EPA Administrator Lisa P. Jackson signed the following document on 

February 16, 2012, and EPA is submitting it for publication in the 

Federal Register (FR). While we have taken steps to ensure the 

accuracy of this Internet version of the document, it is not the 

official version. Please refer to the official version in a 

forthcoming FR publication, which will appear on the Government 

Printing Office's FDSys website 

(http://fdsys.gpo.gov/fdsys/search/home.action). {It will also appear 

on Regulations.gov (http://www.regulations.gov) in Docket No. EPA-HQOAR-2011-0028}.

6560.50

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0028; FRL- ]

RIN 2060-AQ70

Proposed Confidentiality Determinations for the Petroleum and 

Natural Gas Systems Source Category, and Amendments to Table A7, of the Greenhouse Gas Reporting Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed Rule.

SUMMARY: This action re-proposes confidentiality determinations 

for the data elements in subpart W, the petroleum and natural 

gas systems category, of the Mandatory Reporting of Greenhouse 

Gases Rule. On July 7, 2010, the EPA proposed confidentiality 

determinations for then-proposed subpart W data elements and is 

now issuing this re-proposal due to significant changes to 

certain data elements in the final subpart W reporting 

requirements. The EPA is also proposing to assign 10 recently 

added reporting elements as “Inputs to Emission Equations” and 
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

to defer their reporting deadline to March 31, 2015, consistent 

with the agency’s approach in the August 25, 2011 rule which 

finalized the deferral of some reporting data elements that are 

inputs to emissions equations.

DATES: Comments. Comments must be received on or before [INSERT 

THE DATE 30 DAYS AFTER THE DATE OF PUBLICATION OF THIS PROPOSED 

RULE IN THE FEDERAL REGISTER] unless a public hearing is held, 

in which case comments must be received on or before [INSERT THE 

DATE 45 DAYS AFTER THE DATE OF PUBLICATION OF THIS PROPOSED RULE 

IN THE FEDERAL REGISTER]. 

Public Hearing. To request a hearing, please contact the 

person listed in the FOR FURTHER INFORMATION CONTACT section by 

[INSERT THE DATE 7 DAYS AFTER THE DATE OF PUBLICATION OF THIS 

PROPOSED RULE IN THE FEDERAL REGISTER]. Upon such request, the 

EPA will hold the hearing on [INSERT THE DATE 15 DAYS AFTER THE 

DATE OF PUBLICATION OF THIS PROPOSED RULE IN THE FEDERAL 

REGISTER] in the Washington, DC area. The EPA will publish 

further information about the hearing in the Federal Register if 

a hearing is requested.

ADDRESSES: You may submit your comments, identified by Docket ID 

No. EPA–HQ–OAR–2011-0028, by one of the following methods:

• Federal eRulemaking Portal: http://www.regulations.gov.

Follow the online instructions for submitting comments.

• Email: GHGReportingCBI@epa.gov
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

• Fax: (202) 566–1741.

• Mail: Environmental Protection Agency, EPA Docket Center 

(EPA/DC), Mailcode 6102T, Attention Docket ID No. EPA–HQ–

OAR–2011-0028, 1200 Pennsylvania Avenue, NW., Washington, 

DC 20460.

 Hand Delivery: EPA Docket Center, Public Reading Room, EPA 

West Building, Room 3334, 1301 Constitution Avenue, NW., 

Washington, DC 20004. Such deliveries are only accepted 

during the Docket’s normal hours of operation, and special 

arrangements should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to Docket ID No. EPA–HQ–

OAR–2011-0028. The EPA’s policy is that all comments received 

will be included in the public docket without change and may be 

made available online at http://www.regulations.gov, including 

any personal information provided, unless the comment includes 

information claimed to be confidential business information 

(CBI) or other information whose disclosure is restricted by 

statute.

Do not submit information that you consider to be CBI or 

otherwise protected through http://www.regulations.gov or email.

Send or deliver information identified as CBI to only the mail 

or hand/courier delivery address listed above, attention: Docket 

ID No. EPA-HQ-OAR-2011-0028. The http://www.regulations.gov

website is an “anonymous access” system, which means the EPA 

will not know your identity or contact information unless you 

provide it in the body of your comment. If you send an email 

comment directly to the EPA without going through 
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

http://www.regulations.gov, your email address will be 

automatically captured and included as part of the comment that 

is placed in the public docket and made available on the 

Internet. If you submit an electronic comment, then the EPA 

recommends that you include your name and other contact 

information in the body of your comment and with any disk or CD–

ROM you submit. If the EPA cannot read your comment due to 

technical difficulties and cannot contact you for clarification, 

the EPA may not be able to consider your comment. Electronic 

files should avoid the use of special characters, any form of 

encryption, and be free of any defects or viruses.

Docket: All documents in the docket are listed in the 

http://www.regulations.gov index. Although listed in the index, 

some information is not publicly available, e.g., CBI or other 

information whose disclosure is restricted by statute. Certain 

other material, such as copyrighted material, will be publicly 

available only in hard copy. Publicly available docket materials 

are available either electronically in 

http://www.regulations.gov or in hard copy at the Air Docket, 

EPA/DC, EPA West, 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.
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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: GHGReportingRule@epa.gov.

For technical information and implementation materials, please 

go to the website 

http://www.epa.gov/climatechange/emissions/subpart/w.html.

To submit a question, select Rule Help Center, followed by 

“Contact Us.”

SUPPLEMENTARY INFORMATION:

Worldwide Web (WWW). In addition to being available in the 

docket, an electronic copy of this proposal, memoranda to the 

docket, and all other related information will also be available 

through the WWW on EPA’s greenhouse gas reporting rule website 

at 

http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

Additional information on submitting comments. To expedite 

review of your comments by agency staff, you are encouraged to 

send a separate copy of your comments, in addition to the copy 

you submit to the official docket, to Carole Cook, U.S. EPA, 

Office of Atmospheric Programs, Climate Change Division, Mail 

Code 6207–J, Washington, DC 20460, telephone (202) 343–9263, 

email address: 
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

GHGReportingRule@epa.gov. 

Acronyms and Abbreviations. The following acronyms and 

abbreviations are used in this document.

API American Petroleum Institute

BAMM Best Available Monitoring Methods

BOEMRE Bureau of Energy Management and Regulatory Enforcement

CAA Clean Air Act

CEMS continuous emission monitoring system

CO2 carbon dioxide

CO2e carbon dioxide equivalent

CBI confidential business information

CFR Code of Federal Regulations

EIA U.S. Energy Information Administration

EOR enhanced oil recovery

EPA U.S. Environmental Protection Agency

FERC Federal Energy Regulatory Commission

GASIS Gas Information System

GHG greenhouse gas

ICR Information Collection Request

LDC local natural gas distribution company

LNG liquefied natural gas

MMBtu million Btu

MMscfd million standard cubic feet per day

NESHAP national emission standards for hazardous air pollutants

NGLs natural gas liquids

N2O nitrous oxide

NTTAA National Technology Transfer and Advancement Act of 1995

OMB Office of Management & Budget

psia pounds per square inch

RFA Regulatory Flexibility Act

T-D transmission - distribution

UIC Underground Injection Control

UMRA Unfunded Mandates Reform Act of 1995
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

U.S. United States

WWW Worldwide Web

Organization of This Document. The following outline is 

provided to aid in locating information in this preamble. 

I. General Information

A. What is the purpose of this action?

B. Does this action apply to me?

C. Legal Authority

D. What should I consider as I prepare my comments to the EPA?

II. Background and General Rationale

A. Background on Subpart W CBI Re-Proposal

B. Background on data elements in the “Inputs to Emission 

Equations” data category

III. Re-Proposal of CBI Determinations for Subpart W.

A. Overview

B. Approach to Making Confidentiality Determinations

C. Proposed Confidentiality Determinations for Individual Data 

Elements in Two Data Categories

D. Commenting on the Proposed Confidentiality Determinations

IV. Proposed Deferral of Inputs to Emission Equations for 

Subpart W and Amendments to Table A-7

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
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

I. General Information

A. What is the purpose of this action?

The EPA is re-proposing confidentiality determinations for 

the data elements in subpart W of 40 CFR part 98 of the 

Mandatory Reporting of Greenhouse Gases Rule (hereinafter 

referred to as “Part 98”). Subpart W of Part 98 requires 

monitoring and reporting of greenhouse gas (GHG) emissions from 

petroleum and natural gas systems. The petroleum and natural gas 

systems source category (hereinafter referred to as “subpart W”) 

includes facilities that have emissions equal to or greater than 

25,000 metric tons carbon dioxide equivalent (mtCO2e).

The proposed confidentiality determinations in this notice 

cover all of the data elements that are currently in subpart W 

except for those that are in the “Inputs to Emission Equations” 

data category. The covered data elements and their proposed data 

category assignments are listed by data category in the 

memorandum entitled “Proposed Data Category Assignments for 

Subpart W” in Docket ID No. EPA-HQ-OAR-2011-0028.

This proposal also contains updates to Table A-7 of Part 

98, the table of inputs to emission equations whose reporting 

deadline we have deferred until 2015. These data elements were 

added or revised to subpart W as a result of technical revisions 

made on December 23, 2011 (76 FR 80554).

B. Does this action apply to me?
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

This proposal affects entities that are required to submit 

annual GHG reports under subpart W of Part 98. Subpart W applies 

to facilities in eight segments of the petroleum and natural gas 

industry that emit GHGs greater than or equal to 25,000 metric 

tons of CO2 equivalent per year. These eight segments are: 

• Offshore petroleum and natural gas production (from 

offshore platforms). 

• Onshore petroleum and natural gas production (including 

equipment on a single well-pad or associated with a single 

well pad used in the production, extraction, recovery, 

lifting, stabilization, separation or treating of petroleum 

and/or natural gas (including condensate). 

• Onshore natural gas processing (separation of natural gas 

liquids (NGLs) or non-methane gases from produced natural 

gas, or the separation of NGLs into one or more component 

mixtures). 

• Onshore natural gas transmission compression (use of 

compressors to move natural gas from production fields, 

natural gas processing plants, or other transmission 

compressors through transmission pipelines to natural gas 

distribution pipelines, LNG storage facilities, or into 

underground storage). 

• Underground natural gas storage (subsurface storage of 

natural gas, natural gas underground storage processes and 

operations, and wellheads connected to the compression 

units located at the facility where injections and 

recovering of natural gas takes place into and from 

underground reservoirs). 

• Liquefied natural gas (LNG) storage (onshore LNG storage 

vessels located above ground, equipment for liquefying 

natural gas, compressors to capture and re-liquefy boiloff-gas, re-condensers, and vaporization units for 

regasification of the liquefied natural gas).

• LNG import and export facilities (onshore and offshore 

equipment importing or exporting LNG via ocean transport, 

including liquefaction of natural gas to LNG, storage of 

LNG, transfer of LNG, and re-gasification of LNG to natural 

gas).
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

 Natural gas distribution (distribution pipelines and 

metering and regulating equipment at metering-regulating 

stations that re operated by a local distribution company 

(LDC) within a single state that is regulated as a separate 

operating company by a public utility commission or that is 

operated as an independent municipally-owned distribution 

system). 

For a summary of the source category definitions for 

subpart W, which includes further background on these eight 

industry segments, please see 40 CFR 98.230 of the subpart W 

final rule (75 FR 74490, November 30, 2010 and 76 FR 80554).

The Administrator determined that this action is subject to 

the provisions of Clean Air Act (CAA) section 307(d). If 

finalized, these amended regulations could affect owners or 

operators of petroleum and natural gas systems. Regulated 

categories and entities may include those listed in Table 1 of 

this preamble:

Table 1. Examples of Affected Entities by Category

Source Category NAICS Examples of affected 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.

Table 1 of this preamble is not intended to be exhaustive, 

but rather provides a guide for readers regarding facilities 

likely to be affected by this action. Other types of facilities 
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

not listed in the table could also be affected. To determine 

whether you are affected by this action, you should carefully 

examine the applicability criteria found in 40 CFR part 98 

subpart A, and subpart W. If you have questions regarding the 

applicability of this action to a particular facility, consult 

the person listed in the preceding FOR FURTHER INFORMATION 

CONTACT section. 

C. Legal Authority

The EPA is proposing rule amendments under its existing CAA 

authority, specifically authorities provided in CAA section 114.

As stated in the preamble to the 2009 final rule (74 FR 56260, 

October 30, 2009) and the Response to Comments on the Proposed 

Rule, Volume 9, Legal Issues, CAA section 114 provides the EPA 

broad authority to obtain the information in Part 98, including 

those in subpart W, because such data would inform and are 

relevant to the EPA’s carrying out a wide variety of CAA 

provisions. As discussed in the preamble to the initial proposed 

Part 98 (74 FR 16448, April 10, 2009), CAA section 114(a)(1) 

authorizes the Administrator to require emissions sources, 

persons subject to the CAA, manufacturers of control or process 

equipment, or persons whom the Administrator believes may have 

necessary information to monitor and report emissions and 

provide such other information the Administrator requests for 

the purposes of carrying out any provision of the CAA.
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

D. What should I consider as I prepare my comments to the EPA?

1. Submitting Comments That Contain CBI.

Clearly mark the part or all of the information that you 

claim to be CBI. For CBI information in a disk or CD ROM that 

you mail to the EPA, mark the outside of the disk or CD ROM as 

CBI and then identify electronically within the disk or CD ROM 

the specific information that is claimed as CBI. In addition to 

one complete version of the comment that includes information 

claimed as CBI, a copy of the comment that does not contain the 

information claimed as CBI must be submitted for inclusion in 

the public docket. Information marked as CBI will not be 

disclosed except in accordance with procedures set forth in 40 

CFR part 2.

Do not submit information that you consider to be CBI or 

otherwise protected through http://www.regulations.gov or email. 

Send or deliver information identified as CBI to only the mail 

or hand/courier delivery address listed above, attention: Docket 

ID No. EPA-HQ-OAR-2011-0028.

If you have any questions about CBI or the procedures for 

claiming CBI, please consult the person identified in the FOR 

FURTHER INFORMATION CONTACT section.

2. Tips for Preparing Your Comments

When submitting comments, remember to:

Identify the rulemaking by docket number and other 
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

identifying information (e.g., subject heading, Federal Register

date and page number).

Follow directions. The EPA may ask you to respond to 

specific questions or organize comments by referencing a CFR 

part or section number.

Explain why you agree or disagree, and suggest alternatives 

and substitute language for your requested changes.

Describe any assumptions and provide any technical 

information and/or data that you used.

If you estimate potential costs or burdens, explain how you 

arrived at your estimate in sufficient detail to allow us to 

reproduce your estimate.

Provide specific examples to illustrate your concerns and 

suggest alternatives.

Explain your views as clearly as possible, avoiding the use 

of profanity or personal threats.

Make sure to submit your information and comments by the 

comment period deadline identified in the preceding section 

titled DATES. To ensure proper receipt by the EPA, be sure to 

identify the docket ID number assigned to this action in the 

subject line on the first page of your response. You may also 

provide the name, date, and Federal Register citation.

To expedite review of your comments by agency staff, you 

are encouraged to send a separate copy of your comments, in 
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

addition to the copy you submit to the official docket, to 

Carole Cook, U.S. EPA, Office of Atmospheric Programs, Climate 

Change Division, Mail Code 6207-J, Washington, DC, 20460, 

telephone (202) 343–9263, email GHGReportingCBI@epa.gov. You are 

also encouraged to send a separate copy of your CBI information 

to Carole Cook at the provided mailing address in the FOR 

FURTHER INFORMATION CONTACT section. Please do not send CBI to 

the electronic docket or by email.

II. Background and General Rationale

A. Background on Subpart W CBI Re-Proposal 

On October 30, 2009, the EPA published the Mandatory 

Reporting of Greenhouse Gases Final Rule, 40 CFR part 98, for 

collecting information regarding greenhouse gases (GHGs) from a 

broad range of industry sectors (74 FR 56260). Under Part 98 and 

its subsequent amendments, certain facilities and suppliers 

above specified thresholds are required to report GHG 

information to the EPA annually. The data to be reported consist 

of GHG emission and supply information as well as other data, 

including information necessary to characterize, quantify, and 

verify the reported emissions and supplied quantities. In the 

preamble to Part 98, we stated, “[t]hrough a notice and comment 

process, we will establish those data elements that are 

‘emissions data’ and therefore [under CAA section 114(c)] will 

not be afforded the protections of CBI. As part of that exercise
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

and in response to requests provided in comments, we may 

identify classes of information that are not emissions data, and 

are CBI” (74 FR 56287, October 30, 2009).

On July 7, 2010, the EPA proposed confidentiality 

determinations for data elements of all GHGRP subparts of Part 

98 (75 FR 39094, hereinafter referred to as the “July 7, 2010 

CBI Proposal”).

On May 26, 2011, the EPA published the final CBI 

determinations for the data elements in 34 Part 98 subparts, 

except for those data elements that were assigned to the “Inputs 

to Emission Equations” data category (76 FR 30782, hereinafter 

referred to as the “Final CBI Rule”). That final rule did not 

include CBI determinations for subpart W for the reasons 

described above.

The Final CBI Rule: (1) Created and finalized 22 data 

categories for part 98 data elements; (2) assigned data elements

in 34 subparts to appropriate data categories; (3) for 16 data 

categories, issued category-based final CBI determinations for 

all data elements assigned to the category; and (4) for the 

other five data categories (excluding the inputs to emission 

equations category), the EPA determined that the data elements 

assigned to those categories were not "emission data” but made 

individual final CBI determination for those data elements.

Finally, the EPA did not make final confidentiality 
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

determinations for the data elements assigned to the “Inputs to 

Emission Equations” data category.

Subpart W reporting requirements were finalized on November 

30, 2010 (75 FR 74458), and the EPA has published two revisions 

to the final subpart W reporting requirements since that data.

On September 27, 2011, the EPA published the final rule: 

“Mandatory Reporting of Greenhouse Gases: Petroleum and Natural 

Gas Systems: Revisions to Best Available Monitoring Method 

Provisions” (76 FR 59533, hereinafter referred to as the “BAMM 

Final Rule”), which revised certain BAMM extension request data 

elements and added a new data element in subpart W.

Additionally, on December 23, 2011 the EPA published the final 

rule: “Mandatory Reporting of Greenhouse Gases: Technical 

Revisions to the Petroleum and Natural Gas Systems Category of 

the Greenhouse Gas Reporting” (76 FR 80554, hereinafter referred 

to as the “Technical Revisions Rule”), which provided 

clarification on existing requirements, increased flexibility 

for certain calculation methods, amended data reporting 

requirements, clarified terms and definitions, and made 

technical corrections. This action finalized the addition or 

revision of over 200 subpart W data elements. Today’s reproposal of confidentiality determinations for data elements 

addresses the subpart W data elements as finalized, including 
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

the revisions in the BAMM Final Rule and Technical Revisions 

Rule. 

B. Background on Data Elements in the “Inputs to Emission 

Equations” Data Category

The EPA received numerous public comments on the July 7, 

2010 CBI Proposal. In particular, the EPA received comments that 

raised serious concerns regarding the public availability of 

data in the “Inputs to Emission Equations” category. In light of 

those comments, the EPA took three concurrent actions, which are 

as follows: 

• Call for Information: Information on Inputs to Emission 

Equations under the Mandatory Reporting of Greenhouse Gases 

Rule, 75 FR 81366 (December 27, 2010)(hereinafter referred 

to as the “Call for Information”).

• Change to the Reporting Date for Certain Data Elements 

Required Under the Mandatory Reporting of Greenhouse Gases 

Rule; Proposed Rule, 75 FR 81350 (December 27, 2010) 

(hereinafter referred to as the “Deferral Proposal”).

 Interim Final Regulation Deferring the Reporting Date for 

Certain Data Elements Required Under the Mandatory 

Reporting of Greenhouse Gases Rule, 75 FR 81338 (December 

27, 2010) (hereinafter referred to as the “Interim Final 

Rule”).

On August 25, 2011, the EPA published the final “Change to 

the Reporting Date for Certain Data Elements Required Under the 

Mandatory Reporting of Greenhouse Gases Rule” (76 FR 53057, 

hereinafter referred to as the “Final Deferral”). In that 

action, the EPA deferred the deadline for reporting some “Inputs 

to Emission Equations” data elements to March 31, 2013, and 
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

others to March 31, 2015. Data elements with the March 31, 2013

reporting deadline are identified in Table A-6 of subpart A and 

those with the March 31, 2015 reporting deadline are identified 

in Table A-7 to subpart A. For subpart W, the EPA deferred the 

reporting of all data elements classified as “Inputs to Emission 

Equations” as of the publication of the Final Deferral until 

March 31, 2015.

Currently, Table A-7 does not reflect the changes or 

additions to inputs to equations made in the Technical Revisions 

Rule. The agency is now addressing this in today’s action.

III. Re-Proposal of CBI Determinations for Subpart W.

A. Overview

We propose to assign each of the data elements in subpart 

W, a direct emitter subpart, to one of eleven direct emitter 

data categories created in the Final CBI Rule. As noted 

previously, for 8 of the 11 direct emitter categories, the EPA 

has made categorical confidentiality determinations, finalized 

in the Final CBI Rule. For these eight categories, the EPA is 

proposing to apply the categorical confidentiality 

determinations (made in the Final CBI Rule) to the subpart W 

reporting elements assigned to each of these categories.

In the Final CBI Rule, for 2 of the 11 data categories, the 

EPA did not make categorical confidentiality determinations, but 

rather made confidentiality determinations on an element by 
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

element basis. We are therefore following the same approach in 

this action for the subpart W reporting elements assigned to 

these 2 categories.

Lastly, in the Final CBI Rule, for the final data category, 

“Inputs to Emissions Equations”; the EPA did not make a final 

confidentiality determination and indicated that this issue 

would be addressed in a future action. Please note that in the 

Final Deferral, the EPA already assigned certain subpart W data 

elements to the “Inputs to Emission Equations” data category.

However, since then, 10 data elements were added to subpart W 

after the Final Deferral was promulgated. The EPA is proposing 

to assign these 10 new data elements to the “Inputs to Emission 

Equations” data category, as well as proposing to defer the 

reporting of these inputs until 2015. Please see the memorandum 

entitled “Proposed Data Category Assignments for Subpart W” in 

Docket ID No. EPA-HQ-OAR-2011-0028 for a listing of the data 

elements that the EPA is proposing to assign to this data 

category. Note that we are not proposing confidentiality 

determinations at this time for any subpart W data elements 

assigned to the “Inputs to Emissions Equations” data category 

and plan to propose confidentiality determinations for elements 

in this data category in a later action. Please see the 

following website for further information on this topic: 

http://www.epa.gov/climatechange/emissions/CBI.html.
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Table 2 of this preamble summarizes the confidentiality 

determinations that were made in the Final CBI Rule for the 

following direct emitter data categories created in that notice.

Please note that the “Inputs to Emission Equations” data 

category is excluded, as final determinations for that category 

have not yet been made.

Table 2. Summary of Final Confidentiality Determinations for 

Direct Emitter Data Categories 

Data Category

Confidentiality Determination for Data 

Elements in Each Category

Emission 

Dataa

Data That 

Are Not 

Emission 

Data and Not 

CBI

Data That 

Are Not 

Emission 

Data But Are 

CBIb

Facility and Unit 

Identifier Information

X

Emissions X

Calculation Methodology 

and Methodological Tier

X

Data Elements Reported 

for Periods of Missing 

Data that are Not 

Inputs to Emission 

Equations

X

Unit/Process “Static” 

Characteristics that 

are Not Inputs to 

Emission Equations

X

c Xc

Unit/Process Operating 

Characteristics that 

are Not Inputs to 

Emission Equations

X

c Xc

Test and Calibration 

Methods

X

Production/Throughput 

Data that are Not 

Inputs to Emission 

Equations

X
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Data Category

Confidentiality Determination for Data 

Elements in Each Category

Emission 

Dataa

Data That 

Are Not 

Emission 

Data and Not 

CBI

Data That 

Are Not 

Emission 

Data But Are 

CBIb

Raw Materials Consumed 

that are Not Inputs to 

Emission Equations

X

Process-Specific and 

Vendor Data Submitted 

in BAMM Extension 

Requests

X

a Under CAA section 114(c), “emission data” are not entitled to confidential 

treatment. The term “emission data” is defined at 40 CFR 2.301(a)(2)(i).

b Section 114(c) of the CAA affords confidential treatment to data (except 

emission data) that are considered CBI.

c In the Final CBI Rule, this data category contains both data elements 

determined to be CBI and those determined not to be CBI. 

We are requesting comment on several aspects of this 

proposal. First, we seek comment on the proposed data category 

assignment for each of these data elements. If you believe that 

the EPA has improperly assigned certain data elements in this 

subpart to one of the data categories, please provide specific 

comments identifying which data elements may be mis-assigned 

along with a detailed explanation of why you believe them to be 

incorrectly assigned and in which data category you believe they 

best would belong.

Second, we seek comment on our proposal to apply the 

categorical confidentiality determinations (made in the Final 

CBI Rule for eight direct emitter data categories) to the data 

elements in subpart W that are assigned to those categories.
Page 22 of 76

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Third, for those data elements assigned to the two direct 

emitter data categories without categorical CBI determinations, 

we seek comment on the individual confidentiality determinations 

we are proposing for these data elements. If you comment on this 

issue, please provide specific comment along with detailed 

rationale and supporting information on whether such data 

element does or does not qualify as CBI. 

Because this is a re-proposal, the EPA is not responding to 

previous comments submitted on the July 7, 2010 CBI Proposal 

relative to the data elements in this subpart. Although the EPA 

considered those comments when developing this re-proposal, we 

encourage you to resubmit all relevant comments to ensure their 

consideration by the EPA in this rulemaking. In resubmitting 

previous comments, please make any necessary changes to clarify 

that you are addressing the re-proposal and add details as 

requested in Section III.D of this preamble.

B. Approach to Making Confidentiality Determinations

For a direct emitter subpart such as subpart W, the EPA 

proposes to assign each data element to one of 11 direct emitter 

data categories. As noted previously, the EPA made categorical 

confidentiality determinations for eight direct emitter data 

categories, and the EPA proposes to apply those final 

determinations to the subpart W data elements assigned to those

categories in this rulemaking. For the data elements in the two 
Page 23 of 76

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

non-inputs direct emitter data categories that do not have 

categorical confidentiality determinations, we are proposing to 

make confidentiality determinations on an individual data 

element basis.1

The following two direct emitter data categories do not 

have category-based CBI determinations: “Unit/Process ‘Static’ 

Characteristics That are Not Inputs to Emission Equations” and 

“Unit/Process Operating Characteristics That are Not Inputs to 

Emission Equations.” For these two categories, the EPA evaluated 

the individual data elements assigned to these categories to 

determine whether individual data elements qualify as CBI. In 

the sections below, the EPA explains the data elements in these 

two categories and states the reasons for proposing to determine 

that each does or does not qualify as CBI under CAA section 

114(c). The EPA is specifically soliciting comments on the CBI 

proposals for data elements in these two data categories. In 

section III.C of this preamble, the data elements in these two 

data categories are listed individually by data category along 

with the proposed confidentiality determination. The data 

elements along with their proposed confidentiality 

determinations are also listed in the memorandum entitled 

 

1 As mentioned above, EPA determined that data elements in these two 

categories are not “emission data” under CAA section 114(c) and 40 CFR 

2.301(a)(2)(i) for purposes of determining the GHG emissions to be reported 

under Part 98. That determination applies to data elements in subpart W 

assigned to those categories through this rulemaking. 
Page 24 of 76

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

“Proposed Data Category Assignments for Subpart W” in Docket ID 

No. EPA-HQ-OAR-2011-0028.

C. Proposed Confidentiality Determinations for Individual Data 

Elements in Two Data Categories

The EPA is proposing to assign 28 subpart W data elements 

to the “Unit/Process 'Static' Characteristics that Are Not 

Inputs to Emission Equations” data category because they are 

basic characteristics of units, equipment, abatement devices, 

and other facility-specific characteristics that do not vary 

with time or with the operations of the process (and are not 

inputs to emission equations). These 28 data elements are

proposed as non-CBI with the rationales shown in Table 3 of this 

preamble as follows:

Table 3. Data Elements Proposed to be Assigned to the 

“Unit/Process ‘Static’ Characteristics That are Not Inputs to 

Emission Equations” Data Category.

Citation Data Element Proposed Rationale

1 98.236c4iiiA Count of absorbent 

desiccant 

dehydrators.

Desiccant dehydrators are used to 

dehydrate natural gas. The EPA is 

proposing that the count of desiccant 

dehydrators (in addition to the sizing) 

be non-CBI because the disclosure of 

this type of information is not likely 

to cause substantial competitive harm.

Moreover, these types of equipment are 

typically visible on site even outside 

the fence-line at the operating site 

and are usually not concealed from 

public view. The EPA proposes that this 

data be not confidential and considered 

non-CBI.

2 98.236c8iA Wellhead gas-liquid 

separator with oil 

throughput greater 

than or equal to 10 

Separators are used to separate 

hydrocarbons into liquid and gas 

phases. Separators are typically 

connected to atmospheric storage tanks 
Page 25 of 76

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Citation Data Element Proposed Rationale

barrels per day, 

using Calculation 

Methodology 1 and 2 

of 40 CFR 

98.233(j), where 

reported by subbasin category: 

Number of wellhead 

separators sending 

oil to atmospheric 

tanks.

(hydrocarbon tanks) where hydrocarbon 

liquids are stored. The number of 

wellhead separators sending oil to 

atmospheric tanks can vary widely 

depending on numerous conditions,

including the sizing of the tank and 

throughput of the separators, and the 

number of parties involved with 

handling or processing the separated 

constituents. Information on the count 

of atmospheric storage tanks with a 

throughput above 500 barrels of oil per 

day is already publicly available in 

Title V permits under EPA’s National 

Emission Standards for Hazardous Air 

Pollutants (NESHAP) Subpart HH2 for Oil 

and Gas Production. Any additional 

information required under subpart W 

regarding the number of wellhead 

separators is the same type of 

information already made publicly 

available through the NESHAP and thus 

is a reasonable expansion of that 

information. Further, information about 

the number of wellhead separators 

sending oil to atmospheric tanks does 

not provide insight into the 

performance (ability to separate 

hydrocarbon into different phases) or 

the overall operational efficiency for 

the facility that could cause 

substantial competitive harm if 

disclosed. The EPA proposes that this 

data be not confidential and considered 

non-CBI.

3 98.236c8iD Wellhead gas-liquid 

separator with oil 

throughput greater 

than or equal to 10 

barrels per day, 

using Calculation 

Methodology 1 and 2 

of 40 CFR 

98.233(j), reported 

by sub-basin 

category: Count of 

hydrocarbon tanks 

Information on the count of atmospheric 

storage tanks with a throughput above 

500 barrels of oil per day is already 

publicly available in Title V permits 

under EPA’s National Emission Standards 

for Hazardous Air Pollutants (NESHAP) 

Subpart HH3 for Oil and Gas Production. 

Further, knowledge of whether the tanks 

are located on a well-pad or off a 

well-pad does not provide any insight 

into the operational characteristics of 

the facility, nor does it provide 

 

2

http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=3751089d31ea79d2273ed12c4f723ba9&rgn=div6&view=text&node=40:10.0.1.1.1.

8&idno=40

3

http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=3751089d31ea79d2273ed12c4f723ba9&rgn=div6&view=text&node=40:10.0.1.1.1.

8&idno=40
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Citation Data Element Proposed Rationale

at well pads. insight into sensitive or proprietary 

information about a facility, but 

rather identifies the industry segment 

under subpart W to which the tanks 

belong. The EPA proposes that this data 

be not confidential and considered nonCBI. 

4 98.236c8iE Wellhead gas-liquid 

separator with oil 

throughput greater 

than or equal to 10 

barrels per day, 

using Calculation 

Methodology 1 and 2 

of 40 CFR 

98.233(j), reported 

by sub-basin 

category: Best 

estimate of count 

of stock tanks not 

at well pads 

receiving your oil.

Information on the count of stock tanks 

with a throughput above 500 barrels of 

oil per day is already publicly 

available in Title V permits under 

EPA’s National Emission Standards for 

Hazardous Air Pollutants (NESHAP) 

Subpart HH4 for Oil and Gas Production. 

Further, knowledge of whether the tanks 

are located on a well-pad or off a 

well-pad does not provide any insight 

into the operational characteristics of 

the facility, nor does it provide 

insight into sensitive or proprietary 

information about a facility, but 

rather identifies the industry segment 

under subpart W to which the tanks 

belong. The EPA proposes that this data 

be not confidential and considered nonCBI.

5 98.236c8iG Wellhead gas-liquid 

separator with oil 

throughput greater 

than or equal to 10 

barrels per day, 

using Calculation 

Methodology 1 and 2 

of 40 CFR 

98.233(j), reported 

by sub-basin 

category: Count of 

tanks with 

emissions control 

measures, either 

vapor recovery 

system or flaring, 

for tanks at well 

pads.

Atmospheric storage tanks receive and 

store hydrocarbon liquids typically 

from separators or from onshore 

production wells. Some tanks are 

equipped with vapor recovery units or 

flares to control the tank emissions.

Information on the emission control 

devices associated with tanks are 

included in Title V permits under EPA’s 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP) 

Subpart HH for Oil and Gas Production.

Disclosure of this data does not 

provide insight into the performance or 

the overall operational efficiency for 

the facility that could cause 

substantial competitive harm if 

disclosed. The EPA proposes that this 

data be not confidential and considered 

non-CBI.

 

4

http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=3751089d31ea79d2273ed12c4f723ba9&rgn=div6&view=text&node=40:10.0.1.1.1.

8&idno=40
Page 27 of 76

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Citation Data Element Proposed Rationale

6 98.236c8iH Wellhead gas-liquid 

separator with oil 

throughput greater 

than or equal to 10 

barrels per day, 

using Calculation 

Methodology 1 and 2 

of 40 CFR 

98.233(j), reported 

by sub-basin 

category: Best 

estimate of count 

of stock tanks 

assumed to have 

emissions control 

measures not at 

well pads, 

receiving your oil.

Atmospheric storage tanks (also known 

as stock tanks) receive and store 

hydrocarbon liquids typically from 

separators or from onshore production 

wells. Some tanks are equipped with 

vapor recovery units or flares to 

control the tank emissions. Information 

on the emission control devices 

associated with tanks are included in 

Title V permits under EPA’s National 

Emission Standards for Hazardous Air 

Pollutants (NESHAP) Subpart HH for Oil 

and Gas Production. Disclosure of this 

data does not provide insight into the 

performance or the overall operational 

efficiency for the facility that could 

cause substantial competitive harm if 

disclosed. The EPA proposes that this 

data be not confidential and considered 

non-CBI.

7 98.236c8iC Wellhead gas-liquid 

separator with oil 

throughput greater 

than or equal to 10 

barrels per day, 

using Calculation 

Methodology 1 and 2 

of 40 CFR 

98.233(j), reported 

by sub-basin 

category: Estimated 

average sales oil 

stabilized API 

gravity (degrees) 

(when using 

methodology 1).

API gravity is a measure of the 

relative density of liquid hydrocarbons 

and does not reveal the composition of 

the hydrocarbon liquid or the 

reporter’s productivity. Data on the 

sales oil stabilized API gravity are

made publicly available by many state 

agencies (e.g., the Railroad Commission 

of Texas). Further, information about 

API gravity does not provide insight 

into the performance or the operational 

efficiency for onshore petroleum and 

natural gas production facilities that 

could cause substantial competitive 

harm if disclosed. Moreover, this data 

is reported as an average for a subbasin, which further diminishes any 

possible sensitivity. Because this 

information is publically available and 

is reported only as an average for the 

sub-basin, the EPA proposes this data 

be not confidential and considered nonCBI.

8 98.236c8iC Wellhead gas-liquid 

separator with oil 

throughput greater 

than or equal to 10 

barrels per day, 

using Calculation 

Methodology 1 and 2 

of 40 CFR 

API gravity is a measure of the 

relative density of liquid hydrocarbons 

and does not reveal the composition of 

the hydrocarbon liquid or the 

reporter’s productivity. Data on the 

sales oil stabilized API gravity are

made public by many state agencies 

(e.g., the Railroad Commission of 
Page 28 of 76

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Citation Data Element Proposed Rationale

98.233(j), reported 

by sub-basin 

category: Estimated 

average sales oil 

stabilized API 

gravity (degrees) 

(when using 

methodology 2).

Texas). Further, information about API 

gravity does not provide insight into 

the performance or the operational 

efficiency for onshore petroleum and 

natural gas production facilities that 

could cause substantial competitive 

harm if disclosed. Moreover, this data 

is reported as an average for a subbasin, which further diminishes any 

possible sensitivity. Because this 

information is publically available and 

is reported as an average for the subbasin, the EPA proposes that this data 

be not confidential and considered nonCBI.

9 98.236c8iiiE Wellhead gas-liquid 

separators and 

wells with 

throughput less 

than 10 barrels per 

day, using 

Calculation 

Methodology 5 of 40 

CFR 98.233(j) 

Equation W-15 of 40 

CFR 98.233: Count 

of hydrocarbon 

tanks on well pads.

Information on the count of atmospheric 

storage tanks with a throughput above 

500 barrels of oil per day is already 

publicly available in Title V permits 

under EPA’s National Emission Standards 

for Hazardous Air Pollutants (NESHAP) 

Subpart HH5 for Oil and Gas Production. 

Further, knowledge of whether the tanks 

are located on a well-pad or off a 

well-pad does not provide any insight 

into the operational characteristics of 

the facility, nor does it provide 

insight into sensitive or proprietary 

information about a facility, but 

rather identifies the industry segment 

under subpart W to which the tanks 

belong. The EPA proposes that this data 

be not confidential and considered nonCBI.

10 98.236c8iiF Wells with oil 

production greater 

than or equal to 10 

barrels per day, 

using Calculation 

Methodology 3 and 4 

of 40 CFR 

98.233(j), where 

the following by 

sub-basin category 

are reported: Count 

of hydrocarbon 

tanks, both on and 

off well pads 

assumed to have 

Atmospheric storage tanks (also known 

as hydrocarbon tanks) receive and store 

hydrocarbon liquids typically from 

separators or from onshore production 

wells. Some tanks are equipped with 

vapor recovery units or flares to 

control the tank emissions. Information 

on the emission control devices 

associated with tanks are included in 

Title V permits under EPA’s National 

Emission Standards for Hazardous Air 

Pollutants (NESHAP) Subpart HH for Oil 

and Gas Production. Disclosure of this 

data does not provide insight into the 

performance or the overall operational 

 

5

http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=3751089d31ea79d2273ed12c4f723ba9&rgn=div6&view=text&node=40:10.0.1.1.1.

8&idno=40
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Citation Data Element Proposed Rationale

emissions control 

measures: either 

vapor recovery 

system or flaring 

of tank vapors.

efficiency for the facility that could 

cause substantial competitive harm if 

disclosed. The EPA proposes that this 

data be not confidential and considered 

non-CBI.

11 98.236c8iiC Wells with oil 

production greater 

than or equal to 10 

barrels per day, 

using Calculation 

Methodology 3 and 4 

of 40 CFR 

98.233(j), where 

the following by 

sub-basin category 

are reported: Total 

number of wells 

sending oil to 

separators off the 

well pads.

Information on the number of wells and 

their characteristics, including 

production levels, is publicly 

available through many published 

sources, including the U.S. Energy 

Information Administration6, and 

through commercial databases that are 

available to the public for purchase7. 

Although information on the number of 

wells sending oil to separators that 

are located off well pads may not be 

readily available from public data 

sources, it can generally be assumed 

that oil producing wells send oil 

either to separators or tanks that are 

either located on a well pad or off a 

well pad. Although, in some cases, oil 

is sent directly to tanks and not first 

sent to separators, this is more a 

function of the characteristics of the 

oil and is not correlated with 

sensitive or proprietary information 

about the facility or its processes. 

Thus, disclosure of this data does not 

provide insight into the performance or 

the overall operational efficiency for 

the facility that could cause 

substantial competitive harm if 

disclosed. Because information on oil 

producing wells is already publicly 

available, the EPA proposes to 

determine that these data elements are 

not confidential; they will be 

considered non-CBI.

12 98.236c8iiB Wells with oil 

production greater 

than or equal to 10 

barrels per day, 

using Calculation 

Methodology 3 and 4 

of 40 CFR 

98.233(j), where 

the following by 

Information on the number of wells and 

their characteristics, including 

production levels, is publicly 

available through many published 

sources, including the U.S. Energy 

Information Administration8, and 

through commercial databases that are 

available to the public for purchase9. 

Although information on the number of 

 

6 http://www.eia.gov/dnav/ng/ng_prod_wells_s1_a.htm

7 http://www.didesktop.com/products/

8 http://www.eia.gov/dnav/ng/ng_prod_wells_s1_a.htm

9 http://www.didesktop.com/products/
Page 30 of 76

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Citation Data Element Proposed Rationale

sub-basin category 

are reported: Total 

number of wells 

sending oil 

directly to tanks.

wells sending oil directly to storage 

tanks may not be readily available in 

public data sources, it can generally 

be assumed that oil producing wells 

send oil either to separators or tanks. 

While in some cases, oil is sent 

directly to tanks and not first sent to 

separators, this is more a function of 

the characteristics of the oil and is 

not correlated with sensitive or 

proprietary information about the 

facility or its processes. Thus, 

disclosure of this data does not 

provide insight into the performance or 

the overall operational efficiency for 

the facility that could cause 

substantial competitive harm if 

disclosed. Because information on oil 

producing wells is already publicly 

available, the EPA proposes to 

determine that these data elements are 

not confidential; they will be 

considered non-CBI.

13 98.236c8iiD Wells with oil 

production greater 

than or equal to 10 

barrels per day, 

using Calculation 

Methodology 3 and 4 

of 40 CFR 

98.233(j), where 

the following by 

sub-basin category 

are reported: Sales 

oil API gravity 

range (degrees) for 

wells in 40 CFR 

98.236(c)(8)(ii)(B) 

and (C).

API gravity is a measure of the 

relative density of liquid hydrocarbons 

and does not reveal the composition of 

the hydrocarbon liquid or the 

reporter’s productivity. Data on the 

sales oil stabilized API gravity are

made public by many state agencies 

(e.g., the Railroad Commission of 

Texas). Further, information about API 

gravity does not provide insight into 

the performance or the operational 

efficiency for onshore petroleum and 

natural gas production facilities that 

would likely cause substantial 

competitive harm if disclosed. 

Moreover, this data is reported as a 

range within a sub-basin and not for 

individual wells, which further 

diminishes any possible sensitivity. 

Because this information is publically 

available, and also is reported as an 

average for the sub-basin category, the 

EPA proposes that this data be not 

confidential and considered non-CBI.

14 98.236c8iiE Wells with oil 

production greater 

than or equal to 10 

barrels per day, 

using Calculation 

Methodology 3 and 4 

Information on the count of atmospheric 

storage tanks with a throughput above 

500 barrels of oil per day is already 

publicly available in Title V permits 

under EPA’s National Emission Standards 

for Hazardous Air Pollutants (NESHAP) 
Page 31 of 76

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Citation Data Element Proposed Rationale

of 40 CFR 

98.233(j), where 

the following by 

sub-basin category 

are reported: Count 

of hydrocarbon 

tanks on well pads.

Subpart HH10 for Oil and Gas Production. 

Further, knowledge of whether the tanks 

are located on a well-pad or off a 

well-pad does not provide any insight 

into the operational characteristics of 

the facility. Nor does it provide 

insight into sensitive or proprietary 

information about a facility, but 

rather identifies the industry segment 

under subpart W to which the tanks 

belong. The EPA proposes that this data 

be not confidential and considered nonCBI.

15 98.236c5iE Well venting for 

liquids unloading, 

for Calculation 

Methodology 1, 

where the following 

by each tubing 

diameter group and 

pressure group 

combination within 

each sub-basin 

category are 

reported: Average 

casing diameter or 

internal tubing 

diameter, where 

applicable.

The well casing diameter is the 

diameter of the pipe inserted into a 

recently drilled section of a borehole 

during the well drilling process. Data 

on well casing diameter are publicly 

available from vendors of casing pipes. 

Further, information about well casing 

diameter does not provide insight into 

the performance or the operational 

efficiency for onshore petroleum and 

natural gas production facilities that 

would likely cause substantial 

competitive harm if disclosed. 

Moreover, facilities report this 

information for one well used to 

represent the remaining wells in a 

group. This data element is not 

necessarily the same for other wells in 

the same tubing size and pressure 

group combination and therefore, does

not reveal sufficient data to 

characterize the operations of a 

particular business or compromise any 

of its business advantages. Thus, the 

sensitivity of these data elements is 

further diminished. Because this 

information is publicly available and 

also is reported as an average for a 

group of wells, the EPA proposes that 

this data be not confidential and 

considered non-CBI.

16 98.236c5iE Well venting for 

liquids unloading, 

for Calculation 

Methodology 1, 

where the following 

The well depth is the depth of a 

hydrocarbon well. Data on well depth is 

publicly available from State Oil and 

Gas Commission websites and through 

commercial databases available to the 

 

10 http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=3751089d31ea79d2273ed12c4f723ba9&rgn=div6&view=text&node=40:10.0.1.1.1.

8&idno=40
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Citation Data Element Proposed Rationale

by each tubing 

diameter group and 

pressure group 

combination within 

each sub-basin 

category are 

reported: Well 

depth of each well 

selected to 

represent emissions 

in that tubing size 

and pressure 

combination.

public for purchase7. Information about 

well depth does not provide insight 

into the performance or the operational 

efficiency of onshore petroleum and 

natural gas production facilities that 

would likely cause substantial 

competitive harm if disclosed. 

Moreover, facilities report this 

information for one well used to 

represent the remaining wells in a 

group. This data element is not 

necessarily the same for other wells in 

the same tubing size and pressure group 

combination and therefore, does not 

reveal sufficient data to characterize 

the operations of a particular business 

or compromise any of its business 

advantages. Thus, the sensitivity of 

this data element is further 

diminished. Because this information is 

publically available, and also is 

reported as representative of wells in 

the same group, the EPA proposes that 

this data be not confidential and 

considered non-CBI.

17 98.236c5iF Well venting for 

liquids unloading, 

for Calculation 

Methodology 1, 

where the following 

by each tubing 

diameter group and 

pressure group 

combination within 

each sub-basin 

category are 

reported: Casing 

pressure of each 

well selected to 

represent emissions 

in that tubing size 

group and pressure 

group combination 

that does not have 

a plunger lift, 

pounds per square 

inch (psia).

The casing pressure refers to the 

pressure of the casing of a hydrocarbon 

well. Data on casing pressure is 

publicly available from State Oil and 

Gas Commission websites and through 

commercial databases available to the 

public for purchase7. Information about 

casing pressure does not provide 

insight into the performance or the 

operational efficiency for onshore 

petroleum and natural gas production 

facilities that would likely cause 

substantial competitive harm if 

disclosed. Moreover, facilities 

reportthis information for one well 

used to represent the remaining wells 

in a group. This data element is not 

necessarily the same for other wells in 

the same tubing size and pressure group 

combination and therefore does not 

reveal sufficient data to characterize 

the operations of a particular business 

or compromise its business advantage.

Thus, the sensitivity of this data 

element is further diminished. Because 

this information is publically 

available and also is reported as a 

representative number in a sub-basin, 
Page 33 of 76

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Citation Data Element Proposed Rationale

the EPA proposes that this data be not 

confidential and considered non-CBI.

18 98.236c5iG Well venting for 

liquids unloading, 

for Calculation 

Methodology 1, 

where the following 

by each tubing 

diameter group and 

pressure group 

combination within 

each sub-basin 

category are

reported: Tubing 

pressure of each 

well selected to 

represent emissions 

in a tubing size 

group and pressure 

group combination 

that has a plunger 

lift (psia).

Data on tubing pressure is publicly 

available from State Oil and Gas 

Commission websites and through 

commercial databases available to the 

public for purchase7. Information about 

tubing pressure does not provide 

insight into the performance or the 

operational efficiency for onshore 

petroleum and natural gas production 

facilities that would likely cause 

substantial competitive harm if 

disclosed. Moreover, facilities report

this information for one well used to 

represent the remaining wells in a 

group. This data element is not 

necessarily the same for other wells in 

the same tubing size and pressure group 

combination and therefore does not 

reveal sufficient data to characterize 

the operations of a particular business 

or compromise any of its business 

advantages. Thus, the sensitivity of 

this data element is further 

diminished. Because this information is 

publicly available, the EPA proposes 

that this data be not confidential and 

considered non-CBI.

19 98.236c5iiD Well venting for 

liquids unloading, 

for Calculation 

Methodologies 2 and 

3, where the 

following for each 

sub-basin category 

are reported: 

Average internal 

casing diameter, in 

inches, of each 

well, where 

applicable.

The well casing diameter is the 

diameter of the pipe inserted into a 

recently drilled section of a borehole 

during the well drilling process. Data 

on well casing diameter are publicly 

available from vendors of casing pipes. 

Information about well casing diameter 

does not provide insight into the 

performance or the operational 

efficiency of onshore petroleum and 

natural gas production facilities that 

would likely cause substantial 

competitive harm if disclosed. Because 

this information is publically 

available and also is reported as an 

average for each sub-basin category, 

the EPA proposes that this data be not 

confidential and considered non-CBI.

20 98.236c13iA Each centrifugal 

compressor with wet 

seals in 

operational mode, 

where the following 

Wet seals form the barrier that keeps 

gas from seeping through the gap 

between the compressor shaft and the 

compressor casing. Information about 

the number of wet seals connected to 
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Citation Data Element Proposed Rationale

for each degassing 

vent are reported: 

Number of wet seals 

connected to the 

degassing vent.

the degassing vent of a centrifugal 

compressor does not provide valuable 

insight into the performance or the 

operational efficiency of the reporting 

facility, but rather provides insight 

into the characteristics of a piece of 

equipment. Overall, the number of wet 

seals that are connected to a degassing 

vent is more a matter of operational 

convenience and does not reveal any 

process related information. The EPA 

proposes that this data element not be 

confidential and considered non-CBI.

21 98.236c16i Local distribution 

companies: Number 

of above grade T-D 

transfer stations 

in the facility.

The number of above grade transmissiondistribution (T-D) transfer stations is

the number of stations where gas is 

transferred from a transmission 

pipeline to a distribution pipeline in 

a natural gas distribution facility. A 

larger number of T-D transfer stations 

could suggest that a larger quantity of 

gas is transferred into the LDC 

distribution network, however, this is 

not a definite or direct correlation. 

The amount of gas transferred can vary 

drastically depending on the operations 

of a local distribution company (LDC). 

Therefore, information about the number 

of above grade T-D transfer stations 

does not provide direct insight into 

the performance or the operational 

efficiency for LDCs. Moreover, even if 

throughput data could be inferred from 

the number of T-D transfer stations, 

the throughput data is already publicly 

available by company and state through 

EIA11, therefore further diminishing its 

sensitivity. The EPA is proposing that 

this data be not confidential and 

considered non-CBI.

22 98.236c16iv Local distribution 

companies: Report 

total number of 

below grade T-D 

transfer stations 

in the facility.

The number of below grade transmissiondistribution (T-D) transfer stations is 

the number of stations located 

underground where gas is transferred 

from a transmission pipeline to a 

distribution pipeline in a natural gas 

distribution facility. A larger number 

of T-D transfer stations could suggest 

that a larger quantity of gas is 

transferred into the local distribution 

company (LDC) distribution network, 

 

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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Citation Data Element Proposed Rationale

however, this is not a definite or 

direct correlation. The amount of gas 

transferred can vary drastically 

depending on the operations of a LDC.

Therefore, information about the number 

of below grade T-D transfer stations 

does not provide direct insight into 

the performance or the operational 

efficiency for LDCs. Moreover, even if 

throughput data could be inferred from 

the number of T-D transfer stations, 

the throughput data is already publicly 

available by company and state through 

EIA12, therefore further diminishing its 

sensitivity. The EPA is proposing that 

this data be not confidential and 

considered non-CBI.

23 98.236c16v Local distribution 

companies: Report 

total number of 

above grade 

metering-regulating 

stations (which 

includes above 

grade T-D transfer 

stations) in the 

facility.

The number of above grade meteringregulating stations is the number of 

stations located above ground where gas 

is metered, pressure regulated, or 

both, in a natural gas distribution 

facility. . This count includes the 

number of above grade T-D transfer 

stations, where gas is transferred from 

a transmission pipeline to a 

distribution pipeline in a natural gas 

distribution facility. A larger number 

of metering-regulating stations could 

suggest that a larger quantity of gas 

is transferred into the LDC 

distribution network, however, this is 

not a definite or direct correlation. 

The amount of gas transferred can vary 

drastically depending on the operations 

of a local distribution company (LDC).

Therefore, information about the number 

of above grade metering-regulating 

stations does not provide direct 

insight into the performance or the 

operational efficiency for LDCs.

Moreover, even if throughput data could 

be inferred from the number of 

metering-regulating stations, the 

throughput data is already publicly 

available by company and state through 

EIA13, therefore further diminishing its 

sensitivity. The EPA is proposing that 

this data be not confidential and 

considered non-CBI.

 

12 http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1

13 http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Citation Data Element Proposed Rationale

24 98.236c16vi Local distribution 

companies: Report 

total number of 

below grade 

metering-regulating 

stations (which 

includes below 

grade T-D transfer 

stations) in the 

facility.

The number of below grade meteringregulating stations is the number of 

stations located below ground where gas 

is metered, pressure regulated, or 

both, in a natural gas distribution 

facility.. This count includes the 

number of below grade T-D transfer 

stations, where gas is transferred from 

a transmission pipeline to a 

distribution pipeline in a natural gas 

distribution facility. A larger number 

of metering-regulating stations could 

suggest that a larger quantity of gas 

is transferred into the LDC 

distribution network, however, this is 

not a definite or direct correlation. 

The amount of gas transferred can vary 

drastically depending on the operations 

of a local distribution company (LDC).

Therefore, information about the number 

of below grade metering-regulating 

stations does not provide direct 

insight into the performance or the 

operational efficiency for LDCs.

Moreover, even if throughput data could 

be inferred from the number of 

metering-regulating stations, the 

throughput data is already publicly 

available by company and state through 

EIA14, therefore further diminishing its 

sensitivity. The EPA is proposing that 

this data be not confidential and 

considered non-CBI.

25 98.236c17i Each EOR injection 

pump blowdown: Pump 

capacity (barrels 

per day).

Pump capacity, which will be reported 

by EOR operations in the onshore 

production segment only, can be 

estimated from the quantity of CO2

injected, because the pump capacity is 

proportional to the volume of CO2that 

the pump is pumping (i.e., the volume 

of CO2e reported). Therefore, if the 

volume of CO2that was pumped is known,

then the pump's capacity can be 

estimated to be between 150 to 200 

percent greater than the reported 

volume, to handle fluctuations in CO2

loads. The quantity of CO2injected can 

be determined from Underground 

Injection Control (UIC) permits, which 

are issued for each injection well by 

 

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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Citation Data Element Proposed Rationale

the EPA or by states that have primary 

enforcement authority for permitting 

injection wells. Information related to 

UIC permits is reported to the EPA or 

states at least annually and made 

available to the public either through 

state websites or upon request from the 

public. Finally, knowing the pump 

capacity does not result in any 

competitive disadvantage to the 

reporter, because the injection volume 

of the pump, which is related to 

throughput of the pump, is publicly 

available through the EPA’s UIC 

program. The EPA proposes that the 

subpart W pump capacity data element 

not be treated as confidential, because 

it can be estimate using publicly 

available data, to a level of accuracy 

that substantially diminishes the 

potential harm of releasing this data. 

Although a competitor can use this 

information to estimate injection or 

oil production volumes, such 

information is already publicly 

available. The EPA is proposing that 

this data be not confidential; and 

considered non-CBI.

26 98.236c19i Onshore petroleum 

and natural gas 

production and 

natural gas 

distribution 

combustion 

emissions: 

Cumulative number 

of external fuel 

combustion units 

with a rated heat 

capacity equal to 

or less than 5 

mmBtu/hr, by type 

of unit.

The number of external combustion 

units with heat input capacities equal 

to or less than 5mmBtu/hour reveals 

nothing about the productivity of a 

business’s operation (e.g., capacity

information). Information about the 

cumulative number of external fuel 

combustion units with specified heat 

capacities does not provide insight 

into the performance or the operational 

efficiency for a facility that would 

likely cause substantial competitive 

harm if disclosed. Furthermore, 

technical specifications and 

operational details, such as hours of 

operation, are not revealed through 

this data element and hence cannot be 

used to determine throughput from each 

compressor. Moreover, throughput data 

for each facility is publicly 

available7. Thus, this data element 

does not compromise confidential 

business information that will harm the 

business’ competitive advantage,

because the information that is 

revealed by this data element is 
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Citation Data Element Proposed Rationale

already publicly available. The EPA is 

proposing that this data be not 

confidential and considered non-CBI.

27 98.236c19ii Onshore petroleum 

and natural gas 

production and 

natural gas 

distribution 

combustion 

emissions: 

Cumulative number 

of external fuel 

combustion units 

with a rated heat 

capacity larger 

than 5 mmBtu/hr, by 

type of unit.

The number external combustion units

with heat input capacities greater than 

5mmBtu/hour reveals nothing about the 

productivity of a business’s operation

(e.g., capacity information). 

Information about the cumulative number 

of external fuel combustion units with 

specified heat capacities does not 

provide insight into the performance or 

the operational efficiency for a 

facility that would likely cause 

substantial competitive harm if 

disclosed. Furthermore, technical 

specifications and operational details, 

such as hours of operation, are not 

revealed through these data elements 

and hence cannot be used to determine 

throughput from each compressor. 

Moreover, throughput data for each 

facility is already publicly 

available7. Thus, this data element 

does not compromise confidential 

business information that will harm the

business’s competitive advantage,

because the information that is 

revealed by this data element is 

already publicly available. The EPA is 

proposing that this data be not 

confidential and considered non-CBI.

28 98.236c19v Onshore petroleum 

and natural gas

production and 

natural gas 

distribution 

combustion 

emissions: 

Cumulative number 

of internal fuel 

combustion units, 

not compressordrivers, with a 

rated heat capacity 

equal to or less 

than 1 mmBtu/hr or 

130 horse power, by 

type of unit.

The number of internal combustion units 

(other than compressor drivers) with a 

rated heat input capacity of 1 

mmBtu/hour or less (130 HP) reveals 

nothing about the productivity of a 

business’s operation (e.g., capacity

information). Information about the 

cumulative number of internal fuel 

combustion units with specified heat 

capacities does not provide insight 

into the performance or the operational 

efficiency for a facility that would 

likely cause substantial competitive 

harm if disclosed. Furthermore, 

technical specifications and 

operational details, such as hours of 

operation, are not revealed through 

this data element and hence cannot be 

used to determine throughput from each 

compressor. Moreover, throughput data 

for each facility is already available 
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Citation Data Element Proposed Rationale

in the public domain7. Thus, this data 

element does not compromise 

confidential business information that 

will harm the business’s competitive 

advantage, because the information that 

is revealed by this data element is 

already publicly available. The EPA is 

proposing that this data be not 

confidential and considered non-CBI.

The EPA is proposing to assign 38 subpart W data elements 

to the “Unit/process Operating Characteristics that Are Not 

Inputs to Emission Equations” data category, because they are 

characteristics of equipment, such as wells and plunger lifts, 

abatement devices, and other facility-specific characteristics 

that vary over time with changes in operations and processes 

(and are not inputs to emission equations). Some of these 

elements are part of extension requests for the use of BAMM and 

generally relate to the reasons for a request and expected dates 

of compliance with regular reporting requirements. The remaining 

data elements are part of the annual GHG report for 40 CFR part 

98, subpart W. All of the 38 data elements are listed below. Of 

the 38 data elements, elements 1 thru 37 are proposed as nonCBI, while data element 38 is proposed to be CBI, as explained 

in Table 4 of this preamble:

Table 4. Data Elements Proposed to be Assigned to the 

“Unit/Process Operating Characteristics That are Not Inputs to 

Emission Equations” Data Category.

Citation Data Element Proposed Rationale
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

1 98.236c4iiB All glycol 

dehydrator with 

throughput less 

than 0.4 MMscfd: 

Which vent gas 

controls are used.

A glycol dehydration unit is a process 

unit that separates liquids from a 

natural gas stream using diethylene 

glycol (DEG) or triethylene glycol 

(TEG). Information on the types of 

vent gas controls used for glycol 

dehydrators does not provide insight 

into the facility’s performance or 

operational efficiency that would 

likely result in substantial 

competitive harm if disclosed. 

Furthermore, information about the 

types of vent gas controls typically 

used at petroleum and natural gas 

facilities is publicly available 

through EPA’s Natural Gas Star Program 

technology fact sheets. The EPA is 

proposing that this data element is 

not confidential; and that it will be 

considered non-CBI. 

2 98.236c5iB Well venting for 

liquids unloading, 

for Calculation 

Methodology 1, 

where the 

following by each 

tubing diameter 

group and pressure 

group combination 

within each subbasin category are 

reported: Whether 

the selected well 

from the tubing 

diameter and 

pressure group 

combination had a 

plunger lift 

(yes/no).

A plunger lift system is an artificial 

liquid lift mechanism that includes a 

plunger (tubular steel structure with 

valves) that rests at the bottom of a 

wellbore on a spring loaded base. As 

gas is produced through the natural 

gas well, liquids accumulate on top of 

the plunger and gradually reduce the 

flow rate of natural gas. To expel the 

liquids from the well, the well is 

shut-in, at which point the casing 

pressure builds up and pushes the 

plunger to the surface preceded by the 

liquids in the well bore. Information 

on whether or not such artificial lift 

systems are being used for a given 

well would not provide insight into 

the performance or the operational 

efficiency of the facility because 

knowing those operational 

characteristics of a facility would 

not result in compromising a 

reporter’s competitive advantage. 

Furthermore, the production and 

throughput data are already publicly 

available.15 The EPA is proposing that 

this data element is not confidential; 

and that it will be considered nonCBI. 

3 98.236c5iB Well venting for 

liquids unloading, 

A plunger lift system is an artificial 

liquid lift mechanism that includes a 

 

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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

for Calculation 

Methodology 1, 

where the 

following by each 

tubing diameter 

group and pressure 

group combination 

within each subbasin category are 

reported: Count of 

plunger lifts.

plunger (tubular steel structure with 

valves) that rests at the bottom of a 

wellbore on a spring loaded base. As 

gas is produced through the natural 

gas well, liquids accumulate on top of 

the plunger and gradually reduce the 

flow rate of natural gas. To expel the 

liquids from the well, the well is 

shut-in, at which point the casing 

pressure builds up and pushes the 

plunger to the surface preceded by the 

liquids in the well bore. Information 

on the count of plunger lifts at a 

sub-basin level for a given facility 

does not reveal any sensitive 

information at a facility and would 

likely not cause competitive harm if 

disclosed. The EPA is proposing that 

this data element is not confidential; 

and that it will be considered nonCBI.

4 98.236c5iA Well venting for 

liquids unloading, 

for Calculation 

Methodology 1, 

report the 

following by each 

tubing diameter 

group and pressure 

group combination 

within each subbasin category are 

reported: Count of 

wells vented to 

the atmosphere for 

liquids unloading.

Liquid unloading is conducted in 

mature gas wells that have an 

accumulation of liquids that impedes 

the steady flow of natural gas. This 

is a common occurrence in reservoirs 

where the pressure is depleted and 

liquids enter the wellbore. 

Information on the number of wells 

vented to the atmosphere for the 

purposes of unloading liquids or the 

frequency of the unloadings does not 

provide insight into sensitive or 

proprietary information about a 

facility, but rather may give a sense 

of the relative vintage of the well 

and about production rates for a given 

well, which are already publicly 

available through state oil and gas 

commissions and commercial databases16. 

Hence, information on the count of 

wells vented to the atmosphere for 

liquids unloading does not reveal any 

sensitive information at a facility 

and would likely not cause competitive 

harm if disclosed. The EPA is 

proposing that this data element is 

not confidential; and that it will be 

considered non-CBI. 

5 98.236c5iC Well venting for 

liquids unloading, 

for Calculation 

Methodology 1, 

Liquid unloading is conducted in 

mature gas wells that have an 

accumulation of liquids that impedes 

the steady flow of natural gas. This 

 

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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

report the 

following by each 

tubing diameter 

group and pressure 

group combination 

within each subbasin category are 

reported: 

Cumulative number 

of unloadings 

vented to the 

atmosphere.

is a common occurrence in reservoirs 

where the pressure is depleted and 

liquids enter the wellbore. 

Information on the number of wells 

vented to the atmosphere for the 

purposes of unloading liquids or the 

frequency of the unloadings does not 

provide insight into sensitive or 

proprietary information about a 

facility, but rather may give a sense 

of the relative vintage of the well 

and about production rates for a given 

well, which are already publicly 

available through state oil and gas 

commissions and commercial databases16. 

Hence, information on the count of 

wells vented to the atmosphere for 

liquids unloading does not reveal any 

sensitive information at a facility 

and would likely not cause competitive 

harm if disclosed. The EPA is 

proposing that this data element is 

not confidential; and that it will be 

considered non-CBI.

6 98.236c5iiA Well venting for 

liquids unloading, 

for Calculation 

Methodologies 2 

and 3, report the 

following for each 

sub-basin category 

are reported: 

Count of wells 

vented to the 

atmosphere for 

liquids unloading.

Liquid unloading is conducted in 

mature gas wells that have an 

accumulation of liquids which impedes 

the steady flow of natural gas. This 

is a common occurrence in reservoirs 

where the pressure is depleted and 

liquids enter the wellbore. 

Information on the number of wells 

vented to the atmosphere for the

purposes of unloading liquids or the 

frequency of the unloadings does not 

provide insight into sensitive or 

proprietary information about a 

facility, but rather may give a sense 

of the relative vintage of the well 

and about production rates for a given 

well, which are already publicly 

available through state oil and gas 

commissions and commercial databases16. 

Hence, information on the count of 

wells vented to the atmosphere for 

liquids unloading does not reveal any 

sensitive information at a facility 

and would likely not cause competitive 

harm if disclosed. The EPA is 

proposing that this data element is 

not confidential; and that it will be 

considered non-CBI.

7 98.236c5iiB Well venting for 

liquids unloading, 

for Calculation 

A plunger lift systems is an 

artificial liquid lift mechanism that 

includes a plunger (tubular steel 
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Methodologies 2 

and 3, where the 

following by each 

tubing diameter 

group and pressure 

group combination 

within each subbasin category are 

reported: Count of 

plunger lifts.

structure with valves) that rests at 

the bottom of a wellbore on a spring 

loaded base. As gas is produced 

through the natural gas well, liquids 

accumulate on top of the plunger and 

gradually reduce the flow rate of 

natural gas. To expel the liquids from 

the well, the well is shut-in, at 

which point the casing pressure builds 

up and pushes the plunger to the 

surface preceded by the liquids in the 

well bore. Information on the count of 

plunger lifts at a sub-basin level for 

a given facility does not reveal any 

sensitive information at a facility 

and would likely not cause competitive 

harm if disclosed. The EPA is 

proposing that this data element is 

not confidential; and that it will be 

considered non-CBI. 

8 98.236c6iA Gas well 

completions with 

hydraulic 

fracturing, report 

the following for 

each sub-basin and 

well type 

(horizontal or 

vertical) 

combination: Total 

count of 

completions in 

calendar year.

The term “well completions” commonly 

refers to the process of cleaning the 

wellbore of drill cuttings, cutting 

fluids, and proppants (when a well is 

hydraulically fractured) after the 

well has been drilled. Information on 

the number of completions performed by 

an oil and gas operator in a given 

year is available publicly on state 

oil and gas commission websites, 

commercial oil and gas databases17, and 

also is available publicly through the 

EIA. Therefore, the EPA is proposing 

that this data element is not 

confidential; and that it will be 

considered non-CBI.

9 98.236c6iG Gas well 

completions with 

hydraulic 

fracturing, where 

the following for 

each sub-basin and 

well type 

(horizontal or 

vertical) 

combination are 

reported: Number 

of completions 

employing 

purposely designed 

equipment that 

separates natural 

gas from the 

The term “well completions” commonly 

refers to the process of cleaning the 

wellbore of drill cuttings, cutting 

fluids, and proppants (when a well is 

hydraulically fractured) after the 

well has been drilled. Hydraulically 

fractured wells result in 

significantly higher backflow gas in 

comparison to conventional wells 

without hydraulic fracturing. 

Completions on a subset of the 

hydraulically fractured wells may be 

performed using purposely designed 

equipment that separates natural gas 

from the backflow, generally referred 

to as reduced emission completions. 

Information on the number of 

 

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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

backflow. completions performed by an oil and 

gas operator in a given year is 

available publicly on state oil and 

gas commission websites, and also is 

available publicly through the EIA. 

The amount of estimated emissions 

resulting from well completions and 

workovers with hydraulic fracturing 

employing purposely designed equipment 

that separates natural gas from the 

backflow is publicly available in the 

National Inventory. The disclosure of 

the number of completions employing 

purposely designed equipment that 

separates natural gas from the 

backflow is not likely to cause 

substantial competitive harm because 

throughput data are already publicly 

available through the EIA.

18 

Therefore, the EPA is proposing that 

this data element is not confidential; 

and that it will be considered nonCBI. 

10 98.236c6iC Gas well workovers 

with hydraulic 

fracturing, report 

the following for 

each sub-basin and 

well type 

(horizontal or 

vertical) 

combination: Total 

count of workovers 

in calendar year 

that flare gas or 

vent gas to the 

atmosphere.

As natural gas wells mature, the 

production from the well decreases. 

Often such mature wells are 

hydraulically fractured to increase 

production and the wells are recompleted. Information on the number 

of workovers performed nationally in a 

given year is available through the 

U.S. National Inventory. Knowing that 

wells are being worked over can only 

give a sense of the relative vintage 

of the well and increase in production 

rates. However, the information on age 

and production throughput is available 

through oil and gas commissions and 

commercial databases as well as the 

EIA.

19 Hence, information on the count 

of wells that undergo workovers does 

not reveal any sensitive information

at a facility and would likely not 

cause competitive harm if disclosed. 

The EPA is proposing that this data 

element is not confidential; and that 

it will be considered non-CBI.

11 98.236c6iH Gas well workovers 

with hydraulic 

fracturing, where 

the following for 

each sub-basin and 

As natural gas wells mature, the 

production from the well decreases. 

Often such mature wells are 

hydraulically fractured to increase 

production and the wells are re-

 

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19 http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

well type 

(horizontal or 

vertical) 

combination are 

reported: Number 

of workovers 

employing 

purposely designed 

equipment that 

separates natural 

gas from the 

backflow.

completed. Information on the number 

of workovers performed by oil and gas 

operators in a given year is available 

publicly through the U.S. National 

Inventory. The amount of estimated 

emissions resulting from well 

completions and workovers with 

hydraulic fracturing employing 

purposely designed equipment that 

separates natural gas from the 

backflow is publicly available in the 

National Inventory. The amount of 

natural gas captured through reduced 

emission completions from well 

workovers gives a sense of the 

mitigation of GHGs and increase in 

throughput, i.e. gas production. 

However, throughput information is 

already available through oil and gas 

commission websites and commercial oil 

and gas databases as well as the EIA.

20 

Therefore, the disclosure of the 

information on the number of workovers 

employing purposely-designed equipment 

that separates natural gas from the 

backflow is not likely to cause 

substantial competitive harm. The EPA 

is proposing that this data element is 

not confidential; and that it will be 

considered non-CBI. 

12 98.236c6iiC Gas well 

completions and 

workovers without 

hydraulic 

fracturing: Total 

number of days of 

gas venting to the 

atmosphere during 

backflow for 

completion.

The term “well completions” commonly 

refers to the process of cleaning the 

wellbore of drill cuttings, cutting 

fluids, and proppants (when well is 

hydraulically fractured) after the 

well has been drilled. Information on 

the number of completions performed by 

an oil and gas operator in a given 

year is available publicly on state 

oil and gas commission websites, and 

through the EIA. Furthermore, the 

disclosure of information on the total 

number of days of gas venting to the 

atmosphere during backflow for 

completion is not likely to cause 

substantial competitive harm because 

it does not reveal sensitive or 

proprietary information about the 

facility. Therefore, the disclosure 

of the information on the number of 

days of backflow during completions is 

not likely to cause substantial 

competitive harm. The EPA is proposing 

 

20 http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

that this data element is not 

confidential; and that it will be 

considered non-CBI

13 98.236c7iA For blowdown vent 

stack emission 

source, for each 

unique physical 

volume that is 

blown down more 

than once during 

the calendar year: 

Total number of 

blowdowns for each 

unique physical 

volume in the 

calendar year 

(when using Eq. W14B).

When equipment is taken out of service 

either to be placed in standby or for 

maintenance purposes, the natural gas 

in the equipment is typically released 

to the atmosphere. Such a practice is 

called blowdown. Blowdowns in a 

facility, unless for planned 

maintenance, are usually un-planned 

events. The number of blowdowns does 

not provide any process specific 

information, such as how long the 

equipment has been operating or at 

what efficiency. Hence, the disclosure 

of the information on the number of 

blowdowns is not likely to cause 

substantial competitive harm. The EPA 

is proposing that this data element is 

not confidential; and that it will be 

considered non-CBI.

14 98.236c7iiA For blowdown vent 

stack emission 

source, for all 

unique volumes 

that are blown 

down once during 

the calendar year: 

Total number of 

blowdowns for all 

unique physical 

volumes in the 

calendar year.

When equipment is taken out of service 

either to be placed in standby or for 

maintenance purposes, the natural gas 

in the equipment is typically released 

to the atmosphere. Such a practice is 

called blowdown. Blowdowns in a 

facility, unless for planned 

maintenance, are usually un-planned 

events. The number of blowdowns does 

not provide any process specific 

information, such as how long the 

equipment has been operating or at 

what efficiency. Hence, the disclosure 

of the information on the number of 

blowdowns is not likely to cause 

substantial competitive harm. The EPA 

is proposing that this data element is 

not confidential; and that it will be 

considered non-CBI.

15 98.236c8iB Wellhead gasliquid separator 

with oil 

throughput greater 

than or equal to 

10 barrels per 

day, using 

Calculation 

Methodology 1 and 

2 of 40 CFR 

98.233(j), 

reported by subbasin category: 

Separators are used to separate 

hydrocarbons into liquid and gas 

phases. Separators are typically 

connected to atmospheric storage tanks 

(hydrocarbon tanks) where hydrocarbon 

liquids are stored. Characteristics of 

the separator, such as temperature and 

pressure, may vary widely and are 

dependant on the particular 

characteristics of the oil entering 

the separator. Information about the 

temperature of the separator does not 

provide insight into the performance 
Page 47 of 76

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Estimated average 

separator 

temperature 

(degrees 

Fahrenheit) (when 

using methodology 

1).

or the operational efficiency of the 

separator that would likely cause 

substantial competitive harm if 

disclosed, because general information 

about throughput, which may be 

inferred when combined with other 

information, about this equipment is 

already publicly available. 

Furthermore, this data element is 

reported as an average value from a 

sub-basin, and is not reported for 

each piece of equipment, further 

diminishing any sensitivity related to 

disclosure of this data element. The 

EPA is proposing that this data 

element is not confidential; and that 

it will be considered non-CBI. 

16 98.236c8iB Wellhead gasliquid separator 

with oil 

throughput greater 

than or equal to 

10 barrels per 

day, using 

Calculation 

Methodology 1 and 

2 of 40 CFR 

98.233(j), 

reported by subbasin category: 

Estimated average 

separator 

temperature 

(degrees

Fahrenheit) (when 

using methodology 

2).

Separators are used to separate 

hydrocarbons into liquid and gas 

phases. Separators are typically 

connected to atmospheric storage tanks 

(hydrocarbon tanks) where hydrocarbon 

liquids are stored. Characteristics of 

the separator, such as temperature and 

pressure, may vary widely and are

dependent on the particular 

characteristics of the oil entering 

the separator. Information about the 

temperature of the separator does not 

provide insight into the performance 

or the operational efficiency of the 

separator that would likely cause 

substantial competitive harm if 

disclosed, because general information 

about throughput, which may be 

inferred when combined with other 

information about this equipment that 

is already publicly available. 

Furthermore, this data element is 

reported as an average value from a 

sub-basin, and is not reported for 

each piece of equipment, therefore, 

further diminishing any sensitivity 

related to disclosure of this data

element. The EPA is proposing that 

this data element is not confidential; 

and that it will be considered nonCBI.

17 98.236c8iB Wellhead gasliquid separator 

with oil 

throughput greater 

than or equal to 

Separators are used to separate 

hydrocarbons into liquid and gas 

phases. Separators are typically 

connected to atmospheric storage tanks 

(hydrocarbon tanks) where hydrocarbon 
Page 48 of 76

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

10 barrels per 

day, using 

Calculation 

Methodology 1 and 

2 of 40 CFR 

98.233(j), 

reported by subbasin category: 

Estimated average 

pressure (psig) 

(when using 

methodology 1).

liquids are stored. Characteristics of 

the separator, such as temperature and 

pressure, may vary widely and are 

dependent on the particular 

characteristics of the oil entering 

the separator. Information about the 

pressure of the separator does not 

provide insight into the performance 

or the operational efficiency of the 

separator that would likely cause 

substantial competitive harm if 

disclosed, because general information 

about throughput, which may be 

inferred when combined with other 

information about this equipment that 

is already publicly available. 

Furthermore, this data element is 

reported as an average value from a 

sub-basin, and is not reported for 

each piece of equipment, further 

diminishing any sensitivity related to 

disclosure of this data element. The 

EPA is proposing that this data 

element is not confidential; and that 

it will be considered non-CBI. 

18 98.236c8iB Wellhead gasliquid separator 

with oil 

throughput greater 

than or equal to 

10 barrels per 

day, using 

Calculation 

Methodology 1 and 

2 of 40 CFR 

98.233(j), 

reported by subbasin category: 

Estimated average 

pressure (psig) 

(when using 

methodology 2).

Separators are used to separate 

hydrocarbons into liquid and gas 

phases. Separators are typically 

connected to atmospheric storage tanks 

(hydrocarbon tanks) where hydrocarbon 

liquids are stored. Characteristics of 

the separator, such as temperature and 

pressure, may vary widely and are 

dependent on the particular 

characteristics of the oil entering 

the separator. Information about the 

pressure of the separator does not 

provide insight into the performance 

or the operational efficiency of the 

separator that would likely cause 

substantial competitive harm if 

disclosed, because general information 

about throughput, which may be 

inferred when combined with other 

information about this equipment that 

is already publicly available. 

Furthermore, this data element is 

reported as an average value from a 

sub-basin, and is not reported for 

each piece of equipment, further 

diminishing any sensitivity related to 

disclosure of this data element. The 

EPA is proposing that this data 

element is not confidential; and that 

it will be considered non-CBI. 
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

19 98.236c8ivA If wellhead 

separator dump 

valve is 

functioning 

improperly during 

the calendar year: 

Count of wellhead 

separators that 

dump valve factor 

is applied.

Separators are used to separate 

hydrocarbons into liquid and gas 

phases. Separators are typically 

connected to atmospheric storage tanks 

(hydrocarbon tanks) where hydrocarbon 

liquids are stored. Dump valves on 

separators are used to periodically 

dump liquids in the separator into a 

liquids pipeline. Malfunctioning dump 

valves are a function of the 

maintenance of the separator. 

Information on dump valves, such as 

the count of separators for which the 

dump valves were improperly 

functioning during the calendar year, 

would not provide meaningful insight 

into proprietary or sensitive 

information at a facility and would 

likely not cause competitive harm if 

disclosed. The EPA is proposing that 

this data element is not confidential; 

and that it will be considered nonCBI.

20 98.236c10i Well testing 

venting and 

flaring: Number of 

wells tested per 

basin in calendar 

year.

Well testing venting and flaring 

refers to the process by which an 

owner or operator vents or flares 

natural gas at the time the production 

rate of a well is determined for 

regulatory, commercial, or technical 

purposes. Venting and flaring done 

immediately after a well completion is 

included in the well completion 

emissions and not under the well 

testing venting and flaring emissions 

source. The EPA is proposing that the 

disclosure of this data be nonconfidential, because the disclosure 

of this data likely would not cause 

substantial competitive harm. The data 

is reported at a basin level as 

opposed to a field or sub-basin level,

which is at a much greater level of 

granularity.. Furthermore, reporting 

the number of wells tested in a basin 

for a given year does not provide any 

insight on exactly which wells within 

that basin were tested, thereby 

diminishing the sensitivity associated 

with disclosure of this data. Lastly, 

the data reported does not include the 

production rate of the tested well, 

thereby further diminishing the 

sensitivity with disclosure of this 

data. The EPA is proposing that this 

data element is not confidential; and 
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on February 16, 

2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

that it will be considered non-CBI.

21 98.236c10ii Well testing 

venting and 

flaring: Average 

gas to oil ratio 

for each basin.

Well testing venting and flaring 

refers to the process by which an 

owner or operator vents or flares 

natural gas at the time the production 

rate of a well is determined for 

regulatory, commercial, or technical 

purposes. Venting and flaring done 

immediately after a well completion is 

included in the well completion 

emissions and not under the well 

testing venting and flaring emissions 

source. Disclosure of the average gas 

to oil ratio of wells tested within a 

basin is not likely to cause 

substantial competitive harm because 

information on the gas to oil ratio 

for wells can be determined through 

publicly available information through 

many state agencies (e.g., the 

Railroad Commission of Texas lists the 

gas to oil ratio in their “Gas Master” 

and “Oil Master” publications). 

Furthermore, this data element is 

reported as an average ratio at a 

basin level and is not reported on a 

per well basis, further diminishing 

sensitivity associated with disclosure

of this data. The EPA is proposing 

that this data element is not 

confidential; and that it will be 

considered non-CBI. 

22 98.236c10ii

i 

Well testing 

venting and 

flaring: Average 

number of days the 

well is tested in 

a basin.

Well testing venting and flaring 

refers to the process by which an 

owner or operator vents or flares 

natural gas at the time the production 

rate of a well is determined for 

regulatory, commercial, or technical 

purposes. Venting and flaring done 

immediately after a well completion is 

included in the well completion 

emissions and not under the well 

testing venting and flaring emissions 

source. Disclosure of the average 

number of days the well is tested in a 

basin is not likely to cause 

substantial harm, because reporters 

are reporting an average for all of 

the wells tested within a basin rather 

than reporting for the number of data 

days of well testing for individual 

wells. Furthermore, the number of days 

a well is tested in a basin is not 

likely to provide any insight into 

proprietary or sensitive information 
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

at a facility and would likely not 

cause competitive harm if disclosed. 

The EPA is proposing that this data 

element is not confidential; and that 

it will be considered non-CBI. 

23 98.236c11ii Associated natural 

gas venting and 

flaring for each 

basin: Average gas 

to oil ratio for 

each basin.

Disclosure of the average gas to oil 

ratio of wells tested within a basin 

is not likely to cause substantial 

competitive harm, because information 

on the gas to oil ratio for wells can 

be determined through publicly 

available information through many 

state agencies (e.g., the Railroad 

Commission of Texas lists the gas to 

oil ration in their “Gas Master” and 

“Oil Master” publications). Gas to oil 

ratios can generally be determined 

from the ratio of the volume of gas 

that comes out of solution to the 

volume of oil produced at specified 

conditions. Furthermore, this data 

element is reported as an average 

ratio at a basin level and is not 

reported on a per well basis, thus 

further diminishing sensitivity 

associated with disclosure. The EPA is 

proposing that this data element is 

not confidential; and that it will be 

considered non-CBI. 

24 98.236c11i For associated 

natural gas 

venting and 

flaring for each 

basin: Number of 

wells venting or 

flaring associated 

natural gas in a 

calendar year.

Associated natural gas is vented or 

flared when it is not being captured 

for sales. This information can be 

used to determine the crude oil 

production from the facility. However, 

because production information is 

already available through state oil 

and gas commissions and commercial oil 

and gas databases, including the EIA21, 

the EPA is proposing that this data 

element is not confidential; and that 

it will be considered non-CBI.

25 98.236c12ii

i

Flare stacks: 

Percent of gas 

sent to un-lit 

flare determined 

by engineering 

estimate and 

process knowledge 

based on best 

available data and 

The EIA published emissions 

information on vents and flares in an 

Emissions Study which is available to 

the public.22 In addition, the Bureau 

of Energy Management and Regulatory 

Enforcement (BOEMRE) collects 

information on flare and vent stack 

emissions through 30 CFR 250.1163(a)23, 

for which information is made publicly 

 

21 http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1

22 http://www.epa.gov/gasstar/documents/emissions_report/6_vented.pdf

23 http://www.boemre.gov/ntls/PDFs/2011-N04FlareMeterSigned05-16-2011.pdf
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

operating records. available through the offshore 

platform studies. Hence, the EPA is 

proposing that this data element is 

not confidential; and that it will be 

considered non-CBI.

26 98.236c15iB For each component 

type (major 

equipment type for 

onshore 

production) that 

uses emission 

factors for 

estimating 

emissions (refer 

to 40 CFR 

98.233(q) and 

(r)): Equipment 

leaks found in 

each leak survey: 

For Onshore 

natural gas 

processing; range 

of concentrations 

of CO2(refer to 

Equation W-30 of 

40 CFR 98.233).

The typical composition of natural gas 

in processing plants upstream of the 

dew point control is similar to that 

of production quality gas. Production 

quality gas information is available 

through databases from Gas Technology 

Institute24 and Department of Energy 

Gas Information System (GASIS) 

Database25 both of which are publicly 

available. Furthermore, the 

composition of natural gas downstream 

of the dew point control is typically 

similar to transmission quality gas. 

Transmission pipeline companies 

continuously monitor their gas 

composition and publish gas 

composition data on their websites. 

Also, the composition of gas varies 

throughout the year. Hence, the 

disclosure of the range of 

concentrations of individual 

components is not likely to cause 

substantial competitive harm. 

Therefore, the EPA is proposing that 

this data element is not confidential; 

and that it will be considered nonCBI. 

27 98.236c15iB For each component 

type (major 

equipment type for 

onshore 

production) that 

uses emission 

factors for 

estimating 

emissions (refer 

to 40 CFR 

98.233(q) and 

(r)): Equipment 

leaks found in 

each leak survey: 

The typical composition of natural gas 

in processing plants upstream of the 

dew point control is similar to that 

of production quality gas. Production 

quality gas information is available 

through databases from Gas Technology 

Institute26 and Department of Energy 

GASIS Database27 both of which are 

publicly available. Furthermore, the 

composition of natural gas downstream 

of the dew point control is typically 

similar to transmission quality gas. 

Transmission pipeline companies 

continuously monitor their gas 

 

24 August 2011, GTI’s Gas Resource Database – Unconventional Natural Gas and 

Gas Composition Databases, GRI – 01/0136

25 http://www.netl.doe.gov/technologies/oilgas/publications/EPreports/ResourceAssess/Final_28139.pdf

26 August 2011, GTI’s Gas Resource Database – Unconventional Natural Gas and 

Gas Composition Databases, GRI – 01/0136

27 http://www.netl.doe.gov/technologies/oilgas/publications/EPreports/ResourceAssess/Final_28139.pdf
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

For Onshore 

natural gas 

processing; range 

of concentrations 

of CH4 (refer to 

Equation W-30 of 

40 CFR 98.233).

composition and publish gas 

composition data on their websites. 

Also, the composition of gas varies 

throughout the year. Hence, the 

disclosure of the range of 

concentrations of individual 

components is not likely to cause 

substantial competitive harm. 

Therefore, the EPA is proposing that 

this data element is not confidential; 

and that it will be considered nonCBI. 

28 98.236c15iA For each component 

type (major 

equipment type for 

onshore 

production) that 

uses emission 

factors for 

estimating 

emissions (refer 

to 40 CFR 

98.233(q) and 

(r)): 

Total count of 

leaks found in 

each complete 

survey listed by 

date of survey and 

each type of leak 

source for which 

there is a leaker 

emission factor in 

Tables W-2, W-3, 

W-4, W-5, W-6, and 

W-7 of this 

subpart.

The term “equipment leaks” refers to 

those emissions which could not 

reasonably pass through a stack, 

chimney, vent, or other functionallyequivalent opening. Leaking components 

at a facility may have a correlation 

to the level of maintenance at a 

facility. However, there is no direct 

correlation between the level of 

maintenance and process efficiency, 

i.e. a higher number of leaks in one 

facility do not indicate that the 

processes have been running longer or 

more frequently than those processes 

at another facility that has a lower 

number of leaks. Furthermore, 

Department of Transportation and 

Federal Energy Regulatory Commission 

(FERC) regulations require natural gas 

distribution companies and 

transmission pipeline companies, 

respectively, to conduct periodic leak 

detection and fix any leaking

equipment. The number of leaks 

detected and fixed are classified and 

reported to the DOT and is publicly 

available. Finally, 40 CFR part 60, 

subpart KKK requires facilities to 

monitor for VOC leaks and report them 

to the EPA. The EPA is proposing that 

this data element is not confidential; 

and that it will be considered nonCBI.

29 98.236e For onshore 

petroleum and 

natural gas 

production report 

the following:

Best available 

estimate of the 

API gravity for 

each oil sub-basin 

The API gravity is a measurement of 

density of crude oil or petroleum 

product. Information about the API 

gravity for specific operators in a 

basin is publicly available through 

many state agencies (e.g., the 

Railroad Commission of Texas). 

Therefore, the disclosure of the API 

gravity is not likely to cause 

substantial competitive harm. 
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

category. Furthermore, this data element is 

reported as an average for the subbasin rather than for individual 

wells, which further diminishes any 

sensitivity associated with disclosure 

of this data element. The EPA is 

proposing that this data element is 

not confidential; and that it will be 

considered non-CBI. 

30 98.236e For onshore 

petroleum and 

natural gas 

production report 

the following:

Best available 

estimate of the 

gas to oil ratio 

for each oil subbasin category.

Gas to oil ratios can generally be 

determined by taking the ratio of the 

volume of gas that comes out of 

solution, to the volume of oil 

produced at specified conditions. 

Disclosure of the average gas to oil 

ratio of wells tested within a basin 

is not likely to cause substantial 

competitive harm because the gas to 

oil ratio for wells can be determined 

from information made public by many 

state agencies (e.g., the Railroad 

Commission of Texas). Also, this data 

element is reported as an average 

ratio for the sub-basin and is not 

reported on a per well basis, further 

diminishing sensitivity associated 

with disclosure. The EPA is proposing 

that this data element is not 

confidential; and that it will be 

considered non-CBI. 

31 98.236e For onshore 

petroleum and 

natural gas 

production report 

the following:

Best available 

estimate of the 

average low 

pressure separator 

pressure for each 

oil sub-basin 

category.

The low pressure separator refers to 

the last separator in a series of 

separators that are used for gravity 

separation of hydrocarbons into liquid 

and gas phases. Separator pressure, 

along with the gas-to-oil ratio and 

temperature of the separator, can be 

used to estimate throughput of natural 

gas and oil (or condensate) from the 

facility. However, throughput 

information is already available 

through state oil and gas commissions 

and commercial oil and gas databases

as well as the EIA.

28 Hence, the EPA 

is proposing that this data element is 

not confidential; and that it will be 

considered non-CBI.

32 98.236c13iB For compressors 

with wet seals in 

operational mode: 

Fraction of vent 

gas recovered for 

Compressors are sometimes equipped 

with wet seals. Wet seals form the 

barrier that keeps gas from seeping 

through the gap between the compressor 

shaft and the compressor casing. 

 

28 http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

fuel or sales or 

flared.

Knowing the fraction of vent gas 

recovered for fuel, sales, or flare 

can give an indication of the 

efficiency of the capture device. 

However, such efficiencies are common 

knowledge available from equipment 

vendors. In addition, knowing the 

fraction of gas captured can give an 

indication of the volume of gas 

captured. The volume of gas captured 

for sending to a flare or fuel system 

are a portion of the total flare 

emissions and total fuel consumed at a 

facility. Information on flare 

emissions from processing plants is 

publicly available through EIA. 

Because this type of information is 

available upstream, the EPA is 

proposing that the same type of 

information being reported by other 

facilities downstream of the 

processing plant will also not cause 

substantial competitive harm if 

disclosed and would not result in any 

competitive disadvantage to the 

reporters. Finally, the sales volume 

of gas, essentially the facility 

throughput, is public information 

available through state oil and gas 

commission websites and commercial oil 

and gas databases as well as the EIA.

29 

Hence, the EPA is proposing that this 

data element is not confidential; and 

that it will be considered non-CBI. 

33 98.236c8iii

D

Wellhead gasliquid separators 

and wells with 

throughput less 

than 10 barrels 

per day, using 

Calculation 

Methodology 5 of 

40 CFR 98.233(j) 

Equation W-15 of 

40 CFR 98.233: 

Best estimate of 

fraction of 

production sent to 

tanks with assumed 

control measures: 

either vapor 

recovery system or 

flaring of tank 

The fraction of production sent to 

tanks with assumed control measures, 

either with vapor recovery systems or 

flares, refers to the amount of 

hydrocarbon liquids produced from 

wells that is sent to tanks with 

specified control measures. 

Information about the fraction of 

production sent to tanks with control 

measures would likely not cause 

substantial competitive harm because 

the estimated amount of methane and 

carbon dioxide emissions for tanks and 

separators are publicly available 

through EPA’s National Inventory, thus 

diminishing the sensitivity of 

disclosing this data. Furthermore, the 

amount of gas captured, can indicate 

the increase in production throughput 

 

29 http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

vapors. of the facility. However, this is 

already publicly available through 

many state oil and gas commissions, 

and is also available through 

commercial oil and gas databases as 

well as the EIA.

30 The EPA is 

proposing that this data element is 

not confidential; and that it will be 

considered non-CBI. 

34 98.234f8i Extension requests 

which request Best 

Available 

Monitoring Method 

(BAMM) beyond 2011 

for sources listed 

in 40 CFR 

98.234(f)(2), (3), 

(4), and (5)(iv): 

Initial electronic 

notice of intent 

to submit an 

extension request 

for the use of 

BAMM beyond 

December 31, 2011.

An initial notice of intent to extend 

the period during which BAMM is used 

does not contain detailed information, 

such as process diagrams and 

operational information, which could 

provide insight into facility-specific 

operating conditions or process 

design, or any other proprietary or 

sensitive information at a facility, 

and would likely not cause competitive 

harm if disclosed.. The EPA is 

proposing that this data element is 

not confidential; and that it will be 

considered non-CBI. 

35 98.234f8iiB Extension requests 

which request BAMM 

beyond 2011 for 

sources listed in 

40 CFR 

98.234(f)(2), (3), 

(4), and (5)(iv): 

Description of the 

unique or unusual 

circumstances, 

such as data 

collection 

methodologies that 

do not meet safety 

regulations or 

specific laws or 

regulations that 

conflict for each 

source for which 

an owner or 

operator is 

requesting use of 

BAMM.

The description of the unique or 

unusual circumstances, including data 

collection methodologies that the 

reporting facility cannot follow or of 

the monitoring instruments that cannot 

be installed does not reveal detailed 

information, such as process diagrams 

and operational information, which 

could provide insight into facilityspecific operating conditions or 

process design, or any other 

proprietary or sensitive information 

at a facility, and would likely not 

cause competitive harm if disclosed. 

The EPA is proposing that this data 

element is not confidential; and that 

it will be considered non-CBI. 

36 98.234f8iiB Extension requests 

which request BAMM 

beyond 2011 for 

The description of the unique or 

unusual circumstances, including data 

collection methodologies that the 

 

30 http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1
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2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.

sources listed in 

40 CFR 98.234(f) 

(2), (3), (4), and 

(5) (iv): 

Description of the 

unique or unusual 

circumstances, 

such as data 

collection 

methodologies that 

are technically 

infeasible for 

which an owner or 

operator is 

requesting use of 

BAMM.

reporting facility cannot follow or of 

the monitoring instruments that cannot 

be installed does not reveal detailed 

information, such as process diagrams 

and operational information, which 

could provide insight into facilityspecific operating conditions or 

process design, or any other 

proprietary or sensitive information 

at a facility, and would likely not 

cause competitive harm if disclosed. 

The EPA is proposing that this data 

element is not confidential; and that 

it will be considered non-CBI.

37 98.234f8iiC Extension requests 

which request BAMM 

beyond 2011 for 

sources listed in 

40 CFR 

98.234(f)(2), (3), 

(4), and (5)(iv): 

Detailed 

explanation and 

supporting 

documentation of 

how the owner or 

operator will 

receive the 

services or 

equipment to 

comply with all of 

these subpart W 

reporting 

requirements.

A description of the methods by which 

the necessary equipment and services 

will be secured does not reveal 

detailed information, such as process 

diagrams and operational information, 

which could provide insight into 

facility-specific operating conditions 

or process design, or any other 

proprietary or sensitive information 

at a facility, and would likely not 

cause competitive harm if disclosed. 

The EPA is proposing that this data 

element is not confidential; and that 

it will be considered non-CBI.

38 98.234f8iiC Extension requests 

which request BAMM 

beyond 2011 for 

sources listed in 

40 CFR 

98.234(f)(2), (3), 

(4), and (5)(iv): 

Detailed 

explanation and 

supporting 

documentation of 

when the owner or 

operator will 

receive the 

services or 

equipment to 

comply with all of 

these subpart W 

reporting 

This data element includes the dates 

by which the owner or operator will 

receive the services or equipment 

necessary to comply with all of the 

subpart W reporting requirements. The 

EPA is proposing that this data 

element be confidential because it 

would reveal information to a 

competitor about when a facility would 

be installing equipment or when the 

facility would plan to perform the 

necessary modifications to their 

processes in order to comply with the 

rule. The disclosure of this type of 

sensitive information about a 

facility’s internal processes may give 

a competitor an unfair advantage. See 

40 CFR 98.234(f) (8)(ii)(C). The EPA 

is proposing that this data element be 
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requirements. 

Proposed as CBI.

confidential; and that it will be 

considered CBI. (Proposed as CBI).

D. Commenting on the Proposed Confidentiality Determinations 

We seek comment on the proposed confidentiality status of 

data elements in two direct emitter data categories: 

“Unit/Process ‘Static’ Characteristics that Are Not Inputs to 

Emission Equations” and “Unit/Process Operating Characteristics 

that Are Not Inputs to Emission Equations”. By the EPA’s 

proposing confidentiality determinations prior to data reporting 

through this proposal and rulemaking process, we provide 

potential reporters an opportunity to submit comments 

identifying data they consider sensitive and the rationales and 

supporting documentation, the same as those they would otherwise 

submit for case-by-case confidentiality determinations. We will 

evaluate claims of confidentiality before finalizing the 

confidentiality determinations. Please note that this will be 

reporters’ only opportunity to substantiate your confidentiality 

claim. Once finalized, the EPA will release or withhold subpart 

W data in accordance with 40 CFR 2.301, which contains special 

provisions governing the treatment of Part 98 data for which 

confidentiality determinations have been made through 

rulemaking. Please consider the following instructions in 

submitting comments on the data elements in subpart W.
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Please identify each individual data element you do or do 

not consider to be CBI or emission data in your comments. Please 

explain specifically how the public release of that particular 

data element would or would not cause a competitive disadvantage 

to a facility. Discuss how this data element may be different 

from or similar to data that are already publicly available.

Please submit information identifying any publicly available 

sources of information containing the specific data elements in 

question, since data that are already available through other 

sources would not be proposed as CBI. In your comments, please 

identify the manner and location in which each specific data 

element you identify is available, including a citation. If the 

data are physically published, such as in a book, industry trade 

publication, or federal agency publication, provide the title, 

volume number (if applicable), author(s), publisher, publication 

date, and ISBN or other identifier. For data published on a 

website, provide the address of the website and the date you 

last visited the website and identify the website publisher and 

content author.

If your concern is that competitors could use a particular 

input to discern sensitive information, specifically describe 

the pathway by which this could occur and explain how the 

discerned information would negatively affect your competitive 

position. Describe any unique process or aspect of your facility 
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that would be revealed if the particular data element(s) you 

consider sensitive were made publicly available. If the data 

element you identify would cause harm only when used in 

combination with other publicly available data, then describe 

the other data, identify the public source(s) of these data, and 

explain how the combination of data could be used to cause 

competitive harm. Describe the measures currently taken to keep 

the data confidential. Avoid conclusory and unsubstantiated 

statements, or general assertions regarding potential harm.

Please be as specific as possible in your comments and include 

all information necessary for the EPA to evaluate your comments.

IV. Proposed Deferral of Inputs to Emission Equations for 

Subpart W and Amendments to Table A-7

Of the 154 subpart W data elements that were revised in the 

Subpart W Technical Revisions Rule, 30 are “Inputs to Emission 

Equations”. All 30 are revisions to existing “Inputs to Emission 

Equations” that were addressed in the Final Deferral and 

included in Table A-7 to subpart A of Part 98. For the 30 

revised inputs, the revisions did not change the type of 

information to be reported to the EPA under these requirements.

For 19 of the 30 inputs, the changes included minor wording 

changes such as requiring certain data elements be reported by 

“sub-basin” instead of “field” or small clarifications that did 

not change the general meaning of the data elements. For 11 of 
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the 30 inputs, the Technical Revisions Rule re-numerated the 

section references. We are therefore proposing in this action to 

amend Table A-7 of Part 98 by re-numerating these 11 subpart W 

“Inputs to Emission Equations” as finalized in the Subpart W 

Technical Revisions Rule.

The Subpart W Technical Revisions Rule also added the 

following 10 new data elements, which we are proposing to assign

to the “Inputs to Emission Equations” data category and to defer 

their reporting until March 31, 2015. The proposed inputs 

include the following 10 data elements:

 Annual quantity of CO2, that was recovered from each acid 

gas removal unit and transferred outside the facility 

(metric tons CO2e), under subpart PP of this part. (40 CFR 

98.236(c)(3)(iv))

 Blowdown vent stack emission source, for each unique 

physical volume that is blown down more than once during 

the calendar year: Report total number of blowdowns for 

each unique physical volume in the calendar year (when 

using Eq. W-14A). (40 CFR 98.236(c)(7)(i)(A)) 

 Wellhead gas-liquid separator with oil throughput greater 

than or equal to 10 barrels per day, using Calculation 

Methodology 1 of 40 CFR 98.233(j), report by sub-basin 

category: Annual CO2 gas quantities that were recovered 

(metric tons CO2e), for all wellhead gas-liquid separators 

or storage tanks using Calculation Methodology 1 of 40 CFR 

98.233(j). (40 CFR 98.236(c)(8)(i)(K))

 Wellhead gas-liquid separator with oil throughput greater 

than or equal to 10 barrels per day, using Calculation 

Methodology 1 of 40 CFR 98.233(j), report by sub-basin 

category: Report annual CH4 gas quantities that were 

recovered (metric tons CO2e), for all wellhead gas-liquid 

separators or storage tanks using Calculation Methodology 1 

of 40 CFR 98.233(j). (40 CFR 98.236(c)(8)(i)(K))
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 Wellhead gas-liquid separator with oil throughput greater 

than or equal to 10 barrels per day, using Calculation 

Methodology 2 of 40 CFR 98.233(j), report by sub-basin 

category: Report annual CO2 gas quantities that were 

recovered (metric tons CO2e), for all wellhead gas-liquid 

separators or storage tanks using Calculation Methodology 2 

of 40 CFR 98.233(j). (40 CFR 98.236(c)(8)(i)(K))

 Wellhead gas-liquid separator with oil throughput greater 

than or equal to 10 barrels per day, using Calculation 

Methodology 2 of 40 CFR 98.233(j), report by sub-basin 

category: Report annual CH4 gas quantities that were 

recovered (metric tons CO2e), for all wellhead gas-liquid 

separators or storage tanks using Calculation Methodology 2 

of 40 CFR 98.233(j). (40 CFR 98.236(c)(8)(i)(K))

 Wells with oil production greater than or equal to 10 

barrels per day, using Calculation Methodology 3 and 4 of 

40 CFR 98.233(j), report the following by sub-basin 

category: Report annual CO2 gas quantities that were 

recovered (metric tons CO2e), for Calculation Methodology 3 

or 4 of 40 CFR 98.233(j). (40 CFR 98.236(c)(8)(ii)(H))

 Wells with oil production greater than or equal to 10 

barrels per day, using Calculation Methodology 3 and 4 of 

40 CFR 98.233(j), report the following by sub-basin 

category: Report annual CH4 gas quantities that were 

recovered (metric tons CO2e), for Calculation Methodology 3 

or 4 of 40 CFR 98.233(j). (40 CFR 98.236(c)(8)(ii)(H))

 Wellhead gas-liquid separators and wells with throughput 

less than 10 barrels per day, using Calculation Methodology 

5 of 40 CFR 98.233(j), Equation W-15 of 40 CFR 98.233: 

Annual CO2 gas quantities that were recovered (metric tons 

CO2e), at the sub-basin level for Calculation Methodology 5 

of 40 CFR 98.233(j). (40 CFR 98.236(c)(8)(iii)(G))

 Wellhead gas-liquid separators and wells with throughput 

less than 10 barrels per day, using Calculation Methodology 

5 of 40 CFR 98.233(j), Equation W-15 of 40 CFR 98.233: 

Report annual CH4 gas quantities that were recovered 

(metric tons CO2e), at the sub-basin level for Calculation 

Methodology 5 of 40 CFR 98.233(j). (40 CFR 

98.236(c)(8)(iii)(G))

As explained in Section II.A of the Final Deferral, these 

10 data elements are related to and therefore are being 
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evaluated together along with the other subpart W data elements 

assigned to this category. As with the other equation inputs, we 

believe that to complete our evaluation we will need until March 

31, 2015, the current reporting deadline for subpart W equation 

inputs. The EPA is therefore proposing to add these 10 inputs to 

Table A-7 of Part 98 to require their reporting by March 31, 

2015. For more information, please refer to Section II.B. of 

this preamble.

We are also proposing to move 21 data elements that were 

categorized as “Inputs to Emission Equations” in the Final 

Deferral Rule to other categories. These data elements require 

aggregated data to be reported and not the specific values used 

in the equations. Therefore, the EPA is proposing to recategorize these data elements as either “Unit/Process 'Static' 

Characteristics that Are Not Inputs to Emission Equations” or 

“Unit/Process Operating Characteristics that Are Not Inputs to 

Emission Equations”. Please see the memorandum entitled 

“Proposed Changes to Subpart W Inputs” in Docket ID No. EPA-HQOAR-2011-0028 for a comparison of the changes to Table A-7 of 

subpart A for subpart W data reporting elements. 

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and 

Executive Order 13563: Improving Regulation and Regulatory 

Review
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In this action, we are proposing to (1) Make 

confidentiality determinations for subpart W data elements 

(except for inputs to equations); and (2) make the changes 

described in this notice regarding subpart W data elements in

Table A-7 of Part 98, which specifies the data elements to be 

reported by March 31, 2015.

Under Executive Order 12866 (58 FR 51735, October 4, 1993), 

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

As previously mentioned, this action proposes

confidentiality determinations for subpart W data elements 

(except for inputs to equations) and amendments to Table A-7 of 

Part 98. This action does not impose any new information 

collection burden. This action does not increase the reporting 

burden. The Office of Management and Budget (OMB) has previously 

approved the information collection requirements contained in 

subpart W, under 40 CFR part 98, under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The Information 

Collection Request (ICR) documents prepared by the EPA have been 

assigned OMB control number 2060-0651 for subpart W. The OMB 
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control numbers for EPA regulations in 40 CFR are listed at 40 

CFR part 9.

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 this re-proposal 

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

business as defined by the Small Business Administration’s 

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. 

This action proposes confidentiality determinations for 

subpart W data elements (except for inputs to equations) and 

amendments to Table A-7 of Part 98. After considering the 

economic impacts of this action on small entities, I certify 
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that this action will not have a significant economic impact on 

a substantial number of small entities. This action will not 

impose any new requirement on small entities that are not 

currently required by Part 98. 

The EPA took several steps to reduce the impact of Part 98 

on small entities. For example, the EPA determined appropriate 

thresholds that reduced the number of small businesses 

reporting. In addition, the EPA did not require facilities to 

install continuous emission monitoring systems (CEMS) if they 

did not already have them. Facilities without CEMS can calculate 

emissions using readily available data or data that are less 

expensive to collect such as process data or material 

consumption data. For some source categories, the EPA developed 

tiered methods that are simpler and less burdensome. Also, the 

EPA required annual instead of more frequent reporting. Finally, 

the EPA continues to conduct significant outreach on the 

mandatory GHG reporting rule and maintains an “open door” policy 

for stakeholders to help inform EPA’s understanding of key 

issues for the industries.

We continue to be interested in the potential impacts of 

this action on small entities and welcome comments on issues 

related to such effects.

D. Unfunded Mandates Reform Act (UMRA)
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Title II of the Unfunded Mandates Reform Act of 1995 

(UMRA), 2 U.S.C. 1531-1538, requires federal agencies, unless 

otherwise prohibited by law, to assess the effects of their 

regulatory actions on state, local, and tribal governments and 

the private sector. Federal agencies must also develop a plan to 

provide notice to small governments that might be significantly 

or uniquely affected by any regulatory requirements. The plan 

must enable officials of affected small governments to have 

meaningful and timely input in the development of EPA regulatory 

proposals with significant federal intergovernmental mandates 

and must inform, educate, and advise small governments on 

compliance with the regulatory requirements.

This action, which is proposing confidentiality 

determinations for subpart W data elements (except for inputs to 

equations) and amendments to Table A-7 of Part 98, does 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 does not increase the reporting burden. Thus, this action 

is not subject to the requirements of sections 202 or 205 of the 

UMRA.

In developing Part 98, the EPA consulted with small 

governments pursuant to a plan established under section 203 of 

the UMRA to address impacts of regulatory requirements in the 
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rule that might significantly or uniquely affect small 

governments. For a summary of EPA’s consultations with state 

and/or local officials or other representatives of state and/or 

local governments in developing Part 98, see Section VIII.D of 

the preamble to the final rule (74 FR 56370, October 30, 2009).

E. Executive Order 13132: Federalism 

This action does not have federalism implications. It will 

not have substantial direct effects on the states, on the 

relationship between the national government and the states, or 

on the distribution of power and responsibilities among the 

various levels of government, as specified in Executive Order 

13132. However, for a more detailed discussion about how Part 98 

relates to existing state programs, please see Section II of the 

preamble to the final rule (74 FR 56266, October 30, 2009).

This action, which is proposing confidentiality 

determinations for subpart W data elements (except for inputs to 

equations) and amendments to Table A-7 of Part 98, applies to 

facilities containing petroleum and natural gas systems that 

directly emit greenhouses gases over 25,000 metric tons of CO2

equivalent. It does not apply to governmental entities unless a 

government entity owns a facility that directly emits greenhouse 

gases above threshold levels, so relatively few government 

facilities would be affected. This action also does not limit 

the power of states or localities to collect GHG data and/or 
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regulate GHG emissions. Thus, Executive Order 13132 does not 

apply to this action.

In the spirit of Executive Order 13132, and consistent with 

EPA policy to promote communications between the EPA and state 

and local governments, the EPA specifically solicits comment on 

this proposed action from state and local officials. For a 

summary of EPA’s consultation with state and local organizations 

and representatives in developing Part 98, see Section VIII.E of 

the preamble to the final rule (74 FR 56371, October 30, 2009).

F. Executive Order 13175: Consultation and Coordination with 

Indian Tribal Governments

This action, which is proposing confidentiality 

determinations for subpart W data elements (except for inputs to 

equations) and amendments to Table A-7 of Part 98, does not have 

tribal implications, as specified in Executive Order 13175 (65 

FR 67249, November 9, 2000). This action does not increase the 

reporting burden. Thus, Executive Order 13175 does not apply to 

this action. For a summary of EPA’s consultations with tribal 

governments and representatives, see Section VIII.F of the 

preamble to the final rule (74 FR 56371, October 30, 2009). The 

EPA specifically solicits additional comment on this proposed 

action from tribal officials.

G. Executive Order 13045: Protection of Children from 

Environmental Health Risks and Safety Risks
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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 action, which is 

proposing confidentiality determinations for subpart W data 

elements (except for inputs to equations) and amendments to 

Table A-7 of Part 98, 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 action, which is proposing confidentiality 

determinations for subpart W data elements (except for inputs to 

equations) and amendments to Table A-7 of Part 98, is not 

subject to Executive Order 13211 (66 FR 28355, May 22, 2001), 

because it is not a significant regulatory action under 

Executive Order 12866 .

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 (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.
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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 OMB, explanations when the agency decides not 

to use available and applicable voluntary consensus standards.

This action, which is proposing confidentiality 

determinations for subpart W data elements (except for inputs to 

equations) and amendments to Table A-7 of Part 98, does not 

involve 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 this action, 

which is proposing confidentiality determinations for subpart W 
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data elements (except for inputs to equations) and amendments to 

Table A-7 of Part 98, will not have disproportionately high and 

adverse human health or environmental effects on minority or 

low-income populations because it does not affect the level of 

protection provided to human health or the environment. This 

action addresses only reporting and recordkeeping procedures.
Proposed Confidentiality Determinations for the Petroleum and Natural 

Gas Systems Source Category, and Amendments to Table A-7, of the 

Greenhouse Gas Reporting Rule

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List of Subjects 40 CFR Part 98

Environmental protection, Administrative practice and 

procedure, Greenhouse gases, Reporting and recordkeeping 

requirements.

Dated:

Lisa P. Jackson, 

Administrator.
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For the reasons stated in the preamble, title 40, Chapter 

I, of the Code of Federal Regulations is proposed to be amended 

as follows: 

PART 98—[AMENDED]

1. The authority citation for part 98 continues to read 

as follows:

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

Subpart A—[Amended]

2. Table A-7 to subpart A of part 98 is amended by 

revising the entries for subpart W 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)

* * * * * * *

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.

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.
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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)(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.

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

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

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

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

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

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

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

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.

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

* * * * * * *