1

MEMORANDUM 

To: Docket EPA-HQ-OAR-2012-0934

From: Rachel Schmeltz, U.S. EPA, Climate Change Division

Date: September 30, 2013

Subject: Data category assignments and confidentiality determinations for new and 

substantially revised data elements in the Final “2013 Revisions to the Greenhouse 

Gas Reporting Rule and Confidentiality Determinations for New or Substantially

Revised Data Elements.”

In this memorandum, we show the final data category assignments for new and substantially

revised data elements that are added or revised in fourteen subparts in the 2013 Revisions to the

Greenhouse Gas Reporting Rule and Confidentiality Determinations for New or Substantially 

Revised Data Elements. These subparts include subparts A, C, H, K, X, Y, Z, AA, FF, HH, NN, 

QQ, RR, TT, and UU. The tables below show the data category assignment of each data 

reporting element and the confidentiality determinations (categorical through category

assignment or individual) for these data elements, except for those assigned to the inputs to 

emission equations data category. 

In the May 26, 2011 Final CBI rule (76 FR 30782), the EPA created 22 data categories for part 

98 data elements, assigned individual data elements in 34 subparts to appropriate data categories, 

and issued categorical confidentiality determinations for nine of the direct emitter data 

categories and eight of the supplier data categories. The EPA did not make categorical 

determinations for two of the direct emitter data categories (“Unit/Process ‘Static’ 

Characteristics That are Not Inputs to Emission Equations” and “Unit/Process ‘Operating’ 

Characteristics That are Not Inputs to Emission Equations”) and three supplier data categories 

(GHGs Reported, Production/Throughput Quantities and Composition, and Unit/Process 

Operating Characteristics). The confidentiality determinations for data elements assigned to 

those categories were made on an element-by-element basis. The EPA has been following this 

approach in subsequent rulemakings to make confidentiality determinations for new and 

substantially revised data elements established in subsequent amendments to part 98. 

In this action, the EPA is assigning 26 new or substantially revised data elements to data 

categories for which EPA issued categorical confidentiality determinations and is applying the 

categorical determinations to the assigned data elements. The EPA is assigning 16 new or 

revised data elements to the “Unit/Process ‘Static’ Characteristics That are Not Inputs to 

Emission Equations” and “Unit/Process Operating Characteristics That are Not Inputs to 

Emission Equations” direct emitter data categories and the “Production/Throughput Quantities 

and Composition” and “Unit/Process Operating Characteristics” supplier data categories and 

making confidentially determinations for these reporting elements individually. We are not 

making data categories or confidentiality determinations for 2 data elements where the data 

elements are the same as another data element in the same subpart for which a confidentiality

determination has already been finalized. The tables below identify the data categories and the 
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confidentiality determination for the new or revised data elements in the amendments. The EPA 

is assigning 15 new or revised data elements to the inputs to emission equations category but is 

not assigning confidentiality determinations for them. 

For descriptions of the data categories and the categorical confidentiality determinations made 

for these categories, see the preambles to the proposed and final rulemakings: Proposed 

Confidentiality Determinations for Data Required Under the Mandatory Greenhouse Gas 

Reporting Rule and Proposed Amendment to Special Rules Governing Certain Information 

Obtained Under the Clean Air Act published on July 7, 2010 (75 FR 39094); and Confidentiality 

Determinations for Data Required under the Mandatory Greenhouse Gas Reporting Rule and 

Amendment to Special Rules Governing Certain Information Obtained under the Clean Air Act

published on May 26, 2011 (76 FR 30782). 

Copies of the proposed and final rules are available on EPA’s website: 

http://www.epa.gov/climatechange/emissions/CBI.html, at the following links: 

http://www.gpo.gov/fdsys/pkg/FR-2010-07-07/pdf/2010-16317.pdf and

http://www.gpo.gov/fdsys/pkg/FR-2011-05-26/pdf/2011-12930.pdf. 
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Appendix A-1

Final Data Category Assignments for Direct Emitters [Subparts A, C, H, K, X, Y, Z, AA, FF, HH and TT]

Subpart

Rule Citation for Data Reporting 

Element (new data elements; no change 

from previous citation for revised data 

elements) Data Element Description New or revised? Data Category Assignment 

Determination (Applying 

established categorical or 

individual determination)

A 98.3(c)(1) If the facility does not have a physical street 

address, then the facility must provide the latitude 

and longitude representing the geographic centroid 

or center point of facility operations in decimal 

degree format. 

Revises reporting 

element to require 

facilities without 

a physical address 

to report the 

latitude and 

longitude.

Facility and Unit Identifier 

Information

Emission data

A 98.3(c)(13) An indication of whether the facility includes one 

or more plant sites that have been assigned a 

“plant code” (as defined under §98.6) by either the 

Department of Energy’s (DOE) Energy 

Information Administration (EIA) or by the EPA’s 

Clean Air Markets Division (CAMD)

New Facility and Unit Identifier Emission data

C 98.36(b)(11) Plant code (as defined in 98.6) New Facility and Unit Identifier 

Information

Emission data

C 98.36(c)(1)(xi) Plant code (as defined in 98.6) New Facility and Unit Identifier 

Information

Emission data

C 98.36(c)(2)(xi) Plant code (as defined in 98.6) New Facility and Unit Identifier 

Information

Emission data

C 98.36(c)(3)(x) Plant code (as defined in 98.6) New Facility and Unit Identifier 

Information

Emission data

C 98.36(d)(1)(x) Plant code (as defined in 98.6) New Facility and Unit Identifier 

Information

Emission data

C 98.36(d)(2)(ii)(J) Plant code (as defined in 98.6) New Facility and Unit Identifier 

Information

Emission data

C 98.36(d)(2)(iii)(J) Plant code (as defined in 98.6) New Facility and Unit Identifier 

Information

Emission data
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Subpart

Rule Citation for Data Reporting 

Element (new data elements; no change 

from previous citation for revised data 

elements) Data Element Description New or revised? Data Category Assignment 

Determination (Applying 

established categorical or 

individual determination)

H 98.86(a)(2) Annual facility cement production. Revised so 

reporting is on a 

annual facility 

wide basis instead 

of monthly kiln 

basis

Production/Throughput Data 

that are Not Inputs to Emission 

Equations

Not emission data and CBI

K 98.116(e) Annual process CH4 emissions (in metric tons) 

from each EAF used for the production of any 

ferroalloy listed in Table K–1 of subpart K of 40 

CFR part 98 (metric tons).

New Emissions Emission data 

X 98.246(a)(6) Name of each method listed in §98.244(b)(4) used 

to determine carbon content or molecular weight 

and a description of each type of device (e.g., flow 

meter, weighing device) and identification of 

methods (i.e., method number, title, or other 

description) used to determine flow or mass in 

accordance with §98.244(b)(1) through (3).

Revised to specify 

reporting 

requirements and 

add requirement 

to report 

description of 

device used to 

measure flow or 

mass.

Test & Calibration Methods Not emission data and not CBI

X 98.246(a)(8) Identification of each combustion unit that burned 

both process off-gas and supplemental fuel, 

including combustion units that are not part of the 

petrochemical process unit.

Revised to clarify 

reporter must 

include 

combustion units 

that are not part of 

the petrochemical 

process unit.

Facility and Unit Identifier 

Information 

Emission data
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Subpart

Rule Citation for Data Reporting 

Element (new data elements; no change 

from previous citation for revised data 

elements) Data Element Description New or revised? Data Category Assignment 

Determination (Applying 

established categorical or 

individual determination)

X 98.246(b)(4) For each CEMS monitoring location that meets the 

conditions in paragraph (b)(2) or (3) of this 

section, provide an estimate based on engineering 

judgment of the fraction of the total CO2 emissions 

that results from CO2 directly emitted by the 

petrochemical process unit plus CO2 generated by 

the combustion of off-gas from the petrochemical 

process unit

Revised to refer 

to the conditions 

in (b)(2) and 

(b)(3) and to 

specify reporting 

of total CO2

emissions 

attributable to the 

petrochemical 

process unit 

(process and offgas combustion)

Emissions Emission data

X 98.246(b)(5) For each CEMS monitoring location that meets the 

conditions in paragraph (b)(2) of this section, 

report the CH4 and N2O emissions expressed in 

metric tons of each gas. 

Revised to refer 

to the conditions 

in (b)(2), and to 

clarify emissions 

of CH4 and N2O 

be reported for 

each CEMS 

monitoring 

location.

Emissions Emission data

X 98.246(b)(5) For each CEMS monitoring location, provide an 

estimate based on engineering judgment of the 

fraction of the total CH4 and N2O emissions that is 

attributable to combustion of off-gas from the 

petrochemical process unit

Revised to clarify 

the fraction of 

CH4 and N2O 

attributable to 

combustion of off 

gas, rather than 

the fraction of all 

emissions.

Emissions Emission data

Y 98.256(j)(10) If you use Equation Y-19 of this subpart, the 

relevant information required under paragraph 

(l)(5) of this section.

New None. Data category already 

assigned1Error! Bookmark not 

defined.

None. Determination already 

finalized1

 

1 This data element is the same as another data element in the same subpart for which a CBI determination has already been finalized; see (76 FR 30801, May 26, 2011)
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Subpart

Rule Citation for Data Reporting 

Element (new data elements; no change 

from previous citation for revised data 

elements) Data Element Description New or revised? Data Category Assignment 

Determination (Applying 

established categorical or 

individual determination)

Y 98.256(k)(6) If you use Equation Y-19 of this subpart, the 

relevant information required under paragraph 

(l)(5) of this section for each set of coke drums or 

vessels of the same size.

New None. Data category already 

assigned1

None. Determination already 

finalized1

Z 98.266(b) Annual phosphoric acid production capacity. Revised to require 

production 

capacity instead 

of permitted 

production 

capacity.

Unit/Process Static 

Characteristics That are Not 

Inputs to Emission Equations

No determination2

Z 98.266(f)(8) Number of times missing data procedures were 

used to estimate CO2 contents of the phosphate 

rock (months) (if applicable).

New Data Elements Reported for 

Periods of Missing Data that are 

Not Inputs to Emission 

Equations 

Emission data 

AA 98.276(k) Annual production of unbleached virgin chemical 

pulp produced onsite during the reporting year.

Revised to specify 

products reported.

Production/Throughput Data 

That are Not Inputs to Emission 

Equations

Not emission data and CBI

FF 98.326(i) If the quarterly CH4 concentration is based on 

CEMS or weekly sampling.

New Test & Calibration Methods Not emission data and not CBI

FF 98.326(o) The moisture correction factor (if applicable) used 

in Equation FF–1 and FF–3.

New Inputs to Emission Equations No determination4 

FF 98.326(r)(2) Start date of each well, shaft, and vent hole. New Unit/process Operating 

Characteristics That are Not 

Inputs to Emission Equations

Not emission data and not CBI

FF 98.326(r)(2) Close date of each well, shaft, and vent hole. New Unit/process Operating 

Characteristics That are Not 

Inputs to Emission Equations

Not emission data and not CBI

FF 98.326(r)(3) Number of days each well, shaft, or vent hole was 

in operation during the reporting year.

New Unit/process Operating 

Characteristics That are Not 

Inputs to Emission Equations

Not emission data and not CBI

FF 98.326(t)3 Mine Safety and Health Administration (MSHA) 

identification

New Facility and Unit Identifier 

Information

Emission data

 

2

A confidentiality determination has not been made for this data element. Capacity data elements may be competitively sensitive but may be publicly available in some instances; see (76 FR 30801, May 26, 2011). 

A determination for this data element will be made on a case-by-case basis.
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Subpart

Rule Citation for Data Reporting 

Element (new data elements; no change 

from previous citation for revised data 

elements) Data Element Description New or revised? Data Category Assignment 

Determination (Applying 

established categorical or 

individual determination)

HH 98.346(h) Oxidation fraction used in the calculation for 

methane generation for landfills without gas 

collection systems

New Inputs to Emission Equations No determination4 

HH 98.346(i)(5) If destruction occurs at the landfill facility, report 

for each measurement location the number of 

destruction devices associated with that 

measurement location and the annual operating 

hours, and the destruction efficiency (percent) for 

each destruction device associated with that 

measurement location.

Revised to 

include the 

number of 

destruction 

devices and 

reporting by 

destruction device 

and measurement 

location

Inputs to Emission Equations No determination4 

HH 98.346(i)(6) Annual quantity of recovered CH4 (metric tons 

CH4) calculated using Equation HH–4 of this 

subpart for each measurement location.

Revised to 

include reporting 

for each 

measurement 

location

Inputs to Emission Equations No determination4 

HH 98.346(i)(7) The annual operating hours of the gas collection 

system for each measurement location.

Revised to 

include reporting 

for each 

measurement 

location

Inputs to Emission Equations No determination4 

HH 98.346(i)(8) Oxidation fraction used in Equation HH-5 for 

landfills with gas collection systems.

New Inputs to Emission Equations No determination4 

HH 98.346(i)(10) Oxidation fraction used in Equation HH-7 for 

landfills with gas collection systems.

New Inputs to Emission Equations No determination4 

HH 98.346(i)(11) Oxidation fraction used in Equation HH-6 for 

landfills with gas collection systems.

New Inputs to Emission Equations No determination4 

HH 98.346(i)(12) Oxidation fraction used in Equation HH-8 for 

landfills with gas collection systems.

New Inputs to Emission Equations No determination4 

 

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Proposed as 98.326(u).

4 On July 7, 2010 (75 FR 39097) , we proposed that data elements in the “inputs to emissions equations” category meet the definition of “emission data” under 40 CFR 2.301(a)(2)(i). EPA is not finalizing that 

determination in this action.
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Subpart

Rule Citation for Data Reporting 

Element (new data elements; no change 

from previous citation for revised data 

elements) Data Element Description New or revised? Data Category Assignment 

Determination (Applying 

established categorical or 

individual determination)

TT 98.466(b)(1) The number of waste steams (including “Other 

Industrial Solid Waste (not otherwise listed)” and 

“Inerts ”) for which Equation TT–1 of this subpart 

is used to calculate modeled CH4 generation.

Revised to 

include inert 

waste streams.

Unit/process Operating 

Characteristics That are Not 

Inputs to Emission Equations

Not emission data and not CBI

TT 98.466(c)(5)(i) WIP at start of reporting year , or design capacity 

for closed landfills

New Inputs to Emission Equations No determination4 

TT 98.466(c)(5)(ii) The cumulative quantity of waste placed in the 

landfill 

New Inputs to Emission Equations No determination4 

TT 98.466(c)(5)(iii) YrLast New Inputs to Emission Equations No determination4 

TT 98.466(c)(5)(iv) YrOpen New Inputs to Emission Equations No determination4 

TT 98.466(c)(5)(v) NYrData New Inputs to Emission Equations No determination4 

TT 98.466(d)(3) For each waste stream, indication as to whether 

the DOCx was a default value from Table TT-1 or 

a value determined through measurement.

Revised to clarify 

that the data 

element must be 

reported for each 

waste stream.

Calculation Methodology & 

Method, Tier

Emission data 
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Subpart

Rule Citation for Data Reporting 

Element (new data elements; no change 

from previous citation for revised data 

elements) Data Element Description New or revised? Data Category Assignment 

Determination (Applying 

established categorical or 

individual determination)

TT 98.466(h)(1) For landfills with gas collection systems, methane 

generation, adjusted for oxidation, calculated 

using equation TT-6

Revised to clarify 

this requirement 

should be 

calculated using 

Equation TT-6

Emissions Emission data 

TT 98.466(h)(2) For landfills with gas collection systems, oxidation 

factor used in Equation TT-6.

New Inputs to Emission Equations No determination4 

Appendix A-2

Final Data Category Assignments for Suppliers4[Subparts NN, QQ, RR, and UU]

Subpart

Rule Citation for Data Reporting 

Element (new data elements; no change 

from previous citation for revised data 

elements) Data Element Description New or revised? Data Category Assignment 

Determination (Applying 

established categorical or 

individual determination)

NN 98.406(a)(4)(i) NGL Fractionator: Annual quantity (in barrels) of 

y-grade, o-grade, or other bulk NGLs received.

Revised to specify 

quantity and 

materials

received.

Amount and Composition of 

Materials Received

Data element is CBI

NN 98.406(a)(4)(ii) NGL Fractionator: Annual quantity (in barrels) of 

y-grade, o-grade, or other bulk NGLs supplied to 

downstream users that are not fractionated by the 

reporter.

Revised to specify 

quantity and 

materials supplied 

downstream.

Amount and Composition of 

Materials Received

Data element is CBI

 

4

Supplier data does not meet the definition of emission data; see Confidentiality Determinations for Data Required Under the Mandatory Greenhouse Gas Reporting Rule and Amendments to Special Rules 

Governing Certain Information Obtained Under the Clean Air Act (76 FR 30785, My 26, 2011)
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Subpart

Rule Citation for Data Reporting 

Element (new data elements; no change 

from previous citation for revised data 

elements) Data Element Description New or revised? Data Category Assignment 

Determination (Applying 

established categorical or 

individual determination)

NN 98.406(b)(2) LCDs: Annual volume in Mscf of natural gas 

placed into storage or liquified and stored (Fuel 1 

in Equation NN-5a).

Revised to 

harmonize 

reporting 

requirements with 

calculation 

changes.

Production/Throughput 

Quantities and Composition

Data element is not CBI

NN 98.406(b)(3) LCDs: Annual volume in Mscf of vaporized 

liquefied natural gas (LNG) produced at on-system 

vaporization facilities for delivery on the

distribution system (Fuel2 in Equation NN-5a).

Revised to 

harmonize 

reporting 

requirements with 

calculation 

changes.

Amount and Composition of 

Materials Received

Data element is CBI

NN 98.406(b)(3) LCDs: Annual volume in Mscf of natural gas 

withdrawn from on-system storage for delivery on 

the distribution system (Fuel2 in Equation NN-5a).

New Amount and Composition of 

Materials Received

Data element is CBI

NN 98.406(b)(5) LCDs: Annual volume in Mscf of natural gas that 

bypassed the city gates and was supplied through 

the LDC distribution system. This includes 

natural gas from producers and natural gas 

processing plants from local production, or natural 

gas that was vaporized upon receipt and delivered, 

and any other source that bypassed the city gate 

(Fuelz in Equation NN-5b).

Revised to 

harmonize 

reporting 

requirements with 

calculation 

changes.

Amount and Composition of 

Materials Received

Data element is CBI

NN 98.406(b)(7) LCDs: Annual volume in Mscf of natural gas 

delivered by the LDC to each large end-user as 

defined in §98.403(b)(2)(i).

Revised to clarify 

amount delivered 

to each sales or 

transportation 

customer’s 

facility.

Customer and Vendor 

Information

Data element is CBI

NN 98.406(b)(12) LCDs: Meter number for each end-user reported in 

paragraph (b)(7).

Revised to specify 

end-user instead 

of meter reading.

Customer and Vendor 

Information

Data element is CBI
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Subpart

Rule Citation for Data Reporting 

Element (new data elements; no change 

from previous citation for revised data 

elements) Data Element Description New or revised? Data Category Assignment 

Determination (Applying 

established categorical or 

individual determination)

NN 98.406(b)(12) LCDs: Whether the quantity of natural gas 

reported in paragraph (b)(7) is the total quantity 

delivered or the quantity delivered to a large enduser’s facility, or the quantity delivered to a 

specific meter located at the facility.

New Customer and Vendor 

Information

Data element is CBI

QQ 98.436(a)(6)(iii) If the reporter does not know the identity and the 

mass of the F-GHGs within the closed cell foam:

For closed cell foams that are not imported inside 

of equipment, the density in CO2e of the F-GHGs 

in the foam.

Revised to change

mass to density.

Production/Throughput 

Quantities and Composition

Data element is CBI

QQ 98.436(b)(6)(iii) If the reporter does not know the identity and the 

mass of the F-GHGs within the closed cell foam: 

For closed cell foams that are not exported inside 

of equipment, the density in CO2e of the F-GHGs 

in the foam.

Revised to change 

mass to density.

Production/Throughput 

Quantities and Composition

Data element is CBI

RR 98.446(b)(5) The standard or method used to calculate each 

value in paragraphs (b)(1), (b)(2), and (b)(3) of 40 

CFR 98.446.

Revised to 

include paragraph 

(b)(3).

Calculation, Test, and 

Calibration Data

Data element is not CBI

UU 98.476(b)(5) The standard or method used to calculate each 

value in paragraphs (b)(1), (b)(2), and (b)(3) of 40 

CFR 98.476.

Revised to 

include paragraph 

(b)(3).

Calculation, Test, and 

Calibration Data

Data element is not CBI

UU 98.476(e)(1) Whether the facility received a Research and 

Development project exemption from reporting 

under 40 CFR Part 98 subpart RR for the reporting 

year.

New Unit/Process Operating 

Characteristics

Data element is not CBI

UU 98.476(e)(1) If you received a Research and Development 

project exemption from reporting under 40 CFR 

Part 98 subpart RR for the reporting year, the start 

date of the exemption.

New Unit/Process Operating 

Characteristics

Data element is not CBI

UU 98.476(e)(1) If you received a Research and Development 

project exemption from reporting under 40 CFR 

Part 98 subpart RR for the reporting year, the end 

date of the exemption.

New Unit/Process Operating 

Characteristics

Data element is not CBI
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Subpart

Rule Citation for Data Reporting 

Element (new data elements; no change 

from previous citation for revised data 

elements) Data Element Description New or revised? Data Category Assignment 

Determination (Applying 

established categorical or 

individual determination)

UU 98.476(e)(2) Whether the facility includes a well or group of 

wells where a CO2 stream was injected into 

subsurface geologic formations to enhance the 

recovery of oil during the reporting year.

New Unit/Process Operating 

Characteristics

Data element is not CBI

UU 98.476(e)(3) Whether the facility includes a well or group of 

wells where a CO2 stream was injected into 

subsurface geologic formations to enhance the 

recovery of natural gas during the reporting year.

New Unit/Process Operating 

Characteristics

Data element is not CBI

UU 98.476(e)(4) Whether the facility includes a well or group of 

wells where a CO2 stream was injected into 

subsurface geologic formations for acid gas 

disposal during the reporting year.

New Unit/Process Operating 

Characteristics

Data element is not CBI

UU 98.476(e)(5) Whether the facility includes a well or group of 

wells where a CO2 stream was injected for a 

purpose other than those listed in (e)(1)through (4) 

of 40 CFR 98.476.

New Unit/Process Operating 

Characteristics

Data element is not CBI

UU 98.476(e)(5) The purpose of the injection, if you injected CO2

for a purpose of than those listed in paragraph 

(e)(1) through (4) of 40 CFR 98.476.

New Unit/Process Operating 

Characteristics

Data element is not CBI