Some commenters 

expressed concern that public 

disclosure of production volumes and 

process-specific information could give 

competitors insight into sensitive 

operational limits and process 

capabilities. The commenters explained 

that, combined with other publicly 

available information, this information 

could give competitors details 

concerning business positions or 

vulnerabilities that could be used to a 

reporter’s disadvantage. Some 

commenters stated that disclosure of the 

type, composition, and relative 

proportions of raw materials used 

would reveal the specific formula used 

to manufacture their products. Others 

expressed concern that product 

composition data reveal information 

about their products’ performance 

characteristics. Some stated that public 

availability of information about the 

types and quantities of fuels consumed 

would reveal sensitive details about 

individual production processes’ energy 

usage and could be used to estimate 

relative production costs. 

Several Part 98 reporters commented 

that, had they known that EPA would 

later propose that inputs to emission 

equations qualify as emission data that 

must be made available to the public 

under CAA section 114(c), they would 

have commented more critically and 

more extensively on Part 98 equations 

when they were proposed in 2009 and 

might have suggested or agreed to 

alternatives such as third-party audits or 

installation of continuous emission 

monitoring systems (CEMS). Several 

reporters wrote that they would have 

installed CEMS or otherwise changed 

their compliance approaches. 

Commenters further noted that, for some 

subparts, Part 98 allows monitoring 

emissions with CEMS as an alternative 

to calculation with emission equations 

but that, by the time EPA proposed CBI 

determinations in July 2010, reporters 

no longer could install CEMS for 2010. 

As a result, commenters stated, these 

reporters were locked into using the 

emission equations for 2010 reporting if 

that was the methodology they chose. 

They argued that public availability of 

potentially sensitive inputs for 

calculation of 2010 emissions should 

not be based on a reporter’s decision not 

to install CEMS for 2010 when this 

decision was made prior to and without 

knowledge of the July 7, 2010 CBI 

proposal. 

EPA has reviewed these comments 

and has concluded that some of the 

concerns warrant more extensive 

evaluation of potential harm from the 

public availability of inputs to 

equations. To assist EPA in this 

evaluation, EPA is issuing this notice to 

call for certain additional information 

that the Agency has determined is 

necessary or helpful in order to evaluate 

and take action on the concerns 

described above. 

To allow EPA time to complete our 

evaluation and take appropriate actions 

before collecting inputs to equations, 

EPA is proposing in a separate notice to 

defer to March 31, 2014 the deadline for 

reporting inputs to equations. EPA is 

also concurrently promulgating an 

interim final rule that defers the 

reporting deadline for inputs to 

equations to August 31, 2011. This 

short-term deferral allows EPA time to 

complete the notice and comment 

rulemaking for the longer deferral while 

avoiding possible public availability of 

inputs to equations before EPA can 

evaluate and take appropriate actions 

regarding inputs to equations. 

II. What is this action? 

EPA is soliciting information and 

viewpoints from interested parties on 

how, specifically, public availability of 

inputs to emission equations in Part 98 

could cause competitive harm. We are 

also interested in information on 

additional approaches to calculating 

GHG emissions that do not use data 

elements that may be considered 

sensitive and on additional approaches 

to verifying reported GHG emission data 

if any inputs to emission equations are 

not reported to EPA. In addition, we are 

soliciting information on whether any of 

the inputs to emission equations data 

elements are already published or 

publicly available elsewhere, 


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discernable from publicly available 

information or otherwise not sensitive. 

The specific information requested is 

listed in Section III of this call for 

information. 

This call for information is a critical 

part of EPA’s consideration of treatment 

of inputs. If reporters have serious 

concerns about inputs to equations 

information becoming publicly 

available, it is crucial that they respond 

in a detailed fashion to this call for 

information. The specific information 

received will help EPA to develop a 

sound, long-term approach that balances 

data quality and transparency with the 

need to protect sensitive business 

information. When EPA receives the 

additional requested information, we 

will be able to fully evaluate which 

inputs to equations, if any, could result 

in serious business harms if made 

available to the public. For such cases, 

if any, EPA would evaluate whether 

emissions can be calculated or verified 

using additional methodologies, 

consistent with the transparency and 

accuracy goals of Part 98. Should EPA 

identify any such additional 

methodologies, EPA may propose to 

amend Part 98 to allow these additional 

emission measurement or calculation 

approaches. If additional approaches to 

calculate or verify emissions are viable, 

EPA may decide that it is not necessary 

to collect certain highly sensitive inputs 

and propose to amend Part 98 

accordingly. 

As stated in the July 7, 2010 CBI 

proposal preamble, EPA is committed to 

transparency in the GHG Reporting 

Program. We consider transparency 

important because it promotes public 

confidence in the data and enables the 

public, industry, NGOs, and other 

stakeholders to better understand the 

sources of GHG emissions and the 

factors that affect the quantities of GHGs 

emitted. Any approach we adopt will be 

based on a well-balanced consideration 

of both the importance of protecting 

certain highly sensitive data elements 

and our commitment to the GHG 

Reporting Program’s transparency and 

accuracy. Should EPA decide that it is 

necessary to amend Part 98 as a result 

of this evaluation, we would promulgate 

any such amendment through a notice 

and comment process. 

III. What specific information is EPA 

seeking? 

Although a few commenters on the 

July 7, 2010 CBI proposal identified 

specific data elements and provided 

supporting rationale regarding how the 

public availability of individual data 

elements would cause harm to their 

competitive positions, many provided 

only general statements that inputs to 

emission equations can be sensitive and 

should be held confidential. Other 

commenters noted that inputs to 

emission equations that reporters allege 

to be sensitive may already be publicly 

available, but did not identify specific 

data elements and where they are 

published. To enable us to better 

understand and evaluate stakeholder 

concerns and assertions, EPA requests 

from interested parties information and 

views on the following topics and 

questions: 

• Specific information identifying how 

public availability of any inputs to emission 

equations data elements would cause harm 

to any reporter. 

—The identity of specific data elements used 

as inputs to emission equations that you 

consider sensitive business information 

that would cause competitive harm if 

disclosed. To better assist us in identifying 

the data element, include the rule citation 

for each data element you identify. 

—For each data element identified in the 

above bullet, you should provide a specific 

explanation of how disclosure of the data 

would cause competitive harm. Describe 

the measures currently taken to keep the 

data confidential. If your concern is that 

competitors could use a particular input to 

discern sensitive information, specifically 

describe the pathway by which this could 

occur and explain how the discerned 

information would negatively affect your 

competitive position. Discuss how this 

data element may differ from similar data 

that is already publicly available. Describe 

any unique process or aspect of your 

facility that would be revealed if the 

particular data element you consider 

sensitive were made publicly available. If 

the data element you identify would cause 

harm only when used in combination with 

other publicly available data, then describe 

the other data, identify the public source(s) 

of this data, and explain how the 

combination of data could be used to cause 

competitive harm. Please be as specific as 

possible in your responses and include all 

information necessary to evaluate your 

assertions. 

• Which, if any, data that are inputs to 

emission equations are already publicly 

available, discernable from other publicly 

available data, or otherwise not sensitive for 

any reporter. 

—In your response, please identify the 

manner and location in which each 

specific data element you identify is 

available or not sensitive, including a 

citation. If the data are physically 

published, such as in a book, industry 

trade publication, or Federal agency 

publication, provide the title, volume 

number (if applicable), author(s), 

publisher, publication date, and ISBN or 

other identifier. For data published on a 

Web site, provide the address of the Web 

site and identify the Web site publisher 

and content author. 

• Additional calculation or measurement 

approaches for a particular subpart that 

would comparably measure or calculate GHG 

emissions but would not use data elements 

that you consider to be sensitive as inputs to 

emission equations. 

—Please provide full equations and describe 

your suggested calculation and/or 

measurement approach in detail. Describe 

the parameters used as inputs and explain 

how each input parameter could be 

measured. Indicate whether the 

measurement devices needed already exist 

or whether new measuring equipment 

would have to be installed and the time 

required for such installation. Compare the 

accuracy and cost of your proposed 

approach with those of the existing Part 98 

approaches and describe any unique or 

unusual facility-specific situations in 

which your recommended approach would 

not provide accurate estimates of GHG 

emissions. 

• Verification approaches that could be 

used to verify emission figures and that 

would not require reporting to EPA the 

specific data elements you consider sensitive. 

—Under the existing Part 98 rule, EPA will 

use the inputs to emissions equations to 

verify reported GHG emissions. EPA 

solicits suggestions for additional 

approaches for verifying the GHG 

emissions for facilities that use the existing 

Part 98 emission equations. In addition, we 

seek suggestions for verifying, without 

reporting to EPA, sensitive inputs to 

emissions equations. Identify any 

additional parameters that could be used 

for verification and the particular subpart 

that would be affected and explain how 

they would be used. Describe any 

particular situations in which your 

suggested approach should or should not 

be used. 

EPA strongly urges any parties 

concerned about the public availability 

of inputs to equations to submit in 

detail the information requested above. 

If EPA is to seriously consider 

potentially revising the requirements of 

Part 98, the agency must have robust 

data on which to base those revisions. 

Conclusory or unsubstantiated 

statements will not suffice. 

Please note that we are not requesting 

additional comment on EPA’s proposed 

determination in the CBI proposals 

described above that inputs to emission 

equations constitute emission data. EPA 

received comment on that proposed 

determination during the public 

comment period for the CBI proposals 

and will respond to those comments in 

a future action. 

IV. What should I consider as I prepare 

my information and comments to EPA? 

A. Submitting CBI 

Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information in a disk or CD 

ROM that you mail to EPA, mark the 

outside of the disk or CD ROM as CBI 


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and then identify electronically within 

the disk or CD ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information marked as CBI will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

If you have any questions about CBI 

or the procedures for claiming CBI, 

please consult the person identified in 

the FOR FURTHER INFORMATION CONTACT

section. 

B. Tips for Preparing Your Information 

and Comments 

When submitting information and 

comments, remember to: 

Identify the rulemaking by docket 

number and other identifying 

information (e.g., subject heading, 

Federal Register date and page number). 

Follow directions. EPA may ask you to 

respond to specific questions or 

organize comments by referencing a 

CFR part or section number. 

Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

Provide specific examples to illustrate 

your concerns and suggest alternatives. 

Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

Make sure to submit your information 

and comments by the comment period 

deadline identified in the preceding 

section titled DATES. To ensure proper 

receipt by EPA, be sure to identify the 

docket ID number assigned to this 

action in the subject line on the first 

page of your response. You may also 

provide the name, date, and Federal 

Register citation. 

To expedite review of your comments 

by Agency staff, you are encouraged to 

send a separate copy of your comments, 

in addition to the copy you submit to 

the official docket, to Carole Cook, U.S. 

EPA, Office of Atmospheric Programs, 

Climate Change Division, Mail Code 

6207–J, Washington, DC 20460, 

telephone (202) 343–9263, e-mail 

address: GHGReportingRule@epa.gov. 

Dated: December 17, 2010. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2010–32453 Filed 12–23–10; 8:45 am] 

BILLING CODE 6560–50–P 


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