MEMORANDUM

Date: February 6, 2013

From: Rachel Schmeltz, US EPA

Subject: Summary of Evaluation of “Inputs to Emissi on Equations” Data Elements Proposed to be

Added with the 2013 Revisions to the Greenhouse Gas Reporting Rule

The purpose of the memorandum is to document EPA’s evaluation of thirteen new data elements that EPA is proposing to add with the 2013 Revisions to the Greenhouse Gas Reporting Rule and Confidentiality Determinations for New or Substanti ally Revised Data Elements. These 13 data elements are being added to the following subparts of the Gr eenhouse Gas Reporting Rule:

• 2 data elements to Subpart FF (Underground Coal Min es)

• 5 data elements to Subpart HH (Municipal Solid Wast e Landfills)

• 6 data elements to Subpart TT (Industrial Waste Lan dfills)

As explained in the preamble to the proposed rule, we propose to assign these 13 data elements to the “ inputs to equations” data category. In the fina l deferral rule (76 FR 53057) and the accompanying memorandum entitled “Process for Evaluating and Pot entially Amending Part 98 Inputs to Emission Equations” (Docket ID EPA-HQ-OAR-2010-0929), EPA de scribed a four-step evaluation process for inputs to equations, which are as follows:

• Step 1: Determine whether each input is already pub licly available.

• Step 2: For inputs that are not publicly available, evaluate whether release of the information is likely to result in substantial comp etitive harm.

• Step 3: For inputs that are likely to cause substa ntial competitive harm if disclosed, evaluate potential alternative calculation methods.

• Step 4: For inputs that are likely to cause substan tial competitive harm if disclosed, evaluate potential alternative verification methods.

A full description of the four-step evaluation proc ess that was undertaken as well as the market structure for each of these subparts is described i n the December 17, 2012 memo titled “Summary of Evaluation of Greenhouse Gas Reporting Program (GHG RP) Part 98 “Inputs to Emissions Equations” Data
Elements Deferred until 2013”.

As discussed in more detail in the appendix to this memorandum, EPA found that the new inputs described in this memo are not the types of data th at would allow competitors to gain competitive advantage if publicly released. As a result, EPA d id not proceed to Steps 3 and 4 of the four-step

process.Appendix:

Step 1: Public Availability Analysis:

EPA found that none of the data elements in this an alysis are publicly available. EPA searched the following sources:

• Subpart FF: EPA’s Coalbed Methane Outreach Program (CMOP), Mine Safety and Health Administration (MSHA)

• Subpart HH: EPA’s Landfill Methane Outreach Program (LMOP), Title V permits, Waste Business Journal, state web sites, company and municipal web sites

• Subpart TT: National Emissions Inventory, LMOP dat abase, Waste Business Journal, Title V permits

Step 2: Competitive Harm Analysis

The market structure analysis for each of these su bparts is described in the December 17, 2012 memo titled “Summary of Evaluation of Greenhouse Gas Rep orting Program (GHGRP) Part 98 “Inputs to Emissions Equations” Data Elements Deferred until 2 013”. Based on these market structure analyses, EPA proceeded to evaluate individual data elements.

Table 1 below lists the proposed data elements eval uated for this action and the assessment related to Step 2 for each data element.

Table 1. Evaluation of Proposed New Inputs to Emis sion Equations Subpart Citation Data Element Assessment by Data Element

FF 98.326(o) The moisture correction factor (if applicable) used in Equation FF-1
and FF-3 Release of these data 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. FF 98.326(t) Quarterly CH 4 routed to each destruction device or offsite transfer point

HH 98.346(h) Oxidation fraction used in the calculation for methane generation for landfills without gas collection systems These data elements would not reveal any information about landfill fees, revenues, costs, or contracts and would not reveal any details about manufacturing processes, products, or raw materials. HH 98.346(i)(8) Oxidation fraction used in Equation HH-5 for landfills with gas collection systems

HH 98.346(i)(10) Oxidatio n fraction use d in Equation HH-7 for landfills with gas collection systems

HH 98.346(i)(11) Oxidatio n fraction use d in Equation HH-6 for landfills with gas collection systems

HH 98.34 6(i)(12) Oxidatio n fraction use d in Equation HH-8 for landfills withgas collection systems

TT 98.466(c)(5)(i) WIP at start of reporting year, or design capacity for closed landfills These data elements do not provide any proprietary information about the manufacturing facility or its processes, raw materials, and production. They also do not provide any economic information about the landfill. TT 98.466(c)(5)(ii) The cumulative quantity of waste placed in the landfill

TT 98.466(c)(5)(iii) YrLast

, the last year, prior to the reporting year, that the landfill
received waste

TT 98.466(c)(5)(iv) YrOpen , Year 1960 or the year in which the landfill first received waste from company records,
whichever is more recent

TT 98.466(c)(5)(v) NYrData , the nu mber of years for which annual waste disposal quantities are available from company records or from Equation TT-3 of this section from YrOpen to YrLast inclusive

TT 98.466(h) For landfills with gas collection systems, oxidation fraction This data element does not reveal detailed information on the composition of waste or any manufacturing process or economic data.