Vol. 79 Friday, 

No. 206 October 24, 2014 

Part III 

Environmental Protection Agency 

40 CFR Part 98 

Revisions to Reporting and Recordkeeping Requirements, and 

Confidentiality Determinations Under the Greenhouse Gas Reporting 

Program; Final Rule 


tkelley on DSK3SPTVN1PROD with RULES3
63750 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2010–0929; FRL–9916–76– 

OAR] 

RIN 2060–AQ81 

Revisions to Reporting and 

Recordkeeping Requirements, and 

Confidentiality Determinations Under 

the Greenhouse Gas Reporting 

Program; Final Rule 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is amending the reporting 

and recordkeeping requirements of the 

Greenhouse Gas Reporting Program. 

These amendments include an 

alternative verification approach in lieu 

of collecting certain data elements for 

which the EPA has identified disclosure 

concerns and for which the reporting 

deadline was deferred until March 31, 

2015. The alternative verification 

approach includes the addition of new 

verification, recordkeeping, and 

reporting requirements while 

maintaining the EPA’s ability to verify 

emissions and ensure compliance with 

the Greenhouse Gas Reporting Program. 

In conjunction with the amendments, 

the EPA is establishing final 

confidentiality determinations for the 

new data elements added in this action. 

DATES: This final rule is effective on 

November 24, 2014. 

ADDRESSES: All documents in the docket 

are listed in the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., confidential 

business information (CBI) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy at 

the Air Docket, EPA/DC, William 

Jefferson Clinton Building West, Room 

B102, 1301 Constitution Ave. NW., 

Washington, DC. This Docket Facility is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

Docket is (202) 566–1742. 

FOR FURTHER GENERAL INFORMATION

CONTACT: Carole Cook, Climate Change 

Division, Office of Atmospheric 

Programs (MC–6207J), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460; 

telephone number: (202) 343–9263; fax 

number: (202) 343–2342; email address: 

GHGreporting@epa.gov. For technical 

information, contact the Greenhouse 

Gas Reporting Rule Helpline at: http:// 

www.epa.gov/climatechange/emissions/

ghgrule_contactus.htm. Alternatively, 

contact Carole Cook at 202–343–9263. 

Worldwide Web (WWW). In addition 

to being available in the docket, an 

electronic copy of this final rule, 

memoranda to the docket, and all other 

related information will also be 

available through the WWW on the 

EPA’s greenhouse gas reporting rule 

Web site at http://www.epa.gov/

climatechange/emissions/

ghgrulemaking.html. 

SUPPLEMENTARY INFORMATION: 

Regulated Entities. This final rule 

revision on reporting and recordkeeping 

requirements and verification 

procedures affects entities that must 

submit annual greenhouse gas (GHG) 

reports under the Greenhouse Gas 

Reporting Program (GHGRP) (40 CFR 

part 98). The Administrator has 

determined that 40 CFR part 98 is 

subject to the provisions of Clean Air 

Act (CAA) section 307(d). See CAA 

section 307(d)(1)(V) (the provisions of 

CAA section 307(d) apply to ‘‘such 

other actions as the Administrator may 

determine’’). Entities affected by this 

final rule are owners and operators of 

facilities that are direct emitters of 

GHGs, which include those listed in 

Table 1 of this preamble: 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY

Category NAICS Examples of affected facilities 

General Stationary Fuel Combustion 

Sources.

........................... Facilities operating boilers, process heaters, incinerators, turbines, and internal 

combustion engines. 

321 ................... Manufacturers of lumber and wood products. 

322 ................... Pulp and paper mills. 

325 ................... Chemical manufacturers. 

324 ................... Petroleum refineries and manufacturers of coal products. 

316, 326, 339 ... Manufacturers of rubber and miscellaneous plastic products. 

331 ................... Steel works, blast furnaces. 

332 ................... Electroplating, plating, polishing, anodizing, and coloring. 

336 ................... Manufacturers of motor vehicle parts and accessories. 

221 ................... Electric, gas, and sanitary services. 

622 ................... Health services. 

611 ................... Educational services. 

325193 ............. Ethyl alcohol manufacturing facilities. 

311611 ............. Meat processing facilities. 

311411 ............. Frozen fruit, juice, and vegetable manufacturing facilities. 

311421 ............. Fruit and vegetable canning facilities. 

Adipic Acid Production ............................. 325199 ............. Adipic acid manufacturing facilities. 

Aluminum Production ............................... 331312 ............. Primary aluminum production facilities. 

Ammonia Manufacturing ........................... 325311 ............. Anhydrous and aqueous ammonia production facilities. 

Cement Production ................................... 327310 ............. Portland cement manufacturing plants. 

Ferroalloy Production ............................... 331112 ............. Ferroalloys manufacturing facilities. 

Glass Production ...................................... 327211 ............. Flat glass manufacturing facilities. 

327213 ............. Glass container manufacturing facilities. 

327212 ............. Other pressed and blown glass and glassware manufacturing facilities. 

HCFC–22 Production and HFC–23 Destruction.325120 ............. Chlorodifluoromethane manufacturing facilities. 

Hydrogen Production ................................ 325120 ............. Hydrogen production facilities. 

Iron and Steel Production ......................... 331111 ............. Integrated iron and steel mills, steel companies, sinter plants, blast furnaces, 

basic oxygen process furnace shops. 


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Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 63751 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY—Continued 

Category NAICS Examples of affected facilities 

Lead Production ....................................... 331419 ............. Primary lead smelting and refining facilities. 

331492 ............. Secondary lead smelting and refining facilities. 

Lime Production ........................................ 327410 ............. Calcium oxide, calcium hydroxide, dolomitic hydrates manufacturing facilities. 

Nitric Acid Production ............................... 325311 ............. Nitric acid production facilities. 

Petrochemical Production ......................... 32511 ............... Ethylene dichloride production facilities. 

325199 ............. Acrylonitrile, ethylene oxide, methanol production facilities. 

325110 ............. Ethylene production facilities. 

325182 ............. Carbon black production facilities. 

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

221210 ............. Natural gas distribution facilities. 

211 ................... Extractors of crude petroleum and natural gas. 

211112 ............. Natural gas liquid extraction facilities. 

Petroleum Refineries ................................ 324110 ............. Petroleum refineries. 

Phosphoric Acid Production ..................... 325312 ............. Phosphoric acid manufacturing facilities. 

Pulp and Paper Manufacturing ................. 322110 ............. Pulp mills. 

322121 ............. Paper mills. 

322130 ............. Paperboard mills. 

Silicon Carbide Production ....................... 327910 ............. Silicon carbide abrasives manufacturing facilities. 

Soda Ash Manufacturing .......................... 325181 ............. Alkalies and chlorine manufacturing facilities. 

212391 ............. Soda ash, natural, mining and/or beneficiation. 

Titanium Dioxide Production .................... 325188 ............. Titanium dioxide manufacturing facilities. 

Zinc Production ......................................... 331419 ............. Primary zinc refining facilities. 

331492 ............. Zinc dust reclaiming facilities, recovering from scrap and/or alloying purchased 

metals. 

311411 ............. Frozen fruit, juice and vegetable manufacturing facilities. 

311421 ............. Fruit and vegetable canning facilities. 

Wastewater Treatment a ........................... 322110 ............. Pulp mills. 

322121 ............. Paper mills. 

322122 ............. Newsprint mills. 

322130 ............. Paperboard mills. 

311611 ............. Meat processing facilities. 

311411 ............. Frozen fruit, juice and vegetable manufacturing facilities. 

311421 ............. Fruit and vegetable canning facilities. 

325193 ............. Ethanol manufacturing facilities. 

aThe inputs to emission equations (for which reporting was deferred to 2015) in these categories were evaluated following the four-step process set forth in the memorandum entitled ‘‘Process for Evaluating and Potentially Amending Part 98 Inputs to Emission Equations’’ (Docket ID 

No. EPA–HQ–OAR–2010–0929). Refer to Section 1.B of the proposal preamble (78 FR 55994, September 11, 2013) for further information regarding this evaluation. No amendment to the subpart affecting this industry category was proposed as a result of the evaluation. Accordingly, 

this final action does not include any amendment to this subpart. Refer to Section II.B of this preamble for further discussion of the EPA’s 

decision. 

Table 1 of this preamble is not 

intended to be exhaustive, but rather 

provides a guide for readers regarding 

facilities and suppliers likely to be 

affected by this action. Types of 

facilities other than those listed in this 

table might also be affected by this 

action. To determine whether you are 

affected by this action, you should 

carefully examine the applicability 

criteria found in 40 CFR part 98, subpart 

A or the relevant criteria in the subparts. 

If you have questions regarding the 

applicability of this action to a 

particular facility or supplier, consult 

the person listed in the preceding FOR

FURTHER GENERAL INFORMATION CONTACT

section. 

Many facilities that are affected by 40 

CFR part 98 have GHG emissions from 

multiple source categories listed in 

Table 1 of this preamble. 

Judicial Review. Under CAA section 

307(b)(1), judicial review of this final 

rule is available only by filing a petition 

for review in the U.S. Court of Appeals 

for the District of Columbia Circuit (the 

Court) by December 23, 2014. Under 

CAA section 307(d)(7)(B), only an 

objection to this final rule that was 

raised with reasonable specificity 

during the period for public comment 

can be raised during judicial review. 

Section 307(d)(7)(B) of the CAA also 

provides a mechanism for the EPA to 

convene a proceeding for 

reconsideration, ‘‘[i]f the person raising 

an objection can demonstrate to EPA 

that it was impracticable to raise such 

objection within [the period for public 

comment] or if the grounds for such 

objection arose after the period for 

public comment (but within the time 

specified for judicial review) and if such 

objection is of central relevance to the 

outcome of the rule.’’ Any person 

seeking to make such a demonstration to 

us should submit a Petition for 

Reconsideration to the Office of the 

Administrator, Environmental 

Protection Agency, Room 3000, William 

Jefferson Clinton Building, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460, with a copy to the person 

listed in the preceding FOR FURTHER

GENERAL INFORMATION CONTACT section, 

and the Associate General Counsel for 

the Air and Radiation Law Office, Office 

of General Counsel (Mail Code 2344A), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20004. Note that under CAA section 

307(b)(2), the requirements established 

by this final rule may not be challenged 

separately in any civil or criminal 

proceedings brought by the EPA to 

enforce these requirements. 

Acronyms and Abbreviations. The 

following acronyms and abbreviations 

are used in this document. 

CAA Clean Air Act 

CaO Calcium oxide 

CAR Climate Action Reserve 

CBI Confidential business information 

CEMS continuous emissions monitoring 

system 

CFR Code of Federal Regulations 

CKD Cement kiln dust 

CO2 Carbon dioxide 


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63752 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 

1Under this final action, IVT would not be 

required to be used by reporters for any reported 

GHG for which the reporter uses a continuous 

emissions monitoring system (CEMS) or an EPAapproved alternative method—as allowed under 40 

CFR 98.33(a)(5), 98.53(a)(2), and 98.223(a)(2) to 

calculate the reported GHG value, rather than using 

inputs to emission equations (for which reporting 

was deferred to 2015) and the associated EPAprovided calculation methodologies to calculate the 

reported GHG value. 

2As mentioned above, there are 378 equation 

inputs for which reporting was deferred to 2015 and 

for which the EPA determined there are disclosure 

concerns, and 324 of these equation inputs must be 

entered into IVT. Fifty-four of the 378 equation 

inputs do not need to be entered into IVT because 

these equation inputs are redundant to other 

equations inputs being entered into IVT or are 

otherwise not needed for verification. 

e-GGRT Electronic Greenhouse Gas 

Reporting Tool 

EPA U.S. Environmental Protection Agency 

FISMA Federal Information Security 

Management Act of 2002 

FR Federal Register 

FTC Federal Trade Commission 

GHG Greenhouse gas 

GHGRP Greenhouse Gas Reporting Program 

HCFC–22 Chlorodifluoromethane 

HFC Hydrofluorocarbons 

HTML Hypertext markup language 

ICR Information Collection Request 

IVT Inputs Verification Tool 

KA Ketone-alcohol oil (or cyclohexanol) 

lb Pound 

MMBtu Million British thermal units 

N2O Nitrous oxide 

NAICS North American Industry 

Classification System 

NIST National Institute of Standards and 

Technology 

NTTAA National Technology Transfer and 

Advancement Act 

OMB Office of Management & Budget 

PUC Public utility commission 

RFA Regulatory Flexibility Act 

SSM Startup, shutdown, and malfunction 

TLS Transport Layer Security 

TRI Toxics Release Inventory 

UMRA Unfunded Mandates Reform Act 

U.S. United States 

WWW Worldwide Web 

XML Extensible markup language 

Organization of This Document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Executive Summary, Background, and 

Overview 

A. How is this preamble organized? 

B. Executive Summary 

C. Background on the Action 

D. Subparts Covered in the Final Rule 

E. Legal Authority 

II. Summary of Final Amendments to Part 98 

A. Addition of a Requirement for Certain 

Reporters To Use an Inputs Verification 

Tool (IVT) to Enter Certain Data 

Elements 

B. Removal of the Requirement To Report 

Certain Data Elements 

C. Revision of Recordkeeping 

Requirements for Facilities Required To 

Use IVT 

D. Addition of Reporting Requirements for 

Certain Facilities Required To Use IVT 

III. Summary of Final Confidentiality 

Determinations for New Data Elements 

A. Summary of Final CBI Determinations 

B. Response to Public Comments 

IV. Impacts of the Final Rule 

A. How were the costs of this final rule 

estimated? 

B. Do the final confidentiality 

determinations change the impacts of the 

final amendments? 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. Executive Summary, Background, 

and Overview 

A. How is this preamble organized? 

Section I of this preamble provides 

background information regarding the 

origin of the final amendments. Section 

I also discusses the EPA’s legal 

authority under the CAA to promulgate 

and amend the Greenhouse Gas 

Reporting Rule (40 CFR part 98, 

hereinafter referred to as ‘‘Part 98’’) and 

the EPA’s legal authority to make 

confidentiality determinations for new 

data elements required by this 

amendment. Section II of this preamble 

describes the final amendments to Part 

98, which includes the EPA’s proposed 

alternative verification approach. 

Section II of this preamble also 

describes the major changes made since 

proposal to the alternative verification 

approach and provides brief summaries 

of significant public comments and the 

EPA’s responses thereto. Section III of 

this preamble finalizes the 

confidentiality determinations for the 

new data reporting elements being 

added to Part 98 in this action. Section 

IV of this preamble discusses the 

impacts of the final amendments. 

Section V of this preamble describes the 

statutory and executive order 

requirements applicable to this action. 

B. Executive Summary 

The EPA is finalizing the proposed 

alternative verification approach for the 

GHGRP, with some changes made in 

response to public comments. The 

alternative verification approach 

includes amendments to reporting and 

recordkeeping requirements of Part 98, 

as follows: 

• Adding a requirement for certain 

reporters under 23 subparts to use an 

EPA-provided inputs verification tool 

(IVT). For these subparts, 324 inputs to 

emission equations for which reporting 

was deferred to 2015 and for which 

disclosure concerns have been 

identified must be entered into IVT.1

IVT will perform electronic verification 

on the entered inputs to emission 

equations and use the entered inputs to 

calculate the emission equation results. 

IVT will not retain the entered inputs 

(i.e., the inputs are not reporting 

requirements under Part 98); instead, 

IVT will conduct certain checks (e.g., 

accuracy of the inputs and the 

calculated emissions values) at the time 

of data entry and generate a verification 

summary. The EPA will not have access 

to the entered inputs either during the 

time of entry or any time thereafter. 

However, the verification summary, 

which will be accessible to the EPA 

once the reporter has completed using 

IVT and the annual report is submitted, 

will provide the EPA with information 

to conduct further verification if 

necessary. 

• For 23 subparts, removing the 

requirement to report 378 inputs to 

emission equations for which reporting 

was deferred to 2015 and for which 

disclosure concerns have been 

identified.2

• For reporters required to use IVT, 

specifying the format for maintaining 

records of data entered into IVT so that 

all such records are maintained in a 

consistent format; and for each facility 

subject to the IVT requirement, 

lengthening the record retention period 

from 3 to 5 years for all data entered 

into IVT and for other records 

maintained by the reporting facility 

under Part 98 (including subparts not 

required to use IVT). 

• For certain reporters required to use 

IVT, adding new data elements to be 

reported. 

The EPA is not amending the 

reporting requirements for 151 inputs to 

emission equations for which reporting 

was deferred, but for which disclosure 

concerns were not identified and the 

data remain useful. For these inputs to 

emission equations, the deferral will 


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3 In this action, the EPA is providing an option 

for Subpart W reporters to delay reporting of six 

inputs to emission equations for two reporting years 

in specific situations. Refer to section III.A.3 of this 

preamble for further discussion on this topic. 

4There are a small number of data elements 

(besides data elements categorized as ‘‘inputs to 

emission equations’’) for which we have not made 

final confidentiality determinations because we 

concluded that a determination of confidentiality 

for the data element should be made on a case-bycase facility basis. For example, annual ferroalloy 

product production capacity in subpart K 

(ferroalloy production), was not assigned a 

confidentiality determination; see 76 FR 30782, 

May 26, 2011. 

5Based on the same four-step process, we also 

evaluated all data elements for which reporting was 

deferred to March 31, 2013 (Table A–6 to Part 98), 

which did not result in amendments to Part 98. 

Accordingly, affected facilities were required to 

report by April 1, 2013 these data elements for 

reporting years 2010 through 2012 and must 

include them in annual reports for subsequent 

reporting years, as required by Part 98. For a 

discussion of this evaluation, refer to the EPA’s 

memorandum ‘‘Summary of Evaluation of 

Greenhouse Gas Reporting Program (GHGRP) Part 

98 ‘‘Inputs to Emission Equations’’ Data Elements 

Deferred Until 2013’’ (December 17, 2012), available 

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

pdf/2012/documents/2013-inputs-memo.pdf. In 

addition, the reporting of the inputs to emission 

equations in subpart I was addressed by 

amendments published on November 13, 2013 (77 

FR 68162). 

expire on March 31, 2015, by which 

date these inputs must be reported.3

This alternative verification approach 

builds on the EPA’s experience and 

success with electronic reporting and 

verification during the first 4 years of 

the GHGRP. This alternative verification 

approach, which includes additional 

verification checks that IVT will 

conduct on data entered into IVT 

(during the data entry process), provides 

the EPA with information necessary to 

identify facilities with potential 

reporting errors and conduct further 

verification following the submission of 

annual reports. This alternative 

verification approach, including its 

associated revisions to recordkeeping 

and reporting requirements, provides an 

alternative to collecting certain data 

elements for which disclosure concerns 

have been identified, while maintaining 

the EPA’s ability to verify data and 

ensure compliance with the GHGRP. 

Also, in conjunction with the 

amendments, the EPA is establishing 

confidentiality determinations for the 

new data elements finalized in this 

action. 

C. Background on the Action 

On October 30, 2009, the EPA 

published the Greenhouse Gas 

Reporting Rule, 40 CFR part 98, 

requiring annual reporting of GHG data 

from a broad range of industry sectors 

(74 FR 56260). Under Part 98, the EPA 

requires annual reporting of data from 

certain facilities and suppliers above 

specified emission or quantity-supplied 

thresholds. On July 7, 2010 (75 FR 

39094) and subsequent proposals (77 FR 

1434, January 10, 2012; 77 FR 10434, 

February 22, 2012), we proposed 

confidentiality determinations for the 

data elements required to be reported. 

The confidentiality of each reported 

data element was determined using a 

two-step approach: (1) Grouping data 

elements into 22 data categories (e.g., 

inputs to emission equations, emissions, 

and unit/process operating 

characteristics that are not inputs to 

emission equations for direct emitter 

source categories) and (2) making 

confidentiality determinations either 

categorically or on the basis of 

individual data elements. Refer to both 

the July 7, 2010 proposal (75 FR 39097) 

and the May 26, 2011 final rule (76 FR 

30785–30786) for more detailed 

descriptions of this process. Refer to the 

May 26, 2011 final rule also for a 

discussion of individual data element 

confidentiality determinations. The EPA 

has established final confidentiality 

determinations for part 98 data elements 

except those in the ‘‘inputs to emission 

equations’’ category (May 26, 2011, 76 

FR 30782; August 13, 2012, 77 FR 

48072; and August 24, 2012, 77 FR 

51477).4 We proposed that ‘‘inputs to 

emission equations’’ meet the definition 

of ‘‘emission data’’ under 40 CFR 

2.301(a)(2)(i). Because, under section 

114(c) of the CAA, emission data are not 

entitled to confidential treatment, we 

did not evaluate whether such data 

elements would qualify as CBI, 

including whether disclosure would 

likely cause substantial competitive 

harm to the reporting facilities (75 FR 

39105 and 39108, July 7, 2010). 

Following our proposal, we received 

numerous industry comments 

expressing concerns regarding potential 

disclosure of many of these data 

elements. In light of the comments, the 

EPA expressed that ‘‘these concerns 

warranted an in-depth evaluation of the 

potential impact from the release of 

inputs to emission equations’’ and that 

the EPA would ‘‘complete this 

evaluation and take appropriate final 

actions regarding inputs to equations 

before these data elements are reported 

to EPA and potentially be subject to 

release.’’ (76 FR 53060, August 25, 

2011). In a document published on 

December 27, 2010, we issued a call for 

information (75 FR 81366) requesting 

additional information to assist us in 

conducting our evaluation. To allow 

sufficient time to complete this 

evaluation through notice and comment, 

we deferred the reporting deadline for 

data elements assigned to the ‘‘inputs to 

emission equation’’ category. Reporting 

of certain of these data elements was 

deferred to March 31, 2013, as specified 

in Table A–6 to subpart A; and reporting 

of the remainder of these data elements 

was deferred to March 31, 2015, as 

specified in Table A–7 to subpart A (see 

the August 25, 2011 final rule, 76 FR 

53057). 

Our process for the abovementioned 

evaluation was documented in the final 

deferral document (76 FR 53057, August 

25, 2011) and the accompanying 

memorandum entitled ‘‘Process for 

Evaluating and Potentially Amending 

Part 98 Inputs to Emission Equations’’ 

(Docket ID No. EPA–HQ–OAR–2010– 

0929). As discussed in the final deferral 

document and memorandum, our 

evaluation involved a four-step process, 

as follows: 

• Step 1: Determine whether each data 

element assigned to the ‘‘inputs to emission 

equations’’ category is already publicly 

available. 

• Step 2: For data elements assigned to the 

‘‘inputs to emission equations’’ category that 

are not publicly available, evaluate whether 

disclosure of the information is likely to 

result in substantial competitive harm. 

• Step 3: For data elements assigned to the 

‘‘inputs to emission equations’’ category that 

are likely to cause substantial competitive 

harm if disclosed, evaluate potential 

alternative calculation methods. 

• Step 4: For data elements assigned to the 

‘‘inputs to emission equations’’ category that 

are likely to cause substantial competitive 

harm if disclosed, evaluate potential 

alternative verification methods. 

Using each step of the four-step 

evaluation process, the EPA evaluated 

data elements for which reporting was 

deferred to March 31, 2015.5 The results 

of the evaluation were documented in 

the four following memoranda available 

in the EPA’s Docket ID No. EPA–HQ– 

OAR–2010–0929: 

• ‘‘Evaluation of Public Availability of 

Inputs to Emission Equations for which 

Reporting was Deferred to March 31, 2015,’’ 

August 2013. 

• ‘‘Evaluation of Competitive Harm from 

Disclosure of ‘Inputs to Equations’ Data 

Elements Deferred to March 31, 2015,’’ 

August 2013. 

• ‘‘Evaluation of Alternative Calculation 

Methods,’’ August 2013. 

• ‘‘Evaluation of Alternative Verification 

Approaches For Greenhouse Gas Reporting 

Rule Subparts for which Reporting of Inputs 

to Emission Equations was Deferred to March 

31, 2015,’’ August 2013. 

Based on the results of this 

evaluation, the EPA proposed on 

September 11, 2013 (78 FR 55994) 

amendments to the recordkeeping and 

reporting provisions for 24 subparts of 

Part 98, including an alternative 


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63754 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 

6Accordingly, comments received covering solely 

topics related to subpart L will be addressed in a 

separate rulemaking. 

7For six data elements in subpart W, reporting of 

the data for reporting year 2013 may be delayed 

until reporting year 2015 in specific cases. Refer to 

section II.B.2 of this preamble for further discussion 

of this optional reporting delay. Further, final 

action on the inputs to emission equations whose 

reporting deadline was deferred until 2015 in 

Subpart L will be addressed in a separate 

rulemaking. 

verification approach, to address the 

inputs to emission equations for which 

disclosure concerns were identified in 

these subparts. The public comment 

period for the proposed rule 

amendments was initially scheduled to 

end on November 12, 2013. The EPA 

received requests to extend the public 

comment period, and the EPA 

published a document in the Federal 

Register on November 6, 2013 (78 FR 

66674) extending the public comment 

period to November 26, 2013. 

In this action, the EPA is finalizing 

the proposed alternative verification 

approach for 23 subparts of the GHGRP 

with some changes from the proposed 

rule. The EPA had proposed 

amendments but is not taking final 

action on subpart L inputs to emission 

equations. Final action on subpart L 

inputs to emission equations will be 

addressed in a separate rulemaking.6

Responses to comments submitted on 

the proposed amendments can be found 

in both Section II of this preamble and 

the document ‘‘Greenhouse Gas 

Reporting Rule—Revisions to Reporting 

and Recordkeeping Requirements, and 

Proposed Confidentiality 

Determinations Under the Greenhouse 

Gas Reporting Program: EPA’s 

Responses to Public Comments’’ (see 

Docket ID No. EPA–HQ–OAR–2010– 

0929). 

D. Subparts Covered in the Final Rule 

The final amendments remove certain 

reporting requirements and add certain 

verification requirements for all 

subparts listed in Table 2 of this 

preamble. Table 2 of this preamble 

includes most of the subparts of Part 98 

with inputs to emission equations for 

which the reporting deadline was 

deferred until 2015. Subpart I is not 

included in Table 2 of this preamble 

because reporting of the inputs to 

emission equations for subpart I was 

addressed by amendments published on 

November 13, 2013 (77 FR 68162). As 

mentioned above, subpart L is not 

included in Table 2 of this preamble 

because the EPA’s final decision on 

reporting of the inputs to emission 

equations for subpart L will be 

addressed in a separate rulemaking. 

Subpart II is not listed in Table 2 of this 

preamble because no subpart II inputs to 

emission equations were determined to 

have disclosure concerns, so no subpart 

II inputs are removed from reporting 

under this amendment. Subpart W is 

excluded from Table 2 of this preamble 

as well, because no inputs to emission 

equations in subpart W are being 

removed from reporting. Refer to the 

memorandum ‘‘Final Evaluation of 

Competitive Harm from Disclosure of 

‘Inputs to Equations’ Data Elements 

Deferred to March 31, 2015,’’ September 

2014 (refer to Docket ID No. EPA–HQ– 

OAR–2010–0929) for discussions about 

the EPA’s harm analysis results for 

subparts W and II. Refer to Section II.B 

of this preamble for a discussion of 

amendments to subpart W. 

Additionally, parts of these final rule 

amendments affect subparts not listed in 

Table 2 of this preamble. Specifically, 

for owners or operators of facilities 

subject to both a subpart listed in Table 

2 of this preamble and a subpart of Part 

98 not listed in Table 2 of this preamble, 

the amended recordkeeping duration 

applies to the facility’s records required 

for all Part 98 subparts (to which the 

reporter is subject). Refer to Sections 

II.C and III.B of the proposal preamble 

for further discussion of this 

recordkeeping amendment (78 FR 

55994, September 11, 2013). 

Additionally, owners or operators of 

facilities reporting under subparts E, H, 

O, Q, W, Y, AA, CC, and II, as well as 

certain owners and operators reporting 

under subpart C, must report inputs to 

emission equations for which reporting 

was deferred to 2015 and disclosure 

concerns were not identified for 

reporting years 2010 through 2013 in 

the reporting year 2014 annual report.7

Refer to Section III.A.3 of the proposal 

preamble for further discussion of this 

reporting amendment (78 FR 55994, 

September 11, 2013). 

TABLE 2—SUBPARTS AFFECTED BY THE FINAL AMENDMENTS REMOVING CERTAIN REPORTING AND ADDING CERTAIN

VERIFICATION REQUIREMENTS a

Subpart 

C—General Stationary Fuel Combustion—Stationary fuel combustion sources (e.g., individual units, aggregations of units, common pipes, or 

common stacks) excluding those that contain at least one combustion unit connected to a fuel-fired electric generator owned or operated by 

an entity that is subject to regulation of customer billing rates by the public utility commission (PUC) (excluding generators connected to combustion units subject to 40 CFR part 98, subpart D) and that are located at a facility for which the sum of the nameplate capacities for all 

such electric generators is greater than or equal to 1 megawatt electric output.b c

E—Adipic Acid Production. 

F—Aluminum Production. 

G—Ammonia Manufacturing. 

H—Cement Production. 

K—Ferroalloy Production. 

N—Glass Production. 

O—HCFC–22 Production and HFC–23 Destruction. 

P—Hydrogen Production. 

Q—Iron and Steel Production. 

R—Lead Production. 

S—Lime Manufacturing. 

U—Miscellaneous Uses of Carbonate. 

V—Nitric Acid Production. 

X—Petrochemical Production. 

Y—Petroleum Refineries. 

Z—Phosphoric Acid Production. 

AA—Pulp and Paper Manufacturing. 

BB—Silicon Carbide Production. 

CC—Soda Ash Manufacturing. 

EE—Titanium Dioxide Production. 


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8As mentioned above, there are 378 equation 

inputs for which reporting was deferred to 2015 and 

for which the EPA determined there are disclosure 

concerns, and 324 of these equation inputs must be 

entered into IVT. Fifty-four of the 378 equation 

inputs do not need to be entered into IVT because 

these equation inputs are redundant to other 

equations inputs being entered into IVT or are 

otherwise not needed for verification. 

TABLE 2—SUBPARTS AFFECTED BY THE FINAL AMENDMENTS REMOVING CERTAIN REPORTING AND ADDING CERTAIN

VERIFICATION REQUIREMENTS a—Continued 

Subpart 

GG—Zinc Production. 

TT—Industrial Waste Landfills. 

aThis final action does not remove reporting requirements or require use of IVT for any reported GHG value for which the reporter uses a continuous emissions monitoring system (CEMS) or an EPA-approved alternative method—as allowed under 40 CFR 98.33(a)(5), 98.53(a)(2), and 

98.223(a)(2)—to calculate the reported GHG value, rather than using inputs to emission equations for which reporting was deferred to March 31, 

2015, and the associated EPA-provided calculation methodologies to calculate the reported GHG value. b Includes one deferred input to an emission equations, 40 CFR 98.3(d)(3)(v), which is specified in subpart A of Part 98 and applies to only 

certain reporters under subpart C. cThese subpart C sources may elect to report inputs to emission equations rather than use IVT. 

E. Legal Authority 

The EPA is amending Part 98 under 

its existing CAA authority provided in 

CAA section 114. As stated in the 

preamble to the 2009 final GHG 

reporting rule (74 FR 56260, October 30, 

2009), CAA section 114(a)(1) provides 

the EPA broad authority to require the 

information to be reported by this rule 

because such data would inform and are 

relevant to the EPA’s carrying out a 

wide variety of CAA provisions. See the 

preambles to the proposed (74 FR 

16448, April 10, 2009) and final Part 98 

(74 FR 56260, October 30, 2009) for 

further information. 

In addition, pursuant to sections 114, 

301, and 307 of the CAA, the EPA has 

established final confidentiality 

determinations for the new data 

elements required by this amendment. 

Section 114(c) of the CAA requires that 

the EPA make publicly available 

information obtained under CAA 

section 114, except for information 

(excluding emission data) that qualifies 

for confidential treatment. The 

Administrator has determined that this 

action (Part 98 amendment and 

confidentiality determinations) is 

subject to the provisions of CAA section 

307(d). 

II. Summary of Final Amendments to 

Part 98 

The EPA is finalizing the proposed 

alternative verification approach for the 

GHGRP, with some changes made in 

response to public comments. A 

detailed description of the alternative 

verification approach is available in the 

preamble to the proposed rule (78 FR 

55994, September 11, 2013). 

Additionally, the EPA is finalizing its 

CBI determinations for the new 

reporting elements added to Part 98 in 

this action, with changes made in 

response to public comments. 

This section of the preamble describes 

the final amendments to Part 98, 

organized according to the following 

four general areas: 

• Addition of a requirement for facilities 

subject to the subparts listed in Table 2 of 

this preamble to use IVT to enter 324 inputs 

to emission equations into IVT for which 

reporting was deferred to 2015 and for which 

disclosure concerns were identified. 

• Removal of the requirement to report 378 

inputs to emission equations for which 

reporting was deferred to 2015 and for which 

disclosure concerns were identified.8

• Revision of recordkeeping requirements 

for facilities required to use IVT. 

• Addition of new reporting elements for 

certain facilities required to use IVT. 

These four areas of final amendments 

are described in more detail in Sections 

II.A through II.D of this preamble. 

Specifically, each of these sections 

includes a summary of final 

amendments, a summary of major 

changes since proposal, and a summary 

of the major comments and the EPA’s 

responses thereto. The comment 

response document (Docket ID. No. 

EPA–HQ–OAR–2010–0929) includes a 

complete listing of all comments 

received on the proposed rule (78 FR 

55994, September 11, 2013) and the 

EPA’s responses. 

Additional rationale for these 

amendments is available in the 

preamble to the proposed rule (78 FR 

55994, September 11, 2013). 

The final amendments also include 

minor changes from the proposed rule 

that harmonize regulatory text to be 

consistent with other provisions in 40 

CFR part 98, clarify regulatory text, and 

correct minor errors in the proposal. 

These changes are described in the 

memorandum ‘‘Summary and 

Explanation of Minor Changes Since the 

Proposed Rule’’ (Docket ID No. EPA– 

HQ–OAR–2010–0929). 

A. Addition of a Requirement for 

Certain Reporters To Use an Inputs 

Verification Tool (IVT) To Enter Certain 

Data Elements 

1. Summary of Final Amendments to 

Part 98 

The EPA is finalizing the proposed 

requirement that IVT be used by 

facilities subject to the subparts listed in 

Table 2 of this preamble, with some 

exceptions for certain subpart C sources, 

as further discussed in Section II.A.2 of 

this preamble. Most commenters 

generally supported use of IVT as an 

effective method for verifying 

emissions. Using entered inputs to 

emission equations, IVT calculates the 

equation results, conducts electronic 

verification checks on the inputs, and 

generates a verification summary, as 

follows. IVT will be deployed within 

the Electronic Greenhouse Gas 

Reporting Tool (e-GGRT) and will be 

integrated without interrupting the 

current electronic reporting process. 

Reporters will enter data into e-GGRT 

that are required to be reported in the 

annual report, and will also enter into 

e-GGRT (via IVT) the inputs to emission 

equations for which reporting is no 

longer required under the amendments. 

IVT will use these entered data to 

calculate the equation results, conduct 

electronic verification checks on the 

entered inputs to emission equations, 

and generate a verification summary 

that informs the EPA about the 

verification results without specifying 

the entered inputs to emission 

equations. IVT will not retain the 

entered inputs to emission equations, 

which will not be electronically 

accessible to the EPA during their entry 

or anytime thereafter. Instead, the EPA 

will rely on the verification summary, 

which will become accessible to the 

EPA after annual report submittal, and 

other follow-up verification procedures 

described in the proposed rule for 

conducting verification. Sources subject 

to multiple subparts under Part 98 are 

required to use IVT for only those 

subparts listed in Table 2 of this 


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9 If the source is required to use IVT for other 

subparts, the source must retain records for all 

subparts (including subpart C) for a period of 5 

years. 

preamble. Reporters must use IVT 

starting with reporting year 2014. A 

detailed description of IVT and these 

requirements is provided in the 

proposal preamble (78 FR 55994, 

September 11, 2013), the memorandum 

‘‘Technical Approach and Design for 

Inputs Verification Tool,’’ August 2013 

(refer to Docket ID No. EPA–HQ–OAR– 

2010–0929), and Section II.A.3 of this 

preamble. 

The inputs to emission equations 

required to be entered into IVT are 

specified in the ‘‘verification software 

records’’ provisions in the 

recordkeeping section of each subpart 

specified in Table 2 of this preamble. 

Subpart C sources (e.g., individual 

units, aggregations of units, common 

pipes, or common stacks) that do not 

meet the following criteria have the 

option to use IVT or to report these 

deferred inputs to emission equations 

for which reporting was deferred to 

2015: Contain at least one combustion 

unit connected to a fuel-fired electric 

generator owned or operated by an 

entity that is subject to regulation of 

customer billing rates by the public 

utility commission (PUC) (excluding 

generators connected to combustion 

units subject to 40 CFR part 98, subpart 

D) and are located at a facility for which 

the sum of the nameplate capacities for 

all such electric generators is greater 

than or equal to 1 megawatt electric 

output. For those sources who choose to 

report their inputs to emission 

equations, e-GGRT will require the 

reporters to waive the right to make 

confidentiality claims before they can be 

reported via e-GGRT. 

2. Summary of Changes Since Proposal 

This section provides a brief summary 

of changes to the requirement to use IVT 

since proposal. The EPA’s rationale for 

these changes is provided in Section 

II.A.3 of this preamble as part of the 

EPA’s response to the related 

comment(s). 

The changes to the proposed 

requirement to use IVT are as follows: 

• The EPA has revised one of the criteria 

in 40 CFR 98.36(f) that specifies which 

stationary fuel combustion sources (e.g., 

individual units, aggregations of units, 

common pipes, or common stacks) subject to 

subpart C of part 98 are required to report 

inputs to emission equations for which 

reporting was deferred to 2015. At proposal, 

40 CFR 98.36(f)(1) stated that the stationary 

combustion source contains at least one 

combustion unit connected to a fuel-fired 

electric generator granted access by the 

Public Utilities Commission to deliver power 

to the local or regional power grid (excluding 

generators that are connected to combustion 

units that are subject to subpart D of the 

part). In the final rule, this criterion is 

revised to state that the stationary fuel 

combustion source contains at least one 

combustion unit connected to a fuel-fired 

electric generator that is owned or operated 

by an entity that is subject to regulation of 

customer billing rates by the public utility 

commission (excluding generators that are 

connected to combustion units that are 

subject to subpart D of the part). 

• For sources that do not meet the criteria 

specified in 40 CFR 98.36(f), the EPA has 

added an option in 40 CFR 98.3(d)(3)(v) and 

40 CFR 98.36(a) to either elect to use IVT or, 

if potential disclosure is not a concern to the 

reporters, to report these inputs to emission 

equations. For reporting year 2014, if a 

subpart C source elects not to use IVT, the 

source is required to report their subpart C 

inputs to emission equations for which 

reporting was deferred to 2015 for reporting 

years 2010 through 2014 in the reporting year 

2014 annual report. If this source is not 

required to use IVT for other subparts listed 

in Table 2 of this preamble, the source would 

not be subject to the extended recordkeeping 

requirements of 5 years.9

• The EPA has revised the proposed 

amendments to 40 CFR 98.5(b) to add an 

option for reporters subject to using IVT to 

enter an explanation into IVT in cases where 

IVT has produced a warning message for an 

entered data value (e.g., the value is outside 

the EPA’s expected range), but the reporter 

believes that the data value is accurate as 

entered. 

• The EPA has revised its method for 

specifying which inputs to emission 

equations must be entered into IVT. At 

proposal, 40 CFR 98.5(b) indicated which 

inputs to emission equations must be entered 

into IVT by referring to equations specified 

in proposed Table A–8 of Part 98. In the final 

rule, the EPA identifies the inputs to 

emission equations that must be entered into 

IVT in a ‘‘verification software records’’ 

provision in the recordkeeping section of 

each affected subpart. Therefore, proposed 

Table A–8 is not included in the final rule. 

Refer to Section II.C of this preamble for 

further discussion of these ‘‘verification 

software records’’ provisions. 

Additionally, in response to public 

comments, the EPA is making changes 

related to implementation of the 

alternative verification approach. These 

changes do not involve regulatory 

amendments to Part 98, but do improve 

the design and use of the IVT and 

address questions and concerns raised 

by commenters. A summary of these 

changes follows. 

IVT Testing. The EPA will provide an 

opportunity well in advance of the 

March 2015 reporting deadline for 

stakeholders to test and provide 

feedback to the EPA on IVT for the 23 

subparts addressed in this final action 

via a compliance assistance open testing 

period, or ‘‘sandbox.’’ Refer to Section 

II.A.3 of this preamble for a description 

of ‘‘sandbox’’ testing and further 

discussion of this opportunity. The EPA 

encourages all stakeholders to 

participate in the sandbox testing 

because this testing will provide a 

valuable opportunity for reporters to 

preview and familiarize themselves 

with the new application for all 

applicable subparts before the open 

reporting period begins, typically in 

mid-February. The EPA intends to offer 

sandbox testing from October through 

December 2014, providing testing by 

subpart on a rolling basis. Participants 

who identify an error in IVT will have 

the opportunity to provide feedback to 

the EPA regarding their IVT testing 

experience. Such feedback will ensure a 

higher quality IVT for reporting in early 

2015 and subsequent years. For details 

on the sandbox testing, including a 

schedule of when testing will occur for 

each of the 23 subparts, please see 

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

reporters/training/inputs-verifier.html. 

IVT Design. In response to commenter 

input, the EPA has revised the IVT 

design to improve the ease of use and 

the efficiency of the data entry process, 

instructions, help screens, warnings, 

and error messages. Refer to Section 

II.A.3 of this preamble for further 

discussion of these revisions. See the 

EPA’s comment response document in 

Docket ID No. EPA–HQ–OAR–2010– 

0929 for a list of all public comments 

regarding additional improvements to 

IVT and the EPA’s responses, including 

revisions to address errors identified by 

commenters. 

3. Summary of Comments and 

Responses 

This section provides a brief summary 

of the significant comments received in 

response to the proposed requirement to 

use IVT, and the EPA’s responses. The 

EPA’s comment response document in 

Docket ID No. EPA–HQ–OAR–2010– 

0929 provides a complete listing of all 

related comments and the EPA’s 

responses. 

Comment: One commenter asserted 

that the verification approach that the 

EPA has used during the deferral period 

has been successful, is efficient, and 

should be adopted as EPA’s permanent 

approach for verification, rather than 

requiring facilities to use IVT. The 

commenter asserted that, during this 

deferral period, verification checks have 

been conducted through e-GGRT on 

data that have been reported to the EPA. 

The commenter believes that while the 

EPA has identified reporting errors 

during these years, such concerns will 

become increasingly rare as reporters 

become more familiar with and are able 


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10We received no comment on the proposed 

criterion (2), and we are therefore finalizing that 

criterion as proposed. 

to streamline the reporting process. The 

commenter asserted that in situations 

where the EPA is not able to verify the 

data, the EPA can continue to follow-up 

with facilities. The commenter also 

asserted that the interim verification 

approach used by the EPA has strong 

parallels to other ‘‘certification’’ 

requirements that the EPA has long 

deemed sufficient to ensure compliance 

in similar circumstances. Finally, the 

commenter asserted that because the 

interim verification approach has been 

successful, the risk of entering CBI into 

an unproven system that has the 

potential to be insecure is not justified. 

Response: As the commenter notes, 

the EPA has been conducting 

verification checks using data other than 

inputs to emission equations. Although 

the checks to date gave us some 

confidence in the submitted data, the 

verification approach being finalized in 

this action allows for more precise 

checks to be conducted and therefore a 

more robust verification approach. 

Specifically, requiring that the inputs to 

emission equations (for which 

disclosure concerns were identified) be 

entered into IVT allows the tool to 

verify reported emissions by calculating 

the emission equation results as well as 

conducting verification checks on the 

entered inputs to emission equations. 

These checks are designed to ensure 

that calculations are performed correctly 

by the reporter and that appropriate data 

were used to calculate emissions. While 

the EPA agrees that over time, 

commenters will become more familiar 

with e-GGRT and IVT and the increased 

familiarity may help to reduce reporting 

errors, it is important that the Agency’s 

verification process is as robust as it can 

be to ensure the accuracy of the 

submitted data. The verification 

approach finalized in this action will 

accomplish that goal while at the same 

time addressing the concerns regarding 

potential disclosure of sensitive 

information. 

Regarding the comment that the 

verification approach used during the 

deferral period is similar to ‘‘other 

certification requirements that the EPA 

has long deemed sufficient to ensure 

compliance in similar circumstances,’’ it 

is not clear which programs to which 

the commenter is referring. As the EPA 

stated in the memorandum ‘‘Evaluation 

of Alternative Verification Approaches 

For Greenhouse Gas Reporting Rule 

Subparts for which Reporting of Inputs 

to Emission Equations was Deferred to 

March 31, 2015’’ (EPA–HQ–OAR–2010– 

0929–0048), the EPA considered the 

verification approach used by the EPA’s 

Toxics Release Inventory (TRI) program, 

which requires self-certification that the 

information reported is accurate, and 

includes electronic data checks and 

follow-up conducted by the EPA. 

However, the TRI is a different type of 

program than the GHGRP in that it does 

not require specific monitoring and 

calculation approaches, but rather 

requires that estimates be based on the 

best available information. In contrast, 

the GHGRP prescribes a set of specific 

calculation methods, or equations, for 

individual source categories, processes, 

and emission units, so that data 

collected from multiple facilities are 

consistent and comparable. Given the 

additional specification required by the 

GHGRP, the EPA concluded that the 

more precise checks that will be 

conducted by IVT are warranted. 

The EPA addresses the comment 

about IVT’s security and the assertion 

that the system is unproven later in this 

section of the preamble. 

Comment: One commenter expressed 

concern regarding the language used in 

40 CFR 98.36(f)(1), indicating that the 

language is vague and confusing. The 

commenter stated that the phrase 

‘‘granted access by the Public Utilities 

Commission (PUC) to deliver power to 

the local or regional electric power grid’’ 

could result in confusion or overlybroad reporting of CBI. The commenter 

explained that some jurisdictions 

impose only registration and other 

ministerial requirements on units 

granted access; whereas some 

jurisdictions ‘‘engage in direct price and 

other regulation of vertically integrated 

and other utility operations that grant or 

restrict franchise rights.’’ The 

commenter cautioned that it is not clear 

what level of regulation constitutes a 

‘‘grant of access’’ under the rule, 

explaining that all units, regardless of 

type or regulatory regime, require 

‘‘access’’ to a local or regional grid in 

some form to make off-site sales of 

power. 

The commenter recommended that 

the EPA avoid misinterpretation of 40 

CFR 98.36(f) by clarifying in the final 

rule that only units subject to regulation 

as ‘‘public utilities under the laws and 

regulations of a given state’’ (as opposed 

to those under other Federal regulations 

or not otherwise subject to State utility 

commission oversight of operations and 

rates as ‘‘public utilities’’) should be 

considered as having been ‘‘granted 

access by the Public Utilities 

Commission to deliver power to the 

local or regional electric power grid.’’ 

The commenter also stated that it is 

incorrect to assume that information 

provided to PUCs or similar institutions 

is also disclosed publicly, and that the 

EPA should clarify how it will address 

such information if the PUC treats that 

information as CBI or it is otherwise not 

available to the public. 

Response: For the reasons stated 

below, the EPA agrees that the proposed 

40 CFR 98.36(f)(1) does not clearly 

define the combustion units that must 

report subpart C inputs to emission 

equations for which reporting was 

deferred to 2015. Proposed 40 CFR 

98.36(f) specified that: (1) The stationary 

combustion source contains at least one 

combustion unit connected to a fuelfired electric generator that has been 

granted access by the Public Utilities 

Commission to deliver power to the 

local or regional electric power grid 

(excluding generators that are connected 

to combustion units that are subject to 

subpart D of the part); and (2) The 

stationary fuel combustion source is 

located at a facility for which the sum 

of the nameplate capacities for all 

electric generators specified in 

paragraph (f)(1) of the section is greater 

than or equal to 1 megawatt electric 

output.10 As indicated in the 

memorandum, ‘‘Evaluation of 

Competitive Harm from Disclosure of 

‘Inputs to Equations’ Data Elements 

Deferred to March 31, 2015,’’ August 

2013 (refer to Docket ID No. EPA–HQ– 

OAR–2010–0929), the EPA had found 

no disclosure concerns for any 

combustion source meeting the 

proposed criteria in 40 CFR 98.36(f)(1), 

including combustion sources owned or 

operated both by power producers 

whose primary purpose is selling 

electricity and by power producers 

whose primary purpose is not selling 

electricity. It was the EPA’s 

understanding at the time that both 

types of power producers are granted 

access to the grid by the PUC, that such 

grant requires that the associated 

consumer billing rates be regulated by 

PUCs and that, therefore, the power 

producers experience a high level of 

transparency due to the practice of the 

owner or operator disclosing fuel costs 

to the PUC through ratemaking 

procedures. Based on the above 

understanding, the EPA had concluded 

that releasing these data would not 

reveal any proprietary information 

about facility or process performance, 

design, and operation; cost to do 

business; raw material usage; or 

production. 

In light of the comment above, the 

EPA further investigated the reporting 

obligations of the owner or operators of 

power producers to PUCs. Based on 

these investigations, the EPA 

established that the PUC does not 


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11As discussed above, the e-GGRT will require 

that such reporter waive any confidentiality claim 

for its facility’s inputs to emission equations before 

such data can be entered into e-GGRT. 

typically grant access to the grid, but 

sometimes requires utilities to grant 

other power producers access to the 

grid. The EPA recognized that not all 

power producers that are granted access 

to the grid are subject to regulation of 

rates by PUCs, and therefore some of 

these power producers do not 

experience the high level of 

transparency that would be associated 

with the disclosure of fuel costs to the 

PUC through ratemaking procedures. As 

a result, the EPA cannot conclude that 

there would be no disclosure concerns 

associated with the release of these data 

for power producers based on their 

connectivity to the grid, given that some 

power producers connected to the grid 

are not subject to regulation of rates by 

the PUC. The new understanding and 

resulting harm analysis described above 

are also reflected in the memorandum 

‘‘Final Evaluation of Competitive Harm 

from Disclosure of ‘Inputs to Equations’ 

Data Elements Deferred to March 31, 

2015,’’ September 2014 (refer to Docket 

ID No. EPA–HQ–OAR–2010–0929). 

Given that the EPA found no disclosure 

concerns with respect to those power 

producers subject to regulatory 

oversight of consumer billing rates by a 

PUC, the EPA has changed proposed 40 

CFR 98.36(f)(1) in the final rule to more 

clearly and accurately describe the 

combustion units that must report as 

those units owned or operated by an 

entity that is subject to regulation of 

customer billing rates by the public 

utility commission. Power producers 

subject to regulatory oversight of 

consumer billing rates by a PUC include 

investor-owned utilities (IOUs) (i.e., the 

most common type of utility regulated 

by PUCs), non-utility generators, and 

consumer-owned utilities (COUs) that 

are subject to regulation of customer 

billing rates by a PUC. Because 

industrial plants that generate electricity 

are not subject to regulation of customer 

billing rates by a PUC, power producers 

owned or operated by industrial plants 

would not meet this revised reporting 

criterion in 40 CFR 98.36(f)(1). 

The commenter recommended 

replacing the proposed language 

‘‘granted access by the PUC to deliver 

power to the grid’’ with ‘‘subject to 

regulation as a public utility under the 

laws and regulations of a given state.’’ 

The terminology ‘‘public utility’’ could 

be interpreted to refer only to COUs, 

which are sometimes called ‘‘public 

power,’’ but excluding IOUs, which 

would not be appropriate because IOUs 

are subject to regulatory oversight of 

consumer billing rates by a PUC and 

therefore experience a high level of 

transparency. Also, the commenter’s 

suggested phrase ‘‘under the laws and 

regulations of a given state’’ could be 

interpreted as meaning any state law or 

regulation, regardless of whether they 

are associated with PUCs. Given that 

virtually all facilities generating 

electricity are governed to some degree 

by other state laws and regulations, and 

those regulated by the PUC might not be 

regulated for ratemaking purposes, this 

suggested text would expand the 

reporting requirement beyond those 

facilities subject to regulation of rates by 

the PUC, which is the basis for our 

finding of transparency. Accordingly, 

the EPA has determined that the rule 

text suggested by the commenter was 

overly broad. The EPA has determined 

that the text ‘‘owned by an entity subject 

to regulation of customer billing rates by 

a public utility commission’’ more 

accurately describes the power 

producers for which we found no 

disclosure concerns and therefore must 

report the subpart C inputs to emission 

equations for which reporting was 

deferred until 2015. 

The EPA agrees with the comment 

that not all information that is provided 

to PUCs may necessarily be made 

available to the public; however, the 

EPA believes that power producers 

subject to regulation of rates by PUCs 

generally experience a high level of 

transparency. The EPA has received no 

comment refuting the high level of 

transparency or stating that there are 

disclosure concerns associated with 

these subpart C inputs to emission 

equations. The final criterion (‘‘subject 

to regulation of customer billing rates by 

PUCs’’) was formulated to capture 

power producers that are utilities in 

states with so-called ‘‘regulated’’ 

electricity markets. In these states, 

power producers are generally owned 

by vertically integrated utilities, which 

operate as monopolies and sell power to 

customers at rates that are established 

through PUC proceedings. Given this 

monopolistic market for power 

producers subject to regulation of rates 

by PUCs, the EPA does not identify any 

disclosure concerns with reporting the 

inputs to emission equations in subpart 

C for reporters that meet the final 

criterion. In contrast, in ‘‘deregulated’’ 

or ‘‘restructured’’ states that have 

unbundled generation and delivery, 

independent power producers may 

compete to sell electricity, which is then 

delivered through a regulated 

distribution utility. These independent 

producers are not subject to PUC 

ratemaking procedures, and they will 

therefore not be required to report 

subpart C inputs to emission equation 

data for their combustion units. For the 

reasons stated above, the EPA concludes 

that clarifying the scope of the criteria 

to be those power producers that are 

subject to regulation of customer billing 

rates by PUCs accurately specifies 

facilities identified as having no 

disclosure concerns with the release of 

these data. 

Specifically, the final 40 CFR 98.36(f) 

provides the following criteria to 

indicate which stationary fuel 

combustion sources (e.g., individual 

unit, aggregation of units, common pipe, 

or common stack) must report their 

inputs to emission equations for which 

reporting was deferred to 2015: (1) The 

stationary fuel combustion source 

contains at least one combustion unit 

connected to a fuel-fired electric 

generator owned or operated by an 

entity that is subject to regulation of 

customer billing rates by the public 

utility commission (excluding 

generators that are connected to 

combustion units that are subject to 

subpart D of the part); and (2) The 

stationary fuel combustion source is 

located at a facility for which the sum 

of the nameplate capacities for all 

electric generators specified in 

paragraph (f)(1) of the section is greater 

than or equal to 1 megawatt electric 

output. For any stationary fuel 

combustion source subject to subpart C 

that does not meet these criteria, the 

final rule provides an option for the 

source either to use IVT starting in 

reporting year 2014 or to report these 

data to the EPA, including reporting the 

data specified in revised Table A–7 for 

reporting years 2010 through 2013.11

Refer to the comment summary and the 

EPA’s response immediately following 

this response for further discussion 

about this new option. 

Comment: Three commenters asserted 

that the EPA not require them to use 

IVT. They asserted that reporters under 

subpart HH (municipal solid waste 

landfills) have not expressed disclosure 

concerns regarding inputs to equations 

during comment periods for previous 

rulemakings, and that the proposal did 

not take this into consideration as it did 

not include an option to allow reporters 

to submit data to the EPA rather than 

use IVT. They further asserted that 

under the proposal, they would be 

required to use IVT for only a single 

equation input (quantity of fuel 

combusted under subpart C, Tier 1), and 

that the burden to their industry 

associated with use of IVT is not 

warranted, given that the single 


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12Sources meeting the criteria in 40 CFR 98.36(f) 

must report their subpart C inputs to emission 

equations that were deferred from reporting until 

2015. 

equation input is associated with less 

than 1 percent of reported GHG 

emissions from the industry. The 

commenters expressed concern that 

imposing the proposed requirements 

associated with IVT on landfills would 

be burdensome, and indicated that they 

would be willing to report the single 

data element to the EPA. They 

recommended that the EPA exclude Tier 

1 reporters from being required to use 

IVT. 

Response: The IVT requirements in 

the final amendments for subpart C, 

which covers a wide range of industries, 

address disclosure concerns identified 

for certain ‘‘inputs to emission 

equations’’ data elements. However, 

these commenters expressed that they 

do not have disclosure concerns with 

their fuel use data, the single input 

required for Tier 1 reporting under 

subpart C. For these commenters who 

are not concerned with reporting their 

fuel use quantity under subpart C, the 

EPA sees no reason to insist that they 

use IVT instead of reporting such data. 

In addition, the fact that these 

commenters have not identified 

disclosure concerns with any inputs to 

equations suggests that it is likely that 

landfills using other subpart C 

calculation methods besides Tier 1 may 

similarly prefer to report inputs to 

emission equations data elements under 

subpart C instead of using the IVT. 

Further, given the wide range of 

industries reporting under subpart C, it 

is possible that there are other 

industries that do not have disclosure 

concerns with fuel quantity and other 

equation inputs for subpart C 

calculation methods. For any such 

subpart C reporter, the EPA similarly 

sees no reason to insist that it use IVT 

instead of reporting such data. 

Accordingly, the EPA is revising 40 CFR 

98.36 to make it optional for subpart C 

sources that do not meet the criteria for 

electric generators in 40 CFR 98.36(f) 12

to use IVT. As such, under the final 

rule, a subpart C reporter, except for 

those meeting the criteria of 40 CFR 

98.36(f), who does not have disclosure 

concerns for the subpart C inputs to 

emission equation data elements may 

waive confidentiality claims and report 

such data instead of using IVT. Before 

e-GGRT will accept entry of these inputs 

to emission equations data, it will 

require that the reporter waive 

confidentiality claims of such data. 

If a subpart C source elects to report 

these data for reporting year 2014, the 

source is required to report these data 

for reporting years 2010 through 2013 as 

part of the reporting year 2014 annual 

report. If a source elects to use IVT in 

reporting year 2014, and then the source 

elects in a future year to report these 

data, the reporter will not be obligated 

to report these data for any prior year. 

Comment: Six commenters 

recommended that the EPA allow 

reporters time to test IVT prior to the 

start of reporting for reporting year 

2014, using a fully functional 

‘‘sandbox’’ testing environment similar 

to that used previously for e-GGRT 

testing. These commenters urged the 

EPA to allow sandbox testing for each 

affected subpart, arguing that the 

subpart X prototype developed for 

commenter review at proposal allowed 

them to review only the design and 

functionality of the prototype for 

subpart X. They stressed that additional 

testing is necessary to ensure IVT works 

for all affected subparts. Two 

commenters noted that sandbox testing 

would allow errors in the software to be 

found and corrected prior to 

implementation. Commenters also noted 

that sandbox testing of each subpart 

would enable them to determine 

whether IVT calculates emission 

equation results correctly and stated 

that sandbox testing would provide an 

opportunity for reporters to compare 

results of the calculations in IVT against 

the values calculated using the optional 

calculation spreadsheets. Other 

commenters requested sandbox testing 

because it would allow them to review 

and comment on the verification ranges 

incorporated in IVT. One commenter 

stated that testing could provide 

important information that may result in 

improvements to IVT that obviate the 

need for reporters to over-ride error 

messages. Other commenters expressed 

concern about protection of CBI and 

concluded that rigorous testing of each 

affected subpart is critical to ensuring 

confidential data are protected. 

Four commenters recommended that 

the EPA allow sandbox testing of the 

XML version of IVT. These commenters 

noted that the pilot IVT provided very 

limited testing for reporters using the 

XML option. They noted that the testing 

was limited to only one subpart, that 

only one sample XML file was provided 

for testing, and that the EPA did not 

provide the XML schema. Two 

commenters requested that the EPA 

provide additional time for reporters to 

review and test the XML IVT for each 

subpart. The complexity of the XML 

option, they argue, makes thorough 

testing of any XML schema essential. 

Eight commenters asserted that the 

pilot tool available during the comment 

period for the subpart X mass balance 

methodology was too limited, and as a 

result provided limited value in 

assessing the burden of the tool for the 

other methodologies and subparts that 

would be required to use the tool. Two 

of these commenters noted that because 

subpart X has different inputs to 

equation data elements and equations 

than other subparts, they were unable to 

provide adequate feedback on the tool 

during the comment period. Two of 

these commenters suggested that the 

EPA develop a pilot reporting tool for 

their subpart of interest, and re-propose 

the verification tool for that subpart to 

provide ample opportunity to provide 

public comment on the burden 

associated with the use of the tool. 

Three of these commenters asserted that 

because the pilot testing for subpart X 

was limited to the mass balance 

methodology, it provided limited value 

to assess the ease of use and burden of 

the tool for the other methodologies 

within subpart X. 

Two commenters indicated that 

reporters need more time in 2015 to 

complete their annual reports than in 

previous years. One commenter stated 

that in the past, the EPA has provided 

industry just a handful of weeks before 

the reporting deadline to update all of 

its data systems, input all of its data into 

e-GGRT, correct any errors, complete 

internal reviews of the reports, and to 

submit the reports. The commenter 

noted that the short timeframe was 

extremely challenging in past years. 

Both commenters indicated that it 

would be unacceptable for the EPA to 

provide another short timeframe in 

2015, considering the new requirements 

to back-report 2010 through 2013 data 

and use the new IVT. One commenter 

requested that the inputs verification 

tool be fully functional by January 1, 

2015 to allow reporters to undergo the 

required software development so that 

their systems accurately ‘‘sync’’ with the 

new version of e-GGRT. The commenter 

suggested that the EPA include language 

in Subpart A to indicate that for each 

day past January 1, 2015 that the 

upgraded e-GGRT is not available, the 

reporting deadline will be extended by 

one day. 

Response: During the public comment 

period, the EPA provided a subpart X 

prototype for testing and comment. This 

prototype allowed reporters to review 

the overall design, structure, and 

functionality of IVT, which applies to 

all subparts that are to use the tool. It 

was not necessary to have a prototype 

for every subpart during the open 

comment period because the overall 

design of IVT is the same irrespective of 

the specific methodologies, or 


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equations, in each subpart. Specifically, 

the tool demonstrated the following 

functions that apply to all subparts that 

are to use the tool: How IVT functions 

within e-GGRT, how to navigate from eGGRT to IVT and vice versa, how inputs 

are entered into IVT, how IVT calculates 

equation results based on the inputs to 

emission equations entered, how an 

emission equation result calculated in 

IVT is transferred to the annual 

reporting form in e-GGRT, how the 

reporter may override an emission value 

calculated by IVT, how the results of the 

verification checks conducted in IVT 

appear in the verification summary, 

how a reporter may enter inputs to 

emission equations into IVT over 

multiple e-GGRT sessions without 

having to start over each time the 

reporter logs out of e-GGRT (by saving 

them on their local computer), and how 

to use the XML bulk upload feature 

rather than using webforms. Reporters 

were also able to generate the list of 

inputs entered into IVT that must be 

kept as a record, view the format of the 

records file created, and test the 

downloading of the records file for 

recordkeeping purposes. These features 

that were available for testing represent 

all of the key functions of IVT. 

Comments on any of the above features 

received during the public comment 

period would apply to all subparts that 

are required to use IVT and not just the 

subpart X prototype. The feedback 

assisted the EPA in determining 

improvements to the design and 

functionality of IVT for all subparts with 

the IVT requirement. 

Although providing IVT for all 

subparts during the comment period 

was not necessary, the EPA agrees with 

the commenters that both the EPA and 

reporters would benefit from the 

opportunity to test IVT for all applicable 

subparts prior to the beginning of 

reporting for reporting year 2014. 

Accordingly, the EPA will offer 

reporters an opportunity prior to the 

beginning of the reporting year 2014 

open reporting period (which is 

typically in mid-February) to view and 

provide feedback on the IVT modules 

for all 23 subparts listed in Table 2 of 

this preamble. The EPA will use a 

sandbox testing environment similar to 

that used previously for e-GGRT testing. 

The EPA intends to offer sandbox 

testing from October through December 

2014, providing testing by subpart on a 

rolling basis. For details on the sandbox 

testing, including a schedule of when 

testing will occur for each of the 23 

subparts, please see http://

www.epa.gov/ghgreporting/reporters/

training/inputs-verifier.html. We are 

confident that this sandbox testing 

period will provide reporters the time 

needed to sync their systems with IVT 

prior to the open reporting period for 

reporting year 2014, and submit their 

reports by March 31, 2015. 

As previously provided for in the 

2010 sandbox for testing of e-GGRT, the 

sandbox environment for IVT will 

provide participants an opportunity to 

try IVT functions for all 23 subparts, 

including navigating between IVT 

screens, entering data, testing the XML 

uploading option (saving XML files to 

local drives, and uploading XML files to 

IVT), checking the built-in calculation 

algorithms, and accessing Help content. 

Participants will be assigned a test 

facility for which they will be able to 

enter mock data for any IVT subpart 

module they wish to test. 

Sandbox participants may notify the 

EPA should they identify an error, bug, 

or technical glitch in IVT. The EPA 

plans to conduct extensive testing to 

ensure that IVT calculates the emissions 

correctly for all subparts; however, 

should any calculation or other subpartspecific errors remain, these can be 

detected during the sandbox period and 

addressed prior to the open reporting 

period. Because extensive internal 

testing will have been conducted prior 

to the compliance assistance ‘‘sandbox’’ 

being made available, the EPA does not 

anticipate major issues during the 

sandbox period that cannot be 

addressed prior to the open reporting 

period. 

Regarding the comment that 

additional time is needed due to the 

back-reporting of a significant amount of 

information, the EPA notes that, with 

the exception of subpart W, only a 

handful of inputs to equations in each 

subpart must be back-reported for years 

2010 through 2013 (i.e., reporters 

typically will have no more than 10 

inputs to equations in each of these 

subparts to report for these years.) 

Further, as discussed above, because the 

system will have gone through extensive 

testing followed by an IVT sandbox 

period for reporters to sync their 

systems with IVT before it is opened for 

reporting, we are confident that the 

reporters will have sufficient time to 

submit their reports, including back 

reporting a small number of inputs for 

reporting years 2010 through 2013. For 

subpart W, which has a substantial 

number of inputs to be back-reported to 

the EPA for these years, the EPA plans 

to use a spreadsheet to collect this data, 

and anticipates publishing the 

spreadsheet in October 2014. This will 

allow facilities to begin data entry into 

the spreadsheet prior to the open 

reporting period. The spreadsheet can 

then be uploaded to e-GGRT during the 

open reporting season. Refer to Section 

II.B.1 of this preamble for a discussion 

of the timing of entering inputs to 

emission equations for reporting years 

2011 through 2013 for subpart W. In 

light of the extensive testing and the 

sandbox period, which will allow 

reporters to sync their systems with IVT 

prior to the open reporting period, and 

the EPA’s plans to make the subpart W 

spreadsheet for 2010 through 2013 

available in October, we have 

determined that the typical reporting 

period of approximately six weeks is 

sufficient. 

As requested by commenters, sandbox 

participants may provide input on the 

ranges that the EPA has identified for 

the reasonable range verification checks 

on the inputs entered into IVT. As is the 

case for all expected range checks used 

as part of the electronic verification 

process, the EPA will set initial ranges 

and will continually refine ranges as 

additional information is obtained. 

Should the EPA receive feedback on 

expected range checks during the 

sandbox period, the EPA will review the 

feedback and adjust the ranges prior to 

the open reporting period as 

appropriate. Also, as is the case for all 

expected range checks conducted in eGGRT, the reporter may enter any value 

into IVT regardless of the reasonable 

range. The expected ranges are not used 

by the EPA as a final determination 

regarding data quality or compliance; 

rather, they are used as a first step of the 

verification process and are further 

investigated. Finally, as is discussed in 

more detail later in this section of this 

preamble, during the reporting process, 

the reporter will have the opportunity to 

add a comment to the EPA associated 

with individual verification warnings in 

IVT. As a result, if reporters feel that an 

explanation is needed as to why a 

particular range was exceeded or that 

the range within IVT needs to be 

adjusted, they may do so as part of the 

annual reporting process. 

Regarding the comments on the XML 

upload reporting option, the EPA notes 

that during the public comment period, 

we published an XML schema for the 

IVT prototype, as well as two sample 

files to be used with the prototype, an 

XML Inputs Verifier file and an XML 

Annual Report File. The sandbox that 

will be available for IVT will also 

include this XML upload reporting 

option. For subparts with XML 

reporters, the EPA will provide the XML 

schema for the inputs to equations data 

entered into IVT and example XML files 

to use for testing the XML upload 

approach. The EPA agrees that changes 

to the XML schema need to be 


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thoroughly tested, and the EPA plans to 

do so prior to releasing the XML schema 

for e-GGRT and IVT. 

The EPA disagrees with the comments 

that the pilot verification tool provided 

at proposal for the mass balance 

methodology in subpart X was of 

limited value for assessing the burden of 

use for other methodologies and 

subparts required to use IVT. As 

discussed in detail above, the overall 

design of the IVT is the same 

irrespective of the differences in 

methodologies and subparts. 

Accordingly, the subpart X prototype 

allowed reporters to review the overall 

design, structure, and functionality of 

IVT for all subparts that are to use the 

tool. Based on their experience with the 

subpart X prototype, reporters may 

assess the burden associated with other 

subparts by comparing the number and 

complexity of equations in other 

subparts to the equations in subpart X. 

Further, in the proposed Impacts 

Analysis, ‘‘Assessment of Cost Impacts 

of 2015 Inputs Proposal—Revisions to 

Reporting, Recordkeeping, and 

Verification Requirements Under the 

Greenhouse Gas Reporting Program,’’ 

August 2013 (available in the EPA’s 

Docket ID No. EPA–HQ–OAR–2010– 

0929), the EPA stated that the burden 

for entering inputs to equations into IVT 

is no different than it would be to enter 

them into e-GGRT for reporting to the 

EPA. The EPA did not receive 

comments on the proposed Impacts 

analysis. For the reasons stated above, 

we do not believe that it is necessary to 

re-propose the tool with all subparts to 

provide an opportunity to comment on 

the burden of using the tool for all 

subparts, as suggested by several 

commenters. Refer to the next comment 

and response for additional detail on the 

specific comments provided to the EPA 

on IVT design and functionality and 

how the EPA is addressing those 

comments. 

Regarding the comment that rigorous 

testing of each affected subpart is 

critical to ensuring that data are 

adequately protected, refer to comments 

and responses later in this section on 

how the EPA is ensuring that inputs 

entered into IVT are not retained by the 

EPA. 

Comment: Many commenters 

provided useful suggestions for 

improvements to IVT. For example, 

some commenters recommended IVT 

include functions that allow reporters to 

automatically populate web form fields 

in situations where the data are reported 

on a recurring basis (e.g., weekly, 

monthly, etc.) and are likely to remain 

constant over time. Other commenters 

recommended IVT allow data to be 

copied from external spreadsheets or 

other data files instead of being entered 

individually into IVT. These 

commenters noted that this approach 

would save time and avoid unnecessary 

transcription errors. Three commenters 

recommended that IVT flag any data 

entry errors related to the data being 

outside an acceptable range directly 

following data entry, rather than on a 

separate screen. One of these 

commenters requested that IVT should 

provide more information regarding the 

error triggered (e.g., whether the entered 

data are above or below the expected 

range). These commenters stressed that 

alerting reporters to errors at the 

moment of data entry would help 

reporters identify errors more quickly. 

Three commenters recommended an 

additional comment field be added to 

IVT that allows reporters to respond to 

IVT error messages. They maintained 

that this approach would streamline the 

verification process and save time for 

both the EPA and reporters by 

potentially avoiding follow-up after the 

report has been submitted to the EPA. 

Response: The EPA has reviewed the 

commenters’ suggested improvements to 

IVT and, with the exception of one 

suggestion described below, has 

incorporated these improvements in 

IVT. The EPA agrees with the suggestion 

that reporters should have the ability to 

automatically populate web form fields 

in situations where the data required to 

be entered were collected on a recurring 

basis (e.g., weekly, monthly, etc.). For 

example, in subpart X, for the gas 

stream entry fields, reporters will be 

able to automatically populate the 

monthly carbon content and molecular 

weight of the feedstock with the first 

month’s values since those values may 

remain constant in many cases. The 

EPA anticipates that this change in IVT 

will improve the efficiency of the data 

entry process and reduce chances for 

errors associated with manual entry. 

Regarding the recommendation to allow 

data to be copied from external 

spreadsheets or other data files instead 

of being entered individually into IVT, 

the EPA agrees with commenters that 

this capability would reduce burden 

and errors associated with manual data 

entry. For each data element for which 

the reporter is required to enter values 

collected at a frequency greater than 

monthly, the EPA is providing an offline tool to convert spreadsheets to the 

XML input format, for use with IVT. 

The EPA has evaluated commenters’ 

concerns regarding the flagging of data 

errors when they are entered into IVT. 

As discussed in the proposed rule, IVT 

provides ‘‘real-time’’ checks as data are 

entered into IVT, similar to checks in eGGRT. The results of these checks, 

called validation messages in IVT, will 

be easily accessible within e-GGRT at 

the time of entry. Although such 

warnings will be on a separate screen, 

there are direct links to such screens to 

ensure that it is easy to navigate to IVT 

to revise data as needed. This is the 

same for all validation checks that are 

currently conducted and displayed 

within e-GGRT for all reporters. 

Although we recognize the potential 

usefulness of this suggestion, this type 

of design change would require a 

significant amount of resources, and 

cannot be done prior to the reporting 

period for reporting year 2014. The EPA 

is always open to making changes to eGGRT and IVT over time, and may 

consider whether it is feasible to show 

validation messages on the same screen 

on which the data are being entered 

and, if so, whether to make such 

adjustment in IVT. 

The EPA agrees with commenters that 

IVT should provide more information 

regarding the error triggered (e.g., 

whether entered data are above or below 

the expected range). Accordingly, in 

response to these comments, IVT will 

include an ‘‘out of range’’ message in 

the verification summary that indicates 

the range being used for each data 

element entered as well as whether the 

value entered was above or below the 

range. We anticipate that this additional 

information will make the verification 

process more efficient by reducing the 

amount of follow-up required for 

verification. 

Finally, the EPA has considered 

commenter recommendations for 

addition of a comment field allowing 

reporters to respond to IVT error 

messages, explaining why a potential 

error may not be an error, such as when 

an entered equation input is found to be 

out of range or has otherwise triggered 

a message on the verification summary. 

The EPA recognizes that, in some cases, 

reporters may have inputs to emission 

equations that are legitimately outside 

of identified ranges due to unique 

circumstances. In cases such as these, 

we agree with commenters that this 

option will reduce the amount of 

follow-up required of the EPA and 

reporters. As such, we have 

implemented this change in IVT. 

Comment: Eight commenters raised 

security concerns regarding data entered 

into IVT. These commenters wanted 

additional information on how IVT 

would protect sensitive data and 

assurances that the data would not be 

inadvertently disclosed. One commenter 

stated that the security of IVT was 

particularly important to facilities that 

are required to comply with certain U.S. 


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13http://csrc.nist.gov/publications/PubsSPs.html. 

export control requirements. Four 

commenters were concerned about 

security during the period of transient 

storage while the user is logged into IVT 

of data. Some commenters asked for 

clarification on where the data will 

reside during this period, while other 

commenters wanted the EPA to 

demonstrate that data would only be 

stored temporarily and that no data 

would be retained during a system 

crash. Some commenters wanted 

additional information about who 

would have access to the data during 

this transient storage of the data. One 

commenter wanted the EPA to confirm 

that data with disclosure concerns 

entered into IVT would not be 

accessible to EPA personnel. Two 

commenters were concerned that 

outside vendors would have access to 

data in the transient storage area. Three 

commenters were concerned about the 

security of data transmitted over the 

Internet. Two commenters were 

concerned that data could be 

intercepted during transmission by 

proxy servers and that data may still be 

stored in these proxy servers after the 

session ends. One commenter expressed 

concern that use of XML files to input 

data into IVT raises security concerns 

because the format is easily readable, 

containing the definitions needed to 

decipher the data values. This 

commenter was also concerned that 

malicious or inadvertent HTML codes 

can be inserted into XML files thereby 

causing other security vulnerabilities. 

Other commenters wanted the EPA to 

confirm that IVT will not submit 

confidential information over the 

Internet. 

Response: IVT is designed to operate 

securely within e-GGRT, as a transient 

process, such that data entered into IVT 

would be temporarily housed in the IVT 

system while the reporter is actively 

using IVT. The IVT system is designed 

so that entered inputs data are placed 

only in session (server memory). The 

entered inputs will not be saved to the 

underlying EPA database, nor will they 

be saved to the server’s file system. The 

EPA has taken the following steps to 

ensure that inputs data are not 

mistakenly appended to data that are 

saved (e.g., when saving validation and 

verification summary records to the 

database) and to ensure that information 

saved to the server logs does not contain 

user-entered inputs data. IVT has not 

been configured to use the server’s file 

system to temporarily save files. Instead, 

IVT is configured only to use memory 

for transient housing of inputs data 

while the reporter is actively using IVT. 

This configuration applies to inputs 

data entered into IVT webforms or data 

uploaded from a local ‘inputs’ file 

through the IVT webforms, as well as 

inputs data uploaded through the XML 

upload process. As with data entered 

through the webform, IVT will not save 

uploaded XML files to the underlying 

EPA database or to the server’s file 

system, but will only retain the data in 

server memory for the duration of the 

session. Uploaded XML files will be 

validated against a published schema 

definition (i.e., published document 

prescribing the required format of the 

file), so in many cases XML files 

containing ‘‘malicious or inadvertent 

HTML codes’’ would be rejected by the 

system as not being well-formed. If 

‘‘malicious or inadvertent HTML codes’’ 

were inserted into an XML in a manner 

that did not render it invalid, the file 

would be rejected by a process that 

inspects uploaded files for script tags. 

Therefore, the system is not vulnerable 

to any potential HTML code appended 

to these files. The entered inputs to 

emission equations are then erased 

when the user’s session with e-GGRT 

ends. 

Regarding the comments that 

unauthorized persons may be able to 

access data that are temporarily in 

session while the reporter is actively 

using IVT and the concerns with 

transmission of data over the Internet 

and potential data interception, the EPA 

complies with the strict security 

procedures and guidance governing 

access to federal data servers established 

by the National Institutes of Standards 

and Technology (NIST) and in 

accordance with the Federal 

Information Security Management Act 

of 2002 (FISMA). All EPA information 

systems must meet the security 

requirements defined in the NIST 

Special Publication 800–53.13

Adherence to the NIST Federal 

Information Systems requirements are 

intended to protect EPA information 

systems, including e-GGRT, from a 

diverse set of threats including hostile 

cyber-attacks, natural disasters, 

structural failures, and human errors. As 

such, the program keeps a security plan 

up to date and conducts annual reviews 

of the security controls. Furthermore, in 

order to address the security concerns 

noted by the commenter regarding 

unauthorized access to data while it is 

in session on the server, the EPA has 

identified an additional security layer 

beyond the NIST requirements to 

encrypt the transient session data used 

by the server while the reporter is 

actively using IVT. The session data will 

be encrypted with a key unique to that 

user’s session. As a result, the EPA has 

concluded that this suite of protections 

is sufficient to address concerns raised 

regarding the possibility of 

unauthorized persons accessing data in 

the transient housing area while the 

reporter is actively using IVT. 

Regarding the comments expressing 

concern over transmission of data over 

the Internet and potential data 

interception, the inputs data entered by 

a reporter in the web form are encrypted 

via Transport Layer Security (TLS) 

security protocol. TLS is a standard 

security protocol providing an 

encrypted link between the client (the 

user’s browser) and the EPA’s servers. 

TLS encryption ensures that entered 

data are secure from the browser to the 

EPA server. Normal Internet HTTP 

communication sends data between the 

client and the server in plain text. 

Application of the TLS protocol to 

HTTP communication (HTTPS) will 

ensure that the inputs data are 

encrypted rather than in plain text 

while in transit. TLS encryption ensures 

that data are completely secure from the 

user’s browser to the e-GGRT servers. 

Although data are transferred over the 

Internet through proxy servers, due to 

TLS encryption, the inputs data would 

never be in plain text and could not be 

deciphered by intermediate or proxy 

servers. TLS is the standard security 

protocol used to protect the transfer of 

many types of sensitive data, including 

credit card numbers, banking data, and 

similar information requiring maximum 

protection. The EPA does not use proxy 

servers for its e-GGRT database, but 

relies completely on dedicated server 

space at the National Computer Center. 

Therefore, TLS termination takes place 

only on secured e-GGRT servers. The 

EPA will always use these secure 

servers (identified with the ‘‘https’’ 

prefix), which identify that the TLS 

security protocol is applied, and IVT 

will not incorporate inputs to emission 

equations data into URLs. This also 

applies to data transferred through XML 

upload. XML data uploaded by a user 

will also be encrypted via TLS security 

protocol and will not be in plain text 

while in transit. If intercepted while in 

transit, the XML data would be 

encrypted and therefore indecipherable. 

These encrytion procedures will protect 

data as they are transferred between the 

client’s browser and the EPA’s servers. 

IVT is also designed to protect data in 

the instance of a system malfunction. In 

the event of a system crash, all session 

data are lost, including the session key 

that would be capable of decrypting that 

data. There are no processes in place to 

save any information during a system 

crash. Therefore, if a reporter enters data 


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14For a description of the evaluation process, 

please see the memorandum titled ‘‘Process for 

Evaluating and Potentially Amending Part 98 Inputs 

to Emission Equations’’ (Docket ID No. EPA–HQ– 

OAR–2010–0929). 

15The results of the evaluation were documented 

in the four following memoranda available in the 

EPA’s Docket ID No. EPA–HQ–OAR–2010–0929: 

‘‘Evaluation of Public Availability of Inputs to 

Emission Equations for which Reporting was 

Deferred to March 31, 2015,’’ August 2013; 

‘‘Evaluation of Competitive Harm from Disclosure 

of ‘Inputs to Equations’ Data Elements Deferred to 

March 31, 2015,’’ August 2013; ‘‘Evaluation of 

Alternative Calculation Methods,’’ August 2013; 

‘‘Evaluation of Alternative Verification Approaches 

For Greenhouse Gas Reporting Rule Subparts for 

which Reporting of Inputs to Emission Equations 

was Deferred to March 31, 2015,’’ August 2013. 

into IVT and the IVT system 

malfunctions, the reporter’s data are not 

stored in any way and cannot be 

recovered. 

Regarding an earlier comment that 

IVT is an unproven system, the EPA 

disagrees with this comment. The EPA 

designed a prototype to demonstrate the 

functionality of the tool. As stated 

earlier in this preamble, this prototype 

allowed reporters to review the overall 

design, structure, and functionality of 

IVT, which applies to all subparts 

required to use the tool. For additional 

information on this topic, please see the 

discussion earlier in this preamble on 

the prototype and ‘‘sandbox’’ testing. 

In summary, the EPA has taken 

several steps to add safeguards and to 

build multiple security ‘‘layers’’ into the 

system to prevent release of the data as 

they are transmitted to the EPA’s servers 

and temporarily housed while the user 

is actively using IVT, but are not 

retained in the server memory after the 

user’s e-GGRT session ends. The EPA is 

confident that the described security 

procedures will adequately protect the 

data entered into IVT. 

Comment: Six commenters stated that 

they consider equation input data 

required to be entered into IVT to be CBI 

and expressed concern that the EPA has 

not gone far enough to legally protect 

these data from public disclosure. Four 

commenters described how these data 

meet the five-part criteria specified in 

40 CFR 2.208 for confidential treatment. 

The commenters asserted that the EPA 

recognized in its proposed rule that 

these data are entitled to protection 

from public disclosure. The commenters 

questioned why, given this recognition, 

the EPA has not afforded these data CBI 

protection under the CAA. Two 

commenters questioned why the EPA 

was silent in its proposal as to whether 

these data are to be afforded CBI 

protection, instead focusing on revising 

reporting and recordkeeping 

requirements for these data. 

Five of the commenters referred to a 

continued risk associated with the 

proposed verification approach that 

equation inputs entered into IVT will be 

available to the public or subject to 

disclosure under the CAA. Four 

commenters noted that section 114(c) 

requires that the EPA must provide 

‘‘emission data’’ to the public, if 

requested. One of these commenters 

described the continued risk as related 

to the EPA’s inspection of facility 

records, indicating that the EPA did not 

include provisions in the proposal 

explaining whether or how records of 

equation input data entered into IVT are 

to be afforded CBI protection or 

otherwise protected from public 

disclosure as a result of Agency review 

of records. The commenter further 

stated that the proposed rule does not 

set forth a requirement that the EPA can 

access these data only through an 

official enforcement-related action that 

might afford the information privileged 

status and provide some security from 

public release, nor, according to the 

commenter, are there provisions to 

ensure that non-enforcement staff or 

EPA contractors cannot access the data 

and inadvertently release these data or 

otherwise render the information 

unprotected. 

Three commenters further expressed 

concern that by retaining any residual 

risk of disclosure of equation input data 

entered into IVT, 40 CFR part 98 could 

potentially subject reporters to antitrust 

liability. The commenters explained 

that equation input data required to be 

entered into IVT include cost- and 

output-related information that is a 

significant determinant of prices, 

including information regarding fuel 

production and distribution, which 

provides details about plant operations 

and inputs, nature, and location of 

sources. 

The six commenters contended that 

the EPA must take further steps to 

address the remaining ‘‘residual risk’’ of 

disclosure under the CAA of equation 

input data required to be entered into 

IVT. Five of the commenters urged the 

EPA to provide CBI protection to 

equation inputs entered into IVT. Four 

of the commenters urged the EPA to 

address their concerns about disclosure 

by explicitly stating in the final rule that 

data entered into IVT qualify for 

confidential treatment under the EPA’s 

regulations and should not be deemed 

‘‘emission data.’’ One commenter 

requested that the EPA address their 

concerns about disclosure by including 

in the final rule language expressly 

recognizing the CBI status of these data. 

One commenter urged the EPA to 

further address concerns about the 

residual risk of disclosure by clarifying, 

in the preamble to the final rule, that 

equation input data entered into IVT 

remain at all times in the possession of 

the company entering the data and thus 

are not subject to disclosure under any 

other Federal law as a result of entry 

into IVT. 

Response: As explained below, the 

EPA has not determined either in this 

rulemaking or any other final action that 

the equation input data entered into IVT 

are entitled to CBI protection. The EPA 

previously amended Part 98 to defer the 

reporting of inputs to emission 

equations data elements to allow the 

Agency time to evaluate concerns raised 

by some reporters regarding potential 

public disclosure of some of these data 

elements and to take appropriate action 

(76 FR 53057, August 25, 2011). The 

four-step evaluation, which was 

designed to inform the Agency whether 

and what further action may be 

appropriate, includes discussions of 

potential disclosure scenarios as well as 

consideration of alternative emission 

calculation and verification methods.14

The evaluation does not include 

establishing confidentiality status for 

any data that the EPA assigns to the 

inputs to emission equations category. 

Any such determination must be made 

in accordance with the CAA and the 

EPA’s implementing regulations under 

40 CFR part 2, subpart B. Based on the 

evaluation,15 we had proposed, and are 

now taking final action, to replace the 

requirement to report certain inputs to 

emission equations by 2015 with a 

requirement to enter these data into IVT. 

Although the final rule addresses 

potential disclosure concerns with 

respect to certain inputs by providing an 

alternative verification tool (i.e., IVT) 

instead of requiring reporting of these 

inputs, it does not include final 

confidentiality determinations for any 

equation input data required to be 

entered into IVT, nor has the EPA stated 

anywhere in the rulemaking record that 

such data are entitled to CBI protection. 

The EPA therefore has not concluded 

that any such data (inputs to emission 

equations) are entitled to CBI protection. 

Regarding the comments that 

expressed concern about the EPA’s 

ability to protect equation input data 

entered into IVT, the concern may have 

stemmed from a mistaken belief that the 

EPA will have possession of such data. 

That is not the case as explained in 

detail here, as well as in the response to 

comment immediately above, Section 

II.A of the preamble to the proposed 

rule (78 FR 55994, September 11, 2013), 

and the memorandum ‘‘Technical 

Approach and Design for Inputs 

Verification Tool,’’ August 2013 (refer to 

Docket ID No. EPA–HQ–OAR–2010– 


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63764 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 

16 40 CFR 98.3(h)(3) defines substantive error as 

an error that impacts the quantity of GHG emissions 

reported or otherwise prevents the reported data 

from being validated or verified. 40 CFR 98.3(h) 

states that once a substantive error is identified, an 

owner or operator shall, within 45 days of receipt 

of the notification, either resubmit the report that, 

for each identified substantive error, corrects the 

identified substantive error (in accordance with the 

applicable requirements of this part) or provide 

information demonstrating that the previously 

submitted report does not contain the identified 

substantive error or that the identified error is not 

a substantive error. 

0929). During the time period that a 

reporter is entering data (i.e., inputs to 

emissions equations) into IVT, the EPA 

will have no access to the data being 

entered. Further, when a reporter logs 

out of IVT, none of the data entered into 

IVT are retained in the EPA’s electronic 

systems. To address concerns about 

potential release of these data via the 

Internet, the EPA provides further 

clarifications regarding the security of 

IVT elsewhere in this section of the 

preamble. Given that the EPA will have 

no access to, nor possession of, data 

entered into IVT, such data will not be 

considered to be agency records as 

defined by the Freedom of Information 

Act or the Federal Records Act, and the 

EPA cannot conceive, and the 

commenters did not explain, which 

federal law would require the EPA to 

release information that it does not 

have. For the same reason, the EPA also 

rejects any suggestion that the Agency is 

legally required to protect or make 

confidentiality determinations for 

equation input data entered into IVT. 

The commenters have not identified any 

law or regulation that requires the EPA 

to protect data not in the EPA’s 

possession, nor do we believe that any 

such duty exists. For the reasons stated 

above, we disagree with the comments 

that the EPA must provide CBI 

protection to equation input data 

entered into IVT. 

With respect to the commenter’s 

inquiry on how records of equation 

input data entered into IVT, which are 

required to be kept on-site, are protected 

from public disclosure as a result of 

Agency review of records, we describe 

below the verification process, 

including follow-up on-site visits. As 

described below, we do not envision 

that an onsite review of records for 

purposes of verifying emissions 

reported using inputs that are entered 

into IVT would necessitate or typically 

involve collection of those records. 

Rather, visual inspections would likely 

suffice to determine whether or not a 

facility is in compliance. 

As described below, the EPA has 

developed a robust electronic 

verification and communication system 

in order to ensure high quality data are 

reported under the GHGRP, and the 

verification summaries from IVT will be 

integrated into that process. This 

electronic verification approach helps to 

minimize the need for on-site review 

which helps to reduce the burden and 

costs to the EPA and reporters. Likely 

scenarios under which a GHGRP 

inspection could occur due to 

information received from the IVT 

verification summaries are described 

below. As described below, none of 

these activities typically involve the 

EPA’s collection of the inputs entered 

into the IVT. 

As explained in the proposed rule, the 

first step of the verification process will 

include review of the verification 

summary generated by the IVT in 

conjunction with the results of the 

verification checks that are currently 

used on the annual report data. In the 

event that the EPA’s review results in 

remaining questions regarding data 

quality, the EPA plans to follow-up with 

the facility initially via email or phone 

to determine whether a reporting error 

has occurred. For example, if the EPA 

learns from the facility that the facility’s 

production doubled in a given year due 

to unusually high demand, the EPA may 

then understand the increase in 

emissions, certain out of range 

warnings, and determine that there is 

not a data quality issue. If the EPA is 

unable to resolve the issue via phone 

and email, an on-site visit may be 

needed. The EPA anticipates that these 

visits would likely include a review of 

the records required to be kept which, 

as mentioned above, include the record 

of the inputs to emission equations that 

were entered into IVT as well as an 

examination of the monitoring 

equipment. Depending on the results of 

the verification summary for a particular 

facility, the EPA envisions two general 

scenarios for these on-site visits. One 

scenario would be that the verification 

summary produced by IVT for a 

particular facility indicates that the 

reported emissions values matched the 

values calculated by IVT but other 

verification checks show that certain 

inputs are outside the EPA’s expected 

range(s). In that scenario, the EPA 

anticipates that if a site visit is needed, 

the site visit would focus on the 

accuracy of the inputs entered into IVT. 

To verify the accuracy of the inputs 

entered into IVT, the EPA would likely 

check whether data entered into IVT are 

consistent with other records required 

to be kept by the facility. For example, 

if an input to an equation is a monthly 

average of a value that is measured daily 

by a particular on-site monitor and the 

daily measured values are also required 

records, the EPA may confirm that the 

input entered into IVT is in fact the 

average of the daily values. In addition, 

the EPA may confirm that the on-site 

monitor meets the specifications 

prescribed in Part 98, such as 

calibration and accuracy specifications. 

If calibration and accuracy 

specifications do not comply with Part 

98 requirements, then a substantive 

error 16 would likely be identified, and 

the facility would need to resubmit their 

report. If the inputs at issue comport 

with the on-site records, then there 

would be no further action necessary by 

either the EPA or the reporter. As 

described above, because we envision 

that verification would be completed 

while on-site, we do not expect that 

there would be a need to collect inputs 

records. 

In the second scenario, an on-site visit 

that is conducted in a situation when 

the verification summary produced by 

IVT indicates a discrepancy between the 

reported emissions and the emission 

equation results calculated by IVT, the 

EPA anticipates that the visit would 

focus on determining the root cause of 

the discrepancy. The EPA would ask the 

facility to demonstrate how their 

emissions calculations yielded a result 

different from the one calculated 

through the use of IVT. The EPA expects 

that such discrepancy is likely a result 

of mathematical error(s), which would 

likely constitute a substantive error, and 

the facility would need to resubmit their 

report. 

In both of these scenarios, the EPA 

envisions that the discrepancies would 

be resolved on-site and that collecting 

the on-site records of inputs would not 

be necessary. Despite the above, we do 

not rule out the possibility that 

collection of certain records could be 

necessary under unique circumstances 

not contemplated above. However, the 

EPA does not know at this point what 

records would be removed, the specific 

circumstances under which they would 

be collected and the reasons for such 

collection, and therefore we cannot 

address at this time how such records 

would be treated. Should that occur, the 

EPA will treat the collected information 

according to applicable laws and 

regulations. 

Regarding the comments asserting 

that 40 CFR part 98 could potentially 

subject reporters to antitrust liability, 

the EPA reiterates that information 

entered into IVT is not reported to or 

collected by the EPA. As a result, it does 

not become an agency record and, 

therefore, it is not subject to Freedom of 


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17As mentioned above, there are 378 equation 

inputs for which reporting was deferred to 2015 and 

for which the EPA determined there are disclosure 

concerns, and 324 of these equation inputs must be 

entered into IVT. Fifty-four of the 378 equation 

inputs do not need to be entered into IVT because 

these equation inputs are redundant to other 

equations inputs being entered into IVT or are 

otherwise not needed for verification. 

Information Act or other required 

disclosures related to agency records. 

B. Removal of the Requirement To 

Report Certain Data Elements 

1. Summary of Final Amendments to 

Part 98 

The EPA is removing the requirement 

to report 396 data elements in the 23 

subparts listed in Table 2 of this 

preamble. Of these 396 data elements 

removed from reporting, 378 data 

elements are removed due to disclosure 

concerns and 18 data elements are 

removed because these data elements 

are redundant to other inputs being 

reported or are no longer useful to be 

reported to the EPA in the absence of 

other inputs to emission equations that 

will no longer be reported (refer to the 

discussion below for further 

explanation). Of the 378 data elements 

removed from reporting due to 

disclosure concerns, 324 data elements 

will be entered into IVT.17 We are 

finalizing the proposed amendments to 

remove reporting requirements and 

require entry of these data elements into 

IVT, with changes specified in Section 

II.B.2 of this preamble. 

Table 3 of this preamble provides a 

summary of the number of data 

elements removed from reporting for 

each subpart. Refer to Table 1 in the 

memorandum ‘‘Data Elements Deferred 

to March 31, 2015: Final List of ‘Inputs 

to Equations’ Data Elements Not To Be 

Reported,’’ September 2014, (refer to 

Docket ID No. EPA–HQ–OAR–2010– 

0929) for a list of these 396 data 

elements removed from reporting. 

TABLE 3—SUBPARTS FOR WHICH REPORTING REQUIREMENTS ARE REMOVED

Subpart 

Number of inputs 

to emission 

equations for 

which 

reporting was 

deferred to 2015 

(‘‘deferred inputs’’) 

Number of 

deferred inputs for 

which reporting is 

removed 

C—General Stationary Fuel Combustion—Stationary fuel combustion sources excluding sources that 

contain at least one combustion unit connected to a fuel-fired electric generator owned or operated 

by an entity that is subject to regulation of customer billing rates by the public utility commission (excluding generators connected to combustion units subject to 40 CFR part 98, subpart D) and that 

are located at a facility for which the sum of the nameplate capacities for all such electric generators 

is greater than or equal to 1 megawatt electric output a ......................................................................... b 26 b 26 

E—Adipic Acid Production ........................................................................................................................... 21 11 

F—Aluminum Production ............................................................................................................................. 29 29 

G—Ammonia Manufacturing ....................................................................................................................... 8 8 

H—Cement Production ................................................................................................................................ 16 14 

K—Ferroalloy Production ............................................................................................................................. 13 13 

N—Glass Production ................................................................................................................................... 3 3 

O—HCFC–22 Production and HFC–23 Destruction ................................................................................... 15 12 

P—Hydrogen Production ............................................................................................................................. 7 7 

Q—Iron and Steel Production ..................................................................................................................... 86 85 

R—Lead Production .................................................................................................................................... 10 10 

S—Lime Manufacturing ............................................................................................................................... 9 9 

U—Miscellaneous Uses of Carbonate ........................................................................................................ 6 6 

V—Nitric Acid Production ............................................................................................................................ 21 21 

X—Petrochemical Production ...................................................................................................................... c 19 c 19 

Y—Petroleum Refineries ............................................................................................................................. 75 70 

Z—Phosphoric Acid Production ................................................................................................................... 4 4 

AA—Pulp and Paper Manufacturing ........................................................................................................... 31 28 

BB—Silicon Carbide Production .................................................................................................................. 3 3 

CC—Soda Ash Manufacturing .................................................................................................................... 10 4 

EE—Titanium Dioxide Production ............................................................................................................... 2 2 

GG—Zinc Production ................................................................................................................................... 8 8 

TT—Industrial Waste Landfills ..................................................................................................................... 4 4 

aThese subpart C sources may elect to report inputs to emission equations rather than use IVT. Additionally, the reporting requirements are 

not amended for stationary fuel combustion sources that contain at least one combustion unit connected to a fuel-fired electric generator owned 

or operated by an entity that is subject to regulation of customer billing rates by the PUC (excluding generators connected to combustion units 

subject to 40 CFR part 98, subpart D) and that are located at a facility for which the sum of the nameplate capacities for all such electric generators is greater than or equal to 1 megawatt electric output. b Includes one deferred input to an emission equations, 40 CFR 98.3(d)(3)(v), which is specified in subpart A of part 98 and applies to only certain reporters under 40 CFR part 98, subpart C. cThere were 2 additional inputs to emission equations for which reporting was deferred to 2015; however, these two inputs are not reflected in 

this table because the inputs were removed from Part 98 by a previous rulemaking (78 FR 71904, November 29, 2013). 

The EPA is finalizing the proposed 

amendments to exclude from reporting 

18 deferred inputs to emission 

equations for which no disclosure 

concerns have been identified. As 

explained in the preamble to the 

proposed rule (78 FR 56005, September 

11, 2013), while posing no disclosure 

concerns, these data elements are 

redundant to other inputs being 

reported or are no longer useful to be 

reported in the absence of other inputs 

to emission equations that will no 

longer be reported; they are not needed 

to be reported to the EPA for data 

verification and they are also not 

helpful in informing future GHG policy 

development. For further information 


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63766 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 

on these 18 data elements, please see 

the memorandum ‘‘Data Elements 

Deferred to March 31, 2015: Final List 

of Data Elements Not To Be Reported,’’ 

September 2014 (refer to Docket ID No. 

EPA–HQ–OAR–2010–0929). 

For the remaining inputs to emission 

equations for which reporting was 

deferred to 2015 for the 23 subparts 

listed in Table 2 of this preamble, the 

EPA is not amending the reporting 

requirements because the EPA has not 

identified disclosure concerns 

associated with their public release, and 

reporting of these data elements remains 

useful to the EPA for data verification as 

well as for informing future GHG policy 

development. Deferral of reporting of 

these inputs to emission equations 

expires on March 31, 2015. As a result, 

by March 31, 2015, 151 inputs to 

emission equations must be reported for 

reporting year 2014 and all prior 

reporting years, except as described 

below for six inputs to emission 

equations in subpart W of part 98. These 

151 data inputs must also be reported in 

the annual report for all future reporting 

years, except as specified below for the 

six inputs to emission equations in 

subpart W. Refer to Section III.A.3 of the 

preamble to the proposed rule (78 FR 

56005, September 11, 2013) for further 

discussion about how 2010 through 

2014 data will be included in the 2014 

annual report. For a list of these 151 

deferred inputs to emission equations 

that will be reported, refer to Table 2 of 

the memorandum cited above. 

Additionally, to clarify which data 

elements must be reported for previous 

reporting years 2010 through 2013, the 

EPA is finalizing its proposed revision 

of Table A–7 of Part 98, ‘‘Data Elements 

That Are Inputs To Emission Equations 

And For Which The Reporting Deadline 

Is March 31, 2015’’, which includes 

these 151 inputs to emission equations 

that must be reported. 

For the purposes of reporting the 

subpart W inputs for reporting years 

2011 through 2014, the EPA plans to use 

a spreadsheet format that will be 

uploaded to e-GGRT. Recognizing the 

substantial amount of information that 

facilities will be entering into the 

spreadsheet, the EPA anticipates 

publishing the spreadsheet in October 

2014. This will allow facilities to begin 

data entry into the spreadsheet prior to 

the open reporting period. The 

spreadsheet can then be uploaded to eGGRT during the open reporting season. 

For subpart W, the EPA is finalizing 

the proposed decision to require subpart 

W facilities to report all inputs to 

emission equations for which reporting 

was deferred to 2015; however, in the 

final rule, in response to comment, the 

EPA is providing an option for reporters 

to delay reporting of six of these inputs 

to emission equations for two reporting 

years for specific situations related to 

two types of exploratory wells, 

delineation and wildcat wells (as 

defined in this final rule in 40 CFR 

98.238), starting with reporting year 

2013. 

2. Summary of Changes Since Proposal 

This section provides a brief summary 

of changes since proposal to the 

proposed requirement to use IVT. The 

EPA’s rationale for these changes is 

provided in Section II.A.3 as part of the 

EPA’s response to the related 

comment(s). 

The changes to the list of data 

elements removed from reporting and 

required to be entered into IVT are as 

follows: 

• The proposed amendments, specifically 

at 40 CFR 98.5(b), required that the inputs to 

emission equations for the calculation 

methods listed in the proposed Table A–8, 

‘‘Calculation Methods For Which Inputs To 

the Calculation Methods Must be Entered 

Into Verification Software Specified By the 

Administrator,’’ be entered into IVT. In the 

final rule, the EPA removed the proposed 

Table A–8 of part 98, replacing it with a new 

‘‘verification software records’’ provision in 

the recordkeeping section of each affected 

subpart, which lists for each subpart each 

equation input that must be entered into IVT. 

• The proposed amendments required that 

the data element in 40 CFR 98.196(b)(8) be 

entered into IVT. After proposal, we 

discovered that this data element is not an 

input to an emission equation. Further, it is 

no longer needed for verification because the 

proposed new data element (40 CFR 

98.196(b)(18)), which is being finalized in 

this action, will be sufficient for verification 

purposes. Therefore, in the final rule, we are 

removing the reporting requirement for this 

data element. 

• The proposed amendments did not 

require that the input to Equation F–4 be 

entered into IVT, because this input is not 

required to be reported under Part 98. Based 

on a suggestion from a commenter, in the 

final rule we are requiring that the input to 

Equation F–4 be entered into IVT. Although 

part 98 does not require reporting of this 

input, the commenter stated that this input 

should be entered into IVT, and we agree that 

it is needed for calculating and verifying 

emissions in subpart F. 

• The EPA is replacing eight reporting 

elements, which were incorrectly identified 

in the final deferral rulemaking (76 FR 53057, 

August 25, 2011) as inputs to Equations F– 

2 and F–3 and were, therefore, incorrectly 

proposed (78 FR 55994, September 11, 2013) 

to be entered into IVT (instead of the correct 

inputs to Equations F–2 and F–3). As a result 

of a comment received, the EPA discovered 

that it had previously misidentified eight 

data elements as inputs to Equations F–2 and 

F–3, mistakenly required and then deferred 

their reporting under part 98, and recently 

mistakenly proposed their entry into IVT. 

These misidentified data elements are annual 

values; whereas the inputs to these two 

equations are monthly values, which are not 

required to be reported under Part 98. In light 

of the error, the EPA is requiring in this final 

rule that the correct inputs (monthly values) 

for Equations F–2 and F–3 be entered into 

IVT. Further, given that the EPA had 

previously incorrectly required the reporting 

of these eight annual values as inputs to 

Equations F–2 and F–3, and given that the 

actual inputs (i.e., the monthly values) for 

Equations F–2 and F–3 will be entered into 

IVT, the EPA does not need these eight 

annual values for verification. The EPA is 

therefore finalizing the removal of reporting 

of these eight annual values for Equations F– 

2 and F–3. Refer to the EPA’s comment 

response document in Docket ID No. EPA– 

HQ–OAR–2010–0929 for further discussion 

of this comment supporting entry into IVT of 

monthly input data for Equations F–2 

through F–4 and the EPA’s response. 

• For a given sub-basin, in the following 

situations, the EPA is providing the option to 

delay for two reporting years the reporting of 

six data elements associated with delineation 

or wildcat wells starting in reporting year 

2013: 

—For gas well completions or workovers 

with hydraulic fracturing, where wildcat 

wells and/or delineation wells are the only 

wells in a sub-basin that can be used for 

the measurement; and 

—for onshore production storage tanks, 

where wildcat wells and/or delineation 

wells are the only wells in a sub-basin. 

These six data elements are: (1) Measured 

flow rate of backflow during well completion 

(40 CFR 98.236(c)(6)(i)(B)); (2) measured flow 

rate of backflow during well workover (40 

CFR 98.236 (c)(6)(i)(D)); (3) total number of 

days of backflow from all wells during 

completions (40 CFR 98.236 (c)(6)(i)(E)); (4) 

total number of days of backflow from all 

wells during workovers (40 CFR 98.236 

(c)(6)(i)(F)); (5) total volume of oil from all 

wellhead separators sent to tank(s) in barrels 

per year (40 CFR 98.236(c)(8)(i)(F)); and (6) 

total volume of sales oil from all wells in 

barrels per year (40 CFR 98.236(c)(8)(ii)(A)). 

For reporting years 2011 and 2012, the two 

year delay would still require reporting by 

March 31, 2015. As a result, there is no need 

to delay reporting for these two reporting 

years. Refer to Section II.B.3 of this preamble 

for the EPA’s rationale for this decision. If the 

2-year delay in reporting is used, the reporter 

must report the following information in the 

current reporting year: indicate for each 

delayed reporting element that one of the two 

situations listed above is true (e.g., for gas 

well completions or workovers with 

hydraulic fracturing, wildcat wells and/or 

delineation wells are the only wells in a subbasin that can be used for the measurement). 

In addition, when reporters report the 

delayed inputs to emission equations after 

the 2 year delay, they must also report the 

API well ID numbers for the applicable 

wildcat and/or delineation wells in the subbasin for which the reporting element was 

delayed. 

• For purposes of part 98, the EPA has 

added to 40 CFR 90.238 definitions of 


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‘‘delineation well’’ and ‘‘wildcat well.’’ 

‘‘Delineation well’’ is defined as a well 

drilled in order to determine the boundary of 

a field or producing reservoir. ‘‘Wildcat well’’ 

is defined as a well outside known fields or 

the first well drilled in an oil or gas field 

where no other oil and gas production exists. 

These definitions are consistent with the 

definitions of ‘‘delineation well’’ and 

‘‘wildcat well’’ in 40 CFR part 60, subpart 

OOOO. Refer to Section II.B.2 of this 

preamble for the EPA’s rationale for this 

decision. 

• The EPA has removed from reporting the 

inputs to emission equations in 40 CFR 

98.226(i), (j), (m)(4), (m)(5), and (p). These 

data must be entered into IVT, except for 40 

CFR 98.226(j). Refer to Section II.B.3 of this 

preamble for the EPA’s rationale for this 

decision. 

3. Summary of Comments and 

Responses 

This section summarizes the 

significant comments and responses 

related to the proposed amendments to 

remove reporting requirements and 

require entry of data into IVT. The 

EPA’s comment response document in 

Docket ID No. EPA–HQ–OAR–2010– 

0929 provides a complete listing of all 

comments related to this topic and the 

EPA’s responses. 

Comment: One commenter asserted 

that all 9 inputs to emission equations 

reported under 40 CFR 98.226(i), (j), 

(m)(4) and (5), and (p) would reveal 

process design, process performance, 

and operational efficiencies data 

regarding a nitric acid train. The 

commenter further noted that the EPA 

indicated in section 2.2 of its 

memorandum, ‘‘Evaluation of 

Competitive Harm from Disclosure of 

‘Inputs to Equations’ Data Elements 

Deferred to March 31, 2015,’’ August 

2013 (refer to Docket ID No. EPA–HQ– 

OAR–2010–0929), that these types of 

data could be used to determine facility 

operational conditions and would, 

therefore, have disclosure concerns. 

Response: In the EPA’s proposed 

harm analysis cited above in the 

comment summary, the EPA stated that 

the 9 inputs to emission equations 

reported under 40 CFR 98.226(i), (j), 

(m)(4) and (5), and (p) would not reveal 

any proprietary information about cost 

to do business, raw material usage, 

production, or facility or process 

performance, design, and operation, as 

long as the emission factors required to 

be reported in 40 CFR 98.226(m)(1) are 

not reported. As a result of this 

comment, the EPA further investigated 

the operational conditions at current 

nitric acid facilities, and considered the 

specific case when there are nitric acid 

facilities that have non-operational 

nitric acid trains and others that are in 

the process of installing or upgrading 

NOX control devices, some of which can 

also serve as N2O abatement (i.e., nonselective catalytic reduction). In light of 

this, the data reported under 40 CFR 

98.226(i), (j), (m)(4), (m)(5), and (p), if 

reported over a multiple-year period 

where facilities are making changes to 

the operational status of their trains 

and/or abatement systems, could be 

used to determine train-specific 

conditions at the facility, such as 

efficiency losses, equipment 

degradation, changes in nitric acid 

demand, and/or the installation of N2O 

abatement technology. As a result, the 

EPA agrees with the commenter that the 

deferred inputs to emission equations 

reported under 40 CFR 98.226(i), (j), 

(m)(4), (m)(5), and (p) (destruction 

efficiency and fraction control factor of 

the abatement technology, abatement 

utilization factor, and nitrous oxide 

(N2O) concentration and volumetric 

flow rate per test run during 

performance test of each train) would 

reveal information about process design, 

process performance, and operational 

efficiencies of a nitric acid train, 

regardless of whether the emission 

factors required to be reported in 40 

CFR 98.226(m)(1) are not reported. 

Therefore, the EPA has concluded that 

these data have disclosure concerns, 

and the EPA is removing these data 

from the reporting requirements in the 

final rule. Reporters will be required to 

enter these data into IVT, except 40 CFR 

98.226(j), which is not needed to be 

entered into IVT for verification 

purposes because IVT generates this 

value using the inputs entered into 

Equation V–2 and Equation V–2. 

Comment: One commenter expressed 

concern about reporting information on 

exploratory wells in Subpart W, 

especially when the wells are located in 

step-out areas where no prior reporting 

exists for a given sub-basin (including 

vertical or horizontal wells). The 

commenter explained that the problem 

occurs when an exploratory well is the 

sole well in a sub-basin (including 

vertical or horizontal wells) and is not 

reported in combination with other 

wells, thereby shielding any individual 

well’s contribution. The commenter 

noted that its concerns are related to the 

timing of releasing the information to 

the public, as the commenter stated that 

the information is most sensitive if it is 

made available too early during the 

exploration or initial development 

stages. The commenter stated that the 

success of a well in exploratory areas 

could be inferred if detailed data are 

provided to the public too soon during 

the exploration and assessment period. 

The commenter provided an example of 

such an occurrence: An exploratory well 

completed in December of the reporting 

year, data reported to the EPA by end 

of March of the following year and then 

released by the EPA to the public within 

a few months during the same year. The 

commenter stated that early release of 

data regarding operating characteristics 

of such wells, including postflowback 

flaring/venting volumes, could cause 

competitive harm if made publicly 

available too early. 

The commenter noted that Federal 

law and State codes allow companies to 

designate as confidential the data 

obtained from exploratory wells, 

especially in new discovery areas or 

areas that are being explored for 

development. The commenter further 

noted that the original intent of State oil 

and gas commissions to allow 

withholding of select drilling and 

production information from early 

release to the public was to allow 

competitive exploration by searching for 

new pockets of oil or gas and 

experimenting with new tools and 

techniques. The commenter stated that 

releasing data on such wells through the 

GHGRP—despite the fact that they are 

held confidential by other regulatory 

bodies—could cause substantial 

competitive harm and lead to a loss of 

investment value. The commenter 

explained that competitive harm could 

occur if the public could obtain detailed 

high-resolution operational information 

on a well-by-well basis and on a daily 

or weekly basis. 

The commenter requested that the 

EPA categorically determine that all 

information associated with exploratory 

wells, with the exception of well ID and 

location, be classified as CBI for a 

period of at least 24 months from the 

start of exploration. The commenter 

recommended either of two suggested 

approaches under the GHGRP: (1) 

Companies would report all data to the 

EPA as mandated by subpart W, but the 

EPA would hold the reported data as 

CBI and not include it in its public data 

release for at least 24 months (this could 

be accomplished by a flagging system 

(or a ‘‘radio button’’) in e-GGRT that 

could also allow for a short informative 

text on why that particular well 

information is to be maintained 

confidential); or (2) the EPA could set 

up a deferral system where initial data 

on exploratory wells will be well ID and 

location information and the remaining 

data would be backfilled by companies 

after a period of 24 months. The 

commenter added that neither option 

would require case-by-case review of 

companies’ information, and both are 

consistent with the approach taken by 

state oil and gas commissions and are 


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protective of companies’ commercial 

investment interests. 

Response: The EPA reviewed the 

types of data identified by the 

commenter as having disclosure 

concerns for exploratory wells: ‘‘data 

regarding operating characteristics . . . 

including post-flowback flaring/venting 

volumes.’’ In our proposed 

memorandum ‘‘Evaluation of 

Competitive Harm from Disclosure of 

‘Inputs to Equations’ Data Elements 

Deferred to March 31, 2015,’’ August 

2013 (refer to Docket ID No. EPA–HQ– 

OAR–2010–0929), the EPA stated 

regarding exploratory wells, that 

because onshore production data are 

reported under the GHGRP at a subbasin level, as defined by county 

boundaries, the data are aggregated to a 

large enough scale that disclosure of the 

data collected under subpart W would 

not reveal any proprietary information 

about the facility or cost to do business. 

After further investigation in response 

to the comment received, and review of 

the state laws protecting these types of 

data, the EPA has determined that, in 

the following situations which were not 

specifically considered in the proposed 

rule, early public disclosure of certain 

deferred inputs to emission equations 

associated with wildcat wells and/or 

delineation wells could reveal the well 

productivity, thereby resulting in the 

loss of investment value: 

• For gas well completions or workovers 

with hydraulic fracturing, where wildcat 

wells and/or delineation wells are the only 

wells in a sub-basin that can be used for the 

measurement; and 

• For onshore production storage tanks, 

where wildcat wells and/or delineation wells 

are the only wells in a sub-basin. 

The inputs to emission equations (for 

which reporting was deferred to 2015) 

that could reveal well productivity for 

wildcat and/or delineation wells in the 

applicable situations listed above are as 

follows: 

• For gas well completions or workovers 

with hydraulic fracturing, the measured flow 

rate of backflow during well completion (40 

CFR 98.236(c)(6)(i)(B)); 

• For gas well completions or workovers 

with hydraulic fracturing, the measured flow 

rate of backflow during well workover (40 

CFR 98.236(c)(6)(i)(D)); 

• For gas well completions or workovers 

with hydraulic fracturing, the total number of 

days of backflow from all wells during 

completions (40 CFR 98.236(c)(6)(i)(E)); 

• For gas well completions or workovers 

with hydraulic fracturing, the total number of 

days of backflow from all wells during 

workovers (40 CFR 98.236(c)(6)(i)(F)); 

• For onshore production storage tanks, 

the total volume of oil from all wellhead 

separators with wellhead gas-liquid separator 

oil throughput greater than or equal to 10 

barrels per day sent to tank(s) in barrels per 

year (40 CFR 98.236(c)(8)(i)(F)); and 

• For onshore production storage tanks, 

the total volume of sales oil from all wells 

with oil production greater than or equal to 

10 barrels/day in barrels per year (40 CFR 

98.236(c)(8)(ii)(A)). 

These six inputs to emission 

equations data elements are themselves 

a small subset of the inputs to emission 

equations data elements (for which 

reporting was deferred to 2015) 

collected in subpart W, as there are 90 

such inputs to emission equations in 

subpart W. Further, wildcat and 

delineation wells represent a relatively 

small percentage of the wells being 

reported under the GHGRP for these 

data elements. As such, in the interim 

period before these data are reported to 

the EPA, the EPA will be able to verify 

the majority of the emissions using the 

inputs to equations that will be reported 

to the EPA. For the six inputs to 

emission equations that may be delayed 

for 2 years, the EPA will verify 

emissions using other data reported to 

the EPA, and will conclude verification 

upon receipt of the data. The EPA agrees 

with the commenter that a 2-year delay 

of reporting is sufficient to prevent early 

public disclosure of these data and will 

provide sufficient time for the reporter 

to thoroughly conduct an assessment of 

the well. Given the results of this 

evaluation, the EPA determined that, for 

these six inputs to emission equations, 

in those cases where a reporter has 

wildcat wells or delineation wells in a 

sub-basin and these wells meet one of 

the two situations described above, 

reporters should be provided an option 

to delay reporting of the given input for 

two reporting years starting in reporting 

year 2013. There is no early public 

disclosure concern for these inputs for 

reporting years 2011 and 2012 because 

2 years would already have passed 

before they are to be reported in March 

31, 2015. As a result, there is no need 

to delay reporting for these two 

reporting years. For reporting years 2013 

and thereafter, this delay will prevent 

early public disclosure of information 

regarding well productivity. In such 

cases, if the 2-year delay in reporting is 

used, the reporter must report the 

following information in the current 

reporting year: indicate for each delayed 

reporting element that one of the two 

situations listed above is true (e.g., for 

gas well completions or workovers with 

hydraulic fracturing, wildcat wells and/ 

or delineation wells are the only wells 

in a sub-basin that can be used for the 

measurement). In addition, when 

reporters report the delayed inputs to 

emission equations after the 2 year 

delay, they must also report the API 

well ID numbers for the applicable 

wildcat and/or delineation wells in the 

sub-basin for which the reporting 

element was delayed. 

The EPA also determined that 

additional definitions are necessary in 

order to clarify and specify the types of 

exploratory wells (delineation and 

wildcat wells) covered by the 2-year 

delay of reporting option. The EPA is 

adopting the terms and definitions used 

to describe delineation wells and 

wildcat wells in the new source 

performance standards for the oil and 

gas sector under 40 CFR part 60, subpart 

OOOO, as reporters under 40 CFR part 

98, subpart W are also complying with 

40 CFR part 60, subpart OOOO 

requirements. To minimize confusion 

for reporters and be consistent with 40 

CFR part 60, subpart OOOO, the final 

rule includes the terms and definitions 

of a ‘‘delineation well’’ and ‘‘wildcat 

well,’’ as used in 40 CFR part 60, 

subpart OOOO. ‘‘Delineation well’’ is 

defined as a well drilled in order to 

determine the boundary of a field or 

producing reservoir. ‘‘Wildcat well’’ is 

defined as a well outside known fields 

or the first well drilled in an oil or gas 

field where no other oil and gas 

production exists. 

C. Revision of Recordkeeping 

Requirements for Facilities Required To 

Use IVT 

1. Summary of Final Amendments to 

Part 98 

The EPA is finalizing the proposed 

revisions to recordkeeping requirements 

for facilities required to use IVT. For 

each facility required to use IVT, the 

facility is required to retain all records 

starting with records for reporting year 

2010, including records for subparts not 

subject to using IVT, for 5 years, rather 

than the 3-year record retention period 

required for non-IVT users. In other 

words, if any facility subject to using 

IVT is also subject to a subpart of Part 

98 not listed in Table 2 of this preamble, 

the facility is required to maintain the 

records required for those other subparts 

for 5 years. Facilities subject to IVT are 

also required to maintain a record of all 

inputs to emission equations entered 

into IVT, in the format provided by IVT. 

At the time the reporter completes entry 

of data into IVT, the facility is required 

to download from IVT a file that lists 

the entered data and maintain a copy of 

the file as a record of the entered inputs. 

As specified in 40 CFR 98.3(g), subpart 

A, this file may be maintained in 

electronic or hard copy format. Refer to 

Sections II.C and III.B of the proposal 

preamble (78 FR 55994, September 11, 

2013) for further discussion of these 


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amendments to the Part 98 

recordkeeping requirements being 

finalized in this action. 

The EPA has added a new 

‘‘verification software records’’ 

provision to the recordkeeping section 

of each subpart listed in Table 2 of this 

preamble to list all inputs to emission 

equations required to be entered into 

IVT. As mentioned above, a list of the 

entered inputs must be downloaded 

from IVT and maintained as records. 

We are also revising an error in 40 

CFR 98.3(g), as proposed. As discussed 

in Section III.B of the proposal preamble 

(78 FR 55994, September 11, 2013), in 

a previous action amending this 

paragraph (76 FR 73866, November 29, 

2011), our intention was to amend the 

second sentence of the paragraph 

regarding record retention duration; 

however, the third sentence regarding 

record format was inadvertently 

amended. As a result, as proposed, we 

are removing the second sentence of 40 

CFR 98.3(g) and reinstating the previous 

third sentence of 40 CFR 98.3(g) 

(regarding format of records). Refer to 

Section II.B of this preamble for further 

discussion of this new provision. 

2. Summary of Changes Since Proposal 

The EPA is making no changes to the 

proposed revisions to recordkeeping 

requirements for IVT users. To clarify 

which data are entered into IVT and 

must be kept as records (i.e., the data 

included in the file generated by IVT to 

be maintained as a record), the EPA is 

adding a ‘‘verification software records’’ 

provision to the recordkeeping section 

of each subpart specified in Table 2 of 

this preamble. Each ‘‘verification 

software records’’ provision lists the 

inputs to equations required to be 

entered into IVT and required to be 

maintained as a record. 

3. Summary of Comments and 

Responses 

This section summarizes the 

significant comments and responses 

related to the proposed amendments to 

the recordkeeping requirements for IVT 

users. The EPA’s comment response 

document in Docket ID No. EPA–HQ– 

OAR–2010–0929 provides a complete 

listing of all comments and responses 

related to this topic. 

Comment: Three commenters 

supported the EPA’s extension of the 

records retention period. Eight 

commenters opposed the EPA’s 

proposal to extend the record retention 

time from 3 to 5 years. Five of the eight 

commenters indicated that this 

proposed requirement would add 

significantly more burden to owners 

with multiple reporting facilities, where 

some facilities would be subject to a 3- 

year record retention schedule and some 

of which would be subject to a 5-year 

record retention period. Three of these 

commenters presented this argument in 

the context of landfills, where one 

owner would have multiple landfills, 

and only certain of the landfills would 

be subject to using IVT due to being 

subject to subpart C. One of the five 

commenters explained that owners of 

multiple facilities in remote locations 

(e.g., offshore production platforms, 

compressor stations, fuel supply 

terminals) rely on data centers and 

centralized archiving procedures to 

maintain accurate records and back-up 

documentation for demonstrating 

compliance for some records. The 

commenter provided one example of a 

scenario where an owner of multiple 

facilities subject to subparts C, W, and 

NN would be subject to use of IVT due 

to subpart C. The commenter indicated 

that this requirement would create 

confusion by requiring that data 

maintained in the central data centers 

be organized according to two different 

record retention periods. Additionally, 

the commenter asserted, for a given 

reporter (e.g., gas processing plant 

subject to subparts C and W), some 

records are maintained on site and other 

are maintained in a central data 

exchange. The commenter added that 

the requirement to keep records 

according to two different retention 

periods would substantially increase the 

volume of records required. Another 

commenter also pointed out the 

increased confusion associated with 

maintaining records for multiple record 

duration periods. 

Two commenters contended that this 

revision conflicts with the justification 

the EPA previously made for requiring 

3 years in the 2009 promulgated GHGRP 

rule, citing that the EPA determined it 

was sufficient time to audit and review, 

reduces recordkeeping burden, and is 

consistent with recordkeeping 

requirements in other Federal programs. 

Two of the commenters stated that the 

EPA did not provide sufficient 

justification for extending the record 

retention time. Two of the commenters 

disagreed with the EPA’s rationale that 

the extra time is needed for follow-up 

with reporters because IVT would 

generate an immediate flag on a realtime basis of any input errors and 

follow-up could be immediate. One of 

these commenters further disagreed 

with the EPA’s rationale that the extra 

time would allow the EPA inspectors 

time for appropriate assessment of 

compliance, because the EPA could 

accomplish this with timely inspections 

that do not need the extra time. 

One commenter expressed concern 

that the proposed extra retention time 

would be an unfair burden because it 

only applies to those sources using IVT 

and not all sources. The commenter 

added that sources using IVT would be 

unfairly subjected to potential 

additional fines and penalties for 

noncompliance for an extra 2 years, 

while other sources would not be 

subject to this noncompliance issue. 

The commenter concluded that 

requiring the verification IVT users to 

retain information longer would lead to 

unjustified prejudices against these 

source categories. 

Six of the eight commenters that 

opposed the EPA’s proposal to extend 

the record retention time from 3 to 5 

years also opposed the EPA’s proposal 

that this 5-year record retention 

requirement for IVT users be extended 

to all subparts applicable to a reporter. 

The six commenters opposed this 

additional requirement for the same 

reasons they opposed the 5-year 

retention period. 

Response: The EPA is finalizing in 

this action this proposed amendment to 

recordkeeping requirements for IVT 

users as part of the alternative 

verification approach included in these 

amendments. As previously stated in 

the proposal preamble (September 11, 

2013, 78 FR 55994), the EPA considered 

whether the current record retention 

period and record format requirements 

would be sufficient to allow the EPA to 

perform data verification under this 

alternative verification approach. We 

considered: 

• The time we would need to follow up 

with reporters to further verify reported GHG 

emissions. 

• The desirability of retaining multiple 

years of data records to allow for appropriate 

assessment of compliance and for analyses of 

trends for policy analysis purposes. 

• The format of records, and whether the 

current format would be adequate for our 

verification process. For example, we 

considered whether records of inputs to 

emission equations (for which reporting was 

deferred to 2015) contained in multiple 

separate documents (as currently allowed 

under Part 98) would allow an EPA inspector 

to efficiently analyze the consistency of the 

data elements and use the data elements to 

perform calculations to confirm reported 

GHG emissions. 

This revision to the recordkeeping 

timeframe is part of the new verification 

approach using IVT that is being 

finalized today. Given the large number 

of reporters under the subparts 

identified in Table 2 of this preamble 

(over 2,000 facilities) and the likely 

increase in follow-up activities under 


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the new approach, it is important that 

relevant records are available to the EPA 

for follow-up activities with facilities, 

including on-site audits if necessary, 

regarding potential errors, 

discrepancies, or questions. When an 

EPA employee visits a facility, it is 

important that the employee be able to 

examine not only the current year’s 

records but those from previous years as 

well, because previous years’ data will 

provide year-to-year comparisons, 

which are useful for verifying the 

current year’s data. A 5-year record 

retention period ensures the availability 

of relevant records for the follow-up 

activities described above. 

Regarding the general comment that 

this proposed 5-year record retention 

requirement would add significantly 

more burden to owners with multiple 

reporting facilities, the EPA disagrees 

with this assertion. Given that reporters 

are already required to maintain records 

for 3 years, the reporter is not required 

to do anything more than keep the 

records for an additional 2 years. Only 

one commenter provided a description 

of the additional burden for these types 

of owners. The commenter referred to a 

scenario where one parent company has 

multiple facilities subject to different 

combinations of subparts NN, C, and W 

(where some facilities are in remote 

locations, such as offshore production 

platforms, compressor stations, and fuel 

supply terminals). As such, the parent 

company is subject to both a 3-year 

record duration for some facilities and 

a 5-year record duration for other 

facilities. The commenter described the 

burden as being associated with the 

need for their records that are 

maintained in their central data centers 

to be organized according to two 

different record retention periods. 

However, the commenter did not 

provide any additional information or 

data to support their claim that the 

increased burden associated with this 

scenario would be significant, and the 

EPA does not understand how saving 

data electronically for an additional 2 

years would require significant 

additional burden. The EPA received no 

comments on its proposed impacts 

analysis, which concluded that there is 

no additional burden imposed on 

keeping records for 2 additional years 

(refer to Section V of the proposal 

preamble, September 11, 2013, 78 FR 

55994). Lastly, if a parent company does 

not want to maintain some facilities’ 

records for 3 years and others for 5 

years, there is nothing in this 

rulemaking that prevents owners from 

maintaining all records for a period of 

5 years. 

Regarding the comment that this 5- 

year record duration requirement 

conflicts with the EPA’s justification in 

the 2009 promulgated GHGRP rule that 

the 3-year duration is adequate, the 

EPA’s rationales for extending the 

recordkeeping period under the new 

verification approach using IVT do not 

conflict with the previous justification 

for the 3-year recordkeeping 

requirement in the 2009 rulemaking 

because the 2009 GHGRP rule (74 FR 

56260) did not include the alternative 

verification approach being finalized 

today. Since the IVT approach was not 

part of the 2009 rulemaking, the 

previous consideration did not take into 

account this new approach that is being 

finalized today. Further, at the time the 

previous justification was made, not 

only was there no IVT approach, the 

inputs to equations, which were 

necessary for verifying emissions under 

the 2009 rule, were required to be 

reported timely with the annual reports. 

In light of the subsequent changes to the 

verification approach and input 

reporting, it is unreasonable to suggest 

that the previous justification for a 3- 

year recordkeeping period still applies. 

The commenter did not identify or 

explain any deficiency in the EPA’s 

rationales for extending the record 

keeping period to accommodate the IVT 

approach. 

Regarding the comment that this 5- 

year record duration requirement is 

inconsistent with recordkeeping 

requirements in other Federal programs, 

the other Federal programs referred to 

by the commenter (i.e., Department of 

Energy (DOE) and Acid Rain Program 

(ARP)) are not using the alternative 

verification approach associated with 

this action. As such, comparison to DOE 

or ARP reporting programs is not 

appropriate. The EPA also notes that the 

EPA’s National Emission Standards for 

Hazardous Air Pollutants require 5-year 

record retention (see 40 CFR 63.10(b)). 

Regarding the comment that the EPA 

does not need extra time to allow for 

follow-up with reporters because IVT 

would generate an immediate flag on a 

real-time basis of any input errors and 

follow-up could be immediate, based on 

its experience with data verification for 

reporting years 2010 through 2012, the 

EPA anticipates situations where the 

verification summary will indicate 

discrepancies between reported GHG 

emissions and the GHG emission 

equation results calculated by IVT as 

well as other verification results that 

will require further attention. In certain 

situations, the EPA will need additional 

time to follow up with these reporters 

to resolve discrepancies, as further 

described above. 

Regarding the comment that the EPA 

does not need extra time because the 

EPA could accomplish this alternative 

verification approach with ‘‘timely 

inspections,’’ as further described 

above, the EPA anticipates more direct 

follow-up activities under the 

alternative verification approach 

associated with this action. Given the 

large number of sources reporting to the 

GHGRP and limited resources, any 

direct follow-up with facilities would be 

more effective with the ability to access 

5 years of data. 

In response to the comment that the 

proposed extra retention time would be 

an unfair burden because certain 

sources would be unfairly subjected to 

potential additional fines and penalties 

for noncompliance for an extra 2 years, 

it is important to note that different 

facilities within the Greenhouse Gas 

Reporting Program are subject to 

different verifications approaches 

(reporting inputs to emissions equations 

versus using IVT). Different verification 

approaches necessitate different 

reporting and record keeping 

requirements to ensure the success of 

the individual verification approach. 

Further, we do not believe that the 5- 

year record retention period is complex 

or otherwise difficult or burdensome to 

implement; if a facility uses IVT, it must 

keep all of its record for 5 years. Given 

that a reporter is already required to 

maintain records for 3 years, this 5-year 

recordkeeping requirement does not 

require any action beyond keeping these 

records for an additional 2 years. In any 

event, the commenters did not provide 

any information to support the claim 

that 2 additional years of record 

maintenance would somehow trigger 

additional fines and penalties. Further, 

the commenter provided no comment 

on the EPA’s proposed impacts analysis, 

which concluded that there is no 

additional burden imposed on keeping 

records for 2 additional years (refer to 

Section V of the proposal preamble, 

September 11, 2013, 78 FR 55994). 

Regarding the comments opposing 

extending the 5-year record retention 

requirement to all subparts for IVT 

users, the EPA proposed this provision 

because during a site visit, if questions 

arise regarding the accuracy of equation 

inputs entered into IVT, it may be 

necessary to examine other 

recordkeeping information not entered 

into IVT, such as a monitoring plan or 

recordkeeping information in a different 

subpart, in order to fully investigate the 

accuracy of the data at issue. For 

example, a lime production facility with 

natural gas-fired kilns may report 

combustion emissions under subpart C, 

CO2 process emissions from lime kilns 


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under subpart S, and CO2 supply under 

subpart PP. As part of the site visit, the 

EPA may check for inconsistencies in 

the quantities of CO2 collected and 

transferred off site (reported under 

subpart PP) compared with the CO2

process emissions reported under 

subpart S. Specifically, if a facility 

reported collecting 32,000 metric tons 

under subpart PP but reported 

generating only 30,000 metric tons of 

CO2 in their lime kilns, then the EPA 

may need to check the records and 

review the monitoring plan for both 

subpart S and PP to determine why this 

inconsistency occurred. If this facility 

also elected to report the natural gas 

combusted (i.e., the facility elects not to 

use IVT for subpart C), then the EPA 

would also use the fuel quantity data to 

check for unexpected inconsistencies in 

the subpart S data using parameters 

such as the ratio of CO2 emissions to 

fuel consumption and looking for 

significant changes in such parameters 

when compared to data from previous 

years. As part of this process, the EPA 

may examine the monitoring plan 

associated with all of the subparts 

reported by this facility to ensure that 

the correct monitoring was conducted 

by the facility. In this example, if 

facilities were allowed to retain records 

for only 3 years for subparts for which 

IVT was not used, the EPA’s verification 

and compliance activities would be 

impacted by incomplete records for 

subparts C and PP when compared with 

subpart S. As the above example 

illustrates, records necessary to verify 

data submitted by a facility using IVT 

may include that facility’s data from 

subparts not subject to IVT. It is 

therefore necessary to ensure that all 

data necessary for verification are 

available, and this 5-year record 

retention period requirement will 

provide assurance of on-site data 

availability. The EPA received no 

additional rationale opposing this 

provision beyond the rationales 

presented against the 5-year record 

duration requirement. The EPA received 

no details to contradict the EPA’s 

proposed impacts analysis, which 

concluded that this proposed 

requirement would impose no 

additional burden (refer to Section V of 

the proposal preamble, September 11, 

2013, 78 FR 55994). As such, the EPA 

is finalizing the proposed requirement 

for IVT users to maintain records for all 

subparts for a period of 5 years. 

Comment: One commenter suggested 

that the recordkeeping section of each 

subpart be modified to clearly specify 

which records related to IVT must be 

maintained. The commenter argued that 

e-GGRT is a reporting tool, but not a 

regulation, such that it would not be 

appropriate for IVT to dictate which 

records must be maintained. 

Response: The EPA had requested 

comment on whether additional 

specificity within the recordkeeping 

requirements of each subpart would 

improve the clarity of the specific 

records that are required to be retained. 

After considering the commenter’s 

request, the EPA agrees with the 

recommendation to specify each record 

that reporters must maintain. In the 

final rule, each subpart listed in Table 

2 of this preamble includes, in the 

recordkeeping section, a new 

‘‘verification software records’’ 

provision that specifies each data 

element in that subpart that must be 

entered into IVT and maintained as a 

record. 

D. Addition of Reporting Requirements 

for Certain Facilities Required To Use 

IVT 

1. Summary of Final Amendments to 

Part 98 

The EPA is finalizing the proposed 

addition of new reporting requirements 

for facilities required to use IVT for 

subparts E, G, H, P, Q, S, V, X, and AA 

of part 98, with changes to the proposed 

amendments for subparts E, V, Y, and 

AA, as discussed in Section II.D.2 of 

this preamble. The final list of new data 

elements being added in this action is 

in Table 4 of this preamble. 

TABLE 4—NEW DATA ELEMENTS BEING FINALIZED IN TODAY’S ACTION FOR SUBPARTS E, G, H, P, Q, S, V, X, AND AA 

OF PART 98 

Subpart Subpart name New data element description 

E .................................... Adipic Acid Production ..................................... If only cyclohexane is oxidized to produce adipic acid: the annual 

quantity of cyclohexane (tons) used to produce adipic acid. If materials other than cyclohexane are oxidized to produce adipic acid: 

the annual quantity of cyclohexanone and cyclohexanol mixture 

(metric tons) used to produce adipic acid. 

Annual percent nitrous oxide (N2O) emission reduction for all production units combined. 

G .................................... Ammonia Production ........................................ Annual ammonia production (metric tons, sum of all process units reported within subpart G). 

Annual methanol production (metric tons) for each process unit. 

H .................................... Cement Production .......................................... Annual clinker production (metric tons). 

Annual average clinker carbon dioxide (CO2) emission factor for the 

facility, averaged across all kilns (metric tons CO2/metric ton clinker produced). 

Annual average cement kiln dust (CKD) CO2 emission factor for the 

facility, averaged across all kilns (metric tons CO2/metric ton CKD 

produced). 

P .................................... Hydrogen Production ....................................... Name and annual quantity (metric tons) of each carbon-containing 

fuel and feedstock. 

Annual methanol production (metric tons) for each process unit. 


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TABLE 4—NEW DATA ELEMENTS BEING FINALIZED IN TODAY’S ACTION FOR SUBPARTS E, G, H, P, Q, S, V, X, AND AA 

OF PART 98—Continued 

Subpart Subpart name New data element description 

Q .................................... Iron and Steel Production ................................ If you use the carbon mass balance method in 40 CFR 98.173(b)(1) 

to determine CO2 emissions: The annual mass (metric tons) of all 

gaseous, liquid, and solid fuels (combined) used in process units 

specified in Equations Q–1 through Q–7 of subpart Q, calculated 

as specified in Equation Q–9 of subpart Q being finalized in this 

action. Do not include fuel used in a stationary combustion unit 

where emissions are reported under subpart C. 

If you use the carbon mass balance method in 40 CFR 98.173(b)(1) 

to determine CO2 emissions: The annual mass (metric tons) of all 

non-fuel material inputs (combined) specified in Equations Q–1 

through Q–7 of subpart Q, calculated as specified in Equation Q– 

10 of subpart Q being finalized in this action. 

If you use the carbon mass balance method in 40 CFR 98.173(b)(1) 

to determine CO2 emissions: The annual mass (metric tons) of all 

solid and liquid products and byproducts (combined) specified in 

Equations Q–1 through Q–7 of subpart Q, calculated as specified 

in Equation Q–11 of subpart Q being finalized in this action. 

If you use the carbon mass balance method in 40 CFR 98.173(b)(1) 

to determine CO2 emissions: The weighted average carbon content of all gaseous, liquid, and solid fuels (combined) included in 

Equation Q–9 of subpart Q being finalized in this action, calculated 

as specified in Equation Q–12 of subpart Q being finalized in this 

action. 

If you use the carbon mass balance method in 40 CFR 98.173(b)(1) 

to determine CO2 emissions: The weighted average carbon content of all non-fuel inputs to all furnaces (combined) included in 

Equation Q–10 of subpart Q being finalized in this action, calculated as specified in Equation Q–13 of subpart Q being finalized 

in this action. 

If you use the carbon mass balance method in 40 CFR 98.173(b)(1) 

to determine CO2 emissions: The weighted average carbon content of all solid and liquid products and byproducts from all furnaces (combined) included in Equation Q–11 of subpart Q being finalized in this action, calculated as specified in Equation Q–14 of 

subpart Q being finalized in this action. 

S .................................... Lime Manufacturing ......................................... Annual quantity (tons) of lime product sold, by type. 

V .................................... Nitric Acid Production ...................................... Annual percent N2O emission reduction for all nitric acid trains combined. 

X .................................... Petrochemical Production ................................ If using the CEMS method to calculate GHG emissions: Name and 

annual quantity (in metric tons) of each product. If using the mass 

balance method to calculate GHG emissions: Name and annual 

quantity (in metric tons) of each product used in Equations X–1, 

X–2, and X–3 of subpart X. 

If using the CEMS method to calculate GHG emissions: Name and 

annual quantity (in metric tons) of each carbon-containing feedstock. If using the mass balance method to calculate GHG emissions: Name and annual quantity (in metric tons) of each carboncontaining feedstock used in Equations X–1, X–2, and X–3 of subpart X. 

AA .................................. Pulp and Paper Manufacturing ........................ For each pulp mill lime kiln: Quantity of calcium oxide (CaO) produced (metric tons). 

For each pulp mill lime kiln: Percentage of annual heat input, individually for each fossil fuel type. 

The EPA is also adding six new 

equations (Equations Q–9 through Q–14 

of part 98) to subpart Q, as proposed, to 

specify how to calculate and report each 

of the six new data elements added to 

subpart Q in this action. Final 

confidentiality determinations for the 

data elements specified in Table 4 are 

presented in Section III of this 

preamble. 

2. Summary of Changes Since Proposal 

This section provides a brief summary 

of changes since proposal. The EPA’s 

rationale for these changes is provided 

in Section II.D.3 of this preamble as part 

of the EPA’s response to the related 

comment(s). In cases where the EPA is 

making a change that was not related to 

a public comment, a summary of the 

rationale is included in this section. 

The changes to the proposed addition 

of new reporting requirements for 

facilities required to use IVT are as 

follows: 

• In the final rule, the new data element 

for subpart E, 40 CFR 98.56(m), specifies that 

if only cyclohexane is oxidized to produce 

adipic acid, the reporter must report the 

annual quantity of cyclohexane used to 

produce adipic acid; otherwise, if materials 

other than cyclohexane are oxidized to 

produce adipic acid, the reporter must report 

the annual quantity of cyclohexanone and 

cyclohexanol mixture used to produce adipic 

acid. Refer to Section II.D.3 of this preamble 

for the rationale for this revision. 


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• The EPA is not finalizing the proposed 

addition of two new data elements to subpart 

AA: The annual mass of steam generated 

(proposed as 40 CFR 98.276(m)(1)) and the 

ratio of the unit’s maximum rated heat input 

capacity to its design rated steam output 

capacity (proposed as 40 CFR 98.276(m)(2)). 

Refer to Section II.D.3 of this preamble for 

the rationale for this revision. 

• The EPA is revising the new data 

element added to subpart V (40 CFR 

98.226(q)) to read ‘‘annual percent N2O 

emission reduction for all nitric acid trains 

combined.’’ The text ‘‘nitric acid trains’’ 

replaces proposed text ‘‘production units’’ to 

be consistent with the terminology used 

elsewhere in subpart V. This rationale is 

documented in ‘‘Summary and Explanation 

of Minor Changes Since the Proposed Rule’’ 

(Docket ID No. EPA–HQ–OAR–2010–0929). 

• The EPA is not finalizing the proposed 

addition of the following three new data 

elements to subpart Y, which were proposed 

to be required to be reported when Equation 

Y–3 is used to calculate flare CO2 emissions: 

Annual quantity of flare gas combusted, 

annual average molecular weight of flare gas 

combusted, and annual average carbon 

content of flare gas combusted, all for normal 

operations and startup, shutdown, and 

malfunction (SSM) events combined. The 

EPA included these new elements in the 

proposal to supplement the IVT verification 

approach by minimizing the need for 

potential follow-up activities (e.g., phone 

calls, emails, site visits, etc.) to verify 

reported GHG emissions from flares using 

Equation Y–3 to calculate emissions. 

Specifically, such information would allow 

the EPA to verify and reconcile potential 

differences between reported emissions and 

emissions equation results calculated by IVT, 

and therefore minimize the need for followup via phone, email or site visits. At the time 

of proposal, the EPA did not consider the 

proposed new reporting elements in 

conjunction with the monitoring 

requirements associated with Equation Y–1a 

and Y–1b. In the process of finalizing this 

rulemaking, the EPA realized that, under the 

current rule, if the flare gas composition 

(which determines molecular weight and 

carbon content) is measured weekly or more 

frequently, reporters are required to use 

either Equation Y–1a or Y–1b to calculate 

flare CO2 emissions. Reporters that either do 

not measure the composition of flare gas or 

conduct such measurements but less 

frequently than weekly may use Equation Y– 

3, which does not require such values to 

calculate routine flare gas emissions. As a 

result, requiring reporters to report annual 

averages of molecular weight and carbon 

content when using Equation Y–3 would 

undermine the purpose of Equation Y–3 by 

requiring facilities that do not currently 

measure these values to now have to 

determine and report these values. These 

facilities would now have to conduct such 

measurements or provide the values through 

other means. In the case where reporters do 

not measure these values, they would likely 

report the values determined for the subset 

of flare emissions related to SSM events, 

which would not be representative of the 

annual average, and therefore would not be 

useful for verification. As a result, the EPA 

is not finalizing the proposed reporting of the 

annual average molecular weight of flare gas 

combusted and annual average carbon 

content of flare gas combusted, both for 

normal operations and SSM events 

combined. Further, given that the three 

proposed data elements were to be used 

together to provide an alternative method of 

estimating emissions, requiring reporting of 

the annual quantity of flare gas combusted 

would not be useful in the absence of the 

other two data elements. The EPA is 

therefore not requiring the reporting of these 

three data elements in the final rule and will 

continue to rely on the general IVT 

verification approach for verifying flare CO2

emissions using Equation Y–3. 

3. Summary of Comments and 

Responses 

This section summarizes the 

significant comments and responses 

related to the proposed addition of new 

reporting requirements for facilities 

required to use IVT. See the EPA’s 

comment response document in Docket 

ID No. EPA–HQ–OAR–2010–0929 for a 

complete listing of all comments and 

responses related to this topic. 

Comment: One commenter suggested 

that the amount of cyclohexanone and 

cyclohexanol combined (also called 

ketone-alcohol oil or (KA) used to 

manufacture adipic acid should be 

substituted for cyclohexane for the 

verification of N2O emissions from 

adipic acid manufacturing. The 

commenter indicated that they use an 

EPA-approved alternate method, as 

allowed under 40 CFR 98.53(a)(2) to 

report N2O emissions, and the proposed 

new data element would not fairly 

represent emissions from their 

manufacturing facility. The commenter 

explained that the EPA is assuming that 

adipic acid is manufactured wholly via 

the oxidation of cyclohexane to KA, 

which is then further oxidized with 

nitric acid to adipic acid. The 

commenter stated that this assumes that 

all the KA used in the nitric acid 

oxidation comes from cyclohexane 

oxidation and all the KA produced is 

used to produce adipic acid. However, 

the commenter stated that, in reality, 

KA can be purchased or sold 

commercially as well as produced using 

materials other than cyclohexane. The 

commenter noted that they operate an 

alternate process to produce KA in 

addition to the cyclohexane-based KA 

production. 

Response: The EPA agrees with the 

commenter that the proposed new data 

element for subpart E (i.e., 40 CFR 

98.56(m), the annual quantity of 

cyclohexane fed to all production lines, 

combined) will be useful to the EPA for 

verification purposes for only those 

reporters that are producing all adipic 

acid from cyclohexane. At proposal, the 

EPA had assumed that all KA used to 

produce adipic acid was produced by 

the reporting facility using cyclohexane. 

Based on this commenter input and 

further consideration, the EPA has 

determined that there are cases where 

either the KA used by the reporting 

facility to create adipic acid is 

purchased from another KA producer or 

the reporting facility uses materials 

other than cyclohexane to produce KA 

(such as the facility represented by the 

commenter). In a case where the KA 

used by the reporting facility to create 

adipic acid is purchased from another 

KA producer, the reporting facility may 

not know whether and how much 

cyclohexane was used to produce the 

KA. Likewise, in cases where the 

reporting facility uses materials other 

than cyclohexane to produce KA (which 

may then be used to produce adipic 

acid), the reported annual quantity of 

cyclohexane used to produce adipic 

acid would not be applicable and, 

therefore, not useful to EPA for 

verification of reported GHG emissions 

(representing all adipic acid produced) 

because this quantity of cyclohexane 

would represent only part (or none, if 

no cyclohexane is used) of the KA used 

to produce adipic acid. In cases where 

a reporter is producing KA using 

materials other than cyclohexane, or 

where a reporter is purchasing KA, the 

EPA has changed the new data element 

to be the quantity of KA fed to adipic 

acid production lines. In the final rule, 

the EPA has revised the new data 

element to specify that if only 

cyclohexane is oxidized to produce 

adipic acid, the reporter must report the 

annual quantity of cyclohexane used to 

produce adipic acid; otherwise, the 

reporter must report the annual quantity 

of KA used to produce adipic acid. 

Regarding the comment that some 

adipic acid producers are selling some 

of the KA produced, these adipic acid 

producers will be required to report a 

corrected quantity of cyclohexane or 

KA, as applicable, used to produce 

adipic acid to account for any KA sold. 

Regarding the comment that some 

adipic acid producers purchase KA to 

produce adipic acid, these reporters will 

be required to report the annual 

quantity of KA used to produce adipic 

acid under 40 CFR 98.56(m)(2). 

Comment: One commenter supported 

the reporting for two new data elements 

proposed to be reported for subpart AA: 

(1) Quantity of calcium oxide (CaO) 

produced (metric tons), and (2) percent 

of annual heat input, individually for 

each fossil fuel type. The commenter 

opposed the reporting of two other data 


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18EPA is not finalizing the addition of all the data 

elements proposed to be added to the rule. Five 

data elements are not being added to the rule. The EPA’s rationale for this change is provided in 

Section III.B of this preamble. 

elements proposed to be reported for 

subpart AA for each chemical recovery 

furnace and chemical recovery 

combustion unit for which Equation C– 

2c of subpart C is not used to calculate 

CO2 emissions: (1) Annual mass of 

steam generated (pound (lb) steam), 

individually for each fossil fuel type 

and for spent liquor solids, and (2) Ratio 

of the unit’s maximum rated heat input 

capacity to its design rated steam output 

capacity (MMBtu/lb steam), 

individually for each fossil fuel type 

and for spent liquor solids. The 

commenter contended that these 

requirements are unclear and 

unnecessary and should be removed 

from the final rule. The commenter 

asserted that these proposed reporting 

requirements for pulp mills directly 

contradict the requirement in 40 CFR 

98.36(e)(2)(ii)(D) that requires stationary 

fuel combustion units to report the 

steam and heat/steam ratio only if 

Equation C–2c is used. Regarding 

recovery units not using Equation C–2c, 

the commenter indicated that 

determining these two data elements 

would be overly burdensome because 

determining steam generation by fuel 

type would be very difficult. The 

commenter explained that most 

recovery furnaces only use spent 

pulping liquor as their fuel and some 

may use other fuels for either start-up or 

for flame stabilization, but, generally, 

the fuels are liquid; and, other than 

using a percent of fuel to estimate the 

amount of steam generation per fuel 

type, the commenter did not know of 

any other method to determine the 

amount of steam generation per fuel 

type. As such, the commenter requested 

that these two proposed new data 

elements (annual mass of steam 

generated and ratio of the unit’s 

maximum rated heat input capacity to 

its design rated steam output capacity) 

be eliminated in the final rule. 

Response: The EPA thanks the 

commenter for their support for 

reporting the quantity of CaO produced, 

and percent of annual heat input, 

individually for each fossil fuel type. 

These two data elements are added as 

proposed. Regarding the other two data 

elements (annual mass of steam 

generated (lb steam), individually for 

each fossil fuel type and for spent liquor 

solids, and ratio of the unit’s maximum 

rated heat input capacity to its design 

rated steam output capacity (MMBtu/lb 

steam), individually for each fossil fuel 

type and for spent liquor solids), the 

EPA included these new elements in the 

proposal to supplement the IVT 

verification approach because having 

such information would allow the EPA 

to verify and reconcile potential 

differences between reported emissions 

and emissions equation results 

calculated by IVT and therefore 

minimize the need for follow-up via 

phone, email or on-site visit. However, 

as the EPA stated in the proposal 

preamble (September 11, 2013), the 

proposal to collect these two data 

elements was also based in part on the 

EPA’s incorrect assumption that the 

proposed new reporting elements would 

be readily available for affected 

facilities, or easily calculated using data 

already required to be collected. In light 

of the comment, and after further 

investigation of the method available to 

reporters to calculate steam generated 

by fuel type, the EPA has learned that 

generating these two new data reporting 

elements would require a significant 

investment in time. Upon further 

consideration, the EPA concludes that 

any potential time saved from the 

reduced follow-up activities due to 

collection of these two data elements is 

outweighed by the significant resources 

and time required for the facilities to 

generate these data. The EPA is 

therefore not requiring the reporting of 

these two data elements in the final rule 

and will continue to rely on the general 

IVT verification approach for verifying 

chemical recovery furnace and chemical 

recovery combustion unit emissions. 

For the reasons stated above, the EPA is 

not finalizing these two new data 

elements in this final action. 

III. Summary of Final Confidentiality 

Determinations for New Data Elements 

A. Summary of Final CBI 

Determinations 

The EPA is finalizing the proposed 

data category assignment and 

confidentiality determination for each 

new data element added in this final 

rule 18 except 40 CFR 98.226(q). For 40 

CFR 98.226(q), the EPA is finalizing the 

proposed data category assignment, but 

is not making any final confidentiality 

determination. The EPA’s rationale for 

this change is provided in Section III.B 

of this preamble. 

For the 16 new data elements listed in 

Table 5 of this preamble, the EPA has 

determined that they are entitled to 

confidential treatment, as proposed. 

Specifically, the EPA is finalizing the 

proposed category assignments of these 

data elements to the ‘‘Production/

Throughput Data that are Not Inputs to 

Emission Equations’’ and ‘‘Raw 

Materials Consumed that are Not Inputs 

to Emission Equations’’ data categories 

and the application of the categorical 

confidentiality determinations made for 

these categories in the 2011 final CBI 

rule (76 FR 30782, May 26, 2011) to 

these data elements. 

TABLE 5—DATA ELEMENTS ASSIGNED TO THE ‘‘PRODUCTION/THROUGHPUT DATA THAT ARE NOT INPUTS TO EMISSION

EQUATIONS’’ AND ‘‘RAW MATERIALS CONSUMED THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORIES

Subpart Final citation Data element 

‘‘Production/Throughput Data That Are Not Inputs to Emission Equations’’ Data Category 

G—Ammonia Production ................. 40 CFR 98.76(b)(14) ..................... Annual ammonia production (metric tons, sum of all process lines reported within subpart G). 

40 CFR 98.76(b)(15) ..................... Annual methanol production (metric tons) for each process unit. 

H—Cement Kilns ............................. 40 CFR 98.86(b)(16) ..................... Annual clinker production (metric tons). 

P—Hydrogen Production ................. 40 CFR 98.166(e) ......................... Annual methanol production (metric tons) for each process unit. 

S—Lime Manufacturing ................... 40 CFR 98.196(b)(18) ................... Annual quantity (tons) of lime product sold, by type. 

X—Petrochemical ............................ 40 CFR 98.246(a)(13) and (b)(10) If using the CEMS method to calculate GHG emissions: Name and 

annual quantity (in metric tons) of each product. If using the mass 

balance method to calculate GHG emissions: Name and annual 

quantity (in metric tons) of each product used in Equations X–1, 

X–2, and X–3 of subpart X. 


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TABLE 5—DATA ELEMENTS ASSIGNED TO THE ‘‘PRODUCTION/THROUGHPUT DATA THAT ARE NOT INPUTS TO EMISSION

EQUATIONS’’ AND ‘‘RAW MATERIALS CONSUMED THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORIES—Continued 

Subpart Final citation Data element 

AA—Pulp and Paper ....................... 40 CFR 98.276(l)(1) ...................... For each pulp mill lime kiln: Quantity of calcium oxide (CaO) produced (metric tons). 

‘‘Raw Materials Consumed That Are Not Inputs to Emission Equations’’ Data Category 

E—Adipic Acid Production ............... 40 CFR 98.56(m) .......................... If only cyclohexane is oxidized to produce adipic acid, report the annual quantity of cyclohexane (tons) used to produce adipic acid. If 

materials other than cyclohexane are oxidized to produce adipic 

acid, report the annual quantity of cyclohexanone and 

cyclohexanol mixture (tons) used to produce adipic acid. 

P—Hydrogen Production ................. 40 CFR 98.166(b)(7) ..................... Name and annual quantity (metric tons) of each carbon-containing 

fuel and feedstock. 

Q—Iron and Steel ............................ 40 CFR 98.176(e)(6)(i) .................. If you use the carbon mass balance method in 40 CFR 98.173(b)(1) 

to determine CO2 emissions: The annual mass (metric tons) of all 

gaseous, liquid, and solid fuels (combined) used in process units 

specified in Equations Q–1 through Q–7, calculated as specified in 

a new Equation Q–9 of subpart Q in the final rule amendments. 

Does not include fuel used in a stationary combustion unit where 

emissions are reported under subpart C. 

40 CFR 98.176(e)(6)(ii) ................. If you use the carbon mass balance method in 40 CFR 98.173(b)(1) 

to determine CO2 emissions: The annual mass (metric tons) of all 

non-fuel material inputs (combined) specified in Equations Q–1 

through Q–7 of subpart Q, calculated as specified in a new Equation Q–10 of subpart Q in the final rule amendments. 

40 CFR 98.176(e)(6)(iii) ................ If you use the carbon mass balance method in 40 CFR 98.173(b)(1) 

to determine CO2 emissions: The annual mass (metric tons) of all 

solid and liquid products and byproducts (combined) specified in 

Equations Q–1 through Q–7, calculated as specified in a new 

Equation Q–11 of subpart Q in the final rule amendments. 

40 CFR 98.176(e)(6)(iv) ................ If you use the carbon mass balance method in 40 CFR 98.173(b)(1) 

to determine CO2 emissions: The weighted average carbon content of all gaseous, liquid, and solid fuels (combined) included in 

Equation Q–9 of subpart Q, calculated as specified in a new Equation Q–12 of subpart Q in the final rule amendments. 

40 CFR 98.176(e)(6)(v) ................. If you use the carbon mass balance method in 40 CFR 98.173(b)(1) 

to determine CO2 emissions: The weighted average carbon content of all non-fuel inputs to all furnaces (combined) included in 

Equation Q–10 of subpart Q, calculated as specified in a new 

Equation Q–13 of subpart Q in the final rule amendments. 

40 CFR 98.176(e)(6)(vi) ................ If you use the carbon mass balance method in 40 CFR 98.173(b)(1) 

to determine CO2 emissions: The weighted average carbon content of all solid and liquid products and byproducts from all furnaces (combined) included in a new Equation Q–11 of subpart Q 

in the final rule amendments, calculated as specified in new Equation Q–14 of subpart Q in the final rule amendments. 

X—Petrochemical ............................ 40 CFR 98.246(a)(12) and (b)(9) .. If using the CEMS method to calculate GHG emissions: Name and 

annual quantity (in metric tons) of each carbon-containing feedstock. If using the mass balance method to calculate GHG emissions: Name and annual quantity (in metric tons) of each carboncontaining feedstock used in Equations X–1, X–2, and X–3 of subpart X. 

The five new data elements listed 

below in Table 6 of this preamble were 

proposed to be assigned to the ‘‘Unit 

Process Operating Characteristics that 

are Not Inputs to Emission Equations’’ 

category, for which EPA has not 

established a categorical confidentiality 

determination. Individual 

confidentiality determinations were 

proposed for these data elements, which 

are shown in Table 6 below. In this 

action, the EPA is finalizing the 

categorical assignments and 

confidentiality determinations for four 

of the five new data elements listed in 

Table 6, as proposed. The EPA revised 

the confidentiality determination for the 

new data element in subpart V, as 

shown in Table 6. 


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TABLE 6—FINAL CONFIDENTIALITY DETERMINATIONS FOR NEW DATA ELEMENTS ASSIGNED TO THE ‘‘UNIT/PROCESS

OPERATING CHARACTERISTICS THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ 

Subpart Citation Data element Confidentiality 

determination 

Final rationale for confidentiality 

determination 

E—Adipic Acid Production.40 CFR 98.56(n) .. Annual percent N2O emission reduction for all production units combined.Not CBI ................. The annual facility percent N2O reduction could not be used to calculate 

adipic acid production. The level of 

N2O reductions varies by the type 

of abatement technology, the environment in which the abatement 

technology is operating, the age of 

the abatement technology, the age 

of the catalyst used, and the maintenance level of the abatement 

technology. 

H—Cement Kilns ... 40 CFR 

98.86(b)(17).

Annual average clinker CO2 emission 

factor for the facility, averaged 

across all kilns (metric tons CO2/

metric ton clinker produced).

CBI ........................ This data element could be used to 

back calculate a facility’s clinker 

production data, which would result 

in competitive disadvantage. 

40 CFR 

98.86(b)(18).

Annual average cement kiln dust 

(CKD) CO2 emission factor for the 

facility, averaged across all kilns 

(metric tons CO2/metric ton CKD 

produced).

CBI ........................ This data element could provide information about the efficiency of the 

operation, which would result in 

competitive disadvantage. 

V—Nitric Acid Production.40 CFR 98.226(q) Annual percent N2O emission reduction for all nitric acid trains combined.ND a ...................... Refer to Section III.B of this preamble 

for the rationale for this determination. 

AA—Pulp and 

Paper.

40 CFR 

98.276(l)(2).

For each pulp mill lime kiln: Percent of 

annual heat input, individually for 

each fossil fuel type.

Non-CBI ................ Release of this data would not result 

in competitive harm because lime 

kiln fossil fuel use as a fraction of 

design heat input was reported to 

the EPA as part of a 2011 ICR survey, and facilities reporting via the 

survey made no CBI claims regarding fuel type and percent of design 

heat input. 

a ND = No determination is being finalized. 

B. Response to Public Comments 

The EPA received several comments 

related to the proposed confidentiality 

determinations for new data elements. 

Several commenters provided support 

for the EPA’s proposed confidentiality 

determinations for new data elements 

proposed to be reported in subparts G, 

H, S, P, Y, and AA. These comments 

may be found in the EPA’s comment 

response document in Docket ID No. 

EPA–HQ–OAR–2010–0929. We received 

several comments questioning the 

proposed confidentiality determination 

of several new data elements, including 

requests that the data elements be 

treated as confidential, or that the 

confidentiality be determined on a caseby-case basis, and summaries of these 

comments and EPA’s responses thereto 

are provided below. Additional 

comments and the EPA’s responses may 

be found in the comment response 

document noted above. 

Comment: One commenter provided 

comments on confidentiality 

determinations for new data elements 

proposed for subpart V (Nitric Acid 

Production). The commenter expressed 

support for the inclusion of the data 

element ‘‘annual percent nitrous oxide 

emissions reduction for all production 

units combined’’ (40 CFR 98.226(q)) in 

the ‘‘Unit/Process ‘Operating’ 

Characteristics That Are Not Inputs to 

Emission Equations’’ data category. 

However, the commenter disagreed with 

the EPA’s proposed determination that 

the data element is considered not 

confidential. The commenter disagreed 

with the EPA’s assertion that the data 

could not be used to calculate nitric 

acid production for an individual train 

because it is an aggregate number, 

stating that for facility with only a single 

nitric acid train with N2O abatement, 

this would not hold true. The 

commenter further asserted that the EPA 

was incorrect to assume that the data are 

publicly available through the voluntary 

Climate Action Reserve (CAR). The 

commenter stated that although some 

industry members participate in the 

CAR and release the information, 

several do not. The commenter 

contested that it is inappropriate for the 

EPA to base part of its decision on the 

voluntary reporting of some facilities. 

As an alternative, the commenter 

requested that the EPA not make a 

confidentiality determination for this 

data element as it has done for other 

data elements and, instead, allow 

individual reporters to assert CBI claims 

for the data element. 

Response: The EPA agrees with the 

commenter that the annual percent 

nitrous oxide emissions reduction for all 

production units combined is not 

publicly available on an annual basis 

through the CAR for all facilities 

reporting under this subpart, and notes 

that the EPA did not indicate such was 

the case in the proposed rule. At 

proposal, the EPA did not specifically 

consider the situation where a facility 

has only one nitric acid train. After 

further investigation in response to the 

comment received, the EPA agrees that, 

in cases where a facility has only one 

nitric acid train with N2O, the data 

element ‘‘annual percent nitrous oxide 

emissions reduction for all production 

units combined’’ (40 CFR 98.226(q)) 

could be used to calculate nitric acid 

production. For facilities with only one 

nitric acid train with N2O abatement, 

the reporting of annual percent N2O 

emissions reductions, together with 

annual N2O emissions from nitric acid 


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production (as required to be reported 

in 40 CFR 98.3(c)(4)), the destruction 

efficiency (as required to be reported in 

40 CFR 98.226(i)), and the abatement 

utilization factor (as required to be 

reported in 40 CFR 98.226(j)), could be 

used to back-calculate the mass of nitric 

acid produced. Further, the EPA cannot 

conclude that in specific situations, if a 

facility adds a nitric acid train from one 

year to the next, and the EPA publishes 

this data for the year that the facility has 

two nitric acid trains, that data revealing 

the annual percent nitrous oxide 

emissions reductions for all production 

units combined could not be backcalculated or estimated for the previous 

year (when the facility had one nitric 

acid train.) 

However, if a facility reports this 

information to the CAR and it is 

publicly available, the EPA sees no 

reason why the same data could not be 

published through the Greenhouse Gas 

Reporting Program, regardless of the 

number of nitric acid trains at the 

facility. In light of the above, the EPA 

cannot make a confidentiality 

determination that applies to all 

facilities required to report this data 

element. Therefore, the EPA is not 

finalizing a confidentiality 

determination for this data element. In 

Table 6 of this preamble, the 

determination for this data element is 

designated as ‘‘ND,’’ which means that 

no determination has been made. The 

EPA will make a confidentiality 

determination for this data element on 

a case by case basis. 

Comment: One commenter provided 

support for the confidentiality 

determinations for three new data 

elements proposed in subpart Y: Annual 

quantity of flare gas combusted (40 CFR 

98.256(e)(11)(i)); annual average 

molecular weight of flare gas combusted 

(40 CFR 98.256(e)(11)(ii)); and annual 

average carbon content of flare gas 

combusted (40 CFR 98.256(e)(11)(iii)). 

The three data elements, which are only 

required when using Equation Y–3 of 

subpart Y, were assigned to the ‘‘Unit/ 

Process ‘Operating’ Characteristics that 

Are Not Inputs to Emission Equations’’ 

Data Category’’ and were not classified 

as CBI in the proposal. Another 

commenter disagreed with the EPA’s 

determination that these data are not 

confidential. The commenter explained 

that the flared gases are process gases, 

and would reveal characteristics of iron 

and steel processes. The commenter 

stated that the data elements may reveal 

operating efficiency, provide 

information that would allow 

competitors to infer production costs 

and process characteristics, and enable 

them to gain a competitive advantage. 

The commenter asserted that the data 

elements are CBI and must be 

considered CBI in the final rule. 

Response: The EPA proposed to 

collect these three data elements to 

assist the EPA in verifying reported 

GHG emissions associated with flaring 

gas when Equation Y–3 is used. The 

EPA is not finalizing the reporting of 

these data elements. Refer to Section 

II.D.2 of this preamble for further 

discussion of the EPA’s rationale for this 

decision. 

IV. Impacts of the Final Rule 

The EPA has determined that the cost 

associated with this final action will be 

$438,000 in the first year of 

implementation and $55,000 in each 

subsequent year, as further summarized 

below. A full discussion of the impacts 

may be found in the memorandum, 

‘‘Assessment of Cost Impacts of 2015 

Inputs Proposal—Revisions to 

Reporting, Recordkeeping, and 

Verification Requirements Under the 

Greenhouse Gas Reporting Program,’’ 

August 2013, available in the EPA’s 

Docket ID No. EPA–HQ–OAR–2010– 

0929. 

A. How were the costs of this final rule 

estimated? 

1. Inputs Verification Tool 

The data elements required to be used 

for calculating the annual GHG 

emissions values, and the cost 

associated with collecting these data 

elements, have not changed from the 

estimate made during the original 

rulemaking process. The time associated 

with entry of these inputs to emission 

equations into e-GGRT (including into 

the new IVT) is expected to be 

equivalent to the time originally 

anticipated for data entry. Prior to using 

IVT, as currently required, reporters 

must use their own calculation tool 

(e.g., calculator, calculation software) to 

calculate the annual GHG emissions 

values, using the same sets of equations 

and entering the same data elements 

that they would enter into the tool. 

The EPA does recognize however that 

there may be some time associated with 

learning the new procedures for IVT and 

we have estimated a cost of 

approximately $67 per facility, or 

$383,000 for the first year for all affected 

facilities. During their first session using 

IVT, reporters would need to spend 

approximately one hour to become 

familiar with how the tool operates 

within e-GGRT. The requirement to use 

IVT would not result in any change in 

the respondent activity of entering these 

data into e-GGRT. Once the reporter has 

become familiar with the tool, the EPA 

does not anticipate any additional 

burden. The cost includes technical, 

clerical, and managerial labor hours. For 

further information about this cost 

estimate, refer to the memorandum 

‘‘Assessment of Cost Impacts of 2015 

Inputs Final Rule—Revisions to 

Reporting, Recordkeeping, and 

Verification Requirements Under the 

Greenhouse Gas Reporting Program’’ 

September 2014 and the supporting 

statement for the information collection 

request, ‘‘Supporting Statement, 

Environmental Protection Agency: 

Revisions to Reporting and 

Recordkeeping Requirements, and Final 

Confidentiality Determinations Under 

the Greenhouse Gas Reporting Program, 

Office of Management and Budget 

(OMB) Control Number 2060–0629, ICR 

Number 2300.12,’’ both available in 

Docket ID No. EPA–HQ–OAR–2010– 

0929. 

2. New Data Elements 

We are adding 21 new data elements 

that were not previously required to be 

reported under Part 98 (see Section II.D 

of this preamble for further discussion). 

These data elements must be reported 

by facilities in certain subparts that are 

required to use IVT. Of these 21 data 

elements, seven data elements are 

related to annual production or raw 

material usage, which are collected by a 

facility as a routine part of conducting 

business. For these data elements, we 

are not requiring that reporters comply 

with specific data collection or 

monitoring requirements beyond the 

methods commonly used for accounting 

purposes. The other 14 data elements to 

be reported are calculated values using 

data currently required to be collected 

to perform emissions calculations. For 

all of these additional data elements, the 

EPA has estimated a nominal additional 

cost to report the data element and 

fulfill the recordkeeping requirements. 

The total costs associated with reporting 

and recordkeeping for the 21 data 

elements in 9 subparts is $55,000. These 

costs represent the cost for all affected 

facilities in the first year. 

B. Do the final confidentiality 

determinations change the impacts of 

the final amendments? 

The final confidentiality 

determinations for the new data 

elements would not affect whether and 

how data are reported and, therefore, 

would not impose any additional 

burden on sources. Whether a data 

reporting element is determined to be 

CBI, not CBI, or emission data, the 

reporting element is reported to the EPA 

through e-GGRT in the same manner. 


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V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

The information collection 

requirements in this final rule have been 

submitted for approval to the OMB 

under the Paperwork Reduction Act, 44 

U.S.C. 3501 et seq. The Information 

Collection Request (ICR) document 

prepared by the EPA has been assigned 

EPA ICR number 2300.12. The 

information collection requirements are 

not enforceable until OMB approves 

them. 

This action finalizes amendments to 

reporting and recordkeeping 

requirements and verification 

procedures for the GHGRP. In addition, 

the EPA is publishing confidentiality 

determinations for the new data 

elements added in this action. The 

amendments to the reporting 

requirements in the source categoryspecific subparts are not anticipated to 

result in significant burden for 

reporters. The data elements required to 

be reported are expected to be readily 

available for affected facilities, or easily 

calculated using data already required 

to be collected (e.g., a monthly value 

was previously reported and an annual 

value is to be reported). 

Impacts associated with the changes 

to the reporting requirements in each 

subpart are detailed in the 

memorandum ‘‘Assessment of Cost 

Impacts of 2015 Inputs Final Rule— 

Revisions to Reporting, Recordkeeping, 

and Verification Requirements under 

the Greenhouse Gas Reporting 

Program,’’ September 2014, (see Docket 

ID No. EPA–HQ–OAR–2010–0929). 

Burden is defined at 5 CFR 1320.3(b). 

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. When 

this ICR is approved by OMB, the 

Agency will publish a technical 

amendment to 40 CFR part 9 in the 

Federal Register to display the OMB 

control number for the approved 

information collection requirements 

contained in this final rule. 

C. Regulatory Flexibility Act (RFA) 

The RFA generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. 

For purposes of assessing the impacts 

of these final rule amendments and 

confidentiality determinations on small 

entities, small entity is defined as: (1) A 

small business as defined by the Small 

Business Administration’s (SBA) 

regulations at 13 CFR 121.201; (2) a 

small governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; or (3) a 

small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. After considering 

the economic impacts of these final 

amendments on small entities, I certify 

that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

The small entities directly regulated by 

these final rule amendments include 

small businesses across all sectors of the 

economy encompassed by Part 98, small 

governmental jurisdictions, and small 

non-profits. We have determined that 

these facilities will experience impacts 

of roughly a first-year cost of $67 per 

facility for learning new procedures for 

the verification tool and an annual cost 

of $93 per facility for the recordkeeping 

and reporting of 21 new data elements. 

Although these final rule amendments 

will not have a significant economic 

impact on a substantial number of small 

entities, the EPA nonetheless has tried 

to reduce the impact of this rule on 

small entities. The EPA supports a 

‘‘help desk’’ for the GHGRP, which will 

be available to answer questions on the 

provisions in this final rulemaking. 

D. Unfunded Mandates Reform Act 

(UMRA) 

The final amendments and 

confidentiality determinations do not 

contain a Federal mandate that may 

result in expenditures of $100 million or 

more for State, local, and tribal 

governments, in the aggregate, or the 

private sector in any one year. This 

action finalizes the following 

requirements: (1) Requirements for 

certain reporters under 23 subparts to 

use an EPA-provided IVT instead of 

reporting certain data elements for 

which disclosure concerns have been 

identified, (2) lengthening the record 

retention time for reporters required to 

use IVT, and (3) new data elements to 

be reported for certain reporters using 

IVT and confidentiality determinations 

for these new data element. As 

discussed in Section IV of this 

preamble, for the first year, the total 

collective impact on regulated entities is 

(1) $383,000, or $67 per entity, for using 

IVT; and (2) $55,000, or $93 per entity, 

for the final new data elements to be 

reported. Thus, the final amendments 

and confidentiality determinations are 

not subject to the requirements of 

sections 202 or 205 of UMRA. 

This final rule is also not subject to 

the requirements of section 203 of 

UMRA because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

action amends reporting and 

recordkeeping requirements and 

verification procedures for certain 

reporters in the GHGRP. In addition, the 

EPA is finalizing confidentiality 

determinations for the new data 

elements added in this action. As 

discussed in Section IV of this 

preamble, the total collective impact on 

regulated entities is $438,000 in the first 

year, and $55,000 annually thereafter. 

Because this impact on each individual 

facility is estimated to be approximately 

$67–$160 in the first year and $93 

annually thereafter, the EPA has 

determined that the provisions in this 

action will not significantly impact 

small governments. In addition, because 

none of the provisions apply 

specifically to small governments, the 

EPA has determined that the provisions 

in this action will not uniquely impact 

small governments. Therefore, this 

action is not subject to the requirements 

of section 203 of the UMRA. 

E. Executive Order 13132: Federalism 

The final rule does not have 

federalism implications. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. The final 

amendments and confidentiality 

determinations apply to facilities that 

directly emit greenhouses gases and fuel 

and chemicals suppliers. These changes 

do not apply to governmental entities 

unless the government entity owns a 

facility that directly emits GHGs above 

threshold levels (such as a large 


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stationary combustion device), so 

relatively few government facilities will 

be affected. Moreover, for government 

facilities that are subject to the rule, the 

final revisions will not have a 

significant cost impact. This final rule 

also does not limit the power of States 

or localities to collect GHG data and/or 

regulate GHG emissions. Thus, 

Executive Order 13132 does not apply 

to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This final rule does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). The final amendments and 

confidentiality determinations apply 

directly to facilities that directly emit 

GHGs or that are suppliers of GHGs. 

They will not have tribal implications 

unless the tribal entity owns a facility 

that directly emits GHGs above 

threshold levels (such as a landfill or 

large combustion device). Relatively few 

tribal facilities would be affected. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 (62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This final rule is not subject 

to Executive Order 13045 because it 

does not establish an environmental 

standard intended to mitigate health or 

safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This final rule is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Part 98 

relates to monitoring, reporting, and 

recordkeeping and does not impact 

energy supply, distribution, or use. This 

final rule amends reporting and 

recordkeeping requirements and 

verification procedures for the GHGRP. 

In addition, the EPA is finalizing 

confidentiality determinations for the 

new data elements added in this 

rulemaking. These final amendments 

and confidentiality determinations do 

not make any changes to the existing 

monitoring, recordkeeping, or reporting 

requirements under Part 98 that affect 

the supply, distribution, or use of 

energy. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law No. 

104–113, 12(d) (15 U.S.C. 272 note) 

directs the EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA directs the 

EPA to provide Congress, through the 

OMB, explanations when the Agency 

decides not to use available and 

applicable voluntary consensus 

standards. 

This final rulemaking does not 

involve any new technical standards. 

Therefore, the EPA is not considering 

the use of any voluntary consensus 

standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that these 

final rule amendments and 

confidentiality determinations will not 

have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because the amendments 

do not affect the level of protection 

provided to human health or the 

environment. This is because the final 

amendments address information 

collection and reporting and verification 

procedures. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). This rule will be effective on 

November 24, 2014. 

List of Subjects 40 CFR Part 98 

Environmental protection, 

Administrative practice and procedure, 

Greenhouse gases, Reporting and 

recordkeeping requirements. 

Dated: September 26, 2014. 

Gina McCarthy, 

Administrator. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends title 40, chapter I, of the 

Code of Federal Regulations as follows: 

PART 98—MANDATORY 

GREENHOUSE GAS REPORTING 

■ 1. The authority citation for part 98 

continues to read as follows: 

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

Subpart A—General Provision 

■ 2. Section 98.3 is amended by revising 

paragraphs (c)(4)(vii), (d)(3)(v), (g) 

introductory text, and (g)(2)(i) to read as 

follows: 

§ 98.3 What are the general monitoring, 

reporting, recordkeeping and verification 

requirements of this part? 

* * * * * 

(c) * * * 

(4) * * * 

(vii) The owner or operator of a 

facility is not required to report the data 

elements specified in Table A–6 of this 

subpart for calendar years 2010 through 

2011 until March 31, 2013. The owner 

or operator of a facility is not required 

to report the data elements specified in 

Table A–7 of this subpart for calendar 

years 2010 through 2013 until March 31, 

2015 (as part of the annual report for 

reporting year 2014), except as 

otherwise specified in Table A–7 of this 

subpart. 

* * * * * 

(d) * * * 

(3) * * * 


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(v) For each stationary fuel 

combustion source that meets the 

criteria specified in § 98.36(f), report 

any facility operating data or process 

information used for the GHG emission 

calculations. A stationary fuel 

combustion source that does not meet 

the criteria specified in § 98.36(f) must 

either report the data specified in this 

paragraph (d)(3)(v) in the annual report 

or use verification software according to 

§ 98.5(b) in lieu of reporting the data 

specified in this paragraph. 

* * * * * 

(g) Recordkeeping. An owner or 

operator that is required to report GHGs 

under this part must keep records as 

specified in this paragraph (g). Except as 

otherwise provided in this paragraph, 

retain all required records for at least 3 

years from the date of submission of the 

annual GHG report for the reporting 

year in which the record was generated. 

The records shall be kept in an 

electronic or hard-copy format (as 

appropriate) and recorded in a form that 

is suitable for expeditious inspection 

and review. If the owner or operator of 

a facility is required under § 98.5(b) to 

use verification software specified by 

the Administrator, then all records 

required for the facility under this part 

must be retained for at least 5 years from 

the date of submission of the annual 

GHG report for the reporting year in 

which the record was generated, starting 

with records for reporting year 2010. 

Upon request by the Administrator, the 

records required under this section must 

be made available to EPA. Records may 

be retained off site if the records are 

readily available for expeditious 

inspection and review. For records that 

are electronically generated or 

maintained, the equipment or software 

necessary to read the records shall be 

made available, or, if requested by EPA, 

electronic records shall be converted to 

paper documents. You must retain the 

following records, in addition to those 

records prescribed in each applicable 

subpart of this part: 

* * * * * 

(2) * * * 

(i) The GHG emissions calculations 

and methods used. For data required by 

§ 98.5(b) to be entered into verification 

software specified in § 98.5(b), maintain 

the entered data in the format generated 

by the verification software according to 

§ 98.5(b). 

* * * * * 

■ 3. Section 98.5 is revised to read as 

follows: 

§ 98.5 How is the report submitted? 

(a) Each GHG report and certificate of 

representation for a facility or supplier 

must be submitted electronically in 

accordance with the requirements of 

§ 98.4 and in a format specified by the 

Administrator. 

(b) For reporting year 2014 and 

thereafter, you must enter into 

verification software specified by the 

Administrator the data specified in the 

verification software records provision 

in each applicable recordkeeping 

section. For each data element entered 

into the verification software, if the 

software produces a warning message 

for the data value and you elect not to 

revise the data value, you may provide 

an explanation in the verification 

software of why the data value is not 

being revised. 

■ 4. Table A–7 to Subpart A of Part 98 

is revised to read as follows: 

TABLE A–7 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH

THE REPORTING DEADLINE IS MARCH 31, 2015 

Subpart Rule citation (40 CFR part 98) 

Specific data elements for which reporting date is March 31, 

2015 (‘‘All’’ means all data elements in the cited paragraph 

are not required to be reported until March 31, 2015) 

A ................................................ 98.3(d)(3)(v) ..................................................... All.a

C ................................................ 98.36(b)(9)(iii) ................................................... Only estimate of the heat input.a

C ................................................ 98.36(c)(2)(ix) ................................................... Only estimate of the heat input from each type of fuel listed in 

Table C–2 of subpart C of this part.a

C ................................................ 98.36(e)(2)(i) .................................................... All.a

C ................................................ 98.36(e)(2)(ii)(A) ............................................... All.a

C ................................................ 98.36(e)(2)(ii)(C) ............................................... Only HHV value for each calendar month in which HHV determination is required.a

C ................................................ 98.36(e)(2)(ii)(D) ............................................... All.a

C ................................................ 98.36(e)(2)(iv)(A) .............................................. All.a

C ................................................ 98.36(e)(2)(iv)(C) .............................................. All.a

C ................................................ 98.36(e)(2)(iv)(F) .............................................. All.a

C ................................................ 98.36(e)(2)(ix)(D) .............................................. All.a

C ................................................ 98.36(e)(2)(ix)(E) .............................................. All.a

C ................................................ 98.36(e)(2)(ix)(F) .............................................. All.a

E ................................................ 98.56(g) ............................................................ All. 

E ................................................ 98.56(h) ............................................................ All. 

E ................................................ 98.56(j)(4) ......................................................... All. 

E ................................................ 98.56(j)(5) ......................................................... All. 

E ................................................ 98.56(j)(6) ......................................................... All. 

E ................................................ 98.56(l) ............................................................. All. 

H ................................................ 98.86(b)(11) ...................................................... All. 

H ................................................ 98.86(b)(13) ...................................................... Name of raw kiln feed or raw material. 

L ................................................ 98.126(b)(1) ...................................................... Only data used in calculating the absolute errors and data 

used in calculating the relative errors. 

L ................................................ 98.126(b)(2) ...................................................... All. 

L ................................................ 98.126(b)(6) ...................................................... Only mass of each fluorine-containing reactant fed into the 

process. 

L ................................................ 98.126(b)(7) ...................................................... Only mass of each fluorine-containing product produced by 

the process. 

L ................................................ 98.126(b)(8)(i) .................................................. Only mass of each fluorine-containing product that is removed from the process and fed into the destruction device. 


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TABLE A–7 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH

THE REPORTING DEADLINE IS MARCH 31, 2015—Continued 

Subpart Rule citation (40 CFR part 98) 

Specific data elements for which reporting date is March 31, 

2015 (‘‘All’’ means all data elements in the cited paragraph 

are not required to be reported until March 31, 2015) 

L ................................................ 98.126(b)(8)(ii) .................................................. Only mass of each fluorine-containing by-product that is removed from the process and fed into the destruction device. 

L ................................................ 98.126(b)(8)(iii) ................................................. Only mass of each fluorine-containing reactant that is removed from the process and fed into the destruction device. 

L ................................................ 98.126(b)(8)(iv) ................................................. Only mass of each fluorine-containing by-product that is removed from the process and recaptured. 

L ................................................ 98.126(b)(8)(v) ................................................. All. 

L ................................................ 98.126(b)(9)(i) .................................................. All. 

L ................................................ 98.126(b)(9)(ii) .................................................. All. 

L ................................................ 98.126(b)(9)(iii) ................................................. All. 

L ................................................ 98.126(b)(10) .................................................... All. 

L ................................................ 98.126(b)(11) .................................................... All. 

L ................................................ 98.126(b)(12) .................................................... All. 

L ................................................ 98.126(c)(1) ...................................................... Only quantity of the process activity used to estimate emissions. 

L ................................................ 98.126(c)(2) ...................................................... All. 

L ................................................ 98.126(d) .......................................................... Only estimate of missing data. 

L ................................................ 98.126(f)(1) ....................................................... All. 

L ................................................ 98.126(g)(1) ...................................................... All. 

L ................................................ 98.126(h)(2) ...................................................... All. 

O ............................................... 98.156(d)(2) ...................................................... All. 

O ............................................... 98.156(d)(3) ...................................................... All. 

O ............................................... 98.156(d)(4) ...................................................... All. 

Q ............................................... 98.176(f)(1) ....................................................... All. 

W ............................................... 98.236(c)(1)(i) ................................................... All. 

W ............................................... 98.236(c)(1)(ii) .................................................. All. 

W ............................................... 98.236(c)(1)(iii) ................................................. All. 

W ............................................... 98.236(c)(2)(i) ................................................... All. 

W ............................................... 98.236(c)(3)(i) ................................................... All. 

W ............................................... 98.236(c)(3)(ii) .................................................. Only Calculation Methodology 2 of § 98.233(d). 

W ............................................... 98.236(c)(3)(iii) ................................................. All. 

W ............................................... 98.236(c)(3)(iv) ................................................. All. 

W ............................................... 98.236(c)(4)(i)(A) .............................................. All. 

W ............................................... 98.236(c)(4)(i)(B) .............................................. All. 

W ............................................... 98.236(c)(4)(i)(C) .............................................. All. 

W ............................................... 98.236(c)(4)(i)(D) .............................................. All. 

W ............................................... 98.236(c)(4)(i)(E) .............................................. All. 

W ............................................... 98.236(c)(4)(i)(F) .............................................. All. 

W ............................................... 98.236(c)(4)(i)(G) ............................................. All. 

W ............................................... 98.236(c)(4)(i)(H) .............................................. All. 

W ............................................... 98.236(c)(4)(ii)(A) ............................................. All. 

W ............................................... 98.236(c)(5)(i)(D) .............................................. All. 

W ............................................... 98.236(c)(5)(ii)(C) ............................................. All. 

W ............................................... 98.236(c)(6)(i)(B) .............................................. All.b

W ............................................... 98.236(c)(6)(i)(D) .............................................. All.b

W ............................................... 98.236(c)(6)(i)(E) .............................................. All.b

W ............................................... 98.236(c)(6)(i)(F) .............................................. All.b

W ............................................... 98.236(c)(6)(i)(G) ............................................. Only the amount of natural gas required. 

W ............................................... 98.236(c)(6)(i)(H) .............................................. Only the amount of natural gas required. 

W ............................................... 98.236(c)(6)(ii)(A) ............................................. All. 

W ............................................... 98.236(c)(6)(ii)(B) ............................................. All. 

W ............................................... 98.236(c)(7)(i)(A) .............................................. Only for Equation W–14A of § 98.233. 

W ............................................... 98.236(c)(8)(i)(F) .............................................. All.b

W ............................................... 98.236(c)(8)(i)(K) .............................................. All. 

W ............................................... 98.236(c)(8)(ii)(A) ............................................. All.b

W ............................................... 98.236(c)(8)(ii)(H) ............................................. All. 

W ............................................... 98.236(c)(8)(iii)(A) ............................................ All. 

W ............................................... 98.236(c)(8)(iii)(B) ............................................ All. 

W ............................................... 98.236(c)(8)(iii)(G) ............................................ All. 

W ............................................... 98.236(c)(12)(ii) ................................................ All. 

W ............................................... 98.236(c)(12)(v) ................................................ All. 

W ............................................... 98.236(c)(13)(i)(E) ............................................ All. 

W ............................................... 98.236(c)(13)(i)(F) ............................................ All. 

W ............................................... 98.236(c)(13)(ii)(A) ........................................... All. 

W ............................................... 98.236(c)(13)(ii)(B) ........................................... All. 

W ............................................... 98.236(c)(13)(iii)(A) .......................................... All. 

W ............................................... 98.236(c)(13)(iii)(B) .......................................... All. 


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TABLE A–7 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH

THE REPORTING DEADLINE IS MARCH 31, 2015—Continued 

Subpart Rule citation (40 CFR part 98) 

Specific data elements for which reporting date is March 31, 

2015 (‘‘All’’ means all data elements in the cited paragraph 

are not required to be reported until March 31, 2015) 

W ............................................... 98.236(c)(13)(v)(A) ........................................... All. 

W ............................................... 98.236(c)(14)(i)(B) ............................................ All. 

W ............................................... 98.236(c)(14)(ii)(A) ........................................... All. 

W ............................................... 98.236(c)(14)(ii)(B) ........................................... All. 

W ............................................... 98.236(c)(14)(iii)(A) .......................................... All. 

W ............................................... 98.236(c)(14)(iii)(B) .......................................... All. 

W ............................................... 98.236(c)(14)(v)(A) ........................................... All. 

W ............................................... 98.236(c)(15)(ii)(A) ........................................... All. 

W ............................................... 98.236(c)(15)(ii)(B) ........................................... All. 

W ............................................... 98.236(c)(16)(viii) ............................................. All. 

W ............................................... 98.236(c)(16)(ix) ............................................... All. 

W ............................................... 98.236(c)(16)(x) ................................................ All. 

W ............................................... 98.236(c)(16)(xi) ............................................... All. 

W ............................................... 98.236(c)(16)(xii) .............................................. All. 

W ............................................... 98.236(c)(16)(xiii) ............................................. All. 

W ............................................... 98.236(c)(16)(xiv) ............................................. All. 

W ............................................... 98.236(c)(16)(xv) .............................................. All. 

W ............................................... 98.236(c)(16)(xvi) ............................................. All. 

W ............................................... 98.236(c)(17)(ii) ................................................ All. 

W ............................................... 98.236(c)(17)(iii) ............................................... All. 

W ............................................... 98.236(c)(17)(iv) ............................................... All. 

W ............................................... 98.236(c)(18)(i) ................................................. All. 

W ............................................... 98.236(c)(18)(ii) ................................................ All. 

W ............................................... 98.236(c)(19)(iv) ............................................... All. 

W ............................................... 98.236(c)(19)(vii) .............................................. All. 

Y ................................................ 98.256(h)(5)(i) .................................................. Only value of the correction. 

Y ................................................ 98.256(k)(4) ...................................................... Only mole fraction of methane in coking gas. 

Y ................................................ 98.256(n)(3) ...................................................... All (if used in Equation Y–21 of § 98.253 to calculate emissions from equipment leaks). 

Y ................................................ 98.256(o)(4)(vi) ................................................. Only tank-specific methane composition data and gas generation rate data. 

AA ............................................. 98.276(e) .......................................................... All. 

CC ............................................. 98.296(b)(10)(i) ................................................ All. 

CC ............................................. 98.296(b)(10)(ii) ................................................ All. 

CC ............................................. 98.296(b)(10)(iii) ............................................... All. 

CC ............................................. 98.296(b)(10)(iv) ............................................... All. 

CC ............................................. 98.296(b)(10)(v) ............................................... All. 

CC ............................................. 98.296(b)(10)(vi) ............................................... All. 

II ................................................ 98.356(d)(2) ...................................................... All (if conducting weekly sampling). 

II ................................................ 98.356(d)(3) ...................................................... All (if conducting weekly sampling). 

II ................................................ 98.356(d)(4) ...................................................... Only weekly average temperature (if conducting weekly sampling). 

II ................................................ 98.356(d)(5) ...................................................... Only weekly average moisture content (if conducting weekly 

sampling). 

II ................................................ 98.356(d)(6) ...................................................... Only weekly average pressure (if conducting weekly sampling). 

a Required to be reported only by: (1) Stationary fuel combustion sources (e.g., individual units, aggregations of units, common pipes, or common stacks) subject to subpart C of this part that contain at least one combustion unit connected to a fuel-fired electric generator owned or operated by an entity that is subject to regulation of customer billing rates by the PUC (excluding generators connected to combustion units subject to 

40 CFR part 98, subpart D) and that are located at a facility for which the sum of the nameplate capacities for all such electric generators is 

greater than or equal to 1 megawatt electric output; and (2) stationary fuel combustion sources (e.g., individual units, aggregations of units, common pipes, or common stacks) subject to subpart C of this part that do not meet the criteria in (1) of this footnote that elect to report these data 

elements, as provided in § 98.36(a), for reporting year 2014. bThis rule citation provides an option to delay reporting of this data element for certain wildcat wells and/or delineation wells. 

Subpart C—General Stationary Fuel 

Combustion Sources 

■ 5. Section 98.36 is amended by: 

■ a. Revising paragraph (a); 

■ b. Revising paragraph (b)(9)(iii) and 

adding paragraph (b)(9)(iv); 

■ c. Revising paragraphs (c)(2)(ix) and 

(x); 

■ d. Revising paragraph (e)(2)(ii)(C) and 

adding paragraph (e)(2)(ii)(E); and 

■ e. Adding paragraph (f). 

■ The revisions and additions read as 

follows: 

§ 98.36 Data reporting requirements. 

(a) In addition to the facility-level 

information required under § 98.3, the 

annual GHG emissions report shall 

contain the unit-level or process-level 

data specified in paragraphs (b) through 

(f) of this section, as applicable, for each 

stationary fuel combustion source (e.g., 

individual unit, aggregation of units, 

common pipe, or common stack) except 

as otherwise provided in this paragraph 

(a). For the data specified in paragraphs 

(b)(9)(iii), (c)(2)(ix), (e)(2)(i), (e)(2)(ii)(A), 

(e)(2)(ii)(C), (e)(2)(ii)(D), (e)(2)(iv)(A), 

(e)(2)(iv)(C), (e)(2)(iv)(F), and 

(e)(2)(ix)(D) through (F) of this section, 

the owner or operator of a stationary 

fuel combustion source that does not 

meet the criteria specified in paragraph 


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Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 63783 

(f) of this section may elect either to 

report the data specified in this sentence 

in the annual report or to use 

verification software according to 

§ 98.5(b) in lieu of reporting these data. 

If you elect to use this verification 

software, you must use the verification 

software according to § 98.5(b) for all of 

these data that apply to the stationary 

fuel combustion source. 

(b) * * * 

(9) * * * 

(iii) An estimate of the heat input 

from each type of fuel listed in Table C– 

2 of this subpart that was combusted in 

the unit during the report year. 

(iv) The annual CH4 and N2O 

emissions for each type of fuel listed in 

Table C–2 of this subpart that was 

combusted in the unit during the report 

year, expressed in metric tons of each 

gas and in metric tons of CO2e. 

* * * * * 

(c) * * * 

(2) * * * 

(ix) An estimate of the heat input from 

each type of fuel listed in Table C–2 of 

this subpart that was combusted in the 

units sharing the common stack or duct 

during the report year. 

(x) For each type of fuel listed in 

Table C–2 of this subpart that was 

combusted during the report year in the 

units sharing the common stack or duct 

during the report year, the annual CH4

and N2O mass emissions from the units 

sharing the common stack or duct, 

expressed in metric tons of each gas and 

in metric tons of CO2e. 

* * * * * 

(e) * * * 

(2) * * * 

(ii) * * * 

(C) The high heat values used in the 

CO2 emissions calculations for each 

type of fuel combusted during the 

reporting year, in mmBtu per short ton 

for solid fuels, mmBtu per gallon for 

liquid fuels, and mmBtu per scf for 

gaseous fuels. Report a HHV value for 

each calendar month in which HHV 

determination is required. If multiple 

values are obtained in a given month, 

report the arithmetic average value for 

the month. 

* * * * * 

(E) For each HHV used in the CO2

emissions calculations for each type of 

fuel combusted during the reporting 

year, indicate whether the HHV is a 

measured value or a substitute data 

value. 

* * * * * 

(f) Each stationary fuel combustion 

source (e.g., individual unit, aggregation 

of units, common pipe, or common 

stack) subject to reporting under 

paragraph (b) or (c) of this section must 

indicate if both of the following two 

conditions are met: 

(1) The stationary fuel combustion 

source contains at least one combustion 

unit connected to a fuel-fired electric 

generator owned or operated by an 

entity that is subject to regulation of 

customer billing rates by the public 

utility commission (excluding 

generators that are connected to 

combustion units that are subject to 

subpart D of this part). 

(2) The stationary fuel combustion 

source is located at a facility for which 

the sum of the nameplate capacities for 

all electric generators specified in 

paragraph (f)(1) of this section is greater 

than or equal to 1 megawatt electric 

output. 

■ 6. Section 98.37 is revised to read as 

follows: 

§ 98.37 Records that must be retained. 

In addition to the requirements of 

§ 98.3(g), you must retain: 

(a) The applicable records specified in 

§§ 98.34(f) and (g), 98.35(b), and 

98.36(e). 

(b) Verification software records. For 

each stationary fuel combustion source 

that elects to use the verification 

software specified in § 98.5(b) rather 

than report data specified in paragraphs 

(b)(9)(iii), (c)(2)(ix), (e)(2)(i), (e)(2)(ii)(A), 

(e)(2)(ii)(C), (e)(2)(ii)(D), (e)(2)(iv)(A), 

(e)(2)(iv)(C), (e)(2)(iv)(F), and 

(e)(2)(ix)(D) through (F) of this section, 

you must keep a record of the file 

generated by the verification software 

for the applicable data specified in 

paragraphs (b)(1) through (36) of this 

section. Retention of this file satisfies 

the recordkeeping requirement for the 

data in paragraphs (b)(1) through (36) of 

this section. 

(1) Mass of each solid fuel combusted 

(tons/year) (Equation C–1 of § 98.33). 

(2) Volume of each liquid fuel 

combusted (gallons/year) (Equation C– 

1). 

(3) Volume of each gaseous fuel 

combusted (scf/year) (Equation C–1). 

(4) Annual natural gas usage (therms/ 

year) (Equation C–1a of § 98.33). 

(5) Annual natural gas usage (mmBtu/ 

year) (Equation C–1b of § 98.33). 

(6) Mass of each solid fuel combusted 

(tons/year) (Equation C–2a of § 98.33). 

(7) Volume of each liquid fuel 

combusted (gallons/year) (Equation C– 

2a). 

(8) Volume of each gaseous fuel 

combusted (scf/year) (Equation C–2a). 

(9) Measured high heat value of each 

solid fuel, for month (which may be the 

arithmetic average of multiple 

determinations), or, if applicable, an 

appropriate substitute data value 

(mmBtu per ton) (Equation C–2b of 

§ 98.33). 

(10) Measured high heat value of each 

liquid fuel, for month (which may be 

the arithmetic average of multiple 

determinations), or, if applicable, an 

appropriate substitute data value 

(mmBtu per gallons) (Equation C–2b). 

(11) Measured high heat value of each 

gaseous fuel, for month (which may be 

the arithmetic average of multiple 

determinations), or, if applicable, an 

appropriate substitute data value 

(mmBtu per scf) (Equation C–2b). 

(12) Mass of each solid fuel 

combusted during month (tons) 

(Equation C–2b). 

(13) Volume of each liquid fuel 

combusted during month (gallons) 

(Equation C–2b). 

(14) Volume of each gaseous fuel 

combusted during month (scf) (Equation 

C–2b). 

(15) Total mass of steam generated by 

municipal solid waste or each solid fuel 

combustion during the reporting year 

(pounds steam) (Equation C–2c of 

§ 98.33). 

(16) Ratio of the boiler’s maximum 

rated heat input capacity to its design 

rated steam output capacity (MMBtu/

pounds steam) (Equation C–2c). 

(17) Annual mass of each solid fuel 

combusted (short tons/year) (Equation 

C–3 of § 98.33). 

(18) Annual average carbon content of 

each solid fuel (percent by weight, 

expressed as a decimal fraction) 

(Equation C–3). 

(19) Annual volume of each liquid 

fuel combusted (gallons/year) (Equation 

C–4 of § 98.33). 

(20) Annual average carbon content of 

each liquid fuel (kg C per gallon of fuel) 

(Equation C–4). 

(21) Annual volume of each gaseous 

fuel combusted (scf/year) (Equation C– 

5 of § 98.33). 

(22) Annual average carbon content of 

each gaseous fuel (kg C per kg of fuel) 

(Equation C–5). 

(23) Annual average molecular weight 

of each gaseous fuel (kg/kg-mole) 

(Equation C–5). 

(24) Molar volume conversion factor 

at standard conditions, as defined in 

§ 98.6 (scf per kg-mole) (Equation C–5). 

(25) Identify for each fuel if you will 

use the default high heat value from 

Table C–1 of this subpart, or actual high 

heat value data (Equation C–8 of 

§ 98.33). 

(26) High heat value of each solid fuel 

(mmBtu/tons) (Equation C–8). 

(27) High heat value of each liquid 

fuel (mmBtu/gallon) (Equation C–8). 

(28) High heat value of each gaseous 

fuel (mmBtu/scf) (Equation C–8). 


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(29) Cumulative annual heat input 

from combustion of each fuel (mmBtu) 

(Equation C–10 of § 98.33). 

(30) Total quantity of each solid fossil 

fuel combusted in the reporting year, as 

defined in § 98.6 (pounds) (Equation C– 

13 of § 98.33). 

(31) Total quantity of each liquid 

fossil fuel combusted in the reporting 

year, as defined in § 98.6 (gallons) 

(Equation C–13). 

(32) Total quantity of each gaseous 

fossil fuel combusted in the reporting 

year, as defined in § 98.6 (scf) (Equation 

C–13). 

(33) High heat value of the each solid 

fossil fuel (Btu/lb) (Equation C–13). 

(34) High heat value of the each liquid 

fossil fuel (Btu/gallons) (Equation C–13). 

(35) High heat value of the each 

gaseous fossil fuel (Btu/scf) (Equation 

C–13). 

(36) Fuel-specific carbon based Ffactor per fuel (scf CO2/mmBtu) 

(Equation C–13). 

Subpart E—Adipic Acid Production 

■ 7. Section 98.56 is amended by: 

■ a. Revising the introductory text; 

■ b. Removing and reserving paragraphs 

(b), (c), and (j)(1) and (3); and 

■ c. Adding paragraphs (m) and (n). 

The revisions and additions read as 

follows: 

§ 98.56 Data reporting requirements. 

In addition to the information 

required by § 98.3(c), each annual report 

must contain the information specified 

in paragraphs (a) through (n) of this 

section at the facility level. 

* * * * * 

(m) If only cyclohexane is oxidized to 

produce adipic acid and the quantity is 

known, report the information specified 

in paragraph (m)(1) of this section. If 

materials other than cyclohexane are 

oxidized to produce adipic acid, report 

the information specified in paragraph 

(m)(2) of this section. 

(1) Annual quantity of cyclohexane 

(tons) used to produce adipic acid. 

(2) Annual quantity of cyclohexanone 

and cyclohexanol mixture (tons) used to 

produce adipic acid. 

(n) Annual percent N2O emission 

reduction for all production units 

combined. 

■ 8. Section 98.57 is amended by 

revising the introductory text and 

adding paragraph (i) to read as follows: 

§ 98.57 Records that must be retained. 

In addition to the information 

required by § 98.3(g), you must retain 

the records specified in paragraphs (a) 

through (i) of this section at the facility 

level: 

* * * * * 

(i) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (i)(1) through (3) 

of this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (i)(1) through 

(3) of this section. 

(1) Annual adipic acid production 

from each adipic acid production unit 

(tons) (Equations E–2, E–3a, E–3b, E–3c, 

and E–3d of § 98.53). 

(2) Production rate per test run during 

the performance test for each 

production unit test run (tons adipic 

acid produced/hr) (Equation E–1 of 

§ 98.53). 

(3) Annual adipic acid production per 

N2O abatement technology during 

which N2O abatement technology was 

used (tons adipic acid produced) 

(Equation E–2). 

Subpart F—Aluminum Production 

■ 9. Section 98.66 is amended by: 

■ a. Removing and reserving paragraphs 

(a) and (c)(2); 

■ b. Revising paragraphs (c)(3), (e)(1), 

and (f)(1); and 

■ c. Removing and reserving paragraph 

(g). 

The revisions read as follows: 

§ 98.66 Data reporting requirements. 

* * * * * 

(c) * * * 

(3) The last date when the smelterspecific-slope coefficients (or 

overvoltage emission factors) were 

measured. 

* * * * * 

(e) * * * 

(1) Annual anode consumption if 

using the method in § 98.63(g). 

* * * * * 

(f) * * * 

(1) Annual paste consumption if using 

the method in § 98.63(g). 

* * * * * 

■ 10. Section 98.67 is amended by 

adding paragraph (i) to read as follows: 

§ 98.67 Records that must be retained. 

* * * * * 

(i) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (i)(1) through 

(30) of this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (i)(1) through 

(30) of this section. 

(1) Slope coefficient per potline per 

month (kg CF4/metric ton Al)/(AE-Mins/ 

cell-day)) (Equation F–2 of § 98.63). 

(2) Anode effect minutes per cell-day 

per potline per month (AE-Mins/cellday) (Equation F–2). 

(3) Anode effect frequency per potline 

per month (AE/cell-day) (Equation F–2). 

(4) Anode effect duration per potline 

per month (minutes) (Equation F–2). 

(5) Metal production of aluminum per 

potline per month (metric tons) 

(Equation F–2). 

(6) Overvoltage emission factor per 

potline per month (kg CF4/metric ton 

Al) (Equation F–3 of § 98.63). 

(7) Metal production of aluminum per 

potline per month (metric tons) 

(Equation F–3). 

(8) Weight fraction of C2F6/CF4 per 

potline per month (kg C2F6/kg CF4) 

(Equation F–4 of § 98.63). 

(9) Net annual prebaked anode 

consumption (metric tons C/metric tons 

Al) (Equation F–5 of § 98.63). 

(10) Annual metal production of 

aluminum (metric tons) (Equation F–5). 

(11) Sulfur content in baked anode 

(weight percent) (Equation F–5). 

(12) Ash content in baked anode 

(weight percent) (Equation F–5). 

(13) Annual paste consumption 

(metric ton/metric ton Al) (Equation F– 

6 of § 98.63). 

(14) Annual metal production of 

aluminum (metric tons) (Equation F–6). 

(15) Annual emissions of cyclohexane 

soluble matter (kg/metric ton Al) 

(Equation F–6). 

(16) Binder content of paste (weight 

percent) (Equation F–6). 

(17) Sulfur content of pitch (weight 

percent) (Equation F–6). 

(18) Ash content of pitch (weight 

percent) (Equation F–6). 

(19) Hydrogen content of pitch 

(weight percent) (Equation F–6). 

(20) Sulfur content in calcined coke 

(weight percent) (Equation F–6). 

(21) Ash content in calcined coke 

(weight percent) (Equation F–6). 

(22) Carbon in skimmed dust from 

S<derberg cells (metric ton C/metric ton 

Al) (Equation F–6). 

(23) Initial weight of green anodes 

(metric tons) (Equation F–7 of § 98.63). 

(24) Annual hydrogen content in 

green anodes (metric tons) (Equation F– 

7). 

(25) Annual baked anode production 

(metric tons) (Equation F–7). 

(26) Annual waste tar collected 

(metric tons) (Equation F–7). 

(27) Annual packing coke 

consumption (metric tons/metric ton 

baked anode) (Equation F–8 of § 98.63). 

(28) Annual baked anode production 

(metric tons) (Equation F–8). 

(29) Sulfur content in packing coke 

(weight percent) (Equation F–8). 

(30) Ash content in packing coke 

(weight percent) (Equation F–8). 


tkelley on DSK3SPTVN1PROD with RULES3
Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 63785 

Subpart G—Ammonia Manufacturing 

■ 11. Section 98.76 is amended by 

removing and reserving paragraphs 

(b)(2) and (b)(7) through (11) and adding 

paragraphs (b)(14) and (15) to read as 

follows: 

§ 98.76 Data reporting requirements. 

* * * * * 

(b) * * * 

(14) Annual ammonia production 

(metric tons, sum of all process units 

reported within subpart G). 

(15) Annual methanol production for 

each process unit (metric tons). 

■ 12. Section 98.77 is amended by 

revising the introductory text and 

adding paragraph (c) to read as follows: 

§ 98.77 Records that must be retained. 

In addition to the records required by 

§ 98.3(g), you must retain the following 

records specified in paragraphs (a) 

through (c) of this section for each 

ammonia manufacturing unit. 

* * * * * 

(c) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (c)(1) through 

(7) of this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (c)(1) through 

(7) of this section. 

(1) Volume of each gaseous feedstock 

used in month (scf of feedstock) (in 

Equation G–1 of § 98.73). 

(2) Carbon content of each gaseous 

feedstock, for month (kg C per kg of 

feedstock) (in Equation G–1). 

(3) Molecular weight of each gaseous 

feedstock per ammonia manufacturing 

unit with gaseous feedstock (kg/kgmole) (Equation G–1). 

(4) Volume of each liquid feedstock 

used in month (gallons of feedstock) 

(Equation G–2 of § 98.73). 

(5) Carbon content of each liquid 

feedstock, for month (kg C per gallon of 

feedstock) (Equation G–2). 

(6) Mass of each solid feedstock used 

in month (kg of feedstock) (Equation G– 

3 of § 98.73). 

(7) Carbon content of each solid 

feedstock, for month (kg C per kg of 

feedstock) (Equation G–3). 

Subpart H—Cement Production 

■ 13. Section 98.86 is amended by: 

■ a. Removing and reserving paragraphs 

(b)(2), (5), (6), (8), (10), and (12); 

■ b. Revising paragraphs (b)(13) and 

(15); and 

■ c. Adding paragraphs (b)(16) through 

(18). 

The revisions and additions read as 

follows: 

§ 98.86 Data reporting requirements. 

* * * * * 

(b) * * * 

(13) Name of raw kiln feed or raw 

material. 

* * * * * 

(15) Method used to determine the 

monthly clinker production from each 

kiln. 

(16) Annual clinker production 

(metric tons). 

(17) Annual average clinker CO2

emission factor for the facility, averaged 

across all kilns (metric tons CO2/metric 

ton clinker produced). 

(18) Annual average CKD CO2

emission factor for the facility, averaged 

across all kilns (metric tons CO2/metric 

ton CKD produced). 

■ 14. Section 98.87 is amended by 

adding paragraph (c) to read as follows: 

§ 98.87 Records that must be retained. 

* * * * * 

(c) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (c)(1) through 

(17) of this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (c)(1) through 

(17) of this section. 

(1) Identify per kiln per month if 

clinker is measured directly, or is 

calculated from raw feed (Equation H– 

2 of § 98.83 and the method in 

§ 98.84(d)). 

(2) Quantity of raw kiln feed in month 

from kiln (tons) (Equation H–2 and the 

method in § 98.84(d)). 

(3) Kiln-specific factor per kiln per 

month (ton clinker per ton raw feed) 

(Equation H–2 and the method in 

§ 98.84(d)). 

(4) Quantity of clinker produced in 

month from kiln (tons) (Equation H–2 

and the method in § 98.84(d)). 

(5) Cement kiln dust (CKD) not 

recycled to the kiln in quarter from kiln 

(tons) (Equation H–2 and the method in 

§ 98.84(d)). 

(6) Monthly total CaO content of 

clinker per kiln (weight fraction) 

(Equation H–3 of § 98.83). 

(7) Monthly non-calcined CaO content 

of clinker per kiln (weight fraction) 

(Equation H–3). 

(8) Monthly total MgO content of 

clinker per kiln (weight fraction) 

(Equation H–3). 

(9) Monthly non-calcined MgO 

content of clinker per kiln (weight 

fraction) (Equation H–3). 

(10) Quarterly total CaO content of 

cement kiln dust not recycled to each 

kiln (weight fraction) (Equation H–4 of 

§ 98.83). 

(11) Quarterly non-calcined CaO 

content of cement kiln dust not recycled 

to each kiln (weight fraction) (Equation 

H–4). 

(12) Quarterly total MgO content of 

cement kiln dust not recycled to each 

kiln (weight fraction) (Equation H–4). 

(13) Quarterly non-calcined MgO 

content of cement kiln dust not recycled 

to each kiln (weight fraction) (Equation 

H–4). 

(14) The amount of each raw material 

consumed annually per kiln (tons/yr 

(dry basis)) (Equation H–5 of § 98.83). 

(15) The amount of each raw kiln feed 

consumed annually per kiln (tons/yr 

(dry basis)) (Equation H–5). 

(16) Organic carbon content of each 

raw material per kiln, as determined in 

§ 98.84(c). Default value is 0.002 weight 

fraction (Equation H–5). 

(17) Organic carbon content of 

combined raw kiln feed per kiln, as 

determined in § 98.84(c). Default value 

is 0.002 weight fraction (Equation H–5). 

Subpart K—Ferroalloy Production 

■ 15. Section 98.116 is amended by: 

■ a. Revising paragraph (b). 

■ b. Removing and reserving paragraphs 

(e)(4) and (5); and 

■ c. Revising paragraph (e)(6). 

The revisions read as follows: 

§ 98.116 Data reporting requirements. 

* * * * * 

(b) If a CEMS is used to measure CO2

emissions, report the annual production 

for each ferroalloy product identified in 

§ 98.110, from each EAF (tons). 

* * * * * 

(e) * * * 

(6) List the method used for the 

determination of carbon content for 

each material included for the 

calculation of annual process CO2

emissions for each EAF (e.g., supplier 

provided information, analyses of 

representative samples you collected). 

* * * * * 

■ 16. Section 98.117 is amended by 

revising the introductory text and 

adding paragraph (e) to read as follows: 

§ 98.117 Records that must be retained. 

In addition to the records required by 

§ 98.3(g), you must retain the records 

specified in paragraphs (a) through (e) of 

this section for each EAF, as applicable. 

* * * * * 

(e) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (e)(1) through 

(13) of this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (e)(1) through 

(13) of this section. 


tkelley on DSK3SPTVN1PROD with RULES3
63786 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 

(1) Carbon content in reducing agent 

(percent by weight, expressed as a 

decimal fraction) (Equation K–1 of 

§ 98.113). 

(2) Annual mass of reducing agent 

fed, charged, or otherwise introduced 

into the EAF (tons) (Equation K–1). 

(3) Carbon content of carbon electrode 

(percent by weight, expressed as a 

decimal fraction) (Equation K–1). 

(4) Annual mass of carbon electrode 

consumed in the EAF (tons) (Equation 

K–1). 

(5) Carbon content in ore (percent by 

weight, expressed as a decimal fraction) 

(Equation K–1). 

(6) Annual mass of ore charged to the 

EAF (tons) (Equation K–1). 

(7) Carbon content in flux material 

(percent by weight, expressed as a 

decimal fraction) (Equation K–1). 

(8) Annual mass of flux material fed, 

charged, or otherwise introduced into 

the EAF to facilitate slag formation 

(tons) (Equation K–1). 

(9) Carbon content in alloy product 

(percent by weight, expressed as a 

decimal fraction) (Equation K–1). 

(10) Annual mass of alloy product 

produced/tapped in the EAF (tons) 

(Equation K–1). 

(11) Carbon content in non-product 

outgoing material (percent by weight, 

expressed as a decimal fraction) 

(Equation K–1). 

(12) Annual mass of non-product 

outgoing material removed from EAF 

(tons) (Equation K–1). 

(13) CH4 emission factor selected from 

Table K–1 of this subpart for each 

product (kg of CH4 emissions/metric ton 

of alloy product) (Equation K–3 of 

§ 98.113). 

Subpart N—Glass Production 

■ 17. Section 98.146 is amended by 

revising paragraph (b)(2) and removing 

and reserving paragraphs (b)(4) and (6) 

to read as follows: 

§ 98.146 Data reporting requirements. 

* * * * * 

(b) * * * 

(2) Annual quantity of each carbonatebased raw material charged (tons) to all 

furnaces combined. 

* * * * * 

■ 18. Section 98.147 is amended by 

revising the introductory text and 

adding paragraph (d) to read as follows: 

§ 98.147 Records that must be retained. 

In addition to the information 

required by § 98.3(g), you must retain 

the records listed in paragraphs (a) 

through (d) of this section. 

* * * * * 

(d) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (d)(1) through 

(3) of this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (d)(1) through 

(3) of this section. 

(1) Annual average decimal mass 

fraction of carbonate-based mineral in 

each carbonate-based raw material for 

each continuous glass melting furnace 

(specify the default value, if used, or the 

value determined according to § 98.144) 

(percentage, expressed as a decimal) 

(Equation N–1 of § 98.143). 

(2) Annual amount of each carbonatebased raw material charged to each 

continuous glass melting furnace (tons) 

(Equation N–1). 

(3) Decimal fraction of each 

calcination achieved for carbonatebased raw material for each continuous 

glass melting furnace (specify the 

default value, if used, or the value 

determined according to § 98.144) 

(percentage, expressed as a decimal) 

(Equation N–1). 

Subpart O—HCFC–22 Production and 

HFC–23 Destruction 

■ 19. Section 98.156 is amended by: 

■ a. Removing and reserving paragraphs 

(a)(2), (a)(7) through (10), and (b)(1) and 

(2); 

■ b. Revising paragraph (d) introductory 

text; and 

■ c. Removing and reserving paragraphs 

(d)(1) and (5) and (e)(1). 

The revisions read as follows: 

§ 98.156 Data reporting requirements. 

* * * * * 

(d) If the HFC–23 concentration 

measured pursuant to § 98.154(l) is 

greater than that measured during the 

performance test that is the basis for the 

destruction efficiency (DE), the facility 

shall report the following: 

* * * * * 

■ 20. Section 98.157 is amended by 

adding paragraph (c) to read as follows: 

§ 98.157 Records that must be retained. 

* * * * * 

(c) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (c)(1) through 

(16) of this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (c)(1) through 

(16) of this section. 

(1) Factor to account for the loss of 

HCFC–22 upstream of the measurement 

over the period, determined pursuant to 

§ 98.154(e) (Equation O–3 of § 98.153). 

(2) Mass of HCFC–22 that is measured 

coming out of the production process 

over the period. A period can be one 

year (kg) (Equation O–3). 

(3) Mass of used HCFC–22 that is 

added to the production process 

upstream of the output measurement 

over the period. A period can be one 

year (kg) (Equation O–3). 

(4) Mass of HFC–23 generated 

annually per HCFC–22 production 

process (metric tons) (Equation O–4 of 

§ 98.153). 

(5) Mass of HFC–23 sent off site for 

sale annually per HCFC–22 production 

process (metric tons) (Equation O–4). 

(6) Mass of HFC–23 sent off site for 

destruction annually per HCFC–22 

production process (metric tons) 

(Equation O–4). 

(7) Mass of HFC–23 destroyed on site 

per HCFC–22 production process 

(metric tons) (Equation O–4). 

(8) HFC–23 in storage at end of year 

per HCFC–22 production process 

(metric tons) (Equation O–4). 

(9) HFC–23 in storage at beginning of 

year per HCFC–22 production process 

(metric tons) (Equation O–4). 

(10) Mass of HFC–23 fed into each 

destruction device annually per HCFC– 

22 production process (metric tons) 

(Equation O–9 of § 98.153 and the 

calculation method in either 

§ 98.154(l)(1) or (2)). 

(11) Identify if each destruction 

efficiency for each HCFC-22 production 

process is entered directly, or is 

calculated using § 98.154(l)(1), or is 

calculated using § 98.154(l)(2) (Equation 

O–9 and the calculation method in 

either § 98.154(l)(1) or (2)). 

(12) Destruction efficiency of each 

destruction device for each HCFC-22 

production process (decimal fraction) 

(Equation O–9 and the calculation 

method in either § 98.154(l)(1) or (2)). 

(13) Volumetric flow rate at the inlet 

of each destruction device for each 

HCFC-22 production process from 

previous test (kg/hr) (Equation O–9 and 

the calculation method in either 

§ 98.154(l)(1) or (2)). 

(14) Volumetric flow rate at the inlet 

of destruction device during test for 

each HCFC-22 production process (kg/

hr) (Equation O–9 and the calculation 

method in either § 98.154(l)(1) or (2)). 

(15) Concentration of HFC-23 at the 

inlet of destruction device for each 

HCFC-22 production process from 

previous test (weight fraction) (Equation 

O–9 and the calculation method in 

either § 98.154(l)(1) or (2)). 

(16) Concentration of HFC-23 at the 

inlet of destruction device for each 

HCFC-22 production process during test 

(weight fraction) (Equation O–9 and the 

calculation method in either 

§ 98.154(l)(1) or (2)). 


tkelley on DSK3SPTVN1PROD with RULES3
Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 63787 

Subpart P—Hydrogen Production 

■ 21. Section 98.166 is amended by: 

■ a. Revising the introductory text; 

■ b. Removing and reserving paragraphs 

(b)(2), (5), and (6); and 

■ c. Adding paragraphs (b)(7) and (e). 

The revisions and additions read as 

follows: 

§ 98.166 Data reporting requirements. 

In addition to the information 

required by § 98.3(c), each annual report 

must contain the information specified 

in paragraphs (a) or (b) of this section, 

as appropriate, and paragraphs (c) 

through (e) of this section: 

* * * * * 

(b) * * * 

(7) Name and annual quantity (metric 

tons) of each carbon-containing fuel and 

feedstock. 

* * * * * 

(e) Annual methanol production 

(metric tons) for each process unit. 

■ 22. Section 98.167 is amended by 

revising the introductory text and 

adding paragraph (e) to read as follows: 

§ 98.167 Records that must be retained. 

In addition to the information 

required by § 98.3(g), you must retain 

the records specified in paragraphs (a) 

through (e) of this section for each 

hydrogen production facility. 

* * * * * 

(e) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (e)(1) through 

(12) of this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (e)(1) through 

(12) of this section. 

(1) Indicate whether the monthly 

consumption of each gaseous fuel or 

feedstock is measured as mass or 

volume (Equation P–1 of § 98.163). 

(2) Monthly volume of the gaseous 

fuel or feedstock (scf at standard 

conditions of 68 °F and atmospheric 

pressure) (Equation P–1). 

(3) Monthly mass of the gaseous fuel 

or feedstock (kg of fuel or feedstock) 

(Equation P–1). 

(4) Average monthly carbon content of 

the gaseous fuel or feedstock (kg C per 

kg of fuel or feedstock) (Equation P–1). 

(5) Average monthly molecular weight 

of the gaseous fuel or feedstock (kg/kgmole) (Equation P–1). 

(6) Indicate whether the monthly 

consumption of each liquid fuel or 

feedstock is measured as mass or 

volume (Equation P–2 of § 98.163). 

(7) Monthly volume of the liquid fuel 

or feedstock (gallons of fuel or 

feedstock) (Equation P–2). 

(8) Monthly mass of the liquid fuel or 

feedstock (kg of fuel or feedstock) 

(Equation P–2). 

(9) Average monthly carbon content of 

the liquid fuel or feedstock (kg C per 

gallon of fuel or feedstock) (Equation P– 

2). 

(10) Average monthly carbon content 

of the liquid fuel or feedstock (kg C per 

kg of fuel or feedstock) (Equation P–2). 

(11) Monthly mass of solid fuel or 

feedstock (kg of fuel and feedstock) 

(Equation P–3 of § 98.163). 

(12) Average monthly carbon content 

of the solid fuel or feedstock (kg C per 

kg of fuel and feedstock) (Equation P– 

3). 

Subpart Q—Iron and Steel Production 

■ 23. Section 98.176 is amended by: 

■ a. Revising paragraph (b); 

■ b. Removing and reserving paragraphs 

(e)(1), (3), and (4); 

■ c. Adding paragraph (e)(6); and 

■ c. Removing and reserving paragraphs 

(f)(2) through (4) and (g). 

The revisions and additions read as 

follows: 

§ 98.176 Data reporting requirements. 

* * * * * 

(b) If a CEMS is used to measure CO2

emissions, then you must report the 

annual production quantity for the 

production unit (in metric tons) for 

taconite pellets, coke, sinter, iron, and 

raw steel. 

* * * * * 

(e) * * * 

(6) The information specified in 

paragraphs (e)(6)(i) through (vi) of this 

section aggregated for all process units 

for which CO2 emissions were 

determined using the mass balance 

method in § 98.173(b)(1), except as 

provided in § 98.174(b)(4). 

(i) The annual mass (metric tons) of 

all gaseous, liquid, and solid fuels 

(combined) used in process units for 

which CO2 emissions were determined 

using Equations Q–1 through Q–7 of 

§ 98.173, calculated as specified in 

Equation Q–9 of this section. 

Where: 

Fuel = Annual mass of all gaseous, liquid, 

and solid fuels used in process units 

(metric tons). 

n = Number of process units where fuel is 

used. 

Fg,i = Annual volume of gaseous fuel 

combusted (‘‘(Fg)’’ in Equations Q–1, Q– 

4 and Q–7 of § 98.173) for each process 

(scf). 

MWi = Molecular weight of gaseous fuel used 

in each process (kg/kg-mole). 

MVC = Molar volume conversion factor at 

standard conditions, as defined in § 98.6. 

Use 849.5 scf per kg mole if you select 

68°F as standard temperature and 836.6 

scf per kg mole if you select 60°F as 

standard temperature. 

Fl,i = Annual volume of the liquid fuel 

combusted (‘‘(Fl)’’ included in Equation 

Q–1) for each process unit (gallons). 

Fs,i = Annual mass of the solid fuel 

combusted (‘‘(Fs)’’ in Equation Q–1) for 

each process unit (metric tons). 

rl,i = Density of the liquid fuel (kg/gallon). 

0.001 = Conversion factor from kg to metric 

tons. 

(ii) The annual mass (metric tons) of 

all non-fuel material inputs (combined) 

specified in Equations Q–1 through Q– 

7 of § 98.173, calculated as specified in 

Equation Q–10 of this section. 

Where: 

NFI = Annual mass of all non-fuel inputs (to 

all process unit types) specified in 

Equations Q–1 through Q–7 of § 98.173 

(metric tons). 

n = Number of process units, all process 

types. 

O = Annual mass of greenball (taconite) 

pellets fed to the taconite furnace(s) 

(metric tons). 

Iron = Annual mass of molten iron charged 

to the basic oxygen furnace(s) plus 

annual mass of direct reduced iron 

charged to the EAF(s) (metric tons). 


tkelley on DSK3SPTVN1PROD with RULES3ER24OC14.011</GPH> ER24OC14.012</GPH>
63788 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 

Scrap = Annual mass of ferrous scrap 

charged to the basic oxygen furnace(s) 

and EAF(s) (metric tons). 

Flux = Annual mass of flux materials charged 

to the basic oxygen furnace(s) and EAF(s) 

(metric tons). 

Carbon = Annual mass of carbonaceous 

materials (e.g., coal, coke) charged to the 

basic oxygen furnace(s), EAF(s), and 

direct reduction furnace(s) (metric tons). 

Coal = Annual mass of coal charged to the 

coke oven battery(s) (metric tons). 

Feed = Annual mass of sinter feed material 

charged to the sinter process(es) (metric 

tons). 

Electrode = Annual mass of carbon electrode 

consumed in the EAF(s) (metric tons). 

Steelin = Annual mass of molten steel charged 

to the decarburization vessels (metric 

tons). 

Ore = Annual mass of iron ore or iron ore 

pellets fed to the direct reduction 

furnace(s) (metric tons). 

Other = Annual mass of other materials 

charged to the direction reduction 

furnace(s) (metric tons). 

(iii) The annual mass (metric tons) of 

all solid and liquid products and 

byproducts (combined) specified in 

Equations Q–1 through Q–7 of § 98.173, 

calculated as specified in Equation Q– 

11 of this section. 

Where: 

Products = Annual mass of all solid and 

liquid products and by-products (from 

all process units) specified in Equations 

Q–1 through Q–7 of § 98.173 (metric 

tons). 

n = Number of process units, all types. 

P = Annual mass of fired pellets produced by 

the taconite furnace (metric tons). 

R = Annual mass of air pollution control 

residue from all process units (metric 

tons). 

Steelout = Annual mass of steel produced by 

the basic oxygen furnace(s), EAF(s) and 

decarburization vessel(s) (metric tons). 

Slag = Annual mass of slag produced by the 

basic oxygen furnace(s) and EAF(s) 

(metric tons). 

Coke = Annual mass of coke produced by the 

non-recovery coke batteries (metric tons). 

Sinter = Annual mass of sinter produced 

from the sinter process(es) (metric tons). 

Iron = Annual mass of iron produced from 

the direct reduction furnace (metric 

tons). 

NM = Annual mass of non-metallic materials 

produced by the direct reduction furnace 

(metric tons). 

(iv) The weighted average carbon 

content of all gaseous, liquid, and solid 

fuels (combined) included in Equation 

Q–9 of this section, calculated as 

specified in Equation Q–12 of this 

section. 

Where: 

CFavg = Weighted average carbon content of 

all gaseous, liquid, and solid fuels 

included in Equation Q–9 of this section 

(weight fraction). 

n = Number of gaseous, liquid, and solid fuel 

input to each process unit as used in 

Equation Q–9. 

Cgf,i = Average carbon content of the gaseous 

fuel used in each process, from the fuel 

analysis results (kg C per kg of fuel). 

Clf,i = Carbon content of the liquid fuel used 

in each process, from the fuel analysis 

results (kg C per gallon of fuel. 

Csf = Carbon content of the solid fuel used 

in each process, from the fuel analysis 

(expressed as a decimal fraction, e.g., 

95% = 0.95). 

Fuel = Annual mass of all gaseous, liquid, 

and solid fuels used in process units 

(metric tons), as calculated in Equation 

Q–9. 

(v) The weighted average carbon 

content of all non-fuel inputs to all 

process units (combined) included in 

Equation Q–10 of this section, 

calculated as specified in Equation Q– 

13 of this section. 

Where: 

CIavg = Weighted average carbon content of 

all non-fuel inputs to all process units 

included in Equation Q–10 of this 

section (weight fraction). 

n = Number of non-fuel inputs to all process 

units as used in Equation Q–10. 

NFIi = Annual mass of each non-fuel input 

used in Equation Q–10 (metric tons). 

CNFIi = Average carbon content of each nonfuel input used in Equation Q–10 

(expressed as a decimal fraction). 

NFI = Total of all non-fuel inputs to all 

process units (metric tons). 

(vi) The weighted average carbon 

content of all solid and liquid products 

and byproducts from all process units 

(combined) included in Equation Q–11 

of this section, calculated as specified in 

Equation Q–14 of this section. 

Where: 

CPavg = Weighted average carbon content of 

all solid and liquid products and 

byproducts from all process units 

(weight fraction). 

n = Number of products and byproducts from 

each process unit as used in Equation Q– 

11 of this section. 

Producti = Annual mass of each product or 

byproduct used in Equation Q–11 

(metric tons). 

Cp,i = Average carbon content of each product 

or byproduct used in Equation Q–11 

(expressed as a decimal fraction). 

Products = Mass of all products and 

byproducts from all process units, 

calculated in Equation Q–11 (metric 

tons). 

* * * * * 

■ 24. Section 98.177 is amended by 

revising the introductory text and 

adding paragraph (f) to read as follows: 


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Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 63789 

§ 98.177 Records that must be retained. 

In addition to the records required by 

§ 98.3(g), you must retain the records 

specified in paragraphs (a) through (f) of 

this section, as applicable. Facilities that 

use CEMS to measure emissions must 

also retain records of the verification 

data required for the Tier 4 Calculating 

Methodology in § 98.36(e). 

* * * * * 

(f) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (f)(1) through (9) 

of this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (f)(1) through 

(9) of this section. 

(1) The data in paragraphs (f)(1)(i) 

through (xxv) of this section for each 

applicable taconite indurating furnace 

for which the carbon mass balance 

method of reporting is used. 

(i) Annual mass of each solid fuel 

(metric tons) (Equation Q–1 of § 98.173). 

(ii) Carbon content of each solid fuel, 

from the fuel analysis (expressed as a 

decimal fraction) (Equation Q–1). 

(iii) Annual volume of each gaseous 

fuel (scf) (Equation Q–1). 

(iv) Average carbon content of each 

gaseous fuel, from the fuel analysis 

results (kg C per kg of fuel) (Equation 

Q–1). 

(v) Molecular weight of each gaseous 

fuel (kg/kg-mole) (Equation Q–1). 

(vi) Annual volume of each liquid fuel 

(gallons) (Equation Q–1). 

(vii) Carbon content of each liquid 

fuel, from the fuel analysis results (kg C 

per gallon of fuel) (Equation Q–1). 

(viii) Annual mass of the greenball 

(taconite) pellets fed to the furnace 

(metric tons) (Equation Q–1). 

(ix) Carbon content of the greenball 

(taconite) pellets, from the carbon 

analysis results (expressed as a decimal 

fraction) (Equation Q–1). 

(x) Annual mass of fired pellets 

produced by the furnace (metric tons) 

(Equation Q–1). 

(xi) Carbon content of the fired 

pellets, from the carbon analysis results 

(expressed as a decimal fraction) 

(Equation Q–1). 

(xii) Annual mass of air pollution 

control residue collected (metric tons) 

(Equation Q–1). 

(xiii) Carbon content of the air 

pollution control residue, from the 

carbon analysis results (expressed as a 

decimal fraction) (Equation Q–1). 

(xiv) Annual mass of each other solid 

input containing carbon fed to each 

furnace (metric tons) (Equation Q–1). 

(xv) Carbon content of each other 

solid input containing carbon fed to 

each furnace (expressed as a decimal 

fraction) (Equation Q–1). 

(xvi) Annual mass of each other solid 

output containing carbon produced by 

each furnace (metric tons) (Equation 

Q–1). 

(xvii) Carbon content of each other 

solid output containing carbon 

(expressed as a decimal fraction) 

(Equation Q–1). 

(xviii) Annual mass of each other 

gaseous input containing carbon fed to 

each furnace (metric tons) (Equation 

Q–1). 

(xix) Carbon content of each other 

gaseous input containing carbon fed to 

each furnace (expressed as a decimal 

fraction) (Equation Q–1). 

(xx) Annual mass of each other 

gaseous output containing carbon 

produced by each furnace (metric tons) 

(Equation Q–1). 

(xxi) Carbon content of each other 

gaseous output containing carbon 

produced by each furnace (expressed as 

a decimal fraction) (Equation Q–1). 

(xxii) Annual mass of each other 

liquid input containing carbon fed to 

each furnace (metric tons) (Equation 

Q–1). 

(xxiii) Carbon content of each other 

liquid input containing carbon fed to 

each furnace (expressed as a decimal 

fraction) (Equation 

Q–1). 

(xxiv) Annual mass of each other 

liquid output containing carbon 

produced by each furnace (metric tons) 

(Equation Q–1). 

(xxv) Carbon content of each other 

liquid output containing carbon 

produced by each furnace (expressed as 

a decimal fraction) (Equation Q–1). 

(2) The data in paragraphs (f)(2)(i) 

through (xxvi) of this section for each 

applicable basic oxygen process furnace 

for which the carbon mass balance 

method of reporting is used. 

(i) Annual mass of molten iron 

charged to the furnace (metric tons) 

(Equation Q–2 of § 98.173). 

(ii) Carbon content of the molten iron 

charged to the furnace, from the carbon 

analysis results (expressed as a decimal 

fraction) (Equation Q–2). 

(iii) Annual mass of ferrous scrap 

charged to the furnace (metric tons) 

(Equation Q–2). 

(iv) Carbon content of the ferrous 

scrap charged to the furnace, from the 

carbon analysis results (expressed as a 

decimal fraction) (Equation Q–2). 

(v) Annual mass of the flux materials 

(e.g., limestone, dolomite) charged to 

the furnace (metric tons) (Equation 

Q–2). 

(vi) Carbon content of the flux 

materials charged to the furnace, from 

the carbon analysis results (expressed as 

a decimal fraction) (Equation Q–2). 

(vii) Annual mass of the carbonaceous 

materials (e.g., coal, coke) charged to the 

furnace (metric tons) (Equation Q–2). 

(viii) Carbon content of the 

carbonaceous materials charged to the 

furnace, from the carbon analysis results 

(expressed as a decimal fraction) 

(Equation Q–2). 

(ix) Annual mass of molten raw steel 

produced by the furnace (metric tons) 

(Equation Q–2). 

(x) Carbon content of the steel 

produced by the furnace, from the 

carbon analysis results (expressed as a 

decimal fraction) (Equation Q–2). 

(xi) Annual mass of slag produced by 

the furnace (metric tons) (Equation 

Q–2). 

(xii) Carbon content of the slag 

produced by the furnace, from the 

carbon analysis (expressed as a decimal 

fraction) (Equation Q–2). 

(xiii) Annual mass of air pollution 

control residue collected for the furnace 

(metric tons) (Equation Q–2). 

(xiv) Carbon content of the air 

pollution control residue collected for 

the furnace, from the carbon analysis 

results (expressed as a decimal fraction) 

(Equation Q–2). 

(xv) Annual mass of each other solid 

input containing carbon fed to each 

furnace (metric tons) (Equation Q–2). 

(xvi) Carbon content of each other 

solid input containing carbon fed to 

each furnace (expressed as a decimal 

fraction) (Equation Q–2). 

(xvii) Annual mass of each other solid 

output containing carbon produced by 

each furnace (metric tons) (Equation 

Q–2). 

(xviii) Carbon content of each other 

solid output containing carbon 

(expressed as a decimal fraction) 

(Equation 

Q–2). 

(xix) Annual mass of each other 

gaseous input containing carbon fed to 

each furnace (metric tons) (Equation 

Q–2). 

(xx) Carbon content of each other 

gaseous input containing carbon fed to 

each furnace (expressed as a decimal 

fraction) (Equation Q–2). 

(xxi) Annual mass of each other 

gaseous output containing carbon 

produced by each furnace (metric tons) 

(Equation Q–2). 

(xxii) Carbon content of each other 

gaseous output containing carbon 

produced by each furnace (expressed as 

a decimal fraction) (Equation Q–2). 

(xxiii) Annual mass of each other 

liquid input containing carbon fed to 

each furnace (metric tons) (Equation Q– 

2). 

(xxiv) Carbon content of each other 

liquid input containing carbon fed to 

each furnace (expressed as a decimal 

fraction) (Equation Q–2). 


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(xxv) Annual mass of each other 

liquid output containing carbon 

produced by each furnace (metric tons) 

(Equation Q–2). 

(xxvi) Carbon content of each other 

liquid output containing carbon 

produced by each furnace (expressed as 

a decimal fraction) (Equation Q–2). 

(3) The data in paragraphs (f)(3)(i) 

through (xviii) of this section for each 

applicable non-recovery coke oven 

battery for which the carbon mass 

balance method of reporting is used. 

(i) Annual mass of coal charged to the 

battery (metric tons) (Equation Q–3 of 

§ 98.173). 

(ii) Carbon content of the coal, from 

the carbon analysis results (expressed as 

a decimal fraction) (Equation Q–3). 

(iii) Annual mass of coke produced by 

the battery (metric tons) (Equation Q–3). 

(iv) Carbon content of the coke, from 

the carbon analysis results (expressed as 

a decimal fraction) (Equation Q–3). 

(v) Annual mass of air pollution 

control residue collected (metric tons) 

(Equation Q–3). 

(vi) Carbon content of the air 

pollution control residue, from the 

carbon analysis results (expressed as a 

decimal fraction) (Equation Q–3). 

(vii) Annual mass of each other solid 

input containing carbon fed to each 

battery (metric tons) (Equation Q–3). 

(viii) Carbon content of each other 

solid input containing carbon fed to 

each battery (expressed as a decimal 

fraction) (Equation Q–3). 

(ix) Annual mass of each other solid 

output containing carbon produced by 

each battery (metric tons) (Equation 

Q–3). 

(x) Carbon content of each other solid 

output containing carbon (expressed as 

a decimal fraction) (Equation Q–3). 

(xi) Annual mass of each other 

gaseous input containing carbon fed to 

each battery (metric tons) (Equation 

Q–3). 

(xii) Carbon content of each other 

gaseous input containing carbon fed to 

each battery (expressed as a decimal 

fraction) (Equation Q–3). 

(xiii) Annual mass of each other 

gaseous output containing carbon 

produced by each battery (metric tons) 

(Equation Q–3). 

(xiv) Carbon content of each other 

gaseous output containing carbon 

produced by each battery (expressed as 

a decimal fraction) (Equation Q–3). 

(xv) Annual mass of each other liquid 

input containing carbon fed to each 

battery (metric tons) (Equation Q–3). 

(xvi) Carbon content of each other 

liquid input containing carbon fed to 

each battery (expressed as a decimal 

fraction) (Equation Q–3). 

(xvii) Annual mass of each other 

liquid output containing carbon 

produced by each battery (metric tons) 

(Equation Q–3). 

(xviii) Carbon content of each other 

liquid output containing carbon 

produced by each battery (expressed as 

a decimal fraction) (Equation Q–3). 

(4) The data in paragraphs (f)(4)(i) 

through (xxi) of this section for each 

applicable sinter process for which the 

carbon mass balance method of 

reporting is used. 

(i) Annual volume of the gaseous fuel 

(scf) (Equation Q–4 of § 98.173). 

(ii) Carbon content of the gaseous fuel, 

from the fuel analysis results (kg C per 

kg of fuel) (Equation Q–4). 

(iii) Molecular weight of the gaseous 

fuel (kg/kg-mole) (Equation Q–4). 

(iv) Annual mass of sinter feed 

material (metric tons) (Equation Q–4). 

(v) Carbon content of the mixed sinter 

feed materials that form the bed entering 

the sintering machine, from the carbon 

analysis results (expressed as a decimal 

fraction) (Equation Q–4). 

(vi) Annual mass of sinter produced 

(metric tons) (Equation Q–4). 

(vii) Carbon content of the sinter 

pellets, from the carbon analysis results 

(expressed as a decimal fraction) 

(Equation Q–4). 

(viii) Annual mass of air pollution 

control residue collected (metric tons) 

(Equation Q–4). 

(ix) Carbon content of the air 

pollution control residue, from the 

carbon analysis results (expressed as a 

decimal fraction) (Equation Q–4). 

(x) Annual mass of each other solid 

input containing carbon fed to each 

sinter process (metric tons) (Equation 

Q–4). 

(xi) Carbon content of each other solid 

input containing carbon fed to each 

sinter process (expressed as a decimal 

fraction) (Equation Q–4). 

(xii) Annual mass of each other solid 

output containing carbon produced by 

each sinter process (metric tons) 

(Equation Q–4). 

(xiii) Carbon content of each other 

solid output containing carbon 

(expressed as a decimal fraction) 

(Equation Q–4). 

(xiv) Annual mass of each other 

gaseous input containing carbon fed to 

each sinter process (metric tons) 

(Equation Q–4). 

(xv) Carbon content of each other 

gaseous input containing carbon fed to 

each sinter process (expressed as a 

decimal fraction) (Equation Q–4). 

(xvi) Annual mass of each other 

gaseous output containing carbon 

produced by each sinter process (metric 

tons) (Equation Q–4). 

(xvii) Carbon content of each other 

gaseous output containing carbon 

produced by each sinter process 

(expressed as a decimal fraction) 

(Equation Q–4). 

(xviii) Annual mass of each other 

liquid input containing carbon fed to 

each sinter process (metric tons) 

(Equation Q–4). 

(xix) Carbon content of each other 

liquid input containing carbon fed to 

each sinter process (expressed as a 

decimal fraction) (Equation Q–4). 

(xx) Annual mass of each other liquid 

output containing carbon produced by 

each sinter process (metric tons) 

(Equation Q–4). 

(xxi) Carbon content of each other 

liquid output containing carbon 

produced by each sinter process 

(expressed as a decimal fraction) 

(Equation Q–4). 

(5) The data in paragraphs (f)(5)(i) 

through (xxxi) of this section for each 

applicable electric arc furnace for which 

the carbon mass balance method of 

reporting is used. 

(i) Annual mass of direct reduced iron 

(if any) charged to the furnace (metric 

tons) (Equation Q–5 of § 98.173). 

(ii) Carbon content of the direct 

reduced iron, from the carbon analysis 

results (expressed as a decimal fraction) 

(Equation Q–5) 

(iii) Annual mass of ferrous scrap 

charged to the furnace (metric tons) 

(Equation Q–5). 

(iv) Carbon content of the ferrous 

scrap, from the carbon analysis results 

(expressed as a decimal fraction) 

(Equation Q–5). 

(v) Annual mass of flux materials 

(e.g., limestone, dolomite) charged to 

the furnace (metric tons) (Equation 

Q–5). 

(vi) Carbon content of the flux 

materials, from the carbon analysis 

results (expressed as a decimal fraction) 

(Equation Q–5). 

(vii) Annual mass of carbon electrode 

consumed (metric tons) (Equation Q–5). 

(viii) Carbon content of the carbon 

electrode, from the carbon analysis 

results (expressed as a decimal fraction) 

(Equation Q–5). 

(ix) Annual mass of carbonaceous 

materials (e.g., coal, coke) charged to the 

furnace (metric tons) (Equation Q–5). 

(x) Carbon content of the 

carbonaceous materials, from the carbon 

analysis results (expressed as a decimal 

fraction) (Equation Q–5). 

(xi) Annual mass of molten raw steel 

produced by the furnace (metric tons) 

(Equation Q–5). 

(xii) Carbon content of the steel, from 

the carbon analysis results (expressed as 

a decimal fraction) (Equation Q–5). 

(xiii) Annual volume of the gaseous 

fuel (scf at 60F and 1 atm) (Equation 

Q–5). 

(xiv) Average carbon content of the 

gaseous fuel, from the fuel analysis 


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results (kg C per kg of fuel) (Equation 

Q–5). 

(xv) Molecular weight of the gaseous 

fuel (kg/kg-mole) (Equation Q–5). 

(xvi) Annual mass of slag produced by 

the furnace (metric tons) (Equation 

Q–5). 

(xvii) Carbon content of the slag, from 

the carbon analysis (expressed as a 

decimal fraction) (Equation Q–5). 

(xviii) Annual mass of air pollution 

control residue collected (metric tons) 

(Equation Q–5). 

(xix) Carbon content of the air 

pollution control residue, from the 

carbon analysis results (expressed as a 

decimal fraction) (Equation Q–5). 

(xx) Annual mass of each other solid 

input containing carbon fed to each 

furnace (metric tons) (Equation Q–5). 

(xxi) Carbon content of each other 

solid input containing carbon fed to 

each furnace (expressed as a decimal 

fraction) (Equation Q–5). 

(xxii) Annual mass of each other solid 

output containing carbon produced by 

each furnace (metric tons) (Equation

Q–5). 

(xxiii) Carbon content of each other 

solid output containing carbon 

(expressed as a decimal fraction) 

(Equation 

Q–5). 

(xxiv) Annual mass of each other 

gaseous input containing carbon fed to 

each furnace (metric tons) (Equation 

Q–5). 

(xxv) Carbon content of each other 

gaseous input containing carbon fed to 

each furnace (expressed as a decimal 

fraction) (Equation Q–5). 

(xxvi) Annual mass of each other 

gaseous output containing carbon 

produced by each furnace (metric tons) 

(Equation Q–5). 

(xxvii) Carbon content of each other 

gaseous output containing carbon 

produced by each furnace (expressed as 

a decimal fraction) (Equation Q–5). 

(xxviii) Annual mass of each other 

liquid input containing carbon fed to 

each furnace (metric tons) (Equation 

Q–5). 

(xxix) Carbon content of each other 

liquid input containing carbon fed to 

each furnace (expressed as a decimal 

fraction) (Equation Q–5). 

(xxx) Annual mass of each other 

liquid output containing carbon 

produced by each furnace (metric tons) 

(Equation Q–5). 

(xxxi) Carbon content of each other 

liquid output containing carbon 

produced by each furnace (expressed as 

a decimal fraction) (Equation Q–5). 

(6) The data in paragraphs (f)(6)(i) 

through (xvii) of this section for each 

applicable decarburization vessel for 

which the carbon mass balance method 

of reporting is used. 

(i) Annual mass of molten steel 

charged to the vessel (metric tons) 

(Equation Q–6 of § 98.173). 

(ii) Carbon content of the molten steel 

before decarburization, from the carbon 

analysis results (expressed as a decimal 

fraction) (Equation Q–6). 

(iii) Carbon content of the molten 

steel after decarburization, from the 

carbon analysis results (expressed as a 

decimal fraction) (Equation Q–6). 

(iv) Annual mass of air pollution 

control residue collected (metric tons) 

(Equation Q–6). 

(v) Carbon content of the air pollution 

control residue, from the carbon 

analysis results (expressed as a decimal 

fraction) (Equation Q–6). 

(vi) Annual mass of each other solid 

input containing carbon fed to each 

decarburization vessel (metric tons) 

(Equation Q–6). 

(vii) Carbon content of each other 

solid input containing carbon fed to 

each decarburization vessel (expressed 

as a decimal fraction) (Equation Q–6). 

(viii) Annual mass of each other solid 

output containing carbon produced by 

each decarburization vessel (metric 

tons) (Equation Q–6). 

(ix) Carbon content of each other solid 

output containing carbon (expressed as 

a decimal fraction) (Equation Q–6). 

(x) Annual mass of each other gaseous 

input containing carbon fed to each 

decarburization vessel (metric tons) 

(Equation Q–6). 

(xi) Carbon content of each other 

gaseous input containing carbon fed to 

each decarburization vessel (expressed 

as a decimal fraction) (Equation Q–6). 

(xii) Annual mass of each other 

gaseous output containing carbon 

produced by each decarburization 

vessel (metric tons) (Equation Q–6). 

(xiii) Carbon content of each other 

gaseous output containing carbon 

produced by each decarburization 

vessel (expressed as a decimal fraction) 

(Equation Q–6). 

(xiv) Annual mass of each other liquid 

input containing carbon fed to each 

decarburization vessel (metric tons) 

(Equation Q–6). 

(xv) Carbon content of each other 

liquid input containing carbon fed to 

each decarburization vessel (expressed 

as a decimal fraction) (Equation Q–6). 

(xvi) Annual mass of each other liquid 

output containing carbon produced by 

each decarburization vessel (metric 

tons) (Equation Q–6). 

(xvii) Carbon content of each other 

liquid output containing carbon 

produced by each decarburization 

vessel (expressed as a decimal fraction) 

(Equation Q–6). 

(7) The data in paragraphs (f)(7)(i) 

through (xxvii) of this section for each 

applicable direct reduction furnace for 

which the carbon mass balance method 

of reporting is used. 

(i) Annual volume of the gaseous fuel 

(scf at 68F and 1 atm) (Equation Q–7 of 

§ 98.173). 

(ii) Average carbon content of the 

gaseous fuel, from the fuel analysis 

results (kg C per kg of fuel) (Equation 

Q–7). 

(iii) Molecular weight of the gaseous 

fuel (kg/kg-mole) (Equation Q–7). 

(iv) Annual mass of iron ore or iron 

pellets fed to the furnace (metric tons) 

(Equation Q–7). 

(v) Carbon content of the iron ore or 

iron pellets, from the carbon analysis 

(expressed as a decimal fraction) 

(Equation Q–7). 

(vi) Annual mass of carbonaceous 

materials (e.g., coal, coke) charged to the 

furnace (metric tons) (Equation Q–7). 

(vii) Carbon content of the 

carbonaceous materials, from the carbon 

analysis results (expressed as a decimal 

fraction) (Equation Q–7). 

(viii) Annual mass of each other 

material charged to the furnace (metric 

tons) (Equation Q–7). 

(ix) Average carbon content of each 

other material charged to the furnace, 

from the carbon analysis results 

(expressed as a decimal fraction) 

(Equation Q–7). 

(x) Annual mass of iron produced 

(metric tons) (Equation Q–7). 

(xi) Carbon content of the iron 

produced, from the carbon analysis 

results (expressed as a decimal fraction) 

(Equation Q–7). 

(xii) Annual mass of non-metallic 

materials produced by the furnace 

(metric tons) (Equation Q–7). 

(xiii) Carbon content of the nonmetallic materials produced, from the 

carbon analysis results (expressed as a 

decimal fraction) (Equation Q–7). 

(xiv) Annual mass of air pollution 

control residue collected (metric tons) 

(Equation Q–7). 

(xv) Carbon content of the air 

pollution control residue collected, from 

the carbon analysis results (expressed as 

a decimal fraction) (Equation Q–7). 

(xvi) Annual mass of each other solid 

input containing carbon fed to each 

furnace (metric tons) (Equation Q–7). 

(xvii) Carbon content of each other 

solid input containing carbon fed to 

each furnace (expressed as a decimal 

fraction) (Equation Q–7). 

(xviii) Annual mass of each other 

solid output containing carbon 

produced by each furnace (metric tons) 

(Equation Q–7). 

(xix) Carbon content of each other 

solid output containing carbon 

(expressed as a decimal fraction) 

(Equation Q–7). 


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(xx) Annual mass of each other 

gaseous input containing carbon fed to 

each furnace (metric tons) (Equation 

Q–7). 

(xxi) Carbon content of each other 

gaseous input containing carbon fed to 

each furnace (expressed as a decimal 

fraction) (Equation Q–7). 

(xxii) Annual mass of each other 

gaseous output containing carbon 

produced by each furnace (metric tons) 

(Equation Q–7). 

(xxiii) Carbon content of each other 

gaseous output containing carbon 

produced by each furnace (expressed as 

a decimal fraction) (Equation Q–7). 

(xxiv) Annual mass of each other 

liquid input containing carbon fed to 

each furnace (metric tons) (Equation 

Q–7). 

(xxv) Carbon content of each other 

liquid input containing carbon fed to 

each furnace (expressed as a decimal 

fraction) (Equation 

Q–7). 

(xxvi) Annual mass of each other 

liquid output containing carbon 

produced by each furnace (metric tons) 

(Equation Q–7). 

(xxvii) Carbon content of each other 

liquid output containing carbon 

produced by each furnace (expressed as 

a decimal fraction) (Equation Q–7). 

(8) The data in paragraphs (f)(8)(i) and 

(ii) of this section for each process unit 

for which the site-specific emission 

factor method was used. 

(i) Average hourly feed or production 

rate, as applicable, during the test 

(metric tons/hour) (as used in 

§ 98.173(b)(2)(iii)). 

(ii) Annual total feed or production, 

as applicable (metric tons) (as used in 

§ 98.173(b)(2)(iv)). 

(9) Total coal charged to the coke 

ovens for each process (metric tons/

year)(as used in § 98.173(c)). 

Subpart R—Lead Production 

■ 25. Section 98.186 is amended by 

removing and reserving paragraphs 

(b)(6) and (7) and revising paragraph 

(b)(8) to read as follows: 

§ 98.186 Data reporting procedures. 

* * * * * 

(b) * * * 

(8) List the method used for the 

determination of carbon content for 

each material used for the calculation of 

annual process CO2 emissions using 

Equation R–1 of § 98.183 for each 

smelting furnace (e.g., supplier provided 

information, analyses of representative 

samples you collected). 

* * * * * 

■ 26. Section 98.187 is amended by 

revising the introductory text and 

adding paragraph (d) to read as follows: 

§ 98.187 Records that must be retained. 

In addition to the records required by 

§ 98.3(g), you must retain the records of 

the information specified in paragraphs 

(a) through (d) of this section, as 

applicable to the smelting furnaces at 

your facility. 

* * * * * 

(d) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (d)(1) through 

(10) of this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (d)(1) through 

(10) of this section. 

(1) Annual mass of lead ore charged 

to each smelting furnace (tons) 

(Equation R–1 of § 98.183). 

(2) Carbon content of the lead ore per 

furnace, from the carbon analysis results 

(percent by weight, expressed as a 

decimal fraction) (Equation R–1). 

(3) Annual mass of lead scrap charged 

to each smelting furnace (tons) 

(Equation R–1). 

(4) Carbon content of the lead scrap 

per furnace, from the carbon analysis 

(percent by weight, expressed as a 

decimal fraction) (Equation R–1). 

(5) Annual mass of flux materials 

(e.g., limestone, dolomite) charged to 

each smelting furnace (tons) (Equation 

R–1). 

(6) Carbon content of the flux 

materials per furnace, from the carbon 

analysis (percent by weight, expressed 

as a decimal fraction) (Equation R–1). 

(7) Annual mass of carbonaceous 

materials (e.g., coal, coke) charged to 

each smelting furnace (tons) (Equation 

R–1). 

(8) Carbon content of the 

carbonaceous materials per furnace, 

from the carbon analysis (percent by 

weight, expressed as a decimal fraction) 

(Equation R–1). 

(9) Annual mass of each other 

material containing carbon, other than 

fuel, fed, charged, or otherwise 

introduced into the smelting furnace 

(tons) (Equation R–1). 

(10) Carbon content of each other 

material, from the carbon analysis 

results per furnace (percent by weight, 

expressed as a decimal fraction) 

(Equation R–1). 

Subpart S—Lime Manufacturing 

■ 27. Section 98.196 is amended by: 

■ a. Revising paragraph (b) introductory 

text; 

■ b. Removing and reserving paragraphs 

(b)(2), (3), (5), (6), (8), (10), (11), and 

(12); and 

■ c. Adding paragraph (b)(18). 

The revisions and addition read as 

follows: 

§ 98.196 Data reporting requirements. 

* * * * * 

(b) If a CEMS is not used to measure 

CO2 emissions, then you must report the 

information listed in paragraphs (b)(1) 

through (18) of this section. 

* * * * * 

(18) Annual quantity (tons) of lime 

product sold, by type. 

■ 28. Section 98.197 is amended by 

revising the introductory text and 

adding paragraph (c) to read as follows: 

§ 98.197 Records that must be retained. 

In addition to the records required by 

§ 98.3(g), you must retain the records 

specified in paragraphs (a) through (c) of 

this section. 

* * * * * 

(c) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (c)(1) through 

(9) of this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (c)(1) through 

(9) of this section. 

(1) Monthly calcium oxide content for 

each lime type, determined according to 

§ 98.194(c) (metric tons CaO/metric ton 

lime) (Equation S–1 of § 98.193). 

(2) Monthly magnesium oxide content 

for each lime type, determined 

according to § 98.194(c) (metric tons 

MgO/metric ton lime) (Equation S–1). 

(3) Monthly calcium oxide content for 

each calcined lime byproduct or waste 

type sold (metric tons CaO/metric ton 

lime) (Equation S–2 of § 98.193). 

(4) Monthly magnesium oxide content 

for each calcined lime byproduct or 

waste type sold (metric tons MgO/

metric ton lime) (Equation S–2). 

(5) Calcium oxide content for each 

calcined lime byproduct or waste type 

that is not sold (metric tons CaO/metric 

ton lime) (Equation S–3 of § 98.193). 

(6) Magnesium oxide content for each 

calcined lime byproduct or waste type 

that is not sold (metric tons MgO/metric 

ton lime) (Equation S–3). 

(7) Annual weight or mass of calcined 

byproducts or wastes for lime type that 

is not sold (tons) (Equation S–3). 

(8) Monthly weight or mass of each 

lime type produced (tons) (Equation S– 

4 of § 98.193). 

(9) Monthly weight or mass of each 

calcined byproducts or wastes sold 

(tons) (Equation S–4). 

Subpart U—Miscellaneous Uses of 

Carbonate 

§ 98.216 [Amended] 

■ 29. Section 98.216 is amended by 

removing and reserving paragraphs (b), 

(e)(1) and (2), and (f). 


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■ 30. Section 98.217 is amended by 

revising the introductory text and 

adding paragraph (e) to read as follows: 

§ 98.217 Records that must be retained. 

In addition to the records required by 

§ 98.3(g), you must retain the records 

specified in paragraphs (a) through (e) of 

this section: 

* * * * * 

(e) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (e)(1) through 

(4) of this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (e)(1) through 

(4) of this section. 

(1) Fraction calcination achieved for 

each particular carbonate type. As an 

alternative to measuring the calcination 

fraction, a value of 1.0 can be used 

(decimal fraction) (Equation U–1 of 

§ 98.213). 

(2) Annual mass of each carbonate 

type consumed (tons) (Equation U–1). 

(3) Annual mass of each input 

carbonate type (tons) (Equation U–2 of 

§ 98.213). 

(4) Annual mass of each output 

carbonate type (tons) (Equation U–2). 

Subpart V—Nitric Acid Production 

■ 31. Section 98.226 is amended by: 

■ a. Revising the introductory text; 

■ b. Removing and reserving paragraphs 

(c), (d), (i), (j), (m)(1), (m)(3), (m)(4), 

(m)(5), (m)(6), and (p); and 

■ c. Adding paragraph (q). 

The revisions and addition read as 

follows: 

§ 98.226 Data reporting requirements. 

In addition to the information 

required by § 98.3(c), each annual report 

must contain the information specified 

in paragraphs (a) through (q) of this 

section. 

* * * * * 

(q) Annual percent N2O emission 

reduction for all nitric acid trains 

combined. 

■ 32. Section 98.227 is amended by 

revising the introductory text and 

adding paragraph (h) to read as follows: 

§ 98.227 Records that must be retained. 

In addition to the information 

required by § 98.3(g), you must retain 

the records specified in paragraphs (a) 

through (h) of this section for each nitric 

acid production facility: 

* * * * * 

(h) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (h)(1) through 

(10) of this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (h)(1) through 

(10) of this section. 

(1) Annual nitric acid produced from 

each nitric acid train (tons nitric acid 

produced, 100% acid basis). 

(2) Indicate which equation was used 

to calculate emissions for each nitric 

acid train. 

(3) N2O concentration per test run 

during the performance test (ppm N2O) 

(Equation V–1 of § 98.223). 

(4) Volumetric flow rate of effluent 

gas per test run during the performance 

test (dscf/hr) (Equation V–1). 

(5) Production rate per test run during 

the performance test (tons nitric acid 

produced per hour, 100 percent acid 

basis) (Equation V–1). 

(6) Annual nitric acid production 

from each nitric acid train during which 

each N2O abatement technology was 

operational (tons nitric acid produced, 

100 percent acid basis) (Equation V–2 of 

§ 98.223). 

(7) Destruction efficiency of N2O 

abatement technology that is used on 

each nitric acid train (decimal fraction 

of N2O removed from vent stream) 

(Equation V–3a of § 98.223). 

(8) Destruction efficiency of each N2O 

abatement technology that is used on 

each nitric acid train (decimal fraction 

of N2O removed from vent stream) 

(Equation V–3b of § 98.223). 

(9) Destruction efficiency of each N2O 

abatement technology that is used on 

each nitric acid train (decimal fraction 

of N2O removed from vent stream) 

(Equation V–3c of § 98.223). 

(10) Fraction control factor of each 

N2O abatement technology that is used 

on each nitric acid train (decimal 

fraction of total emissions from nitric 

acid train ‘‘t’’ that are sent to abatement 

technology ‘‘n’’) (Equation V–3c). 

Subpart W—Petroleum and Natural 

Gas Systems 

■ 33. Section 98.236 is amended by 

revising paragraphs (c)(6)(i)(B), (D), (E), 

and (F), (c)(8)(i)(F), and (c)(8)(ii)(A) and 

adding paragraph (c)(20) to read as 

follows: 

§ 98.236 Data reporting requirements. 

* * * * * 

(c) * * * 

(6) * * * 

(i) * * * 

(B) When using Equation W–10A of 

§ 98.233, measured flow rate of 

backflow during well completion in 

standard cubic feet per hour. You may 

delay the reporting of this data element 

if you indicate in the annual report that 

wildcat wells and/or delineation wells 

are the only wells that can be used for 

the measurement. If you elect to delay 

reporting of this data element, you must 

report by the date specified in 

§ 98.236(c)(20) the measured flow rate of 

backflow during well completion and 

the API Well Number(s) for the wells 

included in the measurement. 

* * * * * 

(D) When using Equation W–10A, 

measured flow rate of backflow during 

well workover in standard cubic feet per 

hour. You may delay the reporting of 

this data element if you indicate in the 

annual report that wildcat wells and/or 

delineation wells are the only wells that 

can be used for the measurement. If you 

elect to delay reporting of this data 

element, you must report by the date 

specified in § 98.236(c)(20) the flow rate 

of backflow during well workover and 

the API Well Number(s) for the well(s) 

included in the measurement. 

(E) When using Equation W–10A, 

total number of days of backflow from 

all wells during completions. You may 

delay the reporting of this data element 

if you indicate in the annual report that 

wildcat wells and/or delineation wells 

are the only wells included in this 

number. If you elect to delay reporting 

of this data element, you must report by 

the date specified in § 98.236(c)(20) the 

total number of days of backflow from 

all wells during completions and the 

API Well Number(s) for the well(s) 

included in the number. 

(F) When using Equation W–10A, 

total number of days of backflow from 

all wells during workovers. You may 

delay the reporting of this data element 

if you indicate in the annual report that 

wildcat wells and/or delineation wells 

are the only wells included in this 

number. If you elect to delay reporting 

of this data element, you must report by 

the date specified in § 98.236(c)(20) the 

total number of days of backflow from 

all wells during workovers and the API 

Well Number(s) for the well(s) included 

in the number. 

* * * * * 

(8) * * * 

(i) * * * 

(F) Total volume of oil from all 

wellhead separators sent to tank(s) in 

barrels per year. You may delay the 

reporting of this data element if you 

indicate in the annual report that only 

wildcat and delineation wells in the 

sub-basin have wellhead separators. If 

you elect to delay reporting the this data 

element, you must report by the date 

specified in § 98.236(c)(20) the total 

volume of oil from all wellhead 

separators sent to tank(s) and the API 


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Well Number(s) for the well(s) included 

in this volume. 

* * * * * 

(ii) * * * 

(A) Total volume of sales oil from all 

wells in barrels per year. You may delay 

the reporting of this data element if you 

indicate in the annual report that 

wildcat wells and delineation wells are 

the only wells in the sub-basin with oil 

production greater than or equal to 10 

barrels per day. If you elect to delay 

reporting of this data element, you must 

report by the date specified in 

§ 98.3236(c)(20) the total volume of 

sales oil from all wells and the API Well 

Number(s) for the well(s) included in 

this volume. 

* * * * * 

(20) If you elect to delay reporting the 

information in paragraph (c)(6)(i)(B), 

(D), (E), (F), (c)(8)(i)(F), or (c)(8)(ii)(A) of 

this section, you must report the 

information required in that paragraph 

no later than the date specified in 

paragraphs (c)(20)(i) through (iii) of this 

section, as applicable. 

(i) March 31, 2016, for reporting year 

2013. 

(ii) March 31, 2017, for reporting year 

2014. 

(iii) The date 2 years following the 

date specified in § 98.3(b) introductory 

text, for reporting year 2015 and 

thereafter. 

■ 34. Section 98.238 is amended by 

adding definitions for ‘‘Delineation 

well’’ and ‘‘Wildcat well’’ in 

alphabetical order to read as follows: 

§ 98.238 Definitions. 

* * * * * 

Delineation well means a well drilled 

in order to determine the boundary of a 

field or producing reservoir. 

* * * * * 

Wildcat well means a well outside 

known fields or the first well drilled in 

an oil or gas field where no other oil and 

gas production exists. 

Subpart X—Petrochemical Production 

■ 35. Section 98.246 is amended by: 

■ a. Revising paragraph (a) introductory 

text and paragraphs (a)(2) and (4); 

■ b. Adding paragraphs (a)(12) and (13); 

■ c. Revising paragraph (b) introductory 

text; and 

■ d. Adding paragraphs (b)(9) and (10). 

The revisions and additions read as 

follows: 

§ 98.246 Data reporting requirements. 

* * * * * 

(a) If you use the mass balance 

methodology in § 98.243(c), you must 

report the information specified in 

paragraphs (a)(1) through (13) of this 

section for each type of petrochemical 

produced, reported by process unit. 

* * * * * 

(2) The type of petrochemical 

produced, names of products, and 

names of carbon-containing feedstocks. 

* * * * * 

(4) The temperature (in °F) at which 

the gaseous feedstock and product 

volumes used in Equation X–1 of 

§ 98.243 were determined. 

* * * * * 

(12) Name and annual quantity (in 

metric tons) of each carbon-containing 

feedstock included in Equations X–1, 

X–2, and X–3 of § 98.243. 

(13) Name and annual quantity (in 

metric tons) of each product included in 

Equations X–1, X–2, and X–3. 

(b) If you measure emissions in 

accordance with § 98.243(b), then you 

must report the information listed in 

paragraphs (b)(1) through (10) of this 

section. 

* * * * * 

(9) Name and annual quantity (in 

metric tons) of each carbon-containing 

feedstock. 

(10) Name and annual quantity (in 

metric tons) of each product. 

* * * * * 

■ 36. Section 98.247 is amended by 

revising the introductory text and 

adding paragraph (d) to read as follows: 

§ 98.247 Records that must be retained. 

In addition to the recordkeeping 

requirements in § 98.3(g), you must 

retain the records specified in 

paragraphs (a) through (d) of this 

section, as applicable. 

* * * * * 

(d) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (d)(1) through 

(30) of this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (d)(1) through 

(30) of this section. 

(1) Indicate whether the feedstock is 

measured as mass or volume (Equation 

X–1 of § 98.243). 

(2) Indicate whether you used the 

alternative to sampling and analysis 

specified in § 98.243(c)(4) (Equation X– 

1). 

(3) Volume of gaseous feedstock 

introduced per month (scf) (Equation X– 

1). 

(4) Mass of gaseous feedstock 

introduced per month (kg) (Equation X– 

1). 

(5) Average carbon content of the 

gaseous feedstock per month (kg C per 

kg of feedstock) (Equation X–1). 

(6) Molecular weight of gaseous 

feedstock per month (kg per kg-mole) 

(Equation X–1). 

(7) Indicate whether the gaseous 

product is measured as mass or volume 

(Equation X–1). 

(8) Volume of gaseous product 

produced per month (scf) (Equation X– 

1). 

(9) Mass of gaseous product produced 

per month (kg) (Equation X–1). 

(10) Average carbon content of 

gaseous product (including streams 

containing CO2 recovered for sale or use 

in another process) per month (kg C per 

kg of product) (Equation X–1). 

(11) Molecular weight of gaseous 

product per month (kg per kg-mole) 

(Equation X–1). 

(12) Molar volume conversion factor 

of product (scf per kg-mole) (Equation 

X–1). 

(13) Indicate whether feedstock is 

measured as mass or volume (Equation 

X–2 of § 98.243). 

(14) Indicate whether you used the 

alternative to sampling and analysis 

specified in § 98.243(c)(4) (Equation X– 

2). 

(15) Volume of liquid feedstock 

introduced per month (gallons) 

(Equation X–2). 

(16) Mass of liquid feedstock 

introduced per month (kg) (Equation X– 

2). 

(17) Average carbon content of liquid 

feedstock per month (kg C per gallon) 

(Equation X–2). 

(18) Average carbon content of liquid 

feedstock per month (kg C per kg of 

feedstock) (Equation X–2). 

(19) Indicate whether product is 

measured as mass or volume per month 

(Equation X–2). 

(20) Volume of liquid product 

produced per month (gallons) (Equation 

X–2). 

(21) Mass of liquid product produced 

per month (kg) (Equation X–2). 

(22) Average carbon content of liquid 

product per month, including organic 

liquid wastes (kg C per gallon) (Equation 

X–2). 

(23) Average carbon content of liquid 

product, including organic liquid wastes 

(kg C per kg of product) (Equation X–2). 

(24) Indicate whether you used the 

alternative to sampling and analysis 

specified in § 98.243(c)(4) (Equation X– 

3 of § 98.243). 

(25) Mass of solid feedstock 

introduced per month (kg) (Equation X– 

3). 

(26) Average carbon content of solid 

feedstock per month (kg C per kg of 

feedstock) (Equation X–3). 

(27) Mass of solid product produced 

per month (kg) (Equation X–3). 


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(28) Average carbon content of solid 

product per month (kg C per kg of 

product) (Equation X–3). 

(29) Records required in § 98.257(b)(1) 

through (8) of this section for each flare 

that burns ethylene process off-gas. 

(30) Records required in § 98.37 for 

each stationary fuel combustion unit (or 

group of stationary sources with a 

common pipe) that burns ethylene 

process off-gas, except flares. 

Subpart Y—Petroleum Refineries 

■ 37. Section 98.256 is amended by: 

■ a. Revising paragraph (e)(6) and 

paragraph (e)(7) introductory text; 

■ b. Removing and reserving paragraph 

(e)(7)(ii); 

■ c. Revising paragraphs (e)(9) and (10); 

■ d. Revising paragraphs (f)(7) and 

(f)(10) through (13); 

■ e. Removing and reserving paragraph 

(h)(4); 

■ f. Revising paragraphs (h)(5) and (i)(5), 

(7), and (8); 

■ g. Removing and reserving paragraph 

(j)(2); 

■ h. Revising paragraphs (j)(5) through 

(9), (k)(3) and (4), (l)(5), and (m)(3); 

■ i. Removing and reserving paragraphs 

(o)(2)(ii) and (o)(4)(ii) through (iv); 

■ j. Revising paragraph (o)(4)(v); 

■ k. Removing and reserving paragraphs 

(o)(6) and (7); and 

■ l. Revising paragraph (p)(2). 

The revisions read as follows: 

§ 98.256 Data reporting requirements. 

* * * * * 

(e) * * * 

(6) If you use Equation Y–1a of 

§ 98.253, an indication of whether daily 

or weekly measurement periods are 

used, the annual volume of flare gas 

combusted (in scf/year) and the annual 

average molecular weight (in kg/kgmole), and annual average carbon 

content of the flare gas (in kg carbon per 

kg flare gas). 

(7) If you use Equation Y–1b of 

§ 98.253, an indication of whether daily 

or weekly measurement periods are 

used, the annual volume of flare gas 

combusted (in scf/year), the annual 

average CO2 concentration (volume or 

mole percent), the number of carbon 

containing compounds other than CO2

in the flare gas stream, and for each of 

the carbon containing compounds other 

than CO2 in the flare gas stream: 

* * * * * 

(9) If you use Equation Y–3 of 

§ 98.253, the number of SSM events 

exceeding 500,000 scf/day. 

(10) The basis for the value of the 

fraction of carbon in the flare gas 

contributed by methane used in 

Equation Y–4 of § 98.253. 

(f) * * * 

(7) If you use Equation Y–6 of 

§ 98.253, the annual average exhaust gas 

flow rate, %CO2, and %CO. 

* * * * * 

(10) If you use Equation Y–8 of 

§ 98.253, the basis for the value of the 

average carbon content of coke. 

(11) Indicate whether you use a 

measured value, a unit-specific 

emission factor, or a default for CH4

emissions. If you use a unit-specific 

emission factor for CH4, report the basis 

for the factor. 

(12) Indicate whether you use a 

measured value, a unit-specific 

emission factor, or a default emission 

factor for N2O emissions. If you use a 

unit-specific emission factor for N2O, 

report the basis for the factor. 

(13) If you use Equation Y–11 of 

§ 98.253, the number of regeneration 

cycles or measurement periods during 

the reporting year and the average coke 

burn-off quantity per cycle or 

measurement period. 

* * * * * 

(h) * * * 

(5) If you recycle tail gas to the front 

of the sulfur recovery plant, indicate 

whether the recycled flow rate and 

carbon content are included in the 

measured data under § 98.253(f)(2) and 

(3). Indicate whether a correction for 

CO2 emissions in the tail gas was used 

in Equation Y–12 of § 98.253. If so, then 

report: 

(i) Indicate whether you used the 

default (95 percent) or a unit specific 

correction, and if a unit-specific 

correction was used, report the value of 

the correction and the approach used. 

(ii) If the following data are not used 

to calculate the recycling correction 

factor, report the information specified 

in paragraphs (h)(5)(ii)(A) through (B) of 

this section. 

(A) The annual volume of recycled 

tail gas (in scf/year) only. 

(B) The annual average mole fraction 

of carbon in the tail gas (in kg-mole C/ 

kg-mole gas). 

* * * * * 

(i) * * * 

(5) If you use Equation Y–13 of 

§ 98.253, an indication of whether coke 

dust is recycled to the unit (e.g., all dust 

is recycled, a portion of the dust is 

recycled, or none of the dust is 

recycled). 

* * * * * 

(7) Indicate whether you use a 

measured value, a unit-specific 

emission factor or a default emission 

factor for CH4 emissions. If you use a 

unit-specific emission factor for CH4, 

report the basis for the factor. 

(8) Indicate whether you use a 

measured value, a unit-specific 

emission factor, or a default emission 

factor for N2O emissions. If you use a 

unit-specific emission factor for N2O, 

report the basis for the factor. 

(j) * * * 

(5) If you use Equation Y–14 of 

§ 98.253, the basis for the CO2 emission 

factor used. 

(6) If you use Equation Y–15 of 

§ 98.253, the basis for the CH4 emission 

factor used. 

(7) If you use Equation Y–16a of 

§ 98.253, the basis for the carbon 

emission factor used. 

(8) If you use Equation Y–16b of 

§ 98.253, the basis for the CO2 emission 

factor used and the basis for the carbon 

emission factor used. 

(9) If you use Equation Y–17 of 

§ 98.253, the basis for the CH4 emission 

factor used. 

* * * * * 

(k) * * * 

(3) The total number of delayed 

coking units at the facility; the total 

number of delayed coking drums at the 

facility; and, for each coke drum or 

vessel, the typical drum outage (i.e. the 

unfilled distance from the top of the 

drum, in feet). 

(4) For each set of coking drums that 

are the same dimensions, the number of 

coking drums in the set, and the mole 

fraction of methane in coking gas (in kgmole CH4/kg-mole gas, wet basis). 

* * * * * 

(l) * * * 

(5) The annual volumetric flow 

discharged to the atmosphere (in scf), 

and an indication of the measurement or 

estimation method, annual average mole 

fraction of each GHG above the 

concentration threshold or otherwise 

required to be reported and an 

indication of the measurement or 

estimation method, and for intermittent 

vents, the number of venting events and 

the cumulative venting time. 

* * * * * 

(m) * * * 

(3) For uncontrolled blowdown 

systems reporting under § 98.253(k), the 

basis for the value of the methane 

emission factor used for uncontrolled 

blowdown systems. 

* * * * * 

(o) * * * 

(4) * * * 

(v) The basis for the mole fraction of 

CH4 in vent gas from unstabilized crude 

oil storage tanks. 

* * * * * 

(p) * * * 

(2) The types of materials loaded that 

have an equilibrium vapor-phase 

concentration of methane of 0.5 volume 

percent or greater, and the type of vessel 


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63796 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 

(barge, tanker, marine vessel, etc.) in 

which each type of material is loaded. 

* * * * * 

■ 38. Section 98.257 is amended to read 

as follows: 

§ 98.257 Records that must be retained. 

In addition to the records required by 

§ 98.3(g), you must retain the records 

specified in paragraphs (a) and (b) of 

this section. 

(a) The records of all parameters 

monitored under § 98.255. If you 

comply with the combustion 

methodology in § 98.252(a), then you 

must retain under this subpart the 

records required for the Tier 3 and/or 

Tier 4 Calculation Methodologies in 

§ 98.37 and you must keep records of 

the annual average flow calculations. 

(b) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (b)(1) through 

(67) of this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (b)(1) through 

(67) of this section. 

(1) Volume of flare gas combusted 

during measurement period (scf) 

(Equation Y–1b of § 98.253). 

(2) Mole percent CO2 concentration in 

the flare gas stream during the 

measurement period (mole percent) 

(Equation Y–1b). 

(3) Mole percent concentration of 

compound ‘‘x’’ in the flare gas stream 

during the measurement period (mole 

percent) (Equation Y–1b). 

(4) Carbon mole number of compound 

‘‘x’’ in the flare gas stream during the 

measurement period (mole carbon 

atoms per mole compound) (Equation 

Y–1b). 

(5) Molar volume conversion factor 

(scf per kg-mole) (Equation Y–1b). 

(6) Annual volume of flare gas 

combusted for each flare during normal 

operations from company records 

(million (MM) standard cubic feet per 

year, MMscf/year) (Equation Y–3 of 

§ 98.253). 

(7) Higher heating value for fuel gas 

or flare gas for each flare from company 

records (British thermal units per scf, 

Btu/scf = MMBtu/MMscf) (Equation Y– 

3). 

(8) Volume of flare gas combusted 

during indexed start-up, shutdown, or 

malfunction event from engineering 

calculations (scf) (Equation Y–3). 

(9) Average molecular weight of the 

flare gas, from the analysis results or 

engineering calculations for the event 

(kg/kg-mole) (Equation Y–3). 

(10) Molar volume conversion factor 

(scf per kg-mole) (Equation Y–3). 

(11) Average carbon content of the 

flare gas, from analysis results or 

engineering calculations for the event 

(kg C per kg flare gas) (Equation Y–3). 

(12) Weight fraction of carbon in the 

flare gas prior to combustion in each 

flare that is contributed by methane 

from measurement values or 

engineering calculations (kg C in 

methane in flare gas/kg C in flare gas) 

(Equation Y–4 of § 98.253). 

(13) Annual throughput of unit from 

company records for each catalytic 

cracking unit or fluid coking unit 

(barrels/year) (Equation Y–8 of 

§ 98.253). 

(14) Coke burn-off factor from 

engineering calculations (default for 

catalytic cracking units = 7.3; default for 

fluid coking units = 11) (kg coke per 

barrel of feed) (Equation Y–8). 

(15) Carbon content of coke based on 

measurement or engineering estimate 

(kg C per kg coke) (Equation Y–8). 

(16) Value of unit-specific CH4

emission factor, including the units of 

measure, for each catalytic cracking 

unit, traditional fluid coking unit, 

catalytic reforming unit, and coke 

calcining unit (calculation method in 

§ 98.253(c)(4)). 

(17) Annual activity data (e.g., input 

or product rate), including the units of 

measure, in units of measure consistent 

with the emission factor, for each 

catalytic cracking unit, traditional fluid 

coking unit, catalytic reforming unit, 

and coke calcining unit (calculation 

method in § 98.253(c)(4)). 

(18) Value of unit-specific N2O 

emission factor, including the units of 

measure, for each catalytic cracking 

unit, traditional fluid coking unit, 

catalytic reforming unit, and coke 

calcining unit (calculation method in 

§ 98.253(c)(5)). 

(19) Annual activity data (e.g., input 

or product rate), including the units of 

measure, in units of measure consistent 

with the emission factor, for each 

catalytic cracking unit, traditional fluid 

coking unit, catalytic reforming unit, 

and coke calcining unit (calculation 

method in § 98.253(c)(5)). 

(20) Carbon content of coke based on 

measurement or engineering estimate 

(default = 0.94) (kg C per kg coke) 

(Equation Y–11 of § 98.253). 

(21) Volumetric flow rate of sour gas 

(including sour water stripper gas) feed 

sent off site for sulfur recovery in the 

year (scf/year) (Equation Y–12 of 

§ 98.253). 

(22) Mole fraction of carbon in the 

sour gas feed sent off site for sulfur 

recovery (kg-mole C/kg-mole gas) 

(Equation Y–12). 

(23) Molar volume conversion factor 

for sour gas sent off site (scf per kgmole) (Equation Y–12). 

(24) Volumetric flow rate of sour gas 

(including sour water stripper gas) fed 

to the onsite sulfur recovery plant (scf/ 

year) (Equation Y–12). 

(25) Mole fraction of carbon in the 

sour gas fed to the onsite sulfur recovery 

plant (kg-mole C/kg-mole gas) (Equation 

Y–12). 

(26) Molar volume conversion factor 

for onsite sulfur recovery plant (scf per 

kg-mole) (Equation Y–12). 

(27) Annual mass of green coke fed to 

the coke calcining unit from facility 

records (metric tons/year) (Equation Y– 

13 of § 98.253). 

(28) Annual mass of marketable 

petroleum coke produced by the coke 

calcining unit from facility records 

(metric tons/year) (Equation Y–13). 

(29) Annual mass of petroleum coke 

dust removed from the process through 

the dust collection system of the coke 

calcining unit from facility records. For 

coke calcining units that recycle the 

collected dust, the mass of coke dust 

removed from the process is the mass of 

coke dust collected less the mass of coke 

dust recycled to the process (metric 

tons/year) (Equation Y–13). 

(30) Average mass fraction carbon 

content of green coke from facility 

measurement data (metric tons C per 

metric ton green coke) (Equation Y–13). 

(31) Average mass fraction carbon 

content of marketable petroleum coke 

produced by the coke calcining unit 

from facility measurement data (metric 

tons C per metric ton petroleum coke 

(Equation Y–13). 

(32) Quantity of asphalt blown for 

each asphalt blowing unit (million 

barrels per year (MMbbl/year)) 

(Equation Y–14 of § 98.253). 

(33) Emission factor for CO2 from 

uncontrolled asphalt blowing from 

facility-specific test data for each 

asphalt blowing unit (metric tons CO2/ 

MMbbl asphalt blown) (Equation Y–14). 

(34) Emission factor for CH4 from 

uncontrolled asphalt blowing from 

facility-specific test data for each 

asphalt blowing unit (metric tons CH4/ 

MMbbl asphalt blown) (Equation Y–15 

of § 98.253). 

(35) Quantity of asphalt blown 

(million barrels/year (MMbbl/year)) 

(Equation Y–16a of § 98.253). 

(36) Carbon emission factor from 

asphalt blowing from facility-specific 

test data (metric tons C/MMbbl asphalt 

blown) (Equation Y–16a). 

(37) Quantity of asphalt blown for 

each asphalt blowing unit (million 

barrels per year (MMbbl/year)) 

(Equation Y–16b of § 98.253). 


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(38) Emission factor for CO2 from 

uncontrolled asphalt blowing from 

facility-specific test data for each 

asphalt blowing unit (metric tons CO2/ 

MMbbl asphalt blown) (Equation Y– 

16b). 

(39) Carbon emission factor from 

asphalt blowing from facility-specific 

test data for each asphalt blowing unit 

(metric tons C/MMbbl asphalt blown) 

(Equation Y–16b). 

(40) Emission factor for CH4 from 

uncontrolled asphalt blowing from 

facility-specific test data for each 

asphalt blowing unit (metric tons CH4/ 

MMbbl asphalt blown) (Equation Y–17 

of § 98.253). 

(41) Cumulative number of vessel 

openings for all delayed coking unit 

vessels of the same dimensions during 

the year (Equation Y–18 of § 98.253). 

(42) Height of coking unit vessel for 

each set of coke drums or vessels of the 

same size (feet) (Equation Y–18). 

(43) Gauge pressure of the coking 

vessel when opened to the atmosphere 

prior to coke cutting or, if the alternative 

method provided in § 98.253(i)(2) is 

used, gauge pressure of the coking 

vessel when depressurization gases are 

first routed to the atmosphere for each 

set of coke drums or vessels of the same 

size (pounds per square inch gauge 

(psig)) (Equation Y–18). 

(44) Volumetric void fraction of 

coking vessel prior to steaming for each 

set of coke drums or vessels of the same 

size (cf gas/cf of vessel) (Equation Y– 

18). 

(45) Diameter of coking unit vessel for 

each set of coke drums or vessels of the 

same size (feet) (Equation Y–18). 

(46) Molar volume conversion factor 

for each set of coke drums or vessels of 

the same size (scf per kg-mole) 

(Equation Y–18). 

(47) Average volumetric flow rate of 

process gas during the event from 

measurement data, process knowledge, 

or engineering estimates for each set of 

coke drums or vessels of the same size 

(scf per hour) (Equation Y–19 of 

§ 98.253). 

(48) Mole fraction of methane in 

process vent during the event from 

measurement data, process knowledge, 

or engineering estimates for each set of 

coke drums or vessels of the same size 

(kg-mole CH4/kg-mole gas) (Equation Y– 

19). 

(49) Venting time for the event for 

each set of coke drums or vessels of the 

same size (hours) (Equation Y–19). 

(50) Molar volume conversion factor 

for each set of coke drums or vessels of 

the same size (scf per kg-mole) 

(Equation Y–19). 

(51) Quantity of crude oil plus the 

quantity of intermediate products 

received from off site that are processed 

at the facility (MMbbl/year) (Equation 

Y–20 of § 98.253). 

(52) Molar volume conversion factor 

(scf per kg-mole) (Equation Y–20). 

(53) Methane emission factor for 

uncontrolled blown systems (scf CH4/

MMbbl) (Equation Y–20). 

(54) Quantity of crude oil plus the 

quantity of intermediate products 

received from off site that are processed 

at the facility (MMbbl/year) (Equation 

Y–22 of § 98.253). 

(55) Quantity of unstabilized crude oil 

received at the facility (MMbbl/year) 

(Equation Y–23 of § 98.253). 

(56) Pressure differential from the 

previous storage pressure to 

atmospheric pressure (psi) (Equation Y– 

23). 

(57) Average mole fraction of CH4 in 

vent gas from the unstabilized crude oil 

storage tanks from facility 

measurements (kg-mole CH4/kg-mole 

gas) (Equation Y–23). 

(58) Molar volume conversion factor 

(scf per kg-mole) (Equation Y–23). 

(59) Specify whether the calculated or 

default loading factor L specified in 

§ 98.253(n) is entered, for each liquid 

loaded to each (methods specified in 

§ 98.253(n)). 

(60) Saturation factor specified in 

§ 98.253(n), for each liquid loaded to 

each vessel (methods specified in 

§ 98.253(n)). 

(61) True vapor pressure of liquid 

loaded, for each liquid loaded to each 

vessel (psia) (methods specified in 

§ 98.253(n)). 

(62) Molecular weight of vapors (lb 

per lb-mole), for each liquid loaded to 

each vessel (methods specified in 

§ 98.253(n)). 

(63) Temperature of bulk liquid 

loaded, for each liquid loaded to each 

vessel (°R, degrees Rankine) (methods 

specified in § 98.253(n)). 

(64) Total loading loss (without 

efficiency correction), for each liquid 

loaded to each vessel (pounds per 1000 

gallons loaded) (methods specified in 

§ 98.253(n)). 

(65) Overall emission control system 

reduction efficiency, including the 

vapor collection system efficiency and 

the vapor recovery or destruction 

efficiency (enter zero if no emission 

controls), for each liquid loaded to each 

vessel (percent) (methods specified 

§ 98.253(n)). 

(66) Vapor phase concentration of 

methane in liquid loaded, for each 

liquid loaded to each vessel (percent by 

volume) (methods specified in 

§ 98.253(n)). 

(67) Quantity of material loaded, for 

each liquid loaded to each vessel 

(thousand gallon per year) (methods 

specified in § 98.253(n)). 

Subpart Z—Phosphoric Acid 

Production 

§ 98.266 [Amended] 

■ 39. Section 98.266 is amended by 

removing and reserving paragraphs (f)(5) 

and (6). 

■ 40. Section 98.267 is amended by 

revising the introductory text and 

adding paragraph (d) to read as follows: 

§ 98.267 Records that must be retained. 

In addition to the records required by 

§ 98.3(g), you must retain the records 

specified in paragraphs (a) through (d) 

of this section for each wet-process 

phosphoric acid production facility. 

* * * * * 

(d) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (d)(1) through 

(4) of this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (d)(1) through 

(4) of this section. 

(1) Inorganic carbon content of a grab 

sample batch of phosphate rock by 

origin obtained during month by wetprocess phosphoric acid process line, 

from the carbon analysis results (percent 

by weight, expressed as a decimal 

fraction) (Equation Z–1a of § 98.263). 

(2) Mass of phosphate rock by origin 

consumed in month by wet-process 

phosphoric acid process line (tons) 

(Equation Z–1a). 

(3) Carbon dioxide content of a grab 

sample batch of phosphate rock by 

origin obtained during month by wetprocess phosphoric acid process line 

(percent by weight, expressed as a 

decimal fraction) (Equation Z–1b of 

§ 98.263). 

(4) Mass of phosphate rock by origin 

consumed in month by wet-process 

phosphoric acid process line (tons) 

(Equation Z–1b). 

Subpart AA—Pulp and Paper 

Manufacturing 

■ 41. Section 98.276 is amended by: 

■ a. Revising the introductory 

paragraph; 

■ b. Removing and reserving paragraph 

(b); 

■ c. Revising paragraph (c); 

■ d. Removing and reserving paragraphs 

(d), (f), (g), (h) and (i); and 

■ e. Adding paragraph (l). 

The revisions and addition read as 

follows: 

§ 98.276 Data reporting requirements. 

In addition to the information 

required by § 98.3(c) and the applicable 

information required by § 98.36, each 


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63798 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 

annual report must contain the 

information in paragraphs (a) through (l) 

of this section as applicable: 

* * * * * 

(c) Basis for determining the annual 

mass of the spent liquor solids 

combusted (whether based on T650 om05 Solids Content of Black Liquor, 

TAPPI (incorporated by reference, see 

§ 98.7) or an online measurement 

system). 

* * * * * 

(l) For each pulp mill lime kiln, report 

the information specified in paragraphs 

(l)(1) and (2) of this section. 

(1) The quantity of calcium oxide 

(CaO) produced (metric tons). 

(2) The percent of annual heat input, 

individually for each fossil fuel type. 

■ 42. Section 98.277 is amended by 

revising the introductory text and 

adding paragraph (g) to read as follows: 

§ 98.277 Records that must be retained. 

In addition to the information 

required by § 98.3(g), you must retain 

the records in paragraphs (a) through (g) 

of this section. 

* * * * * 

(g) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (g)(1) through 

(27) of this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (g)(1) through 

(27) of this section. 

(1) Mass of the solid fuel combusted 

(tons/year) (Equation C–1 of § 98.33). 

(2) Volume of the liquid fuel 

combusted (gallons/year) (Equation C– 

1). 

(3) Volume of the gaseous fuel 

combusted (scf/year) (Equation C–1). 

(4) Annual natural gas usage (therms/ 

year) (Equation C–1a of § 98.33). 

(5) Annual natural gas usage (mmBtu/ 

year) (Equation C–1b of § 98.33). 

(6) Mass of the solid fuel combusted 

(tons/year) (Equation C–2a of § 98.33). 

(7) Volume of the liquid fuel 

combusted (gallons/year) (Equation C– 

2a). 

(8) Volume of the gaseous fuel 

combusted (scf/year) (Equation C–2a). 

(9) Annual mass of the solid fuel 

combusted (short tons/year) (Equation 

C–3 of § 98.33). 

(10) Annual average carbon content of 

the solid fuel (percent by weight, 

expressed as a decimal fraction) 

(Equation C–3). 

(11) Annual volume of the liquid fuel 

combusted (gallons/year) (Equation C–4 

of § 98.33). 

(12) Annual average carbon content of 

the liquid fuel (kg C per gallon of fuel) 

(Equation C–4). 

(13) Annual volume of the gaseous 

fuel combusted (scf/year) (Equation C– 

5 of § 98.33). 

(14) Annual average carbon content of 

the gaseous fuel (kg C per kg of fuel) 

(Equation C–5). 

(15) Annual average molecular weight 

of the gaseous fuel (kg/kg-mole) 

(Equation C–5). 

(16) Molar volume conversion factor 

at standard conditions, as defined in 

§ 98.6 (scf per kg-mole) (Equation C–5). 

(17) Identify if you will use the 

default high heat value from Table C–1 

of subpart C of this part, or actual HHV 

data (Equation C–8 of § 98.33). 

(18) High heat value of the fuel 

(mmBTU/tons) (Equation C–8). 

(19) High heat value of the fuel 

(mmBTU/gallons) (Equation C–8). 

(20) High heat value of the fuel 

(mmBTU/scf) (Equation C–8). 

(21) Mass of spent liquor solids 

combusted from each chemical recovery 

furnace located at a kraft or soda 

facility, in short tons in year, 

determined according to § 98.274(b) 

(tons/year) (Equation AA–1 of § 98.273). 

(22) Annual high heat value of the 

spent liquor solids from each chemical 

recovery furnace located at a kraft or 

soda facility determined according to 

§ 98.274(b) (mmBtu per kilogram) 

(Equation AA–1). 

(23) Annual high heat value of the 

spent liquor solids from each chemical 

recovery combustion unit located at a 

sulfite or stand-alone semichemical 

facility, determined according to 

§ 98.274(b) (mmBtu per kilogram) 

(Equation AA–1). 

(24) Mass of the spent liquor solids 

combusted in short tons per year 

determined according to § 98.274(b) 

(tons/year) (Equation AA–2 of § 98.273). 

(25) Annual carbon content of the 

spent liquor solids, determined 

according to § 98.274(b) (percent by 

weight, expressed as a decimal fraction 

(e.g., 95% = 0.95)) (Equation AA–2). 

(26) Make-up quantity of CaCO3 used 

for the reporting year (metric tons/year) 

(Equation AA–3 of § 98.273). 

(27) Make-up quantity of Na2CO3 used 

for the reporting year metric tons/year) 

(Equation AA–3). 

Subpart BB—Silicon Carbide 

Production 

§ 98.286 [Amended] 

■ 43. Section 98.286 is amended by 

removing and reserving paragraphs 

(b)(1), (4), and (6). 

■ 44. Section 98.287 is amended by 

revising the introductory text and 

adding paragraph (c) to read as follows: 

§ 98.287 Records that must be retained. 

In addition to the records required by 

§ 98.3(g), you must retain the records 

specified in paragraphs (a) through (c) of 

this section for each silicon carbide 

production facility. 

* * * * * 

(c) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (c)(1) and (2) of 

this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (c)(1) and (2) 

of this section. 

(1) Carbon content factor for 

petroleum coke consumed in month 

from the supplier or as measured by the 

applicable method (percent by weight 

expressed as a decimal fraction) 

(Equation BB–1 of § 98.283). 

(2) Petroleum coke consumption in 

month (tons) (Equation BB–2 of 

§ 98.283). 

Subpart CC—Soda Ash Manufacturing 

■ 45. Section 98.296 is amended by 

removing and reserving paragraphs 

(b)(5) through (7) and adding paragraphs 

(b)(10)(v) and (vi) to read as follows: 

§ 98.296 Data reporting requirements. 

* * * * * 

(b) * * * 

(10) * * * 

(v) Average process vent flow from 

mine water stripper/evaporator during 

performance test (pounds/hour). 

(vi) Annual process vent flow rate 

from mine water stripper/evaporator 

(thousand pounds/hour). 

* * * * * 

■ 46. Section 98.297 is amended by 

revising the introductory text and 

adding paragraph (c) to read as follows: 

§ 98.297 Records that must be retained. 

In addition to the records required by 

§ 98.3(g), you must retain the records 

specified in paragraphs (a) through (c) of 

this section for each soda ash 

manufacturing line. 

* * * * * 

(c) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (c)(1) through 

(4) of this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (c)(1) through 

(4) of this section 

(1) Inorganic carbon content in trona 

input, from the carbon analysis results 

for month (percent by weight, expressed 

as a decimal fraction) (Equation CC–1 of 

§ 98.293). 


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(2) Mass of trona input in month 

(tons) (Equation CC–1). 

(3) Inorganic carbon content in soda 

ash output, from the carbon analysis 

results for month (percent by weight, 

expressed as a decimal fraction) 

(Equation CC–2 of § 98.293). 

(4) Mass of soda ash output in month 

(tons) (Equation CC–2). 

Subpart EE—Titanium Dioxide 

Production 

§ 98.316 [Amended] 

■ 47. Section 98.316 is amended by 

removing and reserving paragraphs 

(b)(6) and (9). 

■ 48. Section 98.317 is amended by 

revising the introductory text and 

adding paragraph (c) to read as follows: 

§ 98.317 Records that must be retained. 

In addition to the records required by 

§ 98.3(g), you must retain the records 

specified in paragraphs (a) through (c) of 

this section for each titanium dioxide 

production facility. 

* * * * * 

(c) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (c)(1) and (2) of 

this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (c)(1) and (2) 

of this section. 

(1) Carbon content factor for 

petroleum coke consumed in month 

from the supplier or as measured by the 

applicable method incorporated by 

reference in § 98.7 according to 

§ 98.314(c) (percent by weight, 

expressed as a decimal fraction) 

(Equation EE–2 of § 98.313). 

(2) Calcined petroleum coke 

consumption for process line in month 

(tons) (Equation EE–2). 

Subpart GG—Zinc Production 

§ 98.336 [Amended] 

■ 49. Section 98.336 is amended by 

removing and reserving paragraphs 

(b)(6), (7), and (10). 

■ 50. Section 98.337 is amended by 

revising the introductory text and 

adding paragraph (c) to read as follows: 

§ 98.337 Records that must be retained. 

In addition to the records required by 

§ 98.3(g), you must retain the records 

specified in paragraphs (a) through (c) of 

this section for each zinc production 

facility. 

* * * * * 

(c) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (c)(1) through 

(9) of this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (c)(1) through 

(9) of this section. 

(1) Annual mass of zinc bearing 

material charged to kiln or furnace 

(tons) (Equation GG–1 of § 98.333). 

(2) Carbon content of the zinc bearing 

material, from the annual carbon 

analysis for kiln or furnace (percent by 

weight, expressed as a decimal fraction) 

(Equation GG–1). 

(3) Annual mass of flux materials 

(e.g., limestone, dolomite) charged to 

each kiln or furnace (tons) (Equation 

GG–1). 

(4) Carbon content of the flux 

materials charged to each kiln or 

furnace, from the annual carbon 

analysis (percent by weight, expressed 

as a decimal fraction) (Equation GG–1). 

(5) Annual mass of carbon electrode 

consumed in each furnace (tons) 

(Equation GG–1). 

(6) Carbon content of the carbon 

electrode consumed in each furnace, 

from the annual carbon analysis 

(percent by weight, expressed as a 

decimal fraction) (Equation GG–1). 

(7) Annual mass of carbonaceous 

materials (e.g., coal, coke) charged to 

each kiln or furnace (tons) (Equation 

GG–1). 

(8) Carbon content of the 

carbonaceous materials charged to each 

kiln or furnace, from the annual carbon 

analysis (percent by weight, expressed 

as a decimal fraction) (Equation GG–1). 

(9) Identify whether each unit is a 

Waelz kiln or an electrothermic furnace. 

Subpart TT—Industrial Waste Landfills 

■ 51. Section 98.466 is amended by: 

■ a. Removing and reserving paragraph 

(c)(3)(i); 

■ b. Revising paragraph (c)(3)(ii); and 

■ c. Removing and reserving paragraph 

(c)(3)(iii). 

The revisions read as follows: 

§ 98.466 Data reporting requirements. 

* * * * * 

(c) * * * 

(3) * * * 

(ii) The year of the data used in 

Equation TT–2 of § 98.463 for the waste 

disposal quantity and production 

quantity, for each year used in Equation 

TT–2 to calculate the average waste 

disposal factor (WDF). 

* * * * * 

■ 52. Section 98.467 is amended to read 

as follows: 

§ 98.467 Records that must be retained. 

In addition to the information 

required by § 98.3(g), you must retain: 

(a) The calibration records for all 

monitoring equipment, including the 

method or manufacturer’s specification 

used for calibration, and all 

measurement data used for the purposes 

of § 98.460(c)(2)(xii) or (xiii) or used to 

determine waste stream-specific DOCX

values for use in Equation TT–1 of 

§ 98.463. 

(b) Verification software records. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (b)(1) and (2) of 

this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (b)(1) and (2) 

of this section. 

(1) Quantity of each product produced 

or feedstock entering the process or 

facility per waste stream per year, from 

measurement data and/or other 

company records. You must use the 

same basis for all years in the 

calculation (i.e., based on production or 

based on quantity of feedstock) (metric 

tons) (Equation TT–2 of § 98.463). 

(2) [Reserved] 

[FR Doc. 2014–23780 Filed 10–23–14; 8:45 am] 

BILLING CODE 6560–50–P 


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