Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules 4987 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2015–0371; FRL–9932–58- 

Region 8] 

Approval and Promulgation of State 

Implementation Plan Revisions; Rules, 

Public Notice and Comment Process, 

and Renumbering; Utah 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the State of Utah 

on February 25, 2013, August 5, 2013, 

and March 5, 2014. These submittals 

request SIP revisions to incorporate 

several changes to Utah’s rules, 

including the permit public notice and 

comment process requirements, and 

renumbering for the ‘‘Interstate 

Transport’’ provisions. EPA is taking 

this action in accordance with section 

110 of the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before February 29, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification Number EPA–R08–OAR– 

2015–0371. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, i.e., 

Confidential Business Information or 

other information the disclosure of 

which is restricted by statute. Certain 

other material, such as copyrighted 

material, is not placed on the Internet 

and will be publicly available only in 

the hard copy form. Publicly available 

docket materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

EPA Region 8, Office of Partnerships 

and Regulatory Assistance, Air Program, 

1595 Wynkoop Street, Denver, 

Colorado, 80202–1129. The EPA 

requests that you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:00 a.m.–4:00 p.m., 

excluding federal holidays. An 

electronic copy of the State’s SIP 

compilation is also available at http:// 

www.epa.gov/region8/air/sip.html. 

Please see the Direct final rule which is 

located in the Rules Section of this 

Federal Register for detailed instruction 

on how to submit comments. 

FOR FURTHER INFORMATION CONTACT: Jody 

Ostendorf, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. 303–312–7814, 

ostendorf.jody@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of this 

Federal Register, EPA is approving the 

State’s SIP revision as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

SIP revision and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the preamble to 

the direct final rule. 

If EPA receives no adverse comments, 

EPA will not take further action on this 

proposed rule. If EPA receives adverse 

comments, EPA will withdraw the 

direct final rule and it will not take 

effect. EPA will address all public 

comments in a subsequent final rule 

based on this proposed rule. 

EPA will not institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information, please see the ADDRESSES

section of this document. 

Please note that if EPA receives 

adverse comment on a distinct 

provision of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. See the information provided 

in the Direct Final action of the same 

title which is located in the Rules and 

Regulations Section of this Federal 

Register. 

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

Dated: August 4, 2015. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

Editorial Note: This document was 

received for publication by the Office of 

Federal Register on January 14, 2016. 

[FR Doc. 2016–01025 Filed 1–28–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2015–0764; FRL–9941–80– 

OAR] 

RIN 2060–AS73 

Greenhouse Gas Reporting Rule: Leak 

Detection Methodology Revisions and 

Confidentiality Determinations for 

Petroleum and Natural Gas Systems 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing 

revisions and confidentiality 

determinations for the petroleum and 

natural gas systems source category of 

the Greenhouse Gas Reporting Program 

(GHGRP). In particular, the EPA is 

proposing to add new monitoring 

methods for detecting leaks from oil and 

gas equipment in the petroleum and 

natural gas systems source category 

consistent with the leak detection 

methods in the recently proposed new 

source performance standards (NSPS) 

for the oil and gas industry. The EPA is 

also proposing to add emission factors 

for leaking equipment to be used in 

conjunction with these monitoring 

methods to calculate and report 

greenhouse gas (GHG) emissions 

resulting from equipment leaks. Further, 

the EPA is proposing reporting 

requirements and confidentiality 

determinations for nine new or 

substantially revised data elements. 

DATES:

Comments. Comments must be 

received on or before February 29, 2016. 

Under the Paperwork Reduction Act 

(PRA), comments on the information 

collection provisions are best assured of 

consideration if the Office of 

Management and Budget (OMB) 

receives a copy of your comments on or 

before February 29, 2016. 

Public hearing. The EPA does not 

plan to conduct a public hearing unless 

requested. To request a hearing, please 

contact the person listed in the 

following FOR FURTHER INFORMATION

CONTACT section by February 5, 2016. If 

requested, the hearing will be 

conducted on February 16, 2016, in the 

Washington, DC area. The EPA will 

provide further information about the 

hearing on the GHGRP Web site, 

http://www.epa.gov/ghgreporting/

index.html if a hearing is requested. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2015–0764 to the Federal 

eRulemaking Portal: http://


jstallworth on DSK7TPTVN1PROD with PROPOSALS
4988 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules 

www.regulations.gov. Follow the online 

instructions for submitting 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 information 

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 of all points 

you wish to make. The 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 INFORMATION CONTACT: 

Carole Cook, Climate Change Division, 

Office of Atmospheric Programs (MC– 

6207A), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone 

number: (202) 343–9263; fax number: 

(202) 343–2342; email address: 

GHGReportingRule@epa.gov. For 

technical information, please go to the 

GHGRP Web site, http://www.epa.gov/

ghgreporting/index.html. To submit a 

question, select Help Center, followed 

by ‘‘Contact Us.’’ 

Worldwide Web (WWW). In addition 

to being available in the docket, an 

electronic copy of this 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 GHGRP Web site at http://

www.epa.gov/ghgreporting/index.html. 

SUPPLEMENTARY INFORMATION: 

Regulated Entities. These proposed 

revisions affect entities that must submit 

annual GHG reports under the GHGRP 

(40 CFR part 98). This proposed rule 

would impose on entities across the 

U.S. a degree of reporting consistency 

for GHG emissions from the petroleum 

and natural gas sector of the economy 

and therefore is ‘‘nationally applicable’’ 

within the meaning of section 307(b)(1) 

of the Clean Air Act (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 section 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 publishes that 

such action is based on such a 

determination’’).) Further, the 

Administrator has determined that rules 

codified in 40 CFR part 98 are subject 

to the provisions of CAA section 307(d). 

(See CAA section 307(d)(1)(V) (the 

provisions of section 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 

petroleum and natural gas systems that 

directly emit GHGs. Regulated 

categories and entities include, but are 

not limited to, those listed in Table 1 of 

this preamble: 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY

Category NAICSa Examples of affected facilities 

Petroleum and Natural Gas Systems ......................................... 486210 Pipeline transportation of natural gas. 

221210 Natural gas distribution. 

211111 Crude petroleum and natural gas extraction. 

211112 Natural gas liquid extraction. 

a North American Industry Classification System. 

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 and 40 

CFR part 98, subpart W. If you have 

questions regarding the applicability of 

this action to a particular facility, 

consult the person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section. 

Acronyms and Abbreviations. The 

following acronyms and abbreviations 

are used in this document. 

CAA Clean Air Act 

CBI confidential business information 

CFR Code of Federal Regulations 

CH4 methane 

CO2 carbon dioxide 

DOT Department of Transportation 

EPA U.S. Environmental Protection Agency 

FERC Federal Energy Regulatory 

Commission 

FR Federal Register 

GHG greenhouse gas 

GHGRP Greenhouse Gas Reporting Program 

GRI Gas Research Institute 

ICR Information Collection Request 

LDAR leak detection and repair 

LNG liquefied natural gas 

NAICS North American Industry 

Classification System 

NSPS new source performance standards 

NTTAA National Technology Transfer and 

Advancement Act 

OGI Optical gas imaging 

OMB Office of Management and Budget 

PRA Paperwork Reduction Act 

RFA Regulatory Flexibility Act 

U.S. United States 

UMRA Unfunded Mandates Reform Act 

VOC volatile organic compounds 

WWW Worldwide Web 

Organization of This Document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background 

A. Organization of This Preamble 

B. Background on the Proposed Action 

C. Legal Authority 

D. How would these amendments apply to 

2016 and 2017 reports? 

II. Revisions and Other Amendments 

A. Why are we proposing to add new 

monitoring methods for detecting leaks? 

B. How would the proposed amendments 

differ from the current subpart W 

requirements for emissions from 

equipment leaks? 

C. How did we select the proposed leaker 

emission factors? 

III. Proposed Confidentiality Determinations 

A. Overview and Background 

B. Approach to Proposed CBI 

Determinations 

C. Proposed Confidentiality 

Determinations for Data Elements 

Assigned to the ‘‘Unit/Process Operating 

Characteristics That Are Not Inputs to 

Emission Equations’’ Data Category 

D. Request for Comments on Proposed 

Confidentiality Determinations 

IV. Impacts of the Proposed Amendments to 

Subpart W 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 


jstallworth on DSK7TPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules 4989 

1Climate Action Plan—Strategy to Reduce 

Methane Emissions. The White House, Washington, 

DC, March 2014. Available at http://

www.whitehouse.gov/sites/default/files/strategy_to_

reduce_methane_emissions_2014-03-28_final.pdf. 

Docket Item No. EPA–HQ–OAR–2014–0831–0007. 

2 FACT SHEET: Administration Takes Steps 

Forward on Climate Action Plan by Announcing 

Actions to Cut Methane Emissions. The White 

House, Office of the Press Secretary, January 14, 

2015. Available at https://www.whitehouse.gov/thepress-office/2015/01/14/fact-sheet-administrationtakes-steps-forward-climate-action-plan-anno-1. 

3Natural gas processing plants subject to 40 CFR 

part 60, subpart OOOO are already required to 

monitor for volatile organic compound (VOC) 

emissions from equipment leaks; NSPS subpart 

OOOOa would include requirements to monitor for 

VOC and CH4 emissions from equipment leaks 

using the same methods as 40 CFR part 60, subpart 

OOOO. 

4The proposal identified EPA Method 21 as a 

monitoring method that may also be used to verify 

repair of leaks, and the EPA requested comment on 

the use of Method 21 for leak surveys as well. 

5See 80 FR 56593, 56667 (September 18, 2015). 

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: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

I. Background 

A. Organization of This Preamble 

The first section of this preamble 

provides background information 

regarding the proposed amendments. 

This section also discusses the EPA’s 

legal authority under the CAA to 

promulgate and amend 40 CFR part 98 

of the Code of Federal Regulations, 

Mandatory Greenhouse Gas Reporting 

(hereafter referred to as ‘‘part 98’’) as 

well as the legal authority for making 

confidentiality determinations for the 

data to be reported. Section II of this 

preamble contains information on the 

proposed revisions to 40 CFR part 98, 

subpart W (hereafter referred to as 

‘‘subpart W’’). Section III of this 

preamble discusses proposed 

confidentiality determinations for the 

reporting of new and substantially 

revised data elements. Section IV of this 

preamble discusses the impacts of the 

proposed amendments to subpart W. 

Finally, section V of this preamble 

describes the statutory and executive 

order requirements applicable to this 

action. 

B. Background on the Proposed Action 

On October 30, 2009, the EPA 

published part 98 for collecting 

information regarding GHGs from a 

broad range of industry sectors (74 FR 

56260). Although reporting 

requirements for petroleum and natural 

gas systems were originally proposed to 

be part of part 98 (75 FR 16448, April 

10, 2009), the final October 2009 

rulemaking did not include the 

petroleum and natural gas systems 

source category as one of the 29 source 

categories for which reporting 

requirements were finalized. The EPA 

re-proposed subpart W in 2010 (79 FR 

18608; April 12, 2010), and a 

subsequent final rulemaking was 

published on November 30, 2010, with 

the requirements for the petroleum and 

natural gas systems source category at 

40 CFR part 98, subpart W (75 FR 

74458) (hereafter referred to as ‘‘the 

final subpart W rulemaking’’). 

Following promulgation, the EPA 

finalized several actions revising 

subpart W (76 FR 22825, April 25, 2011; 

76 FR 53057, August 25, 2011; 76 FR 

59533, September 27, 2011; 76 FR 

80554, December 23, 2011; 77 FR 51477, 

August 24, 2012; 78 FR 25392, May 1, 

2013; 78 FR 71904, November 29, 2013; 

79 FR 70352, November 25, 2014; 80 FR 

64262, October 22, 2015). 

On March 28, 2014, the Obama 

Administration released the President’s 

Climate Action Plan—Strategy to 

Reduce Methane Emissions. The 

strategy summarizes the sources of 

methane (CH4) emissions, commits to 

new steps to cut emissions of this potent 

GHG, including both voluntary and 

regulatory programs aimed at reducing 

CH4 emissions, and outlines the 

Administration’s efforts to improve the 

measurement of these emissions. The 

strategy builds on progress to date and 

takes steps to further cut CH4 emissions 

from several sectors, including the oil 

and natural gas sector.1 In this strategy, 

the EPA was specifically tasked with 

continuing to review GHGRP regulatory 

requirements to address potential gaps 

in coverage, improve methods, and 

ensure high quality data reporting. On 

January 14, 2015, the Obama 

administration provided additional 

direction to the EPA to ‘‘explore 

potential regulatory opportunities for 

applying remote sensing technologies 

and other innovations in measurement 

and monitoring technology to further 

improve the identification and 

quantification of emissions’’ in the oil 

and natural gas sector, such as the 

emissions submitted as part of GHGRP 

annual reporting.2

Multiple studies have found that once 

leaks are detected, the vast majority can 

be repaired with a positive return to the 

operator. Often in these cases, a majority 

of emissions come from a minority of 

sources. Use of advanced monitoring 

methods, such as optical gas imaging 

(OGI), to detect these leaks as soon as 

practicable has several benefits: It 

reduces the amount of methane and 

other atmospheric pollutants that are 

emitted into our atmosphere, it reduces 

company losses of valuable 

commodities like methane, and 

improves operational and safety 

practices so that leaks can be identified 

and fixed more efficiently in the future. 

Additionally, as part of the agency’s 

broad-based strategy under the 

President’s Climate Action Plan, the 

EPA proposed NSPS for oil and natural 

gas affected facilities for which owners 

or operators commence construction, 

modification or reconstruction after 

September 18, 2015 (40 CFR part 60, 

subpart OOOOa (80 FR 56593)) 

(hereafter referred to as the ‘‘NSPS 

subpart OOOOa’’). As part of the 

proposed NSPS subpart OOOOa 

requirements, well site and compressor 

station affected sources would be 

required to implement a fugitive 

emissions monitoring and repair 

program for the first time.3 For these 

proposed affected sources, the NSPS 

subpart OOOOa would require the 

monitoring of fugitive emissions 

components, which includes equipment 

such as valves, pumps, connectors, and 

pressure relief devices, for fugitive 

emissions and the subsequent repair of 

those fugitive emissions components. 

The EPA also proposed the use of OGI 

to identify fugitive emissions from the 

proposed NSPS subpart OOOOa affected 

sources.4 5 Currently, GHGRP subpart W 

sources that are part of the Onshore 

Petroleum and Natural Gas Production 

and Onshore Petroleum and Natural Gas 

Gathering and Boosting segments, 

which include certain well sites and 

compressor stations, calculate 

equipment leak emissions based on a 

count of equipment rather than from 

leak surveys. As a result, emissions from 

leak surveys at well sites or compressor 

stations in these segments that would be 

conducted as a result of NSPS subpart 

OOOOa compliance would not be 

reflected in calculations for GHGRP 

subpart W reporting in the current rule. 

In addition, for industry segments that 

do have GHGRP leak survey 

requirements, including the Onshore 

Natural Gas Transmission Compression, 

Underground Natural Gas Storage, 


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6See the Natural Gas STAR Methane Challenge 

Program Proposal Web site, http://www3.epa.gov/

gasstar/methanechallenge/, for more information. 7The Methane Challenge Program plans to phasein a proposal related to mitigation options for 

equipment leaks/fugitive emissions at a later date. 

8As proposed, NSPS subpart OOOOa would not 

cover components in the Natural Gas Distribution 

subpart W segment, so no additional information on 

fugitive emissions is expected from this segment 

beyond information already collected by subpart W. 

However, it is possible that future voluntary 

programs could result in improved information on 

fugitive emissions for this segment. 

Liquefied Natural Gas (LNG) Storage, 

and LNG Import and Export Equipment 

segments, augmenting GHGRP methods 

with methods proposed in the NSPS 

subpart OOOOa would avoid the need 

for sources that are subject to both 

programs to conduct two different sets 

of leak/fugitive emission surveys. 

As another part of the EPA’s response 

to the President’s Climate Action Plan, 

in July 2015 the EPA proposed the 

voluntary Natural Gas STAR Methane 

Challenge Program (hereafter referred to 

as ‘‘Methane Challenge Program’’), 

which would provide a new mechanism 

through which companies could make 

and track ambitious commitments to 

reduce CH4 emissions.6 While 

tremendous progress has been made 

during the last 20 years through the 

Natural Gas STAR Program, significant 

opportunities remain to reduce CH4

emissions, improve air quality, and 

capture and monetize this valuable 

energy resource. The Methane Challenge 

Program would create a platform for 

leading companies to go above and 

beyond existing voluntary action and 

make meaningful and transparent 

commitments to yield significant CH4

emissions reductions in a quick, 

flexible, and cost-effective way. The 

Methane Challenge Program plans to 

leverage the significant amount of data 

reported by facilities to the GHGRP, 

plus voluntarily supplied supplemental 

data (as needed), to serve as the basis for 

tracking specific company actions. This 

proposed rulemaking would create a 

mechanism for Methane Challenge 

Program participants to track their 

voluntary leak detection and repair 

efforts.7

As a result of the proposed NSPS 

subpart OOOOa requirements for 

fugitive emissions monitoring and 

repair, plus voluntarily implemented 

leak detection and repair (LDAR) 

programs that companies may be 

undertaking through the Methane 

Challenge Program or other voluntary 

efforts, more facilities would have sitespecific information on the types and 

number of components with fugitive 

emissions or leaks from each leak 

detection/monitoring survey. These data 

could be used to improve facility-level 

GHG emission estimates and track 

facility-level GHG emission reductions 

from equipment leaks for a variety of 

subpart W industry segments, including: 

Onshore Petroleum and Natural Gas 

Production; Onshore Petroleum and 

Natural Gas Gathering and Boosting; 

Onshore Natural Gas Processing; 

Onshore Natural Gas Transmission 

Compression; Underground Natural Gas 

Storage; LNG Storage; and LNG Import 

and Export Equipment.8

In this action, the EPA is proposing to 

amend subpart W to add new 

monitoring methods for detecting leaks 

from oil and gas equipment as well as 

to add emission factors to estimate 

emissions from leaking components 

(hereafter referred to as ‘‘leaker emission 

factors’’) for multiple industry segments. 

The new monitoring methods would 

augment the equipment leak 

requirements in subpart W with the 

fugitive emissions detection methods 

proposed for the NSPS subpart OOOOa. 

If the NSPS subpart OOOOa is amended 

in the future to incorporate other 

emerging technologies and/or major 

advances in fugitive monitoring, then 

the subpart W requirements will be 

updated by reference as well. Under 

these proposed amendments, facilities 

with an NSPS subpart OOOOa affected 

well site or compressor station fugitive 

emissions source would use the data 

derived from the proposed NSPS 

subpart OOOOa fugitive emissions 

requirements along with the subpart W 

equipment leak survey calculation 

methodology and leaker emission 

factors to calculate and report their GHG 

emissions to the GHGRP. These 

proposed revisions would also provide 

the opportunity for other sources at 

subpart W facilities not covered by the 

proposed NSPS subpart OOOOa fugitive 

emissions standards (e.g., sources 

subject to state regulations and sources 

participating in the Methane Challenge 

Program or other voluntarily 

implemented program) to voluntarily 

use the proposed leak detection 

methods to calculate and report their 

GHG emissions to the GHGRP. 

The amendments in this proposed 

rulemaking would advance the EPA’s 

goal of maximizing rule effectiveness. 

For example, these amendments would 

align the monitoring requirements in 

subpart W with those in the NSPS 

subpart OOOOa, reducing burden for 

entities subject to the fugitive leak 

detection requirements in both 

programs. In addition, this proposed 

rulemaking provides clear calculation 

and reporting requirements in subpart 

W for the proposed new leak detection 

method, thus enabling government, 

regulated entities, and the public to 

easily identify and understand rule 

requirements. 

The EPA is seeking comment only on 

the issues specifically identified in this 

proposed rulemaking. We will not 

consider comments that are outside the 

scope of this proposed rulemaking, such 

as comments on the proposed 

requirements of the NSPS subpart 

OOOOa or the proposed Methane 

Challenge Program, in this rulemaking 

process. 

C. Legal Authority 

The EPA is proposing these 

rulemaking amendments under its 

existing CAA authority provided in 

CAA section 114. As stated in the 

preamble to the 2009 final GHG 

reporting rulemaking (74 FR 56260, 

October 30, 2009), CAA section 

114(a)(1) provides the EPA broad 

authority to require the information 

proposed to be gathered by this 

rulemaking 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 (74 FR 16448, April 10, 2009) 

and final GHG reporting rulemaking (74 

FR 56260, October 30, 2009) for further 

information. 

In addition, the EPA is proposing 

confidentiality determinations for 

proposed new data elements in subpart 

W under its authorities provided in 

sections 114, 301, and 307 of the CAA. 

Section 114(c) of the CAA requires that 

the EPA make information obtained 

under section 114 available to the 

public, except where information 

qualifies for confidential treatment. The 

Administrator has determined that this 

proposed rulemaking is subject to the 

provisions of section 307(d) of the CAA. 

D. How would these amendments apply 

to 2016 and 2017 reports? 

The EPA is planning to address the 

comments we receive on these proposed 

changes and finalize the proposed 

amendments before the end of 2016. 

The EPA expects that the final 

amendments would be published at the 

same time as or soon after the final 

NSPS subpart OOOOa is published to 

ensure that these amendments are 

aligned. Owners or operators of facilities 

in the petroleum and natural gas system 

industry segments that conduct 

equipment leak detection surveys 

between the effective date of these final 

amendments and the end of 2016 would 

use that information along with 

information satisfying the provisions of 

the final amendments to subpart W 

(including final leaker emission factors) 


jstallworth on DSK7TPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules 4991 

9U.S. EPA, Office of Atmospheric Programs, 

Climate Change Division. Response to Public 

Comments on the Greenhouse Gas Reporting Rule: 

2015 Revisions and Confidentiality Determinations 

for Petroleum and Natural Gas Systems. September 

2015. Docket Item No. EPA–HQ–OAR–2014–0831– 

0189. 

to calculate and report their 2016 

reporting year equipment leak 

emissions. Starting with the 2017 

reporting year, owners or operators of 

the petroleum and natural gas system 

industry segments that conduct 

equipment leak detection surveys any 

time during the year would be required 

to use that information along with 

information satisfying the provisions of 

the final amendments to subpart W 

(including final leaker emission factors) 

to calculate and report their annual 

equipment leak emissions. 

II. Revisions and Other Amendments 

A. Why are we proposing to add new 

monitoring methods for detecting leaks? 

As noted in section I.B of this 

preamble, we are proposing to add new 

monitoring methods for detecting leaks 

and to add leaker emission factors to 

align the equipment leak requirements 

in subpart W with the fugitive emissions 

monitoring methods proposed for the 

NSPS subpart OOOOa. These proposed 

additions would refine the site-specific 

equipment leak emission estimates 

provided under the GHGRP for facilities 

conducting fugitive emissions 

monitoring. The proposed amendments 

would also allow facilities to use a 

consistent method to demonstrate 

compliance with multiple EPA 

programs. This proposal would limit 

burden for subpart W facilities with 

affected sources that would also be 

required to comply with the proposed 

NSPS subpart OOOOa by allowing them 

to use data derived from the 

implementation of the NSPS subpart 

OOOOa to calculate emissions for the 

GHGRP rather than requiring the use of 

different monitoring methods or 

requiring the use of population emission 

factors even though additional 

information using a direct leak detection 

method is available. 

In addition, these proposed 

amendments are responsive to 

comments received on previous subpart 

W rulemaking efforts. For example, as 

part of the amendments proposed on 

December 9, 2014 (79 FR 73148), we 

received comments generally requesting 

that reporters be allowed to use 

information that provides the best 

representation of emissions from 

specific sources, including monitoring 

for equipment leaks, rather than 

prescribing one specific calculation 

method across the industry segment. As 

noted in section I.B of this preamble, 

reporters in the Onshore Petroleum and 

Natural Gas Production and Onshore 

Petroleum and Natural Gas Gathering 

and Boosting industry segments 

currently must use facility equipment 

counts and population emission factors 

to estimate equipment leak emissions. 

These proposed amendments would 

allow reporters in those segments to use 

the information from a leak survey 

conducted on their equipment to 

calculate and report GHG emissions to 

the GHGRP, which may provide more 

accurate estimates than the current 

method used for their equipment leak 

emissions. In the same December 2014 

proposed rulemaking, we specifically 

requested comment on the use of 

advanced innovative monitoring 

methods for compliance with subpart W 

monitoring requirements (see 79 FR 

73158). Commenters from several 

environmental organizations supported 

the addition of such methods; industry 

commenters generally stated that optical 

remote sensing or real time monitoring 

methods should not be required in 

subpart W, but they noted that if owners 

or operators already use these methods, 

then they should be allowed to use the 

results as alternatives to other required 

subpart W monitoring requirements.9

While the use of OGI for leak detection 

was not the primary focus of this 

request for comment, allowing facilities 

to use facility-specific OGI monitoring 

methods as an alternative to the other 

required methods in subpart W is 

consistent with the comments we 

received on advanced innovative 

monitoring methods. Where a sitespecific OGI monitoring program is used 

(such as those proposed in the NSPS 

subpart OOOOa), the facility will have 

specific information on the number and 

type of components with active leaks. 

We consider it reasonable to allow 

reporters to use this information to 

estimate their reported emissions. 

B. How would the proposed 

amendments differ from the current 

subpart W requirements for emissions 

from equipment leaks? 

As a first step, the EPA is proposing 

to add OGI as specified in the proposed 

NSPS subpart OOOOa to the list of 

methods for detecting equipment leaks 

in 40 CFR 98.234(a). Subpart W 

currently includes an OGI method in 

this list of methods (see 40 CFR 

98.234(a)(1)), but the current subpart W 

OGI method is not consistent with the 

OGI method in the proposed NSPS 

subpart OOOOa. As part of the NSPS 

subpart OOOOa, the EPA is proposing 

that the OGI monitoring of fugitive 

emissions components be carried out 

through the development and 

implementation of monitoring plans, 

which would specify the measures for 

locating fugitive emissions components 

and the detection technology to be used. 

Specifically, the proposed NSPS subpart 

OOOOa would require affected facilities 

to develop a corporate-wide fugitive 

emissions monitoring plan that 

describes the OGI instrument and how 

the OGI survey would be conducted to 

ensure that fugitive emissions can be 

imaged effectively pursuant to specified 

criteria in the proposed rulemaking, as 

well as a site-specific fugitive emissions 

monitoring plan that includes a sitemap 

and defines the path the operator will 

take to ensure all fugitive emissions 

components are monitored. The 

proposed addition of this specific OGI 

method to subpart W as 40 CFR 

98.234(a)(6) would align the methods in 

the two rulemakings and allow subpart 

W facilities to directly use information 

derived from the implementation of the 

fugitive emissions monitoring 

conducted under the NSPS subpart 

OOOOa to calculate and report 

emissions to the GHGRP. Consistent 

with that goal, the EPA expects that the 

final amendments to subpart W would 

reference the final version of the 

method(s) in the NSPS subpart OOOOa, 

including any changes made to the 

NSPS subpart OOOOa in response to 

comments on the proposed method. 

We request comment on whether 

there are other methods for detecting 

equipment leaks that should be added to 

subpart W, either because they are 

commonly used across the industry or 

because they would align the subpart W 

methods with the methods in another 

federal, state, or local regulation. 

The EPA is also proposing to provide 

the opportunity to use the leak survey 

monitoring and calculation 

methodology to additional reporters in 

subpart W. For example, in the Onshore 

Petroleum and Natural Gas Production 

and the Onshore Petroleum and Natural 

Gas Gathering and Boosting industry 

segments, subpart W presently requires 

reporters to count the number of 

equipment components of each type 

(e.g., valve, connector, open-ended line, 

or pressure relief valve) or to count the 

number of major production equipment 

at the facility and then estimate the 

number of equipment components of 

each type using default average 

component counts for each piece of 

equipment in Tables W–1B and W–1C 

of subpart W. The resulting equipment 

component counts are then multiplied 

by default ‘‘population emission 

factors’’ in Table W–1A of subpart W to 

calculate emissions from equipment 


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10See, for example, Epperson, D., et al., 

‘‘Equivalent leak definitions for Smart LDAR (leak 

detection and repair) when using optical imaging 

technology.’’ J Air Waste Manag Assoc, 57:9, 1050– 

1060 (2007). 

leaks. These population emission factors 

represent an average emission rate for 

each equipment component of a certain 

type, based on the fugitive emissions 

rates observed during the study that is 

the basis for the factors. 

Some studies have found that the 

majority of a facility’s mass emissions 

from equipment leaks come from a 

small percentage of equipment 

components that have high leak rates.10

In general, the implementation of a 

program to identify and repair leaking 

equipment components (e.g., an LDAR 

program) or fugitive emissions 

components will tend to reduce 

emissions once the leaking components 

are repaired. Therefore, a facility with 

an ongoing monitoring and repair 

program will have fewer pieces of 

equipment with high leak rates and 

lower equipment leak emissions than 

prior to implementation of the program. 

However, no emission reduction will be 

observed in the subpart W emission 

estimates if the reporter continues to use 

equipment component counts and the 

default population emission factors in 

subpart W. Therefore, to track changes 

in emissions in the data reported to the 

GHGRP from year to year (e.g., to show 

reduced emissions for facilities 

implementing a regulatory or voluntary 

LDAR program or a fugitive emissions 

monitoring and repair program), we are 

proposing that facilities that conduct 

leak surveys use the actual number of 

leaks identified and the proposed leaker 

emission factors to determine their 

equipment leak emissions instead of the 

default population emission factors. 

Specifically, facilities with affected 

sources that are required to conduct 

fugitive emissions monitoring to comply 

with the proposed NSPS subpart 

OOOOa would be required to count the 

actual number of components with 

fugitive emissions identified through 

implementation of the NSPS subpart 

OOOOa as leaks for purposes for 

subpart W and use those counts with 

the leak survey calculation methodology 

in subpart W to determine equipment 

leak emissions for those components. If 

equipment leak surveys are conducted 

for other purposes, and the other 

sources and/or facilities are using one of 

the methods in 40 CFR 98.234(a), the 

reporter would have the option to use 

either the number of leaks with the 

equipment leak survey methodology in 

subpart W or the facility component 

counts with the population emission 

factors. The EPA’s intent with this 

provision is to allow flexibility for 

Onshore Petroleum and Natural Gas 

Production and Onshore Petroleum and 

Natural Gas Gathering and Boosting 

reporters whose leak survey method 

may not align exactly with one of the 

existing methods in subpart W or the 

NSPS subpart OOOOa proposed method 

to continue to use component counts as 

needed. However, the EPA would 

expect that any reporter conducting leak 

surveys that align with the proposed 

method (or any existing leak detection 

method in subpart W), whether required 

by the NSPS subpart OOOOa or part of 

a voluntary program such as the 

Methane Challenge Program, would use 

those results for their subpart W annual 

reporting, because the additional burden 

of completing the emissions calculation 

after a leak survey has been conducted 

would be similar to using the existing 

subpart W facility equipment count and 

population emission factor method and 

the results would be more 

representative of the number of leaks at 

the facility than the existing subpart W 

method. We request comment on 

whether there are other situations for 

which subpart W should require a 

reporter to use the results of equipment 

leak surveys conducted using one of the 

methods in subpart W (e.g., if the survey 

is conducted pursuant to a federal 

regulation other than the NSPS subpart 

OOOOa or pursuant to a state 

regulation). 

To quantify emissions from the 

leaking components, subpart W 

includes leaker emission factors for each 

segment using the equipment leak 

survey methodology. In contrast to the 

population emission factors, which are 

multiplied by the total facility 

component counts, leaker emission 

factors are multiplied by the actual 

number of leaks identified by the leak 

survey for each component type. 

Subpart W does not currently include 

leaker emission factors for: (1) The 

Onshore Petroleum and Natural Gas 

Production industry segment; (2) the 

Onshore Petroleum and Natural Gas 

Gathering and Boosting industry 

segment; (3) storage wellheads in gas 

service in the Underground Natural Gas 

Storage industry segment; (4) LNG 

storage components in gas service in the 

LNG Storage industry segment; or (5) 

LNG terminals components in gas 

service for the LNG Import and Export 

Equipment industry segment. In this 

rulemaking, we are proposing a new set 

of leaker emission factors for these 

sources/segments. For industry 

segments that already include a set of 

leaker emission factors, we are 

proposing to expand that set of leaker 

emission factors to include certain 

additional components to fully 

encompass the fugitive emissions 

components as defined in the proposed 

NSPS subpart OOOOa. See section II.C 

of this preamble for more information 

on the development of the proposed 

leaker emission factors. 

The EPA is also proposing to add new 

reporting requirements for facilities 

conducting equipment leak surveys to 

report equipment leak emissions under 

subpart W. Reporters in the Onshore 

Petroleum and Natural Gas Production 

and the Onshore Petroleum and Natural 

Gas Gathering and Boosting industry 

segments that begin reporting emissions 

using the leak survey methodology 

would be required to report the 

information currently listed in 40 CFR 

98.236(q)(1) and (2), including the 

number of equipment leak surveys, 

component type, number of leaking 

components, average time the 

components were assumed to be 

leaking, and annual carbon dioxide 

(CO2) and CH4 emissions. These data 

elements are already required to be 

reported by facilities conducting leak 

detection surveys in the Onshore 

Natural Gas Processing, Onshore 

Natural Gas Transmission Compression, 

Underground Natural Gas Storage, LNG 

Storage and LNG Import and Export 

Equipment industry segments; however, 

facilities in those segments conducting 

equipment leak surveys using the OGI 

method as specified in the NSPS 

subpart OOOOa would begin reporting 

leaks for component types with 

proposed new leaker emission factors. 

Table 2 provides a summary of the 

equipment leak methodologies that 

would be available to each industry 

segments covered by subpart W under 

these proposed amendments. 


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TABLE 2—PROPOSED EQUIPMENT LEAK REQUIREMENTS FOR SUBPART W 

Subpart W—Industry Segments 

Subpart W—Calculation Methodology 

Components subject to the NSPS subpart 

OOOOa 

Components not subject to the NSPS subpart 

OOOOa 

Calculation 

methodology 

Method for leak 

detection a

Calculation 

methodology 

Method for leak 

detection b

Onshore Petroleum and Natural Gas Production; Onshore Petroleum and Natural Gas 

Gathering and Boosting.

Leak survey (40 CFR 

98.233(q)).

OGI as specified in 

the proposed NSPS 

subpart OOOOa.

Leak survey (40 CFR 

98.233(q)); OR 

Population count (40 

CFR 98.233(r)).

Any method in 40 

CFR 98.234(a). 

N/A. 

Onshore Natural Gas Processing .................. Leak survey (40 CFR 

98.233(q)).

Method 21 .................. Leak survey (40 CFR 

98.233(q)) c.

Any method in 40 

CFR 98.234(a). 

Onshore Natural Gas Transmission Compression; Underground Natural Gas Storage: Storage stations, gas service.Leak survey (40 CFR 

98.233(q)).

OGI as specified in 

the proposed NSPS 

subpart OOOOa.

Leak survey (40 CFR 

98.233(q)) d.

Any method in 40 

CFR 98.234(a). 

Underground Natural Gas Storage: Storage 

wellheads, gas service.

Leak survey (40 CFR 

98.233(q)).

OGI as specified in 

the proposed NSPS 

subpart OOOOa.

Leak survey (40 CFR 

98.233(q)); OR 

Population count (40 

CFR 98.233(r)).

Any method in 40 

CFR 98.234(a). 

N/A. 

LNG Storage: LNG Service; LNG Import and 

Export Equipment: LNG Service.

Leak survey (40 CFR 

98.233(q)).

OGI as specified in 

the proposed NSPS 

subpart OOOOa.

Leak survey (40 CFR 

98.233(q)).

Any method in 40 

CFR 98.234(a). 

LNG Storage: Gas Service; LNG Import and 

Export Equipment: Gas Service.

Leak survey (40 CFR 

98.233(q)).

OGI as specified in 

the proposed NSPS 

subpart OOOOa.

Leak survey (40 CFR 

98.233(q)); OR 

Population count (40 

CFR 98.233(r)) e.

Any method in 40 

CFR 98.234(a). 

N/A. 

Natural Gas Distribution: Transmission-distribution transfer stations.N/A ............................. N/A ............................. Leak survey (40 CFR 

98.233(q)).

Any method in 40 

CFR 98.234(a). 

Natural Gas Distribution: Below grade metering-regulating stations and Distribution 

Mains and Services.

N/A ............................. N/A ............................. Population count (40 

CFR 98.233(r)).

N/A. 

a The methods in this column are the methods in the proposed NSPS subpart OOOOa. The final amendments to subpart W would reference 

the final version of the method(s) in the NSPS subpart OOOOa, including any changes made to the NSPS subpart OOOOa in response to comments on the proposed method. b ‘‘Any method in 40 CFR 98.234(a)’’ means any of the following methods: OGI as specified in 40 CFR 60.18 (40 CFR 98.234(a)(1)), Method 

21 (40 CFR 98.234(a)(2)), Infrared laser beam illuminated instrument (40 CFR 98.234(a)(3)), Acoustic leak detection device (40 CFR 

98.234(a)(5)), or OGI as specified in the proposed NSPS subpart OOOOa (40 CFR 98.234(a)(6)). c Reporting is required for emissions from valves, connectors, open-ended lines, pressure relief valves, and meters but is optional for pumps. 

d Reporting is required for emissions from valves, connectors, open-ended lines, pressure relief valves, and meters but is optional for flanges, 

instruments, and other components. e Reporting is only required for emissions from vapor recovery compressors if this option is chosen. 

In addition, the EPA is proposing to 

add three new reporting requirements 

for facilities conducting equipment leak 

surveys in all of the above segments as 

well as the Natural Gas Distribution 

segment. First, facilities in those 

segments would be required to report 

the method(s) in 40 CFR 98.234(a) used 

to conduct the survey(s). Second, 

facilities would be required to indicate 

whether any of their component types 

are subject to the NSPS subpart OOOOa. 

Finally, facilities would be required to 

indicate whether they elected to use the 

equipment leak survey methodology for 

any of their component types. 

C. How did we select the proposed 

leaker emission factors? 

As a first step, the EPA is proposing 

to align the subpart W equipment 

components with the proposed NSPS 

subpart OOOOa definition of ‘‘fugitive 

emissions component,’’ to the extent 

practical. A ‘‘fugitive emissions 

component’’ is proposed by the NSPS 

subpart OOOOa to include any 

component that has the potential to emit 

fugitive emissions of CH4 or volatile 

organic compounds (VOC) at a well site 

or compressor station site, including but 

not limited to valves, connectors, 

pressure relief devices, open-ended 

lines, access doors, flanges, closed vent 

systems, thief hatches or other openings 

on storage vessels, agitator seals, 

distance pieces, crankcase vents, 

blowdown vents, pump seals or 

diaphragms, compressors, separators, 

pressure vessels, dehydrators, heaters, 

instruments, and meters. We are not 

proposing to consider devices that vent 

as part of normal operations, such as 

natural gas-driven pneumatic 

controllers or natural gas-driven pumps, 

as fugitive emissions components, as the 

natural gas discharged from the device’s 

vent is not considered a fugitive 

emission. Emissions originating from a 

location other than the vent, such as the 

seals around the bellows of a diaphragm 

pump, would be considered fugitive 

emissions. 

Some of the components listed in the 

NSPS subpart OOOOa proposed 

definition of fugitive emissions 

component are already included as part 

of the subpart W equipment leaks 

calculation methodology, while other 

fugitive emissions components are 

specifically addressed in other 

calculation methodologies in subpart W. 


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11For example: Subramanian, R., et al., 2015, 

‘‘Methane Emissions from Natural Gas Compressor 

Stations in the Transmission and Storage Sector: 

Measurements and Comparisons with the EPA 

Greenhouse Gas Reporting Program Protocol,’’ 

Environ. Sci. Technol., vol. 49, pp. 3252–3261, 

February 10, 2015. 

For example, subpart W includes 

specific calculation methodologies for 

centrifugal and reciprocating 

compressors. If emissions from these 

certain compressor sources are observed 

during an OGI survey and these 

emissions are included as leaks in the 

subpart W equipment leak emissions 

calculation, then emissions from these 

sources could be double-counted. 

Therefore, we compared the list of 

components in the NSPS subpart 

OOOOa proposed definition of fugitive 

emissions component with the current 

methodologies in subpart W to identify 

which fugitive emissions components 

are already covered by an existing 

requirement in subpart W and which 

fugitive emissions components would 

be specifically covered as an equipment 

leak component in subpart W when 

using the OGI method as specified in 

the proposed NSPS subpart OOOOa. 

Based on this evaluation, we 

determined that the subpart W 

calculation methodology for storage 

tanks already generally includes 

emissions from thief hatches or other 

openings on storage vessels. Similarly, 

the subpart W methodologies for gasliquid separators include all potential 

emissions from these sources. Therefore, 

these sources are not considered 

equipment leak components in the 

proposed amendments to subpart W. We 

request comment on whether the EPA 

should consider separate approaches for 

controlled storage tanks and 

uncontrolled storage tanks. 

We also evaluated the subpart W 

compressor emission calculation 

methodologies to identify sources of 

overlap between these methodologies 

and the fugitive emission components 

included in the proposed NSPS subpart 

OOOOa. As noted previously, subpart 

W has specific calculation 

methodologies for centrifugal and 

reciprocating compressors. For 

centrifugal compressors, emission 

sources include wet seal oil degassing 

vent (for centrifugal compressors with 

wet seals), blowdown valve leakage, and 

isolation valve leakage. For 

reciprocating compressors, emission 

sources include reciprocating 

compressor rod packing vents, 

blowdown valve leakage, and isolation 

valve leakage. For compressors in the 

Onshore Petroleum and Natural Gas 

Production and the Onshore Petroleum 

and Natural Gas Gathering and Boosting 

industry segments, the compressor 

methods only cover emissions from the 

centrifugal compressor wet seal oil 

degassing vent and from the 

reciprocating compressor rod packing 

vent. Thus, for these industry segments, 

blowdown valve leakage and isolation 

valve leakage are proposed to be 

included as equipment leaks. For the 

Natural Gas Processing, Onshore 

Natural Gas Transmission Compression, 

Underground Natural Gas Storage, LNG 

Storage, and LNG Import and Export 

Equipment segments, subpart W 

requires reporters to make ‘‘as found’’ or 

continuous measurements for 

compressor emission sources, so the 

reporters will have either direct 

measurement data or site-specific 

emission factors by which to calculate 

emissions from all of the compressor 

sources listed above. Therefore, we are 

proposing to exclude these sources from 

the equipment leak calculation 

requirements. 

We are also proposing that for 

purposes of subpart W, all other fugitive 

emissions components as defined in the 

proposed NSPS subpart OOOOa not 

specifically identified above (e.g., 

storage tanks, gas-liquid separators, and 

compressor sources with explicit 

calculation methods in subpart W) 

would be considered equipment 

components when conducting an 

equipment leak survey using the OGI 

method as specified in the proposed 

NSPS subpart OOOOa. 

We note that some studies have 

identified unusually large fugitive 

emissions from some sources while 

conducting OGI or other advanced 

innovative monitoring studies. Often in 

these cases, a majority of emissions 

come from a minority of sources. This 

means that some sources have emissions 

significantly higher than would be 

calculated using average emission 

factors and average component types. 

Sources included in the subset of a data 

set that contribute to the majority of 

emissions are sometimes referred to as 

‘‘super emitters.’’ 11 These ‘‘super 

emitters’’ may include emissions from a 

number of different components, 

including thief hatches and holes that 

develop in equipment or vessels due to 

corrosion. As noted previously, these 

emission sources are already generally 

included in the subpart W calculation 

methodology for storage tanks, but for 

most other emission source types, we 

are proposing to include holes and other 

openings as part of the equipment leak 

requirements. We request comment on 

ways to more accurately account for 

these and other ‘‘super emitting’’ 

sources in the proposed calculation 

methods for equipment leaks. 

Next, we reviewed available literature 

studies in order to determine 

appropriate leaker emission factors 

separately for the relevant industry 

segments. For the Onshore Petroleum 

and Natural Gas Production industry 

segment, we first evaluated the EPA/Gas 

Research Institute (GRI) data set on 

which the current subpart W population 

emission factors are based. The EPA/

GRI data set is based on surveys 

conducted using EPA Method 21 with a 

leak defined as a monitor reading of 

10,000 ppmv or higher. We also 

evaluated more recent studies 

conducted at natural gas production 

facilities. As described in greater detail 

in the memorandum entitled ‘‘Technical 

Support for Leak Detection 

Methodology Revisions and 

Confidentiality Determinations for 

Petroleum and Natural Gas Systems’’ in 

Docket ID No. EPA–HQ–OAR–2015– 

0764, we concluded that the EPA/GRI 

data set provides sufficient data to 

develop leaker emission factors for this 

industry segment and that using this 

data set for the leaker emission factors 

provides consistency with the 

population emission factors used by 

reporters that do not conduct leak 

detection surveys. Due to differences in 

the monitoring methods, it is possible 

that the average emissions rate of a leak 

identified using EPA Method 21 may be 

different from the average emissions rate 

of a leak identified using OGI. While the 

OGI study data generally yielded larger 

leaker factors than those developed from 

the EPA/GRI data set, we found that 

leaker emission factors determined from 

more recent OGI study data for natural 

gas production facilities agreed 

reasonably well with the leaker 

emission factors developed from the 

EPA/GRI data set, suggesting that the 

EPA/GRI leaker emission factor 

estimates are still valid for this industry 

segment. Furthermore, the EPA/GRI 

data set is more robust for some 

components than some of the other 

studies, and the resulting leaker 

emission factors are well-established. 

We request comment on the basis for the 

leaker emission factors for the Onshore 

Petroleum and Natural Gas Production 

industry segment (i.e., whether it is 

appropriate to use solely the EPA/GRI 

data, use solely data from OGI 

monitoring studies, composite all 

available data to develop the leaker 

emission factors, or use other study 

data). 

For the Onshore Petroleum and 

Natural Gas Gathering and Boosting 

industry segment, the more recent OGI 

studies again suggested that the average 


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leaker emissions may be somewhat 

higher than those developed from the 

EPA/GRI data set for most components. 

However, when we considered only 

those component types that had a high 

number of measurements, there was 

generally reasonable agreement between 

the emission factors developed from the 

more recent OGI studies and those 

developed from the EPA/GRI data set. It 

is unclear if the differences noted are 

due to differences in the leak detection 

method, differences in the industry 

components or both. However, after 

reviewing the available data, we 

determined it was appropriate to use the 

leaker emission factors developed from 

the EPA/GRI data set for the Onshore 

Petroleum and Natural Gas Gathering 

and Boosting industry segment, so that 

the Onshore Petroleum and Natural Gas 

Production and Onshore Petroleum and 

Natural Gas Gathering and Boosting 

industry segments would share a 

common set of leaker factors, consistent 

with the use of the same population 

emission factors for these industry 

segments. We request comment on the 

basis for the leaker emission factors for 

the Onshore Petroleum and Natural Gas 

Gathering and Boosting industry 

segment. 

The Onshore Natural Gas Processing 

industry segment has leaker emission 

factors in subpart W for most traditional 

equipment leak components. Based on 

the proposed NSPS subpart OOOOa, the 

fugitive emissions monitoring 

requirements for this industry segment 

would be limited to ‘‘equipment,’’ 

which includes pumps, pressure relief 

devices, open-ended lines, valves, 

flanges and other connectors. Subpart W 

currently includes leaker emission 

factors in Table W–2 for all of these 

equipment component types except 

pumps. Therefore, we are proposing to 

add a leaker emission factor for pumps 

to Table W–2 based on the data set used 

to develop the existing leaker emission 

factors for the Onshore Natural Gas 

Processing industry segment. We 

request comment on the basis for the 

leaker emission factors for pumps in the 

Onshore Natural Gas Processing 

industry segment. 

The NSPS subpart OOOOa proposed 

definition of fugitive emissions 

components includes a number of other 

components that are not the traditional 

‘‘equipment’’ covered by traditional 

EPA Method 21 monitoring programs. In 

many cases, these additional 

components are not already included in 

other calculation methodologies in 

subpart W and should be considered 

within the subpart W equipment leak 

calculation methodologies. Therefore, 

we determined it necessary to develop 

additional leaker emission factors to 

augment the existing leaker emission 

factors in Tables W–3 through W–6 of 

subpart W in order to harmonize the 

subpart W equipment leak calculations 

with the proposed requirements in the 

NSPS subpart OOOOa. First, we 

reviewed the existing leaker emission 

factors in Tables W–3 through W–6 

compared to the proposed definition of 

‘‘fugitive emissions components’’ in the 

proposed NSPS subpart OOOOa to 

identify any discrepancies. Based on 

this review, we identified certain 

fugitive emissions components for 

which new leaker emission factors were 

needed. Therefore, we are proposing 

new leaker emission factors for flanges 

and ‘‘other’’ fugitive components and 

proposing to expand the existing leaker 

emission factor for meters to also 

include instruments in Tables W–3 and 

W–4 for the Onshore Natural Gas 

Transmission Compression and 

Underground Natural Gas Storage 

industry segments, respectively. We are 

also proposing to add leaker emission 

factors for traditional equipment 

components for storage wellheads for 

equipment in gas service within Table 

W–4. We are proposing to add these 

same leaker emission factors for 

traditional equipment components in 

gas service for LNG storage components 

within Table W–5 and for LNG terminal 

components within Table W–6. 

Consistent with the approach used for 

developing the new leaker emission 

factors for the Onshore Petroleum and 

Natural Gas Production and Onshore 

Petroleum and Natural Gas Gathering 

and Boosting segments, we used the 

same historic data sets upon which the 

existing leaker emission factors were 

developed to develop leaker emission 

factors for these additional components. 

For more detail regarding the 

development of these additional leaker 

emission factors for the Onshore Natural 

Gas Transmission Compression, the 

Underground Natural Gas Storage, the 

LNG Storage, and the LNG Import and 

Export Equipment industry segments, 

see the memorandum ‘‘Technical 

Support for Leak Detection 

Methodology Revisions and 

Confidentiality Determinations for 

Petroleum and Natural Gas Systems’’ in 

Docket ID No. EPA–HQ–OAR–2015– 

0764. We request comment on the basis 

for the proposed new leaker emission 

factors for these industry segments. 

III. Proposed Confidentiality 

Determinations 

A. Overview and Background 

In this proposed rulemaking, we are 

proposing confidentiality 

determinations for nine new or 

substantially revised data elements 

proposed to be reported by the 

following segments: Onshore Petroleum 

and Natural Gas Production; Onshore 

Petroleum and Natural Gas Gathering 

and Boosting; Onshore Natural Gas 

Processing; Onshore Natural Gas 

Transmission Compression; 

Underground Natural Gas Storage; LNG 

Storage; LNG Import and Export 

Equipment, and Natural Gas 

Distribution. These data elements 

include new or substantially revised 

reporting requirements for existing 

facilities already reporting under 

subpart W. The data elements are: (1) 

The number of complete equipment leak 

surveys performed during the calendar 

year; (2) whether any equipment leak 

component types are subject to the 

NSPS subpart OOOOa; (3) whether a 

reporter elected to report to subpart W 

using the equipment leak survey 

methodology; (4) the method(s) in 40 

CFR 98.234(a) used to conduct the leak 

survey; (5) component type; (6) the 

number of each type of component 

identified as leaking; (7) the average 

time each type of surveyed components 

is assumed to be leaking and 

operational; (8) annual CO2 emissions 

by component type; and (9) annual CH4

emissions by component type. 

The final confidentiality 

determinations the EPA has previously 

made for the remainder of the subpart 

W data elements are unaffected by these 

proposed amendments and continue to 

apply. For information on 

confidentiality determinations for the 

GHGRP and subpart W data elements, 

see: 75 FR 39094, July 7, 2010; 76 FR 

30782, May 26, 2011; 77 FR 48072, 

August 13, 2012; 79 FR 63750, October 

24, 2014; 79 FR 70385, November 25, 

2014; and 80 FR 64262, October 22, 

2015. These proposed confidentiality 

determinations would be finalized after 

considering public comment. The EPA 

plans to finalize these determinations at 

the same time the proposed 

amendments described in this 

rulemaking are finalized. 

B. Approach to Proposed CBI 

Determinations 

We are applying the same approach as 

previously used for making 

confidentiality determinations for data 

elements reported under the GHGRP. In 

the ‘‘Confidentiality Determinations for 

Data Required Under the Mandatory 

Greenhouse Gas Reporting Rule and 

Amendments to Special Rules 

Governing Certain Information Obtained 

Under the Clean Air Act’’ (hereafter 

referred to as ‘‘2011 Final CBI 

Rulemaking’’) (76 FR 30782, May 26, 


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12 Direct emitter data categories that meet the 

definition of ‘‘emission data’’ in 40 CFR 2.301(a) are 

‘‘Facility and Unit Identifier Information,’’ 

‘‘Emissions,’’ ‘‘Calculation Methodology and 

Methodological Tier,’’ and ‘‘Data Elements Reported 

for Periods of Missing Data that are not Inputs to 

Emission Equations.’’ 

13Revisions to Reporting and Recordkeeping 

Requirements, and Confidentiality Determinations 

Under the Greenhouse Gas Reporting Program; 

Final Rule. (79 FR 63750, October 24, 2014). 

14For a description of the types and 

characteristics of the data elements in each of these 

data categories, please see ‘‘Proposed 

Confidentiality Determinations for Data Required 

Under the Mandatory Greenhouse Gas Reporting 

Rule and Proposed Amendment to Special Rules 

Governing Certain Information Obtained Under the 

Clean Air Act; Proposed Rule’’ (75 FR 39094; July 

7, 2010). 

2011), the EPA grouped part 98 data 

elements into 22 data categories (11 

direct emitter data categories and 11 

supplier data categories) with each of 

the 22 data categories containing data 

elements that are similar in type or 

characteristics. The EPA then made 

categorical confidentiality 

determinations for eight direct emitter 

data categories and eight supplier data 

categories and applied the categorical 

confidentiality determination to all data 

elements assigned to the category. Of 

these data categories with categorical 

determinations, the EPA determined 

that four direct emitter data categories 

are comprised of those data elements 

that meet the definition of ‘‘emissions 

data,’’ as defined at 40 CFR 2.301(a), 

and are, therefore, not entitled to 

confidential treatment under section 

114(c) of the CAA.12 The EPA 

determined that the other four direct 

emitter data categories and the eight 

supplier data categories do not meet the 

definition of ‘‘emission data.’’ For these 

data categories that are determined not 

to be emission data, the EPA determined 

categorically that data in three direct 

emitter data categories and five supplier 

data categories are eligible for 

confidential treatment as CBI, and that 

the data in one direct emitter data 

category and three supplier data 

categories are ineligible for confidential 

treatment as CBI. For two direct emitter 

data categories, ‘‘Unit/Process ‘Static’ 

Characteristics that Are Not Inputs to 

Emission Equations’’ and ‘‘Unit/Process 

Operating Characteristics that Are Not 

Inputs to Emission Equations,’’ and 

three supplier data categories, ‘‘GHGs 

Reported,’’ ‘‘Production/Throughput 

Quantities and Composition,’’ and 

‘‘Unit/Process Operating 

Characteristics,’’ the EPA determined in 

the 2011 Final CBI Rulemaking that the 

data elements assigned to those 

categories are not emission data, but the 

EPA did not make categorical CBI 

determinations for them. Rather, the 

EPA made CBI determinations for each 

individual data element included in 

those categories on a case-by-case basis 

taking into consideration the criteria in 

40 CFR 2.208. The EPA did not make a 

final confidentiality determination for 

data elements assigned to the inputs to 

emission equation data category (a 

direct emitter data category) in the 2011 

Final CBI Rulemaking. However, the 

EPA has since proposed and finalized 

an approach for addressing disclosure 

concerns associated with inputs to 

emissions equations.13

For this rulemaking, we are proposing 

to assign nine new or revised data 

elements to the appropriate direct 

emitter data categories created in the 

2011 Final CBI Rulemaking based on the 

type and characteristics of each data 

element.14 Note that subpart W is a 

direct emitter source category, thus, no 

data are assigned to any supplier data 

categories. 

For the seven data elements that the 

EPA has assigned in this proposed 

rulemaking to a direct emitter category 

with a categorical determination (data 

elements (1) through (5), (8), and (9), as 

listed in section III.A of this preamble), 

the EPA is proposing that the categorical 

determination for the category be 

applied to the proposed new or revised 

data element. For the proposed 

categorical assignment of the data 

elements in the eight categories with 

categorical determinations, see the 

memorandum ‘‘Data Category 

Assignments and Confidentiality 

Determinations for All Data Elements in 

the Proposed ‘Leak Detection 

Methodology Revisions and 

Confidentiality Determinations for 

Petroleum and Natural Gas Systems’ ’’ in 

Docket ID No. EPA–HQ–OAR–2015– 

0764. 

For the two data elements assigned to 

‘‘Unit/Process Operating Characteristics 

that Are Not Inputs to Emission 

Equations’’ (data elements (6) and (7), as 

listed in section III.A of this preamble), 

we are proposing confidentiality 

determinations on a case-by-case basis 

taking into consideration the criteria in 

40 CFR 2.208, consistent with the 

approach used for data elements 

previously assigned to this data 

category. For the proposed categorical 

assignment of these data elements, see 

the memorandum ‘‘Data Category 

Assignments and Confidentiality 

Determinations for All Data Elements in 

the Proposed ‘Leak Detection 

Methodology Revisions and 

Confidentiality Determinations for 

Petroleum and Natural Gas Systems’ ’’ in 

Docket ID No. EPA–HQ–OAR–2015– 

0764. For the results of our case-by-case 

evaluation of these data elements, see 

section III.C of this preamble. 

C. Proposed Confidentiality 

Determinations for Data Elements 

Assigned to the ‘‘Unit/Process Operating 

Characteristics That Are Not Inputs to 

Emission Equations’’ Data Category 

The EPA is proposing to assign two 

proposed new or substantially revised 

data elements for subpart W to the 

‘‘Unit/Process Operating Characteristics 

That Are Not Inputs to Emission 

Equations’’ data category because the 

proposed new or substantially revised 

data elements share the same 

characteristics as the other data 

elements previously assigned to the 

category in earlier EPA rulemakings (see 

77 FR 48072, August 13, 2012; and 79 

FR 70352, November 25, 2014). We are 

proposing confidentiality 

determinations for these proposed new 

or substantially revised data elements 

based on the approach set forth in the 

2011 Final CBI Rulemaking for data 

elements assigned to this data category. 

In that rulemaking, the EPA determined 

categorically that data elements 

assigned to this data category do not 

meet the definition of emission data in 

40 CFR 2.301(a); the EPA then made 

individual, instead of categorical, 

confidentiality determinations for these 

data elements. For more information on 

how the confidentiality determinations 

apply to specific industry segments, see 

the memorandum ‘‘Data Category 

Assignments and Confidentiality 

Determinations for All Data Elements in 

the Proposed ‘Leak Detection 

Methodology Revisions and 

Confidentiality Determinations for 

Petroleum and Natural Gas Systems’ ’’ in 

Docket ID No. EPA–HQ–OAR–2015– 

0764. 

As with all other data elements 

assigned to this data category, the 

proposed new or substantially revised 

data elements do not meet the definition 

of emissions data in 40 CFR 2.301(a). 

The EPA then considered the 

confidentiality criteria at 40 CFR 2.208 

in making our proposed confidentiality 

determinations. Specifically, we focused 

on whether the data are already publicly 

available from other sources and, if not, 

whether disclosure of the data is likely 

to cause substantial harm to the 

business’ competitive position. Table 3 

of this preamble lists the data elements 

that the EPA proposes to assign to the 

‘‘Unit/Process Operating Characteristics 

That Are Not Inputs to Emission 


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Equations’’ data category, the proposed 

confidentiality determination for each 

data element, and our rationale for each 

determination. 

TABLE 3—PROPOSED CONFIDENTIALITY FOR DATA ELEMENTS ASSIGNED TO THE ‘‘UNIT/PROCESS OPERATING

CHARACTERISTICS THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORY

Citation Data element Proposed confidentiality determination and rationale 

§ 98.236(q)(2)(ii) ........ For each component type that is located at your facility, total number of 

the surveyed component type that 

were identified as leaking in the calendar year (‘‘xp’’ in Equation W–30). 

Not CBI. The term ‘‘equipment leaks’’ refers to those emissions which could 

not reasonably pass through a stack, chimney, vent, or other functionallyequivalent opening. Leaking components at a facility may have a correlation 

to the level of maintenance at a facility. However, there is no direct correlation between the level of maintenance and process efficiency, i.e., a higher 

number of leaks in one facility do not indicate that the processes have been 

running longer or more frequently than those processes at another facility 

that has a lower number of leaks. Furthermore, Department of Transportation (DOT) and Federal Energy Regulatory Commission (FERC) regulations require natural gas distribution companies and transmission pipeline 

companies, respectively, to conduct periodic leak detection and fix any leaking equipment. The number of leaks detected and fixed is reported to the 

DOT and is publicly available. Finally, 40 CFR part 60, subparts KKK and 

OOOO require natural gas processing facilities to monitor for VOC leaks 

and report them to the EPA, and proposed 40 CFR part 60, subpart 

OOOOa would require reporting for each component with visible emissions 

at affected well sites and compressor station sites. The EPA is proposing 

that this data element is not confidential; and that it will be considered nonCBI. 

§ 98.236(q)(2)(iii) ........ For each component type that is located at your facility, average time 

the surveyed components are assumed to be leaking and operational, 

in hours (average of ‘‘Tp,z’’ from 

Equation W–30). 

Not CBI. This proposed data element would provide information on the 

amount of time operational components were found to be leaking. This information would provide little insight into maintenance practices at a facility 

because it would not identify the cause of the leaks or the nature and cost 

of repairs. Therefore, this information would not be likely to cause substantial competitive harm to reporters. For this reason, we are proposing the average time operational components were found leaking be designated as 

‘‘not CBI.’’ 

D. Request for Comments on Proposed 

Confidentiality Determinations 

For the CBI component of this 

rulemaking, we are specifically 

soliciting comment on the following 

issues. First, we specifically seek 

comment on the proposed data category 

assignments, and application of the 

established categorical confidentiality 

determinations to data elements 

assigned to categories with such 

determinations. If a commenter believes 

that the EPA has improperly assigned 

certain new or substantially revised data 

elements to any of the data categories 

established in the 2011 Final CBI 

Rulemaking, please provide specific 

comments identifying which of these 

data elements may be mis-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 addition, if you 

believe that a data element should be 

assigned to one of the two direct emitter 

data categories that do not have a 

categorical confidentiality 

determination, please also provide 

specific comment along with detailed 

rationale and supporting information on 

whether such a data element does or 

does not qualify as CBI. 

We also seek comment on the 

proposed individual confidentiality 

determinations for the two new or 

substantially revised data elements 

assigned to the ‘‘Unit/Process Operating 

Characteristics That Are Not Inputs to 

Emission Equations’’ data category. 

By proposing confidentiality 

determinations prior to data reporting 

through this proposal and rulemaking 

process, we provide reporters an 

opportunity to submit comments, in 

particular comments identifying data 

they consider sensitive and their 

rationales and supporting 

documentation; this opportunity is the 

same opportunity that is afforded to 

submitters of information in case-bycase confidentiality determinations 

made in response to individual claims 

for confidential treatment not made 

through a rulemaking. 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 a reporter’s only opportunity to 

substantiate a confidentiality claim for 

the data elements identified in this 

rulemaking. Upon finalizing the 

confidentiality determinations of the 

data elements identified in this 

rulemaking, 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 rulemaking, please 

identify each individual data element 

you do or do not consider to be CBI or 

emission data in your comments. Please 

explain specifically how the public 

release of that particular data element 

would or would not cause a competitive 

disadvantage to a facility. Discuss how 

this data element may be different from 

or similar to data that are already 

publicly available. Please submit 

information identifying any publicly 

available sources of information 

containing the specific data elements in 

question. 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 

publicly available, including a citation. 

If the data are physically published, 

such as in a book, industry trade 

publication, or federal agency 


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publication, provide the title, volume 

number (if applicable), author(s), 

publisher, publication date, and 

International Standard Book Number 

(ISBN) or other identifier. For data 

published on a Web site, provide the 

address of the Web site and the date you 

last visited the Web site and identify the 

Web site publisher and content author. 

If your concern is that competitors 

could use a particular 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 

aspect of your facility that would be 

revealed if the particular data element 

you consider sensitive were made 

publicly available. If the data element 

you identify would cause harm only 

when used in combination with other 

publicly available data, then describe 

the other data, identify the public 

source(s) of these data, and explain how 

the combination of data could be used 

to cause competitive harm. Describe the 

measures currently taken to keep the 

data confidential. Avoid conclusory and 

unsubstantiated statements, or general 

assertions regarding potential harm. 

Please be as specific as possible in your 

comments and include all information 

necessary for the EPA to evaluate your 

comments. 

IV. Impacts of the Proposed 

Amendments to Subpart W 

As discussed in section II of this 

preamble, the EPA is proposing 

amendments to subpart W that would 

add equipment leak monitoring 

methods and would revise 

recordkeeping and reporting 

requirements for reporters in the 

following industry segments: Onshore 

Petroleum and Natural Gas Production, 

Onshore Petroleum and Natural Gas 

Gathering and Boosting, Onshore 

Natural Gas Processing, Onshore 

Natural Gas Transmission Compression, 

Underground Natural Gas Storage, LNG 

Storage, LNG Import and Export 

Equipment, and Natural Gas 

Distribution. Reporters in these industry 

segments would be required to use the 

results of fugitive emissions component 

monitoring required under the proposed 

NSPS subpart OOOOa or could 

voluntarily use the results of leak 

detection surveys that are conducted 

following a leak detection method listed 

in subpart W to determine the number 

of leaking components of a given type 

that are present at the facility. Facilities 

would use these results along with the 

proposed leaker emission factors to 

determine their emissions. 

The proposed amendments to subpart 

W are not expected to significantly 

increase burden. We estimated that the 

additional costs to reporters in the 

Onshore Petroleum and Natural Gas 

Production and the Onshore Petroleum 

and Natural Gas Gathering and Boosting 

industry segments to transition their 

existing equipment leak recordkeeping, 

calculating, and reporting systems to 

use the proposed leaker emission factor 

approach would be approximately 

$50,000 per year for all reporters, or 

about $200 per reporter. Reporters in the 

other industry segments in subpart W 

would only need to add a few new 

emission factors to their existing 

systems rather than transitioning their 

recordkeeping, calculating, and 

reporting systems, so we do not estimate 

any additional burden for these 

facilities. See the memorandum, 

‘‘Assessment of Impacts of the Proposed 

Leak Detection Methodology Revisions 

to Subpart W’’ in Docket ID No. EPA– 

HQ–OAR–2015–0764 for additional 

information. 

V. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the OMB for review. 

B. Paperwork Reduction Act (PRA) 

The information collection activities 

in this proposed 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 2300.19. You can find 

a copy of the ICR in the docket for this 

rule, and it is briefly summarized here. 

This action proposes to increase 

burden related to recordkeeping and 

reporting requirements for reporters in 

two industry segments: Onshore 

Petroleum and Natural Gas Production 

and Onshore Petroleum and Natural Gas 

Gathering and Boosting. The changes to 

recordkeeping and reporting 

requirements for the other industry 

segments in this proposed rulemaking 

are not expected to increase burden. 

Impacts associated with the proposed 

changes to the recordkeeping and 

reporting requirements are detailed in 

the memorandum ‘‘Assessment of 

Impacts of the Proposed Leak Detection 

Methodology Revisions to Subpart W’’ 

(see Docket ID No. EPA–HQ–OAR– 

2015–0764). 

Data collected must be made available 

to the public unless the data qualify for 

CBI treatment under the CAA and EPA 

regulations. All data determined by the 

EPA to be CBI are safeguarded in 

accordance with regulations in 40 CFR 

chapter 1, part 2, subpart B. 

Respondents/affected entities: The 

respondents in this information 

collection include owners and operators 

of petroleum and natural gas systems 

facilities that report their GHG 

emissions from equipment leaks to the 

EPA to comply with subpart W. 

Respondent’s obligation to respond: 

The respondent’s obligation to respond 

is mandatory under the authority 

provided in CAA section 114. 

Estimated number of respondents: 

Approximately 251 respondents per 

year. 

Frequency of response: Annual. 

Total estimated burden: 502 hours 

(per year). Burden is defined at 5 CFR 

1320.3(b). 

Total estimated cost: $50,000 (per 

year). 

An agency may not conduct or 

sponsor, and a person is not required 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 

agency’s need for this information, 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 and 

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 February 29, 2016. The EPA 

will respond to any ICR-related 

comments in the final rule. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action would not 

have a significant economic impact on 

a substantial number of small entities 

under the RFA. The small entities 

directly regulated by this proposed rule 

include small businesses in the 

petroleum and natural gas industry. The 

EPA has determined that some small 

businesses would be affected because 

their production processes emit GHGs 

exceeding the reporting threshold. This 

action includes proposed amendments 


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that may result in a small burden 

increase on some subpart W reporters, 

but the EPA has determined that the 

cost of less than $200 per reporter is not 

a significant increase. Details of this 

analysis are presented in ‘‘Assessment 

of Impacts of the Leak Detection 

Methodology Revisions and 

Confidentiality Determinations for 

Petroleum and Natural Gas Systems’’ in 

Docket ID No. EPA–HQ–OAR–2015– 

0764. 

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. This 

action would impose no enforceable 

duty on any state, local, or tribal 

governments or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action has tribal implications. 

However, it will neither impose 

substantial direct compliance costs on 

tribal governments, nor preempt tribal 

law. This regulation would apply 

directly to petroleum and natural gas 

facilities that emit greenhouses gases. 

Although few facilities that would be 

subject to the rule are likely to be owned 

by tribal governments, the EPA sought 

opportunities to provide information to 

tribal governments and representatives 

during the development of the proposed 

and final subpart W that was 

promulgated on November 30, 2010 (75 

FR 74458). 

The EPA consulted with tribal 

officials under the EPA Policy on 

Consultation and Coordination with 

Indian Tribes early in the process of 

developing this regulation to permit 

them to have meaningful and timely 

input into its development. A summary 

of that consultation is provided in 

section IV.F of the preamble to the reproposal of subpart W published on 

April 12, 2010 (75 FR 18608), and 

section IV.F of the preamble to the 

subpart W 2010 final rule published on 

November 30, 2010 (75 FR 74458). 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying 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. This 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 subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

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 would not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations because the amendments 

would not affect the level of protection 

provided to human health or the 

environment. Instead, the proposed 

amendments address information 

collection and reporting and verification 

procedures. 

List of Subjects in 40 CFR Part 98 

Environmental protection, 

Administrative practice and procedure, 

Greenhouse gases, Incorporation by 

reference, Reporting and recordkeeping 

requirements. 

Dated: January 21, 2016. 

Gina McCarthy, 

Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I, of the Code 

of Federal Regulations is proposed to be 

amended as follows: 

PART 98—MANDATORY 

GREENHOUSE GAS REPORTING 

■ 1. The authority citation for part 98 

continues to read as follows: 

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

Subpart W—Petroleum and Natural 

Gas Systems 

■ 2. § 98.232 is amended by: 

■ a. Adding paragraphs (d)(8) and (e)(8); 

■ b. Revising paragraph (f)(5); 

■ c. Adding paragraphs (f)(6) through 

(8); 

■ d. Revising paragraphs (g)(3) and (4); 

■ e. Adding paragraphs (g)(5) and (6); 

■ f. Revising paragraphs (h)(4) and (5); 

and 

■ g. Adding paragraphs (h)(6) and (7). 

The revisions and additions read as 

follows: 

§ 98.232 GHGs to report. 

* * * * * 

(d) * * * 

(8) Equipment leaks from pumps that 

are subject to 40 CFR part 60, subpart 

OOOOa. You may also elect to report 

emissions from pumps if you survey 

them using a leak detection method 

described in § 98.234(a) and are not 

subject to 40 CFR part 60, subpart 

OOOOa. 

(e) * * * 

(8) Equipment leaks from all 

equipment leak component types, 

except those listed in paragraph (e)(7) of 

this section, that are subject to 40 CFR 

part 60, subpart OOOOa. You may also 

elect to report emissions from these 

equipment leak component types if you 

survey them using a leak detection 

method described in § 98.234(a) and are 

not subject to 40 CFR part 60, subpart 

OOOOa. 

(f) * * * 

(5) Equipment leaks from valves, 

connectors, open ended lines, pressure 

relief valves, and meters associated with 

storage stations. 

(6) Equipment leaks from all 

equipment leak component types 

associated with storage stations, except 

those listed in paragraph (f)(5) of this 

section, that are subject to 40 CFR part 

60, subpart OOOOa. You may also elect 

to report emissions from these 

equipment leak component types if you 

survey them using a leak detection 

method described in § 98.234(a) and are 

not subject to 40 CFR part 60, subpart 

OOOOa. 

(7) Equipment leaks from valves, 

connectors, open-ended lines, and 

pressure relief valves associated with 

storage wellheads. 

(8) Equipment leaks from all 

equipment leak component types 

associated with storage wellheads, 

except those listed in paragraph (f)(7) of 

this section, that are subject to 40 CFR 

part 60, subpart OOOOa. You may also 

elect to report emissions from these 

equipment leak component types if you 

survey them using a leak detection 


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method described in § 98.234(a) and are 

not subject to 40 CFR part 60, subpart 

OOOOa. 

(g) * * * 

(3) Flare stack emissions. 

(4) Equipment leaks from valves, 

pump seals, connectors, and other 

equipment leak sources in LNG service. 

(5) Equipment leaks from vapor 

recovery compressors that are not 

subject to 40 CFR part 60, subpart 

OOOOa. 

(6) Equipment leaks from all 

equipment leak component types in gas 

service that are subject to 40 CFR part 

60, subpart OOOOa. You may also elect 

to report emissions from these 

equipment leak component types if you 

survey them using a leak detection 

method described in § 98.234(a) and are 

not subject to 40 CFR part 60, subpart 

OOOOa. 

(h) * * * 

(4) Flare stack emissions. 

(5) Equipment leaks from valves, 

pump seals, connectors, and other 

equipment leak sources in LNG service. 

(6) Equipment leaks from vapor 

recovery compressors that are not 

subject to 40 CFR part 60, subpart 

OOOOa. 

(7) Equipment leaks from all 

equipment leak component types in gas 

service that are subject to 40 CFR part 

60, subpart OOOOa. You may also elect 

to report emissions from these 

equipment leak component types if you 

survey them using a leak detection 

method described in § 98.234(a) and are 

not subject to 40 CFR part 60, subpart 

OOOOa. 

* * * * * 

■ 3. § 98.233 is amended by revising 

paragraph (q) and the first two sentences 

of paragraph (r)(1) introductory text to 

read as follows: 

§ 98.233 Calculating GHG emissions. 

* * * * * 

(q) Equipment leak surveys. (1) 

Applicability. (i) Except as specified in 

paragraph (q)(1)(iv) of this section, you 

must use any of the methods described 

in § 98.234(a) to conduct leak 

detection(s) of equipment leaks from all 

equipment leak component types listed 

in § 98.232(d)(7), (e)(7), (f)(5), (g)(4), 

(h)(5), and (i)(1), and you must calculate 

equipment leak emissions for these 

equipment leak component types using 

the procedures specified in paragraph 

(q)(2) of this section. 

(ii) Except as specified in paragraph 

(q)(1)(iv) of this section, equipment 

component types in § 98.232(c)(21), 

(d)(8), (e)(8), (f)(6), (f)(7), (f)(8), (g)(6), 

(h)(7), and (j)(10) that are subject to 40 

CFR part 60, subpart OOOOa are subject 

to the equipment leak emissions 

calculation procedures in paragraph 

(q)(2) of this section. 

(iii) Except as specified in paragraph 

(q)(1)(iv) of this section, you may elect 

to comply with this paragraph (q) (i.e., 

use any of the methods described in 

§ 98.234(a) to conduct leak detections, 

and use the procedures specified in 

paragraph (q)(2) of this section to 

calculate emissions) for any equipment 

leak component types in § 98.232(c)(21), 

(d)(8), (e)(8), (f)(6), (f)(7), (f)(8), (g)(6), 

(h)(7), and (j)(10) that are not subject to 

paragraph (q)(1)(ii) of this section. 

(iv) This paragraph (q) applies to 

component types in streams with gas 

content greater than 10 percent CH4 plus 

CO2 by weight. Component types in 

streams with gas content less than or 

equal to 10 percent CH4 plus CO2 by 

weight are exempt from the 

requirements of this paragraph (q) and 

do not need to be reported. Tubing 

systems equal to or less than one half 

inch diameter are exempt from the 

requirements of this paragraph (q) and 

do not need to be reported. 

(2) Emission calculation methodology. 

For industry segments listed in 

§ 98.230(a)(2) through (9), if equipment 

leaks are detected for component types 

listed in paragraphs (q)(1)(i) through (iii) 

of this section, then you must calculate 

equipment leak emissions per 

component type per reporting facility 

using Equation W–30 of this section and 

the requirements specified in 

paragraphs (q)(2)(i) through (xi) of this 

this section. For the industry segment 

listed in § 98.230(a)(8), the results from 

Equation W–30 are used to calculate 

population emission factors on a meter/ 

regulator run basis using Equation W–31 

of this section. If you chose to conduct 

equipment leak surveys at all above 

grade transmission-distribution transfer 

stations over multiple years, ‘‘n,’’ 

according to paragraph (q)(2)(x)(A) of 

this section, then you must calculate the 

emissions from all above grade 

transmission-distribution transfer 

stations as specified in paragraph 

(q)(2)(xi) of this section. 

Where: 

Es,p,i = Annual total volumetric emissions of 

GHGi from specific component type ‘‘p’’ 

(in accordance with paragraphs (q)(1)(i) 

through (iii) of this section) in standard 

(‘‘s’’) cubic feet, as specified in 

paragraphs (q)(2)(ii) through (x) of this 

section. 

xp = Total number of specific component 

type ‘‘p’’ detected as leaking in any leak 

survey during the year. A component 

found leaking in two or more surveys 

during the year is counted as one leaking 

component. 

EFs,p = Leaker emission factor for specific 

component types listed in Table 1E and 

Table W–2 through Table W–7 of this 

subpart. 

GHGi = For onshore petroleum and natural 

gas production facilities and onshore 

petroleum and natural gas gathering and 

boosting facilities, concentration of 

GHGi, CH4, or CO2, in produced natural 

gas as defined in paragraph (u)(2) of this 

section; for onshore natural gas 

processing facilities, concentration of 

GHGi, CH4 or CO2, in the total 

hydrocarbon of the feed natural gas; for 

onshore natural gas transmission 

compression and underground natural 

gas storage, GHGi equals 0.975 for CH4

and 1.1 × 10¥2 for CO2 ; for LNG storage 

and LNG import and export equipment, 

GHGi equals 1 for CH4 and 0 for CO2; and 

for natural gas distribution, GHGi equals 

1 for CH4 and 1.1 × 10¥2 CO2. 

Tp,z = The total time the surveyed component 

‘‘z’’, component type ‘‘p’’, was assumed 

to be leaking and operational, in hours. 

If one leak detection survey is conducted 

in the calendar year, assume the 

component was leaking for the entire 

calendar year. If multiple leak detection 

surveys are conducted in the calendar 

year, assume a component found leaking 

in the first survey was leaking since the 

beginning of the year; assume a 

component found leaking in the last 

survey of the year was leaking from the 

preceding survey through the end of the 

year; assume a component found leaking 

in a survey between the first and last 

surveys of the year was leaking since the 

preceding survey; and sum times for all 

leaking periods. For each leaking 

component, account for time the 

component was not operational (i.e., not 

operating under pressure) using an 

engineering estimate based on best 

available data. 

(i) You must conduct either one leak 

detection survey in a calendar year or 

multiple complete leak detection 

surveys in a calendar year. The leak 

detection surveys selected must be 

conducted during the calendar year. 


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(ii) Calculate both CO2 and CH4 mass 

emissions using calculations in 

paragraph (v) of this section. 

(iii) Onshore petroleum and natural 

gas production facilities must use the 

appropriate default whole gas leaker 

emission factors for components in gas 

service, light crude service, and heavy 

crude service listed in Table W–1E of 

this subpart. 

(iv) Onshore petroleum and natural 

gas gathering and boosting facilities 

must use the appropriate default whole 

gas leaker factors for components in gas 

service listed in Table W–1E of this 

subpart. 

(v) Onshore natural gas processing 

facilities must use the appropriate 

default total hydrocarbon leaker 

emission factors for compressor 

components in gas service and noncompressor components in gas service 

listed in Table W–2 of this subpart. 

(vi) Onshore natural gas transmission 

compression facilities must use the 

appropriate default total hydrocarbon 

leaker emission factors for compressor 

components in gas service and noncompressor components in gas service 

listed in Table W–3 of this subpart. 

(vii) Underground natural gas storage 

facilities must use the appropriate 

default total hydrocarbon leaker 

emission factors for storage stations in 

gas service listed in Table W–4 of this 

subpart. 

(viii) LNG storage facilities must use 

the appropriate default methane leaker 

emission factors for LNG storage 

components in gas service listed in 

Table W–5 of this subpart. 

(ix) LNG import and export facilities 

must use the appropriate default 

methane leaker emission factors for LNG 

terminals components in LNG service 

listed in Table W–6 of this subpart. 

(x) Natural gas distribution facilities 

must use Equation W–30 of this section 

and the default methane leaker emission 

factors for transmission-distribution 

transfer station components in gas 

service listed in Table W–7 of this 

subpart to calculate component 

emissions from annual equipment leak 

surveys conducted at above grade 

transmission-distribution transfer 

stations. Natural gas distribution 

facilities are required to perform 

equipment leak surveys only at above 

grade stations that qualify as 

transmission-distribution transfer 

stations. Below grade transmissiondistribution transfer stations and all 

metering-regulating stations that do not 

meet the definition of transmissiondistribution transfer stations are not 

required to perform equipment leak 

surveys under this section. 

(A) Natural gas distribution facilities 

may choose to conduct equipment leak 

surveys at all above grade transmissiondistribution transfer stations over 

multiple years ‘‘n’’, not exceeding a five 

year period to cover all above grade 

transmission-distribution transfer 

stations. If the facility chooses to use the 

multiple year option, then the number 

of transmission-distribution transfer 

stations that are monitored in each year 

should be approximately equal across 

all years in the cycle. 

(B) Use Equation W–31 of this section 

to determine the meter/regulator run 

population emission factors for each 

GHGi. As additional survey data become 

available, you must recalculate the 

meter/regulator run population 

emission factors for each GHGi annually 

according to paragraph (q)(2)(x)(C) of 

this section. 

Where: 

EFs,MR,i = Meter/regulator run population 

emission factor for GHGi based on all 

surveyed above grade transmissiondistribution transfer stations over ‘‘n’’ 

years, in standard cubic feet of GHGi per 

operational hour of all meter/regulator 

runs. 

Es,p,i,y = Annual total volumetric emissions at 

standard conditions of GHGi from 

component type ‘‘p’’ during year ‘‘y’’ in 

standard (‘‘s’’) cubic feet, as calculated 

using Equation W–30 of this section. 

p = Seven component types listed in Table 

W–7 of this subpart for transmissiondistribution transfer stations. 

Tw,y = The total time the surveyed meter/

regulator run ‘‘w’’ was operational, in 

hours during survey year ‘‘y’’ using an 

engineering estimate based on best 

available data. 

CountMR,y = Count of meter/regulator runs 

surveyed at above grade transmissiondistribution transfer stations in year ‘‘y’’. 

y = Year of data included in emission factor 

‘‘EFs,MR,i’’ according to paragraph 

(q)(2)(x)(C) of this section. 

n = Number of years of data, according to 

paragraph (q)(8)(i) of this section, whose 

results are used to calculate emission 

factor ‘‘EFs,MR,i’’ according to paragraph 

(q)(2)(x)(C) of this section. 

(C) The emission factor ‘‘EFs,MR,i’’, 

based on annual equipment leak surveys 

at above grade transmission-distribution 

transfer stations, must be calculated 

annually. If you chose to conduct 

equipment leak surveys at all above 

grade transmission-distribution transfer 

stations over multiple years, ‘‘n,’’ 

according to paragraph (q)(2)(x)(A) of 

this section and you have submitted a 

smaller number of annual reports than 

the duration of the selected cycle period 

of 5 years or less, then all available data 

from the current year and previous years 

must be used in the calculation of the 

emission factor ‘‘EFs,MR,i’’ from Equation 

W–31 of this section. After the first 

survey cycle of ‘‘n’’ years is completed 

and beginning in calendar year (n+1), 

the survey will continue on a rolling 

basis by including the survey results 

from the current calendar year ‘‘y’’ and 

survey results from all previous (n¥1) 

calendar years, such that each annual 

calculation of the emission factor 

‘‘EFs,MR,i’’ from Equation W–31 is based 

on survey results from ‘‘n’’ years. Upon 

completion of a cycle, you may elect to 

change the number of years in the next 

cycle period (to be 5 years or less). If the 

number of years in the new cycle is 

greater than the number of years in the 

previous cycle, calculate ‘‘EFs,MR,i’’ from 

Equation W–31 in each year of the new 

cycle using the survey results from the 

current calendar year and the survey 

results from the preceding number years 

that is equal to the number of years in 

the previous cycle period. If the number 

of years, ‘‘nnew’’, in the new cycle is 

smaller than the number of years in the 

previous cycle, ‘‘n’’, calculate ‘‘EFs,MR,i’’ 

from Equation W–31 in each year of the 

new cycle using the survey results from 

the current calendar year and survey 

results from all previous (nnew¥1) 

calendar years. 

(xi) If you chose to conduct 

equipment leak surveys at all above 

grade transmission-distribution transfer 

stations over multiple years, ‘‘n,’’ 

according to paragraph (q)(2)(x)(A) of 

this section, you must use the meter/

regulator run population emission 


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5002 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules 

factors calculated using Equation W–31 

of this section and the total count of all 

meter/regulator runs at above grade 

transmission-distribution transfer 

stations to calculate emissions from all 

above grade transmission-distribution 

transfer stations using Equation W–32B 

in paragraph (r) of this section. 

(r) * * * This paragraph (r) applies to 

emissions sources listed in 

§ 98.232(c)(21), (f)(7), (g)(5), (h)(6), and 

(j)(10) that are not subject to the 

requirements in paragraph (q) of this 

section, and it applies to emission 

sources listed in § 98.232(i)(2), (i)(3), 

(i)(4), (i)(5), (i)(6), and (j)(11). To be 

subject to the requirements of this 

paragraph (r), the listed emissions 

sources also must contact streams with 

gas content greater than 10 percent CH4

plus CO2 by weight. Emissions sources 

that contact streams with gas content 

less than or equal to 10 percent CH4

plus CO2 by weight are exempt from the 

requirements of this paragraph (r) and 

do not need to be reported. * * * 

* * * * * 

■ 4. § 98.234 is amended by revising 

paragraph (a) introductory text and the 

paragraph (a)(1) heading and adding 

paragraph (a)(6) to read as follows: 

§ 98.234 Monitoring and QA/QC 

requirements. 

* * * * * 

(a) You must use any of the methods 

described in paragraphs (a)(1) through 

(5) of this section to conduct leak 

detection(s) of through-valve leakage 

from all source types listed in 

§ 98.233(k), (o), and (p) that occur 

during a calendar year. You must use 

any of the methods described in 

paragraphs (a)(1) through (6) of this 

section to conduct leak detection(s) of 

equipment leaks from component types 

listed in § 98.233(q)(1)(i) and (iii) that 

occur during a calendar year. To 

conduct leak detection(s) of equipment 

leaks from component types listed in 

§ 98.233(q)(1)(ii), you must use the 

method described in paragraph (a)(6) of 

this section. 

(1) Optical gas imaging instrument as 

specified in 40 CFR 60.18. * * * 

* * * * * 

(6) Optical gas imaging instrument as 

specified in 40 CFR 60.5397a. Use an 

optical gas imaging instrument for 

equipment leak detection in accordance 

with § 60.5397a(b) through (e) and (g) 

through (i) of this chapter and 

paragraphs (a)(6)(i) through (v) of this 

section. 

(i) For the purposes of this subpart, 

any fugitive emission from a fugitive 

emissions component, as defined in 40 

CFR part 60, subpart OOOOa, that is 

detected by the optical gas imaging 

instrument is a leak. 

(ii) For the purposes of this subpart, 

the term ‘‘fugitive emissions 

component’’ in § 60.5397a(b) through (i) 

of this chapter means ‘‘equipment leak 

component.’’ 

(iii) For the purpose of complying 

with § 98.233(q)(1)(iii), the phrases ‘‘the 

collection of fugitive emissions 

components at well sites and 

compressor stations’’ and ‘‘each 

collection of fugitive emissions 

components at a well site and each 

collection of fugitive emissions 

components at a compressor station’’ in 

§ 60.5397a(b) and (g) of this chapter 

mean ‘‘the collection of equipment leak 

components for which you elect to 

comply with § 98.233(q)(1)(iii).’’ 

(iv) The requirements in 

§ 60.5397a(c)(4) and (5) of this chapter 

to include procedures and timelines for 

repair in your monitoring plan do not 

apply to equipment leak components for 

which you elect to comply with 

§ 98.233(q)(1)(iii). 

(v) For the purpose of complying with 

§ 98.233(q)(1)(iii), the reference in 

§ 60.5397a(g) to ‘‘the initial survey’’ 

does not apply. 

* * * * * 

■ 5. § 98.236 is amended by: 

■ a. Redesignating paragraphs (a)(1)(xiv) 

through (xvii) as paragraphs (a)(1)(xv) 

through (xviii), respectively; 

■ b. Adding paragraph (a)(1)(xiv); 

■ c. Redesignating paragraphs (a)(9)(x) 

and (xi) as paragraphs (a)(9)(xi) and 

(xii), respectively; 

■ d. Adding paragraph (a)(9)(x); 

■ e. Revising paragraph (q)(1) 

introductory text; 

■ f. Adding paragraphs (q)(1)(iii) 

through (v); and 

■ g. Revising the first sentence of 

paragraph (q)(2) introductory text. 

The revisions and additions read as 

follows: 

§ 98.236 Data reporting requirements. 

* * * * * 

(a) * * * 

(1) * * * 

(xiv) Equipment leak surveys. Report 

the information specified in paragraph 

(q) of this section. 

* * * * * 

(9) * * * 

(x) Equipment leak surveys. Report 

the information specified in paragraph 

(q) of this section. 

* * * * * 

(q) * * * 

(1) You must report the information 

specified in paragraphs (q)(1)(i) through 

(v) of this section. 

* * * * * 

(iii) Indicate whether any equipment 

leak component types were subject to 40 

CFR part 60, subpart OOOOa. 

(iv) Indicate whether you elected to 

comply with § 98.233(q)(1)(iii). 

(v) Report each type of method 

described in § 98.234(a) that was used to 

conduct leak surveys. 

(2) You must indicate whether your 

facility contains any of the component 

types subject to § 98.233(q) that are 

listed in § 98.232(c)(21), (d)(7), (d)(8), 

(e)(7), (e)(8), (f)(5), (f)(6), (f)(7), (f)(8), 

(g)(4), (g)(5), (g)(6), (h)(5), (h)(6), (h)(7), 

(j)(10), or (i)(1), for your facility’s 

industry segment. * * * 

* * * * * 

■ 6. Add Table W–1E of subpart W of 

part 98 in numerical order to read as 

follows: 

TABLE W–1E OF SUBPART W OF PART 98—DEFAULT WHOLE GAS LEAKER EMISSION FACTORS FOR ONSHORE

PETROLEUM AND NATURAL GAS PRODUCTION AND ONSHORE PETROLEUM AND NATURAL GAS GATHERING AND BOOSTING

Equipment components 

Emission 

factor 

(scf/hour/ 

component) 

Leaker Emission Factors—All Components, Gas Service 1

Valve .................................................................................................................................................................................................... 4.9 

Flange .................................................................................................................................................................................................. 4.1 

Connector (other) ................................................................................................................................................................................. 1.3 

Open-Ended Line 2 .............................................................................................................................................................................. 2.8 

Pressure Relief Valve .......................................................................................................................................................................... 4.5 

Pump Seal ........................................................................................................................................................................................... 3.7 


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TABLE W–1E OF SUBPART W OF PART 98—DEFAULT WHOLE GAS LEAKER EMISSION FACTORS FOR ONSHORE PETROLEUM AND NATURAL GAS PRODUCTION AND ONSHORE PETROLEUM AND NATURAL GAS GATHERING AND BOOSTING— 

Continued 

Equipment components 

Emission 

factor 

(scf/hour/ 

component) 

Other 3 .................................................................................................................................................................................................. 4.5 

Leaker Emission Factors—All Components, Light Crude Service 4

Valve .................................................................................................................................................................................................... 3.2 

Flange .................................................................................................................................................................................................. 2.7 

Connector (other) ................................................................................................................................................................................. 1.0 

Open-Ended Line ................................................................................................................................................................................. 1.6 

Pump .................................................................................................................................................................................................... 3.7 

Agitator Seal ........................................................................................................................................................................................ 3.7 

Other 3 .................................................................................................................................................................................................. 3.1 

Leaker Emission Factors—All Components, Heavy Crude Service 5

Valve .................................................................................................................................................................................................... 3.2 

Flange .................................................................................................................................................................................................. 2.7 

Connector (other) ................................................................................................................................................................................. 1.0 

Open-Ended Line ................................................................................................................................................................................. 1.6 

Pump .................................................................................................................................................................................................... 3.7 

Agitator Seal ........................................................................................................................................................................................ 3.7 

Other 3 .................................................................................................................................................................................................. 3.1 

1For multi-phase flow that includes gas, use the gas service emission factors. 

2The open-ended lines component type includes blowdown valve and isolation valve leaks emitted through the blowdown vent stack for centrifugal and reciprocating compressors. 3 ‘‘Others’’ category includes any equipment leak emission point not specifically listed in this table, except for the following: It excludes thief 

hatches and all other potential emission points in gas service on atmospheric storage tanks, all potential emission points in gas service on gasliquid separators, wet seal oil degassing vents from centrifugal compressors, and rod packing vents from reciprocating compressors. 4 Hydrocarbon liquids greater than or equal to 20°API are considered ‘‘light crude.’’ 5 Hydrocarbon liquids less than 20°API are considered ‘‘heavy crude.’’ 

■ 7. Revise Table W–2 of subpart W of 

part 98 to read as follows: 

TABLE W–2 TO SUBPART W OF PART 98—DEFAULT TOTAL HYDROCARBON EMISSION FACTORS FOR ONSHORE NATURAL

GAS PROCESSING

Onshore natural gas processing plants 

Emission 

factor 

(scf/hour/ 

component) 

Leaker Emission Factors—Compressor Components, Gas Service 

Valve 1 .................................................................................................................................................................................................. 14.84 

Connector ............................................................................................................................................................................................ 5.59 

Open-Ended Line ................................................................................................................................................................................. 17.27 

Pressure Relief Valve .......................................................................................................................................................................... 39.66 

Meter .................................................................................................................................................................................................... 19.33 

Leaker Emission Factors—Non-Compressor Components, Gas Service 

Valve 1 .................................................................................................................................................................................................. 6.42 

Connector ............................................................................................................................................................................................ 5.71 

Open-Ended Line ................................................................................................................................................................................. 11.27 

Pressure Relief Valve .......................................................................................................................................................................... 2.01 

Meter .................................................................................................................................................................................................... 2.93 

Pump .................................................................................................................................................................................................... 3.4 

1Valves include control valves, block valves and regulator valves. 

■ 8. Revise Table W–3 of subpart W of 

part 98 to read as follows: 


jstallworth on DSK7TPTVN1PROD with PROPOSALS
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TABLE W–3 TO SUBPART W OF PART 98—DEFAULT TOTAL HYDROCARBON EMISSION FACTORS FOR ONSHORE NATURAL

GAS TRANSMISSION COMPRESSION

Onshore natural gas transmission compression 

Emission 

factor 

(scf/hour/ 

component) 

Leaker Emission Factors—Compressor Components, Gas Service 

Valve 1 .................................................................................................................................................................................................. 14.84 

Connector ............................................................................................................................................................................................ 5.59 

Flange .................................................................................................................................................................................................. 5.59 

Open-Ended Line ................................................................................................................................................................................. 17.27 

Pressure Relief Valve .......................................................................................................................................................................... 39.66 

Meter or Instrument ............................................................................................................................................................................. 19.33 

Other 2 .................................................................................................................................................................................................. 4.1 

Leaker Emission Factors—Non-Compressor Components, Gas Service 

Valve 1 .................................................................................................................................................................................................. 6.42 

Connector ............................................................................................................................................................................................ 5.71 

Flange .................................................................................................................................................................................................. 5.71 

Open-Ended Line ................................................................................................................................................................................. 11.27 

Pressure Relief Valve .......................................................................................................................................................................... 2.01 

Meter or Instrument ............................................................................................................................................................................. 2.93 

Other 2 .................................................................................................................................................................................................. 4.1 

Population Emission Factors—Gas Service 

Low Continuous Bleed Pneumatic Device Vents 3 .............................................................................................................................. 1.37 

High Continuous Bleed Pneumatic Device Vents 3 ............................................................................................................................. 18.20 

Intermittent Bleed Pneumatic Device Vents 3 ...................................................................................................................................... 2.35 

1Valves include control valves, block valves and regulator valves. 

2Other includes any potential equipment leak emission point in gas service that is not specifically listed in this table, except it excludes thief 

hatches and all other potential emission points in gas service on transmission storage tanks, and it excludes compressor emission points that are 

subject to § 98.233(o) or (p). 3Emission Factor is in units of ‘‘scf/hour/device.’’ 

■ 9. Revise Table W–4 of subpart W of 

part 98 to read as follows: 

TABLE W–4 TO SUBPART W OF PART 98—DEFAULT TOTAL HYDROCARBON EMISSION FACTORS FOR UNDERGROUND

NATURAL GAS STORAGE

Underground natural gas storage 

Emission 

factor 

(scf/hour/ 

component) 

Leaker Emission Factors—Storage Station, Gas Service 

Valve 1 .................................................................................................................................................................................................. 14.84 

Connector ............................................................................................................................................................................................ 5.59 

Flange .................................................................................................................................................................................................. 5.59 

Open-Ended Line ................................................................................................................................................................................. 17.27 

Pressure Relief Valve .......................................................................................................................................................................... 39.66 

Meter and Instrument .......................................................................................................................................................................... 19.33 

Other 2 .................................................................................................................................................................................................. 4.1 

Population Emission Factors—Storage Wellheads, Gas Service 

Connector ............................................................................................................................................................................................ 0.01 

Valve .................................................................................................................................................................................................... 0.1 

Pressure Relief Valve .......................................................................................................................................................................... 0.17 

Open-Ended Line ................................................................................................................................................................................. 0.03 

Leaker Emission Factors—Storage Wellheads, Gas Service 

Valve 1 .................................................................................................................................................................................................. 4.5 

Connector ............................................................................................................................................................................................ 1.2 

Flange .................................................................................................................................................................................................. 3.8 

Open-Ended Line ................................................................................................................................................................................. 2.5 

Pressure Relief Valve .......................................................................................................................................................................... 4.1 


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TABLE W–4 TO SUBPART W OF PART 98—DEFAULT TOTAL HYDROCARBON EMISSION FACTORS FOR UNDERGROUND

NATURAL GAS STORAGE—Continued 

Underground natural gas storage 

Emission 

factor 

(scf/hour/ 

component) 

Other 2 .................................................................................................................................................................................................. 4.1 

Population Emission Factors—Other Components, Gas Service 

Low Continuous Bleed Pneumatic Device Vents 3 .............................................................................................................................. 1.37 

High Continuous Bleed Pneumatic Device Vents 3 ............................................................................................................................. 18.20 

Intermittent Bleed Pneumatic Device Vents 3 ...................................................................................................................................... 2.35 

1Valves include control valves, block valves and regulator valves. 

2Other includes any potential equipment leak emission point in gas service that is not specifically listed in this table except that it does not include compressor emission points that are subject to § 98.233(o) or (p). 3Emission Factor is in units of ‘‘scf/hour/device.’’ 

■ 10. Revise Table W–5 of subpart W of 

part 98 to read as follows: 

TABLE W–5 TO SUBPART W OF PART 98—DEFAULT METHANE EMISSION FACTORS FOR LIQUEFIED NATURAL GAS (LNG) 

STORAGE

LNG storage 

Emission 

factor 

(scf/hour/ 

component) 

Leaker Emission Factors—LNG Storage Components, LNG Service 

Valve .................................................................................................................................................................................................... 1.19 

Pump Seal ........................................................................................................................................................................................... 4.00 

Connector ............................................................................................................................................................................................ 0.34 

Other 1 .................................................................................................................................................................................................. 1.77 

Leaker Emission Factors—LNG Storage Components, Gas Service 

Valve 2 .................................................................................................................................................................................................. 14.84 

Connector ............................................................................................................................................................................................ 5.59 

Flange .................................................................................................................................................................................................. 5.59 

Open-Ended Line ................................................................................................................................................................................. 17.27 

Pressure Relief Valve .......................................................................................................................................................................... 39.66 

Meter and Instrument .......................................................................................................................................................................... 19.33 

Other 3 .................................................................................................................................................................................................. 4.1 

Population Emission Factors—LNG Storage Compressor, Gas Service 

Vapor Recovery Compressor 4 ............................................................................................................................................................ 4.17 

1 ‘‘Other’’ equipment type for components in LNG service should be applied for any equipment type other than connectors, pumps, or valves. 

2Valves include control valves, block valves and regulator valves. 

3 ‘‘Other’’ equipment type for components in gas service should be applied for any equipment type other than valves, connectors, flanges, 

open-ended lines, pressure relief valves, and meters and instruments, except that it does not include compressor emission points that are subject to § 98.233(o) or (p). 4Emission Factor is in units of ‘‘scf/hour/device.’’ 

■ 11. Revise Table W–6 of subpart W of 

part 98 to read as follows: 

TABLE W–6 TO SUBPART W OF PART 98—DEFAULT METHANE EMISSION FACTORS FOR LNG IMPORT AND EXPORT

EQUIPMENT

LNG import and export equipment 

Emission 

factor 

(scf/hour/ 

component) 

Leaker Emission Factors—LNG Terminals Components, LNG Service 

Valve .................................................................................................................................................................................................... 1.19 

Pump Seal ........................................................................................................................................................................................... 4.00 


jstallworth on DSK7TPTVN1PROD with PROPOSALS
5006 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Proposed Rules 

TABLE W–6 TO SUBPART W OF PART 98—DEFAULT METHANE EMISSION FACTORS FOR LNG IMPORT AND EXPORT

EQUIPMENT—Continued 

LNG import and export equipment 

Emission 

factor 

(scf/hour/ 

component) 

Connector ............................................................................................................................................................................................ 0.34 

Other 1 .................................................................................................................................................................................................. 1.77 

Leaker Emission Factors—LNG Terminals Components, Gas Service 

Valve 2 .................................................................................................................................................................................................. 14.84 

Connector ............................................................................................................................................................................................ 5.59 

Flange .................................................................................................................................................................................................. 5.59 

Open-Ended Line ................................................................................................................................................................................. 17.27 

Pressure Relief Valve .......................................................................................................................................................................... 39.66 

Meter and Instrument .......................................................................................................................................................................... 19.33 

Other 3 .................................................................................................................................................................................................. 4.1 

Population Emission Factors—LNG Terminals Compressor, Gas Service 

Vapor Recovery Compressor 4 ............................................................................................................................................................ 4.17 

1 ‘‘Other’’ equipment type for components in LNG service should be applied for any equipment type other than connectors, pumps, or valves. 

2Valves include control valves, block valves and regulator valves. 

3 ‘‘Other’’ equipment type for components in gas service should be applied for any equipment type other than valves, connectors, flanges, 

open-ended lines, pressure relief valves, and meters and instruments, except that it does not include compressor emission points that are subject to § 98.233(o) or (p). 4Emission Factor is in units of ‘‘scf/hour/compressor.’’ 

* * * * * 

[FR Doc. 2016–01669 Filed 1–28–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R06–RCRA–2015–0661; FRL–9940– 

26–Region 6] 

Arkansas: Final Authorization of StateInitiated Changes and Incorporation by 

Reference of State Hazardous Waste 

Management Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: During a review of Arkansas’ 

regulations, the Environmental 

Protection Agency (EPA) identified a 

variety of State-initiated changes to 

Arkansas’ hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA), as amended, for 

which the State had not previously 

sought authorization. EPA proposes to 

authorize the State for the program 

changes. In addition, EPA proposes to 

codify in the regulations entitled 

‘‘Approved State Hazardous Waste 

Management Programs’’, Arkansas’ 

authorized hazardous waste program. 

The EPA will incorporate by reference 

into the Code of Federal Regulations 

(CFR) those provisions of the State 

regulations that are authorized and that 

EPA will enforce under RCRA. 

DATES: Send written comments by 

February 29, 2016. 

ADDRESSES: Submit any comments 

identified by Docket ID No. EPA–R06– 

RCRA–2015–0661 by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions for submitting 

comments. 

2. Email: patterson.alima@epa.gov. 

3. Mail: Alima Patterson, Region 6, 

Regional Authorization Coordinator, 

State/Tribal Oversight Section (6PD–O), 

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733. 

4. Hand Delivery or Courier. Deliver 

your comments to Alima Patterson, 

Region 6, Regional Authorization 

Coordinator, State/Tribal Oversight 

Section (6PD–O), Multimedia Planning 

and Permitting Division, EPA Region 6, 

1445 Ross Avenue, Dallas, Texas 75202– 

2733. 

Instructions: Do not submit 

information that you consider to be CBI 

or otherwise protected through 

regulations.gov, or email. Direct your 

comment to Docket No. EPA–R06– 

RCRA–2015–0661. The Federal 

regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, the 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 the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the 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. You can view and 

copy Arkansas’ application and 

associated publicly available materials 

from 8:30 a.m. to 4 p.m. Monday 

through Friday at the following location: 

EPA, Region 6, 1445 Ross Avenue, 

Dallas, Texas 75202–2733, phone 

number (214) 665–8533. Interested 

persons wanting to examine these 

documents should make an 

appointment with the office at least two 

weeks in advance. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson at (214) 665–8533 or 

Julia Banks at (214) 665–8178, State/

Tribal Oversight Section (6PD–O), 

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733, 

(214) 665–8533) and Email address 


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